Where a procedural default is the result of ineffective assistance of counsel and the state's responsibility, can the state use laches to avoid correcting a miscarriage of justice?

QUESTIONS PRESENTED 1. Where a procedural default is the result of ineffective assistance of counsel and where the sixth amendment requires that responsibility for the default to be imputed to the state, can the state circumvent that responsibility with laches to avoid correcting a miscarriage of justice? ; 2. Can a state create a liberty interest right to a fair trial, protected under the 14th amendment to instruct on lesser included offenses with or without a request, and deny that same right with laches? And is that abuse of discretion?