amendment to sentence someone to death. by virtue of his mental ins instabili instability, that could affect it in that way. just to be clear about that, what ends up happen it's not that your mental health is evaluated by what you did at some other prior time. it's what you did and how you were now. his status and mental how as to how it was during the day he engaged in that act is going to be critically at issue. >> we do not know that yet. >> we don't know. >> we also know in texas that a mental health defense for lack of a better word doesn't always work, right? we saw it in the american sniper case. >> we certainly did. understanding how that worksness what happens is when you plead insanity, it's an affirmative defense, and what that means is that in this jurisdiction, the burden shifts to the defense to establish that, in fact, their client was insane at the time, and the standard is did he know right from wrong? and in talking about american sniper, john, if you remember