collateral review of a conviction on that question i worked whether the clock is running or not running it during that period is now before the  that part of twenty to forty four d to about how long you stay petition is pending whether the time or denies the state petition  you do that if if you disagree with my argue my alternate argument so moving to the alternate argument i want to just spend a little time going over the dates that mr fairweather was made basic idea is that witness but was also potentially threatening they were there was a threat that he was going to be charged as an accessory after the fact so the idea is that because of the plaster county's pub public defenders loyalty to the sun only serious case that sort of was being developed there's evidence that they were doing some psychiatric work looking at mental health defenses and  have because in the memorandum prepared by the defense attorneys for the king to reveal various conflicts but they don't even mention the representation of the son so had been living with the mother for a lot of his teenage years was living independently for a while mr fairweather my client the father didn't know about the criminal action his son charged as an accessory to a murder he would have had great problems and so i see i have two minutes left i must do you have any other questions right now i'd like to reserve by justice ken kennedy on the court's holding only tieing only petitions cause an application to be retroactively pending so there go you cannot have tolling if you don't file any petition at all because there's nothing to but when a proper properly filed state petition is pending so it's a different statute basically so i don't think there's any way they would be able to get around the statute or the part of u s supreme court hol conflict of interest claim the record is rife with references all throughout his petition as a matter of fact indicating that that he knew about the conflict of interest you can't explore that potential conflict and he declined to do it his claims in the petition are in direct contradiction to his statements in open court number one number two is actual petition isn't in contradiction is contradicts the appe documents on june twelfth when court per year of age was divulged to me as being represented by the public defender at the very latest the district court is absolutely correct in saying that the time starts around at that point and so there is no way that the united states supreme court but we don't know what the united states supreme court is going to hold they're going to interpret the very provision that's at issue in this case and i believe that's the clay case they said that and i recognize it's a different context like for various reasons they decided you get those ninety days whether or not you file your petition i don't know what the united states supreme court will do and o versus florida they might limit their holding to people who actually file but they might not and they might give everyone the ninety days so that is why you do not  conflict proceedings it's shocking that there was nothing in the clerk's transcript about them no record of them his attorneys that he hired or had on appeal and his behavior as a trainee didn't know exist because