me let's just take that for an example why why shouldn't the government the able to determine whether or not trout council contacted mental health experts and the content of that communication if your claim is that the question of whether the state can impeach him i mean he presumably might have access because you have originals but he can't turn them over to the state so are you saying the state is required to take the say so of this lawyer as to what happened without being able to explore without being what what experts what the experts are supposed to be hard for and it's just that's and that's the practical problem and what you're talking about because you seem to be arguing for a different rule which is that they get nothing from the record how can we fault him for that there's not much point in the list if the judge has to go through every ghastly document by document well ok you know that's it please the court my name is laura simpson and i represent the appellee furred who was the respondent below just curious primarily talk today about the substance of the trial court's ruling i've also raised a jurisdictional argument but i'll first respond to the arguments raised by counsel the trial court below or the magistrate judge ruling is a carefully crafted order if you considered over four hundred documents he went through them item by item he compare threshold as measured by prevailing professional norms and also that there was prejudice and here just taking for example the documents dealing with the mental health we need to look at those documents so that we can determine whether the strategic decision that was provided by counsel below whether that was reasonable what what information did he have that may or may not have supported a defense if there was nothing in there then it would obviously be reasonable if there was something in there but maybe ago well a few years ago when we prepared the answer in this case and he provided a declaration i did not personally speak with him in that attack were rationed he did point out several instances where he was based in that his response was solely based upon his recollection without reviewing the records didn't indicate whether he had those records or not the other trial counsel has refused to cooperate with our office and has not communicated with us there were over four hundred i indicated the trial court went through those document by document he ultimately did decline to order any production is to seventy eight documents and for thirty nine documents because you sound that the description was inadequate to determine if that was relevant he ordered that those be produced in camera i don't think that you can characterize this type of ruling as a broad waiver where everything in counsel's files this order to be produced instead it was based upon the nature of the claims and these claims were wide ranging they attacked all different stages of trial counsel's performance from the investigation before her trial or her comments through trial and including what types of defenses were documents are going to be relevant i'm going to assume it that the trial court applied the proper standard i've also raised a jurisdictional argument and i'm not sure if this court has any particular question  doctrine to include pretrial discovery orders where a claim of privilege is involved would number one violate u s constitution are united states supreme court precedent in riaa and where the supreme court directed parties that if they were i'm excuse me for protective orders i submit that this is a different a different case well not in the sense though because you have you do face that you face then they have to make the choice of risking a contempt citation more preferable method of attempting to speak review and the greatest benefit is that it's conduct on an expedited nature right now we've had a stall in the court below of over a year and are approximately a year that's our concern with that if there are no further questions i know anything in particular i'm prepared to submit previously thank you very much