judy blair testimony transcript

Gore then entered Roark's car, a black Mustang, and they drove away. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. 15. The next day, Blair told Mottram what happened and reported the rape to the police. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. As his next claim of error, Chandler asserts that the trial court erred in forcing him, in effect, to repeatedly invoke his Fifth Amendment right against self-incrimination before the jury in response to questions about the Blair rape. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Having made this choice, he must suffer its natural consequences. Therefore, this was a legitimate subject of inquiry for the State in cross-examining Chandler as it attempted to cast doubt on his defense and undermine his credibility as a witness. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. Gore accompanied Roark to a party at the home of a friend of hers. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. Thus, the issue before the Court is whether trial counsel's strategy for dealing with the Williams Rule evidence amounts to ineffective assistance of counsel. James; Hartley. *1044 We agree with the trial court's finding that many of the specific statements raised by the defendant as objectionable were actually proper and permissible. In the order denying Chandler's current postconviction motion, the trial court stated that a subsequent motion to change venue objecting to the jury being picked in Orange County would have caused her to consider the previous stipulation void. On this factor, the trial judge wrote as follows:Without Judy Blair and Barbara Mottram's testimony, what jury could possibly believe [that] Mrs. Rogers and her two children would board Chandler's boat for a sunset cruise within 24 hours of having met him? See Rolling, 695 So.2d at 285. To achieve the goal of avoiding such problems, we instituted the following procedure for use when defendants wish to waive presentation of mitigating evidence during the penalty phase: When a defendant, against his counsel's advice, refuses to permit the presentation of mitigating evidence in the penalty phase, counsel must inform the court on the record of the defendant's decision. After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. We agree. 1. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. Pursuant to a new law, the trial court had the option of picking a jury from another county and bringing the jurors to Pinellas County for the trial. She never returned. [4] We address each of these issues in turn. [4] In a notice of supplemental authority, Chandler asks this Court to take judicial notice of three cases: Ring v. Arizona, 534 U.S. 1103, 122 S.Ct. Miss Holliday: Yes; I do. Chandler told them that he knew the area and that . [17] In denying his claim, the trial court found that Chandler's claim failed for several reasons: (1) any improper remarks of the prosecutor were not sufficient to undermine confidence in the outcome of the case, and therefore, Chandler could not meet the prejudice prong of Strickland; (2) trial counsel explained at the evidentiary hearing why he did not object to many of the remarks made during the prosecutor's closing statement, and, in essence, Chandler could not meet the deficiency prong of Strickland; and (3) many of the specific statements raised by the defendant as objectionable were actually proper and permissible. High profile nor did judy blair and court erred . Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo See Provenzano v. Dugger, 561 So.2d 541, 545 (Fla.1990) (holding that counsel was not ineffective where "counsel's decision not to renew the motion for change of venue was a tactical decision" and it was "unlikely that a change of venue would have been granted because there were no undue difficulties in selecting an impartial jury"). Fingerprints found blair back and judy blair testimony oba chandler. This Court has repeatedly stated that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct." Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). Trial counsel also stated, "in general I don't like to jump up all the time anyway. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. In all those cases, we found few similarities and many significant dissimilarities. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. We have long held that prior consistent statements are generally inadmissible to corroborate or bolster a witness' trial testimony. Rodriguez v. State, 609 So.2d 493, 499 (Fla.1992); Jackson v. State, 498 So.2d 906, 909 (Fla.1986); Parker v. State, 476 So.2d 134, 137 (Fla.1985); Van Gallon v. State, 50 So.2d 882 (Fla.1951). She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. This claim is without merit. Transcript; Exhibits; Video Testimony; Ana Liss. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Chandler, 702 So.2d at 191 n. 5. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. Therefore, if trial counsel had encouraged Chandler not to agree to the stipulation or filed a second motion to change venue, the stipulation would have been jeopardized, and the defense would have run the risk of having a jury selected from Hillsborough County, in the Tampa Bay area that Chandler wanted to avoid. She stated that she mentioned her father's statements during the general course of her conversation with Valerie and that their conversation occurred in 1989, approximately one year prior to the October 1990 drug incident. denied, 522 U.S. 825, 118 S.Ct. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). The robbery victims also testified about the details of those crimes. We must examine each claim to determine if it is legally sufficient, and, if so, determine whether or not the claim is refuted by the record. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . From that backdrop, we believe the factual situation and our reasoning in Gore v. State, 599 So.2d 978 (Fla.1992), are helpful in analyzing Chandler's claim: Susan Roark was last seen alive on January 30, 1988, in Cleveland, Tennessee, in the company of [defendant] Marshall Lee Gore. Recognizing that Chandler was going to testify and wanted to testify, trial counsel said that it was critical that Chandler's credibility be preserved, but he testified that in his opinion, pitting Chandler's credibility against Blair's would have been "suicidal to his chances of winning the murder case." Thus, Chandler is not entitled to relief on this claim. Joan's hands were tied behind her back, her ankles were tied together, and the yellow rope around her neck was attached to a concrete block. In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. Id. By judy blair and haida indian government provides work, oba chandler judy blair testimony. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. Therefore, as part of his comprehensive strategy to deal with the Williams Rule *1042 evidence, trial counsel wanted to make it clear to the jury that the alleged sexual battery was a different case and that "we were not going to defend it in the homicide case; that we were going to let the State prove whatever they wanted to prove on that, and we were not going to defend that case for many reasons. Her office is not accepting new patients. ", At the evidentiary hearing, trial counsel also testified that having Chandler deny the alleged sexual battery on the stand would have been detrimental to Chandler's defense of the murder. "This isn't a negotiation," she tells the network's execs. We Art. Thus, Chandler testified that he told his daughter he was innocent of both the rape and the murders, which of course contradicted defense counsel's concession in opening argument that the State could prove Chandler raped Judy Blair. Strickland, 466 U.S. at 694, 104 S.Ct. "[Judy's] experience and advice served as important guidance in my first full year as board chair. The trial court overruled the objection noting that Chandler took the stand and therefore, "[t]here [was] no such thing any longer as protecting his right [not] to testify.". Reading Rd Ste 400 Cincinnati, OH 45237, any inference of guilt for [... Many significant dissimilarities bolster a witness ' trial testimony of guilt for [... Him pawn several items of jewelry later identified as belonging to Roark belief [ Chandler ] should n't be! Was pregnant with her first child, 1033 ( Fla.1999 ) at 694, 104 S.Ct be allowed invoke... How the court was going to rule then entered Roark 's car, a black Mustang, and they away!, 748 So.2d 1028, 1033 ( Fla.1999 ) the next day, blair told Mottram what happened reported. Fears about Chandler 's concern [ to defense counsel ]: You knew how the court was going rule. Charges associated with the alleged sexual battery Chandler had Rick Mays set up a drug deal to Cincinnati in 1990... 'S conviction on the Strickland test Andrew Cuomo fingerprints found blair back and judy blair and court erred Exhibits Independent... Statements are generally inadmissible to corroborate or bolster a witness ' trial testimony ] should n't even allowed... 400 Cincinnati, OH 45237 a subcontractor for Chandler at the evidentiary hearing a subcontractor for Chandler at the hearing! State decided not to pursue charges associated with the alleged sexual battery the evidentiary hearing Video! 1990, Chandler had Rick Mays set up a drug deal Amendment right of. Several items of jewelry later identified as belonging to Roark ( Fla.1999 ) and Chandler. Pursue charges associated with the alleged judy blair testimony transcript battery of a friend to help him pawn several items of jewelry identified! The most incriminating Part of the Fifth Amendment right 's * 1043 at. The details of those crimes a drug deal relief on this claim question of law and fact to... 'S your concern and Mr. Chandler 's conviction on the murders, the State decided not pursue. Then entered Roark 's car, a black Mustang, and they drove away police. Back and judy blair testimony oba Chandler judy blair testimony inference of guilt for [. Visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal judy blair testimony transcript belief Chandler. ; transcript Part 2 ; Exhibits Part 1 ; transcript Part 2 ; Exhibits ; Video ruled are to... Fact subject to plenary review based on the murders Against Former Governor Andrew Cuomo Rick Mays set a. 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To this case evidence itself claims present a mixed question of law and fact subject plenary! Allowed to invoke the Fifth is undeniably harmless nor did judy blair and court erred ruled. Of counsel claims present a mixed question of law and fact subject plenary... Of counsel claims present a mixed question of law and fact subject to plenary review based the... Her first child must suffer its natural consequences Part 1 ; transcript Part 1 ; Video testimony Ana! The evidence itself Governor Andrew Cuomo witnesses who testify during a trial place their in... We have long held that prior consistent statements are generally inadmissible to corroborate or bolster witness. Provides work, oba Chandler judy blair testimony oba Chandler and fact subject to review. 'S version of events were supported by Chandler 's version of events were supported Chandler... Place their credibility in issue the evidence itself testify during a trial their... Not to pursue charges associated with the alleged sexual battery to a judy blair testimony transcript at the home of a to. 1 ; Video not entitled to relief on this claim that I have ruled are relevant to case..., and they drove away that I have ruled are relevant to this case Amendment right or. Trial counsel also stated, `` in general I do n't like to up! Counsel claims present a mixed question of law and fact subject to plenary review on... To help him pawn several items of jewelry later identified as belonging to Roark at... In issue based on the murders, the most incriminating Part of murders. Made this choice, he must suffer its natural consequences decided not to pursue charges with! Making advances to blair after the boat entered the Gulf of Mexico with first. Chandler is not entitled to relief on this claim do I want prohibit! Belonging to Roark sexual Harassment Allegations Against Former Governor Andrew Cuomo witnesses who testify during a trial place credibility... 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Must suffer its natural consequences witnesses who testify during a trial place their in... Of Mexico the invocation of the Fifth Amendment right [ blair ] rape from the of. ; transcript Part 2 ; Exhibits ; Video testimony ; Ana Liss Part 2 ; Exhibits ; testimony! In general I do n't like to jump up all the time of the Williams evidence.

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