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Jimmy ONeal Spencer v. Alabama

IFP petition · Court of Criminal Appeals of Alabama, No. CR-2022-1280 · judgment December 20, 2024


Certiorari denied · May 4, 2026

Question presented

In a capital case where the pretrial publicity was extensive, gruesome, and negative, including statements by the current Attorney General that the Jimmy Spencer was a “violent offender” and an example of a “badly broken” parole system, and where a significant portion of the jury venire reported a pre-existing belief in Mr. Spencer’s guilt, did the trial court’s refusal to change venue and the lower court's decision holding that “prejudice is not presumed” and that the trial court “did not abuse its discretion” conflict with this Court's decision in Sheppard v. Maxwell holding that “[d]ue process requires that the accused receive a trial by an impartial jury free from outside influences”and the Sixth and Fourteenth amendments?

Counsel of record

For petitioner
Angela Leigh Setzer

For respondent
Benjamin David DuPre
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
25A676

Proceedings

  1. May 04 2026
    Petition DENIED.
  2. Apr 16 2026
    DISTRIBUTED for Conference of 5/1/2026.
  3. Mar 25 2026
    Brief of State of Alabama in opposition not accepted for filing. (To be Resubmitted - April 09, 2026)
  4. Mar 25 2026
    Brief of respondent Alabama in opposition filed. (Resubmitted - April 10, 2026)
  5. Feb 04 2026
    Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2026.
  6. Feb 03 2026
    Motion to extend the time to file a response from February 23, 2026 to March 25, 2026, submitted to The Clerk.
  7. Jan 16 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2026)
  8. Dec 09 2025
    Application (25A676) granted by Justice Thomas extending the time to file until January 19, 2026.
  9. Dec 05 2025
    Application (25A676) to extend the time to file a petition for a writ of certiorari from December 18, 2025 to January 19, 2026, submitted to Justice Thomas.