 case like it was it was yeah it is i mean it was that but the state withheld evidence and then it's dismissed and i guess what double jeopardy is applicable here and he can't be retried or is there a civil well i mean in theory the dismissal was a ruling of law by the judge so it's subject to appeal so it's not double jeopardy in the sense that it's absolutely over i don't expect it to be appealed though i expect as a practical matter it's over