Perley Winkler v. Mike Parris

SUHRHEINRICH, Circuit Judge.

Perley Winkler, Jr. was convicted in Tennessee state court of two counts of attempted first-degree murder and one count of attempted aggravated arson. He now petitions for habeas relief, alleging his appellate counsel was constitutionally ineffective for failing to submit a small portion of his trial court record on appeal. He asserts that under Entsminger v. Iowa , 386 U.S. 748 , 87 S.Ct. 1402 , 18 L.Ed.2d 501 (1967), the failure to file a portion of the record entitles him to presumed prejudice in the ineffective-assistance analysis. We reject Winkler's argument,…