Order granting

Question 1

2 strongest parts of state case

Answer 1

Question 2

Why did kubiak not get d interview?
Why prejudiced?
Judges observation regarding contradiction
Arg: kubiak contradiction
Arg: Kubiak’s error re strength of case
Arg: potential?

Answer 2

Arg: Kubiak says state’s case is strong, knows it isn’t.
Arg: though at times Kubiak says state case strong, doesn’t follow any options for testing that
Arg: Judge says “potential” here but makes clear that there’s a probability elsewhere.

Question 3

Four failures in tandem with two cited by the court
Cite:

Answer 3

Cite: 192 pg 25

Question 4

8 failures
Motions to file?
Judge meeting finding

Answer 4

Daubert re “not inconsistent”
184 pg 24

Question 5

Presumption of effectiveness…
Cases cited

Answer 5

Question 6

Standard cited for self serving
Standard for plea v trial

Answer 6

Question 7

K Knowledge of plea offer per court
But K confronted w exhibit nos
Court finding re offer cite
Court notes K test that “we did not at any time…”

D: no K discussions about XX; resources

Answer 7

K Knowledge of plea offer per court pg 17 para 132
But K confronted w exhibit nos para 133-34
Court finding re offer cite: pg 17 para 134
Court notes K test that “we did not at any time…” para 134

D: no K discussions about XX; resources para 140

Question 8

Order:
Evidence of guilt
Arg re consistency

Answer 8

“Not inconsistent” w child statements - not inconsistent w inconsistent statements

Question 9

Borio Plea offer date
Safe house alert dates

Answer 9

Question 10

Date Kubiak retained
TC FTA dates
State response to lack of entry, date
State action re protective order

Answer 10