exercises improper influence on the defense witness causing that witness refuse to testify in our state we have a can we determine whether it be due process violation this occurred using the two of the state presuming that in fact the state would have had no reason to be worried about her you know testifying otherwise in the state did all the courts effort to keep her from testifying someone particularly did the really wouldn't be a viable charge and the last one state mentioned the filing of a false police report he's actually a form of disorderly conduct she really didn't do either when she did it she was arrested and then the police int and she made a statement to the police and that really isn't a false police report and then the other thing we had this case which is similar to a lot of the other cases i cite is of the quantity of kind of  certainly is a discretionary thing that the court can do and should do in some circumstances if the witnesses unrepresented right yes how did tell me how you square our case with those three that i just mentioned i said that one of the big things in this her plea there is questionable whether that yeah i mean do we is it really the case there is this post conviction petition based on actual innocence can be found at any time it can't the funny situation it was a pretrial hearing and the defense apparently had concerns about whether she was going to show up for trial and head subpoena for it and that was the asking the court that they were not going to care for a veil phillips available as a witness but there were many other things that came up in between two so it's hard to say but it's not the point yes pick a relationship did does not mean that you know we don't know what the effect of th later so she and she had received something and that was you know post conviction is bitch and you mentioned a couple of times that's actually what the judge mentioned in the case but as i read the post conviction it has to be a person imprisoned in the penitentiary and she's on probation so i'm that it was she was solely responsible for possessing with intent to distribute these this cannabis that's another something that may not be correct if her probation had been revoked she most certainly would have been in the penitentiary i can remember one or two but she could have gone to prison and her right to file his conviction petition would have matured i suppose defend it was exactly the same basically yes if he hadn't been there we still hear his name in certain places we have a shaving kid and we of not just one but a couple of things happening here and how many things i guess this is state believe we should consider all of these independently or should or can we make sort of a snowball for that to determine how this case should be decided i it is true that most of the conversation was not between the court in phillips directly it was actually worse the phillips stood there there were four of attorneys and the judge all people bring me one more attorney and one more attorneys so cumulated all passionately discussing whether or not shit she was putting herself in die or risk of having some terrible constitutional thing happen which you pled guilty to maybe in the future you might wish to file what we call the police commissioner and since you were involved in this incident designed to stand if you testifying consistent you could be charged with another offense you understand that so that's pretty strong language by the court directly to philips who says fortunately nothing during this whole discussion a lot of the other cases the witness for a while and saying i understand that i still want to do this here phillips stance there while all these professionals talk about her rights and that and this time she doesn't want to take the risk which which is understandable but it is probably because of split guilty we don't we go on to however the people who were present at her plea hearing or in the courtroom and nobody nobody said anything from the state has never said that there was something in the fact bases  is that the problem may be with the argument if you're considering if that we have we don't know it's the same we don't want the same house the same box but beyond that well we have there could be even more of this against phillips thanks for reporting you know