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Sunday, January 11, 2009
Added to My Wish List!
6 comments:
awww..expensive shoes :) Lol but it looks classy!ReplyDelete
Yeah, that's why they're still sitting on my wish list. Otherwise I'm gonna grab it ASAP! LOL :PReplyDelete
wah devi akhirnya bisa comment juga di blog mu ^^ReplyDelete
sepatunya bagus, tp tinggi juga ya, kira2 brp cm tuh?
gw kalo pake yg tinggi2 gitu takut keseleo dan cape aja bawaannya hehe. tp keliatannya quite elegan ^^
I better avoiding this post specially to my wife.ReplyDelete
Psst... my pocket will be blank, ha... ha...
aku ngga bisa pake sepatu dengan hak setinggi apalagi yg lancip kayak gt. bisa2 kram kakiku :pReplyDelete
@alice: 4inch, sekitar 8cm hehe.. Hmm klo gtu mesti training dulu deh walking with heels :DReplyDelete
@tikno: LOL!
@onik: beauty hurts, baby! Hahaha..
Remember to always include your name and e-mail address to get personal reply. Constructive comments are more than welcome. And for the HATERS, thanks for the page hit!


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subset: commoncrawl


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RU didnt have many fans before it went pro. However my guess is that there was a huge amount of debate at all levelsbefore it did
the main public debate took place amongst the top players, in the form of interviews in the media about what it meant to them, and articles by union journos. Of course people discussed it.
Union then as now had a huge ammount of 'fans' that is why there there were an are a massive number of clubs in all sorts of areas running so many team at so many levels and why people turn out in huge numbers for internationals. It just didn't find expression in top club games. Harlequins for example was literally an exclusive club, you had to beinvited to become a member.


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January 18, 2007
DELFINO ORTEGA, APPLICANT,v.RON LEIBA, WARDEN, A.V.C.F., AND THE ATTORNEY GENERAL OF THE STATE OF COLORADO, RESPONDENTS.
Petitioner Delfino Ortega seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (2006). Petitioner, a state prisoner currently facing a life sentence, was convicted in state court of two counts of first degree murder, one of which was reversed on appeal. He now challenges the constitutionality of the trial court's: (1) admission of polygraph evidence; (2) determination that the improper admission of hearsay testimony was harmless with regard to one of his convictions; (3) denial of his motion to sever; and (4) jury instruction concerning the prosecution's burden of proof. This matter is before the court on Petitioner's "Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254," filed October 3, 2005. Jurisdiction is premised upon 28 U.S.C. § 2254 (2006).
1. Factual Background
a. Overview
Under 28 U.S.C. § 2554(e), when a federal district court addresses "an application for a writ of habeas corpus by a person in custody pursuant to a judgment of a State court, a determination of a factual issue made by a State court shall be presumed to be correct." 28 U.S.C. § 2254(e)(1) (2006). The following synopsis is taken from the Colorado Court of Appeal's ("CCOA") opinion summarizing the prosecution's evidence. (Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, Ex. 1, Part 1 at 62 [People v. Ortega, 01CA1925 (Colo. Ct. App. May 29, 2003) (unpublished) (hereinafter "CCOA Decision")] [filed Oct. 3, 2005] [hereinafter "Pet'r's App."].) Petitioner, a barber, was approached by his customer, Tom Phillips ("Phillips"), about whether Petitioner knew anyone who could set up a robbery and kill Phillips' wife, Ann Phillips. (Id.) Petitioner agreed to do the job for $10,000. (Id.) After having several conversations with Phillips, Plaintiff carried out the killing and the staged robbery. (Id.) More than a year later, Phillips was asked several times by his friend, Joe Bonicelli ("Bonicelli"), whether he knew anyone who could get rid of his wife, Eloise Bonicelli. (Id.) After speaking with Petitioner, Phillips told Bonicelli that Petitioner would "take care of the situation for $10,000." (Id.) Phillips then put Bonicelli and Petitioner in contact with each other. (Id.) A few months later, Wilfred Marquez, whom Petitioner engaged through one of his co-workers at the barbershop, entered the Bonicelli home, fatally shot Eloise Bonicelli, and wounded her nephew, John Gambrell. (Id.)
b. Evidence
Plaintiff was tried and convicted for both murders. This court's independent review of the trial record shows the evidence directly supporting Plaintiff's conviction for the Phillips murder was centered upon the testimony of Phillips, who accepted an offer of immunity conditioned upon him telling the truth. (State Record of People v. Ortega, 00CR3433 [Colo. Dist. Ct. 2001] at v. 12, pp. 1472--43, 1517--18 [hereinafter "State R."].) Phillips testified that he had entered into an agreement to pay Petitioner $10,000 to murder Ann Phillips on the night of March 25, 1974. (Id.) The plan, according to Phillips, was that a car would follow him as he drove home with his wife from their jointly owned bar; the car would then signal Phillips to pull over by means of a blinking red light, and, in the course of a robbery, Ann Phillips would be shot fatally and Phillips would be shot non-fatally. (Id. at v. 12, pp. 1472--76.) On March 25, 1974, after leaving their bar, Ann Phillips was in fact fatally shot after she and her husband were pulled over by a car with a red flashing light; Phillips was knocked unconscious by a blow to the head. (Id. at v. 11, pp. 1187, 1303; v. 12, pp. 1485, 1492--93, 1557.) Phillips testified that after he received insurance money for his wife's death, he paid Petitioner $10,000 in cash for the murder. (Id. at v. 12, pp. 1496--97, 1542.) Petitioner's fingerprints were found on the passenger's side door of the Phillips' vehicle. (Id. at v. 12, pp. 1617--18, 1635, 1644.)
The following evidence directly supported Petitioner's conviction for the Bonicelli murder. Phillips testified that in the early 1970's, his friend, Bonicelli, asked if Phillips knew anyone who would kill his wife for him. (Id. at v. 12, pp. 1502--03.) Phillips, in turn, asked Petitioner if he knew someone who would commit the murder. (Id.) According to Phillips, Petitioner eventually said that he would take care of the situation for around $10,000, at which point Phillips put Petitioner and Bonicelli in contact. (Id. at v. 12, pp. 1506--08.) On November 23, 1975, a man came to the door of the Bonicelli home and said that he wanted to rent an apartment. (Id. at v. 13, pp.1745--46.) The man shot Gambrell, Eloise Bonicelli's nephew, in the chest; Gambrell was able to run to the basement and call the police. (Id. at v. 13, pp. 1175--76, 1896.) Eloise Bonicelli was shot in the chest and died. (Id. at v. 11, p. 1202.) Mr. Gambrell later identified the shooter as looking like Freddie Fender, a country western singer. (Id. at v. 13, p 1756.) Initially, he chose Petitioner's photo as "a good look-alike," but later identified Marquez as the shooter. (Id. at v. 13, pp. 1756--60.)
According to the testimony of Richard Butierres, Bennie Valdez's step-son, Valdez worked at Petitioner's barber shop in the 1970's, and Marquez was a friend of Valdez. (Id. at v. 15, pp. 2259, 2261, 2379--80.) Further, while in prison, Butierres learned from Marquez that he and Valdez took the contract for the Bonicelli murder from Petitioner, and that Petitioner never paid Marquez for the hit. (Id. at v. 15, pp. 2261--64.) At Petitioner's trial, Marquez's ex-girlfriend testified that soon after the Bonicelli murder, Marquez called her and told her he had just finished doing a job for $10,000 and, before leaving town, wanted to stop by and give her and their child some money. (Id. at v. 13, pp. 1841--42.) Another prosecution witness, Jerry Romero, was an acquaintance of Marquez and testified that when he asked Marquez whether he had killed Bonicelli, Marquez laughed and said he had. (Id. at v. 14, p. 2055.) When the prosecution asked Romero whether he remembered telling a detective that Petitioner hired Marquez through Valdez to kill Bonicelli, Romero testified he did not recall making those statements, but that he had spoken with a detective and did not think the detective would lie about what he had told him at the time. (Id. at v. 14, pp. 2060--63.) Later in the trial, the detective testified that Romero said Marquez stated: (1) Petitioner hired Marquez to murder Bonicelli; (2) Petitioner owed Marquez money for the job; and (3) when Marquez went to Petitioner for the money, Petitioner refused to pay "[b]ecause detectives had too much heat on and the guys that owed the money weren't paying it." (Id. at v. 14, pp. 215--59.)
After release from prison, Butierres engaged in a taped conversation with Petitioner. (Id. at v. 15, pp. 2278--79; Exhibit 147; Bench Exhibit V.) Petitioner said his only role, if any, in the Bonicelli and Phillips murders was "put[ting] people together." (Id., Exhibit 147; Bench Exhibit V at 54.) Specifically, Petitioner stated:
I didn't, I didn't have nothin' to do with all that stuff. I just put people together. And [Bonicelli] knows 'em from the shop, too, you know? That's all I tried to do. See, a lot of times I didn't even want to know. I put people together and let them take care of their own fucking business. I didn't want to get involved. A lot of that stuff I didn't want to get involved in. [']Cause [Bonicelli] met 'em in the shop. A lot of people met in the shop. (Id., Exhibit 147; Bench Exhibit V at 54.)
2. Procedural History
Petitioner was convicted by jury in the District Court of El Paso County, State of Colorado, on two counts of First Degree Murder for the death of Ann Phillips and Eloise Bonicelli. (Id., at v. 18, p. 11.) The trial court imposed consecutive life sentences of imprisonment for those two counts. (Id. at v. 20, pp. 18--20.) Petitioner directly appealed his judgment of conviction to the CCOA, arguing the trial court erred in: (1) admitting certain hearsay statements under the co-conspirator exception; (2) denying his motion to sever the two murder counts; (3) denying his motion for a mistrial after the admittance of prejudicial polygraph evidence; (4) failing to properly instruct the jury concerning the burden of proof; and (5) allowing Phillips to testify under the guise of total immunity without proper establishment under the statutory guidelines. (Pet'r's App., Ex. 1, Part 2 at 9 [Pet'r's CCOA Br.].) The CCOA reversed Petitioner's conviction for the Bonicelli murder, because it had been based, in part, on inadmissible hearsay evidence. (Id., Ex. 1, Part 1 at 67--69 [CCOA Decision].) The court affirmed Petitioner's conviction for the Phillips murder, concluding that admission of improper hearsay evidence was harmless as to that count. (Id., Ex. 1, Part 1 at 69--70 [CCOA Decision].)
Petitioner initiated post-conviction proceedings in the Colorado Supreme Court, arguing the same claims as before the CCOA, but omitting the immunity claim. (Id., Ex. 1, Part 1 at 5--18, 38--49 [Pet'r's Colo. Sup. Ct. and U.S. Sup. Ct. Pets. for Cert.].) The Colorado Supreme Court denied certiorari on February 9, 2004, and the United States Supreme Court denied certiorari on October 4, 2004. (Id., Ex. 1, Part 1 at 1--3, 20--21 [Colo. Sup. Ct. and U.S. Sup. Ct. Cert. Denials].) On October 3, 2005, Petitioner filed an application for a writ of habeas corpus with this court, arguing the same claims as before the Colorado Supreme Court. (Pet'r's App.) On November 23, 2005, Respondents filed an answer. (Answer to Application for Writ of Habeas Corpus [filed Nov. 23, 2005] [hereinafter "Answer"].) On December 19, 2005, Petitioner filed a reply in support of his Application. (Pet'r's Reply [filed Dec. 19, 2005] [hereinafter "Pet'r's Reply"].)
1. Preliminary Matter: Exhaustion
"A threshold question that must be addressed in every habeas case is that of exhaustion." Harris v. Champion, 15 F.3d 1538, 1554 (10th Cir. 1994). Federal habeas corpus relief is not available to a state prisoner unless all state court remedies have been exhausted prior to the filing of the petition. 28 U.S.C. § 2254(b) (2006); Harris, 15 F.3d at 1554. "In other words, the state prisoner must give the state courts an opportunity to act on his claims before he presents those claims to a federal court in a habeas petition." O'Sullivan v. Boerckel, 526 U.S. 838, 843 (1999).
In this case, Respondents contend Petitioner failed to exhaust his claims that his Fifth and Fourteenth Amendment rights under the United States Constitution were violated by that the trial court's failure to grant his motion for: (1) mistrial after admission of the improper polygraph evidence; and (2) severance of the two murder counts. (Answer at 10--13.) Specifically, Respondents argue Petitioner "did nothing to alert the state appellate courts that he wished them to address serious claims that [these] trial occurrences violated his constitutional rights." (Id. at 12--13.) Petitioner counters that his constitutional claims were sufficiently set forth upon direct appeal. (Pet'r's Reply at 1--2.)
As Respondents point out, to exhaust a claim for habeas corpus review, "'the proponent must have presented the federal claim to the state courts unveiled.'" (Answer at 11--12 [quoting Nadworny v. Fair, 872 F.2d 1093, 1101 (1st Cir. 1989)].) A petitioner must make his assertion of a federal claim plainly apparent by, for instance, utilizing "specific constitutional language, constitutional citation, appropriate federal precedent, substantive constitutional analogy, argument with no masking state-law character, and the like- such as would in all likelihood alert a reasonable jurist to the existence of a federal question." Id. Moreover, "it is . . . well settled . . . that casual mention of an issue in a brief is cursory treatment insufficient to preserve this issue on appeal." Kopst v. Kozakiwicz, 1 F.3d 176, 182 (3d Cir. 1992).
In the instant case, Petitioner clearly stated in his first appellate submission and every submission thereafter that his claims regarding the polygraph evidence and severance were, in part, constitutional in character. In Petitioner's brief to the CCOA, he presented the two issues as follows:
I. Whether the district court erred and abused its discretion, while violating [Petitioner's] constitutional right to a fair trial pursuant to U.S. Const. Amend. V and XIV and Colo. Const. Art. II. Sec. 25 by its refusal to sever the two murder counts?
II. Whether the trial court violated [Petitioner's] constitutional right pursuant to U.S. Const. Amend V and XIV; Colo. Const. Art. II. Sec. 25 to a fair trial by denying the Defendant's request for a mistrial after the prosecution elicited prejudicial statements concerning polygraph testing . . . ?
(Pet'r's App., Ex. 1, Part 2 at 15 [Pet'r's CCOA Br.] [emphases added].)
Regarding severance, Petitioner stated in his brief to the CCOA that a defendant is "entitled to a separate trial as a matter of right whenever it appears . . . that the prosecution will introduce evidence, other than reputation or character testimony, which would not be admissible against him in a separate trial." (Id., Ex. 1, Part 2 at 28 [Pet'r's CCOA Br.].) Petitioner supported this assertion with citation to a severance case considering the law under both the state of Colorado and the United States Constitution. (Id. [citing People v. Johnson, 560 P.2d 465, 487--88 (Colo. 1973)].) Further, Petitioner concluded his severance argument by stating, "to allow the charges to be tried together clearly violated [Petitioner's] fundamental right to a fair trial in violation of his constitutional rights under the Fifth and Fourteenth Amendment of the United States Constitution." (Id., Ex. 1, Part 2 at 29--30 [Pet'r's CCOA Br.].) Finally, Respondents tacitly acknowledged the constitutional basis for Petitioner's severance claim in their answer to Petitioner's appellate brief, when they stated, "[Petitioner's] claims that his right to a fair trial was violated by the trial court's motion to sever." (Id., Ex. 1, Part 3 at 23 [Pet'r's CCOA Br.].)
Regarding the polygraph evidence, Petitioner plainly stated in his appellate brief that "to allow the inclusion of Phillips' statement that he had offered to take a polygraph test as a means to ensure his being granted total immunity for killing his wife, the jury's role of determining credibility was clearly infringed upon and prejudiced [Petitioner] from receiving a fair trial on the matter." (Id., Ex. 1, Part 2 at 33 [Pet'r's CCOA Br.].) Further, Petitioner stated this admission "deprived" him "of his constitutional right to both due process and a fair trial as guaranteed him under the Fifth and Fourteenth Amendment to the United States Constitution." (Id.)
As a final note, Petitioner points out that the Colorado Supreme Court, which received a petition for certiorari substantially similar to Petitioner's submission to the CCOA, was clearly alerted to Petitioner's constitutional claims. (Pet'r's Reply at 2.) Two justices would have granted certiorari on "[w]hether the trial court violated [Petitioner's] right to both due process and a fair trial as guaranteed him under the Fifth and Fourteenth amendments to the United States Constitution . . . by refusing to grant the requested mistrial," and one justice would have granted certiorari on "whether the trial court . . . violated [Petitioner's] due process rights as guaranteed him by the United States Constitution Amend. V and XIV . . . by refusing to sever the two murder counts." (Id., Ex. 1, Part 1 at 20--21 [Colo. Sup. Ct. Cert. Denial].) Based on the foregoing, I find it utterly clear that Petitioner's state court submissions would have, and in fact did, "in all likelihood alert[ed] a reasonable jurist to the existence of a federal question." Nadworny, 872 F.2d at 1101. Thus, I find Petitioner has properly exhausted the claims at issue.
2. Standard of Review
Because Petitioner filed his habeas corpus petition after Antiterrorism and Effective Death Penalty Act's (AEDPA) effective date, its provisions apply to this appeal. Smallwood v. Gibson, 191 F.3d 1257, 1264 (10th Cir. 1999). A state prisoner is entitled to habeas relief only if he is held "in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a) (2006). To the extent a petitioner challenges an alleged error under state law, he alleges no deprivation of federal rights and may not obtain habeas relief. Engle v. Isaac, 456 U.S. 107, 119 (1982). Where a constitutional claim was adjudicated on the merits in the state courts, habeas relief may only be granted when the state court proceeding resulted in a decision that was: (1) "contrary to, or involved an unreasonable application of clearly established Federal law, as determined by the Supreme Court;" or (2) "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." 28 U.S.C. § 2254(d)(1)--(d)(2) (2006). The AEDPA "amended the standards for reviewing state court judgments" in habeas proceedings, ultimately "increas[ing] the deference to be paid by the federal courts to the state court's factual findings and legal determinations." Houchin v. Zavaras, 107 F.3d 1465, 1470 (10th Cir. 1997).
In Williams v. Taylor the Supreme Court provided guidance as to when a state court decision may be deemed "contrary to" or "an unreasonable application of" established Supreme Court precedent pursuant to section 2254(d)(1). 539 U.S. 362 (2000). As to the former term, a state court decision is "contrary to" Supreme Court precedent when it: (1) "arrives at a conclusion opposite to that reached by [the] Court in a question of law;" or (2) "confronts a set of facts that are materially indistinguishable from a decision of [the] Court and nevertheless arrives at a result different from [Supreme Court] precedent." Id. at 405--06. As to the latter term, a state court decision involves an "unreasonable application" of Supreme Court precedent if "the state court identifies the correct governing legal principle from [the] Court's decisions but unreasonably applies that principle to the facts of the prisoner's case." Id. at 409--13. Thus, "under § 2254(d)(1)'s 'unreasonable application' clause, . . . a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, the application must also be unreasonable." Id. at 411; see also Thomas v. Gibson, 218 F.3d 1213, 1219--20 (10th Cir. 2000) (discussing Williams). In federal habeas proceedings, the petitioner bears the burden of proof. Miller-El v. Cockrell, 537 U.S. 332, 358 n.3 (2003).
a. Polygraph Evidence
The trial record reflects that during direct examination, when Phillips was asked to explain the immunity offer extended to him by the prosecution, he replied, "They offered me immunity from my case and the Bonicelli case if I was willing to talk with them and give them everything I knew, including the polygraph test, and I said fine." (State R. at v. 12, p. 1515.) Defense counsel immediately moved for a mistrial, stating, "This guy just mentioned polygraph. Can't throw a skunk in the jury box and expect it not to smell." (Id.) The trial court denied the motion, concluding that it was "not persuaded that what [the witness] ha[d] said so far ha[d] tainted the panel irreparably." (Id.) Defense counsel ultimately accepted the trial court's offer of a curative instruction but renewed the objection. (Id. at v. 12, p. 1516.) The jury was thereafter instructed as follows: "Members of the jury, an objection was made with regard to some of the testimony you just heard, and I'm sustaining the objections. You are not to consider any reference that has been made in this Court to polygraph or a polygraph test. You are not to consider it in any way." (Id. at v. 12, p. 1517.)
Petitioner argues that by denying his motion for mistrial, the trial court abused its discretion and violated his Fifth and Fourteenth Amendment rights under the United States Constitution. (Pet'r's App. at 9--11.)*fn1 Specifically, Petitioner contends Phillips' statement "clearly suggest[ed] to the jury that had he not passed this examination he would not be testifying before the jury" and that, as a result, "the jury's role of determining credibility was infringed upon and prejudiced [Petitioner] from receiving a fair trial." (Id.) Respondent counters that the witness' "reference to a polygraph test was brief, inadvertent, and made no mention of actually taking such a test or any test results," and, thus, did not violate Petitioner's constitutional rights. (Answer at 16--17.)
Generally, the use of and admissibility of polygraph evidence is a matter of state law. Weston v. Dormire, 272 F.3d 1109, 1113 (8th Cir. 2001). "For the purposes of habeas review," this court, therefore, "consider[s] only the question of whether the state trial court's ruling . . . rendered [Petitioner's] trial fundamentally unfair." Id. Petitioner has pointed to no Supreme Court precedent, and this court's research has revealed none, showing that the trial court's denial of Petitioner's motion for mistrial under these circumstances was "contrary to, or involved an unreasonable application of, clearly established Federal law as determined by the Supreme Court."*fn2 28 U.S.C. § 2254(d)(1) (2006). In fact, the Supreme Court denied certiorari on a case in which the Fourth Circuit found the trial court's refusal to give the defendant's requested curative instruction that the jury disregard the mention of a polygraph test in the prosecution's star witness'immunity agreement did not violate the defendant's right to a fair trial. Arnold v. Evatt, 113 F.3d 1352, 1363--64 (4th Cir. 1997), cert. denied, 522 U.S. 1058 (1998). The circuit court concluded that "[t]here is simply no reason to believe . . . that an inference about a polygraph test, concerning a witness who testified at length on direct and cross examination, significantly affected the jury's credibility assessment." Id. at 1364. Here, Phillips also testified at length on direct and cross examination. (State R. at v. 12, pp. 1438--1591.) Moreover, the witness' reference to a polygraph test was brief, inadvertent, and made no mention of actually taking such a test or any test results, rendering the statement the kind of error that generally can be remedied by a curative instruction. See, e.g., Greer v. Miller, 435 U.S. 756, 766 (1987) (where a prosecutor asked a single improper question, and there was an immediate objection followed by curative instructions, the prosecutor's improper question did not violate the defendant's due process rights); United States v. Tedder, 801 F.2d 1437, 1445 (4th Cir. 1986) ("[E]ven if some jurors drew an inference about the results of the [polygraph] test, there is no special reason in this case to believe that the inference was any more critical in assessing the witness' credibility than it was in cases in which a curative instruction was found to be sufficient.").*fn3 Based on the foregoing, I find the trial court's denial of Petitioner's motion for mistrial was not an unreasonable application of or contrary to clearly established Supreme Court precedent.*fn4 See 28 U.S.C. 2254(d)(1) (2006).
b. Harmless Error
At Petitioner's trial, Marquez's ex-girlfriend testified that soon after Bonicelli's murder, Marquez called her and told her he had just finished doing a job for $10,000 and, before leaving town, wanted to stop by and give her and their child some money. (State R. at v. 13, pp. 1841--42.) Another prosecution witness, Jerry Romero, was an acquaintance of Marquez and testified that when he asked Marquez whether he had killed Bonicelli, Marquez laughed and said he had. (Id. at v. 14, p. 2055.) When the prosecution asked whether Romero remembered telling a detective that Petitioner hired Marquez through Valdez to kill Bonicelli, Romero testified he did not recall making those statements, but that he had spoken with a detective and did not think the detective would lie about what he had told him at the time. (Id. at v. 14, pp. 2060--63.)
On appeal, the CCOA found the trial court erred when it allowed Marquez's ex-girlfriend and Romero to testify regarding statements made by Petitioner based on the co-conspirator's exception to the hearsay rule, because the statements were not made in furtherance of a conspiracy. (Pet'r's App., Ex. 1, Part 1 at 62--70 [CCOA Decision].) The court concluded the error was harmless beyond a reasonable doubt with regard to the Phillips murder but not with regard to the Bonicelli murder. (Id.)
Petitioner contends the error was not harmless beyond a reasonable doubt even with regard to the Phillips murder. (Pet'r's App. at 11--13.) According to Petitioner, the prosecution hinged its case on showing the two homicides were committed as part of an ongoing conspiracy and were allegedly carried out for the same amount. (Id. at 12.) The hearsay evidence, argues Petitioner, was the only testimony linking the two murders, which clearly renders the testimony harmful. (Id.) Respondents, in turn, reiterate the trial court's conclusion that any impact of the hearsay evidence on the Phillips murder was counteracted by the strong evidence of Petitioner's guilt for that murder. (Answer at 18--20.)
In Chapman v. California the Supreme Court held that to avoid being overturned on appeal, "the beneficiary of a constitutional error [must] prove beyond a reasonable doubt that the error [was harmless]." 386 U.S. 18, 25 (1967). I find the CCOA's application of this standard was neither an unreasonable application of nor contrary to Supreme Court precedent. See 28 U.S.C. § 2254(d)(1) (2006). Assuming the damaging potential of the hearsay statements was realized, the CCOA determined admission of the improper evidence was harmless beyond a reasonable doubt as to Petitioner's conviction for the Phillips' murder, because "[t]he evidence of defendant's guilt as to the first killing was strong." (Pet'r's App., Ex. 1, Part 1 at 66--69 [CCOA Decision].) The court pointed out that not only did Phillips testify at length as to the details of his arrangement with Petitioner for the contract killing, but Petitioner's fingerprints were also found on the passenger side of the car in which the victim had been a passenger at the time of the murder. (Id., Ex. 1, Part 1 at 69 [CCOA Decision].) In addition, the court found that the prosecution did not attempt to argue the hearsay evidence proved Petitioner's guilt for the Phillips murder. (Id.) Petitioner does not directly contest any of these findings, but, instead, inexplicably states, "It is impossible for [the hearsay] evidence to be harmless beyond a reasonable doubt because this testimony was the only evidence that even remotely linked [Petitioner] to the offenses." (Pet'r's Reply at 9--10.) This court's review of the record, however, reveals all of the trial court's findings regarding the independent evidence of Petitioner's guilt are well supported. (See State R. at v. 12, pp. 1472--76, 1496--97, 1517--18, 1542 [ Phillips' testimony concerning contracting with Petitioner]; v. 12, pp. 16--17, 1635, 1644 [Petitioner's fingerprints on the Phillips' car]; v. 16, pp. 51--53, 77--79, 82, 88 [discussion of the hearsay evidence in the prosecution's closing argument and rebuttal].) Considering the ample independent evidence of Petitioner's guilt for the Phillips murder, as well as the prosecution's complete lack of reliance on the hearsay statements to prove guilt for that murder , the trial court's finding that there was no reasonable possibility that the error contributed to the verdict was not an unreasonable application of or contrary to Supreme Court precedent. See Brecht v. Abrahmson, 507 U.S. 619, 637 (1993) (defining harmless-beyond-a-reasonable-doubt standard as no "'reasonable possibility' that trial error contributed to the verdict"); Parker v. Randolph, 442 U.S. 62, 70--71 (1979) ("In some cases, the properly admitted evidence of guilt is so overwhelming, and the prejudicial effect of the co-defendant's admission so insignificant by comparison, that it is clear beyond a reasonable doubt that introduction of the admission at trial was harmless error."), overruled in part on other grounds by Cruz v. New York, 481 U.S. 168, 191 (1987); accord Schneble v. Florida, 405 U.S. 427, 431--32 (1972); Harrington v. California, 395 U.S. 250, 253--54 (1969).
c. Severance of the Two Murder Counts
The record reflects that on December 27, 2000, Petitioner filed a motion to sever the two murder counts, because: (1) the two incidents "took place well over a year apart and involved two entirely different victims and circumstances;" and (2) failure to sever would "raise a presumption of guilt on the ground that, having committed one crime, the depravity it exhibits makes it likely he would commit another." (State R. at v. 1, pp. 145--47.) On May 7, 2001, the trial court issued a written order denying the motion to sever, because the court found the evidence in both cases to be "substantially interrelated," and "the probative value of the interrelated proof outweigh[ed] the prejudicial effect of both counts being tried in a single trial." (Id. at v. 2, pp. 200--01.) Petitioner failed to renew his motion to sever at trial. On direct appeal, Petitioner argued that the trial court abused its discretion in denying his motion and that, had Petitioner been aware the prosecution intended to offer inadmissible hearsay under the co-conspirator exception, Petitioner would have argued the prejudice incurred by the admission in its initial motion to sever. (Id.) The CCOA found that because Petitioner failed to renew its motion for severance "during trial in order to alert the trial court to the necessity of reconsidering its original decision in light of the evidence presented at trial, it was deemed waived." (Id., Ex. 1, Part 1 at 70--71 [CCOA Decision].) Petitioner contends that by refusing to sever the two murder counts, the trial court abused its discretion and violated his right to due process under the United States Constitution. (Pet'r's App. at 13--14.) Respondents counter that the CCOA properly found Petitioner had procedurally defaulted his severance claim by failing to renew his motion to sever. (Answer at 20--22.)
Under AEDPA, a federal court "generally may not consider 'issues on habeas review that have been defaulted in state court on an independent and adequate state procedural ground, unless the petitioner can demonstrate cause and prejudice or a fundamental miscarriage of justice.'" Hammon v. Ward, 466 F.3d 919, 925 (10th Cir. 2006) (quoting Smallwood v. Gibson, 191 F.3d 1257, 1268 [10th Cir. 1999]). Petitioner does not dispute that under Colorado law, failure to renew a motion for severance of counts waives appellate review of the issue. (Pet'r's Reply at 10 [citing People v. Aalbu, 696 P.2d 796, 806 (Colo. 1985)].) "The purpose of the renewal motion," according to the Colorado Supreme Court, "is to alert the court to the necessity of reconsidering its original decision in light of the evidence presented at trial and to permit the defendant to reevaluate the issue of prejudice and to elect to proceed with a consolidated trial despite the risk of prejudice."Id. (internal quotations omitted).
Petitioner does not deny that the Colorado procedural rule is an independent and adequate state procedural ground. (See Pet'r's App. at 13--15; Pet'r's Reply at 10--11.) Instead, Petitioner contends he has cause for failure to comply with the rule and has experienced prejudice as a result of its application. (See Pet'r's App. at 13--14; Pet'r's Reply at 10--11.) I need only address Petitioner's claim of cause. Petitioner contends that after the wrongful admission of the hearsay statements, renewal of his motion to sever "would have been moot[,] because the admittance of the hearsay statements virtually created a nexus between the once separated cases." (Pet'r's App. at 21.) Petitioner's argument is wholly unavailing. The Supreme Court has made clear that "the futility of presenting an objection to the state courts cannot alone constitute cause for a failure to object at trial," and a petitioner "may not bypass the state courts simply because he thinks they will be unsympathetic to the claim." Engle v. Isaac, 456 U.S. 107, 130 (1982). Although Petitioner believes the "[CCOA] failed to internalize the evolving posture of the trial as evidence was admitted, with specific emphasis on the admittance of the co-conspirator hearsay statements," (Pet'r's App. at 14), what Petitioner fails to internalize is that it was his duty to alert the trial court as to the "evolving posture" of the trial and any concomitant necessity of reconsidering the court's original ruling on the motion to sever. See Aalbu, 696 P.2d at 806. Based on the foregoing, I find Petitioner has defaulted in state court on an independent and adequate state procedural ground, and Petitioner has failed to show cause for this non-compliance. Thus, under AEDPA, this court may not consider Petitioner's constitutional claims concerning denial of his motion to sever. See Hammon, 466 F.3d at 925.
d. Jury Instructions
Petitioner's fourth and final claim is that as a matter of plain error, and in violation of his constitutional right to due process, the jury was incorrectly instructed concerning the prosecution's burden of proof. (Pet'r's App. at 15--17.) The record reflects that both jury instructions concerning the elements of first degree murder contained the following language: "After considering all the evidence, if you decide the prosecution has failed to prove each of the elements beyond a reasonable doubt, you should find the defendant not guilty of Murder in the First Degree." (State R. at v. 2, pp. 342--33.) Petitioner did not object to the instruction at trial. (Id., v. 16, pp.36--41.) Petitioner contends that the wording of this jury instruction suggests that Petitioner should have been found not guilty only if the prosecution failed to prove all elements of the offense; when, in fact, the law mandates a defendant be found not guilty if the prosecution fails to prove any element of the offense. (Pet'r's App. at 15--17.) The proper instruction, argues Petitioner, is that contained in the jury instruction on reasonable doubt: "If you find from the evidence that the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt you will find the defendant not guilty." (Id. at 16; see State R. at v. 2, p. 331.) Respondents counter that Petitioner's argument has been repeatedly rejected by the CCOA and that Petitioner has not met its heavy burden in a habeas proceeding. (Answer at 23--25.)
As Petitioner concedes, an applicant for habeas corpus attempting to set aside a state conviction because of prejudice from an erroneous jury instruction has a heavy burden. (Pet'r's Reply at 12 [citing Nguyen v. Reynolds, 131 F.3d 1340, 1357 (10th Cir. 1997)].) The Supreme Court has stressed that "the question in such a collateral proceeding is 'whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process,' not merely whether 'the instruction is undesirable, erroneous or even universally condemned.'" Henderson v. Kibbe, 431 U.S. 145, 154 (1977) (quoting Cupp v. Naughten, 414 U.S. 141, 147 [1973] [internal citations omitted]). Moreover, "[i]t is the rare case in which an improper instruction will justify reversal of a criminal conviction when no objection has been made in the trial court." Id.
In the instant case, in addition to the instruction Petitioner complains of, the jury was given the following instruction regarding reasonable doubt:
The burden of proof is upon the prosecution to prove to the satisfaction of the jury beyond a reasonable doubt the existence of all of the elements necessary to constitute the crime charged. . . .
If you find from the evidence that each and every element has been proven beyond a reasonable doubt, you will find the defendant guilty. If you find from the evidence that the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt you will find the defendant not guilty. (State R., v. 2, p. 331.) These instructions make clear that the prosecution had the burden to prove every element of the crime charged. Considering the jury instructions as a whole, and "[w]ithout ultimately passing on the desirability of the challenged . . . instruction, [this court] concludes its use in this case did not so infect Petitioner's trial as to deprive him of a fair trial or due process of law." See Nguyen, 131 F.3d at 1357; Patton v. Mullin, 425 F.3d 788, 804 (10th Cir. 2005) (quoting Francis v. Franklin, 471 U.S. 307, 315 [1985]) (noting that when analyzing an improper jury instruction, the court should consider the jury instructions "as a whole" and that "'[o]ther instructions [may] explain the particular infirm language to the extent that a reasonable juror could not have considered the charge to have created an unconstitutional presumption'"). Additionally, Petitioner has failed to show prejudice as a result of the purportedly erroneous instruction. He neglected to explain what element the jury could have reasonably found the prosecution failed to prove beyond a reasonable doubt had the jury been "properly" instructed. (See Pet'r's App. at 17.) Further, Petitioner does not point to a single case in which the jury instruction at issue, or one similar to it, was found to constitute constitutional error.*fn5 (See Pet'r's App. at 15--17.) Based on the foregoing, I find Petitioner has fallen far short of meeting his "heavy burden" in attempting to set aside his conviction based on an erroneous jury instruction. Nguyen, 131 F.3d at 1357.
3. Conclusion
In accord with the foregoing, it is therefore ORDERED that Petitioner's petition for a writ of habeas corpus (# 1) is DENIED.
EDWARD W. NOTTINGHAM United States District Judge
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Q: At my high school, various clubs and organizations sponsor charity drives, asking students to bring in money, food and clothing.
Some teachers offer bonus points on tests and final averages as incentives to participate.
Some parents believe that this sends a morally wrong message, undermining the value of charity as a selfless act.
Is the exchange of donations for grades OK? - Sara Lambert, New City, N.Y.
A: This is a bad policy, not because it sends the wrong message about charity, but because it sends the wrong message about math or chemistry or Advanced Placement English. Grades are meant to assess a student's academic achievement, not to stimulate social activism, however worthy.
This is not to condemn incentives.
While some religions prize selflessness as a personal quality, ethics is less concerned with individual spiritual development than with right actions.
Looked at this way, charity needn't be selfless to be worthwhile.
People behave estimably and ethically for a variety of reasons - personal glory, social justice, religious obligation, love of the work itself, to prove to their jeering so-called friends that they're not the selfish jerks everyone thinks they are.
Few who praise soldiers for their patriotic zeal demand that we cut their pay.
It does not lessen our approbation of the National Coalition for the Homeless that staff members earn a salary.
I suspect that many parents who criticize your school's policy return home from worthy paid jobs - as physicians? as firefighters? as librarians? - to shoulder altruistic tasks. Doing the former doesn't discourage them from doing the latter.
It is legitimate for a school to encourage social involvement. And rewarding participants is a way to show that society values their efforts.
But the rewards must not blur the distinction between classroom and outside activities.
Have a party for volunteers or arrange a trip to the beach or hand out tiaras, but don't fiddle with their physics grades.
Randy Cohen is the author of "The Good, the Bad and the Difference: How to Tell Right From Wrong in Everyday Situations," recently published in paperback by Broadway Books.
Do you have ethical questions that you need answered? Send them to firstname.lastname@example.com, or Everyday Ethics, New York Times Syndicate, 122 E. 42nd St., 14th floor, New York, N.Y. 10168.
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BJ's Posts a Strong Profit
September 12, 2011-- Home Textiles Today,
BJ's Wholesale Club's earnings sharply outpaced expectations for the second quarter, rising 25% to 84 cents per share. The club had projected earnings between 74 to 78 cents.
Sales climbed 11.0% to 2.98 billion, and comps rose 7.8%. Excluding the impact of fuel sales, comps were up 3.8%.
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4 posts tagged with pranks by Potomac Avenue.
Displaying 1 through 4 of 4.
Thanks for helping me to deceive the world
If you're one of the 9 million or so inhabitants of Planet Earth who watched this video last week and laughed out loud at the spectacle of a girl whose sexy "twerking" home video turns into an epic fiery disaster, then the joke's on you, courtesy of now undisputed prank-champion Jimmy Kimmel.
"Note (January 26, 2012): Some people have complained that this site has been sending them texts. If you're one of them, then someone else might be playing a prank on you. This Cat Facts page does not gather people's emails or phone numbers and has no technology capable of sending out messages. Sorry, there is nothing we can do to help since we aren't the ones sending the messages."
Now we're going down a different aisle
Ever get the feeling you're being watched? Maybe you're just Paranoid. [more inside]
Page: 1


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Every moment of life contains the potential for learning
something new. We teach and we learn, we give and we
take. There is so much we can offer one another. In this
issue of magnet we look at teaching and learning – from
more formal education to the challenges of Christian
discipleship, from teaching passed down through
generations to the knowledge we absorb without even
thinking about it.
Sorry the page you requested has either been moved or no longer
exists. Please use the menu or search facility to navigate to the
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The Maui News reports more than a hundred people testified before a Maui County Council committee Tuesday on the regulation of pesticides and GMOs.
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Designs by jillbyers
Jill Byers
Rhode Island USA
Hi! Thank you for stopping by to take a look at my designs! Please contact me for custom orders. All designs are ©Jill Byers
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(posted Oct. 1, 10:20 a.m.)- The Russian government is prepared to supply Nicaragua with equipment and weapons aid the war on drugs, according to Viktor Ivanov, head of Russia's Federal Drug Control Service, as quoted by Russian media.
Ivanov reportedly made the announcement today in Moscow following a meeting with Nicaraguan Police Chief Aminta Granera, who has been in Russia since last week.
Russian media outlet RT quoted Granera as saying that Nicaragua was grateful for Russia's offer of "specialized equipment, which will strengthen the ability of Nicaraguan police to deter crime."
During the first meeting between Ivanov and Granera held last February in Managua, the Russian drug tsar promised a new Russian-funded anti-narcotics training center in Nicaragua. That pledge of support has not been mentioned since.
Specifics regarding the type of equipment and weapons that Russia is now promising Nicaragua, or the cost of that drug-war package, were not immediately available. The Nicaraguan government has not yet commented on the media reports from Moscow.
Nicaragua has, however, dramatically increased its military aid from Russia over the past few years. A source tells The Nicaragua Dispatch that Russia last year provided Nicaragua with $26.5 million in military aid, compared to about $3 million from the U.S. military.


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Formal evaluation is critical to determining the merit and effectiveness of programs supported by Federal funds. Recognizing this, Congress placed in the Title VI legislation two reporting requirements--a biennial report of State and local Title VI allocations which provides descriptive data on the uses of Title VI funds, and a State self-evaluation of effectiveness of State and local Title VI programs.
Biennial Report
Title VI requires the SEA to submit biennially to the Secretary a report covering the use of funds by the SEA and its LEAs, the types of services provided and the children served. (Section 6202(a)(2)(A), 20 USC 7332(a)(2)(A)). There is no required format for submitting the biennial report. However, to assist SEAs in fulfilling this reporting requirement, the Department, in consultation with representatives of SEAs and LEAs, has developed a model that SEAs might wish to use.
The biennial report should cover two years of data, whether the report includes separate data for each of the two years covered or provides the data for the two years in a combined form. The Department, in conjunction with SEA and LEA representatives, has developed the following suggested timeline for collecting and reporting data. SEAs would submit data collected in school years 1995-96 and 1996-97 to the Department in December 1997, and would submit data collected in school years 1997-98 and 1998-99 in December 1999.
Biennial Reports- Suggested Timeline
Evaluation of Effectiveness
Title VI also requires the SEA to conduct a formal evaluation that assesses the effectiveness of Title VI programs. The Department envisions that evaluations would measure the overall impact of Title VI on the improvement of education--specifically on schools' curriculum and instruction, on school staff, and on students. The SEA must evaluate the effectiveness of both statewide programs and local programs. In evaluating local programs, the SEA is encouraged to consider the discretion that LEAs have to allocate funds among the innovative assistance programs.


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Allie LaForce is currently a sports reporter for "Fox8 News". Her passion for television broadcast began when she was working as a sideline reporter, color analyst and studio host for "Sports Time Ohio", covering the Mid-American Conference and both high school football and basketball championships. She has also worked as a sideline reporter for Fox College Sports.
In 2005, Allie became the first from the great state of Ohio to win the title of Miss Teen USA later that year. In this role, Allie embarked on an amazing journey becoming an exemplary roll model for teens, building relationships with organizations dedicated to education and action such as: Best Buddies and Gilda's Club.
After a year of traveling and public speaking, Allie decided to study journalism at the Honors Tutorial College, a division of Ohio University, where she graduated Magna Cum Laude. She spent two years as a member of the women's basketball team which led her to a position with Nike as a field reporter in the Midwest. At the same time, she also worked as a producer and host for the Ohio University Football Coach's Show "Bobcat Blitz." The Vermilion native has also been a reporter for Emmy-Award winning high school football show "Gridiron Glory".
Allie's motivation and competitive mentality runs in the family. Her father, Wade, played in two Stagg Bowls for the Wittenberg Tigers and her mother Lesa, was a tennis player and cheerleader at Kent State University. Allie's brother Jack is currently a linebacker for the Mount Union Purple Raiders, and her sister AuBree is a four-sport standout at Vermilion High School.


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Jogye Order to increase their age limit for monastic ordination
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Freedom as Fluency by Koun Franz
Practice Realization Expression by Taigen Dan Leighton
Zen in America website and trailer launch
WEBSITE: http://zeninamerica.com/ Hi friends! I've been having a blast doing this documentary so far, finding myself wanting to see it someday as much as anyone else. As you can see from the trailer, it's not just teachers I'm talking with — I want this film ...Read More »
Souls of Zen – Buddhism, Ancestors, and the 2011 Tsunami in Japan, a new documentary film
Zen Furnace – Documentary to be featured at the 2011 Louisville International Film Festival
Abraxas no Matsuri, a film by Director Naoki Kato (w/ Trailer)
The Zen Mind – Emptymind Films
To Joshu Sasaki Roshi: Roshi You Are a Sexual Abuser
In Memory of Chizuko Karen Joy Tasaka (1951-2010) To Joshu Sasaki Roshi: Roshi You Are a Sexual Abuser Because Chizuko Karen Joy Tasaka did not live to see the Rinzai-ji community acknowledge the sexual abuse she described in her poetry, I felt it was especially ...Read More »
One hundred and eleven years ago today, Shunryu Suzuki was born
Floating Onward: Honoring Venerable Bhante Suhita Dharma
Remembering Daigan Lueck: Painter, poet, monk by Norman Fischer
Susan Jion Postal: Beloved Teacher Darlene Cohen


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News On Kelly Kelly's WWE Return & Future, Ryback & DiBiase Appearances[Previous Article] - [Next Article] - [Contact Author]
- Ryback will be appearing at the National Guard Storefront in Mesquite, Texas on August 13th from 11am-1pm.
- Ted DiBiase will also be appearing at the National Guard Storefront in Round Rock, Texas the following day on August 14th from 11am-1pm.
- Kelly Kelly tweeted the following message after returning on Monday's WWE RAW:
"So happy to be back on raw 2night an trending worldwide made it even better we have the best fans in the world thank u #k2krew love you guys"
WWE Divas Champion Layla touted a video after RAW congratulating Kelly Kelly on her return and teased that they might be teaming up in the near future.
Kelly was off television for an extended period of time and it has been widely reported that her future with the company was uncertain. WWE was reportedly interested in signing her to a new long-term contract and Kelly began taking bookings outside of the auspices of WWE. No word yet on her contract status, but her return to television is a strong indication that she's staying on board.
* News On KHARMA's Future & A Former WWE Superstar Allegedly Abusing ROSA MENDES


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When it comes to your pet's health, there's no such thing as a dumb question. Search questions real clients have submitted to our popular Ask a Vet Q&A series, and then submit a question of your own.
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Contact your nearest Banfield Pet Hospital to schedule an appointment today.


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|GM Brute Squad
@ Kulik, Oh, you are looking for Halil, next door. He will supply all your land meat needs.
The half-orc drifts over to the indicated stall, flips a gold coin to Halil and grabs a large haunch in the same motion, hurrying after the trapspringing human, looking curiously at the oddly-shaped fruit.
|Dungeon Master S
Bishop trusts that Timber will continue to heel. He tosses the worrier a disarming smile. "Friendly as an Andor.... he's friendly." Bishop stops the overly patriotic simile this time, looking to gauge the lay of the land before speaking like an Eagle Knight.
|Erin Alegra
Erin purchases a small coconut from the vendor. She punctures it with a small knife, drops a straw in from her pack, and takes a sip.
"Quite refreshing, thank you."
She states to the vendor, then turns to survey the crowd for her unknowing point of contact.
Scanning through the crowd, she spots the large half-orc making a beeline right towards her through the press of people. She stares at him blankly from under her cowl while sipping from her fruit.
|Amira El-Amin
@ Amira, He's partial to this blend here. A fine bit of leaf. 13 Silver for a pound.
"I'd like to make some advance payments for him, if he doesn't already have a tab open." She draws 20 coins from her storage box. "This should be enough for 10 pounds, though I'd like to take one to him directly. Any idea where he would be right now?"
|Ashur Glaber
"I've been thinking lately. Dangerous practice I know, but I've been reflecting on the places I've been and the trouble I've seen. And the people I've worked with too." He glances over at Erin, Yandu, and Anya.
"Don't ask me why I've gone all contemplative. I don't understand it myself."
Random Market Vendor
"Sure, I'll try almost anything once." He downs whatever new brew they want him to try.
|Bishop Shepherd
"Erin, I see the half-orc you're eyeing. Is this a friendly meeting? I know we've just met, but it's my habit to back up my teammates no matter what."
The ranger then turns to Ashur, "If there's one thing I can respect, it's introspection." From his haversack he retrieves a worn and well used journal. A quick riffle through the pages shows copious notes about his past missions and the people with whom he traveled. "I study my comrades, their strengths, weaknesses, and habit. It helps me become a better Pathfinder."
I do actually keep a list of my fellow party members. Bishop started in either Season 0 or 1. I've kept the habit up.
|Erin Alegra
|Bishop Shepherd
@Bishop: Rest assured, I mean our rogue no harm. :-) Kulik is following her waiting for an opportunity to ask her about something she mentioned earlier, as she seems to know her way around Korvosa well. Thanks for keeping an eye out on everyone, though!
|Erin Alegra
Erin leans against a nearby vendor stall and looks up at Kulik as his large form casts shade over her.
"The Society seems to have a never-ending supply of towering giants in their ranks."
She thinks to herself before asking.
"Kulik I believe it was? Can I help you with something?"
The half-orc appears taken aback being questioned directly, but recovers quickly enough. KULIK, yesh. Um, Erin human mention a temple...a Pantheon of Many. KULIK want to know if Deshna honored there or in another temple.
He appears to think a moment, and makes to take a bite from the haunch he holds, but stops himself, then continues: KULIK not want to dishturb Erin human. Apologize if KULIK dishturb. Can wait until later to talk of thish.
|Erin Alegra
The half-orc nods in thanks, and takes a step away from the rogue in an effort to give her some space.
The mission briefing mentioned Zeeva Foxgolve running a business here. Perception: 1d20 + 11 ⇒ (4) + 11 = 15 to see anything out of the ordinary, perhaps something telltale we were given to identify her, or else to find someone who actively appears to be steering people away from a particular vendor.
|Bishop Shepherd
I too keep my eye out. I have multiple orders of business with her. If she looks anything like her sister, I hope that I recognize her. Perception 1d20 + 12 ⇒ (8) + 12 = 20 (another +4 for Zeeva herself.)
|Ashur Glaber
"That's smart, actually. Making notes about all your allies' strengths and weaknesses."
Ashur also looks around for Zeeva.
Perception: 1d20 + 13 ⇒ (18) + 13 = 31
Oh, since I have Terrain Bond, everyone has +2 Initiative, Perception , Stealth, and Survival while we're in the city and we don't leave a trail unless I want to. This also applies when we're underground or in the mountains.
Yandu enjoys the bustle of the new city. He follows the others - hoping to meet up With the Foxgloves.
Pathfinders who haven't met Yandu yet notice a gnome who seem seldom to worry and often seems to act childlike if something novel attracts him. It takes a while to realize that below the veneer he is a serious Pathfinder.
His latest interest seems to be a new belt with lots of wands in it. There seem to be at least 20 - until you look closer and identify most of them a simple wooden sticks albeit irt seems from many different kinds that Yandu uses to carve.
"If anyone spots a unusual piece of wood - let me know. "
|Erin Alegra
|Ashur Glaber
|Erin Alegra
|Ashur Glaber
|Erin Alegra
"Yeah, most likely place to find someone running the place I would think. We can just wait here until the others join back up with us."
Erin states, after a couple minutes of silence pass she notes the new scars on Ashur for the first time.
"So, if you do not mind me asking, did you happen to anger an Erastil firing squad on your last venture?"
|Ashur Glaber
"I probably have, but they didn't do this. A trio of f#&&ing harpies did this. One was inspiring them as they put their arrows into my backside. Not my finest moment. I guess we can wait here then."
|Erin Alegra
Erin's face begins to work into the familiar wry smile that usually is followed by a cutting remark.
"Arrows in the backside, those usually are not very he..."
She then trails off, adopting a more serious expression and asking.
"Did you get them running, or did someone hang you out to dry?"
|GM Brute Squad
You spot a stunning woman with chin-length, strawberry blonde hair, wide brown eyes, and a generous smile wondering the market with a cat weaving in and out of the crowd behind her. She checks on several vendors and then spots your group, recognizing your Pathfinder badges.
Walking up to Bishop, My sister has spoken quite highly of you. She's never one to be easily impressed. Turning to the whole group, Thank you so much for coming. I can't tell you how much this means to me. I've complained to the city, but it's as if the Aspis Consortium has bribed everyone, or the authorities just don't care. I'm happy to pay for your lodging while you're helping me. If you like, I can show you around the market.
|Ashur Glaber
"Neither actually. They trapped all of us in a small room. We all got our share of arrows. No chance to run away or for people to leave me high and dry. I guess life decided to be fair this time."
"So uh, what's new with you?"
"So what's going on exactly? We're a little sketchy on the details. Why don't you tell us while you give us a tour of the city?"
|Amira El-Amin
Just realized my lack of clarification, I put down 20 GOLD coins.Not trying to have some "Weird Coinage Riddle," do ho ho.
|Erin Alegra
Erin pulls back a sleeve on her cloak, exposing a couple healing burns.
"Showing some new guys the ropes, got jumped by goblin pyros, we cleaned them out in the end though."
She then looks up at the new arrival.
"Looks like our contact is here."
|Ashur Glaber
"Rookies.. Those were the days. Goblin pyros? Sounds like my kind of mission. I would'a traded with you if given the chance. I'm not built to fight flying archers, but little green guys who's worst attack involves fire? At least you got out of it okay."
|Bishop Shepherd
Zeeva, you are as ravishing as your sister. Please, as Ashur said, what is it that is going on here and how can we help? You are very generous to offer room and board. Out of curiosity, are we to stay in the Foxglove family manor?"
Yandu bows down to Zeeva - the small gnome nearly hitting the floor
"Greetings my lady. It is so kind for you to look out for us. I'm sure the Pathfinder society will take care of your problems. There are groups - like the Pathfinders - or some of my friends from the Eagle Knights - who are keenly against the unlawful behaviour of the Aspis scum. If this would be Andoran then I would be sure your problems would already be solved.
But no worry - me and my friends here will take care of your problems."
You notice the little gnome to cast a prestidigitation on himself. Whatever your impression of his flowery language is - he seems to try to leave a good first impression on the lady.
Diplomacy 1d20 + 5 ⇒ (4) + 5 = 9
But it seems a little bit over the top and contrived.
|GM Brute Squad
|GM Brute Squad
Zeeva, Well, a few weeks ago they approached my and wanted to buy the Green Market, but I wasn't interested. It's been very successful and, though I never thought I'd find myself saying this, I love what I do. Then they wanted to lease space inside of it, but when I found out they wanted to sell weapons and armor, I declined. This is a peaceful market for local merchants I explained. That's when they started to harass me.
If the Aspis thugs see that I have protectors such as you, I hope they will leave me alone. If you could stick around the market for a few days; it's only a mater of time before they come knocking at my door again.
|Ashur Glaber
"Sounds easy enough. Just hang around here and keep the Aspis off your back, right?"
A few moments pass after his uncharacteristic optimism sets in.
"I've got a bad feeling about this. Is there anything else we should know?"
Sense Motive: 1d20 + 1 ⇒ (14) + 1 = 15
|GM Brute Squad
|Amira El-Amin
Amira thanks the shopkeep and turns towards the door, taking one pound of his choice leaf with her. "Lord Waldridge, good day to you. I am Amira El-Amin, priestess of Abadar and representative of Trade Prince Aaqir al'Hakam. He presents you with a business proposal for you as well as a gift," she says as she bows, offering him the package with the business proposal letter atop it. "You will find that you now have a tab open with 20 gold* of credit on it. I do hope you accept the Trade Prince's offer."
* I just now realized I meant 2 gold earlier, but as said in this game before, posting from a phone is dangerous and makes it easy to miss things. I'm totally cool with 20gp, though. Day job will (at least) negate that later, anyways. If I only have 9 lbs worth of credit on his tab, I say he has that in it. If it's 20 gold, I say that.
|Erin Alegra
Erin silently assesses the situation to see if there are any underlying issues beyond the Aspis.
Sense Motive 1d20 + 9 ⇒ (7) + 9 = 16
Coming to roughly the same conclusion, she asks Zeeva.
"Could you describe these thugs for us? Also, are you acquainted with a regular named Aeysha?"
KULIK nods silently as Zeeva describes her plight. When she is finished, he studies her for a moment, Sense Motive: 1d20 + 13 ⇒ (11) + 13 = 24 then bows to her and speaks slowly but deliberately. At your service, pretty human lady. No harm come to you or your market while we nearby.
|Ashur Glaber
|Bishop Shepherd
"Zeeva, indeed we can protect you. If there is a skill on this earth I excel at, it's...dissuading men who mean the innocent wrong. This is not my first detail in protecting someone. I ask a simple favor. Please, no heroics on your part. You have an important role to play in this world. A peaceful market of this is the backbone of civilization. Even if you're skilled with blade or spell, let us do the protecting... Now, on to the matter of lodging....
|GM Brute Squad
Zeeva, Ah, yes. There is a local inn and the proprietor is a friend of mine. I'll get you a note for her. Zeeva exits to her office and returns shortly with a parchment explaining to Margaret that she will cover the room and board expenses for you.
Now if you will excuse me for a bit, I like to mingle with the customers. Relationships are good for business, and the soul. Zeeva wonders off.
|GM Brute Squad
Amira, I thought 20 gp was a bit of an odd amount. Let's say 13 gp for 10 pounds and leave it at that.
Oh my, a generous offer from a stranger. You are as shrewd as you are beautiful my lady. I'm sure the Trade Prince values your services. I will take a look at his proposal for you.
|GM Brute Squad
|Amira El-Amin
Amira, I thought 20 gp was a bit of an odd amount. Let's say 13 gp for 10 pounds and leave it at that.
Oh gods, simple math; my nemesis! I tried to do more, but I got confused. Let's just go with that.
"I have been told that timing is integral for this offer's chances of success. I ask that you at least determine the validity of my benefactor's statement, if only as a courtesy to me. I assure you, 13 gold may very well be a pittance should this negotiation take place."
|Erin Alegra
|GM Brute Squad
Don't you worry, my lady, I will take a look at it. However, I will shop now and consider his offer later when I have a quiet place to consider it.
|Amira El-Amin
** spoiler omitted **
I'm home-bred on S0-1-2 Taldan missions, so when the big boss says "Make him see this note quickly," I'm trained to try to make them see the note ASAP. Then agin, those were usually death threats or ransom notes.
"Ah, fair enough," she says as she leaves the shop. "Enjoy the tobacco." Amira rejoins the group immediately after, ready for inquiries/gathering information.
|Ashur Glaber
Kulik turns to Bishop and speaks quietly.
Not know how well we can protect pretty human lady without knowing where she is while we at inn. Maybe we take turns watching?


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HW Group s.r.o. - PRODUCT NEWS
IT Environment Monitoring: Start measuring right now over E-mail, SMS, SNMP
"Poseidon 3265 GSM2 Tset" is a start-up set for monitoring up to five temperature and humidity values, with output sent by e-mail, by SMS to a GSM phone, as well as to a SNMP-enabled NMS.
HW group s.r.o, a Czech Republic based manufacturer of monitoring products, introduces a start-up set for monitoring temperatures and humidity in IT environments over a network as well as over GSM SMS.
With the set, responsible staff can receive timely warnings about temperature or humidity problems with servers or other IT equipment. Rising temperature near a server leads, after certain time, to automatic server shutdown - causing significant expenses to restore the operation as well as reducing revenues due to equipment downtime. Such unforeseeable costs can be avoided with an early-warning system that functions independently of the Internet connectivity.
Corporate IT departments often experience temperature problems with important servers in 24x7 operation but lack a central monitoring system to watch over their IT infrastructure.
These customers will benefit the most from the start-up set. It is easily installed, connected to the network, and reliably alerts the IT manager to potential problems by e-mail as well as by independent text messages (SMS).
If the customer already uses a SNMP based IT infrastructure monitoring system (such as HP OpenView, IBM Tivoli, SNMPc, and so on), data from the Poseidon 3265 unit can be easily read by the monitoring application.
April 2008
Home - Website - Search - Suppliers - Links - New Products - Catalogues - Magazines
Problem Page - Applications - How they work - Tech Tips - Training - Events - Jobs


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Mental Health Supports and Services
CMHA Cochrane Timiskaming Branch's wide array of PROGRAMS offer supports and services to benefit people 16 years of age and older who are dealing with the challenges that may come with living with a serious mental illness. We partner with our clients and tailor our APPROACHES to their unique experiences in their journey as they create satisfying, meaningful lives.
Recovery is possible. We can help.
If You Are in Crisis, Call:
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If you would like more information on any of our mental health programs and approaches that are described below, or would like to make an appointment to begin the process of finding out if what we offer fits your needs, call our On-Call Worker or stop by any of our offices. Click here for the phone numbers and locations.
Our Programs
Click here for more information on the Mental Health Programs offered by CMHA Cochrane-Timiskaming.
Recovery Approach
Recovery is a word with two meanings.
Clinical Recovery is an idea that has emerged from the expertise of mental health professionals, and involves getting rid of symptoms, restoring social functioning, and in other ways "getting back to normal".
Personal Recovery is an idea that has emerged from the expertise of people with lived experience of mental illness, and means something different clinical recovery. The most widely used definition of personal recovery is from Anthony (1993)2:
"...a deeply personal, unique process of changing one's attitudes, values, feelings, goals, skills, and/or roles. It is a way of living a satisfying, hopeful, and contributing life even within the limitations caused by illness. Recovery involves the development of a new meaning and purpose in one's life as one grows being the catastrophic effects of mental illness. It is generally acknowledged that most mental health services currently organized to meet the goal of clinical recovery." © Mike Slade 2009, 100 Ways to Support Recovery
At the CMHA we are in the process of making the changes necessary to ensure our supports and services support personal recovery.
We are proud to offer many unique approaches, and would like to focus on two that we have embraced that have a wider impact on all that we do.
Click here to learn more about the recovery approach and the changes happening at our agency and the mental health services we provide.
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The well-being of the mind and body are connected. We have the capacity to support our clients in achieving fitness related goals to improve their mental health. Click here to read more.


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It is coming up on one year since I returned to the media and while most of the time has been a lot of fun and very rewarding, there have been frustrations.
When I left the Daily Herald more than 20 years ago, the newspaper was still a major source of information for most people. A lot of people relied on the paper to get up-to-date on what was going on in Prince Albert, but that has changed dramatically.
I know the Herald has had a lot of staffing issues over recent years, but I would like to think what I have done has restored a bit of faith in the Prince Albert readers. I have heard a lot of positive comments from people and received some nice notes either by email or regular mail. But, I also hear a lot of people saying that we are not current so why read it?
Well, therein lies the Achilles heel of the newspaper industry. Because there is one time each day that the paper goes to print, some things do get reported after the fact, but it does get covered.
There is still a deadline each day that we have to meet to get our stories to the people that layout the pages and these deadlines can not be challenged. When I was with the paper before, our deadlines were early the next morning so that the paper could be printed in Prince Albert for an afternoon delivery time.
I had a lot of time to sit around after various events and wait for a comment from a coach or a player because I did not have to rush to get a story written. Now when an event is being held in the evening, in order to make the story as current as possible, I have to have my product sent to Moose Jaw by no later than 10:30 p.m. — earlier if at all possible.
A lot of people don't understand that or respect that. Writing a story isn't that hard, but it isn't something that can be done, or should be done, in six minutes or less, and lately I have had to do that on occasion because some people just don't respect or appreciate this form of media.
Listening to the radio ads for a competitor all you hear is them slamming us and claiming we are a dinosaur product and a lot of people have bought into that. That's enough already! I understand the newspaper is archaic in ways, but it still serves a very valuable purpose to the community and although there was a stretch where the criticism was deserved, we have a great group of people in place that are working their butts off to make sure that this form of media stays in place.
Getting to where we are now takes a lot of work because public faith and trust had to be restored, but I think we are moving in the right direction. I know something is going right because I have had people go out of there way to come over and say thanks for what I have been doing. Still there are others who just don't appreciate it and that is the frustrating part because they are the ones that I have spent the most time with and want to support, but I'm starting to think the effort is wasted.
No, I will continue working my part-time hours and trying my best to do what I love to do. It is the rewards of the people who appreciate it that make it worthwhile. I just have to get thicker skin I guess, but then that is why I pulled myself out of the managing editor's chair, because some of the complaints and challenges made no sense and maybe some day the bigger players and our competition in the city will give the newspaper some respect.
Maybe not, but I certainly hope those that do appreciate the newspaper continue to provide us with leads on stories because we want to be of service to everyone. Maybe more people will want the product again — one can only hope. Thanks for the great year and let's see if this next 12 months can be even better.
Dave Leaderhouse is a reporter with the Prince Albert Daily Herald.


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Welcome to Stone Eagle
Stone Eagle is a private golf club featuring a stunning Tom Doak designed golf course as its centerpiece. Located within the Santa Rosa and San Jacinto Mountains National Monument and surrounded by thousands of acres of protected land, Stone Eagle defies both convention and description. At the same time, the club is centrally located and offers truly exceptional elements that are enjoyed by golfers and non-golfers alike. We invite you to explore.
We are currently extending an opportunity to enjoy Stone Eagle Golf Club without an initiation fee by payment of annual 'dues only'.
The dues for Membership are $18,000 paid in advance on a 12-month basis. If you would like more detailed information feel free to contact us or call us at (760) 250-1723.


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Freedom Newspapers
Along with people all across America — and the world — we're excited and relieved that the Space Shuttle Discovery landed safely Tuesday morning.
It was a safe ending to the first flight of the shuttle fleet since the February 2003 explosion of the shuttle Columbia as it re-entered the Earth's atmosphere, killing its seven-member crew.
This time, Discovery had problems on takeoff, when a piece of insulation flew off the fuel tank, but didn't hit the shuttle. And the astronauts had to perform in-space repairs. But otherwise, it was about as successful as one can get.
Yet our joy at Discovery's achievements is tempered by the realization that the shuttle program has outlived its scientific and technological usefulness. "Space is a place, not a government program," Ed Hudgins said; he's director of the Washington, D.C., office of the Objectivist Center and the author of "Space: The Free-Market Frontier."
"Given the problems the shuttle has had in the past and the problems on this flight, we need to think seriously about retiring the shuttle well before the end of the decade," he added. "We're getting little science from this."
Shuttle backers point to the shuttles' usefulness flying people and supplies to the International Space Station. But that isn't producing much science, either, Hudgins said.
Instead, what America needs to do, he urged, was to move toward private space measures. The same week the Discovery was launched, he noted, entrepreneur Richard Branson signed a deal with private space pioneer Burt Rutan to form the Spaceship Company to advance — and profit from — private space travel.
NASA's continuing role, Hudgins said, should not be to build a government-run "successor" to the shuttle, because that would bring with it the same bureaucratic problems as the shuttle. Instead, it should contract out services. We agree, and are heartened that the shuttle program has drawn the sharp scrutiny it needs in recent weeks from the major news organizations, even from National Public Radio. Conventional wisdom is starting to turn, rightly, against the expensive and increasingly unproductive endeavor.


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