three and he is currently serving two fifteen in your terms we've raised three issues on appeal i plan to spend the bulk of my time on issue one speak of the others towards the end if we have time but obviously you have questions about the other considerable amount of time with the record in this case because i've been doing this for a relatively short period of time and this is i've never seen anything like this in in any other circumstances  thankfully the circumstances around comment but as a consequence of them being on the pond and the legal basis for the claim can be a little confusing and that confusion as shows up in the briefs in the case where misstatement of law or that what happened here is somewhat different than that instead what we have here is a more basic question of whether the facts and case shell and knowing voluntary plea actually those two basic counsel repeatedly no show or showed up very late and when he gave excuses when she did not do very often the excuses were incredible he failed to keep the courts in the or the defense that you had given notice on that defense itself was someone he had given notice of a well the notice was merely the title of an online medical journal that contain investigate the case particularly when there was a witness that he strenuously argued that he wanted to interview and it appears that never interviewed that that witness in terms of the in order to go home this is happening in peoria to go home to chicago to deal with what he characterized as a family emergency we know that there was no emergency still they counsel coerced he heard  no trial and he got to go home substantially sooner than he would have otherwise that's the context and when the in which the plea was taken now the second part of the argument has to do with the judge's reactions all of this representing him probably after being told brought to the attorney was told in front of that person that they turned his word was worthless after witnessing the threats after making it clear that the the think in most situations to rely on defendants objecting to a continuance instead that he would that he was asked if he had anything to say guarantee that mr patten can immediately retaining another council but more importantly it in the midst of all of this behavior came into court with a comprehensive plan to avoid the majority or at least the most dramatic aspects of his misbehavior and the idea that saw it happen was reassured by that response and believed that the council would be held accountable moving forward i think is eminently reasonable considering that the judge of salt was also reassured and promised to hold the council accountable moving forward is intensely on professional behavior including but not limited to the date of the put cell created a coercive environment that led mr patten to believe that his only chance to get a fair trial situation which broke him still and the court were culpable in misleading patten into believing that this was a valid strategy  that it's clear that he knew that he did not want to stay with the plane i think that he made that clear to the court at the time of the plea remember the first thing that happened after the plea was announce as a were happening the judge asked patton has counsel answered all of your questions and this response was yes and the way he says i've got thirty days to appeal this is that right well yes you can appeal it after that you'll have the right to appeal it after the sentencing here that's that's the answer a few months they were moving into the post i'll be able to appeal this the answer was well you'll have the right to appeal after the sentencing hearing that  in a situation in which someone had is being it in a situation where someone believes that they're going to be able to magically with rather quick which we all know is not the  fact that was created not just by counsel's behavior but how report that with that behavior and i think that anyone in the circumstances and a reasonable person in those circumstances who was not well versed on the w feel that it was reasonable to move forward in the way that this patent it that that's out that's our position it's not so much that the judge contributed to the  that his role was worthless situation with think that that job was going to force you to continue on with that plea i think that any reasonable person in that situation with think that this is a i don't usually like to use that word but yes yes that i think that the record this is kind of a hold on responses in our brief but to try to show it not up a little bit we have explain how this guilty plea was voluntary and that's the first question if you want to set aside guilty plea and really shown how that happened this defendant this counselor who went through the guilty plea was just third private counsel and during all of the time where this attorney was having some personal problems and he did show up late new york times he wasn't there when he was supposed to be i think it it's been traumatized in front of you today i don't think it was quite as bad as councils making out but it's all good not so good you know i mean that you know that's that's really disrespectful didn't realize you spent that much time with this defendant i didn't realize you'd interviewed that many people i didn't realize that the day of trial you know you were ready for trial and they had a conference with the trial the judge responded all right we'll go to trial bob let's bring new jury in and after walking back and forth couple more times the defendant was told i'm going to start picking this jury if you're not going to take a plea now and new a defendant said let's go ahead and go with the plea you know the fact that the defendant just waffling i you know i think sort of understand that but that doesn't mean that there's any jury trial this often happens there are some defendants many defendants who show up for trial and they have the jury trial and when they find out there's a jury panel here they don't want to go through  the record doesn't support that did they amount to ineffective assistance of counsel not based upon this record this guilty plea was clearly voluntary and the judge did all the court with her and all the defendant can do is throw expletives asked her over and over again just being high if you want to be true magic about somebody going off the record take a look at what he had to say about play defendant was ready for a jury trial he testified to that but his attorney was talking about the nine year mark and the defendant expect in nine years because i don't have no the pre sentence report proved that the defense statement on growth here was not true he did have a prior record he then admitted that a fifteen year sentence was possible and that if he had not accepted sentence was possible that's true he had knowledge that attorney jamison told him they could proceed to the jury trial but the defendant felt that jamison was distracted by his own problems as the defendant witness a doctor who are all going to testify as to the abuse of these children you talk to him for forty five minutes to talk to the defendant's sister and mother numerous times talk to the child victim's mother another potential witnesses well a motion for pon three duction response to requests to submit other crimes evidence and then there were other pleadings filed for a trial he stated that he had he felt that he was up to speed in the case and he was prepared for trial on a jury so he was prepared for trial and would have gone to a jury trial for the defendant hadn't decided to take this guilty then again he spoke to his family  the trial judge at this hearing then he noted that the problems with attorney jamison and the defendant he knew that they had gone on for some period of time but he found that the defendant had ample opportunity to change attorneys finding of fact by the trial judge in you know in some yes there's some problems but the question is whether or not they rendered the guilty plea involuntary whether or not there was any ineffective assistance of coun wrong as our first thought just destroyed i think that you're absolutely right in terms of your characterization of the facts of that day that's that that's certainly how i read the record and i think that it goes to the the option being plead or go to trial with this guy who is literally begging to leave who would not think that cleaning is a good idea in that situation and after being told by the mind at least that of course if he continued on with with with mr jameson and remember that there was there is a cadre out there i am i am  satisfied with his representation as long as he takes the case seriously and start showing up and it's true that you continue to you know he showed up after that but he certainly didn't take the case seriously i think that it's a serious distortion to suggest that it's that hadn't had it any more than the minimal part in i don't i don't have the record that has his criminal record memories but i do not recall anything nearly as serious as this in that record and frankly i don't think that his character is particularly relevant successful the fact that he is in the system does not make him an expert in the system and i mean this is the sort this is an extraordinary situation and i'm not sure  the some lesser offense in the past repairs one for that the circus that he faced that day now in talks in terms of whether i had i again this is my reading of the record but i'm certainly not trying to holler that that reading and way this is that this was a remarkable set of circumstances  see that the only other point that i wanted to make is to clear by justice quarter when you were asked you know mr jameson is being evicted the the point was that he was not court not the point but one point was that he was not being evicted that day we don't know if we know that he had a case we don't know if that case was in the foreclosure  portion of those proceedings if it had gone all the way to eviction we do know that he was not in fact being infected that week so i out that that counsel's testimony where he said that and he also said that he had been prepared to go to trial that same testimony he said that he had not been the plea counsel that he had been fired before the waiting that's that patton was facing charges that he apparently wasn't facing that is i mean i'm not i'm not sure if it's appropriate at this point since it's talked about you know the credibility of that testimony but there are serious problems