PITTS v. COOK

No. 90-7171.

923 F.2d 1568 (1991)

Albert PITTS, Petitioner-Appellant, v. James COOK, Warden and The Attorney General of the State of Alabama Mr. Don Siegelman, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 21, 1991.


Attorney(s) appearing for the Case

David R. Boyd, Patricia A. Hamilton, Balch & Bingham, Montgomery, Ala., for petitioner-appellant.

Mary Elizabeth Culberson, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before FAY and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


EDMONDSON, Circuit Judge:

In this appeal from the district court's denial of his habeas petition, Albert Pitts challenges his state court conviction on Batson and ineffective assistance of counsel grounds. We agree with the district court that petitioner's Batson claim was procedurally defaulted and that petitioner fails to show the cause and actual prejudice necessary to avoid the procedural default bar.1 We also agree that...

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