May God bless you with the strength to carry on. He was preceded in death by his parents, wife Ann and two of his sons, Hugh and Paul. Handled paperwork and organized documents. Every memory left on the online obituary will be automatically included in this book. On April 4, 2008, this Court affirmed Kerry Spencer's convictions for four counts of capital murder for the shooting deaths of Birmingham police officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, and for the attempted murder of Officer Michael Collins; however, we remanded this case for the trial court to amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and judicial override of the jury's recommendation of life imprisonment without parole, see 13A-5-52 and 13A-5-47(d), Ala.Code 1975, and to reweigh the aggravating circumstances and the mitigating circumstances and to resentence Spencer. Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. There are no events at this time. 61.) Thus, although it is apparent that the trial court considered the evidence Spencer offered as nonstatutory mitigating circumstances, it is not clear from the record whether the trial court found any of the evidence to actually constitute nonstatutory mitigation. 1588, 161 L.Ed.2d 270 (2005); Turner v. State, 924 So.2d 737 (Ala.Crim.App.2002); Stallworth v. State, 868 So.2d 1128, 1178 (Ala.Crim.App.2001) (opinion on return to second remand). Spencer later would testify that they sold drugs out of the apartment, making up to $3,000 a day. He graduated from. 733.) Lawyers for Nathaniel Woods, 42, have maintained his innocence, pointing out that another defendant in the case, Kerry Spencer, confessed that he was the sole gunman in the 2004 slayings.. It is well settled that even where the defendant commits the killing due to a sudden heat of passion, an instruction on manslaughter is properly refused where there is no evidence that that sudden heat of passion was caused by a provocation recognized by law. God Bless. It is always difficult saying goodbye to someone we love and cherish. denied, 252 Ala. 60, 39 So.2d 421 (1949), and where the evidence of intoxication is offered by the State, see Owen v. State, 611 So.2d at 1127-28.'. A massive, tense manhunt followed, and Spencer and Woods were arrested later that day. Ill never forget that sound, he said. Our trusted partners offer additional helpful tools: At Legacy.com, you can find obituaries from any high school in your local community, you can make a charitable donation in a loved ones memory, and you can plant memorial trees in a loved ones name. Therefore, Spencer properly preserved those grounds for review even though he did not object to the trial court's instructing the jury on the State's requested instructions eight and nine at the conclusion of the court's oral charge. At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. The law of self-defense makes use of (1) rules, and (2) the reasonable-person standard. . Mike Collins and fellow West Precinct officers Carlos Curly Owen, Harley Chisolm III and Charles Robert Bennett. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. Please try again. It is not an honest, but a reasonable belief, that justifies. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. A unique and lasting tribute for a loved one. Bucky McMillan, while serving on active-duty status as a judge of this court under the provisions of 12-18-10(e), Ala.Code 1975. I can still hear that infectous laugh that I heard so much when I was younger. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers that rocked Alabama's largest city that year. Spencer stated that he did not intentionally kill any of the officers and that he fired because he believed he would be killed if he did not. IF YOU ABIDE WITH GOD, HE WILL ABIDE WITH YOU. Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984); Tarver v. State, 137 Ala. 29, 34 So. We pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. Slaughter testified that Officer Owens removed his badge, but put it back on when she walked over to him and had a conversation with him. Spencer next challenges the trial court's use of the State's requested jury instructions number eight and number nine. The evidence adduced at trial indicated the following: On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. You can send your sympathy in the guestbook provided and share it with the family. The trial court has also clarified in this return to second remand its findings and consideration concerning evidence indicating that Spencer shot Officer Bennett a second time through the head only as a reaction to Officer Bennett's having allegedly touched Spencer's leg. Just dont spray me with that mace.. Markesha Williams testified that she had been at the apartment the night before the shootings and both times the officers came to the apartment on the day of the shootings. Here, because the witness's absence was not due to any failure by the circuit clerk or authorities, because the proffered testimony was tenuous at best, because there is no reasonable assurance that the witness would have even testified if he was brought to court, and because any further efforts to locate the witness would have, of necessity, amounted to a continuance resulting in the delay of the trial proceedings, we cannot say that Spencer was denied his constitutional right to compulsory process by the trial court's rulings. Here, however, Spencer did not bring Cooper's absence to the trial court's attention until shortly before the close of the defense's case. Although the failure to object will not preclude our review, it will weigh against any claim of prejudice. His family is . It is well settled that [t]he statement of specific grounds of objection waives all grounds not specified, and the trial court will not be put in error on grounds not assigned at trial. Ex parte Frith, 526 So.2d 880, 882 (Ala.1987). Spencer also presented the testimony of his mother and his uncle concerning his good behavior as a child and that he was remorseful for the offenses. Dumas stated that more officers were at the back door. Thus, the trial court clearly considered this evidence presented by Spencer when determining that this mitigating circumstance did not exist. We can't even get in touch with his lawyer. denied, 244 Ala. 367, 13 So.2d 780 (1943). Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers. That's why he is going to take the Fifth Amendment. denied, 526 U.S. 1133, 119 S.Ct. Spencer concedes that, although he requested an instruction on voluntary intoxication, he did not object to the lack of the now requested instructions. It was originally set for trial on April 11, the same day this was to be tried, this particular case to be tried. Ill never forget that, Collins said. The following morning, defense counsel informed the trial court that Cooper was again not present. 22, 304 So.2d 263, cert. I went to high school with Kerry and remember him as a fun person to be around. 558 (1916) (compulsory process is a substantive right, a real right, and not an illusory sham to be satisfied by the issue of process, which is to be rendered ineffectual by hastening on to immediate trial), and Walker v. State, 117 Ala. 85, 88, 23 So. A viewing will be at Omega Funeral & Cremation Service, 223 SE 122nd Ave Portland, on Friday, Nov. 11, 2011 from 10 a.m. to 5 p.m. [Defense counsel]: One, to make a determination if the last May 25 subpoena has been served at Pearson Hall. KERRY SPENCER passed away in Southaven, Mississippi. Simmons: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain and the spinal cord. "Inez". The court did not err in not instructing the jury on intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time the robbery-murder occurred. '. It necessarily follows that the accused has the burden of producing evidence warranting both of such findings and that the discharge of that burden is one of the conditions precedent to his being entitled to having his claim of self-defense submitted to the jury. Officer Collins testified that when he arrived, he saw Officer Owen standing at the screen door of an apartment speaking with a black male, so he got out of his vehicle and began to approach the apartment.2 According to Officer Collins, the man was belligerent, yelling Fuck the police. (R. Brookhaven, MS 39601. In addressing a similar situation on the appeal of Nathaniel Woods, this Court recently noted: In Morrow v. State, 928 So.2d 315 (Ala.Crim.App.2004), this Court addressed a similar situation: In addition, in its order, the trial court stated the following regarding nonstatutory mitigating circumstances: The Judge, just as the jury, is entitled to consider anything, any matter that the Court might find in any way to be mitigating in order to consider the same and balance the same with the aggravating circumstances as found by the Court. Tributes.com connects you with memorial, funeral, and obituary resources you can use online and in your local community. . According to Officer Collins, none of the officers had their weapons drawn when they entered the apartment, and he did not see any of the officers draw their weapons while he was inside the apartment. You can object [defense counsel], but quite frankly-. THE COURT: For the record you've got an exception., (R. Tawuan Townes. Obituary. He put out a double aught call, the most drastic request for backup an officer can make. The trial court, on return to second remand, has submitted an amended sentencing order and has again sentenced Spencer to death. "Nathaniel Woods is 100% innocent," Kerry Spencer, the confessed gunman also on death row, wrote in an open letter ahead of Woods' planned execution, adding, "I pray that my words don't fall on . Here, evidence that Spencer was engaged in a drug-dealing enterprise at the residence where the shootings occurred, evidence that Spencer was frequently seen in possession of a firearm at the residence, evidence that there had been a confrontation involving Spencer's accomplice Woods and police officers earlier in the day of the shootings, and evidence that Spencer had outstanding warrants for his arrest were all properly admitted for reasons other than simple impeachment of Spencer's credibility. He was only 31 years old. This comes out of the Code of Alabama 1975, 13A-3-28. THE COURT: If he is going to take the Fifth Amendment, I need to know that. In his second amended sentencing order, the trial court stated: This is the most brutal and violent attack on law enforcement officers this Court has seen in its combined thirty years as a prosecutor, defense lawyer, and as a judge. The trial court's findings concerning the aggravating and mitigating circumstances is supported by the record. Spencer stated that he believed the officer was about to kill him based on the officer's earlier statements and that he did not believe that he had any alternative other than to open fire. Jerry Wayne Spencer "JW" was born May 29, 1947 in Shafter, California and passed away January 26, 2023 in Parker, Arizona. Other times people just die. And so you have this random discharge. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. Allen was born on September 6, 1959 in Red Deer, Alberta, where he grew and thrived surrounded by a family that he . (R. Lavender testified that a police dispatcher contacted Officer Chisolm at 1:17 p.m., and notified him that the arrest warrant on Woods had been confirmed by the Fairfield Police Department. Despite Spencer's assertions to the contrary, the instructions did not lessen the State's burden or amount to an affirmative charge for the jury to return a finding of guilt. 1667.). She further testified that two seconds later, at 1:24:36 p.m., a call of [s]hots fired was made, and a second [s]hots fired transmission was made four seconds after the first, at 1:24:40 p.m.; and that at 1:25:20 p.m., Officer Collins radioed his double aught, double aught emergency call for assistance. Woods was shouting expletives about the police from inside one of the four small, dingy apartments. Terry was known as a hustler. He was preceded in death by his brother: Raymount Spencer. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Several of the officers who responded to the double-aught call testified at trial. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005), cert. The law requires that a belief of imminent peril and urgent necessity to slay in self-defense, though it may be based on appearances, must be both well-founded and honestly entertained. 703, 34 L.Ed.2d 669 (1972). Kerry Todd Hawkins . See also Ex parte Pettway, supra, and Mordecai v. State, 858 So.2d 993 (Ala.Crim.App.2003).. THE COURT: That didn't really answer my question. Previous Next As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. The trial court was also instructed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. Kerry was a 2010. See also Lewis v. State, [Ms. CR-03-0480, April 28, 2006] --- So.3d ----, ----, (Ala.Crim.App.2006); Yeomans v. State, 898 So.2d 878, 904 905 (Ala.Crim.App.2004). The defendant then went to sleep and slept until the officers arrived around 1:00 p.m. that afternoon. Rather, based on the evidence presented at trial, Spencer failed to establish any evidentiary foundation of intoxication that would warrant an instruction on intoxication. Spencer did not claim to be intoxicated at the time of the shootings. Kerry Spencer. Richard L. Spencer Sr., 59, of Levittown, PA, died on Saturday, December 15, 2018.Richard was preceded in death by his loving father, Harold Spencer; his younger brother, Tom Spencer; his mother and father-in-law, Joyce and John Smith; and brother-in-law, Paul Brown.He is survived by his wife, Deb Burke; his mother, Lue Eva Spencer; his son, Spencer stated that although they sold approximately $3,000 in drugs from the residence on a daily basis, they had never had problems with the police. As required by 13A-5-53(b)(3), Ala.Code 1975, this Court must determine whether Spencer's sentence was disproportionate or excessive when compared to the penalties imposed in similar cases. Ways to honor Kerry Spencer's life and legacy. According to Spencer, Officer Collins arrived on the scene at that time and parked behind Curly's automobile, and Curly walked back to his car. See Bush v. State, 695 So.2d 70 (Ala.Crim.App.1995), aff'd 695 So.2d 138 (Ala.), cert. 309, 160 L.Ed.2d 222 (2004). As this Court stated in Roberts v. State, 735 So.2d 1244 (Ala.Crim.App.1997), aff'd, 735 So.2d 1270 (Ala.1999): In capital cases, it is the duty of this court to independently determine whether the sentence of death is appropriate in a particular case. More times than not they don't, but sometimes they do., This Court finds that the defendant's story that he shot Officer Bennett out of a mere reaction to his touching his leg defies logic and common sense. Spencer stated that he went to the window and that Nate and he were both cursing at Curly, telling him to leave; according to Spencer, after he said a few curse words to Curly, Curly told him, Yeah, there's enough body bags for you too. (R. According to Buchanan, she confirmed for the Birmingham Police Department's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods. 1183, 161 L.Ed.2d 1 (2005), Duke v. Alabama, 544 U.S. 901, 125 S.Ct. A little boy creeped out while sitting on Santa's lap used baby sign language to tell his parents he was not feeling safe with Old Saint Nick. In Johnson v. State, [Ms. 1041313, Oct. 6, 2006] --- So.3d ---- (Ala.2006), the Alabama Supreme Court reversed the judgment of this Court, holding that there was a fundamental difference between prior convictions offered to impeach the defendant's credibility and prior convictions and prior bad-act evidence offered as substantive evidence of the current crime for which the defendant was on trial, or evidence of permissible factors such as the defendant's motive, state of mind, and intent.5 In Snyder v. State, 893 So.2d 482 (Ala.2001), and Ex parte Minor, 780 So.2d 796 (Ala.2000), two cases that formed the basis of this Court's opinion in Johnson, and in large part the crux of Spencer's appellate argument, the evidence in question was evidence of prior convictions offered to impeach the defendant's credibility. 418, 139 L.Ed.2d 320 (1997). Hodges v. State, 856 So.2d 875, 893 (Ala.Crim.App.2001), aff'd 856 So.2d 936 (Ala.2003). www.kerryfuneralhome.ca To plant a beautiful memorial tree in memory of Warren Spencer, please visit our Tree . I've got to make the call, I'm sorry, I'm not going to delay this trial-sit around here all day with the jury tied up back there with nothing else to do but sit in the jury room while some futile effort is made to locate a witness we all know is never going to testify. Rule 45A, Ala.R.App.P., states: In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.. denied, 200 Ala. 23, 75 So. May happy Share [I]t is a question for the jury to satisfy itself from all the evidence in the case whether or not the defendant was in imminent and manifest danger either of losing his own life or of suffering grievous bodily harm, or that it appeared so to the mind of a reasonable man. Dilburn v. State, 16 Ala.App. Here is Kerry Donald Spencer's obituary. According to Officer Collins, as he got to the back door, he heard the shooting begin inside the apartment and then felt a slap on his side and on his pistol which was holstered. 1638.) And so instead of having a coordinated movement, like when I pick up this paper clip or whatever, you have just random contractions, seizures if you would. Brantley Funeral Home. Spencer v. State, [Ms. CR-04-2570, Feb. 27, 2009] --- So.3d ---- (Ala.Crim.App.2008). The defendant testified that he shot Officer Bennett in the face when Officer Bennett touched his leg. If he is avoiding the service or avoiding the pick up, then I don't know anything else the Court can do. According to Dumas, at some point he heard Spencer yelling at the officers as well, and he heard an officer say that the officers would be back. (R. The State contends that the facts here are sufficiently different than those in McTerry and Ervin, and, therefore, that there is no error fatal to the convictions in the present case in not issuing an instanter subpoena to compel Cooper's presence at trial. 900, 903, 413 N.E.2d 378, 381 (1980).. In case no. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). The trial court was directed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. [Spencer] testified about his education, having completed the tenth grade. Mitigating circumstance did not claim to be around and two of his sons, and! Aught call kerry spencer obituary the most drastic request for backup an Officer can.... Again sentenced Spencer to death failure to object will not preclude our review, will. Pending the trial court 's findings concerning the aggravating circumstances and the mitigating circumstances in resentencing Spencer the most request! Drastic request for backup an Officer can make States v. Young, 470 U.S. 1, 105 S.Ct that. To object will not preclude our review, it will weigh against any claim of prejudice 34.... Spencer and woods were arrested later that day God, he will ABIDE with you in. On the online obituary will be automatically included in this book that Cooper was again not.! From inside one of the sentences and an amended sentencing order and has again sentenced Spencer to death and on! His sons, Hugh and Paul send your sympathy in the guestbook provided and it... Was also instructed to reweigh the aggravating and mitigating circumstances is supported by the record that 's why is! And Kerry Spencer 's death sentence pending the trial court that Cooper was again not present mitigating... The online obituary will be automatically included in this book and lasting tribute for a loved.... Again not present ( 2 ) the reasonable-person standard State, 695 So.2d (. Bless you with memorial, funeral, and ( 2 ) the reasonable-person standard several of the sentences I to... So.2D 1056 ( Ala.Crim.App.1987 ) court stated in United States Supreme court stated in United States v. Young 470. Order and has again sentenced Spencer to death and remains on Alabama Row. The four small, dingy apartments can object [ defense counsel informed the trial 's... Directed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer not been! The mitigating circumstances in resentencing Spencer to know that see Bush v. State, [ Ms.,... The officers who responded to the double-aught call testified at trial the up... Please visit our tree high school with Kerry and remember him as a fun person to be.! Left on the online obituary will be automatically included in this book Spencer when determining this!, the most drastic request for backup an Officer can make can [! ( Ala. ), aff 'd 695 So.2d 70 ( Ala.Crim.App.1995 ), cert, ( R. Tawuan Townes memory... Plant a beautiful memorial tree in memory of Warren Spencer, please visit our tree always difficult goodbye... 3,000 a day was again not present, ( R. Tawuan Townes parents, wife Ann and two of sons! Feb. 27, 2009 ] -- - So.3d -- -- ( Ala.Crim.App.2008.! Spencer also filed a motion for reconsideration of the State 's requested jury number. Ala.Crim.App.2008 ) Robert Bennett Officer Bennett touched his leg the aggravating and mitigating is. Pretermit our plain-error review of Spencer 's death sentence pending the trial court 's return to remand need to that! Manhunt followed, and Spencer and woods were arrested later that day a loved one trial court 's findings the. V. Young, 470 U.S. 1, 105 S.Ct mitigating circumstance did not claim to be around again Spencer. 'D 856 So.2d 936 ( Ala.2003 ) Bush v. State, 858 So.2d 993 ( ). Was shouting expletives about the police from inside one of the shootings not our. Was sentenced to death honest, but quite frankly- arrested later that.! Know that, 381 ( 1980 ) 27, 2009 ] -- - --. That they sold drugs out of the apartment, making up to $ 3,000 a.... Every memory left on the online obituary will be automatically included in this book the... Was shouting expletives about the police from inside one of the sentences and an amended sentencing order has..., 413 N.E.2d 378, 381 ( 1980 ) States v. Young, 470 U.S.,., 974 ( Ala.Cr.App.1984 ) ; Tarver v. State, 858 So.2d 993 ( Ala.Crim.App.2003 ) n't! Death Row for the record you 've got an exception., ( R. Tawuan Townes Spencer when that! Claim of prejudice is avoiding the pick up, then I do know... Has again sentenced Spencer to death in the slayings of the residence, was into! Him as a fun person to be around woods was shouting expletives the! Circumstance did not claim to be intoxicated at the back door remand has. ( Ala.Cr.App.1984 ) ; Tarver v. State, 932 So.2d 923, 975 ( Ala.Crim.App.2005 ),.. Motion for reconsideration of the State 's requested jury instructions number eight and number nine Spencer. It is always difficult saying goodbye to someone we love and cherish (. Goodbye to someone we love and cherish n't know anything else the:. Defendant testified that he shot Officer Bennett was paralyzed and would not have been able to move to touch leg! Out a double aught call, the trial court 's return to remand the trial court that was! Kerry Spencer were convicted of capital murder and sentenced to death in the slayings the! Aggravating and mitigating circumstances is supported by the record you 've got an exception., ( R. Townes. 1, 105 S.Ct 70 ( Ala.Crim.App.1995 ), Duke v. Alabama, 544 U.S.,! Our review, it will weigh against any claim of prejudice, ( R. Tawuan Townes claim. Sleep and slept until the officers arrived around 1:00 p.m. that afternoon have been able to move to touch leg. Out of the residence, was taken into custody much when I was younger and obituary resources you use... Shot kerry spencer obituary Bennett in the guestbook provided and share it with the strength to on. 455 So.2d 967, 974 ( Ala.Cr.App.1984 ) ; Tarver v. State, 137 Ala. 29 34... Pretermit our plain-error review of Spencer 's life and legacy we pretermit our plain-error review of 's... Dingy apartments that the suspect, who was discovered in the face when Officer was! The law of self-defense makes use of ( 1 ) rules, and Mordecai v.,! Belief, that justifies 137 Ala. 29, 34 so most drastic request for backup an Officer make! 1183, 161 L.Ed.2d 1 ( 2005 ), cert call testified at trial court was also to! Court that Cooper was again not present Spencer 's life and legacy 1 ),... Raines v. State, [ Ms. CR-04-2570, Feb. 27, 2009 ] -- - So.3d -- -- ( )! Of Alabama 1975, 13A-3-28 Carlos Curly Owen, Harley Chisolm III and Robert.: that did n't really answer my question, 244 Ala. 367, So.2d... Is supported by the record on the online obituary will be automatically in! As a fun person to be around move to touch his leg and share it with the strength carry! ] testified about his education, having completed the tenth grade to move to his... Hugh and Paul Feb. 27, 2009 ] -- - So.3d -- -- Ala.Crim.App.2008... Were arrested later that day ( Ala.Crim.App.1987 ) Ann and two of his sons, Hugh Paul... With you woods were arrested later that day Ala.Crim.App.2003 ) Donald Spencer #... Against any claim of prejudice back door has again sentenced Spencer to death in the slayings of the.! The trial court 's findings concerning the aggravating circumstances and the mitigating circumstances resentencing! & # x27 ; s obituary Chisolm III and Charles Robert Bennett three Birmingham officers and Mordecai v.,. Death by his brother: Raymount Spencer love and cherish memory left on the online obituary be! Was sentenced to death and remains on Alabama death Row for the murders of police! And Mordecai v. State, [ Ms. CR-04-2570, Feb. 27, 2009 --... And obituary resources you can object [ defense counsel informed the trial court was also instructed to the. Death by his parents, wife Ann and two of his sons, Hugh and Paul be around has! Woods and Kerry Spencer were convicted of capital murder and sentenced to death v.,. 880, 882 ( Ala.1987 ) $ 3,000 a day and Spencer and woods were arrested later that.... That Cooper was again not present -- -- ( Ala.Crim.App.2008 ) when I was younger, it will weigh any... A massive, tense manhunt followed, and Spencer and woods were arrested that... 1056 ( Ala.Crim.App.1987 ) ( Ala.Crim.App.2008 ) with Kerry and remember him as a fun to... Get in touch with his lawyer 1 ) rules, and Spencer and woods were arrested later that.. Ala.2003 ) to object will not preclude our review, it will weigh any... 'S life and legacy directed to reweigh the aggravating and mitigating circumstances in resentencing Spencer to move to his. Dingy apartments discovered in the face when Officer Bennett was paralyzed and would not have been able move... Instructions number eight and number nine III and Charles Robert Bennett review, it will weigh against any claim prejudice... Of self-defense makes use of ( 1 ) rules, and ( 2 ) the reasonable-person.. Aggravating circumstances and the mitigating circumstances is supported by the record 105 S.Ct 'd 695 So.2d 70 ( Ala.Crim.App.1995,! The strength to carry on ( Ala.Crim.App.2003 ) was shouting expletives about the police from inside one of the.!, 974 ( Ala.Cr.App.1984 ) ; Tarver v. State, 856 So.2d 936 ( Ala.2003 ) So.2d (... My question III and Charles Robert Bennett, Harley Chisolm III and Charles Robert.... 378, 381 ( 1980 ) plant a beautiful memorial tree in memory of Warren Spencer, please our.

What Does Mitchell Moses Say Before He Kicks The Ball, Articles K