a motion should have been filed and would have prevailed the reason goes to the basic question of what type of protection do we need when you're talking about a fourteen year old faced with officers who have two years and years of interrogation and what we have from the record in this case is a very sophisticated retied interrogation the and this is what distinguishes the case from derek the case of dealt with both in state court and for the district court as well there isn't this is not a case involving police for overreaching on the country this is a case exactly involving police overreaching at the record just right developing a report here with him to try to and what they do is they confront him with the statements of the two girls and then state what you know the kind of biased can you solve this problem first which one of them was the perpetrator of the crime so  i'm saying that on the totality of the circumstances of this case when they are saying they have a statute that was requiring them to contact the parents where they are have been intentionally developing report in order to induce them to make that first and that's exactly the reason why allowing officers to play this type of sophisticated game to to try overbearing the will of the person to get them to talk when they know that it's against their interest to talk but if you want to talk  came spilling out from the start that was still under the circumstances that case you still have to look at the totality and it's not sufficient to just because he thought that you could if you wanted to talk he was providing information because it's in the context wrong and i would also contend that not only is it wrong but i guess if it had been such a rush to have a vote on this record with a fourteen year old and the supreme court case although we have especially after roe for this get with it that you would have prevailed on that and that that was giving him more time than i should have got under the guidelines at one eighty one page nineteen and it had an additional eighteen months on top of the one twenty one which the sentencing grid walk said was my maximum time when eighty one page twenty the affidavit of counsel in this case is extraordinary because it says not a word about plea negotiations and advice regarding the advantages or disadvantages of  it talks about trial prep and basically spent his whole time preparing for trial and not a syllable about preparing for what matters in a case like this and then we also have the testimony during the discussed the matter between counsel there's not a word that supports that and the district court also saying i'm looking at this like hear what the judge is saying it's but i'm very concerned because it doesn't really say that there was power stations about  in fact there there wasn't according to the undisputed testimony during the post in fiction trial they also relied very strongly on a very interesting part of it and that is that the they say that because he said he wanted to plead the they certainly didn't say that he was not charged with aggravated murder and our position i think we have to wrap is that there was no basis for such a charge especially given the only statements are about i intended and the statements frankly co no no that that that you that the stabbing was it to be in the course of a robbery it was not intended to kill which was what she did and that's what you responded in surprise to that that was both in the both in the in the report statement the in the red brief i've explained were issues that were not preserved were lots of students and explain and i intend to point those out when possible but at the beginning i would just like to ask the court to pay particular attention to the to those arguments in the attorney in the juvenile proceeding the waiver proceeding provided ineffective assistance of counsel and this court implicitly acknowledged what the district court held in that case which was that that essentially the petitioner waive the admissibility of the petitioners confession in the juvenile in the juvenile waiver of receiving likely because and in fact i think the record bears this out because he knew it could be challenged and they subsequent adult proceeding if it ever came to that the record shows that he used pieces of the petitioners confession to his advantage to argue to the juvenile court other the court should not be waiving the juvenile but that he contemplated and there's evidence in the record show that he knew  that i wanted to address because that's one place where petitions argument on appeal parts ways with the argument that he made in the district court in the district court his argument words he may have talked about the totality of the circumstances he may have stated that standard in this briefing and so that the court and actually i think that was the same in the in the state courts and post conviction courts well that was the basis for the claim that i have to tell my parents with me the court rejected that claim and that's the  orts decision on that basis was not contrary to or no reasonable application of supreme court precedent and in fact not even a reason modification of this court's precedent under the derek case which is the case where the where this court clearly stated that supreme court has ever addressed the particular situation that issue here where a juvenile was waved into adult court but definitely the brady trilogy is the case were that the doctrine sort of emerged and t know i think the theory is that the court can affirm on any basis that the record supports because they're affirming that the up whole thing with the district court held in preservation is sort of the other side of that coin and that is the theory behind that the that the juvenile attorneys representation somehow rendered his guilty plea involuntary or unknowingly and i believe even in the reply brief the only kind of prejudice that he has is i wouldn't have been there i those filing motions because he was intoxicated at the time realize you've made a mistake and then it was because a mistake that he didn't keep thinking about suppressing on the other grounds that were available lastly under both twenty two thirty four