his wife were asked to come to the Sheriff's Department for further questioning. Both agreed and Petitioner maintained his innocence.
On June 7, 1984, the authorities obtained arrest warrants for Petitioner for possession of marijuana and failure to report. Later that day, Petitioner was arrested at his place of employment. The authorities wanted Petitioner to take a polygraph test at the FBI offices. Petitioner's attorney instructed him that he was not required to take the test. Petitioner took the polygraph test in the absence of his attorney. Petitioner was then returned to the jail at which time Petitioner unsuccessfully attempted to contact his counsel. Petitioner then talked to investigators again. During this time, the authorities attempted to contact Petitioner's counsel. During the early morning hours of the following day,proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome."[3]Id. at 694, 104 S.Ct. 2052.
Petitioner was first represented by Kenneth Krontz who was present with Petitioner at the June 13, 1984 hearing on the issue of appointment of counsel. Krontz was appointed as temporary counsel. On June 14, 1984, Alden Snead was appointed as permanent counsel. Subsequently, Krontz and his associate, Jennifer McLeod were appointed to assist Snead.[4] Snead represented Petitioner at the June 26, 1984 preliminary hearing. Petitioner was indicted on July 17, 1984. The first Unified Appeal Procedure was held on September 20, 1984. A Jackson-Denno hearing was held October 18-19, 1984.

1. Admission of guilt
Petitioner argues trial counsel admitted to the jury during opening and closing arguments that