SIEBERT v. ALLEN

No. 05-16646.

455 F.3d 1269 (2006)

Daniel SIEBERT, Petitioner-Appellant, v. Richard F. ALLEN, Commissioner, Alabama Department of Corrections, Charlie E. Jones, Warden, Troy King, The Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 13, 2006.


Attorney(s) appearing for the Case

Leslie S. Smith, Fed. Defender's Office, LaJuana S. Davis (Court-Appointed), Equal Justice Initiative of AL, Montgomery, AL, for Siebert.

Kevin Christopher Newsome, J. Clayton Crenshaw, Montgomery, AL, for Respondents-Appellees.

Before TJOFLAT, BARKETT and WILSON, Circuit Judges.


BARKETT, Circuit Judge:

Daniel Siebert appeals the district court's dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. On appeal, Siebert argues that the district court erred by dismissing his petition on the ground that his claims were procedurally defaulted. He further argues that even if his claims were procedurally defaulted, he demonstrated cause and prejudice sufficient to overcome the default.

In 1987, Siebert was convicted...

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