mr. garre. mr. garre: thank you, mr. chief justice, and may it please the court: two factors distinguish this case from those in which the court has found cause lacking to excuse a default: first, the state itself had a direct hand in the extraordinary events leading up to the default in this case; and second, the actions of maples' attorneys, which rise to the level of abandonment, are not attributable to maples under agency law or other principles that this court has invoked in determining when attorney conduct may be imputed to a client. that this court has invoked in determining when conduct can be with a client. it the default at issue in this case is not fairly attributable to cory maples. the decision of the 11th circuit should be reversed. for either or both of those reasons, the default at issue in this case is not fairly attributable to cory maples and the contrary decision of the eleventh circuit should be reversed. chief justice john g. roberts: you talk about the state's role. i as

de leeuw's role, mr. garre? >> what we know is what mr. de leeuw has said, which is that he was involved in the case at some point. it's not clear what his involvement was. at the oral argument in the eleventh circuit, he said, on page 302 of the joint appendix, that he was - they were awaiting further action from the court. so, we don't know what his involvement was. >> mr. garre, we don't know, we don't know. isn't that just proof that if we were to find that holland applied, the holland exception applied, that we would have to remand this case? >> i think that would be appropriate, your honor. of course, we think the court should find that the holland -- the holland exception, or more particularly -- >> in that regard, there is one part of holland that you don't really address, which is that holland contrasted a statute of limitations issue with respect to access to a federal court with a procedural bar and said that the state's procedural bar had interest of federalism, that we had to be cautious of ignoring a state procedural bar beca