set for trial such notification shall be required when the defendant was not personally present in open court of the time the case set for trial i don't believe there's any dispute your that mr a patron was not present in court of the time the trial county you know certainly that cannot trump the statutory requirement standard practice in any number of counties it seems to have circuit courts impose fines but obviously that's you know not permissible so i think we have to go  yes because you know the defendant is presumed to know the law so the defendant should be looking for a notice from the circuit clerk's office now the notice from the state's attorney's office said as i pointed out there is not follow you know for one of these notices and the return address states plainly that it is from the vermillion county state's attorney's office mr k trend is entitle to take any on the  she's entitled to you know he's not required to expect notice first trial come from the state's attorney's office you know that the truck or pointed out that mr cage turned had appeared twice in court before he disappeared you know that point doesn't matter because he he had not appeared at the time any of the trial date set so his appearance at other times just that doesn't matter you know and returning to the point there really any evidence that the court ever did dell i mean it's just kind of like something that happened but then they don't know why supreme court has held that the certified mail requirement you know must be strictly complied with you know in the same sentence it says that the court must send a notice i don't see any reason you know why you would be certified mail requirement must be strictly complied with but we can ignore the requirement that the c statute is written very precisely it's not a particularly palpitated procedure the courts have held it has a dual purpose one a very important one is to protect the defendant's right to confront witnesses but the courts have also pointed out that it relieves the state of the burden of proving that mr patron was willfully absent which of course would be different difficult because they have to prove a negative so this statute you know serves as a benefit statutory requirements that allow them to be relieved of their burden and finally i think there's probably a third purpose implicit in this statute and that's really to ensure that we wouldn't really have to be here you know  physical findings from the medical examination as is so often the case so the main point is that she's just spouting for his credibility when she has no medical findings to back up her opinion that he's been abused but there's an alternate basis for relief that i just want to touch or upon when there are no better people findings she's not relying on any information that the jury can't understand and that's one of the primary reasons for having an expert witness it primary reason to help the jury understand something that they wouldn't understand otherwise so even if she doesn't rely entirely on essays statements she's relying on where it was found mr kane front was there the police officers opinion not state of arousal all that is something that the jury could understand without her help therefore she's not entitled to base a diagnosis a medical expert diagnosis on something that the jury can understand and i mailbox well that's that's not realistic to expect so essentially if the clerk if an employee of the circuit clerk's office but it's already answered why not agents like the attorney who would be representing circuit court which  that's the problem and for example in the charlie case which is felicita supplemental already there's actually two problems one is if it was simply a concert credibility that's bad and the other thing is well if not was that the court felt on review that if it was not doubting for credibility and then it somehow became an unreliable opinion and not admissible under the gatekeeper function of doctor which is what federal courts used to expert testimony and just briefly with respect to hear say exception to the diagnosis and medical treatment part to be relevant the identity of the of the perpetrator relevant to diagnosis of treatment and there's no strict rule that requires that that person be a biological briefly on the subject of delegation of authority you know obviously what was delegated here is who could send a notice now who could receive notice which is what's delegated in all the other the state size you know so what the state is seeking here is not delegating its own right to somebody else its right to be served by process is seeking to delegate mr k transfer right to receive