discretion to allow them to represent himself in this field are under the influence of any drug or alcohol are you able to hear me and to respond freely yes or in response to your request to represent yourself your understanding yes and you have the right to counsel in this deal if you cannot afford to retain counsel you are entitled to have counsel appointed to represent you at government expense the court also has discretion to allow you to represent yourself if your request is no intelligent and unequivocal and is not intended to delay the proceedings on appeal you may also withdraw your request to represent here all right so i led to begin by having you describe your education your job history and your writings ference and why is it that you were representing yourself in this appeal when you are entitled to have an attorney represent you and you currently have as your counsel a seasoned experience one of the things a lawyer can do is i think translate maybe a good word translate your concerns into arguments  and communication with the corps that comply with the rules that govern the scope of an appeal one of the important rule of that governs the scope of an appeal is the notion that the court on a direct appeal on this appeal will consider only matters that are already in the record ciro there are some of the issues that you want to raise for example the issue of there was evidence out there but it never got here or my it truly was ineffective because there was evidence there and my tree didn't go and find that evidence and put it in the record it seems to me like those are issues that you want to get before the court is that correct now the problem is the court can't address those issues in a direct appeal because in a direct appeal as a mentioned a moment ago the court is limited to considering all of what is in the record ny anything else there is a remedy for you to get that other matter and that re to accommodate a request for relief as to matters that are not in the record the ins like in effect the sense of counsel evidence it was out there that didn't get in the record but if you were to raise those issues in a brief our court would simply not intertainment because or neither record and we would have to await your filing in twenty to fifty five motion in the district corps and then having the district court have the first opportunity ok so it's this kind of knowledge about now this is a very simple matter that i'm expressing to you right now there are less who are critical strategic matters that are fact and influence the way the court of appeals is going to consider your appeal those that matter  those areas of knowing how to communicate with decorum and westerly be an effective way to communicate with the court then she can translate your concerns into our brief that the co cabinet handle and will have i think max unless your chance for success on appeal if you if you vote for if you were to go forward and file a brief for your own behalf that for example will include ineffective assistance of counsel issues based on a matter that's outside the record not only with a court no address that issue for the reasons i just mentioned but it will also she's she's experienced and knowledgeable about the specifics of being an appellate litigator which is different from a trial began so so typically the way it occurs is that you get a shot and doing your appeal at this stage that's limited to a matter that's on the record what's the appeal is completed   contentions in allegations there that justify an evidentiary hearing to identify the latter that you think should have but was not presented or it may say that even if you are right that there was back this matter it would have changed the outcome and therefore you don't get every actually hearing you tonight and then you come up what you have that record when she made the allegations of what was out there but wasn't sets and have that done if it turns out step that ms dotson or whatever counsel looks at your case and says based on the record that's currently there there's no real basis there's no issue that would that of that if that were to occur then the court would give you an opportunity to file a brief but you would have another tune of our brief only if counsel found no issues to raise otherwise  dudgeon here for your direct appeal in a twenty two fifty five motion you don't have the right to counsel to assist you in the district court or an appeal but the district  has discretion to appoint counsel for you it's a little bit there's no guarantee and guess what i'm trying to tell you but if you raise significant issues as to which the district who are things that appointed of coun would be beneficial to as a the court inside the case the court is able to appoint counsel but there's no guarantee that it would do so i mean i says that in the course of discussing your to accurately describe the scope of what you would consider to be with part of your representation of mr  all prison facilities prohibit inmates from possessing presents reports so i'm not sure that you ever can get back whether you represent yourself or not i think as to other matters matters as to which there is no institutional problem i don't see any issue with ms sounds to me like the two of you can work this out this doesn't seem to be a deal breaker in terms of you getting what you need and that is that it is is more than willing and able to provide you with the documents that you would like to see in assisting her in representing yes you are all right do you have any other questions m represent you and will allow the process to unfold this is well and i just want to mention i appreciate your listening to me and you are asking me the questions that are on your mind and giving me an opportunity to listen to you already before i go any further i just wonder if the government has any anything they wish to sa