DUPREE v. WARDEN

No. 11-12888.

715 F.3d 1295 (2013)

John D. DUPREE, Petitioner-Appellant, v. WARDEN, Attorney General, State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 7, 2013.


Attorney(s) appearing for the Case

William W. Whatley, Jr. (Court-Appointed), Law Office of William W. Whatley, Jr., Montgomery, AL, for Petitioner-Appellant.

Michael G. Dean , John Cowles Neiman, Jr. , Luther J. Strange, III , Attorney General's Office, Montgomery, AL, for Respondents-Appellees.

Before WILSON and COX, Circuit Judges, and BOWEN, District Judge.


COX, Circuit Judge:

The issue on appeal is whether the district court violated the rule laid down in Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992) (en banc). In Clisby, this court instructed district courts to resolve all claims for relief presented in a 28 U.S.C. § 2254 petition for a writ of habeas corpus regardless of whether relief is granted or denied. In this case...

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