the challenge for the incumbents is classic inknow va tor, if they want to compete with us, they have to disrupt their own model so you can imagine a lot of these companies do a lot of wholesale, right, and then those retailers have to mark it up three to five, typical in the optical industry. because we're direct to consumer, we're not wholesaling, we're able to pass all that retail mark up to customers. >> you're partnering with new york public schools to provide free glasses to 80,000 kids here in new york city. i know you've been donating glasses for a while, but why school kids. >> what we found is shocking here in our own city we think it's over 150,000 kids that don't have access to glasses. it prevents people from reaching their potential. you can imagine the kid who people are misdiagnosed saying as having learning disabilities, are disruptive in class. the reason is because they're bored they can't see and nobody has given them any eye exam or given them a pair of glasses. the hope is we can scale that every kid that needs a pair of glasses can have them. >> always good talk

although i have to say you saw ek ka va tors on digging huge trenches and creating bedrooms along that road effectively cutting off traffic. so it seems quite quickly one small part of the goal. s are achieved, but the broader question of how to perge isis from that sprawl that is sinjar yet to be resolved. we saw this stage as who who left in there under isis rule. >> nick paton walsh there in iraq. thank you. he brought up a number of key questions. let's have a broader discussion. josh rogan joining us. also here is cnn military analyst and retired general for the europe and 7th army. welcome to both of you. and general, first up, we have talked about the sinjar area before. you have been there and the terrain and fighters and politics. i know you point out there's a a lot more here than meets the eye. first, i bet you have been along the stretch of highway. i want you o to tell e me this peshmerga attack is a much bigger deal than it looks. >> very much bigger deal than it looks. you're talking about the population who has attempted to persuade the kurdish regional government to il

initial brief in the florida supreme court where they said without any contention this is a two-ing va tor case. it was especially heinous, atrocious or cruel. he doesn't question the seriousness of those aggravators either. his focus, instead, acknowledging all that, was proportionality review, which is not at issue here, but, by the way, another benefit of the florida system, that the florida supreme court reviews everything for proportionality. >> can i ask two separate questions on this? >> yes. >> number one, whenever have we said that a jury waiver on an issue is based on the lack of a challenge by a defense attorney? don't we require waivers of jury trials to be explicit and by the defendant him or herself? >> when someone is waiving the jury trial altogether, absolutely. of course that would be a structural error even if there were no objection. but this goes to more like the element of offense and the court held in washington versus r ray quendo that they are subject to harmless -- >> where have we ever said that not challenging something is an admission of that something? we take