Lewis E. Ashker v. Joseph Class, Warden, South Dakota Penitentiary, and Mark W. Barnett, Attorney General of South Dakota

*866MORRIS SHEPPARD ARNOLD, Circuit Judge.

A state court jury in South Dakota convicted Lewis Ashker of a murder that the prosecutor contended took place on June 13, 1985. The South Dakota Supreme Court affirmed Mr. Ashker’s conviction on direct appeal, see State v. Ashker, 412 N.W.2d 97 (S.D.1987), and also affirmed the denial of his petition for a state writ of habeas corpus, see Ashker v. Solem, 457 N.W.2d 473 (S.D.1990).

Mr. Ashker then petitioned for a federal writ of habeas corpus under 28 U.S.C. § 2254. He asserted five grounds for relief: (1) the prosecutor’s failure to disclose exculpatory…