Victor Turner v. Margaret Bagley

OPINION

TARNOW, District Judge.

Victor Turner appeals from the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2254. Turner argues that the exhaustion requirement of 28 U.S.C. § 2254(b)(1)(A) should be excused due to the failure of his state-appointed attorneys and the Ohio State Court of Appeals to adjudicate his direct appeal for more than eight years following his conviction. The respondent State of Ohio argues that Turner’s petition was properly dismissed because the Ohio Court of Appeals subsequently affirmed his conviction while his appeal from the district…