No. 25-6642

Jimmy ONeal Spencer v. Alabama

Lower Court: Alabama
Docketed: 2026-01-22
Status: Pending
Type: IFP
IFP
Tags: due-process fourteenth-amendment jury-selection pretrial-publicity sixth-amendment venue-change
Key Terms:
DueProcess
Latest Conference: N/A
Question Presented (AI Summary)

Whether a trial court's refusal to change venue in a capital case with extensive prejudicial pretrial publicity violates due process and the defendant's right to an impartial jury

Question Presented (OCR Extract)

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 holdin g 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? i

Docket Entries

2026-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2026.
2026-02-03
Motion of State of Alabama for an extension of time submitted.
2026-02-03
Motion to extend the time to file a response from February 23, 2026 to March 25, 2026, submitted to The Clerk.
2026-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2026)
2025-12-09
Application (25A676) granted by Justice Thomas extending the time to file until January 19, 2026.
2025-12-05
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.

Attorneys

Jimmy Spencer
Angela Leigh Setzer — Petitioner
Angela Leigh Setzer — Petitioner
State of Alabama
Benjamin David DuPreOffice of the Attorney General, Respondent
Benjamin David DuPreOffice of the Attorney General, Respondent