ALTSCHUL

v.

TEXAS

Citator

Cited By

• Dusty Ray Spencer v. State, 842 So. 2d 52 (Fla. 2003)
  …nal rights to due process, confrontation, and cross-examination. This Court found no merit to Spencer’s claims and affirmed his death sentence. See id. The United States Supreme Court denied Spencer’s petition for certiorari. See Spencer v. Florida, 522 U.S. 884, 118 S.Ct. 213, 139 L.Ed.2d 148 (1997). In September 1999, Spencer filed an amended motion to vacate his convictions [*60] and sentences. The lower court conducted a Huff hearing in December 1999 and subsequently conducted a limited evidentiary he…
• Dusty Ray Spencer v. State, 259 So. 3d 712 (Fla. 2018)
  …r Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. Spencer was convicted of the 1992 first-degree murder of his wife, Karen Spencer. Spencer v. State , 645 So. 2d 377, 380 (Fla. 1994), cert. denied , 522 U.S. 884, 118 S.Ct. 213, 139 L.Ed.2d 148 (1997). The jury recommended a death sentence by a seven to five vote, and the trial judge followed the jury's recommendation and imposed a sentence of death. Id. We affirmed Spencer's conviction on direct appeal. I…

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• Aleem ALI v. State, 976 So. 2d 9 (Fla. 5th DCA 2008)
  …require a new trial, or be so inflammatory that they might have influenced the jury to reach a more severe verdict than it would have reached without the comments having been made. See Spencer v. State, 645 So. 2d 377, 383 (Fla.1994), cert. denied, 522 U.S. 884, 118 S.Ct. 213, 139 L.Ed.2d 148 (1997). When I read this transcript, I am not convinced that the appellant received a fair and impartial trial. Hence, I do not think that the error was harmless. I fully appreciate the point of view articulated in t…