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PCR Exhibits - Alaska State of Corruption

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Mr. Osterman: Listen<br />

Mr. Haeg: ... the ineffectiveness<br />

Mr. Osterman: But well – not - bear with me for a second. Perhaps ...<br />

Mr. Haeg: Or – or is that attacking the attorney too much<br />

Mr. Osterman: Well first <strong>of</strong> all bear with me for a second. How's the Attorney General in<br />

response to your motion on appeal going to claim that Cole's process was not ineffective He's<br />

goanna have to go to the Strickland test and say, "Strickland doesn't apply". Ok<br />

Mr. Haeg:<br />

Why's that<br />

Mr. Osterman: Well bear with me for a second. Strickland is the only measure <strong>of</strong> Ineffective<br />

Assistance <strong>of</strong> Counsel. The Strickland test coming out <strong>of</strong> the Strickland vs. US case. Ok If<br />

Strick – if the Strickland criteria is there – the <strong>State</strong> can go spit in the wind. Once you've<br />

established that criteria. If I go into the ad homonym attack. Well he did this, knowing that, and<br />

he did this knowing that, I give them fuel to say this is all bullshit judge and you ought to - you<br />

ought to just not even consider it. Because see all the emotional baggage in there<br />

causes damage to the claim. We want to – we want to face the claim in cold steel eyes<br />

and say here it is. In fact slightly understated makes the Court <strong>of</strong> Appeals<br />

understand the nature <strong>of</strong> the claim.<br />

Mr. Haeg: Yep.<br />

Mr. Osterman: Which is goanna lead us <strong>of</strong>f into the bushes and we're not goanna go this, we're<br />

just goanna disregard the claim. But if the claim is on all fours, focusing on Strickland, which is<br />

why I sent you that case very early on. That case is on all fours. That case says "failing to<br />

204

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