when she got on to the floor of the or roman enacted our my client stabbed the victim in this case the reason why he did though that was not because of anything in his control at the time he wanted to get the two people waiting in the hallway to testify to confessions made by mr burckhardt that he was in fact a murderer but he was not allowed to do that because under the chamber's analysis the court found to prison compelled to find it retroactive even if we were to put that to the side arm why is your case similar enough to mccoy which involved as you  say basically making an argument about whether or not there was actual innocence as opposed to this case where regardless of the artful most of mr rankin's argument he was clearly arguing in the alternative the government hasn't proven beyond a reasonable doubt that my client is the one who stabbed the victim but if you don't agree with me want to look at self defense how is that similar enough even getting beyond the procedural issue is similar enough because mr rankin never would have admitted the atis re s over his client's if he hadn't been forced to she was forced to him according to the outrageous and very overwhelming nature of the evidence in that case it didn't make it right but i think that was the hand he was dealt with in this case mr rankin was dealt with a continuing propecia will a lie that has faced every court that has analyzed chambers in this case they all said right down the line that there was no because burkhardt was never identified but in fact we learned on march th two thousand and fifteen through that just me yes through the testimony of phil schmidt that on july th nineteen  ago it was behold i think right by counsel and that may give you a basis for following another rule forty in the circuit court but how does that bring you within macor i mean i presume in this case the reason mr rankin argued self defense was because the court gave us off the fence instruction to the jury right yesterday you know what the best way to get to that point is is to read from the binding a behavior score judge kob ashi wrote this at the outset of the trial the defense's strategy was to establish the petitioner did not kill comic con by the time of closing arguments however trial counsel alley altered the defense's strategy and presented self defense in extreme emotional disturbance as alternative arguments the court finds that under the circumstances the trial this decision was within the wide range of professional competent assistance as discussed supra part invoke the th amendment will call defense witness and the trial court excluded the witnesses who would have testified that her car confessed to killing of a bomb these events certainly heard the defense's ability to establish that another person namely burckhardt killed trial counsel strategic decision to argue self defense and extreme emotional disturbance was objective leap reasonable under the circumstances i would never have happened if we would been told the truth about that identification and never would have happened that's why court constitutional baps and one of those core constitutional facts was a order by the district court an order by judge which mandated that that identification be turned over justice resulting from the district court's two thousand and eight judgment mr fisher would have filed such an application and unfortunately in this case judge this this place incorrectly and i would argue unfairly no i don't believe so judge because by not allowing this court to proceed as a rule sixteen gig then this this court would be at that point somehow justifying or allowing this is  that decision sheet that evidence from mr base changed him after his decision to go forward and and and admit over his objection that he stabbed him become so your terms expired but we will give you some the argue that extensively he made numerous fact based arguments trying to show there was a reasonable doubt as to whether christian committed the stabbing for example saying there was no blood on christian's gloves saying the explicitly now i'm going to make an alternative argument i don't know what happened but i'm going to argue there might be reasonable doubt as to self defense he went down that path and made those arguments but it was always done in the explicit alternative and while there's not a lot of the flaw in this there is some we side of the james vs florida department of corrections case out of i believe the middle district of florida and twenty one thousand dollars which said making an alternative argument  kernel it showed that rankin wanted to abandon the argument that christian did not commit the stabbing and focus on but christian rejected doing that that's what the letter said but rankin did argue that christian didn't do it  action although here i think i think some of the disconnect is that mccoy if if anthony rankin had said yes he stabbed him but it was self defense then you might have  how he said well i don't know whether he did it a lot here's a bunch of reasons for you to find out who didn't commit the stabbing but if you do find the stabbing then let's talk about whether it was self defense so there's not a there's not an explicit versus ryan out of the district of arizona last year with one of those cases and you know the supreme court in power versus cain twenty years ago noted that it all it was unlikely there were a watershed rules that had yet to emerge at that point and it hasn't tell the jury that he stabbed kaba khan the district court acknowledged this in two thousand and eight the defendant council's conduct on a strictly test and his misguided premise that there was not strong evidence to corroborate the burckhardt confessions after that this is what the state wrote it to share i gues that schmidt's identification of a photo of her car to someone else present present that the crime scene was somehow kept from the eight years for that is plainly and i'm just you to believe through these contortions in his closing argument if he had that evidence you could have gotten in the two confessions to murder waiting in the hallway those anything here to get under your right your time your time is up if you have something you want to conclude with go ahead judge i just don't think a judicial is stoppable concept of fairness concept of ordered liberty demand that that reversal and position be addressed even if it's within the concept how mccoy was acted by that purposeful suppression thank you counsel thank both counsel for their helpful arguments are geared will be submitted and with that we are adjourned for the day thank you