reason to invalidate the entire statute if it's only the sentencing provision of the i just but that also seemingly presumably they will now have that opportunity at least during oral argument is that the satisfactory that you have anything for  the very interesting new jersey helps him remember that two out with it may not be worth the price but stress is actually a memory an answer rather than a memory reduce or and as such the fact that these conducted an adequate inquiry into the defense counsel's pro se and effective assistance of counsel claims and an adequate inquiry simply consists of a trial court asking the defendant to explain his position perhaps letting the trial counsel his trial counsel right and as his attorney what she had to do was look and determine whether or not this could possibly be true not only were what is the source the vid here is a tiny assert that all he of that all that i think it's what you can take away from what his trial counsel tells the court is that this is definitely an issue of trial strategy because she has an answer ready and waiting for this defense this defendant's statements i don't have hair  back and says you know what he's telling me that and i've seen pictures of him and he does have hair and his justice mcbride was pointing out if there were a time that he did have hair and the issue becomes hair in it somehow exonerates him it still doesn't get him past the fact that he's witnesses identified him findings that they had an adequate opportunity to view him and they testify well i don't let's let's take apart this that this is surface that it would be a matter of trial strategy as to whether the attorney would risk no that's definitely him he had hair and i'll say that's what happens they're not going to say that's definitely him because they're not our witnesses to the occurrence they're only witnesses as to whether he had their so what does the lawyer it's a matter of trial theme to it but while i what basis are we to make that assertion assumption that there would be no one there employees friends or otherwise who in discouraging this kind of inquiry well i think what we're getting away from is we're getting into whether or not the child court should have been investigated and that's not what we should be looking at here is whether or not chuck white conducted an adequate inquiry listening to everything that's been apps a as well as counsel's response and then also knowing that this claim is facially insufficient because he or she i'm sees me judge her from she heard the way this is a trial she heard how strong the allegations were that this was the defendant and she heard them say no matter what i wasn't looking at the photo or a false would most likely i wouldn't be if in fact the witnesses claimed that he had a full head of the question is did the court adequately white and when the lawyer said that he did this and the defendant said didn't do this then the question is did the judge conduct conduct an adequate import in this case we have  she knew that this idea that he would he's bring forth that i never could grow hair she knew that was untrue so she did take several hours i don't want to i think it was kind of like a cursory sort of discussion i don't think there's anything that their hair is as significant as the defendant wants to be i think what the issue here and i think the trial court even pointed out there was a photo array that was composed and witnesses looked at it even when this defendant had a hair in the picture and the photo array they still what's knowledge of what happened at trial to determine the propriety of the trial court's ruling denying defense claims now the people contend that based on everything the trial court heard at trial specifically the identifications w and that critical question remains unanswered to this day as we're struggling now when you say it remains unanswered how do you account for the judge presiding over the trial observing the photographs photo spread and line up and around the time trial five in ten days later the judge saw pictures in which he had hair and then the the that's the photo ray bright the rays from ninety the picture from