Turner v. Miller

SUMMARY ORDER

Petitioner-appellant Darien Turner appeals from the October 29, 2003, judgment of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge) denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Familiarity with the facts and procedural history is assumed.

On appeal, Turner contends that: (1) his counsel was constitutionally ineffective for failing to properly file a notice of appeal; and (2) this ineffectiveness claim was not procedurally defaulted, and, in any event, petitioner can show cause and prejudice to…