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PCR Exhibits - Alaska State of Corruption

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courts to make early inquiry in certain situations likely to give<br />

rise to conflicts, see, e.g., Fed.Rule Crim.Proc. 44(c), it is<br />

reasonable for the criminal justice system to maintain a fairly<br />

rigid rule <strong>of</strong> presumed prejudice for conflicts <strong>of</strong> interest. Even<br />

so, the rule is not quite the per se rule <strong>of</strong> prejudice that<br />

exists for the Sixth Amendment claims mentioned above. Prejudice<br />

is presumed only if the defendant demonstrates that counsel<br />

"actively represented conflicting interests" and that "an actual<br />

conflict <strong>of</strong> interest adversely affected his lawyer's<br />

performance.”<br />

When we meet in person again I want to be able to talk to you and<br />

hopefully the person looking for tactics for my appeal and go<br />

over the many US Supreme Court cases which I believe you may have<br />

already copied which support our position. I also have found<br />

that the American Bar Association Standards point out many more<br />

situations Brent Cole was ineffective.<br />

http://www.abanet.org/crimjust/standards/dfunc_toc.html<br />

I have found a treasure trove <strong>of</strong> actions, which Brent Cole took<br />

while representing me, that are in direct violation with these<br />

Standards.<br />

Standard 4-1.2<br />

The Function <strong>of</strong> Defense Counsel<br />

(a)<br />

Counsel for the accused is an essential component<br />

<strong>of</strong> the administration <strong>of</strong> criminal justice. A court properly<br />

constituted to hear a criminal case must be viewed as a<br />

tripartite entity consisting <strong>of</strong> the judge (and jury, where<br />

appropriate), counsel for the prosecution, and counsel for<br />

the accused. In other words if there is no counsel for the<br />

accused there is no properly constituted court. Brent Cole<br />

in failing to represent only my interests cannot be<br />

considered counsel for the accused. Chuck Robinson, in<br />

representing Brent Cole’s interests and not my own cannot<br />

be considered counsel for the accused.<br />

(b) The basic duty defense counsel owes to the<br />

administration <strong>of</strong> justice and as an <strong>of</strong>ficer <strong>of</strong> the court is<br />

to serve as the accused's counselor and advocate with<br />

courage and devotion and to render effective, quality<br />

representation. Brent Cole never ever advocated for me,<br />

let alone advocated for me with courage and devotion, and I<br />

have yet to find anywhere where he rendered quality<br />

representation. The very first moment my wife Jackie and I<br />

stepped foot in Mr. Cole’s <strong>of</strong>fice he made every effort to<br />

impress upon my wife and I that there was absolutely no<br />

hope and that the only thing we could do was to cooperate<br />

with the <strong>State</strong>. He said, “The Prosecution has probably<br />

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