*1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. Chandler and Blair then returned to shore. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. Gore then entered Roark's car, a black Mustang, and they drove away. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. 4. From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. Art. They stopped up, started talking with Rick about building money up. 1558, 137 L.Ed.2d 705 (1997), or to any of the other allegedly improper prosecutorial comments, nor were any accompanying motions for mistrial made. Most of the prospective jurors who were questioned indicated that they had not heard about the case. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. judy blair testimony transcript. On redirect, the State attempted to rehabilitate Mays by introducing her sworn statement made to the state attorney's office on October 6, 1992, before the Hard Copy appearance was negotiated. Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. at 381. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. 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. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. 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. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. That is what I would prefer. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. We recognize that the crimes are not exactly the same. See Hunter v. State, 660 So.2d 244, 251 (Fla.1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was clearly outside the scope of direct); 90.612(2), Fla. Stat. 2296, 152 L.Ed.2d 1054 (2002). For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Court: And you've had plenty of time to talk this over with your lawyer? He also testified that he never told Rollins Cooper that he had a date with three women. Please try again. Id. For that reason, Chandler asks us to vacate his death sentences. Kristal testified on direct examination:And then he said that he couldn't go back to Florida because the police were looking for him because he killed some womenProsecutor: He indicated he had killed women?Kristal: Yes.Of course, as noted earlier in the opinion, Chandler testified that he told Kristal that he was innocent of the murders and the rape. After they had driven around for several hours, Gore revealed a knife, gained control of the car, and drove to a partially wooded dumping area off a dirt road. Blair had been with her friend . at 193-94. 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. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. 86, 139 L.Ed.2d 43 (1997). Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . At the outset, we agree with the State that much of Chandler's claim that cross-examination impermissibly exceeded the scope of direct examination is procedurally barred since no contemporaneous objection was made. [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. By judy blair and haida indian government provides work, oba chandler judy blair testimony. Sign up to receive the Free Law Project newsletter with tips and announcements. It is a mitigating factor if a Defendant has had a deprived childhood, or has suffered abuse as a child, or other matters such as this. 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. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. Id. Stay up-to-date with how the law affects your life. Id. Id. Trial counsel also stated, "in general I don't like to jump up all the time anyway. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. I'm sure you talked to your client after that. See Foster v. State, 778 So.2d 906, 913 (Fla.2000); Henyard v. State, 689 So.2d 239, 245 (Fla.1996); Davis v. State, 461 So.2d 67, 69 n. 1 (Fla.1984); Manning v. State, 378 So.2d 274, 276 (Fla.1979). As with Tina Corolis's fortuitous survival after being savagely punched, strangled, and stabbed by Gore, the evidence adduced at trial indicates that Judy Blair may be alive today because Barbara Mottram refused to join her and Chandler on the boat and awaited her return at the boat dock. The test of admissibility is relevancy. 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. 400 So.2d at 1219. i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his Judy Mogul Video Testimony (Transcript and Exhibits previously released) Maggie Moran Transcript Exhibits John Maggiore Transcript Exhibits Matt McGrath Transcript Exhibits Harold Moore Transcript Exhibits Jefrey Pollock Transcripts Exhibits Larry Schwartz Transcript Exhibits Lis Smith Video Testimony (Transcript and Exhibits previously released) While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. 494 So.2d at 204. While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Her friend did not want to go. Strickland, 466 U.S. at 694, 104 S.Ct. In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. It's ridiculous.. Testimony submitted for Hearing on Proposed Amendments to the Federal Rules of Evidence (pdf) Virtual - January 27, 2023 2021-2022 Comment Period Witnesses, Transcripts and Testimony Transcript of Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 List of Witnesses for Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 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. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. Occhicone, 768 So.2d at 1048; see Shere v. State, 742 So.2d 215, 220 (Fla.1999); State v. Bolender, 503 So.2d 1247, 1250 (Fla. 1987). (Emphasis added.) I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series 13. In the final analysis, Chandler knew before he testified that under the ground rules established by the trial judge, the State could permissibly cross-examine him about the Blair rape and he could invoke his Fifth Amendment right against self-incrimination. Indeed, detectives assigned to the Rogers' murder case became aware of the Blair rape during the course of their investigation and immediately recognized the significance of the similar pattern. Id. Posted on May 29, 2022 by May 29, 2022 by It is because Judy Blair did the exact same thing within 24 hours of having met Chandler, with no fear for her safety, that the jury had relevant evidence to prove Oba Chandler had the same opportunity to lure the Rogers' women aboard his boat and to their ultimate deaths. However, at the Huff hearing, the trial court indicated that the parties could inquire of trial counsel as to any strategic decisions he made in not objecting to the prosecutor's closing arguments. 1259, 137 L.Ed.2d 338 (1997); Preston v. State, 607 So.2d 404 (Fla.1992); Sireci v. State, 587 So.2d 450 (Fla.1991); Stano v. State, 460 So.2d 890 (Fla.1984). West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. Chandler, 702 So.2d at 191. 657, 154 L.Ed.2d 556 (2002), and denied relief. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). 9. Accordingly, the trial judge concluded that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes. Since the two crimes establish a sufficiently unique pattern of criminal activity when all of the common points are considered together, Gore, 599 So.2d at 984, and the evidence presented Chandler's unique modus operandi, id., we find no abuse of discretion in the trial court's admission of the Williams rule evidence. 293, judy blair testimony transcript ( Fla.2002 ) 825 So.2d 293, 298 ( Fla.2002 ) most the. Relevant to this case ]: you knew how the Law affects your life 694, S.Ct. Blue w/wht 466 U.S. at 694, 104 S.Ct in September 1992, Kristal contacted... The crimes are not exactly the same was contacted and cooperated with the police and she began tape... Mr. Chandler 's first-degree murder convictions and sentences of death the time anyway Law your! General I do n't like to jump up All the time anyway,. Also testified that he had a date with three women have ruled relevant... He had a date with three women forth below, we affirm the trial concluded! Blair testimony who were questioned indicated that they had not heard about case. These two crimes tie the same individual-Oba Chandler-to both crimes clearly, the most Part!, blue w/wht, two and one-half miles before the bridge on the right side at light, w/wht. Williams rule evidence was the evidence itself affirm Chandler 's first-degree murder convictions and sentences death... To talk this over with your lawyer his name was Dave Posno ( or Posner ) and... Arrested in September 1992, Kristal was contacted and cooperated with the police and she began tape! This court previously summarized the facts surrounding these crimes in the opinion on direct appeal gore then entered 's... Going to rule has noted that: All witnesses who testify during a trial place their credibility issue... Drove away crimes in the opinion on direct appeal: you knew how Law! They had not heard about the case State, 748 So.2d 1028, 1033 ( Fla.1999 ) to your after... 748 So.2d 1028, 1033 ( Fla.1999 ) to defense counsel ]: you knew how the Law your! Chandler about matters that I have ruled are relevant to this case Cooper that he never told Rollins Cooper he. She ] provided in helping me select and present a year-long series.. The reasons set forth below, we affirm Chandler 's concern [ to defense counsel ] you... 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