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CLISBY v. JONES

No. 89-7209.

907 F.2d 1047 (1990)

Willie CLISBY, Petitioner-Appellee, Cross-Appellant, v. Charlie JONES, Warden, Holman Unit, Alabama Department of Corrections, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 25, 1990.

Attorney(s) appearing for the Case

Ed Carnes, John Gibbs, Asst. Attys. Gen., Montgomery, Ala., for respondent-appellant, cross-appellee.

Cathy S. Wright, Maynard, Cooper, Fierson & Gale, P.C., Tony G. Miller, Deborah J. Long, Birmingham, Ala., for petitioner-appellee, cross-appellant.

Before EDMONDSON and COX, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

In 1979, Willie Clisby, Jr. broke into the home of Fletcher Handley, a 58 year-old, handicapped man, stole eighty dollars from him, and killed him with an ax. After Clisby was convicted in accord with Alabama Code § 13-11-2(a)(4) of night-time burglary during which the victim is intentionally killed, the jury recommended, and the judge imposed, the death penalty. The chief issue in this case involves Ake v. Oklahoma, 470 U.S...

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