Lee-Kendrick v. Eckstein

Defendant procedurally defaulted claim in his habeas petition that his post-conviction counsel was ineffective for failing to raise issue that his trial counsel was ineffective for failing to call impeachment witness in his trial on sexual assault charges. Record showed that: (1) after state court denied defendant’s pro se petition raising ineffective assistance of post-conviction counsel claim, state appellate court affirmed said denial on ground that defendant had failed to adequately plead his ineffective assistance of post-conviction counsel claim, by demonstrating that instant impeachment claim was stronger than claims raised by post-conviction counsel; and (2) state appellate court’s holding constituted adequate and independent state-law ground that formed basis of instant procedural default of said issue that, in turn, supported instant denial of defendant’s habeas petition. Moreover, defendant could not demonstrate cause for default and actual prejudice as result of violation of federal law to qualify as exception to procedural default rule, where defendant failed to comply with Wisconsin pleading rule. Ct. further noted that defendant’s ineffective assistance of counsel claim was, at best, only equal to and not stronger than other claims raised by post-conviction petition.