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Christian v. Dingle

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Submitted: June 11, 2009

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

Following a joint jury trial with his two co-defendants 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,*fn1 challenging the state trial court’s decision to join him with his co-defendants. The district court denied David’s habeas petition. On appeal, David argues that he is entitled to habeas relief because his joinder with his co-defendants for trial and the state trial court’s decision not to sever his trial constituted an unreasonable application of clearly established federal law as determined by the Supreme Court in Zafiro v. United States, 506 U.S. 534 (1993). We reject David’s argument and affirm the judgment of the district court.

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