Edwards v. Carpenter

In Edwards v. Carpenter 529 U.S. 446, 120 S. Ct. 1587; 146 L. Ed. 2d 518 (2000) the United States Supreme Court held that "an ineffective-assistance-of-counsel claim asserted as cause for the procedural default of another claim can itself be procedurally defaulted." Thus, a habeas petitioner who did not bring his ineffective-assistance-of appellate counsel claim at the earliest opportunity has defaulted that claim as well as the underlying claim which was defaulted as a result of prior counsel's ineffectiveness. Under Carpenter, a habeas petitioner must show "cause and prejudice" for each one of those defaults. But at least in Carpenter, the habeas petitioner had a cognizable constitutional claim of ineffective assistance of counsel on direct appeal. There is no such cognizable constitutional claim for ineffective assistance of habeas counsel.