text:
Black Mamba.
Last night's NBA Kicks action included an exciting mix of new models and old standbys.
In the new model category, Kobe Bryant laced up the Black/Del Sol-Dark Grey-White for its first NBA game appearance. He finished with 21 points, 5 rebounds, and 1 assist in a 97-82 road loss to the San Antonio Spurs. Bryant officially debuted the Nike Zoom Kobe VI model on Christmas Day with the green mamba-inspired "Green Means Go" colorway.
Down in Miami, LeBron James chose the Nike LeBron 8 V/2, breaking his run in the original version of the LeBron 8, while teammate Dwyane Wade wore two colorways of the Air Jordan 2010 after briefly sporting the Air Jordan 2011 in Miami's yuletide matchup with the Lakers.
In Cleveland, Gilbert Arenas busted out the Air Jordan 11 Retro "Spacejam", which he wore earlier in the season as a Washington Wizard. The patent leather may have added a bit of shine to Gil's game, as he scored a team-high 22 points off the bench and added 6 rebounds and 11 assists to help the Magic to a 110-95 victory over the Cavs.
Many shoes continued duty as go-to's, including Tim Duncan's adidas Big Fundamental, Derrick Rose's adidas adiZero Rose, Amar'e Stoudemire's Nike Zoom Huarache Trainer, and Kyle Korver's Converse Star Player EVO.
These kicks and more straight ahead…


text:
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Penetrate Markets For Long Term Profits
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Long term strategies are important to get maximum profits from your internet marketing efforts. And there are proven methods to get you there.
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Penetrate The World Of Online Games
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Video games have already been a part of the kids'' entertainment sector for long periods now - the fact is, the old method was that games were thought to be just for kids. Whilst they have grown to be...
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Use ambient advertising and a business printer to penetrate the market
By: A McKie |
Ambient advertising came about because we needed more diverse methods of reaching the general public. Ambient advertising is an alternative method of attracting the attention of consumers.
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Plant Medicine Can Penetrate To Destroy The Molluscum Virus
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Molluscum contagiosum is a common skin disease. It is caused by a virus. This virus easily spreads from person to person. People can get molluscum by sharing towels and clothing. Wrestlers and gymnast...
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Penetrate the World Market with Website Design and Development Outsourcing from Manila, Philippines
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Use Custom Neon Signs to Penetrate the Senses of Busy and Bustling Would-Be Customers in the Streets
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In this age when all people seem to be thriving in fast-paced lifestyles, it becomes close to impossible to penetrate their senses. Opening up an establishment without any form of advertisement will not garner any form of attention at all.
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How To Stabilize A Virgin Island Vacation
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When you're wanting to create a means of rejuvenating your mind and body you might want to think along the lines of a BARBADOS REAL ESTATE. Taking care of yourself means something different to everyone but there is a universal calling on some level to experience royal treatment. There are many establishments that provide this very thing and get a great deal of pleasure from helping their constituents achieve optimal results.
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Lose Weight With Virgin Coconut Oil
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Health & Fitness
Most people have been struggling to shed weight and taking those undesirable fats out of the body. Some have even done unimaginable points but to no avail. A great deal of men and women tried consumin...
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Virgin Mobile Broadband
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The primary benefit of subscribing to any Virgin deal is its simple airtime pricing without any hidden fees, no contracts to sign and no money bills! Having a worldwide renowned brand name, distinctive style, excellent services and products.
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How to Choose Accommodation in Virgin Islands
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So, you want to take a trip to USVI (US Virgin Islands)? Rest assured that this is one of the most beautiful places for a short and wonderful visit.
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Plant Medicine can Penetrate to Eradicate Molluscum Thoroughly
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This article talks basics about molluscum contagiosum and treatment methods. The main treatment options for molluscum are manual extrusion, cryotherapy, curettage, oral medicine, or topical medicines. Plant medicine has the demonstrated ability to penetrate all layers of the skin and thoroughly eradicate molluscum infections.
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50 Million Open 361 Degrees Chipmakers Penetrate The Market In Guangdong
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"Coach, I can go to Athens it?" With China's badminton head coach Li Yongbo touched the face of television viewers simple and honest smile
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Virgin Pilot Walk Outs
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If you take your holidays in America or further out than Europe then an aeroplane is the only way you can go quickly, but it means that you are at the hands of airline staff who strike due to their wages, not to mention the current worry of volcanic ash as the worlds volcanic circles become more active.
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Difference Between Virgin Remy and Non-Virgin Hair
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Remy or Remi is not a brand name. The term refers to the characteristics in the collection of the hair. Everything Wigs selects premium quality un-damaged, healthy Remy hair. The hair is shinier, softer, more durable and has a longer life than non-Remy hair. Non virgin Remy has been chemically processed typically for texture or color.
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Explore Virgin Beauty of Caribbean Sea
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Vacationing on Caribbean Islands is a perfect way to take a break from your routine life and rejuvenate yourself by playing golf. If you can do anything for playing golf in the best golf courses around the world, plan Caribbean holiday. Trust, there is nothing in this entire world that can offer you such pleasure.
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Limited quantities available at this price. Please call 877-214-6875 during normal business hours to confirm availability. This is a final sale item and cannot be returned.As featured on The Today Show and in the November 2004 issue of Parenting Magazine, along with countless other publications, these do-it-yourself mural kits are every mom's dream. WallNutz mural kits are designed so that anyone can use them, even if you don't have an ounce of creativity. All you have to do is hang the pattern and transfer paper, trace over the design, follow the numbers and stay in the lines to paint in the correct color. You can stick to the pattern or add your own special touches. The acrylic craft paints that are used for the designs can be found at any craft store. We recommend using an eggshell, satin or semi-gloss indoor latex paint for the background, because any smudges from the transfer paper will wipe right off with a damp cloth. The transferred line is a dark blue, so patterns work best on a lighter colored background for viewing of the transferred pattern and will not show up on dark blue, green or black backgrounds. Kit includes pattern, transfer paper, instructions and color guide. Paints sold separately.. All artwork is a copyright of Wallnutz.
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Chapter 4 Section C
Sealing in Marriage
The Latter-day Saints regard the marriage ceremony performed exclusively within temple precincts, as the one and only perfect contract of matrimony. They recognize the full legal validity and moral obligation of any marriage entered into under the secular law; but civil marriages and indeed all marriages made without the binding authority of the Holy Priesthood they regard as contracts for this life only, and therefore lacking the higher and superior elements of a complete and perpetual union. They hold that the family relationships of earth may be made lasting and binding beyond the veil of death. They say that underthe perfect law operative in the celestial worlds, the earthly relation of husband and wife, parent and child, will endure in full force and effect, provided such relationship has been sealed on earth by the power and authority of the Holy Priesthood. The ordinary rite of matrimony as established by secular law, and as prescribed by sectarian rule, unites the man and the woman for this world only; the higher law of marriage as divinely revealed joins the parties for time and eternity.
"Celestial Marriage" is a term in current use among the Latter-day Saints, though it does not occur in any revelation contained in the standard works of the Church. The Church adopts and validates the scriptures of earlier dispensations with respect to marriage. It holds that marriage is honorable and ordained of God. Under the teachings of the Church, marriage is the duty of all who are not debarred by physical or other effective disability from assuming the responsibilities of the wedded state. The Latter-day Saints declare that part of the birthright of every worthy man is to stand at the head of a family as husband and father; and equally strong is the right of every worthy woman to be an honored wife and mother.
The Church denounces as false and pernicious the teachings of misled and morbid men who say that the union of the sexes is but a carnal necessity inherited by man as an incident of his degraded nature; and it repudiates the thought that celibacy is a superior condition more pleasing to God. Concerning such false teachers the Lord has spoken in this day:
"Whoso forbiddeth to marry is not ordained of God, for marriage is ordained of God unto man that the earth might answer the end of its creation, and that it might be filled with the measure of man, according to his creation before the world was made."
The Latter-day Saints affirm that perfect marriage provides for the eternal relation of the sexes. With this people marriage is not merely a contract for time, effective only as long as the parties shall live on earth, but a solemn covenant of union which shall endure beyond the grave. In the complete ceremony of marriage as ordained by the Church and as administered only within the temple halls, the man and the woman are placed under covenant of mutual fidelity, not until death do them part, but for time and for all eternity.
A contract as far-reaching as this, a covenant declared to be effective not only throughout the period of mortal life, but in the realm of the hereafter, of necessity requires for its validation an authority superior to any that man may originate. It is admitted without argument that men have the right to form among themselves associations and communities, to organize sects, parties, companies, churches, clubs, or any other union they may choose to create, provided, of course, such bodies are not inimical to law and order. It is further admitted that any established association of men may enact laws and ordain rules for the government of its members, provided the rights of individual liberty are not infringed thereby. Both church and state, therefore, may enact, prescribe, and ordain, lawful regulations as to marriage or as to any other form of contract; and such regulations are acknowledged to be of full effect within the domain of actual jurisdiction. Thus, marriages may be legally and properly authorized by states and nations, and the contracts of marriage so made are effective during the life of the parties thereto.
But, can it be said that any association of men may create and establish an authority that shall be effective after death? Can any power legislate beyond its lawful jurisdiction? Can a man sitting in his own home prescribe family rules for the household of his neighbor? Can our nation ordain laws that shall be valid in a foreign realm? Can man enact laws to regulate the affairs of the Kingdom of God?
Only as God delegates authority to man, with the assurance that administration under that authority shall be acknowledged in heaven, can any contract be made on earth and be of assured effect after the death of the parties concerned. Authority to act in the name of the Lord is the distinguishing characteristic of the Holy Priesthood. As the Lord hath said:
"All covenants, contracts, bonds, obligations, oaths, vows, performances, connections, associations, or expectations, that are not made, and entered into, and sealed, by the Holy Spirit of promise, of him who is anointed, both as well for time and for all eternity, and that too most holy, by revelation and commandment through the medium of mine anointed, whom I have appointed on the earth to hold this power, * * * are of no efficacy, virtue or force, in and after the resurrection from the dead; for all contracts that are not made unto this end, have an end when men are dead."
In application of this principle to the covenants of matrimony, the revelation continues:
"Therefore, if a man marry him a wife in the world, and he marry her not by me, nor by my word; and he covenant with her so long as he is in the world, and she with him, their covenant and marriage are not of force when they are dead, and when they are out of the world; therefore, they are not bound by any law when they are out of the world.
"Therefore, when they are out of the world, they neither marry, nor are given in marriage; but are appointed angels in heaven, which angels are ministering servants, to minister for those who are worthy of a far more, and an exceeding, and an eternal weight of glory;
"For these angels did not abide my law, therefore they cannot be enlarged, but remain separately and singly, without exaltation, in their saved condition, to all eternity, and from henceforth are not gods, but are angels of God, for ever and ever."
This system of holy matrimony, involving covenants for both time and eternity, is known distinctively as Celestial Marriage, and is understood to be the order of marriage that exists in the celestial worlds. This sacred ordinance is administered by the Church to those only who are adjudged to be of worthy life, fit to be admitted to the House of the Lord; for this holy rite, together with others of eternal validity, may be solemnized only within the temples reared and dedicated for such exalted service. Children born to parents thus married under the celestial law are heirs to the Priesthood; "children of the covenant" they are called; no ordinance of adoption or sealing is required to give them place in the blessed posterity of promise.
The Church, however, sanctions and acknowledges legal marriages for time only, and indeed solemnizes such unions between parties who may not be admitted to the House of the Lord, or who voluntarily choose the lesser and temporal order of matrimony.
Within the temple and not elsewhere, are marriages solemnized for and in behalf of parties who are dead. Husbands and wives who have lived in mortality together and now are dead, may be sealed under the authority of the Priesthood, provided, of course, the preliminary temple ordinances have been administered in their behalf. In the marriage rite for the dead as in other ordinances, the parties are represented by their living descendants acting in the capacity of proxy.
The ordinance of celestial marriage, whereby the contracting parties, whether living or dead, are united under the authority of the Holy Priesthood for time and eternity, is known distinctively as the ceremony of Sealing in Marriage. Husband and wife so united are said to be sealed, whereas if united under the lesser law for time only, either by secular or ecclesiastical authority, they are only married.
Husband and wife who have been married for time only, either by secular or ecclesiastical ceremony, may afterward be sealed for time and eternity, provided they have become members of the Church, and are adjudged worthy to enter the temple for this purpose; but no such confirmation of an existing union, nor any sealing of married persons is possible unless the parties furnish proof that they have been legally and lawfully married. No marriage of living persons is performed in any of the temples except under license duly issued as required by the laws of the state. The sealing ordinance extends to other associations than those of matrimony as will be shown.
The actuality of the sealing ordinance in marriage finds an illustration in the personal teachings of the Savior. On one occasion there came unto Him certain Sadducees, and these, be it remembered, denied the possibility of the resurrection of the dead. They sought to entrap Him by a difficult question. They thus stated their case:
"Master, Moses said, If a man die, having no children, his brother shall marry his wife, and raise up seed unto his brother.
"Now there were with us seven brethren: and the first, when he had married a wife, deceased, and, having no issue, left his wife unto his brother:
"Likewise the second also, and the third, unto the seventh.
"And last of all the woman died also.
"Therefore in the resurrection whose wife shall she be of the seven? for they all had her."
Note the sequel:
"Jesus answered and said unto them, Ye do err, not knowing the scriptures, nor the power of God.
"For in the resurrection they neither marry, nor are given in marriage, but are as the angels of God in heaven."
It is evident that in the resurrected state there could be no contest among the seven brothers as to whose wife the woman was,-for after death there was to be no marrying nor giving in marriage. The question of marriage between individuals was and is to be settled before that time. The woman would and could be the wife of but one in the eternal world, and that one the man to whom she was given by the authority of the Holy Priesthood on earth, as a consort for time and eternity. In short, the woman would be the wife of the man with whom she entered into covenant for eternity under the seal of Divine authority; and no contract or agreement for time only would be effective in the resurrection.
This exposition seems to have been convincing; the multitude were astonished, and the Sadducees were silenced; moreover some of the Scribes declared: "Master, thou hast well said." Our Lord added what appears to have been a supplementary question, coupled with instruction of the greatest import:
"But as touching the resurrection of the dead, have ye not read that which was spoken unto you by God, saying,
"I am the God of Abraham, and the God of Isaac, and the God of Jacob? God is not the God of the dead, but of the living."
Other Sealing Ordinances
Children born outside celestial marriage, yet within legally established wedlock, are the lawful and legitimate heirs of their parents in all affairs of earth. They are the offspring of an earthly union that is in every respect a legal, moral, and proper relation under the laws of man. That these children will belong to their parents in the hereafter is as uncertain as that the parents will belong to each other. The parents have been but temporally and temporarily married, and the offspring are theirs for the period of their own contract only. Even as husband and wife though legally wedded under the secular law must be sealed by the authority of the Holy Priesthood if their union is to be valid in eternity, so must children who have been born to parents married for time only be sealed to their parents after father and mother have been sealed to each other in the order of celestial marriage.
The Church affirms the eternal perpetuity of all family relationships existing on earth under the seal and authority of the Priesthood; and declares that none other relationship will be binding after death. The offspring of parents not joined in celestial marriage are thus sealed to or adopted by their parents as members of the family organization which shall endure through eternity; thus, husbands and wives who are dead are married or sealed to each other by proxy ministration, and their children are similarly sealed to them in the family relationship.
It will be seen, therefore, that the vicarious labor of the living for the dead, as performed in the temples of the present day, comprises more than baptism and confirmation. The work is completed on earth only when the parties, in the persons of their living representatives, have been baptized, confirmed, endowed, and sealed both in the relationship of husband and wife as once existent and in the family union of parents and children.


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The first community-wide Martin Luther King Jr. Day celebration will be held at the Empire Arts Theater Monday, Jan. 21, 2013. The event is hosted by UND's Era Bell Thompson Multicultural Center in partnership with the University of Minnesota, Crookston, the Grand Forks Air Force Base, UND's Black Student Association, and others.
Transportation will be provided for UMC students from the Crookston campus to the event in Grand Forks. Please be prepared to leave campus by 10 a.m. Free lunch will be provided for all attendees.
Martin Luther King Jr. Day is an opportunity for our community to honor Dr. King's legacy. Events include:
11 a.m. Unity Walk (Rally at the steps of the Grand Forks Central High School, 115 North 4th Street) and walk to the Empire Arts Theater)
11:30 a.m. Arrive at the Empire Arts Theater
Noon Martin Luther King Jr. Program for the Northern Valley Region
1 p.m. Community Social (Refreshments will be served)
The public is invited to the whole day or just the events that fit your schedule. Your participation will result in a successful series of events. Please RSVP at the following link: http://tinyurl.com/mcss-mlk
If you have any questions regarding the event, please email email@example.com or call our office phone at 701-777-4259. In the Crookston area, you can contact Lorna Hollowell, UMC's Director of Diversity & Multicultural Programs at email@example.com or 218-281-8580.
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I have really talented friends. They continuously blow me away with their cute and clever ideas. These teacher appreciation gift ideas are no exception. So if you're looking for the perfect gift for your child's teacher, look no further! These ideas are simple, easy to follow, and are much more thoughtful than a pre-bought item.
One of our very own contributors – Confetti Sunshine – is the clever gal behind this sweet Teacher's Thank-You idea!
You'll need the free printable though so hop here (more pics too!)
My dear friend Mariah of Giggles Galore has quite the collection of cute teacher appreciation ideas. Here's a "berry sweet" one!
You'll want the printable tag for this too (isn't it CUTE!?).
Lindi is a printable queen. And this idea totally rocks my world. Hello?! GLITTER!
Grab the printable + get printing for this cute idea!
Have you seen a cute Teacher Appreciation gift or created one yourself? Leave a link below in comments!


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Harry Jackson: Marriage Equality "Is A Satanic Plot to Destroy Our Seed"
Jim Burroway
April 18th, 2011
Via Right Wing Watch comes this audio of an interview between Bradlee Dean of the You Can Run But You Cannot Hide Ministry and Bishop Harry Jackson, Jr., discussing his fight against marriage equality in Washington, DC.
Bradlee Dean: The bond that men have when they are persecuted for rightesousness' sake, those are brothers. And it doesn't matter what color. We're all one blood. What I like about what's going on here with you is you're the one taking the forefront on the gay issue here, you're reaping it from let me say the wicked, let me say from those that want to overthrow righteousness, overthrow law. This is the homosexual agenda that's going on in D.C. and the capital of the United States right now from some of these people…
Harry Jackson: They're playing hardball…
Dean: They are, big time.
Jackson: I'm an African-American, and I especially believe that what we're dealing with is a satanic plot to destroy our seed. I think that where we are now is that there is an issue of justice that is being perverted, and we have a minority group, in a sense, that has decided that they are going to impose their will on the culture and…
Dean: By force
Jackson: … by force, and redefine God's law and not care whether a whole generation of people are so confused that they don't even remember the role of a mother and a father. And men did not create the concept of femininity or masculinity. It is in the heart of God. Where we are is an interesting period of time. I believe that a great awakening is about to come forth…
Dean: Amen.
Jackson: …I believe you're a part of it. I believe those who are hearing the sound of your voice are called to be revolutionaries that rise up and interact. We're not going to take up guns in terms of fighting with those kind of weapons. The weapons of our warfare are not carnal but are mighty through God to the pulling down the strongholds. We're going to turn America around as we contend lawfully for our sacred rights.
According to Jackson, contending "lawfully" includes lying about where his legal residence is.


text:
10,000 Reasons to Move to Creative Cloud
You're probably wonder what creative cloud is, well, simply put, it is the next generation of cloud based software suite with membership service that gives every creative suite desktop applications that you can get new applications such as Adobe Muse , Adobe Edge, and integration with the adobe touch apps. You get the world's best tool for doing prints, videos, web, HTML 5, mobile content and the applications from Creative Cloud will be laid down on your desktop just like the box version of which you don't have to purchase individually.
Creative cloud gives you the ability to sync, sort, and share your content with anyone anywhere. There are actually numbers of ways you can do this. You can drag files into creativecloud.com, the creative cloud user interface is going to show you the content of that file. If it is photoshop files, you can actually turn on and off the layer of the image. If it is an Indesign file, you can actually turn it to the different pages. Then you can turn around and share that file with anyone that you want. As a creative cloud member, the users can get up to 20 GB of creative cloud storages of which can store any file type.
Creative Cloud and Mobile
If you're using Adobe Touch App, you can actually simply sync that content to the creative cloud for your own view for sharing or even for further development on your desktop. You can also use the creative cloud connections, now that allows you to have your own folder on your desktop. Whatever content is in that folder will automatically sync into the creative cloud. As a creative cloud member, you can also have adobe publish with variety of service for instance, you can let adobe publish image of the file in the website using business catalyst and with the type kit service, you can actually add real fonts to your website very easily. You also have the ability to make apps for iOS using the digital publishing suite by taking in Indesign file, add some activities to it, and you can publish it out directly to an iPad using the digital publishing suite.
Be the First to Get Updated
Now, what makes creative cloud really unique is that Adobe wants the creative cloud users to always stay up a step ahead. Because adobe can update the applications to the new one as soon as they are available, for instance, Adobe has just added Adobe Lightroom into the cloud, new Illustrator feature, and some new Muse features. The creative cloud customers can even get Adobe Creative Suite 7 as soon as it comes out. And these are the functions that will only available through creative cloud at Adobe.com with no extra charges.
Great for Designers
Let us tell you, why creative cloud is great for designers or why do you need creative cloud? Creative Cloud includes access to all of the design software like Photoshop, Illustrator, and Indesign as well as new applications like adobe muse. When the designers can log in to creative cloud, go to the application page, and choose what application to download. When the designer download and install the apps and these applications will be laid down on their computer's hard drive. This means that all applications are not running from the cloud but the designers can still work on all of the applications even though they are offline or without internet connections. This means, all designers can get to the best designer applications with lower cost.
For example, when we are the subscriber to the adobe creative cloud and we install the Photoshop in our computer, we can see the latest photo shop software tool and feature. If we head over to the Adobe Indesign, we will have the ability to use ultimate layout feature, whether it is the print layout that needs to be appeared in the different device or digital publication that needs different design. Adobe Creative Cloud users can create these ultimate layout that allows the user to easily and quickly change the design to simply different format. Now those are some of the best applications from Indesign, but now, let's talk about news services. The question is, are those designers interested in creating iPad application? Well, creative cloud member get access to the digital publishing suite single edition which let everyone to turn their indesign layout into the iPad applications.
Also check out Adobe Muse in the creative cloud. Muse is the application that the designer dreams of in order to create website without having to write code. And the latest version of Muse also allows the designers to create Smartphone and Tablet version of their websites and these can be done without writing code. Another thing that the subscribers are going to get is the website hosting, membership includes hosting for 5 websites and it is so easy within a few clicks. Now, if we head back to Creative.Adobe.com, the designers will be able to download whichever applications they need to use, but creative cloud members, they can get to download the new application and creative suite as soon as they are available. Instead of having to wait for the next major update on the creative suite applications, the designers can get the feature as soon as they are ready.
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Pod2g, one of the main iOS hackers behind recent efforts to release an iOS 5.1 untethered Jailbreak utility, has been if nothing else open regarding the development stages of 5.1 untethered Jailbreak. In pod2g's last update, he revealed that he could release a utility in as little as a month or not release one at all (presumably to save the exploits for Apple's next major mobile operating system release: iOS 6).
Early this morning pod2g added a poll to his blog with the intention of having members of the Jailbreak community vote on what they want to happen with the 5 exploits pod2g and his team have discovered. The two serious options in the poll, pictured to the right, ask users whether they want a utility as fast as possible for the current firmware (iOS 5.1) or whether they want pod2g to hold off until iOS 6 is officially released.
Before haphazardly voting, there are some key points to consider that I'll go over now. First, if pod2g doesn't hold off until iOS 6 and releases an untethered Jailbreak for 5.1, it could be quite some time before an iOS 6 Jailbreak is created for newer devices due the complexity level of current Jailbreaks.
Secondly, if the exploits are saved, iOS 6 will practically be Jailbroken upon launch and an untethered utility will be available shortly after iOS 6 is.
Third, as p0sixninja pointed out, like past major firmware updates, iOS 6 will likely be in beta stages for a minimum of three months. If iOS 6 goes into beta right after WWDC 2012, scheduled for June 11-15, we won't see an untethered Jailbreak from now until sometime around September – that's over four months!
Finally considering the "new iPad" has yet to be Jailbroken, if pod2g waits until iOS 6, it'll be that much longer until the first Jailbreak is released for the new device.
Additionally, iOS hackers try to hold on to exploits for as long as possible because otherwise Apple will just release a minor firmware update to patch the (untethered) Jailbreak and then it's back to square one.
With all of that in mind, be sure to head over to pod2g's blog and vote on which scenario you'd like to happen within the next 6 days (when the poll closes). Stay tuned for more coverage on Jailbreak situation as events unfold.


text:
Available stories for Friday, April 1, 2011Crystal Bowersox comes through
Beckman's tough choice
Landlord indicted in deaths
Flight makes emergency landing
7 killed in Afghanistan
Crossing guard attacked
Lohan heard screaming on 911 call
Bob Seger storms Toledo again
'Shoe lady' among award recipients
Small cars drive March auto sales
Unemployment falls to 8.8%
Pimlico owner needs aid
Spoofs proceed royal nuptials
Granholm portrait to be unveiled
Internet celebrates April Fool's Day
Elections board gets managment aid
Woman dies in Erie Twp. crash
Kasich signs measure restricting labor rights
Opening Day Journal
At Home In The Drake: A Lovely New Home In A Great Neighborhood
Open Houses 04-01-11
Flavorful eating for families
Put a gloomy, dreary day to good use: prep your deck
Community Locator 04-01-11
Exotic pets run wild in Ohio
WTVG returns to former owner
Baggage fees climbing with airfares
Ohio business owners optimistic
Study Reveals A Cleaner, Healthier Home Leads To A Happier Mom
First parkway ramp opens
Build A Dream 04-01-11
In A "Stay-Put Economy," Homeowners Turn To Budget-Friendly Kitchen Makeovers
'Elephant:' in-depth look into lethal pastime
Walleye out of playoff contention
Columbia Gas to hire 125
'Kill the Irishman' * * *
Maumee mayor faces probe
Bedford students keep bar high
Bell: Fee breaks should go on
Plane in Monroe crash may have tried to land at Custer field
Scoreboard: 4-1
Man charged in East Toledo death pleads to robbery
Richardson a spark for UT
Man, 18, charged in death of boy, 3
Alleged killer of Sandusky officer enters not-guilty plea
Toledo man says officer pulled gun, did not ID himself
Toledo fire dept. taking applications for test
Michigan woman dies after running stop sign
Kirk - 'Dear Public Employees'
Lucas County Dogs for Adoption: 4-01
Daily Log: 4-01
J. Stanley Needles, 1942-2011: Ex-prosecutor played bagpipes
California shoppers stocking up for disaster
Microsoft's co-founder recalls Gates
Shareholders hungry for cash held in recession
IRS claims MedCorp owes $70M tax debt
Unemployment claims down; factory jobs rise
WTO says Boeing got $5.3B in banned aid
Fixed mortgage rates up, but still below 5%
RadioShack dealer insists on gun giveaway
Michigan governor's tax plan finds support
Public service has corporate, personal benefits
Dubious battle
Syria's turmoil
GE, tax-free
Classroom time for our politicians
Real Estate Transfers: 4-01
James McBride comes to Monroe
Star 105 changing a.m. team
Source Code * * * *
Culture Shock: Rewriting 'King's Speech'
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text:
Edgar Charles Hardy
Position: G
Height: 6-4 Weight: 242 lbs.
Born: March 11, 1951 in Magee, MS
High School: Harper
College: Jackson St. (school history)
Drafted by the San Francisco 49ers in the 7th round (175th overall) of the 1972 NFL Draft.
Weighted Career AV (100-95-...): 2 (11632nd overall since 1950)
Relatives: Brother of Larry Hardy


text:
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text:
I have a HTC G1 mobile. It is a nice phone with all features but I face some problem in handling. The main problem is about call summary. In any other phones when I end the call the phone shows the call summery, where I can see how long I have talked in this call. But in HTC G1 when I cut my call, after ending It does not show summery of call duration. Even it does not make any notification sound when my line is disconnected. How can I solve this problem?
- Login or Signup Now to post comments
# Comment Id: 42375
Hello Mustaf
HTC G1 is an android phone. so an android phone should show the call duration when you press the end call button.
The sequence is when you tap end call button :
it will show the duration > then it will say, "Call Ended"
If it doesn't then I will suggest you to download "call timer pro free" on your phone and it will solve the problem.
And about enabling the notification sound on your phone:
Go to settings> Call settings> All calls> Call status tones > and tap and Mark on "Call end tone"
I hope, you will now be able to solve your problems
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text:
Until now, statins have been prescribed to reduce high levels of cholesterol, but now Crestor will be also prescribed to reduce the risk of heart attack in people with these risk factors:
- Men age 50 and older or women age 60 and older
- Elevated high-sensitivity C-reactive protein level (CRP) of more than 2 milligrams per liter
- Another risk factor for cardiovascular disease, such as high blood pressure, low levels of "good cholesterol," smoking or a family history of early heart disease
No doubt, the FDA approval is a boon for AstraZeneca. Already, Crestor sales in 2009 amounted to $4.5 billion. The FDA had previously said that up to 6.5 million Americans meet the new criteria. At $4 a day, this can give a significant boost to Crestor sales. Also, since it is also not clear whether the results would be the same with other statins, this differentiation is important to AstraZeneca, especially in light of Lipitor losing its patent protection in 2011. Generic simvastatin can be had for $4 a month.
But while the potential market for Crestor is now much bigger, sales growth will depend on significant changes in doctor behavior to scan for CRP -- or C Reactive Protein -- which can, in high quantities, signal the presence of inflammation in the body, a problem linked to heart disease. Currently, few doctors test their patients for CRP. Also, not every person with high CRP levels should use Crestor, the FDA cautions, only those with other risk factors for heart disease.
The approval is based on clinical trials known as the "Jupiter " study of about 18,000 people and funded by AstraZeneca. The study shows that Crestor lowers the risk of heart attacks by 44%. And, the study results were so strong that it was stopped early.
Critics Point to Flaws in the Study
But not everybody agrees that Crestor should be used by more people. "The Jupiter study had several significant weaknesses in design," The Health Care Channel points out in an interview with Dr. Gordon Guyatt, a professor in the Department of Clinical Epidemiology & Biostatistics at the McMaster University in Ontario, Canada. For example, the data was skewed because the study was stopped early. Also, in his analysis of the unpublished data, Guyatt determined that there was no reduction in deaths caused by the heart related events.
The FDA also cautioned that more people receiving Crestor in the Jupiter study developed diabetes than those taking placebo. But MedPage Today adds that there were other risks associated with Crestor, including 13 deaths due to gastrointestinal disorders in the Crestor arm and 18 patients reported experiencing a "confused state" while taking the drug.
Heart disease caused 425,425 deaths in 2006 and is the single leading cause of death in America today, according to the American Heart Association. More than half of patients who suffer heart attacks or other cardiovascular problems have normal cholesterol levels.


text:
The faith groups with the greatest participation in Boy Scouts of America — the Catholic Church, the United Methodist Church and the Church of Jesus Christ of Latter-day Saints — have indicated they will remain part of the fabric of scouting as the 103-year-old organization on Thursday ended denying membership to boys on the basis of their sexual orientation.
The reaction has been cautious and subdued from many religious groups, which charter about 70 percent scout troops, to the vote Thursday by 1,400 members of the National Council of the Boy Scouts of America to prohibit discrimination against youth based on their sexual orientation or preference.
A ban on openly gay adult scout leaders, however, remains in place.
The Catholic Archdiocese of Denver issued a statement saying it will continue with its more than 100-year relationship supporting the Boy Scouts of America in its schools and parishes.
"The most recent revision of the Membership Standards of the Boy Scouts states that 'no youth may be denied membership in the Boy Scouts of America on the basis of sexual orientation or preference alone.' The church agrees that no group should reduce a person to their sexual orientation or proclivity," the statement said. "However, the moral formation of youth must include a firm commitment to respecting and promoting an authentic vision of sexuality rooted in the Gospel itself."
The Archdiocese of Denver stated it will continue to allow parish-chartered Scouting organizations, but would be " steadfast in articulating a Christian understanding of human dignity and sexuality."
The BSA also emphasized in a statement that the resolution "reinforces that Scouting is a youth program, and any sexual conduct, whether heterosexual or homosexual, by youth of Scouting age is contrary to the virtues of Scouting."
Peter Morales, the Arvada man who serves as the president of the Boston-based Unitarian Universalist Association of Congregations, had a mixed reaction.
"I'm delighted the scouts have taken this step. It's a historic step. I would encourage the scouts to take one more step — to be fully inclusive and include gay scout leaders. The culture has clearly changed. But they need to take one more step."
The Church of Jesus Christ of Latter-day Saints, also known as the Mormon Church, which sponsors almost half of the faith-based charters (almost 421,000 boys and young men), had already shifted its position in late April to align with the proposal that became scouting policy Thursday.
LDS leaders issued a statement late last month saying they had enjoyed a 100-year "strong, rewarding relationship" the Boy Scouts of America and were "satisfied that BSA has made a thoughtful, good-faith effort" to address one of the most complex issues facing society.
"We appreciate the positive things contained in this current proposal that will help build and strengthen the moral character and leadership skills of youth as we work together in the future," church leadership wrote April 25.
Baptist and evangelical groups, including Colorado Springs-based Focus on the Family, have backed the longtime bans and campaigned to stop the culture change.
The conservative Family Research Council and a coalition of self-described "pro-family" groups opposing open homosexuality in scouting have sent out "urgent requests for prayer and action" in mass emails last week asking people to express opposition.
Dr. Richard Land, head of the Southern Baptist Convention's Ethics & Religious Liberty Commission, told The Christian Post it was "a catastrophic decision" for the Boy Scouts.
"In order to placate their East and West Coast appendages, they are tearing out the heart of their Midwest and Southern support," Land said. "This decision will lead to a mass exodus of traditional, orthodox Christianity from the Boy Scouts."
Focus on the Family President Jim Daly had argued for keeping scouting "morally straight" rather than "morally neutral." He couldn't be reached for comment on the vote Thursday afternoon.
Electa Draper: 303-954-1276, email@example.com or twitter.com/electadraper


text:
chazldazl18Follow chazldazl18
30-year-old Female living in Santa Clara, CA United States
Can not wait to start country hopping! I graduated from college in 2008 and have been working as a Special Event Coordinator at a comedy club for the past year. Been saving to travel and am finally ready!
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text:
NASCAR Whelen Modified Tour regular Woody Pitkat said that his Don King owned Whelen Modified Tour team will run next week's event at New Hampshire Motor Speedway then likely shut down.
The team is not competing at today's event at Lime Rock Park in Salisbury.
Pitkat said that his understanding is that King likely will not field a team in the series in 2012.
"We're going to run Loudon and that's it," Pitkat said.
King was not available for comment on Saturday.
Pitkat has been driving for King since the 2008 season. The team has competed in nine of the 12 events run so far this season on the Whelen Modified Tour.
"I can't thank him enough," Pitkat said. He gave me a job there, he employed me and he's done everything I've ever needed or asked for. I'm never going to talk bad about Don. At times he's been like a father to me. He gave me a job and he let me do what I love to do. You could never ask for a better job than what I did for him, but stuff comes to an end."
Pitkat said frustrations for the team boiled over after last Sunday's event at Thompson International Speedway. Pitkat finished 14th in the 125-lap Whelen Modified Tour event. The top-12 finishers earned automatic starting spots in the 50-lap Whelen Modified Tour/Whelen Southern Modified Tour Showdown event that followed the normal events for each division. Pitkat was not offered a provisional starting spot into the 50-lap Showdown.
"I know he was pretty frustrated with the way the last race ended there," Pitkat said. "I think, because he's been so loyal to the Tour and he doesn't go [Valenti Modified Racing Series] racing or to Open shows, that he thought that he would have got a provisional. I'm not going to be the guy that says 'Why aren't we getting a provisional?' Because I feel like we should have been able to race to 12th. But he was a little frustrated with that."
Pitkat finished ninth in the first Whelen Modified Tour event this year at New Hampshire Motor Speedway in July and was second in the August event at the track.
"We've ran good at Loudon this year and it's a big paying race so we're going to try to go out on top," Pitkat said. "Maybe if we run good at Loudon maybe we'll keep going, but I don't think so."
Pitkat said one of the biggest frustrations this year has been the team's struggles at Thompson and Stafford Motor Speedway. Pitkat runs weekly in the NASCAR Whelen All-American Series SK Modified divisions at both tracks and is a regular contender for victories at both venues. But in six Whelen Modified Tour events this year between the two tracks Pitkat's best finish is a 10th and his average finish at the tracks is 18.5.
"I think we've been gaining on it, but it kind of stinks because we've been gaining slowly and then it's the end of the year and whatever we've learned we can't bring it to next year," Pitkat said. "It's been a bad year, I'm not going to lie. Stafford and Thompson are our worst tracks and I run there weekly so it shouldn't be like that."
Pitkat started driving for King mid-way through the 2008 season and ran seven events for the team before the end of the season. He ran full-time for the team in 2009 and 2010. He was ninth in then standings in '09 and 16th last year. In 43 career events for King, Pitkat had two top-five finishes and 15 top-10's.
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Daily Journal
ABERDEEN – Whether Dr. David Parvin's words will come back to haunt him are before a circuit court judge.
Wednesday, prosecutors and defense attorneys argued about whether his 2011 murder trial testimony can be used in a new trial set to begin Nov. 12 in Monroe County.
Judge Paul Funderburk said he will take the issues under advisement.
Parvin, a retired university economics professor, was convicted in 2011 of his wife, Joyce's 2007 murder at their Monroe County home.
But last April, the Mississippi Supreme Court reversed his conviction and ordered a new trial, saying sufficient trial errors occurred although questions remained about what really happened.
Parvin maintains that the shotgun he carried accidentally misfired and killed his wife.
His new trial is set to begin Nov. 12 before Circuit Judge Paul Funderburk.
Wednesday's hearing aimed at offering pre-trial issues for Funderburk's consideration.
Prosecutors are assistant district attorneys Paul Gault and and Nebra Porter.
Parvin is represented by Jim Waide, Rachel Pierce Waide and James Robertson.
(Below is a running account of the proceedings in circuit court. Please excuse the typos and glitches likely as I type rapidly. Some situations are paraphrased.)
• • •
1:02 P.M. – Judge enters. Waide tells court he's filed amended motion in limine, those are issues pending.
WAIDE – Robertson to present some issues. (Waide says some issues pertain to trial testimony, which he'll get to after Robertson.)
ROBERTSON – Like to proceed with issues about testimony of Dr. Parvin. Motion we have in a sense is a shot in the dark in that we understand prosecution wishes to use all or part of prior testimony from earlier trial in new trial. But we don't know exactly what parts. In any event, we would ask court to consider and instruct prosecution … to give us partciulars of what they want to use.
Two general points .. highly relevant … as to the general proposition about his testimony in 2011 … used at all are: 1. That his waiver of his privilege to self-incrimination … was a function of evidence that was impermissibly received according to MS Supreme Court. That is, of Dr. Stephen Hayne and other expert Grant Graham, held to be impermissible. If you look at his testimony … the substance of it repeatedly finds defendant commenting upon and responding to statements by Hayne and Graham in their expert testimony. Point is that the record reflects that prior waiver against self-incrimination was directly tied to their testimony. When MSSC holds that their testimony was not consistent … should not have been permitted… and they cannot testify again… that allows the defendant to go back to Square One himself again as to whether he will waive privilege to self-incrimination.
State's response, we got yesterday … seeks to draw distinction between improperly induced testimony versus improper waiver against self-incrimination. The point is the same – doesn't matter what the source of the testimony was that led to the waive. What matters is that state produced evidence that left defendant no choice but to take the stand and refute it. Given that testimony was deemed improper … situation is that Parvin should be allowed to start again.
Then question becomes: What about prior testimony? Answer … prior testimony cannot be used at all unless it's admissible on some grounds except state wants to use it. Must be tied to some rule of evidence to make it admissible. Clear that testimony is not admissible as a confession or an admission. Point to make – I think you go back to opinion of MSSC last April. In last section of the opinion … court is considering Weathersby issue on appeal … if you strike testimony of Hayne and Graham, puts you in position and defendant entitled to acquittal. Court said, no, not true. Had One piece of testimony that was inconsistent to defense testimony … of mistress. If you look at the last section of MSSC … there, the point is that without the mistress' testimony, it's a Weathersby situation… in other words, court rejects argument that Parvin testimony made him eligible for acquittal under Weathersby because of her testimony. That establishes… that Parvin's testimony is not an admission… that it is a description of an accidental shooting.. that without mistress testimony would have entitled him to an acquittal.
Before you can admit his prior testimony … after his waiver … before, msut at least establish that it was an admission. Law of this case … is that Parvin's testimony was not an admission but description of an event. (Another name) case we cite … only difference with Stringer case … a co-defendant's trial… testimony given … waived privilege. Judge ruled that because it wasn't an admission, it was impermissible for state to proceed on that testimony.
State cites Faulks case … two problems: first, prior testimony at issue did admit defendant was an accomplice. That distinguishes it from Stringer and this case. Also, Faulks case … argument is made that testimony at first trial was somehow was improperly elicited and responsibility of prosecution. Nothing to that. But point – was no misconduct, in a legal sense, by state that led to defendant taking the stand.
In Parvin, he took stand because of improper testimony. Thus Faulks case is not this case and does not control it. Our position is that under general principal… state through its evidence erroneously admitted is the genesis and source of defendant waiving his 5th Amendment privilege and takes stand… now, he should be able to start again.
Second, testimony cannot be admitted under any other rule of evidence because it is not an admission… because the law of the case is that Parvin's testimony … does establish … other than admission against his interest …
I realize the question… if he could take the stand – don't anticipate that he would in this coming trial – won't be made until we get there. Question of impeachment is out there but that's not for today.
Only if state can use this testimony as part of its case in chief. We say it cannot be … a lot in the transcript by defendant … from first trial… has nothing to do with anything that should be admitted in next trial.
In alternative, we ask tht prosecution be required to identify by line and page exactly that which it proposes to admit … different grounds to object. Some of it reflects rulings made by the court that it should be precluded … sustained. No business in the trial.
But these two grounds why testimony shouldn't be included at all. (Says will stop for state to respond, then move to next one.)
GAULT – Preliminarily … I know Robertson framed alternative issue … about what state would proffer for a redacted transcript. In state's reply brief, hasn't submitted such a transcript yet. One reason why, state felt perhaps should be a ruling from the court on the general issues discussed by Robertson, in hopes that submitted redacted transcript could be done more efficiently. About statements by defendant … state recognizes his right … state does agree with defense from the standpoint that some portions of testimony .. if they objected, would not be admissible.
At first … like to address defendant's argument about Harrison, 1968 USSC case. Court is aware on that case that original trial, three confessions by defendant were admitted into evidence. In case in chief, defendant testified. On re-trial, original confessions were not admitted but his prior trial testimony was admitted. One thing Harrison didn't do … was hold differently that former testimony can be admissible in a subsequent trial.
Secondly, … disagree with defense on this … the source of reversal… Harrison deals with violation of defendant's 5th Amendment rights… a coercive testimony. Miss. cases do nothing to enlarge this scope. Defense cites Faulks case … if Harrison were applied as defendant would have it done.. no room at all for Faulks hope … swallow up any ability for any prior testimony to be admitted. Harrison deals with abuses of constitution by police, which did not happen here.
Also, in 1985.. another case before … USSC looked at it as "fruit of the poisoned tree," which deals with a gross violation of the constitution… often 5th and 4th amendments. Police abuse. Decision as police deterrence. No appliction of that in this case.
On that principal, state says Harrison's application would be misguided.
Make a few points about waiver … mentioned by Robertson. In 1985, Oregon case got to USSC (Ore v Elstad). Did not deal with former testimony but deal with exclusionary rule and waivers. Important … in Oregon case, defendant suspect arrested and on the way to station, defendant confessed to the crime accused of. No Miranda warning. The subsequent… got to station, had confession, Mirandized him and took another statement. He again confessed. At trial, the state did not introduce the original confession but subsequent one. Oregon Supreme Court reversed ands aid fruit of poisonous tree. USSC watered down exclusionary rule … said no coercion. Still valid waiver.
In this case, there is no abuse of the 5th or 4th amendments to begin with. Already outside Harrison. Secondly, even with Harrison about waiver… that rule has been watered down by USSC. Another example… don't have the case off hand… as it applies to waivers. Know no abuse in police action.
Longstanding rule … that a waiver is not involuntary, even if police misrepresent the facts to the defendant. Of course, our appellate courts have held it doesn't render statement by defendant inadmissible. Inapplicable in present case.
I know Robertson cited Faulks (Fulks?) … as important on larger issue of "is the testimony allowable under Harrison?" One, as it relates to the larger issue of, is former testimony out or in line of Harrison? If Harrison is applied as defendant wants to … would be no holding. Fulks… original trial reversed based on discovery violation committed by the state. In 2009 opinion, MSSC said … due process violation. That is important, in original Fulks holding. But when it came back to MSSC on appeal … it didn't make defendant's former testimony inadmissible in the second trial.
No case that applies the Harrison rule unless there is a total abuse of police or by the police of the constitution, especially 5th amendment rising to coercion. Not in this case.
Secondly, defendant spend some time on whether the defendant's prior testimony is admissible as an admission. State chiefly addresses in its original objection to defense motion. State is not alleging that Parvin confessed on the stand. However, in this case, an admission does not require or equal a confession. In fact, as in motion, the fact that a statement while made is totally self-serving on defendant's part … does not take it out of the realm of an admission. Reasonable to believe that when he testified it was self-serving in nature.
Clearly, self-serving statement can be an admission. The state feels the testimony was … one reason, MSSC noted that statement at issue was only extant version of defendant's case. Important here … Parvin gave brief statement to police… only details of version. Always admissible as an admission. Anything he says from stand, … goes to relevance or proof of guilt in this case. Both statement is admissible … and that it is an admission under MS law.
As to defendant's point that Paragraph 35 or MSSC opinion about Parvin case renders his testimony inadmissible, state believes it deals with Weathersby … most glaring problem defendant had … stte argues that graph relating to Weathersby would bar state using first testimony in its case. 1:40
ROBERTSON – No quarrel with Fulks case. Two critical distinctions: One, nothing in Fulks case shows that prior testimony was in any way induced by misconduct by state or police. Here, we have the opposite, wehre defendant's testimony was directly induced by the improper presentation by Dr. Hayne and Graham. Second, Fulks' statements in prior testimony were an admission … because he admitted to being an accomplice. Here, I submit that … MSSC opinion … straight to the point: they establish proposition that without mistress' testimony, Dr. Parvin's testimony would entitle him to acquittal or at least it was not an admission. Was that part of the opinion too brief? I think that should be applauded.
Fulks is fine. We also remind the court that we didn't hear any discussion about the STringer case … nothing has watered that case down. That case is where prior testimony did not amount to an admission or statement against interest. It was held reversible error to allow its admission.
Finally, Harrison is not limited to police misconduct. It's not even limited to constitutional violations. It's a principle … if testimony by the state, which should not have been presented – improper – and as a result, the defendant must waive his privilege and testimony, that prior testimony cannot be presented again. Harrison is not limited to 5th amendment and police. State's misconduct in this case, goes back to Daubert about what can and cannot be done in a fair trial. One deals with constitution and the other does not. But USSC started in motion the process about misconduct. Led to reversal in this case.
It's worth noting that in Fulks case… I just noticed this … the general rule states… fact that defendant does not take stand at second trial does not preclude prior testimony, "if it would otherwise be admissible." That clause is critical … Parvin's statement is not an admission… would not otherwise be admissible.
GAULT – Very briefly?
JUDGE – Must accept as true that the only reason Parvin testified was because his decision was because of the improper testimony of two experts. Court was not privy to his decision to testify. (Robertson – transcript reflects … Parvin's testimony was directly in response to what Hayne and Graham had to say. If look at it… primary substance was to address those two witnesses.)
To Gault – will allow you to make point.
GAULT – Note that in trial transcript, defendant stated on stand, that he originally told investigators that shot was fired because … prior to any autopsy. STate that while I agree that sometimes Sup Crt is brief, I make that point to say Graph 35 doesn't say or imply that former testimony is inadmissible. Harrison cases … and cites… do not deal with Daubert issues or other erroneous issues. Deal with response of abuse of constitution of 5th amendment by the police. Say that … a review of admissions would reveal that Parvin's testimony was an admission… and against his interests as they related to time of homicide.
JUDGE – If that's the veiw of the Supreme Court … then, I … absent mistress' testimony, he would be entitled to a directed verdict?
GAULT – In Graph 35 … mistress said he told her Joyce committed suicide. Later he told her it was an accident. They say he's not entitled to acquittal under Weathersby. MSSC didn't have to look anywhere else … because testimony of Ms. Hamblin was glaring example of taking this case outside … don't think that paragraph addresses anything except being outside of Weathersby. Don't think … doesn't imply that testimony was not an admission.
JUDGE – Robertson? (Robertson – think I said it all.)
JUDGE – (Referring to Parvin's previous testimony …) defense address issue of manslaughter.
ROBERTSON – (1:56) This issue has several dimensions important and distinct. First, as court knows preliminary. Case went to trial June 2011… of deliberate design murder. Defendant says it was accident. Two grounds submitted. Issues looked at those. Nobody requested a manslaughter instruction. If in law the state is entitled now … to entertain request for manslaughter instruction … under second indictment… If state is entitled to that, now it was entitled to one at first trial. Defendant was in jeopardy of it at first trial. Double jeopardy clause shuts down second prosecution for manslaughter and lesser-offense instruction. Guides all of it.
What we have here, though, is as a lesser point … deals with whether defense is entitled to a manslaughter instruction. (Asks Gault if intends to seek it?) (Gault – state has informed Waide they would be entitled to one at trial.)
So, we'd like … give that statement … issue is appropriate to present.
GAULT – In light of arguments, as to double jeopardy … evidence will determine what trial court can submit.
JUDGE – Issue has been raised by defense. We're here, and parties have addressed this. Robertson, what do you say to ordinarily whether defendant is entitled to manslaughter instruction if course turns on evidence to present it? Understand defense position … it would be double jeopardy at this point? (Robertson, yes.)
ROBERTSON – In framework … cites Code Section … about lesser included offense instruction and deals with manslaughter. Attention to last clause … state geral premise that manslaguther instruciton can be lesser-included … limited … giving any instruciton would be justified by the proof and consistent with the wording of the manslaughter statute. That gets us back to what happened at first trial, looking at two manslaughter statutes and whether or not, at first trial, there was any evidence consistent with any manslaughter statutes. Refer to section 97-3-35… called heat of passion statute… also using dangerous weapon without authority of law. But doesn't say anything about an accident.
Other manslaugther statute…. culpable negligence. These are the relevant statutes that tie back into last sentence of 99-19-5. Point is: If look at evidence in first trial … given general rule that no instruction is given that isn't warranted by some evidence. No evidence of heat of passion. No evidence of anything other than an accident. No evidence of a culpable negligence, rising to manslaughter. No evidence in the case from first trial to satisfy any of those criteria. Nobody asked for this instruction at the first trial.
Given the facts … right of state to have such an instruction … that's where realize that the state… unless change their theory of the case entirely, the state isn't entitled to a msnalguther instruction.
Couple of general premises … dealing with how the court looks at the proposition if either side is entitled to a lesser included offense. One way … Sanders versus STate … Hawkins decision: It must be impossible to commit the greater offense without committing the lesser offense at the same time. In other words, impossible to commit deliberate design murder without committing one of these lesser manslaughter offenses. Unless state can show … deliberate design murder included the others, that's the end of it. Stated in the Sanders case, reaffirmed in others.
Principal example that's used illustrates that premises … indrug cases. If an indictment charges possession with intent to distribute or to sell, it is a lesser offense for a conviction of possession only. Necessarily involve proof of possession. Entirely proper. Lesser instruction can be given. Can't prove the intent …without proving possesion.
But here, you cann't take the deliberate design murder charge and fit it into a situation where proving … state shows one of these forms of manslaughter. BAsic point has been put in different ways by the Supreme Court. If a rational jury could have found Parvin guilty of one of these manslaughter forms … then the state would be entitled to that lesser offense instruction. But, I believe, court will remember… there is no such evidentiary basis for such an instruction. Therefore rational jury could NOT have found at first trial that Parvin was guilty of other of these forms of manslaughter. (Cites other such decisions by MSSC)
You can't say that based on this evidence. We suggest that with respect to double-jeopardy would preclude state from putting this defendant on trial on the issue of one of these forms of manslaughter. If it was entitled to that at first trial, then defendant was in jeopardy at first trial. Due process point … if state is going to change its theory of how this happened, will be serious due process and estoppel issues we'd like to raise. Don't know how state plans to proceed. If changing their theory from first trial, we have those issues.
GAULT – (2:13) PRELIMINARily state will assert that it doesn't plan to change the theory of this case. Intend to try as a deliberate design murder case.
Three issues by state: double jeopardy, manslaughter as leser included, and evidentiary basis for lesser included instruction.
Double jeopardy: State concedes that defendant cannot be convicted of murder and manslaughter as a result of issues before the court. Obvious violation. However, whether instruction is asked for or not, in no way evokes jeopardy. BAsic law is that jury can convict of a lesser offense … not included or lesser included. Defendant on notice that he is at jeopardy of a lesser offense. State seeks no notice about double jeopardy.
Now as to lesser included or whether manslaughter is one … charge of culpable negligent manslaughter, I would argue. In as much as the state… if new evidence came out… for a heat of passion instruction, state would argue it's appropriate. However, that's not the substance of the state's argument today. Today, focus on culpable neg manslaughter. (Cites COA decision … ) Just to say it can be appropriate. More importantly, discussion of why.
MSSC … 1992 jury instructed on deliberate design and depraved heat murder. MSSC ruled tht every murder of deliberate design is by definition done in an act imminently dangerous to others, with a depraved heart. Reckless disregard for human life. This is important … depraved heart and culpable neg are different by degree of malice. Culp neg must show utter indifference to human life. MSSC says that common sense shows that deliberate design shows reckless disregard … at same time, involves utter indifference like in culp neg cases.
More generally … State v. Shaw 2004… heat of passion instruction, but discussed manslaughter as instruction generally. Murder indictment includes all lower grades of homicide. Important to note … court noted that manslaughter proof is inconsistent is of no consequence.
But, I will cite COA statement… 2006, Gilbert v. state … Lee County … deliberate design murder … defendant convicted as charged and manslaugther included. Case went to jury on state's theory of murder and with manslaughter by culpable negligence.
Law from one trial to the next for defendant … does not change. Can be convicted on any lesser … at subsequent trial. Clearly, culp neg manslaughter is a lesser included offense of murder. That said, defense raises issue of evidentiary basis for such an instruction. State believes trial court's decision after evidence. But I do believe in this case … I don't know what instruction state will submit … but based on defendant's own statements … if courts were to take his statements and testimony as true … he hasn't stated that he intentionally killed his wife. But he would be subjected to consideration of culp neg manslaughter. He said he took a loaded shotgun… said he was rushing … to kill beavers or whatever. Running down the hall right towards his wife. He knew where she was sitting. His statement alone … don't imply state believes anything different from its theory of the case.
I certainly think that if that continues to be the truth in this case … would subject defendant to consideration of guilt of that crime. Of course, we don't know what will come out at trial … that's state's argument.
Finally, want to be clear – state does not intend to waiver from deliberate design murder.
ROBERTSON – (2:27) Last point weaves its way back to MSSC opinion … about testimony. Suggest again that law of case that defendant's version of the events entitled him, under Weathersby, to directed verdict of acquittal had it not been for mistress' testimony. Follows, that question that Parvin was guilty of culp neg manslaughter is decided the same way. I think there is a related point, that's important – listening to my friend, articulately … why wht he said would amount to culp neg. Reminds me of being in court … what is really a simple negligence situation … because of counsel, it gets into gross negligence.
This situation.. the facts as described … assuming could make case of negligence, that is not different as an accident, for which he would be acquitted without paramour's testimony. As to general proposition, that … discussion is at 30,000 foot level. There are cases you ask if instructions fit as to lesser offenses… many cases where it does fit. But many cases, you have proof … for legitimate lesser offense. You just don't have it here. Look at the cases cited by counsel opposition – none fits this situation, which is that if you look at evidence from first trial … you don't have any evidence to support any different kinds of manslaughter.
Given that, the state's request for lesser offense instruction would fail. If state is going to change the facts for Sanders case … or by Mills … they are changing their theory of the case. He says he isn't changing principal of indictment … but doesn't say about lesser included offense. But must satisfy … impossible to commit greater offense without committing lesser offense. Can't find a manslaughter offense that fits, in this case.
Two ways to say same thing … given these, no lesser included should be given.
If state is entitled to lesser included, were equally entitled to one at the first …. if that's so, then defendant was in jeopardy at first trial. Double jeopardy should shut that down.
JUDGE – What do you say that defense didn't ask for a lesser included instruction at first trial, court or state?
ROBERTSON – State had that election. State elected not to do that.
JUDGE – Also, defense had that, didn't they? Defense can back up and say prove it. Defense not required to do anything. Defense didn't ask for it at the time … had not reason to believe state serious about proceeding with it. If so, they lost their opportunity.
Going to take them under advisement and other matters in defendant's motion.
WAIDE – Asks for short break. 5 minutes. (Judge – let's take 10 minute break.)
JUDGE – Believe that some of the other matters we might resolve. (Waide, I'd like to get it in the record.)
• • •
2:51 – Judge back
JUDGE – What about these other motions? Prohibit testimony.
GAULT – The state will not call Brown but will call Dr. Hayne consistent … opinion that he is allowed to testify about manner and cause of death and injuries of the victim. The state will not seek to introduce his distance or angle projections.
JUDGE – Hayne performed the autopsy? Will be called for only those things? No angles, distance? (Gault – Yes)
GAULT – We will ask him about autopsy report and will stay awy from those other issues.
WAIDE – Cause and manner of death? Injuries?
GAULT – Homicide.
WAIDE – Homicide, that indicates murder.
GAULT – Don't think that means that.
JUDGE – Certainly his testimony will be limited to autopsy, manner and cause of death, and injuries.
(To prohibit testimony from state witnesses … Waide said would like to speak bout that.)
WAIDE – This appeal centered … no objections at trial. But clearly contrary to MS rules of evidence. Specifically, Mr. Chancellor is a crime scene …. testified about his worlds of information about analysis. He testified … contrary to Rule 701 … he cannot be a back-door method of producing expert evidence without calling an expert. It's clear what he did. He talked about crime scene … leading jury to think he was some kind of expert. No expert report from him. He reached the conclusion that Parvin's story about a fall wasn't consistent with information at the scene. At no place was he tendered as an expert.
At least three cases wehre someone gets up to offer information as an expert when he wasn't. Cases were reversed. MSSC says that if person's going to be a lay expert, he has to be tendered as an expert. What are his qualifications?
JUDGE – What is you told me you fell outside courtroom and hit your knee? I go out there and say I don't see any scuff marks or whatever, showing you fell. That's lay opinion. Why do you have to be an expert to testify …
WAIDE – It's one thing … but he went to the scene … he said … "I found the scene to be inconsistent … if it happened as it was reported." He's saying it wasn't a trip and fall. MSSC says it's no way to get around expert rule. (Judge – what was his testimony … that he said … about Parvin and his findings?) Yes sir … he said he found it inconsistent … if it happened the way it was reported…. that is expert testimony. He isn't qualified. If he says he's a crime scene expert, he must have some expertise. Parvin never said he hit the floor or made contact with the wall. Lay person could testify about that. But these cases were reversed by DA using expert testimony by a lay person.
He even went on … about angle… appeared to be going in at a downward angle, not what he expected to see. He contradicted Hayne. No counsel objection to this. That's why we didn't appeal to that. (Waide was not Parvin's trial defense attorney.)
Other issues are going to be very short, your honor.
Next one – a matter of record. Make sure we have an understanding. Ground 3 of motion – identical to Ground 3 in brief. To prohibit state to offer evidence about Parvin's statement .. or toward DA or his daughter or any other person. Bar letters to DA, to court or to witnesses, or altercations with other witnesses or jail employees. Objections to be made in writing or conceded. Says state will not offer this proof.
GAULT – Said that state does not intend to introduced prior statements from DA or myself, bullet, previous altercations, or letters to various individuals, specifically to myself, the court, his daughter, I believe that's all. Also noted, unless defense or defendant opens the door.
WAIDE – My concern … is for what he said on the witness stand. I don't see any purpose.
JUDGE – Unless he opens the door during direct examination, to testifying about them himself. I doubt that once he's instructed …
GAULT – State's not implying that it expects door to be opened. Just making the statement. (Judge – I don't think would be open by defense counsel. I could anticipate Dr. Parvin opening the door.)
WAIDE – If just by him, I don't see anything else. (Judge – I don't either. Stipulation granted. Unless he testifies contrary to counsel's advice, so be it.)
Paragraph 4 – Prohibit testimony … from mistress having an affair for 10 years. I don't see how that's known, no probative value. (Judge – I don't recall the 10 years. As to your motion, denied.)
Amy Henley, her testimony – she is a daughter. She was strictly a sympathy witness, went on about how close she was to her mom, was very obvious for sympathy. Substantive testimony that as a child, she thought he dad was meticulously careful when they hunted… implied he was so careful that this wasn't an accident. I don't see what probative value has about how careful he was 20 years ago. Think real purpose was to elicit sympathy.
GAULT – State's theory is still deliberate design murder. Having said that, the day of this death, defendant asserted the accident defense, which made this evidence relevant. At trial, Amy's testimony depicted circumstances around this homicide and relationship with his late wife. State feels her testimony is admissible … as a general relevance about his assertion as an accident. State objections to the motion.
JUDGE – Seems to me that client claims accident … his habits concerning gun safety would be relevant, it seems to me. As for sympathy, court standard instruction, jury isn't to consider sympathy for either side. Defense motion – denied.
WAIDE – We filed a motion to exclude Harthcock supplemental report on grounds of untimeliness. However, would be better to address per Daubert motion… (Judge- next Wednesday? To state, do you have all discovery that you're entitled to? Gault – yes. Judge – In our last call, didn't have reports for your experts. Any issues with that?)
WAIDE – Man's life on the line … Rule 404 requires experts reports at least 60 days before trial. I'd like to see about it… he repudiates some of Hayne, supports other. Doesn't comply with the rule. If don't comply, you can't call the witness or provide supplementals. Would like to address next Wednesday. We don't think he is qualified.
GAULT – I understand substantive issues. But cites rule… 4.01 – apply only in civil procedures. That doesn't take away a timeliness and notice requirement on behalf of the state. But other issues … but idea … 4.01 state clearly … understand it's procedural.)
WAIDE – Apologize, overlooked Rule 4.01. I don't see any distinction to give notice.
JUDGE – Notice must be far enough for other side to deal with it. We'll take that up next week.
(Asks to see all counsel in chambers.) 3:21 p.m.
• • •
3:35 p.m. – attorneys back in courtroom. hearing ends.


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The Power of Independent Thinking
Robert Higgs on Hoovers Great Depression Policies
Recorded: Friday, October 2, 2009
Originally aired on 10/2/09 on Fox News Freedom Watch. Robert Higgs, Senior Fellow at the Independent Institute and author of Crisis and Leviathan, discusses President Hoovers role in the Great Depression.
Experts: Robert HiggsType: TelevisionIssues: Economic History and Development (U.S.), Economic Policy, History (U.S), Labor and Employment
Bush, Obama, and Presidential Power
Recorded: Wednesday, January 7, 2009
Part 1 |
Part 2
Part 3
Was George W. Bush the worst president ever? Ivan Eland examines Bushs presidency and those of his predecessors to determine if their policies promoted peace, prosperity, and liberty while upholding the Constitution they swore to protect.
Experts: Ivan Eland, Ron Paul, Richard ShenkmanType: Independent Institute EventIssues: Banking and Finance, Bureaucracy and Government, Civil Liberties/ Human Rights, Constitutional Law, Culture/ Society, Defense and Foreign Policy, Democracy, Economic History and Development (U.S.), Economic Policy, Freedom, Government Power, History (U.S), Nationalism, Political Ideology and Philosophy, Politics, Privacy, Terrorism and National Crises


text:
Soldier Pinata
Soldier wears camo army outfit, belt, tag, helmet, protective glasses and microphone. Pinata is decorated with colorful tissue paper and print cutouts. Holds up to 2 lbs. of candy and toys.
SpecificationsDimensions: 19H x 11L x 2W in.
Size: Standard - Suggested for 8 Guests View Size Chart
How To Fill A Pinata: View instructions
How To Play Pinata Party Game: View instructions
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12 slices sourdough bread
1 tablespoon grated orange peel
4 ounces cream cheese cubed
1 teaspoon ground nutmeg
1 cup sliced almonds
1 11 ounce can mandarin oranges, drained and diced
10 eggs
1/3 cup maple syrup
1 1/2 cup milk
1/2 cup orange juice
1 teaspoon almond extract
Remove crusts and cube bread. Place half the cubes in greased 9X13 pan. Sprinkle with orange peel and nutmeg. Layer with almonds, cream cheese, and oranges. Place remaining bread cubes on top. In a bowl combine the eggs, syrup, milk, and orange juice. Mix to combine. Pour the mixture over the bread, and cover with plastic wrap. Press down firmly so bread soaks up egg mixture. Refrigerate overnight for 8-10 hours. When ready to serve, preheat oven to 350 degrees and bake 40 to 50 minutes or until golden brown. Cut into 10 squares and serve with maple syrup, a dab of sour cream and half an orange slice on top.


text:
April 29, 2016
May 21, 2008
CHESTERFIELD, S.C. (AP) -- Chesterfield County deputies say two
friends have died after their small boat capsized while they were
fishing on a private pond.
Authorities say 74-year-old William Gardner and 68-year-old Dick
Dixon drowned.
Deputies say Dixon's son noticed the men's boat had overturned
Wednesday morning and called authorities.
Deputies say an officer found Gardner a few minutes later, but
he had already died. Divers found Dixon's body several hours later.
The families of the men say the friends loved to go fishing
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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Details of this weekend property
Bombay99 is a Plot project carefully and aesthetically designed and developed by Disha Direct. It is situated at a very serene and nature friendly location in Taluka Sudhagadh Tadgaon Village, Raigad, Maharashtra.
Bombay99 is a fantastic N.A. Plots Project and Second Homes option. It is a developed Hill Station developed on about 1431 feet above sea level which gives you a fabulous view of the entire location. A perfect Weekend Destination which is just about 99 kms from Mumbai via Pali Khopoli Road, Tadgaon.
Loaded with excitement and nature's beauty where you can see Bulbuls, Golden Orioles, Paradise Flycatchers and many awesome looking birds. The near forest consists amazing wildlife animals such as Wild Boar, Hares and Foxes in large numbers. Beautiful Kawela Dam adds an amazing flavour in the picturesque view of the entire project.
As Bombay99 is located at a very high level from the sea, the climate is quite enjoyable and soothing. An amazing lavish Resort makes it a superb weekend spot where you can unload your stress and get loaded with yummy meal, quality time with your loved ones and playful time for the kids.
Bombay99 is an excellent place to relax, rejuvenate and enjoy your time away from the city's hectic and busy life. Amazing point is that it is very close to Mumbai yet it feels so far from the hustle and bustle 24x7 working city.
Technical Details
N.A. development permission for residential purpose is granted by Collector.
Plots with all permissions and legal approvals.
Individual 7/12 extract.
Duly Sanctioned Layout Plan.
Bombay99 is a Government Certified Hill Station Development.
The Title is Marketable and Clear.
Nearby Locations
This Plot lies very close to some major facilities and landmarks like Off Khopoli - Pali Road HP Petrol Pump.
Distance factor
Distance Range:
It is just 99 kms away from Mumbai
From Pune : 110 kms
From Khopoli : 40 kms
From Pali : 20 kms
Places to Visit:
Kavele Dam
Pali - Ballaleshwar (Ashtavinayak) temple
Adlabs Imagica
Rameshwar Temple
Sudhagad & Sarasgad forts
Padsale waterfall
Unehere Kund (Hot water springs)
250 acres (Phase I)
505 Resort N. A Plots
Plot area 3,229 sqft onwards
Features of this Plot
Amenities :
General Amenities
Gardens & Landscapes
Water Park
Naturopathy Center
Saibaba Temple
Jogging Track
Outdoor Games
Ready Resort
Resort Amenities:
40 rooms
Conference Hall
Swimming Pool
Kid's Pool
Big Splash
Nature walk and lots more:
Specifications :
Electric & Water Connection
Taar Road
Plot Demarcations
Grand Entrance Gate
Barbed wire fencing and gate
24 hrs Security with CCTV
Electricity & Water
Storm water drainage:
More Weekend Plots in Maharashtra


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April 30, 2016
As Halloween approaches, the FDA has a warning for those who want to "dress up " their eyes with decorative contact lens.
Eye care professionals say these decorative lenses which give your pupils, the appearance of a vampire or tiger could also cause ulcers and or even blindness. The FDA's concern is these lenses are used without the approval of a licensed optomologist, although recent legislation has made it illegal to market decorative contact lenses as over-the-counter products.
The FDA suggest you get these contacts from a eye professional, so they can properly show you how to care for your eyes.
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