a finding at any and all cases on the second stage and edwards and tate i think they make it pretty clear how they say it the second stage this circuit court must determine whether the petition and the accompany accompanying documentation make a substantial showing of a constitutional violation now those cases edwards and take it they don't say that you know this only the standard of us of a substantial showing only applies when  basically concession to the first issue whether whether or not there should be no sense in hearing the prosecutor said we agree that this should go on to a state chairman and but in the rest of the body of the the answer that the prosecution while they argue why the rest of the defendant's issues are meritless and as i argued in the brief that is clearly the substance of a motion to dismiss i don't care if the documents that answer doesn't have the words motion business in there what else with the prosecutor the arguing but to dismiss these other claims that's why i think that the documents are kind of a hybrid and that the judge had the discretion to dismiss those claims because that's what the prosecution was arguing for and i'm piggybacking on edwards and the supreme court says that there is a finding that needs to be made in these circumstances and the people submit that that the finding the judge made in this case was pro people would submit that there is nothing in the record that would it course counsel to do those things that the friend request because there was nothing to refute anything course your honor that shouldn't be and i think if you look at the evidence in this case there's there's nothing based on the evidence that was presented that this evidence you're hearing to indicate that there was any question of the defendant's fitness throwing out throughout the pendency of his whole tr clear that they didn't we didn't see anything they didn't they conversed with him well himes test that's the fight you talk with him more than current but he was able to address the issues he was able to communicate with his attorneys he asked questions and he appeared to understand the answers to those questions the highest testified that the defendant would write notes and give them to hans so to assist and the notes were coherent and they were they were made with purpose they were helpful and i was also testified that there was no evidence that any medication was affecting him and if you look at all that i don't know eat he observed that the defendant was call and he's suggested there could have been caught i mean number of reasons why in the front was kong and i think so that the judge obviously observed something going on with the fan but  i think the fact that a man's home is is doesn't trigger any indication that he's on some sort of medication that there's anything wrong with him there's there are a thousand reasons why somebody could be home during their own criminal trial and i think the fact that friend that they were clearly talking about this  i understand now that i understand it but my final scenes on that on this is going to be that they're just all three of these mine testified as to what they observed with this the funded and i don't i don't believe any anything that post conviction discretion again it's pretty well settled at this point that the the nature of the offense the seriousness of the fence is the most important consideration in sentencing and this is counsel acknowledge this is a pretty brutal attack on a put her the sleep and then before she she ended up dying i think the fact that he attempted to hide his own behavior just shows what kind of person this gentleman is and  here and oh for the final thing the council said it was requested first that this court would lower the since the the sentence if they want to do that then he requested that they would send it back for another sensing hearing jury considered this matter twice this the final filed a motion to reconsider the sentence the judge considered it and again stated that this attack was so heinous that it always any other consideration i don't believe