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August 18, 1992
TYRONE MOZELLE, APPELLANTv.UNITED STATES, APPELLEE
Appeal from the Superior Court of the District of Columbia; (Hon. John R. Hess, Trial Judge)
Before Ferren and King, Associate Judges, and Belson, Senior Judge.
BELSON, Senior Judge: A jury found Tyrone Mozelle guilty of distribution of cocaine in violation of the District of Columbia Uniform Controlled Substances Act, D.C. Code § 33-541 (a)(1) (1988 Repl.). The trial Judge sentenced Mozelle to a period of incarceration of five to fifteen years, with a mandatory minimum term of twenty months. On appeal, Mozelle contends that the trial court (1) abused its discretion in denying his post-trial motion for a new trial based on alleged juror bias, and (2) denied him an adequate opportunity to prove eligibility for alternative sentencing under the "addict exception," D.C. Code § 33-541 (c)(2). Because the trial court did not err in denying Mozelle's motion for a new trial, and because the trial Judge acted well within his discretion in reaching his determination not to apply the addict exception, we affirm.
After the verdict had been entered, a defense witness told Mozelle that he had recognized one of the jurors. Mozelle moved for a new trial on the ground that the juror's deliberate failure to disclose this information at trial deprived Mozelle of a fair and impartial jury. The trial court promptly held a post-trial hearing on the motion at which the juror and the witness testified.
The evidence presented at the post-trial hearing showed that two years earlier, the witness lived in an apartment house in which the juror's gospel singing group rehearsed from time to time. The witness had come to a few rehearsals and wanted to join the group, but his voice was not up to par. The trial court found that the juror's nondisclosure of this information was inadvertent and that no prejudice to Mozelle resulted from the juror's acquaintance with the witness.
The Sixth Amendment requires diligent scrutiny to protect a defendant from juror bias. Artisst v. United States, 554 A.2d 327, 331 (D.C. 1989). When a defendant alleges juror bias after trial, the trial court must hold "a hearing 'in which the defendant has the opportunity to prove actual bias.'" Id. at 330 (quoting Shannon & Luchs Management Co. v. Roberts, 447 A.2d 37, 41 (D.C. 1982)). If the court finds actual prejudice, the appropriate remedy is a new trial. Id.
Here, the trial court properly conducted a prompt hearing upon Mozelle's allegation of juror bias. During the hearing, Mozelle had ample opportunity to show prejudice, but failed to persuade the court. Thus, we find that the trial court did not abuse its discretion in denying Mozelle's motion for a new trial.
The crime for which Mozelle was convicted carries a mandatory minimum sentence of twenty months. D.C. Code § 33-541 (c)(1)(B) (1988 Repl.). Mozelle sought to avoid the mandatory minimum by invoking the "addict exception," D.C. Code § 33-541 (c)(2). That provision grants the trial Judge discretion to waive the mandatory minimum sentence for a defendant who shows that (1) he was an addict at the time of the offense, (2) his primary purpose for commission of the offense was to obtain drugs he required for his personal use because of his addiction, and (3) he has no prior convictions of specified drug offenses. Dupree v. United States, 583 A.2d 1000, 1002 (D.C. 1990); Grant v. United States, 509 A.2d 1147, 1154 (D.C. 1986).
In the present case, Mozelle had no disqualifying convictions, and the trial Judge was willing to assume he was an addict. However, the Judge indicated that, on the basis of information set forth in the presentence report, *fn1 he was disinclined to apply the addict exception. Thus, it was pointless to grant Mozelle's request to continue sentencing in order to give Mozelle time to develop an alternative sentencing proposal contemplating application of the exception. Sentencing was continued for about six weeks for another reason, however, viz., to permit counsel to determine the veracity of Mozelle's denial that he had committed one of the offenses upon which sentencing enhancement was to be based. At the continued sentencing hearing, Mozelle made no proffer concerning the addict exception or any alternative sentencing plan.
A trial Judge retains discretion whether or not to waive the mandatory minimum sentence even when the defendant establishes that he meets the addict exception's requirements. The pertinent section of the District of Columbia Code provides that "the court may, in its discretion, waive the mandatory-minimum sentencing provisions" if the defendant qualifies for the addict exception. D.C. Code § 33-541 (c)(2) (emphasis added). In Grant, we stated that the "appropriate sentence" for a defendant who qualifies for the addict exception "rests within the sound discretion of the trial Judge." Grant, supra, 509 A.2d at 1154. We recently reiterated this point in Stroman v. United States, 606 A.2d 767 (D.C. 1992). It is within the trial Judge's discretion to choose not to waive the mandatory minimum sentence even where the statute permits waiver.
Mozelle argues that, even though the trial Judge decided not to waive the mandatory minimum sentence on the basis of information he learned from the presentence report, the Judge was nevertheless obliged to consider something further -- a proffer or testimony regarding a treatment plan which would have tended to show Mozelle's eligibility and suitability for the addict exception. Mozelle relies on our statement in Grant that "the defendant must be given a fair opportunity to demonstrate his eligibility and to persuade the Judge that his addiction and offense make inappropriate imposition of the mandatory minimum sentence. This opportunity will generally be afforded when a defendant submits a proposal for sentencing under the addict exception." Grant, supra, 509 A.2d at 1155.
We find this argument without merit. A sentencing Judge has broad discretion concerning what to allow to be presented at sentencing. See Caldwell v. United States, 595 A.2d 961, 966 (D.C. 1991); Johnson v. United States, 508 A.2d 910, 911 (D.C. 1985); William s v. United States, 427 A.2d 901, 904 (D.C. 1980), cert. denied, 450 U.S. 1043 (1981); Super. Ct. Crim. R. 32. Where, as here, a Judge does not proceed with an addict exception hearing because he has determined from the presentence report that he will implement the mandatory minimum sentence, there is no abuse of discretion. This is true even assuming that the appellant is eligible for the exception and can produce an alternative sentencing plan. *fn2 As we stated in Grant, " hearing may be unnecessary when the trial Judge finds reliable information in the presentencing report of a defendant's eligibility or his unlikely prospects for rehabilitation . . . ." Grant, supra, 509 A.2d at 1155. All that is required is that the trial Judge "make his determination of a defendant's eligibility under the addict exception on the basis of reliable information and appropriate considerations." Id. (citations omitted). Whether or not information is "reliable" is a factual determination which we cannot disturb unless plainly wrong or without evidence to support it. D.C. Code § 17-305 (a) (1989 Repl.).
Here, the trial Judge decided not to invoke the addict exception based on information in the presentence report. Because the presentence report is not part of the record, we do not know what negative information dissuaded the Judge from applying the exception. We do know that Mozelle did not challenge the accuracy of the report. Thus, we cannot say that reliance on the presentence report was either plainly wrong or without supporting evidence. Under the circumstances, the Judge's refusal to continue sentencing in order to give Mozelle time to develop an alternative sentencing proposal that contemplated application of the exception cannot be held to constitute an abuse of discretion. Accordingly, the judgment of the trial court is
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Save The Date Posters
Custom city skyline for save the date poster by TypeandLovePaperie
Loving this custom city skyline for save the date poster by TypeandLovePaperie, $135.00
Originally envisioned as gold metallic on white, designer Wes Kull's Art Deco inspired Save-the-Date poster for Gatsby-, Hemingway-, and Radiohead-lovers Julee and Dave looks just as striking on all the other paper stocks with which he experimented . — KELLY CREE
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Roll up and send save the date posters in mailing tubes. by june

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Desert Fox wrote:acrossthelake wrote:Desert Fox wrote:
Firm jobs for non IP non URM 1Ls are mostly a flame. But even if you get one, they usually don't last far into August. If OP aims for Aug. 3rd, 2013 he'd be safe even if he got the firm thing. Might have to have a short honeymoon to be back for OCI though.
August 3rd is the safest weekend I can think of.
If OP tells us when his OCI is, we might be able to do better.
If his OCI is a little later than ours, then the next weekend is actually probably safer. If I were to theoretically get married this summer, this year's Aug 3rd equivalent would only sorta kinda work since our EIP is so early and my job requires 10 weeks. But for most schools and most jobs it should be fine.


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Sexton Sexton & Kazee Oneida, TN Location
Sexton Sexton & Kazee - Law Office in Oneida: Law Firms, Lawyers, & Attorneys
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Sexton Sexton & Kazee - Oneida, TNCongratulations! You have successfully navigated through our Law Office section to find a Oneida, TN Law Office or Lawyers information!
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PO Box 4187 Oneida, TN 37841-4187
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- Phone: (423) 569-8341
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Cat Places Third in Virginia Senate Race
You might take the democratic process very seriously, but not everybody is on your side. Specifically the 6,000 or so people who wrote in a cat for US Senator of Virginia. The cat came in third place.
You might take the democratic process very seriously, but not everybody is on your side. Specifically the 6,000 or so people who wrote in a cat for US Senator of Virginia. The cat came in third place.
It's crazy how presidents have changed, especially when you consider they've only been around for just under 200 years. Watch the transformation from George Washington all the way to Barack Obama .
Young Jeezy dropped his second celebratory track for President Barack Obama yesterday when 'We Done It Again' hit the internet. Mariah Carey also released a song for Obama called 'Bring It On Home' and both are here for you to check out.
Whoever you were rooting for, we can all agree that election night was pretty stressful.
As you've no doubt heard, Barack Obama was elected to a second presidential term last night. We have a feeling he's feeling like this right now:
Last night was the end of a very long, bitterly fought Presidential election. In the end President Barack Obama edged out Mitt Romney to serve our country for four more years. When that became obvious, it was time for both men to address the nation and here's what they had to say.
Following a win in the state of Ohio, Barack Obama is being projected as the winner of the 2012 presidential race. To celebrate, Obama tweeted the above photo of himself embracing Michelle with the words, "Four more years."
2012 is a big year in terms of politics. There are proposals, questions about tax, local law enforcements, the legalization of Marijuana, local offices, and of course the all important Presidential elections.
Voting in a presidential election is pretty exciting. And, these days, when we do something exciting we want to tell the world about it through social network sites like Twitter, Facebook and Instagram.
But while there may be a temptation to take a photo of your completed ballot and post it on the internet with pride, it's not a very good idea. In fact in states like Wisconsin it's a felony to let anybody else see your ballot or a photo of your ballot.


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decided: May 19, 1980.
TOWNSHIP OF HEIDELBERGv.C & H DEVELOPMENT COMPANY, INC. AND TITAN HOMES, INC. C & H DEVELOPMENT COMPANY, INC., APPELLANT
Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Township of Heidelberg v. C & H Development Company, Inc., No. 17, September Term, 1974.
B. Ryland Wiggs, for appellant.
Charles W. Stopp, Steckel and Stopp, for appellee.
Judges Mencer, Rogers and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail.
[ 51 Pa. Commw. Page 419]
In November of 1974, the Township of Heidelberg (Township) filed a complaint in equity against C & H Development Company, Inc. (Appellant) seeking to enjoin Appellant from developing certain lots on its real estate located in the Township. The Court of Common Pleas of Lehigh County entered a temporary injunction and fixed a date for a hearing to determine whether the injunction should be made permanent. Prior to the date fixed for a hearing the parties petitioned the court for an "agreed order" which continued the temporary injunction.
In 1976 the Township filed a petition for a contempt citation against Appellant alleging that Appellant was violating the terms of the temporary injunction. After a hearing, that petition was denied. On October 4 of 1976, the parties filed a stipulation of counsel pursuant to which the court entered an order, the language of which is the subject of the present
[ 51 Pa. Commw. Page 420]
appeal. The stipulation and order continued the temporary injunction with some modification and then provided as follows:
3. The parties agree that the parties hereto, or any other parties are not limited or prejudiced as to seeking such further judicial relief as the parties may agree or as the parties may initiate by proper application to the court.
The Complaint in Equity, and the within stipulation and the parties hereto, shall continue to be subject to the jurisdiction and authority of the court. (Emphasis added.)
In January of 1978, Appellant obtained a rule to show cause why it should not be permitted to file a responsive pleading to the Township's complaint. On April 19, 1978, that rule was denied by the trial court. No appeal was taken from that order.
In May of 1978, Appellant filed a motion to dissolve the temporary injunction embodied in the stipulation and order of October 4, 1976 and again asked to be allowed to file a responsive pleading to the Township's complaint. After a hearing, that motion was likewise denied. It is from that order that the instant appeal has been taken.
Pa. R.C.P. No. 1531(c) provides that any party may move at any time to dissolve an injunction. Our Supreme Court has said that a court may vacate, modify or dissolve an injunction (a) if, in its discretion, judicially exercised, it believes the ends of justice would be served by modification; (b) when the law, common or statutory, has changed, been modified or extended; or (c) when there is a change in the controlling facts on which the injunction rested. Ladner v. Siegel, 298 Pa. 487, 148 A. 699 (1930). The trial court found no change in the law or the controlling facts in the instant case and, in the exercise of its discretion, found that the ends of justice would not be
[ 51 Pa. Commw. Page 421]
served by a modification or dissolution of the injunction.
With respect to Appellant's request for leave to file a responsive pleading, the Chancellor held that a motion to dissolve an injunction was similar to a motion to open a default judgment and, that if sufficient grounds were not shown to justify dissolution of the injunction, the Appellant should not be entitled to file a responsive pleading. In the absence of the stipulation of counsel in the instant case, we would not hesitate to affirm the trial court. The only issue for us to resolve is whether the language in that stipulation preserved the Appellant's right to file responsive pleadings if it could not reach an agreement with the Township.
The Township argues that Appellant has not been barred from "further judicial relief" by the trial court's orders. Rather, it argues that the court has simply determined that Appellant has not shown that it was entitled to the judicial relief it sought. Appellant argues that the language was inserted in the stipulation to enable it to litigate the case in the normal way in the event the parties could not resolve their differences by mutual agreement. Appellant also contends that it has never had its day in court and that at the very least it is entitled to have an opportunity to litigate the factual issues raised in Township's complaint.
Admittedly, the language in the stipulation is susceptible to either conclusion. However, we are inclined to agree that Appellant would not knowingly forever foreclose its right to develop its land in the absence of an agreement with the Township. It seems to us that equitable considerations here require that the Appellant be given the opportunity to plead its case. Certainly no harm will come to the Township since the temporary injunction will not be disturbed until a final decree is entered.
[ 51 Pa. Commw. Page 422]
And Now, this 19th day of May, 1980, it is ordered that that part of the order of the Court of Common Pleas of Lehigh County, entered March 6, 1979, which denies to C & H Development Company, Inc. the opportunity to file a responsive pleading to the complaint in equity of the Township of Heidelberg is reversed, but that part of the said court order which denies the dissolution of the temporary injunction is affirmed pending the entry of a final decree.
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Is this a French restaurant?
Is this primarily a coffee shop?
Is this restaurant good for dining on a budget?
Is this restaurant good for brunch?
Is this restaurant good for breakfast?
Is this restaurant good for lunch?
Does this restaurant offer free wifi?
Does this restaurant offer delivery?
Does this restaurant accept reservations?
Is this restaurant good for dinner?
Thanks for helping!
Great assortment of pastries and quiche at breakfast. Yummy! Indoor and outdoor seating. Lunch menu available.
Friendly staff, excellent selection of fresh pastries and sandwiches. A good place to meet family and friends. Open early in the am.
Need a drink , and this is about the only coffee shop in the town , its ok fresh coffee and cakes etc but top prices still it is Boca Grande and its own by the hotel
Was in town with a few girlfriends. Wanted something sweet. When we popped in we expected more. Not much of a selection.
A small cozy coffee shop serving a variety of pastries perfect for a quick bite. They don't have a huge selection but what they have seems fresh.
I had breakfast here two mornings during my stay on the island (dining options are very limited here). In both cases I ordered the quiche (cheese one day, ham and cheese the next)...
Stopped in here one morning to see what they had. Left with enough bakery items for breakfast for a couple of days. Everything was very good but only problem is that we ate everything way befor couple of days were up.
The egg salad on croissant is excellent and so is the service. The pastries are always tempting too. This is a good place to have food to go or eat inside/out.
We have been coming here years and always enjoyed their banana loaf cake but shock horror... We returned this year and they have replaced it with some banana and choc chip cake, no where near as good, banana muffin - not as good either, shame ! Worth a visit but please bring back the banana cake, it was the best...
We just arrived on Boca Grande and had to stop for a coffee....wow, am I glad we stumbled across the Inn Bakery!
This is the same coffee that is custom roasted and served at the world famous Gasparilla Inn just around the corner. The Bakery is owned by the Inn.
Although we couldn't indulge in any of the baking (gluten...
Exquisite bakery items, coffees and fruit smoothies. Don't let the lines turn you away, service is fast and you can opt for inside or patio dining. Lunch items offered, too.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.
why are the employees/cashiers so rude ? and does the management ever notice how dirty the floors are ?
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DC Legends of Tomorrow S01E16
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Plot: After the numerous sacrifices the team has made since the beginning of this ride, Rip decides that it's time they each decide their own destiny and returns them to Central City a few months after they first left. Returned to their normal lives, each team member must individually decide if they are willing to sacrifice everything in order to save the world. Meanwhile, Sara visits with her father who delivers some heartbreaking news about her sister.
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I'm trying to find out some background and history of an anti-fascist symbol, ie, who created it, when, and in what context, and if it is still used by any person, group, or movement. The symbol is t
I'm trying to find out where I can find the government notes for the laying out of townships (establishing townships) as per the federal ordinace of 1830 for Delaware County, Indiana. This is for a Land Surveying company in Muncie, Delaware County, Indiana and we've tried the Delaware County Building which holds the Auditors Office, Recorders Office, and the County Surveyors Office, but to no avail. Please help if you can, if not, I understand. Thanks!
Question? : There was a Polish composer who wrote a piece that served as an elegy to a mentor of his - another composer - who was killed by an avalanche while skiing. I'm looking for the name of the composer (not the one who was killed) and the name of the piece.(submitted May 19, 2005)
I'm looking for alternative travel guides to New Orleans. Alternative as in not Fodor's, not Lonely Planet, etc. Online only is fine.
I am currently doing a project on the influence of the punk band Crass on the music, politics and sub-culutures of the last 20-25 years. I would greatly appreciate it if some one there could write me a few lines saying what , if any, influence anarcho-punk, Crass, Conflict, Flux of Pink Indians, Dead Kennardys etc.
Question? : Where can i find more information about the Great Railway Strike of 1877? Specifically information that deals with Baltimore and the racial dynamics of the strikers and rioters. Thank you
What is the percentage of African Americans living in public housing? Do you know of a good book that illustrates the Reagan Era and its effects in communities of color (employment, housing, criminali
Question? : I'm looking for information about "blind
I was wondering if there are any books or websites that offer analyses of addiction issues in a more radical context as opposed to the more traditional, "psych 101" genre?
The GENOGRAPHIC project, organized as a research partnership of National Geographic and IBM, proposes to explore the migratory history of man by analysing mutation patterns in mitichondrial DNA and the Y chromosome. The focus will be on indigenous populations, but individuals from the general public are invited to participate by anonymously submitting two samples of DNA (buccal swabs) and a fee of $100. Some of us are torn between interest in the project and concern that this vast collection of diverse genetic material may be used in other applications (for instance, the establishment of a genetic research bank using the spare second sample...). Any insights, advice, reassurances or caveats from someone more fully acquainted with this would be much appreciated.


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The Norm Classics by Michael Jantze
- November 09, 2011
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Yes, it's a bit awkward, but just be yourself, Norm. She obviously likes that already.
He was a bad dog.
There was a Gary Larson Far Side with a dog in hell. Someone asked "what did he do to get here?" The response was "Dunno, Guess he was a bad dog".
That's what I wanted to know to.
You feed 'em, you take care of them, you raise 'em up to be good dogs one day, and then WHAM! Next thing you know he's running with a wild pack, involved in car chases, and gets locked up on a tire heist! What is this world coming to? It's going to the dogs, that's what! Grrrr! :-D
I'm thinking it may have involved some intimate licking. As in "Why does a dog lick his…?"
Dog just blew the perfect romantic atmosphere (never mind how) — Good Dog!
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Science, Technology, Engineering & Math | News
Florida's Department of Education has awarded Florida State University's (FSU) STEM research center $14.3 million in new grants to build a professional development program for teachers and build up the state's online collection of science, technology, engineering and math curriculum resources.
The university's Florida Center for Research in Science, Technology, Engineering and Mathematics (FCR–STEM) is working with other university and education partners to create FCR–STEMLearn, a program that will produce two-week teacher summer institutes. The goal of those sessions, said Rabieh Razzouk, FCR–STEM's acting director, is to boost teach teachers' understanding of math and science and help them develop lesson study teams at their schools to teach "challenging courses in these critical fields." In lesson study teams groups of three to six teachers in a school or district work together to determine goals, create lesson plans to reach those goals, and collaborate to refine their teaching effectiveness.
FCR-STEMLearn will also offer follow-up support to teachers during the school year and generate new instructional resources to be made available on CPALMS. CPALMS — for collaborate, plan, align, learn, motivate and share — is a public Web site containing free curriculum and other digital materials to help teachers implement Florida's state education standards.
During the summer training, participants will work with scientists and mathematicians in Florida State's College of Arts and Sciences to improve their content knowledge. Then they'll work with each other to develop model lessons that can be shared with math and science teachers statewide via the CPALMS portal.
"This combination — enhanced knowledge and curriculum development — is a key strength of FCR–STEMLearn," Razzouk said. "Teachers not only learn more about their subject but also come away with lesson plans they can use to bring that new knowledge into the classroom to help their students learn."
"More Florida students are enrolled in STEM courses than ever before," said Florida Commissioner of Education Pam Stewart. "It is critical that we provide teachers the high-quality support and training they need to ensure students leave our schools with math and science skills that will help them obtain well-paying and much needed careers. I am pleased that the Department of Education and FSU can offer these tools and resources to help teachers give their students the best chance at success in college, career and life."
"Teachers typically work alone, and this can limit their growth and development," Razzouk said. "Collaboration through lesson study teams ends this isolation and brings teachers together to address common concerns, to share best practices and to work toward continuous improvement."
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In 2013, just one year after becoming the first school in South Florida to issue iPads to every student as part of its 1:1 initiative, Archbishop McCarthy began evaluating new learning management systems to replace the LMS used by the school for a decade. Principal Richard P. Jean said the school's primary goal was to find a modern LMS that paired well with iPads and that enabled students to "get the most" from the 1:1 initiative in high school and beyond.
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
managed care organizations use to reduce unnecessary utilizations? Which ones do you think are more effective?
After food, shelter and clothing, health services are a major human need. With the rapid evolution of the human civilization, and the increasing health awareness among the masses, the demands for health care services are increases. On the parallel end, the health sector today operates on corporate lines and many health care service providers operate their organizations as a for profit organization. These organizations have similar objectives as any other corporate firm, which includes, maximizing profits, increasing market share, eliminating competition or maintaining competitive edge and covering costs. Most of these for profit health care service providers stand out from nonprofits health care service providers due to the fact that they offer services that are otherwise not offered by the nonprofits service providers. Most of these health services are expensive at cost therefore prices charged from patients are considerably high. Since customers, who in case of health care service providers are their patients, pay a significant sum of money, they look for value for money and quality. Failure to satisfy customers might result in losing customers to competing health care service providers.
In free market economic systems, where production activities are dominated by the private sector, it is inevitable to curtail the temptation of the profit motives of private health care services provider. Although in many cases, private health care service does provide efficient and quality services, the prices they charge are out of the purchasing power of most consumers. This is mainly because the cost and capital incentive nature of health cares organizations, which forces the producers to charge higher prices in order to cover their costs and generate profits. Ironically, unlike most other goods and services, health care is need where consumers have little choice. Since contribution to the society is considered to be an important contributor to the success of any nature of organizations, managed care organizations emerged. The primary focus of managed care organizations is to control the organizations costs, using various techniques, and bring in greater cost efficiency and cost control, such that the burden of prices can be reduced on the patients and the costs could be covered easily.
Certain mechanisms that managed care organizations use to reduce unnecessary utilization in order to bring in more cost efficiency involve the active market forces of demand and supply. Since health care sector is a competitive industry. One method used is a demand inducement method. This method involves physician generating higher consumer demand based on the fact that the patients are dependent on the physicians due to their unique information, knowledge and expertise in the field. This forces the patients to demand physician services. While the demand inducement method is not directly focused on cost management, it does arguably focus on greater revenue generation. Higher revenues and diverse services provided by a single physician will eventually result in cost efficiency due to increasing returns to scale. Having said that, the contention of many health care economists is the fact that while the mechanism is aimed at lowering costs and generating revenues through volume-based operations, physicians are in a capacity to exploit the edge they have over patients due to the unique service they provide. This questions the social welfare aspect of the health care service provided by managed care organizations.
Another approach to reduce utilization by employing demand side mechanism is the theory that physicians and their families tend to use fewer health care services as compared to people with non-medical backgrounds. This is because physicians, who are already exposed to and are in possession of medical knowledge, maintain their life styles on the lines of self-care theories and use preventive measures, which results in little need for using health care services for them. Thus resources conserved from being employed over physicians can be utilized towards the general public.
Supply side mechanisms to reduce utilization involve physicians to avoid prescribing unnecessary extra health care services to a patient. Many physicians, if capacity to provide more than one kind of service, are in a capacity to prescribe other services to the patients, regardless of its medical requirement, with the sole purpose of generating higher income. While it will in arguably generate higher income for the physician, the operational costs of the organization as a whole will go up. Therefore, in order to reduce utilization of resources, it is advisable that physicians avoid prescribing unnecessary services to the patients.
Another methodology given for unnecessary utilization is a Pay for Performance payment system. This system, in many ways is similar to the performance-based payment system used in many other organizations. Under this system, physicians are paid on the basis of the quality and efficiency of the services they provide rather than the volume of services they provide. This is a much more viable system due to its dual effects. The need to provide a quality service under this system will automatically induce greater demand with more consumers using health care services and thus greater revenues for both the physician and the organization. Likewise, the need to provide efficient services will result in greater cost controls thus bringing down average costs.
2. The text discusses three types of imperfectly competitive markets. Describe each one.
One key characteristic that differentiates Capitalist systems from the socialist ones is the existence of competition in the market. This level of competition may however be either perfect or imperfect. A perfectly competitive market is one where there are numerous buyers and sellers producing and demanding similar goods and services, with both the buyers and sellers having the complete knowledge about the goods and services on offer. In contrast to that in imperfectly competitive markets, there are fewer buyers and sellers producing a certain product, and more uniqueness and product differentiation exists. Moreover, the buyers generally do not have a complete and in depth knowledge of the goods and services on offer and of the market dynamics.
Since health care services involve each physician and each health care organization offering a certain degree of unique service, with patients having little knowledge and expertise about the service and the health care markets, the health care service sector is categorized as an imperfectly competitive sector. The three major types of imperfect competition that exist in health care markets are Oligopoly, Monopoly and Monopolistic Competition.
Monopoly, as the name suggests, refers to a market setting where a single producer offers a certain unique service with no competition in place. For example in a certain geographical region, if there is only one physician and organization offering services for heart transplant, that physician and/or organization will be enjoying a monopoly in the said region. Since monopoly allows the producer an immense power to influence the market being the only service provider, it can be an issue of concern in health care industry as health care service providers may exploit their patients and charge higher prices by exploiting lack of substitute service available.
In an Oligopoly, there are a few producers that produce a certain good or service. Due to low number of service providers, each producer remains in position to influence the decision of the other producer. While Oligopoly is a better situation than monopoly as consumers still have a choice available, however, Oligopoly still has a potential to generate cartelization by the producers that would result a situation similar to a monopoly and thus consumers will remain at the suffering end.
Monopolistic Competition is a more hybrid situation with characteristics that do not completely fit either the perfectly competitive market or the monopoly. Under such a situation, there is a number of producers producing a similar good or service which makes it similar to a perfectly competitive market. However, each of the good or service on offer is highly differentiated, which results in lesser degree of substitution thus making the service unique in its own way and creating monopoly like situation.
3. Discuss the reasons, outlined in the book, why we should encourage or discourage the growth of for-profits in the health care provider market.
As the term suggests, a for-profit organization would be operating with the aim of profit maximization in contrast to non-profit organizations. This means that for profit organizations would be focusing on lower costs, lower capital investments and higher profits. Based on these characteristics, health care economist discourages the dominance of for-profit organizations in the health care sector. This is because such service providers tend to under produce the service and over charge the service in order to inflate their levels of profits.
Contrary to that, non-profit organizations work with a greater sense of social welfare and provide greater quality service. The management is done in a way that lowers administrative costs. Moreover, non-profit organizations promote strong trust-based relationships with the patients and have a strong sense of commitment at the communal level. An added advantage that non-profit organizations enjoy over for profit ones is the financial incentive…[continue]
"Healthcare Economics" (2011, December 02) Retrieved December 11, 2016, from http://www.paperdue.com/essay/healthcare-economics-115974
"Healthcare Economics" 02 December 2011. Web.11 December. 2016. <http://www.paperdue.com/essay/healthcare-economics-115974>
"Healthcare Economics", 02 December 2011, Accessed.11 December. 2016, http://www.paperdue.com/essay/healthcare-economics-115974
Health Care Economics In economics, cost-benefit analysis assists in evaluating the costs of an approach in terms of resources spent while cost-effective analysis evaluates the costs as achieving some sort of benefit which is not evaluated in monetary terms. Moreover, cost-benefit study examines several aspects including net-present value, present value of benefit, and present value of costs; in line with this, if a project indicates that the monetary outcome is greater
Health Care Economics Medical Care is never free, although the individual may pay nothing? Medical Care is both a commodity and a service. The process of consuming medical care has a cost, even if the after insurance price is zero to the consumer. For instance, there are hard costs that include the buildings, equipment and supplies that house the medical care or office. There are the wages that are paid for the
Health INS Healthcare Econ During the ten-year period ending with 2009, the administrative costs and the profits of health insurance companies rose slower than other healthcare costs and came to represent an ever-shrinking proportion of healthcare premiums. Much of the increase in administrative costs can be ascribed to inflation, especially during the years prior to the recent recession, and ongoing expansions of healthcare coverage and legislation during the period also required some
This is being done by disseminating and using practice guidelines for various medical conditions and by profiling individual physicians' provision rates. Demand side cost sharing is where patients must contribute more to their healthcare by paying more in copayments and deductibles. One recent advance in health care financing is the health savings account (HSA). These plans rely heavily on patient cost-sharing. An HSA basically provides health insurance along with a
Besides the health care has strong externality influences than that of other goods and services. The cost of caring a sick person may entail heavy financial burden on the patient's family. In the real world markets for other goods and services tends to approach towards market perfection that assumes a strict set of conditions such as, perfect information, several sellers and buyers, a uniform type of product and freedom to
Cost analysis methods, 2011, U.S. National Library of Medicine). This will give a picture of the efficacy of the drug, its financial costs, its impact upon society, and impact upon the patient. When a drug is new, data must first be accrued on the drug itself before it can be compared with similar treatments. What type of economic evaluation should be used when comparing outcomes and costs of two diabetes
health care economics. Terms: Quality, resources cost. Quality, resources and costing health care The modern day health care providers are subjected to incremental pressures. They are for instance required to best respond to the changing health care issues of the contemporaneous population, to the growing demands and expectations of the stakeholders -- patients, partners, the public, governmental and non-governmental agencies and so on (Wolper, 2004) -- and to do all of


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Distances are calculated in a straight line and may not reflect actual travel distance.
It is important to note that this mortgage calculator is for guidance purposes only. Mortgage lenders have their own affordability criteria therefore it is important you speak to one of our Mortgage Advisers for further information and a more accurate indication of what products may be available to you and what your monthly mortgage payments are likely to be.
A well presented semi-detached house benefitting from double glazing and gas central heating. The accommodation in brief comprises: entrance hallway, lounge, kitchen/diner, three bedrooms, family bathroom. Externally the property benefits from front and rear gardens. Internal viewing is highly recommended.
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Anchorsong, North of X, & AudleyToday
A cinematic journey that combines live performance with original film and original electronic music. The music is inspired, and in part made from the sounds of the machines.
'Gold' at BSMT SPACE gallery in Dalston15/12/2016
This 4 day splash exhibition will feature a variety of work by Urban & Contemporary artists, selected to feature this precious metal in all its glory, some of whom will be making a debut at BSMT SPACE.
Andy Smith's (Ex Portishead) NYE Boombox @ The Horse and Groom31/12/2016
One floor hosted by Andy Smith (Ex Portishead) w/ his Boombox party the other floor while upstairs hosted by the Fancy Dress Society with a huge décor transformation. The finest house, disco & party!
Jizzy Pearl/Love/Hate19/03/2017
Plus Bulletproof Rose and Emperors Of The Wasteland. Sunday 19th March. Doors 6:00pm. Tickets £15.00 advance.
5k Zombie Survival Run - Inflatable Obstacle Course01/07/2017
The ultimate thrilling zombie 5k run is coming! You need to survive not only our crazy 5k inflatable obstacle course but at the same time, evade the Zombie apocalypse on the way to the finish line!


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Event Archive - Jon and Roy, Maurice, Georgia Murray
Fri. April 15th 2011 9pm - 1am doors at 8pm @ 919 (Vicfest launch - playing 3 songs) (No Minors) 9pm - 1am doors at 8pm
Jon and Roy (folk, roots, acoustic, reggae)
Jon and Roy went searching for something intangible on their fourth recording, Let it Go. Suffice it to say, they found it. Freedom — from artistic constraints, from audience expectations — became a recurring theme for the duo during the creation of Let it Go. If there was one rule for longtime friends and collaborators Jon Middleton (gui... more info
Audio: Boon Elm, Any Day Now, Come AgainArticles: Roy Vizer from Jon & Roy – Interview
Sometimes from bad luck or circumstance amazing opportunities and transformations can arrise. This is much the case for Maurice. From major label signings and lofty expectations to tamult and shattered dreams out of mishandled potential and naivety, Jean-Paul Maurice was able to pick up the pieces of a misdirected career path and a dysfunctional re... more info[Upload Show Photos] // [Add Video] // [Upload Poster]


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Econo Lodge Wormleysburg: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Harrisburg, United States.
Econo Lodge Wormleysburg provides a comfortable setting when in Harrisburg. It also offers a wake-up service.
Hotel description
The rooms at Econo Lodge have a radio, a telephone and a refrigerator. A fax machine, ironing facilities and cable/satellite channels are also provided.
The hotel provides breakfast every morning, and has a lounge bar where guests can unwind with a drink. Each evening, guests are able to relax in the cosy lounge bar.
Econo Lodge Wormleysburg has easy access to Metro Bank Park and Pennsylvania State Capitol. Within a 20-minute car ride away, Harrisburg International Airport is within easy reach.
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300 Commerce Dr., Harrisburg
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Bad Boy Furniture Solid Gold Protection Plan Reviews
We purchased the sofa and love seat on July 13, 2013 4005 SOFA (Sofas - Stationary) SKU#: 096834 4005 LOVESEAT (Loveseats - Stationary) SKU#: 096835 We also purchased Bad Boy Solid Gold protection plan. The material has started to crack on the arms and seat cushions. Also stitching on one of the arms on the love seat is coming apart. On Jan 18th I contacted Zucora and opened a case for the cracking. On Jan 25th I received an e-mail from them...Read more
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With the unveiling of iOS 6 expected in just a matter of days, designer Joost van der Ree has created a very interesting iOS 6 concept video that shows some features that would be downright awesome if Apple chose to include them in the sixth version of their mobile platform for iPhone, iPod touch, and iPad. The designer shows off a number of solutions that would improve the functionality of iOS, including Mission Control for enhanced multitasking:
With a quick swipe from the bottom upwards, a vertically scrollable window with preview images comes up displaying not just the app icons, but also the latest state of the app with a preview. When an app like Safari (or Articles, one which immediately came into my mind) offers multiple tabs, this "new" Mission Control also offers stack browsing through them (think of it as a small gallery view of all opened tabs) to select exactly the tab you want. Van der Ree also suggests a full-screen view in Safari, which is automatically activated when zooming in via double-tap.
The designer also shows off a concept called "Flipcons," which are a "gallery-like Springboard preview of app updates — mainly for news, social, or photography apps." When you flip over a "Flipcon," the latest content in that app is automatically revealed in an overlaid gallery. iOS 6 is expected to be previewed at the WWDC opening keynote next Monday in San Francisco, but it is expected to be limited to developers only until a public release is made in the Fall alongside the next-generation iPhone. The amazing concept video is just ahead.


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GREENVILLE, N.C. -- Bi-Lo here is celebrating Hispanic Heritage Month with an essay contest designed to motivate Hispanic high school seniors about their future.
Th contest -- themed "What is Your Dream?" -- consists of a 300-word essay that's due by Oct. 15. One winner from each of Bi-Lo's four regions will be announced Dec. 1. Each will receive a $1,000 scholarship.
"We want our customers to know that we recognize and appreciate all that Hispanics have brought to this country," Magaly Penn, Bi-Lo's senior director of diversity, told SN.
The promotion comes at a time when up to 20% of customers in some Bi-Lo locations are Hispanic, according to Penn. It is expected to reach more than 500 schools through advertisements in Hispanic publications and in-store materials. The contest is open to all high school seniors, not just those who are Hispanic.
Celebrated from Sept. 15 to Oct. 15, Hispanic Heritage Month recognizes the achievements of Spanish-speaking Americans. The celebration is timed to mark the independence day of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. Likewise, Mexico celebrates its anniversary of independence on Sept. 16; Chile, Sept. 18.
This is the second year that Bi-Lo has honored Hispanic Heritage Month. Last year, it ran a poster contest for high school students, Penn said.
The goal is to reward the achievements and help brighten the future of Hispanic students, said Joyce Smart, Bi-Lo's director of corporate communications.
"We want to celebrate the rich and proud culture of this community and help the next generation achieve their dreams and goals," Smart said in a statement.
In addition to the contest, Bi-Lo is displaying in-store posters that recognize several notable Hispanic Americans, including Jaime Escalante, an educator.
An integral part of the effort is promoting Hispanic American awareness among Bi-Lo associates. To accomplish this, the retailer is running an ongoing trivia contest designed to educate employees on Hispanic culture and life. Associates will also be treated to a Hispanic-themed luncheon.
"We feel it's important for our associates to be aware of the cultural richness of Hispanics," Penn said.
Bi-Lo/Bruno's operates over 400 stores in South Carolina, North Carolina, Georgia, Tennessee, Alabama, Florida and Mississippi.


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When in the story will be the break beween movies?
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Forums: Index > The Wizengamot archive > When in the story will be the break beween movies?
When in the storyline of Hallows where the first movie end? I think it will be after the battle of Malfoy Manor. —The preceding unsigned comment was added by Drayche (talk • contribs).
No it ends just before the capture at malfoy manor, when xenophilus calls the death eaters. Radikuluz 11:39, October 30, 2009 (UTC)—The preceding unsigned comment was added by Radikuluz (talk • contribs).
- The first part of Deathly Hallows will end as the trio are captured by the Snatchers, the second part or film (if two movies are planned) begins as they arrive at the Malfoy Manor. This is an excerpt from the page Harry Potter and the Deathly Hallows (film) of this wiki. As far as we currently know, it wil be cut at just before the Battle of Malfoy Manor. Also, both contributors, please remember to sign our edits. Thanks. QuidditchLover(My talk)(contribs) 02:22, October 28, 2009 (UTC)
Ah yes, I aplogize, i am wrong. Radikuluz 11:39, October 30, 2009 (UTC)


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Author: Linda Ensor (BDlive)
Parliament's two finance committees have called on the Treasury to review the window for people with illegally held offshore assets and income to regularise their financial affairs with the South African Revenue Service (SARS) and the Reserve Bank, writes Linda Ensor.
Concern was expressed during public hearings on the fiscal framework that the six months from October 1 to March 31 provided for in the budget for the relaxation of tax and foreign exchange laws was not long enough, as the compilation and submission of documents would take some time.
In a report and recommendations on the budget, the two committees said they supported the voluntary disclosure programme as outlined, but wanted the Treasury to consider a longer period. African National Congress MP and finance committee member Makhosi Khoza said an extension would encourage more people to come forward.
Finance committee chairman Yunus Carrim did not mince his words in describing those who secreted money out of SA illegally, describing them as "rogues" and "absolute criminals", who should be in jail.
In terms of the proposals, those with illegally held funds will be under pressure to disclose their finances to the authorities as new global standards for the automatic exchange of information between tax authorities come into force next year. In terms of the offer, the revenue service will include only 50% of the total amount used to fund the acquisition of undeclared offshore assets acquired before March 1 2015 in taxable income and subject to normal tax.
Only those investment returns accrued from offshore assets from March 1 2010 onwards will be included in taxable income and subject to normal tax. Investment returns before March 1 will be exempt. Interest on tax debts arising from the disclosure will commence only from March 1 2010. No understatement penalties will be imposed and neither will SARS pursue criminal prosecution for disclosed tax offences.
The Reserve Bank is also offering South African residents a chance to regularise their exchange control contraventions under the same programme. This will apply to contraventions before February 29 2016.
Another recommendation of the committees' report was that the budget and other support for broadband needed to be increased, given its potential to improve economic growth through expanded and faster broadband services.
The committees believed that more money should be given to small business development. The report also called for legislation on state-owned enterprises to be finalised expeditiously.
Another concern of the two committees was that the sharp increase in the fuel levy "may have a disproportionate effect on poorer workers who commute using minibus taxis".
This article first appeared on bdlive.co.za.
2016/12/062016 Webinar: Tax Risk Management
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2015/10/23All tax practitioners can now book SARS appointments online
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.
The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.


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association with Nietzsche
...in the streets of Turin, Italy, in January 1889, having lost control of his mental faculties completely. Bizarre but meaningful notes he sent immediately after his collapse brought his friend Franz Overbeck, a Christian theologian, to Italy to return Nietzsche to Basel. Nietzsche spent the last 11 years of his life in total mental darkness, first in a Basel asylum, then in Naumburg under...


text: Village Grill is a very consistent, very good place to eat. You can enjoy great food and conversation at your table without having to scream over loud TV's and other patrons. Key West Chicken is always a favorite at our table. Any special is always good as well. The staff is very friendly,


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Father, Son Discover Part of Human Skull on St. Paul Hike
St. Paul police say a father and son have discovered part of a human skull as they hiked through Battle Creek Regional Park.
St. Paul police say a father and son have discovered part of a human skull as they hiked through Battle Creek Regional Park.
Two people were arrested for allegedly trying to sell methamphetamine at a Little Falls gas station. The incident happened at about 4:00 p.m. yesterday (Thursday) at the east side Holiday Gas Station in Little Falls.
St. Cloud police are looking for two suspects who robbed a bar early this (Monday) morning. The incident happened just before 2:00 a.m. at the Ace Bar and Grill at 423 St. Germain Street East in St. Cloud.
The Sartell Drug Abuse Resistance Education Program has some new wheels. Last month the department received a 2008 Dodge Caravan from Brandl Motors to help promote their youth programs.
A new piece of technology makes patrolling the streets of Sartell at night a little easier. The Sartell Police Department installed thermal imaging cameras on the spotlight of three squad cars.
Winona police say a wedding ring with a value estimated at $65,000 was reported missing from the hand of a resident at an extended health care facility.
A nearly three-hour standoff between a 53-year-old man and police was resolved Tuesday afternoon in St. Cloud. Authorities were called out to the incident in the 200 block of 19th Avenue North just before 3:00 p.m. in an active suspect situation.
A woman who was shot by officers after a standoff outside a Duluth area church last week is improving.
A group of protesters plans to rally in downtown Minneapolis to press Hennepin County Attorney Mike Freeman to prosecute two police officers who fatally shot a black man last year
The son of an Elk River police officer convicted of killing his father and brother in Wright County has been sentenced to 61 years in prison.


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Rachel Roy: She Really IS Becky! Says Friend of Beyonce
Just when the dust is kind of starting to settle after the Beyonce "who is Becky?" brouhaha, a friend of the singer's is kicking it up again.
Solange Knowles: Still Pissed at Jay Z! Validated By "Lemonade" Lyrics!
It's ancient gossip history at this point, but you probably remember the 2014 incident in which Beyonce's sister, Solange Knowles, attacked Jay Z in an elevator at a Met Gala after-party.
Beyonce is Selling "Boycott Beyonce" Shirts
You want to (allegedly) cheat on Beyonce?
Go ahead. She'll skewer you all over her new album and make lots of money in the process.
Beyonce to Jay Z: I Love You So Much!
According to a recent report, Jay Z has been booed on the streets of Miami over the past few days.
The rapper has been in town because his wife opened her "Formation" tour in that city on Wednesday night.
Who's "Becky?" The Complete List of Jay Z's Suspected Side Chicks
Jay Z: BOOED by the Beyhive in Miami?!
In the few days since Beyonce dropped her controversial new album "Lemonade," one thing has become clear.
Don't piss off the Beyhive.
Jay Z Side Chick "Becky": Who She REALLY Is!
Ever since Beyonce dropped her new album "Lemonade," fans have been laser-focused on one line from the track "Sorry."
Azealia Banks, Iggy Azalea BOTH Attack Beyonce!
Well, the lyrics to Beyonce's Lemonade album are still tearing the freaking country apart for some reason, but in an unexpected twist, the controversial recording has managed to very temporarily unite two longtime rivals.
Jay Z: PISSED at Beyonce Over "Lemonade" Lyrics?!
In case you somehow missed it, Beyonce released Lemonade - her surprise "visual album" - over the weekend and the whole world proceeded to lose it's freaking mind.
Late Night Hosts Mock Beyonce: Watch! Laugh!
Beyonce who?
Lemonade what?!?
Rita Ora Breaks Silence on "Lemonade" Lyrics
Well, you have to hand it to her for speaking up.


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Thursday, Jan. 1, 1970 12 a.m. to 12 a.m.
Friday November 23, 5:30pm, Monument Square
Come see the spectacular lighting of the tree at this annual tradition! Entertainment begins with Rick Charette and the Bubblegum Band. Free horse & wagon rides from 4 – 8 pm
Story continues below advertisement.


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FOR SALE: Too Good To Be Hot aka "Lucy" is a lovely 2009 model AQHA red roan mare standing at 15.1hh. This could be your next all-arounder! Lucy has done…SOLD
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Sweet, gentle, performance bred colt. Should mature around 32" and is sired by our World Champion, War Chief. CJ is a very straight and correct little…SOLD


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June 22, 2010
JOSE OLMEDO, PETITIONER,v.J.D. HARTLEY, RESPONDENT.
[Doc. 12]
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
In the instant petition, Petitioner challenges the Board of Parole Hearings' (Board) 2008 denial of parole. On May 14, 2010, Respondent filed a motion to dismiss the petition for failure to state a cognizable claim. Petitioner filed an opposition on June 9, 2010.
A. Procedural Grounds for Motion to Dismiss
Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it "plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court . . . ." Rule 4 of the Rules Governing Section 2254 Cases.
The Ninth Circuit has allowed respondents to file a motion to dismiss in lieu of an answer if the motion attacks the pleadings for failing to exhaust state remedies or being in violation of the state's procedural rules. See e.g., O'Bremski v. Maass, 915 F.2d 418, 420 (9 th Cir. 1990) (using Rule 4 to evaluate motion to dismiss petition for failure to exhaust state remedies); White v. Lewis, 874 F.2d 599, 602-03 (9 th Cir. 1989) (using Rule 4 as procedural grounds to review motion to dismiss for state procedural default); Hillery v. Pulley, 533 F.Supp. 1189, 1194 & n.12 (E.D. Cal. 1982) (same). Thus, a respondent can file a motion to dismiss after the court orders a response, and the Court should use Rule 4 standards to review the motion. See Hillery, 533 F. Supp. at 1194 & n. 12.
In this case, Respondent has filed a motion to dismiss for failure to state a cognizable claim under 28 U.S.C. 2254. Therefore, the Court will review Respondent's motion to dismiss pursuant to its authority under Rule 4.
B. Failure to State Cognizable Claim
Respondent argues that Petitioner's challenge to the Board's 2008 hearing is based solely on state law which is not cognizable under § 2254. Respondent specifically argues that Respondent's motion to dismiss is not well-received. Petitioner opposes Respondent's argument that his claims arise solely under state law.
First, Petitioner's petition does not rely solely on state law in challenging the Board's 2008 decision.*fn1 To the contrary, Petitioner sets forth the following six grounds for relief: (1) the Board failed to apply California's standard of review set forth in In re Lawrence, 41 Cal.4th 1181 (2008); (2) the Board violated his liberty interest in parole; (3) the Board failed to articulate a "nexus" that shows Petitioner is currently dangerous; (4) the Board arbitrarily and capriciously denied parole by relying on the immutable and unchangeable commitment offense and post-conviction factors; (5) the Board's interpretation of the 2008 psychological evaluation was erroneous and did not constitute "some evidence" to deny parole; (6) the Board abrogated due process and Petitioner's liberty interest by requiring him to admit guilt of his commitment offense.
Petitioner's clearly pointed to the federal basis of review under section 2254.
Second, and more importantly, in Hayward v. Marshall, issued prior to the filing of the instant motion to dismiss, the Ninth Circuit specifically found that although there is no independent right to parole under the United States Constitution, the right exists and is created by California's statutory parole scheme and is subject to review under 28 U.S.C. § 2254. Hayward v. Marshall, 603 F.3d 546, 559, 561 (9th Cir. 2010) (en banc) (citing Bd. of Pardons v. Allen, 482 U.S. 369, 371 (1987). On May 24, 2010, the Ninth Circuit further clarified its decision in Hayward, stating the following:
Through its state statutory and constitutional law, California has created a parole system that independently requires the enforcement of certain procedural and substantive rights, including the right to parole absent 'some evidence' of current dangerousness. Hayward, slip op. at 6327-30 (discussing, inter alia , In re Lawrence, 190 F.3d 535 (Cal.2008); In re Shaputis, 190 F.3d 573 (Cal.2008); and In re Rosenkrantz, 59 F.3d 174 (Cal.2002). California law gives rise to a liberty interest on the part of its prisoners covered by its parole system. Having guaranteed the prisoners of the state that they will not be denied a parole release date absent 'some evidence' of current dangerousness, California is not permitted under the federal Constitution arbitrarily to disregard the 'some evidence' requirement in any particular case. It is therefore our obligation, as we held in Hayward, to review the merits of a federal habeas petition brought by a California prisoner who asserts that the decision to deny him parole was not supported by 'some evidence' of his current dangerousness. Under AEDPA, this means that we review 'whether the California judicial decision approving the governor's [or parole board's] decision rejecting parole was an 'unreasonable application' of the California 'some evidence' requirement, or was 'based on an unreasonable determination of the facts in light of the evidence." Hayward, slip op. at 6330 (quoting 28 U.S.C. § 2254(d)(1)-(2)). Pearson v. Muntz, No. 08-55728, 2010 WL 2108964 *4 (9th Cir. May 24, 2010) (per curiam) (footnote omitted); see also Cooke v. Solis, No. 06-15444, 2010 WL 2330283 * 6 (9th Cir. June 4, 2010) (acknowledging that in Hayward v. Marshall, it was "held that due process challenges to California courts' application of the 'some evidence' requirement are cognizable on federal habeas review under AEDPA.")
Thus, a plain reading of Hayward, and its progeny, directly contradicts Respondent's argument set forth in the motion to dismiss, and the Court finds the motion to be border line frivolous and subject to future sanctions under Rule 11.*fn2 Therefore, based on the clear and current Ninth Circuit authority that completely negates Respondent's argument, the instant motion to dismiss the instant petition for failure to state a cognizable claim should be denied.
Based on the foregoing, it is HEREBY RECOMMENDED that:
1. Respondent's motion to dismiss the instant petition be DENIED; and
2. Respondent be directed to file an answer addressing the merits of the instant petition within forty-five days from the date of the final order resolving the instant Findings and Recommendation.
This Findings and Recommendation is submitted to the assigned United States District Court Judge, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of California. Within thirty (30) days after being served with a copy, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendation." Replies to the objections shall be served and filed within fourteen (14) days after service of the objections. The Court will then review the Magistrate Judge's ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Cumulus Kallio Helsinki
Select your stay dates to check availability at Cumulus Kallio Helsinki
Cumulus Kallio Helsinki
About the Hotel
Property Location
With a stay at Cumulus Kallio Helsinki, you'll be centrally located in Etelainen District, steps from Helsinki Street and minutes from Kallio Church. This hotel is within close proximity of Linnanmaki Amusement Park and Hakaniemi Market Square.
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- Conference space size (feet) - 0
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Know Before You Go
- A resort fee is included in the total price displayed.
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- Only registered guests are allowed in the guestrooms.
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- Breakfast fee: EUR 18.50 per person (approximately)
- Self parking fee: EUR 19.00 per night
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Báo Đầu Tư English 1 month(s) ago
A new Vietnamese-German University (VGU) campus broke ground last week in the southern province of Binh Duong.
Keywords: reformgroundBen Cat DistrictA World BankVice RectorprojectBoth Vietnam
Báo Tuổi Trẻ English 2 month(s) ago
A multimillion-dollar project funded by the World Bank to upgrade My Tho City in Vietnam's Mekong Delta region is under inspection over allegations of wrongdoing in calling for contractors.
Keywords: The WbMy Tho CityContractorsThe World BankMy Thoupgradeproject
Báo Dân Trí English 2 month(s) ago
Vietnam is the 11th biggest remittance recipient worldwide and third in the Asia in 2015, according to the World Bank.
Keywords: RemittancesThe World BankImagesBanking AcademyinevitablyabroadOverseas Vietnamese Community
SaiGon GP English 2 month(s) ago
Indonesia and Japan signed to extend a bilateral currency swap agreement on the sidelines of an annual meeting between the International Monetary Fund and the World Bank on October 9, Vietnam News reported from Jakarta.
Keywords: swapVietnam NewsThe International Monetary FundextendThe World BankdealFinance Minister Sri Mulyani Indrawati
Báo Đầu Tư English 2 month(s) ago
WASHINGTON: Global finance leaders on Thursday (Oct 6) publicly confronted the rising unpopularity of trade liberalisation, saying world economies needed to strive for more inclusive growth.
Keywords: World BankThe ImfEconomiesThe United StatesThe European Unionthinkconcede
Groundbreaking for the construction of a new Vietnamese-German University (VGU) campus took place on Thursday morning in southern Vietnam's Binh Duong Province.
Keywords: Binh Duong ProvinceProgramsSouthern VietnamreformBen Cat DistrictA World BankTwitter
Experts from ministries and the World Bank discussed the contents of a project on building a databse serving climate change adaptation in the Mekong Delta region at a workshop in Hanoi on October 5.
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Báo điện tử CP English 2 month(s) ago
VGP – The World Bank (WB) on October 4 released East Asia and Pacific Economic Update.
Keywords: justifyEast AsiaThe World Banktableslowcenterleft
VGP – PM Nguyen Xuan Phuc highly appreciated the assistance of the World Bank (WB) for Viet Nam over the recent years, suggesting the lender continue its support for Viet Nam in its socio-economic development, poverty reduction, health care and adaption to climate change.
Keywords: For Viet NamcenterjustifyCountry DirectorThe WbExecutivesThe Pm
Prime Minister Nguyen Xuan Phuc congratulated Ousmane Dione on his appointment as new Country Director for the World Bank (WB) in Vietnam at a reception at the Government's headquarters in Hanoi on October 4.
Keywords: The WbCountry DirectorMinister Nguyen Xuan PhucThe World BankImagesVictoria KwakwaNguyen Xuan Phuc
Newly-appointed World Bank Country Director for Vietnam Ousmane Dione on Thursday expressed interest in ongoing anti-flooding projects in Ho Chi Minh City during an introductory visit to the city chairman.
Keywords: FloodingCountry DirectorEast AsiaThe DirectorPacific RegionFor Vietnaminterest
VGP – The Government Office recently announced Deputy PM Vu Duc Dam's conclusions on the projects "Modernizing Viet Nam's social insurance system" and "Building a national database on social secuirty until 2020".
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Country Director of the World Bank for Vietnam Ousmane Dinoe has warned that Vietnam should change its agricultural techniques to ensure higher quality products and sustainable development.
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Báo Thanh Niên English 37 month(s) ago
Urgent actions needed to improve the situation, according to the World Bank
Keywords: WastewaterEast AsiaPublic HealthPacific RegionThe World BankUnsustainable
AFP/Vietnam News' sources from Washington said World Bank President Jim Yong Kim effectively won a second five-year term after nominations to lead the global development bank closed on Wednesday with no other candidates proposed.
Keywords: bankThe BankNominationsProgramsWorld BankShareholders
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Kirkland Council's Retreat Broadcast Live March 21/
Day one of retreat available for live stream and on-demand
The Kirkland City Council will hold its annual retreat on Monday, March 21, 9 a.m. to 4:30 p.m. and Tuesday, March 22, 9 a.m. to 12 p.m. at Kirkland City Hall, Peter Kirk Room, 123 5th Avenue. The first day of the retreat will be broadcast live on the City's website and available for current city residents to watch on Comcast Channel 21 and Frontier Communications Channel 31.
On March 21 the City Council will discuss strategic planning and the 2013-2014 budget process.
On March 22, the City Council will hold general discussion from 9 to 10 a.m. and then tour the annexation area. To view the complete agenda and to watch the March 21 meeting, go to www.ci.kirkland.wa.us/TV and select "on-demand". Contact Kathi Anderson, City Clerk, at 425-587-3197 or email@example.com for more information.


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AR Notes
By Vuframe Lab GmbH
Open iTunes to buy and download apps.
Take quick location-based notes in magical Augmented Reality fashion. Take, save and share.
AR Notes allows you to create short, location-aware notes and displays them in Augmented Reality (i.e. super-imposed on an live camera view). Easily tag any location you visit by simply creating a note while you are there! View your notes in augmented reality, remember things in the context of where they are located and share them with your friends – via Email.
Use AR Notes in any way you like: remember where you parked your car, where your friends live or where you found a good bakery (or a good new pub while out on town).
AR Notes brings Augmented Reality to your everyday life. Give it a try!
What's New in Version 2.1
Added iOS 8 support
Customers Also Bought
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- Category: Productivity
- Updated: 23 October 2014
- Version: 2.1
- Size: 14.8 MB
- Language: English
- Developer: Vuframe Lab GmbH
- © 2014 doPanic
Compatibility: Requires iOS 7.1 or later. Compatible with iPhone, iPad, and iPod touch.


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The feminine name Shafira is used in Malaysian. Other countries in which the shafira being used are Australian. Shafira is not very commonly used baby name for girl. It is not ranked with in the top 1000 names.
Shafira Gonzales, Shafira Hashim, Shafira Hussein, Shafira Razak, Shafira Hargreaves
We welcome your suggestions on What Does Name Shafira Mean. Suggest Meaning of Name Shafira.
If you know people with name Shafira or have name Shafira, please write down your opinion about "What is the meaning of my name Shafira".
Shafira also appears in following countries/origins/languages: Australian
Name Of The Day
List of Malaysian baby names, Malaysian babies names, Malaysian baby names and meanings has been compiled from various resources. Please use this up to date list of Malaysian name as a reference to name your kid/child. This vast database of Malaysian names has been compiled from various references and suggestions provided by our web site users and resources partners. This information is developed to primarily serve as a reference. We are unable to respond on request for personalized assistance at the moment. Thank you for your support. Largest list of Malaysian baby names with meanings, numerology, popularity and comments.


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Google has a slew of announcements about its advertising products, including AdSense, AdWords, and DoubleClick.
First up, AdSense is no longer accepting referrals. They're advising users to remove the code from their sites, but to save the data collected through the referrals. Meanwhile, AdWords is phasing out the AdWords Pay-Per-Action program. Both programs have the last week of August as the expiration date.
Users of AdSense Referrals and AdWords PPA are being pointed to the Google Affiliate Network, formerly known as DoubleClick Performics. Performics was previously both an affiliate network and a search marketing company. Google divested itself of the Performics search marketing business for the obvious conflict of interest. The affiliate portion of the business is what is being rebranded.
Advertisers will be able to set CPAs for campaigns or design custom payments to affiliates. Publishers must apply and be accepted to the program, similar to the application for Adsense.
Finally, while the three remain separate programs for now, an integration could be in the future. Trevor Claiborne, writing on the Inside AdWords blog, "The Inside Adwords blog The Google Affiliate Network is currently a separate product from AdWords and AdSense." (emphasis mine) That sounds like a hint of things to come, don't you think?
Related reading
Inclusive marketing: the need to remove binary data
Last week Metro Bank became the first financial institution to offer a gender neutral option for both its staff and customers.
How marketing will change when 5G and VR collide
5G networks are expected to start rolling out this coming year and will likely be standard in 2018.
Five most important search marketing news stories of the week
This week, both LinkedIn and Facebook are beefing up their paid social offerings in different ways, while Google seeks to cut off Adwords revenues for fake news sites. And might Google be favouring desktop over its own AMP in its upcoming mobile-first index?
Product reviewing: how to utilise digital influencers
Credible and reliable endorsements are now, more so than ever, vital to a brand's success.


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Nelson Mandela Treated for Lung Infection
Officials tell South Africans there is no reason to panic after latest health scare.
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Former South African president taken to the hospital with a stomach ailment.
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A group of teens from Lynchburg's Desmond Doss Christian Academy showed up, Friday morning to do clean up work at the National D-Day Memorial.
"Once a month we do a community service project," said Billy Wright, the school's assistant principal. "Each November, we try to come up here."
The school was named in honor of Lynchburg native Desmond Doss, whose action on Okinawa during World War II is the subject of the movie "Hacksaw Ridge."
After the rains from Hurricane Matthew negatively affected turn out for the 2016 Centerfest in historic Centertown Bedford, the town of Bedford and Bedford Main Street are inviting vendors and visitors to return to town on November 12 for a do-over.
Centerfest 2.0 will be located in the Farmer's Market pavilion and corresponding parking lot from 9 a.m. – 4 p.m., with more than 50 vendors expected to be attending.
Letters went home Tuesday to parents of students at Moneta Elementary explaining what the next step is now that Bedford County Public Schools has learned the school has been denied accreditation by the Virginia Department of Education (VDOE).
Seventeen of the district's 19 schools received full accreditation for this year—Montvale Elementary is only partially accredited—but the district must now take steps outlined by VDOE to address Moneta's situation.
The new body cameras the Bedford Police Department has are proving useful, according to Chief Todd Foreman. Chief Foreman made a presentation to Town Council last week on the cameras.
"We wear them on our belts," Chief Foreman said.
By Brandi Mitchell
Bulletin Intern
Bedford County's planning commission looked at a draft ordinance, last week, that will change the way outdoor gatherings are permitted.
According to Gregg Zody, it will change outdoor gatherings from something that requires a special use permit to something that will be a use by right.
"Technically, we shouldn't have them because nobody has come to me for a permit," Zody said.
A scheme to rob pills from her employer has led to a 19-year-old Bedford woman having to serve 19 months in prison.
Alicyn Marie Updike pleaded guilty in May to the August 2015 robbery at English Meadows Elks Home Campus, where she was employed. Her boyfriend, Cody Wayne Nichols, 21, was also involved and previously received a two-year prison sentence for his part in the robbery.
The money is now in place to renovate a ball field at Liberty Lake Park to allow the Liberty High School (LHS) baseball team to use it as a practice field.
Bedford's Town Council and the school board had already put up $20,000 each for the renovation. Monday night, the board of supervisors also unanimously voted to spend $20,000 from the contingency fund for the work.
By Patricia C Held
Contributing Writer
When summer begins to fade fruits and vegetables mature and ripen, it is the time to harvest and put up the best of the pickings. Gather fruits and vegetables from the garden or purchase them from local orchards to create delicious edibles for the pantry.
A Bedford County man who is described as having mental issues has been arrested following a manhunt Thursday after he allegedly fired shots in his home and at several vehicles.
Thursday's incidents led to the arrest of 18-year-old Daniel Flint. He was initially charged with arson, malicious shooting of an occupied vehicle and attempted malicious shooting of an occupied vehicle. Later Thursday evening, he was also charged with possession of a firearm after being involuntarily committed to a mental hospital.
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Despite Blocked Bill, Sanctuary City Debate Not Going Away
The bill that would crack down on "sanctuary cities" failed in the Senate, but the argument isn't going anywhere anytime soon.By Eugene Daniels | October 20, 2015
"On this vote, the yeas are 54, the nays are 45. Three-fifths of the senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed to," said the presiding officer of the Senate. (Video via C-SPAN)
Senate Democrats blocked a bill Tuesday that would slow the flow of money to cities that seemingly shelter undocumented immigrants. The bill would have limited federal grants to what some are calling sanctuary cities and increased penalties for deportees who return illegally.
"When felons enter our country illegally and repeatedly, is it fair to victims and families to not do what we can to stop them?" Majority Leader Mitch McConnell said Tuesday.


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Men's Progressive+ Run Socks 2.0
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Closing the Gap
March 28-April 3, 2010 is the 8th annual National LGBT Health Awareness Week, presented by the National Coalition for LGBT Health. Check it out at http://www.lgbthealth.net/awarenessweek10/ and raise awareness! In honor of this event we will be posting an LGBT Health Research finding on our website each day this week.


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Jiu-Jitsu Mag
By MAZ Digital Inc.
Open iTunes to buy and download apps.
Jiu-Jitsu Magazine is the world's leading publication dedicated solely to the art of Brazilian Jiu-Jitsu. Jiu-Jitsu Magazine is published bi-monthly, based in Southern California and distributed around the world in print form and now available on your iPad!
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- © Recon Media Inc.
Compatibility: Requires iOS 8.0 or later. Compatible with iPhone, iPad, and iPod touch.
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