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PCR Exhibits - Alaska State of Corruption

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ecause after you’re done I still have to make deals with<br />

him”. Chuck Robinson said I wasn’t paying him to use Brent<br />

Cole’s Ineffectiveness for my defense. This is an<br />

absolutely unbelievable statement. Just what did Chuck<br />

Robinson think I was paying him for<br />

“One type <strong>of</strong> actual ineffectiveness claim warrants a similar,<br />

though more limited, presumption <strong>of</strong> prejudice. In Cuyler v.<br />

Sullivan, the Court held that prejudice is presumed when counsel<br />

is burdened by an actual conflict <strong>of</strong> interest. In those<br />

circumstances, counsel breaches the duty <strong>of</strong> loyalty, perhaps the<br />

most basic <strong>of</strong> counsel's duties. Moreover, it is difficult to<br />

measure the precise effect on the defense <strong>of</strong> representation<br />

corrupted by conflicting interests. Given the obligation <strong>of</strong><br />

counsel to avoid conflicts <strong>of</strong> interest and the ability <strong>of</strong> trial<br />

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 />

Standard 4-3.6 Prompt Action to Protect the Accused<br />

Many important rights <strong>of</strong> the accused can be protected and<br />

preserved only by prompt legal action. Defense counsel<br />

should inform the accused <strong>of</strong> his or her rights at the<br />

earliest opportunity and take all necessary action to<br />

vindicate such rights. Defense counsel should consider all<br />

procedural steps which in good faith may be taken,<br />

including, for example, motions seeking pretrial release <strong>of</strong><br />

the accused, obtaining psychiatric examination <strong>of</strong> the<br />

accused when a need appears, moving for change <strong>of</strong> venue or<br />

continuance, moving to suppress illegally obtained<br />

evidence, moving for severance from jointly charged<br />

defendants, and seeking dismissal <strong>of</strong> the charges. Brent<br />

Cole refused to look at my case with me and when I pointed<br />

out the search warrants affidavit was based upon perjury he<br />

told me it did not matter and took no action whatsoever.<br />

Chuck Robinson told me the same thing along with “no matter<br />

what Brent Cole did it is too late now to fix it”. Chuck<br />

Robinson told me this over and over and over again.<br />

Standard 4-3.8 Duty to Keep Client Informed<br />

(a) Defense counsel should keep the client informed <strong>of</strong> the<br />

developments in the case and the progress <strong>of</strong> preparing the<br />

223

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