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The 2013 European Tour International Schedule features a minimum of 45 tournaments across the world, providing a varied and exciting global platform for the Tour's wide-ranging international Membership.
Starting in Africa in two weeks' time, the 12 month golfing odyssey will see the schedule travel though Asia,America, Australasia and its home continent of Europe, before ending back inDubaiwith the 2013 DP World Tour Championship at Jumeirah Golf Estates from November 14-17.
The DP World Tour Championship, Dubai will itself be the culmination of a new and exciting climax to The 2013 Race to Dubai where four tournaments will combine to form 'The Final Series.'
The four tournaments are the US$7 million BMW Masters, the US$8.5 million WGC-HSBC Champions, the US$7 million Turkish Open and the US$8 million DP World Tour Championship, Dubai – making the total prize fund for 'The Final Series' a staggering US$30.5 million.
Keith Waters, Chief Operating Officer and Director of International Policy for The European Tour, said: "We are delighted to announce another comprehensive International Schedule that once again shows the strength in depth of The European Tour.
"With 45 tournaments already confirmed, we are hopeful of making additional tournament announcements in the near future which will further strengthen the playing schedule we are able to offer the broad spectrum of our Membership.
"We would once again like the thank our partners, promoters and colleagues in golf's governing bodies around the world for their support of The European Tour, and we look forward to welcoming them all to the 2013 season."
As in previous seasons, The 2013 European Tour International Schedule is an eclectic mix of globally diverse locations, beginning inSouth Africaat the Nelson Mandela Championship presented by ISPS Handa from December 6-9, 2012.
A total of six events will be staged inSouth Africaon the 2013 Schedule, including the Volvo Golf Champions from January 10-13, 2013, where many of the Tour's 2012 champions will gather at Durban Country Club.
From there, the Tour moves into its formidable desert swing of the Abu Dhabi HSBC Golf Championship, the Commercialbank Qatar Masters and the Omega Dubai Desert Classic before heading to the United States for the first two of the four World Golf Championship events scheduled for 2013.
Other highlights include The European Tour's flagship event, the BMW PGA Championship at Wentworth Club from May 23-26, as well as the four Major Championships with The Open at Muirfield preceded by four of the Tour's most significant tournaments as the BMW International Open returns to Munich and the Golfclub München Eichenried on its 25th Anniversary; the Irish Open moves to Carton House in County Kildare; the magnificent Golf National in Paris once again hosts the Alstom Open de France and the Aberdeen Asset Management Scottish Open returns to the links terrain of Castle Stuart the week before The Open.
Elsewhere, the Volvo World Match Play Championship breaks new ground by taking the Tour to Bulgaria for the first time, to the stunning Thracian Cliffs Golf & Beach Resort in Kavarna, from May 16-19, while the KLM Open returns to familiar territory at Kennemer Golf and Country Club in Zandvoort, where it was staged for four years in succession from 2006 to 2009.
The 2013 KLM Open is part of an on-going six year commitment to The European Tour which will see the tournament staged at Kennemer from 2013 to 2015 before a move to The Dutch in Spijk – a Colin Montgomerie-designed course which is part of The European Tour Properties portfolio – from 2016 to 2018.
There may be no Ryder Cup in 2013, but the biennial match against theUnited States, won so dramatically by José María Olazábal's European Team at Medinah Country Club inChicagoin September, is never far from consideration.
With that in mind, the qualification process to make the 2014 team at The Gleneagles Hotel in Scotland will have a different beginning this year as the points race kicks off with the ISPS Handa Wales Open at The Celtic Manor Resort, the scene of Europe's dramatic 2010 Ryder Cup victory, which has moved to its new date of August 29 – September 1.
There are also significant date changes in 2013 for the Avantha Masters (March 14-17), the Maybank Malaysian Open (March 21-24), the Reale Seguros Open de España (April 18-21), the Nordea Masters (May 30 – June 2) and the Lyoness Open powered by Greenfinity (June 6-9), while the Russian Masters, from July 25-28, sees the Tour return to Russia for the first time since 2008.
Later in the year, the Vivendi Seve Trophy makes its biennial appearance from October 3-6 with its staging coinciding with a change to The European Tour's Minimum Tournament Regulations. From 2013, the Tour has announced that The Ryder Cup, The Presidents Cup and the Vivendi Seve Trophy will count towards the minimum number of 13 events in which a Full Member in Categories 1-11 must participate to obtain inclusion in the final Race toDubairanking.
Another regulation change set to take effect at the end of 2013 is a reduction in the number of Members exempt in Category 8: from 115 (excluding Affiliate Members) to 110 (including Affiliate Members). The reduction in Category 8 Members for the 2014 season will increase playing opportunities for players graduating from the Challenge Tour andEuropeanTourQualifyingSchool.
The Vivendi Seve Trophy follows the Alfred Dunhill Links Championship on the schedule before two more events – thePortugalMasters and the Perth International inAustralia– lead into 'The Final Series.'
Any European Tour Member hoping to qualify for the DP World Tour Championship,Dubai– and therefore the chance to play for The Race to Dubai Bonus Pool – will have to participate in two of the three tournaments preceding the season finalé.
Furthermore, any Member participating in the first three tournaments in 'The Final Series' will receive a 20 per cent bonus on The Race to Dubai points earned from those three events, the bonus being added to the respective players' points total before the DP World Tour Championship.
George O'Grady, Chief Executive of The European Tour, said: "The introduction of 'The Final Series' and the associated changes to the structure are being made to bring even more drama and excitement to the conclusion of our season, and to further enhance The Race to Dubai.
"To have our Members finishing The European Tour season at tournaments of genuine quality such as the BMW Masters, the WGC-HSBC Champions, the Turkish Open and the DP World Tour Championship is exciting.
"We felt there had to be an additional level of commitment from the Membership to these important tournaments, hence the new regulation. The response from our leading players to this change has been extremely encouraging, and we take confidence from their support as we look to continue the positive evolution of The European Tour in an extremely challenging economic climate."
See the full European Tour International Schedule


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Prof. Daniel D. Blinka & Prof. Thomas J. Hammer
Pleading – Relation-Back Rule – Special Assessments
CED Props. LLC v. City of Oshkosh, 2013 WI App 75 (filed 1 May 2013) (ordered published 26 June 2013)
Holding: The "relation-back" rule of pleading did not apply in a challenge to special assessments in which the property owner tried to challenge a second distinct assessment on the same building after the 90-day time limit expired.
A property owner (CED) owned a building at the intersection of Jackson Street and Murdoch Street in Oshkosh. CED filed a notice of appeal and complaint with the circuit court challenging a $20,000 special assessment against its "Murdoch Street" property. Nine months later it filed an amended complaint challenging another $20,000 special assessment levied against its "Jackson Street" property – the same building, a different street. The city conceded on the Murdoch Street claim, but the circuit court ruled that CED's challenge to the Jackson Street assessment was not timely filed. CED appealed.
Prof. Daniel D. Blinka, U.W. 1978, is a professor of law at Marquette University Law School, Milwaukee.
Prof. Thomas J. Hammer, Marquette 1975, is a law professor and Director of Clinical Education at Marquette University Law School, Milwaukee.
The court of appeals affirmed in an opinion written by Judge Gundrum. Section 66.0703(12) of the Wisconsin Statutes provides that an appeal of a special assessment must be made within 90 days. First, the court rejected CED's contention that there was only one special assessment and that CED had identified the wrong dollar amount ($20,000 instead of $40,000) in its original complaint. The record showed that the city levied two special assessments – one running to each street (Jackson and Murdoch) (see ¶ 13).
CED was not saved by Wisconsin's "liberal policy of notice pleading" (¶ 14). Focusing on the original complaint, the court held that "[e]ven the most generous reading of the complaint does not allow an inference that CED was attempting to appeal the $19,404.93 Jackson Street special assessment" (¶ 18). Finally, the court held that while the relation-back rule, Wis. Stat. section 802.09(3), applies to appeals of special assessments, the rule did not save CED because the specific "occurrence/event" alleged in the original complaint was the Murdoch Street assessment, not the Jackson Street assessment.
Judge Reilly dissented. He contended that the majority paid only "lip service" to the "liberal notice pleading rule" while reverting to the bygone practice of "strictly construing the complaint's technical defects against the pleader" (¶ 26). Moreover, the majority "rewards the City for its failure to provide the statutorily required notice" to those affected by special assessments. Only though discovery did CED learn about the second Jackson Street assessment (see ¶ 29).
Summary Judgment – Consumer-Debt Assignments – Palisades Rule
Central Prairie Fin. v. Yang, 2013 WI App 82 (filed 29 May 2013) (ordered published 26 June 2013)
Holding: The Palisades rule did not foreclose summary judgment against a debtor in a situation in which the assignee of credit card debt produced documentation to validate the existence and amount of the indebtedness under a contract with the original creditor and the transactions by which that indebtedness (and records of it) was assigned to it.
Yang incurred credit card debt on an account issued by Chase Bank. Yang defaulted. Chase sold the debt to Central Prairie Financial, which obtained summary judgment against Yang despite Yang's assertions that the records of the underlying Chase debt were inadequate under the rule in Palisades Collection LLC v. Kalal, 2010 WI App 38, 324 Wis. 2d 180, 781 N.W.2d 503.
The court of appeals affirmed in an opinion written by Chief Judge Brown. This case involved "an ordinary action to collect money owed under a contract" (¶ 7). The special pleading requirements governing "creditors" thus did not apply because Central Prairie was the assignee of a consumer debt and did not regularly lend money to consumers (see ¶ 6).
The court described in detail the abundant documentary evidence Central Prairie provided to prove the debts Yang owed Chase. "Palisades stands for the extremely narrow proposition that the hearsay exception for business records is not established when the only affiant concerning the records in question lacks personal knowledge of how the records were made" (¶ 9). In "stark contrast" to the meager documentation in Palisades, "Central Prairie has produced documentation to validate the existence and amount of the indebtedness under a contract with the original creditor, Chase, and the transactions by which that indebtedness (and records of it) was assigned to Central Prairie" (¶ 10). "In short, this is not a Palisades case" (¶ 14).
Summary Judgment – Records – Palisades
Bank of America v. Neis, 2013 WI App 89 (filed 20 June 2013) (ordered published 31 July 2013)
Holding: In summary judgment proceedings in a foreclosure case, various documents, including the payment history, notice of intent to accelerate, and account information statements, were admissible as records of regularly conducted activities; the note and mortgage were admissible under other evidentiary doctrines.
Bank of America obtained a judgment granting foreclosure on property owned by Neis. A key contention involved the admissibility of various records under the standards set forth in Palisades Collection LLC v. Kalal, 2010 WI App 38, 324 Wis. 2d 180, 781 N.W.2d 503.
The court of appeals affirmed in an opinion written by Judge Blanchard that serves as an enormously helpful roadmap in applying Palisades and for summary judgment procedures generally. Because summary judgment must be based on admissible evidence, the court applied the hearsay exception for records of regularly conducted activities, Wis. Stat. section 908.03(6), to a range of documents, including the payment history, notice of intent to accelerate, account information statements, and the note and mortgage.
The court held that all but the note and mortgage were covered by section 908.03(6) and satisfied the additional Palisades standards as well (see ¶ 22). Under this framework, the proponent of the evidence must make a prima facie showing of admissibility that may then be challenged by the opponent. In this connection, the court considered the affidavit and deposition of the records custodian in some detail with an eye toward her qualifications and her personal knowledge.
As for the note and mortgage, those documents were admissible not under section 908.03(6) – the custodian could not provide the foundation for them – but under what is best known as the verbal-acts doctrine, well recognized by the case law and applicable to documents that create legal obligations or rights (such as mortgages and notes) (see ¶ 49). Finally, the court rejected several other issues that are case specific and not of any broader importance.
Speedy Trial – Multiplicity
State v. Lock, 2013 WI App 80 (filed 7 May 2013) (ordered published 26 June 2013)
Holding: The right to a speedy trial was not violated for a defendant in custody facing federal charges and serving a life sentence for murder.
State and federal prosecutors brought multiple charges against Lock. The opinion here pertains to the third of such cases, in which Lock was convicted of prostitution-related offenses involving a ring that operated for years between Wisconsin and Nebraska.
The court of appeals affirmed in an opinion written by Judge Brennan. First, no error occurred when the trial judge essentially adopted the state's brief in rejecting Lock's motions for postconviction relief. No rule prohibits the adoption of a brief. And because the court of appeals independently reviews constitutional challenges anyway, Lock's assertion was "inconsequential" (¶ 12).
Turning to Lock's constitutional claims, the court first held that a 14-month delay while Lock was being held in federal custody did not deny his right to a speedy trial. Simply put, because Lock was serving life terms for murder regardless, he was not prejudiced by the delay (see ¶ 22). Federal authorities declined to produce Lock for further state trials until his federal charges were addressed. Nor was there any evidence of collusion between state and federal prosecutors. Second, Lock was properly convicted of substantive conspiracy to commit prostitution and several completed prostitution offenses. This issue propelled the court's discussion of Wis. Stat. section 939.72, which ordinarily prohibits convictions for both substantive conspiracy and the conspiracy's object offense (see ¶ 34). Here the conspiracy was far broader than the specific offense with which Lock also was charged; thus, convictions for both conspiracy and the completed offenses were proper.
Finally, prosecutorial misconduct did not deny Lock due process. This issue related to Lock's speculation about whether the state knowingly granted sentencing concessions to a key prosecution witness who had been one of Lock's confederates.
Guilty Plea Proceedings – Informing the Accused of the "Nature of the Charge"
State v. Robles, 2013 WI App 76 (filed 1 May 2013) (ordered published 26 June 2013)
Holding: A guilty plea colloquy was not rendered deficient by the circuit judge failing to specifically use the term "felony" when advising the defendant about the nature of the charge to which she was entering a guilty plea.
Robles pleaded guilty to and was convicted of felony identity theft. Before accepting Robles' plea, the circuit court engaged in a plea colloquy with Robles that she concedes was sufficient in all relevant respects except that the court neglected to use the word felony. Robles filed a postconviction motion to withdraw her plea on the ground that she was not adequately informed of the nature of the charge, as required by Wis. Stat. section 971.08(1), solely because the court failed to inform her during the colloquy that the charge to which she was pleading was a felony. The circuit court denied her motion without an evidentiary hearing. In a decision authored by Judge Gundrum, the court of appeals affirmed.
In addition to other requirements, Wis. Stat. section 971.08(1) requires a circuit court accepting a defendant's plea to address the defendant personally and determine that the plea is made voluntarily with understanding of the "nature of the charge." The statute does not further define this term. However, supreme court cases dealing with other guilty plea issues "inform us that our supreme court recognizes the term 'nature of the charge' as referring to the elements of the charged offense or, more precisely, the elements of the offense in relation to the facts associated with that charge. Second, they advise us that a circuit court's plea colloquy duties related to the 'nature of the charge' can be satisfied 'by summariz[ing] the elements of the crime charged by reading from the appropriate jury instructions or from the applicable statute'" (¶ 10).
"Based upon the foregoing, we conclude that the 'felony' or 'misdemeanor' designation of a charge is not part of the 'nature of the charge.' Accordingly, a circuit court accepting a plea is not required to specifically inform the defendant of the applicable designation" (¶ 13). Therefore, the defendant failed to make out a prima facie case that the plea colloquy in her case was deficient.
Interstate Agreement on Detainers – Calculating Time – Receipt of Notice by District Attorney
State v. Thomas, 2013 WI App 78 (filed 29 May 2013) (ordered published 26 June 2013)
Holding: Under the Interstate Agreement on Detainers, the clock on the 180-day window within which the defendant must be brought to trial begins to run when the prosecutor actually receives the defendant's demand for a speedy trial.
This case involves the Interstate Agreement on Detainers (IAD). See Wis. Stat. § 976.05. Section 976.05(3)(a) requires that a defendant be brought to trial "within 180 days after the prisoner has caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the ... complaint" (emphasis added). The issue before the court of appeals in this case was when did Thomas "cause[] to be delivered" his written request "to the prosecuting officer."
In 2009, Thomas was charged in Milwaukee County with several felony offenses. On March 11, 2010, while Thomas was serving a sentence in an Illinois prison, he caused a certified letter to be sent to the Milwaukee County District Attorney's Office and to the clerk of the Milwaukee County Circuit Court notifying the recipients that he was serving a sentence in Illinois and requesting that a final disposition be made of the complaint pending against him in Wisconsin. On March 15, 2010, an employee of Information Management Services Distribution (Information Management) received and signed for both of the defendant's letters. One of the letters was then directed to the Milwaukee County District Attorney's Office, which received the letter on March 18, 2010.
The question before the court was whether the IAD's 180-day time limit began to run on March 15, 2010 when the defendant's letter was received by Information Management or, alternatively, on March 18, 2010 when the district attorney's office received the letter.
In a decision authored by Judge Brennan, the court of appeals concluded that the clock began to run on March 18. There was no evidence demonstrating that Information Management was an agent of the district attorney's office; thus, the defendant failed to demonstrate that his speedy trial request was delivered to the prosecuting officer when it was received by Information Management on March 15 (see ¶ 18).
Said the court, "[t]he purpose of the IAD is to prompt prosecutors to bring defendants to trial, which a prosecutor cannot do until he or she actually receives notice of the speedy trial request. The warden's receipt of the request, or Information Management's receipt of the request, does not give the prosecutor that notice …. By requiring that the speedy trial request be actually received by the district attorney before the 180-day clock starts running, the legislature was acknowledging that only the prosecutor (not a mail room) is in a position to timely move the prisoner on to trial" (¶ 20).
Breach of Plea Agreement – Statement of Police Officer Victims at Sentencing
State v. Stewart, 2013 WI App 86 (filed 11 June 2013) (ordered published 31 July 2013)
Holding: The state did not breach a plea agreement when police officer victims advocated at sentencing for a sentence longer than that which the prosecutor recommended pursuant to the plea agreement.
The defendant shot at police officers who were executing a search warrant at a residence where he was staying; he wounded one officer in the arm and his shots narrowly missed the other officer. Pursuant to a plea agreement, the defendant entered guilty pleas to three felonies, and the prosecutor agreed to recommend a sentence of "25 years globally" for the three crimes, consisting of 15 years' initial confinement followed by 10 years' extended supervision.
At the sentencing hearing, the prosecutor repeated his agreed-on recommendation of a global 25-year sentence, and the circuit court received, without objection from the defendant, both oral and written impact statements from both police officers. Both officers told the court that they wanted Stewart to be sentenced to the maximum time allowable for each count. The circuit court, noting that it "was struck by the victim impact reports," sentenced the defendant to a package that amounts to 25 years' initial confinement followed by 15 years' extended supervision.
On appeal, the defendant argued that the state breached the plea agreement when the officers asked the court to impose maximum sentences. In a decision authored by Judge Brennan, the court of appeals concluded that because the officers were speaking as victims and not as agents of the state when they requested the maximum sentences, the state did not breach the plea agreement.
Said the court, "the police officers were not speaking to the court as investigating officers, but as victims of a crime, which they have a right to do. In Wisconsin, every crime victim has the right 'to make a statement to the court at disposition.' … A victim's right to provide a statement at sentencing expressing his or her view as to disposition is to be 'honored and protected … in a manner no less vigorous than the protections afforded criminal defendants.' Wis. Stat. § 950.01. Neither § 950.01 nor the Wisconsin Constitution except police officer crime victims from the right to provide an impact statement at sentencing. Because the officers here were speaking in their capacity as victims, and not as agents of the State, the State did not breach the plea agreement, and Stewart's constitutional right to the enforcement of the agreement was not violated" (¶ 15) (citations omitted).
The defendant argued that, if the police officers were in fact speaking as victims, State v. Harvey, 2006 WI App 26, 289 Wis. 2d 222, 710 N.W.2d 482, required the prosecutor to expressly disavow the police officers' requests for the circuit court to impose the maximum sentence. The court of appeals disagreed. "Harvey does not stand for the proposition that a prosecutor must disavow a victim's sentencing recommendations when they differ from the plea agreement …. Nor do we impose such a requirement now" (¶ 19).
Sentencing – Religious References by Sentencing Judge
State v. Betters, 2013 WI App 85 (filed 18 June 2013) (ordered published 31 July 2013)
Holding: The circuit court did not abuse its sentencing discretion by improperly relying on religious considerations.
Defendant Betters agreed to plead guilty to one count of repeated sexual assault of the same child and one count of possession of child pornography. A third count, repeated sexual assault of another child, was dismissed and read in. During the sentencing proceeding, the circuit court first observed that the three primary objectives of a sentence are protection of the public, punishment of the defendant, and rehabilitation. It then analyzed Betters's character and the gravity of the offenses.
During its lengthy sentencing remarks, the court stated that "every child is a gift from God," and it commented that Betters's conduct toward the boys was "an abomination in the sight of God and in the sight of man, and … totally unacceptable." The court imposed lengthy consecutive sentences. Betters filed a motion for postconviction relief, arguing that the court erroneously exercised its sentencing discretion by relying on religious considerations. The circuit court denied the motion.
In a decision authored by Judge Mangerson, the court of appeals affirmed. Said the court, "[t]aken as a whole, the sentencing transcript in this case demonstrates that the court considered proper factors and linked them to appropriate sentencing objectives. Although the court used religious language, sparingly, during its analysis, Betters has failed to show that it is highly probable or reasonably certain his sentence was based on the court's religious convictions. We stress again that the court's invocations of a religious deity were ill-advised. However, not every 'ill-advised word' will create reversible error. The transcript reflects that the court's offhand religious references addressed proper secular sentencing factors" (¶ 20) (citation omitted).
Those secular factors included the duty to protect the innocent (see ¶ 17) and the court's suggestion that the defendant's sexual abuse was no more offensive to the court's religious sensibilities than it was to well-established social norms (see ¶ 18). Thus, the appellate court concluded that the court properly exercised its sentencing discretion. "The judge's comments do not suggest Betters required a longer sentence to 'pay religious penance'" (¶ 20) (citation omitted).
Substitution of Judge – Substitution Against Judge Originally Assigned to the Case
State v. Bohannon, 2013 WI App 87 (filed 11 June 2013) (ordered published 31 July 2013)
Holding: The circuit court did not err in denying the defendant's request for substitution of judge.
The judicial substitution statute provides in part that "[a] written request for the substitution of a different judge for the judge originally assigned to the trial of the action may be filed with the clerk before making any motions to the trial court and before arraignment." Wis. Stat. § 971.20(4). In this case, defendant Bohannon did not file such a request when his case was first assigned to a trial judge. Several months after arraignment, the case was transferred to a second judge. Later still, as a result of judicial rotation, his case was reassigned to the original judge. The defendant then filed a substitution request against the original judge. The request was denied, and the case was ultimately tried before the original judge.
The defendant appealed, contending that his substitution request should have been granted because another subsection of section 971.20 makes special provisions for substitutions when a "new judge" has been assigned to the case. The defendant argued that the original judge was actually a "new judge" because his case had been transferred from the original judge to a different judge before being transferred back to the original judge.
In a decision authored by Judge Curley, the court of appeals affirmed. It concluded that the judge who tried the case was the "original" judge for purposes of the substitution law – not a "new judge" (¶ 22). Accordingly, the defendant was required to file his substitution request against the trial judge when his case was first before her and before arraignment (see ¶ 26).
Photo ID Law – 2011 Wis. Act 23 – Constitutionality of Statute Upheld Against Facial Challenge
League of Women Voters of Wis. Educ. Network Inc. v. Walker, 2013 WI App 77 (filed 30 May 2013) (ordered published 26 June 2013)
Holding: In a facial challenge to 2011 Wisconsin Act 23 (the photo ID law), the plaintiffs failed to demonstrate that the law is unconstitutional beyond a reasonable doubt.
In 2011 Wisconsin Act 23, the legislature enacted statutes under which, with narrow exceptions, all persons seeking to vote must present one of several specified forms of photo identification to election officials. The League of Women Voters of Wisconsin Education Network Inc. (the League) sought a declaration in the circuit court that the photo identification requirement is facially invalid under article III of the Wisconsin Constitution. This case did not present a challenge to the photo identification requirement on any other state or federal constitutional ground.
The circuit court agreed with the League and entered a judgment declaring the requirement unconstitutional and enjoining state officials from enforcing the challenged statutory provisions. In a decision authored by Judge Blanchard, the court of appeals held that the League failed to carry its heavy burden of overcoming the presumption that the photo identification requirement is, on its face, constitutional. Accordingly, the court of appeals reversed the circuit court's decision.
The appellate court began its analysis by characterizing the League's principal arguments as follows: 1) the photo identification requirement impermissibly constitutes an "additional qualification" to vote not contained in article III; 2) the requirement is unconstitutional under the article III right to suffrage because it imposes a restriction that is on its face so burdensome that it effectively denies potential voters their right to vote and is therefore constitutionally unreasonable; and 3) in creating the requirement, the legislature exceeded the express authority granted to it under article III.
Responding to these arguments, the appellate court first concluded that "the League's 'additional qualification' argument is defeated by concessions the League makes and by Wisconsin Supreme Court precedent addressing the authority of the legislature to enact laws allowing officials to ascertain at the polls which potential voters are qualified to vote. The League has not shown that the photo identification requirement is on its face an 'additional qualification' for voting, as opposed to a voter registration regulation that allows election officials 'to ascertain whether the person offering to vote possessed the qualifications required'" (¶ 3) (citation omitted).
The appellate court further rejected the League's implied argument that the requirement is unconstitutional under the article III right to suffrage because it imposes a restriction that is, on its face, so burdensome that it effectively denies potential voters their right to vote, and is therefore constitutionally unreasonable. "We express no opinion as to whether such an argument might have merit if supported by fact finding regarding the burdens imposed. However, in this facial challenge in which the League does not rely on any fact finding or evidentiary material, the implied argument falls short" (¶ 4).
Finally, as to the argument that, even if the photo identification requirement is not an "additional qualification" or constitutionally "unreasonable," the legislature nevertheless exceeded its authority in enacting the requirement, the court concluded that "this argument collapses with a concession by the League, which we believe is a warranted concession. The concession is that the legislature has implicit but broad constitutional authority to establish a voting registration system under which election officials may require potential voters to identify themselves as registered voters, including by requesting photo identification" (¶ 5).
[EDITORS' NOTE: In a footnote, the court noted that another challenge to Act 23 is pending before District II of the court of appeals. In Milwaukee Branch of the NAACP v. Walker, No. 2012AP1652, the plaintiffs make arguments not made in this case. "In particular, they argue that judicial review of Act 23 requires heightened scrutiny, and they appear to rely on due process and equal-protection-based arguments. Plaintiffs there also make fact-based arguments that the League does not make here. For example, the plaintiffs in the District II case argue that they have demonstrated as a factual matter that enforcement of Act 23's provisions would 'severely burden a significant number of qualified voters but [are] not reasonably necessitated or designed to deter fraud or otherwise effect an important government interest'" (¶ 7, n.2).]
Sick-Leave Benefits – County Employees
Pasko v. Milwaukee Cnty., 2013 WI App 91 (filed 18 June 2013) (ordered published 31 July 2013)
Holding: Two retired county employees were entitled to be paid for their unused sick time as provided by various union contracts and county ordinances.
Two former Milwaukee County employees, Pasko and Porth, brought these consolidated cases to determine their sick-leave benefits upon retirement. The circuit court ruled in the retirees' favor.
The court of appeals affirmed in an opinion written by Judge Fine. The court held that Champine v. Milwaukee County, 2005 WI App 75, 280 Wis. 2d 603, 696 N.W.2d 245, was "dispositive of the core issue" (¶ 1). Both plaintiffs started work as county employees before moving into management positions. Both are now retired county employees. The opinion canvasses the undeniably generous county benefit provisions that the county has belatedly tried to roll back in recent years.
"The circuit court correctly held that Pasko and Porth were entitled to accumulate uncapped sick-leave hours by virtue of the union contracts that governed their work for Milwaukee County before they accepted promotion to non-union managerial positions, and that those accumulations vested before they took their non-union management positions" (¶ 13).
Nor did they waive their vested interest when they accepted the management positions. The circuit court properly found "(1) that Milwaukee County did not show that either Pasko or Porth intentionally gave up [his] right to the accumulated non-capped sick leave, and also (2) that they did not have the requisite knowledge, actual or constructive, from which that relinquishment could be found" (¶ 17). A final, fact-intensive, issue involved the calculation of their unused sick leave.
Termination of Parental Rights – Stipulations
Ronald J.R. v. Alexis L.A., 2013 WI App 79 (filed 8 May 2013) (ordered published 26 June 2013)
Holding: In a termination of parental rights (TPR) case, the mother was bound by her stipulation waiving her right to appeal.
Ronald sought to terminate Alexis's parental rights to his and her child. As grounds, he alleged continuing denial of periods of physical placement (Alexis had drug issues) and her failure to assume parental responsibility. The circuit court granted summary judgment on the denial-of-physical-placement grounds, finding that an order denying placement had been in effect for more than one year. Ronald and Alexis then stipulated that Alexis would give up her right to appeal the summary judgment determination in exchange for Ronald dropping the failure-to-assume-parental-responsibility grounds. The court conducted a colloquy and accepted the stipulation. In a later hearing, Alexis's parental rights were terminated. Despite the stipulation, Alexis appealed on constitutional grounds.
The court of appeals affirmed in an opinion written by Chief Judge Brown. TPR cases are civil cases, although they are similar to criminal cases in some respects. Parties may waive their right to appeal by stipulation. Stipulations are binding although courts can relieve parties from them in appropriate cases.
Alexis argued that had she known about the constitutional issue now raised by current counsel, she would not have stipulated to waive her right to appeal. The court rejected this position. "It goes without saying that if a party has the authority to waive the right to appeal via stipulation, it means that all viable appellate arguments, known or unknown, are also waived. Stipulations to waive an appeal do not come with an unseen asterisk noting that if the party thereafter becomes aware of a good argument to make on appeal, that party may back out of the bargain. If such were the case, stipulations to waive an appeal would become meaningless" (¶ 10).
The court reasoned that Alexis surely weighed the risks and rewards of the stipulation. In hindsight she regrets the decision, "[b]ut hindsight does not make a stipulation invalid" under Wisconsin law (¶ 11). The circuit court properly exercised its discretion when accepting the stipulation after a methodical colloquy with Alexis. Finally, interests of justice did not warrant relieving Alexis of the stipulation.
Termination of Parental Rights – Appeals – Timeliness – Habeas Corpus
Amy W. v. David G., 2013 WI App 83 (filed 29 May 2013) (ordered published 26 June 2013)
Holding: A parent may use the writ of habeas corpus in a termination of parental rights (TPR) case in which the attorney negligently missed the deadline for appeal, which by statute cannot be extended.
Amy W. filed an action to terminate the parental rights of her child's father, David G. After the court terminated David's rights, the Office of the State Public Defender (SPD) appointed counsel to pursue an appeal. That lawyer, however, failed to file a timely appeal. Moreover, by statute the court of appeals cannot extend the time for filing a notice of appeal in a TPR case not filed by a representative of the public. Wis. Stat. § 809.82(2)(b). The SPD then filed this petition for a writ of habeas corpus.
Judge Neubauer granted the writ of habeas corpus, finding all elements had been satisfied. First, the writ applied even though neither David nor his daughter was "restrained" of his or her liberty. "The question in such matters is not physical restraint but the assertion of a lawful right to retain custody of the child" (¶ 7). Second, the action implicated constitutional protections: "TPR proceedings merit greater protections because they implicate a parent's fundamental liberty interest in the 'companionship, care, custody, and management' of his or her children'" (¶ 8).
"Finally, David has no other remedy" (¶ 9). It was not his fault that his former counsel missed the appellate deadline. Former counsel's performance was both deficient and prejudicial, as described in the opinion (see ¶ 11). Case law holds that the relief must be suited to the scope of the violation, so the court granted David's petition and extended the time to file the notice of appeal (see ¶ 13).
UM/UIM – "Toy" ATVs
Paskiewicz v. American Family Mut. Ins. Co., 2013 WI App 92 (filed 26 June 2013) (ordered published 31 July 2013)
Holding: A small all-terrain vehicle driven by a 3-year-old child was a "land motor vehicle" that fell within the policy's UM/UIM coverage.
A man and his 3-year-old granddaughter visited Michelle Paskiewicz. While operating a "miniature all-terrain vehicle," the child ran into Michelle's leg, causing serious injury. The Paskiewiczes sued their insurer, Acuity, under their uninsured and underinsured motorist (UM/UIM) coverage. The circuit court granted summary judgment in favor of Acuity on grounds that the vehicle was a "child's toy" and hence not covered by the policy (see ¶ 3).
The court of appeals reversed in an opinion authored by Judge Gundrum. It held that the policy's term "land motor vehicle" was unambiguous and covers the vehicle driven by the 3 year old (see ¶ 6). The opinion describes the "miniature" ATV in some detail and also summarizes a persuasive Arizona case.
"Significantly, Acuity has identified no language in the policy which would exclude a motor-powered vehicle which operates on land, such as the Meerkat50-4A, from coverage based upon its size, the speed at which it can travel, or its primary use being for the entertainment or recreation of children. According to the manufacturer, the Meerkat50-4A weighs over 150 pounds and is designed to travel at speeds exceeding 20 miles per hour. These facts are not so insignificant as to lead to the conclusion that the Meerkat50-4A somehow does not 'count' as a 'land motor vehicle'" (¶ 9).
Stacking – UIM
Westra v. State Farm Mut. Auto. Ins. Co., 2013 WI App 93 (filed 18 June 2013) (ordered published 31 July 2013)
Holding: In applying the various seemingly irreconcilable stacking statutes, the court held that the insured was barred from recovering UIM coverage limits from two vehicles.
Westra was severely injured while riding a motorcycle when he was struck by an underinsured driver. Westra recovered the limits of the tortfeasor's policy as well as the underinsured motorist (UIM) limits on his own insured motorcycle plus the UIM (and medical payment limits) on two of his other vehicles. He also sought the UIM limits from policies on two other vehicles, which State Farm denied based on the policies' antistacking provision.
The circuit court ruled that Wis. Stat. sections 631.43(1) and 632.32(6)(d) are "irreconcilable because the former prohibited anti-stacking provisions in all insurance policies, but the latter allowed insurers to limit the stacking of underinsured motorist coverage to the coverage limits for three vehicles. Because the statutes could not be harmonized, the court decided the more specific statute, § 632.32(6)(d), should govern. The court further concluded the plain language of § 632.32(6)(d) unambiguously permitted the anti-stacking provision in State Farm's policies" (¶ 7). The court granted summary judgment in favor of State Farm.
The court of appeals affirmed in an opinion written by Judge Stark that agreed with the circuit court's reasoning. The court rejected Westra's manifold arguments that Wis. Stat. sections 631.43(1) and 632.32(6)(d) could be "harmonized." It also held that section 632.32(6)(d), the more specific statute, permitted the policy's antistacking provision (see ¶ 28). Moreover, even if the provision is deemed an exclusion under the policy, it is nonetheless a permissible exclusion (see ¶ 30).
OWI – Seventh Offense – Confinement in Prison Not Mandated
State v. Williams, 2013 WI App 74 (filed 11 April 2013) (ordered published 26 June 2013)
Holding: The circuit court erred when it concluded that it was required to impose a minimum three-year prison term for a seventh-offense operating while intoxicated (OWI) conviction.
The defendant was convicted of OWI. This was his seventh impaired-driving conviction. Under the OWI law's penalty provisions, seventh, eighth, and ninth offenses are classified as Class G felonies. The ordinary maximum penalty for a Class G felony is a fine not to exceed $25,000, imprisonment not to exceed 10 years (consisting of a prison term of not more than 5 years followed by an extended-supervision term of not more than 5 years), or both. A special provision in the OWI penalty statutes provides that for seventh, eighth and ninth offenses, "the confinement portion of a bifurcated sentence … shall be not less than 3 years." Wis. Stat. § 346.65(2)(am)6.
The issue in this case was whether the circuit court erred when it concluded that it was required by the statute cited above to impose on the defendant a prison term of not less than three years. In a majority decision authored by Judge Sherman, the court of appeals concluded that the circuit court did indeed err in its interpretation of the statute.
"Although [§ 346.65(2)(am)6.] references the imposition of a bifurcated sentence, and specifies the minimum term of incarceration in the event that a bifurcated sentence is imposed, nothing in the plain language of [§ 346.65(2)(am)6.] mandates or requires that a bifurcated sentence be imposed" (¶ 9). However, "in the event that a bifurcated sentence is imposed on a defendant who is found guilty of a seventh offense OWI, the circuit court must impose a minimum period of incarceration of three years" (¶ 12).
Judge Blanchard filed a dissenting opinion.
Driveway-Access Permit – Revocation
J&E Investments LLC v. Division of Hearings & Appeals, 2013 WI App 90 (filed 25 June 2013) (ordered published 31 July 2013)
Holding: The Wisconsin Department of Transportation (DOT) properly revoked a driveway-access permit that had been granted to a commercial property.
J&E owned a two-story, multitenant commercial building and two parking lots on a busy street. The DOT revoked a driveway-access permit it had granted to a prior owner in the 1960s. J&E appealed but the Division of Hearings and Appeals (DHA) upheld the DOT. The circuit court affirmed the DHA's decision.
The court of appeals affirmed in an opinion written by Judge Curley. The court applied "due weight review" to the DHA's decision (see ¶ 13). It held that the DOT was authorized to revoke the permit under Wis. Stat sections 86.073 and 86.07(2) (see ¶ 18). Nor was this statutory authority limited to permits issued after 1983, when the former statute was enacted (see ¶ 19).
The court also upheld the finding that J&E had reasonable alternative access, a factual finding (see ¶ 22). Further, it concluded that an estoppel argument was not properly before the court.

subset: commoncrawl


text:
Hi, everybody. I've been glued to the storm coverage just like a lot of people. In our particular part of metro Atlanta, we got socked with a scary looking and sounding storm (that kind of ominous lightning that never lets up, just flashes constantly), strong winds and rain, but no property damage and no injuries to ourselves. There was a lightning strike near my MIL's house, and she said it sounded like a bomb went off.
My family in Alabama was not so lucky. I spoke with my Mom and sisters in Huntsville. They say north Alabama is without power, and will be for several days. There's limited gas available, and cars are lined up for hours. Refrigerators and freezers full of food are going to waste. My Aunt Georgia's house in Cullman took a direct hit from the tornado, but the group in her basement, including my Dad, who had just arrived, are all ok. Thank you to God!
My heart goes out to those families who were not so lucky, and who suffered terrible loss and destruction in these storms.
Friday, April 29, 2011
Wednesday, April 27, 2011
this year's easter dresses
Very distantly related to vintage Simplicity 7563
We had a lovely Easter. I hope you all did too. It was gorgeous weather here, not too hot. And I fit into an awesome dress that I bought seven years ago and still love, so that was a bonus.
I always seem to end up making the girls' dresses at the last minute. It's becoming a dysfunctional tradition. I do work better under pressure, but it makes for some bad moments. (Like when your model goes to bed before you are finished and you have to guess how to closely to fit the dress. That kind of thing.)
I really struggled with inspiration this year. None of the patterns I had on hand excited me. I just didn't know what I wanted to make. Then as the time whittled away to a couple of days I just settled on whipping out another two simple sleeveless shifts like I made last year, in some loud fabric.
I had this Amy Butler Lotus on hand in the stash (which I love and had intended for myself, but that's another thing that gets put aside when you wait 'til the last minute), so I altered the neckline, armholes and hem more to my liking and made the shifts.
And they looked like tent dresses. Then I remembered that I had to take out a huge amount of width last year to make them more fitted. So that is when I came up with the button tabs for this year's version. They worked a lot better than I thought they would to give the otherwise shapeless dresses a little fitted waistline. I really love them!
This shows the backs. Regular zippers for closure. I put two darts in the back of the oldest's dress, just for some shaping. The bias binding was just the cheap store bought kind. Not very soft, but hopefully the color will retain its brightness better than cotton. And hopefully not bleed all over the fabric. I'm a little scared to wash these.
Left dress: How is it that I managed to cut both back pieces in almost the exact place within the repeat of the fabric? And then didn't notice it until it was sewn together? AGAIN?
Left dress: How is it that I managed to cut both back pieces in almost the exact place within the repeat of the fabric? And then didn't notice it until it was sewn together? AGAIN?
The hems were made like the Oliver + S Lazy Days skirt hem. I love that method, it makes such a neat finish. Only instead of ribbon I used single fold bias tape. Then another row of single fold tape above it just for looks.
Some action shots during the egg hunt at my in-law's. You can see that Thing 1's dress made its debut Sunday without the extra border above the hem. I was tired, people. And I figured since the fabric was so loud and busy, it didn't need it. But my daughter gently pointed it out to me and asked me why her sister's dress got two borders and hers only had one. So. I added that to the dress on Monday.
I finished both dresses about 11 pm or so on Saturday night, which gave me plenty of time to make some other stuff to put in the girls' easter baskets. Ha ha.
Like these matching headbands to go with their dresses. I'm so glad I was seized by the impulse a while back to buy some of Jessica's beautiful jacquard ribbon, because it leapt out at me as I was standing there at midnight trying to decide what kind of (hopefully quick) hair doololly to make.
I sewed the jacquard ribbon to a length of grosgrain ribbon for backing and added some elastic. Voila. They worked great. I was really surprised how well they stayed in. This kind never stays on my head, it always slips off the back.
And then because sleep is for quitters, I also made these tie-on bunny ears for their Beanie Babies. Easy, just white and pink felt with pipe cleaners inside for bendability and a ribbon tie. Everything is cuter with bunny ears.
Posted by Larissa Holland at 6:00 AM 18 comments
Labels: felt crafts, holiday, kids clothes
Monday, April 25, 2011
That's right. I'm not from Texas.
But Texas wants me anyway. (Great, now I can't get that song out of my head!)
I can't believe I get to GO to this (as a consumer that is, not a vendor!). WITH my bosom friend! Oh, man, we are going to have so much fun! And eat Indian food! And laugh! And swill coffee and snarf sweets at regular intervals. And look at cool arty stuff. And talk about arty stuff. And buy arty stuff. And log away ideas. And look at interestingly attired people. And punch each other when we see crafters we idolize. Fun fun fun fun fun! If you go, I'll be the one walking around looking beatific.
Go here to see Robyn's photos from the trip they made to Austin last year. Just looking at all the cool places she visited gives me a to-do list as long as my arm.
Posted by Larissa Holland at 11:00 AM 11 comments
Labels: just for fun, shopping
Friday, April 22, 2011
make a ruffle circle pillow sham
This is a reprint of a guest post at Kojo Designs' The Sincerest Form Of Flattery series. Enjoy!
Hi, folks! I'm Larissa Holland of mmmcrafts and I like to make stuff and drink coffee. A lot. I'm a graphic designer turned home-schooling mom, and being creative really helps* to keep me sane. I have a shop where I sell my sewing and papercut patterns and the occasional finished piece. You can find a wide variety of crafts on my blog. I like to try new things, but I mainly squander large amounts of free time on papercuts, cards, felt crafts, and of course sewing clothing, accessories and gifts.
*no guarantee implied
I'm happy to be a part of this Sincerest Form of Flattery series. Most times when I attempt to recreate something from the retail world it is due to one or both of the following reasons:
1) I cannot possibly afford the staggering price tag
2) The item I am lusting after does not quite fit my needs (i.e. color, size, etc...)
In some instances, I think good design is just worth paying for. For me, the price/value is on a sliding scale with ease/cost of replication. For example, I recently purchased this Pintuck duvet cover for our bedroom from West Elm. I love and adore it, and just thinking about trying to make something similar to it gave me hives. It was easily worth the purchase price.
image from West Elm
Image from West Elm
I thought it would be a great look to complement my youngest daughter's new duvet cover, however, I wasn't sure the WE white would match it, I didn't like the way the ruffled circle is cut in half on the West Elm standard sham, and the european sham is the wrong size. So, I stared at their photos for a while and made my own version:
Here we go: West Elmish Ruffled Circle Pillow Sham How-To:
First I grabbed an existing pillow sham from my daughter's bed and measured it. It was 25 x 20 inches. Then I hopped on my favorite design tool, my Mac. I drew a layout to size like so:
- Two 21 x 26 inch rectangles for the front (one for the top, and one for the backing) and also a piece of cotton batting to match
- One 21 x 22 inch rectangle for the envelope back
- One 21 x 12 inch rectangle for the other side of the envelope back
Next was a boatload of bias cut strips for the ruffled circles. (Bias cut because there was no way I was going to finish the edges. Raw bias strips don't fray a lot). I laid my yardage on the floor and pulled a corner over like so:
Then I cut along that fold. This new cut edge was on the bias. Then I cut 2 inch strips from those bias edges until I had what looked like a really ridiculous amount. Turns out 225 inches was not even enough to complete the larger ruffle circle, so I had to cut more. (How much you need may vary depending on how tightly you ruffle the strips, but more about that in a minute.) I figured 2 inches wide would allow for the strips to fray a bit in the wash and still look fluffy. If you look closely at the West Elm photos, I'm pretty sure their strips were not that wide. You can vary it as you like.
I sewed all my bias strips together end to end. Here's how you do that:
Ok. This is where your results may vary. I used my ruffler attachment to gather the strips. I didn't want to hand gather a strip that long because, well, I hate gathering. With every fiber of my being. If you have a ruffler attachment, by all means dust it off and put it on. This is where it shines, man.
I used a stitch length of 2.5 and the 6 setting on the ruffler (meaning a tuck is taken every 6 stitches). Then I just fed the strip through and watched it do all the pretty tucks for me. One thing you want to keep an eye on is the needle itself. It can work loose after a little while from the action of the ruffler and you don't want it to fall out mid-stitch. Like I did.
So you don't have a ruffler? You can cheat too. You can use a gathering foot, or if you don't have one of those you can experiment on a test strip by increasing your stitch length and tightening the tension until your machine is making gathers by itself as you sew. It will really help if your bias strips are a lightweight fabric.
After ruffling all the strips I pressed them in half along the seam.
Next step was to assemble the sham top. I used my fancy compass (from a drafting course in college) with a pencil lead in it to draw concentric circles in position on the sham top piece, like so:
Each nested circle is an inch apart from the next. Then I also drew in my quilting lines with an air soluble marker. I sandwiched the batting between the sham top and the sham top backing, pinned (a lot), and sewed along the quilting lines only, working from the center outward. (Do not sew the concentric circles).
I used fabric glue to tack down the center seams of the ruffled strips to the concentric circles. Beginning with a tight circle in the center, I worked my way around and outward. I tucked the end under when I completed the circle.
Then I used the machine to stitch each ruffled circle in place.
Now to put it all together. First I squared up the sham top. Then I aligned the envelope back pieces right sides together to the sham top and pinned. Using a half inch seam, I sewed all the way around.
Lastly I snipped the corners, turned it, stuffed it with a pillow and viola! The West Elmish look I wanted for her new bed.
I have to say, after making this sham with the 14 miles of bias strip to ruffle, the WE version looked a lot more attractive, and according to my sliding scale I think the $30+shipping they want for their sham is a pretty fair deal.
But having said that, the one I made still wins with me because 1) it's the style/exact color I wanted, 2) I was able to make it from my stash in more durable fabric for zero dollars, 3) it is something special from her mom that my daughter loves!
Posted by Larissa Holland at 6:00 AM 14 comments
Thursday, April 21, 2011
by order of the management
I got the tipoff about artist John Golden from my BFF. I had not seen his etsy shop, but when she sent me the link I fell in love. She just finished using his By Order of The Management prints in her kids' bathroom redo, and so I had to copy her and hang them in my kids' bathroom too. It's ok. We live in different states. I have full permission to totally rip off any decor idea she has. It's how I get my best stuff.
Sorry for the ick photos. Pictures in the bathroom are a booger. It is a small, narrow space, and I ended up climbing on top of the sink counter and into the bathtub. The lighting is akin to a bat cave. You get the idea though.
John has a huge selection of clever signs in this series, so it was difficult to narrow it down to four. He also sells precut mats for the signs, and it was so totally worth it not to have to cut my own. He signs each print, and he even mounted them in the mats for me so all I had to do was plunk them in the 11x14 frames, which I found on the cheap at Michaels.
I sure need to freshen up that shelf. It's a couple of hobnail milk glass vases and Thing 1's flower girl basket that I stuck up there for lack of a better idea. It needs something. Maybe I should just ask Robyn to decorate a similar shelf and send me a photograph.
Funny about that shower curtain, both me and Robyn fell in love with it and bought it about the same time. But then she took hers back and totally one-upped me by sewing a much lovelier curtain a la AMH. The nerve.
P.S. I wanted to thank you guys for the lovely response to the needle books! I will make more, but it might be a few weeks. I apologize to those who didn't snag the one they wanted! I will try to figure out a better/more fair way to get the word out.
P.S. I wanted to thank you guys for the lovely response to the needle books! I will make more, but it might be a few weeks. I apologize to those who didn't snag the one they wanted! I will try to figure out a better/more fair way to get the word out.
Posted by Larissa Holland at 11:19 AM 21 comments
Labels: artists that amaze me, decor
Monday, April 18, 2011
needle books now in the shop!
Note: Top row, third and fourth from the left, are reserved.
Two posts in one day! Just thought I'd give a shout about the shop update. Maybe your needles need a cozy, handmade place to hang out? If so, hop to the shop.
Posted by Larissa Holland at 1:37 PM 6 comments
Labels: felt crafts, the shop
Spring Board Winner!
Through the magic of random number pickery, Rachel of Nest Full of Eggs is the new owner of the Gramma Wolfie Doll! Rachel, contact me and we'll get your prize in the mail.
And to answer some of your questions, yes, this will be a pattern, and also there will be a Little Red doll pattern. Soon. Ish. Soon-like. Well, as soon as I can.
My Heather doll, a small Raggedy Ann made by my Mama Graham,
and my big Raggedy Ann.
and my big Raggedy Ann.
Thanks everyone for sharing your favorite dolls and doll memories. I had some great laughs from them, especially the stories featuring evil older brothers. I started feeling really nostalgic about my two dolls and wondering what ever happened to them, and then it dawned on me they are both in my cedar chest. Duh! I went and dug them out and was really embarrassed at the sad shape and the dirtiness. At this point, I can't even wash them because I'm afraid they'll fall apart. The feet on my Raggedy Ann are split like that because I always walked her around by holding her in front of me and kicking her feet in unison with mine. I will have to make her some tight fitting booties or something to keep her stuffing from coming out.
See, my Raggedy Ann also had a heart that said "I love you" on her chest. My next-to-me sister and I both got one at the same time, and when she ripped the face on hers I remember she kept trying to pass it off as mine. Or was that our Snoopy dolls? If I have trust issues, I blame you, Libby. :-)
Posted by Larissa Holland at 11:11 AM 7 comments
Saturday, April 16, 2011
more needle books
Update: There is a pattern available for this now: the Flora Needle Book pattern, available for instant download at Etsy and Craftsy.
This new batch is finished! I had a great time picking out new color combos and trying some different things.
They are all handmade of wool and wool-blend felts, and the covers have been fortified with fabric stiffener to make them a bit more durable. They each have a loop for hanging, and a button/string closure. Inside are four felt pages for parking your needles.
I'll be listing them in the shop, hopefully by Monday afternoon.
Posted by Larissa Holland at 8:23 PM 21 comments
Wednesday, April 13, 2011
Spring Board: What big eyes you have, Gramma. And should you be drooling like that?
Comments are now closed! Thanks so much!
"Oh! It's so good to see you, dear little Red. My, you've grown. Wait here just a moment, I have to put away my knitting." (Pinches cheek)
"Okay, I'm back. Yes, it's VERY VERY good to see you, little girl. Come here. Give Gramma a biiiig hug." (Licking chops)
Hi, Everybody! Isn't this a hoot? A warm welcome to all first timers who are here via Knitty Bitty's Spring Board. It's Wednesday and that is my day to reveal what I made with the Spring Board pack! You've already seen the awesome handmade goodness and giveaways that were revealed on Monday and Tuesday, right? Be sure to visit to each Board Member's blog to get in on their fabulous giveaways all this week.
To sum up about the Spring Board concept: a group of creative bloggers each received a package containing two fat quarters, rickrack, a cotton doily, a square of unbleached cotton and a spring challenge: Imagine something up, make it, blog it and give it away!
So, you guys knew I was going to make a doll, right? When I saw the polka dot print, rickrack and the doily that settled it. Just perfect for a two-faced doll. I couldn't help myself, even though it will hurt to give her away.
Gramma is on one side, telling you to have another cookie, and Wolfie is on the other side, squeezing your arm to test for tenderness.
The doll was made using most of the items from the Spring Board stack, along with some odds and ends from my stash. Gramma's face is the unbleached cotton, with wool-blend felt nose and hair, safety eyes, and stitched details. I snipped the doily to make her shawl after I reinforced it with stitches so it wouldn't fall apart after snipping.
Her feet are some thrifted corduroy. There's the rickrack around the bottom of the dress.
On the wolfie side, the big blue safety eyes look kind of wall-eyed and a little crazed. Which I guess is pretty normal for a hungry wolf. Wolfie's face is made of some thrifted gray cotton and felt odds and ends.
Gramma Wolfie's arms (both sets) are appliqued felt. She's stuffed with polyfil. The only thing I didn't use was the green plaid print, which will be joining my stash for future creative endeavors.
It was a fun challenge and of course I enjoy bringing anything from folk tales to life. All she needs is a little Red doll to sit next to her. That's where YOU come in, my friend. Because if you make one comment below, you will be entered in the giveaway to win this Gramma Wolfie doll for your very own, and then you can challenge yourself to sew her up a little Red friend. Winner will be announced on April 18th!
It would be nice to hear what your favorite childhood doll was too. Mine? It was a tie between my oversize Raggedy Ann and my Heather doll (you remember Heather: best friend to Holly Hobbie).
Many thanks to Fabric Shoppe for sponsoring the event and providing the materials, along with some extra fabric! Be sure to visit her shop for some great fabric deals.
And get ready to see what Gussy Sews has to reveal tomorrow!
Posted by Larissa Holland at 7:00 AM 91 comments
Tuesday, April 12, 2011
enough about you. let's talk about me.
If you would like to know more about what makes me tick and get in on yet another giveaway (yes, I know, you are thinking it's almost too many giveaways and enough with the giveaways already), visit SewSpoiled's blog for her interview with me and then enter the giveaway for four chances at a Baby Binky Bunny Pattern! If you already know that I'm kind of a crafting loony, then you can skip the interview and just enter the giveaway. Feel free to taunt me in the comments.
P.S. It's the last two days for the HAPPY3RD coupon in the shop! Be sure to take advantage of the 20% discount before EOD tomorrow.
Posted by Larissa Holland at 6:00 AM 3 comments
Labels: giveaway, misc. info
Saturday, April 9, 2011
get ready for the spring board
Image via Knitty Bitties
Do you need a creative kick in the pants? Get ready for a week of inspiration and some crazy good giveaways. Spring Board is a week-long creative collaboration of bloggers and is the brainchild of Knitty Bitties' Andrea Taddicken, a talented sewer and etsy shop owner. The kick-off is this weekend, and Monday the fun begins in earnest.
The gist: Each member of the board (including myself) was gifted with the pretty pack of fabric and notions you see above (sponsored by the good folks at Fabric Shoppe). What we created with it was limited only by our imagination. I do love a challenge. And, wait for it...each item will be given away to one lucky reader. So there will be seven chances for you to win a lovely, handmade item for your very own, but limitless opportunities for you to be inspired. Visit Knitty Bitties for the details, and check back with her each day this coming week to see the next reveal intro.
Well, I can just hear your craft gears clink-clinking. What would you make with the kit? If you would like a chance to win a lovely tied-up stack just like it and find out, hurry over to Knitty Bitties to meet the other members of the board enter her kick-off giveaway today. (Giveaway will end Monday, April 11th at 12AM {MST})
Posted by Larissa Holland at 10:14 AM 6 comments
Labels: giveaway, mystery post, sewing
Friday, April 8, 2011
duvet cover reveal
You guys will be happy to know you won't hear me whining about sewing these two duvet covers anymore.
I'm very happy with how both of the covers turned out, and Thing 1 and Thing 2 just love them (it's a good thing too). They are so bright and cheerful in their room. Best of all, these things are OUT of my craft room. Yesss. Huge weight off my Towering Guilt Pile of Unfinished Projects.
I also sewed up a ruffled pillow sham (the subject of a tutorial coming soon) and the other pillow sham was purchased and then festooned with handmade yo yos.
On a whim I also sewed a couple of quick swiss dot pillow cases to go with the new stuff. I also would like to make a couple of cute accent pillows as finishing touches, but I haven't worked around to that yet. It's on the list.
Posted by Larissa Holland at 6:00 AM 51 comments
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text:
Imagine, if you will, that you live in an impoverished community in an underdeveloped nation. Your one-room hut has a dirt floor without electricity or running water. You have to a make a fire just so you can cook. Food is scarce but you do your best to feed your children.
Then a western charity gives you a cow (or goat, or maybe a flock of chickens) so you can use this animal to improve your life. Sounds good, right?
Not so fast.
Ever raised a cow? Tried predator-proofing a chicken coop? Taking care of animals is hard to do. It's a real burden, especially for people trying to raise a family and meet their basic needs.
Livestock costs a lot. Animals get sick and require vet care, they drink a lot of water (water that might not be easily accessible), and they eat food that could be used to feed people. Animals eat more than they produce. Often the price of food for livestock is greater than the money families can get from selling milk or meat.
The chances of the animals getting good care (when people can't give their families proper care) are slim. Sometimes animals are used as currency and are bartered away. Other times children are pulled out of school to tend to the animals.
Eating high on the food chain isn't wise. But western charities promoting western lifestyles and diets, would make you think it's ideal. By introducing western eating habits, they're introducing western diseases. The majority of people in countries where livestock is gifted are lactose intolerant anyway, so what good is a dairy cow?
The environmental costs of bringing more animals into a region are high too. Water pollution and waste runoff is one issue; desertization of land is another. Raising animals for food is a bigger contributor to global warming than all forms of transportation combined.
As a vegan, I care about animals. That's why I can't give money to charities that promote the mistreatment and slaughter of animals. I also care about people, which is why I don't support charities that promote meat as an optimal food.
This holiday season, when you're looking for ways to help others, look for organizations that promote ethical, sustainable ways to invest in communities. Here are a few:
- Vegfam – Self-supporting, sustainable, plant-based food programs, and water resources.
- Trees for Life – Fruit trees, books, education, clean water, and fuel-efficient stoves.
- Plenty – Plant-based nutrition, healthcare, education, self-sufficiency, and disaster relief.
- A Well-Fed World – Plant-based nutrition, education, farm animal rescue, and food sharing.
- Kiva – Micro-loans for people to start small businesses and get themselves out of poverty.
- SALEM – Education, shelter, environmental protection, nutrition information, and vegetarian meals.
Further reading
- Animal People News – Livestock charities do not help poor nations.
- Examiner – Heifer International may do more harm than good.
- A Well-Fed World – The dark side of animal gifts.
- All Creatures – What's wrong with gifting animals?


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Mythbusting: Video In Email
As a Creative Director, my workday often revolves around crafting and optimizing email communications for big brands. So, I'm always intrigued when new technologies come along that allow me to put another tool in my kit. One of the most exciting developments […]
As a Creative Director, my workday often revolves around crafting and optimizing email communications for big brands. So, I'm always intrigued when new technologies come along that allow me to put another tool in my kit.
One of the most exciting developments to come along recently has been the use of video in email. Not the spoofed playback buttons overlaid on a static image, or even animated gifs that simulate video, but honest-to-goodness sound and motion video played directly in a recipient's inbox.
Why is this development so exciting? Well, email is a very brief and fleeting medium. Grabbing a user's attention and convincing them to take action requires the skill to captivate and activate in 3-5 seconds or less.
And, nothing helps people connect with content's purpose as quickly as video. It's easy to understand and people instantly emotionally engage with it in a way they don't often do with text and static images.
Motion Makes Email More Engaging
Rigorous testing of content has indicated that using motion in an email message is a very effective tactic. Even adding simple animations drive increased engagement and higher conversion rates. And, there's mounting evidence that a richer experience pushes those metrics to even greater heights. That alone makes video in email a technique worth exploring.
So, if video in email is potentially so effective, then why haven't more brands been using it? Well, up until fairly recently delivering video directly to the inbox posed a few problems. Big problems, in fact. So much so that I bet if you've been in the email sector for a while, you gasped when you read the headline "Video in Email." Why such a visceral reaction?
The Deliverability Nightmare
Previously, video playback required the use of a 3rd party plug-in, like Flash or Quicktime, and email clients abhor 3rd party plug-ins. Plug-ins are a significant security risk to email clients as they can allow viruses and malicious code to sneak in and wreak havoc.
This meant that an email containing video that depended on a plug-in was likely to get sent to the bulk folder, or caught up in a spam filter, preventing the message from even reaching the inbox. Poor deliverability has been the source of many an email marketer's nightmare. Even with the plug-in installed, and the email delivered, rendering support was spotty, meaning that the user experience was often disappointing.
But, Video Is Too Big
Another major issue had been file size. Lighter emails mean faster downloads, and video files are not light. In fact, just a few seconds of video can easily top out of 10 MB or more. When best practices recommend the use of files sizes of 101 KB or less, a file that is over a thousand times that heavy seemed like insanity. Who would wait minute-upon-minute for an email to download?
All in all, video in email had acquired a bad reputation as mad, bad and dangerous to send. Most email marketers decided to hunker down and play it safe by sticking to images and text, and including links to video hosted on landing pages when needed.
But then, something started happen in 2012. Major brands like Avon, Barney's, Bloomingdale's, Brookstone, Discovery, Disney, HP, AT&T, TomTom and Victoria's Secret slowly started to test the waters again. What had altered so drastically to make video in email less dangerous and more desirable? Primarily, two key advances have changed the game.
1. The Advent Of HTML5 And Its Widespread Support By Email Clients
HTML5 is an open standard which is supported by a shockingly high number of email clients. This means we are able to use a simple HTML5 <video> tag to deliver video to the inbox without the need for a 3rd party plug-in to almost all Web-based, mobile and desktop email clients. No plug-in needed; thus, no deliverability nightmare.
HTML5 also allows us to designate a list of media that can be displayed, letting the email client choose the best-supported format when the email is opened. In that list, we can include references to fallback media, like an animated gif or static graphic for those small number of email clients that won't allow a video format. No special segmentation needed, no additional versions of the email, just a snippet of code and a few versions of the content.
Though it can be a bit more labor-intensive than using a simple graphic, this technique virtually eliminates the risk of a poor user experiences. When done correctly, it's almost magical.
2. Use Of Hosted, Progressively Downloaded Video Files
Video files, no matter how small or how short, will always end up heavier than email best practices will recommended. However, with a progressive playback, we can allow users to begin to watch a video without requiring them to download the entire file before it begins. Not only does this mean almost instant access to video playback on a desktop environment, but mobile devices on a 3G+ connection will experience a smooth video experience as well. Pretty cool.
So, with two of the major technical barriers set aside, it's time to move past the myth that video in email is difficult and troublesome and start learning how to refine its use effectively.
As with most things, the devil is in the details, and wading into video in email does take some research and expertise. The topic may very well warrant a follow up series of how-tos. In the meantime I'll share a few key resources that I found helpful when I became brave enough to tackle video in email again:
Opinions expressed in this article are those of the guest author and not necessarily MarTech. Staff authors are listed here.
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I am an artist experienced in graphic design, illustration and concept work.
Drawing inspiration from urban art and comic books, as well as working with a wide range of both traditional and digital mediums, I can bring a unique and fresh style to any project.
Filipe Aguiar © Copyright 2010


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The state of the States is a recurring theme worldwide, with designers taking a political stand in their collections being shown this month. With New York, London, and Milan under our belts, it seems that human rights are on everyone's minds this fashion cycle.
Prabal Gurung created tee shirts inspired by the issues of the Women's Marches, and hopes to be able to allow purchasers a choice of which charity the proceeds from their shirt will support. An immigrant himself, Gurung feels he owes it to the country that gave him so many opportunities, to use his voice to promote justice.
Jonathan Simkhai made his views clear by wearing an activist tee shirt while taking his bows at his recent show.
The tee is available for pre-sale on his website, and will cost $95, with proceeds going to Planned Parenthood.
Public School put their own tongue in cheek spin on things, with their red "Make America New York" caps.
Meanwhile, across the pond, Donatella Versace incorporated impowering messages into her Versace runway collection:
One of the most meaningful statements came from Missoni, who sent all of the models down the runway for the finale, wearing pink pussy hats, which were also the gift left on editors and buyers seats at the show. Designer Angela Missoni took a moment to address the crowd, stating. "There is a bond between us that will keep us strong and safe. The bond that unites all those who respect human rights. Let's show the world that the fashion community is united and fearless!"
This activism started last season, with Maria Grazia Chiuri notably showing a feminist statement tee shirt with an embellished skirt at Dior.
We expect to see the trend continue to develop as Paris Fashion Week begins, and even more designers choose to use thier platforms to entice, as well as incite us to take action.
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Last Tuesday I went to SOAS for a launch of a book by David Landy called Jewish Identity and Palestinian Rights – Diaspora Jewish Opposition to Israel. Anti-Zionist celebrities Tony Greenstein and Deborah Fink were in the audience.
Landy sees his book as "academic" even though, when it comes down to it, he is just another anti-Zionist propagandist and boycotter of Israel.
I haven't read the book but I imagine, based on Landy's talk, that in it he provides justification for direct action against Israel based on two lies; Israel's "ethnic cleansing" of the Palestinians in 1948 and Israel's unequal treatment of Palestinians now.
Landy is described as "an Irish-Jewish academic, active in the Palestine solidarity movement. Formerly chair of the Ireland Palestine Solidarity Campaign, he is currently based in Trinity College Dublin where he teaches contemporary social and cultural theory, and race and migration."
In the book he critiques the "Jewish opposition to Israel" movement. For instance, he asks whether pro-Palestinian activism is really more about the activists, who tend to drown the Palestinians in victimhood, than the Palestinians.
It is a fair point because at "pro-Palestinian" meetings it is rare to actually discuss the Palestinians, except in the context of Israel's supposed oppression of them. You learn nothing about the Palestinians themselves, although that would be interesting.
Then again the Palestinians have defined themselves, or have been defined, solely by their opposition to Israel. And jfjfp are also defined solely by their opposition to Israel. Landy explained that the use of "Jews" in the name of the organisation is sensible because Israel, he thinks wrongly, wants to speak for all the world's Jews.
Landy started by explaining his reason for writing the book. He said that the pieces written about "Jewish opposition to Israel" were mainly "unsympathetic" and written by the likes of Anthony Julius and Geoffrey Alderman, which he described as being:
"Equivalent to the KKK giving their opinions on what the white civil rights movement in the United States was up to. It's the same kind of level. It's done to discredit the movement."
Here is Landy at SOAS in his own words:
But what intrigued me more than anything were Richard Kuper's speeches.
Kuper is a jfjfp and stalwart anti-Zionist activist. The Neturei Karta provide the main extremist religious Jewish opposition to Israel's existence and the jfjfp provides the main extremist secular opposition to Israel's existence. Both NK and jfjfp promote BDS.
So it would be interesting to understand how jfjfp define their Judaism. jfjfp seems to reject both Jewish religiosity and any type of Jewish peoplehood (Zionism), so what is left?
Jewish culture? But doesn't the culture stem from the religion? Without the religion there would be no culture.
Human rights? But then all religions are concerned with that.
Kuper says he hasn't been to synagogue since his barmitzvah. He also praised Jewdas (which has all of 5 members) for "sticking two fingers up to the institutions of the Jewish community".
He condemns the "narrowness" and "religiosity" of the traditional Jewish community and talks of "new, younger Jews whose Judaism is much weaker, but very deeply felt, than the kind of orthodox Judaism with which I was brought up":
How can one's Judaism be "weaker, but very deeply felt" and what does this Judaism consist of?
Is this Judaism solely about condemnation of Israel and its existence?
Can it be that simple?
One commentator thinks that many anti-Zionist Jews have either no children or no Jewish children. They are, in effect, "the end of the Jewish line" and, therefore, their thinking is that if they cannot have a family themselves they wish to deny that family to the Jewish people as a whole.
Meanwhile, here is Landy on the strength of diaspora Jewish opposition to Israel, which, he admits, is a "minority movement". "Minority" is an understatement to say the least:
After all this heavy philosophising and intellectualising jfjfp broke for red wine in the good old Hampstead intelligentsia tradition.


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The State of Louisiana just can't seem to wean itself of its involvement in the golf course business.
Even though several golf courses in Louisiana have gone under in recent months, the state continues to invest its resources into the construction and management of several facilities across the state.
Most recently, the Office of State Purchasing received proposals for the management of the Black Bear Stay and Play Lodge at the Poverty Point Reservoir State Park near Delhi.
While the proposed bid opening was on Jan. 4, no contract has been awarded, nor has any information been forthcoming as to the bidders' identities or if the bid opening was even held on schedule.
The 7,100-yard, 300-acre course was designed by Bechtol Russell Golf of Austin, Texas, and constructed by Weitz Golf International. It is operated under the administration of the Department of Culture, Recreation, and Tourism (DCRT).
The request for proposals (RFP) stipulates that lodge personnel shall include a "first-class" hotel manager, meaning that he or she must be knowledgeable, experienced, and effective, and that the contractor shall submit a detailed monthly accounting of all transactions.
The lodge includes 17 guest rooms, a swimming pool and fenced tennis court and maintains a 61 percent occupancy rate, according to the RFP, which also said the DCRT "intends to work diligently with the successful proposer to ensure the profitability of a Stay and Play Lodge operation at Black Bear Golf Course. The economic, professional, social, and recreational elements critical to the success and image of a quality golf environment are foremost in consideration."
The RFP also said the State Legislative auditor, federal and internal auditors of the Division of Administration "shall have the option to audit all accounts directly pertaining to the contract for a period of five years" after the contract goes into effect. "Records shall be made available during normal working hours for this purpose," it added.
A check of the Legislative Auditor's web page could find no instance of an audit ever having been conducted of either the Black Bear Golf Course or Poverty Point Reservoir State Park.
The Louisiana Legislature last year appropriated $301,000 for the Black Bear Golf Club and since 1997 the state has poured more than $141 million into golf courses all over the state.
The Black Bear course was constructed on private property owned by the Poverty Point Development Corp. under the auspices of the Louisiana Department of Transportation and Development as part of a retirement community developed by State Sen. Francis Thompson and his brother, Mike Thompson. Once completed, the golf course was donated to DCRT with the proviso that a "professional manager" be appointed to administer the day to day operations of Black Bear.
The manager who was initially appointed was Mike Thompson. Thompson was convicted in federal court in January 2010 for violation of the Hobbs Act and in July, he was sentenced to 18 months in the federal correctional facility in Pollock. Specifically, Thompson was charged with having an employee of the Poverty Point Reservoir District perform work on Thompson's private property during the time the employee was on the clock at the district.