United States Sixth Circuit

Where petitioner procedurally defaults on an ineffective assistance of appellate counsel claim, and does not show "cause and prejudice" for that default, the ineffective assistance claim cannot serve as "cause" to excuse defaulted claims.

Appellate Information

• Argued 12/05/2000
• Decided 03/26/2001
• Published 03/26/2001

Judges

• Before:  MERRITT, RYAN, and BOGGS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David C. Stebbins (argued and briefed), Columbus, OH, Dale A. Baich (briefed), Phoenix, AZ, Fredric F. Kay, Federal Public Defender (briefed), Tucson, AZ, for Petitioner-Appellant.


• For Appellees:
  
• Charles L. Wille (argued and briefed), Office of the Attorney General, Columbus, OH, for Respondent-Appellee.