This court has suggested that review of a claim in the context of an ineffectiveness assistance claim does not necessarily constitute review of the substantive claim. See Waterbury v. Nix, 935 F.2d 943, 945 n. 3 (8th Cir. 1991) (per curiam) (reviewing Iowa law). However, "[b]ecause the state did not raise the [possibility of a] procedural default in the district court or on appeal," a federal court may consider the procedural defense waived and review the merits of a habeas claim.