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CLISBY v. STATE OF ALA.

No. 95-6329.

52 F.3d 905 (1995)

Willie CLISBY, Jr., Petitioner-Appellant, v. STATE OF ALABAMA, Alabama Department of Corrections, W.E. Johnson, Fred Smith, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 27, 1995.

Attorney(s) appearing for the Case

Cathy S. Wright, Tony G. Miller, Cary D. Tynes, Maynard, Cooper & Gale, P.C., Birmingham, AL, for appellant.

Jeff Sessions, Atty. Gen., Beth Jackson Hughes, Asst. Atty. Gen., Montgomery, AL, for appellees.

Before KRAVITCH, EDMONDSON and COX, Circuit Judges.

BY THE COURT:

This appeal is from the denial of habeas corpus relief to an Alabama prisoner facing execution tonight at midnight. This petition for habeas relief is not his first. We have expedited the appeal, had briefing from the parties, and heard oral argument. The briefing and argument addressed the merits as well as petitioner's motion for a stay of execution and respondents' motion to vacate the district court's certificate of probable cause.

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