Clisby v. State, 6 Div. 576

Decision Date29 March 1983
Docket Number6 Div. 576
Citation456 So.2d 98
PartiesWillie CLISBY, Jr. v. STATE.
CourtAlabama Court of Criminal Appeals

Appeal from Jefferson Circuit Court.

AFTER REMANDMENT

BOWEN, Judge.

In compliance with the direction of the Supreme Court of Alabama in Clisby v. State, 456 So.2d 95 (Ala.1983), this cause is remanded for the trial court's reconsideration of its handling of Dr. Estock's report in view of the holdings of Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981), and Proffitt v. Wainwright, 685 F.2d 1227 (11th Cir.1982).

REMANDED WITH DIRECTIONS.

Appeal after remand, Ala.Cr.App., 456 So.2d 99.

DeCARLO, P.J., and TYSON and HARRIS, JJ., concur.

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10 cases
  • Nelson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • November 12, 1986
    ...the expenses must be approved in advance by the trial judge. In Ex parte Clisby, 456 So.2d 95, 97-98 (Ala.1983), on remand Clisby v. State, 456 So.2d 98, appeal after remand, 456 So.2d 99, aff'd, 456 So.2d 105, cert. denied, 470 U.S. 1009, 105 S.Ct. 1372, 84 L.Ed.2d 391 (1983), our supreme ......
  • Lynn v. State, 4 Div. 183
    • United States
    • Alabama Court of Criminal Appeals
    • October 23, 1984
    ...similar capital offenses. Clisby v. State, 456 So.2d 86 (Ala.Crim.App.1982), aff'd in part, rev'd in part, 456 So.2d 95 (Ala.), on remand, 456 So.2d 98 (Ala.Crim.App.), on remand, 456 So.2d 99 (Ala.Crim.App.), affirmed, 456 So.2d 102 (Ala.Crim.App.1983), affirmed, 456 So.2d 105 (Ala.1984) (......
  • Clisby v. Jones
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 4, 1992
    ...451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981), and Proffitt v. Wainwright, 685 F.2d 1227 (11th Cir.1982)," Clisby v. State, 456 So.2d 98, 99 (Ala.Crim.App.1983). On remand, counsel for petitioner filed a motion for psychiatric examination "to be conducted in light of those mitigating ......
  • Musgrove v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 14, 1986
    ...v. State, 456 So.2d 86 (Ala.Crim.App.1982), rev'd and remanded with instructions, 456 So.2d 95 (Ala.), remanded for reconsideration, 456 So.2d 98 (Ala.Crim.App.), opinion after remand I, 456 So.2d 99 (Ala.Crim.App.), opinion after remand II, 456 So.2d 102 (Ala.Crim.App.1983), aff'd sub nom.......
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