text:
July 31, 2016 #publications
From the very earliest days of electronic computing, flowcharts have been used to represent the conceptual structure of complex software systems. In much of the literature on software development, the flowchart serves as the central design document around which systems analysts, computer programmers, and end users communicate, negotiate, and represent complexity. And yet the meaning of any particular flowchart was often highly contested, and the apparent specificity of such design documents rarely reflected reality. Flowcharts were rarely "true, " but they were nevertheless useful. In the latest issue of the journal Information & Culture, I explore the "Multiple Meanings of the Flowchart".
For those of you without access to the Project Muse academic database, you can find an earlier draft version of the paper for free online here.
July 23, 2016 #media
National Geographic has produced an excellent series on the history of sex and sexuality. As part of that series, they ran an episode on sex and technology. If you watch closely, you can see me talking about the history of computer dating.
I first developed this history for a lectured called "Love and Sprockets" that I developed for my I202: Introduction to Social Informatics course. It turns out IU holds a special place in this history.
April 28, 2016 #teaching
I am pleased and honored to have been awarded the 2015-2016 Indiana University Trustees Teaching Award. Many thanks to my students, teaching assistants, and colleagues who helped make this possible!
April 20, 2016 #research #media
In early May I will speaking at the SHIFT-CTRL conference at Stanford University. The conference, which is being convened by Tom Mullaney and Ben Allen is aimed at exploring new directions in scholarship on computing and new media that "engages meaningfully with questions of gender, culture, language, ethnicity, and class." The scholarly line-up that they have arranged is impressive. This is an exciting way to end the spring conference season. I will be presenting on my global environmental history of computing project.
April 11, 2016 #research #media
I have been traveling and talking about my new environmental history of computing project a fair bit recently. I am particularly excited about my forthcoming talk at the University of Nevada, Reno. Among other things, Nevada is the home of the Chemetall Foote lithium mine and the still-under-contruction Tesla Gigafactory. The geo-politics of lithium carbonate (as well as of other mineral central to the digital economy) is one of the topics covered in the Dirty Bits book.


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When a brain tumor took away Dorothy Holm's ability to speak, she picked up index cards and began filling them with what appeared to be random sequences of letters. When Dorothy passed away in 1996, her 11-year-old granddaughter, Janna kept the cards, thinking they might be some kind of coded message. Holm waited eighteen more years before finally finding the meaning of the letters. As a teenager, she thought the letters might be song lyrics, or a secret message to the grandchildren, but eventually gave up when she could not figure out the meaning. Not long ago, she posted a picture of one of the cards on an Internet site, and had an answer within fifteen minutes. Someone using the site recognized the letters OFWAIHHBTN as the first letter of the words in the beginning of the Lord's Prayer, Our Father who art in heaven, hallowed be Thy name. Holm said she was relieved to have an answer, even if she will never know what the letters stand for. She said, "It's nice to know that they were prayers, and kind of gave some insight into what she was thinking and what she focused on in her last couple weeks. I don't care if a little bit of it never gets solved. It's OK to have a little bit of mystery." —Jim L. Wilson and Jim Sandell
Internet Community Helps Crack Grandma's Code (prayer), By Amy Forliti,
http://abcnews.go.com/US/wireStory/internet-community-helps-crack-grandmas-code-21630824, Accessed January 23, 2014.
Matthew 6:9-13 (HCSB) (9) "Therefore, you should pray like this: Our Father in heaven, Your name be honored as holy. (10) Your kingdom come. Your will be done on earth as it is in heaven. (11) Give us today our daily bread. (12) And forgive us our debts, as we also have forgiven our debtors. (13) And do not bring us into temptation, but deliver us from the evil one. [For Yours is the kingdom and the power and the glory forever. Amen.]

subset: commoncrawl


text:
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text:
Thread.Sleep Method (TimeSpan)
Blocks the current thread for a specified time.
Assembly: mscorlib (in mscorlib.dll)
- timeout
- Type: System.TimeSpan
A TimeSpan set to the amount of time for which the thread is blocked. Specify zero to indicate that this thread should be suspended to allow other waiting threads to execute. Specify Timeout.Infinite to block the thread indefinitely.
The value of timeout is negative and is not equal to Timeout.Infinite in milliseconds, or is greater than Int32.MaxValue milliseconds.
The thread will not be scheduled for execution by the operating system for the amount of time specified. This method changes the state of the thread to include WaitSleepJoin.
This overload of Sleep uses the total number of whole milliseconds in timeout. Fractional milliseconds are discarded.
This method does not perform standard COM and SendMessage pumping.
If you need to sleep on a thread that has STAThreadAttribute, but you want to perform standard COM and SendMessage pumping, consider using one of the overloads of the Join method that specifies a timeout interval.
The following example uses the Sleep(TimeSpan) method overload to block the application's main thread five times, for two seconds each time.
using System; using System.Threading; class Example { static void Main() { TimeSpan interval = new TimeSpan(0, 0, 2); for (int i = 0; i < 5; i++) { Console.WriteLine("Sleep for 2 seconds."); Thread.Sleep(interval); } Console.WriteLine("Main thread exits."); } } /* This example produces the following output: Sleep for 2 seconds. Sleep for 2 seconds. Sleep for 2 seconds. Sleep for 2 seconds. Sleep for 2 seconds. Main thread exits. */
Windows 7, Windows Vista SP1 or later, Windows XP SP3, Windows XP SP2 x64 Edition, Windows Server 2008 (Server Core not supported), Windows Server 2008 R2 (Server Core supported with SP1 or later), Windows Server 2003 SP2
The .NET Framework does not support all versions of every platform. For a list of the supported versions, see .NET Framework System Requirements.


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2 Pages
Analysis of the Human Basic Instincts - Sex and Aggression - and the Structure of Personality - Identity, Ego and Superego
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Pages: 2
Word Count: 753
Category: Psychology and Psychiatry
Word Count: 753
Pages: 2
Intrapsychic Domain 2 Basic Instincts Sex Aggression Sex A Howard Stern prefers to masturbate more than having sex This is because he feels he is not well endowed During his teen years he attended a primarily African America High School Gym class for Howard was completely traumatizing He always felt that his peers had bigger peniss than he did so he never felt adequate enough to show other others like woman This is one reason Howard prefers to masturbate instead of engaging in sexual activities B When it comes to sex in general Howard is only interested in his own self gratification Therefore he finds that lesbians allow him to only pleasure himself with no obligation to reciprocate Aggression A As a young adult Howard was bullied through-out High school He also was verbally abused by his father Ben at an early age This caused Howard to snap and become angry and defensive when anyone would disagree with him B Howard was put down verbally and called names like moron and idiot as a child This greatly influenced Howards behaviors as an adult He craves the feeling of power that he gets from demeaning and humiliating other people ID EGO SUPER EGO The structure of the personality in psychoanalytic theory is threefold Freud divided it into the id the ego and the superego Only the ego was visible or on the surface while the id and the superego remain below but each has its own effects on the personality nonetheless ID The id represents biological forces It is also a constant in the personality as it is always present The id is governed by the pleasure principle or the notion of hedonism the seeking of pleasure Ego A defense mechanism that is partly conscious and contains the capacities to calculate reason and plan
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March 22, 1961
SANDERSv.LAWN MUTUAL INSURANCE COMPANY, APPELLANT.
Appeals, Nos. 446, 447, and 448, Oct. T., 1960, from judgments of Municipal Court of Philadelphia County, Dec. T., 1959, No. 11955E, in case of Debbie Sanders, a minor, et al. v. Lawn Mutual Insurance Company. Judgments affirmed.
James M. Marsh, with him LaBrum and Doak, for appellant.
Joseph D. Shein, with him Shein and Berlant, for appellees.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 194 Pa. Super. Page 492]
This was an action in assumpsit commenced by the plaintiffs, Debbie Sanders, a minor, by her parents and natural guardians, Willie L. Sanders and Mary Sanders, and Willie L. Sanders and Mary Sanders, in their own right, against the defendant, Lawn Mutual Insurance Company. Plaintiffs sought to recover $250.00 for Debbie Sanders, $2,250.00 for Mary Sanders and $1,500.00 for Willie L. Sanders, from the defendant, alleging in their complaint that the defendant had agreed to pay those sums in settlement of plaintiff's claims against Marshall Christian, who was insured by the defendant. Defendant's answer admitted that defendant's agent, John Devine, had agreed to settle plaintiffs' claims for $4,000.00 on the basis of representations made to Devine by Joseph D. Shein, counsel for plaintiffs, and in addition defendant pleaded New
[ 194 Pa. Super. Page 493]
Matter setting forth that defendant made the settlement in reliance upon a police report furnished to defendant by Shein and Shein's representation that the facts as set forth in the police report were the facts of the accident. Defendant further alleged that the said police report was later found to be in error in that it was not the insured, Christian, but the driver of the plaintiffs' car, Willie L. Sanders, who had violated the stop sign and who had struck the insured, Christian, who was traveling on a through street.
Defendant further alleged that upon learning of the true facts, it advised Shein that the insurer would not carry out the settlement agreement because it was based on either (1) a mutual mistake of fact or (2) on a misrepresentation of a material fact. Plaintiffs filed amended preliminary objections. The court below sustained the amended preliminary objections and entered judgment for the plaintiffs.
During the entire argument of this case we were under the impression that the police report, furnished by Shein to Devine, showed that the defendant's insured, Christian, was on a stop street and had violated a stop sign and that plaintiffs' car was on a through highway. The appellant in its brief states as a fact "That diagram, as well as the section of the report headed 'Traffic Control,' indicated that traffic on Arch Street was subject to a stop sign which the insured violated and then struck plaintiffs who were traveling on a trough street (Fifty-eighth Street)."
We have examined the police report very carefully and it is clear that it correctly showed the facts. The report designates Christian's car as vehicle No. 1 and Sanders' car as vehicle No. 2.
It is true that under the block designated as "Traffic Control" it does have "1" inserted before the words "Stop Sign." This does not mean that car 1 (Christian's) had a stop sign against it. "1" was used by
[ 194 Pa. Super. Page 494]
the officer, instead of a check mark, to indicate that the intersection had a stop sign. The "Traffic Control" block has the following language immediately under the words "Traffic Control": "(Check one or more)." A reference to the other blocks in the entire report clearly reveals that the officer, instead of checking as instructed to do, used numbers to check the item he wished to indicate.
The diagram clearly indicates that the stop signs were for traffic on Fifty-eighth Street and that Arch Street was a through highway. The diagram also shows No. 1 car (Christian's) going east on Arch Street and No. 2 car (Sanders') going north on Fifty-eighth Street. The diagram shows the streets, stop signs and cars in proper relation to each other.
If Devine, who was claims manager for the defendant insurance company, had correctly read the police report he would have seen that it correctly revealed all of the facts.
It is true that a contract made under a mutual mistake as to an essential fact which formed the inducement to it, may be rescinded on the discovery of the mistake if the parties can be placed in their former position with reference to the subject matter of it: Vrabel v. Scholler, 369 Pa. 235, 85 A.2d 858. There was no mutual mistake in this case because it is quite clear that Shein had made an investigation of the facts and knew what the true facts were. Appellant also argues that "if Shein (unlike Devine) did know that the police report was incorrect and that plaintiffs violated the stop sign, and, nevertheless, represented the contrary to Devine, the settlement agreement was obviously induced by a misrepresentation as to a material fact. ..." An answer to this argument is that the police report correctly showed all of the facts and Shein made no misrepresentation as to that report. The large diagram was entirely correct and there certainly
[ 194 Pa. Super. Page 495]
was no misrepresentation as to what it plainly showed. It showed that the stop sign was for traffic on Fifty-eighth Street and that plaintiffs' car was on that street. It also showed that defendant's car was on Arch Street, a through highway. If the defendant's claim manager, who presumably was a person trained in reading police reports of accidents, chose to close his eyes and not look at the report or misread it, the defendant should not be permitted to place the blame for this shortcoming upon the plaintiffs: Mahaffey v. Ferguson, 156 Pa. 156, 169, 27 A. 21. We do not believe that Shein misrepresented anything to Devine. He handed him a police report which was a true copy of the original and which spoke for itself and which was entirely correct.
It was said in Rohrbach v. Travelers Indemnity Co., 278 Pa. 74, 78, 122 A. 217: "Where the contracting parties stand on common ground and have equal means of knowledge, an exaggerated statement by one, in a matter of opinion, will not entitle the other to relief ... and that is especially true in the adjustment of a loss: Wagner v. Insurance Co., 143 Pa. 338." We believe that this statement of the law is completely applicable to the instant case. The parties stood on common ground and had equal means of knowledge. There was not a single fact known to the plaintiffs which was not equally accessible to the defendant.
It should also be pointed out that Debbie Sanders and Mary Sanders were passengers in the Sanders' car, driven by Willie L. Sanders, and very probably could not have been convicted of contributory negligence. The amounts agreed to be paid to them were $250.00 and $2,250.00, respectively, of the total sum of $4,000.00 agreed to be paid.
The law favors the amicable settlement of controversies and it is the duty of the courts to encourage rather than to discourage parties from resorting to
[ 194 Pa. Super. Page 496]
compromise as a mode of adjusting conflicting claims: Schlosser v. Weiler, 377 Pa. 582, 105 A.2d 331.
Judgments affirmed.
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Laboratory Investigation of Rubble-Mound Breakwatersby R.Y. Hudson,
Serial Information: Journal of the Waterways and Harbors Division, 1959, Vol. 85, Issue 3, Pg. 93-122
Document Type: Journal Paper
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Discussion: (See full record)
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Abstract: Tests to determine stability characteristics of various armor-unit shapes; new stability formula for rubble breakwaters was derived, which provides essential information for improved design; stability, thickness, and porosity data are presented for quarry-stone and tetrapod armor units.
Subject Headings: Armor units | Breakwaters | Riprap | Information management | Thickness | Porosity
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The Co-operative Group ('The Co-operative') today announces the completion of the sale of its Pharmacy business to Bestway Group ('Bestway') for £620 million.*
This follows the previous announcement on 18th July that The Co-operative had entered into an agreement to sell the Pharmacy business to Bestway, following a formal sale process.
The Co-operative has agreed to provide certain services to the Pharmacy business for up to 18 months, under a transitional services agreement, and Bestway will have the right to operate under The Co-operative Pharmacy brand for a transitional period of 12 months.
* the purchase price of £620m is the enterprise value attributed to the business on a cash and debt free basis


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There's a reason the Standard Catalog of Firearms is known industy-wide as the reference on firearms. This year we bring it to you in a volume dedicated strictly to handguns, our new must-have, the Standard Catalog of Handguns. Year in and year out, we bring you more of what you need in the world of handguns! More photos, more prices, more handguns, handguns, handguns. This trusted sourcebook is your guide to the world's hottest collectible sidearms, along with what's current and trending in the firearms industry.NIB Exc. V.G. Good Fair Poor 425 375 325 275 200 150 Model 92/96DS Same as above but with the same manual safety ... This model features a hammer drop lever that does not function as a safety when the lever is released but lowers the anbsp;...
|Standard Catalog of Handguns
|Jerry Lee
|Gun Digest Books - 2012-01-17


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I always struggle when I discover new 'types' of trauma in me. My mind struggles, it resists. It says: no Martin this isn't possible. But then again the pain is so real. I went to see Sandra on tuesday, I've been in shock since then; strong, electric, dialectic shock. At the same time there is relief; another piece surfaced so there is less tension inside… but dealing with it, fuck. Seriously?
I shed a few tears, ok; many by my standards. I wanted to stop them, but I was tied up upside down to a tree. My uncle's friend Gae was there, he was the one pushing for this to happen. To think that my father made him feel so welcome to abuse his children, offered them on a silver platter is beyond belief. WHAT THE FUCK.
I love my sister, my younger sister, I always have. But she's been fully brainwashed by my father with his lies but mostly the guilt he imposed on his surroundings. And now I am the evil one, "le méchant". I mean sure it's easy to point out that I have "evil" demeanour, facing a problem like this isn't for the light hearted. But my heart is throbbing inside and it is all coming from a place of love. On the surface tho, my father acts like the victim, and I am the perpetrator; because "he didn't do anything to us". directly. sure. whatever you fuck face. As in, he isn't the one who abuse us. Sure, but he was there, he was aware, he enabled it, he amplified it. But that, no that doesn't count.
So when I go visit him, and ask questions and he calls the cops on me, he tells them I'm potentially a danger to myself; and he tells my family I'm evil. Yet I ask questions, which cause him pain somehow. It awakens his dead heart a little, and he realizes the hurt he has inside and he gets chest pains, and arythmia and then blames it on me. So my sister thinks that I cause this to him. Of course, je suis méchant.
Well let me tell you how I felt when I saw her being abused for the first time, under my eyes. By my uncle and gae, and gae was the one pushing, he was pushing hard. I felt guilt, that I had brought this to her. I felt like so far this abuse shit was well contained into my universe and I was doing everything I could to keep it that way; but now there were other victims. I felt helpless, I wanted to stop them, I left my body at once, and invaded theirs trying to stop them; it slowed them down but only a little. And then I felt sadness, love for her, I did everything I could to protect her emotionally with my presence. I would have given my life so she would never need to live through this. They were violent, she was pretty drunk; which most people will feel makes it less hard on her, but it isn't true. It mostly means the effects will be deeply unconscious and will always haunt her.
I felt guilty, so guilty. for not being able to do anything. For being stuck there; with no way to help. And so fucking drunk. And lost. what is this? what was this? do they even make horror movies that contain shit like that? I wonder. I'm not a big fan of horror movies, I don't need to watch horror movies to live those kind of emotions, i have plenty inside. So I have no idea.
While in therapy, and let me explain what this 'therapy' is. Cranio sacral is a gentle massage of the central nervous system. the most pressure applied is 5 grams, the weight of a quarter. She moved her hands like 8 times during the whole 1hr session. There is barely any talking, she asks me to describe what I am going through once in a while, maybe 5 times during that particular session and then she repeats it. And so, whatever I see comes from deep inside, and isn't suggested. Nobody told me anything about this, nor do I spend hours of my time torturing myself with the thoughts. If I did, I'd be crazy; what I do is feel. I feel the shock. This shock feels old, rusty, at a pretty high level of drunkenness. In the other therapy I will locate it on the lifeline, lower it back into it's spot and weld it there with the help of Emmanuel; but right now it's too 'fresh'.
I have a hard time being concentrated, I'm all over the place. I feel insecure, unworthy of anything, I couldn't save my sister. I feel guilty, as if it was my fault somehow. And I would so much want to relieve her. In fact I did, once.
I was in my parents house, I must have been 24-25. I think. She was sitting in the living room, and in deep despair. I played piano for a while, that was fun, but then my sister worried me a bit so I went to her and I put my hand on her upper back, halfway between the heart and the neck. This is a very sensitive area, you get straight access to people's souls. I went in, deep, and replaced horror and despair and any negative emotion with a form of structure, I did this for like 20 minutes maybe and in the process I was absorbing her pain. It was intense and she didn't know what I was doing and honestly I didn't either. Then my dad showed up and she was waiting for him to drive her somewhere so they left and then, I felt like exploding in tears. And I did, I cried for like 10 minutes non stop, deep throbbing in my mothers arms. I was letting all of the sadness and despair out that I had took from my sister. I was holding my mother so strongly during the process that it felt like I would break her, she was holding me like a baby. It wasn't my pain, it wasn't hurting, I was just crying. I never cry like this unfortunately, my inside are frozen still, I can't cry like that; so it was my sister's.
The problem is, I didn't fully understand what I had done, I wasn't sure what the effect was on my sister. But what happened to our relationship is she kept avoiding me for 2-3 weeks to a month. I thought I did something wrong, or maybe displaced. And that was hurtful, to feel someone so intimately as to go inside and absorb her pain and then she blocks you out. After about a month I finally asked her why, and she said "j'avais peur que si je m'approchais de toi, la douleur reviendrait.". She was afraid that if she came near me, her pain would come back… yes, it worked that well. Had I been more mature i could have explained it to her, but I had never done that before. I had no idea what I was doing. But it worked. Needless to say her level of appreciation was low, or thankfulness or whatever you want to call it. My younger sister is very ego oriented. Strong, STRONG ego.
Sometimes I wonder what I am doing here, why I came back to this planet. It's a good question.
The other memory that surfaced during tuesday's therapy session is that my mother would sometimes come and look at the 'abuse ceremonies'. Let me explain this in detail or try to. It might feel very far fetched or unbelievable to most people. If I have read your past lives, or if you have had episodes of telepathy with me, or if you've witnessed me doing or knowing things that are hard to explain ('how is it possible'?), or if I have seen through your eyes before and described it; basically if you've known me a bit you will understand that the following paragraph is possible. If not, you might just think it's crazy. But remember that it is not because something has never happened to you, or anybody you know that it is impossible. Don't close the door, don't lock yourself in a fixed reality. There is simply no need for that.
In a past life, my grandfather was the leader of a cult, a necrophilic cult. Dark shit to be sure. My grand mother was the high priestess and my mother was an aspiring priestess. That past life explains my grandfathers obsession with fucking me while I was unconscious. It also explains my grand mother's complicity. And, finally. My mother's half sleepwalking zombieness and curiosity about what she perceived about the abuse. Most of it happened in the forest, there was a fire, there werent any chants, or anything religious like that. but my mother overlayed a layer of illusion on it, like sleepwalkers do. That illusion was replays of ceremonies where she was kept outside, and this was to her, just another ceremony. And so from time to time, she'd come and peak, and I would see her and feel like everything would be alright, she'd stop this. But no, she was fascinated and stayed and felt left out. She'd try to make sure nobody noticed her, but I was outside of my body, I saw everything going on around those events. I even went inside of her and saw through her eyes; what she was seeing and she wasn't seeing reality.
And so no, she didn't save me, or my sister. She watched, and left. Her mind closed, in her dreamy world. And my hopes were shattered, and I knew, then that this wouldn't stop unless I stopped it. and I was too small, not powerful enough to stop anything.
Talk about a lovely family. No support, no love, no interest, abuse, torture, drunkennes galore, near death experiences a galore. A manipulative father, a true asshole, who offered his kids as goods in return for favors; in return for getting his ass fucked.
very beautiful.
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United States District Court, E.D. California
March 26, 2014
RACHPAL SINGH SRAN, Petitioner,v.P.D. BRAZELTON, Respondent.
MICHAEL J. SENG, Magistrate Judge.
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent is represented by Tami M. Krenzin of the office of the California Attorney General. Both parties have consented to Magistrate Judge jurisdiction under 28 U.S.C. § 636(c). (ECF Nos. 4, 8.)
Petitioner is currently in the custody of the California Department of Corrections pursuant to a judgment of the Superior Court of California, County of Madera, following his plea to gross vehicular manslaughter while driving intoxicated (with driving under the influence priors) on December 17, 2008. (Lodged Doc. 2.) On February 6, 2009, the trial court sentenced Petitioner to serve an indeterminate term of fifteen (15) years to life in jail. (Id.)
Petitioner did not appeal the conviction. (Lodged Doc. 3) However, he proceeded to file collateral appeals in state court. On October 26, 2011, Petitioner filed a state petition for writ of habeas corpus in the Madera County Superior Court. (Lodged Docs. 4-5.) On November 8, 2011, the Superior Court denied the petition. (Id.) On December 8, 2011, Petitioner filed a state petition with the California Court of Appeal, Fifth Appellate District. (Lodged Docs. 6-7.) The petition was denied on January 20, 2012. Finally, Petitioner filed a petition with the Supreme Court of California on February 8, 2012. (Lodged Docs. 8-9.) The petition was denied on May 23, 2012. (Id.)
Petitioner filed his federal habeas petition on August 10, 2012. (Pet., ECF No. 1.) The petition raises four grounds for relief: 1) Petitioner's guilty pleas were involuntarily made and based on coercion and manipulation; 2) Petitioner's counsel was ineffective in manipulating Petitioner to plead guilty, not obtaining an interpreter, and not presenting Petitioner viable defenses; 3) Petitioner's fourth amendment rights were violated because he was not provided an interpreter during the proceedings; and 4) Petitioner's pleas were improperly taken because they lacked the requisite factual predicate for the crimes of conviction. (Id. at 16.)
Respondent filed an answer to the petition on July 9, 2013. (Answer, ECF No. 24.) Petitioner filed a traverse on August 12, 2013. (Traverse, ECF No. 27.) The matter stands ready for adjudication.
On February 8, 2008, at approximately 2:00 p.m., Petitioner drove southbound on Gateway Drive. (Lodged Doc. 15 at 3-4.) He crossed the center line and collided with a vehicle being driven by Julie Herrera. Julie Herrera's husband, Manuel, was in the passenger seat and was pronounced dead at the scene. Julie Herrera was transported to the hospital for a right leg amputation and treatment of internal injuries. As a result of multiple organ failure and pneumonia, she died on April 1, 2008. (Lodged Doc. 15 at 3-4.)
At the accident scene, officers observed that Petitioner appeared intoxicated. He told the officers that he had consumed alcohol earlier that day. Later, upon booking, a blood draw revealed Petitioner's blood alcohol level to be.27 percent. (Id.)
Petitioner pled to gross vehicular manslaughter while driving intoxicated and admitted prior convictions for driving under the influence. Petitioner was sentenced to an indeterminate term of fifteen years to life. (Lodged Doc. 2.)
A. Jurisdiction
Relief by way of a petition for writ of habeas corpus extends to a person in custody pursuant to the judgment of a state court if the custody is in violation of the Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a); 28 U.S.C. § 2241(c)(3); Williams v. Taylor , 529 U.S. 362, 375 fn.7 (2000). Petitioner asserts that he suffered violations of his rights as guaranteed by the U.S. Constitution. In addition, the conviction challenged arises out of the Madera County Superior Court, which is located within the jurisdiction of this court. 28 U.S.C. § 2241(d); 2254(a). Accordingly, the Court has jurisdiction over the action.
B. Legal Standard of Review
On April 24, 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), which applies to all petitions for writ of habeas corpus filed after its enactment. Lindh v. Murphy , 521 U.S. 320, 326 (1997); Jeffries v. Wood , 114 F.3d 1484, 1499 (9th Cir. 1997). The instant petition was filed after the enactment of the AEDPA; thus, it is governed by its provisions.
Under AEDPA, an application for a writ of habeas corpus by a person in custody under a judgment of a state court may be granted only for violations of the Constitution or laws of the United States. 28 U.S.C. § 2254(a); Williams v. Taylor , 529 U.S. at 375 n. 7 (2000). Federal habeas corpus relief is available for any claim decided on the merits in state court proceedings if the state court's adjudication of the claim:
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was 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. Contrary to or an Unreasonable Application of Federal Law
A state court decision is "contrary to" federal law if it "applies a rule that contradicts governing law set forth in [Supreme Court] cases" or "confronts a set of facts that are materially indistinguishable from" a Supreme Court case, yet reaches a different result." Brown v. Payton , 544 U.S. 133, 141 (2005) citing Williams , 529 U.S. at 405-06. "AEDPA does not require state and federal courts to wait for some nearly identical factual pattern before a legal rule must be applied.... The statue recognizes... that even a general standard may be applied in an unreasonable manner" Panetti v. Quarterman , 551 U.S. 930, 953 (2007) (citations and quotation marks omitted). The "clearly established Federal law" requirement "does not demand more than a principle' or general standard.'" Musladin v. Lamarque , 555 F.3d 830, 839 (2009). For a state decision to be an unreasonable application of clearly established federal law under § 2254(d)(1), the Supreme Court's prior decisions must provide a governing legal principle (or principles) to the issue before the state court. Lockyer v. Andrade , 538 U.S. 63, 70-71 (2003). A state court decision will involve an "unreasonable application of" federal law only if it is "objectively unreasonable." Id. at 75-76, quoting Williams , 529 U.S. at 409-10; Woodford v. Visciotti , 537 U.S. 19, 24-25 (2002). In Harrington v. Richter , the Court further stresses that "an unreasonable application of federal law is different from an incorrect application of federal law." 131 S.Ct. 770, 785 (2011), (citing Williams , 529 U.S. at 410) (emphasis in original). "A state court's determination that a claim lacks merit precludes federal habeas relief so long as fairminded jurists could disagree' on the correctness of the state court's decision." Id. at 786 (citing Yarborough v. Alvarado , 541 U.S. 653, 664 (2004)). Further, "[t]he more general the rule, the more leeway courts have in reading outcomes in case-by-case determinations." Id .; Renico v. Lett , 130 S.Ct. 1855, 1864 (2010). "It is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court." Knowles v. Mirzayance , 129 S.Ct. 1411, 1419 (2009), quoted by Richter , 131 S.Ct. at 786.
2. Review of State Decisions
"Where there has been one reasoned state judgment rejecting a federal claim, later unexplained orders upholding that judgment or rejecting the claim rest on the same grounds." See Ylst v. Nunnemaker , 501 U.S. 797, 803 (1991). This is referred to as the "look through" presumption. Id. at 804; Plascencia v. Alameida , 467 F.3d 1190, 1198 (9th Cir. 2006). Determining whether a state court's decision resulted from an unreasonable legal or factual conclusion, "does not require that there be an opinion from the state court explaining the state court's reasoning." Richter , 131 S.Ct. at 784-85. "Where a state court's decision is unaccompanied by an explanation, the habeas petitioner's burden still must be met by showing there was no reasonable basis for the state court to deny relief." Id . ("This Court now holds and reconfirms that § 2254(d) does not require a state court to give reasons before its decision can be deemed to have been adjudicated on the merits.'").
Richter instructs that whether the state court decision is reasoned and explained, or merely a summary denial, the approach to evaluating unreasonableness under § 2254(d) is the same: "Under § 2254(d), a habeas court must determine what arguments or theories supported or, as here, could have supported, the state court's decision; then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of this Court." Id. at 786. Thus, "even a strong case for relief does not mean the state court's contrary conclusion was unreasonable." Id . (citing Lockyer v. Andrade , 538 U.S. at 75). AEDPA "preserves authority to issue the writ in cases where there is no possibility fairminded jurists could disagree that the state court's decision conflicts with this Court's precedents." Id . To put it yet another way:
As a condition for obtaining habeas corpus relief from a federal court, a state prisoner must show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.
Id. at 786-87. The Court then explains the rationale for this rule, i.e., "that state courts are the principal forum for asserting constitutional challenges to state convictions." Id. at 787. It follows from this consideration that § 2254(d) "complements the exhaustion requirement and the doctrine of procedural bar to ensure that state proceedings are the central process, not just a preliminary step for later federal habeas proceedings." Id . (citing Wainwright v. Sykes , 433 U.S. 72, 90 (1977).
3. Prejudicial Impact of Constitutional Error
The prejudicial impact of any constitutional error is assessed by asking whether the error had "a substantial and injurious effect or influence in determining the jury's verdict." Brecht v. Abrahamson , 507 U.S. 619, 623 (1993); see also Fry v. Pliler , 551 U.S. 112, 121-22 (2007) (holding that the Brecht standard applies whether or not the state court recognized the error and reviewed it for harmlessness). Some constitutional errors, however, do not require that the petitioner demonstrate prejudice. See Arizona v. Fulminante , 499 U.S. 279, 310 (1991); United States v. Cronic , 466 U.S. 648, 659 (1984). Furthermore, where a habeas petition governed by AEDPA alleges ineffective assistance of counsel under Strickland v. Washington , 466 U.S. 668 (1984), the Strickland prejudice standard is applied and courts do not engage in a separate analysis applying the Brecht standard. Avila v. Galaza , 297 F.3d 911, 918, n. 7 (2002). Musalin v. Lamarque , 555 F.3d at 834.
A. Procedural Bar
Respondent asserts that Petitioner's first, third, and fourth claims are procedurally barred as the state court denied the claims as untimely.
Before reviewing petitioner's habeas claims, the Court must first consider whether those claims are procedurally barred. "[F]ederal habeas courts generally may not review a state court's denial of a state prisoner's federal constitutional claim if the state court's decision rests on a state procedural rule that is independent of the federal question and adequate." Coleman v. Thompson , 501 U.S. 722, 722-23, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). The procedural default doctrine bars federal habeas review "unless the petitioner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice." Id. at 724.
Plaintiff's claims are potentially procedurally barred by the California Supreme Court's decision to deny state habeas review because his habeas corpus petition was untimely. The procedural bar precludes federal habeas review when the state court's denial of review was based on a petitioner's failure to meet an "independent and adequate" state procedural requirement. Coleman , 501 U.S. at 729-30.
Here, Petitioner's California Supreme Court petition was denied with a citation to In re Robbins , 18 Cal.4th 770, 780 (1998) (discussing the framework for California's timely filing requirement), indicating that Petitioner had failed to meet the state's timely filing requirement. See Walker v. Martin , 131 S.Ct. 1120, 1124, 179 L.Ed.2d 62 (2011) ("California courts signal that a habeas petition is denied as untimely by citing the controlling decisions, i.e., Clark and Robbins."). California's "substantial delay" timeliness standard satisfies the "independent and adequate" requirement. See Bennet v. Mueller , 322 F.3d 573, 582-83 (9th Cir. 2003) (finding that California's timeliness standard is independent of federal law); Walker , 131 S.Ct. at 1131 (finding that California's timeliness standard is adequate). Therefore, Petitioner is procedurally barred from seeking habeas review.
B. Cause and Prejudice to Overcome Procedural Default
Even when a federal claim has been procedurally defaulted, "[t]he bar to federal review may be lifted, if the prisoner can demonstrate cause for the [procedural] default [in state court] and actual prejudice as a result of the alleged violation of federal law.'" Maples v. Thomas , 132 S.Ct. 912, 922, 181 L.Ed.2d 807 (2012) (quoting Coleman , 501 U.S. at 750, 746-47); see also Schneider v. McDaniel , 674 F.3d 1144, 1153 (9th Cir. 2012). Adequate "cause" for a default must be an "external" factor that cannot fairly be attributed to the petitioner. Coleman , 501 US. at 753. The Supreme Court has recognized that ineffective assistance of counsel may satisfy the cause requirement necessary to overcome a procedural default. See Murray v. Carrier , 477 U.S. 478, 488, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986). In his federal petition, Petitioner only describes the ineffectiveness of his trial attorney, and does not describe the conduct of appellate counsel.
In Murray v. Carrier , 477 U.S. at 488-89, the Supreme Court explained the potential satisfaction of the cause requirement through a claim of ineffective assistance of counsel as follows:
"Although we have not identified with precision exactly what constitutes cause' to excuse a procedural default, we have acknowledged that in certain circumstances counsel's ineffectiveness in failing to properly preserve the claim for review in state court will suffice. Not just any deficiency in counsel's performance will do, however; the assistance must have been so ineffective as to violate the Federal Constitution. In other words, ineffective assistance adequate to establish cause for procedural default of some other constitutional claim is itself an independent constitutional claim. And we held in Carrier that the principles of comity and federalism that underlie our longstanding exhaustion doctrine... require that constitutional claim, like others, to be first raised in state court."
Carrier , 477 U.S. at 489.
In this case, Petitioner has not raised a claim of ineffective assistance of appellate counsel (or show that he was appointed appellate counsel), let alone met his burden of showing his appellate counsel's failure to raise claims on direct appeal constituted ineffective assistance of counsel under Strickland v. Washington , 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
Furthermore, mental illness, however, does not constitute "good cause" unless "the mental condition rendered the petitioner completely unable to comply with a state's procedures and he had no assistance." See id. at 1154-55; see also Tacho v. Martinez , 862 F.2d 1376, 1381 (9th Cir. 1988) (establishing that mental illness is not cause to excuse a procedural default). Here, Petitioner has not alleged complete inability to comply or lack of assistance. In fact, Petitioner received help from other prison inmates in drafting his state petitions, (See ECF No. 29), which under Tacho constitutes "assistance." Id.
The California Supreme Court denied Petitioner's claims on independent and adequate procedural grounds, and because Petitioner has not alleged good cause for his delay, the procedural bar applies. See Williams v. Walker, 461 Fed.Appx. 550, 553 (9th Cir. 2011) ("The denial of habeas relief by the California Supreme Court on the ground that the application for relief was filed untimely is an independent and adequate state procedural ground requiring denial of subsequent habeas petitions in federal court."); Vargas v. Brazelton, No. C 12-0268, 2013 U.S. Dist. LEXIS 8663, 2013 WL 244756, at *2-3 ("[C]ase law is clear that a citation to Robbins on the basis of timeliness is independent and adequate... [B]ecause petitioner has not established cause or prejudice for his default, he cannot overcome the bar."). As Petitioner has not shown cause and prejudice to provide an exception to the procedural bar, his first, third and fourth claims are denied as procedurally defaulted.
C. Claim Two: Ineffective Assistance of Counsel
Petitioner contends that his rights under the Sixth and Fourteenth Amendments of the United States Constitution were deprived by the alleged ineffective assistance of counsel based on trial counsel's failure to investigate (1) Petitioner's intellectual and physical disabilities, (2) the evidence relating to the crime including the reasonableness of a.27% blood alcohol reading given the statements that he had beer and hard alcohol earlier in the day; and (3) the accuracy of the blood alcohol testing to include the credentials of the professional who drew the blood sample and the chain of custody of the blood sample. (Pet. at 18-21.)
1. Law Applicable to Ineffective Assistance of Counsel Claims
The law governing ineffective assistance of counsel claims is clearly established for the purposes of the AEDPA deference standard set forth in 28 U.S.C. § 2254(d). Canales v. Roe , 151 F.3d 1226, 1229 (9th Cir. 1998). In a petition for writ of habeas corpus alleging ineffective assistance of counsel, the Court must consider two factors. Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Lowry v. Lewis , 21 F.3d 344, 346 (9th Cir. 1994). First, the petitioner must show that counsel's performance was deficient, requiring a showing that counsel made errors so serious that he or she was not functioning as the "counsel" guaranteed by the Sixth Amendment. Strickland , 466 U.S. at 687. The petitioner must show that counsel's representation fell below an objective standard of reasonableness, and must identify counsel's alleged acts or omissions that were not the result of reasonable professional judgment considering the circumstances. Id. at 688; United States v. Quintero-Barraza , 78 F.3d 1344, 1348 (9th Cir. 1995). Judicial scrutiny of counsel's performance is highly deferential. A court indulges a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. Strickland , 466 U.S. at 687; see also, Harrington v. Richter , 131 S.Ct. 770, 178 L.Ed.2d 624 (2011).
Second, the petitioner must demonstrate that "there is a reasonable probability that, but for counsel's unprofessional errors, the result... would have been different." Strickland , 466 U.S. at 694. Petitioner must show that counsel's errors were "so serious as to deprive defendant of a fair trial, a trial whose result is reliable." Id. at 687. The Court must evaluate whether the entire trial was fundamentally unfair or unreliable because of counsel's ineffectiveness. Id .; Quintero-Barraza , 78 F.3d at 1348; United States v. Palomba , 31 F.3d 1456, 1461 (9th Cir. 1994).
A court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the petitioner as a result of the alleged deficiencies. Strickland , 466 U.S. at 697. Since the defendant must affirmatively prove prejudice, any deficiency that does not result in prejudice must necessarily fail. However, there are certain instances which are legally presumed to result in prejudice, e.g., where there has been an actual or constructive denial of the assistance of counsel or where the State has interfered with counsel's assistance. Id. at 692; United States v. Cronic , 466 U.S., at 659, and n. 25 (1984).
As the Supreme Court reaffirmed recently in Harrington v. Richter , meeting the standard for ineffective assistance of counsel in federal habeas is extremely difficult:
The pivotal question is whether the state court's application of the Strickland standard was unreasonable. This is different from asking whether defense counsel's performance fell below Strickland's standard. Were that the inquiry, the analysis would be no different than if, for example, this Court were adjudicating a Strickland claim on direct review of a criminal conviction in a United States district court. Under AEDPA, though, it is a necessary premise that the two questions are different. For purposes of § 2254(d)(1), "an unreasonable application of federal law is different from an incorrect application of federal law." Williams, supra, at 410, 120 S.Ct. 1495, 146 L.Ed.2d 389. A state court must be granted a deference and latitude that are not in operation when the case involves review under the Strickland standard itself.
A state court's determination that a claim lacks merit precludes federal habeas relief so long as "fairminded jurists could disagree" on the correctness of the state court's decision. Yarborough v. Alvarado , 541 U.S. 652, 664, 124 S.Ct. 2140, 158 L.Ed.2d 938 (2004). And as this Court has explained, "[E]valuating whether a rule application was unreasonable requires considering the rule's specificity. The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations." Ibid. "[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court." Knowles v. Mirzayance , 556 U.S. 111, 129 S.Ct. 1411, 1419, 173 L.Ed.2d 251, 261 (2009) (internal quotation marks omitted).
Harrington v. Richter , 131 S.Ct. at 785-86.
"It bears repeating that even a strong case for relief does not mean the state court's contrary conclusion was unreasonable." Id. at 786. "As amended by AEDPA, § 2254(d) stops short of imposing a complete bar on federal court relitigation of claims already rejected in state proceedings." Id . "As a condition for obtaining habeas corpus from a federal court, a state prisoner must show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement." Id. at 786-87.
Accordingly, even if Petitioner presents a strong case of ineffective assistance of counsel, this Court may only grant relief if no fairminded jurist could agree on the correctness of the state court decision.
Furthermore, the Strickland standards apply to claims of ineffective assistance of counsel involving counsel's advice offered during the plea bargain process. Missouri v. Frye , 132 S.Ct. 1399 (2012); Lafler v. Cooper , 132 S.Ct. 1376 (2012). "A defendant has the right to make a reasonably informed decision whether to accept a plea offer." Turner v. Calderon , 281 F.3d 851, 880 (9th Cir. 2002) (citations omitted). Trial counsel must give the defendant sufficient information regarding a plea offer to enable him to make an intelligent decision. Id. at 881. "[W]here the issue is whether to advise the client to plead or not the attorney has the duty to advise the defendant of the available options and possible consequences' and failure to do so constitutes ineffective assistance of counsel." United States v. Blaylock , 20 F.3d 1458, 1465 (9th Cir. 1994) (quoting Beckham v. Wainwright , 639 F.2d 262, 267 (5th Cir.1981)). The relevant question is not whether "counsel's advice [was] right or wrong, but... whether that advice was within the range of competence demanded of attorneys in criminal cases." McMann v. Richardson , 397 U.S. 759, 771, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970).
A defendant may attack the voluntary and intelligent character of his plea by showing that he received incompetent advice from counsel in connection with the plea. Tollett v. Henderson , 411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973) (a defendant who pleads guilty upon the advice of counsel "may only attack the voluntary and intelligent character of the guilty plea by showing that the advice he received from counsel was not within the standards set forth in McMann"); Mitchell v. Superior Court for City of Santa Clara , 632 F.2d 767, 769-70 (9th Cir. 1980). In order to show prejudice in cases where a defendant claims that ineffective assistance of trial counsel led him to accept a plea offer instead of proceeding to trial, a defendant must demonstrate "a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Hill v. Lockhart , 474 U.S. 52, 59 (1985).
2. State Court Decision
Petitioner presented his claim of ineffective assistance of counsel in his habeas corpus petition to the California Supreme Court. The claim was denied as procedurally defaulted through a citation to In re Robbins , 18 Cal.4th 770, 780 (1998). (Lodged Doc. 9.) Where the state court denies a claim on the merits without explanation, this Court must determine whether the decision was reasonable in light of arguments that were not, but could have been, made in support of the conclusion. Harrington v. Richter , 131 S.Ct. at 786 ("Under § 2254(d), a habeas court must determine what arguments or theories supported or, as here, could have supported, the state court's decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of this Court.").
3. Analysis
Here, providing the state court decision with appropriate deference, it is possible for fair-minded jurists to agree that defense counsel's conduct was not deficient and that Petitioner was not prejudiced by counsel's conduct.
Respondent argues that Petitioner's claim fails because a fair minded jurist could find that Petitioner did not have any viable defenses or that further investigation would not likely have led to additional evidence to cause Petitioner to proceed to trial, rather than plead guilty. (Answer at 10-11.) More specifically, Respondent argues that Petitioner has not shown the significance of the fact that counsel did not engage in further investigations. (Id.) He has not shown the significance of defense counsel's failure to investigate why the officer at the scene failed to give Petitioner a sobriety test, why counsel failed to investigate the reported discrepancy between Petitioner's differing statements about the amount of alcohol he consumed that day, and counsel's failure to investigate the accuracy of the blood-alcohol testing despite having no reason to believe that the result was inaccurate. (Id.) Finally, Respondent asserts that despite Petitioner's contentions, he has not presented a prima facie case that counsel's failure to research Petitioner's disabilities or inability to communicate was unreasonable. (Id.)
Upon review of the evidence presented, the Court holds that defense counsel did not give Petitioner constitutionally defective advice, and Petitioner has not shown that he was prejudiced by counsel's advice. According to the evidence presented, Petitioner was found at the scene of the accident displaying objective signs of intoxication. (Lodged Doc. 15 at 4.) He admitted at that time that he had two beers earlier that day. (Id.) However, upon being booked he stated to the nursing staff that he had drank one pint of Kessler brand whiskey. (Id.) A blood draw revealed Petitioner's blood alcohol level to be.27 percent. (Id.) Petitioner had a prior history of driving under the influence including two convictions for driving under the influence of alcohol in 2004 and 2005.
As described, there was strong evidence that Petitioner was guilty of the crimes in question. In his petition, he questions why the peace officer did not give him a field sobriety test at the scene, why there was no effort to determine which of Petitioner's statements about how much alcohol he consumed was correct, why counsel did not investigate the chain of custody with regard to the blood-alcohol test, and why counsel did not investigate whether Petitioner's physical disabilities including club feet, poor eyesight, deafness in one ear, and history of seizures could have been the cause of the accident. Petitioner presents no realistic theory upon which a viable defense could have been mounted around or in response to such investigation. He has provided no reason to believe that there was mishandling of his blood alcohol test. As to the different statements regarding how much he had drunk, a reasonable attorney would not find that the statements negated each other. Rather, both statements are damaging to his case because they reveal that he twice admitted that he was drinking before the accident. Likewise, even if Petitioner has a history of seizures, he presents no evidence that he advised counsel that he may have had a seizure at the time of the accident.[1] In light of the totality of the evidence, defense counsel did not act unreasonably in failing to research further issues that were not reasonably likely to lead to viable defenses.
Furthermore, Petitioner's claims of mental disability and lack of an interpreter are not availing. While Petitioner may suffer from mental disabilities, it does not appear that they are such as would provide a defense to culpability or render him incompetent to stand trial. The same is true of his language skills, and his own statements belie his argument here. During sentencing Petitioner stated his remorse over his actions: "I'm truly sorry for the victims' family and my own family. And this was - I have a lot of problems in my life. And I'm just sorry about this. If I could take it back I would. Truly sorry." (Lodged Doc. 13.) Accordingly, Petitioner's allegations that he was not proficient speaking English, and that he lacked capacity to understand the proceedings are inconsistent with the record.
While Petitioner requests an evidentiary hearing and asks the Court to appoint counsel, the Court finds that neither would benefit Petitioner with regard to his ineffective assistance of counsel claim.
In light of the doubly deferential standard on federal habeas review, it is not possible to find that the state court decision was unreasonable. While Petitioner could have proceeded to trial to attempt to present his alleged defenses, Petitioner has not met his burden of showing that there was a "reasonable probability that... the result... would have been different." Strickland , 466 U.S. at 694. Fairminded jurists could therefore disagree with the correctness of the state court decision that counsel's failure to further investigate Petitioner's alleged defenses and to recommend that Petitioner plead guilty was unreasonable. Petitioner's claim of ineffective assistance of counsel is without merit.
Petitioner is not entitled to relief with regard to the claims presented in the instant petition. The Court therefore orders that the petition be DENIED.
A state prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell , 537 U.S. 322, 335-36 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. § 2253, which provides as follows:
(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.
(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings.
(c) (1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from-
(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.
(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
If a court denies a petitioner's petition, the court may only issue a certificate of appealability "if jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El , 537 U.S. at 327; Slack v. McDaniel , 529 U.S. 473, 484 (2000). While the petitioner is not required to prove the merits of his case, he must demonstrate "something more than the absence of frivolity or the existence of mere good faith on his... part." Miller-El , 537 U.S. at 338.
In the present case, the Court finds that no reasonable jurist would find the Court's determination that Petitioner is not entitled to federal habeas corpus relief wrong or debatable, nor would a reasonable jurist find Petitioner deserving of encouragement to proceed further. Petitioner has not made the required substantial showing of the denial of a constitutional right. Accordingly, the Court hereby DECLINES to issue a certificate of appealability.
Accordingly, IT IS HEREBY ORDERED:
1) The petition for writ of habeas corpus is DENIED;
2) All pending motions are DENIED as MOOT;
3) The Clerk of Court is DIRECTED to enter judgment and close the case; and
4) The Court DECLINES to issue a certificate of appealability.
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The cinema has long been one of the noblest of entertainments. Where else can one witness the rich drama and pageantry of life except on the silver screen? And where else, besides my house, can one watch tales of moneyed men and the corseted women who love them? I'm afraid the opera does not even come close.
Yes, for a gentleman, the cinema is a good evening out. But, like all good things, a trip to the movie palace requires a clear head, a decent budget, and some fairly significant preparation. Proper care must be the rule as you embark on your journey.
From selecting a film to choosing a companion, and from getting dressed to getting there in style (because really -- is there any other way?) I, Charlie Mortdecai, have created this gentleman's guide to the cinema so that others might benefit from my rather deep knowledge of the fine art of moviegoing, which really is far more of an art form than most people realize.
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Olive Wood Bowl
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1st Annual Crossing the Quality Chasm Summit: A Focus on Communities http://books.nap.edu/catalog/11085.html
It was decided that the summit should have a community focus, as successful community innovations can provide a lens for viewing how to redesign care delivery systems, and involving community stakeholders would help mobilize the next round of quality improvement efforts. Communities can also serve as "laboratories of innovation" to assess what does and does not work before a policy is adopted nationally. Additionally, working at the community level can strengthen the interface between the personal and the population-based health systems.
Having laid this groundwork, the committee identified three objectives for the summit:
To stimulate and further local and national quality improvement efforts, consistent with the IOM's Crossing the Quality Chasm report, focusing on five priority areas— asthma, depression, diabetes, heart failure, and pain control in advanced cancer.
To describe measurable aims and appropriate strategies for improving care in the five targeted priority areas, including endorsing performance measures necessary to assess progress over 3 to 5 years.
To stimulate supportive interrelationships and synergies between locally based efforts and resources at the national level, and to make highly visible the resulting commitments.
Research and Quality. The committee also identified summit attendees who would best serve to inform and advance the Quality Chasm vision. More than 200 individuals participated in this event, including nationally recognized experts in the five clinical conditions and six cross-cutting areas; representatives of 15 local communities (see Box ES-1), chosen from a pool of 90 across the country; and leaders from national organizations referred to as "national champions" (see Box ES-2), which through their influence could expedite progress at the local level.2 The design of the summit is unique in the IOM's experience in that it brought together innovative local and regional providers ("doers") and national leaders, as well as representatives of national public, voluntary, and private organizations ("environments").
"Each of the communities that are participating is a building block. Each is an experimental center. Each is a place of innovation. And if we take advantage of our mutual learning in the course of this day to renew our own sense of possibility and direction then the objectives of our meeting will have been accomplished."
Harvey Fineberg, President, IOM
To achieve these objectives, the committee solicited the input and advice of several liaison groups, including the Centers for Disease Control and Prevention; the Institute for Healthcare Improvement; the MacColl Institute for Healthcare Innovation at Group Health Cooperative; and the Agency for Healthcare
1 Although performance measurement standards for each condition were called for by the participants—as noted at a number of points in this report—the summit itself did not endorse any specific performance measures for the targeted conditions.
2 There are many champions of health care quality improvement around the nation. Some play on a national stage in the scope of their work, while some are regional and others are located in communities. Those listed are a number of key players who work at the national level; some of them, as well as others not listed, make an impact at the international level as well. It is hoped that others will join this list, and we emphasize that any omissions are unintentional.
Copyright © 2004 National Academy of Sciences. All rights reserved. This executive summary plus thousands more available at http://www.nap.edu


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Department of Biological Sciences
Dr. Lisa Moore publishes commentary in PNAS
Dr. Moore provided a commentary on a paper published in the 21 May issue of the Proceedings of the National Academy of Sciences.
Biology Student Chosen for Fellowship with Jackson Lab
Biology major, Jennifer Ditano, has been selected for a summer research fellowship at Jackson Lab in Bar Harbor, Maine. Jackson Lab is a world leader in molecular genetic analysis of human health.
Donald Szlosek awarded Outstanding Undergraduate Student award from MCTEH
Donald Szlosek, a senior Biology major, received the Outstanding Undergraduate Award from the Maine Center for Toxicology and Environmental Health.
Anne Honeywell receives grant from the American Society of Mammalogists
Anne Honeywell, a graduate student in Biology, received a grant from the American Society of Mammalogists to support her thesis research on "Frequency and Intensity of Agonistic Interactions in Harbor Seals."
Beatrice Byrne awarded the Hagge Family Scholarship
Congratulations to Beatrice Byrne, a senior biology major with a concentration in human biology, for receiving the Hagge Family Scholarship for 2013-2014.
Cameron Seymour awarded first Tom Knight Biology Scholarship
Congratulations to Cameron Seymour, a junior Biology major, who received the inaugural Tom Knight Biology Scholarship for 2013-2014.
Elaine Fink Retiring as Part Time Faculty
After 27 years, Elaine Fink will retire from teaching anatomy and physiology courses in the Biology Dept.
Nurse Practitioner Visits With USM Premedical & Health Student Society
Students in the USM Premedical & Health Student Society student club met with Ann Conley, a nurse practitioner at USM Health and Counseling Services, to learn about health career opportunities during the group's weekly meeting on Nov. 28th.
Biology alumnus publishes doctoral research in Science
Dr. Ben Smith (B.S. Biology, 2004) published his research in Science, the top scientific journal in the U.S. His work focused on migration of germ cells across tight junctions in the testis.
USM Students Observe Wildlife Research in Action
USM's Biology Club visited River Point Conservation Area to observe wildlife research in action, surveying the property with researchers from the Biodiversity Research Institute for migrating Saw-whet Owls.