# Spencer v. State

> Court of Appeals of Maryland · November 29, 2016 · 450 Md. 530

URL: https://www.frixlaw.com/law-library/cases/9869867

## Case

- **Full name:** Kevon SPENCER v. STATE of Maryland
- **Court:** Court of Appeals of Maryland
- **Decided:** November 29, 2016
- **Citations:** 450 Md. 530; 149 A.3d 610; 2016 Md. LEXIS 797
- **Precedential status:** Published
- **Opinion:** Dissent by Getty
- **Judges:** Barbera, Greene, Adkins, McDonald, Watts, Hotten, Getty
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9869867

## How later opinions describe it (automated extraction)

- noting that counsel validly 13 established and articulated the difference between the selected [W]hite jurors and the excluded [B]lack jurors, which supported the peremptory strike

## Opinion text

Getty, J.
I respectfully dissent from the Majority’s opinion. On the Batson issue, I agree with Chief Judge Barbera that the trial judge was not clearly erroneous in finding that defense counsel’s reasons for striking the jurors were pretextual. Thus, it was proper for the trial judge to reseat the jurors whom defense counsel sought to exclude. I join only Part I of Chief Judge Barbera’s partial dissent.
On the sufficiency issue, I agree with Judge Watts that the evidence was sufficient to support the conviction for attempted second-degree murder. I join only Part II of Judge Watts’s concurring and dissenting opinion.
Therefore, I would affirm the judgment of the Court of Special Appeals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9869867. Public record. Not legal advice.