text:
Sizing up on the slopes
By Dave Watts, TravelMail
Last updated at 12:41 12 October 2004
Salomon's F Ltd board boot,
Ski and snowboarding gear is changing more quickly than ever and there are some exciting new products to try this coming season. Here are just a few of my favourites:
Best skis Skis just keep on getting shorter, wider and more fun. Recommended ski lengths today are at least 20cm shorter than they were a few years ago; together with the extra width and more accentuated hourglass shapes, this means better stability, performance and confidence in return for less effort.
The basic choice you have to make is whether you want a ski that is designed to be used pre- dominantly on groomed pistes, which will suit most one- or two-week a year skiers, or whether to go for a freeride ski that is designed to ski as well off-piste as on.
For those wanting to stick to the pistes, you are spoiled for choice, as not only are there on-piste skis but also a huge range marketed as skiercross skis.
Skiercross is the newest type of ski race. Instead of racing one at a time against the clock, in skiercross four or more skiers start at the same time. They then fly as fast as possible down a course that has bends, banks and jumps, and the only rule is that whoever crosses the finish line first wins. Collisions and falls are the norm and add to the fun.
On-piste skis: the
Salamon Streetracer
On-piste skis
Of the new on-piste skis the top performers give fabulous edge grip and carving power. These include the Salomon Streetracer, Head Cyber and Rossignol Open and Zenith ranges.
The top skiercross skis are derived from race GS skis but have a more radical sidecut and give awesome on-piste performance when skied hard and fast.
Detuned versions of these are more suited to the majority of skiers but still have the bright graphics that give skiercross skis their young and aggressive image. Atomic, Head and Volkl lead the field in the skiercross group.
Freeride skis The best of the latest generation of freeride skis work just as well on the piste as they do off, carving great turns at both low and high speed. My favourite in this category is the Rossignol Bandit B2, now in its second year in the shops, closely followed by the Scott Aztec (but Scott is a relative newcomer to the UK ski market and so very few shops so far stock them).
Other models to look out for include the K2 Apache Recon, Head Monster IM 75, Salomon Scream 10 Hot and the Volkl 724 Pro.
Women-specific skis Women-specific skis used to be aimed at early intermediates and were generally lighter, more flexible and came in girly pastel colours. But this has all changed too. Most manufacturers now have serious performance skis aimed at advanced and expert women skiers and lots of expert women love them.
Rossignol have the widest range with 12 women-specific models including the Bandit B2W freeride ski and the Pulsion and Saphir ranges. K2 has a new Luv range for women including the high-performance True Luv freeride model and Burnin' Luv on-piste ski.
iPod jacket from Burton
Best boots
On the ski boot front, the hottest new development is the launch of Salomon's first Spaceframe boots (following the introduction of the Spaceframe technology to their skis last season.
These include the top-of-the-range Course Spaceframe and Pro Model Spaceframe which feature 'asymmetrical softening' of the shell, where the outer side is softened with the aid of hexagonal cut-outs and the inner side remains hard the design directs power to the inside edge as the outside of the boot flexes more.
Some women's boots are being given extra comfort and warmth by adding luxurious linings such as goose down in some of the Lange range. Another trend is easier-closing systems and buckles.
Other boots to check out this year include: Salomon X-Wave 8, Rossignol Bandit B2, Atomic T9 , and Tecnica Diablo Flame. There are men's and women's versions of all these boots.
Best boards With snowboarding gear the most important advances are in bindings and boots. Step-in bindings, praised for their convenience a few years ago, are all but dead.
In practice, two-strap bindings can now be put on just as quickly as stepping in, and the comfort afforded by a conventional binding and boot combo far outweighs the convenience of step-in.
Both K2 and Burton have this year launched new types of bindings which the industry is referring to as 'step-out'. They look like normal two strap bindings, but on the K2 Cinche hi-back there is a lever which lets the hi-back drop down and you can then 'step-out.'
Burton's Fusion binding looks the same as much of their range but has a small lever on the side of the base plate. When this is activated you step out of the binding, taking the straps with you by way of a small plate that runs under-neath the boot. To get back in, it's like putting your foot into a shoe (toes first and then push down with your heel).
Best board boots For the past couple of years snowboard boots have generally been available in any colour as long as it's black. Thankfully, those days are gone.
For women this year there are boots like the Burton Emerald with its Gucci styling and the Vans Tara Dakides pro model with its take on the Burberry check.
For the guys who want to stand out, there is Salomon's new F Ltd. This strictly limited edition is an evolution of the F concept (where there is no sole to the liner, which is attached directly on to the sole of the outer,allowing a shorter shell and a greater 'feel' for what's going on underneath you).
Burton has launched a new lace system on its Ion boots with toggles on the left and right cuffs: you pull the left to tighten the lower half of the lacing and the right to tighten the top half. A simple but effective way to the best fit and performance.
Best clothing With clothing, one big trend is towards ski and snowboard jackets with built-in sound and communications systems.
For example, Burton has teamed up with Apple and released a jacket that has a special pocket for an iPod and a socket in the collar to plug your headphones into (all the wiring is hidden in the stitching.And there is a set of 'soft touch' buttons on the sleeve so you don't need to open pockets etc to adjust the volume or change tracks.
Complementing the jacket is the new Burton Headphone Beany, with a pair of removable flat headphones built in to the hat. Nike's new flagship jacket,the 3L Commwear features a Motorola walkie-talkie that plugs into a microphone and speaker that is built into the collar.
The PTT (push to talk) button on the chest activates the microphone so you can stay in touch with your friends when you're on the move without even having to take your gloves off. There's also lots of camouflage/ combat jackets and trousers around including the Bonfire Fusion and Quicksilver Starwing ranges.
If you feel the cold badly, try investing in one of the new Berghaus HeatCell gilet fleeces to wear under your ski jacket. This is powered by a rechargeable battery and can be turned on to give up to three hours of toasty 38ºC heat.
Wearing a helmet on the slopes is becoming more and more popular and there are endless brands to choose from. Carrerra and Giro both have a good selection to suit various head sizes and shapes and to go with different outfits.
Giro reflect trends mentioned above by having replaceable ear pads for some of their helmets that incorporate earphones so you can still listen to music plus a camouflage patterned helmet.
Special offer! One great offer to encourage you to buy skis or a snowboard in the UK rather than abroad is that if you visit any UK ski shop participating in a special 'Everyone¹s a Winner' Snowlife promotion you'll be able to enter a great free prize draw.
Three lucky winners will each win a brand new Volvo V50 Sportswagon. And everyone who spends over £50 in a participating shop will receive a book of discount vouchers with potential savings worth £500. See www.snowlife.org.uk.
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Starfleet Ninth Fleet
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The Starfleet Ninth Fleet was a fleet group of the Federation Starfleet. (DS9 episodes: "Favor the Bold", ST - The Fall novel: A Ceremony of Losses)
During the Dominion War, the fleet was involved in several major operations. It was tasked to take part in 2374's Operation Return, however, the 9th Fleet was too late to join the 2nd Fleet and the 5th Fleet in the victorious effort to retake Deep Space 9. (DS9 episodes: "Favor the Bold", "Sacrifice of Angels", DS9 - The Dominion War novelization: ...Sacrifice of Angels)
Following Operation Return the fleet was headquartered at Deep Space 9, and combined with Klingon combat elements. General Martok became its commander. It would be involved in further combat operations. (DS9 episodes: "You Are Cordially Invited", "Change of Heart", "Once More Unto the Breach")
Following the war, the 9th Fleet's would again be a Starfleet naval group. In 2385 the fleet was commanded by Rear Admiral Soth Romar and based out of Gamma Hydra. (ST - The Fall novel: A Ceremony of Losses)
Fleet ActionsEdit
Starships AssignedEdit
- Federation Starfleet
- USS Adirondack (2374)
- USS Akagi (2374-2375)
- USS Capetown (2374)
- USS Defiant (2374-2375)
- USS Exeter (2374-2375)
- USS Galaxy (2374)
- USS Geronimo (2374)
- USS Hood (2374)
- USS Nautilus (2374)
- USS Potemkin (2374-2375)
- USS ShirKahr (2374)
- USS Sutherland (2374-2375)
- USS Tian An Men (2374)
- USS Timur (2374)
- USS Valley Forge (2374)
- USS Venture (2374)
- USS Yeager (2374-2375)
- Klingon Defense Force (During Dominion War)
- IKS Azrak (2374)
- IKS Ch'Tang (2375)
- IKS Koraga (2375)
- IKS Malpara (2375)
- IKS Ning'tao (2375)
- IKS Orantho (2375)
- IKS Rotarran (2374-2375)
- IKS Slivin (2375)
The RPG The Dominion War Sourcebook: The Fires of Armageddon, published by Last Unicorn Games after they had lost their Star Trek license, states that Admiral William Ross commanded the fleet during the Dominion War.
External linkEdit
- Ninth Fleet article at Memory Alpha, the wiki for canon Star Trek.


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Also read: Our Profiteering Health Insurance Industry: Should The Government Bail It Out Again?
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Comments 5 comments
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CMS issued the Final Call press release today reiminding and cajoling physicians to get their National Provider Identifier (NPI) number. They have put together a webinar, materials to read, and other information for users to get up to speed on this national program.
I've posted the entire CMS memo from today, as it does not seem to be available on the CMS website.
NPI: Get It. Share It. Use It.
The NPI Compliance Deadline is Here!
At this point, any covered entity that is noncompliant, and has not implemented a contingency plan, is at risk for enforcement action. Please review the April 2, 2007 CMS "Guidance on Compliance with the HIPAA National Provider Identifier (NPI) Rule." As this guidance pertains to claims transactions, it means that:
2. Clearinghouses must accept and use NPIs; and
3. Health plans must accept and send NPIs in claims transactions.
Providers should be:
1. Aware of contingency plans for any health plans they bill. Contingency plans may differ by health plan.
2. Aware that health plans may lift their contingency plans (and require an NPI on claims or other HIPAA transactions) any time before May 23, 2008.
3. Working with vendors and clearinghouses with whom they contract, to make sure the NPI is being passed to health plans.
4. Paying close attention to how and when health plans will be testing implementation of the NPI.
5. Aware that, for those health plans that did not establish a contingency plan, providers are required to use their NPIs now. This means that if you are not using your NPI, your claim may be rejected or denied.
A Tip sheet entitled What the "Guidance on Compliance with the HIPAA National Provider Identifier (NPI) Rule" Means for Health Care Providers is now available at http://www.cms.hhs.gov/NationalProvIdentStand/Downloads/ContingencyTipSheet.pdf
This product provides helpful steps for providers based on the contingency guidance released on April 2, 2007. This guidance does not mean that providers have an extra year to get an NPI, so please view the Tip Sheet for additional information.
Reminder – Sharing NPIs
Once providers have received their NPIs, they should share them with other providers with whom they do business, and with health plans that request them. In fact, as outlined in current regulation, providers who are covered entities under HIPAA must share their NPIs with any entities that request them for use in standard transactions — including those who need to identify ordering or referring physicians/providers. Providers should also consider letting health plans, or institutions for whom they work (e.g. a large hospital system), share their NPIs for them.
When to Contact the NPI Enumerator for Assistance
Providers should remember that the NPI Enumerator can only answer/address the following types of questions/issues:
- Status of an NPI application, update, or deactivation
- Forgotten/lost NPI
- Lost NPI notification letter
- Trouble accessing NPPES
- Forgotten password/User ID
- Need to request a paper application
· Need clarification on information that is to be supplied in the NPI application
Providers needing this type of assistance may contact the enumerator at 1-800-465-3203, TTY 1-800-692-2326, or email the request to the NPI Enumerator at firstname.lastname@example.com .
Resources for other kinds of questions can be found at the end of this document.
Please Note: The NPI Enumerator's operation is closed on federal holidays. The federal holidays observed are: New Year's Day, Independence Day, Veteran's Day, Christmas Day, Martin Luther King's Birthday, Washington's Birthday, Memorial Day, Labor Day, Columbus Day, and Thanksgiving.
Important Information for Medicare Fee-For-Service (FFS) Providers
To date, Medicare has encouraged providers to submit both an NPI and a legacy identifier on claims. Medicare is now asking that submitters send a small number of claims using only the NPI. If no claims are rejected, the submitter can gradually increase the volume. If any claim is rejected, the NPI should be verified to make sure it was entered correctly. If the NPI is correct, then data in either NPPES or Medicare provider files should be corrected. The following fields in your NPPES and/or 855 provider enrollment record should be validated:
§ EIN (for organization providers)
§ Other Provider Identification Numbers. This is where providers, when they apply for their NPIs, list the Medicare legacy identifier(s) that needs to be linked to the NPI.
§ Practice Location Address
§ Master Address (from provider enrollment records)
§ Other Address (from provider enrollment records)
§ Legal Name or Legal Business Name
While Medicare FFS has announced its contingency plan, it is committed to ending the contingency plan as soon as possible.
Reminder – Medicare FFS Contingency Plan Announced on April 24th
View the associated Change Request at http://www.cms.hhs.gov/transmittals/downloads/R1227CP.pdf, as well as the related MLN Matters article at http://www.cms.hhs.gov/MLNMattersArticles/downloads/MM5595.pdf on the
There are many MLN Matters articles dealing with various topics of NPI relative to the Medicare program. These MLN articles are available at
Additional Information
As always, more information and education on the NPI can be found at the CMS NPI page www.cms.hhs.gov/NationalProvIdentStand on the CMS website. Providers can apply for an NPI online at https://nppes.cms.hhs.gov or can call the NPI enumerator to request a paper application at 1-800-465-3203.
Getting an NPI is free – not having one can be costly.


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February 19, 2013
THE PEOPLE OF THE STATE OF ILLINOIS,PLAINTIFF-APPELLANT,v.TERRIS E. STAHL,DEFENDANT-APPELLEE.
Appeal from the Circuit Court of St. Clair County. No. 09-CF-567 Honorable Jan V. Fiss, Judge, presiding.
Decision filed 02/19/13.
The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.
JUSTICE CHAPMAN delivered the judgment of the court, with opinion. Justices Welch and Goldenhersh concurred in the judgment and opinion.
¶ 1 The defendant, Terris E. Stahl, is unable to remember any of the events surrounding the incidents leading to charges of home invasion and aggravated unlawful restraint due to brain damage resulting from a self-inflicted gunshot wound. He was found unfit to stand trial. After a subsequent fitness restoration hearing, the court again found that the defendant was unfit to stand trial and that it was not reasonably probable that he could be fit within one year. The State appeals, arguing that the defendant's inability to recall events does not render him unfit to stand trial. We affirm.
¶ 2 The events at issue occurred shortly after the defendant's former wife, Erin Kruep, filed for divorce. According to testimony presented at a discharge hearing after the initial finding of unfitness, Kruep spent the evening of April 5, 2009, at her home with Chuck Smith (a friend of both Kruep and the defendant), Alyssa Schmitt (Kruep's 17-year-old babysitter), and William Marshall (Schmitt's boyfriend). At 1 in the morning, Kruep went to bed and invited her three guests to stay overnight. Marshall left some time later, but Smith fell asleep in Kruep's guest room and Schmitt fell asleep on the living room sofa. Kruep and the defendant had a four-year-old son, Owen, who was asleep in his bedroom when these events took place.
¶ 3 At 4 in the morning, Kruep and Schmitt woke up when they heard glass break and Kruep's burglar alarm go off. The defendant pointed a gun at Schmitt and demanded to know where Kruep was. He then found Kruep in her bedroom, pointed a gun at her, and threatened to kill her. The defendant woke Smith by going to the guest room and pointing a second gun in Smith's face. With one gun pointed at Kruep and Schmitt and the other pointed at Smith, the defendant told them that they were all "gonna die" that night. Kruep managed to call 9-1-1 on her cell phone and ask for help before the defendant knocked the phone from her hand.
¶ 4 The defendant ordered Kruep, Schmitt, and Smith into the basement. He continued to hold all three at gunpoint, with one gun in each hand. He told Kruep that if she would take him back, he would change. However, he then fired a shot into the wall and told her, "Now you know I'm serious, bitch."
¶ 5 Owen woke up and turned on the bathroom light. The defendant allowed Schmitt to go upstairs to take care of him. While Schmitt was upstairs with Owen, she looked out the window and saw a police officer outside who had arrived in response to Kruep's 9-1-1 call. Schmitt motioned to the officer through the window. She held her hand in the shape of a gun and pointed to her head, then pointed down the hallway towards the basement door. The officer returned to his squad car and called for backup. Schmitt took Owen and left the house.
¶ 6 The defendant continued to point the guns at Kruep and Smith. He told Kruep that if he could not have her, he would kill her. Later, the police tactical response force arrived at the house. An officer attempted to talk to the defendant with a megaphone. The defendant eventually decided that he would be willing to talk to a police officer he knew if that officer was at the scene. He sent Smith upstairs to find out whether the officer was there. Some time later, the defendant told Kruep that he did not want to go to jail. He told her what kind of funeral he wanted and what he wanted her to tell their son about his death. He then told her to leave. As Kruep was leaving, she heard a gunshot. She ran from the house and told the officers that the defendant had shot himself.
¶ 7 The defendant was found lying facedown in a doorway on the main floor of Kruep's home. He was taken to the hospital. A trail of blood led from the defendant down the stairs leading to the basement. Two guns were found in the basement, including a .22 that was found in a pool of blood with its hammer cocked.
¶ 8 The defendant was arrested in May 2009 and charged with home invasion (720 ILCS 5/12-11(a)(1) (West 2008)) and aggravated unlawful restraint (720 ILCS 5/10-3.1(a) (West 2008)). He was conditionally released to live with his parents because the county jail could not meet his medical needs. He was indicted on both charges on June 12, 2009. On October 1, 2009, the defendant filed a motion for a hearing to determine his fitness to stand trial.
¶ 9 Prior to the initial fitness hearing, two psychologists provided opinions, Dr. Kenneth Gilbert and Dr. John Rabun. Dr. Kenneth Gilbert initially evaluated the defendant in July 2009, after the defendant's mother hired him to evaluate the defendant's risk of suicide. Dr. Gilbert provided a report in January 2010 based upon his July 2009 evaluation. He opined that the defendant suffered two types of memory deficit as a result of the gunshot wound. First, the defendant was unable to recall the events at issue or anything that happened in the 48 hours leading up to those events. Second, the defendant's ability to form new short-term memories was severely impaired. Dr. Gilbert explained that this short-term memory impairment would make it impossible for the defendant "to track what happened in court from one day to the next."
¶ 10 Dr. Gilbert explained that the type of brain injury sustained by the defendant could lead to memory loss because the "swelling and distortion of brain tissue" caused by the gunshot interrupts the process of creating neurological connections that establish memories. Dr. Gilbert opined that it was possible for the defendant's short-term memory impairment to improve, although he could not predict with any certainty whether this would be the case. He opined, however, that there was "no probability" that the defendant would recover his memories of the events at issue or the 48 hours leading up to them. He concluded that the defendant could not understand the nature of the proceedings against him or assist in his own defense.
¶ 11 Dr. John Rabun was retained by the State to perform an independent evaluation of the defendant. He provided a report in April 2010. Dr. Rabun essentially agreed with Dr. Gilbert. He found that the defendant had no memory of the day of the events charged as well as "significant deficits in his capacity to learn and retain new information." Dr. Rabun noted that the defendant's cognitive difficulties were significant enough that his father had been appointed to act as his plenary legal guardian as a result. Dr. Rabun concluded that the defendant was unable to understand the nature of the proceedings against him and unable to assist in his defense. He opined that all of the defendant's memory impairments were unlikely to improve.
¶ 12 In July 2010, the matter was called for a hearing. The parties stipulated that Dr. Gilbert and Dr. Rabun would testify in accordance with the opinions expressed in their reports if called to testify. In light of the fact that both psychologists believed that the defendant was not fit to stand trial, the State stipulated to a finding of unfitness. The court held a discharge hearing in November 2010. After hearing the testimony set out previously, the court found the defendant "not guilty" and ordered him committed to Alton Mental Health Center. The defendant was admitted to Alton on February 24, 2011.
¶ 13 On March 17, 2011, Alton staff filed a progress report with the court indicating that the defendant was now fit to stand trial. See 725 ILCS 5/104-18(a)(2) (West 2010). The report was signed by Dr. David Montani, a staff psychologist who was treating the defendant. Dr. Montani stated that the defendant still was completely unable to recall the events at issue and continued to have difficulty in forming new memories. He explained that the defendant had been tested by Dr. Ronald Sellers to assess the extent of his memory deficit. Dr. Sellers' testing revealed that the defendant was in the bottom percentile in his ability to recall new information after 20 to 30 minutes. Dr. Montani nevertheless opined that the defendant was fit to stand trial. He noted that the defendant was able to tell him the roles of the judge, prosecutor, defense counsel, and jury in a trial. He also noted that the defendant was able to discuss with him the proceedings at the November 2010 discharge hearing.
¶ 14 The court held a fitness restoration hearing on May 13, 2011. At the outset of the hearing, defense counsel stated that "both parties would ask the court to take judicial notice of all the prior reports." He noted that this included the reports of Dr. Gilbert and Dr. Rabun from 2010, which had previously been admitted. The prosecutor stated, "That's correct, Your Honor."
¶ 15 Dr. Montani testified for the State that the defendant had a basic understanding of the charges against him and the possible penalties as well as the roles of courtroom personnel. He further testified that when he discussed the November 2010 discharge hearing with the defendant, the defendant was able to recall and discuss the evidence presented at that hearing. The defendant was able to tell Dr. Montani about discrepancies in the testimony of witnesses at the hearing and comment on the fact that no gunshot residue testing was conducted. Dr. Montani acknowledged that the defendant still suffered from significant short-term memory impairment, but he believed that this would not prevent him from functioning in the context of a trial if he were provided with note-taking materials and sufficient breaks during the testimony to confer with counsel. Dr. Montani also acknowledged that the defendant was still completely unable to recall any of the events charged in the indictment. He testified that the defendant was not likely to recover these memories through treatment.
¶ 16 Criminal defense attorney John O'Gara testified as an expert witness for the defendant. He described how the defendant's inability to remember the relevant events could impact his ability to assist defense counsel. O'Gara explained that there was no way for the defendant to tell his attorney his version of the events at issue or what his state of mind was at the time, information that is critical to determining what defenses might be available. He further testified that the defendant cannot meaningfully testify in his own defense because he cannot remember the events at issue. Finally, O'Gara testified that the defendant cannot even intelligently decide how to plead because he does not know whether he committed any of the acts charged.
¶ 17 The court then heard arguments from the parties' attorneys. The defendant argued that the State was required to prove the defendant fit to stand trial by clear and convincing evidence, while the State argued that it only needed to prove he was fit by a preponderance of the evidence. The court asked both parties to submit proposed orders that addressed the appropriate standard. The court then took the matter under advisement.
¶ 18 On May 24, 2011, the court entered an order finding that the defendant was unfit to stand trial and was unlikely to become fit again. The State filed a motion to reconsider, which the court denied. The State then filed the instant appeal.
¶ 19 The State contends that the trial court's ruling was against the manifest weight of the evidence because a defendant's amnesia related to the events surrounding the charges against him is not sufficient to support a finding of unfitness. We disagree.
¶ 20 A defendant is not fit to stand trial if he is unable to understand the purpose and nature of the proceedings against him or if he is unable to assist counsel in his defense. People v. Clay, 361 Ill. App. 3d 310, 330, 836 N.E.2d 872, 889 (2005) (quoting 725 ILCS 5/104-10 (West 2000)). Once a bona fide doubt is raised as to the defendant's fitness to stand trial, the State must prove the defendant fit by a preponderance of the evidence. Clay, 361 Ill. App. 3d at 331, 836 N.E.2d at 889. In determining a defendant's fitness, courts are to consider, among other things, the "defendant's ability to observe, recollect and relate occurrences, especially those concerning the incidents alleged." (Emphasis added.) 725 ILCS 5/104-16(b)(2) (West 2010). On appeal from a court's determination regarding a defendant's fitness to stand trial, we review to determine whether the court's finding was against the manifest weight of the evidence. Clay, 361 Ill. App. 3d at 331, 836 N.E.2d at 889.
¶ 21 As previously noted, the defendant in this case suffers from two types of memory impairment, both of which have some impact on his fitness to stand trial. However, there is evidence that the defendant's short-term memory improved somewhat, and Dr. Montani opined that the defendant could overcome his difficulties with reasonable accommodations. On appeal, the defendant focuses his arguments on his complete amnesia as to the events at issue in the indictment. For purposes of this appeal, we may assume that the defendant's short-term memory impairment can be accommodated adequately and focus our discussion on whether his inability to recall the events at issue makes him unfit to stand trial. For the reasons that follow, we conclude that it is.
¶ 22 In support of its position, the State cites People v. Schwartz, 135 Ill. App. 3d 629, 482 N.E.2d 104 (1985). There, the defendant was charged with arson and murder. Schwartz, 135 Ill. App. 3d at 631, 482 N.E.2d at 105-06. Like the defendant here, the defendant in Schwartz suffered a self-inflicted gunshot wound and was unable to remember the events involved in the charges against him. Schwartz, 135 Ill. App. 3d at 632, 482 N.E.2d at 106. At a hearing to determine his fitness to stand trial, a psychiatrist testified that the defendant could not recall the events of the day of the offenses but could understand the nature and purpose of the proceedings and communicate with his attorney. Schwartz, 135 Ill. App. 3d at 632, 482 N.E.2d at 106. The court found the defendant fit to stand trial. The defendant continued to assert the issue of his fitness throughout the trial without success. Schwartz, 135 Ill. App. 3d at 632, 482 N.E.2d at 106.
¶ 23 The defendant pled not guilty by reason of insanity. Schwartz, 135 Ill. App. 3d at 635, 482 N.E.2d at 108. Both the defendant and the State presented extensive testimony about the events in the weeks leading up to the offenses. Schwartz, 135 Ill. App. 3d at 633, 482 N.E.2d at 107. This included the defendant's own testimony. Schwartz, 135 Ill. App. 3d at 635, 482 N.E.2d at 108.
¶ 24 On appeal, the defendant argued that the trial court erred in finding him fit to stand trial. Schwartz, 135 Ill. App. 3d at 636-37, 482 N.E.2d at 109. The Second District found that although the defendant was unable to "cooperate in his defense concerning the amnesiac period," he was able to communicate with his attorney about trial decisions. Schwartz, 135 Ill. App. 3d at 638-39, 482 N.E.2d at 110-11. The court found that this was all our statute contemplates in providing that a fit defendant is one who is able to assist in his own defense. Schwartz, 135 Ill. App. 3d at 639, 482 N.E.2d at 111.
¶ 25 In addition, the defendant there raised general due process concerns regarding the impact of his memory loss on the fairness of his trial. More specifically, he argued that his memory loss prevented him from offering his own testimony as to his state of mind at the time the offenses took place. Schwartz, 135 Ill. App. 3d at 639, 482 N.E.2d at 111. In rejecting this claim, the appellate court noted that the defendant was able to tell his attorney about the events leading up to the arson and murder which supported his insanity defense. The defendant was even able to testify about these events. Schwartz, 135 Ill. App. 3d at 640, 482 N.E.2d at 111-12. The court found that under the "particular circumstances" before it, the defendant was able to fully develop and present his insanity defense. Schwartz, 135 Ill. App. 3d at 640, 482 N.E.2d at 112.
¶ 26 We believe the Schwartz court ignored express statutory language applicable to fitness hearings. As previously stated, the statute expressly provides that the court should consider the defendant's ability to recall the events involved in the charges against him and relate those to defense counsel. Indeed, the statute emphasizes the defendant's ability to relate these events. 725 ILCS 5/104-16(b)(2) (West 2010). We thus decline to follow Schwartz. See People v. Pruitt, 239 Ill. App. 3d 200, 209, 606 N.E.2d 866, 872 (1992) (noting that one district of the appellate court is not required to follow the holding of another district of the appellate court).
¶ 27 It is also important to note that, while the Schwartz court held that complete amnesia of the events surrounding the charged behavior does not automatically support a finding of unfitness, the court did not hold that a defendant who lacks any memory of the events at issue may never be found unfit on this basis alone. In that regard, the instant case is distinguishable from Schwartz. In Schwartz, the defendant was able to provide his attorney with information about the events leading up to the charged incident that helped him present his insanity defense. Here, the defendant is unable to recall anything that occurred in the 48 hours leading up to the events at issue, and there is no indication that an insanity defense would be appropriate or that the defendant can provide his attorney with any information that will help him to present any other defense.
¶ 28 The State argues, however, that concerns about a defendant's ability to remember the events at issue are more properly raised in an appeal after trial and framed in terms of general due process concerns. In support of this argument, the State points to the procedural history of Schwartz. There, as previously discussed, the defendant challenged his conviction on the grounds both that he should not have been found fit to stand trial and that his inability to remember events deprived him of a fair trial because he could not present all of the evidence relevant to his insanity defense. We have already rejected the holding in Schwartz. Moreover, we do not read the opinion to hold that a defendant suffering from amnesia must always go through a trial and then challenge his conviction on general due process grounds instead of challenging the court's fitness determination. As we have already discussed, the applicable statute expressly emphasizes the defendant's ability to recall and relate to counsel the events at issue in the charges against him. Here, the defendant has no such ability. To hold that this issue is not a question of fitness would be at odds with the very purpose of our provisions related to fitness to stand trial.
¶ 29 The State further argues that the defendant in fact can assist in his own defense because he is able to review police reports and discuss witness testimony with his attorney. We are not persuaded. The defendant here is unable to provide counsel with any information at all concerning the events at issue. This is far more critical aid to a defense attorney than the ability to read police reports and assess witness testimony. The defendant's recollection of the events at issue is information the attorney has no other means of obtaining. Thus, the fact that the defendant may be able to discuss aspects of the trial with his attorney does not override the fact that he is unable to provide his attorney with any information concerning the crimes charged.
¶ 30 In addition, the State argues that the court erred in considering the reports of Dr. Gilbert and Dr. Rabun because our fitness statute addresses a defendant's current condition, and those reports were based on evaluations of the defendant which took place more than a year before the fitness restoration hearing. This argument correctly states the law. Schwartz, 135 Ill. App. 3d at 631, 482 N.E.2d at 105-06. However, the undisputed medical evidence showed that while the defendant's condition had improved in some respects, his inability to recall the relevant events had not changed. We also note that the State acquiesced to the defendant's request that the court take judicial notice of the reports and that Dr. Montani considered them in rendering his opinion. We find no error.
¶ 31 Finally, the State argues that the court was not free to disregard Dr. Montani's expert opinion where there was no opinion to contradict it. Again, we disagree. As previously discussed, all of the psychological evidence--including Dr. Montani's testimony and reports--indicated that the defendant had no memory of the events at issue and was unlikely ever to recover his memory of what occurred. Dr. Montani's conclusion that the defendant was fit to stand trial was a legal conclusion, not a psychiatric opinion. The ultimate legal conclusion as to the defendant's fitness was an issue for the court to determine. People v. Haynes, 174 Ill. 2d 204, 231, 673 N.E.2d 318, 331 (1996).
¶ 32 For the reasons stated, we affirm the trial court's order finding the defendant unfit to stand trial.
¶ 33 Affirmed.
2013 IL App (5th) 110385
THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. TERRIS E. STAHL, Defendant-Appellee.
Appeal from the Circuit Court of St. Clair County.
No. 09-CF-567
Honorable Jan V. Fiss,
Judge, presiding.
Justices: Honorable Melissa A. Chapman, J. Honorable Thomas M. Welch, J., and Honorable Richard P. Goldenhersh, J., Concur
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Best Fishing Times: 11:32PM to 1:32AM, and 12:11PM to 2:11PM
Alternate Fishing Times: 5:54AM to 7:54AM
Fishing Redwillow River, AB on 12/8/2016 will be best from 11:32PM through 1:32AM, and from 12:11PM to 2:11PM. If those times won't work for you, 5:54AM to 7:54AM looks promising. Remember to adjust these times based on barometric pressure, and weather changes.


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Being bigger is always better. Who cares what you look like naked? Lift big, eat big, get big.Originally Posted by seabee
I think I'm happier with a little extra meat and filling out my shirts. When I'm really cut, I look marginal in clothes.
Anyone else?
Being bigger is always better. Who cares what you look like naked? Lift big, eat big, get big.Originally Posted by seabee
CLothing off the rack ... especially shirts ... seldom fit me well. When I wear a shirt that is comfortable in the chest and shoulders there is an extra 10 yards of fabric in the waist area. T-shirts shrink down Ok ... but button-ups ... fugetaboutit.Originally Posted by seabee
Interesting thought. Really true if you think about it, like how many people see you in your clothes, and how many people see you naked? And those few that see you naked, most likely they're too busy thinking how they look at the same time that they wouldn't notice any flaws anyway.... I say go for the meaty look!Originally Posted by seabee
I think clothes look better on my when I'm lower body fat. As well, I feel that lower body fat levels give the illusion of more size via the increased definition, particularly in my arms. It's all opinion. Do whatever floats your boat.
The only time it's bad to feel the burn is when you're peeing...
CowPimp Likes Iron - My Journal
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Wow this is a horrible question. Most people are not going to look worse in their clothes because they lift weights or cut some fat. This is just a wasted thread. Having some nice looking muscles make you look good naked or in clothes end of discussion. Go ask the ladies, dont ask us jocks lol.
depends on what "look" you are going for and if other peoples perception of you matters that much. in this day and age if you are anywhere close to 15% body fat you are almost a greek god, less than 10% body fat and you look like a total freak of nature...
William F. Buckley describes a conservative as, "someone who stands athwart history, yelling Stop." - and then proceeds to drag civilization back to times best left in history's dungheap.
I admire people who succesfully maintain 8-12 percent body fat. It's looks far better nude than the average joe
"in the howling bleeding nights, the dogs plunge into the Volga and swim desperately to gain the other bank. The nights of Stalingrad are a terror for them. Animals flee this hell; the hardest stones cannot bear it for long; only men endure."
Absolutely. It fucking sucks. Im 6'4", 250, with a 34 inch waist but broad shoulders. If I get a size to fit my shoulders and height, the stomach is about 15 inches too big. Its tough, and frustrating.Originally Posted by BoneCrusher
Bahaha!Originally Posted by LAM
The only time it's bad to feel the burn is when you're peeing...
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Of course it also depends on how fat you are!
If you got a gut, your going to say meaty looks better!
I would bet most ladies would like to see nice hard abs once those clothes come off.
As someone said, what ever floats your boat! If it makes you feel better about your gut, then go for it.
The gut on men is one of the hardest areas to lose once it has gained a lot of sublevel fat.
Personally, once my gut is gone, I'm going to wear those old split shirts that leave your stomach showing just so I can show the world my wash board abs. (I've got a ways to go so for now, I guess the meaty look is alright too!!)
Was on a Ephedrine buying Frenzy before it was to late... Now, I've got enough stocked up to last 10 years!!
Depends on the season, During summer bb are usually cut and look good on the beach, but I look much smaller during summer due to the loss of weight. But during winter when im bulking I put on about 15-20 pounds and I look a lot bigger with a nice shirt on.................I like both, but If I could have 8-10% all the time I would love that, It is just to hard tho..
15-20lbs of fat??? Good god lol...why not try a little bit of a cleaner bulk then?Originally Posted by QuestionGuy
"Only in dictionaries does SUCCESS come before WORK." -Alfred K. Henderson
Today I do what others will not so that tomorrow I can do what others cannot!
no no, I mean like around 15 pounds on a bulk when Im adding muscle and fat together man...
Oh ok I was like damn your bulks must be crazy if you add 15-20lbs of fat lol.Originally Posted by QuestionGuy
"Only in dictionaries does SUCCESS come before WORK." -Alfred K. Henderson
Today I do what others will not so that tomorrow I can do what others cannot!
I never get to the poin where I have a gut or where I look like the "normal guy".....even on bulks..Originally Posted by DeadBolt
If you live in a "seasonal" state like I do, Colorado, then yes in the summer I want to be more cut since I will be wearing less clothing, but in the winter I would rather bulk up and fill out my clothes.Originally Posted by seabee
I went and researched this one time and "athletic" cut (in the U.S.) is something like 8 inches larger at the waist than in the chest. Talk about industry feeding the public's delusions of adequacy.Originally Posted by du510
I think the real question is: when you're naked, do you look good enough to ask "honey, will you tailor this shirt for me?" and get a "yeah, whatever, now..."
Maybe this guy's technique would help -->
Wait a second...what the hell does that mean? I know I'm not understanding that right.I went and researched this one time and "athletic" cut (in the U.S.) is something like 8 inches larger at the waist than in the chest. Talk about industry feeding the public's delusions of adequacy.
"in the howling bleeding nights, the dogs plunge into the Volga and swim desperately to gain the other bank. The nights of Stalingrad are a terror for them. Animals flee this hell; the hardest stones cannot bear it for long; only men endure."
Fine...Ladies what do you think?Originally Posted by WilliamB
I can tell you this, I think a girl lifter with a little extra meat to smooth things out a bit, looks alot better than a ripped, vascular girl (in clothes or naked).
Which body would you rather touch?
I dont like ripped girls with six pack and man boobs...
I accually look better naked!
" I know a man who gave up smoking, drinking, sex, and rich food. He was healthy right up to the day he killed himself."-Johnny Carson
At my advanced age it is important to look good naked . Since I am sure I will be spending more time in the doctors office /hospital to fix all my old age problems .
But seriuosly I agree with Prince. I am a seasonal kind of guy.
Current journal : Insert-catchy-title-here
The return of G-dub
My P/RR/S Journal
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Just remember, when you think you're done you've just startled . DEADBOLT . 2005
An 'athletic cut' shirt is supposed to be slimmer than average, but it is cut to support a fairly large midsection. To me "athletic" implies muscular and not overly fat, which would mean the chest is larger than the waist. Based on your avatar, I think that certainly applies to you.Originally Posted by Duncans Donuts
The second comment was suggesting that the clothing industry is making it OK to have significant belly by calling it 'athletic'. I would guess that a 'regular cut' dress shirt would properly fit someone who was technically obese. Though, I guess that is a "regular" American these days.
So if I was unclear or offended in any way. I'm gone for 10 days now, so I won't be able to respond after this.
Athletic cut is chest is 8 inches larger than waist. So if you are buying a suit, then a 40 jacket will have a 32 pant.
"If you eat alot and workout hard and consistantly you will make good gains"
Shouldn't that be in proportion though? I mean what if there's someone on the smaller side, wouldn't that be much harder to get those measurements because of the disproportional gap?
I like a ripped vascular girl with muscle. And they are out there. Ripped and vascular doesn't mean aneorexic.Originally Posted by seabee
Getting bigger is a battle and the weapon is my fork.
"The harder I work, the luckier I get"- Jenny Lynn
And this is what female bodybuilders have been fighting with for years....guys with attitudes like yours.Originally Posted by GIZmo_Timme
"Women aren't supposed to be muscular"..."Muscles take away from a woman's feminity"...Blah blah blah!
Who has defined feminity. I guess its all personal opinion and you have a right to prefer less muscular women. But I will say this...my boyfriend is also bodybuilder and the more muscle and definition I get, the more he likes to admire and touch my body.
If you don't risk anything, you risk even more!
That's not what he said... He said he doesn't like girls like that. He can't really help what kind of girls he is attracted to. In general, I also prefer the girl to be lean, but smoothed out. Of course, there are plenty of exceptions.Originally Posted by Robin Hood
You have the right to do whatever you want to your body, but he has the right not to be attracted to it. That's all I'm really saying.
The only time it's bad to feel the burn is when you're peeing...
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Guess you're right CowPimp...to each their own. Its just that I constantly get that attitude from my family and a few friends.Originally Posted by CowPimp
Naked, I look very defined and lean. With clothes on, I just look slim and well proportioned. Guess I'm lucky that I found a man who likes both "sides" of me.
If you don't risk anything, you risk even more!


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good live bands, 2 bars on first floor, another upstairs. was overcharged on 1 drink order. dirty bathrooms. fun place, great service!
3 Days in Fort Lauderdale
Museum Guide for Fort Lauderdale
Guide to Fort Lauderdale for Families
Bad treatment, bad service. All I can say is the bar staff and security were the most rude I have ever encountered.. My wife and I went for the first time and when I went to the men's room I found a man laying down on the floor. I went out and told the bartender that someone was unconscious in...
this old hole in wall place I partied at 40 years ago I recently went there the old pee smell ,toilets leaking water in the floors well not all water I'm sure bands sometimes cold beer great scenery perfect view of the beach oh you thought scenery was the beach think again a fun place to visit
Came here for a refreshing beverage in a warm afternoon. Great atmosphere, lots of people and fun, and live music. Perfect beach bar scene.
It's a bar that should not be missed if your at the beach. Great music, friendly bar tenders and good drinks!
It was one of those places to go, to say "you had been there." nothing spectacular, not bad, not great. Just a bit of nostalgia.
Some things on A1A at the Ft. Lauderdale Beach never change. This Spring Break favorite bar is unchanged from my college days! :)
Cool place to be during the day and early evening, but later at night it gets crazy, especially on the weekends! Great bartenders...One of the bartenders could even tell my friend and I were from Wisconsin, just by our accents! The bathrooms were quite dirty there, don't think I would ever order food from there just because the floors and...
I was assaulted by a bouncer, which is something that has never happened to me before. The "police" who work the door are bar employees, so don't expect any assistance from them (or anyone else on the police force) unless it is to benefit of the bar.
Great place to stop by for a beer or 3. Live music, across street from the beach, friendly people, no frills, basic bar.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.


text:
Beachside apt at the start of the Cap d'Antibes
From $1,091 / week
Description from the owner
Description from the owner
Bedrooms: 2/
Bathrooms: 2/
Sleeps: 4/
Type: Apt. / Condo
Book this 2 bedroom, 2 bathroom apt. / condo in Antibes today! A total of 4 people can sleep here comfortably.
No travelers have shared a review of this property yet.
Costs vary, with the average weekly rate as low as $1,015.00, depending on travel dates.
The owner responds to 71% of inquiries, which is lower than average, and last updated the property's calendar 8 months ago, so this rental may not be available for your requested dates, but please inquire to confirm.
Proximity to TripAdvisor's Top Antibes Attractions
Proximity to TripAdvisor's Top Antibes Attractions
Reviews (0)
Also consider
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text:
Japanese Steak Rolls
Total Time
Prep 35 mins
Cook 10 mins
Comes from Cuisine at Home Magazine.
Ingredients Nutrition
- 1 lb flank steak, trimmed
- 16 asparagus spears, 8 long, trimmed 16 scallion pieces 8 long trimmed
- 6 tablespoons seasoned rice vinegar
- 6 tablespoons low sodium soy sauce
- 4 teapsoon sugar
- 1 tablespoon toasted sesame oil
- Slice flank steak across the grain into 16 strips, 1/4 to 1/2 inch thick.
- Pound each to about 1/8" thick and season with salt and pepper.
- Place one asparagus spear and one scallion spear across the short end of a strip of beef.
- Roll beef around vegetables and secure with a toothpick.
- Place on a shallow baking pan in a single layer; roll remaining beef and vegetables. Combine remaining ingredients, pour over beef, and marinate 10 minutes.
- Broil steak rolls 5 minutes.
- Remove from pan, tent with foil to keep warm, and strain marinade into a small saucepan.
- Remove toothpicks from steak rolls before serving.
- Boil marinade until syrupy, about 5 minutes.
- Spoon glaze over each serving.
- Serve with rice.


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Hello all, this will be my third attempt at getting pictures on your site! I believe the first two trys to be my fault as they were to big. heres the story, she is 42 , the mother of 2 and looks great! small? nah Petite is more like it, she loves to show off and the better the comments the better the next set of pictures will be. Hope you all enjoy the view, and please Don't show my e-mail. oh and please blur the face for now, comments will determine if she will ever show her face. ha ha
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New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
December 10, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.DAVID KOST,APPELLANT.
Appeal from a judgment of the District Court of Suffolk County, First District (Joseph Santorelli, J.), rendered May 16, 2011.
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on
PRESENT: LaSALLE, J.P., MOLIA and IANNACCI, JJ
The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated.
ORDERED that the judgment of conviction is affirmed.
We have reviewed the record and agree with defendant's assigned counsel that there are no non-frivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738 [1967]; People v Blasi, 76 AD3d 550 [2010]; People v Paige, 54 AD2d 631 [1976]; cf. People v Gonzalez, 47 NY2d 606 [1979]).
LaSalle, J.P., Molia and Iannacci, JJ., concur. Decision Date: December 10, 2012
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Appeal from the Circuit Court of Cook County; the Hon.
Benjamin S. Mackoff, Judge, presiding.
Rehearing denied October 4, 1982.
After a jury trial, Major Peery (defendant) was convicted of the murder of his wife and was sentenced to 100 to 150 years. Defendant appealed to this court on the theory that the trial court erred in refusing to give an instruction tendered by defendant regarding the lesser included offense of voluntary manslaughter predicated upon the presence of "serious provocation." (See Ill. Rev. Stat. 1971, ch. 38, par. 9-2(a) and (b), which defines the two types of voluntary manslaughter.) This court reversed the conviction and remanded for a new trial. People v. Peery (1973), 11 Ill. App.3d 730, 297 N.E.2d 643.
Upon retrial, defendant tendered two instructions on the theory of voluntary manslaughter. One was based on provocation and the other on a belief by defendant that the circumstances would exonerate him but this belief was unreasonable. The trial court gave the latter tendered instruction but refused the former. Defendant was convicted and sentenced to 30 to 90 years.
Defendant appealed to this court again. (People v. Peery (1976), 41 Ill. App.3d 533, 354 N.E.2d 536.) This court affirmed. The opinion pointed out that since the jury found defendant guilty of murder, it necessarily must have rejected his testimony that his wife threatened and struck him. (41 Ill. App.3d 533, 536.) This court also found no error in giving one of the instructions and not the other. A petition by defendant for leave to appeal to the Supreme Court of Illinois was denied on December 3, 1976. 64 Ill.2d 598.
Defendant next filed a petition for habeas corpus in the United States District Court for the Northern District of Illinois, Eastern Division. The writ was denied. Defendant appealed to the United States Court of Appeals for the Seventh Circuit. The court of appeals denied defendant's claims and affirmed the action of the district court. United States ex rel. Peery v. Sielaff (7th Cir. 1979), 615 F.2d 402, cert. denied (1980), 446 U.S. 940, 64 L.Ed.2d 794, 100 S.Ct. 2163.
On December 3, 1980, defendant filed a petition for post-conviction relief in the circuit court of Cook County. (Ill. Rev. Stat. 1979, ch. 38, par. 122-1.) Defendant as petitioner alleged the theory that, in rejecting the jury instruction based upon defendant's alleged provocation, the trial court in the second trial violated the rights of defendant under the fifth, sixth and fourteenth amendments of the Constitution of the United States. On February 20, 1981, the trial court allowed a motion by the People and the petition was dismissed.
In this court defendant urges only that the refusal to instruct the jury on the designated type of voluntary manslaughter deprived defendant of his right to present a defense to a jury in accordance with the sixth amendment and defendant's right to due process of law under the fourteenth amendment.
We are convinced that principles of res judicata require our affirmance of the order of dismissal of defendant's petition for post-conviction relief. The principles of this ancient legal doctrine are completely set forth in Consolidated Distilled Products, Inc. v. Allphin (1978), 73 Ill.2d 19, 25-26, 382 N.E.2d 217.
The United States Court of Appeals for the Seventh Circuit filed a lengthy and complete order affirming dismissal of defendant's petition for habeas corpus. The order contains a complete and definitive analysis concerning the criminal conviction of defendant. The order also includes a discussion of the law of Illinois regarding application of the pertinent Illinois statute defining voluntary manslaughter and the propriety of giving one jury instruction and the refusal of another by the circuit court of Cook County. The court of appeals also carefully pointed out:
"In a habeas action the question is whether the petitioner alleges a `fundamental defect which inherently results in a complete miscarriage of justice [or] an omission inconsistent with the rudimentary demands of fair procedure.' Hill v. United States, 368 U.S. 424, 428, 82 S.Ct. 468, 471, 7 L.Ed.2d 417 (1962). The question before us is whether the `ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.' Cupp v. Naughten, 414 U.S. 141, 147, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973). Where it is the omission of an instruction that is at issue, the petitioner's burden is `especially heavy' because `[a]n omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.' Henderson v. Kibbe, 431 U.S. 145, 155, 97 S.Ct. 1730, 1737, 52 L.Ed.2d 203 (1977)." 615 F.2d 402, 404.
We regard the above as a definitive statement of the basic theory of the use of the writ of habeas corpus by a United States Court in dealing with the validity of a conviction under State criminal law assailed upon the theory of an erroneous instruction. Additionally, the United States Supreme Court has held in a habeas corpus appeal also involving the legal propriety of an instruction (Cupp v. Naughten (1973), 414 U.S. 141, 146, 38 L.Ed.2d 368, 373, 94 S.Ct. 396, 400):
"Before a federal court may overturn a conviction resulting from a state trial in which this instruction was used, it must be established not merely that the instruction is undesirable, erroneous, or even `universally condemned,' but that it violated some right which was guaranteed to the defendant by the Fourteenth Amendment."
As regards the petition before us filed by defendant under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1981, ch. 38, par. 122-1), it has been repeatedly held that such a petition is required to allege a denial of constitutional rights. For example, in People v. Burns (1979), 75 Ill.2d 282, 285-86, 388 N.E.2d 394, the supreme court held:
"In order to be entitled to relief under the Post-Conviction Hearing Act, it is necessary that the petitioner have suffered `a substantial denial of his rights under the Constitution of the United States or of the State of Illinois' (Ill. Rev. Stat. 1977, ch. 38, par. 122-1)."
See also People v. Roberts (1979), 75 Ill.2d 1, 9, 387 N.E.2d 331.
No additional authority need be cited in this regard. Many Illinois cases have stated the same principles. See People v. Carter (1980), 85 Ill. App.3d 818, 830, 407 N.E.2d 584.
Therefore, it appears that the identical issues raised by the parties in the post-conviction petition before us have been previously raised in the habeas corpus litigation, decided and thus settled. In short, since we have before us the same parties and the identical issues which were completely determined by the United States Court of Appeals, the matter is settled by the principles of res judicata.
The order appealed from dismissing defendant's post-conviction petition is accordingly affirmed.
Order affirmed.
McGLOON and O'CONNOR, JJ., concur.
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text:
Stand Alone Access Control With Keypad Zks T8touch1 - Chinaprice: contact company for price
1. DHCP function can get IP address automatically, it is easy for you to communicate device with your PC when doesn't know your network structure.
2. Build in Web server enables you to remote control machine to do some setting and check attendance records easily.
3. 3.5 inches TFT touch screen, you can add staff name, shift and photo on machine directly through this touch screen.
4. Build in backup battery can support 3 hours when cut off all power supply.
5. Different communication protocol between PC and device, including RS232/485, TCP/IP, USB, WIFI, DHCP, Web Server.
1. Build in camera can not only take picture for users timing, but also real time monitor user's attendance status.
2. Users can query their attendance records on machine directly after inputting their ID number.
3. Duress alarm function improves highest security for access control, when users are threatened to open the door by intruder, they can use duress finger to activate duress alarm for help.
4. Supports 31 time zone per day, 20 groups and 10 unlock combinations.
5. Six function keys help to record detailed time attendance: In, Out, Break, Resume Off.
6. Short message can be setup to a certain person, the message will display on touch screen after user identify his/her fingerprint successfully.
Technical Parameters
1. Operation system: Linux system
2. Hardware platform: ARM 9
3. Battery: 3 hours when cut off power
4. Card reader type: Build in RFID card reader
7. Response time: < 0.7 seconds
8. Communication: RS232/RS485, TCP/IP, USB, Web server, WIFI
9. Baud rate: 9600, 19200, 38400, 57600, 115200 (BPS)
10. LCD: multi-touch screen, TFT 3.5 inches, 320*240 pixels
11. Surveillance Camera: 1. 3 million pixels, CMOS Color Camera
12. Memory capacity: 60MB, can be extended to 2GB
13. Data Maintenance: 3 years without current
14. Time attendance method: Card, PWD, Card + PWD
15. Access control: 31 time zones, 20 groups and 10 unlock combinations
16. Multimedia function: music, slide picture, short message
17. Alarm clock: embedded 24 different alarm clocks
18. Power supply: DC12V, 25W, 2A (AC 100V to 240 V, 50 to 60 Hz )
19. Power Saving: Auto dormancy to save energy
20. Internal function: RFID card reader, alarm clock
21. External function: Connect to E-lock, Printer
22. Language: English, Chinese, Spanish and other customized languages
23. Working Temperature & Humidity: 0 - 45 degree, 20%-80%
24. Size: 220*130*55 (mm) Weight: 2.5Kg
25. Application: Office, Hotel, Bank, Government, High-end community
26. Optional: Smart card reader, Printer, WIFI, Backup Battery
27. Warranty: 12 months
Company Contact:
- Posted By: ZKS Group
- Phone: 862167679389
- Address: No.552, Dongzhou Road, The Second Section of Dongj, Shanghai, China
- Email:
- Website: http://www.zksgroup.com
Published date: December 13, 2013 -
- Business Description: involved in international trade import export of goods, products, and services
Related listings
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Fingerprint Pin Code Combination Home Safety Lock Zks L2Electronics - Security - Other - ZKS Group - China - December 13, 2013 - contact company for price
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text:
Lemon Souffle Bars
|1⁄4 Cup (4 tbs), softened
|1⁄3 Cup (5.33 tbs)
|Egg white
|Vanilla extract
|1⁄2 Teaspoon
|All purpose flour
|1 1⁄4 Cup (20 tbs)
|1⁄8 Teaspoon
|Vegetable cooking spray
|Frozen egg substitute
|8 Ounce, thawed (1 Carton)
|1 Cup (16 tbs)
|All purpose flour
|1⁄2 Cup (8 tbs)
|Baking powder
|1⁄2 Teaspoon
|Freshly grated lemon rind
|1 Tablespoon
|Lemon juice
|1⁄3 Cup (5.33 tbs)
|Powdered sugar
|2 Teaspoon
1. Beat margarine at medium speed of an electric mixer until creamy; gradually add 1/3 cup sugar, beating well. Add egg white and vanilla, beating well.
2. Combine 1 1/4 cups flour and salt; add to margarine mixture, stirring well. Pat into bottom of a 13- x 9- x 2-inch baking dish coated with cooking spray. Bake at 375° for 15 minutes or until lightly browned.
3. Combine egg substitute and 1 cup sugar; beat at medium speed until blended. Combine 1/2 cup flour and baking powder. Add flour mixture, lemon rind, and lemon juice to egg substitute mixture; stir well. Pour over baked crust.
4. Bake at 350° for 18 to 20 minutes or until set. Let cool completely on a wire rack. Sprinkle with powdered sugar. Cut into bars.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 671 Calories from Fat 161
% Daily Value*
Total Fat 18 g27.9%
Saturated Fat 3.2 g15.8%
Trans Fat 0 g
Cholesterol 1.1 mg0.4%
Sodium 240.4 mg10%
Total Carbohydrates 116 g38.5%
Dietary Fiber 2 g7.8%
Sugars 71.8 g
Protein 13 g26%
Vitamin A 12.4% Vitamin C 24.1%
Calcium 10.4% Iron 21%
*Based on a 2000 Calorie diet


text: The main reason that alcohol makes your pee smell weird is because it dehydrates you. When you are dehydrated, all of the chemicals that your urine usually gets rid of build up and become more concentrated, causing a stronger smell. Some people say that hoppy beer makes the smell even worse.


text:
Judith Rosenbaum
Blog posts
Building a new social safety net: Sara Horowitz and the Freelancers Union
In 1909, Jewish women revolutionized the American labor movement. Before the huge garment industry strike known as the "Uprising of the 20,000," union leaders saw women workers as irrelevant to the labor movement because they did not fit into the model of the traditional male union member. But these garment workers, many of them young Jewish women, proved that women could, in fact, organize effectively and challenge working conditions, and in doing so, they expanded the definition of worker and union member.
Labor Day and Leisure
Labor Day. In America, this holiday is more often associated with barbeques, sales, and the farewell to summer and white linen than with the contributions of workers. By design, it's a less overtly political holiday than the workers' holidays in Europe—the U.S. intentionally picked a day other than the International Workers' Day of May 1st to avoid any whiff of radicalism.
What my dad taught me about feminism
Why Be Jewish? Sharing stories, pushing boundaries
Last week, I had the privilege of participating in a small, intense, and invigorating conference run by the Samuel Bronfman Foundation in partnership with the Shalom Hartman Institute. Provocatively titled "Why Be Jewish?" this year's conference focused on the state of pluralism in the Jewish community.
The Real Housewives of the Lower East Side
One hundred and ten years ago today, something surprising happened. Jewish immigrant housewives in New York City—concerned and angry about a sharp rise in the price of kosher meat from 12 cents to 18 cents per pound—launched a kosher meat boycott that lasted nearly a month, spread to several other boroughs of New York, sparked violent riots and arrests, and attracted much media attention before ending with the successful lowering of meat prices.
May Day: Celebrating through protest
Happy May Day! Originally, May Day was a pagan springtime festival, roots of which survive in the traditions of flower-festooned maypoles and the crowning of the "Queen of the May." Since the late 19th century, it has also been a workers' holiday. Though in the US it has been officially replaced (and I would argue, coopted) by Labor Day in September, May Day remains an occasion for social protest of many kinds.
Poetry, storytelling, and multiple truths on Israel's Independence Day
As a historian, I spend a lot of time thinking about stories -- what stories we tell about ourselves and the world, what stories aren't told, how our narratives change depending on context, mood, timing.
Sharon Brous: On honors and journeys
There's been a lot of press about Rabbi Sharon Brous lately, since she became the first woman to crack the top 5 on the Newsweek America's Top 50 Rabbis list. Of course, this wasn't the first recognition of Brous for her work building IKAR, a vital and exciting Jewish community in Los Angeles; she's already been recognized by the Forward, Jewish Women International, the Jewish Community Foundation of LA, and others, who herald her as a leader in reimagining Jewish life for the 21st century.
Adrienne Rich: navigating hope
The news of Adrienne Rich's death yesterday at age 82 sent me immediately to my bookshelves and an extended swim through the currents of words she has left behind. All writers believe in the power of words—and maybe especially poets, whose words are fewer and so carefully chosen—but for me Rich's writing particularly and persuasively argued for the ability of words, language, expression to create new realities, to change the world.
From Margin to March: What to make of Women's History Month
Here's a not-so-secret little secret about me: I'm a major women's history geek. I can go on about the stories of women's lives for hours. Want to know about Emma Goldman?
How to cite this page
Jewish Women's Archive. " Judith Rosenbaum ." (Viewed on December 4, 2016) <https://jwa.org/blog/author/judith-rosenbaum>.


text:
Grandma Weseman's Famous Buttermilk Pie
Total Time
1hr 15mins
Prep 30 mins
Cook 45 mins
This was a family favorite, that we all looked forward to during the Holidays. You could just smell it baking in Grandma's kitchen. If your planning on making this one. You better double the recipe, they don't last long with our family.
Ingredients Nutrition
- 1 unbaked pan pie shell
- 1 1⁄2 cups sugar
- 1⁄4 cup flour
- 1⁄4 cup oleo, melted
- 2 egg whites
- 1 cup buttermilk
- 1 teaspoon vanilla
- Cream sugar and butter together.
- Add flour and mix.
- Add eggs, buttermilk and vanilla.
- Mix ingredients well.
- Pour mixture into unbaked pie shell and bake at 350 degrees for about 45 minutes or until golden brown on top.


text:
Category:Archaeological sites in County Londonderry
From Wikipedia, the free encyclopedia
|Wikimedia Commons has media related to Archaeological sites in County Londonderry.
Pages in category "Archaeological sites in County Londonderry"
The following 6 pages are in this category, out of 6 total. This list may not reflect recent changes (learn more).


text:
Why would you want a girl to wear makeup, or why don't you want a girl to wear makeup?
Personally I don't wear makeup because I don't like the way it feels on my face and don't think that it makes a girl prettier. I'm athletic so even if I wore makeup it'd mess up during my workout, while all of my friends wear makeup.
- yes, makeup makes her look better45% (5)21% (3)32% (8)Vote
- no, natural is better36% (4)36% (5)36% (9)Vote
- sometimes19% (2)43% (6)32% (8)Vote
Most Helpful Guy
I generally prefer no makeup. And by no makeup, I mean none, not "like it's not there". There's nothing wrong with how a woman looks naturally.11|00|0


text:
Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
Battery - 14.4-V Rechargeable BatteryRechargeable battery. 14.4 V. For Pro-Pulse cordless drill (product code 64315008). Nickel-cadmium.


text:
Two former cheerleaders have starred in what is probably the most incredible engagement photo shoot we've ever seen.
Adam and Ashley, who both went to the University of Kentucky, US, are pictured on a beach with a stunning sunset behind them.
Adam is stood with one of his arms in the air, holding Ashley, who is perfectly balanced on his one hand.
Her fingers are spread out in front of her face to show off her engagement ring.
The incredible shot was shared on the University of Kentucky Cheerleading Facebook page yesterday, where it has since racked up more than 19,000 reactions.
One Facebook user commented on the snap: "Oh such a cute and clever announcement! Congrats & Best Wishes!"
While another added: "That's the most awesome engagement celebration pic I've ever seen!! Congratulations. You don't know me... I just appreciate the beauty in this picture."
This Cheerleading Two-Year-Old Will Blow Your Mind
Man Proposes To Deaf Girlfriend Moments After She Hears For First Time
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text:
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text:
Posse:Outlaws of the West
1,889pages onAdd New Page
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Outlaws of the West is a Red Dead Redemption posse.
About the posse
Joining the posse
-You must have Red Dead Redemption for the PS3 NOT XBOX360
- Frenzykiller250
- Leader 2
Other members
- Member 1
- Member 2
- Member 3 etc.


text:
HBO answers cord-cutters' prayers, will soon let you watch its shows without cable
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July 7, 2009
THE PEOPLE, ETC., RESPONDENT,v.JANAOID JOHNSON, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered June 21, 2007, convicting him of attempted murder in the second degree, assault in the first degree (two counts), criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), reckless endangerment in the first degree, and assault in the third degree, upon a jury verdict, and imposing sentence.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
REINALDO E. RIVERA, J.P., MARK C. DILLON, RUTH C. BALKIN and LEONARD B. AUSTIN, JJ.
(Ind. No. 06-00473)
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that certain comments made by the prosecutor during summation were improper (see CPL 470.05[2]; People v Romero, 7 NY3d 911, 912; People v Rodari, 2 AD3d 756, 756-757; People v Scott, 267 AD2d 259, 260).
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.
In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 NY3d 342, 348), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633).
The sentence imposed was not excessive (see CPL 470.15[2][c], [6][b]; CPL 470.20[6]; People v Thompson, 60 NY2d 513, 519; People v Suitte, 90 AD2d 80).
RIVERA, J.P., DILLON, BALKIN and AUSTIN, JJ., concur.
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