(Download) "Clisby V. Jones" by Eleventh Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Clisby V. Jones
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 04, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
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's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988) with respect to the death sentence because the state had denied petitioner "adequate psychiatric assistance during the sentencing phase of [his] trial" in violation of the Due Process Clause of the Fourteenth Amendment, as petitioner had alleged in two of his sixteen "grounds for relief."*fn1 The court further reserved judgment on three claims of ineffective assistance of counsel*fn2 and two claims of incompetent psychiatric assistance in violation of the Sixth and Eighth Amendments, respectively.*fn3 Respondent Charlie Jones appealed from the portions of the district court's order granting habeas relief, and petitioner cross-appealed from the portions denying habeas relief. A panel of this court vacated the grant of habeas relief and remanded the case for further proceedings. Clisby v. Jones, 903 F.2d 1348 (11th Cir.1990). After withdrawing its original opinion, the panel issued a new opinion that reached the same result on different grounds. Clisby v. Jones, 907 F.2d 1047 (11th Cir.1990). We then agreed to rehear the case en banc, Clisby v. Jones, 920 F.2d 720 (11th Cir.1990), and now reverse the district court's order granting habeas relief and affirm it on all other grounds. We further remand the case to the district court for a disposition of all remaining claims.
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