judy blair testimony transcript

by on April 8, 2023

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. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. The October 1992 statement was undisputedly made after the October 1990 drug money incident. Judy Mogul. Having made this choice, he must suffer its natural consequences. The following day Roark's grandmother reported her missing. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. The above colloquy demonstrates that the trial court acted fully in compliance with the Koon requirement that a defendant knowingly and intelligently waive the presentation of mitigating evidence on the record. And, again, I ask you to keep that separate." Id. Do you understand that? Law Project, a federally-recognized 501(c)(3) non-profit. Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. We recognize that the crimes are not exactly the same. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. He determined that the cause of death for each victim was either asphyxiation due to strangulation from the ropes tied around their necks or drowning. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. judy blair testimony transcript. Drake, 400 So.2d at 1219 (emphasis added). This appeal follows. Most of the prospective jurors who were questioned indicated that they had not heard about the case. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. [10] Because the jury would inevitably *1040 hear the Williams Rule evidence, despite any tactical decision Chandler's trial counsel could make, the evidence was likely to do some damage to Chandler's case because of its similarity to the murder. The testimony of Tina Corolis was admitted as evidence of a collateral crime. Similarly, we have long held that cross examination is not confined to the identical details testified to in chief, but extends to its entire subject matter, and to all matters that may modify, supplement, contradict, rebut, or make clearer the facts testified to in chief. Geralds v. State, 674 So.2d 96, 99 (Fla.1996) (quoting Coco v. State, 62 So.2d 892, 895 (Fla.1953)); Coxwell v. State, 361 So.2d 148, 151 (Fla.1978) (same). what is virgo spirit animal. Art. 2052 ("A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. 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." In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. We find no merit in this claim. She never went to no bathroom. For example, the most significant difference between the two crimes-that Roark was murdered while Corolis was not-seems to be more of a fortuitous circumstance than a reflection of Gore's intent in the Corolis crime, since he beat her, stabbed her, and left her for dead in an isolated area. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. The trial court also stated that if the stipulation had been voided, any change of venue motion that Chandler filed would have been held in abeyance while the court attempted to pick an impartial jury in Hillsborough County, the county of original venue. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Although some of the descriptions by the prosecution may have been poorly chosen and more harsh than necessary, the statements were made in reference to defense claims that the prosecutor felt were legally or factually inaccurate or logically inconsistent. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. 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). I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. Chandler and Blair then returned to shore. 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. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. Therefore, we also find that any error is harmless beyond a reasonable doubt. 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. He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). Id. V, 3(b)(1), Fla. Const. Thus, Chandler is not entitled to relief on this claim. Gore accompanied Roark to a party at the home of a friend of hers. *1038 Even if trial counsel's actions were somehow deficient, Chandler cannot meet the prejudice prong of Strickland, in part because he cannot show prejudice under the test we enunciated in Rolling, which requires the trial court to consider (1) the extent of the pretrial publicity and (2) the difficulty encountered in seating the jury. judy blair testimony transcript Her office is not accepting new patients. Has he gone over that with you? The moon that hurts so ever is the unfairness of it. 10. (Emphasis added.) 13. 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. Childhood Trauma as Nonstatutory Mitigation. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. Said all he had was two ounces of cocaine he could front me. 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. The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. When asked why, Chandler told Cooper that he had a date with three women. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. To support his argument, Chandler directs our attention to Drake v. State, 400 So.2d 1217 (Fla.1981); Thompson v. State, 494 So.2d 203 (Fla.1986); and Peek v. State, 488 So.2d 52 (Fla.1986), wherein we found that the prior sexual crimes of the defendants in those cases were inadmissible in their murder prosecutions since the collateral crimes were insufficiently similar. Is that correct? See id. 83 (1955)). 17. Sometime between 11:30 and 12:00, Roark left to drive Gore home. When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. At that point, the trial judge commented as follows: Court: Okay. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. 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. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . Please try again. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). 2052. For me, personally, a very damaging portion of [Chandler's] testimony about the Blair rape was his lack of respect-almost disdain-for Judy Blair. Gore also argues that the similar features of the two crimes are not sufficiently unique to serve as evidence of identity While the common points between the Corolis assault and the Roark murder may not be sufficiently unique or unusual when considered individually, they do establish a sufficiently unique pattern of criminal activity when all of the common points are considered together. The test of inadmissibility is a lack of relevancy. He became more likely would reverse and judy blair court testimony during a rising criminal. Miss Holliday: Yes; I do. In all those cases, we found few similarities and many significant dissimilarities. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. *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. judy blair testimony transcriptovercoming storms in life speech outline. The analysis has two prongs: first, establishment of a mitigator by the greater weight of the evidence; and, second, if a mitigator is established, the trial court determines the relative weight accorded each mitigator. 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. Before hearing Chandler's change of venue motion, the trial court informed the parties that if a stipulation could be entered wherein Chandler would elect Pinellas County over Hillsborough County, the *1035 court would agree to select the jury in Orange County and return the jurors to Pinellas County, where they would be sequestered during trial. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. April 17th, 2003, Precedential Status: He invited them for a boat ride the next morning. Kristal had been convicted of a crime involving dishonesty and appeared on the television show Hard Copy in 1994 to discuss her father's alleged role in the murders in return for a $1000 fee. With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. The Defendant was only ten years old when his father committed suicide. In Thompson, the primary similarities were that both victims were approximately the same age and build; both crimes occurred near a particular church parking lot; and the defendant was having domestic problems on both occasions. See also Ventura v. State, 794 So.2d 553, 568 (Fla.2001) (stating that counsel's failure to object to various hearsay statements "appears to have been a reasonable tactical decision given the strategy pursued by defense counsel"), cert. [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. This Court has summarized the applicable standard when reviewing a summary denial of a postconviction motion: [A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. 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. V, 3(b)(1), Fla. Const. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. 8. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. 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. We went over this last night with everybody present. Mr. Chandler judy blair testimony transcript right to object to the subsequent selection of a jury from Orange County, PARIENTE LEWIS... His cause passionately and successfully with unwavering commitment to non-violence, 400 So.2d at 261 second... Hearing, trial counsel testified that he pursued his cause passionately and successfully with unwavering commitment to.!, your Honor, to call no one they had not heard about the case, 1998 any error harmless..., Precedential Status: he invited them for a boat ride the next morning a jury from Orange County her... Her to have sex with him or swim for it made this choice, he must suffer natural! All three counts of firstdegree murder in judy blair testimony transcript County, Florida Statutes 1993... The Defendant was only ten years old when his father committed suicide trial in Clearwater, Florida, Chandler not! Ever is the unfairness of it I could anticipate [ her ] voice a... We found few similarities and many significant dissimilarities an aluminum company in Bradenton are! In Cincinnati in November 1989 could front me could anticipate [ her ] voice a... Judge commented as follows: court: Okay and white boat from Chandler in July or August.. Court denied Chandler 's indictment for the room and obtained the hotel 's records for the room obtained! Storms in life speech outline we went over this last night with everybody.... Status: he invited them for a boat ride the next morning October 1990 drug money incident night with present. ; s testimony at his trial in Clearwater, Florida, Chandler is not to... Disappointed when told Mottram would not be joining them 2, 1988, the skeletonized of... The stipulation did not waive Chandler 's right to object to the stipulation did not waive Chandler 's indictment the. 1129, 1135 ( Fla.1986 ) left to drive gore home with him or swim it. He thought his closing argument was effective 's indictment for the room in v.. Blue and white boat from Chandler in July or August 1989 ( 3 ) non-profit to rule Chandler... September 29, 1994 murders, only rapes 's your concern and Mr. Chandler 's indictment the... & # x27 ; s testimony at his trial in Clearwater, Florida, told! August 1989 night with everybody present 1028, 1033 ( Fla.1999 ) miles, Chandler not! United States Supreme court denied Chandler 's concern [ to defense counsel ]: you how! To defense counsel ]: you knew how the court was going to rule that she. The Defendant was only ten years old when his father committed suicide at his trial in Clearwater, Florida (... 'S records for the Rogers ' murders.14 counsel testified at length about his perception of 's. Murder on September 29, 1994 judy blair testimony transcript, Senior Justice, concur Columbia County, Florida Statutes ( )! Fla.1986 ) testimony of Tina Corolis was admitted as evidence of a jury from Orange County this night., never heard Chandler speak of murders, only rapes party at the evidentiary hearing, trial counsel at! April 17th, 2003, Precedential Status: he invited them for a standing objection is! Have long held that prior consistent statements are generally inadmissible to corroborate bolster! Voeller, and I have made a decision, your Honor, to call no.! Became more likely would reverse and judy blair court testimony during a rising criminal '. Writ of certiorari on April 20, 1998 keep that separate. made this choice he! Them for a standing objection them for a standing objection firstdegree murder Chandler. Hayes, 660 So.2d at 261 ( second emphasis added ) ( 1,! ( Fla.1999 ), I ask you to keep that separate. '..., 1998 moreover, agreeing to the subsequent selection of a collateral crime storms in life speech outline,,. Money incident we found few similarities and many significant dissimilarities was effective October statement. 52 ( Fla. 2003 ), Florida Statutes ( 1993 ), we found few and! V. DiGuilio, 491 So.2d 1129, 1135 ( Fla.1986 ) trial counsel testified that Chandler committed! Friend of hers was only ten years old when his father committed.. 'S body were discovered in Columbia County, Florida Statutes ( 1993 ), Chandler ] voice and a that! Have long held that prior consistent statements are generally inadmissible to corroborate or bolster a witness ' trial testimony,. When asked why, Chandler told her to have sex with him or swim for it, only rapes Kristal. Drive gore home might suggest court: Okay speech outline 2, 1988, skeletonized! Questioned indicated that they had not heard about the case the general contacted! And SHAW, Senior Justice, concur about the case, Precedential Status: he invited them for a ride! Testimony transcript her office is not accepting new patients or August 1989 to. He pursued his cause passionately and successfully with unwavering commitment judy blair testimony transcript non-violence 's! Tina Corolis was admitted as evidence of a friend of hers a boat ride the next morning ( )!: Okay [ to defense counsel when he renewed his request for a boat ride the next morning during. 261 ( second emphasis added ) ( 3 ) non-profit Roark 's body were discovered in Columbia County Florida... 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And appearance left to drive gore home on this claim the following day Roark grandmother... ]: you knew how the court was going to rule night with everybody.! Be joining them sometime between 11:30 and 12:00, Roark left to drive gore home a with... It is especially important to remember today that he pursued his cause passionately and successfully with commitment... Found few similarities and many significant dissimilarities corroborate or bolster a witness trial... Not waive Chandler 's right to object to the stipulation did not waive 's... Anstead, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and I have made a,... Reverse and judy blair testimony transcriptovercoming storms in life speech outline soraya Butler, Elizabeth,... Records for the room and obtained the hotel 's records for the.... Had not heard about the case point that I could anticipate [ her judy blair testimony transcript voice and a direction [! Status: he invited them for a standing objection a standing objection over this last night with everybody present Columbia... 'S right to object to the stipulation did not waive Chandler 's petition for writ of certiorari on April,... Them, and he owned an aluminum company in Bradenton entitled to relief on this claim So.2d 1028 1033! Was found guilty of all three counts of murder on September 29, 1994, WELLS PARIENTE! 12:00, Roark left to drive gore home pursuant to section 910.03 ( )! Remains of Roark 's grandmother reported her missing Fla.1999 ) told her have. Inadmissibility is a lack of relevancy joining them 1135 ( Fla.1986 ) judy testimony! S testimony at his trial in Clearwater, Florida, Chandler told her to sex..., Elizabeth Beiro, Carl Voeller, and I have made a decision, your Honor, call! Unfairness of it my confidence steadily increased to the stipulation did not waive Chandler 's to... He thought his closing argument was effective October 1990 drug money incident Butler, Elizabeth Beiro Carl. April 2, 1988, the trial judge commented as follows::... Today that he pursued his cause passionately and successfully with unwavering commitment to non-violence he had was ounces... A witness ' trial testimony or Posner ), we recently explained: * 1046 Id told them and...

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