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Last update: Monday 17 October 2016 [84 news items]
Digitimes Research: Japan electronic medical records market value to reach JPY259.4 billion in 2018
Oct 17, 15:39
Viewing that 82.5% of large hospitals with 400 or more beds in Japan have adopted electronic medical records, leading vendors of digital medical systems including NEC, Fujitsu and...
Silicon wafer shipments to rise through 2018, says SEMI
Oct 14, 15:39
Polished and epitaxial silicon shipments will come to 10.44 billion square inches in 2016, up 2% from about 10.27 billion square inches in 2015, according to SEMI.
TSMC set to move 7nm to volume production in 1Q18
Sep 7, 12:16
TSMC's 7nm technology will outperform rivals' in terms of area, performance and power, according to Simon Wang, senior director of business development for TSMC. The foundry is scheduled...
Tablet market to decline over 11% in 2016 before rebounding in 2018, says IDC
Newswatch - Aug 31, 14:52
Global tablet shipments are expected to decline 11.5% on year to 183.4 million units in 2016 before making a rebound in 2018-2020, according to IDC.
SSD adoption in notebooks to top 50% in 2018, says DRAMeXchange
Aug 30, 11:09
DRAMeXchange has maintained its estimate given earlier in 2016 that the adoption of SSDs in notebooks would exceed 30% in 2016. The proportion is forecast to reach 56% in 2018, according...
MediaTek to unveil 5G solution as early as 2018
Jun 22, 14:45
MediaTek is looking to debut the first generation of its 5G chip solutions as early as 2018. The Taiwan-based IC design house has expanded an R&D team engaged in the development...
Rising industrial PC market to stabilize in 2018, says IHS
Apr 21, 15:54
While the global market for industrial PCs has experienced ups and downs in recent years, it is forecast to pick up in 2016 and will start to stabilize in 2018. The key reason for...
Lite-On Technology aims at revenue proportion of 10-15% for automotive electronics in 2018
Apr 18, 11:12
Lite-On Technology aims to increase the revenue proportion for automotive electronics, including LED automotive lighting (headlights, taillights, brake-lights and in-car lights),...
Getac aims at global market share of 30% for ruggedized devices in 2018
Mar 30, 16:34
Thanks to stable demand from the enterprise market, Taiwan-based ruggedized PC player Getac expects its revenues to grow by a double-digit percentage on year to reach NT$20 billion...
Semiconductor unit shipments to exceed 1 trillion devices in 2018, says IC Insights
Mar 8, 15:45
Total unit shipments of semiconductors which include ICs and opto-sensor-discrete (O-S-D) devices are forecast to continue their upward march and top one trillion units for the first...
India government to procure estimated 770 million LED light bulbs by end of 2018
Jan 15, 11:01
The India government has decided to replace incandescent light bulbs with LED bulbs by the end of 2018 and therefore has begun procurement for subsidized sales in the country. Total...
BOE 10.5G fab set to produce large-size, high-resolution panels in 2018
Dec 3, 14:44
China-based panel maker BOE is set to begin construction on a 10.5G fab in February 2016 and finish in 2018. The fab will focus mainly on production of 65-inch and above-size TV panels...
Korea panel makers anticipate steady 8K TV panel demand in 2018
Nov 20, 15:28
Korea-based panel makers will strengthen investments into 8K TV panel development in anticipation for demand in 2018.
China to dominate flat panel display manufacturing by 2018, says IHS
Nov 6, 11:22
While conventional thin film TFT LCD displays are rapidly trending towards commoditization and currently suffering from declining prices and margins, China is quickly adding capacity...
200mm wafer fab capacity to reach 5.4 million wspm in 2018, says SEMI
Oct 21, 10:42
Worldwide 200mm semiconductor wafer fab capacity is forecast to reach 5.2 million wafer starts per month (wspm) in 2015, and will expand to 5.4 million wspm in 2018, according to...
Touch panel market estimated at US$31.9 billion in 2018, says IDTI
Aug 25, 21:27
Following developments in touch panels used in all-in-one (AIO) PCs and smartphones in addition to newer applications such as vehicles and industrial applications, touch panel developer...
China makers could surpass Korea in LTPS AMOLED capacity by 2018, says firm
Aug 4, 14:45
Small- to medium-size LTPS AMOLED panel production capacity is expected to grow 30% on year in 2015. In addition to South Korea makers pushing production, China makers are showing...
Samsung is developing 11K panels, says reports
Jul 13, 13:42
Samsung Display is undergoing development for 11K panels, with an aim of releasing new products in 2018, according to Korea media reports.
Digitimes Research: 8K solutions to start appearing in 2018
Jun 23, 15:37
Panel makers aim to tackle the 8K market starting 2018 when Japan will offer various channel transmissions in 8K, and the World Cup is held in Russia. Demand will continue to grow...
Digitimes Research: UV LED to take up 40.3% of production value for UV light sources in 2018
Jun 12, 11:22
As UV (ultraviolet) LED applications are growing fast, production value as a percentage of total production value for all UV light sources will rise to 40% in 2018, according to Digitimes...
LED lighting peak to come in 2018: Q&A with MLS president Lawrence Lin
May 27, 12:25
Global demand for LED lighting will peak in 2018, with LED applications to acount for 70% of all lighting products availabe in the market, according to Lawrence Lin, president for...
EU postponement of energy-inefficient halogen bulbs ban until September 2018 to have varying results, says IHS
Apr 24, 10:35
The European Commission has voted to postpone the ban on energy-inefficient halogen bulbs until September 2018. The ban was originally planned for September 2016, as part of the wider...
Automotive touch panel revenues to hit US$1.5 billion by 2018, says IHS
Apr 10, 14:53
The explosion of touch-enabled screens used in smartphones, tablets and other consumer devices, along with improvements in touch technology, are increasing demand for touch-screen...
Display industry output estimated at US$180 billion in 2018, with OLED on the rise, says LG Display VP
Apr 10, 10:18
The output value of the display industry in 2018 is estimated to reach US$180 billion, with LCD technologies accounting for 90%, according to LG Display VP Sooyoung Yoon.
Led by commercial systems, 9% of solar PV systems in North America will have storage attached in 2018, says IHS
Mar 17, 15:55
Approximately 9% of solar photovoltaic (PV) systems in North America will include attached storage in 2018. Led by commercial systems, 700 megawatts (MW) of PV systems with energy...
QD sets to be major driving force in TV market till 2018, says IEK
Feb 12, 15:50
LCD TVs based on quantum dot (QD) technology, due to comparable color performance compared with OLED TVs but much lower production costs, are expected to be a major driving force...
China self-sufficiency rate of panel components and materials rising
Feb 3, 14:06
The self-sufficiency rate of LCD components and materials in China is currently only around 20% but is expected to rise, driven by subsidies from the China government to expand and...
Ultra HD demand to grow at 72% CAGR until 2018, says FutureSource
Dec 25, 15:45
The worldwide TV market is forecast to grow to 234 million units in 2014, representing a 3% growth from 2013, according to Futuresource Consulting. However, 2014 is projected to see...
Demand for LED chipsets to increase to 1.4 billion in 2018, says DisplaySearch
Dec 25, 12:37
The demand for LED chipsets, primarily for the LED lighting market, is forecast to increase substantially through 2018. According to DisplaySearch, measured in standard units (500...
Automotive-use LED market value to reach US$2.5 billion by 2018, says LEDinside
Dec 23, 11:23
The worldwide automotive-use LED market (combination of before market and after market) is projected to reach US$2.5 billion by 2018, with a compounded annual growth rate (CAGR) of...
Connected street lighting market expected to reach US$450 million in 2018, says IHS
Dec 5, 10:52
The market for connected street lighting is currently worth around US$104 million, but with global shipments of connected street lights expected to increase four-fold over the next...
Polarizer makers report mixed performances; polarizer demand to grow 7% through 2018
Dec 4, 15:23
Polarizer maker BenQ Materials on December 3 reported consolidated revenues of NT$1.388 billion (US$45.1 million) for November, decreasing 4.81% on month but increasing 0.95% on year,...
Automotive IC market to display strongest growth through 2018, says IC Insights
Nov 19, 21:38
Of the six major end-use applications for ICs, the automotive market is forecast to experience the strongest average annual revenue growth rate through 2018, according to IC Insigh...
Smart TV sales to reach 228 million in 2018, says Futuresource
Nov 18, 15:38
Smart TV sales reached 90 million units worldwide in 2013 and will grow at 21% CAGR to reach 228 million in 2018, according to Futuresource Consulting.
Public IT cloud services spending to reach US$127 billion in 2018, says IDC
Nov 4, 00:42
Public IT cloud services spending will reach US$56.6 billion in 2014 and grow to more than US$127 billion in 2018, according to IDC. This represents a five-year compound annual growth...
- Acer Starbreeze, HTC take part in global VR association, GVRA
- Qisda to cooperate with Intel to promote IoT
- Macroblock 2016 EPS to reach NT$6.50-7
- Kinsus, Nanya PCB November revenues down
- Foxconn involved in several lawsuits against employees
- Prices of 12-inch blank wafers to rise 10-20% in 1Q17
- Chunghwa Telecom to appoint new chairman
- Ennoconn denies reports about seeking full ownership of Germany-based S&T
- E Ink Holdings expects to ship 30-40 million smart tags in 2016
- Holtek, Sonix November revenues increase
- China PV installation capacity in 2017 may reach 25-30GWp, says CPIA
- LED players see November revenues up
- Delta Electronics to tap Taiwan market for data centers used by financial organizations
- Chipbond set to report record 4Q16 revenues
- Chip orders for entry-level smartphones going down
- AUO November revenues up on year
- TPK Holding sees decreased November revenues
- D-Link cooperates with Alpha Networks, Aviacomm for Super Wi-Fi application
- Digitimes Research: China smartphone industry enjoys shipment growth in 3Q16 thanks to overseas demand
- Inventec to close AIO PC subsidiary TPV-Inventa in 2017, says paper
- Chicony Power November revenues hit record
- UMC November revenues up, VIS down
- Chin-Poon sees November revenues rise
- Tripod reports increased revenues for November
- Quanta revenues rise in November
- Releases
- White papers
- Bulletin
- Conexant working with Amazon to create AudioSmart 2-mic development kit for Amazon Alexa
- CEVA creates new value by enhancing IoT and machine learning applications
- DSP applications focus on IoT and computer vision to stimulate new industrial growth
- Innodisk launches digital input/output expansion cards suitable for industrial systems
- AVerMedia introduces video capture and streaming solutions, targeting application opportunities in four major sectors
- Unisys IT Implementation of Unisys Stealth Solution for Data Center Segmentation
- AccuTouch Five Wire Resistive Touchscreens
- Getting the Most Out Of Your Next Generation Digital Security Surveillance System
- Embracing the New Generation Intel Atom Family with DDR3 Memory Support
- Got The Message? Ensuring efficient and reliable delivery of content across a mission critical digital signage network
- Perforce Software Wins Develop Industry Excellence Award for the Second Year in a Row
- Perforce Teams with Leading Git Client Developer fournova
- Perforce Introduces Helix GitSwarm: Flexible Git Ecosystem Mirrored to a Powerful Mainline Repository
- Perforce Helix Distributed Version Control System Brings Greater Flexibility While Maintaining Enterprise-class Security, Auditability and Control
- Perforce Powers Development of Legacy Quest for iOS and Android
9-Dec-2016 markets closed
|TSE electronic
|OTC electronic
- Apple supplier Foxconn plans expansion in US (Dec 7) - Wall Street Journal
- Siltronic said to attract takeover interest from China group (Dec 2) - Bloomberg
- India's central bank says cash crisis is hurting the economy (Dec 7) - CNNMoney
- Why China wants US memory chip technology, and what Washington is doing about it (Dec 6) - Forbes
- SoftBank CEO tells Trump he'll invest US$50 billion in startup (Dec 7) - Bloomberg
- Chinese celebrities caught up in tech group's woes (Nov 30) - The Financial Times
- Trump-Taiwan call breaks US policy stance (Dec 3) - BBC News
- Obama blocks Chinese takeover of Aixtron as US security risk (Dec 3) - Bloomberg
- Digitimes Research: Samsung Note 7 issues may help Apple to regain number-1 crown in 4Q16
- Digitimes Research: 4 million 9.7-inch iPad Pros to ship in 1H16
- Digitimes Research: Global all-in-one PC shipments to drop 3.9% on year in 2015
- Mentor Graphics Veloce VirtuaLAB adds protocols for networking designs
- Mouser Electronics undergoing expansion
Era of Silicon 4.0: TSIA chairman talks about virtual Moore's Law
With 2015 being the 50th anniversary of Moore's Law, one of the hottest topics that has continued to...
7nm process is essential for semi industry: Q&A with Globalfoundries CTO Gary Patton
Gary Patton, a 30-year veteran in the semiconductor industry, joined Globalfoundries as CTO in July...
Potential of wireless charging technology: Q&A with WPC chairman Menno Treffers
To help foster the development of related wireless charging technology in Taiwan, the Wireless Power...
Business planning in the cloud: Q&A with Anaplan
Silicon Valley based Anaplan, a cloud-based planning and performance management platform provider,...
- Smartphone and tablet industry: The view from Taiwan - May 2012
Taiwan-based companies have a long and successful history of involvement in the supply chain for mobile devices, which for the purposes of this article consist...
- Taiwan motherboard industry overview - May 2012
The year 2011 saw the motherboard industry reverse its trend of declining shipments year-on-year, to post a slight 0.2% growth. This upturn in fortunes was expected...
- Notebook market overview - Jun 2011
The notebook industry in 2010 experienced several major events that significantly changed the industry's ecosystem for the year and the industry is also believed...
- LCD TV overview - Jun 2011
Growth of the global LCD TV market was not as strong as expected in 2010 as the market continued to feel the aftershocks of the economic recession that had hit...
- Wireless broadband developments in Southeast Asia markets
As of 2013, the 10 ASEAN nations had a total of over 700 million mobile subscriptions, with the CAGR from 2003-2013 reaching 24%. This Digitimes Research Special Report analyzes the various mobile broadband markets in ASEAN and looks at the respective trends in 4G LTE development for those markets.
- 2015 global tablet demand forecast
This Digitimes Research Special Report provides a 2015 forecast for the global tablet market and analyzes the strategies of key market players such as Google, Apple, Intel, and Microsoft.
- 2015 China smartphone panel trend forecast
This Digitimes Research Special Report analyzes the strategies of key China-based major panel makers BOE, Tianma and IVO for attacking the different market segments through technology and pricing, and their relationship to local vendors Huawei, Lenovo, ZTE, Xiaomi and Coolpad.


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Revenge, Lack of Love and Madness in William Shakespeare's Play, Hamlet
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Pages: 2
Word Count: 514
Category: English
Sub-Category: English Literature
Topic: Shakespeare
Word Count: 514
Pages: 2
Shakespeares Hamlet is a complex story of revenge the lack of love and the madness of Hamlet Hamlet is a victim of his own humanity The decisions he must make make him human and his indecisiveness makes him a man His fathers ghost asks Hamlet to avenge his death and Hamlets procrastination to do so adds to his humanity What we have in Hamlet is the exploration and implicit criticism of a particular state of mind or consciousness In Hamlet Shakespeare uses a series of encounters to reveal the complex state of the human mind made up of reason emotion and attitude towards the self to allow the reader to make a judgment or form an opinion about fundamental aspects of human life LC Knight 192 Hamlet had many opportunities to kill Claudius but he decided not to and rested the justification on his morals Hamlet tries to logically think of a way to rid the world of the treacherous King and his logic and intelligence were his downfall Like any tragic hero these were his tragic flaws Hamlets primary dilemma is that of every human being Cahn 69 Hamlet is presented by Shakespeare as the ideal man He is described by Ophelia in Act 3 Scene 1 lines 163-167 O what a noble mind is here oerthrown The courtiers soldiers scholars eye tongue sword Th expectancy and rose of the fair state The glass of fashion and the mold of form Hamlet is what every man should be and as such an extreme he is also presented with an extreme situation He is a superman among men GW Knight 38 Hamlet is a very smart individual and he uses his intelligence to try to solve the mystery of how to expose his uncle and prove what the ghost said In trying to prove Claudiuss guilt Hamlet aroused suspicion His uncle tried to get rid of Hamlet by sending him to England on
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SEC split on party lines over Goldman case
The Securities and Exchange Commission decided to sue Goldman Sachs Group over the objections of two Republican commissioners, suggesting an unusual split at the agency that could politicise one of its most prominent cases in years.
People familiar with the matter said the five-member commission held a lengthy meeting Wednesday to debate the civil-fraud charges against Goldman, and ultimately voted 3-2 in favour of pushing forward. The charges were filed Friday.
Normally the agency prefers to have unanimous support when bringing enforcement actions against the firms it regulates. Word of the SEC split could exacerbate partisan tensions in Washington over the Obama administration's proposed financial-regulatory overhaul.
John Nester, an SEC spokesman, declined to comment.
The SEC alleges that in a 2007 deal, Goldman deceived clients by selling mortgage securities secretly designed by hedge-fund king John Paulson to profit on a plunge in housing prices. That deal was quickly approved by a panel of about a dozen senior Goldman executives, including people who helped to manage the firm's mortgage, credit and legal operations, people familiar with the situation told The Wall Street Journal.
One part of Goldman's defence has been that it lost $90 million in the transaction, arguing that it "surely didn't wish to structure an investment in which we lost money." In fact, the firm never intended to buy any of the deal; it just couldn't sell all the instruments to other investors—hence the loss, say people familiar with the matter.
Goldman, which denies any wrongdoing, sought to downplay the case Monday. In a voice-mail message to employees, Chief Executive Lloyd C. Blankfein described the "core" of the SEC case as an "allegation that one employee misled two professional investors." Fabrice Tourre, the 31-year-old Goldman trader at the centre of the suit, went on paid leave "with no end date," the firm said.
Goldman's board met Monday and remains firmly behind Mr. Blankfein, according to people familiar with the matter.
On Tuesday, SEC Chairman Mary Schapiro is likely to get a grilling over the internal dissent when she appears before the House Financial Services Committee for scheduled testimony.
People familiar with the vote said Ms. Schapiro—a registered independent—joined two Democrats on the commission, Elisse Walter and Luis Aguilar, in supporting the fraud case against Goldman. The two Republican commissioners, Kathleen Casey and Troy Paredes, were opposed, they said. The commissioners didn't respond to repeated requests for comment.
In recent years, splits on high-profile enforcement cases have been rare. Ms. Schapiro, appointed by President Obama, told the Journal in January that the agency in her tenure has voted unanimously "north of 90%" of the time on enforcement cases. The agency has split more frequently on the rules it passes to regulate the industry and corporate disclosures.
"It's really important on enforcement matters to try to get the agency all reading from the same page," said Harvey Pitt, a former Republican SEC chairman. As a technical matter, he said, it won't affect the court case, but he noted that judges aren't immune from what's happening elsewhere. "Nobody ever wants to be pursuing an enforcement case that can be attacked on anything but the merits."
On key regulatory moves, partisan squabbling has broken out this year several times. In late January, Ms. Casey and Mr. Paredes protested when Ms. Schapiro pushed through guidance encouraging companies to disclose the effects of climate change on their business.
The two Republicans protested in a 3-2 vote in February approving curbs on short selling, a way for investors to bet on a stock's decline. Mr. Paredes said the rule, a response to speculative activity that drove down some shares in the financial crisis, was "rooted in conjecture."
Another unconventional aspect of the Goldman suit was surprise. The SEC normally gives firms under investigation a chance to settle, but Goldman officials said the Friday move came as a bolt from the blue.
SEC officials said the agency followed standard practice in the case and called the timing unrelated to external events.
There have been skirmishes in past Wall Street cases over the input of SEC commissioners. In 1994, the SEC filed civil administrative proceedings against three former executives at Kidder, Peabody Group Inc. after a bond scandal at the firm.
Two of the executives argued that the SEC improperly filed the case without a quorum of commissioners. It was the first time in SEC history that it filed a major civil administrative case with a vote of just two of its five commissioners. An SEC administrative law judge rejected the argument and the case proceeded.
Democrats have been citing the SEC's action against Goldman to press the case for their financial overhaul. Republicans said the Democrats' plan for new financial rules would only make it easier for big banks that run into trouble to secure government bailouts in the future. Journal Community
In a letter to be sent Tuesday to the SEC, Rep. Darrell Issa (R., Calif.) plans to ask the agency why the Goldman case was brought as the financial-regulation bill was pending, according to Mr. Issa's spokesman.
"Democrats are desperate to cast Wall Street as the villain so they won't be held accountable for the country's economic condition," Mr. Issa said. "It must be nice for the Democrats that the SEC's filing against Goldman Sachs so conveniently fits into their political agenda."
The White House said Monday it had no advance notice of the Goldman action. Spokesman Robert Gibbs said the case for an overhaul rested on Wall Street's actions over years that contributed to the crisis, not the specifics of the Goldman case. "There was plenty of evidence Friday morning before the SEC got involved of the need to create new rules of the road," he said.
Meanwhile, two Democratic members of Congress urged the SEC to force Goldman to return funds it got from American International Group Inc. if the insurer sold default protection based on fraudulent conduct by Goldman, according to a letter they circulated on Capitol Hill. AIG had insured about $6 billion of Goldman's "Abacus" CDOs.
AIG has been considering potential claims against Goldman and other Wall Street banks over soured mortgage securities that led to heavy losses, according to a person familiar with the matter. Even before Friday's lawsuit against Goldman was filed, government-controlled AIG had been scrutinising mortgage asset pools and securities it previously bought or insured for any evidence that the structures were created or sold fraudulently by investment banks, this person said. No cases are imminent, the person added. —Serena Ng contributed to this article.
Write to Kara Scannell at firstname.lastname@example.com
To view Goldman Sachs defence document please follow the link http://bit.ly/9mWv61


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United States District Court, Northern District of Illinois
October 18, 2011
HODUL, ET AL.v.MIDWEST GENERATION, LLC
For the reasons set forth below, the Court grants Midwest Generation's motions to dismiss for lack of subject matter jurisdiction. [No. 11-cv-3520, 14; No. 11-cv-3524, 13.] Cases 11-cv-3520 and 11-cv-3524 are both dismissed without prejudice.
O[ For further details see text below.] Docketing to mail notices.
On May 25, 2011, two separate groups of Plaintiffs (collectively, "Plaintiffs") sued Defendant Midwest Generation, LLC ("Midwest Generation") on behalf of themselves and all others similarly situated. Plaintiffs allege that Midwest Generation's operation, maintenance, and control of two of its Illinois coal-fired electrical generation facilities has unreasonably interfered with their property rights. On October 6, 2011, the Court granted Midwest Generation's motion to reassign case number 11-cv-3524 to this Court as a related case. [See No. 11-cv-3520, 27.]
On August 19, 2011, Midwest Generation moved to dismiss Plaintiffs' complaints in both cases for lack of subject matter jurisdiction. Midwest Generation claims that diversity of citizenship does not exist here because Midwest Generation, like Plaintiffs, is an Illinois citizen.
When a party moves for dismissal under Federal Rule of Civil Procedure 12(b)(1), challenging the factual basis for jurisdiction, "the movant may use affidavits and other material to support the motion." United Phosphorus, Ltd. v. Angus Chem. Co., 322 F.3d 942, 946 (7th Cir. 2003). In such a case, the Court may look beyond the pleadings and "weigh the evidence to determine whether jurisdiction has been established." Id. As the party asserting federal jurisdiction, Plaintiffs bear the burden of proof, and must establish jurisdiction by a preponderance of evidence. Meridian Sec. Ins. Co. v. Sadowski, 441 F.3d 536, 543 (7th Cir. 2006).
In their complaints, Plaintiffs rely solely on diversity jurisdiction as the basis for federal jurisdiction. For jurisdiction to be founded on diversity of citizenship, there must be complete diversity -- i.e., no plaintiff can be a citizen of the same state as any defendant. See Muscarello v. Ogle County Bd. of Comm'rs, 610 F.3d 416, 424 (7th Cir. 2010). Here, the parties agree that "all Plaintiffs named and unnamed" are citizens of Illinois.[FN 1] The parties disagree, however, about the citizenship of Midwest Generation. In their complaints, Plaintiffs assert that Midwest Generation is "a corporate entity of the State of Delaware" and that its "primary business address" is in Illinois. Confronted with Midwest Generation's motions to dismiss, however, Plaintiffs now claim that Midwest Generation is a citizen of Delaware and California.
[FN 1] Plaintiffs improperly pleaded residence, not citizenship of the Plaintiffs, which is enough for the Court to dismiss Plaintiffs' complaints. See Guar. Nat'l Title Co., Inc. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996) ("When the parties allege residence but not citizenship, the court must dismiss the suit."). Nevertheless, because Plaintiffs' civil cover sheets list Plaintiffs as citizens of Illinois and because the parties agree that Plaintiffs are all citizens of Illinois, the Court will proceed with its analysis of Defendant's citizenship.
Midwest Generation first contends that the Court must dismiss Plaintiffs' complaints because "Plaintiffs' failure to plead California citizenship is fatal to that theory." [11-cv-3520, 26 at 2.] While it is true that "[j]urisdiction may not be sustained on a theory that the plaintiff has not advanced," Merrell Dow Pharm., Inc. v. Thompson, 478 U.S. 804, 809 n.6 (1986), "the rule in this circuit has been that the court's discretion to dismiss for lack of subject matter jurisdiction when the plaintiff could have pleaded the existence of jurisdiction and when in fact such jurisdiction exists, should be exercised sparingly." Muscarello, 610 F.3d at 425 (quotation omitted). In light of this rule, the Court will assess the citizenship of Midwest Generation to determine in fact whether it is a California citizen for diversity purposes.
To determine the citizenship of Midwest Generation, a limited liability company, the Court looks to the citizenship of each of its members. Wise v. Wachovia Sec., LLC, 450 F.3d 265, 267 (7th Cir. 2006). The sole member of Midwest Generation is Edison Midwest Holding Co. ("Midwest Holdings"), a Delaware corporation. (See Claybaugh Decl., Ex. 1 at 4, 25.) Thus, for purposes of diversity jurisdiction, the citizenship of Midwest Generation is the citizenship of Midwest Holdings. See, e.g., Bishop v. Bayer Corp., No. 09-2100, 2011 U.S. Dist. LEXIS 30241, at *8 (S.D. Ill. Mar. 22, 2011). Under § 1332(c)(1) of title 28, United States Code, a corporation like Midwest Holdings is a citizen of "any State by which it has been incorporated and of the State where it has its principal place of business * * *." See also Wachovia Bank v. Schmidt, 546 U.S. 303, 306 (2006). Accordingly, Midwest Holdings is a citizen of Delaware, where it is incorporated, and wherever it has its principal place of business.
In the Seventh Circuit, a corporation's principal place of business is the location of its "nerve center," "or, more concretely, where its executive headquarters are located." Ill. Bell Tel. Co., Inc. v. Global NAPs Ill., Inc., 551 F.3d 587, 590 (7th Cir. 2008). In applying the "nerve center" test, the Court considers the following factors: "the place where corporate decisions are made, where the corporation is funded, where its general counsel, directors, officers and shareholders are located, where the primary bank account exists, and the place of its principle office and corporate headquarters." Chicago Dist. Council of Carpenters Welfare Fund v. Caremark RX, Inc., No. 04 C 5868, 2005 WL 1950668, at *1 (N.D. Ill. Aug. 10, 2005).
Midwest Holdings is a true holding company that has no employees and conducts no operations. (Claybaugh Decl. ¶ 4.) Instead, it delegates management of Midwest Generation to Midwest Generation itself through Midwest Generation's board of directors and officers. (Id.) Midwest Generation's corporate headquarters and principal executive offices are in Illinois. (Id. ¶ 6; id. Ex. 1 at 2, 4.) Its executives, including its president, various vice presidents, and corporate counsel, work in its offices in Bolingbrook and Chicago, Illinois. (Id. ¶ 7.) From Illinois, Midwest Generation's executives "purchas[e] fuel and other inputs * * *, schedul[e] maintenance, manag[e] environmental compliance, mak[e] employment and other human resource decisions, procur[e] * * * goods and services, and manag[e] construction and technical services activities." (Id. ¶ 8.) Further, Midwest Generation's primary bank account is located in Illinois. (Id. ¶ 9.) Thus, as the record makes clear, Midwest Generation's, and therefore Midwest Holdings,' "nerve center," and principal place of business, is located in Illinois.
Despite this evidence, Plaintiffs contend that Midwest Holdings' principal place of business is California. For support, Plaintiffs point to 1) the fact that Midwest Generation is registered in Illinois as a foreign corporation with its principal office in California [see 11-cv-3520, 24, Ex. 1]; and 2) the fact that Midwest Holdings is a wholly-owned subsidiary of Midwest Generation EME, LLC, which is a wholly-owned subsidiary of Edison Mission Energy, which is, in turn, an indirect wholly-owned subsidiary of Edison International. (Claybaugh Decl., Ex. 1 at 4.) According to Plaintiffs, because Edison International is a California citizen, Midwest Holdings (and Midwest Generation) is a California citizen.
These facts, however, do not make Midwest Holdings a citizen of California for diversity purposes. First, as noted above, to determine a corporation's principal place of business, the Court looks to the location of its executive headquarters, not to the place identified on a Secretary of State's website as a company's "Principal Office." Indeed, as Midwest Generation points out, the address listed on the Illinois Secretary of State's website is the address of Edison Mission Energy, a parent company of Midwest Holdings, which coordinates official corporate filings for its subsidiaries. (Id. ¶ 5.) Further, the information on the Illinois Secretary of State's website is contradicted by Midwest Generation's Securities and Exchange Commission Form 10-K from 2010, which reflects that Midwest Generation's corporate headquarters and principal executive offices are located in Illinois. (Id. ¶ 6; id.,Ex. 1 at 2, 4.)
Second, the principal place of business of Midwest Holding's parent companies has no bearing on the Court's determination of its citizenship here. Indeed, "subsidiaries may have their own principal place of business separate and apart from the parent corporation when they are independently operated and controlled." Parkside Med. Servs., Inc. v. Lincoln West Hosp., Inc., No. 89 C 2233, 1990 WL 71276, at *1-2 (N.D. Ill. Apr. 27, 1990) (concluding that the principal place of business of a subsidiary was in Illinois, even though it was wholly owned by a Georgia corporation); Chicago Dist. Council of Carpenters Welfare Fund, 2005 WL 1950668, at *2 (stating that a subsidiary corporation that is incorporated as a separate entity from its parent corporation has its own principal place of business unless it is not really a separate entity). Thus, even if one or more of Midwest Holdings' parent companies are California citizens, because it is independently operated and controlled by executives located in Illinois, and because Plaintiffs have not alleged that it is merely the alter ego of one of its parent corporations, it is an Illinois citizen for purposes of diversity jurisdiction. See, e.g., Chicago Dist. Council of Carpenters Welfare Fund, 2005 WL 1950668, at *3 (concluding that a subsidiary corporation did not take on the principal place of business of its parent corporation where the plaintiff failed to establish the facts required to prove that the subsidiary was an alter ego).
After reviewing the evidence submitted by both parties, the Court concludes that Midwest Holdings -- and, therefore, Midwest Generation -- is a citizen of both Delaware and Illinois for purposes of diversity jurisdiction. Because Plaintiffs and Midwest Generation are all citizens of Illinois, Plaintiffs have not met their burden of proving complete diversity by a preponderance of the evidence. Accordingly, the Court grants Midwest Generation's motions to dismiss for lack of jurisdiction. [No. 11-cv-3520, 14; No. 11-cv-3524, 13.] Cases 11-cv-3520 and 11-cv-3524 are both dismissed without prejudice.
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New Jersey Supreme Court
Decided: July 7, 1964.
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.RALPH COOLACK, DEFENDANT-APPELLANT
For reversal -- Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Schettino and Haneman. For affirmance -- None.
[43 NJ Page 15]
The question is whether two indictments for murder should be dismissed because defendant allegedly was not afforded a speedy trial. The trial court denied defendant's motion to dismiss and we granted him leave to appeal.
On December 3, 1949 defendant entered a tavern and in a matter of moments shot Arthur Poole, his wife Irene Poole and Homer Luhman. Arthur and Irene Poole died almost instantly, and Luhman succumbed several months later. Three separate indictments for murder were returned.
Defendant was tried for the murder of Arthur Poole. The verdict, returned on June 23, 1950, was murder in the first degree, and defendant was sentenced to imprisonment for life pursuant to the jury's recommendation.
On September 15, 1951 defendant was noticed for trial for the murder of Irene Poole. Defendant moved to dismiss that indictment and also the indictment for the murder of Luhman on the ground of double jeopardy. His motion was denied on December 4, 1951. State v. Coolack, 17 N.J. Super. 192 (Cty. Ct. 1951).
[43 NJ Page 16]
No further action was taken until June 12, 1963 when defendant made the motion to dismiss involved in the present appeal.
Defendant asserts the State's inaction deprived him of his constitutional right to a speedy trial. The rule in this State and the general rule elsewhere is that the right to a speedy trial is the right to move for such a trial and to have the indictment dismissed if the State fails to prosecute it at a time for trial fixed by the court. State v. Masselli, 43 N.J. 1 (1964), decided this day; State v. Smith, 10 N.J. 84, 93 (1952); State v. Appice, 23 N.J. Super. 522, 528 (App. Div. 1952), affirmed 13 N.J. 286 (1953), cert. denied 346 U.S. 939, 74 S. Ct. 380, 98 L. Ed. 427 (1954); State v. O'Leary, 25 N.J. 104, 111 (1957); State v. Dandridge, 37 N.J. Super. 144 (App. Div. 1955); State v. Von Atzinger, 81 N.J. Super. 509, 512-513 (App. Div. 1963); Annotation, 57 A.L.R. 2 d 302, 306 (1958). Although the rule is sometimes stated in terms of "waiver," i.e., that the failure to press for a trial evidences a waiver of the right, we prefer to say, in direct terms, that the right is simply to move for a trial date and for a dismissal if the State fails to proceed at the time fixed by the court.
We are not persuaded to depart from this statement of the constitutional right. It is the court, rather than the prosecutor, that controls the trial calendar, and the State and the defendant have the equal right to seek a trial date, at least after the expiration of the time period stated in R.R. 3:11-3(b):
"At any time after 6 months following the return of an indictment or the filing of an accusation, the Assignment Judge may direct that the trial of the indictment or accusation shall be moved upon a day specified. Upon failure of the prosecuting attorney to comply with such order, the Assignment Judge may order the indictment or accusation dismissed, which dismissal shall be the equivalent of a judgment of acquittal."
Defendant never moved for a trial.
[43 NJ Page 17]
Generally time favors defendants. At least most defendants think so, and the burden of proof being on the State, the common assumption is probably correct. Hence it is unusual for a defendant to press for an early trial. A case can be made for the view that the prosecution alone should be obliged to seek a trial date, but that approach involves considerable difficulty. Unless some express time limit were set, the result under that view would have to turn upon the existence of prejudice either as the sole test or as a factor to be weighed with the reasons for the State's delay. Prejudice could be an elusive thing in this setting, for it is easy to claim the loss of witnesses, cf. State v. Appice, supra (23 N.J. Super., at p. 528), and State v. Dandridge, supra (37 N.J. Super., at p. 148), and frequently that claim could not be resolved without also deciding the primary issue of defendant's guilt. It is at least a more certain and more workable rule to require a defendant to move for a trial date, and overall we see no real unfairness in the requirement. Nonetheless both in Smith, supra, 10 N.J., at p. 90, and in O'Leary, supra, 25 N.J., at p. 112, we intimated the possibility that a plain case of prejudice coupled with an unexplained delay of many years might require a dismissal of an indictment.
We believe the present case is exceptional and that the indictments should be dismissed in its special circumstances. The State offers no explanation for the delay and one rather suspects that long ago the prosecution decided the life sentence already imposed satisfied the public's interest. Several witnesses who testified at the 1950 trial are no longer available either because of death or mental incompetence. None of the witnesses was essential except Dr. Riggs, now deceased, the sole psychiatrist to testify in support of defendant's claim of insanity. It is true that his testimony could be read. It is also true that a jury rejected that testimony. Still defendant would be entitled to another go at his claim of insanity and upon that issue the written word would hardly equal live testimony. Thus we
[43 NJ Page 18]
know that defendant lost an important witness; we are not asked to accept the mere say-so of a defendant that someone now deceased would have supported him. Finally, defendant is already under a sentence for life, and although upon a second conviction, a consecutive sentence of life could be imposed, State v. Maxey, 42 N.J. 62 (1964) (we assume that no one would consider a death sentence at this late date), still the public interest can be fully served by the parole board under the existing sentence.
N.J.S.A. 30:4-123.14 provides:
"No prisoner shall be released on parole merely as a reward for good conduct or efficient performance of duties assigned while under sentence, but only if the board is of the opinion that there is reasonable probability that, if such prisoner is released, he will assume his proper and rightful place in society, without violation of the law, and that his release is not incompatible with the welfare of society."
In determining whether release on parole is compatible with the welfare of society, the parole board must take into account the totality of the prisoner's conduct. There is no question whatever that defendant killed Mrs. Poole and Mr. Luhman; the sole issue at the 1950 trial was the claim of insanity.
In view of these circumstances we think it would be unreasonable to move the remaining indictments at this late date. The order is set aside and the matter remanded with directions to dismiss the indictments.
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Very quickie sketch of Jeanine (in a human 'disguise'), thus the victem of my latest attempt at markers. I actually like this one; it's my first decent marker pic yet, despite the crappy sketch underneath.
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A married mainlander chopped his lover more than 200 times and left her to die after he found a used condom outside their flat, the High Court heard yesterday.
Shopkeeper Yeung Sau-yu, 35, did not die immediately after Liang Yaoqiang hacked her in their Cheung Sha Wan flat on September 12, 2009, the prosecution said.
But she succumbed to her injuries after Liang left her helpless and bleeding on the ground and went to take a shower to wash away the blood on himself before fleeing the scene.
"This is somebody whom he claimed he loved. He just left her to die," prosecutor Phil Chau told the court, which heard that Liang turned violent on Yeung after confronting her with a used condom he had found in the stairwell outside their flat.
During the heated argument, Yeung admitted to an affair with another man, but refused to disclose his identity.
The court heard that Yeung's new lover was in fact another married man - minibus driver Chan Pak-shing, who frequented the Sham Shui Po store where Yeung worked.
Liang has pleaded not guilty to murdering Yeung.
The prosecutor said Liang, who was married with a daughter, met Yeung, who was also married, in Jiangmen, Guangdong, in 2008. The three moved to Hong Kong in April 2009, shortly before Yeung divorced her husband.
The court heard that on the day before the fatal attack, Yeung and her new lover had sex twice in the flat before going out.
When Yeung returned home after midnight, Liang confronted her with the used condom and began attacking her, the prosecution said. "She was in pain. She cried for help and he stopped her by grabbing her neck," Chau said.
The trial continues.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
Pike River Technical Case Study
Pike Rivera Technical Case Study
The strategy of PRCM management was to outsource most aspects of the mine design (including the mine electricity supply and ventilation) and the operation of the mine (including constructing the mine, extracting the coal, and financial, environmental and safety processes). Drawing on strategic management principles, explain why this management strategy would have been adopted and explain the problems of this approach.
Drawing on the strategic management principles, this strategy would have been adopted because PRCM's long-term mine plan had been to mature roadways to the north-west corner of the mine, and then once that has been done, establish a second intake and create hydro mining in that area, and for mining to retreat back to pit bottom over the life of the mine -- about 19 years. The plan would have been adopted because the second intake, had it been developed, would have doubled as a walkout door which would have been from the mine and likewise improved the competence of the ventilation system. This plan would have been adopted for the reason that the original mine plan specified two main fans which were situated on the foot hill which were next to a ventilation shaft.
With the strategy of PRCM management to outsource most aspects of the mine design, the company would decide to move the fans underground in stone at the bottom of a ventilation shaft. It outsourced most aspects of the mine design by placing a main fan underground in a gassy coal mine which turned out to be a world first, where it could not be reached in the event of a tragedy. It outsourced most aspects of the mine design because the fan's motor and other items of electrical equipment underground were not intended to be flameproof, and could function only in fresh air. However, there was some problem with this approach. In spite of early plans to be able to pre-drain methane from the coal seam before mining was able to start, this hadn't occurred. As an alternative, gas was bled out of the seam from the in-seam drill holes that the corporation relied on to discover where the coal seam lay, and drained through a pipeline the business knew to be insufficient and over pressured.
There is a problem of this approach because a ventilation consultant and some Pike staff voiced opposition, nonetheless the decision was not looked into good enough. The fan meaningfully increased Pike's ventilation volume, at any rate in the short-term. With that said, this was a problem with the outsourcing because the board received a monthly report covering a health and safety element. It did not cover the hazards pertinent to a disastrous event for example an explosion. Again, the problems of this approach was that the board did not measure critical design and health and safety matters. To make matters worse with this approach, the mine manager attended a board meeting four days before the burst and told the directors that gas management was 'more a bother and day-to-day operational consideration than an important issue or barricade to operations'. However, the board was not well placed to measure this reassurance specified their lack of operational information. Pike's mine management strategies and procedures needed substantial attention. The health and safety management plan was mainly in draft, partially while expecting technical contribution from other managers.
Investigations into the disaster clearly point to poor management decision-making as contributing factors. Drawing on two functions of management (planning and leading) discuss some examples of poor management decisions.
It is obvious that when it comes to business, many organizations such as in this case place a huge amount of reliance on individuals to do their jobs correctly, and they depend on us to do the same thing. But then again how often is that trust and reliance out-of-place? When it comes to the Pike River Case, two of the three planks that individuals trust on to support good workplace safety -- regulators and unions -- were successfully missing. There was a union operating at the mine but it was not making the proper decisions. The union influence had been harshly damaged by New Zealand's industrial legislation and the aggressive approach of the corporation's management. The union was feeble and only acted once to take the men out of the mine -- despite the clear dangers (Royal Commission into the Pike River Coal Mine Tragedy, 2010).
When it came down to the second plank, it did offer any real support from the law. Over two decades New Zealand's mines inspectorate service had turn out to be so run down it was efficiently neutralised by the time of the accident (Davidson, 2013). Therefore, the "umbrella of protection" individuals might expect the regulator to provide merely did not be present. That meant the lone plank left supporting safety at the mine was the corporation, and as events showed the company couldn't be depended on o either.
The case has a lot of instances of just poor management for instance with the gas. Because the management was not good when covering the gas, the initial explosion was able impair the mine's gas drainage line, producing methane gas to start gathering in the mine right away. This was important to find out because there could have been a potential ignition source that would have let them know that it was too dangerous for rescuers to go into the mine. (New Zealand Parliament Hansard, 2006)
It was initially foretold to take several days before the mine was safe enough for rescuers to enter, (MacFie, 2013) as the gases inside were feared to be explosive but management did a poor job of making sure that this was handled right. To begin with testing at the mine ventilation shaft was hindered by heavy clouds, stopping helicopter admission, and staff were going to have to walk in over rough land, as the shaft does not have road admittance. (New Zealand Parliament Hansard, 2006)
There was seismic equipment that was attached to tubes at the tunnel mouth to sense movement in the mine but management did not check this accurately either. With tests still not giving clearance for rescuers to enter the mine, an effort was made to come into the mine utilizing a bomb removal robot given by the New Zealand Defence Force. The robot failed just 650 metres (1,700 ft.) into the mine due to water ingress and poor monitoring. There was sources recognized that while the robot was proficient of functioning in rain, it had "efficiently [been] hit by a waterfall," short-circuiting it. (Royal Commission into the Pike River Coal Mine Tragedy, 2010)A second NZDF bomb disposal robot was putt on stand-by to enter but this was poorly done as well. This robot had been fixed with extra batteries and other device to try to evade the difficulties which hit the first robot. This was not good because management was responsible with making sure that the robots were operating correctly. The robots entered the mine were not supervised correctly. The use of three robots was unparalleled in mine rescue during that time so it was sort of a new thing. The use of United States mining rescue/exploration robots was also being looked into though the second explosion later that day successfully finished the robot efforts.
Later on 24 November it was described that a drill started from above the horizontal mine (Royal Commission into the Pike River Coal Mine Tragedy, 2010) had reached to the mine chamber, discharging hot gas. Then later on in the day it was reported exploration presented 95% methane. (MacFie, 2013)A camera, introduced into a safe refuge in the mine, discovered no evidence of human action.
PRCM faced many challenges developing a new mine in a mountainous area with difficult geological conditions because of the poor management. The company's knowledge of the geology and the extent and location of the coal seam was founded on an initial 15-borehole exploration agenda, complemented by a similar number of wells drilled next. These provided inadequate geological information, which led to opposing unexpected ground circumstances hindering mine development because of poor management. Building of the drift took much longer than expected. Because management did not do close watching, interruptions were caused by a down thrust among faults (called a graven), which produced a zone of sandstone rather than coal, and the failure of the bottom unit of the ventilation shaft throughout construction. The collapse meant that a bypass had to be constructed to rewire to the upper part of the shaft about 60m above the pit bottom.
Poor management skills also go back to the time of the accident Pike River when it was well behind on its production targets and it was also under substantial financial pressure. And for a variety of motives there were a quantity of people working at the mine that actually weren't up to the job. For instance, at the time of the explosion, the person…[continue]
"Hcahps Scores" (2014, September 30) Retrieved December 5, 2016, from http://www.paperdue.com/essay/hcahps-scores-192288
"Hcahps Scores" 30 September 2014. Web.5 December. 2016. <http://www.paperdue.com/essay/hcahps-scores-192288>
"Hcahps Scores", 30 September 2014, Accessed.5 December. 2016, http://www.paperdue.com/essay/hcahps-scores-192288
Hcahps Scores HCAHPS (Hospital Consumer Assessment of Healthcare Providers and Systems) is a national survey that asks patients in regards to their experiences during a recent hospital stay Phoebe Putney Memorial Hospital in Albany, Ga. Compare the scores to state and national averages Phoebe Putney Memorial Hospital when compared to the state and national average, it is clear that they have the highest score with state coming in last. It appears that when
Medication Communication Cliff, Barbara (2012). "Excellence in Patient Satisfaction within a Patient-Centered Culture." Academic journal article from Journal of Healthcare Management, Vol. 57, No. 3. This article can be used to explain how the scores of HCAHPS has become an important consideration among the healthcare leaders. Furthermore, this resource is also important because it explains the Value-Based Purchasing program that would be implemented nationwide in the fiscal year 2013 for better
Healthcare System Survey Data Healthcare System's Survey Data This report uses the HCAHPS "(Hospital Consumer Assessment of Healthcare Providers and Systems)" scores (Medicare Gov, 2014 p1) to develop the strategic plan for the University of Alabama Hospital. The objective of analyzing the HCAHPS scores of the organization is to enhance an improvement for the hospital. The essence of the NCAHPS is to use the scores of the organization and compare them with
business plan provides a process change for bedside patient handoffs at Samaritan Medical Center, Watertown, New York. An overview of the medical center is followed by its mission and vision statements, and organizational values. A discussion of the assumptions involved together with a breakdown of associated costs involved in the business plan are followed by a discussion of the importance of timely patient handoffs and a description of the
Caregiver Burnout and Compassion Fatigue Caregiver Compassion Fatigue Those who care for others as part of their professional duties must understand the nature of caregiver fatigue and the basics of caring for oneself. Generally, the focus of a caregiver remains on the care recipient to such a degree that personal limitations are ignored and self-care principles are shunted to the background. Caregivers rarely have realistic expectations about the long-term impact of caregiving,
An additional issue which is due for consideration is the ethical treatment of the nursing professional, including the respect for her privacy and adherence to legal responsibilities relating to the treatment of drug addiction in employees. There is a need to find balance between decisive action and the troubling code of silence which sometimes persists in medical facilities. According to the text by Dunn (2005), "many nurses choose to remain
Findings from several research studies show that when computer software and classroom manipulatives were compared, "the computer software was found to be the more effective means of skill building in young children" (Hitchcock and Noonan, 2000). The key, it appears, is the judicious use of technology and the timeframe in which computers are used. Computer software can be used as a learning tool, but disguised as a game. Further


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July 11, 2011
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.BERNARD YOUNGKIN, A/K/A BERNARD YOUNGKIN, JR., DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment No. 06-04-1419.
Submitted May 3, 2011
Before Judges Messano and Waugh.
Defendant Bernard Youngkin appeals the denial of his petition for post-conviction relief and for leave to withdraw his guilty plea to criminal restraint. We affirm.
We discern the following facts and procedural history from the record on appeal.
In September 2005, Youngkin's niece and her boyfriend reported to the police that shortly after they moved into Youngkin's one-bedroom apartment in August 2005, Youngkin tied the niece to a chair, duct taped her mouth, pulled off her clothing, and ordered the boyfriend to engage in oral sex with her while he watched. The boyfriend did so, claiming that he was afraid he would be kicked out of the house if he refused. The boyfriend asserted that Youngkin rubbed his niece's breasts while he was engaging in oral sex, and that he also pinched her nose shut while her mouth was taped.*fn1
Youngkin was indicted on April 18, 2006. The indictment charged the following offenses: first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(5) (count one); third-degree criminal restraint, contrary to N.J.S.A. 2C:13-2(a) (count two); third-degree aggravated criminal sexual contact, contrary to N.J.S.A. 2C:14-3(a) (count three); third-degree aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(7) (count four); fourth-degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3(b) (count five); fourth-degree criminal sexual contact, contrary to N.J.S.A. 2C:14-3(b) (count six); and third-degree criminal coercion, contrary to N.J.S.A. 2C:13-5(a)(7) (count seven).
On September 5, 2006, Youngkin pled guilty to the second count of the indictment, which alleged criminal restraint. In exchange, the remaining counts were to be dismissed and the State agreed to recommend a five-year custodial sentence. The judge found Youngkin's plea knowing and voluntary. By way of factual basis, Youngkin admitted that he had tied his niece to a chair, duct taped her mouth, and thereby exposed her to serious injury.
The sexual aspect of Youngkin's conduct was not mentioned as part of the factual basis for the plea. In addition, the possibility of civil commitment pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, was not discussed with Youngkin when the judge explained the consequences of the plea or by his attorney prior to the plea.
Youngkin was sentenced in accordance with the plea agreement in October 2006. In 2007, he filed a motion for reconsideration of the sentence, which was denied. Neither the sentence nor the denial of the motion for reconsideration was appealed.
Prior to Youngkin's release from prison, the State filed a petition seeking his civil commitment under the SVPA. An order for temporary commitment was entered on February 3, 2009. Youngkin filed a motion to preclude consideration of his conviction for criminal restraint in connection with the civil commitment. That motion was denied on April 8, 2009.*fn2
In May 2009, Youngkin filed a pro se petition for PCR, seeking to have the conviction set aside and to withdraw his guilty plea. PCR counsel subsequently filed a brief, contending that Youngkin's defense attorney was ineffective because he failed to advise Youngkin that the guilty plea might subject him to civil commitment under the SVPA.
Oral argument on the petition was held on March 12, 2010, before Judge Louise Donaldson, the judge who had taken the plea. She determined that, because Youngkin had not been pleading guilty to a predicate sexual offense listed in N.J.S.A. 30:4-27.26(a), the defense attorney was not ineffective for failing to warn him that the State might seek civil commitment pursuant to N.J.S.A. 30:4-27.26(b). That provision permits the State to premise civil commitment on non-predicate offenses under certain circumstances. The judge relied on State v. Bellamy, 178 N.J. 127 (2003) in reaching her conclusion.
The judge also found that Youngkin had not satisfied the factors set forth in State v. Slater, 198 N.J. 145 (2009) for the withdrawal of a guilty plea following sentencing. Consequently, she dismissed the petition. The implementing order was filed the same day.
This appeal followed.
On appeal, Youngkin raises the following issues:
POINT III: DEFENDANT HAS PRESENTED PRIMA FACIE EVIDENCE REQUIRING HE BE GRANTED AN EVIDENTIARY HEARING ON THE MATTER. "Post-conviction relief is New Jersey's analogue to the federal writ of habeas corpus." State v. Preciose, 129 N.J. 451, 459 (1992). Under Rule 3:22-2, there are four grounds for PCR:
(a) Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey;
(b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction;
(c) Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law . . . .
(d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.
"A petitioner must establish the right to such relief by a preponderance of the credible evidence." Preciose, supra, 129 N.J. at 459. To sustain that burden, specific facts which "provide the court with an adequate basis on which to rest its decision" must be articulated. State v. Mitchell, 126 N.J. 565, 579 (1992).
Claims of ineffective assistance of counsel are well suited for post-conviction review, and petitioners are rarely barred from raising such claims in petitions for PCR. R. 3:22-4(a); Preciose, supra, 129 N.J. at 459-60. Merely raising such a claim does not, however, entitle a defendant to an evidentiary hearing. State v. Cummings, 321 N.J. Super. 154, 170 (App. Div.), certif. denied, 162 N.J. 199 (1999). Rather, the decision to hold an evidentiary hearing on a defendant's ineffective assistance of counsel claim is within the trial court's discretion. Ibid.
Trial courts should grant evidentiary hearings and make a determination on the merits of a defendant's claim only if the defendant has presented a prima facie claim of ineffective assistance. Preciose, supra, 129 N.J. at 462-64. In determining whether a prima facie claim has been established, the facts should be viewed in the light most favorable to a defendant. Id. at 462-63.
To establish a prima facie claim of ineffective assistance of counsel, a defendant must demonstrate a reasonable likelihood of success under the test set forth in Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984). Under the first prong of the Strickland test, a defendant must show that defense counsel's performance was deficient. Ibid. Under the second prong, a defendant must demonstrate "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698. The two-part test set forth in Strickland was adopted by this State in State v. Fritz, 105 N.J. 42, 58 (1987).
In demonstrating that counsel's performance was deficient under the first prong of Strickland, defendant must overcome "'a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance.'" Fritz, supra, 105 N.J. at 52 (quoting Strickland, supra, 466 U.S. at 689, 104 S. Ct. at 2065, 80 L. Ed. 2d at 694). Further, because prejudice is not presumed, id. at 52, a defendant must demonstrate "how specific errors of counsel undermined the reliability" of the proceeding. United States v. Cronic, 466 U.S. 648, 659 n.26, 104 S. Ct. 2039, 2047 n.26, 80 L. Ed. 2d 657, 668 n.26 (1984).
A defendant must establish a prima facie claim of ineffective assistance of counsel in order to obtain an evidentiary hearing. Preciose, supra, 129 N.J. at 462. We are satisfied that no evidentiary hearing was required in this case because, for the reasons explained below, we have concluded that Youngkin failed to present a prima facie case of ineffective assistance of counsel.
With that background, we turn to the issue of whether defense counsel was constitutionally ineffective because he did not advise Youngkin that SVPA civil commitment could be sought on the basis of a non-predicate offense.
In Bellamy, supra, 178 N.J. at 139, a case also involving a PCR petition filed after the defendant faced SVPA civil commitment, the Supreme Court held:
When the consequence of a plea may be so severe that a defendant may be confined for the remainder of his or her life, fundamental fairness demands that the trial court inform defendant of that possible consequence. The failure of either the court or defense counsel to inform defendant that a possible consequence of a plea to a predicate offense . . . is future confinement for an indefinite period deprives that defendant of information needed to make a knowing and voluntary plea. [(Emphasis added).]
Unlike the defendant in Bellamy, Youngkin did not plead guilty to one of the "predicate offenses" listed in N.J.S.A. 30:4-27.26(a). Indeed, sexual misconduct is not an element of criminal restraint.
The State sought Youngkin's civil commitment under N.J.S.A. 30:4-27.26(b), which allows commitment based on "any offense for which the court makes a specific finding on the record that, based on the circumstances of the case, the person's offense should be considered a sexually violent offense." Youngkin has cited no case requiring either the court or defense counsel to notify a defendant entering a guilty plea to a non-predicate offense that there may be SVPA consequences in the future. We have found no such case.
We note that, at the time of Youngkin's plea and sentencing, no reported case had upheld a civil commitment based upon a non-predicate offense. The first such cases were decided in 2007. In re Civil Commitment of J.M.B., 395 N.J. Super. 69 (App. Div. 2007), aff'd, 197 N.J. 563, cert. denied, ___ U.S. ___, 130 S. Ct. 509, 175 L. Ed. 2d 361 (2009); In re Civil Commitment of J.P., 393 N.J. Super. 7 (App. Div. 2007).
Given the state of the law and the non-sexual nature of the offense to which Youngkin pled guilty, we concur with Judge Donaldson's conclusion that Youngkin failed to demonstrate a prima facie case under the first prong of Strickland. We see no basis in fact or law to conclude that his defense attorney's performance was deficient.
We also conclude that Youngkin failed to establish a prima facie case under the second prong of Strickland. Had he been informed that the State would be able to seek civil commitment under N.J.S.A. 30:4-27.26(b), Youngkin would have been faced with the choice of accepting the plea or going to trial on the entire indictment, which included several counts charging predicate offenses under N.J.S.A. 30:4-27.26(a). In addition to more clearly exposing himself to civil commitment, those charges would have exposed Youngkin to considerably more prison time than had been offered under the plea agreement. Youngkin would also have had to consider the effect on a jury of his admission that he generally engaged in the conduct alleged, and whether the jury would have credited the assertion in his statement that his niece and her boyfriend were willing participants. For those reasons, we are not persuaded that Youngkin would have chosen not to enter the plea. Consequently, he has not demonstrated that there was "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, supra, 466 U.S. at 694, 104 S. Ct. at 2068, 80 L. Ed. 2d at 698.
Having found that Youngkin's attorney was not constitutionally ineffective, we also conclude that the judge's decision to deny Youngkin's application to withdraw the plea was not an abuse of discretion. Rule 3:21-1 governs motions to withdraw guilty pleas. Generally, the motion must be made before sentencing. R. 3:21-1. If filed prior to sentencing, the motion is "governed by the 'interest of justice' standard in Rule 3:9-3(e)." Slater, supra, 198 N.J. at 158. Post-sentencing motions are governed by the more stringent standard, which is "to correct a manifest injustice." R. 3:21-1; see Slater, supra, 198 N.J. at 158. The burden rests on a defendant to establish why the motion to withdraw his or her guilty plea should be granted. State v. Luckey, 366 N.J. Super. 79, 86 (App. Div. 2004). Moreover, "the trial court has considerable discretion in entertaining such a motion, and our review must recognize the discretion to which the trial court's decision is due." Id. at 87.
Having reviewed Youngkin's arguments with respect to withdrawing the plea, we find them to be without merit and not warranting discussion in a written opinion. R. 2:11-3(e)(2). We affirm essentially for the reasons stated in Judge Donaldson's oral decision.
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2010 Lotus Exige 260 Cup (M)
Seller Information
RM 3,371/month
Key details
Car type Used Car
Make Lotus
Model Exige
Variant 260 Cup
Year 2010
Engine Capacity 1796 cc
Transmission Manual
Seat Capacity 2
Mileage 22862
Colour White
Seller's comments
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Mid-mounted, transverse, 1796cm3 260PS 2ZZ-GE engine, featuring Metal Matrix
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Torque Sensing Limited Slip Differential
0-60 mph 4.0 seconds
0-100 km/h 4.1 seconds
0-100 mph (0-160 km/h) 9.9 seconds
Max Speed 152 mph (245 km/h)
Max Power 257 hp at 8000 rpm (192 kW) (260 PS)
Max Torque 174 lbft at 6000 rpm (236 Nm) (24.1 kgm)
Vehicle Specification
Fully independent sport suspension utilising unequal length wishbones
Eibach coaxial coil springs and front anti-roll bar
Ohlins two-way adjustable dampers
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ABS with servo assisted brakes
308 mm front discs with AP Racing four-piston calipers
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Car loan monthly installment* RM 3,370.71
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Specifications & Equipment
Number of Gears6
Seat Capacity2
AssembledOfficial Import
Engine Specifications
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Peak Power (hp)191
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Direct InjectionMulti-Point Injected
AspirationSupercharged intercooled
Fuel TypePetrol - Unleaded (ULP)
Performance & Economy
Fuel Consumption (L/100km)8.5
Top Speed (km/h)245
Dimensions & Weight
Length (mm)3797
Width (mm)1727
Wheel Base (mm)2300
Fuel Tank (litres)44
Front BrakesVentilated discs
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Front SuspensionIndependent
Rear SuspensionIndependent
Steering TypeRack and Pinion
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Ok- so I am super nervous. I pulled my dd out of a bilingual school to homeschool. I am super nervous but for a lot of reasons I think this is important. I want my kids to speak spanish and I do speak spanish. However, I don't know why I don't just take the jump to start speaking it. Any suggestions on how to introduce it? Or how to transition into speaking this in our home?
How fluent of a Spanish speaker are you? What about the kids? Just wondering how comfortable both you and the kids are in the language. I think the levels of fluency in your family determines how deep you jump in and how you introduce it. If your kids are just starting out, then you may have to speak both English and Spanish in the house slowly replacing the English words with Spanish words they know. Then you could gradually go to full, simple, Spanish sentences. Otherwise, if your kids' understanding of your communication is too limited, they will begin to get frustrated with you and the language.
Do your children watch TV? I'd go full on Spanish on TV, if I were you. My children watch stuff in other languages and they don't seem to mind. Unlike in their communication with a parent, a full on understanding of the language is not essential to enjoy entertainment TV. Bilingual books, apps, computer games should help too.
Good luck with your homeschooling journey
Thanks. I used to be absolutely fluent- but haven't been able to use it for several years so now it is more I can hold a conversation. I am trying to refresh- my idea was to look up what activities we are doing in spanish that day- cleaning, crafts, baking, swimming, etc, and refresh some vocab about that.
I like the idea of playing spanish cartoons/movies and books. I will keep my eye out for some. They do watch pocoyo in spanish sometimes. I could youtube sesame street in spanish too. Thanks!
Ok- so I am super nervous. I pulled my dd out of a bilingual school to homeschool. I am super nervous but for a lot of reasons I think this is important. I want my kids to speak spanish and I do speak spanish. However, I don't know why I don't just take the jump to start speaking it. Any suggestions on how to introduce it? Or how to transition into speaking this in our home?
Does your fam like music much? For me, music is key. I taught myself Spanish from listening to Spanish music. And not just Spanish: French and Portuguese and Hindi too. There is sooo much good Latin music out there of so many kinds. Let me know your favorite English speaking musicians and I'll try to suggest something similar, but Spanish speaking.
Once you get back fluency, you can get your kids into age-appropriate songs and lessons.
Well I already love Juanes. And Shakira. But I hadn't thought of letting the kids listen. Those were songs I listened to so many years ago. I bet I could buy some Spanish kids songs too - a cd - and that would help. Thanks!!
Tengo la camisa negra!
Great song to learn by. I grew up in an extremely musical household of hippies and was only exposed to adult music and still absorbed it all really well as a kid. Good luck!
When my ex fiancé and I broke up (he was from El Salvador and how I became fluent- his mom didn't speak English) I used Mala Gente to get me through!! lol I used to have his cd but I don't know where it is now
First, if your kids still have friends from the bilingual school, I'd recommend doing what you can to keep those relationships going so your kids can practice speaking Spanish with other native speakers, especially peers (this is important because it will be more fun for them, they'll see how important it is to be able to speak Spanish, and will learn the expressions used by people their age). Another way for your kids to interact with Spanish-speaking peers is to have your kids join sports teams or other extra-curriculars where Spanish-speakers are present.
Whenever you go to a Hispanic restaurant, encourage your kids to order in Spanish
If you can, spend some time in a Spanish-speaking community- either a local community, or vacation in a Spanish-speaking country as a family. Here is a cool family immersion program in Costa Rica if you're interested: https://commongroundinternational.co...ish-immersion/
Lastly, find ways to volunteer as a family in Spanish-speaking contexts. For example, my sister always helps out with a local organization called Share-A-Gift that gives out presents at Christmastime and interacts with all the Spanish-speakers that attend.
Hope these ideas are helpful!
We watched Spanish children's programs, made Spanish word labels for objects in our home, used flash cards with a weekly vocabulary, played Spanish bingo and other games. I tried as much as possible to immerse my children with conversational Spanish aslo.
Nowadays, there are several apps that can help with learning Spanish words. Babble has an APP for learning languages. I hope this helps.
Sandra, Wife to Timothy
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