thank your honor good morning your honors may it please the court my name is christina nell and i represent the petitioner or applicant jonathan silver sky i respectfully request to reserve two minutes of my time for  official showing that he relied on a new rule of constitutional law that was made retroactive by the united states supreme court and previously unavailable to him has that been shown with respect to williams there you know and i think with what the prime aphasia showing what we have argued as as applied to mr silver sky considering that he is that he's what his argument is that he has that he's being held beyond the time period that he could and that he's facing a punishment that the law cannot oppose on him and so that retroactively this is a new rule that is a rule of substance to silverstein it makes sense that the burden is so low right now as he's not asking your honour's to decide the merits of this claim he's only asking the opportunity to litigate it in district court your honors ruling outside of the s o s context would not have presidential value and would not be precluded of effect on the district court i think it's clear that he is relying on williams is a new girl of constitutional law when mr silver sky was sentenced in two thousand two to he was sentenced to thirty five years with ten years suspended to the department of corrections at the time that he was sentence a sentence to the department of corrections in montana the maximum could be five years to the department of corrections and two thousand and eight dollars than filed a writ of habeas corpus and argued that into the montana supreme court and argue that i'm being held illegally at the time that he filed that mike assistant attorney generals did sign the plea to captain says michael mcgrath attorney general montana boy that is correct your honor mr mcgrath then took the i was elected and took on the role of the chief decided against mr silver skies hideous petition so assume for the purposes of what i'm about williams does apply i have trouble how even if it applies there on the facts of this case there's just as far as i can tell when he was attorney general mr brown really didn't have any direct involvement of the case he was attorney general one was was one of these one line denials no it was actually written decision in which that panel from the justices it was probably a two page two to three page ruling where they actually went in and quote d verbatim from some of the attorney general's briefing and issuing their denial that it was and last summer late tonight it was not it's not a frivolous argument and a williams may or may not be a winning argument over  williams that may be true your honor and i think that's why it's a private facia stage and that what we're at why that burden is so low to allow us this time or allow us to be able to proceed and to discern port to fully brief and ask for a ruling applied as a matter of fact petitioner had raised a williams type claim before based on caperton then issued in two thousand and ten by the u s supreme court which is essentially the same claim that judicial a multi member panel williams did clarify but that that goes really to have a component of the judicial bias analysis which is to the harmless error portion so that can't be harmless error but i think was not participate that's true right but there are i think is someone wants to find that just covers the distance between what you have a right to do and what you inside his chambers to say you know i don't think this rule applies to me and so i think i had this debate why for god's sake you just didn't recuse because there are so many cases before the honour's just a quick response into some of the questions that were posed to this is to an attorney general this matter when it was raised wasn't raised as a writ so there would not have been involvement from the county attorney's office and so it would have been dealt with directly by the attorney general's office which michael mcgrath would have been the attorney general and and not filtered through kind of a county attorney system and so i would just offer that as a response and to your questions and that would be without for there to have