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when this case does go to trial in the meantime? >> it can. judge mcafee, the trial judge below will handle motions. he's proven to be a good and thoughtful and somewhat efficient trial judge. the trial judge might tell him to hold off on that. it can go forward. i imagine prosecutors are still preparing for the case. they're not going to stop. but they do have to also prepare for this appellate argument in october, chris. >> the panel of judges doesn't collect new evidence. they are arriving at the conclusions when he decided to keep d.a. willis on the case. what will the arguments look and sound like? what are they looking for? >> you're right. appellate courts don't hear new evidence. they make legal determinations based on the record below them.