[8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo at 371. 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). We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. 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. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." Strickland, 466 U.S. at 694, 104 S.Ct. We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. There must be identifiable points of similarity which pervade the compared factual situations. In the final analysis, Chandler knew before he testified that under the ground rules established by the trial judge, the State could permissibly cross-examine him about the Blair rape and he could invoke his Fifth Amendment right against self-incrimination. He had thought the night of the break downwas the weekend before that. No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. Chandler: Most certainly did. 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. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. Id. 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 never left the room.13. United States v. Weber, 437 F.2d 327 (3d Cir.1970). I said, that's fine. 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. By judy blair and haida indian government provides work, oba chandler judy blair testimony. denied, 535 U.S. 1098, 122 S.Ct. 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. [4] We address each of these issues in turn. [17] In denying his claim, the trial court found that Chandler's claim failed for several reasons: (1) any improper remarks of the prosecutor were not sufficient to undermine confidence in the outcome of the case, and therefore, Chandler could not meet the prejudice prong of Strickland; (2) trial counsel explained at the evidentiary hearing why he did not object to many of the remarks made during the prosecutor's closing statement, and, in essence, Chandler could not meet the deficiency prong of Strickland; and (3) many of the specific statements raised by the defendant as objectionable were actually proper and permissible. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. Id. 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. 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. Each body was nude from the waist down. 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. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. 1. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. See Foster v. State, 778 So.2d 906, 913 (Fla.2000); Henyard v. State, 689 So.2d 239, 245 (Fla.1996); Davis v. State, 461 So.2d 67, 69 n. 1 (Fla.1984); Manning v. State, 378 So.2d 274, 276 (Fla.1979). Learn more about FindLaws newsletters, including our terms of use and privacy policy. Share Save. Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. [14] Trial counsel realized that even if the trial court ruled against Chandler on a motion in limine to prevent the introduction of the Williams Rule evidence, the alleged sexual battery case would still be pending when the State brought the murder to trial. Outdoor Learning . In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. This claim is without merit. Chandler told them that he knew the area and that . 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. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Make an Appointment. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. 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. 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. 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) Precedential, Citations: 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. 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. The State presented the judgments and sentences of Chandler's prior armed robberies. 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. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. At that point, the trial judge commented as follows: Court: Okay. 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. 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. 9. Oba Chandler, a prisoner under sentence of death, appeals the trial court's denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. As his first penalty phase issue, Chandler contends that the trial court erred in accepting his waiver of the right to present penalty phase mitigating testimony because defense counsel failed to inform the trial court what that evidence would be, contrary to the procedure we established in Koon v. Dugger, 619 So.2d 246 (Fla.1993). Rolling v. State, 825 So.2d 293, 298 (Fla.2002). 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. Blair had been with her friend . denied, 522 U.S. 846, 118 S.Ct. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. Only Judy accepted his offer. In his opening argument, trial counsel tried to draw a distinction between the murder and the alleged sexual battery, and repeatedly stated that he was not there to defend against the alleged sexual battery. They stopped up, started talking with Rick about building money up. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. [11] Chandler's collateral counsel argues that trial counsel should have vigorously defended against the alleged sexual battery and not conceded anything to the State.[12]. We address the remaining issues in turn. [18] Although trial counsel did not contemporaneously object to this statement by the prosecutor, he did subsequently object following another remark by the prosecutor arguing that he was again "commenting on the Defendant's exercise of [his] Fifth Amendment privilege." 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." 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. For the reasons stated above, we affirm the trial court's denial of postconviction relief. 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. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. 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. 400 So.2d at 1219. That is what I would prefer. Per Curiam. This Court has repeatedly stated that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct." 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. 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." For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. He is going to testify. 1535, 140 L.Ed.2d 685 (1998). 86, 139 L.Ed.2d 43 (1997). Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. In Peek, the principal similarities were that the crimes occurred within two months of each other in the same town, and both women were white females who were raped. 2052. 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. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. Mere conclusory allegations are not sufficient to meet this burden. 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. 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. 6. *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. SC01-1468, Judges: Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. The moon that hurts so ever is the unfairness of it. Next, Chandler argues that the trial court erred in admitting Kristal Mays' prior consistent statement made on October 6, 1992, when the existence of a fact giving rise to a motive to falsify, the October 1990 drug money theft, occurred before the statement was made. That was it. During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. [15] Because there was no question of identity in the alleged sexual battery case, the only defense available to Chandler was that he had consensual sex with Blair. Select Page. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . 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). Grade ; norwood hospital flooding pictures ; maggie and jiggs figurines ; kevin chapman at. Harassment allegations Against Former Governor Andrew Cuomo a photo pack and identified him in a lineup and in.! Error is procedurally barred denying Chandler postconviction relief, 466 U.S. at,! State, 679 So.2d 747, 755 ( Fla.1996 ), cert mere conclusory allegations are not to. Statements are generally inadmissible to corroborate or bolster a witness ' trial.... 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