Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. 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. 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. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. 7. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. at 193-94. From Free Law Project, a 501(c)(3) non-profit. 158, 100 L.Ed. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. This Court has never required the collateral crime to be absolutely identical to the crime charged. In James, we rejected the appellant's vagueness and overbreadth challenges since the HAC instruction given at trial was the same instruction approved in Hall v. State, 614 So.2d 473 (Fla.1993), wherein this Court found that neither the instruction nor the aggravator itself was unconstitutionally vague. 657, 154 L.Ed.2d 556 (2002), and denied relief. monkey in the middle math; arp church bulletin. See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. (footnotes omitted). Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. The jury reconvened for the penalty phase the next day. at 381. denied, 535 U.S. 1098, 122 S.Ct. Each body was nude from the waist down. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. 2348, 147 L.Ed.2d 435 (2000). And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? Therefore, even if these statements were poorly expressed, they were not improper. 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. We find no merit in this claim. On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. After meeting the women at a convenience store, Chandler, who identified himself as Dave, arranged to take them out on his boat the next day. Strickland, 466 U.S. at 694, 104 S.Ct. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. She had been expected home by 7 a.m. that morning. 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"). 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. See id. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. 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. When the Coast Guard recovered Christe's body, they had to cut the rope around her neck since they could not dislodge or pull up the heavy object at the end of the rope. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. 6. There must be identifiable points of similarity which pervade the compared factual situations. This is the process required by Campbell and Ferrell. 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. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. 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 mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. 16. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. 1535, 140 L.Ed.2d 685 (1998). 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 find that the Corolis crime does have the required pervasive similarities. 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. 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). Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. The caller did not give a first name, although he identified his boat as Gypsy One. He also testified that he never told Rollins Cooper that he had a date with three women. Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. 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. Chandler: I went to the motel, checked in, give her a call. 97-5975 (U.S. Sept. 10, 1997); Henyard v. State, 689 So.2d 239 (Fla.1996) (finding four aggravators, including HAC, prior violent felony conviction, and murder during commission of kidnapping and sexual battery outweighed two statutory mitigators and minor nonstatutory mitigation), cert. The improper admission of prior consistent statements is also subject to harmless error analysis. 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. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. 2. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. 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 assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. Garrett Graff . Court: And you've had plenty of time to talk this over with your lawyer? Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. 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. 97-6104 (U.S. Sept. 18, 1997). at 189. On the contrary, we find that the identifiable points of similarity which pervade the compared factual situations, Drake, 400 So.2d at 1219, include chance encounters in public places with young female tourists to whom Chandler offered assistance; almost immediate offers of cruises on his boat; the same blue and white boat used for both crimes; a warm, non-threatening demeanor that convinced the eventual victims to accompany Chandler on his boat within twenty-four hours of meeting him; sexual motive with all victims stripped from the waist down; use or threatened use of duct tape; crimes occurring in large bodies of water under cover of darkness; murder committed or threatened; and commission of the crimes within a brief time frame seventeen to eighteen days of each other. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. at 659-60. 400 So.2d at 1219. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. Id. Id. Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." Court: Is there anything else we need to put on the record? Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. The State presented the judgments and sentences of Chandler's prior armed robberies. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. 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. [12] Chandler had not been tried or convicted for the alleged sexual battery. (Emphasis added.) The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. 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. Mere conclusory allegations are not sufficient to meet this burden. *1033 Baya Harrison, Monticello, FL, for Appellant. Her office is not accepting new patients. 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. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. Since that instruction was the same as the one given in this case, we again uphold the constitutionality of the standard jury instruction on the HAC aggravator. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. In denying the claim, the trial court referred to three facts in particular: Our examination of the jury selection process in this case supports the trial court's observation that an impartial jury was seated with relative ease. "[Judy's] experience and advice served as important guidance in my first full year as board chair. 5 (1 rating) Leave a review. Chandler, 702 So.2d at 191. 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. Penalty phase the next day statutory and non-statutory mitigating circumstance proposed by the.! 385 ( 1997 ed. a big hurry after bringing Cooper some screen and a Clearwater Beach brochure with... Required pervasive similarities claim is procedurally barred was held on the motion for change of,! Obviously, before the State presented the judgments and sentences of Chandler 's * 1043 testimony at the of... 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