. >> when you got one you went back to the trial court and emphasized the events in kirkwood girdwood is the situation now? >> dr. kirklin is ended, no longer practicing psychology. he's under threat of criminal prosecution. >> they did at one point, but he is still under investigation, still suspended. >> or the state of alabama. multiple counties involved. and the only point with that was that the court relied so heavily on this conclusion we didn't think was afforded by the record that we thought it was relative to dr. kirklin's reliability be addressed. but given what we know about dementia, given that if you ply dementia to these facts and does come the trial court would have to conclude like the 11th circuit did that mr. madison is incompetent. the state argued you state argued akin to the trial court. you can only find incompetent he or psychosis or insanity or dilution now is the basis on the rejection of her argument and i don't think it's too difficult to articulate this concept of incompetency that relates to rational wonders ending, disorientation as a key factor. that is