to permit the jury to be discharged without considering those mitigators, when the jury didn't consider them and the additional counts, it acted almost as an applied acquittal or an applied um finding towards this affirmative defense. The high court in Texas in ex parte Jimmy Dean Watkins agreed with that. And it indicated that in any additional trial, once a jury finds those provocation mitigators, that it can't be required to find them again. Additionally, in the Kennedy versus Washington uh matter, the Federal Circuit Court stated that the Green versus United States implied acquittal would generally apply in cases where the provocation mitigator was at issue. It was addressed and argued by both sides, and the jury was asked to make a finding. Here the jury