the greer motion to dismiss his normal speaking frankly injury and glee had the right to counsel he had the right to counsel once everybody is his counsel also could withdraw from the case i mean i'm not we're not arguing that you know i don't know the yankee way should have been appointed another attorney once as counsel was allowed to draw we're just asking that you'd wait and we're saying he should have been given some notice that this was happening before it happened so that if he had anything he wanted to say in response to the state's motion to dismiss he would have had that opportunity either in court or at least in writing to the court not just some opportunity to speak for itself and as counsel decided he wasn't going to speak for  on and i don't think i mean in this case that procedure just giving the defendant notice is not unheard of i mean we're not asking i mean i don't think we're asking for something that's unheard of in the courts i mean my understanding if you read a post where he says and even supreme court says defendants in this situation are routinely given notice either by their attorney who discusses the motion of withdrawal and with the client before going to court and having a hearing on a motion or the court itself somehow indicates to the client that you know your attorneys moving to withdraw i mean if you hold a friend or when we move to withdraw from a case on appeal in a post conviction case we give the client notice we write the client a letter we try to call client this court has the defendant thirty five days counsel for him yes and at that point if counsel if if mr yankee way does not want to be represented by counsel does he have to do the same kind of waiver stuff that he has to do in a criminal case where you see weaver stuff i'm not sure does he does he have the right to waive counsel yes my understanding is yes he does not have to accept and upon or turn he can go pro se once he was past the first you have to go through for him to waive his right to counsel yes i understand that the post conviction situation is different but does mr yank away have to give some notice to the court that he doesn't want to be represented by counsel if when i mean when this comes up for hearing and it's as substantive just discussion about you know the merits of his petition he's represented by counsel does he have to do something with the court in order to say i don't want this person to represent me in order for him to be in court on represented on this issue i don't know i mean i would imagine if typically if a defendant didn't actually not even sure the nest again i'm not sure that he has to be in court at this hearing once he has an attorney as i said earlier i think all we really are asking for in this he says that he have been given some notice that his counsel was asking the court to draw so that once you know once the judge is going to call on the state's motion to dismiss if you take away has anything to say on his own behalf someone is there to do it for him or he has done it for himself prior to the and he granted the state's motion under the circumstances in the court you know the court acknowledged a need to wait wasn't representative this point is the court granted the motion as it said without objection in light of defense counsel's motions i think institutional lockdown that's what his petition said people filed a motion to dismiss based primarily on the fact that his petition was untimely and secondarily that it raised matters that were raised today out of the people file as at the time he granted that the defendant remain represented by counsel his counsel present that his counsel have ethical obligations and he balances ethical obligations with the obligation to provide a reasonable level of assistance that was done in this case there was there was no heat there was no need for the defendant to have actually received notice that counsel was filing the if there's a motion for leave to withdraw from defendant knew that the we don't dispute that yanked away had no this of the state's motion to dismiss and what it contains again if you go away thought he had counsel was going to go to court on june first and impose the state's motion for him there's no reason for him to respond there's no reason for him to ask either his attorney is there for him in his place to represent his interests you know as counsel pointed out and may thirty first his attorney move to withdraw the next day he going to court in there to hold a hearing on the state on his petition is due in february two thousand and one two thousand and eleven heading way had an opportunity to respond to his attorney's motion or if he had been in court someone could have asked him on the record i did you think your petition was do you it at this date and not a half earlier an appeal that's something i would like to know home and we don't have anything in the record tell us why we thought that as far as we can tell from counsel's room motion it doesn't appear the counsel asked him or did anything to figure that out again he needs to have notice in the merits of his petition you know in people the sherman the court walk through the attorneys that basically wasn't very motions were near the court looked at the council's motion to withdraw didn't dispute the counsel was correct in his evaluation the client had no pity there was no petition to his claim nevertheless the court had said when he files the motion to withdraw he's not functionally he's no longer representing his client  client doesn't have notice that he's doing that and there's a court hearing on the state's motion to dismiss there's no one speaking for the defendant in the defendant needs to be able to speak for himself if his attorney is not going to  again i mean under these circumstances you think you know you can waive needed to have notice that his attorney was moving withdraw we don't know what he would have said had he been given the opportunity counsel's motion in the state's motion to dismiss and it wouldn't be much to give him that opportunity i mean simply just making sure that notice for all i know from you know you know if his counsel talks to him about the notion of withdraw before that you're on your way might help counsel you know i don't want to close th