that people go after young age but not it doesn't sound like a career type of track employment let's put it that way yes your honor that you could i mean it's easy to speculate that he didn't have a sol job in the community but why didn't they question him about the matter be they couldn't go up in additional information but they didn't and so as a result infer from that pretty striking the man because he said african american well because in this the judge did not by the judge but the argument that he was young and he didn't have a substantial job and the judge bought it as a third step in the in the three step or analysis you know valuing his credibility so how how are we on well we don't know because we don't have a list of the people who are talking about the record for us i don't know you know now there if you know you would you would show it and you would show it to us if you write a young white jerk you would you would that would be your first line that would be your first comparison here for us but the record before us does not show that the prosecutor struck any similarly situated non black tane from our archives that direct appeal file which normally contains the pants records that include the transcript from the trial and then when we file a return a document on the merits of the because the prospective juror or and the defendant are both young there is going to be some identification and why is this case not covered within the rationale that rationale collins out that a big problem with the prosecutors exercise appropriate challenge against the jurors that she didn't relate it to the case and in this case the prosecutor actually did relate the reason for dismissing the jury because of his age and that reason to have some close identification with the way the ground based upon racial identification our gender identification or religious identification and here the very reason given is identification the majority found of the prosecutor was not credible because for reasons which i found her reasons were contradictory to the record and not related to the case i have here all the prosecutor's reasons are supported by the record and you relate to the case  challenge only two are being only two that was there any african american jurors who were not challenged your honor that is not in the record and will be on the record i would there be something and i realize this is outside the record best more like what could be put in the record that's the question i'm asking not what what is in the record but what sorts of documents might be available if we were to send this back to the district judge and but rather what happens is we send it back to the district court and with an appointed attorney in the district court what can that district court find in the existing record in the state court of your action and that is you're not sure i don't know the amount of time that they would be available to serve as a juror i don't know what additional information it contained and i represent that just based on my own journey experience as to that the down time that the jury would be of benefit to serve and i just don't know sure what your honor so i think let me try to answer what i think you're asking which is that i think the only information that the attorneys have on the jurors is pretty much what they got in court their names the amount of time they're vailable to serve on a jury basis of the california court of appeals opinion cannot really go cannot really enter into the analysis of whether or not the court of appeals decision was reasonable and that would be from the very recent united states supreme court case i'm thanks and that there would be some credibility for the prosecutor's accusing him because of his age and his potential inability to pay attention however that the prosecutors reason for support it i was and then the prosecutor allow two other retirees jurors number four four four three and seven six eight four those two were retirees and each of them had two adult children and they remained on the jury hear out of my father's retired and i don't consider him elderly and i'm by the prosecutor was pretextual it would render the parent very challenging meaningless the prosecutor's challenges are based on professional judgment and educated hunches and that is the basis for the prosecutor's challenges but we do recognize  fault of the petitioner in this case it was because it was the government that had the power to argument the record and didn't know it was they could have made a part of the record on