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PRESNELL v. KEMP

No. 86-8369.

835 F.2d 1567 (1988)

Virgil Delano PRESNELL, Jr., Petitioner-Appellee, v. Ralph KEMP, Warden, Georgia Diagnostic and Classification Center, and Michael J. Bowers, The Attorney General of the State of Georgia, Respondents-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 11, 1988.

Attorney(s) appearing for the Case

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondents-appellants.

John L. Taylor, Jr., Vincent, Chorey, Taylor & Feil, John L. Schaub, Chorey & Taylor, Atlanta, Ga., for petitioner-appellee.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

TJOFLAT, Circuit Judge:

It is settled law that a state prisoner may not obtain federal habeas corpus relief on a claim that the state courts refused to hear because the petitioner did not raise his claim seasonably at trial or on direct appeal from his conviction, unless the petitioner shows cause for not raising the claim and resulting prejudice. See Wainwright v. Sykes, 433 U.S. 72

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