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CLISBY v. JONES

No. 89-7209.

960 F.2d 925 (1992)

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.

May 4, 1992.

Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., John Gibbs and Sandra Stewart, 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 TJOFLAT, Chief Judge, and FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges.

TJOFLAT, Chief Judge:

Petitioner Willie Clisby, Jr., is incarcerated in an Alabama prison under a sentence of death for nighttime burglary of an occupied dwelling during the course of which one of the occupants is intentionally killed. See Ala.Code § 13-11-2(a)(4) (1975) (current version at Ala.Code Ann. § 13A-5-40(a)(4) (Michie 1982)). After an evidentiary hearing, the United States District Court for the Northern District of Alabama granted Clisby...

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