Spickler v. State

A demonstration involving a model skull and mattress section was relevant to show the force of the attack on the victim and fairly illustrated that point, so the demonstration did not warrant the grant of a sua sponte mistrial.

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Appellant Robert Spickler appeals his convictions for murder and armed robbery.1 He claims numerous errors were committed by the trial court in both jury selection and at trial. Having reviewed the record and the transcript, we find that no reversible errors occurred. Therefore, we affirm.

The evidence introduced at trial showed that in November 1997, while attending a convention in Nevada, the victim, Bruce Bellville, met and socialized with appellant, who was living in Nevada at that time. Before returning home to Georgia, the victim gave appellant his phone number and said to contact him if he was ever in the state. In April 1998, while driving to Florida, appellant and his accomplice, Zellmar, stopped in Georgia and called the victim. The victim invited them to his home, where the trio had drinks before going to a bar frequented by the victim. Upon returning to the victim’s home in the early morning hours, the victim showed appellant and Zellmar to a guest room, then went to bed himself. Appellant then found a small sledgehammer in the home, went into the victim’s bedroom, and hit the victim in the head seven times as he lay in bed, killing him. Appellant and Zellmar took credit cards, electronics and personal items from the victim’s home, then fled to Florida, throwing the sledgehammer by the roadside along the way. They were apprehended in Florida using the victim’s credit card to make purchases. The victim’s personal property was found in appellant’s car. At trial, appellant admitted killing the victim, but claimed he did so because the victim made an unwanted sexual advance toward him. The State sought the death penalty in prosecuting appellant, and the jury recommended a sentence of life without the possibility of parole.

Spickler v. State

A demonstration involving a model skull and mattress section was relevant to show the force of the attack on the victim and fairly illustrated that point, so the demonstration did not warrant the grant of a sua sponte mistrial.

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