Clisby v. State

663 So. 2d 1038, 1995 Ala. Crim. App. LEXIS 1051, 1995 WL 237688
CourtCourt of Criminal Appeals of Alabama
DecidedApril 25, 1995
DocketCR-94-1313
StatusPublished

This text of 663 So. 2d 1038 (Clisby v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clisby v. State, 663 So. 2d 1038, 1995 Ala. Crim. App. LEXIS 1051, 1995 WL 237688 (Ala. Ct. App. 1995).

Opinion

TAYLOR, Presiding Judge.

This cause having come on to be considered on an appeal from the denial of a Rule 32, Ala.R.Crim.P., petition and having been considered by the Court, this Court finds as follows. This petition was correctly denied upon grounds that each of the four contentions set forth by the petitioner is procedural^ barred by Rule 32.2(a), 32.2(b), and 32.2(c), Ala.R.Crim.P. The Court considers the petition to be filed for no reason other than to delay. A procedural history is attached to this opinion as Appendix A. It demonstrates that a great amount of time is allowed to a convicted person to pursue appeals and post-conviction remedies.

While the petition was denied on procedural grounds and this Court’s affirmance of the trial court’s denial is based entirely upon procedural grounds, this Court also observes that each of the four arguments would be denied on the merits if the merits were reached.

The trial court’s denial of appellant’s petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P., is affirmed.

AFFIRMED.

All the Judges concur.

APPENDIX A

CLISBY CHRONOLOGY

Nov. 7,1979 — Willie Clisby, Jr. breaks into Fletcher Handley’s home, murders him with an ax, and steals approximately $80.00.

Nov. 13, 1979 — Clisby goes to police headquarters, is questioned, and leaves.

Nov. 14, 1979 — Clisby confesses to the murder and is arrested.

Nov. 15, 1979 — Formal arrest warrant signed.

Nov. 21, 1979 — Attorney Jim Hard appointed to represent Clisby in District Court. (R. 468)

Dec. 5,1979 — District Court orders psychiatric examination of Clisby. (R. 469)

Dec. 7, 1979 — Clisby examined by Dr. Robert - Estock.

Dec. 10, 1979 — Letter to court informing it that Dr. Estock feels Clisby is competent to stand trial and there is no evidence of psychosis.

Dec. 19, 1979 — Clisby waives preliminary hearing and is bound over to the Jefferson County Grand Jury.

Feb. 8, 1980 — Clisby indicted for committing the capital offense “nighttime burglary of an occupied dwelling when any [1039]*1039of the occupants is intentionally killed by the defendant,” Code of Alabama, 1975, § 13-ll-2-(a)(4).

Feb. 22, 1980 — Attorney Steve Arnold appointed to represent Clisby by Jefferson County Circuit Court. (R. 470)

Feb. 29, 1980 — (a) Clisby arraigned and pleads not guilty. (R. 471)

(b)Arnold files “Defendant’s Motion for Psychiatric Examination,” requesting the court to empanel a lunacy commission.

(e) Circuit court grants dishy’s motion for psychiatric examination to extent it directs Jefferson County Diagnostic Office “to have a psychiatric evaluation of defendant’s mental condition.”

Mar. 10, 1980 — Defense files the following motions:

(a) Motion to Quash Indictment (R. 484);

(b) Additional Motion to Quash Indictment (R. 485);

(c) Motion for Production and for Discovery (R. 486-487);

(d) Motion for Individual Voir Dire and Sequestration of Jurors During Voir Dire (R. 488^189);

(e) Motion Challenging “Death Qualification” Voir Dire Questions (fair cross section and eonvietion-proneness) (R. 490-491);

(f) Motion for Court Appointed Psychiatrist, which requests court to appoint a psychiatrist “to conduct a clinical evaluation and examination of the defendant’s capacity for criminal responsibility.” (R. 492);

(g) Motion for Funds for Private Psychiatrist, which requests court to order State or some subdivision of it, to provide Clisby with funds to hire a psychiatrist “to conduct a clinical evaluation of the defendant’s capacity for criminal responsibility in order to enable him to have an adequate defense, due process of law and a fair trial.” (R. 493)

Mar. 11, 1980 — Motion hearing at which the following is done:

(a) Motions for psychiatric assistance discussed in court;

(b) Motion Challenging “Death Qualifications” Voir Dire Questions denied (R. 472);

(c) Motion for Production and for Discovery granted except for Grand Jury minutes (R. 472);

(d) Motion to Quash Indictment and Additional Motion to Quash Indictment denied. (R. 472).

Mar. 18,1980 — Letter to court informing it that Dr. Estock had examined Clisby and “feels this individual is competent to stand trial, and aid in. his defense. He displayed no evidence of psychosis and does not meet the criteria for involuntary commitment to Bryce Hospital.”

Mar. 26, 1980 — Motion to suppress confession filed. (R. 494-495).

Feb. 23, 1981 — Trial begins and:

(a) Oral motion to quash based on unconstitutionality of death penalty statute and of the Alabama Supreme Court’s Beck decision made by defense (R. 2-3);

(b) Jury voir dire (R. 3-72);

(c) Opening statements (R. 76-82);

(d) Prosecution case begins (R. 82-147).

Feb. 24, 1981 — Trial continued:

(a) Prosecution case continues to completion (R. 152-334);

(b) Motion to exclude the State’s evidence is made by defense and denied (R. 335-336);

(c) The defense rests without presenting any testimony. (R. 337);

(d) Closing argument (R. 337-363);

(e) Oral charge (R. 364-375).

Feb. 25, 1981 — Trial continued:

(a) Questions from the jury during deliberations (R. 377-379);

(b) Jury verdict of guilty of the capital offense (R. 379-380);

(c) Sentencing stage before the jury (R. 382-421);

(d) Jury verdict of death (R. 431).

[1040]*1040Feb. 27, 1981 — Defense attorney announces not ready to begin sentence hearing before judge, moves for continuance, and asks court to grant his two [March 10, 1980] motions for psychiatric assistance.

Court denies request for continuance and request that it grant psychiatric assistance.

Court reads the two letters concerning Dr. Estock’s examinations of Clisby into the record.

At the close of sentence hearing, the court sentences Clisby to death.

Dec. 8, 1981 — Oral argument in the Alabama Court of Criminal Appeals.

Mar. 2, 1982 — The Alabama Court of Criminal Appeals affirms Clisby’s conviction and sentence. Clisby v. State, 456 So.2d 86 (Ala.Crim.App.1982).

Apr. 20, 1982 — Clisby’s application for rehearing in the Alabama Court of Criminal Appeals is denied.

May 3,1982 — Clisby’s petition for certiora-ri is filed in the Alabama Supreme Court.

July 26, 1982 — Clisby’s petition for writ of certiorari and request for oral argument is granted.

Oct. 26, 1982 — Oral argument before the Alabama Supreme Court.

Feb. 11, 1983 — The Alabama Supreme Court affirms Clisby’s conviction but remands the case for reconsideration by the sentencing court of its handling of Dr. Estock’s report. Ex parte Clisby, 456 So.2d 95 (Ala.1983).

Apr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

William Earl Footman v. Harry K. Singletary
978 F.2d 1207 (Eleventh Circuit, 1992)
Clisby v. State
501 So. 2d 480 (Court of Criminal Appeals of Alabama, 1985)
Ex Parte Clisby
501 So. 2d 483 (Supreme Court of Alabama, 1987)
Clisby v. State
456 So. 2d 102 (Court of Criminal Appeals of Alabama, 1983)
Clisby v. State
456 So. 2d 99 (Court of Criminal Appeals of Alabama, 1983)
Clisby v. State
456 So. 2d 86 (Court of Criminal Appeals of Alabama, 1982)
Ex Parte Clisby
456 So. 2d 105 (Supreme Court of Alabama, 1984)
Ex Parte Clisby
456 So. 2d 95 (Supreme Court of Alabama, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
663 So. 2d 1038, 1995 Ala. Crim. App. LEXIS 1051, 1995 WL 237688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clisby-v-state-alacrimapp-1995.