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). 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?" 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. 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). Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. 17. On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. 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. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? He also testified that he never told Rollins Cooper that he had a date with three women. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. See art. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series 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. Id. 12. Said all he had was two ounces of cocaine he could front me. 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." Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Chandler, 702 So.2d at 191. Chandler raises seven claims of error on appeal.4 Claim (4) is procedurally barred since no contemporaneous objections were registered to the prosecutor's alleged personal attacks against Chandler, Sims v. State, 681 So.2d 1112, 1116-17 (Fla.1996) cert. Again, Blair could not convince Mottram to join them. Copyright 2023, Thomson Reuters. 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. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. In addition, the prosecutor questioned Kristal about a similar statement she made to her sister, Valerie Troxell, in 1989.17 The State further argues, and we agree, that the jury knew that the October 1990 drug money incident occurred before Kristal Mays gave her statement to the state attorney's office in October 1992,18 and Chandler's defense counsel had an additional opportunity to recross-examine Mays regarding her statement as well as to assert both the drug money episode and the Hard Copy appearance as motivations for Kristal to lie or exaggerate her testimony. 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. She gave a sworn statement to the state attorney's office on October 6, 1992. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. 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. Chandler's claim of error addresses the first prong. 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 . Transcript; Exhibits; Video Testimony; Ana Liss. 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. [19] Cf. Id. For example, Chandler claims that the prosecutor improperly commented on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery of Judy Blair by stating: "Think about all the things he wouldn't talk about and didn't say. 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. For the reasons stated above, we affirm the trial court's denial of postconviction relief. Id. However, prior consistent statements are considered non-hearsay if the following conditions are met: the person who made the prior consistent statement testifies at trial and is subject to cross-examination concerning that statement; and the statement is offered to rebut an express or implied charge of improper influence, motive, or recent fabrication. Rodriguez, 609 So.2d at 500 (quoting section 90.801(2)(b), Florida Statutes (1989)). Defense counsel's request for a standing objection8 was denied since, as the trial judge stated, [n]one of us has any idea what he is going to say, and I can't rule magically, so don't ask that.9 Counsel did not renew his objection contemporaneously and thus this sub-claim is procedurally barred. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. 8. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. 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. Similarly, because we have previously held that the prosecutor's comments in this case did not constitute fundamental error, even though some of the prosecutor's comments in this case were ill-advised, they were not so prejudicial as to vitiate the entire trial. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. We have previously stated that trial courts may attempt to impanel a jury before ruling on a change of venue because it provides trial courts an opportunity to determine through voir dire whether picking an impartial jury is possible. The instant case is similar to Thompson v. State, 759 So.2d 650, 664 (Fla.2000), in which the defendant claimed defense counsel was ineffective for failing to object to several improper remarks by the prosecutor. The following day Roark's grandmother reported her missing. I said, that's fine. 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. April 17th, 2003, Precedential Status: This series of incidents forced Kristal Mays to drop out of nursing school. (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. In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. Appellee's Answer Brief at 45. 1535, 140 L.Ed.2d 685 (1998). Toggle navigation. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." "This isn't a negotiation," she tells the network's execs. Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. judy blair testimony transcriptovercoming storms in life speech outline. judy blair testimony transcript. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . 400 So.2d at 1219. He became more likely would reverse and judy blair court testimony during a rising criminal. Revathi Constructions is a Leading Construction Company in Trichy. 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. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. Squatters A Of Crossword Conquest Mongodb See Strickland, 466 U.S. at 694, 104 S.Ct. 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. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. (Emphasis added.). United States v. Weber, 437 F.2d 327 (3d Cir.1970). CourtListener is sponsored by the non-profit Free Law Project. We have jurisdiction. 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. 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. Transcript; . [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. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. Chandler, by way of comparison, was given an initial selection between Pinellas or Hillsborough counties based on the indictment, and was given the additional option of stipulating to have his jury selected from Orange County. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. 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. 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)