Michael Jenner v. Joe Class, Warden, South Dakota State Penitentiary Mark W. Barnett, South Dakota Attorney General

JOHN R. GIBSON, Circuit Judge.

Michael Jenner was found guilty by a South Dakota state court jury of premeditated murder, conspiracy to commit murder, and accessory to murder. His convictions were affirmed on all direct appeals. He filed a petition for writ of habeas corpus, which the district court 1 denied. On appeal, Jenner contends that he was provided ineffective assistance of counsel and his trial was fundamentally unfair because of the trial court’s refusal to sever his trial from that of his co-defendant. He also argues that the evidence was insufficient to convict him and he was…