United States Eleventh Circuit
Spencer v. Sec'y., Dept. of Corr., 06-16503
In a capital habeas matter, the denial of the petition is affirmed where: 1) petitioner's first five claims of prosecutorial misconduct were procedurally barred because the Florida Supreme Court had, on collateral review, denied them based on an independent and adequate rule of Florida procedure; and 2) where the evidence of guilt is overwhelming, an improper comment by a prosecutor usually does not render a trial fundamentally unfair in violation of the Constitution.
Appellate Information
- Decided 06/23/2010
- Published 06/23/2010
Judges
- MARCUS, Circuit Judge:, Before EDMONDSON, MARCUS and PRYOR, Circuit Judges.
Court
- United States Eleventh Circuit