Clisby v. State of Alabama

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. 1

The district court’s certificate of probable cause was limited to one issue, although petitioner asserted several issues in district court. We…