Sometime between 11:30 and 12:00, Roark left to drive Gore home. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. 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. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. The Defendant was only ten years old when his father committed suicide. Do you understand that? 130, 139 L.Ed.2d 80 (1997); Marshall v. State, 604 So.2d 799 (Fla.1992) (affirming death sentence where four strong aggravators, including HAC, prior violent felony convictions, and murder during commission of burglary outweighed minor mitigation). 674 So.2d at 99-100. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. 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. Transcript; Exhibits; Video Testimony; Ana Liss. To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Date. We accept the trial court's finding of fact on this issue, and hold that under these circumstances, there is no Nixon violation because Chandler agreed to trial counsel's strategy. Drake, 400 So.2d at 1219 (emphasis added). We also find any potential error harmless. He is going to testify. The cumulative effect of the numerous similarities between the two crimes is the establishment of a unique modus operandi which points to Gore as the perpetrator of the Roark homicide. Video Testimony; Kaitlin. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). Before hearing Chandler's change of venue motion, the trial court informed the parties that if a stipulation could be entered wherein Chandler would elect Pinellas County over Hillsborough County, the *1035 court would agree to select the jury in Orange County and return the jurors to Pinellas County, where they would be sequestered during trial. "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). Is that correct? Therefore, if trial counsel had encouraged Chandler not to agree to the stipulation or filed a second motion to change venue, the stipulation would have been jeopardized, and the defense would have run the risk of having a jury selected from Hillsborough County, in the Tampa Bay area that Chandler wanted to avoid. It's ridiculous.. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. Chandler was the man she saw. See id. (1993). (Emphasis added.) A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. 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. monkey in the middle math; arp church bulletin. Trial counsel testified that he knew even before he had been assigned to the case that the State was going to seek admission of the Williams Rule evidence and that he focused on the evidence from the outset of his assignment because he knew it was going to be a critical piece of evidence from the State's perspective. Since such statements are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception to the rule excluding hearsay. Rodriguez, 609 So.2d at 500 (citing Charles W. Ehrhardt, Florida Evidence, 801.8 (1992 ed.)). While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. 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. This is the process required by Campbell and Ferrell. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). at 189. No statutory mitigators were presented or proved. 1. [19] Cf. 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. 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. Id. The Jan. 6 committee heard a third day of testimony Thursday as it sought to link former President Trump to the Capitol attack and his efforts to overturn the 2020 election results. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. (This information is contained in the 1977 PSI). 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) The Blair incident was relevant and necessary to answer that question. 494 So.2d at 204. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. 17. When asked why, Chandler told Cooper that he had a date with three women. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. Make an Appointment. 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. *1033 Baya Harrison, Monticello, FL, for Appellant. 230, 136 L.Ed.2d 161 (1996). Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. 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. denied, 535 U.S. 1098, 122 S.Ct. [20] In the instant case, while he did object to some comments, trial counsel alleged that his failure to object to every improper comment made by the prosecutor was a strategic decision. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. denied, 522 U.S. 846, 118 S.Ct. 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). Toggle navigation. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). 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. 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). We affirm the trial court's denial of relief on this claim. After boating for several hours, Blair and Chandler returned to the dock. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. Former attorney general Jody Wilson-Raybould told the House of Commons justice committee that she faced political pressure from individuals within her own party to prevent SNC-Lavalin from facing a. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. The next day, Blair told Mottram what happened and reported the rape to the police. 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. If Mr. Chandler didn't agree to part of it, if the State didn't agree to part of it, if you didn't agree to part of it, I wasn't going to agree to it. 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. denied, 520 U.S. 1122, 117 S.Ct. She was upset and told Rick to call the police and report that Chandler put a gun on him.. This claim is without merit. This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. 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. 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. Id. 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"). [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. I needed some cash. Additionally, postconviction counsel abandoned claim six regarding the fuel line expert, after announcing that he had investigated the claim very carefully and could find no good faith basis for the claim. 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). 2d 1031, Docket Number: [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 did concede Chandler's guilt in the Blair case. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 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. 158, 100 L.Ed. Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. As his last penalty phase issue, Chandler argues that the standard jury instruction on the heinous, atrocious, or cruel (HAC) aggravating circumstance is unconstitutionally vague. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. 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. At that point, the trial judge commented as follows: Court: Okay. Id. T Select Page. She had been expected home by 7 a.m. that morning. V, 3(b)(1), Fla. Const. 4. [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. 2348, 147 L.Ed.2d 435 (2000). DiGuilio, 491 So.2d at 1135. 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. 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. [12] Chandler had not been tried or convicted for the alleged sexual battery. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. Exception to the subsequent selection of a criminal defendant who takes the stand and testifies be. Charles W. Ehrhardt, Florida Statutes ( 1993 ), Florida evidence, 801.8 1992... 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