The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.

 

CHANDLER, Jim Eric (W/M)

DC #    078361

DOB:   08/21/54

 

Nineteenth Judicial Circuit, Indian River County, Case #80-233

Judge, Trial: The Honorable Royce R. Lewis

Judge, Resentencing: The Honorable William G. Tye

Attorney, Trial: Paul Kanarek, Esq.

Attorney, Direct Appeal: Richard Saliba, Esq.

Attorney, Resentencing: Robert G. Udell, Esq.

Attorneys, Direct Appeal (RS): Jeffrey H. Garland Esq. & Michael J. Kessler, Esq.

Attorneys, Collateral Appeals: Martin McClain – CCRC-S

 

Date of Offense:           07/22/80

Date of Sentence:         05/19/81

Date of Resentence:      09/18/86

 

Circumstances of Offense:

 

The victims, Harold and Rachel Steinberger, were found lying face down in a wooded area behind their residence.  Each had also been stabbed numerous times in the back. 

 

Chandler reported to the authorities that he found the bodies.  He said he had been in the couple’s neighborhood checking on his ex-girlfriend’s house when Mr. Steinberger invited Chandler into his home and asked him to mow his lawn.  The day after the crime, Chandler called an investigator and asked whether the police were going to arrest him.  The investigator said no, but asked Chandler to accompany him to the victims’ house and point out any missing items.  Chandler agreed.

 

At the house, officers asked Chandler why anyone would go into the woods to be killed.  He replied that the victims were ordered out of the house.  Chandler mentioned that the victims had been stabbed, although the authorities had not yet released that information.  When officers asked whether the victims might have resisted, Chandler speculated that the victims would not resist if the murderer placed a knife to the wife’s throat.  He further stated that the victims probably were killed for the $150,000 they made on the sale of their former home, information he would have known from an examination of the victims’ bank account record.  Finally, Chandler stated that if he were the officers, he would arrest him.

 

Additional information:

 

At the time of the murder Chandler was on parole after serving five years of a 20-year sentence for a 1973 kidnapping conviction in Texas. 

 

Trial Summary:

 

05/18/81          As charged in the indictment, the defendant was convicted as follows: 

 

Count I:            First-Degree Murder – guilty

Count II:           First-Degree Murder – guilty

Count III:         Robbery with a Deadly Weapon – guilty

Count IV:         Robbery with a Deadly Weapon – guilty

Count V:          Trafficking in Stolen Property – guilty

Count VI:         Trafficking in Stolen Property – guilty

Count VII:        Trafficking in Stolen Property – guilty

Count VIII:       Aggravated Assault – guilty

 

05/19/81          Upon advisory sentencing, the jury, by two vote counts of 10 to 2,

recommended a death sentence for each of the murders.

05/19/81          The defendant was sentenced as followed:

Count I:            First-Degree Murder – Death

Count II:           First-Degree Murder – Death

Count III:         Robbery with a Deadly Weapon

– Adjudication Withheld

Count IV:         Robbery with a Deadly Weapon

– Adjudication Withheld

Count V:          Trafficking in Stolen Property – 10 years

Count VI:         Trafficking in Stolen Property – 10 years

Count VII:        Trafficking in Stolen Property – 10 years

Count VIII:       Aggravated Assault – 5 years

 

09/17/86          Upon advisory sentencing, the jury, by two counts of 12 to 0,

recommended a death sentence for each of the murders.

09/18/86          Defendant was sentenced to death for each of the murders.

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #60,790

442 So. 2d 171

 

06/22/81          Appeal filed.

07/28/83          FSC affirmed the convictions, vacated the sentences and remanded.

01/16/84          Rehearing denied.

02/20/84          Mandate issued

 

Florida Supreme Court – Direct Appeal (Resentencing)

FSC #69,708

534 So. 2d 701

 

12/08/86          Appealed filed.

12/08/88          FSC affirmed the sentence.

01/13/89          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #88-6666

490 U.S. 1075

 

02/21/89          Petition filed.

05/15/89          USSC denied petition for writ of certiorari.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #76,039

634 So. 2d 1066

 

05/02/90          Petition filed.

02/24/94          FSC denied petition for writ of habeas corpus.

04/20/94          Rehearing denied.

04/20/94          Mandate issued.

 

State Circuit Court – 3.850 Motion

CC #80-233

 

09/23/90          Motion filed.

07/24/91          Trial court denied 3.850 Motion.

08/09/91          Rehearing denied.

 


Florida Supreme Court – 3.850 Appeal

FSC #78,712

634 So. 2d 1066

 

10/04/91          Appeal filed.

02/24/94          FSC affirmed denial of 3.850 Motion.

04/20/94          Rehearing denied.

04/20/94          Mandate issued.

 

U.S. District Court, Southern District – Petition for Writ of Habeas Corpus

USDC #94-14125

 

06/21/94          Petition filed.

09/30/98          USDC denied petition for writ of habeas corpus.

02/10/99          Rehearing denied.

 

U.S. Court of Appeals, Eleventh Circuit – Habeas Corpus Appeal

USCA #99-4342

240 F. 3d 907

 

03/19/99          Appeal filed.

01/30/01          USCA affirmed the denial of Petition for Writ of Habeas Corpus.

 

Florida Supreme Court – 3.850 Appeal

FSC #2001-2594

845 So. 2d 888

 

11/02/01          Appeal filed.

04/19/02          Appeal dismissed.

05/02/03          Rehearing denied.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC02-1901

858 So. 2d 330

 

08/26/02          Petition filed.

07/07/03          Petition denied.

09/30/03          Rehearing denied.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 03-8170

540 U.S. 1223

 

12/29/03          Petition filed.

03/01/04          Petition denied.

 

Florida Supreme Court – 3.850 Appeal (Re-filed)

FSC #SC01-2594

873 So. 2d 1222

 

06/02/03          Appeal filed.

02/11/04          FSC affirmed the trial court’s order striking the 3.850 Motion.

04/22/04          Rehearing denied.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #SC04-518

916 So.2d 728

 

03/26/04          Petition filed.

10/06/05          FSC denied the petition.

12/09/05          Rehearing denied.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 06-5059

127 S. Ct. 382

 

05/08/06          Petition filed.

10/10/06          USSC denied petition.

 

State Circuit Court – 3.851 Motion

CC #80-233

 

11/07/06          Motion filed.

02/04/08          Amended motion filed.

09/10/08          Motion denied.

 

Florida Supreme Court – 3.851 Appeal

FSC# 08-1951

 

10/16/08          Appeal filed.

 

Warrants:

 

04/30/90          Governor Martinez signed death warrant.

07/10/90          Scheduled execution date.

06/08/90          Florida Supreme Court granted stay of execution.

 

Clemency:

 

06/28/89          Hearing held (denied).

 

Factors Contributing to the Delay in Imposition of the Sentence:

 

There are two sources of delay in this case:  a state habeas petition that was with the Florida Supreme Court for nearly four years and a federal habeas that was with the U.S. District Court for more than four years.

 

Case Information:

 

Chandler filed a direct appeal with the Florida Supreme Court in 1981.  He argued that the trial court during voir dire had erroneously excluded prospective jurors in violation of guidelines set forth by the U.S. Supreme Court in Witherspoon v. Illinois.  The court agreed and in 1983 affirmed the conviction, but vacated the sentence and remanded.

 

The trial court resentenced Chandler to death in 1986.  On direct appeal, the Florida Supreme Court affirmed the sentence in 1988.  The U.S. Supreme Court denied certiorari in 1989.

 

Governor Martinez signed a death warrant on Chandler in April 1990.  The defendant responded by petitioning the Florida Supreme Court for a writ of habeas corpus the following month.  The court stayed the execution in June 1990. 

 

Chandler also filed a 3.850 motion in the trial court, which was denied in 1991.  He appealed the ruling to the Florida Supreme Court.  In a consolidated 1994 opinion, the court denied the habeas petition and affirmed the trial court’s denial of the 3.850 Motion.

 

Chandler next petitioned U.S. District Court, Southern District, for a writ of habeas corpus in 1994.  The court denied the request in 1998.  The 11th Circuit U.S. Court of Appeals affirmed the lower court’s ruling in 2001.

 

Chandler filed a Collateral Motion in the State Circuit Court, which the Court treated as a 3.850 Motion, on 05/07/01.  The Circuit Court dismissed the motion on 07/11/01. 

 

Chandler filed a 3.850 Appeal in the Florida Supreme Court on 11/02/01.  That appeal was dismissed on 04/19/02.  Chandler re-filed the appeal on 06/02/03 and the Florida Supreme Court affirmed the trial court’s order striking the motion on 02/11/04.

 

Chandler filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 08/26/02, which was denied on 07/07/03. 

 

Chandler filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court, which was denied on 10/06/05.

 

Chandler filed a Petition for Writ of Certiorari in the U.S. Supreme Court on 05/08/06 that was denied on 10/10/06. 

 

Chandler filed a 3.851 Motion in the Circuit Court on 11/07/06 that was denied on 09/10/08.

 

Chandler filed a 3.851 Appeal in the Florida Supreme Court on 10/16/08 that is pending.

 

Chandler died of natural causes on 03/06/10.

 

Institutional Adjustment:

 

 

DATE          DAYS              VIOLATION                     LOCATION      

  

07/06/88          45          POSS OF ESCAPE PARA.              FSP

 

 

________________________________________________________________

 

06/12/01 – tb

06/15/01 – approved – whs

03/09/10 – updated – jfl