The general manager contacted the police, who secured the room and obtained the hotel's records for the room. (1993). If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. Therefore, even if these statements were poorly expressed, they were not improper. 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). (This information is contained in the 1977 PSI). Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. 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. [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. Since the defendant opened the door on that subject, we concluded that the trial court did not abuse its discretion in allowing questions about evidence linking the defendant to the crime. 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. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. We agree. 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. rely on donations for our financial security. The testimony of Tina Corolis was admitted as evidence of a collateral crime. See id. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. 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). See also Ventura v. State, 794 So.2d 553, 568 (Fla.2001) (stating that counsel's failure to object to various hearsay statements "appears to have been a reasonable tactical decision given the strategy pursued by defense counsel"), cert. at 193-94. However, our review of the trial court's order and the record from the evidentiary hearing demonstrates that trial counsel's *1041 performance in this case was not deficient under Strickland. Stay up-to-date with how the law affects your life. at 371. 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. 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. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. After boating for several hours, Blair and Chandler returned to the dock. at 1219. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. See art. 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 all those cases, we found few similarities and many significant dissimilarities. Despite Blair's refusals and attempts to resist him, Chandler raped her. We note that Mottram refused to go for a cruise not once, but twice. 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. 380 (1935), the Court stated: Id. He invited them for a boat ride the next morning. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. 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. 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." 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.". Pursuant to a new law, the trial court had the option of picking a jury from another county and bringing the jurors to Pinellas County for the trial. We recognize that the crimes are not exactly the same. 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. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. The calls were placed to a number registered to Debra Chandler, Chandler's wife. Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. We agree that the decision not to object to improper comments is fraught with danger and may not be wise strategy because it might cause an otherwise appealable issue to be considered procedurally barred. Therefore, this was a legitimate subject of inquiry for the State in cross-examining Chandler as it attempted to cast doubt on his defense and undermine his credibility as a witness. 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. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. 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). 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. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. Chandler told them that he knew the area and that . Squatters A Of Crossword Conquest Mongodb 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. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. April 17th, 2003, Precedential Status: This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. 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. 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. That was it. Chandler's claim of error addresses the first prong. 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]. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. [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. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. Beyond the trial court's procedural compliance with the guidelines for evaluating mitigating circumstances, we have recognized that it is within the trial court's discretion to determine whether such mitigation has been established. 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. When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. Judy Mogul. [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. Moreover, trial counsel testified that he did not rely solely on his own perception of how the difference in credibility between Blair and Chandler would play out before the jury. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. She had been expected home by 7 a.m. that morning. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . There must be identifiable points of similarity which pervade the compared factual situations. Id. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. 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. 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. 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. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. judy blair testimony transcript. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. A witness ' trial testimony, who secured the room and obtained the hotel 's records for the room,. 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