James Faldon Turnbow v. Dr. George J. Beto, Director, Texas Department of Corrections

CLARK, Circuit Judge:

On this second appeal from the denial of Turnbow’s third federal habeas corpus petition we affirm the district court’s finding that Turnbow was adequately advised of his right to appellate counsel. We also affirm the denial of habeas relief on his claim of lack of counsel at sentencing — not on the merits of the claim but rather because the issue has never been presented to the state courts of Texas.

On the first appeal in this case, we found that Turnbow’s present petition presented a new ground for habeas relief — specifically, the abridgment of his right to a direct…