From Free Law Project, a 501(c)(3) non-profit. 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. 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). With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. 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 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. The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. The improper admission of prior consistent statements is also subject to harmless error analysis. 2052. The caller did not give a first name, although he identified his boat as Gypsy One. Occhicone, 768 So.2d at 1048; see Shere v. State, 742 So.2d 215, 220 (Fla.1999); State v. Bolender, 503 So.2d 1247, 1250 (Fla. 1987). Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." 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. 9. As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. The October 1992 statement was undisputedly made after the October 1990 drug money incident. Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. (Emphasis added.) The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. Miss Holliday: Judy Holliday, 158 Waverly Place . Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. That was a choice that the defendant made in urging more than one reason to fabricate at trial. Id. Obviously, our primary reason for requiring this procedure was to ensure that a defendant understood the importance of presenting mitigating testimony, discussed these issues with counsel, and confirmed in open court that he or she wished to waive presentation of mitigating evidence. Chandler told Stephenson that one of the girls was very attractive. 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. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. at 659-60. From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. 19. He also testified that he never told Rollins Cooper that he had a date with three women. The robbery victims also testified about the details of those crimes. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. Said all he had was two ounces of cocaine he could front me. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 5 (1 rating) Leave a review. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. I'm sure you talked to your client after that. Again, Blair could not convince Mottram to join them. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. 13. 2296, 152 L.Ed.2d 1054 (2002). With regard to when a change of venue is necessary to protect a defendant's rights, we have provided the following test: Rolling, 695 So.2d at 284-285 (citations omitted) (quoting McCaskill v. State, 344 So.2d 1276, 1278 (Fla.1977)). Miss Holliday: Yes; I do. 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.". For example, the most significant difference between the two crimes-that Roark was murdered while Corolis was not-seems to be more of a fortuitous circumstance than a reflection of Gore's intent in the Corolis crime, since he beat her, stabbed her, and left her for dead in an isolated area. Outdoor Learning . 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. Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. Law Project, a federally-recognized 501(c)(3) non-profit. Id. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. [3] At the Huff hearing, Chandler's postconviction counsel conceded that no evidentiary hearing was needed on claims one, five, and seven of his postconviction motion. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. (1993). [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. We recognize that the crimes are not exactly the same. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). The general manager contacted the police, who secured the room and obtained the hotel's records for the room. Has he gone over that with you? For the reasons stated above, we affirm the trial court's denial of postconviction relief. This was a critical question the State had to answer at trial. 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. While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. 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. However, this situation presents a unique twist: Chandler softened the blow by stating to the jury in opening argument, which of course is not considered evidence, that the State would talk at length about the Blair rape but that was a different case from the one before them. See Rolling, 695 So.2d at 285. For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. Date. See Strickland, 466 U.S. at 694, 104 S.Ct. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. On November 4, 1994, the trial court imposed three death sentences for the murders. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. [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. Fingerprints found blair back and judy blair testimony oba chandler. 'M sure you talked to your client after that defendant made in urging than... 910.03 ( 1 ), Chandler 's attorney asked him: did you kill these ladies course. 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