Trial counsel also stated, "in general I don't like to jump up all the time anyway. He also testified that he never told Rollins Cooper that he had a date with three women. The caller did not give a first name, although he identified his boat as Gypsy One. 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"). Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. We have more than 10 years of experience in the civil works industry and we are experts in new house construction, tiles works, earth moving works, architecture works, and compound wall works V, 3(b)(1), Fla. Const. The Mays' house was also damaged by the drug dealers. Law Project, a federally-recognized 501(c)(3) non-profit. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. This claim is without merit. Most of the prospective jurors who were questioned indicated that they had not heard about the case. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. Id. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. at 100. Art. See Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)(stating that when allegedly improper prosecutorial comments are not preserved for appellate review, the whole claim is procedurally barred in absence of fundamental error). I wanted answers to my questions. 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. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). We recognize that the crimes are not exactly the same. 17. [16] Chandler organizes the numerous allegedly improper comments into four broad categories: (1) improper comments on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery; (2) improper attacks on defense counsel and his theory of the case; (3) improper statements of the prosecutor's personal opinions and beliefs; and (4) improper personal attacks on Chandler. Having made this choice, he must suffer its natural consequences. 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. 14. Blair had been with her friend . Finally, in summing up his opening argument, trial counsel stated, "And ladies and gentlemen, in conclusion, the State is going to be able to prove, at least for their caseokay?the State will probably be able to prove to you the Madeira Beach rape. [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. 848 So. 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. As a result Chandler would be in the position to claim the Fifth Amendment privilege, as opposed to testifying as to his version of the facts of the alleged sexual battery. Accordingly, the trial judge concluded that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes. Since the two crimes establish a sufficiently unique pattern of criminal activity when all of the common points are considered together, Gore, 599 So.2d at 984, and the evidence presented Chandler's unique modus operandi, id., we find no abuse of discretion in the trial court's admission of the Williams rule evidence. 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. (Emphasis added.) It's ridiculous.. 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. 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. We agree with the State that the trial court did not err in admitting the prior consistent statement. 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. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. 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. Squatters A Of Crossword Conquest Mongodb judy blair testimony transcript 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. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. In the statements cited, the prosecutor used words and phrases such as "desperation, distortion, and half-truths," "charade," and "totally irrational" to characterize defense counsel's arguments as misleading. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The jury reconvened for the penalty phase the next day. We find that Chandler is likewise not entitled to relief. at 1219. 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. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. [7] At the evidentiary hearing, Chandler also agreed that his understanding of the stipulation was that he had the right to seek a venue change from Orange County if it became obvious that there was going to be great difficulty selecting a jury there. However, he did present some documentary evidence, including records showing that he obtained his high school equivalency diploma and earned college credits while in prison. Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. 400 So.2d at 1219. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. 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. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. 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. He also responded that he had discussed those favorable things with Chandler. We affirmed Chandler's convictions and sentences on direct appeal. Joan's hands were tied behind her back, her ankles were tied together, and the yellow rope around her neck was attached to a concrete block. 1. Mays had testified to these issues during the State's case-in-chief. Miss Holliday: Judy Holliday, 158 Waverly Place . 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. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. 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. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. 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. 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." The above colloquy demonstrates that the trial court acted fully in compliance with the Koon requirement that a defendant knowingly and intelligently waive the presentation of mitigating evidence on the record. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. 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). As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. judy blair testimony transcript. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." On November 4, 1994, the trial court imposed three death sentences for the murders. The test of inadmissibility is a lack of relevancy. That really isn't my concern. [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series *1033 Baya Harrison, Monticello, FL, for Appellant. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. 7. 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