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Friends of the Crow Collection: Adults/ Children ($10/ $3) || General Public: Adults/ Children ($18/ $5)
Otsukimi Celebration, 2012
The Japan America Society celebrates the full autumn moon each year with an outdoor picnic, Japanese music, and haiku poetry. Although not commonly observed in modern-day Japan, the moon viewing tradition dates back to the Heian Period (794–A.D. 1185), when the evening was marked with poetry and music by court aristocrats. The celebration later spread to warriors, townspeople, and farmers, and became a harvest festival.
Bring a picnic supper, beverage, and something to sit on as no food or drink will be sold at the event or pre-order an Obento from Mr. Sushi for $18 when purchasing your celebration tickets. Alcohol is not allowed at Winfrey Point, a City of Dallas park facility. For more information, visit jasdfw.org. |
Promethium: uses
The following uses for promethium are gathered from a number of sources as well as from anecdotal comments. I'd be delighted to receive corrections as well as additional referenced uses (please use the feedback mechanism to add uses).
shows promise as a portable X-ray unit
possibly useful as a heat source to provide auxilliary power for space probes and satellites |
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The Huffington Post: Top Design Destinations for 2017
2017-02-23
By Janette Ewen
Ever since Frank Gehry’s spectacular Guggenheim Bilbao put its sleepy namesake city on the radar of architecture buffs two decades ago, design has became an integral aspect of travel and tourism, joining food, culture and climate when it comes to visitor draws. This year, the list of destinations sure to entice design fans includes spots from the West Indies to North Africa. They offer a wide range of aesthetic attractions, from cutting-edge urban design to exquisite historical gems.
OLD HAVANA, NEW URGENCY
Whether the recent detente between the United States and Cuba will result in an onslaught of American visitors to the island or not, Canadians aren’t waiting to find out: According to KAYAK, a world-leading travel search engine, Havana is one of the year’s top 10 trending destinations among travellers from the Great White North, whose online inquiries about the city skyrocketed by 230 percent compared to last year. In anticipation of more visitors, hotels in Havana are being modernized and restaurants given new polish, but it’s the bustling metropolis’ status as a living design museum that no doubt appeals to most foreigners. For architecture fans, hotels like the Nacional offer glimpses into long-gone eras, while automobile buffs would be hard-pressed to find a greater parade of vintage cars. Speaking of moveable feasts, bars like La Floridita, where Ernest Hemingway indulged his fondness for daiquiris, are modern-day links to literary and artistic legends. Clearly, the time to visit Havana is now, whatever your aesthetic bent.
CARIBBEAN COOL
Over the past several years, restaurant-rich Grand Cayman, the largest of the Cayman Islands, has been nurturing a reputation as the culinary capital of the Caribbean. Now, its growing foodie cred is being matched by its design cachet. In November, the ultra-sleek Kimpton Seafire Resort + Spa, designed by U.S. firm SB Architects, opened on Seven Mile Beach, bringing a welcome shot of global chic (plus four more dining options) to that pristine stretch of coastline. Not far away, Camana Bay, an ambitious mixed-use development, has been heralded as a rare example of new urbanism in the region, its 500 acres encompassing high-end shops, office and residential space, interactive fountains and a pedestrianized main street called the Paseo. Situated between the Kimpton and Camana Bay is the Caribbean Club, a luxury apartment hotel and ideal base for exploring the area; it also houses one of Grand Cayman’s foremost eateries, the trattoria Luca.
ROAD TO MOROCCO
Another top trender among Canadian travellers according to KAYAK is Casablanca, the romantic Moroccan city that has long offered a beguiling mix of French and Arabic cultures. Nowhere is this hybrid allure more visible than in its architecture, which ranges from the art deco elegance of Place Mohammed V to contemporary showstoppers like the Four Seasons Casablanca on the oceanfront Corniche. At bustling Marche Centrale, the Moorish-style setting is as enticing as the fried fish and grilled vegetables, while L’Atelier 21, the city’s leading modern art gallery, showcases emerging and established artists in an au courant space. New air links to Casablanca from Canada this year make visiting even easier.
LONDON CALLING
The British capital has always been a magnet for design aficionados, but 2017 offers an extra-special reason to visit: the recently transplanted Design Museum, which has been moved from its previous home on the south bank of the Thames to much larger digs in Kensington. Ten years in the making, the $140-million wood-and-concrete marvel, reimagined by minimalist architect John Pawson on the site of the former Commonwealth Institute, is the Brit superstar’s first public building in London. Visitors must pay to see special exhibitions, but the museum’s extensive permanent collection, which includes everything from a 2012 Olympic torch to a full-size Tube car, is free to view. Another area museum completing a major update this year is the venerable Victoria and Albert, which will unveil a new underground gallery and a new entrance on Exhibition Road in July. Even the city’s best watering holes are offering new eye candy: Check out the restored blue walls in The Berkeley’s expanded Blue Bar. |
package io.gitlab.arturbosch.detekt.generator.collection
import io.gitlab.arturbosch.detekt.api.DetektVisitor
import io.gitlab.arturbosch.detekt.generator.collection.exception.InvalidDocumentationException
import io.gitlab.arturbosch.detekt.rules.isOverride
import org.jetbrains.kotlin.psi.KtCallExpression
import org.jetbrains.kotlin.psi.KtClassOrObject
import org.jetbrains.kotlin.psi.KtFile
import org.jetbrains.kotlin.psi.KtProperty
import org.jetbrains.kotlin.psi.KtReferenceExpression
import org.jetbrains.kotlin.psi.KtSuperTypeList
import org.jetbrains.kotlin.psi.KtValueArgumentList
import org.jetbrains.kotlin.psi.psiUtil.containingClass
import org.jetbrains.kotlin.psi.psiUtil.referenceExpression
data class MultiRule(
val name: String,
val rules: List<String> = listOf()
) {
operator fun contains(ruleName: String) = ruleName in this.rules
}
private val multiRule = io.gitlab.arturbosch.detekt.api.MultiRule::class.simpleName ?: ""
class MultiRuleCollector : Collector<MultiRule> {
override val items = mutableListOf<MultiRule>()
override fun visit(file: KtFile) {
val visitor = MultiRuleVisitor()
file.accept(visitor)
if (visitor.containsMultiRule) {
items.add(visitor.getMultiRule())
}
}
}
class MultiRuleVisitor : DetektVisitor() {
val containsMultiRule
get() = classesMap.any { it.value }
private var classesMap = mutableMapOf<String, Boolean>()
private var name = ""
private val rulesVisitor = RuleListVisitor()
private val properties: MutableMap<String, String> = mutableMapOf()
fun getMultiRule(): MultiRule {
val rules = mutableListOf<String>()
val ruleProperties = rulesVisitor.ruleProperties
.mapNotNull { properties[it] }
rules.addAll(ruleProperties)
rules.addAll(rulesVisitor.ruleNames)
if (name.isEmpty()) {
throw InvalidDocumentationException("MultiRule without name found.")
}
if (rules.isEmpty()) {
throw InvalidDocumentationException("MultiRule $name contains no rules.")
}
return MultiRule(name, rules)
}
override fun visitSuperTypeList(list: KtSuperTypeList) {
val isMultiRule = list.entries
?.mapNotNull { it.typeAsUserType?.referencedName }
?.any { it == multiRule } ?: false
val containingClass = list.containingClass()
val className = containingClass?.name
if (containingClass != null && className != null && !classesMap.containsKey(className)) {
classesMap[className] = isMultiRule
}
super.visitSuperTypeList(list)
}
override fun visitClassOrObject(classOrObject: KtClassOrObject) {
super.visitClassOrObject(classOrObject)
if (classesMap[classOrObject.name] != true) {
return
}
name = classOrObject.name?.trim() ?: ""
}
override fun visitProperty(property: KtProperty) {
super.visitProperty(property)
if (classesMap[property.containingClass()?.name] != true) {
return
}
if (property.isOverride() && property.name != null && property.name == "rules") {
property.accept(rulesVisitor)
} else {
val name = property.name
val initializer = property.initializer?.referenceExpression()?.text
if (name != null && initializer != null) {
properties[name] = initializer
}
}
}
}
class RuleListVisitor : DetektVisitor() {
var ruleNames: MutableSet<String> = mutableSetOf()
private set
var ruleProperties: MutableSet<String> = mutableSetOf()
private set
override fun visitValueArgumentList(list: KtValueArgumentList) {
super.visitValueArgumentList(list)
val argumentExpressions = list.arguments.map { it.getArgumentExpression() }
// Call Expression = Constructor of rule
ruleNames.addAll(argumentExpressions
.filterIsInstance<KtCallExpression>()
.map { it.calleeExpression?.text ?: "" })
// Reference Expression = variable we need to search for
ruleProperties.addAll(argumentExpressions
.filterIsInstance<KtReferenceExpression>()
.map { it.text ?: "" })
}
}
|
Those words (choice profanity included) woke me with a start the other night. What was I thinking, organizing this trip to Vietnam to connect sons and daughters who lost fathers on both sides of the Vietnam War?
I have a lot of fears about this journey. There’s the mundane ones about getting sick, or bitten by something slimy. Maybe I'll become separated from the group because something in a shop caught my eye (this, given my nature, is the most likely scenario). But the deeper fears are right under the surface. What’s going to happen when we come face to face with the Vietnamese sons and daughters? Will they be angry? Worse, will I?
It was easy to push past these bigger fears earlier this year when I first formed the 2 Sides Project. Now the trip is getting closer—we leave four weeks from today—and they’re keeping me up at night.
I’m going to have to remember what I know in the daylight: there have been moments in my life when I’ve found people who shared my experience, who spoke the same language as me, who felt the same way I did about things. These moments are profound. They make me feel connected, anchored in the world. They are often turning points that lead me to a better place.
That was the case when I met other sons and daughters in the U.S. who lost fathers in the war. So, I’ll keep my focus on them. And on the amazing experience we have in store. Six of us will be meeting Vietnamese sons and daughters and visiting the sites where our fathers died. I’ll profile them all -- Mike, Ron, Margaret, Susan and Patty -- here in the coming weeks as we get ready. Come with us virtually. It’s going to be quite a journey, and we’re looking forward to sharing it with you. |
Got this cute little sewing chair from Sara and Stacy at SugarSCOUT–they have “super sweet finds of all kinds”…just check out their Etsy Shop. (lots of great ideas on their blog @ www.sugarSCOUT.com, too!)
I do love spending time in my studio that has become a haven for creating my upcycled bags.
I’m adding new bags as quick as I get them done to my Etsy shop. Take a look…it’s called itzaChicThing.
I love to layer color, pattern and texture. I created this bag using a fusing process. After making many bags, all shapes and sizes (you can see some of them at bohochicbag.com), I decided to use the same concept to create pieces for hanging. |
[Justin Timberlake & Chris Stapleton:]
Sometimes the greatest way to say something is to say nothing at all
Sometimes the greatest way to say something is to say nothing at all
Sometimes the greatest way to say something is to say nothing
But I can't help myself, no I can't help myself, no, no
Caught up in the middle of it
No I can't help myself, no I can't help myself, no, no, no
Caught up in the rhythm of it
[Justin Timberlake & Chris Stapleton:]
Sometimes the greatest way to say something is to say nothing at all
Sometimes the greatest way to say something is to say nothing at all
Sometimes the greatest way to say something is to say nothing |
The case of the vanished sword
By
washingtonpost.com editors
By John Lockwood
Washington
One of our memorials is missing a sword.
The General Sherman memorial just south of the Treasury Building shows General William Tecumseh Sherman on horseback atop a 32-foot pedestal guarded at each ground-level corner by a soldier. The memorial was designed by a Danish sculptor named Carl Rohl-Smith. It was dedicated on Oct. 15, 1903.
The northwest soldier is an infantryman, holding his rifle by the barrel, with the butt resting on the ground. The southwest soldier is an engineer, holding his rifle in the same position. He also carries a cylinder or tube, about 3 feet long. Perhaps it contains surveying instruments. The southeast soldier is a cavalryman, with sword pointed upward across his left shoulder. At the northeast is an artilleryman — whose hands close upon empty air.
When I saw the northeast soldier, the question arose: Is he missing a rifle or a sword? Well, what would one of my heroes, Sherlock Holmes, do? Look for a cartridge box, or a scabbard.
There was a scabbard there, an empty one. So it was indeed a missing sword — a fact later verified in The Post’s Oct. 16, 1903, edition, which included a drawing showing the soldier with a sword, its point touching the ground.
The lost sword is probably rusting in somebody’s attic or slowly corroding in a landfill. I doubt even Holmes could find it now. |
/**
* ScriptDev2 is an extension for mangos providing enhanced features for
* area triggers, creatures, game objects, instances, items, and spells beyond
* the default database scripting in mangos.
*
* Copyright (C) 2006-2013 ScriptDev2 <http://www.scriptdev2.com/>
*
* This program is free software; you can redistribute it and/or modify
* it under the terms of the GNU General Public License as published by
* the Free Software Foundation; either version 2 of the License, or
* (at your option) any later version.
*
* This program is distributed in the hope that it will be useful,
* but WITHOUT ANY WARRANTY; without even the implied warranty of
* MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
* GNU General Public License for more details.
*
* You should have received a copy of the GNU General Public License
* along with this program; if not, write to the Free Software
* Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
*
* World of Warcraft, and all World of Warcraft or Warcraft art, images,
* and lore are copyrighted by Blizzard Entertainment, Inc.
*/
/**
* ScriptData
* SDName: bug_trio
* SD%Complete: 75
* SDComment: Summon Player spell NYI; Poison Cloud damage spell NYI; Timers need adjustments
* SDCategory: Temple of Ahn'Qiraj
* EndScriptData
*/
#include "precompiled.h"
#include "temple_of_ahnqiraj.h"
enum
{
// kri
SPELL_CLEAVE = 26350,
SPELL_TOXIC_VOLLEY = 25812,
SPELL_SUMMON_CLOUD = 26590, // summons 15933
// vem
SPELL_CHARGE = 26561,
SPELL_VENGEANCE = 25790,
SPELL_KNOCKBACK = 26027,
// yauj
SPELL_HEAL = 25807,
SPELL_FEAR = 26580,
NPC_YAUJ_BROOD = 15621
};
struct MANGOS_DLL_DECL boss_kriAI : public ScriptedAI
{
boss_kriAI(Creature* pCreature) : ScriptedAI(pCreature)
{
m_pInstance = (ScriptedInstance*)pCreature->GetInstanceData();
Reset();
}
ScriptedInstance* m_pInstance;
uint32 m_uiCleaveTimer;
uint32 m_uiToxicVolleyTimer;
void Reset() override
{
m_uiCleaveTimer = urand(4000, 8000);
m_uiToxicVolleyTimer = urand(6000, 12000);
}
void JustDied(Unit* /*pKiller*/) override
{
// poison cloud on death
DoCastSpellIfCan(m_creature, SPELL_SUMMON_CLOUD, CAST_TRIGGERED);
if (!m_pInstance)
{
return;
}
// If the other 2 bugs are still alive, make unlootable
if (m_pInstance->GetData(TYPE_BUG_TRIO) != DONE)
{
m_creature->RemoveFlag(UNIT_DYNAMIC_FLAGS, UNIT_DYNFLAG_LOOTABLE);
m_pInstance->SetData(TYPE_BUG_TRIO, SPECIAL);
}
}
void JustReachedHome() override
{
if (m_pInstance)
{
m_pInstance->SetData(TYPE_BUG_TRIO, FAIL);
}
}
void UpdateAI(const uint32 uiDiff) override
{
// Return since we have no target
if (!m_creature->SelectHostileTarget() || !m_creature->getVictim())
{
return;
}
// Cleave_Timer
if (m_uiCleaveTimer < uiDiff)
{
if (DoCastSpellIfCan(m_creature->getVictim(), SPELL_CLEAVE) == CAST_OK)
{
m_uiCleaveTimer = urand(5000, 12000);
}
}
else
{ m_uiCleaveTimer -= uiDiff; }
// ToxicVolley_Timer
if (m_uiToxicVolleyTimer < uiDiff)
{
if (DoCastSpellIfCan(m_creature, SPELL_TOXIC_VOLLEY) == CAST_OK)
{
m_uiToxicVolleyTimer = urand(10000, 15000);
}
}
else
{ m_uiToxicVolleyTimer -= uiDiff; }
DoMeleeAttackIfReady();
}
};
struct MANGOS_DLL_DECL boss_vemAI : public ScriptedAI
{
boss_vemAI(Creature* pCreature) : ScriptedAI(pCreature)
{
m_pInstance = (ScriptedInstance*)pCreature->GetInstanceData();
Reset();
}
ScriptedInstance* m_pInstance;
uint32 m_uiChargeTimer;
uint32 m_uiKnockBackTimer;
void Reset() override
{
m_uiChargeTimer = urand(15000, 27000);
m_uiKnockBackTimer = urand(8000, 20000);
}
void JustDied(Unit* /*pKiller*/) override
{
// Enrage the other bugs
DoCastSpellIfCan(m_creature, SPELL_VENGEANCE, CAST_TRIGGERED);
if (!m_pInstance)
{
return;
}
// If the other 2 bugs are still alive, make unlootable
if (m_pInstance->GetData(TYPE_BUG_TRIO) != DONE)
{
m_creature->RemoveFlag(UNIT_DYNAMIC_FLAGS, UNIT_DYNFLAG_LOOTABLE);
m_pInstance->SetData(TYPE_BUG_TRIO, SPECIAL);
}
}
void JustReachedHome() override
{
if (m_pInstance)
{
m_pInstance->SetData(TYPE_BUG_TRIO, FAIL);
}
}
void UpdateAI(const uint32 uiDiff) override
{
// Return since we have no target
if (!m_creature->SelectHostileTarget() || !m_creature->getVictim())
{
return;
}
// Charge_Timer
if (m_uiChargeTimer < uiDiff)
{
if (Unit* pTarget = m_creature->SelectAttackingTarget(ATTACKING_TARGET_RANDOM, 0))
{
if (DoCastSpellIfCan(pTarget, SPELL_CHARGE) == CAST_OK)
{
m_uiChargeTimer = urand(8000, 16000);
}
}
}
else
{ m_uiChargeTimer -= uiDiff; }
// KnockBack_Timer
if (m_uiKnockBackTimer < uiDiff)
{
if (DoCastSpellIfCan(m_creature, SPELL_KNOCKBACK) == CAST_OK)
{
if (m_creature->GetThreatManager().getThreat(m_creature->getVictim()))
{
m_creature->GetThreatManager().modifyThreatPercent(m_creature->getVictim(), -80);
}
m_uiKnockBackTimer = urand(15000, 25000);
}
}
else
{ m_uiKnockBackTimer -= uiDiff; }
DoMeleeAttackIfReady();
}
};
struct MANGOS_DLL_DECL boss_yaujAI : public ScriptedAI
{
boss_yaujAI(Creature* pCreature) : ScriptedAI(pCreature)
{
m_pInstance = (ScriptedInstance*)pCreature->GetInstanceData();
Reset();
}
ScriptedInstance* m_pInstance;
uint32 m_uiHealTimer;
uint32 m_uiFearTimer;
void Reset() override
{
m_uiHealTimer = urand(25000, 40000);
m_uiFearTimer = urand(12000, 24000);
}
void JustDied(Unit* /*Killer*/) override
{
// Spawn 10 yauj brood on death
float fX, fY, fZ;
for (int i = 0; i < 10; ++i)
{
m_creature->GetRandomPoint(m_creature->GetPositionX(), m_creature->GetPositionY(), m_creature->GetPositionZ(), 10.0f, fX, fY, fZ);
m_creature->SummonCreature(NPC_YAUJ_BROOD, fX, fY, fZ, 0.0f, TEMPSUMMON_TIMED_OOC_DESPAWN, 30000);
}
if (!m_pInstance)
{
return;
}
// If the other 2 bugs are still alive, make unlootable
if (m_pInstance->GetData(TYPE_BUG_TRIO) != DONE)
{
m_creature->RemoveFlag(UNIT_DYNAMIC_FLAGS, UNIT_DYNFLAG_LOOTABLE);
m_pInstance->SetData(TYPE_BUG_TRIO, SPECIAL);
}
}
void JustReachedHome() override
{
if (m_pInstance)
{
m_pInstance->SetData(TYPE_BUG_TRIO, FAIL);
}
}
void UpdateAI(const uint32 uiDiff) override
{
// Return since we have no target
if (!m_creature->SelectHostileTarget() || !m_creature->getVictim())
{
return;
}
// Fear_Timer
if (m_uiFearTimer < uiDiff)
{
if (DoCastSpellIfCan(m_creature, SPELL_FEAR) == CAST_OK)
{
DoResetThreat();
m_uiFearTimer = 20000;
}
}
else
{ m_uiFearTimer -= uiDiff; }
// Heal
if (m_uiHealTimer < uiDiff)
{
if (Unit* pTarget = DoSelectLowestHpFriendly(100.0f))
{
if (DoCastSpellIfCan(pTarget, SPELL_HEAL) == CAST_OK)
{
m_uiHealTimer = urand(15000, 30000);
}
}
}
else
{ m_uiHealTimer -= uiDiff; }
DoMeleeAttackIfReady();
}
};
CreatureAI* GetAI_boss_yauj(Creature* pCreature)
{
return new boss_yaujAI(pCreature);
}
CreatureAI* GetAI_boss_vem(Creature* pCreature)
{
return new boss_vemAI(pCreature);
}
CreatureAI* GetAI_boss_kri(Creature* pCreature)
{
return new boss_kriAI(pCreature);
}
void AddSC_bug_trio()
{
Script* pNewScript;
pNewScript = new Script;
pNewScript->Name = "boss_kri";
pNewScript->GetAI = &GetAI_boss_kri;
pNewScript->RegisterSelf();
pNewScript = new Script;
pNewScript->Name = "boss_vem";
pNewScript->GetAI = &GetAI_boss_vem;
pNewScript->RegisterSelf();
pNewScript = new Script;
pNewScript->Name = "boss_yauj";
pNewScript->GetAI = &GetAI_boss_yauj;
pNewScript->RegisterSelf();
}
|
Deposits in your Bank of Internet savings account are fully FDIC insured, so your money is absolutely safe when you invest your funds in a Bank of Internet account.
The Bank of Internet online savings account has no maintenance fees, so it’s a great opportunity to earn a high interest rate with a free online bank account.
There are no monthly maintenance fees for this Bank of Internet account, plus there are no minimum balance requirements and no direct deposit requirements to avoid fees or to earn the great interest rate.
There is a $100 minimum opening deposit requirement, but once you open your account, you are not required to maintain a minimum balance thereafter to avoid fees or to earn the high APY.
The Bank of Internet High Yield Savings Account provides free online statements, and an ATM card is also available if needed.
You can also open this online savings account in conjunction with a free High Interest Checking Account from Bank of Internet for easy transfers between Bank of Internet accounts.
Check out our Bank of Internet Review for more details on Bank of Internet online banking services including money market accounts and CDs as well as home equity loans and home mortgage refinancing.
Then compare the Bank of Internet savings account with other High APY Online Bank Rates before opening this fee-free online bank account.
Open a High Yield Savings Account from Bank of Internet today to take advantage of the high interest rate with no fees for online banking. |
Summer Flowers at Danckerts
Summer is now well and truly on its way now as we come upon another Bank Holiday this weekend.
We have some lovely gardens plants and pots at the shop, as well as a new range of "Vivid Arts" garden animals on display, which are a fantastically realistic range of life size animals and birds to enhance the garden...from frogs to foxes, and rabbits to robins, pop in and take a look!
The gardens in Wednesbury are going to be coming alive with plants, animals, and barbies! The summer flower collection is now in full swing, with some delightful bouquets and vases full of Snaps, Sweet Williams, and other summer favourites.
Keep in touch via Facebook, and we'll keep you notified of any Special Offers that are coming up!
We recently had St Georges day, and the St Georges Day March was hugely popular, starting at Stone Cross, just past the Wednesbury/ West Bromwich border, and finishing up at Dartmouth Park in the Sandwell Valley. |
From 1 July 2018, the Tax Office is advising Australians that if they find an error in their tax return or activity statement they will not incur a penalty but will advise of the error and how to get it right next time.
Penalty relief will only apply to eligible taxpayers or entities (i.e., turnover of less than $10 million) every three years.
Eligible individuals will only be given penalty relief on their tax return or activity statement if they make an inadvertent error because they either:
– took a position on income tax that is not reasonably arguable, or
– failed to take reasonable care
The ATO will not provide penalty relief when individuals have (in the past three years):
Received penalty relief
– Avoided tax payment or committed fraud
– Accrued taxation debts with no intention of being able to pay (i.e., phoenix activity)
– Previously penalised for reckless or intentional disregard of the law
– Participated in the management or control of another entity which has evaded tax.
Individuals can not apply for penalty relief. The ATO is reminding individuals that they will provide relief during an audit should it apply.
Penalty relief will not be applied to:
– Wealthy individuals and their businesses
– Associates of wealthy individuals (that may be deemed a small business entity in their own right)
– Public groups, significant global entities and associates
Penalty relief will also not be applied to certain taxes, i.e., fringe benefits tax (FBT) or super guarantee (SG). |
The verbals: sports quotes of 1994
There are no small accidents on this circuit. Ayrton Senna, before the San Marino Grand Prix, during which he suffered a fatal crash.
One of my best friends has been killed on the curve where I escaped death. I was lucky; he wasn't. It's like having a cheque book. You start pulling out the pages until one day no pages are left. He was the one driver so perfect nobody thought anything could happen to him. Gerhard Berger, Formula 1 driver, on Ayrton Senna.
It was at the bottom of our hearts to dedicate this victory to our great friend, Ayrton Senna. He was also heading for his fourth title. Claudio Taffarel, Brazil's goalkeeper, following victory in the World Cup final.
There will never be another Senna. The poet of speed is dead. El Diario, Bolivian sports newspaper.
Senna was the greatest driver ever and when someone like him is killed you have to ask yourself what is the point of it all. Nikki Lauda.
When I saw him crash and realised there was no way he was going to be able to continue the race, I cheered with joy. I thought: `He'll be home earlier tonight'. Adrienne Galisteu, Senna's girlfriend. |
**B Grade** CNPS12X Ultimate Performance Triple Fan CPU Cooler
Below is the original description for this product, any reference to warranty is to be ignored. Warranty for this item is 90 days as with all B Grade items.
B Grade items may have been used, have damaged packaging, missing accessories or a combination of these.
Some items may have scuff marks or slight scratches but should otherwise be an operable product.
Renowned for producing some of the world best CPU coolers, Zalman have now released their newest flagship cooler, the CNPS12X. It is the world's first "out of the box" triple fan cooler and is compatible with Intel latest LGA2011 Sandy Bridge E processors.
Worlds first "out of the box" triple fan CPU coolerThere are many CPU coolers available on the market that can accommodate three fans, but to make this happen at least one additional fan needs to be purchased which add to the expense. With the Zalman CNPS12X you get three 120mm blue LED fans built into the cooler so there is no extra costs. Also all three fans run off one fan header, making powering the fans extremely easy.
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Four-ever? Competition remedies in the audit market
Oxera
In light of recent accounting scandals, there are widespread calls for the UK competition authority to re-examine the audit market. Yet spending a substantial amount of resources on a market investigation, and concluding once again that there is a competition problem, is of little value if a suitable remedy cannot be found. A break-up of the Big Four is perceived by many as a necessary and long-awaited intervention, but is it the right solution? And if not, what would be an alternative remedy?
The UK audit market has gone through some turmoil recently.[1] This month the Financial Reporting Council (FRC), which regulates UK audit, announced a deterioration in audit quality across the ‘Big Four’ firms (KPMG, PwC, Deloitte and EY) compared with the previous year. Most notably, the FRC noted that 50% of KPMG’s FTSE 350 audits failed to reach the FRC’s standard for audit quality.[2] At a global level, the International Forum of Independent Audit Regulators found significant problems in 40% of the 918 audits of listed public interest entities that it inspected last year.[3]
The recent audit failures uncovered by regulators are hardly trivial. In Miller Energy the US Securities and Exchange Commission found that KPMG had overvalued certain assets by more than 100 times.[4] In BHS the FRC noted that PwC had signed off the accounts just days before the company was sold for £1.[5] In the more recent case of Carillion, equity analysts appeared unaware of the warning signs that might have been flagged by a good audit.[6]
These market outcomes in audit services are unsatisfactory from a policy perspective. The Big Four’s joint market share in FTSE 350 audit has been close to 100% for many years, and the Big Four likewise dominate the audit of large companies across the world. It is this high market concentration that is frequently blamed for the poor outcomes,[7] and regulators and competition authorities across the world have raised concerns about concentration ever since the collapse of Arthur Andersen in 2002. This year, two UK Parliamentary Committees have called for a new competition investigation by the Competition and Markets Authority (CMA) that ‘should explicitly include consideration of both breaking up the Big Four into more audit firms, and detaching audit arms from those providing other professional services’.[8] The Chief Executive Officer of the FRC and the CEO of PwC have both expressed support for the idea of having the CMA study the audit market afresh.[9]
Previous remedies in the audit market
The audit market is effectively dominated at the top end by the Big Four, and despite turmoil in financial markets the audit market structure has remained largely unchanged since 2002.[10] Concerns emanating from the high concentration include a lack of choice, a lack of innovation, higher audit fees, conflicts of interest, a lack of independence that weakens auditor professional scepticism, a systemic risk if one Big Four firm should fail, and, above all, poor-quality audit reducing the credibility and reliability of audited financial statements for the world’s largest companies.[11]
The previous investigation by the UK Competition Commission (CC), predecessor to the CMA, put forward a package of seven remedies, the most significant of which was a requirement that FTSE 350 companies put their audit out to tender at least every ten years (‘mandatory tendering’). Shortly thereafter, the EU introduced rules that obliged listed companies to switch their auditor (‘mandatory rotation’) every 20 years.[12] At the conclusion of the previous market investigation the CC expressed confidence in its package of remedies, noting that they should ‘increase choice’ and provide a ‘substantially improved environment for competition’.[13] The CC’s remedies package did not include any structural remedies.
The CC and EU remedies have not solved the problem of attracting more competition from outside the Big Four.[14] Indeed, the leading non-Big Four firms, Grant Thornton and BDO, between them have fewer FTSE 350 clients than before the regulatory interventions. In 2013, just before the new measures to boost competition were enacted, Grant Thornton had six FTSE 350 audit clients. In 2016, this number was unchanged. But in 2018 the firm said that it would exit the market for large audits.[15] In 2013 BDO had eight FTSE 350 clients, falling to five in 2016.[16] The previous rule changes are therefore widely perceived to have failed to remedy concerns over market concentration. The Big Four accountancy firms still audit 97% of FTSE 350 companies, a similar rate to that found by Oxera[17] in its 2006 market study for the FRC.[18]
What could structural remedies achieve?
Vertical separation
There are different types of structural remedies. Vertical separation of the Big Four firms into audit and non-audit services would not increase the basic number of firms participating in the FTSE 350 audit market, but it would increase the effective choice for many companies that have non-audit relationships with Big Four audit firms. These relationships can preclude, whether legally or in terms of company perception,[19] considering all four current audit firms as viable substitute auditors.[20]
Vertical separation would also be oriented towards audit quality, removing the conflicts of interest that can arise when the auditor also supplies valuable non-audit services. Yet the idea was not popular among investors at the time of the previous competition investigation. In 2012, an Oxera investor survey report found that ‘almost all investors surveyed do not want to see structural separation of the Big Four firms into audit and non-audit activities.’[21]
Horizontal separation
Horizontal separation of the Big Four firms would immediately improve choice in the sense of seeing more than four firms in the market, and also choice in terms of seeing several non-conflicted audit firms in every audit tender. Such a separation would therefore also, in general terms, improve competition. It could also serve audit quality by reducing the number of instances where a company involved in a complex transaction cannot realistically find an adviser that is not subject to some conflict of interest.
In the case of Carillion, PwC acted as the company’s pensions consultant (2002–17), then switched to advising the pension scheme trustees on Carillion’s restructuring proposals (from July 2017), and was finally appointed by the government to help manage the defunct Carillion after its collapse (from January 2018).[22] It would appear that PwC was the only viable choice to advise on Carillion’s insolvency, because it was the only Big Four firm that did not have active contracts with Carillion at the time of Carillion’s demise.[23] Expanding the market from a ‘Big Four’ to a ‘Large 6’ seems attractive in the face of such apparent conflicts, but realistically it would be a very difficult exercise if the aim is to create a ‘Large 6’ group of firms of similar size with similar international networks.
Would a break-up increase audit quality?
Audits are for the protection of investors against false accounting by a company’s management. The starting point is therefore that the true customer of audit, the investor, is not the procurer of audit services. This alone creates an environment in which market failures may be expected.
But why does audit quality fall short? Boeing and Airbus, Coca-Cola and Pepsi, and the Silicon Valley giants all operate in concentrated markets—but it seems highly unlikely that half of new aeroplanes, or soft drinks cans, possess substantial errors. Market concentration per se does not entail a poor-quality product: even a monopolist will have regard to product quality, knowing that if its product is faulty the financial consequences of fines and compensating consumers will typically be severe.
In equilibrium, a firm would only produce faulty items to the extent that it is rational to do so—i.e. if errors cannot be detected or if the financial consequences of errors are insubstantial. It seems to be widely accepted that audit quality is below the level demanded by investors, on whose behalf the audit is undertaken. The economics literature on audit has studied the link between greater market concentration and higher audit fees, but this does not help us very much in the present circumstances, where the primary concerns are not to do with high prices, or even exclusionary conduct, but with limited choice and sub-optimal quality. Where does the solution lie?
Penalties for poor-quality service
In public services markets (health, education) there is a high degree of regulatory supervision of quality—such as barring doctors who are found to be negligent, and awarding damages to patients harmed by negligence—even when the main providers are state-owned and have no incentive to chase profits at the expense of quality. In 2017, the UK National Health Service (NHS) estimated that the total liability for outstanding medical negligence cases could be as much as £56.1bn, and the £1.5bn annual NHS payout to settle claims is expected to double by 2023.[24] In audit, the strength of regulatory supervision by the FRC is subject to an independent review following concerns that it lacks adequate powers to intervene in the market.[25]
However, the FRC has recently been levying higher fines for audit errors. It fined PwC £6.5m regarding failed UK retailer, BHS;[26] £5.1m for its auditing of accountancy group, RSM Tenon (also, ironically, an auditor);[27] and £5m in relation to the property company, Connaught.[28] The other Big Four firms have also faced heavy fines, in both the UK and USA: £1.8m for EY’s auditing of Tech Data;[29] £4.8m for KPMG’s work on Miller Energy;[30] and £4m for Deloitte relating to the audit of Aero Inventory.[31] The FRC is also fining audit partners whom it finds to be responsible for misconduct—for example, the lead partner for BHS has been fined £325k and banned from working as an auditor for 15 years.[32] These FRC penalties are, however, minor relative to the £38m audit-related settlement reached by the UK’s largest pension scheme, USS, with PwC Brazil as part of a class action lawsuit against troubled oil giant, Petrobras.[33] But note that the FRC has this month implemented an increase in fines to £10m or more for ‘seriously poor audit work by a Big 4 firm’, following an independent review in 2017 of FRC sanctions.[34]
Are audit fines providing optimal enforcement?
From an economics perspective, if the deterrence effect of penalties is sufficiently severe, firms that might otherwise chase market share by cutting prices and their costs for a given audit will be deterred from cutting quality. In other words, when deterrence is weak, there is an opportunity for rent-seeking by firms that cut quality on unobservable dimensions. Although it might be argued that the cost to an accountant’s reputation is great enough to give the right incentives, this point seems difficult to sustain in light of the continued flourishing of firms that have had quite major hits to their professional reputations.
How large would audit fines need to be in order to deter bad audit? This article cannot provide the answer, but it may be instructive to look at a comparison between audit fines and cartel fines (in the EU). The latter are set based on the European Commission’s criteria. As the Commission explains:
The Commission’s policy with regards to competition law infringements is one of prevention … [fines] are ultimately aimed at prevention, and must hence fulfil two objectives: to punish and to deter. Breaking the competition rules is profitable if it goes unpunished – that is why companies do it.[35]
European Commission cartel fines are set based on the gravity and the duration of a competition infringement, and are capped at a maximum of 10% of a company’s total turnover. The 10% turnover ceiling for fines is engaged only when a cartel fine based on the usual criteria would otherwise be set at more than 10% of turnover.
Cartel fines are large compared with audit fines, as Tables 1 and 2 illustrate. Looking at FRC audit fines in the cases mentioned above, the average fine is 0.016% of a Big Four firm’s annual global turnover, as shown in Table 1. The final column of Table 1 indicates that increasing this percentage to 0.5% would lead to fines of a much greater order of magnitude. This is purely illustrative; it is not a recommendation as to the optimal size of audit fines.
Source: FRC and the audit firms’ annual reports for fiscal year 2017.
How do cartel fines compare? Weighted by the number of fines falling into each percentage bracket of turnover, the average European Commission cartel fine is 2.40% of turnover. This means that cartel fines expressed as a percentage of global turnover are about 150 times larger (2.40% divided by 0.016%) than FRC audit fines measured in the same way. Table 2 shows the calculation of the weighted average European Commission cartel fine.[36]
Table 2 European Commission weighted average cartel fines as a percentage of a company’s global turnover
Source: European Commission cartel statistics, last updated 21 March 2018.
It might be argued that increased deterrence for poor audit would come at the cost of competition, such as financial penalties leading to market exit and a ‘Big Three’, or hiking the barriers to entry for non-Big Four audit firms. Likewise, the Commission does not wish to fine a cartel with penalties that are so high that the consequence would be a reduction in the number of market competitors (or else the competition remedy would be self-defeating). Hence the scaling of cartel fines to turnover, and the ‘inability to pay’ test, whereby the Commission can reduce the scale of fines where it is shown that they pose a serious threat to the economic viability of the undertaking concerned. Scaling audit fines to audit firm turnover makes it unlikely that such penalties would deter entry or cause the market exit of one of the Big Four. The cartel fines policy therefore has useful principles, albeit it does not indicate the right order of magnitude for audit fines.
Fines set as a percentage of turnover would of course decline if measured against a smaller metric for revenue. As a hypothetical exercise, taking Big Four audit-only revenues as the denominator, the FRC fines mentioned previously would be on average 0.039% of the firms’ global audit-only revenues. In this scenario cartel fines at 2.40% of global turnover would be about 60 times greater than the FRC recent audit fines (2.40% divided by 0.039%), and a hypothetical fine of 0.5% of audit fines would amount to between £45m and £60m. The latter figures are much closer to the penalties proposed in last year’s independent review of FRC sanctions—i.e. ‘£10 million or more (before any discount)’. Note also that the independent review recommended that ‘the figure could be well above [£10m] if dishonesty or conscious wrongdoing were involved.’[37]
Evidence on the deterrence effect of cartel fines can be found in the economics literature. Professor Stephen Davies at the ESRC Centre for Competition Policy estimates that cartel deterrence is highly effective:
On the most conservative of our estimates, more than half of all potential cartel harm never occurs, because it is deterred. This is very much a lower bound, and the proportion could be as high as 90%.[38]
Similar research would be required to understand the effects of a different penalty regime for poor audit.
Break-up or shake-up?
There is little doubt that a new CMA investigation would consider a break-up remedy. However, no matter what the divestments and structural changes, the inherent tension within the industry’s ‘client pays’ business model is likely to remain—that is, an auditor’s basic conflict between serving the paying client and serving the greater good.
If it were to address that conflict, the CMA would need to look into penalties and deterrence, as well as studying the effects of a break-up remedy. It is not realistic to expect the CMA to be able to fix every major issue in the market by achieving the goal of reduced concentration in FTSE 350 audit.
The quality of audit might be improved with a more disaggregated market, but this link is not certain. Moreover, it is possible that greater deterrence for bad audit would lead to an organic change in market structure: the Big Four have expertise in advising clients as to when a substantial divestment or restructuring might increase shareholder value. It seems possible that, in a world of greater deterrence, the accounting firms might look inwards using this expertise and shake up the market structure themselves.
Possibly the Big Four firms are already thinking along these lines. According to a letter from the two MPs who led the parliamentary review on Carillion, voluntary break-up scenarios are now under active consideration:
Since our report was published, Bill Michael, Chairman KPMG UK, said his firm had been thinking about break-up scenarios ‘for some time’ as the current business model of the Big Four is ‘unsustainable’. Mr Michael is quoted as saying:
‘The profession, like it or not, is an oligopoly. You can’t be all things to all men and women forever. We have to reduce the level of conflicts and demonstrate why they are manageable and why the public and all stakeholders should trust us.’
Other Big four firms have reportedly begun making preparations for a break-up.[39]
Finally, the example of cartel fines shows that they are of a different scale to audit fines, raising the question as to whether fines should be reconsidered in the audit market. Penalties for anticompetitive conduct are used for prevention, not retribution. An audit firm with consistent high quality would have a minimal incidence of fines, which would place the high-quality firm at a competitive advantage to an audit firm with lower quality.[40] If audit quality became high across the market, no firm would be faced with very substantial financial penalties, and investor perceptions as to the value of statutory audit might be restored. In summary: prevention is better than cure.
[23] Peter Kyle, Member of the Business, Energy and Industrial Strategy Committee, speaking at the pre-appointment hearing with the Government’s preferred candidate for Chair of the Competition and Markets Authority, HC 985, 24 April 2018. See Transcript of oral evidence, Question 34, p. 19.
[36] The European Commission statistics provide the percentages of fines imposed on undertakings per cartel infringement. Certain cases may comprise several infringements for which multiple counting of undertakings is considered.
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75 Ill. App.2d 144 (1966)
220 N.E.2d 590
Decatur and Macon County Hospital Association, a Corporation Not For Profit of Illinois, for the Use of Niagara Fire Insurance Company, Phoenix Assurance Company, Standard Fire Insurance Company, Rochester American Insurance Company, American Insurance Company, United States Fire Insurance Company, Hartford Fire Insurance Company, and Merchants Fire Assurance Corporation, Plaintiff-Appellee,
v.
Erie City Iron Works, a Foreign Corporation, T.A. Brinkoetter & Sons, Inc., a Foreign Corporation, and Illinois Power Company, an Illinois Corporation, Defendants, Erie City Iron Works, a Foreign Corporation, Defendant-Appellant.
Gen. No. 10,679.
Illinois Appellate Court Fourth District.
September 26, 1966.
Rehearing denied October 24, 1966.
*145 *146 Earl S. Hodges, of Springfield, and Greanias & Owen, of Decatur (Marshall A. Susler, of counsel), for appellant.
Giffin, Winning, Lindner & Newkirk, of Springfield (James M. Drake, of counsel), for appellee.
TRAPP, P.J.
Defendant Erie City Iron Works, hereinafter designated Erie, appeals from a judgment in the sum of $30,818.50 entered in favor of the plaintiff upon the verdict of a jury against Erie and T.A. Brinkoetter & Sons, Inc. Other disposition has been made as to the case against the latter and we consider only the appeal of Erie.
Plaintiff's action was for property damage in the approximate amount of the judgment incurred as the result of the explosion of a gas-fired boiler manufactured by Erie and installed by Brinkoetter. At the time of the explosion installation had just been completed and was at the stage of the initial start-up and adjustment of the boiler. Title to it had not yet passed to the plaintiff.
The defendant's theory is that defendant was not guilty of the negligence that was the proximate cause of plaintiff's damages; that the court should have directed a verdict in favor of this defendant, or granted defendant's post-trial motion for judgment notwithstanding the verdict of the jury or, in the alternative, should have granted defendant a new trial of the issues, because of error committed by the court in submitting, to the jury, both Count I and Count II of plaintiff's complaint, which respectively were predicated upon a res ipsa loquitur theory and specific negligence theory; that there was error by the court in denying defendant's motion for mistrial because of prejudicial conduct of counsel; that conduct of *147 a juror was prejudicial to defendant; and that there was error by the court in giving certain instructions to the jury; and other errors hereinafter discussed.
Plaintiff purchased the boiler as a "package" boiler fabricated by Erie at its plant and shipped assembled for installation as a complete unit with automatic firing controls built on.
The fire control unit and the main motorized valve were not manufactured by Erie but were purchased by it and affixed to the fabricated boiler. The Brinkoetter contract called for it to install the boiler and connect it to the line bringing gas into the building.
In making the installation, Brinkoetter did not install what has been called a "dirt leg," i.e., a trap consisting of a length of pipe extending beyond the point where a vertical gas line is turned so that it travels horizontally. Its function is to catch condensed moisture and debris in the gas line. Plaintiff had retained consulting engineers to design and supervise installation of the boiler. The schematic drawing provided by the engineer did not show a "dirt leg." The latter testified that the contractor should install a "dirt leg" whether drawn in the plans or not. Officers of Brinkoetter say that it puts in dirt legs when the plans call for them, otherwise it does not.
Neither the fabricated boiler nor the connecting line, as installed, included a "strainer," which is described as a distinctive appearing section of pipe containing a screen, the function of which is to catch debris which might be carried through the line by the flow of gas. When used, it is installed in the line ahead of the valves and controls. A brochure of the valve manufacturer recommended that a strainer be placed ahead of the main valve. Such a strainer was not included in the unit fabricated by Erie. The consulting engineer's schematic drawing did not include a strainer. He testified that he would have included it if he had known that a strainer was recommended. An officer of Brinkoetter testified that he had never heard *148 of a strainer in a gas line. In behalf of the latter, its foreman and employes testified that as the gas line was being installed, steps were taken to knock loose the scale and clean the connecting pipe. It appears that the installation was nearly completed when the contractor was advised by the gas company foreman that it would be necessary to install a regulator, i.e., a device which lowered the pressure from the 35-pound pressure in the main to some 10 pounds as specified by the boiler. A used regulator was available at the hospital and was installed. At first it did not function, but after some adjustment was observed to be reducing the pressure. It was not tested after the explosion. In installing the regulator at this time, it was necessary to cut the gas line with a torch and weld on a section of pipe. It does not appear what, if anything, was done to inspect for and remove debris in the pipe following this operation. There is some conflict in the evidence as to whether or not welding slag would enter the pipe by reason of this work.
Under the terms of its contract with Erie, plaintiff elected to have the services of a start-up engineer. Upon notification of the completion of the installation such engineer, one Enders, was sent by Erie. The explosion in issue occurred at 11:40 a.m. on Thursday, September 25, 1958. In summary, it appears that Enders had arrived on the preceding Tuesday, that the boiler was started up and fired for some 20 hours and then shut down, and that on the morning of the 25th it had been started up and fired for some 2 hours preceding the explosion. Enders died following the explosion, apparently as the result of injuries sustained.
With regard to the things done during this period, one Binns, a member of the hospital maintenance staff, testified that Enders started the boiler operation, handled the controls and made adjustments, and that immediately prior to the explosion Enders was making an adjustment of the water level in the boiler. Charles Fearn, foreman *149 of the gas distribution crew of the utility company which was working on the exterior gas line, testified that he had been in the boiler room during the morning and Enders had told him that the boiler was on low fire or "no load" firing, and that he was going to test the boiler on high fire, asking Fearn to time the meter outside so that there could be a measurement of the cubic feet of gas entering the boiler on high fire. No specific arrangement was made as to when this would be done.
Following the explosion, a State boiler inspector, and representatives of the interested parties, together with engineers and experts retained by them, assembled at the scene to examine the boiler which had been kept undisturbed. Several of them testified that they had noticed the absence of the dirt leg and the screen in the gas line connected to the boiler. The main valve was examined as to its external indicator and the testimony varies from the statement that it was apparently closed, through slightly open to one-third open. The boiler inspector testified that he assumed that it was open. It does not appear that any organized procedure was followed so that each expert present observed all of the matters testified to.
The main valve was then disassembled. Most witnesses testified to observing some scale and several pieces of welding slag on both the upstream and downstream sides of the valve.
There is testimony that upon examination of the several parts of the valve, a resilient neoprene seal was observed to be indented and that the stainless steel seat of the valve was scored to a depth of 1/16th of an inch or so, the width of the indentation being that of a blade of a table knife. There is other testimony that the seat bore only normal scratches. It does not appear that tests were made to determine whether the indentations on the neoprene seal coincided with the scoring of the valve seat. At the trial the neoprene seal no longer bore any indentation. *150 This was explained as being due to the resilient nature of the substance. The steel valve seat was not produced at the trial.
The consensus of the testimony is that there was a gas explosion followed by an explosion of the boiler itself. The opinion testimony is that the first explosion resulted from the ignition of a surplus of gas within the combustion chamber, which gas was somehow ignited. Paul Wilson, an employe of Erie in charge of their service department, testified that he did not believe it possible to find the actual cause of the majority of explosion cases, and George Harper, a professor of engineering at the University of Illinois, testified that in such an explosion things are so disrupted that it cannot be ascertained with certainty what happened, but that it was necessary to draw deductions.
From the record it appears that a variety of factors inducing the explosion may have existed. There is, of course, the contradictory nature of the testimony as to whether or not the motorized main valve was closed or open, whether or not slag from welding had lodged in the main valve so that it was not completely closed, and whether such slag would be sufficient to hold the valve open with the pressures concerned without distorting the valve stem, which apparently was in normal condition.
There is testimony by Ted Brinkoetter that the control system, upon being tested, did not always work, but there is also testimony that it functioned correctly upon tests. Harry Reynolds, an investigating engineer retained by the plaintiff, testified that it would take a very small amount of gas to cause an explosion in this boiler, and that it was particularly hazardous to operate the boiler on a "no load" basis as the mixture of air and gas gets out of balance and becomes explosive. He also testified that upon initial examination, the oil burning switch was on instead of the gas burning switch. A witness, testifying in behalf of Brinkoetter, stated that shortly before the explosion, *151 Enders flipped a switch and that the flame in the boiler went out and did not come on again.
It is one of defendant's arguments that by this contract it was to furnish a package boiler but had no responsibility for its installation. This position was taken in its first motion to the complaint and is argued here.
The nature of defendant's disclaimer seems to be based upon its Exhibit #1 contained in a foreword to the instruction manual which Erie shipped with the boiler. A relevant part includes the following:
"When the service of an Erie City Iron Works Engineer is provided for the customer, it is for the purpose of aiding in the training of the customer's personnel and not to replace them or assume any of their duties. It should be understood that the responsibility for operation rests solely with the customer's operators and the Erie City Iron Works assumes no responsibility for the customer's operators' failure to properly perform their respective duties, and the presence of an Erie City Iron Works Engineer at the customer's plant in no way relieves the customer's personnel of any of their responsibilities."
The following also appears in slightly varying form in several places in the contract for the purchase of the boiler:
"With respect to all preliminary operations, initial start-up, demonstration of capacity and performance guarantees, representatives of the Company are authorized only to advise and consult with the Purchaser or its representatives and no representative of the Company is licensed to operate the equipment. In the event the Purchaser shall operate the equipment specified hereunder prior to final acceptance, the Purchaser shall indemnify and save harmless the Company against any loss or expense and against any liability imposed upon the Company, resulting *152 from the operation of such equipment by the Purchaser prior to final acceptance, except any such loss, expense or liability for injury or damage resulting from the negligent acts or omissions of the Company or its agents or employees." (Emphasis supplied).
It appears from the testimony that the package boiler is not operational upon delivery but requires adjustment to make it perform properly. Paul Wilson, who is in charge of field service for defendant, testified that the linkage of the butterfly valve regulating the ratio of air and gas must be adjusted and that the damper linkage must be "positioned." He testified that the service engineer never operates the boiler but that it is the obligation of the purchaser to make such adjustments according to the engineer's instructions. He testified that it was the service engineer's duty to make a visual check of the gas line installed, check the controls and firing equipment, consult and assist placing the boiler in service, instruct in operating the boiler and its controls and assist in making the final adjustments.
Brewster, a witness for Brinkoetter, testified that Enders examined the pipeline but made no suggestions for changes in the work as installed, and the record is that Enders did, in fact, start-up and fire the boiler, make adjustments, and made or had arranged to make the tests, including the testing of its capacity on the high fire. Binns, an employe of the hospital, testified that no one other than Enders handled or adjusted the controls. The manual submitted by Erie contains a section A designated "Preparing the boiler for service Inspection of unit." Section A-1 states that prior to placing equipment in service a complete inspection should be made to determine its condition and continues:
"In case of newly constructed power equipment, this inspection should insure that the unit has been correctly completed."
*153 Section A-2 is as follows:
"Responsibility for the completion of construction normally rests with the customer's construction engineer working in conjunction with the manufacturer's erection or service engineer. At completion of construction work, an inspection should be made in the presence of the customer's construction engineer, operating engineer, the construction superintendent and the manufacturer's engineer (if one is present) and agreement reached that the equipment is in a satisfactory condition for placing into service."
There is no evidence that such inspection or agreement was reached or called for by defendant's service engineer.
As to the contention that by contract Erie had no responsibility, claimed under its Exhibit #1, the "foreword" to the instruction manual and the several provisions set out in the contract should not control under these circumstances. The effect of these documents might be that Erie could not be required to perform the tests and effect the start-up of the boiler, but they should not control liability where under the evidence it might be reasonable to conclude that they did, in fact, undertake and perform the work. The contract provision quoted does not attempt to exclude negligence of Erie employes.
Erie discusses Count I of the complaint as involving the principles of res ipsa loquitur under a pleading of general negligence. These principles are thoroughly discussed in Metz v. Central Illinois Electric & Gas Co., 32 Ill.2d 446, 207 NE2d 305, and need not be reiterated.
[1] Erie urges that the inference of negligence under Count I should not be allowed because the boiler was not under its exclusive control. The defendant points out that the evidence discloses that Enders, Brewster, an employe of Brinkoetter, Binns, an employe of the hospital, and Robert Brinkoetter were all present at the time of the explosion. The evidence has been examined to determine *154 what, if anything, these individuals were doing to exercise control of the unit. We cannot say that it is contrary to the manifest weight of the evidence for the jury to conclude that Erie's man Enders was, in fact, in control of the proceedings incident to the start-up and testing of the boiler. There is no evidence that any person other than Enders participated in any phase of the work.
In May v. Columbian Rope Co., 40 Ill. App.2d 264, 189 NE2d 394, the complaint alleged the purchase and delivery of a new rope which broke shortly after placing the rope into use. There was judgment n.o.v. entered by the trial court. The Appellate Court reversed, holding that the inference of negligence under the theory of res ipsa loquitur was properly applicable. As to that defendant's contention that it was not in control of the rope at the time of the injury, the court said:
"Decisions from other states and recent cases here reject this inflexible application of a rule of control and hold that a defendant in a res ipsa loquitur case cannot automatically defeat an allegation of negligence with a bare showing that, before harm struck, it had parted with control of the harmful instrumentality. (Prosser, Torts 206 (2d ed 1955).)
"The demonstrable trend of these authorities is to determine from the nature of the defective instrumentality and the surrounding circumstances whether the inference of the defendant's negligence is strong enough to survive the fact that, between the defendant's control and the plaintiff's injury, another possession intervened."
The court continued to say that it was for the determination of the jury as to whether the permissive inference of negligence arising from the facts was to prevail over defendant's countervailing proof of due care.
As stated in Prosser, Law of Torts, 2d ed 1955, p 206, chap 7, § 42, the word "control" may be the wrong word. It is said:
*155 "Some courts have said that it is enough that the defendant was in exclusive control at the time of the indicated negligence. It would be far better, and much confusion would be avoided, if the idea of `control' were discarded altogether, and we were to say merely that the apparent cause of the accident must be such that the defendant would be responsible for any negligence connected with it."
In Schroeder v. City & County Sav. Bank of Albany, 293 NY 370, 57 NE2d 57, the defendants were several contractors and the owner of a building under repair. The court noted:
"It is not necessary for the applicability of the res ipsa loquitur doctrine that there be but a single person in control of that which caused the damage."
Amongst other cases defendant relies upon Kirchner v. Kuhlman, 334 Ill. App. 339, 79 NE2d 628. There defendant's employes were working on plaintiff's premises but we find no evidence that these defendants had control of the trash container belonging to the plaintiff in which the fire started. Again, in Krump v. Highlander Ice Cream Co., 30 Ill. App.2d 103, 173 NE2d 822, the collision of two automobiles caused one of them to strike and damage plaintiff's building. While the court said that the doctrine of res ipsa loquitur did not apply, it did hold that there was a presumption of negligence where an accident occurred which would not ordinarily occur if due care had been taken, and that it was proper to call upon the defendants to exculpate themselves. The distinction between this conclusion and the theory of res ipsa loquitur appears slight.
[2] Defendant argues that Count I of the complaint alleged general negligence stating a cause of action upon the theory of res ipsa loquitur, while Count II alleges certain acts of specific negligence, and that under the authorities in this State the inference of negligence which *156 arises under res ipsa loquitur, "vanishes" upon the introduction of evidence of specific negligence. Amongst the authorities cited are Bollenbach v. Bloomenthal, 341 Ill. 539, 173 NE 670. This rule has been categorically overruled by our Supreme Court in Metz v. Central Illinois Electric & Gas Co., 32 Ill.2d 446, 207 NE2d 305. In that case the complaint charged general negligence in one count employing the theory of res ipsa loquitur, and in a second count alleged specific negligence. At the close of the evidence plaintiff was required to, or did elect, to rely upon the charge of negligence and the theory of res ipsa loquitur. The verdict for the plaintiff was reversed in the Appellate Court on the theory that res ipsa loquitur did not apply as other parties had access to the area of the gas main. In reversing the Appellate Court, the Supreme Court remarked upon the conflict amongst the Illinois decisions. We may note that many of these decisions are in broad language open to a variety of interpretations, and frequently they do not indicate the reason for the decision. In Metz the Supreme Court concluded that the more studied, more just view is that the inference of negligence does not vanish when contrary evidence appears, but that it remains to be considered and weighed by the jury against the direct evidence offered by the party charged, citing Cobb v. Marshall Field & Co., 22 Ill. App.2d 143, 159 NE2d 520; Illinois Pattern Jury Instruction, 22.01 with comment on pages 128, 129; Prosser, 20 Minn L Rev, 241. See also O'Hara v. Central Illinois Light Co., 319 Ill. App. 336, 49 NE2d 274; May v. Columbian Rope Co., 40 Ill. App.2d 264, 189 NE2d 394.
[3] Defendant's contention that plaintiff should have been required to elect as between the counts is controlled by the rule of Metz. Defendant's authorities are Wm. Wrigley, Jr. Co. v. Standard Roofing Co., 325 Ill. App. 210, 59 NE2d 510; and Simmons v. South Shore Hospital, 340 Ill. App. 153, 91 NE2d 135. In the former case the Appellate Court undertook to specify what may be described *157 as the requirements that plaintiff elect between the general negligence count and the count for specific negligence. The only cited authority for such procedure was Bollenbach v. Bloomenthal and its rule that the inference of negligence vanished upon the introduction of evidence of specific negligence. By reason of the Metz decision, this reason for such rule no longer exists. Simmons v. South Shore Hospital, as well as Jackson v. 919 Corp., 344 Ill. App. 519, 101 NE2d 594, simply relied upon the rule of Wrigley as authority without discussing it.
There is, in fact, persuasive opinion contrary to the contention of Erie regarding the theory of election in Erckman v. Northern Illinois Gas Co., 61 Ill. App.2d 137, 210 NE2d 42. There premises were damaged by an explosion of gas leaking from the company lines. The complaint alleged only specific negligence and there was some evidence of a failure of periodic inspection. The trial court gave an instruction authorizing the jury to apply, or employ, the inference of negligence under res ipsa loquitur. The Appellate Court reversed since there was no pleading of general negligence, but stated that upon a new trial the complaint should be amended to include such an allegation. The court there said:
"An inference of general negligence arising from the doctrine of res ipsa loquitur is not necessarily inconsistent with proof of specific negligence. To hold that proof of specific negligence precludes the application of the res ipsa doctrine could lead to the absurd result of weak proof of specific negligence voiding a strong inference of general negligence.... If there is an inference of general negligence and proof of specific negligence, but reasonable men may differ as to the effect of this evidence, it should then be for a jury to determine under which theory, if any, the plaintiff should prevail. McCormick v. Kopmann, 23 Ill.2d 189, 205, 161 NE2d 720 (3rd Dist 1959)."
*158 [4] The Illinois courts recognize that the doctrine of res ipsa loquitur is but one form of circumstantial evidence. May v. Columbian Rope Co., 40 Ill. App.2d 264, 189 NE2d 394.
It has been suggested that the doctrine that requires election assumes that the inference arising through res ipsa loquitur must be an alternative to direct proof rather than a type of circumstantial evidence to be weighed with other evidence, and it has been criticised as an assumption that the pleader must be totally ignorant of the facts. 2 ALR3d 1335, at 1340. There is reason in the hypothesis that there should not be a penalty imposed upon the pleader for placing before the court all facts known to him. 27 Fordham L Rev, 411-415; Foster v. Union Starch & Refining Co., 11 Ill. App.2d 346, 137 NE2d 499. This is particularly true when an allegation notifies the defendant of the intent to rely upon the inference of negligence arising under the doctrine of res ipsa loquitur. It is the policy under the rule of Metz v. Central Illinois Electric & Gas Co., 32 Ill.2d 446, 207 NE2d 305, that once the inference of negligence arises through allegations of general negligence, it remains for the consideration of the jury, unless and until the precise cause of the injury is established. 27 Fordham L Rev 411. In Prosser, Law of Torts, 2d ed, chap 7, § 43, p 214, it is suggested:
"It is quite generally agreed that the introduction of evidence which does not purport to furnish a complete explanation of the occurrence does not deprive the plaintiff of res ipsa loquitur."
In Cassady v. Old Colony St. Ry. Co., 184 Mass. 156, 68 NE 10, at p 12, the court said:
"The defendant also contends that, even if originally the doctrine would have been applicable, the plaintiff had lost or waived her rights under that doctrine, because, instead of resting her case solely upon it, she undertook to go further, and show particularly *159 the cause of the accident. This position is not tenable. It is true that, where the evidence shows the precise cause of the accident, (citing authorities), there is, of course, no room for the application of the doctrine of presumption. The real cause being shown, there is no occasion to inquire as to what the presumption would have been as to it if it had not been shown. But if, at the close of the evidence, the cause does not clearly appear, or if there is a dispute as to what it is, then it is open to the plaintiff to argue upon the whole evidence, and the jury are justified in relying upon presumptions, unless they are satisfied that the cause has been shown to be inconsistent with it. An unsuccessful attempt to prove by direct evidence the precise cause does not estop the plaintiff from relying upon the presumptions applicable to it."
We believe that this position was approached in Krueger v. Richardson, 326 Ill. App. 205, 61 NE2d 399, when the court noted that the plaintiff was not required to prove the specific acts of negligence as alleged, but they had a right to rely upon the proof and its reasonable inferences to establish a prima facie case of general negligence.
In this case it seems proper to say that reasonable men might differ as to the effect of the evidence heard by the jury. Expert witnesses would not even undertake to announce an hypothesis, but rather advised of the virtual impossibility of reaching a specific determination of what caused the explosion. This situation here appears to be precisely that contemplated in the language of Erckman v. Northern Illinois Gas Company.
[5] In its reply brief Erie contends that the doctrine cannot be followed because there are multiple defendants. No Illinois cases seem applicable as precedent. In Schroeder v. City & County Sav. Bank of Albany, 293 NY 370, 57 NE2d 57, it was held error to dismiss a complaint seeking to apply res ipsa loquitur as against three defendants. *160 See also Burr v. Sherwin-Williams Co. (Cal App), 258 P.2d 58, 38 ALR2d 905 et seq. Again in Zichler v. St. Louis Public Service Co., 332 Mo 902, 59 S.W.2d 654, general negligence was pleaded against the service company while specific negligence was pleaded as to another defendant who was found not guilty by the jury. It was contended that it was improper to permit the res ipsa loquitur inference to be applied to one joint tort feasor, but not the other. Pointing out that the rule was one of evidence rather than pleading, the court said:
"A plaintiff should not be compelled to confine his action to one joint-feasor only in order to be accorded the rights which the law gives to him."
It being the policy under the rule of Metz that the inference of negligence is to be weighed by the jury with other evidence, we see no reason why the benefit of such rule should be denied to the plaintiff where under the events at issue, more than one party may be the source of injury to the plaintiff for otherwise he would be limited in the use of, or be completely denied the benefit of the rule. In Metz the Supreme Court said that whether the doctrine applies in a given case is a question of law for the trial court. We believe that these conclusions dispose of the contentions of Erie that the court erred in refusing to strike par 8 to Count I.
Defendant contends that the case must be remanded for error in the giving of instructions. His objection to plaintiff's instruction #20 is that it permits the jury to consider the case upon the theory of res ipsa loquitur, as well as upon the allegations of specific negligence. The matters hereinabove discussed dispose of this contention.
[6] There is objection to Brinkoetter's instruction #6 which may be summarized as an issues instruction relating to negligence alleged as to Erie and as to the defendant Brinkoetter. It is contended that as to Erie there is no evidence in the record as to certain matters *161 stated in the instruction to be alleged in the complaint. The Abstract discloses that at the conference on instructions Erie simply made the objection that the evidence did not support all of the charges. This does not meet the rule that specific objections to instructions must be made at the conference on instructions. Vasic v. Chicago Transit Authority, 33 Ill. App.2d 11, 180 NE2d 347. The court's comment indicates that he believed that those matters not supported by the evidence had been omitted from the instruction. Under such circumstances we do not believe that there is reversible error.
[7] Erie urges that the cause must be reversed and remanded by reason of the fact that a juror on voir dire indicated that he was not interested in any lawsuits then pending in court, but that subsequent to the trial, counsel discovered that he had been defendant in a lawsuit and was, at the time of trial, a plaintiff in a pending cause. Erie does not contend that it was, in fact, prejudiced by the juror sitting upon the panel, but says that the prejudicial effect cannot be calculated. It indicates that it could have challenged the juror, though it is not claimed that it would have done so. In Department of Public Works & Buildings v. Christensen, 25 Ill.2d 273, 184 NE2d 884, it was alleged that the party would not have accepted the juror if a true answer had been given. The Supreme Court there held that the motion for a new trial would be denied unless it was shown not only that the juror answered falsely, but also that prejudice resulted. Erie cites the case of People v. Ortiz, 320 Ill. 205, 150 NE 708, which may be distinguished because in that case the juror had actually expressed hostility to the defendant which he had concealed.
[8] Erie urges that the judgment must be reversed because of a reference to insurance introduced during cross-examination in behalf of the defendant Brinkoetter. One George Harper testified in behalf of the plaintiff as an expert witness who had examined the boiler following *162 the explosion. It appears that he had originally been requested to make the examination by a representative of the company insuring Erie. The name of the insurance company was given in answer to a question to whom he had delivered his report. The trial court sustained an objection to a question as to what party was covered and an objection as to whether the insurance company represented Erie. The trial court, while indicating disapproval of counsel's action, denied the motion for a mistrial.
It is clear that plaintiff did not, in any way, precipitate this issue. Under the circumstances of this case, the proceedings clearly indicated to the jury that certain insurance companies were to be the beneficiaries of a judgment for plaintiff. This fact would seem to indicate little probability of prejudice as between insurance companies upon the issue of liability. Edwards v. Hill-Thomas Lime Co., 378 Ill. 180, 37 NE2d 801.
Upon the possibility of prejudice regarding the issue of damages, the amount of the verdict is slightly less than the amount paid by plaintiff to Erie for the boiler. Insofar as counsel may have attempted to create prejudice as between the parties defendant, the verdict of the jury is joint and they seem to make no distinction. Under the circumstances of this case, we conclude that there was no abuse of discretion by the trial court in refusing to grant a mistrial. Isenhart v. Seibert, 6 Ill. App.2d 220, 127 NE2d 469.
[9] Upon consideration of the issues of law, we conclude that the trial court did not err in refusing to direct a verdict or enter a judgment n.o.v. upon the several motions made by Erie, and that, from an examination of the evidence, the verdict of the jury is not contrary to the manifest weights of the evidence.
Taken with the case was plaintiff's motion to dismiss as a "use plaintiff" the Niagara Fire Insurance Company. The effect of such dismissal is to reduce the amount of *163 the judgment in the sum of $4,873.05. The motion is allowed and the judgment ordered reduced in said amount.
The judgment of the trial court is affirmed, but the cause is remanded with directions to enter judgment in the amount due by reason of the dismissal of the party plaintiff pursuant to motion.
Affirmed as modified.
SMITH and CRAVEN, JJ., concur.
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Susy and Geno, Inseparable!
Susy and Geno’s long-awaited reunion finally took place on March 11 at Market-Market Mall in Taguig!
A few weeks ago, Susy started a massive search for her missing friend Geno . Susy even put up a Facebook page where all info, photos and videos in relation to the search was posted.
Finally after weeks of anticipation, Susy and Geno reunited again where the two met up not only with each other but with their loyal and very enthusiastic supporters, waving banners and placards expressing their unwavering support.
Geno arrived at the activity center holding a fresh bouquet for Susy. It was a wonderful day for Susy and Geno and for their solid fans club. After long years of waiting, the two best friends shared a long and warm embrace.
Check out this YouTube video dance performance from Susy and Geno!
The two gladly gave a dance number people requested for. Afterwards, the pair mingled with the crowd where the latter grab the chance to take photos with them.
The reunion was also the first public appearance in many years for the faces of Sustagen Milk in the 80’s and 90’s, who disappeared from the public eye, only to re-emerge two decades later, starting with Susy’s return last February. Only then would we find out that she and Geno had actually lost touch through the years.
Meanwhile, Susy and Geno’s friends from Sustagen also did their part, providing free milk for all guests and fans.
It was a lovely day for Susy and Geno and for their loyal supporters. I’m sure happy memories came to you as you watched them reunited. |
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VIOLENT/NON-CONSENSUAL SEX WARNING/DISCLAIMER: It is a story portraying a Conqueror/slave relationship, so it would appear non-consensual at first. As for sexual violence, there are scenes (In parts 3 and 4) which are detailed and graphic, and may not suite some readers.
Lord Conqueror of the Realm
Written by WarriorJudge
Part 19
In northern Greece , in the tavern on the border between Philippi and Macedonia , Nobleman Verosus and Nobleman Marton met with Domitia, in a room they had rented. The two Noblemen could not afford being overheard or even being seen in public with the lass.
"I don't understand. What did you do wrong?" the frustrated Nobleman Marton shouted at poor Domitia, who of no fault of her own found herself in this impossible and dangerous position. It was all Nobleman Marton could do not to resort to physical violence.
"I did exactly as I'd been told…" the young woman tried to defend herself.
Nobleman Verosus sent his fist through the wall. "Then the Conqueror should have been all over you… in and out of you!" he yelled and his eyebrows nearly touched together.
"The Conqueror wouldn't touch me," said Domitia.
Both Noblemen were still waiting for a reasonable explanation for this brilliant failure.
"Perhaps the Conqueror loves the Queen," she suggested quietly and shrugged.
Both men burst into laughter.
"Young women… All soft in the head… some of them never learn…" said Nobleman Verosus .
"Silly child," said Nobleman Marton, "the Conqueror doesn't love. The Conqueror lusts, lusts after power, lusts after blood and lusts after women, that is all. That is the source of her power. That's what sets her ever so highly above the rest of her sex. She feels no emotions and so she isn't governed by them."
"Well, the Lord Conqueror did marry the Queen," argued Domitia.
"She only married her concubine to spite us, to show us who truly rules the Empire. It is common knowledge even amongst complete idiots!"
Nobleman Marton turned to Nobleman Verosus and said, "We must consider the possibility that the Conqueror didn't take this silly girl over here because she realized it was all a ploy."
"By the Gods… what shall we do? Should we run?" Terror began to tighten its grip over Nobleman Verosus and he began fidgeting like a skittish horse.
"We are governors, we can't just disappear. Besides, there is no escaping the Conqueror. There is no place to hide, no place out of the Conqueror's reach. If we run now, the Conqueror will know we're guilty. Let me think…" Nobleman Marton said.
After some time had elapsed in silence with both men pacing restlessly from wall to wall, Nobleman Marton continued: "Lady Messalina won't say anything. She's neck deep in this and she has too much to lose."
"The Lord Conqueror knows nothing more than my name, and I am hardly the only Domitia in the Realm," she said. "And I wore nothing that would imply my station."
"That's very good. We might just come out of it alive," he said.
***
Two days had gone by. The Conqueror and the Queen were taking a stroll in the Imperial gardens, near the lily pond that the Queen adored so much. As they walked together side by side, enjoying the morning sun, the odor of blossoms and the light exercise, Gabrielle recalled the days when she had been a slave. How she used to walk in these magnificent gardens, trying to understand her Lord's moods and actions. It felt like a lifetime ago. As if to remind herself that she was in a different place now, that those days were over, Gabrielle reached for her Lord and interlaced her arm with the Conqueror's.
"They are all waiting for us in the Great Hall," Gabrielle said.
"Let them wait," the Conqueror smiled and looked at her Queen, while pressing a gentle hand over the pregnant Queen's back for support.
"There is one thing that isn't clear to me, why didn't Lady Messalina wait until after nightfall to tell me about the girl?"
"Whoever set this entire subterfuge didn't take two things into account. I wasn't familiar with the informant that disclosed Perous' whereabouts. I wasn't sure whether I could trust him or not, and I wasn't about to march blindly into a trap on the 'say so' of an informant I knew nothing about. First, I sent a scout to check the area and to confirm that Perous was indeed there and that he was alone. That took time," explained the Conqueror.
"And the second thing?"
"That I would return from Cyra alone and leave my forces behind… My desire to see you was too great. I couldn't wait."
The Queen rose to stand on her toes and placed a warm heartfelt kiss on the Conqueror's jaw, the highest place she could reach.
"You know, my Lady, you are the Realm's Sovereign."
"I know, my Lord," the Queen said and wondered why her Lord chose this time to remind her of that fact.
"And Lady Messalina is one of your ladies in waiting. She is your responsibility," the Conqueror said.
The reason for the Conqueror's words began to become apparent and clear to her. "I assume treason is punishable by death, my Lord?"
"It is, my Lady."
As they were nearing the gates of the palace, the Queen turned to the Conqueror, "My Lord?"
"Hmmm…?"
"Death is the most sever penalty for treason, is it not?" the Queen asked.
The Conqueror smiled for she understood the meaning and the reason for the Queen's question.
"It is, my Lady."
***
"The Lord Conqueror and her Majesty the Queen," the ceremony master announced as the Conqueror and the Queen entered the Great Hall.
As the Conqueror and the Queen made their way to their thrones, all present in the Great Hall bowed before them until they reached their destination and seated themselves.
"Noblemen and Ladies of the Realm," the Conqueror exclaimed, "We have summoned you all here due to a grave matter which has come to our attention and requires further investigation."
The noblemen and the ladies of the Realm began to look at one another agitatedly to see if anyone had any idea as to what the Conqueror was referring to.
"Lady Messalina," the Queen called.
Lady Messalina approached the thrones. "Your Majesties," she said and bowed before them.
As she stood before them, the Conqueror leaned over and whispered something in the Queen's ear.
"Lady Messalina, is it not true that just before noon on the day of my Lord's return from Cyra, you informed me that a young lass had been seen entering the Imperial tent?"
Lady Messalina's blood drained from her face and she grew as pale as a sheet. "It is true, your Majesty," she admitted.
"And how did you come by this bit of information?" the Queen inquired further.
"I… I can't remember, your Majesty," replied the nervous lady.
"Is it not true, that the lass in question is your very own daughter?"
Lady Messalina nearly fainted. The crowd around her gasped in surprise and walked backwards away from her, as if trying to disassociate themselves from her.
"It is, your Majesty." At this stage, lady Messalina had already realized there was no point in lying.
"Was it not your intention to cause dispute between my Lord and myself?"
Lady Messalina threw herself at the Queen's feet and began kissing them.
"You will stand up," the Queen ordered and her assertiveness gave pause to her subjects.
Lady Messalina rose back to her feet.
"You will answer the question."
"I will your Majesty," Lady Messalina replied.
"Did you act on your own volition?"
"No, your Majesty."
"Who put you up to this?" asked the Queen.
"Please, your gracious Majesty, I beg you please don't make me…"
"Nobleman Verosus and Nobleman Marton!" the Conqueror exclaimed.
Both men made their way through the crowd, mortified, joined their accomplice and bowed before the thrones.
"What have you got to say for yourselves?" the Conqueror's voice was ominous.
"Indeed not, but when her Majesty the Queen asked the question, Lady Messalina threw a glance at the two of you," said the Conqueror. "That confirmed my suspicions."
Noblemen Marton and Verosus confessed to the specifics of their scheme for all to hear by orders of the Conqueror, without trying to cast responsibility at one another and minimizing their own involvement in the traitorous conspiracy.
"Is my Lady prepared to render her verdict in the matter of Lady Messalina?" the Conqueror asked.
"I am, my Lord," the Queen replied.
"Lady Messalina, you have handled yourself poorly and reprehensibly. Being a Queen's lady in waiting is a sacred duty. It has been proven to my satisfaction that you have betrayed that duty and my trust. You have been disloyal to me and disloyal to my Lord and to the Realm. You've tried by despicable means to come between my Lord and myself. This offense I cannot and will not pardon. However, I am satisfied that there are mitigating circumstances since you were extorted. Desperation deprives some of rational thought and behooves them to take desperate measures. Therefore, it is my verdict that you should be stripped of your station and be banished from the Realm forthwith for my Lord's pleasure." The Queen voice was steady, firm and confident.
"Noblemen Marton and Verosus, greed and malice are no defense against treason. Your actions solicited, financed and facilitated an act of rebellion against us and against this Realm, which resulted in the death of several subjects and warriors of the Realm. Moreover, you have extorted her Majesty the Queen's lady in waiting and exploited her innocent daughter. You and your families will be stripped of your station and possessions. Marton and Verosus, you shall suffer a quick death in three days time. As for Macedonia , I hereby appoint Lila of Potidaea as the new governor to Macedonia and a Lady of this Realm. As for Philippi, I hereby appoint her Majesty the Queen's lady in waiting, Satrina, as the new governor to Philippi, if it pleases you, your Majesty," the Conqueror asked the Queen.
"It does, my gracious Lord," smiled the Queen.
As the guards came to remove the condemned men from the Great Hall, Lady Satrina scurried to bow before the Conqueror and the Queen.
"Your Majesties, I cannot thank you enough for your infinite kindness, honor and generosity your Majesties have shown me, and I am grateful with all my heart and soul for the great trust you place in me, but I pray you, if I may," she said and her excitement was evident in her voice.
"You may," granted the Queen.
"With your Majesties' permission, and if it pleases you, I wish to remain in her Majesty the Queen's presence and service for I am so very contented and happy with my life here in the palace," she said. "I could not have hoped to serve a kinder, nobler Sovereign than our benevolent Queen."
The Queen glanced over at the Conqueror with questioning eyes and the Conqueror, who was the one who first granted the honor, nodded her consent. Their subjects could not help but notice the silent exchange between them.
"As you wish, Lady Satrina and thank you," the Queen said and did her best to remain formal and regal and not let her own excitement be known in the forum.
"Captain Cornelius of the Imperial Guard," announced the ceremony master.
The Queen wasn't familiar with the name.
With wide determined strides, fitting a military man, Captain Cornelius approached the thrones and bowed before his Rulers.
"Your Majesties," he greeted.
It was then that the Queen recognized whom he was and fought an urge to move uncomfortably on her throne.
"With your permission, your Majesty," he humbly said and turned his attention to the Queen.
"Granted," said the Queen.
"I come before your gracious Majesty, a humble servant, to beg for forgiveness. In the past your Majesty showed me great kindness and granted excellent remedy, which I, I am ashamed to say, repaid with gross disrespect."
He chose this grand forum to offer his genuine remorse, rather than offer his apologies in private. In his mind, since he disrespected the Queen in the presence of the healer and others in the infirmary, it was only just that he should surrender his pride to the Queen in public.
He was also careful not to divulge any specifics of his transgression, including the fact that he was referring to the times back when the Queen had been a slave, so as not to cause the Queen either discomfort or embarrassment.
"I am sorry to say, I was foolish and a proud brute and I know in my heart I am not worthy of your Majesty's pardon. I assure your Majesty that as a result of your Majesty's dignity, generosity and supreme conduct towards me, which I didn't deserve I have mended my ways. I submit myself before you, your Majesty to punish as your Majesty deems fit," he said and knelt before the Queen.
"Stand up, Captain," she ordered and he obeyed.
"Your past misdeeds towards me are pardoned," the Queen said, then covered her mouth and whispered a private question in her Lord's ear, to which the latter nodded her agreement.
"You have exhibited candor and great honor, which leads me to believe your repentance is true and sincere. I hereby appoint you a nobleman to the Realm and a governor to Philippi ," the Queen said.
He lowered his head in humility and thanked his Queen for the bounty she had bestowed upon him.
"That concludes our business here today, Nobleman and Ladies of the Realm," the Conqueror stated, stood up and offered her arm to assist her pregnant Queen to her feet.
Standing in front of their subjects, the Conqueror went on to say, "As I trust you all know, today I have shown great leniency towards Marton and Verosus for their appalling treachery. By no means must you perceive it as any form of a precedent. I shall see no further division in this Realm."
As the Queen and her Lord made their way out of the Great Hall, their subjects bowed before them then began clapping their hands and chanting, " Hail to the Queen. "
Whilst strolling along the corridor that led to the Imperial chambers, the curious Queen asked, "How did my Lord know that the lass in Cyra was Messalina's daughter?"
"They have the same shade of hair color and the shape of their eyes and chins are exactly alike," the Conqueror explicated.
Alone in the privacy of their chambers, the Conqueror turned to her Queen took her small hands in hers and said with bright eyes, "I am so very proud of you, my Lady," and adorned the thin fingers with tender kisses.
***
After three days had passed, Marton and Verosus were brought to the gallows upon a wagon, which resembled one that was fit to carry small livestock. In the square stood a large crowd, as with any execution. The Conqueror always believed that even regular people, non-warriors were fascinated by death and were curious to see life as it was leaving the body. If someone else did the actual killing, then all the better.
Heavily guarded, the two men were escorted up the podium to face their Ruler and executioner. Verosus's neck was first to be stretched out and presented before the Conqueror.
As he was waiting, trembling on his knees and mumbling unintelligible words, the Conqueror unsheathed her sword, which was resting over her chiseled thigh in a leather scabbard. The polished, long and well-whetted blade caught the sun's rays.
The crowed cursed at the condemned men and cheered for their Sovereign, goading her on. It wasn't a novelty. The Conqueror knew that once she would lay the deadly strike, the cheers and the cursing would halt.
With one strike, the Conqueror put an end to his mumbling, and his severed head rolled over the floor of the podium, which was covered with sawdust to absorb the spilt blood, and his headless corpse slumped to the ground next to it.
Then came Marton's turn. Before he was shoved down to his knees by the guards and into his accomplice's pool of freshly spilt blood, the Conqueror leaned slightly towards him and whispered into his ear: “You do realize this is not retribution for some silly, inconsequential rebellion, which could have been handled quickly by a single battalion of my forces. This is mainly for trying to come between me and my Queen.”
His shocked expression was still frozen on his face when the Conqueror removed his head from his shoulders.
As the Conqueror wiped the blood off her sword and looked at Marton's head next to her boots, her mind strayed back to another execution which she had performed, the one of the British Captain, who had raped and killed some body slave, whose name the Conqueror couldn't even remember now.
Before she had sent him to his death, the Conqueror had desired to make it perfectly clear to the Captain the true and exact reason for his chastisement. When he had extended his head forward before her, whilst on his knees, she'd hissed at him, “This is for putting your filthy hands on what's mine. The slave you've raped and killed was just an excuse.” |
I welcome comments and constructive criticism of my images so that I may improve my photography
Please click on image to enlarge.
Friday, 7 October 2011
Caterpillar and Fungi.
I D's required for this caterpillar and fungi please.The caterpillar was found on the backgarden path,so no idea what plant it came from.The fungi was found under a tall bank next to a stream in the Trough of Bowland.
Christian.Thanks for your comments,I put the caterpillar on the stick and held it up with one hand and took the photo with the other. Cliff thanks for your comments. The I D is spot on thank you very much. |
Poly(ADP-ribose) polymerase (PARP) 1, whose primary role is initiation of DNA repair, is activated by damaged DNA and uses NAD+ to automodify itself and recruit other proteins involved in DNA repair. Due to its role in DNA repair, PARP-1 inhibition has been long targeted for treatment of different cancer types. By now there are already several different clinical APRP-1 inhibitors used in treatment of ovarian and breast cancers, and many others are under clinical trials for other types of cancer, such as prostate cancer, pancreatic cancer, blood cancer and others. PARP-1 inhibition has also been demonstrated to have promising effect for treatment of some cardiovascular conditions. Extensive DNA damage caused by number of cardiovascular conditions, such as a stroke or heart attack, can result in PARP-1's hyper-activation, leading to depletion of cellular NAD+ and subsequent cell death. It has been demonstrated that inhibition of PARP-1's activity using small molecules can prevent apoptosis and necrosis in such cells. Studies in animal models have indeed shown that inhibition of PARP-1 can have beneficiary effects for treatment of various cardiovascular conditions, such as ischemic stroke, cerebral ischemia, diabetic cardiomyopathy and others. Despite growing number of PARP-1 inhibitors, their molecular mechanism of action is not well understood. The overall objective of my project is to define the molecular mechanisms of activation and silencing of PARP-1. My central hypothesis is that the structural and dynamic changes occurring in PARP-1 upon DNA binding play key roles in the regulation of protein activation and dictate relative efficiency of PARP-1 inhibitors. Three specific aims are pursued in this project: 1. To define how PARP-1 is silenced through auto-modification and released from single-strand break (SSB) DNA, 2. To measure the effect of inhibitors on PARP1 structural dynamics for those that trap it at a SSB versus those that don't, 3. To define the organization and dynamics of the PARP- 1/nucleosome complex in conjunction with the housekeeping role of PARP-1 in transcriptional regulation. My proposed experiments will reveal key insights on the precise molecular mechanisms of PARP-1 activation and inhibition, aiding in the design of new PARP-1 inhibitors to improve outcomes in patients with various diseases. |
package tk.woppo.sunday.model;
import android.database.Cursor;
import com.google.gson.Gson;
import com.google.gson.annotations.SerializedName;
import java.util.HashMap;
import tk.woppo.sunday.dao.WeatherDataHelper;
import tk.woppo.sunday.dao.WeatherTodayDataHelper;
/**
* Created by Ho on 2014/7/4.
*/
public class WeatherTodayModel extends BaseModel {
private static final HashMap<String, WeatherTodayModel> CACHE = new HashMap<String, WeatherTodayModel>();
/** 城市ID */
@SerializedName("cityid")
public String id;
/** 城市名称 */
@SerializedName("city")
public String cityName;
/** 温度 */
public String temp;
/** 天气 */
public String weather;
/** 风向 */
@SerializedName("WD")
public String wind;
/** 风力 */
@SerializedName("WS")
public String ws;
/** 湿度 */
@SerializedName("SD")
public String sd;
/** 发布时间 */
public String time;
private static void addToCache(WeatherTodayModel model) {
CACHE.put(model.id, model);
}
private static WeatherTodayModel getFromCache(String id) {
return CACHE.get(id);
}
public static WeatherTodayModel fromJson(String json) {
return new Gson().fromJson(json, WeatherTodayModel.class);
}
public static WeatherTodayModel fromCursor(Cursor cursor) {
String id = cursor.getString(cursor.getColumnIndex(WeatherDataHelper.WeatherDBInfo.ID));
WeatherTodayModel model = getFromCache(id);
if (model != null) {
return model;
}
model = new Gson().fromJson(cursor.getString(cursor.getColumnIndex(WeatherTodayDataHelper.WeatherTodayDBInfo.JSON)), WeatherTodayModel.class);
addToCache(model);
return model;
}
public static class WeatherTodayRequestData {
public WeatherTodayModel weatherinfo;
}
}
|
The news of the 2015 remastering of Air Jordan retros has resulted in a load of early photos featuring next year’s Jordans. Normally at this time we’d be stuck pondering what was to come based off early product sheets and such, but this time around we’ve got high res previews of everything for your viewing pleasure. This time around: the Air Jordan 7 “French Blue”. So far the group of Spring 2015 Air Jordans has been a newer leaning group, and this retro+ colorway sticks with that trend. See the 2015 Air Jordan 7 “French Blue” below and watch for extended previews right here on Sneaker News. |
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Connect The Dots
In her firstbook Stay Hungry Stay Foolish Rashmi Bansal profiled twenty five entrepreneurs who were alumni of IIM – Ahmedabad. Many had then wondered including yours truly, how important an MBA degree is to become an entrepreneur. Rashmi claims this inspired her to write Connect The Dots, story of twenty one entrepreneurs but who dont have an MBA degree. The format of the book is same as her last book. There are twenty chapters, one on each entrepreneur (Gaurav Rathore & Saurabh Vyas who co founded PoliticalEDGE are covered in one chapter) and the entire chapter is based on one single interview.
The book is divided in three sections : Jugaad, Junoon & Zubaan. Jugaadis are those who didn’t get any formal training in business but learned by observing, experimenting and applying their mind. It includes some one like Kunwer Sachdev of Su-Kam who created a Rs 500 crore company from scratch; Ganesh Ram, who started what is today India’s largest English training academy, VETA when there were no BPOs and no one knew that English coaching would be as big a market as it is now.
Junoonis as the name suggests, are passionate about something that is ahead of its time. This was my favorite section in the book. Gaurav Rathore and Saurabh Vyas envisioned a consulting and research firm exclusively for politics and founded PoliticalEDGE; Satyajit Singh, founder of Shakti Sudha not only created a new industry but also benefited thousands of farmers in rural Bihar; Chetan Maini, founder of Reva, designed a solar car and has been producing electric cars since the time when global warming was not so well known and creating electric cars seemed to make little sense.
The third section Zubaan is about creative people like Paresh Mokashi, creator of Harishchandrachi Factory, India’s official entry to Oscar last year or Krishna Reddy, whose Prince Dance Group, consisting of daily wage laborers won India’s Got Talent last year.
I had great hopes from the book as I loved Stay Hungry Stay Foolish. The first chapter on Prem Ganpathy is literally a rags to riches story of someone who came to Mumbai with no money and now owns Dosa Plaza, a fast food chain with 26 outlets in the country.The rest of the stories too are very encouraging. The book is replete with inspiring anecdotes and quotes . When I read the synopsis on the third section i.e. Zubaan, I thought it would be probably the weak link in this book as stories on creatives who had made it big in the field of art would be a misfit in this book about entrepreneurs. However, all these artists achieved commercial success by following their passion and this justifies their inclusion in this book about Entrepreneurs. Entrepreneurship after all is about following your heart.
Generally when the first book is good and successful authors fail to recreate the magic in their subsequent books and that too in the same genre, as people have high expectations. In this case Rashmi Bansal definitely exceeded my expectations. A very good book and must read for some one aspires to be an entrepreneur. |
I soon realised that Kathy and I had settled at the periphery of the rules and the order, separated categorically from the mystics and their task; we existed like stray animals sheltered in a monastery. |
Ancient toolmaking site discovered near Niagara Falls
Archaeologists have found arrowheads and drills, indicating that the camps were occupied for extended periods of time.
DIGGING FOR TOOLS: Students at work in 2006 excavating a feature at the site on Grand Island that was most likely a hearth. (Photo: L.M. Anselmi)
An ancient campsite where people were manufacturing tools has been discovered near the Niagara Falls.
This find, combined with other archaeological discoveries in the area over the past few decades, suggests that such campsites lined the Niagara River as far back as 4,000 years ago.
So far, the team has unearthed more than 20,000 artifacts, mostly bits of rock broken off when people were creating stone tools, on the southeastern tip of Grand Island New York, about 12 miles (20 km) upstream from Niagara Falls. The earliest artifacts at the site date back at least 4,000 years, opening a window on a time when people were living a nomadic lifestyle based on hunting, fishing and gathering plants. [In Photos: Digging Up Niagara's History]
"I would anticipate that there would have been, back in the day, these kinds of campsites all along the Niagara River on both sides and on both sides of the island," team leader Lisa Anselmi, of Buffalo State University of New York, told LiveScience.
The archaeologists found that people at the Grand Island site were making a wide variety of tools, including spear points, arrowheads and even a few stone drills. Anselmi said that the drills "would be sharp enough to go through a piece of leather... or go through shell or some bone to create a bead."
The team also found bits of yellow and red ochre at the site; in ancient times it was common, for religious reasons, for ochre to be applied on the skin of someone who was being buried. No evidence of burials has been found so far at the site.
Stretching across time
The south tip of Grand Island appears to have been occupied for an extended time.
Fragments of pottery dating between 2,900 and 1,500 years ago found by Anselmi and her colleagues suggest inhabitants experimented with ceramic production, using pots to collect nuts and plant remains.
The team also found spear points that date back around 500 years, to a period shortly before Europeans started arriving in the area. More recent artifacts included nails from houses built in the 19th century and bullets that appear to date to the 1930s or 40s.
Anselmi said that the site probably would have been used mainly between the spring and fall, when food would have been plentiful. "The island would have had the advantage of being close to the river (with) lots of freshwater fish and other kinds of resources from the river," she said. Also, "in all likelihood there would have been a very strong deer population on the island."
Crossing the Niagara River
To get to Grand Island people in antiquity would have had to cross the Niagara River. Today, the fast-flowing waterway moves at a rate of about 2-3 feet per second near the island.
Curiously, rather than making use of rock found on the island, the ancient people imported a type of Onondaga chert — a tough limestone that they would have had to carry across the river from the mainland.
Anselmi explained that they would have brought over small bits of this rock that could then be molded into tools. "It's not necessarily that they're filling a canoe up with boulders," she said.
By using Onondaga chert the people of Grand Island were continuing a toolmaking tradition that goes back to when people were first entering New York State.
For instance, at a site called Emanon Pond, located in western New York, people were using the material almost exclusively nearly 11,000 years ago.
"With the exception of a single projectile point made from glacially derived drusy quartz, all of the artifacts are manufactured using local Onondaga chert," write Peter Neal Peregrine and Melvin Ember in the North America edition of the "Encyclopedia of Prehistory," published in 2001.
The findings were presented in May at a meeting of the Toronto chapter of the Ontario Archaeological Society. |
Commonwealth Bank and the Australian Chamber Orchestra kick off the 2009 Great Romantics national tour
Sydney, 11 June 2009: The Commonwealth Bank today congratulated the Australian Chamber Orchestra (ACO) on the commencement of its Great Romantics Tour.
Commonwealth Bank Group Executive Human Resources and Group Services, Ms Barbara Chapman, said the Group was committed to supporting the Arts in Australia and helping its customers, staff and the Australian community engage with music at the highest level.
“As a partner of the ACO since 1988, we have been privileged to watch it grow into the world class orchestra that it is today,” she said.
“We are proud of our ongoing support and commitment to the ACO and excited to be the 2009 National Tour Partner for the Great Romantics.”
Ms Chapman said the Commonwealth Bank was especially proud to loan its rare Guadagnini violin – crafted in 1759 in Parma, Italy, and purchased by the Bank in 1996 – to ACO’s Principal Second Violin and leader of the ACO’s Emerging Artists Program, Helena Rathbone.
“We are delighted that on the violin’s 250th birthday, it is played by such an exquisite violinist for the enjoyment and appreciation of thousands of Australians,” she said.
Ms Chapman said the Bank’s partnership with the ACO was one of three national Arts partnerships for the Group, which included Opera Australia and Bangarra Dance Theatre.
The Australian Chamber Orchestra’s Artistic Director, Mr Richard Tognetti, said he was proud of the Orchestra’s long association with the Bank.
“When I started at the ACO in 1989, the Orchestra only had a handful of corporate supporters and we were in desperate need of committed companies who would be prepared to inject cash and help fuel some new ideas,” he said.
“My dream was to create a first-rate Australian Orchestra that could hold its own anywhere in the world. The Commonwealth Bank took a risk on my dreams and, 21 years on, we have one of the most fruitful corporate relationships I’ve ever seen.”
To find out more about the Bank’s support for the Arts, visit commbank.com.au |
Q:
Classic vs universal Google analytics and loss of historical data
I'm keen to use some of the new features in Google Universal Analytics.
I have an old site though that I don't want to lose the historical data for. The comparisons with historical data are interesting for example.
However Google doesn't appear to allow you to change a property from the classic code to the new code.
Am I missing something?
I'm surprised this isn't a bigger issue for many other users.
A:
Edit: Google just announced the upgrade path to universal analytics:
We just launched the Google Analytics Upgrade Center, an easy, two-step process to upgrade your classic Analytics accounts to Universal Analytics.
From their upgrade instructions:
Step 1: Transfer your property from Classic to Universal Analytics.
We’ve developed a new tool to transfer your properties to Universal Analytics that we will be slowly enabling in the admin section of all accounts. In the coming weeks, look for it in your property settings.
Step 2: Re-tag with a version of the Universal Analytics tracking code.
After completing Step 1, you’ll be able to upgrade your tracking code, too. Use the analytics.js JavaScript library on your websites, and Android or iOS SDK v2.x or higher for your mobile apps.
Our goal is to enable Universal Analytics for all Google Analytics properties. Soon all Google Analytics updates and new features will be built on top of the Universal Analytics infrastructure. To make sure all properties upgrade, Classic Analytics properties that don’t initiate a transfer will be auto-transferred to Universal Analytics in the coming months.
Google will support upgrading and migrating data to the universal analytics, but that upgrade process is not ready yet. From their help document:
In the coming months, look for documentation to help you upgrade your existing Google Analytics web properties and data to UA.
|
ABC News’ Good Morning America outstripped NBC News’ Today by 761,000 viewers and 279,000 news demo viewers the week of April 7. It’s GMA‘s seventh consecutive week on top of the morning infotainment show race in both metrics, and its largest demo margin in three months. GMA has ranked No. 1 in overall audience for 89 of the past 93 weeks, and No. 1 in the news demo for 25 of this season’s 29 weeks to date.
Today meanwhile, boasted it finished first with the younger, 18-49 year old age bracket, for the 42nd consecutive week. Today is on top of the ratings in the daypart with men 25-54 this season, NBC noted — as well as adults, men and women 18-49. Today has posted seven consecutive months of ratings growth in total viewers, and both the 25-54 and 18-49 demos which NBC says is the show’s biggest ratings uptick since ’97.
For the week, GMA clocked 5.617 million viewers — 2.212 million in the demo. Today logged 4.856 million viewers — 1.933 million in the demo. GMA bested CBS This Morning‘s 3.041 million viewers — 956,000 in the news demo.
8 Comments
now if they would only get rid of Roker and Daly, maybe I would watch again. Also replace Hall in the 9 o’clock hour. She is awful. GIVE ME MY GEIST BACK
B stock • on Apr 17, 2014 8:54 am
I love GMA but they really need to get rid of the music that you have to listen to even when the anchors are talking…. So annoying….off today and excited to watch but had to turn channel because the music is too loud and so annoying… George even asked for the music to be turned down!
Bill • on Apr 17, 2014 8:54 am
who cares
Carol Dehart • on Apr 17, 2014 8:54 am
I miss Sam and josh very much. Congrats over you numbers. Please have Sarah on more
edna • on Apr 17, 2014 8:54 am
I love GMA, but I miss Sam and Josh.
Carla • on Apr 17, 2014 8:54 am
Format is fantastic – notice Today ditched there ugly sofa for the “round table.” Nothing like GMA comradery! Little late Today producers! Greatly miss Gosh and Sam. Not so keen w/Ginger – maybe trying too hard, not found her “nitch.” Only complaint? Too much Estrogen on the show! Enjoy success GMA!
Barrack • on Apr 17, 2014 8:54 am
I love, The new Weather Person…….Sam was great, but it was good that he moved on. Ginger is fresh and of course the storm chaser!
Lara, has done well in her position. I did not think anyone could
take Dianne’s place she has done very well. Now as for Josh, well he did not stay long enough to matter. Easy to replace. Robin is a fixture, so is George. The rest just compliment them. Ohhhhhh and
Stahan wow that will be awesome!! Go GMA!!
Sixto • on Apr 17, 2014 8:54 am
Thanks God that people are discarding Lauer and in the future Al Roker as hosts of Today. People are being conscientious that Lauer is pucking and that Al is passe with the same phrase over and over and over “now lets see whats happening in your neck of the woods” . |
HaberkipCollege or work? Gap year or victory lap? And how should a young person choose among the multitude of programs offered through universities, colleges or a combination of both?Those are just some of the questions faced by today’s high school graduates.In...
College or work? Gap year or victory lap? And how should a young person choose among the multitude of programs offered through universities, colleges or a combination of both?Those are just some of the questions faced by today’s high school graduates.In...
College or work? Gap year or victory lap? And how should a young person choose among the multitude of programs offered through universities, colleges or a combination of both?
Those are just some of the questions faced by today’s high school graduates.
In an era of tough competition for jobs, the rise of precarious employment and the disappearance of a linear path from school to work, teaching kids career and life planning is more important than ever.
But a new report from People for Education says Ontario students aren’t getting what they need from the province’s careers strategy, introduced over a three-year period beginning in 2013.
Principals surveyed by the research and advocacy group cited problems implementing the plan, a shortage of guidance counsellors and lack of teacher training to help students at all levels.
“The bottom line is it’s been hard for schools to implement this policy, which is a laudable policy, it’s something we need to be doing in our schools,” said Annie Kidder, executive director of People for Education. “We need to be thinking about the now multiple paths that our kids are going to end up being on as they grow up.”
“The evidence tells us now you’re probably going to have multiple jobs in multiple different areas and also multiple paths even through your education.”
So helping them understand themselves and their interests even as young students is key to making sure they have the tools to navigate a complex path.
The Ontario strategy includes such mandatory components as: portfolios for every student from kindergarten to Grade 12 to help them reflect on their interests, strengths, learning and later career possibilities; career and life-planning committees in every school; and professional development for teachers to help them integrate career and life planning into the classroom.
It is also linked to the existing 40 hours of mandatory community volunteering for high school students and the compulsory Grade 10 careers course.
The survey of 1,100 principals found:
Mandatory career and life-planning committees were in place in only 15 per cent of elementary schools and 39 per cent of high schools. And of those, only 8 per cent of secondary schools included community members.
Thirty-four per cent of elementary and 56 per cent of secondary schools reported that every student had a career/life-planning portfolio.
Teacher training on career and life planning was available at fewer than one in four elementary schools and 40 per cent of high schools.
While high school guidance counsellors are the primary staff members responsible for student portfolios and planning, 16 per cent of secondary schools don’t have a full-time guidance counsellor.
The average ratio is one counsellor for every 380 students — in line with what provincial funding provides — but one in 10 schools struggles with a ratio of 600 students per teacher.
Principals said two years of education labour disputes interfered with the new strategy, but also blamed lack of technology support, workload issues, and a lack of overall understanding of the policy.
“While lots of them talked about how great the policy was, an equal number talked about how difficult it was to implement,” says Kidder.
She cited “initiative exhaustion” among teachers and administrators following a stream of new education strategies ranging from math to well-being to experiential learning, which can leave staff overwhelmed. And she called for better integration of the career and life lessons with all school subjects.
For Bruce Lawson of the Counselling Foundation of Canada, making the most of the provincial strategy is key. And he says despite the challenges addressed in the report, it is one of the best in the country.
By the time today’s elementary students graduate, at least one third of the occupations open to them will be jobs that don’t currently exist, says Lawson, president of the foundation, which promotes career planning and development. For kindergarten students, it amounts to more than half.
“Given how the world is changing at such a rapid pace, we really need to equip young people with the skills, competency and resilience to be able to navigate the 21st-century workplace.”
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Our editors found this article on this site using Google and regenerated it for our readers. |
Gordhan asks for fresh thinking
Business News / 9 July 2012, 4:48pm
SAPA
Cape Town 141010
Finance Minister, Pravin Gordhan briefing parliment on the annal business report.South African Finance Minister Pravin Gordhan said on Thursday the world was heading towards a "currency war" unless developed nations gave ground in negotiations at the Group of 20 (G20).
picture : neil baynes
Gordhan told the 16th World Economic History Congress in Stellenbosch there was an imbalance between the locus of production and that of growth, and between political beliefs and the predominant reality.
“The question is, is there an epochal transition, are we seeing a new configuration of political and social power?”
Gordhan said history was essential to understanding society, but the challenge was to turn these insights into practice.
“What we learnt from Karl Marx is that philosophers interpret the world. However the point is to change it.”
When Gordhan became finance minister in 2009, much was made of his early affiliation to the SA Communist Party, but he said he was a no longer a member and had explored Marxism as a set of humanist values. - Sapa |
Located in the Mohawk Valley of New York State just outside of Schenectady, Pathways Nursing and Rehabilitation Center is a Sentosa Care affiliated facility. Sentosa Care is an organization formed to service and assist affiliated nursing facilities in fulfilling their commitment to quality healthcare. The long-term FHA financing for Pathways carries a 30-year term at a low, fixed rate, and enables Sentosa Care to invest significant capital in upgrading the facility’s existing spaces and amenities, as well as construct a newly planned vent unit and upgrade the pediatric unit.
“It’s especially gratifying to us at Greystone that we are able to provide capital to a facility like Pathways that provides care to difficult cases in their specialty units,” said Mr. Levine. “We truly value the trust Sentosa Care has in us to provide financing for their facilities and will continually work to exceed their expectations.” |
The Difference Between Botox and Dermal Fillers
Written by CG Cosmetic on February 19, 2015
CG Cosmetic understands the difficulties that come with aging. Everyone has days where they look in the mirror and are concerned with what they see. Whether or not you see deep lines and wrinkles, or fine lines, aging is inevitable. The question then, is what can you do about these signs of aging? Perhaps the most common solution people have heard of is Botox. However, Botox is not the only option. While CG Cosmetic offers Botox procedures, we also offer Dermal Fillers.
Botox
Most men and women have heard about celebrities using Botox to rejuvenate their skin and appear more youthful, but Botox isn’t just for celebrities. Botox has provided amazing and effective results that are also safe and convenient for many individuals. Facial lines and wrinkles often occur because of the way your muscles work underneath your skin. Overtime, as muscles tense due to making repeated facial expressions, your skin creates lines and wrinkles. Botox works by gently relaxing the muscles in your face, softening the wrinkles and leaving you with long-lasting smooth skin. CG Cosmetic patients have described their Botox experience as quick and painless, with most appointments taking less than one hour. Call to set up an appointment with our expert Botox specialist, Dr. Mayra Diaz, who has been in private practice for over 25 years.
Dermal Fillers
CG Cosmetic also specializes in Dermal Fillers. Different from Botox, dermal fillers work by lifting and plumping up skin, replacing collagen lost by the natural aging process. In addition to gently filling the skin, most dermal fillers also stimulate skin to encourage it to produce more collagen on its own. Dermal fillers are a great way to fix lines and wrinkles in the face, but they are also used for lip augmentations, creating fuller, plumper lips.
It is important to fully research all of your options for cosmetic surgery before making a decision about what is right for you. Start your research with a call to CG Cosmetic and talk to a specialist by scheduling a free consultation: 305-446-7277. |
Dominik Brunner - Nordketten Check out from go-shred.com on Vimeo.
Home is where your heart is! Our heart, our office and our home is Innsbruck right now. One of the most amazing cities in the world! Probably the only SPOT where you can get to the slopes in less then 15 minutes.
Certainly you ask
Sadly this year K.O.T. Gruam was boycotted by bad weather, misunderstanding and lack of snow. But still some warriors showed up for chilling and grilling under the Dragon tent (thank you Dragon so much for keeping us dry).
Near the bonfire amazing stories were told about the past weeks here in Nor |
Executive and Special Sessions Thursday July, 26 2018
Executive and Special Sessions Thursday July, 26 2018
The Devils Lake Water Improvement District Board will be holding an Executive Session immediately followed by a Special Session (per ORS 192.640) at 10:00 a.m., Thursday July 26, 2018. This meeting will be held at Oregon Coast Community College Room 108, located at 3788 SE High School Dr. in Lincoln City, Oregon.
The purpose of this meeting is to discuss and finalize the contract for installation of the lake bottom aeration system All whom are interested are encouraged to attend this public meeting.
Devils Lake in Lincoln City, Oregon is a naturally shallow, coastal lake. It is uniquely placed in the world sitting on the Pacific coast edge of the North American Continent, intersecting the 45th parallel, the mark half way between the equator and the North Pole. Devils Lake is managed by the Devils Lake Water Improvement District. |
package com.android.inputmethodcommon;
class InputMethodSettingsInterface {
}
class InputMethodSettingsImpl {
int mContext;
int mImi;
int mImm;
int mSubtypeEnablerIcon;
int mSubtypeEnablerIconRes;
int mSubtypeEnablerTitle;
int mSubtypeEnablerTitleRes;
int mInputMethodSettingsCategoryTitle;
int mInputMethodSettingsCategoryTitleRes;
int mSubtypeEnablerPreference;
}
class InputMethodSettingsFragment {
int mSettings;
}
class InputMethodSettingsActivity {
int mSettings;
}
|
<?xml version="1.0" encoding="utf-8"?>
<LinearLayout xmlns:android="http://schemas.android.com/apk/res/android"
android:layout_width="match_parent"
android:layout_height="match_parent"
android:background="@color/appBackground"
android:foreground="?android:attr/selectableItemBackground"
android:gravity="center_vertical"
android:orientation="horizontal"
android:paddingBottom="15dp"
android:paddingLeft="10dp"
android:paddingRight="10dp"
android:paddingTop="15dp">
<ImageView
android:id="@+id/song_item_img"
android:layout_width="50dp"
android:layout_height="50dp"
android:layout_weight="0" />
<LinearLayout
android:layout_width="match_parent"
android:layout_height="wrap_content"
android:layout_marginStart="15dp"
android:layout_weight="1"
android:orientation="vertical">
<TextView
android:id="@+id/song_item_name"
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:singleLine="true"
android:textColor="#000"
android:textSize="16sp" />
<TextView
android:id="@+id/song_item_artist"
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:singleLine="true"
android:textColor="#989898"
android:textSize="14sp" />
</LinearLayout>
<ImageView
android:id="@+id/song_item_menu"
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:layout_marginRight="5dp"
android:layout_weight="0"
android:background="@drawable/unbounded_ripple"
android:foregroundTint="#434343"
android:padding="5dp"
android:src="@drawable/abc_ic_menu_moreoverflow_mtrl_alpha"
android:theme="@style/Theme.AppCompat.Light" />
</LinearLayout> |
Q:
Is it necessary to install Yoast for a website which is installed inside an existing WordPress installation folder?
I am setting up a new website inside an already installed WordPress website folder (e.g., www.example.com/newsite/). I am using the Yoast SEO plugin for my old website (www.example.com). Is it necessary to install the Yoast SEO plugin for /newsite again, and go through Google Authorization Code and Search Console too?
A:
If you are setting up a separate WordPress site (meaning no multisite) and you want to use Yoast SEO then, yes, you will have to install the plugin again. The new site has no way of using the existing copy in your old site. You also have to register it as a separate entity for Google.
I am not sure what your plan is but I would not recommend hosting a new site in a folder inside an existing domain. If you want it to rank properly, it should have its own domain. Aside from that, I would also place both sites in separate folders alongside one another instead of nesting one inside the other.
|
If you or your colleagues still "dump" static data from line-of-business systems into a tool like Excel to manipulate, analyze, or present it; or if you have colleagues who re-key data from Office tools like Word and Excel into line-of-business systems for processing, read on: |
I'm pretty sure I'm gonna get a tattoo on my ass shaped like Rainbow Dashes cutie mark and than I'm gonna cut out every piece of clothing I have into that sign so I can walk down the street with a cutie mark.
I've had an idea. Coats matching the mane 6 and some extra ponies with the inside color the hair and the outside the ponies' coat color, with their cutie mark in the bottom left or right side on the back. With Rainbow Dash's, the elastic fabric that's on the end of the sleeves and on the waist of the coat can be rainbow colored, with the inside color matching her eyes. Oh and the zipper handle being something they enjoy, for example, Pinkie Pie's would be a cupcake, Twilight's a book, and Applejack's an apple. Sound good? |
Event Description
Professor Bill Lee, Former Director of the Centre for Nuclear Engineering, Imperial College London
Speakers include:
Dr Dan Poulter MP
Tim Yeo, Chairman, New Nuclear Watch Europe (NNWE)
Nick Butler, Energy Commentator, Financial Times
Peter Atherton, Associate, Cornwall Energy
New Nuclear Watch Europe (NNWE) invites you to attend our upcoming Parliamentary Briefing on The future of nuclear energy in Europe following Brexit, due to be held in the House of Commons, London, on the 14 March 2017 at 16.00.
The event will focus on the opportunities and challenges facing the nuclear energy sector across Europe following Brexit. With the UK moving forward with a pipeline of new nuclear build projects, most recently with the CGN-EDF Hualong 1 application for GDA approval, this event will bring together leading policymakers, industry, academics and commentators to discuss how Europe can continue to be a global leader in nuclear energy development.
NNWE intends to promote discussion on the need for a Pan-European, or EU+, policy framework when discussing new nuclear build. With Brexit likely to occur in 2019, and the recent announcement that the UK will be pulling out of the Euratom Treaty, NNWE envisages the development of an Organisation for Nuclear Cooperation and Development in Europe, to continue and further enhance nuclear cooperation.
The latest EU PINC report highlights that 105GWe of new nuclear generation will be needed by 2050 – roughly 100 new reactors – to meet existing demand and climate change targets. However, only eighteen nuclear power plants are in development, planned, or proposed within the European Union itself. Whereas ninety-five reactors are planned throughout our EU neighbours – including Belarus, Russia, Switzerland, Turkey, Ukraine and now the UK. NNWE believes an organisation is needed to drive the future of nuclear energy development across Europe and help us reach the ambitious 2050 target.
Agenda (subject to change)
Time
Description
16.00
Registration and light refreshments
16.15
Introduction
Dr Dan Poulter MP
Professor Bill Lee, Former Director of the Centre for Nuclear Engineering, Imperial College London
NNWE was established at the end of 2014 under the chairmanship of Tim Yeo (former UK Member of Parliament and Chair of the House of Commons Energy and Climate Change Select Committee) and is an interest group which aims to ensure nuclear power is recognised as an important and desirable way for European governments to meet the long-term security needs of their countries. |
AMD hasn’t even officially announced its Ryzen 4000 processors yet, but Lenovo is already offering us a first glimpse at a laptop that will ship in April with the new chips. The Yoga Slim 7 is new and improved for 2020, and Lenovo is offering two versions of the 14-inch laptop with either AMD’s Ryzen 4000 series chips or Intel’s 10th Gen Core i7.
The choice between Intel and AMD will undoubtedly come down to budget versus performance, as Lenovo is pricing the AMD version of this 14-inch laptop starting at just $849.99 compared to the starting price of the Intel version at $1,209.99.
AMD hasn’t fully detailed its Ryzen 4000 processors just yet, so it’s unclear exactly what chip will power this Yoga Slim 7. We do know that the Ryzen 4000 series is based on 7nm process technology and AMD’s Zen 2 core architecture, though. The $360 gap does suggest that AMD either has a very budget-friendly option available to OEMs or Lenovo isn’t including Intel’s budget chips in the Yoga Slim 7.
Whether you pick an AMD or Intel Yoga Slim 7, most of the other internals remain the same. There’s a 14-inch 1080p display, up to 16GB of RAM, and up to 1TB of SSD storage. Port selection is impressive, with two USB 3.1 ports, a single USB Type-C (Thunderbolt) port, an SD card reader, HDMI port, and the usual headphone jack. Where the two Intel and AMD options differ is Intel’s model includes Wi-Fi 6 support, and you can also pick a fabric variant of the laptop that includes the option of a 4K display and support for GeForce MX graphics. Lenovo is also offering a 15-inch model with optional GeForce GTX graphics support.
Both the Intel and AMD versions of the Yoga Slim 7 will be available in April, with the AMD version starting at $849.99 and the Intel model priced starting at $1,209.99. |
Seven rare rhinos spotted in Indonesian jungle
August 9, 2012 in Biology / Ecology
In this undated photo released by Leuser International Foundation, a Sumatran rhino roams at Gunung Leuser National Park in Aceh province, Indonesia. A conservationist from the foundation said Thursday, Aug. 9, 2012 that seven of the world's rarest rhinoceroses were photographed at the national park. It is the first sighting there in 26 years. (AP Photo/Leuser International Foundation) NO SALES
Seven Sumatran rhinos have been captured on hidden cameras in an Indonesian national park where the critically endangered species was feared extinct, a conservationist said Thursday.
The Sumatran rhino had not been sighted in the Mount Leuser National Park on the northern tip of Sumatra for 26 years, the project's team leader Tarmizi of the Leuser International Foundation said.
"This discovery can allay doubts over the rhino's presence in the park," Tarmizi told AFP, adding he hoped the discovery would encourage more efforts to conserve the species.
Images of the rhinos were captured by 28 infrared cameras set up between June 2011 and April this year and confirmed six female and one male rhino appearing in 1,000 photo frames.
The Sumatran rhino population has dropped 50 percent over the past 20 years, and there are now believed to be fewer than 200 left in the world.
The rhinos are commonly targeted by poachers and rampant illegal logging has destroyed much of their habitat. |
Long Beach Film Festival - Now Accepting Films & Screenplays
From:
Robin Duarte
Subject:
Long Beach Film Festival - Now Accepting Films & Screenplays
Date:
Fri, 19 Jul 2002 15:13:14 -0800
Filmmakers & Screenwriters (please forward to interested parties):
The Long Beach Film Festival is now accepting screenplays and films (short,
documentary & feature) in all formats. The winners' work will be reviewed by a
committee of established production companies. This is a great way to get
exposure and even discovered in Hollywood.
The festival is being held onboard the renowned Queen Mary in Long Beach,
California (30 miles from Hollywood). The dates of the festival are September
13 - 22, 2002.
You can view an 8 x 10 flyer here:
http://www.longbeachfilmfestival.com/poster.html
A 20% discount has been set up for students and independent filmmakers. The
discounted submission prices are as follows:
ORIGINAL PRICE DISCOUNTED PRICE
Short Film $45 $36
Feature Film $60 $48
Screenplay $50 $40
To take advantage of these discounted prices, simply include a printout of this
email with the submission form and legibly write 'email discount' on the
payment check.
The submission forms can be found here:
http://www.longbeachfilmfestival.com/entry.htm
All submissions must be received by August 15th, 2002.
We look forward to receiving your work.
Robin Duarte
http://www.longbeachfilmfestival.com |
994 A.2d 1040 (2010)
202 N.J. 43
STATE
v.
McCARY.
Supreme Court of New Jersey.
May 19, 2010.
Petition for Certification Denied.
|
Spain is the EU country where most people live in apartments
Eurostat spends a good amount of money in
producing statistics about almost any activity within the EC and offers very valuable information about the construction industry. This time it has produced an array of figures about where the
European likes to live.
I am not one for statistics I must confess, but as
I have mentioned in many other articles we do obtain a lot of useful information especially for those of us involved in the construction industry.
Spain tops the ranking
According to the latest data from the European
Statistical Office (Eurostat), Spain tops the ranking of countries in the European Union (EU) where the highest percentage of population lives in an apartment: 66.5% of Spaniards live in this
type of building compared to 33.1% it does in a house. The figure is striking especially when compared with other neighbouring countries. In France, for example, the ratio is almost reversed:
seven out of 10 French lives in a house for three out of 10 in apartments.
The difference is even greater if we take the
number of UK, the country with the highest percentage of population living in households: 84.7% versus 14.4% living in a flat (0.9% of those interviewed answered with another category called
"other"). The closest country to Spain with apartments as the most widespread living accommodation is Latvia (65.1%), followed by Lithuania (58.4%) and Greece (56.9%), in that order.
The result of the average of the EU countries also
marks a clear dissimilarity with the Spanish context: six out of 10 Europeans live in a house opposite the remaining four does so in an apartment; more than 2.5 points of difference from the
Spanish proportion.
There are more home owners in Spain than in
other European countries.
Another interesting figure from Eurostat study on
the conditions and characteristics of housing in the EU is about ownership, all data shown here are obtained from 2014.
In this respect, nearly eight out of 10 Spaniards
(78.8%) own the property in which they live, 8.7% more than the European average. For rent they are somewhat below the average: 21.2% versus 29.9% for the European Community.
Why is the apartment so quintessential to the
Spanish people and why are they so prone to this property regime?
The reasons can be explained by three factors: the
historical, economic and sociological.
From inside the castle wall to the apartment
block.
Let’s start from the beginning. We have to roll
back to the turbulent middle ages, when wars determined the pattern of urban settlements. The cities were walled, the ground was very limited and already at that time housing needed to be built
in height. It was also the same in other countries, but in those countries wars did not last centuries as in Spain.
More recently, we had the rural exodus: Farmers
left the countryside and moved on to the city. In Spain this happened not long ago just in the decades of the 60’s to the 80’s. People migrated to cities and property developers sorted the
problem out with a quick construction method: the block of flats.
Today, vertical construction has been widely
accepted because it is greener and more resource-efficient.
Spain is an increasingly empty country where it is
increasingly easy to build horizontally. Still remember that, despite everything, the Spaniards hardly see the good side of an ecological construction and tend to seek the villas from a
prestigious point of view.
Property developers take control.
The role of the economy and the current situation
of crisis arising from the bursting of the housing bubble, are some of the explanations that make almost seven out of 10 Spaniards to live in apartments. There has been a very uneven economy and
there are the selected few who control the sale of development land. The property developer gets more economic benefit from building in height because they can make more profit.
A conservative family orientated
society.
The Spanish idiosyncrasies explain the property
ownership regime being most widespread among the Spanish people on one hand, and developments been built around the block of flats on the other.
The Spaniards are very conservative and fear and
loath financial investments. You only have to read recent news to see what happened to those who tried buying complicated financial products that they didn’t understand.
In general people have always seen the brick as a
solid long term investment, unlike financial products.
They are also conservative in its family
structure. There is less geographical mobility than other countries and historically people have bought a house because they did not anticipate moving for work reasons for a long time.
Having said that, due to the current crisis there
a good percentage of the working population ready to move anywhere, even abroad for a stable job position.
This has impacted directly on the sale of
properties, now the tendency has changed to rent.
However, figures for rental in this country still
far from European countries more oriented in that direction. As shown in Eurostat study, Germany with 52.5%, Austria with 57.2% and Denmark with 63.3%, are the countries where most people opt for
the lease in detriment of an ownership regime. |
TMBA 166 (LBP142) – The Hiring Golden Triangle
Happy Valentines Day from the fellas at The Lifestyle Business Podcast. Everybody’s back together this week to bring you some love. Ian has determined Tokyo to be his favorite Asian city and Dan has returned from some business (and pleasure) in the Philippines.
Dan and Ian discuss hiring, when to use interns vs. VA’s vs. professionals and how this can have a profound impact on your business’ growth. They have also been getting an incredible amount of emails, reviews and feedback from everybody so the fellas take some time to answer your most pressing questions, concerns and confessions.
To Hire or Not to Hire…
How you can scientifically determine the best time to hire your first employee. |
Guard youths from alcopops
9:55 AM,
May 8, 2013
Written by
Dylan Goodman
OPINION
Attending any high school means you hear a lot about what everyone is doing - from after-school activities to alcohol. One of the major problems are alcopops - alcoholic drinks marketed toward youths that are easy to mistake as juice, soda or energy drinks because of their packaging and taste. I attend Asheville High School and work with Youth Empowered Solutions, a youth advocacy group that focuses on everything from youth obesity to substance abuse. We've worked before on labeling alcopops with stickers that remind adults not to purchase the products for youths and help distinguish the ... |
/*#######################################################
* Copyright (c) 2014 Jeff Martin
* Copyright (c) 2015 Pedro Lafuente
* Copyright (c) 2017-2019 Gregor Santner
*
* Licensed under the MIT license.
* You can get a copy of the license text here:
* https://opensource.org/licenses/MIT
###########################################################*/
package other.writeily.ui;
import android.app.Dialog;
import android.os.Bundle;
import android.support.annotation.NonNull;
import android.support.v4.app.DialogFragment;
import android.support.v7.app.AlertDialog;
import android.text.TextUtils;
import net.gsantner.markor.R;
import net.gsantner.markor.util.AppSettings;
import java.io.Serializable;
public class WrConfirmDialog extends DialogFragment {
public static final String FRAGMENT_TAG = "WrConfirmDialog";
private static final String EXTRA_TITLE = "EXTRA_TITLE";
private static final String EXTRA_MESSAGE = "EXTRA_MESSAGE";
public static final String EXTRA_DATA = "EXTRA_DATA";
private Serializable _data;
private ConfirmDialogCallback[] _callbacks;
private String _summary;
public static WrConfirmDialog newInstance(String title, String message,
Serializable data, ConfirmDialogCallback... callbacks) {
WrConfirmDialog confirmDialog = new WrConfirmDialog();
Bundle args = new Bundle();
args.putSerializable(EXTRA_DATA, data);
args.putString(EXTRA_TITLE, title);
args.putString(EXTRA_MESSAGE, message);
confirmDialog.setArguments(args);
confirmDialog.setCallbacks(callbacks);
return confirmDialog;
}
public void setCallbacks(ConfirmDialogCallback[] callbacks) {
_callbacks = callbacks;
}
@Override
@NonNull
public Dialog onCreateDialog(Bundle savedInstanceState) {
String title = getArguments().getString(EXTRA_TITLE);
String message = getArguments().getString(EXTRA_MESSAGE);
_data = getArguments().getSerializable(EXTRA_DATA);
AlertDialog.Builder dialogBuilder;
boolean darkTheme = AppSettings.get().isDarkThemeEnabled();
dialogBuilder = new AlertDialog.Builder(getActivity(), darkTheme ?
R.style.Theme_AppCompat_Dialog : R.style.Theme_AppCompat_Light_Dialog);
dialogBuilder.setTitle(title);
if (!TextUtils.isEmpty(message)) {
dialogBuilder.setMessage(message);
}
dialogBuilder.setPositiveButton(getString(android.R.string.ok), (dialog, which) -> {
if (_callbacks != null) {
for (ConfirmDialogCallback cdc : _callbacks) {
if (cdc != null) {
cdc.onConfirmDialogAnswer(true, _data);
}
}
}
});
dialogBuilder.setNegativeButton(getString(R.string.cancel), (dialog, which) -> {
dialog.dismiss();
for (ConfirmDialogCallback cdc : _callbacks) {
cdc.onConfirmDialogAnswer(false, _data);
}
});
return dialogBuilder.show();
}
public interface ConfirmDialogCallback {
void onConfirmDialogAnswer(boolean confirmed, Serializable data);
}
}
|
Review Transcript:
October is finally in full swing, giving us four (count them: FOUR) movies in one week, one of which is the latest in supernatural horror: Sinister. Truth be told, this is a pretty solid horror movie overall, and gives a fresh spin on the idea of “found footage” movies! It’s brought to us by the producer of Paranormal Activity and Insidious, but doesn’t suffer from some of the issues that both of these had.
Paranormal Activity suffered from being regarded as either incredibly boring or weird and somewhat tense until everything comes to a head at the end. Insidious on the other hand, had a very strong and refreshingly scary feel to it that took a major nosedive in the third act. Sinister manages to maintain a consistent tone to its horror that builds over time…you know, like a proper movie should. It never quite reaches the heights of terror that either movie achieved when at their best, but is a strong effort that’s overall enjoyable.
Of all the characters involved, the most intriguing is easily Ellison Oswalt, played by Ethan Hawke. He’s a true crime writer with a desire to write his best book ever, and the desire quickly turns to an obsession, as the last time he achieved fame was a decade ago with his first book. This obsession drives him to not only move to the same town where the grisly deaths of a family occurred, but into their house where they were murdered!
Now it’s obvious that Sinister is a horror movie, but…the first act of the movie could very well be the first act of a crime thriller along the same lines as Red Dragon (a great movie that should be seen if you haven’t already). This provides the audience a good portrayal of the mental and physical toll that the story takes on Ellison, as well as the family dynamics and how his obsessions affect his wife and children.
Although a successfully scary film, there are two issues that were hard for me to ignore. The first is that the actors playing Ellison’s children, Ashley and Trevor, were less than impressive. It’s no surprise for kid actors to not give great performances, but the daughter’s deadpan performance was incredibly distracting. Then again, my disappointment could be from comparing these kids to Pierce Gagnon, the kid from Looper.
The second and most jarring issue is Sinister’s reliance upon loud music and sounds for many of its scares, like Insidious. Or as my friend the Film Phage put it: “LOUD NOISES!” Despite the annoyingly influential LOUD NOISES…*ahem*…despite the annoyingly influential loud noises and music however, these elements are used in a way that lead to an effectively creepy and unnerving movie. Sure it’s a manipulative tool, but a tool that is used really well.
While Sinister may let down horror purists by relying too much on occasional jump-scares and way too many LOUD NOISES, it is a horror movie that most audiences will enjoy. It will legitimately scare, or at the very least creep out many viewers, while some might leave the theater terrified.
I give Sinister: 8/10.
I’m Papa Kenn, and I’ll see you next review.
Fair Use:
All copyrighted material used under Fair Use. If you are a copyright holder and believe your material has been used unfairly, please contact me at:
[email protected] |
There is a philosophy that says that if something is unobservable -- unobservable in principle -- it is not part of Science...By that standard, most of the universe has no scientific reality -- it's just a figment of our imaginations. ~ Leonard Susskind,~ |
MARVIN T. BURTON, JR. Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee.
No. 335, 2008
Supreme Court of Delaware.
Submitted: January 28, 2009.
Decided: March 4, 2009.
Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.
ORDER
JACK B. JACOBS, Justice.
This 4th day of March 2009, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:
1. Marvin Burton, the defendant below, appeals from the denial by the Superior Court of a Rule 61 motion for post-conviction relief. On appeal, Burton argues that the trial court erroneously denied that motion which was based, in part, on a claim of ineffective assistance of counsel. Given the serious nature of the charges, the fact that Burton's Rule 61 motion was filed pro se, and that the alleged new evidence has not yet been considered by the Superior Court, we remand for further proceedings limited to Burton's ineffective assistance of counsel claim.
2. Burton was arrested on October 6, 2004, and indicted on October 25, 2004 on charges of First Degree Rape, Second Degree Rape and Second Degree Unlawful Sexual Contact. Burton's daughter, the alleged victim, who was eleven years old at the relevant times, claimed that on at least three occasions Burton had sexually abused and raped her. All three incidents allegedly occurred while the victim was staying at Burton's parents' house in 2004, with the two most serious incidents allegedly occurring in August 2004. Trial began on August 8, 2005. On August 11, 2005 Burton was convicted on all charges.
3. Because of prior convictions for Third Degree Burglary and Third Degree Unlawful Sexual Intercourse, the State moved to declare Burton an habitual offender under 11 Del. C. § 4214.[1] On October 28, 2005, the Superior Court declared Burton an habitual offender and sentenced him to life in prison for each of the two Rape charges, plus two additional years imprisonment for the Unlawful Sexual Contact charge. The Superior Court also imposed special conditions, including a no contact order and sex offender registration.
4. After sentencing, defense counsel filed a notice of appeal on Burton's behalf and a motion to withdraw pursuant to Supreme Court Rule 26(c). The State filed a motion to affirm. After reviewing the record, this Court determined that Burton's appeal was "wholly without merit and devoid of any arguably appealable issue" and granted the motion to affirm.[2]
5. On August 16, 2007 Burton moved pro se for post-conviction relief, raising multiple claims including ineffective assistance of counsel.[3] Burton alleged that his trial counsel was incompetent, failed to interview and subpoena key defense witnesses, and did not allow Burton to testify. On September 4, 2007, trial counsel filed a sworn letter memorandum responding to that motion. Trial counsel explained that he did not mislead Burton or refuse to allow him to testify. Rather, he advised Burton not to take the stand for the strategic purpose of avoiding cross-examination on Burton's prior convictions. After receiving that advice, Burton agreed and chose not to testify. Trial counsel further explained that he did, in fact, contact most of the witnesses Burton claimed were not interviewed or subpoenaed, and found that those witnesses either could not provide the testimony Burton claimed, or that they had no information helpful to Burton's defense.
6. On June 3, 2008, the Superior Court denied Burton's motion without a hearing, finding that Burton's arguments were all without merit.[4] On June 30, Burton filed a notice of appeal, pro se, and on August 14, appellate counsel entered an appearance on his behalf.
7. Although Burton advanced numerous claims of error in his motion for post-conviction relief, on appeal he advances only onethat the Superior Court erred by denying his claim of ineffective assistance of counsel. Moreover, Burton limits that claim to the contention that trial counsel was ineffective by failing to contact, properly interview and subpoena material witnesses, and also by refusing to allow Burton to testify at trial.[5]
8. The State has moved to strike certain affidavits and information included in Burton's appendix that were not part of the record on appeal. These affidavits include: (i) a statement by Marvin Burton, Sr. "that he was not contacted, interviewed or subpoenaed concerning the fact that the alleged victim . . . did not live in our residence from late July through September 2004"; and (ii) a statement by Stacie Brittingham (Burton's sister) that she was not interviewed before the day of trial concerning her testimony, and that the alleged victim did not live in her parent's residence from late July through September 2004 and that that issue was not raised in questioning during her testimony at trial. Also included was a statement by Eric Morris that (i) "he was not contacted, interviewed or called as a witness concerning the fact that the alleged victim . . . did not live at Marvin Burton, Sr. and Vivian Burton's residence from late July through September 2004;" and that (ii) "I would also have testified that [the alleged victim] lived with me approximately 3 weeks during the end of July and August 2004 and she stayed with other individuals until the month of September 2004. . . ."
9. As a general matter, the record on appeal may not be supplemented by affidavits relating facts and circumstances that were not fairly presented to the trial court,[6] and we will not consider such supplemental affidavits. For new evidence to be considered, a party should file a motion to remand to the trial court to determine the facts in light of their new evidence.[7] Here, however, Burton moved for post-conviction relief pro se, without the evidence having been considered by the Superior Court. In such circumstances, some leeway should be granted if, in the interests of justice, the new evidence ought to be considered.[8] For that purpose a remand is appropriate.
NOW, THEREFORE, IT IS ORDERED that this matter is remanded to the Superior Court for further proceedings limited to the ineffective assistance of counsel claim. Jurisdiction is not retained.
NOTES
[1] See generally 11 Del. C. § 4214 (providing for sentencing as an habitual criminal).
[2] Burton v. State, 907 A.2d 145, 2006 WL 2434914, at *1 (Del. 2006) (Table).
[3] Burton claimed that: (1) the indictment was illegal; (2) a Batson violation had occurred; (3) a juror had misled the Superior Court during voir dire; (4) a juror drank alcohol during the trial; (5) Burton was not allowed to testify; (6) Burton was not allowed to call witnesses; (7) prosecutorial misconduct occurred; (8) his sentence was illegal; (9) his trial counsel was ineffective; and (10) his trial counsel failed to interview and call material witnesses. See State v. Burton, 2008 WL 2359717 (Del. Super. Ct. June 3, 2008).
[4] See State v. Burton, 2008 WL 2359717, at *1-6.
[5] "Appellant's counsel has reviewed all of the allegations set forth in the Rule 61 Motion and is limiting argument in this opening brief to the fact that [trial counsel] was ineffective by failing to contact, properly interview and subpoena material witnesses for the disputed allegations made by the alleged victim as well as allowing the Appellant to testify during his trial."
[6] Sup. Ct. R. 8; Merritt v. State, 219 A.2d 258, 260 (Del. 1966); Draper v. State, 146 A.2d 796, 800 (Del. 1958); see also Gateley v. Gateley, 832 A.2d 1251, 2003 WL 22282584, at *2 n.7 (Del. Oct. 1, 2003) (Table) (declining to review documents presented for the first time on appeal).
[7] Compare Merritt, 219 A.2d at 260 (remanding the case with authority and instructions to ascertain the facts) with Draper, 146 A.2d at 800 (refusing to consider new evidence on appeal).
[8] See Yancey v. Nat'l Trust Co., Ltd., 712 A.2d 476, 1998 WL 309819 (Del. May 19, 1998) (Table) (Del. 1998) (noting that some degree of leniency should be granted for pro se appeals); see also In re Estate of Hall, 882 A.2d 761, 2005 WL 2473791 (Del. Aug. 26, 2005) (Table) (noting that we allow pro se litigants some leeway).
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Oh, Boo-Hoo, Hillary
But Hillary’s is not the caricatured, bitchy, ball-breaking toughness that their enemies like to attribute to her. She has almost always been much more thoughtful than they granted. It is more like a kind of military rigor: reading the landscape, seeing the obstacles, recognizing which ones are malevolent or malign, and taking expedient action accordingly.
Whatever, Skippy. We know better and socialists/communists have you all afoul.
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4 Responses to “Oh, Boo-Hoo, Hillary”
Where is the G-damn f**king flag? I want the G-damn f**king flag up every f**king morning at f**king sunrise.”
(From the book “Inside The White House” by Ronald Kessler, p. 244 – Hillary to the staff at the Arkansas Governor’s mansion on Labor Day, 1991)
“You sold out, you mother f**ker! You sold out!”
From the book “Inside” by Joseph Califano, p. 213 – Hillary yelling at Democrat lawyer.
“It’s been said, and I think it’s accurate, that my husband was obsessed by terrorism in general and al-qaida in particular.”
(Hillary telling a post-9/11 world what a ‘great’ commander in chief her husband was; Dateline, NBC 4/16/2004.)
“I have to admit that a good deal of what my husband and I have learned [about Islam] has come from our daughter.”
(TruthInMedia.org 8/8/1999 – Hillary at a White House function, proudly tells some Muslim groups she is gaining a greater appreciation of Islam because Chelsea was then taking a class on the “religion of peace”)
“F**k off! It’s enough that I have to see you shit-kickers every day, I’m not going to talk to you too!! Just do your G*damn job and keep your mouth shut.”
(From the book “American Evita” by Christopher Anderson, p. 90 – Hillary to her State Trooper bodyguards after one of them greeted her with “Good morning.”
“You f**king idiot.”
(From the book “Crossfire” p. 84 – Hillary to a State Trooper who was driving her to an event.)
“If you want to remain on this detail, get your f**king ass over here and grab those bags!”
(From the book “The First Partner” p. 259 – Hillary to a Secret Service Agent who was reluctant to carry her luggage because he wanted to keep his hands free in case of an incident.)
“Get f**ked! Get the f**k out of my way!!! Get out of my face!!!”
(From the book “Hillary’s Scheme” p. 89 – Hillary’s various comments to her Secret Service detail agents.)
“Stay the f**k back, stay the f**k away from me! Don’t come within ten yards of me, or else! Just f**king do as I say, Okay!!!?”
(From the book “Unlimited Access”, by Clinton FBI Agent in Charge, Gary Aldrige, p. 139 – Hillary screaming at her Secret Service detail.)
Hillary represents “What’s wrong with America….always blaming someone for his or her perceptions and actions , rather than assuming responsibility” and the scaring part is, Americans have supported the Clintons. She has been and is,… a total fraud WILLING TO SAY ANYTHING TO GET ELECTED. She is about as ‘warm’ as a cold blooded rattlesnake. |
Work It
Work It
But it was Melissa Fleis' royal-blue cowl-neck frock that earned her the win. Rightfully so. "I want to do away with typical 'office clothes,'" Fleis says, echoing a popular sentiment among so many busy ladies. "Working women today are looking for that edge in life and the workplace. I want to help them achieve it." Fleis, however, who had yet to win a challenge in the season, was shocked to have landed on top.
Alex Wynne in top by Raul Osorio and skirt by Sonjia Williams; Lacee Teel in the winning dress by Melissa Fleis. |
// Copyright 2004-present Facebook. All Rights Reserved.
#include "SamplingProfilerJniMethod.h"
#include <JavaScriptCore/JSProfilerPrivate.h>
#include <jschelpers/JSCHelpers.h>
#include <jni.h>
#include <string>
using namespace facebook::jni;
namespace facebook {
namespace react {
/* static */ jni::local_ref<SamplingProfilerJniMethod::jhybriddata>
SamplingProfilerJniMethod::initHybrid(jni::alias_ref<jclass>,
jlong javaScriptContext) {
return makeCxxInstance(javaScriptContext);
}
/* static */ void SamplingProfilerJniMethod::registerNatives() {
registerHybrid(
{makeNativeMethod("initHybrid", SamplingProfilerJniMethod::initHybrid),
makeNativeMethod("poke", SamplingProfilerJniMethod::poke)});
}
SamplingProfilerJniMethod::SamplingProfilerJniMethod(jlong javaScriptContext) {
context_ = reinterpret_cast<JSGlobalContextRef>(javaScriptContext);
}
void SamplingProfilerJniMethod::poke(
jni::alias_ref<JSPackagerClientResponder::javaobject> responder) {
if (!JSC_JSSamplingProfilerEnabled(context_)) {
responder->error("The JSSamplingProfiler is disabled. See this "
"https://fburl.com/u4lw7xeq for some help");
return;
}
JSValueRef jsResult = JSC_JSPokeSamplingProfiler(context_);
if (JSC_JSValueGetType(context_, jsResult) == kJSTypeNull) {
responder->respond("started");
} else {
JSStringRef resultStrRef = JSValueToStringCopy(context_, jsResult, nullptr);
size_t length = JSStringGetLength(resultStrRef);
char buffer[length + 1];
JSStringGetUTF8CString(resultStrRef, buffer, length + 1);
JSStringRelease(resultStrRef);
responder->respond(buffer);
}
}
}
}
|
We now require registration to download high resolution fan art. Please take a few seconds to register absolutely free! Click here now. (Registering will also let you tell this artist how much you enjoy their work in the comments below.)
Here's the picture I made. Ducky edited it and made the lines cleaner so it'd look better than before. It's a heartless!!! A sad one. Isn't it cute? |
Q:
Free Software for Partition Manager
Free Software for the Partition Manager on Windows XP/vista?
A:
Try GParted Live. You can create a Boot CD and use that to work with partitions.
A:
Windows Vista now has a built in partition manager. You can access it like this:
Go to Control Panel / Administrative Tools / Computer Management.
Then go down to Storage / Disk Management. That brings up your drives.
Now you can just select a partition within a drive.
Right click it and you'll have options to Shrink, Extend or Delete it. The former two show a popup detailing what size you'd like.
More info here.
A:
Easeus Partition Master is an excellent tool, and the Home version is free! It has a bunch of useful features. I've been using it for a little while, and still cannot believe they give it away for free. You should definitely try it out.
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The American Urological Association (AUA)
and all related scientific associations as well as regulatory government agencies that
may impact Reproductive Cell and Tissue Banking.
BioGenetics is FDA Registered
BioGenetics is licensed by
The New Jersey State Department of Health as a Laboratory under CLIA
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BioGenetics Corporation operates under the direction of Albert Anouna, President and CEO.
Mr. Anouna holds a B.Sc. and is certified as a High Complexity Laboratory Director (HCLD).
Mr. Anouna is a member of the following professional and scientific organizations:
American Society for Reproductive Medicine (ASRM)
American Association of Tissue Banks (AATB)
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The BioGenetics Corporation staff includes a Medical Director, a consulting Pathologist, Geneticist, an Embryologist, several Phlebotomists, Medical Technologists, Laboratory Technicians as well as Administrative support personnel. |
Lucknow, Nov 7: Ayodhya Deepostav 2018, an event organised to mark Diwali celebrations in Ayodhya town - has entered Guinness Book of World Records on Tuesday. A Guinness certificate was issued to UP government's tourism department and Dr Ram Manohar Lohia (RML) Avadh University, Faizabad, on Tuesday evening when over three lakh clay lamps were illuminated at Ram Ki Paidi on Chhoti Diwali as part of Deepotsava.
Faizabad district will now be known as Ayodhya
The event also witnessed some important announcements. Uttar Pradesh Chief Minister Yogi Adityanath said that Faizabad district will now be known as Ayodhya. "Ayodhya is a symbol of our pride. Ayodhya's identity is with Lord Ram. From today, Faizabad district's name will be Ayodhya," he said.
Three lakh Diyas on banks of river Sarayu
The mega Deepostav 2018 celebrations which began today with an aim to set a world record, entered the Guinness Book of Record for lighting as many as 3,01,152 earthen lamps, on the bank of River Sarayu. More than three lakh ‘diyas' or ‘earthen lamps' were lit on both sides of the banks of River Saryu.
30-feet statue of Lord Ram
A massive 30-feet statue of Lord Ram was also installed on the banks of Saryu, along with that of Lord Hanuman, for Diwali celebrations in the city.
Ayodhya Deepotsav 2018
The Deepotsav is an initiative by the Tourism and Cultural Department of Uttar Pradesh to celebrate Lord Rama's victory over Ravana and return to His kingdom in Ayodhya.
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Web analytics is a fire extinguisher. Your website is on fire and you're burning cash.
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Compared with conventional advertising, Pay Per Click (PPC) is very effective targeting specific audiences, unlike many other advertising channels, it also provide a reliable way of measuring advertising effectiveness. By using Pay Per Click advertising, one can target clients based on specific keywords, and keyword combinations used to perform searches online.
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Timberwood Park, San Antonio, Texas
Nestled in the foothills of the Texas Hill Country in San Antonio, Timberwood Park offers its residents the kind of views and peaceful calm that only nature can provide. Upon easily accessing this North-Central community from Blanco, Borgfeld, and Canyon Golf roads, its easy to see why this 2,200 acre custom home development is the ideal location. Commuting, shopping, and medical services are just around the corner with Loop 1604 just 5 short miles away, and Hwy 281 less than three. The private 30-acre park with lake, pool, clubhouse, weight room, pavilion, playground, picnic and barbecue area, par 3 golf course, green belts and unobstructed views round off this perfect place to call home.
Local Agents
Dan Kubinski
They told me, "Dan write a Bio!".... Now who wants to talk about themselves?
Well here goes: I remember being about 4 or 5 and sitting on a bench in front of a store with my older sister Karen. Picture a towheaded kid wearing one of his 4 older brothers stained, hand-me down red and white stripped shirts, with a hole over the belly button area, sporting worn cut-off shorts and a tattered pair of J.C. Penny tennis shoes, with convenient air holes for my toes to stick out. Shabby would be too kind of a word. My Sis tells it this way: Danny, you said, " Sis, someday I'm gonna be able to buy my own clothes, not hand me downs!" That was followed up with, "I'm gonna be rich Sis.... You just watch!" Its all vague now but she swears by it. Somehow, someway, I ended up doing something that I have a passion for and now over 40 years later, that passion still resides where the little determined boy once ruled my thoughts. I have been blessed with more than I ever deserved. I am rich in spirit, health and family. God has been good to that little boy from long ago, enabling me to do something I love. I am amazed and thankful every day.
Fast forward a few years and envision a teenage boy in El Paso who is intent on buying 4 acres of land in Chaparral, New Mexico, on a note for $14,000. I told my family it was going to be worth much more soon. They thought I was crazy and had no business buying some land. My friends were making payments on their used Chevy Camero's, Monte Carlo's, Ford Pinto's or even 4 x 4 Ford pickup trucks, I wanted to invest in buying land. I knew it was going to go up in value soon. It did, I resold it for $19,000 just 5 months later. I was hooked and I think I even bought a new pair of shoes! That was a start of many transactions. Now, after helping over 7000 families buy or sell homes across Texas, that fire still burns deep inside me. I always have had a feeling that everything will work out! It really does when you think about it. For some reason optimism followed me like the wind, always there whispering that I could do it. You see, just as that little kid of long ago or that teenage boy full of dreams believed anything was possible, I still think I'm going to win.
From those early days till now, I have been privileged and honored to have had a chance to help so many people with their real estate buying or selling needs. We have a super talented and dedicated staff to help people and without them, and of course, Tracy my wife, it would not be possible to have closed over 500 million dollars of sales in the past few years. We keep things simple. We offer, "Over the Top," service to our clients and that has been a recipe for success for us. We are truly a full service real estate office. We now even have been entrusted with government contracts from HUD, the US Marshals office, the US Attorney Generals office as well as close ties with hedge fund groups.
As our client, you will receive the best we have to offer in personal service, knowledge of the current real estate market statistics, upcoming trends, home values, and expert negotiation skills. We also guide you through every step of the home buying/selling process so you will never feel alone. When you hire us, we come to work for you and will bring along years of experience and sage advice.
To quote one of my favorite speakers, Zig Zieglar, "You will get everything you want in life as long as you help everyone get what they want!'
Thanks for reading this and taking a look at what we are about. I thank God for what he has done for me.
Dan
Jonathan De La Garza
No Agent Found
Pilar Gonzalez
No Agent Found
Geoffrey Myane
My family has been involved in real estate as investors, agents, renters, and advisors since before I was born. I have followed up in every role, trained by winners in the industry and successfulexperience. I do real estate because of only one reason – I truly enjoy it. I enjoy my clients getting the deal that makes them happy, and I enjoy giving fifteen percent of every commission to a nonprofit of their choice here in San Antonio to help our great city become even better.
I work to find and sell properties through both traditional and contemporary options available in today’s world – online websites, MLS, mailed flyers, open houses, social media, youtube, community social events that I host, and more. Real estate is less work and more passion for me, so my phone and computer is always on and busy.
No matter what you’re looking for, allow me to help you in any way I can – even if it’s just a call for advice.
Rechelle Glendenning
Rechelle Glendenning is an accomplished realtor and has been in real estate now for five years, one year with Crowned Eagle Realty. She has an insiders knowledge of the San Antonio area-commercial and residential market. If buying, selling or just dreaming, she places the utmost attention to service and detail. She represents buyers and sellers in any price range. |
def extractStartlingSurprisesAtEveryStep(item):
vol, chp, frag, postfix = extractVolChapterFragmentPostfix(item['title'])
if not (chp or vol or frag) or 'preview' in item['title'].lower():
return None
if 'bu bu jing xin' in item['tags']:
return buildReleaseMessageWithType(item, 'Bu Bu Jing Xin', vol, chp, frag=frag, postfix=postfix)
return False
|
'use strict';
var dbm;
var type;
var seed;
/**
* We receive the dbmigrate dependency from dbmigrate initially.
* This enables us to not have to rely on NODE_PATH.
*/
exports.setup = function (options, seedLink) {
dbm = options.dbmigrate;
type = dbm.dataType;
seed = seedLink;
};
exports.up = function (db) {
return Promise.all([
db.runSql('UPDATE office SET name = \'Office of Brazil and Southern Cone (WHA/BSC)\' where name=\'Office of Brail and Southern Cone (WHA/BSC)\''),
db.runSql('UPDATE office SET name = \'U.S. Embassy La Paz\' where name=\'U.S. Embassy LaPaz\''),
]);
};
exports.down = function (db) {
return Promise.all([
db.runSql('UPDATE office SET name = \'Office of Brail and Southern Cone (WHA/BSC)\' where name=\'Office of Brazil and Southern Cone (WHA/BSC)\''),
db.runSql('UPDATE office SET name = \'U.S. Embassy LaPaz\' where name=\'U.S. Embassy La Paz\''),
]);
};
|
Like many others I've been creating a simple PHP/XML CMS with a wonderful tutorial on this site. Essentially it's a 'latest news' page. The stories display on the web page with the most recent item created at the top, but I want to be able to 're-shuffle' the stories based on a number I add to an XML node.I'm sure there must be a way with PHP to order the results based on a number in one of the nodes? For example:
In the above example, because it has been given the rank '1', I would like it to display first on the web page no matter when it was created. Other stories with higher numbers would appear below it. Does that make sense?!
Here is the php code that extracts the info and displays it on the web page: |
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Thursday, 29 March 2012
This is a card I made for my friend Eileen who's birthday it is today.....Happy Birthday Eileen...I just love this S.U. Elements of Style stamp set. Coloured with Copic pens and I have 3D some of the flowers.Card, papers and the embossing folder are all from Stampin Up...just added a touch of glittered lace and a few pearls.
Saturday, 24 March 2012
This is an image from the Oh La La CD Carnival of Colours which has some beautiful images and is lovely to use especially when you need a quick card.For part of the background I have stamped an S.U. script background a onto old olive card. Leaf branch is also from S.U.....faux brads added.
Wednesday, 21 March 2012
The challenge over at Penny Black this week is 'This, That and the Other (Anything goes). Haven't had time to craft since Friday as we have been baby sitting but managed to produce this card for the challenge.Stamped image is called 'Sweet surprise' and coloured with Copics.Backing paper is from my stash but I know the yellow paper is from Papermania.Sentiment is Personal Impressions stamp...
Sunday, 18 March 2012
Firstly Happy Mothers Day to every mum out there in blogland....I hope you are all being thoroughly spoilt today.
This is also my mid month post for St Lukes charity card challenge and our challenge was Spring into Spring.My stamp is an old one and although is wood mounted does not have a name on it....this stamp really needed to be 3D to make the tulips stand out...image was embossed with copper and then painted with some Daler-Rowney Pearlescent Liquid Acrylic paints which I have had since the year dot!Corner dies are from Cuttlebug... sentiment is stampin up.
You still have time to make your Spring into Spring creation...and we are hoping we might top 100 entires this month...so come on crafters help us reach our target.Have a lovely day.....
Saturday, 17 March 2012
She's a wonderful daughter and a fantastic mum. Martin her husband is taking her away for a couple of days and we are looking after the children, we are having a family meal today which will be lovely...
Friday, 16 March 2012
I love these sets where you get stamps and dies together although I have just used the die cuts on this Die-Namics set, its does save you having to cut out the images! I have used a tiny stamp from the set on the background behind the tea pot. Backing papers is S.U.....just added a little bit of lace for the tablecloth and made some faux brads.Hope you all have a great week end whatever you do..
AnneI've just noticed the word tea is upside down..so had better change that!!
Thursday, 15 March 2012
I've been playing with my S.U. Fresh Vintage stamp set.Stamped the main image using old olive and also stamped the larger flower stamp using real red and 3D the flower head. Mounted onto Nesties. For the background I used S.U. designer paper which matches the stamp set and one of the S.U. embossing folders. I used 2 of the small butterflies from the S.U. Butterfly Sizzlet die.We have thick fog again here in Somerset and it quite cold so think today could be a crafting day....well who needs an excuse to craft!!
Wednesday, 14 March 2012
Ok I know its the same image as yesterdays post but haven't got another card to post today so thought you might like to see the Baby Boy version of yesterdays card.Image is from Sugar Nellie called 'Bambino'....coloured with Copic pens...backing papers are all from S.U., sentiment from LOTV.....S.U> eyelet punch. Embellishments from my stash. Think my daughter will happy with the baby cards.Its our club night tonight and we stamping onto candles with Michelle and doing a parchment project with Janet....hopefully if I remember I will take my camera tonight and take some photo's.
Tuesday, 13 March 2012
Two posts in one morning!!! I've finished the first baby card for my daughter and I've used this lovely image from Sugar Nellie called 'Bambino'.....coloured with copic and mounted onto Nesties. Again I have used some gathered ribbon around the edge. Backing papers are from S.U. The little silver flowers are buttons which I have had for ages. S.U. eyelet border punch and of course a few pearls.... Right off to make a the baby boys card now...which I will post tomorrow!!
Another 'quickie' LOTV card for you this morning using the die cuts....love these two little chaps... Papers are from K and Co Hopscotch pad...MS border punch and Su star punch...Off to make a couple of baby cards for my daughter, her friend is having a C.Section next week and of course they don't know what sex the baby is so need to make one of each....
Monday, 12 March 2012
I am still plodding on with my 60 card order...nearly there now just Wedding and a few mens cards to do...This is one of my 'quickie' cards using one of the lovely LOTV die cut images which I have added more colour to. For some reason the colours haven't colour come out very well...I used Copics next time I will use pencils and hopefully that will be better...Anyway back to the card...backing paper is from S.U. so is the cardstock, Nestiies die, E.K. Success scallop border punch, sentiment is from Craftwork Cards...Thanks for popping by...
Sunday, 11 March 2012
Another great challenge this week from Chrissie and Mandi over at Less is Moreits One Layer and the subject is Script.I've used two stamps, one script one if from Hero Arts called Manuscript Background and the lady is a Rubber Stampede stamp and is just called 'Woman in a Hat'. I stamped the lady first then masked her before popping the script stamp over the top.The weather here in Somerset is a bit foggy and overcast so an ideal day to spend in the craft room!Enjoy your Sunday...
Saturday, 10 March 2012
Our challenge over at the Penny Black Saturday challenge this week is 'The Young Ones'.... This is one of my cards that I made for my big order so thought you would fit this challenge has you cant get any Younger than a baby!Colours with Copic pens. mounted onto circles with a touch of pink lace around. Backing paper is from Craft Creations, embossing folder used is from S.U.Sentiment is an Art Impressions one...Think my scanner is giving up the ghost as it wont copy very well so will have to get my camera charged up!
Thursday, 8 March 2012
This weeks challenge over at Less is More is Colours and the colours we have been given to use are Neutrals...Mandy and Chrissie have given us some lovely inspirational cards... I have used the Stampin UP Triple Treat Flower which I bought a while ago..stamped the flower in Black and Soft Suede. Backing papers are also from S.U. and so is the border punch and the sentiment, Just added a little black ribbon across the centre.
Wednesday, 7 March 2012
I have been lucky enough to receive this lovely award from Pauline over at Craft Obsession so thank you Pauline very much.So, to accept this award there are a few rules:Thank the giver and link back to the blogger who gave it to you.Reveal your five blogger picks and let them know by leaving a comment on their blog.Copy and paste the award on your blog.Hope that those you honour forward it to their favorite bloggers.Here are just 5 ladies who visit on a regular basis, and provide a lot of inspiration when the old mojo is lacking but I could add a lot more to my list....
Sunday, 4 March 2012
Penny Blacks challenge this week is CASE-IT and this is my take on the challenge.I've used my Butterfly Kitty stamp and coloured it with Copic Pens.Flower punch is one of the Nellie Snellen ones, Senitment and punched label is from Stampin Up.My lovely friend Val and her husband come to visit on Friday and we always have a bit of a 'show and tell' of our crafty things we have done and Val very kindly let me use one of her new Go Kreate dies which was a scallop circle which just about went through my Bigshot..so thank you Val.Easel cards aren't the easiest of cards to photograph thats why I dont put many on my blog!!
Thursday, 1 March 2012
Where did February go to?? Its the 1st of the month and that means another challenge over at St Lukes Charity card challenge and this month our challenge is Spring into Spring...anything to do with Spring....flowers, animals, fresh Spring colours so lets see what you can come up with.The stamp I have used is an old PSX Clematis stamp, coloured with Prismacolor pencils, backing paper is from Stampin Up the Trellis punch us a Martha Stewart one, leaves punched are from the SU bird punch.We have two great giveaways this month so if you enter a card you could win this lovely set of Waltzing Mouse stamps and a great magazine Paper Crafts for lots of inspiration:
Pop over the the St Lukes Challenge blog and see what the other members of the DT have come up with for this challenge.....wouldn't it be great if we would reach 100 entries this month, so come crafters show us what you can do.
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About Me
My name is Anne I have been a crafter for many years but making cards for 18 years. My friend Karen and I started a Craft Club in a little village in Somerset 11 years ago.I have the best hubby in the world', 2 lovely daughters and 4 beautiful grandchildren, who could ask for more? |
The Bauer Memorial Path provides a short route through residential and commercial areas of Machesney Park, a northern suburb of Rockford. The trail begins at the Harlem Community Center and travels in...
The Busse Woods Trail system is located within Ned Brown Forest Preserve, a 3,700-acre property in the northwestern suburbs of Chicago. There are 11.2 miles of paved trails for cyclists, equestrians...
The Cal-Sag Trail (or, Calumet-Sag Trail) is currently under active construction. As of early 2018, it has a competed section of about 13 miles, stretching from near its western terminus at the John...
Illinois’ Centennial Trail runs through parts of three suburban counties from Willow Springs Road to Romeo Road/135th Street southwest of Chicago. The trail occupies a thin strip of land between the...
The Chain O' Lakes Bike Path is a paved trail that runs between E. Grand Avenue in Fox Lake and Grant Woods Forest Preserve to the east. The trail parallels the railroad track and Rollins Road/CR 31,...
The Charles Street Community Path offers a neighborhood route through southeastern Rockford, connecting residents to CherryVale Mall on its eastern end. On its western end, Alpine Park is just north...
The Commonwealth Edison Bikeway is a short paved trail that occupies an overhead electric utility corridor owned by Commonwealth Edison, the local utility company—hence the trail's name. While lacking...
The DeKalb-Sycamore Trail—also known as the Peace Road Trail—parallels the eastern side of Peace Road from DeKalb to Sycamore in northern Illinois. Along the way, you'll pass a mixture of residential...
The Deer Grove Trail is one of several great Chicagoland trails located in properties of the Forest Preserve of Cook County. Deer Grove is the oldest of all the Cook County preserves. It's comprised...
The Duck Lake Nature Area Trail follows the southern side of Lake Como between Lake Geneva and Como, Wisconsin, not far from the Illinois state line. The trail is more rustic than most rail-trails and...
The East Northbrook Trail is a 1-mile route through a wooded corridor adjacent to an out-of-service rail corridor in the Village of Northbrook. The trail provides access to residential neighborhoods,...
The the Fox River Trail (FRT) was built on stretches of three former railroads: Chicago, Aurora & Elgin; Aurora, Elgin, & Fox River Electric; and Chicago & North Western. Today, it hosts a multitude...
About an hour northwest of Chicago, the beautiful Grant Woods Forest Preserve spans more than 1,000 acres, offering an outdoor respite of prairie, woodlands and marshes. The crushed limestone pathway...
The eastern segment of the Great Western Trail in Illinois follows 12 miles of an abandoned railway corridor through DuPage County, between Villa Park and West Chicago. There are plans to extend the...
The western segment of the Great Western Trail in Illinois follows 17 miles of a former railway corridor through DeKalb and Kane counties, between LeRoy Oakes Forest Preserve and the town of Sycamore....
The Harlem Township Bike Path lies not far from the Rock River in western Machesney Park in the Rockford metropolitan area. The trail consists of a lower (southwest) and an upper (northeast) loop in...
The Hononegah Recreation Path begins near the State Route 2 bridge over the Rock River in Rockton, a small town about 4 miles south of the Illinois–Wisconsin border. The paved trail follows Hononegah...
The John Husar I&M Canal Trail is the northernmost trail developed on the Illinois & Michigan Canal National Heritage Corridor. The Illinois & Michigan Canal provided the final link in the water route...
The Joliet Junction Trail is a paved path that travels north–south through the west side of Joliet. It occupies an abandoned Elgin, Joliet and Eastern Railway corridor that in its last years was known...
The KR Trail is a new addition to Kenosha County’s growing bike-ped network. The trail picks up where the Kenosha County Bike Trail leaves off, in Petrifying Springs Park. From the northwest corner of...
The Kishwaukee Riverfront Path winds nearly 7 miles through downtown Belvidere, east of Rockford in northern Illinois. As its name implies, the paved scenic trail follows the waterway for most of its...
The Kishwaukee-Kiwanis Trail winds through the northern Illinois town of DeKalb, coursing along a river, through woodlands, among open spaces through parks and through suburban back yards. The trail...
The Kuhn Road Trail starts on Lies Road, at Glenbard North High School and continues south along Kuhn Road, past single-family homes and Friendship Park. The trail officially ends at Barbara O'Rahilly...
The 13.5-mile Lake Michigan Pathway keeps you in close touch with the sixth-largest freshwater lake in the world as it links rail-trails north and south of the port city of Racine. Along the way, the...
Although a relatively short trail, the Leland Path provides an important connection between the Hononegah Recreation Path and the Stone Bridge Trail. The pleasant, tree-dotted pathway travels through...
The Millennium Trail currently spans just over 30 miles in two disconnected segments, but there are plans to extend it to 35 miles and connect it to the Des Plaines River Trail. The trail goes through...
The North Branch Riverwalk is a 0.6 mile biking and walking trail located on Chicago's northside along the North Branch of the Chicago River, nestled between Gordon Tech High School and Lane Tech High...
The North Branch Trail follows the North Branch of the Chicago River over 20 miles through Cook County. The trail was originally a dirt path often used for horseback riding; though it’s now paved, an...
The North Shore Bike Path runs for nearly 8 miles between Lake Bluff and Mundelein, paralleling State Route 176 for the path's entire length. The trail is one of dozens in the Chicagoland area, all of...
The North Shore Channel Trail extends from the junction of Green Bay Road and McCormick Boulevard in northern Evanston to the junction of Lawrence Avenue and Francisco Avenue in Chicago. All but the...
Racine’s southeastern neighborhoods are home to the North Shore Trail, which extends south to the Racine–Kenosha county line. Because Racine County standardized its signs several years ago, you won't...
The Orland Park Bikeway provides a great connector across the Chicago suburb of Orland Park. On its southern end, the trail begins at W. 159th Street and winds its way through Centennial Park, which...
Stretching from Afton to Janesville, the northern section of the Peace Trail offers a paved, tree-shaded route paralleling the Rock River and an active rail line. At its northern end, the trail merges...
The Pelishek-Tiffany Nature Trail runs for 6 miles along an abandoned railroad corridor, between the towns of Allens Grove and Clinton. The trail is open to snowmobiles, cyclists, horseback riders and...
The Perryville Path runs nearly 7 miles, connecting the communities of Loves Park and Rockford, not far from the northern border of Illinois. A pleasant place to begin your journey is Rock Cut State...
The Pike River Pathway is a short trail on both sides of the reconstructed Pike River in the Village of Mount Pleasant. The path is convenient to several neighborhoods in the community. Birds, frogs...
The Prairie Point Trail is a scenic neighborhood route that connects twice to the longer Grove Road Trail. While never far from houses, the trail offers surprising scenery, including a stretch along a...
Prospect Heights has very few sidewalks, so biking, inline skating or walking are moved to the streets or in the parks. Don't underestimate the Prospect Heights Bike Path which is over four miles of...
The Puri Path is a paved route in Rock Cut State Park, a beautiful outdoor destination of more than 3,000 acres for the city of Rockford. The path runs through the heavily wooded northeast corner of...
The 4.4-mile River Bend Trail is so named for the loop of Fox River along which it follows on its eastern end. It's here that you can connect to the scenic Fox River Trail to travel 43 miles along the...
The Robert McClory Bike Path runs the length of Lake County, knitting together a string of communities on the north shore of Chicago all the way to the Wisconsin border. In 1997, the trail was named...
The paved Rock River Recreation Trail winds throughout downtown Rockford and environs, following the east bank of the Rock River through Shorewood Park and Martin Memorial Park. Officially, the trail...
The Rock Valley College Path is a paved route looping around and through its namesake campus in Rockford. At its southern end, it connects to the Spring Brook Road bike lanes that continue east to the...
An excellent example of land use in greater Chicago, the entire Skokie Valley Trail corridor is a rail-with-trail, paralleled by double tracks that sit about 40 feet to the west of the trail surface....
The Southern Dupage County Regional Trail connects multiple of the larger forest preserves in Dupage county together. Starting near the intersection of 75th st and Ogden Ave in Aurora, the trail runs...
The Stearns Road Bike Path is a dedicated sidepath traveling from Hanover Park to the Bartlett, in the Chicago suburbs. The asphalt path sits on the north side of Greenbrook Boulevard/ Stearns Road,...
Built on a former rail bed dating back to the 1850s, the Stone Bridge Trail provides a crushed limestone pathway through rural countryside. A highlight of the trail is passage on Stone Bridge over the...
The Struckman Boulevard Path is just over a mile long, stretching between Bartlett Road and State Route 59, (although the path narrows from the end of Sunset Park up to the end on SR 59). That said,...
The Tall Grass Greenway Trail is a trail that runs along the right of way for ComEd powerlines. The trail goes mainly through neighborhoods in south Naperville, and meets up with the south branch of...
In just a few short miles, the Wauponsee Glacial Trail leaves the urban confines of Joliet to bask in open farmland and reclaimed tallgrass prairie where the bison roam again. Named for a glacial lake...
Recent Trail Reviews
Kinstone Recreational Path
Side trail that leads to others
It seems to me this should have been called the Hononegah Trail given it passes through the forest preserve and etches the road with the same name. Anyways, the far east part of this path stems off of the Old Bridge Trail which is a great place to bike. When you come off that trail and onto the Kinstone, you go through a small forested area before heading up a hill that starts you along Hononegah Rd. The trail is asphalt/cement and is in pretty good shape. As mentioned, it goes through the front section of the Hononegah FP where they have a bathroom, picnic tables and a water pump all near the trail. The trail ends just east of downtown Rockton but another path picks up that takes you past the Rock River and the downtown area.
There aren't many bells and whistles along this short path but it is a nice continuation to other trails in the area.
Stone Bridge Trail
Continue the Long Prairie Trail
A month or so ago I rode the full length of the Long Prairie Trail. When I reached the Ronald Olson FP I realized that the trail continued as the Stone Bridge Trail. Having liked the Long Prairie Trail I marked the path for a future visit. That didn't take long, I was back a month later and ready to tackle the Stone Bridge and four other paths in the area with my son.
The Stone Bridge Trail is a very well kept limestone trail that only spans about 6 miles. Although short it features areas where you are in a gorge, then on a steep hill. In the middle you can get a history lesson by demounting and walking down the hill at the Stone Bridge site. At the base of the hill you can see the preserved site and read about its historic value.
At the northern base of the trail you can see where the train track line continues north. I sincerely hope they turn this into more biking trail that heads into Wisconsin.
Waterfall Glen
great ride
We rode the main trail and explored a few trails leading off the main trail on our mountain bikes. The only complaint is the lack of water. We are going back in a couple of days to do two loops and try more side trails. We will bring a cooler with our supplies
Pecatonica Prairie Trail
On the decline
I've used this trail for years. The past couple have seen serious decline in the trail's condition. It once was nicely and evenly packed with crushed gravel as recent as three years ago, but now most of it has been overtaken by grass and heavy rains have washed out parts of it. It's still passable on mountain bikes and fat tire bikes, but that's about it. I'm not sure why it has stopped being maintained but at the current rate, in another year or two nature will take it back completely.
Fermilab Trail
Good ride, Kirk Road is a mess
We came thru off of Batavia Rd and was an easy no traffic ride. Easy loop back to Prairie Path Trail.
Headed north on Kirk and is under construction and west side bike trail is terrible going up to Faybian Pkwy.
Fox River Trail (IL)
Oswego to Algonquin and back
We’ve spent many hours on this trail since we started riding a tandem two and a half years ago. We live close the Virgil Gilman trail in Sugar Grove and have spent most of our time on the southern half of the Fox River trail north and south of its junction with the Gilman Trail. The Fox River Trail also connects with the Illinois Prairie Path and its spurs as you venture north of Aurora through Elgin.
Six weeks or so ago we decided that we would try to ride the entire length of the trail and back. We spent the last couple of weeks on the northern section of the trail making sure that we knew our way through the northern half which has a few sections that go around short breaks in the paved trail such as north of State Street in South Elgin and heading south into South Elgin where the trail meets Raymond Street, there is also a junction to the Elgin spur of the Prairie Path. If you cross Raymond Street, you’ll be on the Prairie Path which you can use to go around South Elgin. To stay on the Fox River Trail, do not cross Raymond – go around the corner to the right. Each of these practice runs also included the hilliest section of the trail between South Elgin and Batavia. Tandems are crazy fast downhill due to the mass and aerodynamics but riding up long hills takes a special kind of love!
Yes, the trail can be busy around the towns; especially on weekends. The same reasons we are attracted to this trail also brings out the people walking and families. We thought doing our end to end ride would be better on a Friday but there were a surprising number of folks enjoying the beautiful day with us. We’re just patient with passing and give a thank you as we go by. More so than some other trails, there are many surface crossings so this trail will not boost your average speed, but we find these limitations to be a reasonable trade-off for this well-maintained trail.
The ride yesterday was generally incident free and went according to plan and was our longest ride to date on the tandem. We started out with a rear derailleur skipping issue which was very annoying (you shift more on a tandem than a single) but a quick adjustment at our first rest stop and all was well. The only other issue was a bridge replacement over Poplar Creek just north of South Elgin. Last Sunday there was no sign of construction, but we approached yesterday to find the trail closed. We checked it out to find that the old bridge had been removed but the new one was not yet installed. Fortunately, we found an unofficial detour and continued. Southbound, there was a sign that indicated the trail would be closed through the end of the month.
Cal-Sag Trail
Beautiful trail, no street crossings!!
Loved exploring this trail today! A bit hillier than Prairie or Salt Creek but nice rolling up and down both ways. We easily found Sag Quaries with Google Maps off of 83 and jumped right on. Couldn't believe no street crossings all the way to Nicks BBQ at the end of the trail! We stopped for lunch than headed back. Nice 24 miles! Loved the Lake Katherine area and the low traffic on this trail! We'll do it again in the fall as the foliage will be beautiful!
Danada and Herrick Lake Regional Trail
Herrick Lake - A Little Gem in Western DuPage County
I am embarrassed to admit that I have lived in the area for 20+ years and have driven by this little gem more times than I can remember. It is gorgeous!! I took my bike and was amazed at the number of trails and how large the area is. I went on a weekday afternoon so while many people were there walking their dogs or just enjoying the solitude, it never felt crowded. There were many stretches where I was completely alone and had the trail to myself. The parking lot of the Herrick Road entrance can accommodate many cars. It's a great oasis in the Western suburbs and I can't wait to go back!!
Prairie Trail (IL)
Awesome Path!
August 7th. Almost a perfect summer day and definitely perfect for a ride. Did a 30 mile round tripper from just south of Wisconsin line to south of McHenry and back. Condition of trail for that portion was about the best I've ever seen on any trail. Highly recommend parking at the trailhead for the Hebron Trail off Keystone Road at the north end of the trail. Hebron Trail will then take you straight east to hook up with Prairie Trail where you can begin and head south. No problems, well maintained all the way. Passes through several small, medium sized towns on this stretch with McHenry being the biggest. Plenty of access to services, food, water if you need it. Plan is to continue from McHenry on down south for my next leg of this trail. Can't wait to see what's ahead.
Baumann Park Recreation Path
Very Nice
Fox River Trail (IL)
Best sights of any bike trail!
This bike trail has the best sights of any! In Batavia you have the huge windmill, Fabyan Japanese gardens, and trolley museum. Pretty wildflowers as you go through Saint Charles and pass Camp Kane. The train museum in St Charles is neat as well as the collection of signals with the Woodcliff sign, then once you get to Elgin you can see a little castle off the path, Pratt's castle! I don't think any other path has as cool sights as this one. |
is needed. Air conditioners are rated according to
energy output, measured
in BTUs. Simply put, the
larger the room, the more
energy output required.
One more important
point: Modern equipment is more energy efficient than older models.
New Energy Star–rated
models use 10 percent less
energy than conventional
models. These new-gener-ation air conditioners
often have timers to turn
down the power when it’s
Hot tips for not needed.
Smart usage tips
Once you have the
keeping cool right air conditioner in
place, AHAM suggests
following these tips to
optimize performance.
• Turn off the unit and open doors and
windows during cooler periods.
• Use the unit fan and portable fans to draw
in cooler outside air and increase circulation.
• Use a dehumidifier in the basement to
prevent excess moisture seepage through
the house.
• Use a higher (warmer) thermostat setting during peak periods or when the area is
unoccupied. A 75- to 80-degree setting will
cut power consumption by 15 percent.
• Don’t let heat build up all day and then
try to cool areas quickly. Start units earlier in
the day and cool areas slowly before they are
occupied.
• Avoid activities that generate high heat
and humidity (such as cooking, bathing and
laundering) during high-heat hours.
• Draw shades or window blinds to reduce
solar and outdoor heat. Reflecting and dou-ble-pane glass, awnings, overhangs, louvered
sunscreens, plantings, fences or an adjoining
building also help—but don’t block the back
of the air-conditioning unit.
• Regularly change or clean filters and
check airflow for blockage or frost on the
evaporator coil.
• Have the air conditioner checked and
cleaned at the start of the season. During the
off-season, make certain it is cleaned and properly covered and disconnected.—Tim Talevich
KEEPING COOL in your home or business
in the summer months can roast your energy
bill. But taking energy-smart steps can help
keep air-conditioning costs as low as possible.
The two keys are buying the proper air
conditioner and running it properly. Here’s
a primer.
Buying the right air conditioner
It’s easy to understand how an undersized
air conditioner won’t properly cool a room.
Units that are too small simply aren’t strong
enough to cover a large room. However, an
equally common mistake is having an air
conditioner that is too large.
Air conditioners remove both heat and
humidity from the air, explains Energy Star, a
federal government organization that promotes energy-efficient products and practices. “If the unit is too large, it will cool the
room quickly, but only remove some of the
humidity. This leaves the room with a damp,
clammy feeling. A properly sized unit will
remove humidity effectively as it cools.”
Determining the right size of an air conditioner involves calculating room size and
other factors. Energy Star offers a basic chart
to calculate these figures on its Web site at
www.energystar.gov/index.cfm?c=roomac.pr_
properly_sized. But a more detailed calculator
is offered by the Association of Home
Appliance Manufacturers (AHAM) at its site,
www.cooloff.org. This program asks for information on which region you live in, whether
the room has windows (and which direction
they face), what’s above the room and so on.
Either way, once you establish room size,
you can determine what size air conditioner
• EnergyStar certified for high energy efficiency
• Electronic controls (including remote control)
• High power cooling and low noise operation
• Washable air purifying filter (anti-bacteria filter)
• Effective dehumidifying operation
• Indoor temperature sensing thermostat
• Energy saving switch
• 24-hour On/Off timer
• Window kit for easy installation
The Costco Connection
Costco offers a variety of air conditioners
from leading manufacturers in the warehouses and at costco.com. |
2007 to be hottest year ever, says Met Office
The UK's Meteorological Office predicts that 2007 will be the hottest on record, due to a combination of global warming and the El Niño weather phenomenon, Reuters reports.
This year will, the Met Office and prediction partner the University of East Anglia say, top the current record set in 1998. 2006, meanwhile, currently lies sixth in the all-time hottest years globally chart. All ten of the hottest years during the last 150 (when records began) have occured since 1994, the UN's weather agency adds.
Specifically, the upshot is that the world's average temperature in 2007 will be "0.54 degrees Celsius above the 1961-1990 long-term average of 14.0 degrees". 1998 clocked up 0.52 degrees above said average.
Met office scientist Katie Hopkins said: "This new information represents another warning that climate change is happening around the world."
The long-term prognosis is alarming. As Reuters puts it: "Most scientists agree that temperatures will rise by between two and six degrees Celsius this century due mainly to carbon emissions from burning fossil fuels for power and transport." ® |
PEORIA, Ill. (WEEK) — This morning the world-famous Willie York has passed away.
A family spokesperson confirmed the Peoria icon passed away overnight.
“We appreciate the public’s concern for our family member Willie York, and we appreciate the concern for him. We will truly miss the world-famous Willie York,” said the family spokesperson.
York was moved into hospice on Tuesday, according to a Facebook post on his fan page. The Vietnam War veteran had been ailing for some time.
York, 74, was a long-time fixture in the downtown Peoria area, known for his unique face painting, clothing, and unique outlook on life.
York was the subject of a short documentary in 2008. |
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package org.basex.query.func.validate;
import org.basex.query.*;
import org.basex.query.func.*;
import org.basex.query.value.item.*;
import org.basex.util.*;
/**
* Function implementation.
*
* @author BaseX Team 2005-20, BSD License
* @author Christian Gruen
*/
public final class ValidateXsdProcessor extends StandardFunc {
@Override
public Item item(final QueryContext qc, final InputInfo ii) {
return Str.get(ValidateXsd.IMPL[ValidateXsd.OFFSET + 1]);
}
}
|
<html>
<head>
<title>Path test</title>
<style type="text/css">
.pixel {
position: absolute;
width: 1px;
height: 1px;
overflow: hidden;
background: #000;
}
.red { background: red; }
.blue { background: blue; }
</style>
<script language="JavaScript" type="text/javascript">
// Dojo configuration
djConfig = {
isDebug: true
};
</script>
<script language="JavaScript" type="text/javascript"
src="../../dojo.js"></script>
<script language="JavaScript" type="text/javascript">
dojo.require("dojo.math.*");
function drawCurve(curve,steps,className) {
if(!className) className = "pixel";
if(!steps) steps = 100;
this.pixels = new Array(steps)
for(var i=0;i<steps;i++) {
var pt = curve.getValue(i/steps);
this.pixels[i] = document.createElement("div");
this.pixels[i].className = className;
this.pixels[i].style.left = pt[0];
this.pixels[i].style.top = pt[1];
document.body.appendChild(this.pixels[i]);
}
}
function init(){
var c = dojo.math.curves;
var p = new c.Path();
p.add(new c.Line([10,10], [100,100]), 5);
p.add(new c.Line([0,0], [20,0]), 2);
p.add(new c.CatmullRom([[0,0], [400,400], [200,200], [500,50]]), 50);
p.add(new c.Arc([0,0], [100,100]), 20);
p.add(new c.Arc([0,0], [100,100], true), 20);
drawCurve(p, 200, "pixel");
//drawCurve(new c.Line([0,250], [800,250]), 50, "pixel red");
//drawCurve(new c.Line([500,0], [500,600]), 50, "pixel red");
//drawCurve(new c.Arc([300,300], [700,200]), 50, "pixel");
//drawCurve(new c.Arc([200,200], [100,100], false), 50, "pixel blue");
}
dojo.addOnLoad(init);
</script>
</head>
<body>
</body>
</html>
|
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Project Description
We have partnered with the industries leading sock manufacturers to create the high performance ELITE style sock that all the athletes are wearing. Combined with CMP Clothing’s unique design skill set we are now offering custom sublimated and woven socks with your team’s style and brand. Check our pricing options here> |
The environment minister, Emmanuel Niyonkuru has been killed by an unknown gunman in the conflict-ridden East African Nation of Burundi, ...
The environment minister, Emmanuel Niyonkuru has been killed by an unknown gunman in the conflict-ridden East African Nation of Burundi, as said by a police spokesman on Sunday.
According to police spokesman, Pierre Nkurikiye, who said on twitter that the minister was shot dead with a pistol in the early hours of Sunday along the streets of the Rohero neighbourhood in the capital, Bujumbura.
Police also arrested a woman over her alleged involvement in the assassination, the spokesman added.
However, Burundi has been suffering from ongoing political violence since president Pierre Nkuruziza won a third term in office in July 2105 elections, even despite the constitutional two-term limit. |
id: dsq-747531936
date: 2010-04-05T22:49:24.0000000-07:00
name: DonSleza4e
avatar: https://disqus.com/api/users/avatars/DonSleza4e.jpg
message: <p>Awesome<br>Integrated lib with my <a href="http://asp.net" rel="nofollow noopener" title="asp.net">asp.net</a> mvc project ^^</p>
|
#include <bits/stdc++.h>
#define sd(x) scanf("%d",&x)
#define sd2(x,y) scanf("%d%d",&x,&y)
#define sd3(x,y,z) scanf("%d%d%d",&x,&y,&z)
#define fi first
#define se second
#define pb(x) push_back(x)
#define mp(x,y) make_pair(x,y)
#define LET(x, a) __typeof(a) x(a)
#define foreach(it, v) for(LET(it, v.begin()); it != v.end(); it++)
#define _ ios_base::sync_with_stdio(false);cin.tie(NULL);cout.tie(NULL);
#define __ freopen("input.txt","r",stdin);freopen("output.txt","w",stdout);
#define func __FUNCTION__
#define line __LINE__
using namespace std;
template<typename S, typename T>
ostream& operator<<(ostream& out, pair<S, T> const& p){out<<'('<<p.fi<<", "<<p.se<<')'; return out;}
template<typename T>
ostream& operator<<(ostream& out, vector<T> const & v){
int l = v.size(); for(int i = 0; i < l-1; i++) out<<v[i]<<' '; if(l>0) out<<v[l-1]; return out;}
void tr(){cout << endl;}
template<typename S, typename ... Strings>
void tr(S x, const Strings&... rest){cout<<x<<' ';tr(rest...);}
const int N = 100100;
int n, p;
int l[N], r[N];
int main(){
sd2(n,p);
for(int i = 0; i < n; i++){
sd2(l[i], r[i]);
}
l[n] = l[0];
r[n] = r[0];
long double res = 0;
for(int i = 1; i <= n; i++){
long long v1 = (r[i]/p) - ((l[i]-1)/p);
long long v2 = (r[i-1]/p) - ((l[i-1]-1)/p);
long long l1 = r[i]-l[i]+1;
long long l2 = r[i-1]-l[i-1]+1;
long long t = (l1-v1)*(l2-v2);
long double p = (long double) t / (long double) (l1*l2);
p = 1.0f-p;
res += p*2000;
}
printf("%.9lf\n", (double)res);
return 0;
}
|
3 Md. App. 266 (1968)
238 A.2d 920
MELVIN HENRY GREEN
v.
WARDEN, MARYLAND HOUSE OF CORRECTION.
No. 102, September Term, 1967.
Court of Special Appeals of Maryland.
Decided February 28, 1968.
Before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.
PER CURIAM:
This is an application for leave to appeal from an order filed on July 21, 1967, by Judge Robert I.H. Hammerman, sitting *268 in the Criminal Court of Baltimore, denying relief sought under the Uniform Post Conviction Procedure Act.
As stated by Judge Hammerman in his memorandum opinion, the applicant raised the following contentions:
1. That petitioner was the subject of an illegal arrest for the reasons that:
a. He was not a resident of the house in which he was arrested,
b. The police had no probable cause to arrest him,
c. That the narcotics were found in the hall of the home in which he was arrested and he was charged with their possession.
2. That the police gave perjured testimony at the time of trial.
3. That he was not properly represented by his court appointed lawyer.
Judge Hammerman stated that:
"Petitioner's counsel conceded at the outset and at the conclusion of the hearing that the first two grounds were not proper subjects for review on Post Conviction, that she understood that these issues were raised at the time of trial, and that she was not pressing them at this time."
The mere fact of an illegal arrest is not grounds for relief under the Uniform Post Conviction Procedure Act, Slater v. Warden, 233 Md. 609, as the legality of the arrest is immaterial where no fruits of the arrest are introduced into evidence at the trial against the accused; Ogle v. Warden, 236 Md. 425, but where the petitioner alleges, as he seems to do in this case, that evidence was seized as a result of the illegal arrest, this constitutes an allegation of an illegal search and seizure and may properly be raised under the Act. Davis v. Warden, 232 Md. 670; Fennell v. Warden. 236 Md. 423; Austin v. Director, 237 Md. 314. Since this issue was not pressed at the hearing, it can be considered as abandoned. Szukiewicz v. Warden, 1 Md. App. 61. However, we note that the lower court found that there was nothing in the testimony of the applicant to indicate *269 that his arrest was illegal. Since applicant did not carry his burden of proof, the arrest must be considered as legal. Thus, the allegation of an illegal search and seizure would also fail since further evidence to support this contention was not offered.
Judge Hammerman states that the rule as to incompetence of counsel is "that it is only when the representation is so deficient as to make a farce out of the trial that an accused is entitled to a new trial." Although this was the former rule in Maryland, the Court of Appeals has expanded this rule in Slater v. Warden, 241 Md. 668, so as to give a more comprehensive definition to that rule. The more preferable rule now is that counsel is incompetent when under all the circumstances of the particular case the petitioner has not been afforded "a genuine and effective representation." Turner v. State, 303 F.2d 507 (4th Cir.1962); Turner v. State, 318 F.2d 852 (4th Cir.1963); Slater v. Warden, supra; Jones v. Warden, 244 Md. 720; Nash v. Warden, 243 Md. 700. This is the rule that is now being followed by the Maryland Court of Special Appeals. Groh v. Warden, 1 Md. App. 674; Charles v. State, 1 Md. App. 222; Norris v. Warden, 1 Md. App. 69; Cherrix v. Warden, 1 Md. App. 65.
However, even under this more comprehensive rule, the trial counsel for applicant was not incompetent. Judge Hammerman found that "the court clearly does not find that (counsel) was in any way incompetent or negligent in the performance of his duties as attorney for the petitioner. Quite the contrary in the case. The court feels that (counsel) did a more than adequate job in defending the petitioner, as the testimony clearly demonstrates."
As to the second contention, we accept the lower court's finding that this was a bald allegation as no evidence was offered to support it at the hearing. Thus it cannot constitute grounds for relief. McCoy v. Warden, 1 Md. App. 108.
Application denied.
|
School
Level
After eight hours of casting and touching a creature of little or no intelligence, the creature would gain average intelligence (compared to humanoids) and learn the language of the caster. Plants also gained the ability to move their "limbs". The creature was effectively charmed by the caster for thirty days; after that, the creature could chose to stay or turn hostile to the caster. |
The temps have finally trended under 100 degrees in Arizona and parts of the nation are already getting downright chilly. Hooray for sweater and jacket weather! It's the most fashionable season in our opinion. Cuts are tailored and sophisticated, fabrics are rich and textured, and layering is where it's at! On NBC Channel 12's Arizona Midday, Angela walked us through the latest in key layering pieces from Vida Moulin boutique, and shared style hacks on how to get creative and create the perfect layered look to transition into fall.
For questions on the looks pictured below or on Arizona Midday, please email ...Read more.
Fact: If you ask a random group of women what their favorite season is for fashion, the majority will enthusiastically respond -- fall, of course!! Why? Well, fall styles are notorious for their sophistication, tailoring, luxe accents, and rich textured fabrics. Yum! And, who doesn't love to layer? Fall gives the fashion lover lots of room for styling and customization. The Fall 2019 collections are an impressive mix of classics like precision-cut tailored suits and separates, a variety of animal prints (especially leopard and python) and cozy knits. On the trendier side, we're seeing an '80s and '90s resurgence - ...Read more.
We're seeing an extra dose of '80s glam mixed with '90s edge in the fall collections this season, from sequins and satin to patent leather and utility chic. All luxe, very wearable and easy to mix and style. Sequins for day? YES! Moto jacket for evening? YES!
On Channel 3's Your Life Arizona, Angela shows us some of the latest fall trends we'll be featuring at our 4th annual “Sip, Shop & Style” event on September 27th at Saks Fifth Avenue, plus how to take them from day to night.
The gorgeous outfits on the show are from Saks Fifth Avenue at Biltmore Fashion Park. Plus, makeup artist Lisa Moore ...Read more.
YASSSSS!! It's time for our 4th annual Sip, Shop & Style event hosted by Saks Fifth Avenue and Mom Style Lab! And, we're excited to have ICONIC magazine join us as a media sponsor this year! This event just keeps getting bigger and better.
Boots, sweaters and fall decor are popping up in stores, signaling that fall is so close we can almost taste our first pumpkin spice latte of the season... oh wait, it's already on the menu at Starbucks. It may be a little too toasty where you live to don a sweater yet, but you can start embracing fall colors and transitioning to booties. Hmmmmm.... we LOVE fall and all its ...Read more.
Every year we travel to Seattle for several weeks to visit family and escape the heat in Phoenix, but it had been years since I'd been to Victoria, British Columbia. I decided to take Christina up on the Victoria Clipper to see the beautiful city and stay at the Fairmont Empress, which presides regally over Victoria Harbor. Known for its history and world-famous high tea, staying at the Empress has been on my bucket list for years. Plus, we have relatives in the area, so it was a terrific opportunity for some quality family time. All in all, we had a wonderful, memorable trip and can't wait to go back!
Leaving ...Read more.
Back-to-school time is exciting, nerve-wracking, invigorating and emotional all at the same for both parents and kids. Whether your child is starting kindergarten or middle school, picking up some new outfits that your kids feel confident in is an important part of the process. Involving your child in the shopping -- if they let you -- is a good idea, since it gives them an opportunity to express their style and individuality. Of course, some kids are more interested in their wardrobe than others, and many wear uniforms, which puts the focus on shoes and accessories. We turned to locally-owned boutique for both moms and ...Read more. |
It wasn’t long ago that Germany was considered one of the few countries with a stable political situation. On the surface at least, with high economic growth and a dominant position within Europe, everything seemed to be going well for the German ruling class. However, this stability is turning into its opposite.
On Sunday, 14 January 2018, tens-of-thousands of activists from different labour and left-wing organisations came to the Berlin Socialist Memorial Cemetery in the Eastern suburb of Friedrichsfelde to commemorate the murder of the outstanding German revolutionaries and Marxists Rosa Luxemburg and Karl Liebknecht on 15 January 1919.
Early on Monday morning, 20 November, the leaders of the German, right-wing, liberal Free Democratic Party (FDP) suddenly declared their exit from preliminary coalition talks and walked out of the room. The negotiations with Chancellor Angela Merkel`s Christian Democrats and their Bavarian sister party Christian Social Union (CDU/CSU) and the Greens had been going on for nearly five weeks.
A political earthquake is the best way we can describe the federal elections that took place in Germany on Sunday, September 24. For the first time ever in post-war history an extreme right-wing party has been elected to the Bundestag (federal parliament). At the same time the parties that formed the “Grand Coalition” lead by Chancellor Angela Merkel since 2003 have suffered historic defeats.
On Monday, a truck ploughing through a crowded Christmas market at Breitscheidplatz in Berlin highlighted once again the mess that has been created in the Middle East by imperialist meddling. Twelve victims are believed to have been killed while 49 have been injured. The perpetrator of this crime had hijacked the truck from a Polish driver whom he subsequently killed. After the attack, he fled the scene and is still unaccounted for. |
OUR WORK
To truly see if MP is the right firm to partner with for your project, you should take a look at the successful projects that we have undertaken. The real value of our firm is the expertise and experience that we can bring to you.
Biloxi Athletic Building, Biloxi, MS
The Biloxi Public School District hired M|P Design Group to design a new state of the art athletic facility at Biloxi High School. The facility totals 10,000 sq. ft. consisting of a large weight lifting area, cheerleading room, locker rooms, shower area and a storage area. The new athletic facility will be utilized by the football, baseball, softball, soccer and track teams.
M | P performed the architectural design, structural design, electrical & mechanical design, as well as the civil design for this project.
M | P provided the construction administration services for this project. |
Work Would be Great Without the Coworkers
The French philosopher Jean-Paul Satre once famously said, “Hell is other people.” I’m not sure who poor old (unfortunate) Jean-Paul’s neighbors, friends, or coworkers (people who work at the same place you do) were, but obviously they were not exactly ideal (perfect; the best possible).
There’s no question (no doubt) that getting along with other people can be difficult, especially when you are at your job. A recent article tried to look on the bright side (focus on the positive) of bothersome (causing trouble) coworkers and suggest ways that these types of people can actually be helpful. I’m not sure if I’m buying that argument (am convinced; agree), but I thought I’d talk about a few common terms used for these difficult types of coworkers in the U.S. Perhaps you know someone who fits (is similar to) one of these descriptions:
A social butterfly is a person who likes to talk a lot, be around other people, attend parties and other social events, and meet and know a lot of people.
A gossip is someone who likes to talk about other people, even if what he says isn’t true. You can have a social butterfly who just likes to chat (talk informally), but who may also be a gossip.
A workaholic is someone who works too much, and is always thinking about work, even when not working.
Malcontents are people who are generally unhappy and who may find ways to do things they are not supposed to do, or may express their unhappiness in other ways.
Someone who is passive-aggressive is someone who shows her unhappiness in small ways, rather than confronting (meeting face-to-face or openly) the person who is making her unhappy. A passive-aggressive person might misplace (lose temporarily) important papers, not return your phone calls, or “forget” to do the things she promised to do for you. So, it’s possible for someone to be a malcontent who is passive-aggressive. Even worse, this person could be a workaholic who is a passive-aggressive malcontent!
A narcissist is someone who believes everything should be focused on him or her, believing his or her own ideas, views, and beliefs are the most important. A person who is a narcissist might attract people who are suck-ups.
A suck-up is willing to say or do things — such as compliment someone a lot or say how great he is — to get an advantage in the workplace.
Backstabbers are people who pretend to be friendly with you, but make critical (disapproving) comments or do things to harm you when you’re not around.
Who do you think are the most disruptive (interfere with your work or cause the most problems) where you work: social butterflies, gossips, workaholics, narcissists, malcontents, suck-ups, backstabbers, or passive-aggressive people?
26 Responses to Work Would be Great Without the Coworkers
There are these kind of jewelleries every place you could be working and every one of them are really a good piece
to be off from them if it could be possible but some time it is not.
I think one of the most disruptive could be the passive-agressive that usually is also adorn with other virtues like
gossip and suck-up.
Working in a large place for years, being with dozens of chaps and women every day I have met every kind of these
jewelleries inside the office, but what is even worst could be that this kind of people usually have the hability of
going up from their position and get what they really want just to be a boss because in fact they cannot do another
thing as gossip, suck-up, or backstabber.
The common rule should be that fair workers or persons don´t get anything more than too much work every moment.
My best dear Jeff, you are a fair good worker without any of these attributes that you have mentioned above, that´s for sure.
A piece of paper, a line, at the right side all the negative things about a subject, a place, a decision, a trip, or which ever other matter
you need to think on.
On the right side all the positive things of the same subject, decision or question.
Read all carefully, think on all the negative and the positive things about the matter you need to have a resolution and act accordingly
with the result, or not, but you already know the PROS AND CONTRAS ( in Spanish) of the subject.
I have done that execise several times along my life, but never about a person, I love or want the person or not, to me that is enough.
Cuca an me are watching a new TV serial “Breaking Bad” (one of the best I could remember) and on the second or third episode the
protagonist take a paper and make a list that way. It could be one of the few occasions I have watched that on the TV., he has taken
a man he thinks wants to kill him, he cannot advise the police and have to decide if he kill the man or not, so take a paper and write
all the negative and the positive things of taken his resolution.
I am not going to tell you the end, see the serial that is incredible good.
I love what Cuca tells us about the themes or stories that she has, itself, to make life easier, sleep, do not think about their future, not thinking about their disease, multiple sclerosis , that have no cure.
Ultimately we could all, we know that we must die soon, today, tomorrow, or in a few years. Get sick if we are healthy, and if we ailments, with more reason to live today the present.
Cuca gives us a practical example of our destructive thoughts away and have incentives to entertain our intellect.
She tells us nice or comical real stories of the men and women who were living hundred of years ago and all of them are so interesting that have a great success
in the “gatufo´s blog”, till the point some time emiliano/gatufo. is jealous with her exit.
(it could be good to put some of them here in the ESL blog with Jeff´s permiss that sure he gives me)
+++++
Second and most important point, reflect on what we are humans.
Yes, the second point to ponder here is much more difficult and painful than the first.
What happens to human beings? No second day someone dies not massacred, murdered, raped, by one or more other human beings.
Humans beings themselves massacred by fellow like them.
The other living things of this world kill to eat, or to survive, we kill us humans?
Which purpose or we have in our minds to assassinate each other. To crush the weak, the innocent, invent the worst destructive weapons imaginable.
Was started with a stone, a stick, a jawbone of an ox or lamb, and so have been used increasingly, knives, swords, spears, arrows, maces, fire, stones, boiling oil, rifles, guns, planes, missiles and even gas mass murder our neighbors.
It is a malignant virus that is within our existence that makes us so aggressive, violent, butchers, with ourselves and our neighbors?
It is said that God made us in his image and likeness, that mystery is to doubt amazing and frankly, can not be that the image or likeness of God, the supreme being all goodness, you can be the man throughout his existence. Evil, murders, wars, famine and so continue.
Humans never learn?
Goodness is inside the human soul, of course, thankfully, but there are many doses of evil, violence, mindless aggression leads to kill our neighbors that we do not know, that finally, since such an attitude leads repeatedly million times, today, yesterday, and thousands of years before.
We have the gift of speech but not talk to our neighbors, our brothers, we can write and we do not, we can reason and not reason. Simply kill to impose our criteria, for fun, for amusement, for simple and clear evil. And most of the time by ambition, power and money.
We forget that we die, sooner than later, and to live well and in peace treasure not need wealth, power and hatred.
The world is plunged into extreme violence of the human race, as always, destroys itself and other living things, as long as all this for what purpose? I myself look inside myself and I know I can be violent in other circumstances, in other religious or dictatorial environments. Nobody can understand what is happening today, yesterday, or tomorrow. We’ll finish everything that exists? Could be.
I have no explanation for this, nobody does, extreme good and evil that is the human being. Good Samaritan, good father, good mother, and cruel murderer simultaneously if need be.
Who can understand?
More to the questions “to be or not to be that is the question” or “who I am, where I come to where I’m going”, we might think that we do so much damage to our neighbors and ourselves, while we are charitable, solidarity patients.
Frankly it is very difficult to understand ourselves.
But life, death, kindness, sadism and violence continue today in any part of the globe, and particularly in certain areas called “hot” of a lifetime. They fight, they kill, die innocent and this continues more.
Happen as usual, about the last years in Iraq, Afghanistan, Palestine, Lebanon, and many other countries.
Well, frequently I think on these subjects, but what could be done?
Humans are what they are along history, destroy everything they touch but even kill their humans brother without reason and any profit to their souls or
the kind of life it is supposed to have.
History follows always in the same way, the world if full with last examples of wars, destructions and pain.
I tend to agree with your title “Work Would be Great Without the Coworkers”, especially if we have to spend time together with Backstabbers, gossip, malcontents, narcissist, passive-aggressive, social butterfly, suck-up and workaholic.
In fact, these kinds of people don’t just exist in our work place, they are everywhere – at home, at work, even a stranger like a sales person could suddenly tells you how horrible her mother-in-law is.
There is a saying in Hong Kong: one type of rice feeds hundred types of people. We are all different. I would try to avoid those people who are bothersome.
I would like to thank you again Jeff for using this opportunity to teach us more special terms to describe those kinds of people. It is useful to know the use of them.
I believe that the best way to get along with the people of these categories is to know their inner world and expectations. Let me clarify my point.
A social butterfly is a good mixer who mingles with people easily. Consequently, he can give good advice on how to throw parties, prepare brilliant speeches and do presentations. If I, for example, ask for his wise tips, he will definitely wish to help me because he is an expert in this field. As a result, we will establish a steady long-term relation. By asking for his wise advice, I will boost his self-confidence and self-esteem. In return, I will improve my communication skills. It’s a win-win situation.
Moving on to a Gossip, he knows much about the coworkers, their problems and strong and weak points. If I want, for instance, to resolve a conflict with someone or clarify misunderstanding then I can come up to the gossip and ask everything about the person I am about to talk to. After hearing him out, I will be able to set the best strategy to tackle some problems. Besides, I can ask the gossip to get some important information about somebody for me. I bet the gossip will be glad to reveal his true talent. Again, it’s a win-win situation.
If a Malcontent bothers you, then you can download a video on crippled and mentally ill people from YouTube who are looking for some sponsors. Explain to him that these people are more miserable than him and need his help. Then, ask him to make a donation or provide them with any possible help. Next, always ask him whether he has done it or not. He will end up contacting you. If it doesn’t work, you can say that there is always some stink coming out of his mouth. He should see the doctor ASAP. Eventually, you will get rid of him.
Keep a distance from Backstabbers. Keep your conversations with him to the minimum. The less he knows about you the less vulnerable you are.
If you have to deal with narcissist, a few penny compliments will make him happy. Highlight his importance in the company and point at his unique approach to tackling various problems. Don’t overdo, of course. Otherwise, you will be considered as a Suck-up.
Jeff’s post provoked so many thoughts that I am writing again. I do not see any problem with that. There is so many white space just waiting to be filled.
I am trying to looking at the picture from a different side here.
With these individuals it is not all pain and negativity, they also make the world different, less boring and various. So, I am pleased with their presence.
Just as an example, without them, there would not be this same post! we would be here complaining about how perfect we are.
I do not want to work in a place that looks like the covers of the Jehovah’s witness publications of paradise on earth where you see everyone smiling
and the kids play with lions.
Maybe that yes, I mean playing with lions, I would like that.
So, I am glad there are such individuals around. Personally, at the workplace I experience lots of fun.
We are all relatively young and there is abundance of joking around and jerks to make fun of.
Answering Jeff’s question, I would say that the most disruptive person is the woman that instead of working goes b@#£@ing around.
I could be wrong about that, but geez …women can be disruptive just like hurricanes. Don’t you guys agree?
Hi! I like the psychological topic even if I always have a guiltiness feeling.
I think we all are a little narcissist, a little gossip, a little backstabber. This is the human nature.
I look at the little children. They don’t know to lie and their parents must teach them not to have bad manners with their mates, having a good bahaviour.
Because of many troubles, failures from our own life we can harm work place life or even productivity.
We start to envy, to hate anyone, especially the success persons.
Or simply, we were born with these “manners”.
Hi! With regard to the bosses…I agree with the mentioned article.
“The narcissists are terrible listeners and apt to gobble up all the credit.
Many bosses are narcissists. Take care ensuring that the narcissist doesn’t rule your work life.”
One of my bosses was very gossip, backstabber, very, very narcissist, but workaholic and clever.
We have sometimes to tolerate some “sins”, if it is possible.
Hi! Dear Neal, you are a new comer I think. Glad to meet you.
Thank you for your very good advices.
For sure you are talking from a boss view point.
A good boss must know to use all his employees abilities and “sins” for his profit.
And I agree with you: the less he knows about you the less vulnerable you are.
This was one of the first advices received when I started to work:
don’t talk too much about you.
Thank you.
Hi! Dear Emiliano, I am reading with interest every thing you are writing.
I was worried about you said: around February/ March I began to regain my life again.
I’m not really a believer but I pray to God when I lose hope.
I do the same, too.
I wish you all the best.
Hi! Work would be great without the coworkers… I don’t know what to say…
I have had the oportunity to work alone in an office.
It was quiet, pleasant, but I was isolated from the rest of the coworkers.
As I am a lonely person, being and isolated…you can imagine how nice it was.
Neal, my eyes are opening wide reading your post as it is wise, absolutely wise and certain. I think you have given us such good advises
that I can only said you ¡BRAVO¡ they are really nice and incredible wise advises what you have written in the post.
Reminds me what my wife Cuca use to do in her common life, she is really an intelligent wise person just in living without problems with
other, family or wich eve other person who could be beside her.
I am not so, I am a fighting man that says just what me have not to say being so frank and crude (some times) that seems I am looking
for problems every where or moment.
To persons like you and Cuca I only could say, Bravo, that is the right attitude to be happier, Neal sincerely yours
emiliano.
A stimulating issue,I guess.After reading this,some kind of faces,faces of my coworkers, have come out of my mind immediately.
some of them are more or less like Jeff said.And it seems to me that a suck-up may disturb me a lot,which could be called ‘friendly-looking tiger’
in China,I guess.
But there is a saying in my country,all rivers run into sea because it has wide heart and is capable of embracing all.We are not sea though,we could
still learn to sea and try our best not to be influenced by those kind of persons.
Anyway,I guess we are not perfect as well and we sometimes are more or less like them.
So thinking of more positive sides of people would do good to all of us.
Dear Tania, I don´t know if these poems have been here in this land of peace before
but again they are here, just for you dear friend.
My Love
Without wanted, without feeling it nearly without being concious
I fell in love.
Thin, nice, beautiful crazy girl, we were living the sixties.
Deluded years from one generation that confused everything.
Love, miracle daily bright that enlight my entire life.
After fourty years or more of living, without feeling them being together.
Today I still fell in love with you once and again till I´ll die.
Depression
I am not the same I felt yesterday.
Changed without knowing why?
It is today what let me empty?
Ideas come and go without any sense
Thoughts incessant that drill the head
Not hopes only awaiting everything go by
Be you I say, but so another day
Going after chimeras that vanish
There is not any sense or hopes just wait
One and another day, waiting for what
Dead without doubts, easy relax for ever
Sleep, not to think, not to suffer, not await
Sleep for ever, at the end rest perhaps?
Who knows? life it is a not sense being so
when there is not will to continue
Only rest is the time, today only rest is my will.
++++
Yes, they are quite different, but some time sadness gives a way of inspiration, don´t you think
so dear?
Hi! Dear Emiliano, very nice poems! I consider them a spring present for me. Thank you.
I copy all your poems in a special notebook.
I copy to remember them and all good thoughts from all our blog friends who address me. |
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J-S55030-18
2019 PA Super 59
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT
OF
PENNSYLVANIA
Appellee
v.
PRINCE ISAAC
Appellant No. 389 EDA 2018
Appeal from the PCRA Order Entered December 21, 2017
In the Court of Common Pleas of Chester County
Criminal Division at No: CP-15-CR-0002120-2007
BEFORE: OLSON, STABILE, JJ., and FORD ELLIOTT, P.J.E.
OPINION BY STABILE, J.: FILED FEBRUARY 26, 2019
Appellant, Prince Isaac, appeals from the December 21, 2017 order
denying relief pursuant to the Post Conviction Relief Act (“PCRA”), 42
Pa.C.S.A. §§ 9541-46. We affirm.
Appellant represented himself at trial after a defective waiver-of-counsel
colloquy—the trial court never apprised Appellant of the elements of the
charged offenses.1 Appointed direct appeal counsel did not raise this issue.
On collateral review, Appellant claimed direct appeal counsel rendered
____________________________________________
1 “To ensure that the defendant’s waiver of the right to counsel is knowing,
voluntary, and intelligent, the judge […] shall elicit […] that the defendant
understands the nature of the charges against the defendant and the elements
of each of those charges[.]” Pa.R.Crim.P. 121(A)(2)(b).
J-S55030-18
ineffective assistance. The PCRA court originally denied relief, but a three-
judge panel of this Court reversed, concluding that the defective waiver
colloquy was an issue of arguable merit.2 We remanded to the PCRA court for
an assessment of counsel’s strategy and the prejudice, if any, to Appellant.
The PCRA court once again denied relief, and this timely appeal followed.
The prior panel quoted the underlying facts:
[Appellant] and his brother and co-conspirator, Shamek
Hynson [(Hynson)], had a powerful motive to kill the victim, Omar
Reid [(the victim)], on October 18, 2004. The murder was an act
of retaliation against [the victim] for an incident involving another
one of their brothers—Ramek Neal—that took place nearly one
year earlier. On November 5, 2003, at approximately 10:30 p.m.,
Neal and another individual broke into [the victim’s] apartment at
416 Victoria Drive, in the Regency Park complex located in
Coatesville, Chester County, Pennsylvania. Neal brandished a
pistol while demanding [the victim’s] property. [The victim]
fought back and in self-defense shot Neal, leaving Neal paralyzed
from the neck down. This November 2003 incident was the
subject of subsequent family meetings attended by both
[Appellant] and Hynson.
On October 18, 2004, at approximately 11:00 p.m.,
[Appellant] drove Hynson to [the victim’s] apartment at 416
Victoria Drive in a Kia automobile that had been taken from a
couple in Lancaster, Pennsylvania, to be used in the murder.
Hynson got out of the Kia and knocked on [the victim]’s front door.
As [the victim] opened the door, Hynson asked, “Are you Omar?”
and then shot [the victim] six times. Shell casings were ejected
from Hynson’s pistol and left at the murder scene. [The victim]
collapsed and died on top of his five-year-old son, who had been
on the living room floor near the front door. After the shooting,
[Appellant] gestured to Hynson, from inside the Kia, to “hurry up.”
This was observed by a witness looking out the window of her
____________________________________________
2 We affirmed the PCRA court’s denial of relief on Appellant’s remaining issues,
and our Supreme Court denied allowance of appeal. Direct appeal counsel’s
handling of the waiver colloquy is the sole remaining issue.
-2-
J-S55030-18
apartment. Hynson ran to the Kia, which was waiting for him with
the front passenger’s door open. After Hynson got into the Kia,
he closed the door, and [Appellant] sped away from the scene.
A police officer happened to be driving into the Regency Park
complex when a 911 dispatcher advised him of the shooting. The
officer spotted the Kia and gave chase. During the chase, the
murder weapon—a Hi-Point .380—was thrown from the car into
the brush next to a railroad track. Due to the wet roadway,
[Appellant] lost control and crashed the Kia into a ditch.
[Appellant] and Hynson fled in different directions, and neither
was apprehended by police at that time.
Other individuals in [Appellant’s] Buick Riviera (another
getaway vehicle) had been waiting, as planned, near the Regency
Park complex and observed the police chasing the Kia to the
location in Coatesville where [Appellant] had earlier switched from
driving his own car, the Buick, and begun driving the Kia. They
picked up Hynson, and Hynson told them that he had “just shot a
man,” that he and [Appellant] were being chased, and that
[Appellant] was still running from the police. Hynson and others
then drove around Coatesville looking for [Appellant] and trying
to find the gun that had been “tossed” during the getaway chase.
Neither [Appellant] nor the gun was located, so they visited
Ramek Neal to advise him of what happened and then returned to
Lancaster. [Appellant] also made his way back to Lancaster.
When he arrived, he was wet, he had a gash on his head, and his
clothing was ripped. [Appellant] told his friends that, while being
chased by the police, he had crashed the Kia and then had to run
on foot.
[Appellant’s] fingerprints were found on the interior driver’s
door window of the crashed Kia. DNA testing confirmed the
presence of Hynson’s blood on the interior passenger’s side of the
Kia. Gunshot residue was also found inside the Kia. The murder
weapon was found almost a year later by a woman walking her
dog near the railroad tracks along [Appellant’s] escape route.
That weapon was traced back to a straw purchase in North
Carolina made by Tolanda Williams, the mother of Hynson’s child.
Williams testified that during the week before the murder, she
went with [Appellant] and Hynson to several pawn and gun shops
in [Appellant’s] Buick, to be the straw purchaser of guns. The tag
number of [Appellant’s] Buick was written down by one of the
shop owners who became suspicious of one of the transactions.
-3-
J-S55030-18
During cross-examination, the gun shop owner identified
[Appellant] as the driver of the Buick. The Hi-Point .380 murder
weapon was also used by Hynson to shoot Edward Cameron in
Lancaster at approximately 4:30 p.m. on October 18, 2004—less
than seven hours before [the victim] was murdered in Coatesville.
Shell casings from the two shootings were all matched to the Hi-
Point .380 found along the escape route. Cell phone records
indicated that [Appellant’s] cell phone was active and used in the
Coatesville area during and after the time of the murder.
Isaac, 2016 WL 5210891, at *1–2. At the conclusion of a six-day trial, the
jury found Appellant guilty of first-degree murder and conspiracy. On July 8,
2009, the trial court sentenced Appellant to life in prison. This Court affirmed
the judgment of sentence on direct appeal, and our Supreme Court denied
allowance of appeal on August 12, 2012. Appellant filed this timely first PCRA
petition on November 12, 2013.3
Presently, Appellant argues the PCRA court erred because counsel had
no reasonable strategic basis for failing to raise the inadequate waiver colloquy
on direct appeal, and because Appellant would have received a new trial had
counsel challenged the defective waiver colloquy. Appellant’s Brief at 4.
In PCRA appeals, our scope of review is limited to the
findings of the PCRA court and the evidence on the record of the
PCRA court’s hearing, viewed in the light most favorable to the
prevailing party. Because most PCRA appeals involve questions
of fact and law, we employ a mixed standard of review. We defer
to the PCRA court’s factual findings and credibility determinations
supported by the record. In contrast, we review the PCRA court’s
legal conclusions de novo.
____________________________________________
3 Pursuant to 42 Pa.C.S.A. § 9545(b)(1) and SUP CT. R. 13, the timeliness
deadline was November 13, 2013.
-4-
J-S55030-18
Commonwealth v. Reyes-Rodriguez, 111 A.3d 775, 779 (Pa. Super. 2015)
(en banc). Counsel is presumed effective, and a PCRA petitioner asserting
otherwise bears the burden of proof. Id. at 779-80. Specifically, the
petitioner must prove by a preponderance of the evidence that (1) the
underlying claim is of arguable merit; (2) counsel had no reasonable strategic
basis in support of the action or inaction; and (3) the petitioner suffered
prejudice, i.e., the outcome of the proceeding in question would have been
different but for counsel’s error. Id. at 780. A petitioner’s failure to prove
any one of these three prongs is fatal to the claim. Id.
The right to counsel is guaranteed by the Sixth Amendment to the
United States Constitution and Article V, Section 9 of the Pennsylvania
Constitution. Commonwealth v. Clyburn, 42 A.3d 296, 298 (Pa. Super.
2012).4 When a defendant wishes to waive the right to counsel, the trial court
is “ultimately responsible for ensuring that the defendant is questioned about
the six areas [specified in Rule 121] and for determining whether the
defendant is indeed making an informed and independent decision to waive
counsel.” Commonwealth v. Davido, 868 A.2d 431, 437 (Pa. 2005)
(quoting Commonwealth v. McDonough, 812 A.2d 504, 508 (Pa. 2002)),
cert. denied, 546 U.S. 1020 (2005). Specifically, “it is incumbent on the
____________________________________________
4 This Court decided Clyburn two days before our affirmance of Appellant’s
judgment of sentence on direct appeal. Thus, it was not available to appellate
counsel when she filed her Pa.R.A.P. 1925(b). Nonetheless, Clyburn relied
on precedents.
-5-
J-S55030-18
court to fully advise the accused [of the nature and elements of the crime]
before accepting waiver of counsel.” Clyburn, 42 A.3d at 299 (quoting
Commonwealth ex rel. Clinger v. Russell, 213 A.2d 100, 102 (Pa. Super.
1965)) (brackets added in Clyburn). A “penetrating and comprehensive
colloquy” is mandatory, regardless of the defendant’s experience with the
system. Id. at 300 (quoting Commonwealth v. Owens, 750 A.2d 872, 876
(Pa. Super. 2000)). “Failure to conduct a thorough, on-the-record colloquy
before allowing a defendant to proceed to trial pro se constitutes reversible
error” on direct appeal. Id.
A defendant also has a constitutional right to self-representation.
Clyburn, 42 A.3d at 298; United States v. Isaac, 655 F.3d 148, 153 (3d
Cir. 2011), cert. denied, 566 U.S. 1029 (2012). This right prevents the
Commonwealth from bringing a defendant into court and forcing a lawyer on
him. Commonwealth v. Starr, 664 A.2d 1326, 1334-35 (1995). In other
words, the right to counsel is intended as “an aid to a wiling defendant—not
an organ of the State interposed between an unwilling defendant and his right
to defend himself personally.” Commonwealth v. Tejada, 188 A.3d 1288,
1295 (Pa. Super. 2018) (quoting Faretta v. California, 422 U.S. 806, 820
(1975)).
We now turn to the facts of this case. The remand record reveals that
Appellant was uncooperative during two separate waiver colloquies. At the
first one, on September 18, 2008, Appellant repeatedly refused to answer the
-6-
J-S55030-18
trial court’s colloquy questions because he believed the court lacked
jurisdiction over him. N.T. Hearing, 9/18/2008, at 15-22. Appellant’s
uncooperative behavior led the trial court to have him gagged. Id. at 27.
Eventually, the gag was removed and the trial court attempted a colloquy.
Appellant stated that he did not know the elements of criminal homicide, and
that he was unable to list the elements of the charged offenses. Id. at 43,
56. The trial court did not explain the elements to Appellant. Ultimately, the
court denied Appellant’s request to represent himself based on Appellant’s
insufficient understanding of the law. Id. at 59-62.
At the second hearing, on October 2, 2008, Appellant repeatedly
referred to an “affidavit of specific negative averment” that he apparently
attempted to file and serve on the trial court, among others. N.T. Hearing,
10/2/2008, at 6-8. Appellant apparently believed that the trial court’s
“default” in failing to respond to his affidavit rendered the criminal proceedings
against him invalid. Id. at 10. Despite Appellant’s failure to cooperate with
a waiver colloquy the trial court granted Appellant’s request to represent
himself. Id. at 29. The court noted that Appellant’s stated, at the September
18, 2008 hearing, that he did not understand the elements of the charged
offenses. Id. at 31. Even so, the court did not describe the elements of the
charged offenses to Appellant.
At the May 5, 2017 PCRA hearing ordered by the previous panel of this
Court, direct appellate counsel, Brenda Jones, testified that her appointment
-7-
J-S55030-18
began in 2007. N.T. Hearing, 5/2/17, at 10. Another appointed attorney was
first chair, and Jones was to serve as death penalty counsel. Id. Jones
remembered the waiver colloquies as contentious. Id. at 12. Jones testified
that Appellant was adamant about his decision to represent himself:
[THE COURT:] On the basis of your knowledge of
[Appellant] and at the time of the second hearing, on his waiver
of counsel, do you believe that if I as the trial judge had
specifically outlined each and every element of each and every
charge against him, that he would have under those
circumstances changed his mind about wanting to represent
himself?
[JONES]: Your Honor, no. I always thought that he wanted
to represent himself, Judge. I never thought—I would say, this is
my opinion, that it wouldn’t have made any difference.
THE COURT: Okay. When you were observing him during
the course of the, at least the second hearing on self-
representation, when combined with the first hearing on self-
representation, how adamant was he on a scale of one to ten, ten
being the highest and most adamant, about representing himself?
[JONES]: Your Honor, I would say he was a ten.
Id. at 20.
Procedurally, Jones was appointed to represent Appellant after he filed
a pro se notice of appeal and a pro se Pa.R.A.P. 1925(b) statement. Id. at
18. Jones filed a motion for an extension of time to file a supplemental
statement, pending completion of transcripts. Id. The trial court granted one
such motion, but did not grant a second extension while Jones was still
awaiting several transcripts, including the waiver colloquy transcripts. Id. at
18, 25, 28. In any event, Jones testified that she recalled from her presence
at the September 18 and October 2, 2007 hearings that Appellant was not
-8-
J-S55030-18
aware of the elements of the charged offenses. Id. at 30. On appeal, Jones
challenged Appellant’s competency to represent himself, rather than the
validity of the colloquy. Id. at 32-33. She believed his nonresponsive answers
to the trial court’s questions and his concern with matters irrelevant to his
defense called his competency into question. Id. at 33. This Court found the
competency issue waived for lack of an objection at trial. Commonwealth
v. Isaac, 46 A.3d 830 (Pa. Super. 2012) (unpublished memorandum, at 10);
appeal denied, 50 A.3d 125 (Pa. 2012). We also noted that Appellant did
not specifically challenge the validity of the waiver colloquy. Id. For this
reason, the previous collateral review panel of this Court concluded Appellant
has not previously litigated the issue before us. See Isaac, 2016 WL
5210891, unpublished memorandum at *3-4.
The PCRA court found that the record was unclear as to counsel’s
strategic basis for not challenging the waiver colloquy.5 The PCRA court found
Appellant’s failure to prove prejudice dispositive. PCRA Opinion, 12/21/2017,
at 3. Ultimately, we agree. Therefore, we will focus our analysis on this
element.
In Commonwealth v. Pou, ___ A.3d ____, 2018 WL 4925254 (Pa.
Super. October 11, 2018), this Court considered circumstances similar to the
____________________________________________
5 The PCRA court did not make any finding on counsel’s strategy, noting only
that “[t]he testimony offered by appellate counsel at the hearing of May 2,
2017 did not conclusively answer this question. PCRA Court Opinion,
12/21/17, at 3.
-9-
J-S55030-18
instant case—the appellant waived his right to counsel at trial after a defective
colloquy and appointed direct appeal counsel failed to raise the issue. In Pou,
the trial court failed to apprise the appellant of the applicable statutory
maximum sentences or inquire into his age, educational background, and
ability to comprehend the proceedings. Id. at *1-2. There, as here, a panel
of this Court found the issue to be of arguable merit and remanded for further
proceedings after the PCRA court denied relief without a hearing. Id. *2. On
remand, the PCRA court found that counsel had a reasonable strategic basis
for choosing not to raise the issue, but this Court rejected that argument on
appeal. Id. at *3. Instead, we concluded the petitioner failed to demonstrate
prejudice even though the petitioner would have received a new trial had
counsel challenged the Rule 121 colloquy on direct appeal. Id. at *4. “The
failure to raise that claim was doubtlessly prejudicial, but as we shall explain
it does not rise to the level of Pierce prejudice.” Id. The reference is to
Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987), wherein the
Pennsylvania Supreme Court articulated the three-prong ineffective
assistance of counsel analysis, in accord with the United States Supreme
Court’s opinion in Strickland v. Washington, 466 U.S. 668 (1984). As set
forth above, a PCRA petitioner must normally plead and prove that counsel’s
error was prejudicial within the meaning of Pierce. In limited circumstances,
pursuant to United States v. Cronic, 466 U.S. 648 (1984), prejudice can be
presumed on collateral review.
- 10 -
J-S55030-18
The Pou Court relied on Weaver v. Massachusetts, 137 S.Ct. 1899
(2017), in which the United States Supreme Court explained that an error that
would invalidate a conviction on direct appeal need not necessarily do so on
collateral review. In Weaver, the defendant argued that trial counsel was
ineffective for failing to object to the trial court’s order closing the courtroom
to the public. Id. at 1905-06. Had counsel raised the issue on direct appeal,
the defendant would have received a new trial. Id. On collateral review,
however, the Weaver Court held that the petitioner failed to demonstrate
prejudice:
As explained above, not every public-trial violation will in
fact lead to a fundamentally unfair trial. Nor can it be said that
the failure to object to a public-trial violation always deprives the
defendant of a reasonable probability of a different outcome.
Thus, when a defendant raises a public-trial violation via an
ineffective-assistance-of-counsel claim, Strickland prejudice is
not shown automatically. Instead, the burden is on the defendant
to show either a reasonable probability of a different outcome in
his or her case or, as the Court has assumed for these purposes,
[…] to show that the particular public-trial violation was so serious
as to render his or her trial fundamentally unfair.
Id. at 1911 (internal citations omitted).
Consistent with Weaver, the Pennsylvania Supreme Court has held on
several occasions that the absence of harmless error for purposes of direct
appeal does not equate to presumed prejudice on collateral review. In
Commonwealth v. Reaves, 923 A.2d 1119 (Pa. 2007), the trial court failed
to comply with Rule 708(C)(2) of the Rules of Criminal Procedure, which
requires the trial court to state on the record its reasons for the sentence it
- 11 -
J-S55030-18
imposes after a violation of probation (“VOP”). Id. at 1129; Pa.R.Crim.P.
708(C)(2). The Supreme Court noted that, “in a direct review context, Rule
708 operates in a fashion which is not unlike Cronic; prejudice (or rather the
absence of harmless error) will be presumed from the failure to comply.” Id.
at 1129-30.
Once a Rule 708 procedural complaint has been waived,
however, and a derivative claim is raised under the guise of
ineffective assistance of counsel, there is no reason to presume
Sixth Amendment, Strickland prejudice from the VOP court’s
unobjected-to failure to comply with Rule 708. Derivative claims
of ineffective assistance of counsel are analytically distinct from
the defaulted direct review claims that were (or could have been)
raised on direct appeal. Commonwealth v. Collins, 585 Pa. 45,
888 A.2d 564, 572–73 (2005). As noted, Strickland requires a
showing of actual prejudice, not the presumed prejudice arising
from Cronic, nor the harmless error standard that governs
ordinary claims of trial court error on direct review, nor the
presumption of harm arising on direct review of Rule 708 claims.
This Court has long recognized the distinction between Strickland
prejudice and the harmless error standard applicable in the direct
review context, and this distinction can be outcome-
determinative.
Id. at 1130.
Likewise, in Commonwealth v. Mallory, 941 A.2d 686 (Pa. 2008),
cert. denied, 555 U.S. 884 (2008), our Supreme Court refused to presume
prejudice where the trial court failed to conduct an oral colloquy before
permitting the defendants to waive their right to a jury trial pursuant to
Pa.R.Crim.P. 620. The Mallory Court also explained the distinction between
a waiver colloquy and the underlying right. “A waiver colloquy is a procedural
- 12 -
J-S55030-18
device; it is not a constitutional end or a constitutional ‘right.’” Id. at 697.
Further,
“[A]n on-the-record colloquy is a useful procedural tool
whenever the waiver of any significant right is at issue,
constitutional or otherwise, e.g. waiver of a trial, waiver of the
right to counsel, waiver of the right to call witnesses, waiver of
the right to cross-examine witnesses, waiver of rules-based
speedy trial time limits, etc. But the colloquy does not share
the same status as the right itself.
Id. (emphasis added).
The Supreme Court reasoned that a constitutional, structural error
creating presumed prejudice under Cronic would have occurred if, for
example, a timely jury trial demand was wrongly denied. Id. at 697.
Counsel’s effectiveness during a waiver colloquy, on the other hand, is “far
removed” from a structural constitutional error. Id. On collateral review,
therefore, when the issue is counsel’s effectiveness, a “presumptively-valid
waiver […] must be analyzed like any other ineffectiveness claim.” Id. at 698.
That is, the prejudice analysis must encompass the “totality of relevant
circumstances.” Id. In the context of a jury trial waiver, those circumstances
could include “the defendant’s knowledge of and experience with jury trials,
his explicit written waiver (if any), and the content of relevant off-the-record
instructions counsel had with his client.” Id. The defendant must show that
his understanding of the jury waiver was impaired by counsel’s performance,
and that he would have elected a jury but for counsel’s performance. Id. at
702.
- 13 -
J-S55030-18
Later, in Commonwealth v. Spotz, 18 A.3d 244 (Pa. 2011), the PCRA
petitioner challenged counsel’s failure to object to a defective waiver of
counsel colloquy. The Supreme Court held that, “[t]o establish prejudice, the
petitioner must demonstrate a reasonable probability that but for counsel’s
ineffectiveness, he would not have waived the right at issue.” Id. at 263-64.
We now turn back to Pou, which, like the instant matter, concerned
appellate counsel’s failure to raise a defective waiver colloquy on direct appeal.
We acknowledged there was “no doubt” the petitioner would have received a
new trial had counsel raised the issue on direct appeal. Id. at *6. Consistent
with Weaver and our State Supreme Court precedents, however, we
concluded the technical deficiency under Rule 121 was not sufficient, in and
of itself, to establish prejudice on collateral review. Id. at 7-8. That is, the
trial court’s failure to comply with the technicalities of a rule does not amount
to a structural error warranting presumed prejudice. Id. The United States
Constitution requires that a defendant “be made aware of the dangers and
disadvantages of self-representation, so that the record will establish that ‘he
knows what he is doing and his choice is made with eyes open.’” Id. at *9
(quoting Faretta, 422 U.S. at 835). Therefore, “Rule 121 goes farther than
what the United States Constitution requires” and “a technically-deficient
- 14 -
J-S55030-18
waiver of counsel colloquy is not the same as a constitutionally deficient
waiver of counsel.” Id.6
Instantly, Appellant relies on case law governing direct review. Without
expressly acknowledging it, he presents this case as one involving structural
error and presumed prejudice pursuant to Cronic. Specifically, Appellant’s
reliance on Clyburn is misplaced. There, the trial court failed to inform the
defendant of the charges against him and the elements of each of those
charges. Clyburn, 42 A.3d at 301. This Court therefore found itself
“constrained” to hold that the defendant’s waiver of counsel was invalid, and
that “the failure to explain the elements of the charged crimes requires us to
vacate the judgment of sentence.” Id. (citing Commonwealth v. Houtz,
856 A.2d 119, 130 (Pa. Super. 2004)). As Clyburn was decided on direct
appeal, it is inapposite.
As was the case in Pou, Appellant fails to distinguish between a
technically deficient waiver colloquy and a constitutionally deficient waiver
____________________________________________
6 We observe that, in Commonwealth v. Meehan, 628 A.2d 1151 (Pa.
Super. 1993), appeal denied, 649 A.2d 670 (Pa. 1994), this Court held that,
on collateral review, the PCRA court need not conduct a full colloquy before
permitting the petitioner to waive counsel, as several of the mandatory
inquiries are inapplicable on collateral review (Meehan was decided under
Rule 318, the predecessor to current Rule 121). The Meehan Court noted
the petitioner’s failure to assert “that he would not have waived his right to
counsel if more specific inquiry had been made into the relevant areas.” Id.
at 1159. Meehan is not directly applicable here because it governs a
petitioner’s statutory right to counsel on collateral review.
- 15 -
J-S55030-18
colloquy, and he does not argue that the instant case presents an example of
the latter.
The deprivation of the colloquy, as we have already explained, does not
share the same status as the deprivation of the right itself. Mallory, 941 A.2d
at 697. Under Mallory, a structural error would have occurred here if, for
example, Appellant demanded and was refused counsel. In fact, Appellant
had two appointed lawyers representing him when he insisted on his right to
self-representation and failed to cooperate with the trial court’s Rule 121
colloquy.7
____________________________________________
7 Regarding Appellant’s behavior at the colloquies, the PCRA court cited
Commonwealth v. Bastone, 467 A.2d 1339 (Pa. Super. 1983), in which the
defendant was unrepresented by counsel at his preliminary hearing. This
Court considered former Rule 318(b), which required a knowing, intelligent,
and voluntary waiver before a defendant proceed without counsel at a
preliminary hearing. The trial court attempted to conduct a waiver colloquy,
but the defendant refused to answer questions, refused to sign a written
colloquy, and eventually turned his back to the judge. This Court wrote:
We believe that appellant’s contemptuous behavior
constituted a knowing, voluntary and intelligent waiver of counsel.
To require a written waiver in a case such as this could create a
‘Catch-22’ situation in that a ‘court-wise’ criminal defendant could
continually appear in court without counsel on the date scheduled
for his trial but refuse to execute a written waiver of his right to
counsel making it impossible to proceed with his trial. Obviously,
such a situation would render the judicial system a mockery.
Id. at 1341. Further, this Court found that any error was harmless because
the defendant failed to explain how he was prejudiced by the absence of
counsel at a preliminary hearing. Id.
- 16 -
J-S55030-18
In light of the foregoing, we conclude Appellant is not entitled to relief.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/26/19
____________________________________________
The “Catch-22” problem does not arise here because Appellant had
appointed counsel. Further, given Appellant’s failure to attempt to prove
prejudice in accord with the cases discussed in the main text, we need not
decide whether Bastone, decided under Rule 318, applies with equal force to
Rule 121. Likewise, we need not consider the Commonwealth’s assertion that
Appellant’s behavior resulted in forfeiture of his right to counsel.
- 17 -
|
So, now that the Xoom has flopped, can we finally agree that "tablet" means "iPad"?
Yeah, I don't see how the Android tablet makers are going to make money, Apple won't worry too much as people who want iPads are probably still going to buy iPads.
Amazon's only liability is that their business model limits the Fire's availability & distribution.... at least until they can make their way through the tangled labyrinth of international media rights.
If - or rather when - they do address that, I think they're going to commandeer the Android tablet market much in the way Samsung commandeered the Android smartphone market, if not more so. Between the Fire and W8/RT, Google-sanctioned Android on tablets may well find itself in a tough place.
I do think the new line of Fires put a lot more pricing pressure on Apple than last year. The Fires are more media-centric, but Whispersync for games + parental controls + a new bundled e-mail client make them a bit more competitive with iPads.
It's not the problems of printing that keeps the price high - but the publishers definitely introduce an artificial economy of scale. You really are better off with big orders, but it's almost completely artificial as a means to keep smaller publishers out. Breaking the big 3 is the key to opening up the textbook market.
Which is exactly what handing students a tablet does. Now what do the publishers do? Where' their "hook"? They don't own the copyright to these things for the most part; the authors do.
The authors, in the majority of cases, would have nothing much preventing them from producing an eBook edition at whatever price benefitted them.
Looks like a classic "cut out the middleman" to me. And, not a few professors have always been chafing at the problems involved with getting their courses published, especially at the graduate school level. Not all of them are in it for the textbook money, to say the least.
State governments at the secondary school level are going to see the advantage here, big time, as well.
A lot of smaller states are chafing at the fact that places like Texas and California tend to limit what gets published.
But, with no real economy of scale problem anymore, it wouldn't be all that hard to do an end-run around these problems.
It wouldn't be totally easy or pretty at that level (the school would have to be willing to deal with the check-in and check-out of tablets and dealing with kids throwing them against walls -- though they have to do that with books as well).
The economics of this could get very interesting. Won't happen overnight, but the leverage alone might change the way textbooks work.
I foresee another little cosy empire to disrupt.
The problem is cost. WHo will be buying the tablets? Do they have to buy the textbooks each year for each student? A decent textbook can last for 10 years (or longer) for many subjects. That is a nice amortization. It could end up that if the school has to provide the tablet and the license each year for the book that it might end up costing more in the long run for ebooks.
Eldest wanted a Fire last year. He got a laptop instead. Now this year he's going to get a 16GB Fire HD 8.9 for Christmas. 1920*1200, HDMI out, HD Skype calls to grandma, kid friendly filtering so he can watch Prime streaming without the R rated stuff, no need to settle for the shitty Tegra 3 in the Nexus 7, $300.
Yeah, I don't see how the Android tablet makers are going to make money, Apple won't worry too much as people who want iPads are probably still going to buy iPads.
Amazon's only liability is that their business model limits the Fire's availability & distribution.... at least until they can make their way through the tangled labyrinth of international media rights.
If - or rather when - they do address that, I think they're going to commandeer the Android tablet market much in the way Samsung commandeered the Android smartphone market, if not more so. Between the Fire and W8/RT, Google-sanctioned Android on tablets may well find itself in a tough place.
I do think the new line of Fires put a lot more pricing pressure on Apple than last year. The Fires are more media-centric, but Whispersync for games + parental controls + a new bundled e-mail client make them a bit more competitive with iPads.
Except Samsung could lose it overnight really. nothing really holding them there. Amazon has price as their big thing, and Amazon content.
As for the professors, well, you're right, some do enjoy socking it to their students.
That's really a myth. Authors get relatively little per book. The main reason why instructors push their own textbooks is because they think it's the best out there and because publishing helps with career advancement. On a $100 textbook, the author will earn about $15. With a class of 100 students, that's probably 5% or so of what they'd earn teaching the course considering buybacks and so on. You can make real money as a textbook author, but you make your money when you become the standard text and are selling to all institutions. To one class won't make much difference and certainly doesn't cover the 2-4 years of time you invested writing the book.
The bigger problem is instructors that self-publish through the institution. That's quite common at for-profit institutions and many smaller schools. They'll create the course materials and then demand the students pay $100 for the photocopies after the course begins. They didn't earn enough on the course fees, so they made it all up on the material kickback. It was a big enough problem that Congress passed a law requiring education institutions that receive federal student aid to publish all course costs before student enroll. It remains a problem nevertheless.
Except Samsung could lose it overnight really. nothing really holding them there. Amazon has price as their big thing, and Amazon content.
Agreed. Amazon's lock-in goes much deeper. (Of course, Amazon isn't pulling in the billions that Samsung is. But I think I like their odds in the very long run better.)
Eh.
Apple doesn't make real money on content. Amazon can't either. Amazon is building a storefront for your lap. They want you to buy underwear with this thing, and their profit margin is on the Amazon Prime subscription you need to keep in order to make the device useful. This is the carrier model - they subsidize the hardware and you pay them $80/yr to use it. Once you're paying the $80, you might as well take advantage of the 2 day shipping and whatnot.
It's an odd model, but one that Amazon can pull off to some degree. But it's going to have limited success because it only works in the US and to a limited degree in Canada and the UK. In every other market Amazon has nothing. Even if Amazon can beat Apple and Google in the US, development of the competing products will advance unhindered because overseas sales dominate. Eventually Amazon is going to fall behind. And eventually Amazon has to make money here - they can't keep dividing up their profit margins as they are. And they're starting to lose their sales tax benefits - starting in a week they need to collect CA sales tax. That will immediately make my local stores the same price or cheaper than Amazon for most things.
But it's going to have limited success because it only works in the US and to a limited degree in Canada and the UK. In every other market Amazon has nothing.
What makes you think you can't expand, slowly, internationally? The new Fire is being rolled out in the U.K. offering a very similar ecosystem.
Quote:
Even if Amazon can beat Apple and Google in the US, development of the competing products will advance unhindered because overseas sales dominate. Eventually Amazon is going to fall behind. And eventually Amazon has to make money here - they can't keep dividing up their profit margins as they are. And they're starting to lose their sales tax benefits - starting in a week they need to collect CA sales tax. That will immediately make my local stores the same price or cheaper than Amazon for most things.
I strongly doubt Amazon is going to beat Apple. But they have a very good chance of being the biggest Android tablet vendor, by a long shot.
Personally I prefer the smaller device, the ipad is bulky and heavy, why follow that trend? 5 inches is too big for a phone.
Fixed that for ya there.
Comparing a 5" phone to the ipad?
Remember, for the medication to work, you need to take it every day.
Please explain the difference between your objections to the iPad being too large and the objections of the people who said that 5 inches was too large for a phone. It should be enlightening.
Why would I be concerned about those who think 5" is too large for a phone? My next phone will probably be a Note 2. If some people are happy settling for a 3.5" screen that you have to squint at, then good news for Apple?
What makes you think you can't expand, slowly, internationally? The new Fire is being rolled out in the U.K. offering a very similar ecosystem.
Their model requires getting a LOT of pieces in place. It's really damn hard. There's a reason why only Apple has been able to pull it off so far. And if they they want the meatspace sales included, they have to work out shipping on top of everything else. So far, they've only expanded into markets where they were also expanding their meatspace business. That's why I think focusing exclusively on digital when assessing Amazon is a mistake. Clearly their traditional sales model remains their core model. The Fire isn't really an iPad killer - it's a retail bankruptcy machine. It's designed to some day let you snap a photo of something you see in the park, pull it up on Amazon, read the review, click the Buy Now button, and have it the next day. No need to visit the mall. Oh, and it streams movies and stuff too.
Quote:
I strongly doubt Amazon is going to beat Apple. But they have a very good chance of being the biggest Android tablet vendor, by a long shot.
Amazon can't win the digital war. Apple can go loss leader there if need be, and Amazon doesn't control the consumer endpoint well enough. They're more integrated than they used to be, but not nearly well enough integrated to pay off. And if they're not careful, they'll piss off their dependent partners like Google did. I'm sure Amazon makes more money through their iOS originated sales than they do through sales on their own device. They can't afford to break that.
Bottom line, you need to make real money someplace. You can use that to subsidize other parts of your business, but you can't use low-margin divisions to subsidize no-margin divisions. That's basically what Amazon is doing. It's why they have a PE of 300. They're growing revenues but not profits, so I have no clue why investors keep rewarding them. There's no possibly way Amazon will ever grow profits to match that PE based on anything they're showing us now.
That's why I think focusing exclusively on digital when assessing Amazon is a mistake. Clearly their traditional sales model remains their core model. The Fire isn't really an iPad killer - it's a retail bankruptcy machine. It's designed to some day let you snap a photo of something you see in the park, pull it up on Amazon, read the review, click the Buy Now button, and have it the next day. No need to visit the mall. Oh, and it streams movies and stuff too.
Hmm, not sure I agree. Amazon's model is wildly different than Apple's, and no way as profitable, but if they can capture a sizable portion of media that people purchase (and keep, in media libraries) with their DRM, I think there's a real opportunity for establishing critical mindshare and lock-in, ensuring revenue and profit (low-margin, but high volume, and all locked-in). Amazon *has* to succeed in digital, because so much of the media they sell will be displaced by digital formats.
Quote:
I doubt it too, but it's hard to compete with loss leaders.
Yeah, but Apple has supply-chain mastery and economies of scale that Amazon can't (so far) match, which makes the fight more equal. And Amazon can't compete with Apple in the software dept. The new Fires look like great media-centic tablets, but the iPad is so much more versatile. I can't imagine Fires establishing much of a foothold in education or enterprise.
Quote:
Bottom line, you need to make real money someplace. You can use that to subsidize other parts of your business, but you can't use low-margin divisions to subsidize no-margin divisions. That's basically what Amazon is doing. It's why they have a PE of 300. They're growing revenues but not profits, so I have no clue why investors keep rewarding them. There's no possibly way Amazon will ever grow profits to match that PE based on anything they're showing us now.
Amazon's PE is just insane. I wouldn't go near their stock for that reason. It is very strange.
That said, I *think* Bezos' long-term vision is genius (or crazy? ). Capturing a significant chunk of the tablet and digital media market *now* has potential to pay great dividends in the future. The Fires, while at the moment may be no-margin (or perilously close), could become low- or even medium-margin products once Amazon hones their supply chain and can establish themselves as a standard. 'dunno, I could be wrong, but I think Amazon has something good going on, strategically.
The discussion lookmark and johnsonwax are having is what I find so puzzling about the Kindle strategy: the hardware is a loss leader at worst, break even at best. They can't be making a significant amount off digital content either as the lion's share of the money paid goes to content owners. So what is the goal of these devices?
I don't begrudge Amazon's process, especially since it benefits the consumer with good value and low cost products. But from a business point of view I find them intensely fascinating.
What makes you think you can't expand, slowly, internationally? The new Fire is being rolled out in the U.K. offering a very similar ecosystem.
Their model requires getting a LOT of pieces in place. It's really damn hard. There's a reason why only Apple has been able to pull it off so far. And if they they want the meatspace sales included, they have to work out shipping on top of everything else. So far, they've only expanded into markets where they were also expanding their meatspace business. That's why I think focusing exclusively on digital when assessing Amazon is a mistake. Clearly their traditional sales model remains their core model. The Fire isn't really an iPad killer - it's a retail bankruptcy machine. It's designed to some day let you snap a photo of something you see in the park, pull it up on Amazon, read the review, click the Buy Now button, and have it the next day. No need to visit the mall. Oh, and it streams movies and stuff too.
Quote:
I strongly doubt Amazon is going to beat Apple. But they have a very good chance of being the biggest Android tablet vendor, by a long shot.
Amazon can't win the digital war. Apple can go loss leader there if need be, and Amazon doesn't control the consumer endpoint well enough. They're more integrated than they used to be, but not nearly well enough integrated to pay off. And if they're not careful, they'll piss off their dependent partners like Google did. I'm sure Amazon makes more money through their iOS originated sales than they do through sales on their own device. They can't afford to break that.
Bottom line, you need to make real money someplace. You can use that to subsidize other parts of your business, but you can't use low-margin divisions to subsidize no-margin divisions. That's basically what Amazon is doing. It's why they have a PE of 300. They're growing revenues but not profits, so I have no clue why investors keep rewarding them. There's no possibly way Amazon will ever grow profits to match that PE based on anything they're showing us now.
New Fires (with the exception of the 8.9" model) are apparently available in the U.K, France, Germany, Spain and Italy:
The discussion lookmark and johnsonwax are having is what I find so puzzling about the KindleAmazon strategy: the hardware is a loss leader at worst, break even at best. They can't be making a significant amount off digital content either as the lion's share of the money paid goes to content owners. So what is the goal of these devices?
I don't begrudge Amazon's process, especially since it benefits the consumer with good value and low cost products. But from a business point of view I find them intensely fascinating.
I think Bezos wants cool stuff; unlike Jobs, however, he doesn't actually care about the profit.
How he managed to sneak that buy stockholders I have no clue. It's a Ponzi scheme at that point where new customers generate the profit to pay for the investment to attract them, thereby creating new network effects to attract more future customers et al.
So long as the Internet grows, mail order distribution grows, and digital content grows, they are fine.
As soon as the market is mature and there are two retail giants, then the game is played by profit since it will be at that point a zero-sum game.
That's interesting - and a new development from Amazon. I wonder what services will be available in those countries?
App stores. Amazon own Lovefilm in the UK. Kindle books. MP3s. So some of the content.
Got to say as pleased as I am to see any Fire in the UK, I am itching to get a tablet, but I don't want one of the 7" models now. The 8.9" model is almost perfect. If anyone from Google is reading, please copy it and make it a Nexus.
I don't really think so. Not from what I see now. I can get the Amazon app for free on my Nexus tablet. And, I wonder if 50 dollars (the difference between the new Fire and the Nexus) is going to be that compelling if the only thing Amazon is really selling is a storefront. It needs to be more.
What does Amazon bring to the table as far as apps go? As far as services go? Will there be things like Google Earth? Will it get everything or even most things? How good will they be?
If I want Amazon right now, on my Nexus tablet, I simply install the app and I have the store front. And, I have everything else out there without fuss.
The only way Amazon really wins this game is that it gets a large stable of apps and services. In short, it has to move beyond the store front. Well past the store front. Will it really do so?
I wonder if this is some of the reason behind the fact that the original Fire, by all accounts, ran out of gas. Maybe it is a seasonal thing, like other books you buy at Christmas.
Or, maybe at around 200 bucks, a lot of people end up with both. My wife likes her Nook, but I ended up with a conventional Google tablet. At 200 bucks, I couldn't resist. But, the Fire, I could. Probably because it looked like just a bookstore to me. My wife already has that.
Heck I have access to her bookstore on my tablet, since she's willing to share her B&N account on it.
It's just not clear that I'm missing anything by not having the Nook or the Fire. I am reasonably assured at getting the whole tablet experience, whatever the heck that turns out to be.
Maybe I won't turn out to be typical, but this doesn't strike me as a very geeky line of thought. The question will probably boil down to how serious Amazon gets about being more than a storefront.
The discussion lookmark and johnsonwax are having is what I find so puzzling about the Kindle strategy: the hardware is a loss leader at worst, break even at best. They can't be making a significant amount off digital content either as the lion's share of the money paid goes to content owners. So what is the goal of these devices?
I don't begrudge Amazon's process, especially since it benefits the consumer with good value and low cost products. But from a business point of view I find them intensely fascinating.
Because not everyone cares about gouging their customers. For some a few percentage points of margin are enough.
Aha: here is one catch. With the new Fires, no way to opt of Amazon's Special Offers on the lock screen. Kinda cheesy.
That's rather unfortunate. I don't live in the US, so the Fires are of limited interest to me aside from on a technical level. I do, however, have a huge mancrush on the e-ink Kindles and dislike ads enough to spring for the models without ads. I can only hope that removing the option to purchase an ad-free device doesn't spread to the e-ink models.
Aha: here is one catch. With the new Fires, no way to opt of Amazon's Special Offers on the lock screen. Kinda cheesy.
That's rather unfortunate. I don't live in the US, so the Fires are of limited interest to me aside from on a technical level. I do, however, have a huge mancrush on the e-ink Kindles and dislike ads enough to spring for the models without ads. I can only hope that removing the option to purchase an ad-free device doesn't spread to the e-ink models.
Their inclusion in the Kindle tablet devices suggests them using the revenue stream to make money over the long term. Clever idea really. They really are approaching these devices with more of a long term revenue model, womewhat similar to game consoles.
Aha: here is one catch. With the new Fires, no way to opt of Amazon's Special Offers on the lock screen. Kinda cheesy.
That's rather unfortunate. I don't live in the US, so the Fires are of limited interest to me aside from on a technical level. I do, however, have a huge mancrush on the e-ink Kindles and dislike ads enough to spring for the models without ads. I can only hope that removing the option to purchase an ad-free device doesn't spread to the e-ink models.
Their inclusion in the Kindle tablet devices suggests them using the revenue stream to make money over the long term. Clever idea really. They really are approaching these devices with more of a long term revenue model, womewhat similar to game consoles.
So ads ship enabled by default until you pay a fee to have them removed, that's interesting. Odd that they didn't just do it like the e-ink Kindles and make a SKU with no ads. Guess they're hoping many people won't opt out.
The question is, will consumers sell their soul to ad campaigns for 20 to 50 bucks a device?
I kind of hope this fails, because if it doesn't, then we're going to see ads on everything -- quite probably including iOS. Sooner or later, the lure of money will win. If you think Apple won't do that, well, there's this: http://arstechnica.com/staff/2012/08/op ... t-machine/
I kind of hope this fails, because if it doesn't, then we're going to see ads on everything -- quite probably including iOS. Sooner or later, the lure of money will win. If you think Apple won't do that, well, there's this: http://arstechnica.com/staff/2012/08/op ... t-machine/
Well, so far that's one new guy at Apple, so let's not blow it up into a trend until we get at least a 2nd data point even within the retail arm. I agree it's troubling, but it's waaaay too early to panic.
That said, Apple's not going to put ads on iOS. They'll do ads as a way to monetize content - tv shows, music, etc. but not the devices themselves. Everything in Apple's last 15 years indicates they would profoundly oppose that. They didn't even ad ads to the iTMS back when they desperately needed the money. Yeah, I know Steve is gone, but Cook is as much at the heart of Apple's reinvention as Steve was. |
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Gastronomy conjures up images of the world’s best restaurants and master chefs; it brings to mind the flavours of delicious world cuisine and the exquisite tastes of the foods used to create them. In a world where exotic foods from around the globe can be transported to your table in a matter of hours, a holiday themed around world gastronomy is delightful concept to explore. Dine in the world’s most coveted Michelin-starred restaurants and sample the gastronomic delights of world-famous chefs and their young prodigies. Taste some of the world’s most exotic dishes and sample rare delicacies in their place of origin.Whether you want to enjoy a food and wine holiday in Italy or Spain, or to visit Sri Lanka to learn about gastronomy or the tea industry, Expressions Holidays can tailor make a gastronomy holiday to suit your culinary preferences and is guaranteed to be a wonderful experience to savour to the full.Expressions Holidays has been creating bespoke holidays and travel experiences for more than twenty years, so you can trust in us to take great care of your next holiday.
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694 So.2d 674 (1997)
THE MISSISSIPPI BAR
v.
Jimmy D. McGUIRE.
No. 94-BD-00520-SCT.
Supreme Court of Mississippi.
May 15, 1997.
ORDER
This matter is before the Court upon the Motion for Indefinite Suspension Pending Appeal filed by the Mississippi Bar. The complaint involves McGuire's conviction of the crime of filing a false currency reporting form in violation of 26 U.S.C.A. §§ 6050I(f)(1)(B), 7206(1). This Court entered its order on December 15, 1994, granting the Bar's request for indefinite suspension pending appeal.
On January 21, 1997, the Bar provided certification that the Fifth Circuit Court of Appeals affirmed the judgment of the District Court, which affirmed McGuire's conviction, and issued the mandate on October 31, 1996. This Court finds that McGuire has been adjudicated guilty of the offense of filing false currency reporting forms, a felony, and that pursuant to Rule 6, Rules of Discipline, he should be disbarred.
IT IS THEREFORE ORDERED as follows:
1. Jimmy D. McGuire be, and hereby is, DISBARRED from the practice of law.
2. This order shall constitute notice of disbarment in this cause.
3. The Clerk of the Supreme Court of Mississippi shall immediately forward an attested copy of this Order to the Circuit Court Judges and Chancellors in and for Harrison County, Mississippi, and the Senior Judges of each court shall enter this order upon the minutes of their respective courts.
4. The Clerk of the Supreme Court of Mississippi shall immediately forward an attested copy of this Order to the Clerks of the United States District Courts in and for Mississippi, to the Clerk of the United States Fifth Circuit Court of Appeals, and to the Clerk of the Supreme Court.
5. Costs of the formal complaint should be, and hereby are, assessed against Jimmy D. McGuire.
|
Willie Nelson Tickets Sell Out
Posted: Sat 9:04 PM, Feb 07, 2004 | 
Updated: Sat 9:17 PM, Feb 07, 2004
02-07-04-- Willie Nelson fans in Texoma made history in Ardmore Saturday! Many waited in line all night for the " Highway-man's" March concert and tickets sold out in just two hours, making it the first sell-out concert in Ardmore history. Fans started lining up last night and at one point, the long was so long, it actually wrapped around the building.1,900 tickets sold in the first hour alone as many people bought the limit of ten tickets at a time. Many of the fans made a $5 donation, which makes them eligible to win an autographed guitar signed by Willie.For those lucky enough to get tickets, the concert is scheduled for March 24th. Doors open at 6:30pm.
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Order Michigan Supreme Court
Lansing, Michigan
September 30, 2013 Robert P. Young, Jr.,
Chief Justice
146898 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
SHERELL STANLEY, Personal David F. Viviano,
Representative of the ESTATE OF Justices
SHERIDA STANLEY,
Plaintiff-Appellee,
v SC: 146898
COA: 301237
Kalamazoo CC: 2005-000601-NH
KRISHNA MOHAN JAIN, M.D.,
Defendant-Appellant,
and
BORGESS MEDICAL CENTER, E.
ANDERSON, C.R. BEGEMAN, T.
BENSCHEL, M. GALLAGHER, A.
KENDALL, SUZANNE SACKETT-MUMA,
D. E. PEAKE, J. SHINABARGER, Z.
SMITH, CHRIS THOMAS, and L.
VROEGINDENWEY,
Defendants.
_____________________________________/
On order of the Court, the application for leave to appeal the February 19, 2013
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 30, 2013
h0923
Clerk
|
I specialise in creating unique 28 mm scale miniature armies, for Warhammer 40,000, Dust, Urban War and other science fiction games
Friday, 11 October 2013
Angry Angron: Converted Daemon Prince
Today's post is to showcase a commission that I have literally just finished: Angry Angron!
This has been quite a lot of work, and lots of techniques went into the finished model, so I've uploaded several pictures of the finished piece.
The model came to be already assembled, from a client in America, and was converted from (I think) a WFB giant, with Tyranid Hive Tyrant wings, and parts from a Chaos kit as well. The face and head were from a metal gorilla of some description - the overall model is quite heavy, but well-balanced on the base. I must say that I was impressed by the conversion work that went into this model!
This shot demonstrates the work on the wings. I wanted a "bat-like" wing membrane, so used several passes of light dry brushing alongside some thinned washes. The final pass was with just a touch of varnish, enough to give the membranes a leathery finish. I added mottling and small dots to some areas of the wings to add interest.
The shoulder pads were from an unknown soft plastic kit (perhaps an action figure!?!), and their positioning did conflict with the wings a little. I used Citadel metallics and washes, then highlighted up so that the gold/brass work really screams.
More mottling was done on the back, around the spines and hair.
This model also had a lot of skulls! This photo shows the skulls around the belt and groin.
The sword was my client's idea. I envisage that maybe it was once a noble, perhaps Imperial, weapon, but has been corrupted and degraded over time. I therefore went with a high silver finish, but ran blue and green washes into the blade. This gave a nice verdigris or patina effect. I finished it with Runefang chipping.
Another good view of the wings and back - the model was so big that it barely fit into my photo booth.
More skulls on the spines; Angron seems to have been busy...
A shot of the face - I went with simple "human" eyes, demonstrating the tragedy of this fallen primarch. Beneath all of the savagery and bloodshed, two human eyes peer from the body of a monster...
This photo shows the hands - they are mechanical, and I used weathering powders and washes to demonstrate their age. Rust pigment was brushed into the joints, then sealed with pigment fixer. (Excuse the balance on this shot: the brass looks very orange, whereas in real life it is much more like aged gold.)
So, that's Angron finished - hopefully my client will be pleased with him - and I move on to the next project: another squad of Blood Angels Centurions. I've actually been doing these alongside Angron, so they should be finished in the next few days... |
By Palestine Chronicle Staff
The politically-symbolic act of two young American athletes has been dubbed ‘antisemitic’ by Israel’s supporters on social media and among the various organizations that promote Israel’s interests in the United States.
The controversy started when two volleyball players from Brooklyn College decided to kneel down during Israel’s national anthem, ahead of a match against Yeshiva University.
The symbolic act by two athletes, Hunnan Butt and Omar Rezika, was meant as a political protest against the Israeli occupation and apartheid policies in Palestine.
During today's Yeshiva U. vs. Brooklyn College basketball game, two players (Omar Rezika #13 and Hunnan Butt #15) decided to kneel during Hatikvah. Post game, the same players refuse to shake the hands with the Yeshiva (i.e. Jewish) players.#Antisemitism at its finest! pic.twitter.com/9SoIoQNOJe — StopAntisemitism.org (@StopAntisemites) February 24, 2020
The kneeling gesture is a common act of political protest in sports, made particularly popular by NFL quarterback Colin Kaepernick. The African-American athlete, along with many others, has repeatedly kneeled down during the American national anthem to protest racism, police brutality, and the mistreatment of African-Americans and other minorities in the US.
Butt and Rezika attempted to use that form of protest as a way of raising awareness of Israel’s racist, apartheid policies in Palestine.
JUST IN: Brooklyn College Athletes Draw Ire For Kneeling During Israel’s National Anthem — Jewish athletes dissed during volleyball match https://t.co/D6ZdRy82MC — Adam Kredo (@Kredo0) February 25, 2020
Pro-Israel individuals and institutions, however, immediately dubbed the symbolic act as one of “antisemitism” and “hatred”.
“Brooklyn College strongly condemns all forms of anti-Semitism and hatred,” a Brooklyn College spokesman told the YU student newspaper, the Observer, adding that “the two students who knelt during the national anthem did not refuse to shake hands with players from the other team.”
Writing in the Palestine Chronicle, Palestinian author and journalist Ramzy Baroud said that “while anti-Jewish racism is a real phenomenon that must be confronted, ‘antisemitism’, as defined by Israel and its Zionist allies .. is a smokescreen, with the ultimate aim of distracting from the real conversation, that being the crimes of military occupation, racism, and apartheid in Palestine.”
(The Palestine Chronicle) |
import { Component, Inject, Input } from '@angular/core';
import { MediaObserver } from '@angular/flex-layout';
import { Observable } from 'rxjs';
import { map, startWith } from 'rxjs/operators';
import { API_BASE_URL } from '../../app.tokens';
import { Product } from '../../shared/services';
@Component({
selector: 'nga-product-suggestion',
styleUrls: [ './product-suggestion.component.scss' ],
templateUrl: './product-suggestion.component.html'
})
export class ProductSuggestionComponent {
@Input() products: Product[];
readonly columns$: Observable<number>;
readonly breakpointsToColumnsNumber = new Map([
[ 'xs', 2 ],
[ 'sm', 3 ],
[ 'md', 5 ],
[ 'lg', 2 ],
[ 'xl', 3 ],
]);
constructor(
@Inject(API_BASE_URL) private readonly baseUrl: string,
private readonly media: MediaObserver
) {
// If the initial screen size is xs ObservableMedia doesn't emit an event
// In the older versions of flex-layout we used ObservableMedia, which is deprecated.
// Use MediaObserver instead
this.columns$ = this.media.media$
.pipe(
map(mc => <number>this.breakpointsToColumnsNumber.get(mc.mqAlias)),
startWith(3)
);
}
urlFor(product: Product): string {
return `${this.baseUrl}/${product.imageUrl}`;
}
}
|
Tuesday, May 24, 2011
I had a memory tonight, which is rather rare for me. My memories are few and far between. It was a sound that triggered the memory, one from forty years ago. The sound of a cat.
It was around this same time of year, when two young boys, one that I knew personally, were playing outside. They had just learned how to tie a noose. These two boys, for whatever reason, tied nooses on opposite ends of a rope, placed them around their necks and climbed a tree. Somehow, in the process of their playing, they fell across a tree branch and the rope wasn't long enough for them to get their legs under them, to get weight off the nooses.
After hearing of the tragedy, I was lying in bed, crying. This was back in the days of attic fans and open windows. Somewhere, out in the dark of night, a cat was crying out. The sound reminded me of a child, crying out for it's mother. It broke my heart, more than it was already broken.
Hearing that same sound tonight, brought back the memory. The memory of two young lives, cut short. After forty years, it still brought with it, a chill.
Sunday, May 22, 2011
During the recent Blog Out, it gave me a tiny bit of comfort to know I wasn't suffering alone. Not sure if anyone else in blogland has been struggling with the new Xfinity business, but I certainly have. Surprisingly, there were only minor glitches and interruptions to my cable service. Phone and internet, on the other hand, have been a real nightmare. When I think back over the years, to all the hours I've spent on the phone... hours I will never get back... talking to people whose accents I struggled to understand, it makes me want to scream. Thinking about all the money we've paid them, for all the aggravation, doesn't make me a happy camper, either.
I THINK I'm up and running, again, for now. We'll see how long it lasts.
Special thanks to my oldest son, for running telephone interference for me. Hearing the land line ring, music to my ears. Having my internet working, wonderful. Two Advil for the headache... PRICELESS!
Just so this post isn't a total rant, I'm adding a recent picture of the ever growing, ever changing, "Chunky Monkey", fresh from a bath, smelling sweet.
Friday, May 13, 2011
Monday, May 9, 2011
Much to my surprise, Mother's Day went great. Considering we thought we might have to cancel our plans, since my mother in law went to the ER on Saturday evening, we were shocked we didn't have to spend the day at the hospital. She's fine, still a little weak, but otherwise ok. She's a pretty tough ol' lady. She can still run circles around me and she's old enough to be my mother! She's a force to be reckoned with... reckon I'll pass. I've suffered plenty of her butt kicking over the past 35 years. The target may be larger, but I try to keep it covered.
My sweet daughter helped me get the food in order. (Bless you!) We ate, chatted, I held the baby... lots, sat outside and sweltered, some had after dinner coffee, some had wine. The baby had liquid gold, (breast milk) which he shared with me, (reflux) several times. He's very generous that way. I tried to convince him I didn't need it, to keep it for himself. No way, he insisted on sharing. Shares with anyone close. He shared a couple of other things, too, I'll spare you the details, but... I swear I was careful and didn't pinch ANYTHING.A little later, with bellies full, my mother in law and I, opened our cards. My youngest son, the ever witty, thoughtful, ingenious person he is, handed me a book. Upon first glance, I thought for sure it was specially made. (he does things like that) It truly looks like it has tape on the front.
See, doesn't that look handmade? I was so excited, UNTIL I OPENED IT! Much to my chagrin, this book is filled with pages that require the owner to basically destroy the book. The book my Son gave me, for Mother's Day. Just look at a couple of the pages...
To top it off, he put a message inside...
This MUST be a test! He knows how OCD/uptight/anal, I am. He expects me to cut loose and destroy this book AND give it back to him as proof I could do it! To think I gave birth to all 9 pounds, 3 ounces of him and that I could intentionally destroy something he gave me!!! I've got a newsflash for him... IT AIN'T HAPPENING, MISTER!
My daughter, on the other hand, gave me a rose. It was one of her roses that adorned my header, when I first started this blog. She specifically said it's a "Sarcastic Granny" rose. Yes, it will wither and die, but it won't be because I destroyed it on purpose. Smart girl, she knows not to mess with my two remaining brain cells. She will need a sitter, at some point.
Monday, May 2, 2011
** Pat, and any other males stumbling in, you may want to leave now. **
I was a bad granny. I've been so traumatized by something that happened the day my daughter brought my new grandson home from the hospital, I've been beside myself. I may have permanent damage.
My first three kids were boys. It's not like I've never been around them, or taken care of them, it's just been a REALLY LONG TIME. I do remember that changing their diapers is risky, if you aren't careful. I've been christened, more than once.
My first four grandchildren are girls. That's what I've grown accustomed to.
The traumatizing event happened during a diaper change. I wasn't even doing the changing, for crying out loud. Daughter and SIL were in the process and had everything laid out to do the job at hand and take care of the newly done circumcision. Prior to pulling the diaper off, they were doing the peek thing, to see what was in store. Everything looked fine and it was pretty hard to tell if the diaper was even wet. No point putting him through all that, for nothing, I decided to lend my experienced hand. Boy, did I! I reached down and squeezed the diaper, in the front, to see if it was wet and out comes the tiniest little scream, much like a newborn kitten!!! In a mere fraction of a second, I realized what I had done! I thought for sure I was going to faint, or vomit, I wasn't sure which. Forgot all about those boy bits. Remembered quickly, but not quick enough to avoid what I had already done. He must have thought Granny was trying to circumcise him again.
Do you think he will remember? God, I hope not. I don't think I did any permanent damage, but if his first words sound like Mickey Mouse... I'm headin' for the hills!
Followers
About Me
Ms. Anthropy aka Ms. A (misanthropy: n. dislike or distrust of mankind)
I'm a coffee loving, brain dead wife, mother and grandmother... that stays home too much, pondering things I can't possibly fix. When my kids have a problem, I take it personally. Bringing them into this world has left me with a sense of responsibility I'm unable to ignore. Them being adults has not diminished those feelings.
I am too honest, a bit sarcastic and will criticize myself more than you will be able to do. I would appreciate you not trying. |
The Cleveland State University wrestling team won each of the first three bouts Saturday afternoon, but visiting Binghamton stormed back to claim a 22-13 victory in the Vikings' regular-season finale inside Woodling Gymnasium.
The dual began at 149 pounds, and redshirt junior Grant Turnmire got the Vikings off to a good start. Filling in for primary starter Brady Barnett, Turnmire built a 5-0 lead after two periods. His opponent broke the shutout with an escape in the third, but Turnmire would a point of riding time to claim a 6-1 victory.
After a scoreless first period at 157, redshirt sophomore Nico O'Dor found himself trailing after five minutes. However, after tying the bout with an escape, he secured a takedown and held on for a two-point win.
Redshirt sophomore Ryan Ford was tied, 1-1, in the third period at 165 with each wrestler having secured an escape. Like O'Dor, Ford secured the tiebreaking takedown and was able to claim a 3-2 victory.
The Vikings would drop the next two bouts but still held the team score lead halfway through the dual. Junior Chris Morrow had fought valiantly against a top-10 opponent at 184 pounds, trailing by a single point late in the bout, but his opponent held off the upset bid.
True freshman Ben Smith never trailed in collecting a bonus-point win at 197 pounds. He had a two-point lead after five minutes but really poured it on in the final frame. He used three takedowns and an escape in the third stanza before adding a point of riding time to claim the major decision.
Junior Collin Kelly held the lead after the first period at heavyweight but was unable to hang on.
Redshirt sophomore Cameron Lathem was tied, 2-2, with his foe in the third period, but this time the Bearcats got the final takedown to claim the win.
After trailing by as many as seven points in his match, redshirt senior Armando Torres had cut his deficit to just three points late in the bout. In the top position, Torres was fighting to earn back points, but the period expired before he was able to do so. |