Magwood v. WARDEN, ALABAMA DEPT. OF CORRECTIONS

BLACK, Circuit Judge:

Alabama death-row inmate Billy Joe Magwood’s 28 U.S.C. § 2254 petition was partially granted by the district court on his claim that his death sentence violated the fair-warning requirement of the Due Process Clause because it was based on Ex parte Kyzer, 399 So.2d 330 (Ala. 1981), which was decided after he committed his offense and was retroactively applied to his case. Magwood v. Culliver, 481 F.Supp.2d 1262, 1287 (M.D.Ala.2007). The State of Alabama then appealed the district court’s grant of relief on the fair-warning issue, 1 asserting the district court erred when…