in line with what justice tail was commenting about the observation you make in your pre judge up close decision stands alone it is the first time and after that and you're basically asking us to do the first time ever in the state of illinois to find double jeopardy where you are i'll guess that at one point in time first it is true that jeff bezos decision was the first decision that we're aware of in the i mean there are differences here it is the role of the prosecutor if i could use those that description of versus one where the entire process prosecution was trying to keep its got the jury evidence from the defendant  and if no one rational jury could have acquitted the defendant where is the double jeopardy the interest that you believe should turn this case where is the double jeopardy interest and you can't just that somebody like wilson should be criticized for not being careful enough about protecting and thence rights sir if you look at his jurisprudence since he's been on this court i he's one and one of the most vocal spokesman for ok listen to this really want to since you know assuming you read footnote because her footnote is really characteristic of how this opinion is going to turn up if you read it it's a harbinger of what's to come she said as the supreme court noted that the chaplain armless her now i think it's a great case and i think it does set out but the problem i have here is that you have to first acknowledge that there are certain truths in play under the double jeopardy clause and there are certain interests in play in the due process clause fair trial and it seems to me that they're sort of merging here and under do proper under double jeopardy the only real interest that that play is that is the defendant's right to have the first trier of fact make that what is the interest involved the what what interests under double jeopardy can we really apply under that three prong or both the only supreme court in the united states supreme court recognized that the interest at the heart of double jeopardy protection is that the state with all of its power and authority should not be allowed multiple attempts to convict the defendant you know they hear your problem if you're going to maintain in the state of illinois a harmless error analysis and michelle and i don't think that we can deviate from th you know that you can't that dog isn't gonna run in the state of illinois at the moment it in our jurisprudence and our supreme court case and even justice wilson who is very sympathetic and ha throughout his career to these who did he is petitions in the skin and post conviction petitions and very serious rigorous review and post conviction analysis couldn't find and if you can't convince justice wolf you're going to have a problem i think with the courts and the state courts in illinois i want to interject here a little bit only because i think  justice wells analysis really doesn't interact doesn't no longer is part of this process because you know the federal hideous was granted you need a new trial is coming up and and i might even go so far as to say maybe we did get it wrong maybe we did get it wrong on the correct but if even if we got it wrong and the direct appeal well was to breath a new trial where do we case the prosecution didn't need a second bite at the apple they didn't even need a big bite at the apple the first time around all they needed was a little nibble at the end he were got no conviction he testified just and this is and this goes back to what you pointed out in your brief people versus terry that there is collateral stoppel and part of that is the stop all that he made of what amounted to a traditional admission that he committed sally murder while he testified and that's all he was convicted of so hard we get to the point where we can say one prosecutors misconduct during the course of the trial will bar the people from the state people of the state of illinois from believe that his defenses of post traumatic stress disorder and acute distress first stress disorder which said that because of the stress at the time based on his past use that he cannot form the requisite criminal intent for any of these studies and he r just because of the fact it's the best one he's got because it's still a matter of what evidence was seized improperly because if it was good evidence sees you still have to go to trial and even if some evidence is his illegally seized there's still be the early on in your argument that when you have a second or second trial these states resources are once again mounted in fact that may have an easier time second time around than the first time around because of the very  the test run so to say so to speak of the first trial but but in this case when the evidence is overwhelming the test run may not have been a test for all media simply the outcome that was almost there is a half federal prosecutors that were providing witnesses with my e  illinois supreme court the cases in which they made the decision not to bridle the style of the illinois state constitution where he said they had some very similar conduct to in this case for instance people versus davis was a case where there that concerned the judge's ruling which the prosecutor violated in this case the right her own representation in the house she would use certain evidence against the defendant and then violated that representation rendering if we get to take multiple bites of that apple it was never ever intended as a punishment for the state it's about sufficiency of evidence and that's why the u s supreme court's our illinois supreme and that's why you get that extraordinary gravity of double jeopardy right that remedies envelops and that could happen when the case is going against the prosecution and they want to do it also which you obviously know it was not in this case and he all but one of the insurmountable how do you ever prove that the prosecution intended to cause a mistrial except when you get in mexico case there were two instances and in the higher united states reported decisions where that