Magouirk v. Warden Winn Corr Ctr

CUDAHY, Circuit Judge:

On July 31, 1986, a Ouachita Parish, Louisiana grand jury indicted Petitioner Kenneth Magouirk for the first degree murder of Katherine Thomas. In October 1986, the government amended the indictment to charge Magouirk with second degree murder. At Magouirk’s first trial, in 1987, the jury was also instructed on lesser included offenses. The jury found Mago-uirk guilty of manslaughter, and in September 1987 Magouirk was sentenced to serve 21 years at hard labor. In October 1995, he filed a petition for habeas relief under 28 U.S.C. § 2254 in the Western District of…