merit, counsel is not ineffective in declining to raise the issue on appeal). Recommended Disposition For the foregoing reasons, I respectfully recommend that the habeas corpus petition be denied. Dated: June 9, 2008 1 . The trial transcripts reflect that Petitioner’s brother’s name was spelled "Gonzales.” In various other portions of the record, Victor's name was spelled "Gonzalez.” For consistency during this report and recommendation, I have used "Gonzales” throughout, except when quoting from pleadings containing the other spelling. 2 . The claim appears procedurally defaulted as it was not raised on direct appeal and it was denied on collateral review under Mich. Ct. R. 6.508(D). However, for the sake of efficiency, the claim is addressed on the merits. See Hudson, 351 F.3d at 216 (<HOLDING>). 3 . I previously have discussed Petitioner’s
holding that the convention claim was procedurally defaulted holding that court may address procedurally defaulted claim on the merits where it is more efficient to do so holding that when the last state court to consider the claim summarily denies relief we look to the last state court to address the claim to determine if it considered the claim procedurally defaulted holding that a habeas claim is procedurally barred where it was already raised on direct appeal and decided on the merits by this court holding that an argument not raised before the district court is procedurally defaulted