We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. Catch-up: The Blair-Clinton transcripts and a genuine shop name Tony Blair said Diana had 'problems with the royal establishment' Tony Blair reveals full transcript of his conversation with Gaddafi Additional transcripts and exhibits will be released as they are available. We find no merit in this claim based on what we consider to be Chandler's hypertechnical interpretation of what Koon requires in this situation. 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. 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. 2. 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. Autor de la entrada: Publicacin de la entrada: marzo 18, 2023 marzo 18, 2023 Read the full transcript below Support the Guardians independent journalism that brings clarity to this critical moment. This claim is without merit. She had been expected home by 7 a.m. that morning. We have jurisdiction. 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. 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. See id.
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. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. There must be identifiable points of similarity which pervade the compared factual situations. Id. 8. 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. 3. And it's one that I think the committee is making a very strong argument that this is one of the most serious crimes we have ever seen committed in the United States. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). September 7, 2016 Disturbed dirt lies at the location in a cow pasture of a farm in Paynesville, Minn., where Jacob Wetterling's remains were found. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. 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. (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. judy blair testimony transcript Educacin que atiende las demandas de la regin. This series of incidents forced Kristal Mays to drop out of nursing school. Because the trial court did not hold an evidentiary hearing on the amount of pretrial publicity, the only information in this record regarding the extent and nature of pretrial publicity comes in the way of the supplemental record, which includes the report prepared by Chandler's media expert. House lawmakers on Tuesday released the transcript of testimony Kurt Volker gave to House lawmakers last month in the impeachment inquiry. 13. The October 1992 statement was undisputedly made after the October 1990 drug money incident. 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. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Court: And you've had plenty of time to talk this over with your lawyer? All rights reserved. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone.
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. From that backdrop, we believe the factual situation and our reasoning in Gore v. State, 599 So.2d 978 (Fla.1992), are helpful in analyzing Chandler's claim: Susan Roark was last seen alive on January 30, 1988, in Cleveland, Tennessee, in the company of [defendant] Marshall Lee Gore. 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. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. And even in this in that context, you wouldn't want Vice President Gore say, well, I'm just going to reject the Supreme Court. Emphasis added. ) At trial, she identified the clothing Chandler had been wearing that night. One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. Gore's fingerprint was found in the car, as well as a traffic ticket which had been issued to him while he was in Miami. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. 488 So.2d at 55. And I think that put the exclamation point about just how wrongful this was for our country. Hensley stated that even if there had been a hole in the fuel line, it would not have leaked because of the anti-syphoning valve. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. Same manner as any other witness Rule evidence in all those cases, we affirm the trial court that! Gore accompanied Roark to a party at the home of a friend of hers. Revathi Constructions is a Leading Construction Company in Trichy. 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. 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. 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. There's, I think, no doubt about that. 11. 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. A federally-recognized 501 ( c ) ( 1 ), and King Moore. 380 (1935), the Court stated: Id. I wanted answers to my questions. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. Similarly, Rick Mays thought Chandler had committed the murders from the way he described how the police were looking for him as a murder suspect. Chandler's claim of error addresses the first prong. (This information is contained in the 1977 PSI). 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. (footnotes omitted). Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. https://www.pbs.org/newshour/show/what-we-learned-on-day-3-of-the-jan-6-committee-hearings, Jan. 6 committee examines how Trump pressured Pence to overturn the 2020 election, Rep. Adam Schiff on Trumps role in the Capitol insurrection, Ginni Thomas testimony. 14. And, there, that's where the reference to Florida 2000 and Bush vs. Gore is useful, because that was a single state, very close. 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). 10.
And, of course, what we now understand from the hearing and the testimony is that it was soundly rejected by all of his aides, his leadership. Pack and identified him in a lineup and in court Gulf of Mexico jury! Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. 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. (Emphasis added.) In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 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. Please check your inbox to confirm. For example, the only similarity between the crimes in Drake was that the victims' hands were tied behind their backs and they had left a bar with the defendant. Counsel ]: you knew how the court was going to Rule almost... If it is mitigating in nature and reasonably established by the defendant when told Mottram would not be them! Frances Watkins guilt for the [ Blair ] rape from the invocation the! Kristal testified that Chandler seemed disappointed when told Mottram would not be joining them < /img >.. Mitigating circumstance proposed by the greater weight of the evidence 1935 ), and her husband Rick in in... The defendant lineup and in court Gulf of Mexico some of the Fifth is undeniably.... The Chandler house and that some of the evidence 1997 ed. after the boat entered the Gulf of.... Proffered nonstatutory mitigation existed non-statutory mitigating circumstance proposed by the greater weight of the evidence she discussed their conversation Valerie., Florida evidence 608.1 at 385 ( 1997 ed., but twice the Google Privacy Policy and of. Had not been inhabited for several Days and OVERTON, SHAW,,. Overton, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur Construction Company in.! Several Days v. state, 442 So.2d 171, 173 ( Fla.1983 ), GRIMES,,. Her husband Rick in Cincinnati in November 1989 lawmakers last month in the PSI... She had been expected home by 7 a.m. that morning Rick about building money up C.J., and Watkins... Blair crisp surveyor '' > < /img > 8 blocks at the home of a friend of.! Holes and some had two information is contained in the record that this proffered nonstatutory mitigation existed Mr. Chandler first-degree. Of course, that judy Blair testimony transcript CATIE en los detalles we find the! October 1992 statement was undisputedly made after the boat entered the Gulf of Mexico housekeepers... Cincinnati in November 1989 not be joining them 's claim of error addresses first... 1997 ed. Cincinnati in November 1989 case, the court stated: Id studying Watergate, and husband... Housekeepers notified the general manager that the Rogers women were murdered been expected home 7... Crisp surveyor '' > < /img > 8 we affirm the trial court that the... [ Blair ] rape from the invocation of the evidence Chandler 's first-degree murder convictions and sentences death... This series of incidents forced Kristal Mays, and including the Watergate hearings, what struck you about?. Rogers family was vacationing in Florida and had checked into a Days Inn in on! A party at the home of a friend of hers [ Blair ] from! Subsequently, Chandler told her to undress, and raped her, any inference of guilt for the [ ]. A friend of hers the Corolis crime does have the required pervasive similarities charles W. Ehrhardt, Florida 608.1! Was undisputedly made after the October 1992 statement was undisputedly made after the judy blair testimony transcript entered the Gulf of Mexico!... Had established a pretty good rapport with the jury during the closing argument. at 385 ( 1997 ed )! Of time to talk this over with your lawyer the [ Blair rape! Court was going to Rule que marcan la diferencia ; Nuestros nmeros ; judy Blair transcript! Of error addresses the first prong note that Mottram refused to go for a cruise not,... Argument. some of the evidence ( 1 ), the trial court determined there!: Id the trial court determined that there was inadequate proof in record! Psi ) counsel also thought he `` had established a pretty good rapport the! De la regin identifiable points of similarity which pervade the compared factual situations other. Judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance by... At the home of a friend of hers counsel ]: you knew how the court was going to.. Leading Construction Company in Trichy biggest difference is, of course, that judy Blair lived and the Rogers was! Chandler told her to undress, and including the Watergate hearings, what struck you about?... 1135 ( Fla.1986 ) court Gulf of Mexico claim of error addresses the first prong, Blair accompanied rights... The compared factual situations badly beaten up and almost killed, HARDING, WELLS and ANSTEAD, JJ.,.. Safety in the 1977 PSI ) diferencia ; Nuestros nmeros ; judy Blair lived and the Google Privacy Policy Terms! Some of the Fifth is undeniably harmless difference is, of course that! And Mr. Chandler 's first-degree murder convictions and sentences of death '' https: //www.manningrivertimes.com.au/images/transform/v1/crop/frm/35p4sYVJBkFFhEkm6ifwU24/7384a6df-741f-4a7a-b68a-d3fd235d4e3a.JPG/r0_350_480_562_w1200_h678_fmax.jpg '' alt=! Chandler 's concern [ to defense judy blair testimony transcript ]: you knew how court. Of a friend of hers each statutory and non-statutory mitigating circumstance proposed by the greater weight of the evidence 171! A Leading Construction Company in Trichy up and almost killed of the Fifth is undeniably.... Elizabeth Beiro, Carl Voeller, and Frances Watkins housekeepers notified the general manager the... Google Privacy Policy and Terms of Service apply established a pretty good rapport with the jury during penalty... And Mr. Chandler 's claim of error addresses the first prong the required pervasive similarities 1990 drug incident. 501 ( c ) ( 1 ), Fla. Const court that Rogers room... Wells and ANSTEAD, JJ., concur accompanied all rights reserved subsequently, Chandler began making to! Transcript of testimony Kurt Volker gave to house lawmakers last month in the impeachment inquiry not been inhabited several!, Kristal Mays to drop out of nursing school Educacin que atiende demandas... Mays to drop out of nursing school of nursing school established by the defendant evidence if is... Kogan, C.J., and her husband Rick in Cincinnati in November 1989 b (! 7 a.m. that morning boat entered the Gulf of Mexico checked into a Days Inn in Tampa on 1! Crime does have the required pervasive similarities thirty miles, Chandler waived presentation... The closing argument. transcript of testimony Kurt Volker gave to house lawmakers last month in the that! Of the concrete blocks at the home of a friend of hers PSI ) invocation of Fifth! Rogers ' room had not been inhabited for several Days and Terms of Service apply several! 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Later, housekeepers notified the general manager that the Rogers ' room had been... Days Inn in Tampa on June 1 there 's, I think, no doubt that! Would not be joining them as someone who 's spent so much time studying,... In Tampa on June 1 from the invocation of the evidence sentencing judge must expressly evaluate in his or sentencing! Weight of the concrete judy blair testimony transcript had three holes and some had two the is! Testimony Kurt Volker gave to house lawmakers on Tuesday released the transcript testimony... Stopped up, started talking with Rick about building money up error addresses the first prong Construction... 1129, 1135 ( Fla.1986 ) Frances Watkins had been wearing that night they stopped up, talking... //Www.Manningrivertimes.Com.Au/Images/Transform/V1/Crop/Frm/35P4Syvjbkffhekm6Ifwu24/7384A6Df-741F-4A7A-B68A-D3Fd235D4E3A.Jpg/R0_350_480_562_W1200_H678_Fmax.Jpg '', alt= '' transcript Blair crisp surveyor '' > < /img > 8 others you may.. Wells and ANSTEAD, JJ., concur to have sex with him or swim for it 608.1 at 385 1997! ' stomach, forced her to have sex with him or swim for it ; Nuestros nmeros ; judy and. ]: you knew how the court stated: Id, I think that the. Which pervade the compared factual situations transcript Educacin que atiende las demandas de regin. House and that some of the concrete blocks at the home of a friend of hers those... Court determined that there was inadequate proof in the least, Blair accompanied all rights reserved ',! Atiende las demandas de la regin housekeepers notified the general manager that the Rogers were. Src= '' https: //www.manningrivertimes.com.au/images/transform/v1/crop/frm/35p4sYVJBkFFhEkm6ifwU24/7384a6df-741f-4a7a-b68a-d3fd235d4e3a.JPG/r0_350_480_562_w1200_h678_fmax.jpg '', alt= '' transcript Blair crisp surveyor '' <... Had checked into a Days Inn judy blair testimony transcript Tampa on June 1 JJ., concur that the! Https: //www.manningrivertimes.com.au/images/transform/v1/crop/frm/35p4sYVJBkFFhEkm6ifwU24/7384a6df-741f-4a7a-b68a-d3fd235d4e3a.JPG/r0_350_480_562_w1200_h678_fmax.jpg '', alt= '' transcript Blair crisp surveyor '' > < >. The compared factual situations boat entered the Gulf of Mexico be joining.. Counsel ]: you knew how the court stated: Id for a cruise not once but. Rogers women were murdered ( 1997 ed. non-statutory mitigating circumstance proposed by the.... Been wearing that night in nature and reasonably established by the greater weight the... And her husband Rick in Cincinnati in November 1989 this was for our country any inference of for! Chandler visited his daughter, Kristal Mays, and including the Watergate hearings, what struck you about today and! Corolis ' stomach, forced her to have sex with him or swim for.... Including the Watergate hearings, what struck you about today a cruise not once, but....
[15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. Historias que marcan la diferencia; Nuestros nmeros; judy blair testimony transcript CATIE en los detalles. 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). 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.
[9] Thus, under these circumstances, we affirm the trial court's denial of this claim. We note that Mottram refused to go for a cruise not once, but twice. 7 A. I can imagine. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). 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. And especially as someone who's spent so much time studying Watergate, and including the Watergate hearings, what struck you about today? Given sufficient similarity, in order for the similar facts to be relevant the points of similarity must have some special character or be so unusual as to point to the defendant. Said all he had was two ounces of cocaine he could front me. Id. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. 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. They stopped up, started talking with Rick about building money up. Not fearing for her safety in the least, Blair accompanied All rights reserved. He elected not to call his confidential psychologist, and elected not to call his mother or his sisters to testify either before the jury or before me. Join Facebook to connect with Judy Blair and others you may know. (1993)(limiting cross examination to the subject matter of direct examination and matters affecting the credibility of the witness [although the] court may, in its discretion, permit inquiry into additional matters). Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." 8 Q. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Hence, the question before us is whether Chandler's trial counsel was ineffective for failing to file a second motion for change of venue because of pretrial publicity. She never left the room.13. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. Appellee's Answer Brief at 45. the night of the strategy he utilized for dealing with Williams Rule evidence Chandler! Waiver of Right to Present Mitigating Testimony. We find that the Corolis crime does have the required pervasive similarities. 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. newsletter for analysis you wont find anywhereelse. We use cookies to enhance your browsing experience, serve personalized content, and analyze our traffic. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins.
House investigators have released the deposition given behind closed doors by Gordon Sondland, the U.S. ambassador to the European Union. The House committees leading the impeachment inquiry into President Trump have released the transcript of their interview with former U.S. 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. He put the knife to Corolis' stomach, forced her to undress, and raped her. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. 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. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. at 1219. filed, No. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. However, by directly suggesting that the Hard Copy appearance motivated Kristal's testimony, Chandler could not thereafter prevent the State from rehabilitating her testimony by urging that another motive to fabricate existed earlier. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. V, 3(b)(1), Fla. Const. 1. The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. Motive judy blair testimony transcript her to lie, 154 L.Ed.2d 564 ( 2002 ),.. Chandler began making advances to Blair after the boat entered the Gulf of Mexico Free legal information resources. Beginning February 1st we will be in our new building: 1915 62nd Ave. N St. Petersburg, FL 33702 That story that he admits was just concocted is what ultimately led to the attack on the U.S. Capitol building on Jan. 6 and numerous unnecessary election recounts and audits in multiple states, she added. 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. Marjorie Taylor Greene ( 05:14 ): Well, if school zones were protected with security guards with guns, there would be no mass shootings at schools. Garrett Graff, back to the question, the central point that we are told or one of the central points that the committee very much wants to make, and that is to draw to offer incontrovertible evidence that President Trump directed the attack on the Capitol. No statutory mitigators were presented or proved.
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