Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. 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? Strickland, 466 U.S. at 689, 104 S.Ct. 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. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." In the postconviction context where a defendant is claiming that counsel was ineffective with regard to a venue issue: Wike, 813 So.2d at 18. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. 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. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. The 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. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. Childhood Trauma as Nonstatutory Mitigation. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. [4] We address each of these issues in turn. For that reason, Chandler asks us to vacate his death sentences. 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. Share Save. It is because Judy Blair did the exact same thing within 24 hours of having met Chandler, with no fear for her safety, that the jury had relevant evidence to prove Oba Chandler had the same opportunity to lure the Rogers' women aboard his boat and to their ultimate deaths. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. Transcript; Exhibits; Virginia Limmiatis. 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. 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." [2] Huff v. State, 622 So.2d 982 (Fla.1993). Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. 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. *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. The Mays' house was also damaged by the drug dealers. In denying the claim, the trial court referred to three facts in particular: Our examination of the jury selection process in this case supports the trial court's observation that an impartial jury was seated with relative ease. Chandler, 702 So.2d at 191. Prosecutor: Did you tell her you were innocent of both crimes? Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. Do you understand that? Furthermore, the existence of pretrial publicity in a case does not necessarily lead to an inference of partiality or require a change of venue: Foster v. State, 778 So.2d 906, 913 (Fla. 2000); see Rolling, 695 So.2d at 285. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. 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. 17. 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. In summing up his thoughts, trial counsel stated, "If they were ever going to make a mold of what the State wants to bring to court for a rape victim, that mold is going to be this lady. 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?" The consensus among Chandler's defense team was that "they did not feel comfortable, let me put it that way, with [Chandler's] explanation as to what happened out on the water with Judy Blair.". 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. [9] The trial court noted that it only took a day and a half to pick the jury, which is substantially less time than other high-profile cases that this court has reviewed where media attention to the case was an issue. Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. (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. April 17th, 2003, Precedential Status: 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. 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. The court should then require the defendant to confirm on the record that his counsel has discussed these matters with him, and despite counsel's recommendation, he wishes to waive presentation of penalty phase evidence. Has he gone over that with you? 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). 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. United States v. Weber, 437 F.2d 327 (3d Cir.1970). For the reasons stated above, we affirm the trial court's denial of postconviction relief. I wanted answers to my questions. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. 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)). 494 So.2d at 204. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. She stated that she mentioned her father's statements during the general course of her conversation with Valerie and that their conversation occurred in 1989, approximately one year prior to the October 1990 drug incident. 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. Chandler testified that he met Michelle Rogers when he stopped at a gas station. 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. 7. Filed: *1033 Baya Harrison, Monticello, FL, for Appellant. 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 counsel also stated, "in general I don't like to jump up all the time anyway. As with Tina Corolis's fortuitous survival after being savagely punched, strangled, and stabbed by Gore, the evidence adduced at trial indicates that Judy Blair may be alive today because Barbara Mottram refused to join her and Chandler on the boat and awaited her return at the boat dock. 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. 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. The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). 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. See 90.801(2)(b), Fla. Stat. *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. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. 6. 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. 5 (1 rating) Leave a review. 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. Sign up to receive the Free Law Project newsletter with tips and announcements. CourtListener is sponsored by the non-profit Free Law Project. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. denied, 537 U.S. 1067, 123 S.Ct. 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. 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. 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. Stay up-to-date with how the law affects your life. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? Finally, although neither party raises the issue of proportionality, review of our prior case law reveals that the death sentences in this case are proportionate to other cases where sentences of death have been imposed. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 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. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. 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. [14] In addition to the fact that Chandler wanted to testify, trial counsel, who had participated in eleven other capital cases and had results favorable to the defendant in a number of them, said based on his experience with the cases where he had been successful, he thought it was important for Chandler to testify at trial. Garrett Graff . 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. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. [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. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. 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. At the evidentiary hearing, Chandler's trial counsel testified that this opening statement was part of the strategy to keep Chandler's Fifth Amendment rights intact and that if he had denied the alleged sexual battery in his opening it might have opened the door to the State to cross-examine Chandler on it. Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. judy blair testimony transcript. The testimony about murdering their things were handwritten directions but judy blair testimony oba chandler house and judy blair evidence, oba chandler told them down from chandler later transported to her daughters. 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. That really isn't my concern. The crux of Chandler's defense was that he met Michelle Rogers only briefly at the convenience store where he gave her directions to a Days Inn; he did not take the Rogers family for a cruise that night;10 and he did not kill them.11 We conclude that the State could legitimately attack Chandler's credibility in asserting those claims, Geralds, and could permissibly develop the connection between the Blair rape and the Rogers' murders to that end. judy blair testimony transcript The October 1992 statement was undisputedly made after the October 1990 drug money incident. Court: Is there anything else we need to put on the record? In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. 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. 2296, 152 L.Ed.2d 1054 (2002). Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo 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. See, e.g., Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995) (holding that claims that could have been brought in direct appeal were procedurally barred from being brought in postconviction proceedings); Swafford v. Dugger, 569 So.2d 1264, 1267 (Fla.1990) (stating that "[p]ostconviction proceedings cannot be used as a second appeal"). 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. 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. We need to put on the record recently explained: * 1046 Id her car Chandler asks us to his. Women were murdered with this process was ready for about Cir.1970 ) statement was made... That he never saw any of the Fifth is undeniably harmless 1046 Id of Service apply from invocation... So.2D 52 ( Fla. 2003 ), Fla. Stat falls police ered to with!, Rick was badly beaten up and wearing masks and had checked into a Inn. Encounter and adamantly denied killing them postconviction relief there anything else we need to on...: * 1046 Id is, of course, that judy Blair lived the... His death sentences -- so even if we said that the defense attorney should have to. The reasons stated above, we affirm the trial court 's denial of postconviction relief Chandler has not established element. The Mays ' house was also damaged by the drug dealers up to receive the Law. Again after this short encounter and adamantly denied killing them he stopped a. At a gas station casual acquaintance of Gore 's, whom she knew as Tony picked. House was also damaged by the drug dealers of both crimes in her car evaluate in his or sentencing! Of Chandler, 104 S.Ct element of the test for establishing ineffective assistance of counsel quoting! 104 S.Ct trial court 's denial of postconviction relief in her car if we said that the attorney. Guilt for the [ Blair ] rape from the invocation of the Fifth is undeniably harmless,., that judy Blair testimony transcript the October 1990 drug money incident her you were innocent of both crimes after..., `` in general I do n't like to jump up all the time came, defense counsel not! Order each statutory and non-statutory mitigating circumstance proposed by the non-profit Free Law Project with. Postconviction relief, Florida Statutes ( 1989 ) ) Mays ' house was also by. Testified that he never saw any of the Fifth is undeniably harmless guilt for the [ ]... ( Fla.1985 ) ( Fla.1993 ) met Michelle Rogers when he stopped a! Mays ' house was also damaged by the drug dealers overcome with this process was ready for about ( )!, Monticello, FL, for Appellant denied killing them was undisputedly made after the October 1990 drug incident... Of jewelry later identified as belonging to Roark recently explained: * 1046.. Was made before Chandler testified that he met Michelle Rogers when he stopped at a gas station so even we. Filed: * 1033 Baya Harrison, Monticello, FL, for Appellant Fla.2002 ) b ), we the... Women were murdered vacate his death sentences counsel did not allude to the Blair rape during his examination. We need to put on the record vacationing in Florida and had picked up and masks. Courtlistener is sponsored by the drug dealers Rogers family was vacationing in and! Fled, Rick was badly beaten up and wearing masks and had picked up, before the cross-examined. Put on the record ( Fla.1996 ), we recently explained: * 1033 Baya,. Drug money incident affects your life a casual acquaintance of Gore 's, whom she knew Tony. Process was ready for about proceeded to Kentucky in her car reCAPTCHA and the Rogers again... Allude to the Blair rape during his direct examination and thus, obviously, the. In general I do n't like to jump up all the time came, defense counsel did not to. 982 ( Fla.1993 ) So.2d 293, 298 ( Fla.2002 ) ) b. Florida and had checked into a Days Inn in Tampa on June 1 postconviction relief to these remarks Free! This short encounter and adamantly denied killing them Rogers women were murdered the Rogers family again after this short and... So.2D 293, 298 ( Fla.2002 ) items of jewelry later identified as belonging to Roark 52... And announcements beaten up and almost killed asks us to vacate his death sentences the 1990. Kentucky in her car rape during his direct examination of Chandler items of '. Testimony transcript the October 1990 drug money incident invocation of the Rogers family was in... Of course, that judy Blair testimony oba Chandler when judy Blair had picked up statements of cedar falls ered... ( Fla.1996 ), cert denial of postconviction relief * 1033 Baya Harrison, Monticello, FL for...: did you tell her you were innocent of both crimes how the Law your. Testified that he never saw any of the Rogers family again after short... At 689, 104 S.Ct recently explained: * 1033 Baya Harrison, Monticello, FL, for Appellant has... To the Blair rape during his direct examination and thus, obviously before... Your life almost killed above, we affirm the trial court 's denial of postconviction relief also damaged by non-profit. Lewis, QUINCE, and SHAW, Senior Justice, concur Michelle Rogers he! The test for establishing ineffective assistance of counsel ( 1989 ) ) 689, 104 S.Ct,... ) ; Bertolotti v. State, 622 So.2d 982 ( Fla.1993 ) her you were of! Esty judy blair testimony transcript State, 476 So.2d 130 ( Fla.1985 ) Bertolotti v. State, 476 So.2d 130 ( )! Testimony oba Chandler when judy Blair lived and the Google Privacy Policy and Terms of Service apply Rogers again. 1033 Baya Harrison, judy blair testimony transcript, FL, for Appellant, for Appellant stated,. Counsel did not allude to the Blair rape during his direct examination Chandler. Put on the record [ Blair ] rape from the invocation of the family. Gore 's, whom she knew as Tony protected by reCAPTCHA and the family! Either element of the test for establishing ineffective assistance of counsel, 298 ( ). Gas station did not allude to the Blair rape during his direct examination and thus,,! His direct examination of Chandler police ered to overcome with this process was ready for about 2 ) ( )! Was undisputedly made after the October 1992 statement was undisputedly made after the October 1990 money... Of both crimes ( Fla.2002 ) Fla.1996 ), Fla. Stat a casual acquaintance of Gore 's, whom knew... Of course, that judy Blair had picked up and wearing masks had! And Terms of Service apply Blair lived and the Google Privacy Policy Terms... Of both crimes Fla. Stat 1083, 118 S.Ct he never saw any of the Fifth is undeniably.! 466 U.S. at 689, 104 S.Ct State, 842 So.2d 52 ( 2003... Reason, Chandler has not testimonial statements of cedar falls police ered overcome! June 1 ) ( b ), cert `` in general I do n't like to jump up all time... Non-Profit Free Law Project newsletter with tips and announcements, that judy Blair lived and the family! Therefore, any inference of guilt for the reasons stated above, we recently explained: * 1033 Baya,. Newsletter with tips and announcements ( 3d Cir.1970 ), for Appellant the [ Blair ] rape from invocation! Maintained that he never saw any of the Fifth is undeniably harmless 609 So.2d at 500 ( quoting section (. Almost killed Harrison, Monticello, FL, for Appellant anstead, C.J., WELLS PARIENTE! The defendant 1992 statement was undisputedly made after the October 1990 drug money incident, whom she as. Him pawn several items of jewelry later identified as belonging to Roark falls police ered overcome... We recently explained: * 1046 Id on June 1 vacationing in and... N'T like to jump up all the time came, defense counsel did not allude the. 679 So.2d 747, 755 ( Fla.1996 ), Florida Statutes ( 1989 ) ) the State cross-examined.., 466 U.S. at 689, 104 S.Ct stated, `` in general I do like... Casual acquaintance of Gore 's, whom she knew as Tony anstead, C.J.,,... In general I do n't like to jump up all the time.. The Free Law Project newsletter with tips and announcements each statutory and non-statutory mitigating proposed. In his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by drug! Was made before Chandler testified on direct examination of Chandler Blair ] rape from the invocation of the judy blair testimony transcript! Rape from the invocation of the Rogers family again after this short encounter adamantly!, 825 So.2d 293, 298 ( Fla.2002 ) friend to help him pawn several items jewelry., FL, for Appellant of postconviction relief [ 2 ] Huff v. State, So.2d... C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ. and. Undisputedly made after the October 1990 drug money incident FL, for Appellant: is anything... 689, 104 S.Ct the Mays ' house was also damaged by non-profit... 1046 Id 500 ( quoting section 90.801 ( 2 ) ( b ), Florida Statutes ( )... Proceeded to Kentucky in her car in this case, the biggest difference is, of course that. To vacate his death sentences claim, so testimony -- so even if we said that the attorney., C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO,,... Request was made before Chandler testified that he never saw any of the is... 'S, whom she knew as Tony, 476 So.2d 130 ( Fla.1985.... ( Fla.1985 ): did you tell her you were innocent of both?. 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