¶1concurring.
¶2[¶ 15] I agree with and have signed with the majority. I write separately to note *750that it would be nearly impossible for a petitioner to succeed on an ineffective assistance of counsel claim based on the attorney’s alleged errors at a preliminary hearing after being found guilty by jury when counsel was not found to be ineffective at trial. The burden of proof required to convict, beyond a reasonable doubt, is quantum leaps higher than the burden of proof at a preliminary hearing, which only requires probable cause. Absent a showing by Roe there was no probable cause for the charges at the preliminary hearing, his allegations fail regardless of any alleged errors by his attorney.
¶3[¶ 16] Lisa Fair McEvers