Supreme Court of Florida
Dusty Ray Spencer, Appellant v. State of Florida, Appellee.
November 8, 2018259 So. 3d 712
Summary
The court affirmed the summary denial of Spencer’s successive postconviction motion challenging his death sentence. Because his sentence became final before the relevant constitutional cutoff, he was not entitled to relief based on the later jury-trial sentencing decision, and his remaining claims were untimely, procedurally barred, or foreclosed by precedent. Justice Pariente, dissenting, would have granted a new penalty phase because Spencer was ultimately resentenced to death without a jury after the original sentencing process was found defective.