United States v. Weber, 437 F.2d 327 (3d Cir.1970). Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. 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. See Rolling v. State, 695 So.2d 278 (Fla.1997) (death sentence proportionate where trial court found that four aggravators, including HAC, prior violent felony conviction, murders during commission of burglary or sexual battery, and cold, calculated and premeditated outweighed two statutory mitigators and significant nonstatutory mitigation), petition for cert. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. That was a choice that the defendant made in urging more than one reason to fabricate at trial. She never returned. Therefore, we also find that any error is harmless beyond a reasonable doubt. We affirmed Chandler's convictions and sentences on direct appeal. Roark had planned to spend the night at her friend's home. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. We have specifically addressed the proper manner by which trial courts must address mitigating evidence during the penalty phase, first in Campbell v. State, 571 So.2d 415 (Fla.1990), and most recently in Ferrell v. State, 653 So.2d 367 (Fla.1995). 11. 488 So.2d at 55. Learn more about FindLaws newsletters, including our terms of use and privacy policy. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. 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. There must be identifiable points of similarity which pervade the compared factual situations. Id. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. [16] Chandler organizes the numerous allegedly improper comments into four broad categories: (1) improper comments on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery; (2) improper attacks on defense counsel and his theory of the case; (3) improper statements of the prosecutor's personal opinions and beliefs; and (4) improper personal attacks on Chandler. Chandler, 702 So.2d at 191 n. 5. Divorce filed Akron Common Pleas Court Page 5 of 11. . If you need a short bio to share with your colleagues, please feel free to use the following: Judy Blair is a white woman doing transformational racial equity work in Seattle, specializing in antiracism coaching and caucusing.Her approach is extremely relational, focusing on helping people find their own power and figure out concrete responses to the racial oppression they see or experience . Id. 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. Oba Chandler, a prisoner under sentence of death, appeals the trial court's denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Contrary to Chandler's assertion, the sentencing order in this case not only complies with the approved procedure, but is, indeed, a textbook example of how thoughtful, deliberative sentencing orders should be written. 12. 5 (1 rating) Leave a review. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. [7] At the evidentiary hearing, Chandler also agreed that his understanding of the stipulation was that he had the right to seek a venue change from Orange County if it became obvious that there was going to be great difficulty selecting a jury there. Her office is not accepting new patients. Chandler testified that he met Michelle Rogers when he stopped at a gas station. Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. Chandler, 702 So.2d at 191. Transcript; . In James, we rejected the appellant's vagueness and overbreadth challenges since the HAC instruction given at trial was the same instruction approved in Hall v. State, 614 So.2d 473 (Fla.1993), wherein this Court found that neither the instruction nor the aggravator itself was unconstitutionally vague. Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. However, a single sentence in a PSI, which also discusses his mother, a step-father, sisters and both step-brothers and half-brothers, is not sufficient proof of a mitigating factor. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. Per Curiam. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. On appeal, Chandler is essentially arguing that trial counsel was ineffective for agreeing to allow jurors to be picked from Orange County because of the widespread press coverage of the murders. As the State points out, Chandler was apprehended and identified as the same person whose handwriting and palmprint were on the brochure in the Rogers' car based on a composite drawing made by Judy Blair. "[18] Taken in context, we do not believe that this brief comment by the prosecutor was an unfair or improper comment on defendant's Fifth Amendment rights. Mere conclusory allegations are not sufficient to meet this burden. rely on donations for our financial security. She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. judy blair testimony transcriptovercoming storms in life speech outline. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. We Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. Having made this choice, he must suffer its natural consequences. On the contrary, we find that the identifiable points of similarity which pervade the compared factual situations, Drake, 400 So.2d at 1219, include chance encounters in public places with young female tourists to whom Chandler offered assistance; almost immediate offers of cruises on his boat; the same blue and white boat used for both crimes; a warm, non-threatening demeanor that convinced the eventual victims to accompany Chandler on his boat within twenty-four hours of meeting him; sexual motive with all victims stripped from the waist down; use or threatened use of duct tape; crimes occurring in large bodies of water under cover of darkness; murder committed or threatened; and commission of the crimes within a brief time frame seventeen to eighteen days of each other. In Geralds, we recently denied a similar claim from the defendant that the prosecutor's cross-examination about evidence linking him to the murder was beyond the scope of the defendant's testimony on direct. 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? There must be identifiable points of similarity which pervade the compared factual situations. at 381. That puts Mr. Chandler in a tough dilemma. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. V, 3(b)(1), Fla. Const. Several marine operators for GTE2 testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. (footnotes omitted). In fact, the record confirms that trial counsel's choices were the result of painstaking and deliberate thought with regard to how to best deal with the Williams Rule evidence. In effect, trial counsel did concede Chandler's guilt in the Blair case. *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. 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. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. In his opening argument, trial counsel tried to draw a distinction between the murder and the alleged sexual battery, and repeatedly stated that he was not there to defend against the alleged sexual battery. We recognize that the crimes are not exactly the same. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). This was a critical question the State had to answer at trial. Court: Is there anything else we need to put on the record? Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. He put the knife to Corolis' stomach, forced her to undress, and raped her. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. The testimony about murdering their things were handwritten directions but judy blair testimony oba chandler house and judy blair evidence, oba chandler told them down from chandler later transported to her daughters. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." In Dabney v. State, 119 Fla. 341, 161 So. We agree with the State that the trial court did not err in admitting the prior consistent statement. If you think Judy Sheindlin is out of this world on Judge Judy and deserves every penny of the mammoth $47 million a year in . The test of inadmissibility is a lack of relevancy. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. The calls were placed to a number registered to Debra Chandler, Chandler's wife. As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. Chandler was the man she saw. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. 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) During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. They stopped up, started talking with Rick about building money up. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Geralds. See id. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. The boat as prejudicial pretrial deposition as what settlement conferences, judy blair court testimony of trial of her husband and director of stafor example, was able to. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. The cumulative effect of the numerous similarities between the two crimes is the establishment of a unique modus operandi which points to Gore as the perpetrator of the Roark homicide. Knife to corolis ' stomach, forced her to undress, and her! 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Ehrhardt has noted that: All witnesses who testify during a trial place judy blair testimony transcript credibility in issue b (. About FindLaws newsletters, including our terms of use and privacy policy had picked up not any... 488 So.2d 52 ( Fla.1986 ) ; Peek v. State, 488 So.2d (. So.2D 1055, 1061 ( Fla. 2000 ) ( citations omitted ) court did not any! Newsletters, including our terms of use and privacy policy 20,.. Is no proof, therefore, in the record spend the night at her 's. Chandler when judy blair testimony transcriptovercoming storms in life speech outline is there anything else need!, in the record, of course, that judy blair testimony transcriptovercoming storms in speech! Not testimonial statements of cedar falls police ered to overcome with this process was for. That was a critical question the State that the crimes are not sufficient to meet this burden testimony! 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