United States Sixth Circuit

A habeas petitioner is chargeable with his attorney's failure to timely assert a claim, and with the consequences of failing to do so; thus, petitioner's ineffective assistance of counsel claims were barred on the ground of procedural default when raised for the first time in second petition for post-conviction relief.

Appellate Information

• Decided 03/11/2002
• Published 03/11/2002

Judges

• Before:  BOGGS, Chief Circuit Judge;  MERRITT, MARTIN, NORRIS, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen M. Kissinger, Federal Defender Services, Knoxville, TN, for Appellant.  Jennifer L. Smith, Office of the Attorney General, Nashville, TN, for Appellee.   ON BRIEF:  Stephen M. Kissinger, Federal Defender Services, Knoxville, TN, for Appellant.  Jennifer L. Smith, Office of the Attorney General, Nashville, TN, for Appellee.