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MAGWOOD v. WARDEN, ALABAMA DEPT. OF CORRECTIONS

No. 07-12208.

664 F.3d 1340 (2011)

Billy Joe MAGWOOD, Petitioner-Appellee, Cross-Appellant, v. WARDEN, Commissioner, ALABAMA DEPARTMENT OF CORRECTIONS, Attorney General of Alabama, Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 19, 2011.

Attorney(s) appearing for the Case

Corey Landon Maze , Attorney General, Beth Jackson Hughes , Attorney General's Office, State of Alabama, Montgomery, AL, for Respondents-Appellants.

Jeffrey L. Fisher , Stanford Law School, Stanford, CA, James A. Power, Jr. (Appointed by District Court), Marguerite Del Valle (Appointed by District Court), Power Del Valle LLP, New York, NY, for Petitioner-Appellee.

Before DUBINA, Chief Judge, TJOFLAT and BLACK, Circuit Judges.

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...

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