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Court Opinions
CRIMINAL PRACTICE: Merger, Sentencing, Aggravated Assault, Murder, Possession of a Knife, Juror Qualification, Right to Remain Silent, Effective Assistance of Counsel, Jury Charges; EVIDENCE: Witness Credibility, Character, Prior Crimes, Cross-Examination
Alert: The trial court erred in failing to merge the defendant's aggravated assault conviction with his felony murder conviction, as the aggravated assault conviction was the predicate felony of the greater charge.
Subject Matter Index: Aggravated assault conviction, vacated, and case remanded for resentencing, as trial court erred in failing to merge aggravated assault conviction with defendant's felony murder conviction, since aggravated assault conviction was predicate felony of greater charge; however, convictions for murder and possessing knife during commission of felony, affirmed, as evidence, including defendant's jailhouse confession to another inmate that he killed victim and hid knife and shirt that he had been wearing at named location, where officers later recovered them, supported his convictions; trial court did not abuse its discretion in failing to remove prospective juror for cause, as juror expressed her opinion regarding flaws in criminal justice system but never indicated that she had formed fixed and definite opinion about whether defendant was guilty; defendant was not entitled to mistrial, after detective testified that when he read defendant ' "his constitutional rights, he invoked[,] so he refused . . . he refused to give a statement as to what happened," ' since defense counsel elicited complained-of response regarding invocation of defendant's right to remain silent and evidence of defendant's guilt was otherwise overwhelming; trial court did not err in not requiring jury to specify predicate felony for its verdict after it directed verdict of acquittal on only other felony charge of burglary; defense counsel was not deficient for failing to object to harmless testimony from detective on cross-examination that defendant invoked; defense counsel was not deficient for failing to object and draw attention to testimony by pathologist that he had bias to truth; trial counsel was not deficient for failing to adequately prepare defendant to testify about his prior convictions, since no evidence showed that he was aware that defendant would volunteer that he had numerous convictions of which State had no proof and of which defense counsel was unaware; no evidence showed reasonable likelihood that trial's outcome would have differed, but for defense counsel's failure to request charge on good character evidence; record belied defendant's contention that defense counsel was deficient with respect to his cross-examination of inmate to whom defendant confessed.
Headnote: The Supreme Court vacated Robert A. Sears' aggravated assault conviction and remanded the case for resentencing, holding that the trial court erred in failing to merge the aggravated assault conviction with Sears' felony murder conviction, since the aggravated assault conviction was the predicate felony of the greater charge. However, the Court affirmed Sears' convictions for murder and possessing a knife during the commission of a felony, holding that the evidence, including Sears' jailhouse confession to another inmate that he killed the victim and hid the knife and the shirt that he had been wearing, at a named location, where officers later recovered them, supported his convictions. The Court also held that the trial court did not abuse its discretion in failing to remove a prospective juror for cause who expressed opinions regarding faults in the criminal justice system, but indicated that she had formed a fixed and definite opinion about whether Sears was guilty. Next, the Court held that Sears was not entitled to a mistrial, after a detective testified that, ' "when I read [Sears] his constitutional rights, he invoked[,] so he refused . . . he refused to give a statement as to what happened," ' since defense counsel elicited the complained-of response relating to the invocation of Sears' right to remain silent and the evidence of Sears' guilt was otherwise overwhelming. Finally, the trial court did not err in not requiring the jury to specify a predicate felony for its verdict, after it directed a verdict of acquittal on the only other felony charge of burglary; defense counsel was not deficient for failing to object to harmless testimony by a detective on cross-examination that Sears invoked; defense counsel was not deficient for failing to object and draw attention to the testimony by a pathologist that he had bias to the truth; trial counsel was not deficient for failing to adequately prepare Sears to testify about his prior convictions, since no evidence showed that he was aware that Sears would volunteer that he had numerous convictions of which the State had no proof and of which defense counsel was unaware; no evidence showed a reasonable likelihood that the trial's outcome would have differed, but for defense counsel's failure to request a charge on good character evidence; and the record belied Sears' contention that defense counsel was deficient with respect to his cross-examination of the inmate to whom Sears confessed.
Text: Blackwell, Keith R., JusticeRobert Allen Sears was tried by a Chatham County jury and convicted of the murder of Isaiah Lovett, aggravated assault, and possession of a knife during the commission of a felony. Following the denial of his motion for new trial, Sears appeals and asserts several claims of error, including that the trial court erred when it failed to merge the aggravated assault into his murder conviction. We agree with Sears that the failure to merge was error, and we vacate his conviction for aggravated assault and remand for the trial court to sentence him again. We find no merit in the other claims of error, however, and we otherwise affirm the judgment of the trial court.1
1. Construed most strongly in support of the verdict, the evidence shows that Sears went on the morning of August 29, 2008 to the Savannah boarding house in which Lovett lived. Several residents overheard Sears banging on the door to Lovett's room and yelling about a lawnmower that Lovett apparently had borrowed. A neighbor saw Lovett emerge from his room, and he observed Lovett and Sears engaged in a physical altercation, which left Lovett bleeding profusely from several stab wounds. Lovett subsequently died of those stab wounds. Although no one testified that he saw Sears with a knife during the altercation, Sears's shirt was covered in blood afterwards, and he was seen with a knife as he fled from the boarding house.
When Sears was apprehended by law enforcement later that morning, the blood of the victim was found on his hat, and lacerations consistent with the stabbing of Lovett were observed on his hands. While Sears was in jail, he told another inmate that he killed Lovett, and he said that he hid the knife, as well as the shirt that he had been wearing at the time of the stabbing, inside a shed on property on which he had been staying. The inmate informed law enforcement of the confession, and when police officers went to the shed, they found the knife and shirt, on both of which was Lovett's blood.2 The evidence was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Sears was guilty of the crimes of which he was convicted. Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979).
2. We turn now to the contention that the trial court erred when it failed to excuse a certain prospective juror for cause. During voir dire, this prospective juror said that she "tend[ed] to put a lot of weight on what law enforcement people, what their opinions are." She also said that the criminal justice system has numerous "loopholes" that allow guilty persons to "get[] off scot free just because one little thing wasn't done," that she "sometimes think[s] that there are more rights for criminals . . . than . . . victims," and that the criminal justice system involves a "revolving door" by which persons are released from prison only to commit crimes again. Whether a prospective juror should be excused for cause is committed to the discretion of the trial court, and as we have acknowledged before, the discretion of the trial court in this respect is broad. Sharpe v. State, 288 Ga. 565, 566 (3) (707 SE2d 338) (2011). See also Harrison v. State, 309 Ga. App. 454, 454 (1) (711 SE2d 35) (2011) ("A trial judge is uniquely positioned to evaluate whether a prospective juror can render an impartial verdict, considering that the trial judge, unlike appellate judges, can observe a prospective juror in person and take account of her demeanor and countenance, not just the words that she speaks."). We review the failure to excuse a prospective juror for cause only for an abuse of discretion, Herrera v. State, 288 Ga. 231, 235 (6) (702 SE2d 854) (2010), and we see no abuse of discretion here.
A trial court should excuse a prospective juror for cause when it appears that the juror "holds an opinion of the guilt or innocence of the defendant that is so fixed and definite that the juror will be unable to set the opinion aside and decide the case based upon the evidence and the court's charge upon the evidence." Cade v. State, 289 Ga. 805, 807 (3) (716 SE2d 196) (2011) (citation omitted). That a prospective juror has expressed a generalized belief about the credibility of law enforcement officers does not require that she be excused for cause, so long as the juror appears willing and able to fairly and impartially consider the evidence, her generalized belief notwithstanding. See, e.g., Foster v. State, 248 Ga. 409, 410-411 (3) (283 SE2d 873) (1981) (that prospective juror indicated that he would tend to believe the testimony of law enforcement officers whom he had known for his whole life over the testimony of persons whom he did not know did not require that he be excused for cause, especially where he assured that he would impartially and fairly evaluate the testimony given at trial); Tennon v. State, 235 Ga. 594, 596 (2) (220 SE2d 914) (1975) (that prospective jurors expressed a "belief in the truthfulness of police officers" did not require that they be excused for cause). Likewise, that a prospective juror has expressed some generalized concerns about the criminal justice system does not require that she be excused for cause. Cf. Rice v. State, __Ga.__,__(3) (b) (Case No. S12P1309, decided Oct. 29, 2012) (that prospective juror expressed frustration about prosecution of crimes of which his sister was a victim did not require that the juror be excused for cause).
The prospective juror at issue in this case never indicated that she had formed a fixed and definite opinion about whether Sears was guilty of the crimes with which he was charged. See Hargett v. State, 285 Ga. 82, 84 (3) (b) (674 SE2d 261) (2009). To the contrary, she explained that she "believe[d] in being true and fair and honest and trying to judge things accordingly . . . ." For these reasons, we cannot say that the trial court abused its broad discretion when it declined to excuse this prospective juror for cause. Hubbard v. State, 285 Ga. 791, 793 (2) (683 SE2d 602) (2009); Holmes v. State, 269 Ga. 124, 126 (2) (498 SE2d 732) (1998).
3. We next consider the contention that a mistrial was necessary after a detective testified that, "when I read [Sears] his constitutional rights, he invoked[,] so he refused . . . he refused to give a statement as to what happened." On appeal, Sears argues that this testimony amounted to an improper comment upon his invocation of the right to remain silent and that it was sufficiently prejudicial to require a mistrial. But at trial, Sears said nothing about a comment upon his silence. Instead, Sears told the trial court that a mistrial was necessary because the detective had improperly commented upon his invocation of the right to counsel. For this reason, whether Sears adequately preserved the claim of error that he urges on appeal�that a mistrial was required by an improper comment upon his silence�is doubtful.3 See Wallace v. State, 272 Ga. 501, 503 (2) (530 SE2d 721) (2000) (defendant failed to preserve claim that testimony improperly commented upon his exercise of right to remain silent where he failed to object on that ground at trial and instead objected only that the testimony was "unfair" and "prejudicial"); see also Allen v. State, 272 Ga. 513, 515 (5) (530 SE2d 186) (2000).
Nevertheless, even assuming that this claim of error was adequately preserved, it is without merit. It is true enough that testimony commenting upon the silence of the accused is, generally speaking, "far more prejudicial than probative." Patterson v. State, 285 Ga. 597, 602 (5) (b) (679 SE2d 716) (2009). But the improper admission of prejudicial testimony does not always require a mistrial. See Allen, 272 Ga. at 515 (5). A motion for mistrial is committed to the discretion of the trial court, Rafi v. State, 289 Ga. 716, 720 (4) (715 SE2d 113) (2011), and ordinarily, the denial of such a motion amounts to an abuse of discretion only when "it is apparent that a mistrial is essential to the preservation of the right to a fair trial." Brinson v. State, 289 Ga. 551, 552 (2) (713 SE2d 862) (2011) (citation and punctuation omitted). Whether an improper comment upon the silence of the accused was harmful enough to imperil the fairness of the proceedings and to require a mistrial depends upon a number of circumstances, including the context of the improper comment, the prejudice generated by the comment, and the strength of the evidence of guilt adduced at trial. See Allen, 272 Ga. at 515-516 (5).
Here, the detective made the comment at issue in response to questions about his awareness of any threats that might have been directed to Sears. These questions were put to the detective by defense counsel, and the prosecuting attorney asked no questions about Sears invoking his rights and did not attempt to make any use of the testimony that Sears had invoked his rights. Moreover, the evidence of guilt in this case was overwhelming. The jury heard the testimony of an eyewitness to the stabbing, as well as the testimony of witnesses who overheard Sears confronting the victim on the morning of the stabbing. The jury also heard the testimony of the inmate to whom Sears confessed, testimony that was corroborated by evidence that the inmate directed police officers to the location where the knife and bloody shirt had been stashed. And Sears himself admitted at trial that he was present when the victim was stabbed, that he knocked the knife from the hand of the victim, and that he hid the knife afterwards. In these circumstances, we conclude that any improper comment upon Sears having invoked his right to remain silent was harmless beyond a reasonable doubt, and no mistrial, therefore, was required. See Collins v. State, 289 Ga. 666, 668-669 (2) (715 SE2d 136) (2011); Allen, 272 Ga. at 516 (5).
4. We turn next to the claim that the trial court erred when it failed to require the jury to specify the predicate felony upon which it found Sears guilty of felony murder and possession of a knife during the commission of a felony. Sears reasons that he was indicted for two predicate felonies�burglary and aggravated assault�but the trial court directed a verdict of acquittal on the burglary count, so the jury was authorized to consider only aggravated assault as a predicate. Sears argues that, because the trial court failed to require the jury to specify the predicate on which it based its verdict as to felony murder and possession of a knife, we cannot know that the jury did not base its verdict on burglary, and his felony murder and possession of a knife convictions must be reversed. See Thompson v. State, 271 Ga. 105, 108 (2) (519 SE2d 434) (1999) (where conviction for one of several underlying felonies is reversed on appeal, and jury failed to specify the predicate felony on which its guilty verdict as to felony murder was based, felony murder conviction must be reversed). We disagree.
When the trial court directed a verdict of acquittal on the burglary charge, it instructed the jury that it was "removing count one, burglary, from your consideration," and it charged that "you are not to entertain count one in this indictment." Moreover, the trial court did not instruct the jury on the elements of burglary, and no reference to burglary appears on the verdict form. In these circumstances, we see no possibility that the jury might have based its verdict as to felony murder and possession of a knife during the commission of a felony upon burglary, and we find no error in the failure of the trial court to require the jury to specify a predicate felony for its verdict. See Miller v. State, 275 Ga. 730, 738 (6) (571 SE2d 788) (2002).
5. We now consider the contention that Sears was deprived at trial of the effective assistance of counsel. To prevail on his claim of ineffective assistance, Sears must prove both that the performance of his lawyer was deficient and that he was prejudiced by this deficient performance. Strickland v. Washington, 466 U. S. 668, 687 (III) (104 SC 2052, 80 LE2d 674) (1984). To prove that the performance of his lawyer was deficient, Sears must show that his lawyer performed his duties at trial in an objectively unreasonable way, considering all the circumstances, and in the light of prevailing professional norms. See id. at 687-688 (III) (A); see also Kimmelman v. Morrison, 477 U. S. 365, 381 (II) (C) (106 SC 2574, 91 LE2d 305) (1986). And to prove that he was prejudiced by the performance of his lawyer, Sears must show "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Strickland, 466 U. S. at 694 (III) (B); see also Williams v. Taylor, 529 U. S. 362, 391 (III) (120 SC 1495, 146 LE2d 389) (2000). This burden, although not impossible to carry, is a heavy one. See Kimmelman, 477 U. S. at 382 (II) (C). We conclude that Sears has failed to carry his burden.
(a) In Division 3, we considered whether the trial court erred when it denied a motion for mistrial that followed testimony by a detective on cross-examination that Sears had "invoked" and had "refused to give a statement as to what happened." Later in the cross-examination of the same detective, defense counsel asked a question about the extent of the investigation undertaken by the detective, and the detective responded that, after Sears was taken to the police station, "I read him his constitutional rights. He invoked and we . . . collected all his clothing and he was transported out to the jail." Upon this second mention of Sears having "invoked," his lawyer made no objection at all and did not move again for a mistrial. Sears claims that the failure to do something in response to the second mention of him having "invoked" was ineffective assistance. We disagree.
As we explained in Division 3, an improper comment upon an invocation of the right to remain silent sometimes may be harmless, and in this case, the first mention of Sears having "invoked" was harmless and did not require a mistrial. The second mention of Sears having "invoked" was more cryptic than the first, which explicitly linked the invocation to Sears refusing to give a statement, and we fail to see how it could be harmful when the first was not. Because Sears has not shown that the second mention of him having "invoked" was harmful, he has failed to show that he was deprived of the effective assistance of counsel with respect to the second mention. See Allen, 272 Ga. at 516 (6) (a) ("Based on our holding that any error in the admission of the investigator's testimony [that amounted to a comment upon the silence of the accused] was harmless, trial counsel's failure to object to this testimony constitutes neither deficient performance nor prejudice to [the defendant].").
(b) The State called a pathologist to testify as an expert at trial, and on direct examination, the prosecuting attorney asked the pathologist whether he had "a bias one way or another," considering that the pathologist was employed by the Georgia Bureau of Investigation. The pathologist responded that "I have bias to the truth." Sears contends that this testimony amounts to improper bolstering and that his lawyer should have objected. At the hearing on the motion for new trial, however, the lawyer explained that he did not object to this testimony because he did not think it was very harmful. Moreover, a reasonable lawyer might have worried that objecting would only draw attention to the testimony. See Atkins v. State, 274 Ga. 103, 105 (5) (549 SE2d 356) (2001). Given the deference that we owe to the reasonable judgments of trial counsel, McCutchen v. State, 276 Ga. 532, 533 (579 SE2d 732) (2003), and considering that Sears has failed to show that he was harmed in any meaningful way by this testimony, he has failed to carry his burden to show that the failure of his lawyer to object to this testimony amounts to ineffective assistance.
(c) When Sears testified at trial, his lawyer asked him on direct examination about his prior convictions. From the discovery that the lawyer had obtained from the State and reviewed with Sears before trial, the lawyer knew that Sears had some prior convictions and that, if Sears did not discuss them on direct examination, the prosecuting attorney might bring them out on cross-examination. So, the lawyer had discussed the prior convictions indicated by discovery with Sears and had prepared him to testify about them. At trial, however, Sears volunteered on direct examination that he not only had the convictions noted in the discovery, but also that he had numerous other convictions. Sears contends that his lawyer failed to adequately prepare him to testify with respect to his prior convictions.
At the hearing on the motion for new trial, the lawyer explained that he was surprised when Sears volunteered at trial that he had been convicted of "a whole series of other charges that we didn't have proof of[.]"4 There is nothing to suggest that the lawyer should have known about these additional convictions or should have anticipated that Sears would bring them up for the first time while testifying. Because we are required to evaluate the conduct of Sears's trial lawyer from his perspective at the time and "to eliminate the distorting effects of hindsight," see Johnson v. State, 286 Ga. 787, 791 (2) (692 SE2d 575) (2010), we conclude that the performance of the lawyer as it relates to preparing Sears to testify about his prior convictions was not deficient.5 Compare Dixon v. State, 268 Ga. App. 215, 220-221 (2) (b) (601 SE2d 748) (2004) (trial lawyer's performance was deficient because she introduced evidence of a prior conviction based on her mistaken belief that it was already in evidence; but deficiency still did not amount to ineffective assistance because evidence of guilt was overwhelming).
(d) Sears claims that his lawyer should have requested a jury charge on good character evidence, inasmuch as one witness testified that Sears's reputation for peacefulness was good. Even assuming that the lawyer rendered deficient performance when he failed to request such a charge, Sears must show a reasonable likelihood that, absent the deficiency, the outcome of his trial would have been different. He has failed to do so.
In Lucas v. State, 279 Ga. 175 (611 SE2d 55) (2005), we explained:
A proper instruction should be given in every case where the accused puts his character in issue; but in the absence of a timely request, an omission to give a specific charge on the subject will not require a new trial. It is only in exceptional cases where the court fails to charge relative[] to the good character of the accused that a new trial should be granted.
Id. at 176 (2) (citation omitted). Lucas was not an "exceptional case" because the good character evidence there was countered by evidence of bad character and the prior convictions of the defendant. The same is true here. "Considering the overwhelming weight of the evidence . . . and the adequate instructions given to the jury on the credibility of witnesses," Sears has not shown a reasonable likelihood that, absent his lawyer's failure to request a charge on evidence of good character, the result of the trial would have been different. Id. at 176-177 (2).6
(e) Finally, Sears claims that his lawyer was ineffective with respect to his cross-examination of the inmate who testified that Sears had confessed to stabbing Lovett. First, Sears says that his lawyer should have elicited testimony from the inmate that the inmate had received a favorable sentence on a recent conviction as a result of his cooperation with the prosecution of Sears. But even at the hearing on his motion for a new trial, Sears failed to produce any evidence that the inmate received a favorable sentence because he agreed to cooperate with the State. And while Sears claims that his lawyer should have asked the inmate about his pro se attempts to withdraw his guilty plea and receive favorable treatment in exchange for his willingness to testify, the record shows that Sears's lawyer did ask the inmate about his pro se pleadings. Likewise, Sears also claims that his lawyer should have asked the inmate about his numerous prior convictions, but the record shows that his lawyer did ask the inmate about convictions that were not too old to be admitted pursuant to OCGA § 24-9-84.1 (b). And Sears has not come forward with any legal theory under which the remaining convictions about which his lawyer did not ask would have been admissible. The record does not support the claim of ineffective assistance with respect to the cross-examination of the inmate, and that claim, therefore, provides no basis for reversing the judgment of conviction. See Cruz v. State, 305 Ga. App. 805, 812 (3) (d) (700 SE2d 631) (2010).
6. Sears also claims that the trial court erred when it failed to merge the aggravated assault into his conviction for felony murder, and when it imposed a sentence of 20 years of imprisonment on the aggravated assault conviction, to be served consecutive to the sentence of life in prison for the felony murder conviction. The indictment charged Sears with felony murder by causing the death of Lovett "while in the commission of a felony, to wit: burglary and aggravated assault and possession of a knife during the commission of those crimes . . . ." The aggravated assault count charged Sears with assaulting Lovett with a knife, an object that, when used offensively against another, is likely to result in serious injury.
"When the only murder conviction is for felony murder and a defendant is convicted of both felony murder and the predicate felony of the felony murder charge, the conviction for the predicate felony merges into the felony murder conviction." Culpepper v. State, 289 Ga. 736, 737 (2) (715 SE2d 155) (2011) (citation omitted); see also OCGA § 16-1-7 (a) (1) (prohibiting conviction of more than one crime if one crime is included in another). The State suggests that Sears committed two separate aggravated assaults, one that caused non-fatal injuries and was the basis for the aggravated assault conviction, and one that caused fatal injuries and was the basis for the felony murder conviction.7 But as in Green v. State, 283 Ga. 126, 130 (2) (657 SE2d 221) (2008), neither the indictment nor the court's charge to the jury specified that Sears was being tried for two separate aggravated assaults, and so we cannot conclude that the jury found Sears guilty of one aggravated assault to support the felony murder conviction and of a separate aggravated assault to support the independent aggravated assault conviction. As a result, Sears's conviction for aggravated assault must be vacated because it merged into the conviction for felony murder, the sentence for aggravated assault must be vacated, and the case must be remanded to the trial court for resentencing. Mikell v. State, 286 Ga. 722, 724-725 (3) (690 SE2d 858) (2010); see also Coleman, 286 Ga. at 295 (3).
Judgment affirmed in part, vacated in part, and case remanded for resentencing. All the Justices concur.
1The events that form the basis for the convictions occurred on August 29, 2008. Sears was indicted on November 12, 2008 and charged with malice murder, felony murder, aggravated assault, burglary, and possession of a knife during the commission of a felony. The trial commenced on November 16, 2009, and after the trial court directed a verdict of acquittal on the burglary count, the jury returned its verdict on November 19, 2009, finding Sears guilty of felony murder, aggravated assault, and possession of a knife during the commission of a felony. The jury acquitted Sears of malice murder. Sears was sentenced to imprisonment for life for felony murder, imprisonment for a consecutive term of 20 years for aggravated assault, and imprisonment for a consecutive term of 5 years for possession of a knife during the commission of a felony. Sears filed a motion for new trial on November 20, 2009, and he amended it on June 27, 2011. The trial court denied the motion for new trial as amended on November 15, 2011. Sears timely filed his notice of appeal on December 14, 2011, and the case was docketed in this Court for the April 2012 term and submitted for decision on the briefs.
2At trial, Sears testified in his own defense, and he claimed that Lovett's neighbor, Ramel Roberson, actually killed Lovett. Sears admitted that he went to the boarding house on the morning of the stabbing to get a lawnmower that he had loaned to Lovett. But by Sears's account, as he was knocking on Lovett's door, Roberson came over and started yelling about some money that Lovett owed Roberson. Lovett then came out of his room with a knife, Sears said, and when Sears knocked the knife from Lovett's hand, Roberson picked it up and stabbed Lovett. Sears claimed that Roberson asked him to take the knife and hide it in his shed. It was for the jury, of course, to assess the credibility of this testimony. See Williams v. State, 287 Ga. 199, 200 (695 SE2d 246) (2010).
3Sears asserts that, if his lawyer failed to renew the motion for mistrial and thereby failed to preserve the denial of the motion for appellate review, the lawyer rendered ineffective assistance. But the preservation problem is not that the lawyer failed to renew the motion, it is that the motion was based at trial on grounds other than those urged on appeal. And in any event, the trial court did not abuse its discretion when it denied the motion, see infra, so any shortcomings of the lawyer with respect to the motion do not amount to ineffective assistance.
4Sears testified that, in addition to forgery and theft, he had been convicted of "possession of crack cocaine, trafficking crack cocaine, DUIs, things of that nature. Nothing serious." (Transcript; Vol. 9; p. 440)
5In any event, before Sears volunteered the information about his driving under the influence and drug-related convictions, he already had attempted to mitigate the seriousness of his forgery and theft convictions by explaining that he committed those crimes only because he was "strung out on drugs" and needed to "support [his] crack habit." Given that Sears had already informed the jurors of his significant drug problems, it is difficult to see how he was prejudiced by his later testimony that his criminal record included the drug-related convictions. And given the testimony about numerous felony convictions, we fail to see how Sears was additionally prejudiced by admission of evidence that he also had been convicted of driving while intoxicated.
6In addition, to the extent that Sears has shown, or that we have assumed, that his lawyer's assistance was deficient because he failed to object to the detective's testimony that Sears "invoked" and because he failed to request a jury charge on good character evidence, we also find that the cumulative effect of any such deficiencies did not create a reasonable likelihood that the outcome of the trial would have been different but for any deficient performance. Schofield v. Holsey, 281 Ga. 809, 811 (II), n. 1 (642 SE2d 56) (2007).
7Indeed, a separate judgment of conviction and sentence for aggravated assault is authorized "if a defendant commits an aggravated assault independent of the act which caused the victim's death." Coleman v. State, 286 Ga. 291, 295 (687 SE2d 427) (2009) (citation omitted). In determining whether there was an aggravated assault independent of the fatal assault, we consider both the order and timing of the assaults.
When a victim suffers multiple wounds inflicted in quick succession, each infliction of injury does not constitute a separate assault. However, a separate judgment of conviction and sentence is authorized if a defendant commits an aggravated assault independent of the act which caused the victim's death. When a series of stab wounds are separated by a "deliberate interval" and a non-fatal injury is sustained prior to the interval and a fatal injury sustained after the interval, the earlier, non-fatal infliction of injury can serve to support a conviction for aggravated assault.
Culpepper, 289 Ga. at 738-739 (2) (a) (citations and punctuation omitted). Here, however, there was no evidence of a "deliberate interval" separating the infliction of any non-fatal wounds and any fatal wounds. Instead, the undisputed evidence was that the wounds were delivered in quick succession.
Trial Judge: John E. Morse, Chatham Superior Court.,
Attorneys: Steven L. Sparger, Savannah, for appellant. Larry Chisolm, District Attorney, David E. Perry, Chief Assistant District Attorney, Reginald C. Martin (District Attorney's Office), Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.,


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BWW Interviews: Christopher Sieber Talks LA CAGE AUX FOLLES Tour & More!
Christopher Sieber is currently playing the role of Albin/Zaza in LA CAGE AUX FOLLES on tour. Christopher's career has been unique and diverse. He has been on TV and Broadway and brings his own life's experiences to the role of Albin/Zaza. Christopher was also priviledged to play the role of Georges on Broadway. He is the only actor who has ever played both lead roles in LA CAGE. He shared with us his experiences and lessons he has learned over the years as a performer and details of his current role as Albin/Zaza.
You have done so much in your career in show business from TV roles to Broadway. Each role seems so different from the last. Tell us about some of the most memorable characters you played over the years. How do you prepare for each role?
Some of my favorite roles? Well, I loved being in Spamalot. That was heaven and playing Sir Dennis, Galahad, Prince Edward's Father, the Black Knight; all of that; they were just absolutely ridiculous to be able to do that. And then of course Lord Farquaad in Shrek. I'm very proud of that one because I helped to create a lot of that part for the Broadway production. That was a lot of fun. So much of me went into those parts. The great thing now as you see it is done around the country and regional theatres, there's a part of me that is now with those productions which is really kinda cool. As far as preparing for the part, I kind of like to see it, read it and throw out some ideas. During Spamalot, I had this opportunity to work with Mike Nichols and Eric Idle; he is of the Pythons and remember early on him saying, "Don't tell me what's funny, show me what's funny." You just throw things out there. It's almost improv in a way but if something strikes you, just do it. If it sticks then great, but if it doesn't work, abandon it. I like to throw things out there and see where it heads and make big mistakes. I like to fail because you can't be brilliant unless you fail and I like to try things and stink up the place for a while and see what works and see what sticks.
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I would have to say David Hyde Pierce is one of my favorites to work with because he is just so good in everything. Not only is he really funny on stage and screen, he is so generous and wonderful as a person and just to be with him, he is gracious to everyone he meets. He is truly an amazing person. And Hank Azaria because he was so much fun to work with as well. He is like a twelve year old. We always had to stop him from going off somewhere. He was a lot of fun to work with. Sara Ramirez was terrific. She was so much fun to play with. Judith Light. I loved working with Judith Light. She was so wonderful. There are so many more positive people that I've worked with over the years, more than negative. I think there are two negative people that I have worked with in my career that I never want to see again. The good thing about working with great people is that you get to take an essence of their performance of who they are. It's not like you are stealing or anything, it's that there's something about them that you take away. Every great person I've worked with has contributed to where I am now because I was able to take something from them; that essence that they have and I've been able to use that in every part that I do even further.

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04.10.2014 - 2014 Wheat Montana Junior Golf Tour
WELCOME!! On behalf of the Advisory Board at Wheat Montana Junior Golf, we would like to invite you to join us for another year of fun, competitive golf. Please Click the link below for a full list of events and contact information.
2014 Wheat Montana Junior Golf Site
11.15.2012 - Vitamin Cottage stores update
Vitamin Cottage stores in TX, NM, CO, ID, MT, WY, AZ, NE, OK, KS, and UT now carry Wheat Montana's 5# flour. Hurry in and get yours soon.
10.04.2012 - Are Wheat Montana products Non-GMO?
Yes, please review our Non-GMO statement attached here for further details.
08.21.2012 - Winning Recipes at Montana State Fair 2012
Logan Stene won the Youth division for the Single Rise Whole Wheat Bread recipe. The Adult division was won by Andrew Gould for the Gram's Whole Wheat Bread and Rolls recipe. Finally the Sweepstakes winner was Aimie Hackigian Gould for the Armenian Cheoreg recipe. Please go to the Wheat Recipes to find and try your favorite one.
07.23.2012 - Fire Prevention in Montana
Extreme heat and low relative humidity are a recipe for dangerous wildfire. Please use caution when performing any outdoor activities that may create a spark to ignite a wildfire. Many parts of the State are currently in fire restrictions. Visit www.firerestrictions.us/mt or contact your local land management office to see how these restrictions may affect you. Be careful, Montanas wildfire season has just begun.
07.09.2012 - Wildfire Prevention
Montana wildfire Season is upon us. Over 300,000 acres have burned in Montana this year and most fires have been caused by human carelessness. We can do our part to prevent any further wildfires from plaguing our state. Fire restrictions are currently in place and fireworks are prohibited in most areas. To learn more about fire restrictions, please visit www.firerestrictions.us/mt or contact your local land management office.
07.07.2012 - Emma's Bread Experiment
Emma performed a bread making experiment using Bronze Chief, Prairie Gold, and spelt wheat. Click on the following link to see the video and hear the great results. Wheat Experiment
WELCOME!! On behalf of the Advisory Board at Wheat Montana Junior Golf, we would like to invite you to join us for another year of fun, competitive golf. Please Click the link below for a full list of events and contact information.
2012 Wheat Montana Junior Golf Site
05.02.2012 - Facebook Recipe Contest Winner
Congratulations Sara Floyd for winning our first Facebook Recipe Contest! Sara started using Wheat Montana products about 3 years ago when she made the healthy decision to switch to Whole Grains. Sara lives in OH and was married last year. She loves cooking, watching football (Go Lions), playing beach volleyball, tennis, and saving money! Thanks Sara for your recipe and being a loyal Wheat Montana customer. Sara won a great prize package of Wheat Montana gear and products. Keep watching for our next contest on Facebook!
02.21.2012 - Farm to Table Video
Our Wheat Montana Farm to Table video is now available for viewing on our website at www.wheatmontana.com. The footage of our beautiful valley, clear rivers, and wheat covered farm land are wonderful. Please take a few minutes to meet some of our crew and learn a lot about our family owned company!
01.20.2012 - Natural Products Expo West
Wed like to invite all of you to the Natural Products Expo West show in Anaheim, CA March 9-11th. Well have a wonderful booth displaying our Grain, Flour, and Bread products. Our Farm to Table story is so fun to share with people, we cant wait to visit with you. Please stop by our booth, number 5565, in the Anaheim Convention Center and check out the Expo site, www.expowest.com, for more information on the show!
01.04.2012 - Watch Our Crops Grow
To view a photo gallery of our crops growing throughout the year, select the Crop Watch menu item or select the following link:
Wheat Montana Crop Watch
Wheat Montana Crop Watch
09.08.2011 - Wheat Montana at Muralt's Travel Plaza Opening
After much anticipation - and hard work - the new Wheat Montana Bakery & Deli located at Muralt's Travel Plaza will be opening this Saturday, September 10th. Just in time for the Griz football home opener!
08.24.2011 - That's How Country Boys Roll video
Click on the following link to see a video of Wheat Montana Farms from the air: Wheat Montana Flip Video
08.08.2011 - New Deli Opening - Muralt's Travel Plaza
Wheat Montana welcomes the newest member of the Wheat Montana Bakery & Deli family! Muralts Travel Plaza - a family operated truck stop that has proudly served the trucking industry and the motoring public for over 30 years - will unveil their new Wheat Montana Bakery & Deli facility in mid-August. At the junction of I-90 & US 93, this new location is a great addition to our current stores in Western Montana Kalispell and Missoula Reserve Street. Like our other Bakery & Deli locations, this store will offer Wheat Montana breads, flours and grains for purchase. Open for breakfast, lunch & dinner serving our famous sweet rolls, baked goods, sandwiches, soups and salads.
07.15.2011 - Wheat Montana Junior Golf Tee Times
Click the link below to see this week's tee times.
2011 Wheat Montana Junior Golf Site
11.17.2010 - Bulk Wheat Distributor
Wheat Montana is excited to announce that Wal-Mart Super Centers across the nation are now carrying our Bronze Chief and Prairie Gold Wheat in 25lb bags. Wal-Mart distribution allows us to reach many customers at a much lower price point than ordering directly from our family farm in Three Forks, MT. The list of most Wal-Mart locations carrying the wheat is attached in our Dealer Locator section of the web-site, or select the links below. Check them out!
Bronze Chief Wheat Distributors
Prairie Gold Wheat Distributors
09.27.2010 - New Wheat Montana Cereal
Wheat Montana is excited to introduce its new Cereal Line. We now have four delicious and highly nutritious cereals to start off the cool mornings. Try all four and pick a favorite! These are also great incorporated in baked goods and homemade granola bars. The awesome new clear packaging and zip-lock top make for easy storage in your kitchen and the new smaller size wont take up much room. Enjoy!!
09.13.2010 - New Flour Bags Coming to a Store Near You!
Wheat Montana is happy to unveil our new packaging for the 5 and 10 pound bags of flour. We have state of the art re-sealable bags that will stand up to wear and tear in your kitchen. The new bags have clear areas on the front, back, and bottom so you can view the farm fresh product. Were certain you will love this new design as much as we do! Look for it in your local grocery store soon.
08.25.2010 - Extreme Harvesting Video
Check out this video of some extreme harvesting being done for Wheat Montana.
06.03.2010 - June Wholesale Promotions
For our loyal Wholesale customers, we're now offering monthly promotions. Please check out the June Promo's. A list of the promotional items are also available on the Mill Information page.
WELCOME!! On behalf of the Advisory Board at Wheat Montana Junior Golf, we would like to invite you to join us for another year of fun, competitive golf. Please Click the link below for a full list of events and contact information.
2010 Wheat Montana Junior Golf Site
02.09.2010 - New National Sales Manager - Dan Scott
Wheat Montana Farm is excited to announce that we have recently hired Dan Scott as the National Sales Manager for Flour & Specialty Grains. Dan will be focused on expanding our wholesale grain business. Dan joined our company in January and is now activity pursuing new business.
Dan has extensive experience in the baking industry as both a manufacture sales rep for Puratos and as a general manager of a Bakemark branch in Phoenix. Were thrilled to have Dans leadership on our team.
Dan Scott
National Sales Manager
Specialty Grains & Flour
Wheat Montana Farms
Feel free to contact Dan with any questions or future opportunities.
We appreciate your support.
Dan has extensive experience in the baking industry as both a manufacture sales rep for Puratos and as a general manager of a Bakemark branch in Phoenix. Were thrilled to have Dans leadership on our team.
Dan Scott
National Sales Manager
Specialty Grains & Flour
Wheat Montana Farms
Feel free to contact Dan with any questions or future opportunities.
We appreciate your support.
06.30.2008 - Signature Ceramics Are Coming Back!!!
Due to incredible demand, we're bringing back our signature series of Wheat Montana ceramics!! Look for us to have your favorite Bronze Chief, Prairie Gold or Natural White coffee mugs or canisters and our great Wheat Montana chili bowls in late spring. To pick them up in person, visit us in Three Forks or at one of our popular locations around Montana, Washington or Idaho. To place an order, call 800-535-2798 or visit us at www.wheatmontana.com.
03.26.2008 - Yields Magazine Article
12.27.2007 - Boise Franchise Opportunity
Huge franchise opportunity in the suburb of Eagle, Located in Boise ID. Join us with this franchise opportunity where two other Wheat Montana stores are already present in the market.
Call Jason Rummer 406-582-4545 or by email at email@example.com
07.01.2006 - Big Sky Coffee at Wheat Montana
What is the perfect complement to a fresh out-of-the-oven pastry or a yummy muffin? It has to be a cup of fresh brewed Big Sky Coffee - Wheat Montana's own private label coffee introduced in December of 2007. Available at all of our bakery's by the cup and, of course, pick up a bag to take home while you're there! Wheat Montana pastries and Big Sky coffee - there's nothing better!
Wheat Montana isn't going anywhere, But - With some outside help - the Three Forks staple is making plans for expansion.
Read the rest of the article now
By Nicole Rosenleaf Ritter of the Bozeman Daily Chronicle
Wheat Montana Bread now available in the Spokane, WA and Coeur d Alene, ID area.
The famous Sow It, Grow It, Dough It bread of Montana is now available in the Spokane/Coeur d Alene area. Wheat Montana offers many different fresh breads, bagels, rolls and buns. We carry the best Whole Wheat Bread and offer alternatives such as Spelt Bread and 6 Carb Bread. Please check your favorite super market for our delicious Wheat Montana breads, rolls, and buns. If you have any questions about delivery or availability in this area please call our friendly staff at 509-484-7094.
Click to view our line of Baked Goods
Baking a Better BusinessBy Dale McDonald
From wheat to retail, there's nothing but growth for this familyVertical integration has long been championed as a way to break through the doldrums of commodity markets. The idea, of course, is to capture more profit from your staple crop by creating value-added products.
Dean Folkvord and his father Dale, owners of Wheat Montana Farms near Three Forks, Mont., have taken that concept about as far as it can go.
Of all the things we do. Dean says, the most profitable is to grow wheat, mill it, bake it, and sell a sandwich out of our store and restaurant. Its by far our highest margin business.
The also sell dozens of specialty grains, operate a flour mill for wholesale and retail customers, sell a variety of baked goods nationally, recently began franchising the Wheat Montana restaurant concept. Currently there are seven stores in Montana, and Dean says a move out of state is next.
Long Road. The Folkvords road to integration began in 1978, when Dale decided to expand his 600-acre wheat farm to 3,000. Dean was finishing high school that year Dean was finishing high school that year, he says, and we talked about partnering on the new farm. I wanted him with me, but I told him he needed to go to college and bring something back.
Dean went to Montana State University and in 1982 he brought two things back: a degree in ag business, and a host of new ideas.
My graduation present was an IBM computer, Dean says. and I set up an office and began focusing on the business side of farming. We started no-tilling, using an air seeder to seed directly into stubble, and experimented with a million different things. We were early adopters who got to see a lot of ideas fail. But we figured things out.
Five years later, they decided to concentrate on baking quality rather than yields, and hooked up with a partner who grew hard white wheat. They grew it, milled it, baked buns, and had a successful test market at a McDonalds restaurant. Thats when they decided to pursue specialty grains.
Shaky Start. In 1989 we had a partner in the bakery and in the specialty grains, Dean says, and we thought we would just keep on being farmers. In 1990 that all imploded. The specialty grains guy disappeared, and the manager of the bakery couldnt handle it. So we had to decide whether to forge ahead on our own or go back to just farming. We bought the partners out, and focused on the bakery while my dad focused on farming. Our wives pitched in, too, and we just worked around the clock. Looking back, I really dont know how we did it all. In 1992 they made the big move, and decided to fully integrate the operation. That winter they broke ground on a new, fully integrated complex, one that would receive their grain in the back door and sell food products out the front door. The bakery had $400,000 in sales that year, and the Folkvords only looked ahead.
By 1997 the farm had grown to 11,000 acres, and in the year 2000 the companys sales figures topped $10 million. In 2000, we sold everything we could make, he recalls. We paid down a lot of dept and went to the next level. The bakery really got strong after 2000, and we began thinking about franchising. We sold the first franchise in 2003, where the franchisee pays $35,000 and we get 6% of sales. We produce fresh bread for those stores. More Growth. Size brings opportunity, Dean says. We invest all the money back into the business, and it has paid off. For example, last spring Burger King wanted us to provide buns for 22 stores inn Montana and Wyoming, and we could say yes because we have a facility to do the work. Its a volume business, and the overhead costs fall with every loaf that goes out the door. Weve also learned that when you open a deli, you sell more bread in the local grocery stores. The integration effect of brand development works in multiples.
So whats next? Weve taken the company about as far as a family can, Dean says. Now we are looking for partners so we can continue to grow and maybe take some of our own chips off the table. We are very serious about that. With more resources well be able to move into markets beyond Montana, and with confidence.


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I don't think he's in Berlin any longer?
We can throw some hate Jeff's way, because London's NYE options are also pretty fantastic.
I think I'm jealous of the events in Berlin all the time. And London.
Berlin: There are 31 events on this day.
Seattle: Dieselboy, Cosmic Gate, Rusko, and more OR Chus & Ceballos and Glitterbang
Yeah the talent is good and all in Berlin, but no one has mentioned the REAL highlight of clubbing there
ahhh can't wait to be back next month
That... looks intriguing.
I'm planning next summer's trip to Berlin. Really excited. My first time in the city I was taking a hiatus from electronic music, so I barely went out at all. Wish I had more vacation time, would like to stay there for a couple of weeks.
What are your favorite podcast/mix series. The ones you want to listen to every single week. The ones that consistently have artists you've never heard of, and those artists end up being consistently fantastic.
I need some too... all I have is Boiler Room. Need more mnml/tekno/house podcasts.
Smoke Machine: Rrose
soooo tasty
It doesn't really fit into the 'artists you're never heard of category, usually, but I download podcasts for XLR8R, RA, Boiler Room, CLR, the standards. There are also a couple of other non-techno ones I suscribe to and listen when I have time. Interested in what you guys have to share.
Anyone know of a way to get FACT podcasts to become an itunes subcription/managed podcast? I constantly forget to download it.
Electronic Explorations is good too (as well as smoke machine^^^). And I don't think they put them up via iTunes Heidi - at least I always just get them through the website.
Excited to dig into that Rrose mix - his previous mixes are top notch.
teshno also has some decent mixes from time to time:
I only download RA regularly, although I'm trying to keep up with FACT and XLR8R now too. It's just too much music. It's pretty much like getting 10 new albums every week in addition to the 30 or so that are actually albums.
Yea, I know that FACT doesn't make a podcast out of them, I'm just wondering if there is a way for *me* to turn it into a situation where they are automatically downloaded and added to iTunes... I tried looking for a RSS feed of their podcasts but apparently I'm stupid (or they don't support it). Having to visit the page and manually download them means that I remember once every few months...
Ugh tack on little white earbuds, mnml ssgs, beats in space, everything r_co puts up, tea and techno....too many mixes to listen to.
I thought both the azari and III essential mix and xlr8r podcats were fantastic. I really like apparats RA mix.
New xlr8r is disclosure. Starts a lil slow but builds into a massive yes.
finally popped up on youtube ...
Acid Pauli - Get Lost V
10/10 in my book. 2:30 of bliss.
^he's playing the next voodoo party
Nice. Thanks for the heads up. Does Voodoo have a website or anything besides their events on RA?
Heh. This was on my FB feed.
Tommy Four Seven playing atm:
Dropping some very nice stuff.
So L.I.E.S. topped RA's Top 20 Labels Of The Year list and I haven't heard a single fucking release from them. I just can't keep up.
That L.I.E.S. showcase was so damn good. Svengalisghost is definitely in my top 5 sets of the year


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About 75 percent of what your eyes tell you is an outright lie. And another 20 percent is half truth.
At 6 foot 3 and nearly 220 pounds, Brandon Hardin stands out.
He was a cornerback at Oregon State and in high school, but he will be a safety in the NFL.
That being the case, the third-round draft pick could have a more challenging transition to the pros than the average rookie.
"There is somewhat of a learning curve," Hardin said. "I'm thinking a lot more, playing a new position. I'm still thinking somewhat about the drops, trying to get quarterback reads, what the receivers are doing. The coaches tell me it will all come second nature eventually."
I asked secondary coach Jon Hoke what has been Hardin's most difficult transition so far.
"I would say having a feel for deep zones, knowing where he is back there," Hoke said. "Sometimes he'll get a little wide off a landmark. That and leverage angles, keeping the ball outside in or inside out. The more he does it at full speed, it will come."
Not only was Hardin a college cornerback, but he played mostly man-to-man. The whole zone concept is like a new language for him.
The position switch has worked well for his teammate Chris Conte. At California, Conte didn't become a safety until his senior season.
For the time being, Hardin is focusing strictly on free safety, which is the position that should be best for him. But once his head stops spinning, Hardin will learn strong safety as well.
Hardin, who was on the Pac-10 All-Academic team twice, should find his intelligence an asset.
"When you talk to him, he understands football," Hoke said. "He can talk the scheme to you. We do written tests in the offseason on formations, adjustments, those types of things. He has done a good job with it."
Even though Hardin is green, I'll be surprised if he does not factor into the Bears 2012 season.
Right now, he is competing for the third or fourth safety spot with Craig Steltz. Even if he ends up fourth on the depth chart, it is likely he will get a chance to play, given the team's history of changing safeties as frequently as you would change disposable contact lenses.
Given that he ran a 4.40 in the 40-yard dash, jumped vertically 351/2 inches, broad-jumped 10-4 and bench pressed 225 pounds 24 times, Hardin should be an immediate contributor on special teams.
The most intriguing way he could contribute quickly is as a package player.
In a league that is relying increasingly on big, athletic tight ends, defensive solutions are difficult to find. Hardin has the potential to be one.
He is that rare athlete who has strength, length and the ability to turn and run with a tight end such as the Packers' Jermichael Finley.
And even though safety is new to Hardin, he is experienced at covering tight ends.
"Throughout college I had to cover tight ends," he said. "That's fun. With a bigger body, I can use my athleticism and my size. Eventually if I come down and match up with a tight end, that's in my comfort zone, it's what I'm used to."
For Hardin to develop and contribute, he will have to stay on the field. He missed his senior season with a broken shoulder and a broken hand and sprained wrist affected him as a freshman.
During organized team activities, he was limited for a short spell because of a back issue.
In a perfect world, this season Hardin is a special teams player and defensive spectator.
"Hopefully we stay healthy and Major (Wright) and Chris keep improving and we can keep him in a special teams role as a backup and then start bringing him along," Hoke said. "If you keep bringing him along, you'll have something special."
That potential for something special is one of the few truths of minicamp.
Twitter @danpompei


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Lady Saints Shock Pirates, Move up PBC Standings
– The North Georgia women's soccer team picked up their
biggest victory of the year Saturday afternoon, scoring a goal in
each half and staving off a furious comeback by Armstrong Atlantic
in final minutes to defeat the Pirates 2-1 in Peach Belt Conference
North Georgia improves to 7-3-2 overall and 3-2-1 in the Peach Belt Conference with victory, winning their third straight game, while Armstrong Atlantic falls to 10-3-2 on the season, and 6-2 in the league.
The Pirates dominated early, putting pressure on the North Georgia defense in the first 15 minutes, but Kelly Penston turned the tide in the 17th minute as the freshman took a pass from Laura Lane off a deflection in the box and sent a shot just out of the reach of a sliding Tracey Mitchell to give the Lady Saints a 1-0 lead. The goal was Penston's team-leading sixth goal of the season.
North Georgia held their one-goal advantage into intermission, but struck again midway through the second period as Kelsey Martin headed a corner just inside the left post to send the Soccer Complex into celebration once again. Casey Smith recorded the assist on the corner, while Martin notched her fifth goal of the season on the play.
The Lady Saints marked the Peach Belt leader in goals, Kristin Burton, to perfection until the 83rd minute when she slid through the North Georgia defense and sent a header over the head of keeper Kirsten Ross, pulling the Pirates to within a goal at 2-1. Burton added another chapter to her storied career with the goal, her 18th goal of the season, and 83rd of her career to match the all-time mark in the Peach Belt Conference, now shared with former Clayton State standout Olaitan Yusuf.
The Pirates applied offensive pressure down the stretch, but the North Georgia defense remained solid, thwarting any scoring opportunity by Armstrong Atlantic in the final minutes to come away with the 2-1 conference victory.
Ross picked up the victory for North Georgia in goal, allowing the one Armstrong Atlantic Goal, while recording four saves. Mitchell suffered the loss for the Pirates, allowing both North Georgia goals while picking up three saves.
The Pirates outshot the Lady Saints 13-9, while holding a 7-3 advantage in corner kicks. The victory moves North Georgia to fifth place in the Peach Belt Conference standings, as the Lady Saints will look to finish in the season in the top four spots and host a PBC Tournament playoff game for the second time in as many years.
North Georgia will look to make it four in a row on Monday evening, traveling to the University of Montevallo to take on the Falcons in yet another Peach Belt Conference contest. The Lady Saints have experienced a little bit of everything against the Falcons over the years, posting a mark of 1-1-1 against Montevallo all-time. Kickoff is scheduled for 6:00 p.m.


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"The usual, political way to handle a projected deficit is to take last year's budget and cut. It is like taking last year's family car and reducing its weight with a blowtorch and shears. But cutting $2 billion from this vehicle does not make it a compact; it makes it a wreck. What is wanted is a budget designed from the ground up."
In BFO, last year's budget is not the starting point for incremental cuts and additions in the following year, so a new budget -- based on results citizens want -- is designed from the ground up. The BFO budget-building process includes these four steps:
Read More for Detailed Descriptions of each Step


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Hollywood Hunks Heat Up 85th Annual Academy Awards (PHOTOS)
By Daytime Confidential on February 25, 2013
Sunday's Oscars telecast were a big night for Argo's Ben Affleck and George Clooney, but they weren't the only Hollywood hunks looking dapper at the 85th Annual Academy Awards. See more Oscars red carpet photos after the jump!
Eddie Redmayne
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The easiest way to get Windows symbols is to use the Microsoft Symbol Server. The symbol server makes symbols available to your debugging tools as needed. After a symbol file is downloaded from the symbol server it is cached on the local computer for quick access.
If you prefer to download the entire set of symbols for Windows 8.1, Windows Server 2012 R2, Windows 8, Windows Server 2012, Windows 7, Windows Server 2008 R2, Windows Server 2008, Windows Vista, Windows Server 2003, Windows XP, or Windows 2000, then you can download a symbol package and install it on your computer.


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Join 5,000 people on a single mission - to strengthen communities and change lives through volunteer service.
The Points of Light Conference on Volunteering and Service - June 16-18, 2014 - is the largest convening of service leaders from all walks of life, sectors, races and religions, and political persuasions, united to lead the dynamic, ever-expanding, international volunteer service movement.
The 2014 Conference will be held in Atlanta, a city with a rich history of social impact and a promising future based on social entrepreneurship and business, faith-based leadership and institutions of higher learning. The Conference will showcase those on the forefront of the service revolution who have new ideas and proven solutions to tough community problems. Participants will hear from dynamic voices who meld digital prowess with down-home inspiration, provocative thinking with old-fashioned activism - to drive, empower and engage volunteers toward positive solutions.
Register early for a chance to win a Platinum Conference Package. The first 500 registrants will be entered into a drawing to win:
- Round-trip airline tickets to Atlanta, Georgia
- Backstage passes
- Premier seating at all events
- Hotel room upgrade
View Mayor Kasim Reed's commitment to Conference.


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Moderators: Cartographers, Global Moderators
natty_dread wrote:Well the neutral situation is something that pretty much can't be helped. It's a choice between having lots of neutrals or starting with 12 territories...
Personally I think 1v1 plays reasonably well most of the time... 2v2 is the best game type for the map that I've tried. I haven't tried other team games, multiplayer seems to be ok.
thenobodies80 wrote:No way to move your coded neutrals in other places?
thenobodies80 wrote:Maybe this map is beautiful for 5 and 7 players games but certainly they are not the most used game type on this site.
thenobodies80 wrote:the river? I think that with some work on it you can have a better map without destroying the current layout for 6 and 8 players.
It seems to me you're not so open to changes with your maps lately....
As said the "neutral wall" is not a big issue but it happens very often....this is what I don't like. It seems my cyprus map, but in that map there's a reason to have a wall....i can't find on efor this map. Just that.
natty_dread wrote:So, what exactly is it that you want me to do with this map? I haven't really heard any actual suggestions...
AndyDufresne wrote:...though moving around in the center of the map was sometimes troublesome because Doboj-Titovo-Trebinje can effectively be a wall, probably because of the river near Sarajevo.
thenobodies80 wrote:yes.
And as said I would like to have also Doboj that connects with Podrinje (remove the whole river to reach syrmia) but it's a bigger gameplay change, don't know if you like the idea. I'm not forcing you to change the map, just I think that those "random" neutrals doesn't help the player to move around in the central part of the map and that river is just add another obstacle. Don't know, just that i prefer to see players that fight "till the death" in the centre that see them run in the edges protected by central neutrals and impassables, wait and attack when ready using the sea/litoral territories or the northern part of the map.
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After the success of last year's Billy Strayhorn Festival, perhaps it was inevitable that the Music Institute of Chicago would convene a subsequent tribute to a major jazz figure.
This time, the two-day soiree will cast a spotlight on Benny Goodman, whose enormous achievements as clarinet virtuoso, bandleader, self-styled pop star and breaker of racial barriers clearly deserve the attention. Better still, the Music Institute has turned to two of this city's foremost players – jazz clarinetist Victor Goines and classical counterpart Larry Combs – to take prominent roles, each leading one evening of the festival.
For jazz listeners, Goines' appearance on Friday night at the Music Institute's Nichols Concert Hall represents a rare opportunity to hear a major clarinetist contemplating the accomplishments of a figure he has long admired. For Goines, the concert opens up a chance to dig deeply into music that challenges even the most proficient players.
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"He truly was a virtuoso," says Goines, a longtime member of the Jazz at Lincoln Center Orchestra and director of jazz studies at Northwestern University's Bienen School of Music. "Anybody who doesn't think he was a virtuoso should try to play his music. That's the greatest way to figure things out.
"He obviously studied the music of both genres – jazz and classical – and made a decision to spend most of his life playing jazz."
Why did Goodman, a child of poor Jewish immigrants living on the West Side of Chicago, gravitate toward jazz?
"I think it might have been due to the culture he grew up in in Chicago and the music that was played at that time," says Goines, referring to Goodman's youth here in the 1910s and '20s. "It gave him the greatest opportunity to express what he was dealing with."
Meaning that Goodman found his voice in a music born of the African-American experience, a sound that represented a kind of triumph over fierce racial discrimination. Moreover, Goodman came of age musically in the shadow of jazz pioneer Jelly Roll Morton and other New Orleans masters who converged in Chicago, the young clarinetist absorbing the syntax of jazz from the musicians who invented it.
Perhaps that's why Goines hears a "sense of the blues" in Goodman's playing. "He always had that in his sound. I didn't get the opportunity to hear him live, though I spoke with many people who did. Just the sense of the blues – you can hear it in every piece of music that he recorded."
It's no coincidence, then, that Goodman's earliest hit was his recording of "King Porter Stomp," a piece Morton composed at the dawn of the 20th century that ultimately became a Swing Era classic – thanks partly to Goodman's efforts.
But Goodman's repertory extends far beyond the familiar.
"Many times, people almost exclusively relate Benny to 'Sing, Sing, Sing' or 'King Porter Stomp,'" says Goines. "With this concert, to review what I wanted to do, it became difficult to pick tunes, because he played so much music, he recorded so much."
For the first night of the festival, devoted to Goodman's jazz side, Goines and faculty from the Music Institute of Chicago will open with repertoire Goodman played in trio and quartet settings, including standards such as "Liza" and "After You've Gone." Then the band will expand to play virtuoso pieces such as "Airmail Special" and "I Got Rhythm." Through the course of the evening, Goines will share the stage with vocalist Tammy McCann, trumpeter Victor Garcia, trombonist Audrey Morrison, pianist Aaron Diehl, bassist Marlene Rosenberg, vibist Thaddeus Tukes and drummer Ernie Adams.
As for why the Music Institute chose Goodman as its next jazz subject, the timing was right, says president and CEO Mark George. For starters, this year happens to be the 75th anniversary of the Carnegie Hall concert, when Goodman and his orchestra made their historic appearance at the shrine of classical music in 1938.
"So I went back and listened and got inspired," says George. "The more I started reading about him, his upbringing in Chicago and (his) being an icon for the Jewish diaspora, what he did for jazz, and it became a no-brainer."
That Goodman blithely ignored social/racial taboos by integrating his band with pianist Teddy Wilson and vibist Lionel Hampton only heightens his importance in American music and cultural history.
To pay fitting tribute to the clarinetist, who died in 1986 at age 77, the Music Institute did not have to look far to find its soloists.
"When Benny Goodman came to mind, we had a couple A-plus clarinetists in our backyard," says George, referring to Goines and Combs, former principal clarinetist of the Chicago Symphony Orchestra. "With those kinds of chops, we thought they'd be fantastic."
Goines' studies of Goodman's life and music in preparation for the program prompted him to devote most of his newest recording to this repertoire. "Morning Swing," which will be available at the concert, has nine selections, eight of them associated with Goodman, plus the title cut – a Goines original.
"So many times you play things, but you never get to document It and figure out what's going on in the music at this level," says Goines. So when planning for the Goodman festival began, "I made a decision that I would sit down and study this music and figure it out and document it."


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date city state venue 09/08/2013 Kenosha WI The Bandshell Pennoyer Park 09/07/2013 Kenosha WI The Bandshell Pennoyer Park 09/06/2013 Kenosha WI The Bandshell Pennoyer Park 08/09/2013 Hillsboro WI The Bullpen 08/08/2013 Hillsboro WI The Bullpen 08/03/2013 Black RIver Falls WI Camp NCN 06/28/2013 Kenosha WI Hawthorn Hollow Amphitheater 05/10/2013 Fox Lake IL Bay Billiards 04/20/2013 Chicago IL Underground Wonder Bar 04/06/2013 Kenosha WI Brat Stop 03/22/2013 Neenah WI Cranky Pat's 03/17/2013 Kenosha WI Hattrix 01/12/2013 Madison WI Mr. Robert's Bar
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He was preceded in death by his parents, stepfather John Girsch and Stepmother Ann Magrane. Surviving is his loving family Diane, son Johnathan (Teresa) Magrane of New Zealand, brother John Paul Girsch (Gigi) of South Lake Tahoe, sister Sharon Lewis of Portola, Calif., two stepsisters Leslie Girsch of Reno and Denny of Sparks, one nephew, one niece, four stepchildren and four step grandchildren.
Services will be held at Lutheran Church of Good Shepard located at California and Arlington on Sunday, Feb. 10 2008 at 2 p.m. under the direction of Pastor Carl Wilfred. In lieu of flowers, donations can be made to Lutheran Church of Good Shepard Lazarus fund, Washoe County Library, or SPCA.


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I have family in Laguna Beach and have stayed here twice. Unfortunately they have not been our best stays. The Hotel needs updating but that is no problem because it was clean. However, the staff was unfriendly to the point I avoided them. The food service was good, especially room service and restaurant. I loved our servers. Very good service... More
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- Holiday Inn Laguna Hills (Mission Viejo) Hotel Aliso Viejo
Location: United States > California > Orange County > Aliso Viejo
Ranked #2 of 2 hotels in Aliso Viejo