context: However, the issues were available to Interiano's post-conviction counsel as evidenced from Interiano's own original pro se Rule 29.15 motion, in which he alleged that he had not been able to communicate with his trial attorney or understand and participate in the trial court proceedings. Thus, it was his post-conviction counsel's failure to raise these available claims and pursue them in the state court post-conviction proceedings, not a deficiency by his trial counsel, that resulted in the procedural default.
citation_a.signal: see also
citation_a.identifier: 381 F.3d 744, 752
citation_a.parenthetical: "In order for deficient trial work to constitute the kind of 'cause' that would excuse a procedural bar ... petitioner [also] must have independently presented this ineffective assistance claim to the state court for adjudication."
citation_a.sentence: See Osborne, 411 F.3d at 919-20 (finding no cause to excuse the procedural default of a claim of ineffective assistance of trial counsel where the claim was presented in the petitioner’s Rule 29.15 motion but was not pursued on appeal); see also Carrier, 477 U.S. at 489, 106 S.Ct. 2639 (“The principle of comity that underlies the exhaustion doctrine would be ill served by a rule that allowed a federal district court to upset a state court conviction without an opportunity to the state courts to correct a constitutional violation, ... whether an ineffective assistance claim is asserted as cause for a procedural default or denominated as an independent ground for habeas relief.” (internal citations and marks omitted)); Clemons v. Luebbers, 381 F.3d 744, 752 (8th Cir.2004) (“In order for deficient trial work to constitute the kind of ‘cause’ that would excuse a procedural bar ... petitioner [also] must have independently presented this ineffective assistance claim to the state court for adjudication.”), cert. denied, — U.S. —, 126 S.Ct. 41, 163 L.Ed.2d 75 (2005).
citation_b.signal: see
citation_b.identifier: 411 F.3d 919, 919-20
citation_b.parenthetical: finding no cause to excuse the procedural default of a claim of ineffective assistance of trial counsel where the claim was presented in the petitioner's Rule 29.15 motion but was not pursued on appeal
citation_b.sentence: See Osborne, 411 F.3d at 919-20 (finding no cause to excuse the procedural default of a claim of ineffective assistance of trial counsel where the claim was presented in the petitioner’s Rule 29.15 motion but was not pursued on appeal); see also Carrier, 477 U.S. at 489, 106 S.Ct. 2639 (“The principle of comity that underlies the exhaustion doctrine would be ill served by a rule that allowed a federal district court to upset a state court conviction without an opportunity to the state courts to correct a constitutional violation, ... whether an ineffective assistance claim is asserted as cause for a procedural default or denominated as an independent ground for habeas relief.” (internal citations and marks omitted)); Clemons v. Luebbers, 381 F.3d 744, 752 (8th Cir.2004) (“In order for deficient trial work to constitute the kind of ‘cause’ that would excuse a procedural bar ... petitioner [also] must have independently presented this ineffective assistance claim to the state court for adjudication.”), cert. denied, — U.S. —, 126 S.Ct. 41, 163 L.Ed.2d 75 (2005).