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by John Madewell One of Chattanooga's most notorious gang members appeared in court asking for a new trial. Convicted murderer Mike Daniels claims his trial attorney, Jesse Dalton III, was ineffective and didn't allow him to testify.Hamilton County Criminal Court Judge Rebecca Stern said from the bench, "I mean the trial was not the problem."But there is a more pressing issue connected to his request for a new trial, a late filing to the Tennessee Supreme Court for another trial.Daniels has spent the last four years in prison. He's serving a life sentence plus 23 years for the 2006 death of Adrian Patton.Daniels didn't actually pull the trigger. But during the 2008 trial, the jury decided Daniels ordered fellow Skyline Bloods gang member Timothy Evans to carry out the hit.In today's hearing, Dalton defended his strategy. Daniels was a well known gang member. Dalton testified he tried to establish his rank wasn't high enough to order this type of hit.From the bench, Judge Stern said, " I don't think, given the evidence, that his strategy was ineffective at trial is the way I see it."After the conviction, a motion for a new trial and appeal were both denied. Dalton took it to the next step, the Tennessee Supreme Court. But he missed the filing deadline by a day. That's at the heart of Daniels desire for a new trial.Daniels' post-conviction attorney, Amanda Dunn, said, "It's a very unfortunate situation that Mr. Daniels faces." Dunn continued, "As a result, he will never have an opportunity for the Supreme Court to review his case. And he is serving a life sentence plus years. We're hoping the court will see this is a true miscarriage of justice and offer him an opportunity to have a fair trial."Judge Stern is taking the case under advisement and plans to issue a ruling by October 29.