The following excerpt is from Cantone v. Superintendent, New York Correctional Facility at Green Haven, 759 F.2d 207 (2nd Cir. 1985):
In his brief before the district court, petitioner enumerated three principal defects in his representation by appellate counsel, none of which rise to the level of ineffective assistance of counsel for the purpose of the present analysis. Indeed, only one of the three is relevant to petitioner's failure to raise the mistrial issue in a timely fashion. That defect involves his attorney's failure to raise the issue on appeal after allegedly agreeing to do so. Petitioner suggests that this failure constitutes cause under Wainwright v. Sykes.
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