That really isn't my concern. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. what is virgo spirit animal. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. The email address cannot be subscribed. See 90.801(2)(b), Fla. Stat. Having made this choice, he must suffer its natural consequences. Id. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. For example, Chandler claims that the prosecutor improperly commented on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery of Judy Blair by stating: "Think about all the things he wouldn't talk about and didn't say. More recently, in Hayes v. State, 660 So.2d 257 (Fla.1995), we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party to introduce similar fact evidence of other crimes when it is relevant to prove a material fact in issue. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. Her office is not accepting new patients. (Emphasis added.) In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. That was a choice that the defendant made in urging more than one reason to fabricate at trial. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. Id. Florida, Appellee. (Supp.1994). In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. 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. at 371. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. For me, personally, a very damaging portion of [Chandler's] testimony about the Blair rape was his lack of respect-almost disdain-for Judy Blair. 90.612(2), Fla. Stat. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) In rebuttal, James Hensley, a certified boat mechanic, testified that Chandler's fuel line was possibly still the original, was in good shape, and showed no signs of repair. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2348, 147 L.Ed.2d 435 (2000). at 664. 10. 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. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Id. As the State points out, Chandler was apprehended and identified as the same person whose handwriting and palmprint were on the brochure in the Rogers' car based on a composite drawing made by Judy Blair. 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. Despite Blair's refusals and attempts to resist him, Chandler raped her. Do you understand that? The robbery victims also testified about the details of those crimes. 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. 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. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. 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. This requires an independent review of the trial court's legal conclusions, while giving deference to the trial court's factual findings. Chandler's claim of error addresses the first prong. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. 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. 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. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." Rolling v. State, 825 So.2d 293, 298 (Fla.2002). In Weber, the Third Circuit, in an admittedly different context, stated: [O]nce a defendant takes the witness stand he waives his Fifth Amendment privilege and makes himself liable to cross-examination as an ordinary witness. Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. 4. 2052. 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. I wanted answers to my questions. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) At the outset, we agree with the State that much of Chandler's claim that cross-examination impermissibly exceeded the scope of direct examination is procedurally barred since no contemporaneous objection was made. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. [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." [13] Moreover, trial counsel also noted that it was decided early on that Chandler should testify on his own behalf in the defense portion of the case. Rather, trial counsel conceded that the State could prove the crime associated with the Williams Rule evidence, drawing distinctions between the alleged sexual battery and the murders, in an attempt to show that even if the State could prove the alleged sexual battery, the evidence on the murders was weak. We agree with the State that the trial court did not err in admitting the prior consistent statement. Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. 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. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. SC01-1468, Judges: Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. The next day, Blair told Mottram what happened and reported the rape to the police. Court: And you've had plenty of time to talk this over with your lawyer? A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. I said, that's fine. Mays had testified to these issues during the State's case-in-chief. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). At the evidentiary hearing, trial counsel gave a well-founded explanation for why he thought his strategy for dealing with the Williams Rule evidence was appropriate. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. 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. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. 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. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. Strickland, 466 U.S. at 694, 104 S.Ct. We agree. 5 (1 rating) Leave a review. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. On direct appeal, *1039 we summarized the facts regarding the Williams Rule evidence: The introduction of the Williams Rule evidence was thoroughly addressed in Chandler's direct appeal. Only Judy accepted his offer. In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. 17. 6. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. Charles J. Crist, Jr., Attorney General, and Candance M. Sabella, Senior Assistant Attorney General, Tampa, FL, for Appellee. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. A mere general similarity will not render the similar facts legally relevant to show identity. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo [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. Rick Mays set up a drug deal that this proffered nonstatutory mitigation existed, Chandler had Mays... 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