Willie Clisby, Cross-Appellant v. Charlie Jones, Warden, Holman Unit, Alabama Department of Corrections, Cross-Appellee

TJOFLAT, Chief Judge:

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-ll-2(a)(4) (1975) (current version at Ala.Code Ann. § 13A-5-40(a)(4) (Michie 1982)). After an evidentia-ry hearing, the United States District Court for the Northern District of Alabama granted Clisby’s petition for a writ of habe-as corpus pursuant to 28 U.S.C. § 2254 (1988) with respect to the death sentence because the state had denied…