Académique Documents
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No. 12-7270
JOEY H. JOHNSON,
Petitioner Appellant,
v.
WARDEN OF BROAD RIVER CORRECTIONAL INSTITUTION,
Respondent Appellee,
and
STATE OF SOUTH CAROLINA; WILLIAM R. BYARS, SCDC Director,
Respondents.
Appeal from the United States District Court for the District of
South Carolina, at Aiken.
J. Michelle Childs, District Judge.
(1:11-cv-02754-JMC)
Submitted:
Decided:
March 8, 2013
PER CURIAM:
Joey
H.
Johnson
appeals
from
the
district
courts
previously
granted
certificate
of
appealability
on
the
abeyance
received
counsel
to
permit
ineffective
failed
to
Johnson
to
assistance
file
exhaust
of
his
counsel
requested
claim
when
notice
that
his
of
he
trial
appeal
or
for
his
failure
to
exhaust
based
upon
the
ineffective
court
characterized
its
holding
as
The
limited
The
proceeding
is
in
many
ways
the
equivalent
of
Accordingly,
collateral
exhaust
while
ineffective
proceedings
certain
might
claims,
assistance
constitute
the
Martinez
in
cause
rule
initial-review
for
did
failure
not
to
concern
Id. at
1320.
Thus,
even
assuming
that
Johnson
could
raise
his
state
counsel
postconviction
at
properly
his
proceeding,
postconviction
exhausted
at
that
he
was
represented
hearing,
and
his
hearing.
Instead,
by
claim
was
Johnson
is
got
his
day
in
deprivation
court
of
constitute cause.
at
second
original
day
postconviction
[i.e.
an
appeal]
hearing;
does
not
Cir. 2012).
Accordingly, because Johnson alleges only ineffective
assistance of appellate postconviction counsel, his allegations
do not constitute cause for his failure to exhaust under the
limited exception in Martinez.
the
general
postconviction
Coleman
counsel
rule
cannot
that
ineffective
constitute
4
cause
assistance
for
of
procedural
default.
the
case
Johnsons
attempt
to
exhaust
in
second
postconviction petition.
We thus affirm the district courts judgment.
Johnsons motion for appointment of counsel.
oral
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We deny
We dispense with
contentions
this
court
are
and