non-jury, it's the judge who is the ultimate fact finder. and comes up with a record of fact in the case. and in my view that record of fact that comes up to the appellate court is actually a constraint on the power of the appellate court to go wandering off. the court is obliged to consider the appeal based on the factual record that was adduced in the district court. you having lived in both houses, the trial court has house and the appellate court house, tell me a little about what that change meant to you as you went from being a trial judge to an appellate judge? >> thank you, senator. it is a really big difference.
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