Legal Opinion

Spencer v. SECRETARY, DEPT. OF CORRECTIONS

Court of Appeals for the Eleventh Circuit

Decided June 22, 2010No. 06-16503PublishedCited by 47 opinions

1Opinion of the Court

MARCUS, Circuit Judge:

In this capital case, Dusty Ray Spencer, a Florida prisoner convicted of first degree murder, aggravated assault, attempted second-degree murder, and aggravated battery, appeals the district court’s denial of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. We granted Spencer a Certificate of Appealability on his claim that the state court erroneously denied him relief because of prosecutorial misconduct. Spencer alleges seven instances of misconduct. Five of them are procedurally barred, the sixth one was not included in the Certificate of…

2Cases cited27 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Darden v. WainwrightSupreme Court of the United States · 1986
  4. Cone v. BellSupreme Court of the United States · 2009
  5. Carroll v. SECRETARY, DOCCourt of Appeals for the Eleventh Circuit · 2009

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3Cited by47 opinions

  1. Joshua Daniel Bishop v. Warden, GDCPCourt of Appeals for the Eleventh Circuit · 2013
  2. Morris v. Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
  3. Anthony John Ponticelli v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
  4. Jonathan Huey Lawrence v. Secretary Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
  5. William Greg Thomas v. Attorney General, State of FloridaCourt of Appeals for the Eleventh Circuit · 2021

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