Clisby v. State

AFTER REMANDMENT

This cause was remanded to the circuit court for reconsideration of the handling of a pretrial psychiatric report which the court considered as a reason for denying a defense motion for continuance to seek further psychiatric evaluation. Clisby v. State, 456 So.2d 95 (Ala. 1983), citingEstelle 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). The trial court resolved the defendant's asserted denial of cross examination of the psychiatrist who prepared the report by holding a new sentencing hearing by the…