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decided: March 15, 1968.
COMMONWEALTH EX REL. JOHNSON, APPELLANT,v.RUSSELL
Appeal from order of Superior Court, Oct. T., 1967, No. 252, affirming order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1965, No. 59, in case of Commonwealth ex rel. Albert Johnson v. Harry E. Russell, Superintendent.
David Rudovsky, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.
Benjamin H. Levintow, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Musmanno. Mr. Justice Jones and Mr. Justice Cohen concur in the result. Dissenting Opinion by Mr. Justice Eagen. Dissenting Opinion by Mr. Justice Roberts.
[ 428 Pa. Page 441]
On February 11, 1948, Albert Johnson, the petitioner in this case, appeared in court to answer four bills of indictment: one charging him with aggravated robbery, another, burglary with intent to rob and ravish, the third with assault and battery, and the fourth with unlawful possession of burglary tools. He pleaded guilty to the indictment on aggravated robbery and not guilty on the other charges. He was tried, with counsel representing him, by the presiding judge, without jury, and found guilty on all the charges to which he had pleaded not guilty. The court sentenced him on all the indictments to a term of imprisonment of not less than 13 1/2 years nor more than 27 years, beginning as of February 2, 1948.
On August 2, 1962, he was paroled for the balance of his maximum sentence to end February 2, 1975. On September 16, 1962, only six weeks after being paroled, he was arrested and later indicted on several charges. He pleaded guilty to aggravated robbery, assault and battery and aggravated assault and battery by cutting and not guilty to assault and battery, aggravated assault and battery with intent to ravish and indecent assault. He was found guilty of indecent assault, but not guilty of assault and battery with intent to ravish. He was sentenced on the aggravated robbery charge to
[ 428 Pa. Page 442]
a term of not less than 10 years nor more than 20 years and sentenced on the indecent assault charge to a term of not less than 1 year nor more than 2 years, the sentences to run concurrently with the sentence on the aggravated robbery charge.
The Pennsylvania Board of Parole ordered him recommitted as a convicted parole violator to serve out the original sentence, to be followed by the sentences imposed for the crimes committed in 1962.
On June 7, 1964, Johnson sought out a writ of habeas corpus alleging violation of his constitutional rights at the 1948 proceedings, claiming that he did not have effective representation of counsel during the 1948 trial and that his guilty pleas were made involuntarily and without assistance of counsel. The petition was denied and Johnson appealed to the Superior Court. The Commonwealth moved the matter be remanded for an evidentiary hearing which was done. After the hearing the hearing judge dismissed the petition for writ of habeas corpus and the Superior Court affirmed per curiam.
Allocatur was allowed by this Court. Our study of the record leads inevitably to the conclusion that Johnson was ably and properly represented by counsel. At his trial in 1948 Johnson took the stand in his own defense and his testimony amounted to a confession and admission of burglary and robbery, nor did he deny the assault with intent to ravish. His testimony also coincided with his guilty pleas which he now contends were improperly obtained when, he says, he did not have assistance of counsel. Even his testimony at the hearing on his petition for habeas corpus accorded with the testimony he gave at the trial and at the time of his prior plea of guilty. During that hearing he admitted he had "burglarized" the house, that he had struggled with his victim and had
[ 428 Pa. Page 443]
had a "tussle" with her. His prior pleas of guilty thus could not have prejudiced him since his testimony in open court and under oath confirmed the pleas. Commonwealth ex rel. Adderley v. Myers, 418 Pa. 366.
He claims further that he was deprived of effective assistance of counsel because his counsel was appointed on the same day as the trial. The evidence of his guilt was overwhelming. His victim, a woman 68 years of age, gave a full description of him to the police and later positively identified him as her assailant. She testified that she found him in her home, that he demanded money and submission to his lust, that he choked and struck her, ripped off her night clothing, seized her handbag and fled. Approached by a police officer several days later, he took to his heels but was apprehended. It is as clear and as unrebuttable as an arithmetic solution that Johnson was convicted because of the evidence and not as the result of any alleged ineffective assistance of counsel. We thus apply the ruling laid down recently in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599 (decided November 14, 1967) that shortness of time for counsel to prepare for trial does not of itself constitute ineffective assistance. In such a situation the burden still remains on the prisoner to demonstrate constitutional deprivation. In meeting this burden, Johnson wholly failed, as the record decisively establishes. The record is entirely convincing that Johnson's convictions and the sentences imposed resulted from evidence properly introduced and which confirmed his guilt not only of the charges on which he chose to stand trial but also those to which he voluntarily pleaded guilty.
Justice Roberts has filed a dissenting opinion which, it is to be feared, unless replied to, may do damage to the cause of effective justice in the criminal courts of the Commonwealth and dissuade attorneys
[ 428 Pa. Page 444]
from willingness to defend in impecunious cases. Justice Roberts goes to considerable lengths in attacking the professional actions of the attorney who represented the defendant, asking why he didn't do this, and why he did do that. It is very easy for one, and especially a judge, 20 years after a trial, to sit back in his easy chair and pick out supposed flaws in the actions of defense counsel. A reliable attorney acts according to the situation as he sees it and, so long as justice is done, he should not be posthumously indicted, as is being done in this case in the dissenting opinion.
Moreover, Justice Robert's analysis of the situation is not a correct one. He says that there was no indication that the defendant Johnson had waived his right to counsel when he pleaded guilty to the charge of assault with intent to rob and robbery. But the record shows, as already pointed out, that during his trial when he was in fact represented by counsel, the defendant took the stand and under oath admitted to burglary and robbery, his testimony thus being a reaffirmance of his plea of guilty. Even at his habeas corpus hearing, the defendant conceded that he had "burglarized the house," and that he had had a "tussle" with his victim. Since Johnson at the trial and at the habeas corpus chose to reaffirm his guilt while he had counsel, it seems like blowing soap bubbles to argue now that when he first made his formal plea he may not have had counsel.
Justice Roberts states that the Majority Opinion "distorts" the ruling in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599. But here we have more soap bubbles. There is no distortion in the Majority Opinion because it is based on what Justice Roberts himself said in the Maroney case, namely, "'The mere allegation of short notice to a defendant
[ 428 Pa. Page 445]
and short conference with counsel is not alone self-sustaining. . .' The length of counsel's conversation with his client is thus but one of the factors which we must evaluate in light of the nature of the charge, the issues presented, the availability of witnesses, etc., to determine whether the course chosen by counsel had any reasonable basis when compared with the alternatives available."
Thus the test in determining sufficiency of time in a lawyer's preparation for a trial or hearing is reasonableness. The record smashingly shows in this case that whether Johnson's counsel had talked with his client an hour or five days, the facts remained the same. Johnson admitted his several crimes. Certainly Justice Roberts does not suggest that in the face of avalanching evidence of guilt, defense counsel must still attempt in some way to circumvent the facts of culpability.
The uncontested evidence reveals the commission of a bold and shocking crime. Mrs. Mary B. Simpkins, a 68-year old woman, was in bed in her home when the defendant Albert Johnson broke into the house in the dead of the night. He demanded money and gratification of bestial desires, struck her with his fists and choked her. He ripped off her pajamas, seized her handbag, and fled. This is all uncontradicted.
Yet, Justice Roberts wants to know why defense counsel did not explore Mrs. Simpkins' opportunity to observe the defendant in view of the fact that she said that her bedroom was illuminated by "my little light." Counsel should have asked Mrs. Simpkins, Justice Roberts says, "the location of the 'little light' or the degree of illumination afforded thereby, how long appellant was in the house, etc."
Why? The defendant himself acknowledged that he was the one who had broken into Mrs. Simpkins' home
[ 428 Pa. Page 446]
(see the transcript, that the dissenting Justice attached to his opinion): "Q. What were you doing in that house with the lady? A. I went in there not to hurt anyone, just breaking in."
In view of this statement by the defendant himself, wouldn't it have been ridiculous for defense counsel to attempt to cross-examine the victim on the matter of the "little light"? Is it not also ridiculous to contend (as Justice Roberts does) that under those circumstances the victim's identification was too weak to afford a basis for defendant's arrest, that her statements to the police were hearsay and, therefore, defendant's counsel should have explored the possibility that "the arrest may well have lacked probable cause".
The dissenting Justice finds fault with counsel's limited cross-examination of the prosecution witnesses. Many a client has been hanged because his attorney tightened the noose around the defendant's neck by extended purposeless cross-examination. Counsel's limited cross-examination in the case at bar was very probably based on his unwillingness to take a chance of even more damaging evidence being elicited since the probability of favorable evidence was very slight, if not nonexistent entirely.
Justice Roberts complains also that "counsel failed to make any suggestion as to possible mitigating circumstances and no plea on behalf of the client was made." Here again, he assumed that such mitigating circumstances existed. What were they? They can't be conjured up out of thin air.
And it is another soap bubble to say no plea was made on behalf of the defendant. The implorations of counsel for a light sentence hardly ever become part of the record. Nor is it apparent that a light sentence would have been in order, considering the flagrant crimes that had been committed.
[ 428 Pa. Page 447]
Even the defendant does not point to any mitigating circumstances which should have been highlighted. Or, indeed, any evidence favorable to himself. At the trial he heard Mrs. Simpkins describe his breaking into the house, his striking her, his demanding money and submission to his lewd demands. As he continued to beat her, she screamed and he exclaimed: "Shut up or I will knock you out." She related all this in his presence, how he attempted to strangle her and continued beating her. Her injuries necessitated hospitalization.
Certainly, if there were any untruth in Mrs. Simpkins' testimony, here would have been the time for the defendant to so declare. His attorney gave him every opportunity to deny the damning accusation. He asked Johnson: "What were you doing in that house with the lady?" What was his reply? "I went in there not to hurt anyone, just breaking . . . to get the money." In other words, just a little burglary and robbery which could have ended in murder. He made no denial of the terrible deeds the victim charged him with. And yet, Justice Roberts would now have the world believe that, somehow, this night marauder, this brute, this would-be rapist, this burglar and thief, was taken advantage of.
Incidentally, and not too incidental either, when Johnson was released in 1962, after having been in the penitentiary for 14 years, he again took up a life of crime. Again he committed robbery, again he attempted to ravish. Once again he was sentenced, but he made no complaint. Then, nearly 20 years after the proceedings of 1948, he claimed that his legal rights had been violated at that time. In the long interval he had never complained to anyone that he had not been properly represented in 1948 or that he had been legally mistreated.
[ 428 Pa. Page 448]
To order a new trial in this case, as urged in the dissenting opinion, would make a mockery of the law and a travesty of justice. It would generate havoc in the administration of criminal justice, and no one asserted that proposition more vigorously than Justice Roberts himself in the case of Commonwealth ex rel. LaRue v. Rundle, 417 Pa. 383. The defendant there had complained that his attorney had not rendered effective assistance at the trial. He said that his counsel had failed to "strenuously oppose the conflicting evidence." In rejecting the defendant's contention, Justice Roberts said: "Surely, the test for determining whether counsel's assistance was constitutionally ineffective may not be predicated on so unsubstantial a standard as the subjective preference of the accused. Nothing could be more unsatisfactory as a means of acceptable, professional competence than the convicted defendant's evaluation of the trial skill, judgment and efforts of counsel exerted in his behalf. The right to counsel and the effective assistance of counsel does not vest the petitioner with the absolute privilege of retroactively assessing the quality of his counsel's trial representation against his present feeling as to what might have been better strategy . . . It may be said without exaggeration that such attacks may well discourage trial lawyers from undertaking the defense in criminal litigation. Were this to occur, it would be most detrimental to the current efforts being made to improve, expand and to make generally available the highest quality of defense representation attainable so that our criminal trials may be conducted with the utmost possible fairness. In that event, not only the criminal trial bar would suffer, but perhaps even more importantly, the greatest harm would necessarily fall upon those accused of crime."
[ 428 Pa. Page 449]
Thus, the most effective rejoinder to Justice Roberts' dissenting opinion are his own words as spoken in Commonwealth ex rel. LaRue, here quoted, and which he reaffirmed in Mullenaux v. Myers, 421 Pa. 61 (1966).
Order affirmed.
Dissenting Opinion by Mr. Justice Eagen:
The record fails to establish that Johnson was represented by counsel at the time in 1948 when he plead guilty to the indictment charging aggravated robbery. Nor is there any indication that he waived his constitutional right to such assistance. In view of this, I am reluctantly compelled to conclude that the judgment entered on this particular conviction must be set aside and a new trial granted.
Dissenting Opinion by Mr. Justice Roberts:
The record of appellant's 1948 non-jury trial, consisting of seven and one-half typed pages, is sufficiently short that I have reproduced it verbatim in the appendix to this dissenting opinion. In its brief, the Commonwealth asserts that Johnson entered a guilty plea on indictment No. 116 charging him with assault with intent to rob and robbery while pleading not guilty to the remaining three indictments. Two issues are thus presented: was appellant represented by counsel at the time he entered his guilty plea and was counsel's trial representation on the remaining indictments constitutionally effective.
Johnson was entitled to representation by counsel at the time his plea was entered. Commonwealth ex rel. O'Lock v. Rundle, 415 Pa. 515, 204 A.2d 439
[ 428 Pa. Page 450]
(1964); Commonwealth ex rel. Goodfellow v. Rundle, 415 Pa. 528, 204 A.2d 446 (1964). As the record reproduced in the attached appendix demonstrates, there is absolutely no indication that Johnson's plea was entered with the advice of counsel or that, in fact, the trial court ever accepted this plea. Nor did the Commonwealth make any attempt at the post-conviction hearing to demonstrate that Johnson did have counsel or waived his right to representation. We are thus compelled to decide, the majority opinion notwithstanding, that appellant was not represented at the time his plea was entered. See Commonwealth ex rel. O'Lock v. Rundle, supra at 523, 204 A.2d at 443; Commonwealth ex rel. Goodfellow v. Rundle, supra at 533, 204 A.2d at 448: "Where, as here, the conviction record does not affirmatively show the accused was offered counsel and declined counsel after appropriate inquiry by the court, the burden may not be placed upon the accused to show that he did not intelligently and understandingly waive counsel. That burden rests upon the Commonwealth."
"[T]he conviction or hearing record must show that the accused was advised or was aware of his right to counsel. . . . Unless waived, if counsel is not afforded, due process is violated. . . . Waiver may not be found from a mere plea of guilty. . . . Nor may it be presumed from a silent record." This record is totally devoid of any indication that Johnson was represented and the Commonwealth has produced nothing to discharge its burden of demonstrating a waiver. Appellant is therefore entitled to a new trial on the robbery indictment.
I now turn to appellant's claim of ineffective assistance of counsel. The holding of Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967), our most recent decision involving a claimed
[ 428 Pa. Page 451]
ineffectiveness of counsel, is totally distorted by the majority. Rejecting a contention that mere shortness of time to prepare per se constitutes ineffective assistance,*fn1 we stated that an examination of the record and an evaluation of the alternatives available to counsel was the key to a resolution of an ineffectiveness claim (427 Pa. at 604, 235 A.2d at 352): "Our task in cases of this nature therefore encompasses both an independent review of the record . . . [citation omitted] and an examination of counsel's stewardship of the now challenged proceedings in light of the available alternatives. . . . 'Facts are alleged from which it would appear that these potential defenses would have suggested themselves to a reasonably diligent trial counsel. The defense actually tendered was so insubstantial in relation to those not offered as to cast doubt upon the hypothesis that trial counsel made a deliberate informed choice.' We cannot emphasize strongly enough, however, that our inquiry ceases and counsel's assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client's interests." (Emphasis in original.) I am convinced that counsel's stewardship cannot pass constitutional muster.
The totality of counsel's efforts on behalf of his client consisted of one question on cross-examination of one of the Commonwealth's four witnesses, a feeble attempt to demur to one charge, and two questions of his client. Throughout the trial there were numerous occasions when any conscientious lawyer, even one with no prior knowledge of the facts of this case, would have adopted any of several available alternatives to foster
[ 428 Pa. Page 452]
his client's interests. I think a fair characterization of this record presents a picture of an attorney going through the motions with disregard for the fate of his client or the sufficiency of the Commonwealth's case. Under these circumstances, I am convinced that counsel's actions had no reasonable basis designed to effectuate his client's interests.
The Commonwealth's star witness, Mrs. Simpkins, testified that the events occurred at night in her bedroom illuminated only by "my little light." With the Commonwealth's case turning on the strength of this identification, counsel made no attempt to explore whether the conditions were such that the identification was accurate and reliable. No questions were asked as to the location of the "little light" or the degree of illumination afforded thereby, how long appellant was in the house or the sufficiency of the witness' opportunity to observe appellant.
The Commonwealth sought to corroborate this story by relating the incidents surrounding appellant's arrest. Two police officers testified on the crucial identification issue that Mrs. Simpkins had made a positive identification. Not only did counsel fail to explore the circumstances under which the identification was made, but he also failed to object to this testimony on the grounds of hearsay. No doubt, Mrs. Simpkins probably said something on the order of "this is the man who robbed me" when she made the identification -- this statement was hearsay and most likely formed the basis of the officers' testimony. Furthermore, appellant was arrested 17 days after the event under circumstances which indicate that the arrest may well have lacked probable cause. Yet no examination was undertaken on this issue. Finally, appellant's conviction for possession of burglary tools was based on an alleged confession which appellant
[ 428 Pa. Page 453]
maintains was coerced. Again, counsel made no attempt to probe the circumstances under which this confession was made, nor did he inquire about appellant's second statement.
At the conclusion of the Commonwealth's case, counsel did demur to the burglary tools indictment. The court then stated that the arresting officer had testified that he (the officer) saw appellant "scanning the back door of a house" and counsel promptly withdrew the demur. Yet the testimony of the arresting officer which must have been given only a few moments before made no mention of this activity on appellant's part. Counsel did not endeavor to correct the court's recollection.
Ineffectiveness is perhaps most strikingly demonstrated by the sentence portion of this record. Counsel failed to make any suggestion as to possible mitigating circumstances and no plea on behalf of the client was made. Furthermore, to say the least the sentence lacked clarity yet counsel did not attempt to obtain a clarification. According to the Commonwealth, appellant was never sentenced on bill No. 118 which charged aggravated assault and battery and assault and battery with intent to ravish. Yet the trial record indicates that appellant was given two and one-half to five years on that indictment. The sentence also leaves unclear whether the trial court intended the one year sentence for possession of burglary tools to run consecutively with the other sentences or was merely adding another year to appellant's total sentence for good measure.*fn2
[ 428 Pa. Page 454]
While perhaps none of these omissions by counsel would individually be sufficient, I am convinced that the totality of this trial leaves no doubt that appellant's representation was little more than token. That Johnson may have in fact been guilty of all the crimes charged, a factor which the majority obviously regards as significant, is, of course, irrelevant as to whether appellant was represented when his guilty plea was entered and, except as it might bear upon counsel's strategy, irrelevant as to the adequacy of counsel's representation. See Gideon v. Wainwright, 372 U.S. 335, 344-45, 83 S. Ct. 792, 796-97 (1963); cf. Rogers v. Richmond, 365 U.S. 534, 540-41, 81 S. Ct. 735, 739-40 (1961). Furthermore, this case requires a repetition of Mr. Justice Frankfurter's often quoted admonition: "It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people."*fn3
I dissent.
Commonwealth's Evidence
Mary B. Simpkins, sworn.
By Mr. Beloff [for the Commonwealth]: Q. Mrs. Simpkins, how old are you? A. 68. Q. Where do you live? A. 3031 Dakota Street. Q. In Philadelphia? A. Yes, sir. Q. On the 13th of January of this year did you see this defendant? A. Yes, sir. Q. What time of the day or night was it and where did you see
[ 428 Pa. Page 455]
him? A. Well, we were -- I was waiting for my son to come in from work. His wife was there. After he came in we had a cup of cocoa and they left me about 12:20. Q. Past midnight? A. Yes, sir. I went up and got undressed and fixed little things around my room. Then I went into my front room and there was quite a lot of heat coming out of the register, so I thought I better go down and see if my son fixed the heater for me. I went halfway down the cellar steps and looked and went back upstairs and went to bed. I turned my light out and I don't know whether I fell into a doze or not, but I heard someone walking around downstairs. My husband was away at work and owing to the bad weather I thought he came home, which would have given him time to come in that time of the night. I said, "Who is down there? What are you walking around for?", nobody answered me, but gently someone walked up the steps. As they walked in the room, this colored man walked in. Q. Were the lights on in your room? A. My little light. I turned it on when I heard this noise. When I looked up I said to him, "Where did you come from? You get out of here. Get out of here as quick as you can. Get out the same way you came in." He stood and looked at me while I said it, and he said, "Give me your money." I said, "I have no money," and by that he hit me on the right cheek with his fist. Then he stood there and hit me again. I kept hollering and he said, "Shut up or I will knock you out." I said, "Don't you dare knock me out." He said -- he leaned down to me and he said, "Let us have a little pussy." I said, "Don't you dare touch me," like that. I said, "Get out of here." By that he choked me twice and he hit me again in the face. Finally he grabbed my pajamas and tore them completely off of me. He grabbed my handbag which was like a knitting bag -- he grabbed that and took it
[ 428 Pa. Page 456]
with him and left. Q. Did you see your handbag again? A. No, I never seen it since. Q. Are these the pajamas you were wearing? A. Yes. These are the pajamas he tore off me. Q. You were alone in the house? A. Positively alone. No one was there.
By Mr. Johnson [for the appellant]: Q. Is this the man that was in your bedroom? A. Yes, sir.
Edward J. Cassidy, No. 2403, sworn.
By Mr. Beloff: Q. Officer Cassidy, did you arrest this defendant? A. Yes, sir, I did. Q. When and where? A. On January 30, 1948, about 12:45 A.M. upon returning home from work and entering into the street in which I live, Folsom, I noticed a colored man at 2620 Folsom Street. The man must have noticed me at the same time and he ran around the corner fast and I ran around after him and apprehended him at 26th and Aspen. I asked him what he was doing in the back street and he said, nothing. I searched him and took off of him a flashlight. Asked him what he was going to do with the flashlight. He said anything he found he was going to steal. Q. Then you brought him into the station? A. I arrested him in the Ninth District. Q. Did you then have knowledge of the complaint of Mrs. Simpkins, the attack upon her? A. Yes, sir. He was wanted in the 31st District at that time. Q. It was the result of the arrest you made that Mrs. Simpkins was notified and identified him? A. That is right.
(No Cross-Examination)
Detective Leo A. Boyle, No. 155, 7th Detective Division, sworn.
By Mr. Beloff: Q. Detective Boyle, can you add anything to what has been said? A. Yes. On the 13th
[ 428 Pa. Page 457]
of January, about 1:55 a.m. was when the original call was received that someone was in the house at 3031 West Dakota Street. There was two red cars dispatched there. After they got there they found the complainant had been beaten up, and they took her to the Women's Homeopathic Hospital where she was treated and detained for six days. As a result of the information -- she gave us a description, and knowing that the defendant was in the neighborhood, had just gotten out from the Reformatory, we made an investigation. After he was arrested Officer Cassidy informed the district about it. Then we brought him up from the County Prison and confronted him with the complainant where he was positively identified. He later made a statement admitting everything, but the assault with intent to ravish. This is the pajamas.
Mr. Beloff: The pajamas and the light are offered in evidence.
Detective Joseph P. Hartzell, sworn.
By Mr. Beloff: Q. Detective Hartzell, can you add anything? A. No, sir. He covered everything.
Commonwealth Rests
Mr. Johnson: The defendant demurs to the evidence so far as Bill 119 is concerned, possession of burglar tools. The flashlight offered in evidence is the type of flashlight carried by anyone and is by no means confined to burglary. The Court: Any weapon that can be used improperly becomes a burglar tool when used for that purpose. If he is using the flashlight for finding open doors or windows, it becomes a burglar tool until the Supreme Court says it isn't. Mr. Johnson: There is no evidence he used it for that
[ 428 Pa. Page 458]
purpose. The Court: The first officer said he was scanning the back door of a house when he saw him, didn't he? And then he ran away. Mr. Johnson: I withdraw the demurrer then.
By Mr. Johnson: (Addressing the Defendant.) Q. How old are you? A. 21. Q. What were you doing in that house with the lady? A. I went in there not to hurt anyone, just breaking in. By the Court: Just breaking in for what? A. To get the money. I didn't want to hurt nobody. Q. Did you ever work for a living? A. Yes, sir, I worked. Q. How many times were you arrested as a juvenile? A. About ten times -- eight times. Q. Did you ever go to Glen Mills, or the Reformatory? A. No, sir. Q. Of course not. That is why you are here today.
*fn1 Appellant's testimony at the habeas corpus hearing that counsel was not appointed until he entered his first not guilty plea is uncontradicted.
*fn2 That this sentence is confusing is best demonstrated by the two lower court opinions in this case. In the first, Judge McClanaghan stated that appellant was sentenced to a term of ten to twenty years. The Superior Court on appeal remanded this case for an evidentiary hearing. Judge Gold, the hearing judge, stated: "Relator was . . . sentenced to a term of 10 to 20 years on Bill No. 116, 2 1/2 to 5 years on Bill No. 117 and 1 to 2 years on Bill No. 119 . . ."
*fn3 United States v. Rabinowitz, 339 U.S. 56, 69, 70 S. Ct. 430, 436 (1950) (dissenting opinion).
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charter oak acc102 week 5 test part 1
Question;?;1. Examples;of value-adding activities include all of the following except;Answer;?;Question 2;5 out of 5 points;2. Target costing is;directed toward;Answer;?;Question 3;5 out of 5 points;3. Which of the;following is not a prevention cost?.;Answer;?;Question 4;5 out of 5 points;4. All of the;following are components of the value chain except;Answer;?;Question 5;5 out of 5 points;5. An effective JIT;system will include;Answer;?;Question 6;5 out of 5 points;6. Which of the;following are considered value added activities by a manufacturer of;chocolate candies?;Answer;?;Question 7;5 out of 5 points;Use the following to answer questions 7-9;Tech Products, Inc. is interested in producing;and selling an improved widget. Market;research indicates that customers would be willing to pay $95 for such a;widget and that 50,000 units could be sold each year at this price. The current cost to produce the;widget is estimated to be $60.;7. Refer to the;information above. If Tech Products requires a 25% return on sales to;undertake production, what is the target cost for the new widget?;Answer;?;Question 8;5 out of 5 points;8. Refer to the;information above. Tech has learned that a competitor plans to introduce a;similar widget at a price of $85. If;Tech requires a 25% return on sales, what is the target cost for the new;widget?;Answer;?;Question 9;5 out of 5 points;9. Refer to the;information above. At a price of $85, Tech's market research indicates that;it can sell 40,000 units per year. Assuming;Tech can reach its new target cost, how will Tech's profit at the $85 price;compare to what it would have earned in the absence of the competitor's;product?;Answer;?;Question 10;5 out of 5 points;10. The manufacturing efficiency ratio equals;Answer;?;Question 11;5 out of 5 points;11. The following are all characteristics of;target costing EXCEPT;Answer;?;Question 12;5 out of 5 points;12. External failure costs include;Answer;?;Question 13;5 out of 5 points;Refer to the following to answer questions 13 -;15;Company X has developed a new light for lighting swimming pools. After;doing market research, they have determined that customers would be willing;to pay $140 for this light. Company X seeks to earn 25% profit on the light.;At present Company X makes a similar style light for $101.25 which sells for;$130.;13. What must the target cost be in order to earn the 25% profit the;company demands?;Answer;?;Question 14;0 out of 5 points;14. If Company X can adjust their costs to the;target cost, they estimate that they can sell 50,000 lights. What would their;profit be at this point?;Answer;?;Question 15;5 out of 5 points;15. How many of the old style lights would they;have to sell to reach the same profit?;Answer
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text: If you have an oval face, the length of your face will be about one and a half times the width. Your forehead would be slightly wider than your chin and your jawline is slightly rounded. This is the perfect shape of the face and the aim of every hairstyle is to make the face look oval. That is why women with oval faces can sport any hairstyle with ease.


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text:
- Photos
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3204 Central Avenue, Ocean City, This vacation rental property sleeps 10 with 4 bedrooms and 2 baths. Nicely decorated 4 bedroom, 2 bathroom, first floor condo which sleeps 10 and is only 1 block to the beach. Property features central air, off street parking and → Read More
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text:
|Publication number
|Publication type
|Application number
|Publication date
|Jan 2, 2001
|Filing date
|Sep 14, 1998
|Priority date
|Sep 14, 1998
|Fee status
|Also published as
|Publication number
|Noah N. Rockey, Jim J. Frensko, Johann A. Toikka, John B. Grunloah
|Original Assignee
|Sterner Lighting Systems Incorporated
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (13), Referenced by (17), Classifications (24), Legal Events (6)
|External Links: USPTO, USPTO Assignment, Espacenet
The present invention relates to a remotely operated, powered shade or douser device mounted to the face of a light fixture so it can be moved across a lens to cover it.
Lighting devices with incandescent or arc discharge lamps have been provided with reflectors for many years. It is often desired to have an electromagnetic radiation source (a lamp) that radiates electromagnetic radiation in the visible spectrum (light). This combination of the lamp and the reflector is used to provide the lighting for sports arenas, sports stadiums and other commercial and industrial application.
In many applications, the electromagnetic radiation is derived from a plasma arc formed within an electromagnetic transmissive envelope or arc tube. One form of such an arc discharge lamp is a metal halide lamp. In such lamps, the arc is ignited between two electrodes placed at opposite ends of the electromagnetic transmissive envelope. These electrodes define an envelope axis and are connected to a power supply, which supplies the proper voltage and current for starting and operating the lamp. When power is removed from an operating metal halide lamp, it requires approximately fifteen minutes to re-strike, using normal voltages, and an additional five minutes to reach a stable color temperature and light output.
In certain lighting venues, such as arenas or stadiums, it is desirable to have the entire lighted area go dark. Such instances are used for player introductions, half-time shows, and special events. Prior applications have used a special instant re-strike lamp and ignitor system, which hits the system with a large voltage pulse to re-ignite the lamp. Even though it is called an "instant" re-strike system, this system takes several minutes for the light to come back to a full luminous output and full color rendering.
Other prior applications have used a mechanical device consisting of motor driven metal louver blades or clam shell devices that are moved into position in front of the lamp and reflector system to effectively block the transmission of light. This type of application can interfere with the projected beam of light causing a depreciation in light output which requires a higher total connected load to provide effective lighting levels. This type of application may also require more clearance around the luminaire to effectively mount the luminaire and shutter device such that there is no interference with surrounding fixtures.
The present invention arises from the fact that the instant re-strike system is lacking in several areas and the realization that the motorized metal louver blades cause a depreciation in light levels and require more mounting space.
The present invention includes a reflector and typically an arc discharge lamp mounted in the reflector, a frame and a motorized shade or douser mechanism. The shade or douser material is rolled onto a top roller with a reversible motor to an open position, increasing the tension of a bottom spring loaded take-up roller via one or more cables. When the motor is reversed, the tension in the spring on the bottom roller causes the rolled or coiled shade or douser to unwind and thus, the bottom roller and cables pull the shade or douser material in front of the lens. The cable, preferably an aircraft cable, is rolled onto the bottom roller until the shade or douser is in the closed position. The bottom roller continues to provide tension on the shade or douser when it is in the closed position, to hold the material taut.
The design also includes a bottom to top or a side to side application. The fabric used is a heat resistent material with a bar sewn into the fabric to provide even distribution of the torque required to roll and unroll the material. The edge of the shade or douser material is attached to stainless steel aircraft cable at two separate locations to ensure that the material stays within its frame.
FIG. 1 is a front view of a luminaire having a motorized shade or douser of the present invention thereon, in a half closed position;
FIG. 2 is a side view of the luminaire with the motorized shade or douser in place;
FIG. 3 is a top plan view of the motorized shade or douser with the luminaire housing shown in cross section;
FIG. 4 is an isometric view of the motorized shade or douser in a half closed position;
FIG. 5 is a sectional view taken on line 5—5 in FIG. 3; and
FIG. 6 is a sectional view taken on line 6—6 in FIG. 1.
Referring to the drawings, FIG. 1 is a front view of a motorized shade or douser 10 made according to the present invention mounted onto a luminaire housing 12. The luminaire housing includes a reflector 14, and a light source 16 arranged in a desired manner to project light out through a front lens 20 shown partially in FIG. 1. The motorized shade or douser device includes a frame 22 that is made to mount onto the housing 12 in a suitable manner, such as with screw fasteners. The frame 12 surrounds the lens 20 and opening 21 covered by the lens 20.
Frame 22 includes upright channel frame members 24 on opposite sides thereof that have longitudinally extending brush strips 26 (see FIG. 6) on the interior. One or more strips can be used. A lower channel cross frame member 28 joins the upright frame members 24. The upper ends of the upright frame members support a roller assembly 30, which is rotatably mounted on downwardly depending frame legs 32 that join the upright frame members 24. The legs 32 support suitable bearings 36 to mount a shade or douser roller 38. The roller 38 has a central drive shaft 40 extending through a tubular shell 42 (see FIG. 5). The shaft 40 is held in position in the shell with suitable end caps 44. The drive shaft 40 is driven by a reversibly controllable motor 46 mounted onto a motor bracket 48 on the frame member 24 on one side of the frame.
A flexible material of fabric or douser sheet 50 forms a shade and is rolled onto the roller shell or tube 42. The sheet 50 has a free control edge 52 on which a reinforcing bar 54 is mounted (see FIG. 5). At the lower end of the frame 22, which is the side opposite from the roller 38, a spring loaded take-up roller 58 is mounted on end brackets 60 which connect to the upright frame members 24. The spring loaded take-up roller 58 is made like a window shade roller, and has opposite end caps that are mounted in the brackets 60, 60 as can be seen in FIG. 4. The end portion 62 is flattened to a rectangular shape to hold one end of a torsion spring shown at 66 in FIG. 6. The torsion spring 66 is on the interior of the tube 68 forming part of the take-up roller and has one end anchored to the tube. The tube 66 is mounted so it will rotate relative to the end portion 62 to create load in the torsion spring. The take-up roller has a pair of control cables 70 anchored thereon, which are wound on the roller 58 and which will unwind from roller 68 as the roller 38 is rotated by the motor 46 which creates tension on the cables 70, 70. As the cables 70, 70 unwind, the spring 66 is loaded to tend to rewind the roller 58. The spring 66 will pull on the cables 70, 70 and thus, the cables wind up as the motor 46 is stepped in reverse, to permit the shade or douser 50 to unwind from roller 38.
The cross-member 28 has holes 28A for providing a path for the cable 70, 70.
The brush strips 26 that are provided on the frame members 24, as well as on the bar 54 are for light sealing along the edges of the shade or douser 50. The shade or douser material is an opaque fabric, that is of sufficient length to cover the entire lens 20 in the opening of the frame when the shade or douser is in its lowered position.
There is a pre-load on the torsion spring 66 so that with the shade fully extended covering the lens, the spring 66 still exerts a force on the shade or douser to keep it taut and in place to completely cover the lens 20. No light from the light source 16 will pass through the shade or douser fabric and with all luminaires in an arena covered with the shade or douser, the arena can be made totally dark.
The motor 46 can be connected suitably to the shaft 40 through a drive coupling, and when the motor is driven clockwise when viewed in FIG. 4, for example, it will wind the opaque flexible material shade or douser 50 onto the upper roller assembly 30 and the cables 70, 70 will extend, placing greater tension on the shade or douser through torsion spring 66 of the take-up roller assembly 58. The motor 46 is connected through an anti-reverse gear box or else is made so it will hold the shade or douser in position and tension on the cables 70 will not extend the shade or douser unless the motor is driven in reverse. When the motor 46 is energized through the programmed controls 76, and the motor is driven in reverse through steps (it is preferably a stepper motor) in counterclockwise direction as shown in FIG. 4, the cables 70, 70 will extend the shade or douser 50 a desired amount over the lens 20. In FIG. 4, the shade is half open, to provide a selected amount of light through the remaining portion of the lens 20. The shade can be moved to close the lens opening as much as desired, including totally covering the lens opening. The brush strips that have been mentioned will provide light sealing along the edges.
The shade or douser 50 will be in alignment overlying the luminaire lens 20 so that it can be moved to completely block any light. As mentioned, when total darkness in an arena is desired for particular portions of a program, the shade or douser is used to block all light and the luminaire can remain on and does not have to be restarted.
The shade or douser assembly can be mounted on to existing luminaires by making the frame as a separate unit, as shown in FIG. 4, and merely supporting it with suitable screws, channels or extra brackets to the existing housings of luminaires. Compressible gaskets can be used for sealing light leaks. The shade assembly takes less room than motorized louver blades, and does not block any light when fully retracted.
The program control, indicated at 76, can be a computerized program control, or a manually selected program that would be timed, after initiation, to open or close the shade or douser 50 as desired for obtaining the correct amount of illumination from each of the luminaires used.
The program control 76 can have a central program that would control a number of luminaires, each having a shade or douser assembly made according to the present invention.
The motorized shade or douser assembly provides a light-dimming system, that is easily used and programmed, and relatively simple to make and install. Further, it is essentially fool-proof, having few moving parts.
Although the present invention has been described with reference to preferred embodiments, workers skilled in the art will recognize that changes may be made in form and detail without departing from the spirit and scope of the invention.
|Cited Patent
|Filing date
|Publication date
|May 5, 1868
|legg and i
|May 9, 1882
|Jul 11, 1882
|Jun 3, 1925
|Nov 9, 1926
|Douglas Harry A
|Cowl lamp
|Jul 23, 1958
|Jan 9, 1962
|Simms Philip W
|Light dimming attachment
|Aug 26, 1976
|Oct 4, 1977
|Raymond George Larson
|Versatile light diffuser
|Jul 27, 1984
|Apr 16, 1985
|Bar-Ray Products, Inc.
|Viewer for X-ray and like films
|Nov 14, 1983
|May 21, 1985
|Little William D
|Variable magnification stage light
|Jun 30, 1986
|Dec 8, 1987
|Mycro Group Co.
|Remote control, moveable lighting system
|Sep 24, 1987
|Oct 4, 1988
|Eastman Kodak Company
|Mask system for radiograph light box
|Jul 18, 1990
|Apr 23, 1991
|Vari-Lite, Inc.
|Console/lamp unit coordination and communication in lighting systems
|Dec 8, 1992
|Mar 8, 1994
|The Coleman Company, Inc.
|Lantern with slidable shutter
|Jan 12, 1994
|Apr 11, 1995
|Aurora Robotics Limited
|Computer controlled stage lighting system
|Dec 4, 1995
|Oct 28, 1997
|Ford Global Technologies, Inc.
|Electrostatic shutter particularly for an automotive headlamp
|Citing Patent
|Filing date
|Publication date
|Jul 3, 2001
|Oct 22, 2002
|Schott Glas
|Stove for cooking food with a viewing window, and a viewing window for household appliances, such as cooking stoves or ovens
|Oct 25, 2002
|Aug 17, 2004
|Cormark, Inc.
|Movable display sign
|Oct 25, 2002
|Oct 19, 2004
|Cormark, Inc.
|Security cover
|Sep 2, 2003
|Jun 13, 2006
|Genlyte Thomas Group Llc
|Shutter mechanism for floodlight, with drive
|Jun 21, 2005
|Jul 15, 2008
|Delapaz Xavier
|Modular filtering and reflective system for photographic use
|Mar 29, 2005
|Jul 7, 2009
|Cooper Technologies Company
|Direct-indirect luminaire with shutter
|Oct 5, 2009
|Jan 7, 2014
|Clearboard Pty Ltd.
|Jul 31, 2014
|Dec 8, 2015
|Marco ANTONIAZZI
|Shade structure
|Oct 25, 2002
|Dec 18, 2003
|Cormark, Inc.
|Security cover
|Sep 2, 2003
|May 13, 2004
|Claude Barozzini
|Shutter drive mechanism for outdoor floodlight
|Mar 29, 2005
|Oct 20, 2005
|Garrett Bradley S
|Direct-indirect luminaire with shutter
|Dec 21, 2004
|Jun 22, 2006
|Eastman Kodak Company
|Color-changing electronic signage
|Mar 28, 2008
|Nov 20, 2008
|Kim Michael Y
|Decorative lighting devices
|Oct 5, 2009
|Aug 11, 2011
|Clearboard Pty Ltd
|Nov 19, 2012
|Nov 20, 2014
|J�rgen N�lle
|Light with Reflector or Diffuser Screen
|Jul 31, 2014
|Feb 5, 2015
|Marco ANTONIAZZI
|Shade structure
|May 31, 2013
|Dec 17, 2014
|U.S. Classification
|362/278, 362/319, 362/320, 362/280, 362/351
|International Classification
|Cooperative Classification
|European Classification
|Sep 14, 1998
Owner name: STERNER LIGHTING SYSTEMS INCORPORATED, MINNESOTA
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:ROCKEY, NOAH J.;FRENSKO, JIM J.;TOIKKA, JOHANN A.;AND OTHERS;REEL/FRAME:009467/0242
Effective date: 19980910
|Jun 4, 1999
Owner name: HUBBELL INCORPORATED, CONNECTICUT
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNOR:STERNER LIGHTING SYSTEMS INCORPORATED;REEL/FRAME:009987/0989
Effective date: 19990514
|Jan 15, 2002
|Certificate of correction
|Jun 9, 2004
|Fee payment
Year of fee payment: 4
|Jun 3, 2008
|Fee payment
Year of fee payment: 8
|Jun 29, 2012
|Fee payment
Year of fee payment: 12


text:
Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
Access Rights and how to show Menu
I did not understand how to show menu to a specific user. I created a group to which I attributed some menus. After that I created a user which belong to this group. When this user log to openerp no menu was displayed.
What is the problem and how the access Right system is working
Your Answer
Please try to give a substantial answer. If you wanted to comment on the question or answer, just use the commenting tool. Please remember that you can always revise your answers - no need to answer the same question twice. Also, please don't forget to vote - it really helps to select the best questions and answers!
About This Community
Question tools
|Asked: 7/5/13, 2:43 AM
|Seen: 1731 times
|Last updated: 7/23/16, 12:40 PM


text:
Dear Clients ,,,
This beautiful penthouse is ideally located on high floor of The Icon Tower 2, Jumeirah Lake Towers with a living area of 5,152 sq ft. This lovely duplex penthouse has four bedrooms, a study plus a maid's room and laundry/storage area, with a fully equipped kitchen and its own private pool. This property is vacant and ready to move in.
Icon Towers offer a lifestyle that is not only luxurious but also very modern and reflective of the successful, young and vibrant UAE business professionals of today. Icon Towers boast an exclusive health club featuring a gymnasium, swimming pools and sauna. Icon Towers is situated at Jumeirah Lake Towers, a dynamic community of residences and commercial properties.
FOR MORE DETAILS PLEASE CALLAkhtar Hussain Sher on0508882395
Address: Office 211, Building 7, Gold and Diamond Park, Dubai
Office phone no: +971 (0)50 888 2395
Office fax no: +971 (0) 4 341 7781
Primary email: firstname.lastname@example.com
Website: www.elysianrealestate.com
Company Profile: Elysian is one of the top real estate agencies in Dubai has local and international branches that offers a wide range of property choices and investments locally and internationally.Elysian has a proven record of successful customer service and thousands of property transactions throughout the past 8 years, elysian offers a wide range of services under one roof: buying, selling, renting, property maintenance, interior design, currency exchange etc..elysian also have over 65 qualified property consultants with a huge portfolio of high end properties in prime locations varying from luxury apartments, villas, penthouses and duplexes. Elysian also have a dedicated commercial team that offers commercial properties all over Dubai and assist in obtaining any type of commercial licenses from different authorities. To know more call us at +9714-3234545 or email us at firstname.lastname@example.com


text:
villa plots available at Meadows. Call at 8880003399
Item Details:
- Address Map: #71,16th Cross Road, 14th A Main Road, H.S.R Layout , Sector-4 Op
- Indian City: Bangalore
- State: Karnataka
- Postal Code: 560102
- This Real Estate Ad is for:: Residential Property
- The Classified is for:: Land and Plots for Sale
- Company or Service Provider Name: Land in Sarjapura available in Trifecta near Sarjapura, call 8880003399
- This Ad is Meant For-: India
- Expires: This ad has expired
Item Description:
villa plots available at Meadows. Call at 8880003399
NBR Meadows is located just 25 minutes drive from Electronic City, IT Hub of Bangalore and surrounded by industries, SEZ and prominent educational institutions, health care, banks and much more and plots and villas are available in various dimensions. Call 8880003399 for sale enquiries.
Highlights of NBR Meadows:
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text:
Tonic Kensington bag
51 Pins11 Followers
Made by Hilary Hutchinson - Made this using the Tonic Kensington Handbag die. I needed a gift box in a rush for an unexpected Birthday Present. It just held two of the OPI Nail Polish and made a beautiful set. Used matching ribbon for handles and finished off with a little lace and a smaller matching bow.


text:
Here's something that a lot of celebrities did before they got famous—appeared on The Dating Game. Read on to see early footage of Steve Martin, Arnold Schwarzenegger, Michael Jackson and more.
Andy Kaufman gets stumped by a Santa Claus... READ ON
Most of us pick up pencils and lose them without giving it a second thought. Pencils are a bit more interesting than you might, think, though. Here are a few not-so-frequently asked questions about everyone's second-favorite writing implements, including the story of a time when pencil sharpeners were illegal.What makes #2 pencils so... READ ON
We had a lot of fun giving away daily neatorama prizes this month! We hope you enjoyed the new aspect of the game. We're taking all your feedback into consideration for the next hunt, so thanks for being active on the Facebook page. Head over there to find out if you're a random winner, as we'll be pulling those later today. Meantime, congrats to our first place winner, Rachel Horn! Let's meet her now:
I'm thrilled to be the winner of the month! I've been playing HDYK on and off for over two years, but... READ ON
Every Wednesday, Miss Kathleen provides links to a variety of things happening at libraries across the country. If there's something fun going on in your local library this week, leave us a... READ ON
"¢Â I figured that the carrot might prove to be a difficult food to find facts on. Turns out, the carrot has had a far more intriguing life than most would expect. Despite its trademark orange appearance, carrots come in many colors, including purple! The "western carrot" was cultivated by the Dutch, who made the color a symbol for the House of Orange.
"¢Â It doesn't end there - there has been an instance where cows who ate orange carrots produced pink milk. And in rare cases, excessive... READ ON
My friend and co-blogger here on the _floss, Rob Lammle, had an awesome post a few weeks back: How to Tweet Your Way Out of a Job. While I wasn't able to find quite as many people who tweeted their way INTO a job, there's at least one in the list below, and a bunch of other cool people who used the Web to their advantage in unusual ways. By all means, if you have a similar story, something personal, share it with us in the comments below.
1. Eugene... READ ON
By changing one letter at a time to form different English words, and leaving all other letters in their original positions, convert YEAH into FINE in six (or fewer) steps. Good luck!
_ _ _ _
_ _ _ _
_ _ _ _
_ _ _ _
_ _ _ _
Here is a five-step SOLUTION.
Did your solution include an odd word or interesting sequence? Please share it in the comments.... READ ON
A Bill Murray comedy as metaphor? These eight theories say yes.... READ ON
Male red-eyed tree frogs communicate dominance to each other by shaking their butts. We have infrared nighttime video to prove it; all it needs is a new disco soundtrack.
La Maison en Petits Cubes is an award-winning Japanese film about an old man whose home must grow taller as the water rises. He revisits his life in a trip downstairs, which requires diving gear.
Groovin' with Ken. In a teaser for Toy Story 3, Barbie's boyfriend confronts uncomfortable questions from an interviewer.
The... READ ON
Last year, my friend teamed up with the other dudes in his workplace for Mustache March, a month-long celebration of facial hair. There was just one rule: No one shaves till April. While my friends found this highly amusing, many of the significant others of the Mustache Marchers didn't feel the same and demanded the boys shave. Most did, but not my pal. Here, I've rounded up three examples of truly epic facial hair for guys with understanding partners and then three examples of shaving techniques for... READ ON


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|Nelly Thompson was a happy housewife who did not care much about anything but keeping her house and raising the kids. But there was one thought which deprived her of her sleep. She had once seen Terry, her son, in the shower, and his sizeable cock was her obsession. One evening she could not keep in her lust anymore and simply pulled Terry's pants off! At first she was anxious whether Terry would like her mature body, but the boy was so passionate:
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A Border Guard's Perspective on Quality
A story from a friend in Detroit:
I was crossing the border from Michigan into Ontario, both places where a lot of cars are manufactured. The border guard decided to strike up a conversation, which you can't argue with since they determine how your day is going to go. As we talked about cars, he said "90 percent of the people that come through here are Ford, GM and Chrysler engineers." I'm sure that was an exaggeration. He continued – "They all say they are headed to the plant to work on a quality problem. But I never meet Toyota and Honda engineers going to work on quality problems." Now there is more to the story than that, but it seems like a good piece of evidence behind the gap those companies face.
Thanks for reading! I'd love to hear your thoughts. Please scroll down to post a comment. Click here to receive posts via email.
Now Available – The updated, expanded, and revised 3rd Edition of Mark Graban's Shingo Research Award-Winning Book Lean Hospitals: Improving Quality, Patient Safety, and Employee Engagement. You can buy the book today, including signed copies from the author.


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Appeal from the Municipal Court of Chicago; the Hon. NORMAN N.
EIGER, Judge, presiding. Judgment reversed and cause remanded
with directions.
On November 22, 1954, William D. Kellogg filed a statement of claim asking $2,500 from Congress Michigan Auto Park, Inc., for failure to redeliver a stored Buick automobile. On May 24, 1956, the Liberty Mutual Insurance Company, Inc., hereinafter called plaintiff, as subrogee of the original plaintiff, filed an amended statement of claim alleging that under an insurance policy it had paid the original plaintiff $2,120, and thereby became subrogated to the rights of Kellogg. It asked judgment for $2,120. The answer filed December 28, 1956, denied that Kellogg delivered the automobile; averred that it was redelivered to an agent of Kellogg; that the automobile was lost or concealed while in the possession of the agent and through no fault or negligence of defendant; and further averred that the automobile was later recovered and that plaintiff wrongfully paid its insured the alleged value thereof.
On February 20, 1957, plaintiff asked leave to take the deposition on February 25, 1957, of John G. Parker, whose business address was given as Container Corporation of America, 99 Park Avenue, New York, N.Y., before a notary public. The trial of the case was then set for March 6, 1957. The court denied leave to take the deposition. On November 8, 1957, at which time the case was set for trial for December 27, 1957, plaintiff served notice for the deposition of Parker to be taken in New York City on November 25, 1957, and of a proposed issuance of a dedimus potestatem for the deposition. On November 13, 1957, defendant moved to quash the notice served upon it and the Clerk of the court for the issuance of a dedimus potestatem. The grounds set forth in the motion to quash were that no affidavit was attached to the notice; that no showing under oath was made that the testimony of Parker was material; that no showing under oath was made that Parker was unable to attend the trial; and that no attempt had been made to obtain the deposition of Parker until February 20, 1957. The motion to quash also alleged that on prior occasions Parker had been available in Chicago, and that it would work an undue hardship on defendant and would be unreasonable and cause unnecessary expense to have defendant represented by an attorney in the taking of the deposition. The motion to quash was not verified but contained a certificate of counsel that it was well founded in point of law and not interposed for the purpose of delay. The court ordered that the "issuance" of a dedimus potestatem be "quashed." On December 27, 1957, when the case came on for trial the attorney for plaintiff stated that without the deposition which the court did not permit plaintiff to secure, it was unable to prove its case as the testimony of the witness, Parker, was essential to the proof of the cause. Counsel for the defendant announced that it was ready for trial. After a colloquy between the court and counsel as to the kind of an order that should be entered, the court said: "Let the order be as follows: `Trial commenced, the plaintiff rests without presenting any evidence or testimony on the issues. Finding for the defendant. Judgment on the finding.'" The record, however, shows that the final order entered was that the court finds the defendant not guilty, that judgment be entered on the finding, that plaintiff take nothing by its suit, and that defendant recover its costs from the plaintiff. Plaintiff, appealing, prays that the judgment be reversed, that the order of November 13, 1957, quashing the dedimus potestatem be held for naught and that the cause be remanded for a trial.
When the case was called for trial on December 27, 1957, the attorney for plaintiff indicated that he could not proceed without the witness Parker, and suggested that the court enter a judgment against plaintiff so that it could appeal and urge in the Appellate Court that the court erred in preventing it from taking the deposition. The attorney for defendant suggested that the plaintiff could take a non-suit and also moved that the cause be dismissed for want of prosecution. The plaintiff declined to take a non-suit and resisted the motion to dismiss the cause for want of prosecution. The plaintiff did not ask for a continuance. On the defendant announcing that it was ready for trial the plaintiff stated that it rested. The court announced that it would sustain defendant's motion to dismiss for want of prosecution. The case was then continued until January 3, 1958. From the colloquy it appears that the parties were in doubt as to whether an appeal could be prosecuted by the plaintiff from an order dismissing the cause for want of prosecution. The court finally decided to enter an order showing that a trial was commenced, that plaintiff rested without presenting any evidence, a finding for the defendant and judgment on the finding.
An order dismissing a cause for want of prosecution is an involuntary non-suit and is final in its nature and appealable. See Craven v. Craven, 407 Ill. 252, 255; Zisook v. Industrial Commission, 347 Ill. App. 178. In People v. Bristow, 391 Ill. 101, the court said (110): "All dismissals of actions at law are without prejudice. When so used, the words merely indicate that the suit is dismissed without a decision on the merits." In the instant case no testimony resolving the issues was submitted. The form of the order finally announced by the trial judge was entered in the belief that in order to have an appealable order it would be necessary to show a trial and judgment and that an appeal could not be prosecuted from an order dismissing the cause for want of prosecution.
We turn to a consideration of the contention of plaintiff that the court erred in quashing the dedimus potestatem. Defendant's motion to quash was heard on November 13, 1957. At that time the case was set for trial for December 27, 1957. The deposition of Parker was to be taken in New York on November 25, 1957. The prime reason assigned by the trial judge for sustaining defendant's motion was that the plaintiff had ample opportunity to take the deposition of the witness in Chicago and New York and failed to do so. It will be observed that approximately one month would elapse between the time of taking the deposition and the trial. Counsel for plaintiff assured the court that he would not ask that the case be delayed beyond December 27, 1957. The court felt that it would be "unfair to have to go to New York and possibly have to obtain counsel in this kind of a situation."
The Rules of the Municipal Court of Chicago pertaining to depositions are identical with the Rules of the Supreme Court. Supreme Court Rule 19-1 provides that the deposition of any person may be taken without leave of court at any time after the commencement of the action, and that the trial of a case shall not be delayed for the taking of depositions unless due diligence is shown. In the instant case it does not appear that the trial of the case would be delayed because of the taking of the deposition. Rule 19-2 specifies the persons before whom depositions may be taken. A dedimus potestatem or commission is not required, but if desired shall be issued by the clerk upon application without notice and may designate the officer either by name or descriptive title. In view of the liberal provisions for the taking of depositions we cannot understand why the plaintiff sought permission of the court to take the deposition of Parker on February 25, 1957. On the oral argument we inquired as to why in November, 1957, the plaintiff served notice that it would ask the clerk to issue a dedimus potestatem and were informed that it would be required under the law of New York should the witness refuse to appear. The comment by the joint committee states that the rule eliminates the necessity for a dedimus potestatem or commission but permits its issuance so that it may be obtained when necessary under the law of the place where the deposition is to be taken. The New York Civil Practice Act, Sec. 311, C.P.R. 137, provides that a recalcitrant witness may be punished in the same manner as in an action pending in a New York court, and that the verified petition shall have annexed thereto a copy of the "commission, order, notice, consent or other authority under which deposition is taken." The New York courts would recognize the validity of the procedure under the Illinois rules. Therefore, it would be unnecessary to secure a dedimus potestatem or commission from the clerk of the court as an essential step in a proceeding in a New York court against a recalcitrant witness.
In the taking of a deposition under the Illinois practice there is no requirement that an affidavit be attached to the notice to take a deposition, nor is there a requirement that there be a showing under oath that the testimony of the witness (Parker) is material and necessary in the trial, as assumed in the motion to quash. We assume that the trial court acted under the provision of Rule 19-5 that after notice is served for taking a deposition, on motion seasonably made by any party or by the deponent, for good cause shown the court may order that the deposition not be taken. The record does not show at whose request or why the numerous continuances were granted. The effect of the order entered by the court on November 13, 1957, was that the deposition of Parker "not be taken." It does not appear that the taking of the deposition of Parker would delay the trial which was then set for December 27, 1957. The attorney for the plaintiff asserted that he would be ready for trial on that date and would not ask for a continuance. If the court felt that the taking of the deposition would cause undue hardship to the defendant because of the expense or for any other good cause, the court had authority to direct that the deposition proposed to be taken orally be taken in whole or in part on written questions. See Supreme Court Rule 19-5. It will be observed that Rule 19-6(2) provides that in lieu of participating in the oral examination, the parties served with notice of taking a deposition may transmit written questions to the officer, who shall propound them to the witness and record the answers verbatim. Under Rule 19-6(1) on motion of any party upon whom the notice is served, the court may for cause shown extend or shorten the time. The defendant could request that the deposition be taken sooner than November 25, 1957. Rule 19-6(3) gives the court broad power where an examination is being conducted in bad faith or otherwise, and provides that the court may impose upon either party or upon deponent the requirement to pay costs or expenses, including reasonable attorney's fees, or both as the court may deem reasonable. Rule 19-10 deals with the use of depositions and provides, among other things, that all or any part of an evidence deposition may be used by any party for any purpose if the court finds that at the time of the trial the deponent is out of the county, unless it appears that the absence of the deponent was procured by the party offering the deposition. The record does not show that the witness Parker would be available in this jurisdiction at the time the case was set for trial, nor does the record show that the absence of Parker at the time of the motion to quash or at any other pertinent time, was procured by the plaintiff. It is manifest that the rules contemplate that the taking of depositions shall be facilitated and not circumscribed by conditions as contemplated by defendant's motion. There was no basis for the order quashing the notice to take the deposition of Parker, which was equivalent to an order under Rule 19-5 (2) that the deposition "not be taken." The judgment is reversed and the cause is remanded with directions to deny defendant's motion to strike the notice to take the deposition of Parker and for other proceedings not inconsistent with these views.
Judgment reversed and cause remanded with directions.
FRIEND, P.J. and BRYANT, J., concur.
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|Mann and wife
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text: We've eaten here several times with enjoyable results. It's a good neighborhood spot; with tables outside and inside service has been good, and the food in interesting. We did a family take-out from here during a recent holiday, they were busy and maybe overloaded. Some of our dishes were not as good as those we'd had eating in, but we'll... More


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Each ticket in HelpDesk can have attachments if set so in the operator panel - settings. The client will have the possibility to upload up to three files when creating the ticket and more if necessary later ...
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Address: Hch. Bosshardstrasse 26, 8352 Elsau
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Baby Boys Blue Prairie Print 'Ewald' Top
Baby boys blue, long-sleeved top by Molo, with a single popper fastening on the shoulder. Made in a soft stretch cotton jersey, it features a prairie scene print with wild buffalo and American police cars. The designer's logo is attached to the side.
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- Designer colour: Prairie Chase
- Style name: Ewald
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Clearly the most romantic couple around
'Yeah best not feed the crazy' ... Regarding his batsh!t crazy family and the endless drama they seem to create.
"<our dogs name> *** hole is in the garage"
After she barked and barked and barked at nothing, had to tell hubby in case I fell asleep because she had no water or bedding in there lol
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text:
Herbed Pork Chops & New Potatoes
|Center cut pork chops
|6 Ounce
|Small red potatoes
|1 Pound
|Non fat chicken broth
|1 Cup (16 tbs)
|Dried rosemary
|1 Tablespoon, crumbled
|Dried marjoram
|1⁄2 Tablespoon, crumbled
|Dried sage
|1⁄2 Tablespoon, crumbled
|1 Tablespoon
|Black pepper
|1 Tablespoon
|Cider vinegar
|1 Tablespoon
|Non fat cooking spray
|1 Tablespoon
Remove any visible fat from the chops.
Place the chops in a flat glass pan.
Scrub the potatoes, cut into wedges and put in a resealable plastic bag.
Mix together in a medium bowl the broth, rosemary, marjoram, sage, salt, pepper and vinegar.
Pour one-half of the marinade over the chops and pour the remaining marinade into the plastic bag with the potatoes.
Cover the chops tightly seal the plastic bag and refrigerate both containers overnight.
Coat the grill with cooking spray and preheat for 5 minutes.
Place the potatoes in the grill and cook for 4 minutes.
Push the potatoes to the sides of the grill and add the chops.
Grill for 5-6 minutes.
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 208 Calories from Fat 50
% Daily Value*
Total Fat 6 g8.6%
Saturated Fat 1.4 g6.8%
Trans Fat 0 g
Cholesterol 29.3 mg9.8%
Sodium 1636.5 mg68.2%
Total Carbohydrates 29 g9.7%
Dietary Fiber 5.7 g22.8%
Sugars 1.2 g
Protein 13 g26.1%
Vitamin A 7.8% Vitamin C 43.8%
Calcium 15.7% Iron 29.7%
*Based on a 2000 Calorie diet


text:
Discussion in 'LCD & LED LCD TVs' started by Rookies, Oct 15, 2005.
As title what size do people go for, for bedroom. I like to keep cost as low as possible really.
I have a 26" DMTech with built in DVD player and I think it's about right. However, it really depends on the size of your room. When in bed I'm about 3.5m away, I would have liked a little bigger but the space between the windows limited the size of panel I could use. Cost about 6 months ago was £750 from John Lewis, it's got a 5 year warranty, the built in DVD however is only covered by a 2 year warranty.
Now DMTech do the same model with a built in digital receiver so it would be great to get the extra channels, for now I'm stuck with just the 5.
Cheers mate for your reply
I am sat about 2m away as it be in the place like where your is like in front of the bed on the wall
Hmm dont fancy spending alot thou
Separate names with a comma.


text:
LEONIA - Firefighters in Leonia dealt with a type of fire they have never had to face before.
The department was called to Overpeck County Park Thursday afternoon for reports of a dinosaur fire. It turns out one of the animatronic dinosaurs at the Field Station Dinosaur park caught fire during routine maintenance.
"When the dinosaurs are all closed up, we fireproof them," says Field Station Dinosaur President Guy Gsell. "This guy was opened because we were doing some last-minute [welding] and a spark got away from us."
The fire destroyed the Argentinosaurus model, which was touted as the largest animatronic dinosaur in the world. All the other dinosaurs were OK and no people were hurt.
Field Station Dinosaurs was previously located in Secaucus and only recently moved to Overpeck County Park. It will reopen Memorial Day weekend.
Report of a dinosaur on fire today. That was definitely a first for us. Sadly the dinosaur did not survive. pic.twitter.com/xKyPfurvXo— Leonia Police Dept (@LeoniaPD) May 12, 2016
These dinosaurs survived, however they refused to give a witness statement. pic.twitter.com/ydqq3bjutF— Leonia Police Dept (@LeoniaPD) May 12, 2016
Pic of @LeoniaFireDept putting out the dinosaur on fire. pic.twitter.com/RRH0AiMCy0— Leonia Police Dept (@LeoniaPD) May 12, 2016