Opinion

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

  • 960 F.2d 925
  • 1992 U.S. App. LEXIS 8906
  • 1992 WL 91127
Court
Court of Appeals for the Eleventh Circuit
Filed
May 4, 1992
Status
Published
Author
Cox
On the bench
Tjoflat, Fay, Kravitch, Hatchett, Anderson, Edmondson, Cox, Birch, Dubina
Cited by
318 cases
Authority
More cited than 25.7%

explaining that the procedural reasonableness inquiry looks at the court’s explanation of the section 3553(a) factors while the substantive reasonableness inquiry examines whether the factors actually justified the resulting sentence

How later courts described this case

  • explaining that the procedural reasonableness inquiry looks at the court’s explanation of the section 3553(a) factors while the substantive reasonableness inquiry examines whether the factors actually justified the resulting sentence
  • concluding that, even though the respondent urged this Court to consider the claims not addressed by the district court, this Court could “do no more than remand the case to the district court to consider all remaining claims”
  • holding that district court must resolve all claims for relief premised on alleged constitutional violations which are raised in a petition for writ of habeas corpus whether habeas relief is granted or denied
  • holding that, when a district court fails to resolve all claims for relief that a habeas petitioner raises, this Court will vacate the judgment and remand the case for consideration of all remaining claims

Written by the judges who cited it.

The opinion

COX, Circuit Judge, specially

concurring:

I concur in the judgment and join Part II of Chief Judge Tjoflat’s opinion. I adhere to the view that the panel opinion correctly resolved the issues addressed in Part I of the opinion. See Clisby v. Jones, 907 F.2d 1047 (11th Cir.1990).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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