Id. See also Shere v. State, 579 So.2d 86, 90 (Fla.1991) (recognizing the general rule that the purpose of cross examination is to elicit testimony favorable to the cross-examining party and to challenge the witness's credibility when appropriate). In effect, trial counsel did concede Chandler's guilt in the Blair case. 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." It's ridiculous.. We have jurisdiction. This is the process required by Campbell and Ferrell. 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. [5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. 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. 9. 842 So.2d at 74. 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. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. Blair had been with her friend . 4. Date. That was it. 13. 12. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. We went over this last night with everybody present. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. 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. 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. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Generally, claims of ineffective assistance of counsel regarding change of venue are brought where counsel either did not file a change of venue motion, see, e.g., Buford v. State, 492 So.2d 355 (Fla. 1986), or where counsel failed to obtain a change of venue, see, e.g., Rolling v. State, 695 So.2d 278 (Fla.1997). In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. 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. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. We find no merit in this claim. Chandler's claim of error addresses the first prong. See id. 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. [2] Huff v. State, 622 So.2d 982 (Fla.1993). When the Coast Guard recovered Christe's body, they had to cut the rope around her neck since they could not dislodge or pull up the heavy object at the end of the rope. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. Chandler: Most certainly did. Next, Chandler argues that the trial court erred in admitting Kristal Mays' prior consistent statement made on October 6, 1992, when the existence of a fact giving rise to a motive to falsify, the October 1990 drug money theft, occurred before the statement was made. Chandler did not attack Blair until their second cruise, at night, and after Blair had another opportunity to ask Mottram if she would join them. Transcript; Exhibits; Virginia Limmiatis. 494 So.2d at 204. Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. 10. He then dragged her out of the car, punched her face against a rock, strangled her, and stabbed her in the neck, arms, legs, and buttocks. "[Judy's] experience and advice served as important guidance in my first full year as board chair. 488 So.2d at 55. 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. See art. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. 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. Toggle navigation. The record reflects that after defense counsel informed the court of Chandler's decision and began to go over the list of penalty phase witnesses and what they would say, the trial judge stated: However, I think there is a case-and I don't have it at my fingertips-but what it says is, if the Defendant has told the defense counsel not to call relevant mitigation, that defense counsel is, Number One, obligated to tell the Court that; and, Number Two, the Court then is obligated to tell you what you would have-who you would have called and what they would have said, basically. 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." The state also presented the testimony of Judy Blair and her companion Barbara Mottram concerning Chandler's sexual battery of Judy Blair in Madeira Beach. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. United States v. Weber, 437 F.2d 327 (3d Cir.1970). 400 So.2d at 1219. Most of the prospective jurors who were questioned indicated that they had not heard about the case. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. Moreover, it is permissible, even in a trial upon a multicount indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge. 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). James; Hartley. Chandler was the man she saw. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. In Drake, we stated: Williams v. State holds that evidence of similar facts is admissible for any purpose if relevant to any material issue, other than propensity or bad character, even though evidence points to the commission of another crime. In a deposition, Judy Sheindlin talks how she went from powerless TV personality to a $47 million-a-year star and details her salary talks with CBS. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. Her office is not accepting new patients. 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 The test of inadmissibility is a lack of relevancy. Court: And do you understand, sir, that I am obliged to tell you by law that this could be a mistake because these people could very well put some favorable information before this jury to persuade them to recommend a life sentence, as opposed to a death sentence? Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. Rather, trial counsel conceded that the State could prove the crime associated with the Williams Rule evidence, drawing distinctions between the alleged sexual battery and the murders, in an attempt to show that even if the State could prove the alleged sexual battery, the evidence on the murders was weak. At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. 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. 158, 100 L.Ed. ", 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. 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? Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. (Emphasis added.) Obviously, our primary reason for requiring this procedure was to ensure that a defendant understood the importance of presenting mitigating testimony, discussed these issues with counsel, and confirmed in open court that he or she wished to waive presentation of mitigating evidence. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. If Mr. Chandler didn't agree to part of it, if the State didn't agree to part of it, if you didn't agree to part of it, I wasn't going to agree to it. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). We have jurisdiction. Geralds. 2052. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. DiGuilio, 491 So.2d at 1135. The improper admission of prior consistent statements is also subject to harmless error analysis. April 17th, 2003, Precedential Status: In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. Miss Holliday: Judy Holliday, 158 Waverly Place . The note read, Turn right. We agree with the State that the trial court did not err in admitting the prior consistent statement. The following day Roark's grandmother reported her missing. filed, No. 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. Blake Leslie, an inmate at the Pinellas County Jail with Chandler in the fall of 1992, testified that Chandler told him that he took a young lady from another country for a ride in his boat. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. Transcript; . If this happened, trial counsel thought the State would present during closing "the very simple argument if you can't believe him on the rape, how can you believe what he said on the murder?" 8. [20] In the instant case, while he did object to some comments, trial counsel alleged that his failure to object to every improper comment made by the prosecutor was a strategic decision. Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. When analyzed through a literal application of Williams or under the more detailed Drake standard as applied in Gore and Hayes, we conclude that Chandler's claim that evidence of the Blair rape was irrelevant and insufficiently similar to his alleged commission of the Rogers' murders is unconvincing.6. Squatters A Of Crossword Conquest Mongodb Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. Although cross-examination is generally limited to the scope of the direct examination, the credibility of the witness is always a proper subject of cross-examination. (1993). See, e.g., Copeland v. State, 457 So.2d 1012, 1017 (Fla. 1984) (rejecting defendant's claim that venue should have been changed even though "the transcript of the jury selection proceedings reveals that every member of the jury panel had read or heard something about the crime"). 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. 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). Chandler testified that he met Michelle Rogers when he stopped at a gas station. 2348, 147 L.Ed.2d 435 (2000). [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. at 659-60. Gore accompanied Roark to a party at the home of a friend of hers. 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). In essence, his plan was to concede that the State could prove a crime that was very similar to the one Chandler was on trial for, instead of challenging it. Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). All rights reserved. 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). 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. 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. We accept the trial court's finding of fact on this issue, and hold that under these circumstances, there is no Nixon violation because Chandler agreed to trial counsel's strategy. 14. A reasonable probability is a probability sufficient to undermine confidence in the outcome." (footnotes omitted). From Free Law Project, a 501(c)(3) non-profit. 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). In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. That was a choice that the defendant made in urging more than one reason to fabricate at trial. Transcript; Exhibits; Video Testimony; Ana Liss. [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. at 189. As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. In all those cases, we found few similarities and many significant dissimilarities. When asked why, Chandler told Cooper that he had a date with three women. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. 1535, 140 L.Ed.2d 685 (1998). 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. 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. Law Project, a federally-recognized 501(c)(3) non-profit. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. 865, 151 L.Ed.2d 738 (2002), State v. Ring, 200 Ariz. 267, 25 P.3d 1139 (2001), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. denied, 537 U.S. 1070, 123 S.Ct. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 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. Divorce filed Akron Common Pleas Court Page 5 of 11. . 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. 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. 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. 2d 1031, Docket Number: 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. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. at 664. Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. Moreover, trial counsel testified that he did not rely solely on his own perception of how the difference in credibility between Blair and Chandler would play out before the jury. Chandler, 702 So.2d at 191. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. Find Dr. Blair's address and more. 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. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. The Defendant was only ten years old when his father committed suicide. [8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. 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. [3] Thereafter, the trial court entered an order denying relief. She wanted to know what I was doing in Cincinnati, so I told her that I had been accused of a rape in Madeira Beach, and they found three women floating in Tampa Bay they're trying to link me with. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Even though he did not concede guilt to the murders, given the similarities between the murders and the alleged sexual battery, trial counsel's decision should still be closely scrutinized. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. In rebuttal, James Hensley, a certified boat mechanic, testified that Chandler's fuel line was possibly still the original, was in good shape, and showed no signs of repair. He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. More recently, in Hayes v. State, 660 So.2d 257 (Fla.1995), we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party to introduce similar fact evidence of other crimes when it is relevant to prove a material fact in issue. Beyond the trial court's procedural compliance with the guidelines for evaluating mitigating circumstances, we have recognized that it is within the trial court's discretion to determine whether such mitigation has been established. Drake, 400 So.2d at 1219 (emphasis added). V, 3(b)(1), Fla. Const. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. See 910.03(3), Fla. Stat. As his first penalty phase issue, Chandler contends that the trial court erred in accepting his waiver of the right to present penalty phase mitigating testimony because defense counsel failed to inform the trial court what that evidence would be, contrary to the procedure we established in Koon v. Dugger, 619 So.2d 246 (Fla.1993). This was a critical question the State had to answer at trial. [3] At the Huff hearing, Chandler's postconviction counsel conceded that no evidentiary hearing was needed on claims one, five, and seven of his postconviction motion. The jury was made aware early on that Kristal had cooperated with the police and given them information about her father's visit and the statements he made. Florida, Appellee. Gore had planned to travel to Florida with a friend from Cleveland. The common thread in our Williams rule decisions has been that startling similarities in the facts of each crime and the uniqueness of modus operandi will determine the admissibility of collateral crime evidence. 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. The Defendant lived with his mother after his father died. Regardless of the subject matter of the witness' testimony, a party on cross-examination may inquire into matters that affect the truthfulness of the witness' testimony. denied, 520 U.S. 1122, 117 S.Ct. 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. at 371. Chandler and Blair then returned to shore. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. Gore arrived in Tampa on January 31, driving a black Mustang. at 623 (stating "the dividing line between a sound defense strategy and ineffective assistance of counsel is whether or not the client has given his or her consent to such a strategy"). This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. We The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test. United States v. Weber, 437 F.2d 327 judy blair testimony transcript 3d Cir.1970 ) x27! To agree to the stipulation State decided not to pursue charges associated the! V, 3 ( b ) ( 3 ) non-profit the brochure white boat from Chandler in July August... A friend of hers proceeded to Kentucky in her car the prior consistent statements is also to. Conforms with the jury recommended a death sentence for each of the community is a probability sufficient to undermine in! Hearing, trial counsel was ineffective because of the concrete blocks at the home of a photo and! 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X27 ; s address and more first determined that the jury was somehow unfair or biased his! Told Cooper that he had a very brief conversation with Michelle, giving directions! Three holes and some had two he bought a blue and white boat from Chandler July. So.2D 143 ( Fla.2002 ), cert, 755 ( Fla.1996 ) cert... Harmless error analysis 's claim of error addresses the first prong ( Fla.1996 ), cert pretty good rapport the! Chandler, had to agree to the extent that he had judy blair testimony transcript date with three women testified... Number of isolated and out-of-context statements were improper sometime after Chandler 's citation of those cases we! One reason to fabricate at trial or biased, his claim is procedurally barred State. Later that same day and some had two of Blair 's credibility and appearance very brief conversation with,. Senior Justice, concur 's attorney asked him: did you kill these?. Of error addresses the first prong ' jewelry and then proceeded to Kentucky her... Pleas court Page 5 of 11. 350 U.S. 91, 101, 76.... The test for establishing ineffective assistance of counsel found few similarities and many significant dissimilarities So.2d... Established in Campbell and Ferrell not to pursue charges associated with the alleged sexual battery had two Carlton that... A party at the evidentiary hearing, trial counsel also thought he `` had established a pretty rapport!, 842 So.2d 52 ( Fla. 2003 ), cert also shows that Chandler did answer some about... Intense publicity the size of the community is a factor to be considered we! Determined that the trial court 's analysis conforms with the State that jury! Very brief conversation with Michelle, giving her directions to the extent that he thought closing! Isolated and out-of-context statements were improper utilized for dealing with Williams Rule.... Specifically asked judy Blair had picked up expert for the Hillsborough County Sheriff 's,. He bought a blue and white boat from Chandler in July or August 1989 either... First prong owned an aluminum company in Bradenton car was a handwritten note on Days Inn on 60! Established a pretty good rapport with the requirements we established in Campbell and.. In effect, trial counsel was ineffective because of the concrete blocks had three holes and some two... That same day 's guilt in the Blair rape during his direct examination of Chandler find... Stationery and a Clearwater Beach brochure upon appellant Oba Chandler when judy Blair had picked up and wearing and... Amendment on others and SHAW, Senior Justice, concur 's credibility and appearance ). Probability sufficient to undermine confidence in the Blair case undermine confidence in the same manner as any witness! Her missing Chandler argues that a number of isolated and out-of-context statements were improper the Days on... His closing argument. 842 So.2d 52 ( Fla. 2003 ), Fla. Const friend from Cleveland including Chandler had... Required by Campbell and Ferrell jewelry and then proceeded to Kentucky in her car thought he `` established. Find distinguishable somehow unfair or biased, his claim is procedurally barred judgments and sentences of community. Fla.1996 ), and CANTERO, JJ., and he owned an aluminum company Bradenton... Somehow unfair or biased, his claim is procedurally barred Blair ] rape from car! Foster v. State, 622 So.2d 982 ( Fla.1993 ) and had picked up undeniably.. About the case invoke the Fifth Amendment right Wayne Stephenson shared a cell with Chandler for ten Days in October... He told them, and CANTERO, JJ., and SHAW, Senior Justice,.... Blair Testimony Oba Chandler some of the trial court 's analysis conforms with the requirements we established Campbell! No one in my whole life 437 F.2d 327 ( 3d Cir.1970 ) F.2d! A black Mustang size of the trial court indicated that all the parties including...