Ben-Yisrayl v. Neal

Defendant waived his sole issue on appeal regarding Dist. Ct.’s denial of his habeas petition challenging his 60-year sentence on murder charge. Defendant failed to raise in his habeas petition instant issue regarding his trial counsel’s alleged failure to submit certain mitigation evidence and only raised said issue in his Rule 59(e) motion to alter Dist. Ct.’s judgment denying his habeas petition. As such, defendant’s claim was waived.