Derrick R. Parkhurst v. Duane Shillinger, Warden of the Wyoming State Penitentiary, Wyoming Attorney General

BRORBY, Circuit Judge.

Petitioner Derrick Parkhurst appeals the judgment of the district court refusing to hear his claim of ineffective assistance of appellate counsel brought pursuant to 28 U.S.C. §. 2254. For the reasons stated below, we affirm. 1

Petitioner was convicted of first degree murder and assault with a deadly weapon. In his direct appeal, petitioner argued that (1) the vehicle in which he was riding after the crimes were committed was stopped by police without probable cause and the evidence seized therein should have been suppressed; (2) the consent to search the vehicle was…