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Police Pursuit and High-Speed Driving Lawsuits
By Andrew G. Cooley, Attorney at Law, and Brock Gavery, Attorney at Law, Keating Bucklin & McCormack, Inc., P.S., Seattle, Washington
igh-speed driving and pursuits are dangerous, risky parts of police work. Emergency vehicle operation creates potential risks for vehicle and property damage as well as personal injury or death of officers, suspects, and civilians. These risks, and the accompanying risk of litigation, have caused many agencies to reconsider the value of high -speed driving and police pursuits.
The key components of police pursuit lawsuits are as follows:
Legal TheoriesIn all states, statutes control emergency vehicle driving. Most state statutes were adopted from the national Uniform Vehicle Code.1 Such statutes typically describe the qualifications of an emergency vehicle, explain the rules of the road that may be violated, and end with the following typical statement regarding the emergency vehicle operator's responsibility:
The foregoing provisions shall not relieve the driver of a vehicle specified in paragraph (a) from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others. Florida Statutes Annotated, Sec. 316072(5)(c).
Similar statutes create a duty for an emergency driver to exercise "due regard for the safety of all persons" and does not protect him or her from the consequences of driving in a way that reveals "reckless disregard for the safety of others."
These two clauses are key to emergency vehicle operator liability. If and when a liability case is initiated, the questions of whether or not an officer exercised "due regard" and whether an officer's driving amounts to "reckless disregard" will inevitably be decided by a jury.2
Liability arising from pursuits exists in all states with only slight differences in the degree of fault applied to the pursuit, such as whether the officer showed deliberate indifference or reckless disregard. Some states limit liability to cases where the pursuing officer has been involved in a crash or directly caused a collision. However, some states permit a wide variety of lawsuits against the police when they are operating emergency vehicles that cause other drivers to crash, including lawsuits against the police for collisions caused by the fleeing criminal.
The latter category of lawsuit depends on the theory that a fleeing criminal's collision is a foreseeable risk of a pursuit. In other words, if the police action started the pursuit, then the police can and should be able to control the criminal's driving behavior. The logic supporting this theory is questionable at best, and the police attorney must make sure that a jury understands the difficulties an officer realistically faces during a pursuit-one of the most volatile, dangerous, and unpredictable tasks of police work.
The federal courts are the only jurisdictions that essentially bar pursuit lawsuits arising from a fleeing criminal's collision. In County of Sacramento v. Lewis,3 the U.S. Supreme Court held that the federal civil rights act theory does not apply to the usual pursuit lawsuit. The Supreme Court held that in order for an officer to deprive someone of his or her constitutional right of due process, an officer's conduct during the pursuit must have been so outrageous that it "shocks the conscience."
Hindsight Bias in Police Pursuit LawsuitsIn most police lawsuits, which range from excessive force to false arrest claims, the police have an enviable record in court. Juries tend to respect the job police perform, and realistic about the demands of street policing. These jurors' attitudes are reflected in the continuing success of police trials.
In contrast, the area of police pursuit liability has been more challenging largely due to the jury's hindsight bias, which is the phenomenon of looking at an event with full knowledge of the outcome. It profoundly affects police pursuit trial outcomes.
In the prototypical pursuit lawsuit, the police start chasing an offender for a traffic infraction or vehicle equipment violation. If the offender runs a red light and kills an innocent citizen, no one argues that it is worth killing a person to issue a traffic ticket. However, a jury's evaluation of the officer's decision to pursue, or the officer's pursuit tactics, can become tainted by the jury's knowledge of the outcome. In other words, a jury is likely to be more skeptical and less understanding of the officer's decisions when the jury knows that an innocent civilian was killed in the aftermath even if the decision to pursue and tactics employed during the pursuit were perfectly justified. Thus, an innocent civilian's death, although incredibly tragic, makes it easy for a jury to find an officer liable even when that death was not caused by the officer's actions such as in the case where the civilian is hit by the fleeing suspect's vehicle. This hindsight bias has proven very difficult to neutralize.
The Effect of Pursuit Policies on LiabilityThe effect of hindsight bias can be compounded depending upon the particular theory being pursued against the agency. There are three general theories of liability:
The theory invoked depends upon the particular pursuit policy employed by the department.
There are two widely adopted styles of pursuit policy.4 A restrictive policy limits the crimes for which a pursuit may be initiated. Common restrictive policies maylimit pursuits to those cases where there is a violent felony. In contrast, a discretionary policy gives the officer basic guidance about when to initiate, and discretion about how to conduct and terminate a pursuit.
Often the plaintiff and the plaintiff's paid experts will criticize the department for not enacting and enforcing a restrictive policy. This theory persuades juries, partly because a criticism of policy focuses attention on the faceless bureaucracy of the police department, and away from the individual police officer. A jury can more easily find fault with an agency than with an individual.
A lawsuit claiming the police agency should have adopted a restrictive pursuit policy gives the plaintiff an easier causation argument. In this situation, the plaintiff does not have to argue whether the officer's conduct, decisions, and tactics caused the officer's and suspect's conduct to the lack of policy as the cause, and the causation argument is simplified. After all, if the officer had been prohibited by policy from initiating a pursuit, it is much easier to prove that the felon would not have fled, and the collision would not have occurred.
In contrast, a lawsuit claiming the officer was negligent in deciding to initiate a pursuit, in the tactical choices, or in not terminating the pursuit, will be more difficult. One of the logic gaps in pursuit cases is the misguided claim that the police can control the suspect. When a pursuit the pursuing officer. However, what happens when the pursuit is terminated is much less clear.
What does a criminal do when the police terminate a pursuit? A National Institute of Justice researcher interviewed convicts and asked them to pretend the police terminated a pursuit, and then asked them to predict how much farther they would have run. According to this study, 70 percent of the 146 jailed suspects said that they would slow down "when I felt safe."5 No one has since replicated this type of study, and the authors feel there are good reasons to challenge the validity of the convict interviews. In reality, there is scant evidence showing that if the police shut down sirens and terminate pursuit, the fleeing felon will immediately drive the speed limit and eliminate further risk to the public. This is not most police officers' experience. Proving that the police can control the driving of the criminal during and after a pursuit is a significant challenge for the plaintiff in these pursuit liability lawsuits.
Risk Management before the CollisionRisk management has two steps: stopping lawsuits before they are filed, and winning the lawsuit after it is filed. Many agencies have struggled with the question of whether to ban pursuits, except for violent felonies. Proponents of restrictive policies often cite risk management as a reason for adopting such regulations.
Opponents of restrictive policies argue that pursuit bans and restrictions will encourage lawlessness. Field reports suggest that adopting restrictive pursuit policies lead to an increase in some crimes, especially auto theft.6
Astrong argument for a restrictive policy comes from analyzing the calculus of pursuit liability. In its simplest form, the pursuit liability calculus has only two factors: the initiating event and the type of injury suffered by the civilian. For example, if the initiating event is armed robbery and the civilian injury is a broken arm, the pursuit calculus favors the police. If the initiating event is a broken taillight and two people are killed, the calculus favors the plaintiff.
In this calculus, only one factor is subject to control by the police-the initiating event. Once the pursuit is underway, the police have little control over the type and severity of any injury. It is the existence of this pursuit calculus that makes adopting restrictive policies so attractive to many departments.
Agencies who want to reduce the risk of lawsuits will adopt restrictive pursuit policies. Such policies will eliminate civilian injury for a pursuit that was initiated for a broken taillight and limit litigation to cases where the civilian injury is a result of a more significant initiating event such as a violent felony. Most police lawyers believe that latter cases have a much better chance of success at trial.
Four Steps to Winning a Police Pursuit Lawsuit If an agency is sued, an effective defense consists of four principles that, if followed, will increase the agency's chances of winning a positive verdict.
Fully Explain the Initiating EventFirst, fully explain the initiating event. The roots of this principle are in the officer's experience and training and the ability to articulate observations that the untrained would miss. Due to training and experience, an officer can demonstrate the reasons why he suspected that what seemed to be the pursuit of a stolen car was actually more. Interrupting the observations of a stolen car at 2 a.m. in a high-crime area, occupied by four young men, is not a simple stolen car case. Depending upon the circumstances, the stolen car case might typically involve gang activities: drive-by shootings, robbery, drug manufacturing and sale, theft, and a constellation of suspected crimes. Adequately identifying this constellation as suspected by the officer based on training and experience enhances that factor in the pursuit calculus.
Use Statistics Second, use statistics to convince the jury. The California Highway Patrol has twice analyzed pursuit statistics in that state. The second analysis, done in August 1995, has significant and persuasive evidentiary value.7 These statistics establish three critical points:
Point 1: The initiating crime and crime charged are not the same. Pursuit suspects are often charged with other significant felonies separate from the driving event.8 Most people would not lead officers on a high-speed chase for a defective equipment ticket or even a citation for expired license plates unless they had something to hide. The author's research has shown that people who run during traffic stops are involved in more serious criminal issues such as outstanding arrest warrants, drugs and illegal firearms in the vehicle.
Point 2: The risk of death or injury to a civilian is statistically low. As tragic as death may be, statistics shows that a civilian has a greater chance of being struck by lightning than being killed in a police pursuit.9
Point 3: The cost of abandoning pursuits is high. According to one study period by the California Highway Patrol, banning pursuits meant 66 murderers would go free, 190 robbers would be loose, and 4,000 felons would not be stopped.10
Locally developed statistics, or the introduction of these California Highway Patrol statistics, have had a powerful effect on juries.
Establish That Departmental Training and Controls Exist Third, show that the agency has tried to act prudently. Juries expect accountability in professional police agencies. Evidence of the training and these controls help confirm these expectations.
Many agencies have extensive emergency vehicle operation training programs and driving courses. This can be several days of training, both high-and low-speed driving, and often at a designated facility with specific designed hazards. Periodical follow-on training is often required. Juries are typically impressed with the level and quality of training officers receive in emergency vehicle operations.
Most agencies also have significant procedural controls for a pursuit. These often start during the event with policies requiring a supervisor to monitor the pursuit.11 Many agencies have a set of special pursuit reports that officers and supervisors have to prepare after an event, and these reports are reviewed up the chain of command. Most agencies have a policy that explicitly states an officer may never be disciplined for terminating a pursuit, but can be disciplined for pursuit policy violations where the pursuit is improper.
Use an Outside Pursuit ExpertFinally, use an outside expert witness. Police officers involved in a pursuit, when their training and experience are admitted, will often be deemed experts in most courts. The courts and juries acknowledge that officers have the background, training, and experience to offer opinions about pursuit driving and their conduct. The problem for these employee witnesses is that they are the subjects of the litigation. They are in the spotlight. When they are asked to defend their actions, they often appear defensive.
Backing up the employee witness with an outside forensic expert is critical. The ideal expert has been an Emergency Vehicle Operations Course instructor, who has helped develop pursuit policy, performed pursuits in the field, supervised pursuits as a line supervisor, and served in management evaluating trends and individualized cases. A successful record as a trial witness is also a favorable feature for the outside expert.
Winning the CasesPolice pursuit lawsuits pose special challenges, but they can be won. The first step in a successful defense is recognizing the impact of hindsight bias. To maximize the chance of a victory, the police agency must adequately explain the initiating event, focus on favorable statistics, detail the training and controls for a pursuit operation, and employ strategic outside expert witnesses. On the whole, juries do not want law violators running amuck in their community and will side with the police in pursuing and bringing the violators to justice. v
1 National Committee on Uniform Traffic Laws and Ordinances, Uniform Vehicle Code. Chapter 11, Section 106 (Washington, DC: U.S. Department of Transportation, 2000). 2 Young v. Woodall, 343 N.C 459, 462, 471 S.E.2d 357 (1996). 3 County of Sacramento v. Lewis, 523 U.S. 833, 118 S. Ct. 1708 (1998).4 International Association of Chiefs of Police. Vehicle Pursuit Policy. [CALEA 126.96.36.199, 61.3.4.] (Alexandria, VA: IACP, October 1996). (http://www.theiacp.org/documents/pdfs/Publications/Vehicular%20Pursuit%20Policy%2Epdf)5 Geoffrey P. Alpert, Police Pursuit: Polices and Training (Washington, DC: U.S. National Institute of Justice, 1997), .6 Clyde Eisenberg, Total Pursuit Management. (http://www.policedriving.com/pursuitmanagement.htm), September 22, 2003.7 Department of California Highway Patrol Transportation and Housing Agency, The Evaluation of Risk Initial Causes v. Final Outcome in Policy Pursuits Business. 1995. 8 Id. at 9-13. 9 Id. at 43-44. 10 Id. at 48. 11 International Association of Chiefs of Police. Vehicle Pursuit Policy. [CALEA 126.96.36.199, 61.3.4.] (Alexandria, VA: IACP, October 1996). (http://www.theiacp.org/documents/pdfs/Publications/Vehicular%20Pursuit%20Policy%2Epdf) ■
From The Police Chief, vol. 73, no. 10, October 2006. Copyright held by the International Association of Chiefs of Police, 515 North Washington Street, Alexandria, VA 22314 USA.


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SEOUL, South Korea -- North Korea said Tuesday it has reprocessed 8,000 spent nuclear fuel rods and extracted enough plutonium to bolster its atomic stockpile, raising the stakes in an apparent effort to push the U.S. into direct negotiations.
Reprocessing the spent fuel rods would give the regime enough weapons-grade plutonium for at least one more atomic bomb, experts say. Pyongyang is believed to have enough weaponized plutonium for half a dozen nuclear weapons.
The threat of an expanding North Korean nuclear arsenal comes a day after Pyongyang warned Washington it would beef up its nuclear stockpile if the U.S. refuses to hold bilateral talks.
North Korea has demanded direct talks with the United States to resolve the protracted standoff over the regime's nuclear program.
Washington has said it is willing to meet one-on-one with the North if the talks lead to the resumption of six-nation negotiations involving China, Japan, the two Koreas, Russia and the U.S. Discussions between a North Korean envoy and a U.S. official last week did not yield an agreement to hold talks, both sides said.
On Monday, North Korea's Foreign Ministry warned "if the U.S. is not ready to sit at a negotiating table with the (North), it will go its own way," an apparent threat to bolster its nuclear arsenal.
North Korea has long claimed it needs atomic weapons to defend itself against the U.S., which fought the North during the Korean War in the 1950s and has 28,500 troops stationed in South Korea to protect it from any aggression.
The U.S. denies any intention of attacking the North.
But Pyongyang said it remains "compelled to take measures to bolster its deterrent for self-defense to cope with the increasing nuclear threat and military provocations of the hostile forces," North Korea's official Korean Central News Agency said Tuesday.
The report cited "noticeable success" in weaponizing plutonium "for the purpose of bolstering up the nuclear deterrent."
The North agreed in 2007 to disable its main nuclear facility in Yongbyon - a step toward its ultimate dismantlement - in exchange for much-needed energy aid and political concessions. However, Pyongyang halted the process more than a year ago and later abandoned the pact as it faced international censure for a series of nuclear and missile tests.
North Korean officials restarted the nuclear facilities in April in retaliation for a U.N. rebuke of a rocket launch widely criticized as an illegal test of its long-range missile technology, and kicked out international nuclear monitors.
In September, the North said it was in the final stage of reprocessing spent fuel rods, and also claimed it succeeded in enriching uranium, a process that would give it a second way to build atomic bombs.
© 2009 The Associated Press. All rights reserved.
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Home About Us Research Biotechnology Education Facilities Press Releases Location Contact Us Careers
The Pennsylvania Biotechnology Center of Bucks County is an impressive, easily accessible 112,000 square foot campus that houses nonprofit research organizations and commercial start-up companiesin the same facility.
The nonprofit research organizations include the Hepatitis B Foundation and its research institute, the Baruch S. Blumberg Institute, Drexel Institute for Biotechnology and Virology Research of Drexel University, and Ben Franklin Technology Partners of Southeastern Pennsylvania. Additional nonprofit organizations will be invited to the Center as opportunities arise and as space permits.
Commercial start-up companies at various stages of development will be eligible for incubator space in a reserved area of the Center. In addition to dedicated space, companies will have access to common areas, and very early stage companies may be accommodated within BSBI and DIBVR laboratories under special agreements.
More mature bio or high-tech companies are also welcome. While very early phase business will receive greater support and access to various systems from the nonprofit research organizations, later-stage companies will be expected to be more autonomous and capable of supporting themselves.
Since we are the headquarters for the Bucks County Biotechnology Keystone Innovation Zone (KIZ), locating your company here will qualify it for the financial and developmental resources provided by the KIZ program.
Space is currently available at the Center. Options range from a single lab or office to light manufacturing or warehouse space. Please contact us to learn more or arrange a visit.


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Realtors predict solid year for 2013
With sales of single-family homes jumping by 34 per cent in Sylvan Lake but dropping by 17 per cent in Stettler last year, it's tough to generalize about the health of Central Alberta's real estate market. But Ken Devoe, president of the Central Alberta Realtors Association, offered an optimistic diagnosis on Thursday.
"The 2012 real estate market was one of good growth," he said at a Red Deer news conference organized by the association.
"It's the most balanced market Central Alberta has seen in years."
Devoe described how activity was slow at the start of the year, but improved soon after.
"Sales started to pick up in February and peaked in May at 527 sales for our Central Alberta Realtors Association board area, and continued strong throughout the summer at over 400 sales per month."
On a community-by-community basis, Sylvan Lake enjoyed the biggest year-over-year increase in sales of single-family homes — climbing to 245 in 2012, as compared with 183 in 2011. Innisfail was next, jumping 19 per cent to 92 from 77; followed by Blackfalds, which was up 14 per cent to 167 from 147; and Red Deer, which saw a 10 per cent increase to 1,164 from 1,059. Lacombe slipped three per cent, to 169 from 174; Rocky Mountain House was down four per cent, to 82 from 85; Ponoka decreased 12 per cent, to 85 from 97; and Stettler dropped to 75 from 90.
Devoe cautioned against reading too much into the 2011-to-2012 changes, explaining that the relatively small number of transactions in smaller communities can result in fluctuations from year to year. He added that five-year trends provide a better indicator of what's happening in a market.
"Whereas Sylvan Lake had a good year last year, 2011 and 2010 weren't so good," he said, noting that 2008 and 2009 were also productive years for Sylvan Lake Realtors. "So if you look at a five-year average, I think Sylvan Lake is a steady climb."
Overall, summed up Devoe, 2012 was a strong year.
"It wasn't a boom year by any means, but it was a very solid year."
He expects more of the same in 2013, noting the strength of the energy sector and Central Alberta's economy overall.
"We're starting to get more people coming into Alberta again, like we saw in 2007-2008."
This, combined with continued low mortgage rates, should result in a six to seven per cent increase in sales across Central Alberta this year, he said.
Favourable prices should also encourage buyers, said Devoe.
"While 2011 saw sellers fighting to hold the higher asking prices of 2008, this past year most sellers realized the boom was over."
In the case of single-family homes, the change in median price from 2011 to 2102 was greatest in Red Deer, which jumped seven per cent to $335,000 from $313,000. The median price of single-family homes in Sylvan Lake was up 5.9 per cent in 2012, to $342,000 from $323,000; in Innisfail it was up 5.2 per cent, to $283,000 from $269,000; in Blackfalds it rose 2.7 per cent, to $302,000 from $294,000; and in Stettler it increased 0.9 per cent, to $232,000 from $230,000. The median price of single-family homes in Lacombe slipped 0.3 per cent in 2012, to $309,000 from $310,000; in Rocky Mountain House it was down 1.7 per cent to $285,000 from $290,000; and in Ponoka it fell 6.25 per cent, to $195,000 from $208,000.
For 2013, Devoe anticipates an average price increase of three to four per cent across Central Alberta.
He down-played concerns about a housing crash, which has been predicted for Canada by some.
"Our market is very strong here compared to other areas."


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PH Young
PH Young, 86, of Valentine, Neb., passed away August 30, 2012 in Valentine, Neb.
He was born on March 14, 1926 to Phylander and Stella (Crowe) Young. He attended elementary school at the Ralph Baker ranch south of Valentine, Neb., and graduated from Valentine High School. He was drafted into the Army and served until receiving a medical discharge.
PH then returned home where he met and married Beverly Louise Hall on November 22, 1948. They lived on Gordon Valley Ranch which was established in 1902. They raised four children: Patricia, Paul, Roger and Phyllis.
In his younger years, PH was an avid pilot and owned several different planes. He also spent many years teaching youth as a 4-H leader.
PH became a Mason and received his 50 year pin in 1998. In 2011, he received the Bronze Jordan Medal for the longest living active Mason in the Minnekadusa Lodge 192. PH was a lifelong member of the Sandhills Cattle Association and president of the District 5 School Board for over 20 years. He was also a very active member of the Cherry County Fair Board.
His pastime hobbies included leather tooling, calligraphy, and later in life, genealogy. PH and Beverly traveled many miles and spent years collecting information on the Young and Crowe families. His most recent hobby was collecting and restoring antique tools. He took great pride in his collection, winning Best of Show at the Cherry County Fair several times. One of his biggest joys was showing his collection to any and all visitors.
He is survived by his wife Beverly of 62 years; his children, Patricia Young of Phoenix, Ariz., Paul (Pat) Young of Valentine, Neb., Roger (Carole) Young of Grand Junction, Colo., and Phyllis Daniels of Crookston, Neb.; six grandchildren; 10 great-grandchildren; and a host of nieces, nephews, and friends.
He was preceded in death by his parents and his six sisters.
Memorial Services were held September 4, 2012 at the United Methodist Church in Valentine, Neb.
Burial was in Mount Hope Cemetery in Valentine, Neb. ❖
Carl W. Biermann
Carl W. Biermann, 88, of Fremont, Neb., passed away September 11, 2012, at Fremont Area Medical Center.
He was born November 3, 1923, in Altona, Neb., to William and Frieda (Launhardt) Biermann.
He grew up on a farm in Wayne County, receiving his education in rural schools and a parochial school in Altona, Neb. Following his school years, he was employed in the farming and cattle business.
He enlisted in the U.S. Air Force and served during the years of 1947 to 1952. Following his military service, Carl came to Fremont, Neb. Here, he was employed by Hormel Foods Corp. for 33-1⁄2 years. During his earlier years with Hormel, he also worked for Plumfield Nursery. Following his retirement, he worked for Vern's Flowers for 10 years.
He was a member of Trinity Lutheran Church in Fremont, Neb., where he served on the Board of Elders. He also was a member of the Lutheran Laymen's League for many years. He served several years as a Boy Scout leader. He was a past member of the Izaak Walton League and the American Legion.
He married Dorrine R. Herzog Wilson on June 8, 1951, in the chapel of the Air Force base in Great Falls, Mont.
He is survived by his wife, Dorrine; three daughters, Linda (and husband, Fred) Schafer of Frisco, Texas, Paula (and husband, Daniel) Ruffcorn of Fremont, Neb., and Carla (and husband, Marty) Carritt of Mondamin, Iowa; two sons, Gary (and wife, Connie) Biermann and Alan (and wife, Sharie) Biermann, all of Loveland, Colo.; a sister, Dorothy (and husband, Wesley) Schutte of Beemer, Neb.; three brothers, Herbert Biermann of Wayne, Neb., Paul (and wife, LaVon Biermann of Wayne, Neb., and Walter (and wife, Saundra) Biermann of Wisner, Neb.; a brother-in-law, Bob Strelow of Oakridge, Ore.; 11 grandchildren; and eight great-grandchildren.
He was preceded in death by two sisters and a brother.
Memorial services will be held at 10 a.m. September 15, 2011 at Trinity Lutheran Church in Fremont, Neb.
Burial will be in Memorial Cemetery in Fremont, Neb.
Memorial contributions may be made to Trinity Lutheran Church and Trinity Lutheran School. ❖
Evelyn D. Podany
Evelyn D. Podany, 90, of Clarkson, Neb., passed away September 9, 2012, at the Golden Living Center in Clarkson, Neb.
She was born April 4, 1922, on a farm about 2.5 miles south of Clarkson, Neb., to Bernard Jonas II and Marie (Kral) Jonas. She received her elementary school education in Colfax County country schools, the majority of those years attending school District 58. She graduated from Clarkson High School in 1940.
Evelyn was employed in Omaha, Neb., for a short while as a household domestic. She then served as a page for the Nebraska Legislature. Her experience in the Legislature sparked an interest in her learning all she could about her state and country. Thus, she became an avid reader until her eyes began to fail her in her later years.
On October 14, 1943, Evelyn married Arnold Podany, a U.S. Army sergeant. They became parents of two children, Ronald and Nancy. After her husband's military career ended, they lived on a farm north of Howells, Neb., for 12 years, and then moved to a farm east of Clarkson, Neb., in 1958, before finally moving to her parents' home in Clarkson, Neb., in 1995.
Evelyn was an active member of the New Zion Presbyterian Church in Clarkson, Neb., for 75 years. She also was a member of the VFW Auxiliary Post 6419 and was recognized as a Gold Star Sister after having lost her brother in the Korean War. She served on the Clarkson Museum Board for 17 years. Her passion for historical information and memorabilia was quite evident throughout her life.
Evelyn's hobbies over the years included gardening, bowling, reading and crocheting beautiful doilies. Evelyn will long be remembered for unending support for her church and community.
She is survived by: her husband of 68 years, Arnold Podany of Clarkson, Neb.; a daughter, Nancy (Dave) Reick of Fremont, Neb.; daughter-in-law, Lynn Podany of Madison, Tenn.; grandchildren, Lara Podany-Sherill, Ryan Podany and Lisa Wright, all of Madison, Tenn., Brad Reick of Little Rock, Ark., and Dustin (Angie) Reick of Omaha, Neb.; eight great-grandchildren; and many nieces, nephews, cousins and close friends.
She was preceded in death by her parents, Bernard and Marie Jonas; a brother, Bernard Jonas III; a son, Ronald Podany; and many aunts, uncles, and cousins.
Memorial services were held September 13, 2012 at New Zion Presbyterian Church.
Burial was in Clarkson National Cemetery.
Condolences may be sent to www.MillersFH.com. ❖


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RANGOON — The US Agency for International Development (USAID) has agreed to help the Burmese government improve safety standards on the Rangoon-Mandalay highway, which has seen several fatal traffic accidents recently, the US Embassy in Rangoon announced Monday.
In a letter of agreement with the Ministry of Construction, USAID has pledged to offer training in international highway safety standards to Burmese ministry engineers and technicians constructing safety enhancements along a 10-kilometer section of the 590-kilometer road with funding from the US government.
The "death highway," as it is known locally, runs from Rangoon to Naypyidaw to Mandalay. It was completed in 2009 after being hastily ordered by the former military regime. The current quasi-civilian government has called for urgent repairs after 14 people were killed and 30 others were injured in a bus crash on the road last month. So far this year, accidents on the road have killed 80 people and injured 350.
The repairs to the 10-kilometer section of road will serve as a model for ongoing improvements implemented by the Ministry of Construction along the full length of the highway, the US Embassy said in a statement.
"The United States is committed to supporting continued reform and broad-based economic development. As the economy grows, transportation infrastructure will have to accommodate more trade and traffic," US Ambassador to Burma Derek Mitchell said in the statement.
In his monthly radio address this month, President Thein Sein apologized to family members who have lost loved ones in car accidents on the road.
Kyi Zaw Myint, the chief engineer of the highway's construction management committee, expects the upgrades to cost more than 1 billion kyats, or US$1 million, although an exact cost has not yet been calculated. Forty-four of the 76 bridges on the highway between Rangoon and Mandalay will be upgraded in the first stage of the work, according to the Ministry of Construction.
The US Embassy said the agreement formalizes a partnership that began with a preliminary safety survey in May 2013.
"At the request of the Union Government, USAID engineers assessed the design, traffic volume, vehicle speed, and existing safety measures along the entirety of the highway," the embassy said. "The assessment concluded that the most effective means to achieve scalable road safety improvements is through technical assistance and training on safety standards, bringing experience and best practices from the United States to help improve the safety and security of the country's roads."
First, we got to address these following issues
We should investigate this Highway Project as:
– Who is the Design Consultant (ie Engineering)
– Does this Design Consultant have a Track Record
– Do they have awarded this Design Contract on competitive Bid Tender
– Who is the awarded Construction Contractor
– Do they have a QA/QC Third Party for Construction
Second, before US AID help to revamp existing highway, a thorough review of "Design" will give us a clear insight for two options:
a) Revamp existing highway (with help – US AID)
b) Build New one along side, with New "Design"
This type of evaluation could help solve the problem of this "Death Highway".
(NB: of course, New "Design" consultant should be of well known track record)
Is technological backwardness alone to blame for the accidents that take place in the section of the road? What about the corruption among the construction department officials and the ministry? Burmese engineers have been serving in many developed countries including the US. EU, Singapore and in Japan, and have proved themselves to be capable, honest and hardworking. I think the government should not munch words, it should come out clean and take serious measures against those who by adopting to corruption have caused and have been part of the murderers. We, the people, need more transparent response to our unanswered questions .
Better late than never. To please General Ne Win, the US State Department had agreed in 1963 to build the Rangoon-Mandalay Highway. But the then military attache in the US embassy in Rangoon, Colonel Jon Ray, intervened, arguing that the highway would provide too easy an access to the Chinese into the Bay of Bengal, which in turn would threaten the sovereignty and security of the littoral states. Half a century later, thanks to Burma's patriotic armed forces, the Chinese have received much more than they bargained for. They have successfully pried open their backdoor to the rest of the world.
The real threat to the sovereignty and security the Bay of Bengal's littoral states will come as certainly as night follows day.
The weakened US can do no more than further assist China's rise by upgrading the highway they wouldn't build in the first place.
>>>Burma's authority responsible for>>Roads and Bridges>>
>>should review>> Design Package/ Construction Package of >>
>>Rangoon-Prome Highway>>built few decades back>>as a comparable study>>
>>that project was financed by ADB>>and Design by Australia>>if not wrong to our memory>>


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"Do you have any interest in riding the giant SkyView ferris wheel downtown?"
Compiled by Vincent Christie at the Prime Time Barbershop in Decatur | 7/12/2013, 12:52 p.m.
Barber Mitchell, Decatur
"I think it's going to generate revenue. I think it's good for the community and I am going to ride it."
Merle Robinson, Decatur
"I think it's a good thing. I think I will ride it. I think it will attract more tourists."
Cicely Ware, Decatur
"I think I will take my son down. He's 13 years old and enjoys rides, but I don't. I think it's a great thing. Anything fun and exciting to draw the kids to, and gives them something positive to do is a good idea."
Josephine Reed, Decatur
"I think every generation should have their opportunity and I think we should go forward not backward."


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Fire doused behind Liholiho Street
Wailuku firefighters extinguished a brush fire that was directly behind two houses on Liholiho Street, with overgrown grass burning to less than 1 foot from the rear patio deck of one residence Thursday morning, a fire official said.
Wailuku and Kahului firefighters responded to the 10:41 a.m. alarm initially reporting a structure fire. When firefighters arrived, neighbors had knocked down the flames with garden hoses and alerted and evacuated occupants, said Capt. Bram Denhaan, acting Fire Department public information officer.
No damage was reported to the house. The fire's cause couldn't be determined.
Suspect charged in drugstore robbery
Police charged a 36-year-old homeless man with the robbery Wednesday morning of the Longs Drugs pharmacy in Lipoa Center in Kihei.
Bail was set at $50,000 for Dell Roberts, who is also known as Delmar Roberts, said acting Lt. Wendell Loo of the Criminal Investigation Division. He said Roberts was charged with first-degree robbery.
The robbery occurred at 9:28 a.m. when a man walked into the store and demanded oxycontin from the pharmacist, police said. The robber said he had a weapon, although he didn't brandish one, police reported.
After being given the drugs, the robber left the store, fleeing on a moped.
On Thursday morning, Kihei patrol officers arrested Roberts, who fit the description of the suspect, police said.
Police seek suspect in robbery of man
Police on Friday were investigating the robbery of a homeless man whose belongings were stolen when he was punched in the face while riding his bicycle Thursday night on South Kihei Road, police said.
The robbery was reported at 11:05 p.m. near Mana Kai Maui, according to police records.
The 41-year-old man was riding his bicycle when someone came out of the bushes and blindsided him, punching him in the face, said acting Lt. Wendell Loo of the Criminal Investigation Division. The robber took the victim's grocery bag, which contained some of his property, before getting into a vehicle and leaving the area, he said.
The victim was treated for lacerations.
Judiciary sending juror questionnaires
The state Judiciary is mailing approximately 235,000 juror questionnaires to randomly selected residents, including 55,000 on Maui, during the first week of August.
The questionnaires are used to help select people who may be eligible to serve as jurors in 2014.
Those who receive a questionnaire have 10 days to complete and return the questionnaire to the Jury Pool Office. Anyone who fails to respond may be penalized.
To be eligible to serve as a juror, a person must be at least 18 years old, a citizen of the United States, a resident of Hawaii, and be able to read and understand English.
Community School for Adults to enroll
The Community School for Adults will register students for fall classes from 8 a.m. to 4 p.m. Monday through Friday, according to an announcement.
Classes begin Aug. 12.
The school offers secondary education diploma programs, English language classes and substitute teacher certification.
For more information, call 873-3082 or visit the campus at 179 Kamehameha Ave. It is located across the street from the Sears store at the Queen Ka'ahumanu Center.
Kahoolawe waters to be open to troll
The waters around Kahoolawe will be open for trolling Aug. 10, 11, 24 and 25, the Kaho'olawe Island Reserve Commission announced.
All vessel operators interested in trolling around the island must register annually with the commission before entering the reserve. Registered vessels also are required to file a catch report with the commission, whether fish are caught or not.
There is a $25 permitting fee.
Boaters' access to the reserve is restricted to protect marine life and to exercise caution with the ongoing presence of unexploded ordnance. During two scheduled weekends per month, limited trolling is allowed for permitted vessels in reserve waters deeper than 30 fathoms.
To register or for more information, contact Dean Tokishi at 243-5889, send email to firstname.lastname@example.com or go online to kahoolawe.hawaii.gov. Registration packets are also available at the state Division of Boating and Recreation at 101 Maalaea Boat Harbor Road.


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When playing 2 player tennis.
At the screen that you select 1 or 3 or 5 games.
Before you select the # of games you want to play -
Click on 1 of the other person's MII's & you can change it to you - and play on both teams. (or you can add "other " Mii's to your tem with a ?)
So 2 peoaple can play doubles with 1 MII each on both sides of the net.
So you can serve to yourself......and have your friend control a player on your team too.
It's Kinda intersting.....
it's already been posted. sry, but still, good find.
Spoiler Alert!
Originally Posted by Dkw0101Originally Posted by d kOriginally Posted by Acdude6


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Featured Golf News
Lehman Now Sets Pace at First Tee Open
Tom Lehman carded his second straight 5-under 67 to take a one-stroke lead in the Nature Valley First Tee Open at Pebble Beach. The 54-hole $1.8 million Champions Tour event began Friday on California's Monterey Peninsula.
The 54-year-old Minnesotan had seven birdies and two bogeys at Pebble Beach Golf Links to reach 10-under 134, a shot ahead of Russ Cochran, who also posted a 67, and three ahead of defending champion Kirk Triplett (70) and first-round leader Bernhard Langer.
Langer, a 56-year-old German and World Golf Hall of Fame member, opened with a 63 at Del Monte Golf Course - which splits the venues with Pebble Beach in the first two rounds - posted a 74 at Pebble Beach Saturday.
The weather has been spectacular the first two days of the tournament and Lehman, the defending Charles Schwab Cup champion, appreciates the sublimity of the event's location. "To play Pebble Beach in beautiful conditions is a pleasure and a treat," said the seven-time Champions Tour winner.
"The greens are firm and fast, the fairways are firm and fast. It plays like it's supposed to play and I just love the challenge."
Tied for fifth four strokes behind Lehman are Doug Garwood (71), Dan Forsman (70), John Cook (68) and Chien Soon Lu (67). All the players in the first five positions except Lu posted their scores Saturday at Pebble Beach.
Five players - Bill Glasson (68 Del Monte), Craig Stadler (68 Pebble Beach), Scott Hoch (69 Del Monte), John Inman (66 Del Monte) and Fred Couples (71 Pebble Beach) - share ninth at 139.
For all the scores, visit http://www.pgatour.com/champions/leaderboard.html.
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Created in this Craftsy class
Stupendous Stitching: Adventures in Surface Design taught by Carol Ann Waugh
Set your sewing machine and imagination free in this fun exploration of embroidery designs, decorative sewing machine stitches, couching and binding.
Other projects made as part of this class:
QuiltingKatahdin Sheep
QuiltingPink project
Offer some kudos...
Join the conversation...
Ask a question...
Add your comment...
Actually, I love your background fabric. Even though not all your stitches are visible, I think the whole piece has so much interest and depth.
06/24/2014 Flag
I think it is just beautiful. My eye was taken to it immediately. And I know it looks even more spectacular in person.
07/05/2014 Flag
The little whorls seem to radiate energy because your couching doesn't go all the way to the edge. Neat!
08/30/2014 Flag
Gorgeous in so many ways!
09/19/2014 Flag
Beautiful x
11/15/2014 Flag


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On her program Monday, Oprah Winfrey and her design expert Nate Berkus unveil his latest miracle: building a dream house for a couple in order to give their three young daughters a second chance.
The segment is part of a preview for Winfrey and Berkus's new ABC primetime series, Oprah's Big Give.
Premiering March 2, the new series will pit 10 contestants – everyday people "who have had incredible experiences and want to use their lives to give back," Winfrey tells PEOPLE – against each other to see who can give money away the most effectively.
The idea for the series grew out of an episode of Winfrey's show about "paying it forward," she says. "I hope that viewers will see something of themselves in the contestants. That's what this is really about – feeling inspired and asking yourself, 'What would I do?' "
(For an exclusive look at the contestants on Oprah's new reality show, pick up this week's PEOPLE magazine, on newsstands now)
Oprah Unveils Latest Miracle – and TV Show
Craig Sjodin/ABC


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In this video, Motley Fool consumer-goods analyst Blake Bos looks at the recent trend that shows the amount of time consumers spend streaming Internet video per month has been skyrocketing. While the overall number of viewing hours is still low compared with traditional television, the growth rate is enormous, which could be a major win for the likes of Netflix (NASDAQ: NFLX ) and Amazon.com (NASDAQ: AMZN ) . However, Blake also identifies one major problem in this narrative that could derail profit margins substantially.
The television landscape is changing quickly, with Netflix and Amazon.com among the new entrants disrupting traditional networks. The Motley Fool's new free report "Who Will Own the Future of Television?" details the risks and opportunities in TV. Click here to read the full report!


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Bangkok with Baby
Some random updates about my life here.
I'm doing pretty fine as a mom so far. Terena is now very active and a fast learner so I need to be very careful of what I do as a role model. Kicking off some of your bad habits can be quite tough no? But we have to do anyway for the love of our child.
Last week Terena and I flew up to Bangkok again because I need to attend a few weddings this month and also for a short break for myself. All my family members were dying to see her especially my dad. She slept on the plane for the very first time after flying alone with her quite a number of times! Think it was about 15-20 minutes and I managed to take a short nap as well.
After spending only a week in Bangkok, baby Terena has gained some weight too. She is somewhat chubbier now especially her cheeks. We bring her out everyday while we are here! I'm not sure about other babies but mine definitely like to go out A LOT. Are they all the same? Here are some photos of baby Terena just in case you miss seeing her. x
She is growing well in overall. Not overweight or underweight. Also starting to walk by herself. Can't imagine when she starts to run around… It would be so tiring yet so fun.
Terena is getting along very well with all my family members as usual especially dad who is really good with babies. There is more time for me to run some other errands, catch up with old friends, enjoy my own space etc.
End up this post a few more random things I have yet to post up. First, one of my many favourite shots of Terena.
And, a special delivery of homemade lychee chiffon cake by Rachel herself a few days before I flew to Bangkok. The cake is really light with a soft texture and sweet fragrance of lychees. Think it will goes really well with a high tea session with my girls.
This is not an ad. You can look out for her pop-up sale through Instagram @pleasure_monger or hashtag #twentysevenbyrachel for and other good reviews. Thank you Rachel. Hope to make you Lava cake next time when we have a chance.
Lastly, a beautiful bouquet of flower that my honey gave me during our first anniversary. Love flowers very much.
And again, thank you family, friends and lovely readers for all your kind words and well wishes for me and my girl. I will try to write more this month if possible. Quite a lot of photos I've been taking this trip. Back for more.
Love, nira
Tagged baby Terena, Bangkok, motherhood, twentysevenbyrachel, ] 3 Comments
Tokyo for Food, Part 2
The day started off around Harajuku and Omotesando areas. I would say I prefer these two areas than Ginza. There is a lot to see and more to buy. Most importantly, for me, lots of fashion boutiques and rare local designer clothes. It's not possible for to name all the Japanese brands and designers I love. Too many yet never enough.
We began our shopping at Takeshita Dori, a narrow and roughly 400 meter long street. This street is very popular in Japan so it is always very busy and extremely crowded on the weekends. Many local fashion boutiques can be found here and mostly for teenagers.
Spotted one interesting shop where they sell lucky box for minimum 300yen, 500yen and so on. I bought one for my husband to try his luck.
Next was Tokyo Plaza, Omotesando Harajuku. This 7-storey shopping mall is filled with domestic Japanese brands, mostly for ladies.
They have Starbucks and Bills restaurant at the top. Food was good but the waiting time was quite long, 25-30 mins at least. I had their signature dishes; sweetcorn fritters with roast tomato, spinach and bacon (1400 yen)
One thing you shouldn't miss at all is all the small streets with lots of shop off Omotesando. It's not crowded at all. There is lots of cute shops and not grand or anything. I like it there very much.
For dinner we went to Ebisu and decided to go for this restaurant (below) after looking through many in that areas. It was a good choice. Food was great and affordable price.
We have seared marinated raw mackerel, grilled chicken thigh kushiyaki style 2p, barbeque squid and my most favourite, seaweed tempura.
Back to hotel right after dinner. My legs were overly tired from walking but it was all worth it.
First thing I went to 21_21 design sight to see the exhibition. It's a small art museum located in the upscale Roppongi Midtown area. Admin fee is 1000yen.
The next time I visit Tokyo, I will check out more Museums.
In the afternoon we went to isetan and takashimaya (Shinjuku) to get some snacks and chocolate for little souvenirs. Then, headed back to hotel to get ready for a special dinner at Kozue, park Hyatt hotel 40th floor.
The view was amazing. If we were lucky enough to have good weather, we could see Fuji mountain right where we were sitting.
Their sashimi was like the best. Crunchy, soft and wonderful texture.
I wouldn't mind going to Japan again right now. Miss their food very much, and also shopping. Pretty happy with my new purchase during this trip, especially beauty products.
And YES, some of these products below are for another GIVEAWAY, as promised.
including this pretty iphone5 case.
Just share with me one (or more) of your favourite Japanese fashion brands and why you like them. Remember to leave your email address. If you want to win iphone5 case please put *IP5* at the end of your comments. Giveaway ends 14/9/13. Thank you and good luck. x
Love.- nira
Tokyo for Food, Part 1
Despite the fact that Japan had recently been affected by natural disasters, it is still one of the very few places I'd want to be. I love almost everything about Japan, good food, culture, and people. Most of the Japanese are hard-working, polite, and have perfected good manners.
Having fresh and good Japanese cuisine in Japan is one of the things I've been looking forward to since I was pregnant. As you know, we asians believe that anything raw is not allowed for pregnant women. I think I didn't have them for at least 9 months.
My main purpose for this trip is FOOD, and we did it right. Warning: This post will make you hungry.
It took about 1 hour car ride from Narita airport to our hotel, Conrad Tokyo. I chose this hotel mainly because of good location. It's very near to Ginza, Tsukiji Fish Market and not so far from all the areas we wish to go.
Everything is good except for their wifi. Overall, I like this hotel a lot.
Our first meal in Tokyo was at Tempura Ten-ichi *highly recommended*, at Ginza area. This restaurant is cozy and simple decorated. Nothing pretentious. They also have a separate room for us to have a dessert after.
I swear they have THE MOST DELICIOUS Tempura I've had so far in my life. They spoilt my tastebuds forever.
Click on photo to view full-size.
Tempura here doesn't taste like other places, it's very crispy and yet not too thick or too light. Everything is fresh. Prawns and gingko nuts are my favourite. Eel is very sweet too.
I had many of this. Gingko Nuts.
Melon was so tasty and juicy. It melted in my mouth. Oh well, you probably have no ideas how much I love Japanese melon. I can have it everyday.
The bill was around 28000 yen for two. If you are planning to visit Tokyo, you have to go there. I suggest you to make reservation than walk-in.
We walked around Ginza areas after lunch
and saw this bar with an interesting concept. Just nice when the weather was pretty hot.
We had one beer each (550 yen per glass) to cool us down before heading out for a dinner.
Dinner was at Shabu Zen, at Roppongi. Two plates of sirloin and one ribeye. They look almost the same but taste different. We spent around 22000 yen (approx SGD280) for that, with a small bottle of Sake. It's an affordable price and food was good.
However, honestly speaking, I prefer Shabu Shabu Gen in Singapore. The food there is quite close to perfection even though it's more expensive.
Back to hotel after that as we took it easy on the first day. x
Slept around 12am and woke up around 3 for Tsukiji Fish market. We arrived there at 3:30am with a private guide, Mr N.Kamei. This market only permits for 120 pax and many people couldn't get in so we have to queue up very early at 3:30am. Divided into 2 groups, 60 each. We were in the first group wearing bright yellow vests because we were early. However, there is a waiting time for roughly an hour.
If you can't stand wet market smell then don't bother going there. There are many Off-Limits area and heavy traffic. The road is very wet and slippery so sneakers would be the right choice. You have to be extra careful of the traffic.
They allowed us to be inside the Tuna Auction Hall only 20-30 minutes. There are serious business activities inside this market and it's not so tourist-oriented.
As of January 2013, the highest tuna auction was at $1.6 millions for 222KG Bluefin Tuna fish. That's is around $7k for 1kg.
In tokyo around 90% of fish in the restaurants are from this market. More than 1400 different veggies. More than 350 different fish. 50% fish are import from china, Taiwan, Spain etc.
After the auction, we visited Tsukijihonganji Temple to feel the early morning atmostphere of Buddhism.
And then looked for sushi places at associated market nearby. This particular restaurant below had very long queue, all the way out until main road. Oh well. I'm sure it must be really good but I was too hungry to wait that long though.
I love the feel of restaurant too, very local.
However, our guide recommended us to try Sushi Zanmai, if we want to skip long waiting times. It's 24- hour chain restaurant and the owner won the Tuna auction I mentioned earlier. Good, fresh and affordable food.
Click on photo to view full-size.
Fresh, fresh, fresh.
A very simple dish like seaweed soup, was very delicious.
headed to Shibuya for shopping in the afternoon. It was crowded almost everywhere in this area. If you have time, do check out Parco in Shibuya. I love quite a few pieces of womenswear from the local designers such as Lily Brown.
Random shot. I had no idea what he was doing. haha.
Look at the guy in pink T-shirt on the right, his expression…. haha.
Ok, and this will be another highlight of my trip.
Fine dining at Ryugin (Roppongi Minato-Ku) *highly recommended*. We booked table a month plus in advance. It is a very small restaurant and has only about ten plus tables but the food is to die for. Ryugin is a 3Michelin star and ranked #22 in the list of the best restaurants in the world by San Pellegrino. And they really deserved those awards.
Take a look at this interesting menu. Click on photo to view full-size.
The food has very unique taste and well play on flavours and textures.
My favourite was their famous Summer Dish called Swimming Ayu fish grilled over charcoal with bamboo aroma. Smell good, taste great. Crispy and fish head was the best part of all. It was kinda bitter but taste unique.
The bill was around 70000 yen for one full course menu (for 2) and a bottle of champaign. My day was completed with fantastic dinner like that.
I kinda feel hungry right now going through all food photos I took in Japan. Craving Japanese.
ps.- Look out for the next post as there will be a lovely giveaway. x
Love.- nira
With baby love
Sorry for the lack of updates this month. I just came back from Bangkok and I was there to spend time with a family for a week plus.
The best thing about this trip was a great surprise I gave to my family. And Terena was their surprises. None of them (except for my second elder brother) were expecting me to be in Bangkok this month but in June. Furthermore, they did not expect me to bring Terena baby along to see them! You have no ideas how crazy they are over her. I'm no longer my dad's most favorite girl but it's okay as long as it's Terena. haha. I wish I could share with you all their face expression when they came home and saw Terena in a living room. Speechless. Funny. But most importantly, all happy, so am I. If you follow my instagram you should already saw some of my dad pictures with Terena. Then you can easily tell how happy he was. Love is amazing.
We were there during Thailand's Songkran festival period and many places were closed, except for the shopping malls. Too bad for me as I wanted to do street shopping. But well, there were no traffic jams during that time at least. My family and I didn't want to get into water flight this year plus Terena is way too small for that. In a few years time maybe.
Anyway, Terena and I did our first photo shoot together this trip. It was one of the most challenging photo shoots I ever had because of her. You think about it. It's not easy to shoot babies right? However, I think Terena did way better than I thought during that 4 hours with a short nap around 30 minutes. Here are some Behind-the-Scenes shots.
Getting ready with my favorite Thai makeup artist. Thank you for teaching me some great tips on makeup! I want to share that with you ladies soon.
While waiting for my makeup to be done, they started shooting Terena alone first. See how many people were needed by her side to ensure her safety. Because she couldn't sit up by herself yet. Look at the smiles on their faces as well. I think that's lovely.
Mummy and baby shots.
And mummy solo shots while Terena baby was taking her peaceful nap.
Some of you might want to know where we did the shoot. It was at Agalico, located at Sukhumvit 51. This is where you enjoy a good cup of tea and yummy cakes with great atmosphere. It's all white and bright, that's what I love. They also have a beautiful garden at the back.
Thank you photography team and makeup/hair team for your great work. A special thank you to my family who made it a lot easier to shoot Terena with smiles. And lastly, thank you baby Terena for being a good girl! I love you baby. x
I'm looking forward to see the photos! And I hope all of you had fun like I did.
Love.- nira
The peaceful part of Bali
Everyone deserves a holiday especially after hard work. My husband has been flying around very often and I'm so glad that he made it happen as he planned for everyone including my in-laws. It was also baby Terena's second trip to overseas.
We spent 4 days and 3 nights in a stunning villa called 'Villa Mandalay' with full services boutique. There are 7 bedrooms, private pool, entertainment room, the spa areas, and also the living room areas with a bar etc. The best of all, it has a beautiful view of traditional rice terraces and the ocean.
And this is my favourite spot.
The next day was even better. Because baby Terena went into a pool for the first time and we could easily tell that she LOVED it. Baby happy, daddy and mummy happier.
So much fun, so much laughter, that moment.
More relaxing moments with a bottle of Indonesia beer and good foot massage. I recommend you guys to try their massage not manicure/pedicure.
Thank you for the great time and good services. Also, thanks to sweet my father-in-law who bought this rose for me on a Valentine's day. My mum&sis-in-law got one too.
A lucky girl I am. Looking for more great time with a big family.
Love.- nira
Tagged baby, Bali, holiday, Villa Mandalay 3 Comments


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Why the Departure of BioWare's Founders is Sad But Not Surprising
For a juggernaut like BioWare, there's nowhere left to go but down.
By Kat Bailey Sep 19, 2012 7:14PM PSTTags: Dragon Age Origins (PC) Mass Effect (XBOX 360) Mass Effect (PC) Star Wars: The Old Republic (PC) Mass Effect 2 (PC) Mass Effect 2 (XBOX 360) Dragon Age Origins (PS3) Dragon Age Origins (XBOX 360) Dragon Age 2 (PC) Dragon Age 2 (XBOX 360) Mass Effect 2 (PS3) Mass Effect 3 (XBOX 360) Mass Effect 3 (PS3) Mass Effect 3 (PC) Dragon Age 2 (PS3)
With the sudden departure of Doctors Greg Zeschuk and Ray Muzyka, the video game industry has lost two of its leading lights. It's a particular blow to the roleplaying genre, of which Zeschuk and Muzyka were big fans. However depressing it may be though, it's not entirely surprising.
Over the past few years, BioWare has become more than an RPG studio. Starting with its acquisition by EA in 2005, it has morphed into a juggernaut that encompasses six studios and handles franchises ranging from Warhammer Online to Command & Conquer. For better or worse, BioWare is a long way from the days of Baldur's Gate and Shattered Steel.
What set BioWare apart in those days were the passion and practical RPG know-how that Zeschuk, Muzyka, and the rest of the team brought to the table. They were fans, first and foremost, and that translated directly to games like Baldur's Gate and later Knights of the Old Republic, both of which wore their tabletop roots on their sleeves. They had a rawness about them that doesn't translate so well now, but what mattered was that they connected with RPG fans on an elemental level.
I've had the pleasure of meeting the doctors twice now. The most memorable of them was when Dr. Zeschuk dropped by 1UP to record an episode of Retronauts about BioWare, then joined the group for drinks afterward. I spent most of the night chatting with him about Dragon Age: Origins, which I had just finished at the time, and trying to pry information about the then-forthcoming Mass Effect 2. He was gracious, knowledgeable, and above all, enthusiastic about RPGs. It made for a fun, albeit very nerdy, evening.
That was in late 2009--six months after BioWare's merger with Mythic. A few months later, BioWare would release Mass Effect 2 to critical acclaim, but some consternation as well. There was no doubt that it was a high-quality game, but in a way, it was almost too polished. The customization, so much a part of BioWare's mystique, was gone. The only element that really made it recognizable as a BioWare game was the story--one of their best.
In the years since, BioWare has gotten even bigger. It's less a studio than a brand now--a recognizable name that EA can affix to whatever RPG they choose. Zeschuk and Muzkya, meanwhile, were kicked upstairs and tasked with heading up an entire group of studios. In that, I'm sure they did a fine job, but BioWare has more or less been absorbed by the collective now. It's gone from passion project to corporate juggernaut.
And successful as it's been, it's also had its share of issues lately. There have been the struggles of Star Wars: The Old Republic, which was developed by a team wholly separate from the Edmonton group, but under the same umbrella. There was all the angst over Mass Effect 3's ending. And, of course, there was the deservedly mixed reaction accorded Dragon Age II. BioWare will undoubtedly be fine, but there's no doubt that it's reputation has taken a hit over the past few years.
For those reasons, I'm not entirely surprised to see Muzyka and Zeschuk move on. They've done all they can to grow and develop BioWare, and there's basically nowhere to go but down. With Zeschuk hints as much in his farewell statement: "This decision isn't without significant pain and regret, but it's also something I know I need to do, for myself and my family. I've reached an unexpected point in my life where I no longer have the passion that I once did for the company, for the games, and for the challenge of creation."
Each will be moving on to new passions, and I wish them the best of luck. I only hope that, one day, they decide to return to the genre that they've done so much to develop and start fresh. Until then, they will be missed.
Comments (25)
BioWare is a shell of its former self.Posted: Sep 20, 2012 12:00AM PST by Revenant_Ghost
If only BioWare stuck closer to their roots and not make a deal with the Devil himself (EA), Muzyka and Zeschuk would probably still be there. A sad day for RPG lovers.
P.S. - I'm STILL waiting for a proper sequel to KOTOR.
I just want another good Star Wars solo RPGPosted: Sep 21, 2012 12:00AM PST by Keefman -X-
Though I've always felt that the Mass Effect series - at least the first one - was the spiritual successor to KotOR since - combat notwithstanding - they share a similar design ethos (eg. strong characterization, player-modulated plots and quasi-open-ended progression). ME even has characters and plots/backstories that feel like reskins of KotOR and Star Wars tropes.
The Star Wars expanded universe is so ripe for the picking that I wish LucasArts would stop focusing on action games for a while. Sadly I don't think any amount of persuasion will convince them to stop liking money. A true KotOR sequel is out since I don't think BioWare [Edmonton] is willing to go back to dice rolls, but that doesn't mean someone else can't come along and realize the potential of a straight-up SW RPG.
Not to be the devil's advocate, but BioWare was well into developping the ME series long before the EA deal was finalized, so I'm not sure that's what prompted their new direction, though it certainly sped things along. Hell, you could even argue that they've been trending toward action games since Jade Empire, and EA had nothing to do with them then.
You make it sounds like they're copping outPosted: Sep 20, 2012 12:00AM PST by Scoob79
But the way I see it is that after nearly 2 decades in the business, they want to try other things. These are guys who graduated med school and turned what was supposed to be a medical school software company into a game developer. Kat, you already went over their accomplishments, so no need to go there. And I suppose going nowhere but down is a big part of it.
Maybe it's the way the article is written, but it does sound like you're saying something among the lines of "they're getting out before the ship starts sinking". Whereas I'm looking at it like, "we've done everything we can in the business, let us see what else we can conquer". What should be understood is that these guys do live in western Canada, one of the few regions of North America that is booming, which makes it a good time for new ventures.
I also can't help to think that they just may be simply tapped out. Things are going well for the studio and Bioware does seem quite unshakable. But at one time, Squaresoft seemed like they were never going get toppled from #1, but they're team and leadership remained stagnant over the years resulting in a mostly lackluster showing during this generation (the bright spots ended up being Enix and Eidos creations it seems). Maybe Bioware just needs some new blood at the helm. I don't think the doctors would leave their baby unless they knew it was going to be in good hands, so I'm optimistic for the company's future.
Angst?Posted: Sep 20, 2012 12:00AM PST by T_W_H
Honestly, Kat. You, as a writer, must surely know that the Mass Effect 3 ending was a fine example how to NOT end a trilogy like that by going completely against the grain of what the entire series meant by a trio of non-choices by a deus ex machina that came out of nowhere!
If anything, angst isn't being strong enough. Tumult would be a better word. After all, they did non-change the ending with some exposition that only seemed to 'soften the blow', whatever the crap that means.
I apologize if I'm coming off as rude or angry, it's just that the ending just seemed like such an ego trip of one or two people pretending to be Stanley Kubrick and they ended up looking like M. Knight Shamaylan!
"Nowhere to go but down."?Posted: Sep 21, 2012 12:00AM PST by PajamaHero
No. If there's nowhere to go but down then the genre is finished. The problem is nerd gamers are the most entitled group of people on the planet. Bioware unquestionably made a huge misstep with the Mass Effect 3 ending but making a mistake isn't what drains peoples passion, it's being vilified and derided by the entirety of the consumer base you're working hard to please. These men have given us some of the most memorable moments in recent gaming and a few mistakes suddenly nullify all of that? Of course the passion is gone, all the gaming public has left is ire at this point.
The genre will survivePosted: Sep 21, 2012 12:00AM PST by Machocruz
There are more CRPGs coming out in the near future than we've seen in the past 6. It will keep going strong, with or without Bioware and their action games. You don't have your finger on the pulse of RPG fandom if you think this is a huge blow to the genre.
It might just be standard PR deflectionPosted: Sep 21, 2012 12:00AM PST by Keefman -X-
but I didn't glean so much doom and gloom from the full statements they released. Ray wants to pursue socially-responsible investing, and Greg wants to make beer documentaries - and seems open to coming back. Maybe they just got burned out. A couple decades doing the same thing can do that to you.
BioWare Edmonton is still going strong if you ask me. Say what you will about the ending, but barring that, ME3 is one of the most finely crafted games of this generation. If you feel particularly attached to classic D&D rules, though, then yeah, they're pretty much dead to you.
KatPosted: Sep 21, 2012 12:00AM PST by BrokenH
I'm a weird hybrid as far as Bioware fans go. Dragon-age origins is my favorite Bioware game this generation but I also liked the more fluid combat in Mass Effect 2. If Bioware could somehow marry the action gameplay with more customization & more strategy I'd be totally smitten!
I admit I've been more cautious when it comes to wading into ME 3 and DA2. It has nothing to do with Bioware but more to do with EA's negative influence over-shadowing both those otherwise decent games. Between them I'll probably go for ME 3 first!
I would concur with that choicePosted: Sep 21, 2012 12:00AM PST by Keefman -X-
EA apparently fucked with DA2 so much that the designer of the first game quit. Not very promising. As I said to someone else though, I'm not sure how much is BioWare's fault and how much is EA's. They've been changing since before the acquisition, and if BioWare had a choice in the matter, then their management is to be held partially accountable for getting in bed with a juggernaut; y'all know you gonna get raped.
KeefPosted: Sep 23, 2012 12:00AM PST by BrokenH
Yeah, the management does make the choices. I'm sure they thought getting into bed with EA would get them more funding but they did not stop to question at what cost. (Harsher deadlines & more corperate bullshit)
I admit in most ways I was more fond of Bioware before EA. However, I'm also not totally against rpgs with more action based combat. ME 2 was a great game in my opinion.
DA:OPosted: Sep 21, 2012 12:00AM PST by SoliceKirsk
was the last good Bioware game released. Everything after it just seems shallow and half assed. I loved Mass Effect 1 but didn't like all the changes they made in 2. ME3 was a little better but still wasn't as good as ME1. I really like they RPG elements of the first one and they all but stripped them out for the next 2. I couldn't even finish DA2. It felt like I was playing a budget game or a fan mod or something. Exploring Kirkwall was pretty fun for a few hours, but unfortunately that was all there was to the game. You literally see everything the game has to offer in the first 6 hours and the rest is just a poorly written (even by RPG standards) dark fantasy tale that somehow manages to ruin its own lore.
The title of this article should be: How EA killed bioware.Posted: Sep 22, 2012 12:00AM PST by ZombieCo
EA ruins something else. Big surprise. Please die EA
The GravityPosted: Feb 11, 2013 12:00AM PST by KazeFoxx
Of that statement hadn't registered with me until this week. I found myself with an abundance of time and thought, might as well get all the trophies in Dragon Age II ( dunno why). I immediately relived the disappointment I felt when I first forced myself through the game. DA:Origins is easily my favorite game, and I've been gaming since '92. The gap of quality between the two is staggering.
I finally realize the true evil that is EA.
No More Dragon Age?Posted: Sep 22, 2012 12:00AM PST by rpggurrl
Wekk that sucks I was hoping for a dragon age three to surpass the aweful DA2. Now all I have is skyrim! DA was my fav rpg game. I loved how there were so many different ways to go in the game and the different types of players you could be. how depressing. Maybe they will create a new company and make something kick a$$. or maybe we will have to wait for a new hungry and passionate group to come out with something good. They don't have enough decent RPG's out there. They seem to be so rare these days, since the popularity of war and action games took over. idk why someone doesn't come out with rpg's exclusively. They could corner the market. I know I would be buying all of them up
You mean like ObsidianPosted: Sep 22, 2012 12:00AM PST by Machocruz
and Larian, CD Projekt Red? There are tons of developers making good RPGs out there. Just last week a major Kickstarter project was announced, Project Eternity, which is supposed to be a throwback to Baldur's Gate and Planescape Torment, sort of like Dragon Age.
Dragon Age III: InquisitionPosted: Sep 22, 2012 12:00AM PST by Revenant_Ghost
Actually, a third Dragon Age has been announced, for what it's worth. It probably won't best Origins though.
I'm personallyPosted: Sep 23, 2012 12:00AM PST by Togegawa1
interested in what studio and games they'll do now that they no longer have to deal with EA. This recent trend could spur a new era in creativity.
@Togegawa1Posted: Sep 23, 2012 12:00AM PST by Revenant_Ghost
If you did your research, you'll see that the co-founders have no intentions to go back into the videogames industry.
But you never know. Maybe they are just taking a very long sabbatical.
Bioware = OriginPosted: Sep 23, 2012 12:00AM PST by RealTimeTurnBased
Bioware is what Origin would have become if it wasn't for that whole Ultima 9 debacle...
Thanks for the memories (and all the fish)Posted: Sep 23, 2012 12:00AM PST by noinspiration80
Definitely a sad day. Over the years Bioware have produced some of my all time favourite titles and until recently I always assumed they'd keep rolling out the hits (I even loved DA2; on Nightmare there was still much micromanaging fun to be had). So huge thanks to Ray and Greg for their input into all Bioware's wonderful games over the years.
However the recent Mass Effect installments, although still perfectly serviceable games, were imho a retrograde step because many of the tradiational RPG elements had been simplified to the point of banality. The character customization particularly was nowhere near nuanced enough to sustain interest throughout the game.
I really hope this simplification, dumbing down if you like, (although that sounds mildly pretentious) isn't a portent for future Bioware releases but I do worry that without the stewardship of its visionary founders it will be more difficult for Bioware exert its own identity and resist the pressure of the EA Marketing imperative. It seems that since the merger the role of the Drs has been much more shadowy overlord, as oppose to having direct input into creative and design decisions which is a shame.
And to those who are hoping that they're planning to start another game company, sadly this doesn't seem likely if you read their departing blog entries on the Bioware site:
Dr Ray: http://blog.bioware.com/2012/09/18/from-ray-muzyka/
Dr Greg: http://blog.bioware.com/2012/09/18/from-greg-zeschuk/
A return to pure role-playingPosted: Sep 24, 2012 12:00AM PST by Labrianidis
I hope to see Bioware veer away from action-oriented games, and return to the more strategic role-playing elements that were part of the Baldur's Gate series. I'd love to see them try a horror-themed rpg.
I agree they will be missed, but meh to everything else.Posted: Sep 24, 2012 12:00AM PST by TPoppaPuff
You can't blame EA for the Doctor's leaving. They accepted their new roles; if they wanted to have somebody ghost-manage the studios they easily could have had someone on the payroll to do so. I promise you EA would have had no problem doing so. Truth is they've been in the industry a long, long time. That and they're at that age where you start to think about everything you've done and what else you want to accomplish in life, and they've accomplished pretty much everything possible in the gaming realm. They simply have other life pursuits. And how many more times could they sit there and tell the hero's journey? There's no bad guys and good guys in this story; they're simply burned out in their current positions. Did anybody blame the Chicago Bulls when Jordan "burned out" and retired from basketball either time?


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And also that song on that manga entertainment trailer that shows most of the anime they have.... I want it...but dont know the name : (
It's a band called Sick Puppies:WarIt's a good song man.Quote The D-Raven "Nevermore"
imeem.com its the best for anime music and other songs also you can go to free.napster.com for free music but idk if youll find anime music there but i know you can find anime music at imeem.com


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Professor King Publishes Article on the Right to Counsel
Washington and Lee law professor J.D. King has published a new article titled Beyond 'Life and Liberty': The Evolving Right to Counsel. The article appears in the Harvard Civil Rights-Civil Liberties Law Review, Vol. 48, 2013. Here is the abstract:
The majority of Americans, if they have contact with the criminal justice system at all, will experience it through misdemeanor courtrooms. More than ever before, the criminal justice system is used to sort, justify, and reify a separate underclass. And as the system of misdemeanor adjudication continues to be flooded with new cases, the value that is exalted over all others is efficiency. The result is a system that can make it virtually painless to plead guilty (which has always been true for low-level offenses), but that is now overlaid with a new system of increasingly harsh collateral consequences. The hidden consequences of a conviction may never be explained to the person choosing to plead guilty, leading to unjust results that happen more regularly and with more severe consequences than ever before.
This Article argues that current Sixth Amendment jurisprudence on the right to counsel has not adequately adapted to the changed realities within which misdemeanor prosecutions take place today. Because of the dramatic changes in the cultural meaning and real-life consequences of low-level convictions, there is no longer a useful or constitutionally significant line between those cases resulting in actual imprisonment and those cases not resulting in imprisonment. Two years ago in Padilla v. Kentucky, the Supreme Court recognized that the line between the direct and collateral consequences of a conviction has no constitutional significance in defining the effective assistance of counsel. Recognizing that the Sixth Amendment right to counsel has evolved throughout its history to accommodate the changing cultural context of criminal prosecutions, this Article calls for a robust expansion of the right to counsel in all criminal cases.
The article is available for download from SSRN.
W&L Law Review Symposium on Gideon at 50 Concludes
We've just wrapped up the Law Review Symposium on Gideon at 50 here at W&L School of Law. Each of the speakers and panels were very informative and thought provoking. Moving beyond an idealistic nostalgia for Gideon, the panelists took on the meaning and value of Gideon today and the future of the right to counsel.
Does access to justice demand an expansion of Gideon or funding for indigent defense? Or do we need to be smart on Gideon, doing triage to figure out which cases really warrant an attorney versus some other type of non-attorney advocate. In a world of plea-bargaining, hyper-incarceration, and collateral consequences for criminal convictions, what is the proper way to deploy and support a right to indigent defense counsel? These questions and more were explored during the past two days and will be discussed in greater detail in works to be published in the Washington & Lee Law Review this spring in its Symposium Issue. Video of the symposium will be available at a later date.
Congratulations and appreciation are due to the organizers of the symposium, Professor J.D. King and Law Review Symposium Editor Carney Simpson, as well as Editor-in-Chief Alex Sugzda.
W&L Law Symposium Explores Landmark Gideon Case and Right to Counsel
Fifty years ago the landmark case Gideon v. Wainwright established the right to counsel for criminal defendants. An upcoming symposium at Washington and Lee School of Law will explore the legacy of this case, its impact on the criminal justice system, and the future of the right to counsel.
The symposium is scheduled for Nov. 8-9 in the Millhiser Moot Court Room, Sydney Lewis Hall on the grounds of Washington and Lee University. The event is free and open to the public.
W&L professor and symposium co-organizer J.D. King, who directs the school's Criminal Justice Clinic, notes that this is not a celebration of the case, but rather a cold, hard assessment of what has gone right and what has gone wrong since Gideon became law.
"One of the failings of the criminal justice system is that while we do provide lawyers to people who can't afford their own, there is no meaningful check on how good those lawyers are," says King. "The reality of indigent defense is that in many cases defendants get a lawyer in physical presence only."
Another problem, says King, is how Gideon and the right to counsel has been limited to apply only to so-called "serious" cases, that is, cases that could result in incarceration. However, there are more serious consequences that can result from a misdemeanor conviction now than there were when Gideon was decided.
"You can get deported, kicked out of your housing, lose student aid, not a get a job because of a background check, or wind up on the sex offender registry, all for misdemeanors for which you were not entitled to counsel," says King.
The symposium is especially timely, adds King, as the fiscal crisis of the last several years has put increased strain on funding for public defender systems. Indeed, in many states, including Virginia, defendants eventually bear the burden of the cost of their attorney, which can force them to waive their right to counsel from the outset.
The symposium will bring together scholars and practitioners representing a range of views on the issues. Symposium attendees include Norman Reimer, executive director of the National Association of Criminal Defense Lawyers and Robin Steinberg, founder of the visionary defense support service The Bronx Defenders, as well as leading academics from law schools around the country.
The symposium is sponsored by the W&L Law Review, the Frances Lewis Law Center, the National Association of Criminal Defense Lawyers and the Foundation for Criminal Justice. A complete list of panelists, symposium schedule and registration information is available online at law.wlu.edu/gideon.
W&L Law Faculty Present at SEALS
Several Washington and Lee Law School faculty members presented last week at the annual meeting of the Southeastern Association of Law Schools (SEALS). In addition, David Millon, J. B. Stombock Professor of Law at Washington and Lee University School of Law, took the helm as President of SEALS for the 2012-13 term.
In addition to his duties with the organization during the conference, Millon also served as a panelist in a session on how recent Supreme Court decisions and congressional legislation are affecting business and regulatory issues and in a discussion group focused on teaching business law in a new economic environment. Other presentations by W&L faculty included:
- Johanna Bond, who participated in a discussion group on contemporary issues in gender and the law.
- Christopher Bruner, who presented a paper during a panel on recent developments in corporate governance.
- Mark Drumbl, who participated in a discussion group on the growing importance of international matters to legal education.
- Jill Fraley, who presented her research on maps as legal arguments in a new scholars panel.
- Brant Hellwig, who participated in a discussion group on tax reform in 2012.
- John Keyser and Todd Peppers, who participated in a panel on social science and the law.
- J.D. King, who participated in a panel on implicit racial bias in the criminal justice system.
- Joan Shaughnessy, who served as a moderator of a new scholars panel.
- Robin Wilson, who participated in a panel on cutting edge issues in family law.
Faculty Profile: J.D. King
The rift between legal theory and the practice of law can be wide and deep. As the director of the Washington and Lee Criminal Justice Clinic and also through his own scholarship, Professor J.D. King has endeavored to bridge this chasm.
Professor King opened the doors of the W&L Criminal Justice Clinic in 2009. Clinic students serve as court-appointed attorneys for indigent criminal defendants facing misdemeanor charges in local criminal courts. Under Virginia's third-year practice rule, Professor King supervises the work of 8-10 students each year. Together these students will represent approximately 75 clients per year. Most students will conduct at least one trial during their time in the clinic. The mission of the clinic is two-fold in Professor King's view: "To provide a level of representation that is second to none, and to allow the students to truly take ownership of a case from start to finish."
According to King, clinical education complements traditional courses in a number of ways. First, it teaches students how to develop facts. "Facts are messier in real life than they appear in first year case books," King says. "Students in the clinic learn how to investigate, develop, and present the facts from an advocacy perspective that they don't generally see in the classroom. Second, the clinical experience promotes "critical self-reflection. Not only do students learn how to think and act like lawyers, but they are explicitly trained to reflect on their practices with an eye towards improving their performance the next time around." Finally, King hopes that "the clinic will impart some lessons about social justice. . . how the system can be structured in a way that makes it very difficult for people to achieve justice or fairness, and what lawyers can do to change that."
After graduating from the University of Michigan Law School, King began his legal career knowing that he wanted to represent poor people charged with crimes. After a two-year federal clerkship, he landed a prestigious E. Barrett Prettyman Fellowship at Georgetown University Law Center, where he represented clients facing criminal charges in the D.C. courts, and supervised law students as part of Georgetown's Criminal Justice Clinic. He then moved to the Public Defender Service for D.C., where he represented indigent clients on charges ranging from shoplifting to homicide and everything in between. During his time at the Public Defender Service, King also served as a Supervising Attorney in the Trial Division in addition to handling his own cases.
King's scholarship has flowed directly from his professional experience with the issues involved in ethics and criminal defense. "There is a dearth of high-level scholarship that explains what one should actually do. . . when confronted with these situations, " he explains. His first article Candor, Zeal, and the Substitution of Judgment: Ethics and the Mentally Ill Criminal Defendant, 58 Am. U. L. Rev. 207 (2008) examines the ethical dilemmas faced by a criminal defense attorney who represents a mentally impaired client. King argues that granting defense attorneys more leeway in fulfilling their role of zealous advocate would enhance the ultimate aim of dignity and due process in the criminal justice system.
Another article, forthcoming in the Harvard Civil Rights-Civil Liberties Law Review is entitled, Beyond "Life and Liberty": The Evolving Right to Counsel. It takes a broad look at misdemeanor convictions in the United States and the traditional doctrine that holds there is no constitutional right to counsel unless incarceration is actually imposed. Recently, however, there has been an explosion in the numbers of these low-level prosecutions as well as an increase in the severity of collateral consequences, such as deportation or loss of public housing. Given these trends, King argues that this traditional view needs to be modified to allow for a broader right to court-appointed representation for misdemeanor defendants.
In his quest to marry theory and practice together, King has found a sweet spot of education and practice. "I love coming to work every day."
Prof. King on Misdemeanors
Professor John D. King, Associate Clinical Professor, recently had his paper, "Procedural Justice, Collateral Consequences, and the Adjudication of Misdemeanors" published in The Prosecutor in Transnational Perspective, edited by Erik Luna and Marianne Wade (Oxford University Press 2011).
Scholarly analysis and popular perceptions of the American criminal justice system tend to focus on serious crimes. The majority of Americans, however, will interact with the criminal justice system (if at all) in a misdemeanor courtroom, in which dozens of defendants wait for hours to spend a few moments in front of a judge. Many of them will not be represented by a lawyer and very few of them will have a single piece of paper filed on their behalf. Individually, their cases might command the scrutiny of a police officer for a couple of hours, a prosecutor for a couple of minutes, and a judge for a couple of moments. With a few notable exceptions, the process by which we prosecute and adjudicate low-level cases in the American criminal justice system has gone largely unexplored and unexamined, despite its being the primary contact that most Americans have with the criminal justice system.
In his essay, Prof. King addresses some of the issues surrounding the prosecution and adjudication of low-level offenses in the United States, looking specifically at the changed context within which such prosecutions take place today. He explores the tension between the formal procedural safeguards and adversarial zeal that is supposed to characterize the American criminal justice system, and the practice of the processing of misdemeanor cases as it actually occurs in courtrooms across the country. Prof. King also examines the recent explosion of the scope and number of collateral consequences that attend a criminal conviction, including many misdemeanor convictions. He addresses the issue of wrongful convictions, an issue that has received great focus recently in the context of serious cases but much less so with regard to the low-level prosecutions that dominate the criminal justice system. Finally, Professor King argues that the dramatic increase in misdemeanor prosecutions as well as the sharp rise in the seriousness and scope of the resulting collateral consequences requires a change in how such cases are adjudicated.
The article can be found on SSRN here.


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EE's 4G services go live in 12 more UK towns
Now covers over 50 percent of the country
UK MOBILE OPERATOR EE took its 4G services live in 12 more towns across the UK on Tuesday, bringing the total number of connected areas to 62 in just six months.
EE announced that its 4G mobile connectivity is now available in 12 more towns, good news for those living in Aylesbury, Berkhamsted, Billericay, Blackpool, Brentwood, Dewsbury, Huddersfield, Lytham St Annes, Marlow, Pontefract, Thame and Windsor.
Today's switch on means that EE's 4G services now cover over 50 percent of the UK's home and businesses, and EE said that this number is set to grow sharply, with 18 more towns and cities set to get 4G before the end of June. EE has yet to announce what these places will be, but has said it expects its LTE services to cover 70 percent of the population before the year is out.
EE CEO Olaf Swantee said, "Our rollout of the country's first 4G mobile network is continuing at a great pace to ensure that we are connecting people right across the UK to one of the fastest mobile networks in the world, as quickly as possible.
"Consumers and businesses in the UK use mobile internet more than any other market, and rely on it for long commutes; there is a demand for the best mobile services, and we're working to meet that demand. We're committed to rolling out 4G to 98 [percent] of the population by the end of 2014, and that includes the double-speed 4G that will launch this summer."
EE's latest announcement comes just days after it posted its first quarterly 2013 results, which revealed that the company now has 318,000 4G customers despite reporting a decline in revenue. EE hopes to bump this figure to one million before the year is out, aided by doubling its LTE speeds. µ
INQ Latest
Yahoo Mail is down for some across the UK and Europe
Great timing, Yahoo
TalkTalk hack: Teen appears in court over alleged 'bitcoin blackmail'
19-year-old faces blackmail, hacking and fraud charges
Galaxy Note 7 recall, release date, price and specs: UK sales to begin 28 October
Firm notes that 57 per cent of handsets in Europe have been exchanged so far
Mozilla trolls EU's 'outdated' copyright reform proposal with memes
One does not simply accept the proposal