David Foster v. Warden, Chillicothe Correction
Filing
OPINION filed: Foster established cause and prejudice for his untimely petition in state court. On the merits of his claim, however, Foster failed to show prejudice from his counsel s performance. Accordingly, we AFFIRM on the merits the district court s dismissal of Foster s ineffectiveassistance-of-counsel claim. Decision not for publication. Richard Allen Griffin, Circuit Judge; Helene N. White, Circuit Judge and Jane Branstetter Stranch, Circuit Judge (AUTHORING).
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