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May 17, 2012
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.JAMIL MCKINNEY, A/K/A JAMEEL MCKINNEY, HAKIM MCKINNEY, MALIK HOWARD AND JAMIL WARDRICK, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 07-11-3773.
Submitted January 24, 2012 -
Before Judges Payne, Reisner and Simonelli.
A grand jury indicted defendant Jamil McKinney for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1 (count one); two counts of first-degree robbery, N.J.S.A. 2C:15-1b (counts two and six); second-degree aggravated assault, N.J.S.A. 2C:12-1b(1) (count three); two counts of third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (counts four and nine); three counts of third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (counts five, ten and thirteen); two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3a (counts seven and eleven); two counts of fourth-degree aggravated assault, N.J.S.A. 2C:12-1b(4) (counts eight and twelve); second-degree burglary, N.J.S.A. 2C:18-2b (count fourteen); and fourth-degree resisting arrest, N.J.S.A. 2C:29-2a (count sixteen). The charges stemmed from defendant's involvement in a home invasion, along with co-defendant Al-Tariq Wardrick and another person. During the invasion, one of the perpetrators struck Christopher Jones (Christopher) on the head with a gun, causing a sizeable gash; Christopher was robbed of his wallet, watch and car keys, and Shontae Lewis (Lewis) was robbed of her purse.
A jury found defendant guilty of second-degree conspiracy to commit robbery (count one), the first-degree robbery count relating to Christopher (count two), second-degree burglary (count fourteen), and fourth-degree resisting arrest (count sixteen). The jury found defendant not guilty of second-degree aggravated assault (count three), and could not reach a verdict on the remaining counts, including the first-degree robbery count relating to Lewis (count six).
At sentencing, the trial judge merged count one with count two and imposed an eighteen-year term of imprisonment on count two, subject to an eighty-five-percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge imposed a concurrent ten-year term of imprisonment on count fourteen, subject to NERA, and a concurrent eighteen-month sentence on count sixteen. The judge also imposed the appropriate fines and penalties.
On appeal, defendant raises the following contentions in his appellate brief:
THE JURY INSTRUCTIONS ON ARMED ROBBERY AND ARMED BURGLARY WERE CONFUSING AND INCORRECT, PARTICULARLY IN A CASE WHERE, AS HERE, THE JURY HAD DIFFICULTY DETERMINING THE DEFENDANT'S GUILT OF THE WEAPONS OFFENSES IN THE INDICTMENT. (Not Raised Below).
AS WAS THE BASIS FOR REVERSAL IN STATE v. GONZALEZ, THE TRIAL JUDGE CHARGED THE JURY ON ATTEMPTED THEFT AS A BASIS FOR ROBBERY AND ON AN ATTEMPT[] TO PREVENT AN ARREST AS A BASIS FOR RESISTING ARREST, BUT DID NOT EVER PROPERLY DEFINE EITHER THE ACTUS REUS OR THE MENS REA ELEMENTS OF A CRIMINAL ATTEMPT. (Not Raised Below).
Defendant raises the following contentions in his pro se supplemental brief:
Because of an error in the jury instruction on first-degree robbery, we reverse the first-degree robbery conviction, and remand for a new trial on that charge. We affirm in all other respects.
We briefly summarize the facts pertinent to our review. At approximately 1:30 a.m. on April 9, 2007, Melvin Jones (Melvin) awoke to sounds coming from the second floor of his apartment building. When he went into the hallway to investigate, a male wearing a mask pointed a gun at him and ordered him back into his apartment. Melvin called 9-1-1, looked out the window, and saw three men, all wearing masks, leaving the building. A responding police officer saw two men, both armed and one wearing a mask, running from the scene. The officer gave chase and saw the men throw the mask and guns into a yard. Another police officer apprehended defendant and Wardrick. The police found the discarded mask that proved to have defendant's DNA on it, and a gun that proved to have Christopher's blood on it. Melvin identified defendant and Wardrick in a "show up" as they sat in the back of a police car. Defendant and Wardrick were tried together.
At trial, all counsel agreed that the jury would only consider the first-degree robbery and second-degree burglary charges and no lesser charges. Defendant contends for the first time on appeal in Point I of his appellate brief that the jury instructions on these charges were erroneous and led to an unjust result.*fn1 We agree as to the robbery instruction, but disagree as to the burglary instruction.
A person is guilty of first-degree robbery if, in the course of committing a theft, he "attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon." N.J.S.A. 2C:15-1b. A person is guilty of second-degree robbery "if, in the course of committing a theft, he: (1) [i]nflicts bodily injury or uses force upon another; or (2) [t]hreatens another with or purposely puts him in fear of immediate bodily injury[.]" N.J.S.A. 2C:15-1a. The judge charged the jury on first-degree robbery under count two as follows:
In order for you to find [defendant] and . . . Wardrick guilty of robbery, the State is required to prove each of the following elements beyond a reasonable doubt: [t]hat [defendant] and . . . Wardrick were in the course of committing a theft; that while in the course of committing that theft, [defendant] and . . . Wardrick knowingly inflicted bodily injury or the use of force upon another; or B, threatened another with or purposely put him in fear of immediate bodily injury. [Emphasis added.]
The judge then instructed the jury as follows:
In this case, it is alleged that [defendant] and . . . Wardrick were armed with, used or threatened the immediate use of a deadly weapon while in the course of committing the robbery.
In this case the State alleges that [defendant] and . . . Wardrick were armed with a handgun. You must determine if this object qualifies as a deadly weapon, and if the State has proven, beyond a reasonable doubt, that defendant used it in the course of committing this robbery.
To summarize, if you find that the State has not proven beyond a reasonable doubt any one of the elements of the crime of robbery as I have defined that crime to you, then you must find [defendant] and . . Wardrick not guilty.
If you find that the State has proven beyond a reasonable doubt that [defendant] and . . . Wardrick committed the crime of robbery as I have defined the crime to you, but if you find that the State has not proven beyond a reasonable doubt that [defendant] and . . . Wardrick were armed with or used or purposely threatened the immediate use of a deadly weapon at the time of the commission of the robbery, then you must find [defendant] and . . . Wardrick guilty of robbery of the second degree.
If you find that the State has proven beyond a reasonable doubt that the defendant committed the crime of robbery and was armed with a deadly weapon or used threats of the immediate use of the deadly weapon at the time of the commission of the robbery, then you must find [defendant] and . . . Wardrick guilty of robbery in the first degree. [Emphasis added.]
The instructions on second-degree robbery were erroneous; there was no second-degree, unarmed-robbery option in this case. The judge attempted to correct this error by instructing the jury as follows: "I think I indicated that -- a portion of the charge that referred to robbery of the second degree. There is no charge of robbery of the second degree. So that part is omitted." The judge gave no further explanation.
We conclude that there was reversible error in the first-degree robbery charge. See State v. Afanador, 151 N.J. 41, 54-56 (1997). The judge should have, but did not, instruct the jury that they should acquit defendant of armed robbery if they found the elements of unarmed robbery but had doubt about the armed element. The jury clearly did not agree on whether defendant was armed, as it reached no verdict on the weapons counts, but apparently believed that they should nonetheless convict him based on the unarmed elements of robbery. Accordingly, we reverse defendant's first-degree robbery conviction and remand for a new trial.
We reach a different conclusion as to the second-degree burglary instruction. A person is guilty of second-degree burglary "if in the course of committing the offense, the actor:
(1) [p]urposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or (2) [i]s armed with or displays what appear to be explosives or a deadly weapon." N.J.S.A. 2C:18-2b. A person is guilty of third-degree burglary "if, with purpose to commit an offense therein or thereon he: (1) [e]nters a . . . structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter . . . ." N.J.S.A. 2C:18-2a(1).
The judge read the elements of second- and third-degree burglary to the jury, and then instructed as follows: "In order for you to find defendant guilty of the crime of burglary, the State must prove beyond a reasonable doubt . . . the following elements: [o]ne, the defendant entered the structure without permission; two, that defendant did so with the purpose to commit an offense therein."
During deliberations, the jury sought clarification of the State's burden of proof on the second-degree burglary charge. The judge re-instructed the jury as follows:
A person is guilty of a crime of the third degree if, with the purpose to commit an offense therein, the person enters a structure or a separately secured or occupie[d] portion thereof, unless the structure was at the time open to the public or the person is licensed or privileged to enter, or that person is guilty of burglary in the second degree if, in the course of committing the offense I just described to you, that person purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone or is armed with or displays what appears to be explosives or a deadly weapon.
We are satisfied that the re-instruction sufficiently cured any confusion that the first instruction may have caused, and properly instructed the jury on second-degree burglary. Accordingly, we affirm defendant's second-degree burglary conviction.
Defendant contends for the first time on appeal in Point II of his appellate brief that the judge erred in failing to define the elements of a criminal attempt under N.J.S.A. 2C:5-1a(3) in the robbery and resisting arrest instructions. We disagree.
There is no plain error because the judge defined "purpose" and defined "attempt," albeit elsewhere in the instructions. See State v. Smith, 322 N.J. Super. 385, 399-400 (App. Div., certif. denied, 162 N.J. 489 (1999) (holding that where a correct definition of attempt appears elsewhere in the charge, there is no plain error). Nonetheless, an attempt charge is not required where, such as here, there is evidence of a completed theft or robbery. See State v. Gonzalez, 318 N.J. Super. 527, 533-36 (App. Div.), certif. denied, 161 N.J. 148 (1999). The evidence established that defendant had completed the thefts of Christopher when he took Christopher's wallet, watch and car keys. The evidence also established that the perpetrators' sole purpose in invading the apartment was to take something valuable from the occupants.
In addition, the Model Jury Charge for resisting arrest under N.J.S.A. 2C:29-2a does not require the court to define criminal attempt. The Model Jury Charge only requires the jury to find beyond a reasonable doubt that a law enforcement officer was effecting an arrest, the defendant knew or had reason to know that the person was a law enforcement officer, and that the defendant purposely prevented or attempted to prevent the law enforcement officer from effecting the arrest. See Model Jury Charge (Criminal), "Resisting Arrest-Flight Alleged" (2007); see also State v. Simms, 369 N.J. Super. 466, 470 (App. Div. 2004). Accordingly, no error, let alone plain error, occurred from the lack of a definition of the elements of a criminal attempt.
Defendant contends for the first time on appeal in Point III of his pro se supplemental brief that he was prejudiced by the judge's failure to address possible juror taint. We reject this contention.
Lewis, who testified at trial, had advised the judge that she had a passing familiarity with a juror who was a customer at a pharmacy where Lewis worked. During a recess break in the trial, the juror asked Lewis if she was still working at the pharmacy. Lewis reported the conversation to the judge. Counsel did not ask the judge to question the juror, or object to the juror remaining on the jury.
Where it becomes apparent at trial that a juror may have been exposed to extraneous information or outside influences, the trial "court is obliged to interrogate the juror, in the presence of counsel, to determine if there is a taint; if so, the inquiry must expand to determine whether any other jurors have been tainted thereby." State v. R.D., 169 N.J. 551, 558 (2001). Although the judge erred by not questioning the juror, this was harmless error that did not deny defendant a fair trial because the jury did not render a verdict on any charges relating to Lewis.
Defendant contends for the first time on appeal in Point IV of his pro se supplemental brief that the judge erred by holding a charge conference in chambers, off the record, and outside his presence. This contention lacks merit.
Although Rule 1:8-7(b) requires that the court "shall hold a charge conference on the record in all criminal cases," the Rule only requires counsel's presence at the charge conference, not the defendant's presence. Counsel was present at the charge conference in this case. Defendant cites no authority requiring his presence, or evidence that his absence prejudiced his right to a fair trial.
Affirmed in part, reversed in part, and remanded for a new trial on the first-degree robbery charge.
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subset: commoncrawl


text:
Downscaling The Avenues On the Upper East Side
Published: December 6, 1987
(Page 3 of 3)
Above a maximum of 85 feet from the pavement, depending on the height of surrounding buildings, the new buildings would have exterior walls set back on three sides -front, one side and rear - to allow more sunlight to fall on streets and back yards, and they would be built lower.
Finally, the Civitas proposal would further limit the size of avenue buildings by extending the lower-scale midblock zoning to within 100 feet of the avenue, instead of 125 to 150 feet as it is now.
Under the existing zoning and the maximum floor-area ratio of 10, according to the Civitas report, a building on a 100-foot-square lot fronting an avenue could rise 267 feet straight up with 28 floors.
Under its proposal, the building, layered like a stubby wedding cake, would rise only 164 feet in 19 stories. The current zoning would allow 100,000 square feet of space, so that if each foot were devoted to apartments - an unlikely event, but useful for comparison purposes - current rules would allow 125 apartments at a typical average of 800 square feet each.
The Civitas rezoning proposal would allow 111 apartments, in contrast.
The civic group's architectural consultants estimated that more than a hundred 30- to 40-story buildings had been built or were proposed in the area east of Lexington Avenue by March of last year, and that current zoning would allow some 350 more towers to rise on the avenues and wide cross streets.
Civitas's officers said they had not figured out how many potential apartments would be lost if their plans were enacted, but given that many of the buildings could qualify for a floor-area ratio greater than 10, and with several hundred developable tower sites identified by Civitas on the eastern avenues of the district, the change in zoning could translate to the loss of thousands of new apartments.
With a vacancy rate of less than 2 percent, where 5 percent is considered the minimum desirable rate for a flexible housing market - the Upper East Side's downzoning efforts have met with little sympathy from real estate interests and from the Planning Commission itself.
''What Civitas is talking about is that they simply want less density on those avenues than is now permitted,'' said Mrs. Deutsch, the Planning Commission chairman. ''We must tell them that the density and zoning on the avenunes that we have now is appropriate.''
BUT the preservationists are not alone in their battle. Andrew J. Stein, the City Council President, favors new zoning with even lower density than the Civitas proposal for the area, although tied to rent control for commercial property.
Community Planning Board 8, which covers the Upper East Side, has called for a serious consideration of the Civitas proposal by the Planning Commission. David N. Dinkins, the Manhattan Borough President, said he supports the plan, and Friends of the Upper East Side Historic District, a civic group that helped in the fight for downzoning the midblock areas, is also working for it.
In the face of such pressure to downzone around the city, Mrs. Deutsch has remained firm.
''We are saying unpleasant things when the unpleasant things have to be said,'' she declared. ''We cannot draw a wall around us, we cannot be protectionists, we cannot say that it's all right if your kid moves in to your neighborhood, but it's not all right if three other kids want to move in, too.''
Mrs. Deutsch pointed out that there is ''tremendous unfulfilled pent-up demand'' for affordable housing in the city.
''I've been going around telling everyone that this is your problem,'' she said. ''When the kids can't afford to rent an apartment or buy a condo and end up moving to the other end of New Jersey, that is not in the best interests of this city.'' But the tower apartments marching up the East Side are luxury apartments, not starter homes, the preservationists there point out. If the object is to create affordable housing in the area, they say, it should be done by giving density bonuses to developers who include low-cost housing in their new buildings.
The developers maintain, however, that new luxury units free up apartments for everyone eventually.
The Real Estate Board, an industry group, has produced a study showing that many people move up in housing expenditures when they change domiciles. The tenants of a new luxury tower on the Upper East Side will presumably have moved from a less expensive place for others to take up in turn, and so on down the line.
This defense of luxury housing has come to be called the trickle-down theory of housing development, and its opponents say it is just that - a theory.
Even Mrs. Deutsch, with her defense of the Upper East Side's current zoning rules, declared, ''We don't envision the construction of luxury towers as being in the interest of the island of Manhattan.'' Indeed, it has long been a planning goal for the city to scatter upper-income housing throughout the city and to create more social integration of its people.
But Mr. Richman of the Manhattan Institute argues that it is meaningless to point developers to areas where buyers are refusing to go, and that allowing the market to work unfettered by red tape is the best way to open up housing for everyone, even if no one wants to call it ''trickle down.''
''The problem is that trickle down remains only a theory in New York while everywhere else it is a fact of life, beceause there is not enough housing production going on in the city to see what happens,'' Mr. Richman said.
''They built 15,000 units in the Bronx and called it Co-op City and the Grand Concourse moved away and people with lower incomes moved in behind them. The effect was profound and observable and was bemoaned by a planning agency that denies trickle down as a phenomenon.''
Photos of August Heckscher and Genie Rice of Civitas; hig-rise tower on 93d Street and Second Ave (pg. 1); Carnegie Park, on Third Avenue at 94th Street (The New York Times/Peter Freed) (pg. 20)


text:
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- Man killed by vehicle had been charged with domestic assault (11/30/16)
- Former Cape council member dies, remembered as 'wonderful public servant' (11/29/16)1
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Christmas story
It is a simple story, but the birth in a stable 2,000 years ago changed the world. On this Christmas Eve, the story is told again from the Holy Bible (the Gospel according to St. Luke, Chapter 2):
And it came to pass in those days that there went out a decree from Caesar Augustus that all the world should be taxed. (And this taxing was first made when Cyrenius was governor of Syria.) And all went to be taxed, every one unto his own city.
And Joseph also went up from Galilee out of the city of Nazareth into Judea unto the city of David, which is called Bethlehem (because he was of the house and lineage of David) to be taxed with Mary his espoused wife, being great with child.
And so it was that while they were there the days were accomplished that she should be delivered. And she brought forth her firstborn son and wrapped him in swaddling clothes and laid him in a manger, because there was no room for them in the inn.
And there was in the same country shepherds abiding in the field keeping watch over their flock by night. And, lo, the angel of the Lord came upon them, and the glory of the Lord shone 'round about them, and they were sore afraid. And the angel of the Lord said unto them,
Fear not, for, behold,
I bring you good tidings of great joy,
which shall be to all people.
For unto you is born this day
in the city of David
a Savior, which is Christ the Lord.
And this shall be a sign unto you:
Ye shall find the babe wrapped in swaddling clothes
lying in a manger.
And suddenly there was with the angel a multitude of the heavenly host praising God and saying,
Glory to God in the highest,
and on Earth peace, good will toward men.
And it came to pass, as the angels were gone away from them into heaven, the shepherds said one to another,
Let us now go even unto Bethlehem,
and see this thing which is come to pass,
which the Lord hath made known unto us.
And they came with haste and found Mary and Joseph, and the babe lying in a manger.
And when they had seen it, they made known abroad the saying which was told them concerning this child. And all they that heard it wondered at those things which were told them by the shepherds. But Mary kept all these things and pondered them in her heart.
And the shepherds returned, glorifying and praising God for all the things that they had heard and seen as it was told unto them.


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Country Inn & Suites By Carlson, Columbus, GA
Select your stay dates to check availability
Country Inn & Suites By Carlson, Columbus, GA
About the hotel
Property Location
Located in Columbus, Country Inn & Suites By Carlson, Columbus, GA is close to Hughston Clinic and Bull Creek Golf Course. This hotel is within the vicinity of Heath Park and Peachtree Mall.
Make yourself at home in one of the 62 air-conditioned rooms featuring refrigerators and LCD televisions. Complimentary wired and wireless Internet access keeps you connected, and cable programming provides entertainment. Bathrooms feature shower/tub combinations, complimentary toiletries, and hair dryers. Conveniences include desks and complimentary weekday newspapers, as well as phones with free local calls.
Be sure to enjoy recreational amenities including an outdoor pool and a 24-hour fitness center. Additional features at this hotel include complimentary wireless Internet access and a fireplace in the lobby. Guests can get around on the complimentary shuttle, which operates within 5 mi.
A complimentary hot/cold buffet breakfast is served daily.
Business, Other Amenities
Featured amenities include complimentary high-speed (wired) Internet access, a 24-hour business center, and express check-out. A roundtrip airport shuttle is complimentary during limited hours.
Hotel Facilities
- One meeting room
- Dry cleaning/laundry service
- Designated smoking areas (fines apply)
- 24-hour front desk
- Free breakfast
- Total number of rooms - 62
- 24-hour fitness facilities
- Computer station
- Free shopping center shuttle
- Free area shuttle
- Pool umbrellas
- Free WiFi
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- Coffee/tea in common areas
- Fireplace in lobby
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- Year Built 1999
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- Number of buildings/towers - 1
Room Facilities
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- Blackout drapes/curtains
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- Premium TV channels
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- Iron/ironing board
- Free wired high-speed Internet
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Hotel Policy
Know Before You Go
- This property offers transfers from the airport. Guests must contact the property with arrival details 72 hours prior to arrival, using the contact information on the booking confirmation.
- The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- A late check-out fee will be charged
- Rollaway bed fee: USD 10 per night
The above list may not be comprehensive. Fees and deposits may not include tax and are subject to change.Show all hotel policy Show less hotel policy


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filed: December 4, 1981.
COMMONWEALTH OF PENNSYLVANIAv.REGINALD MCNEIL, APPELLANT
No. 1510 October Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal Division, at Nos. 1915-1917 October Term, 1978
Arnold L. New, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Spaeth, Brosky and Van der Voort, JJ. Spaeth, J., files a dissenting opinion.
[ 293 Pa. Super. Page 311]
Appellant was charged with the crimes of rape, recklessly endangering another person, terroristic threats, indecent assault, indecent exposure, unlawful restraint, kidnapping and possessing instruments of crime, as well as violations of the Uniform Firearms Act. On April 16, 1979, he pleaded guilty to rape, terroristic threats and carrying firearms on a public street. The remaining charges were nolle prossed. No post-verdict motions were filed.
Thereafter, appellant was sentenced on June 19, 1971 to a term of imprisonment of five to ten years for rape and two to four years on the firearms charge, to run concurrently. Sentence on the terroristic threats charge was suspended. At the close of the sentencing hearing, Mr. Smith, appellant's public defender, stated in open court to appellant, in regard to his post-trial warnings, "If you wish to appeal, you must do so within 30 days of today's date on only the grounds that have already been explained to you during the colloquy on the guilty plea."
[ 293 Pa. Super. Page 312]
Appellant was not told that before he could take an appeal from any sentence imposed, it would first be necessary to file a petition to withdraw the plea in accordance with Pa.R.Crim.P. 321. Three days later, on June 22, appellant was brought back before the sentencing judge who informed him in detail of the requirement that he first file written motions, within ten days, challenging the validity of the plea, the legality and propriety of the sentence, and whether the plea was entered voluntarily and intelligently. Appellant was told that he had until July 3, 1979 to file the motions. No motions were filed in accordance with Pa.R.Crim.P. 321. On July 17, 1981, notice of appeal to our court from the judgment of sentence was filed by appellant pro se.*fn1 On September 20, 1979, the lower court filed an opinion which held that appellant had waived his right to appeal to our court by failing to file a motion with the lower court challenging the validity of the guilty plea.
In his brief, appellant argues that his public defender was ineffective for allowing the guilty plea to proceed, on the ground that appellant had stated that he had no knowledge of the incident*fn2 and therefore, the guilty plea may not have been voluntary. Appellant also contends that his counsel was ineffective for not correctly informing him of his obligation to first file a petition to withdraw his plea within ten days before perfecting an appeal to the Superior Court.
To begin with, we note that appellant is simply disguising a challenge to the voluntariness of his guilty plea by phrasing it in the language of an ineffectiveness claim. By so doing, appellant apparently hopes to circumvent the fact of his failure to file a petition to withdraw the plea within the requisite ten day period. However, the record clearly shows that appellant was apprised of his appellate rights, including the obligation to file motions attacking the validity of the guilty plea within ten days, both at the time of the initial
[ 293 Pa. Super. Page 313]
guilty plea colloquy, and at the special colloquy three days after sentencing. At the time the guilty plea was entered, the following colloquy took place:
THE COURT: But when you give up your right to a trial and you plead guilty, you can appeal to a high court on only three very narrow grounds, and those grounds are the right of the court to try you . . . the legality of the sentence . . . [and] whether or not your plea was entered into voluntarily, understandingly, with a full knowledge of the rights you were giving up and whether there was any force or threats, whether you actually entered this plea of guilty voluntarily and of your own free will. Do you understand that?
A. Yes, ma'am.
Q. I want to tell you further that if you wish to take an appeal from any sentences imposed as a result of your plea, it would be necessary for you to first file a petition to withdraw your plea before me, setting forth your reason for withdrawal of the plea, and there is no assurance that your petition would be granted.
Q. Do you understand that?
Q. I must also make clear to you that I will accept your plea of guilty only if you assure me this morning that your plea is made by you of your own free will. Now, is your plea of guilty being entered of your own free choice and free will?
Later in the proceeding, the following exchange took place:
Q. If you wish to withdraw your guilty plea which I am going to take today, I am going to defer sentence to give you an opportunity. I am going to defer sentence for two reasons. One is that I must have a presentence investigation and a psychiatric evaluation, but I am also going to defer sentence to give you an opportunity to withdraw
[ 293 Pa. Super. Page 314]
your plea, and if you wish to do so, you must do so within ten days, and that petition to withdraw the plea must be in writing to this Court before you are sentenced. Is that quite clear to you?
Q. You must file this petition before you are sentenced or you will no longer be able to withdraw your plea. You are entitled to a lawyer if you wish to withdraw your plea, and, of course, Mr. Smith of the Defender's Office would continue to represent you if you cannot afford a lawyer. Is that clear?
Q. Do you wish to withdraw your plea?
A. No, ma'am.
Appellant was again informed of his obligation to file motions attacking the validity of his guilty plea within ten days, when he was brought back before the court on June 22 for the express purpose of being so informed. At that time, the following exchange occurred:
THE COURT: Mr. Smith, who represented you at the time of sentencing, was asked to give you your post-sentencing warnings, and instead of telling you what I am going to tell you now, he told you that you had 30 days to appeal to the Superior Court with respect to the sentence or any question as to the validity of your plea. That was not correct. Actually, when you plead guilty and the court accepts the plea and sentences you, you have an absolute right to appeal to the Superior Court. However, before you are permitted to do so or to file that appeal, you must first present written motions in writing before me challenging the validity of the plea, including the right of this Court to try you, the legality and the propriety of the sentence which I have imposed, and whether you entered your plea voluntarily, intelligently, and of your own free will. Do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Such a motion must be filed within ten days from today, and only those grounds which are contained
[ 293 Pa. Super. Page 315]
in that motion or those motions will be available to you if you wish to appeal to the Superior Court of Pennsylvania. Do you understand that?
THE COURT: And that would be so unless those particular grounds did not exist within the ten-day period. Do you understand that if you do not file these motions within ten days from today, you will be giving up the right to raise these grounds on appeal?
THE COURT: In effect, as a result of that, if you don't file them within ten days, you will be giving up your right to appeal to the higher court. Is that clear to you?
THE COURT: If you file those motions to withdraw your plea or challenging the validity of the plea and this Court should rule adversely to you or deny your motions, then you must file your appeal to the Superior Court within 30 days from the date of the denial. Do you understand that?
THE COURT: Do you understand that you are entitled to counsel who would file the appeal on your behalf and would file these motions on your behalf?
THE COURT: Do you have any questions about your guilty plea, the sentence, your right to counsel, and the right to challenge the validity or propriety of your guilty plea ?
THE DEFENDANT: Yes.
THE COURT: What is your question?
THE DEFENDANT: About the time.
THE COURT: It must be filed within ten days from today. It would have to be in writing before me by Tuesday, July 3. (Emphasis added.)
It is well settled that our appellate courts will not consider challenges to guilty pleas which are raised for the
[ 293 Pa. Super. Page 316]
first time on appeal. As we stated in Commonwealth v. Dowling, 482 Pa. 608, 609, 394 A.2d 488, 489 (1978),
Our cases have iterated and reiterated that the proper procedure by which to attack a guilty plea is to file in the trial court which accepted the plea a petition to withdraw it. [Citations omitted.]
See Pa.R.Crim.P. 321,*fn3 Pa.R.A.P. 302.
It is clear from the record here that appellant was sufficiently informed by the court of his obligation to challenge the plea within ten days. Therefore, his claim that his counsel was ineffective for failing to so inform him lacks merit. In addition, we are convinced by our review of the record that appellant understood the court's warnings. As the lower court noted, appellant completed the eleventh grade and understands the English language, and was not under the influence of drugs or intoxicants at the time he was so advised. Nor was he suffering from any "black-out" episodes.*fn4
Therefore, we hold that appellant waived the right to have his appeal considered by our court. We find that the lower court judge took every possible step to ensure that appellant's appellate rights were protected, in two lengthy colloquies. Furthermore, appellant, who was given the opportunity by the court to ask questions concerning his rights, asked about the time period for filing motions pursuant to Pa.R.Crim.P. 321, indicating that he understood the substance of what was said to him but wanted to make sure of the time period.
Accordingly, we affirm the sentence imposed by the court below.
[ 293 Pa. Super. Page 317]
SPAETH, Judge, dissenting:
I agree with the majority that a party challenging a guilty plea on appeal must ordinarily file a motion to withdraw the plea in the court in which it was entered. Commonwealth v. Dowling, 482 Pa. 608, 394 A.2d 488 (1978); Commonwealth v. Lee, 460 Pa. 324, 333 A.2d 749 (1975). However, it is settled that appellate review of a challenge to a guilty plea will be afforded where, as here, the challenge is that counsel's ineffectiveness contributed to entry of the plea. Commonwealth v. Unger, 494 Pa. 592, 432 A.2d 146 (1980); Commonwealth v. Ford, 484 Pa. 163, 398 A.2d 995 (1979); Commonwealth v. Ray, 483 Pa. 377, 396 A.2d 1218 (1979); Commonwealth v. Weiss, 289 Pa. Superior Ct. 9, 432 A.2d 1020 (1981).
Appellant argues that he entered his guilty plea because his counsel failed to recognize and advise him that he should not plead guilty because he properly could not. Specifically, appellant argues that his counsel knew that he had a history of black-outs, had blacked out at the time of the rape, and was therefore unable to recall anything about the incident, but that nevertheless, counsel did not recognize and advise him that he could not properly plead guilty because he could not admit to committing a crime that he had no recollection of committing.
The Commonwealth responds that "[e]ven if [appellant] genuinely could not recall raping Ms. King, . . . this would not automatically invalidate his guilty plea" because, where there is overwhelming evidence of guilt, an accused may intelligently and voluntarily decide that even though he cannot recall the incident, he may as well plead guilty. Brief for Commonwealth at 4, citing Commonwealth v. Cottrell, 433 Pa. 177, 249 A.2d 294 (1969). Here, the Commonwealth says, the evidence of appellant's guilt was overwhelming. Id. at 4-5. The difficulty with this response is that the record does not show that appellant did decide that he might as well plead guilty, even though he could not recall the incident, because the evidence was so overwhelming. Nowhere in the colloquy does appellant say he had
[ 293 Pa. Super. Page 318]
made such a decision, nor does his counsel say so. There are only some general, conclusory statements. For example, appellant responded in the affirmative when asked by the court, "Are you satisfied that he [appellant's counsel] knows all the facts of your case and has had sufficient time to look into any questions either you or he may have about the case?" N.T. 4/16/79, 10. Also, counsel told the court, "It is my opinion that [appellant] understands what he is charged with and what the nature of the changes are, and I have been able to discuss the case with him." N.T. 4/16/79, 11. The fact that appellant was "satisfied" that counsel had properly advised him does not reveal what advice counsel gave, and neither does counsel's statement that he had "been able to discuss the case" with appellant. Commonwealth v. Unger, 494 Pa. 592, 596, 432 A.2d 146, 147 (1980) ("The client cannot be expected to understand the significance of facts which may constitute a defense.").
Appellant further argues that counsel was ineffective in failing to recognize and advise him that his black-outs indicated a mental condition such as might afford a defense to the charge. Appellant's Brief at 8 n.2. If indeed at the time of this incident appellant did not know what he was doing, a defense of not guilty by reason of insanity might have been available. The record, however, does not show the counsel discussed this possibility with appellant before permitting him to plead guilty.
The majority characterizes appellant's arguments as "simply disguising a challenge to the voluntariness of his guilty plea by phrasing it in the language of an ineffectiveness claim." Majority op. at 128. I can find no basis for this statement. Of course, it may in fact be correct, but that does not appear from the record. To the contrary, the record suggests that there may be substance to appellant's assertion that counsel did not advise him as fully as required to enable him to enter an intelligent and voluntary guilty plea. The record indicates that as a child, appellant attended a "retarded educable" school, and that he has suffered black-outs since the age of 12. N.T. 6/19/79, 2-3. Appellant apparently received psychiatric treatment for these
[ 293 Pa. Super. Page 319]
black-outs as an outpatient at a mental institution from 1977 to early 1978. N.T. 4/16/79, 5-7. Since this treatment, appellant testified, he has had at least one more black-out, in the summer of 1978. N.T. 4/16/79, 7. At sentencing, appellant said, "I don't remember pointing no gun at no one," "I didn't know what I was doing," and "I ain't knowed what I was doing at that time." N.T. 6/19/79, 6, 18, 21.
Certainly appellant's disclaimers of knowledge are transparently self-serving, and I am as skeptical of them as the majority. At this stage of the case, however, skepticism is irrelevant. The only issue before us is not whether appellant's claim of ineffective counsel is meritorious, but whether it is arguable. Sometimes the record will demonstrate that such a claim is not arguable, but that is not so here, and when it is not so, the case should be remanded for an evidentiary hearing, at which the lower court may determine what in fact counsel did tell the accused, and why, and whether that advice represented effective assistance of counsel. Commonwealth v. Connolly, 478 Pa. 117, 385 A.2d 1342 (1978); Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1975); Commonwealth v. McCartan, 280 Pa. Superior Ct. 531, 421 A.2d 849 (1980); Commonwealth v. Jackson, 267 Pa. Superior Ct. 63, 405 A.2d 1304 (1979).
I should remand for an evidentiary hearing on the alleged ineffectiveness of counsel.
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October 5, 2011
HILTON KARRIEM MINCY,PLAINTIFF,v.EDWARD KLEM, ET AL., DEFENDANTS
AND NOW, this 5th day of October, 2011, upon consideration plaintiff's motion for a preliminary injunction (Doc. 147) pursuant to Federal Rule of Civil Procedure 65, which is an extraordinary remedy that should be granted, in the Court's discretion, only if a plaintiff demonstrates: (1) a likelihood of success on the merits; (2) irreparable harm resulting from the denial of relief; (3) granting the injunction will not result in irreparable harm to the non-moving party; and (4) granting the injunction is in the public interest, Liberty Lincoln-Mercury, Inc. v. Ford Motor Co., 562 F.3d 553, 556 (3d Cir.2009) (citing McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC, 511 F.3d 350, 356-57 (3d Cir. 2007), and this Court recognizing that because of the intractable problems of prison administration, a request for injunctive relief in the prison context must be viewed with considerable caution, Rush v. Correctional Med. Services, Inc., 287 F. App'x 142, 144 (3d Cir. 2008) (citing Goff v. Harper, 60 F.3d 518, 520 (8th Cir. 1995)), and it appearing that plaintiff seeks an order directing defendants to transfer him back to a prison in his "home" region (the eastern region of Pennsylvania) (Doc. 148, at 1), and it appearing that plaintiff does not have a right to confinement in any particular prison, and the failure to transfer him to a prison in his "home" region does not implicate any constitutionally protected rights, see Olim v. Wakinekona, 461 U.S. 238 (1983), and that plaintiff is therefore unable to demonstrate a reasonable probability of success on the merits, that he will suffer irreparable harm, or that granting the injunction would be in the public interest, and it further appearing that the request is an impermissible basis for seeking injunctive relief as the issuance of a preliminary injunction is to preserve the status quo and prevent irreparable harm until the court has an opportunity to rule on the merits of the pending lawsuit, Acierno v. New Castle County, 40 F.3d 645, 647 (3d Cir. 1994), it is hereby ORDERED that plaintiff's motion for a preliminary injunction (Doc. 147) is DENIED.
CHRISTOPHER C. CONNER United States District Judge
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Darren Fells Makes Presence Felt
David Gao | Jan 21, 2008 | Comments 0
At six feet and seven inches, senior Darren Fells is usually not the tallest man on the court, despite being a center. But, coming into the season as a fourth-year starter and having two All-Big West honorable mention team honors to his credit, the Anteaters knew a successful season would require Fells' presence.
Over the summer offseason period, the Fullerton native mainly worked on his shot. 'Coming into the season, I knew I had to be a more dominant post player, but with [defenders] sagging off me last year, I had to work on my three-point shot and my mid-range shot,' Fells said. 'I shot about 100 shots a day.'
Recently, the effort has paid off, as Fells has put up three double-doubles in his last four games, all against top teams in the Big West
Filed Under: Sports


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On average, listings lease in the $20's per square foot per year. The Sierra Center submarket is experiencing a an increase in rates. In the last 3 months, the median rate went up $13 per sqft per year. That's a 85% increase in rent.
In the last 90 days, 1 listings have been made available, which means office spaces most likley are leasing quickly. You'll want to be prepared to make an offer immediately. There aren't many listings below 2,000 square feet posted, so finding a space for a small business might be tough.
Even though the median size is 17,010 sqft, there are still 0 new availabilities below 2,000 sqft. Most buildings in this area are approximately 1 stories. Most buildings in this region were built in 2004 and are Class B.
Arts, entertainment, and restaurants are the dominant industries in this market. Commute by car is the most popular way to get to work amongst Sierra Center occupants. Commuting around 15 minutes a day is the norm for those who opt to reside in this part of town.
Trends and status of the commercial real estate market in Sierra Center.
Market Report
Real time and historical data on commercial real estate listings in Sierra Center.


text:
Buying A Home
Before you start looking for a new home it is a good idea to find out whether or not you are eligible for a loan and to find out how much you can borrow. Most banks offer to lend up to 80 to 90% of the value of your new home which means that you only need 10 to 20% of the value of your home as a deposit. There may be conditions to this type of mortgage which may vary depending on the bank you choose.
There are many aspects that need to be taken into account when choosing where to live. An idea is to rent first before committing yourself to the purchase of a new home. This way, you can take time to decide on the community in which you would like to live and this decision may be based on the schools in the area, access to public transport, access to work, access to other facilities/shops etc.
There are several ways in which you can do this, drive through the neighbourhood/s in which you would like to live and see which houses are for sale, contacting a real estate agent in the area, checking the local paper's real estate section and the internet.
Real Estate Institute of New Zealand


text:
Danish Coffee Crescents
|3⁄4 Cup (12 tbs)
|1⁄3 Cup (5.33 tbs)
|1 1⁄2 Tablespoon (1.5 Package Active Dry / Compressed)
|Warm water
|1⁄4 Cup (4 tbs) (Not Hot)
|1 Cup (16 tbs)
|1⁄4 Cup (4 tbs)
|1 , beaten
|3 1⁄2 Cup (56 tbs), sifted
|1 Teaspoon
Cut butter into flour, using pastry blender.
Pat into a ball, then flatten out in a 9-inch square on a baking sheet; put in freezer 20 minutes.
Sprinkle yeast into warm water; stir until dissolved.
Scald milk; add sugar and cool until lukewarm; mix in dissolved yeast and egg.
Put flour and salt in mixing bowl.
Add yeast and milk mixture and beat until smooth.
Turn out on a floured board and roll out into a 9 by 18-inch rectangle.
With spatula lift butter mixture onto half the dough.
Fold over dough and roll out.
Fold over 1/3 of dough from the left, then 1/3 from the right, and roll out.
Repeat twice more.
Refrigerate 1/2 hour.
Roll out dough 1/8 inch thick; cut into 3-inch triangles; roll and shape into crescents.
Place on greased baking sheet.
Let rise 45 minutes.
Bake in a very hot oven (450°) for 15 minutes.
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 3378 Calories from Fat 1357
% Daily Value*
Total Fat 154 g237.4%
Saturated Fat 93.2 g466.2%
Trans Fat 0 g
Cholesterol 596.9 mg199%
Sodium 2136.2 mg89%
Total Carbohydrates 432 g144%
Dietary Fiber 14.8 g59%
Sugars 63.6 g
Protein 66 g132.8%
Vitamin A 93.8% Vitamin C 0.04%
Calcium 40.2% Iron 133.3%
*Based on a 2000 Calorie diet


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Janata Party president Subramanian Swamy had contended that P Chidambaram as finance minister had a role in fixation of prices of the licenses and in the dilution of shares by the telecom firms to two foreign companies
New Delhi: The Supreme Court on Thursday left it to the trial court to decide on the demand for investigation of the alleged role of Union home minister P Chidambaram into the second generation (2G) spectrum allocation scam but refused to give direction to Central Bureau of Investigation (CBI) on the issue, reports PTI.
Disposing of the petitions filed by Janata Party president Subramanian Swamy seeking a direction to the CBI to probe the alleged role of Mr Chidambaram, a bench comprising justices GS Singhvi and AK Ganguly said that its order should no way influence the proceedings before the trial court.
The apex court said that the trial court should decide the matter within two weeks.
Special CBI judge OP Saini, who is hearing a separate petition of Mr Swamy to prosecute Mr Chidambaram, has already reserved his order for 4th February.
Mr Swamy had contended that Mr Chidambaram as finance minister had a role in fixation of prices of the licenses and in the dilution of shares by the telecom firms to two foreign companies.
The apex court cancelled licences of 11 telcos, including 21 of Videocon, 22 Uninor, 9 Idea, 3 Tata Tele, 13 Swan, 21 Loop and asked TRAI to come up with guidelines to allocate newer licences
The Supreme Court on Thursday cancelled all licences given to 11 telecom companies issued after January 2008. The apex court has cancelled 122 licences, including 21 of Videocon, 22 of Uninor, 9 of Idea, 3 of Tata Tele, 13 of Swan, 21 of Loop, 6 of S-Tel and 2 of Allianz.
The ruling has come as a major blow to the Congress-led United Progressive Alliance (UPA) government. The Supreme Court observed that 85 out of the 122 licences granted by the UPA government on or after 8 January 2008 were outside the eligibility criteria for allocation of the 2G spectrum. "The 122 licences for 2G spectrum were granted in arbitrary and unconstitutional manner," the Court said.
A two-judge bench comprising justices GS Singhvi and AK Ganguly allowed the impugned licenses to run for four months after which the cancellation order will become operative.The apex court asked the Telecom Regulatory Authority of India (TRAI) to come up with fresh recommendation on granting of 2G licences.
The SC imposed heavy costs of Rs5 crore on Etisalat DB Telecom Pvt Ltd (Swan Telecom Ltd), Unitech Wireless Group and Tata Teleservices Ltd, who were benefited by a "wholly arbitrary and unconstitutional" action of award of licenses to them and for off-loading their stakes for many thousand crores in the name of fresh infusion of equity or transfer of equity.
It ordered Loop Telecom Pvt Ltd, S-Tel, Allianz Infratech and Sistema Shyam Tele Services Ltd, who were also beneficiary of the decision, to pay a cost of Rs50 lakhs each.
Meanwhile, the Finance Ministry said it is working out the financial implication of the Supreme Court judgement to cancel 122 telecom licences on the banking sector. "We have to see the implication. Officers are working on the impact of judgement on the banks...we will soon have a clear picture," a senior finance ministry official told PTI.
Several lenders including the State Bank of India, ICICI Bank, Punjab National Bank and IDBI Bank have extended credit to the telecom companies whose licences have been cancelled. Country's largest lender SBI said the bank has fund based exposure of Rs1,100 crore in telecom companies affected by the apex court order.
In a release, Telenor, the holding company of Uninor, whose 22 licences are cancelled by the apex court, said, "Telenor has yet to review the ruling and will be able to comment further once we had a chance to review it".
The apex court also referred the matter on probing Home Minister P Chidambaram's role in the 2G scam to the Central Bureau of Investigation (CBI) Special Court. On Saturday Justice OP Saini of the Special Court is expected to deliver the verdict on whether Mr Chidambaram should be made a co-accused in the 2G scam.
In another important judgement, the Supreme Court refused to sanction a Special Investigation Team (SIT) to over-see the CBI inquiry in the 2G spectrum allocation scam. Instead, the apex court said, the Central Vigilance Commission (CVC) should monitor the investigation and the CBI should submit its status reports in sealed envelopes to the Commission.
Meanwhile, Central Vigilance Commissioner Pradeep Kumar has expressed satisfaction over the progress in 2G issue and said the Commission will give a prompt response after studying the Supreme Court judgement. "We will study that judgement. We will respect that judgement and CVC as you know has referred the matter to the CBI and we are glad that matter is progressing," Kumar told reporters in New Delhi.
The RBI has allowed other private sector banks to handle government business but a few more steps are required to ensure a level playing field for all players for healthy growth of banking in India
The Reserve Bank of India (RBI) has just issued a notification whereby private sector banks are now permitted to handle central and state government business on complying with certain formalities. This will be a step forward in removing the discrimination existing at present between the private and the public sector (nationalised) banks (PSBs).
In fact, three private sector banks, ICICI Bank, HDFC Bank and Axis Bank were treated as more equal than others and allowed to handle government business since long due to the clout they enjoyed with the powers that be and repeated requests from other private banks to treat them at par were not heeded to so far.
Now that RBI has loosened its strings by allowing all the private banks to handle government business, this will not only help these banks to improve their business, but more importantly, it will be of great help to the customers. Customers of these banks and the public at large will be able to do transactions with the nearest branch of any bank they are comfortable with and those who are able to offer better customer service, irrespective of the ownership of the bank concerned. It is not uncommon to see a huge crowd in some of the PSBs like State Bank of India (SBI) during the first week of every month, where customers have to wait for a hours together to get their pension while at the same time the private banks' branches wore a deserted look for no fault of theirs.
However, this notification issued by RBI, though not very clear, hopefully will include payment of pension to employees of the central and state governments and those of the defence forces, who now get their pensions only through the PSBs. It would be of great help to these pensioners, if both the governments start disbursing of pensions through any public or private bank according to the choice of the pensioner, thereby helping the retired employees, especially the senior citizens in their old age.
There are still a few more areas of discrimination against the private banks and the RBI should take steps to remove these anomalies and provide a level playing field for all the banks in the interest of encouraging competition and improved customer service.
At present, the Government of India (GoI) provides interest subvention of 2% and 3% on short term crop loans only to the PSBs, co-operative banks and regional rural banks, in respect of their lending to agriculture on certain terms and conditions, to encourage them to lend to the agriculturists at a subsidized rate of 7%. While this will help PSBs to attract farmers into their fold for increasing their lending to the priority sector, the same benefit is not available to private banks, which also have to meet priority sector lending targets or face penalty prescribed by the RBI.
If the subsidy is to encourage lending at a lower rate to the poor people, there is no rhyme or reason, why private banks are excluded from this scheme and the RBI is a silent spectator to this discrimination practiced by the central government.
Again, the central government has been periodically issuing instructions to public sector units or companies (PSUs) to bank and place their surplus funds with PSBs only, even when the PSUs may get better terms or interest from the private banks. This is not only against the interest of the PSUs but also in conflict with the good corporate governance expected to be practiced by all the companies in general and the PSUs in particular. RBI as the regulator of banking sector has the responsibility to ensure that all banks are treated fairly in the interest of orderly development of banking in India.
Let us hope that this will be beginning of an era of equality and fair play for all the banks and the steps initiated by RBI should be a forerunner for licenses to be issued for setting up new banks in the private sector.
(The author is a financial consultant and writes for Moneylife under the pen-name 'Gurpur')


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ERIC Number: ED160436
Record Type: RIE
Publication Date: 1978-Oct
Pages: 22
Abstractor: N/A
Reference Count: 0
Determining Salinity by Simple Means.
Schlenker, Richard M.
This paper describes the construction and use of a simple salinometer. The salinometer is composed, mainly, of a milliammeter and a battery and uses the measurement of current flow to determine the salinity of water. A complete list of materials is given, as are details of construction and operation of the equipment. The use of the salinometer in various science courses is discussed and a sample lesson plan is given. (BB)
Publication Type: Guides - General
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Marine Education; Salinometers
Note: Paper presented to the Northeast Maine Education Council Conference (Brewster, Massachusetts, October 1978); Not available in hard copy due to marginal legibility of original document


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Le Vian
Women's Pink Diamond Diamond Circle Ring (5/8 Ct. T.w.) In 14k Rose Gold
See more Le Vian Rings.
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We check over 450 retailers daily and we last saw this product at Macy's.Go to Macy's
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Simply stunning. Le Vian's circle ring, set in 14k rose gold, puts forth a radiant display of round-cut diamonds (5/8 ct. T. W. For an elegant touch. Size 7. 5/8 Carat Diamond Ring. Diamond Colour Rating Code: H-I. Diamond Clarity Rating Code: SI2-SI3. Diamond Cut: Round. Almost all gemstones and blue and black diamonds have been treated to enhance their beauty and require special care. All gemstone carat weights (ct. T. W. If mentioned, are approximate; variance may be. 05 carat. Custom ring sizing is not available for this item. The Worry No More program can only be purchased in store, please bring your online receipt within 30 days of the purchase date to any Macy's location to sign up for this program. Color: pink


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Budgetel Inn
4104 West Vine Street, Kissimmee, 34741, US
Select your stay dates to check availability at Budgetel Inn
Budgetel Inn
About the Hotel
Property Location
With a stay at Budgetel Inn, you'll be centrally located in Kissimmee, walking distance from Osceola Square Mall and close to Florida Technical College. This hotel is within close proximity of Shingle Creek Regional Park and 192 Flea Market.
Make yourself at home in one of the 172 air-conditioned guestrooms. Cable television is provided for your entertainment. Conveniences include phones and safes.
A complimentary breakfast is included.
Business, Other Amenities
Featured amenities include a 24-hour front desk and an elevator (lift).
Hotel Facilities
- 24-hour front desk
- Free breakfast
- Outdoor pool
- Smoke-free property
- Elevator/lift
- Total number of rooms - 172
- Number of floors - 3
Room Facilities
- Hair dryer
- Air conditioning
- In-room safe
- Television
- Phone
- Cable TV service


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jvmccall precisava de um novo design de banner para web e criou um concurso na 99designs.
Um vencedor foi selecionado entre 113 designs enviados por 34 designers freelancers.
We provide a marketing service to real estate investors.
We need a header for our new website - http://www.WholesalingMarketing.com. The website will be centered and the main logo needs to be centered with the colors full width. Here is a good example of what we're looking for - http://www.instantcashinfusion.com/.
Note: I like the colors and the simplicity of the header on http://www.instantcashinfusion.com. Try to do something similar.
The main text of the logo: "Wholesaling Marketing". Subtitle if you can make it work: "Marketing Done For You - Jump Start Your Business Today"


text: La Boca del Lobo in Quito is a super Restaurant with plenty of options. We decided to stop by the restaurant on our last night in Quito. The food was so tasty with big portions. Comparing with restaurants in USA this was equal the same quality. The staff is very friendly and professional. The food is higly recommend!


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5 posts tagged with Joan.
Displaying 1 through 5 of 5. Subscribe:
You know this guy? Yeah, him, with the art and the comics. Well, he successfully crowdfunded at least thirty cartoons, to be released weekly. Welcome (back) to the disquieting world of Joan Cornellà. (Warning: the various media contain nudity, violence, drug use and Jimbo the Jam.)
"Writers are always selling somebody out."
Céline Unveils Its Latest Poster Girl: Joan Didion [New York Times]
"I don't have any clue," said the 80-year-old author of well-thumbed classics such as "The White Album," "Slouching Towards Bethlehem" and "The Year of Magical Thinking," reached by telephone on Wednesday at her Upper East Side residence (where the photo, by Juergen Teller, was taken). "I have no idea." Whose idea was this? "They got in touch with me," Ms. Didion said, as crisp as one of Phoebe Philo's cotton tunics."[The Céline ad featuring Joan Didion.] [more inside]
Cartoon fables with strange reversals
The Passion of Joan of Arc
Joan Rivers on the subject of Boobs: "I think the stereotype that if you ah big breasts you can't be smart came from the fact that your breasts hid your schoolbooks. So it was a little harder to learn." A&E tackled the subject of cleavage in a special that aired first in 2002 and again last night. SFW unless you work for the Archdiocese.
Page: 1


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See Details on eBay
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Item: 182368837045
This mortise lock have a working skeleton key 3 1/4" depth by 3 5/8" Height bronze faceplate 5 1/4" long by 7/8" wide
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Live Streaming Tour of Haunted Untermyer Park, Sunday, 10/23
We just put this together, so I apologize for the last minute announcement. I'll be doing a live stream on Sunday, 10/23 at Untermyer Park in Yonkers, NY. You can watch the stream on my Facebook page.
Untermyer Park was home to a very active satanic cult in the 70s and 80s, and known to have been frequented by infamous serial killer, The Son of Sam. The beautiful grounds and old mansion have also seen their share of ghostly apparitions over the years. If you've ever wanted to see the legendary spot but can't get there, this is your chance. We hope to get down the terrifying 'Fiend's Path' while we're there.
You can bone up on the paranormal happenings here, thanks to the Yonkers Ghost Investigators.
Creepy Movies For Halloween and Casting Remakes
Tis the season for lots 'o horror movies. There are so many to choose from, it's always difficult to decide what to watch. If you've been following what I've been watching on Twitter under hashtag #Horrortober, you'll see I've watched over 30 so far. I'm hoping to hit the 50 mark this year. I give a rating for each movie so you know which ones to avoid and which ones to pop in the Blu Ray player or get On Demand.
Catching up on a couple of episodes of Monster Men, we review perfect movies for Horrortober like HUSH, DON'T BREATHE, GREEN ROOM and NEON DEMON. These 4 flicks will definitely have you waiting for the Great Pumpkin.
Next up, we wax unpoetic about unnecessary remakes and who we would cast in each. Do movies like Jaws, Alien and Escape from New York need to be remade? Hell no! But we all know that Hollywood can't help itself. It will happen. If it happened today and we were casting directors, here's where we would take things. The big question is, how would you recast them?
Introducing FAST FRIGHTS – Horror Shorts For Long, Dark Nights
I teased this a bit a couple of months ago and it's finally here. The very first volume of HUNTER SHEA'S FAST FRIGHTS – DARK MASTER, is now available everyone ebooks are sold for only .99!
So, what are Fast Frights? They're quick terror hits to get your horror fix. Right now, the plan is to publish a new short story bi-monthly. Eventually, Fast Frights will evolve into a monthly offering featuring some of the best voices in horror. Special thanks to artist Michael Chella for the chilling cover to get this party started.
10% of all sales goes to the LUPUS FOUNDATION OF AMERICA.
To kick things off, we have DARK MASTER, an alien abduction story that will have you looking askance at the night sky.
"I used to call them pirates.They come here in big ships and take whatever they want. Except they're not here for treasure. They want our souls."
Is Sheila Yates crazy, or are her tales of repeated abductions by extraterrestrials the truth Jason has been looking for? In a lone house in a remote upstate New York town, he's about to find out, or go stark raving mad in the process.
Download your copy of DARK MASTER today at Amazon, B&N, Kobo, iTunes and more.
Tis The Season For Pumpkin Ale Pleasin'
You know, we Monster Men always go the extra mile for our fans, especially during Horrortober. With soooo many pumpkin ales out there now to choose from, which one should you be chugging while you watch Halloween or The Texas Chainsaw Massacre? Jack and I are here to help.
In our third annual Horrortober Booze Fest, which we call Beers for Fears, we tackled 4 pumpkin ales and ranked them for you. As beauty is in the eye of the beholder, you'll see that taste is in the buds of the tongue. Enjoy a couple of beer slobs (not snobs) sipping ale and munching on pumpkin spice Oreos. We're also giving away signed copies of Dark Dossier Magazine, so find out how you can get one!
Scary Books To Read This #Horrortober
It's getting chilly outside and I see a smattering of brown crunchy leaves on the ground. That means it's time to dive headfirst into the pile of books I curate just for the Halloween season, or as I call it, Horrortober. This year's list may be a bit ambitious, but I think I can do it. That's along with watching 1 horror movie a day and other decadent things. So, if you're looking for a hot read when the nights are dark and our spirits colder, pluck one of these off the shelf…
First the birds disappeared.
Then the insects took over.
Then the madness began . . .
They call it Wanderer's Folly–a disease of delusions, of daydreams and nightmares. A plague threatening to wipe out the human race.
After two years of creeping decay, David Arlen woke up one morning thinking that the worst was over. By midnight, he's bleeding and terrified, his wife is dead, and he's on the run in a stolen car with his eight-year-old daughter, who may be the key to a cure.
Ellie is a special girl. Deep. Insightful. And she knows David is lying to her. Lying about her mother. Lying about what they're running from. And lying about what he sees when he takes his eyes off the road . . .
For Joan Lantz, it starts with a dream of a death-cult's mass suicide in the jungle of Suriname thirty years ago, followed by the discovery of a hidden basement in her new house, where heavy metal music echoes on humid tropical air.
For Kevin Benecke, long-suffering employee of a mysterious organization known simply as Maintenance, it starts with the violent death of his co-worker at the hands of a madman who tells him, The Big Dark is coming for you.
Long-dead cult leader and former rock star Mark Maegarr has returned from beyond the grave, and Joan and Kevin have front-row seats to his apocalyptic comeback. Maegarr's waited decades to finish what he started, and this time no one will stop him from putting on a killer show designed to hasten the universe's end.
Rock on.
A horrific childhood incident cast a shadow over Fela Barton's life for fourteen years.
Now a 20-year-old college student, Fela survived her first semester of living on campus and is finally ready put the past behind her.
Until the nightmares start again.
Fela's dreams hold the key to the madness that has plagued her family for generations. But as she searches for answers, a terrible evil gets closer to finding her.
Only one person can help Fela now–and he's been dead for over 70 years.
They're not alone in the house.
With a baby on the way and a brand new house, it seems Ginny and her husband, Sean, are on their way to a fresh start. But strange occurrences and financial strain seem determined to keep Ginny and Sean stuck in the past. Ginny begins to believe the house may be haunted…or that her husband might be trying to trick her into thinking so. As Ginny researches the house's former owner and the tragedy that happened there, it becomes clearer than ever that something is in the house with them. The question is, who…or what…is it?
On July 8th 1987, in Long Branch, New Jersey, The Haunted House Pier and Murphy's Law club fires destroyed not only local landmarks, but everything Manny Santiago found dear.
And it isn't over.
The entity responsible for killing Manny's family and wreaking devastation in the small seaside community has reappeared. Again. As it has every year since. And is growing in power.
Every July 8th it returns, as survivors of the fires, including Manny, are mysteriously led back to the now-vacant seaside lot on Chelsea Avenue, where the entity intends to finish what it started in 1987 once and for all.
How do you go on living when you're already dead?
The world has ended, yet a few places still cling to life, dragging out their final, dwindling moments until the last second. The United Kingdom is one of those places still left alive, but it is only a matter of time before it too is wiped from the face of the earth.
The Tar is coming, covering every inch of the globe. There is no escape.
It means the clock is ticking for Finn, who needs to find the monster that murdered his sister. The world might be over, but vengeance never dies.
By bestselling author, Iain Rob Wright, comes an apocalypse like no other. Follow a broken brother's vengeance as he seeks to kill a man who is already dead.


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Wipeout Red HD Wallpaper in Games Other Category
Updated: 2013-12-31 View: 682 Uploader: Admin Category: Games SubCategory: Other
Tags: Video Games , Red , Wipeout
Description: Wipeout Red HD Wallpaper is a very suitable as your computer & pc desktop background, Wipeout Red HD Wallpaper was tagged with: Video Games,Red,Wipeout in Games Other category. You can free download or save Wipeout Red HD Wallpaper as your computer & pc desktop background. Also you are welcome to share your opinion on Wipeout Red HD Wallpaper by using the comment form as below.
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so, a day off and then a nice drive to athens, georgia, a place i've not been to before but have heard much about. we got in right at sundown, we had a show set up for us at the 40 watt club, it was just to be us playing 2 sets, a monday night, my expectations weren't so high. after getting some good coffee and taking a walk i got the feeling that athens is really a music town – it seems people take it pretty seriously there – i just got a sense about it. we went and got some dinner at the restaurant next door to the 40 watt, had plenty of time to relax and warm up. i was really surprised with the turnout & the reception – about 70 people came and stayed for both sets – athens has a strange law that keeps a smoking ban until 11:00 pm, i could really tell the difference during our second set. i got to talk to a good amount of people afterwards, including bari, the owner of the club. she's very nice- we talked politics – athens & atlanta are the only liberal spots in georgia, and they're far outnumbered by the conservatives -basically it seemed like all the people that worked at the club were really into what we were doing, which gives me a good feeling for coming down again – we got out of the place around 1and went back to friend john's place. slept in late in the morning, then went for breakfast at the grit – apparently a famous vegetarian joint – i had some really good gumbo with dumplings….
- Shelton Lonberg-Holm Rosaly : Resounder
- Steel Bridge Trio : Different Clocks
- Henry Kaiser and Ray Russell: the Celestial Squid
- Broken Trap Ensemble: Upés
- Ton Trio II: On and On
- Fred Lonberg-Holm's Fast Citizens: Gather
- Stratic: self titled
- Nordeson Shelton: Incline
- Arrive: There Was…
- Cylinder: Shelton Johnston Mezzacappa Nordeson
- Aram Shelton Quartet: These Times
- Aram Shelton's Fast Citizens: Two Cities
- Ton Trio: The Way
- Dragons 1976: Dragons 1976
- Flockterkit
- Son of Gunnar, Ton of Shel
- Keefe Jackson's Fast Citizens: Ready Everyday
- Aram Shelton's Arrive
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Engagement rings for sale online
Jewelry rings for women
In order to ease the burden on your finances, here are some cheap engagement rings for women at affordable prices. With these, you can buy "the ring" for your woman. Don't fret about it when these are cheaper than other diamond rings, it's the thought that counts.
Sterling Silver Ring Round Cubic Zirconia Engagement Wedding Ring
This ring i
Check this out on Amazon:
Amazon Price: $150.00 $59.99 Buy Now
(price as of Apr 7, 2013)
His and Hers Heart Sterling Engagement Wedding Ring
This one is currently priced at $68.11, well under 100 dollars. This engagement ring is known for its durability, strength, and toughness. Despite this "masculine" features, it still is very beautiful to look at, it has all the features of an amazing engagement ring – sparkly, clear, and shiny. This jewelry would be one perfect choice to present to your fiancé it you are on a tight budget. The ring is decorated with zirconium stones and polished to give it its high quality look, and it has a authenticity grade of 0.925.
Vintage Style Zirconia Engagement Wedding Ring
While most ring sets are styled in modern look, this one has a vintage style that makes it classy looking. On the ring's mount adorn three beautiful zirconia stones complemented with a solid sterling silver band which is heavily plated in order for it to be protected from rust and tarnishes. This is one of the most affordable engagement rings that you can give to the woman that you love.
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(price as of Apr 7, 2013)
Edwin Earls White Gold Engagement Wedding Ring
One of th
With a 0.925 authenticity, this one has quality stones which are guaranteed not to lose th
These are just some of the cheapest engagement rings for women on sale online at prices under $100 dollar each. Buying one will surely make the woman of your life happy.


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CENTRAL BANK OF INDIA RTGS HO Branch in BANGALORE - Address, IFSC, MICR Code
CBIN0283585MICR Code
"SRI SKANDA COMPLEX""F"" CROSS ABBIGERE MAIN ROAD DIST- BANGALORE KARNATAKA-560090"City
BANGALORE URBANState
What is IFSC Code of CENTRAL BANK OF INDIA situated at ABBIGERE- RTGS-HO?
IFSC Code of CENTRAL BANK OF INDIA situated at ABBIGERE - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
founding by Gurdjieff
Rejoined by some followers, Gurdjieff established the Institute for the Harmonious Development of Man in 1919 at Tiflis (now Tbilisi), Georgia; it was reestablished at Fontainebleau, France, in 1922. Its members, many from prominent backgrounds, lived a virtually monastic life, except for a few banquets, at which Gurdjieff would engage in probing dialogue and at which his writings were read....


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Skokie Valley Agudath Jacob Synagogue
Welcome to a community with a vision!
SVAJ is a Modern Orthodox congregation with a firm commitment to halakha (Jewish law), a spirit of inclusion and ahavat achim v'achot (love of fellow person), and a strong belief in the intellectual discussion of Torah and Jewish texts.
The JUF News recently identified SVAJ with this headline: "A shul flourishes through its 'Big Tent' model." We invite you to join us in a "tent" that offers each of us an opportunity to express the vitality and enthusiasm that defines us as Jews.
New weekly learning session in HEBREW with Yisrael Tsadok!
Tue, 6 December 2016 6 Kislev 5777


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Latest Stories
Resident Evil, Final Fantasy Collectibles0 Comments
February 19, 2010
Bleach: Heat The Soul 3 Hands-on0 Comments
August 1, 2006
Eighting's latest fighter completes the PSP trilogy.
Help us solve the toughest (or most puzzling) game puzzles and challenges.
Our attempt to answer issues which most commonly occur on IGN's wikis.
About This Game
- Summary
- Specifications
- Features
- Game Editions
Sony Computer Entertainment brings Japanese PSP owners the third entry in its Bleach: Heat the Soul fighting series. Based off one of Japan's most popular animated shows, part 3 seems to take things to the extreme with a cast of 33 fighters!
Release Date: Japan only
Genre: Fighting
Publisher: Sony Computer Entertainment
Developer: Eighting
- Supported Functions
- Number Of Players: 1-2
- Local - VS # of Players
- Multi-cartridge Multiplayer
- Soul Road: Relationships with partners can be improved with battles and talking with them
- Mission Battle: Scenes in the animation series are recreated
- Soul Vs: This utilizes the wireless LAN function (Ad Hoc mode)
- Vs CPU: Face off against the computer
- Urahara Shop: Mode where extra elements like hidden characters and rare images can be assessed
Bleach: Heat the Soul 3Release Date: July 20, 2006MSRP: 5040 JPY
Bleach: Heat the Soul 3Publisher: Sony Computer EntertainmentRelease Date: Japan only