Christian v. Dingle

SMITH, Circuit Judge.

Following a joint jury trial with his two codefendants in state court, David Kenneth Christian (“David”) was convicted of two counts of second-degree unintentional felony murder and one count of first-degree assault. David filed a petition for a writ of habeas corpus in district court, 1 challenging the state trial court’s decision to join him with his codefendants. The district court denied David’s habeas petition. On appeal, David argues that he is entitled to habeas relief because his joinder with his codefendants for trial and the state trial court’s decision not to…