Saleem Bey v. Superintendent Greene SCI

OPINION OF THE COURT

McKEE, Circuit Judge.

Saleem Bey appeals the order of the District Court dismissing the habeas corpus petition he filed pursuant to 28 U.S.C. § 2254. He contends that his trial counsel rendered ineffective assistance for failing to object to: (1) a faulty jury instruction on eyewitness testimony (Kloiber instruction); and (2) the prosecution’s comments on his post-Miranda, silence. Bey concedes that his claims are procedurally defaulted, but argues his default should be excused because his post-conviction review counsel’s assistance was ineffective when he failed to raise…