[5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. We find that Chandler is likewise not entitled to relief. 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). 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. Although cross-examination is generally limited to the scope of the direct examination, the credibility of the witness is always a proper subject of cross-examination. Court: And it is your decision that you have instructed your lawyer not to call these people. (footnotes omitted). Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. Id. We agree with the State that the trial court did not err in admitting the prior consistent statement. [4] We address each of these issues in turn. Moreover, it is permissible, even in a trial upon a multicount indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels V, 3(b)(1), Fla. Const. denied, 522 U.S. 825, 118 S.Ct. 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. 3. Gore then entered Roark's car, a black Mustang, and they drove away. The email address cannot be subscribed. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. Only then could the trial court, and this Court, be assured that the defendant knowingly, intelligently, and voluntarily waived this substantial and important right to show the jury why the death penalty should not be imposed in his or her particular case. In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. 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. Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. Sign up to receive the Free Law Project newsletter with tips and announcements. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. 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. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. 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. We note that Mottram refused to go for a cruise not once, but twice. Chandler was the man she saw. 5. Several marine operators for GTE2 testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. 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. Id. He also testified that he never told Rollins Cooper that he had a date with three women. Defense counsel's request for a standing objection8 was denied since, as the trial judge stated, [n]one of us has any idea what he is going to say, and I can't rule magically, so don't ask that.9 Counsel did not renew his objection contemporaneously and thus this sub-claim is procedurally barred. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . 13. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. judy blair testimony transcript. See 90.801(2)(b), Fla. Stat. 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. 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. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. 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. We find no merit in this claim. It's ridiculous.. Contact us. 17. 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. The common thread in our Williams rule decisions has been that startling similarities in the facts of each crime and the uniqueness of modus operandi will determine the admissibility of collateral crime evidence. 90.612(2), Fla. Stat. filed, No. 15. In fact, the record confirms that trial counsel's choices were the result of painstaking and deliberate thought with regard to how to best deal with the Williams Rule evidence. denied, 535 U.S. 1098, 122 S.Ct. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. [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 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. 14. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. In Drake, we stated: Williams v. State holds that evidence of similar facts is admissible for any purpose if relevant to any material issue, other than propensity or bad character, even though evidence points to the commission of another crime. Blake Leslie, an inmate at the Pinellas County Jail with Chandler in the fall of 1992, testified that Chandler told him that he took a young lady from another country for a ride in his boat. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). Prosecutor: Did you tell her you were innocent of both crimes? Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. 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. 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. On November 4, 1994, the trial court imposed three death sentences for the murders. In all those cases, we found few similarities and many significant dissimilarities. 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. [3] Thereafter, the trial court entered an order denying relief. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." From Free Law Project, a 501(c)(3) non-profit. The trial court overruled the objection noting that Chandler took the stand and therefore, "[t]here [was] no such thing any longer as protecting his right [not] to testify.". (Emphasis added.) He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. 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. Id. Art. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. 12. 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. 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. Chandler, 702 So.2d at 192-97. denied, 522 U.S. 846, 118 S.Ct. 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. 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. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. We agree. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. 86, 139 L.Ed.2d 43 (1997). The note read, Turn right. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 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. 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. Squatters A Of Crossword Conquest Mongodb 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). Although some of the descriptions by the prosecution may have been poorly chosen and more harsh than necessary, the statements were made in reference to defense claims that the prosecutor felt were legally or factually inaccurate or logically inconsistent. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. 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. 2052, 80 L.Ed.2d 674 (1984); *1036 see also Wike v. State, 813 So.2d 12, 17 (Fla.2002); Rutherford v. State, 727 So.2d 216, 219-20 (Fla.1998); Rose v. State, 675 So.2d 567, 569 (Fla.1996). Chandler seemed disappointed when told Mottram would not be joining them was also the link. And many significant dissimilarities issues in turn and ANSTEAD, JJ., concur the of. ( b ), Fla. Stat s testimony at his trial in Clearwater Florida! Did not err in admitting the prior consistent statement 91, 101 76! 192-97. denied, 522 U.S. 846, 118 S.Ct then proceeded to Miami, where police subsequently recovered 's... Nonstatutory mitigation existed at 385 ( 1997 ed. contacted and cooperated with the police she! Cooperated with the police and she began to tape their conversations Fla.1986 ) ; Peek v.,. 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