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Lathrop-Manteca Fire Chief Gene Neely knows that there's a tough road ahead for the district.
Manteca Police K-9 "Blazer" made his own history in drug investigations in partnership with his handler Officer Chris Mraz who currently heads up the Canine Unit with the rank of sergeant.
Guess is opening a factory outlet store in the Promenade Shops at Orchard Valley.
Before ACE passenger trains zip over the Altamont at speeds approaching 150 mph the odds are conventional trains will do so at speeds around 90 mph.
The longest-running annual school fund-raiser in Manteca will have a few changes this year. However, faithful fans of the St. Anthony of Padua School's 45th annual Holiday Luncheon and Crafts Faire will still find the same traditional treats that has made this early Christmas extravaganza a perennially popular shopping opportunity, if not a festive occasion for co-workers and friends to meet and enjoy lunch.
As a nurse practitioner that specializes in women's issues, Robin Mesa knew how important breast self-examinations were.
RIPON - Julie De Araujo, Bethany Home's director of development in Ripon, has been nominated to receive recognition for her efforts in dedication, time and fundraising in support of the philanthropic needs of her community.
RIPON - An estate planning workshop – including information on "Crops Unitrust" – a unique way for farmers to give to their favorite charities, is being offered by the Bethany Home Foundation.
SONORA - Sonora again will host the magical and mystical world of All Hallows, where reality meets the fantasy world of old the weekend of Oct. 22-23.
STOCKTON - The Stockton Symphony presents the Sphinx Virtuosi in a special concert on Friday, Oct.21, at 7:30 p.m. at Faye Spanos Hall on the University of the Pacific campus.
LATHROP – Three Lathrop women in leadership positions were honored recently for their contributions to the community and for "making a difference in San Joaquin County and abroad."
Banning the wearing of gang colors and motorcycle club regalia from downtown Manteca during the Pumpkin Fair was possible because in issuing permits the city essentially turned over control of the streets to the Sunrise Kiwanis.
STOCKTON – In the book, "Becoming Dr. Q: My Journey from Migrant Farm Worker to Brain Surgeon," the six-page acknowledgments ends with these three sentences: "How can I thank my wife? Anna, you are the best in-house editor, fellow traveler, life partner, friend, mother, and role model I could have imagined in the journey of writing this book. Thank you for everything. I love you."
LATHROP – Drivers along Mossdale Road are about to get an unexpected surprise.
A program in the Republic of the Congo that is helping empower women and children is one of the projects that will benefit from this year's Heavenly Holiday Tea fund-raiser by the Women's Ministry at The Place of Refuge in Manteca.
RIPON - When the coach says to come out aggressive, it pays to come out aggressive.
What is there to do in Manteca on a Friday night in December?
Battalion Chief Dave Luis drew an overflow crowd to the P.L. Fry and Son Chapel on Manteca's North Union Road filling the interior ...
He's seen as either somebody who fights unapologetically for those who elected him or somebody who was willing to go so far as break ...
LATHROP – The City of Lathrop is preparing for the massive growth that is coming its way.
The top spellers in the area will gather Wednesday at the San Joaquin County Office of Education's Wentworth Education Center, 2707 Transworld Dr. in ...
The largest residential development so far in Manteca history - and one that is slowly changing the city's demographics -is the progression of an idea ...
The annual "Taste of Ripon" 21st annual event brought out the excitement of the holidays with couples and small groups strolling through the downtown enjoying ...
A stretch of Mulholand Drive in Ripon was recently repaved.
Scott Heaton and his City of Manteca crew added a new touch to lighting up the city Christmas tree.
Manteca's first industrial employer wasn't Spreckels Sugar.
The San Joaquin Regional Transit District (RTD) compares favorably with other forms of transportation in the county, RTD spokesman Nate Knott told Manteca Rotarians at ...
Manteca's city manager Elena Reyes, after serving only a four-month tenure in her new position, has been placed on paid administrative leave, according to ...
The names on the sheets of paper posted outside of Doctor's Hospital of Manteca Wednesday night told a story.
It was the scene of a runaway driver on Sallie O Drive at 10 p.m. Tuesday night when a DUI driver's wild but ...
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NEW HARMONY - Cannelton built a 37-20 lead early in the second half and held on to beat New Harmony 61-53 in boys basketball Friday.
Chase Gerber scored 10 points and Tyler Aud added nine in the Bulldogs' strong first half.
"The first half we had good ball movement and were doing the things we need to do on offense," said Cannelton Coach Brian Garrett.
"The second half we started dribbling the ball too much and we had kids taking the ball one-on-three. If it's one-on-three, obviously two people have to be wide open.
"At times when we get a lead we don't know how to play with it. We don't have court awareness at times."
Still the closest the Rappites ever came in the second half was six points.
Cannelton guard Tyler Aud had a cold shooting night from the field (4 for 19, including 3 for 12 from three-point range) but still led the Bulldogs with 16 points.
Chase Gerber came off the bench to add 14 points and 10 rebounds, his second consecutive double-double.
Ethan DuPont added nine rebounds as the Bulldogs edged the Rappites 37-35 in that category.
Aud made four steals and Justin Dooley added three. Michael Purcell had four assists.
Reserve Robert Perry led New Harmony with 12 points.
Justin Williams added 10 points and eight rebounds. Isaac Field also grabbed eight rebounds.
With their third straight win the Bulldogs improved to 5-8, their most victories in four years.
New Harmony fell to 1-14.
Cannelton will visit Hancock County Friday at 6 p.m. There will be no junior varsity game, as the varsity boys contest will be followed by a girls game between the two schools.
* * * *
New Harmony's JV beat Cannelton 48-46.
Cody Lawalin scored 21 points to lead Cannelton, 2-8.
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Title: The German Photographic Annual 1962
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Publication Date: 1962
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Gray cloth binding, spine and edges slightly darkening, pages very slightly toning. Best photos of that year chosen from thousands with comments from the jury. Bookseller Inventory # 000456
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Who do you support for Governor in Oregon in 2010?
Posted in the Veneta Forum
United States
#1 Oct 13, 2010
Kitzhaber made some small mistakes, but knows the system and people. This is valuable in though times. Dudley is a puppet on a string for developers who helped get us in this current mess. Do not want to repeat that issue.
United States
#2 Oct 13, 2010
One of my first questions to the Chris Dudley campaign was what Dudley's position on Liquefied Natural Gas Receiving Terminals and accompanying high pressure natural gas pipelines was and got back a completely non-specific and generic comment of no value whatsoever and so far, the guy has never improved on it to my knowlwedge.
This issue and its magnitude and impact in The State of Oregon is such that anybody running for the vote in public office cannot ignore it and he has. Therefore and from where I'm from, he will not get my vote.
#3 Oct 13, 2010
Duh. Health care, attacks on via taxes.
United States
#4 Oct 13, 2010
Oregon needs a change. Kitzhaber had his chance.
#5 Oct 13, 2010
Kitzhaber isn't the perfect candidate, but he is a reasonable compromise of experience and policy. Dudley's lack of government and even corporate leadership experience are significant concerns. His politics also represent many of the ideas that got this country into trouble during the Bush Jr. presidency era.
#6 Oct 13, 2010
The dmemocrats have run Oregon into the ground. Time for a change.
#7 Oct 13, 2010
#8 Oct 13, 2010
Democrat candidate
#9 Oct 13, 2010
LNG is a dead issue...and even if it wasnt it certainly doesnt come close to your hyperbolic ranting about "it's magnitude of impact" is just hot air. Most of the people around the state dont know or don't care about it. Oregon needs a republican who believes in limited government in the governor chair. The democrats have had it too long and have run the state to the poor house. Time for change. Vote Dudley
#10 Oct 13, 2010
LNG? A dead issue? I think not! Repub for Governor? Again! I think not!
#11 Oct 14, 2010
Oregon is in a fiscal mess and a tax and spend governor with a proven record of destroying ORs economy need not be elected again.
#12 Oct 14, 2010
EVERY Oregonian has $42,000 of additional debt, because of irresponsible spending by the Dems!
While not a fan of Dudley, I'm forced (again), to vote for the lessor of two evils.
#13 Oct 14, 2010
schools nedd help and jobs
#14 Oct 14, 2010
Yeah, well, you worry about New York and we'll worry about Oregon. Nobody here cares what you think
#15 Oct 14, 2010
Kitzhaber is just more of the same.
#16 Oct 14, 2010
Did not like Kitzhaber first time around. Will probably vote for Dudley to balance the Democrat controlled congress, in spite of him being totally for business. If he wins I will vote to toss him next time out I am sure.
#17 Oct 14, 2010
Dudley is the rational choice, but only the votes of Willamette Valley liberals will count; thus we will have Taxhobber Redux. Liberals in Portland and Eugene continually vote to raise there taxes, because politicians threaten to close schools and empty the jails. Thus we pay more and more taxes to support failing schools and increasingly overcrowded jails. To paraphrase H.L. Menken "Democracy is the theory that the common people know what they want, and deserve to get it good and hard". Thus we shall get Taxhobber III on November 2, and the Oregon liberal elites deserve him "good and hard".
#18 Oct 14, 2010
Typical, smarmy, ditto head...what, do they pay you in cigarettes?
#19 Oct 14, 2010
glad to see so many chiloquin people in here
Since: Jan 10
#20 Oct 15, 2010
Kitzhaber is the only reasonable choice. Republicans would cut taxes on the rich, raise taxes on the poor and reduce regulations on big business!!!
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The Brown Brothers were late 19th Century and 20th Century painters and decorators at McAlpine's Buildings, Stonefield. They are noted in Naismith's Directory of 1879 and as late as adverts in the 1950's. 218 more words
Tags » Brown Brothers
Guilty pleasures and objectivity in tastings
There are wines that have more interest than their score indicates. These will be wines with a story.
The story could be
- Some personal relationship with the winemaker, or winery… 584 more words
Wine for sure! ❤🍷
I'm here to let you in on a little secret… 278 more words
George Peabody: Panics and Financial Collapses
George Peabody born in South Danvers in what is now Peabody in 1795. He was born into a large poor family he struggled throughout his life to keep up with. 1,602 more words
Brown Brothers Cienna Sangria
Thanks to Brown Brothers, I would like to share with you all a refreshing drink perfect for this summer weather. Lighter than a traditional Spanish sangria this cocktail is fresh and fruity, featuring Brown Brothers Cienna. 61 more words
Road Tripping: Wangaratta and Milawa, Victoria
Our last road trip in Australia involved a journey to seek out our favourite wine, made by Brown Brothers and very hard to find in supermarkets back home! 393 more words


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1. Move over Michael Phelps, this man is the greatest aquatic athlete of all time.
4. At the end, he seems okay. Well as okay as anyone who would do this can seem. (read: Insane, but alive)
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In The News Today
- The trial to watch in Trump's America: A doctor faces a manslaughter charge after his patient died following an abortion.
- Chancellor Angela Merkel of Germany has for the first time said that she backs proposals for a partial ban on burqas.
- The Supreme Court threw out a $399 million judgment against Samsung over the iPhone's design.
- Grammy nominations are out. Beyoncé has earned 9, including Album of the Year. Drake, Rihanna, and Kanye West each got 8 nods 💿🎶


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Bring to boil the applesauce and add the dry Jello. Then add the crushed pineapple and the can of 7-Up. Refrigerate until ready to serve.
By Sandy from Graettinger, IA
Sandy, how large a can of applesauce do you use?
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September 12, 1979
EDUARDO CRUZ, Petitioner,
ROBERT ALEXANDER and EDWARD HAMMOCK, Chairman of the New York State Department of Parole, Respondents.
Petitioner Eduardo Cruz ("Cruz") was convicted of possession of explosive substances in the New York Supreme Court, and was sentenced in 1971 to a term of seven years. His conviction was affirmed by the Appellate Division, People v. Cruz, 41 A.D.2d 1027, 343 N.Y.S.2d 786 (1st Dep. 1973), and by the New York Court of Appeals, People v. Cruz, 34 N.Y.2d 362, 357 N.Y.S.2d 709, 314 N.E.2d 39, Mod., 35 N.Y.2d 708, 361 N.Y.S.2d 641, 320 N.E.2d 274 (1974).
In this habeas corpus proceeding, brought under 28 U.S.C. § 2254 (1976), petitioner seeks to set aside his conviction on the grounds that it was obtained in violation of the federal wiretapping statute, Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510 Et seq. (1976), ("Title III") and the Sixth and Fourteenth Amendments to the United States Constitution.
Cruz claims that both he and his counsel were subjected to illegal electronic surveillance prior to and during his trial and that the State of New York must affirm or deny the existence of such surveillance. Cruz bases this asserted right to compel the state to respond to his claim on Title III, 18 U.S.C. §§ 2515, 2517(4) (1976), and the Sixth Amendment as incorporated by the Fourteenth Amendment.
Cruz moved on five occasions during his trial and also on appeal to the New York Appellate courts to have the government disclose whether it had engaged in electronic surveillance. He alleged that the prosecuting attorney twice revealed information at trial which could only have been obtained from surveillance.
Before reaching the merits of petitioner's claim, this court must consider whether the Supreme Court's decision in Stone v. Powell, 428 U.S. 465, 96 S. Ct. 3037, 49 L. Ed. 2d 1067 (1976), bars the review of petitioner's claims. This court finds that Stone does not bar review of Cruz's petition for two reasons. First, the Court in Stone limited the availability of habeas corpus relief only for state prisoners who allege violations of their Fourth Amendment rights. Here, by contrast, petitioner's claims arise under Title III and the Sixth Amendment. The carefully restricted holding in Stone does not apply to these claims. Second, even assuming that Stone were to be applied to petitioner's claims, habeas relief would not be precluded, since petitioner did not receive "an opportunity for full and fair litigation" of his claims in the New York State courts. Id., 428 U.S. at 494, 96 S. Ct. at 3052.
The Supreme Court in Stone v. Powell held that Federal habeas corpus relief under 28 U.S.C. § 2254 was not available to state prisoners who allege that evidence was introduced at their trial in violation of the Fourth Amendment exclusionary rule. Concluding that the judicial costs of applying the Fourth Amendment's exclusionary rule in habeas cases outweigh the minimal deterrent effect on unlawful police conduct from applying the rule, the Court held:
(W)here the State has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not be granted federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial.
Id. at 494, 96 S. Ct. at 3052. The Court carefully restricted its holding to habeas corpus petitions based on the Fourth Amendment. It stated that its decision did not concern "the scope of the habeas corpus statute as authority for litigating constitutional claims generally." Id. at 495 n.37, 96 S. Ct. at 3052-3053.
The Supreme Court has not extended its Stone decision beyond Fourth Amendment habeas claims. It has declined to use the Stone standard in adjudicating habeas corpus claims not based on the Fourth Amendment. See, e.g., Brewer v. Williams, 430 U.S. 387, 97 S. Ct. 1232, 51 L. Ed. 2d 424 (1977); Castaneda v. Partida, 430 U.S. 482, 51 L. Ed. 2d 498, 97 S. Ct. 1272 (1977); Wainwright v. Sykes, 433 U.S. 72, 87 n.11, 97 S. Ct. 2497, 53 L. Ed. 2d 594 (1977). The lower federal courts in this and other circuits have followed the Supreme Court in restricting Stone to Fourth Amendment claims. See, e.g., United States ex rel. Henne v. Fike, 563 F.2d 809 (7th Cir. 1977), Cert. denied, 434 U.S. 1072, 98 S. Ct. 1257, 55 L. Ed. 2d 776 (1978). They have continued to review claims by habeas corpus petitioners based on violations of the federal wiretapping statute
and the Sixth Amendment
the two claims raised by petitioner in this case as well as double jeopardy,
due process,
and cruel and unusual punishment.
Cruz bases his habeas petition on Title III and the Sixth Amendment. Neither of these claims is barred by Stone v. Powell. Title III, 18 U.S.C. § 2515 (1976), provides:
Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.
Claims based on Title III are independent of Fourth Amendment claims and therefore not subject to the Stone decision. See Losinno v. Henderson, 420 F. Supp. 380 (S.D.N.Y.1976) (Weinfeld, J.). See also Alfano v. United States, 555 F.2d 1128 (2d Cir. 1977), and Vitello v. Gaughan, 544 F.2d 17 (1st Cir. 1976), Cert. denied 431 U.S. 904, 97 S. Ct. 1696, 52 L. Ed. 2d 388 (1977) (deciding Title III based habeas claims without considering the Fourth Amendment or the constraints of Stone ). The exclusionary rules of § 2515 and of the Fourth Amendment are different in their origins and purposes. The latter is a judicially created rule designed to protect Fourth Amendment rights and, in particular, to deter future police misconduct. See Stone, supra, 428 U.S. at 482, 486, 96 S. Ct. 3037; United States v. Calandra, 414 U.S. 338, 347-48, 94 S. Ct. 613, 38 L. Ed. 2d 561 (1974). The judicial origin of the Fourth Amendment exclusionary rule makes it possible for courts to modify the rule, as was done in Stone.
In contrast, the Title III exclusionary rule was created by Congress as part of a comprehensive scheme of criminal and civil sanctions. Only Congress has the power to change the statutory rule in § 2515. See Losinno, supra at 385 n.19.
Under the test enunciated in Davis v. United States, 417 U.S. 333, 346, 94 S. Ct. 2298, 2305, 41 L. Ed. 2d 109 (1974), a federal statutory claim "which lack(s) a constitutional dimension" may be collaterally reviewed if it raises "a fundamental defect which inherently results in a miscarriage of justice" and if it presents "exceptional circumstances where the need for the remedy afforded by the writ of Habeas corpus is apparent." Petitioner's Title III claim meets this test. The violation that Cruz alleges is absolutely prohibited by § 2515, a key provision of Congress's ambitious wiretapping statute.
A conviction based on evidence obtained in violation of that statute is fundamentally defective and results in a miscarriage of justice.
Cruz's claim of illegal surveillance also implicates his Sixth Amendment right to the effective assistance of counsel. Illegal electronic surveillance violates a defendant's Sixth Amendment right to counsel whether it involves conversations between the defendant and his lawyer,
counsel and third persons,
or the defendant and third persons.
Cruz claims that the government may have wiretapped additional discussions concerning his defense that he and his counsel had with one another and with third persons. Cruz also has made specific allegations of government wiretapping of conversations between his counsel and third parties.
An illegal wiretap of such conversations, including discussions of legal strategy and other confidential matters, constitutes a serious violation of a defendant's right to the effective assistance of counsel. See United States v. Hoffa, 387 U.S. 231, 87 S. Ct. 1583, 18 L. Ed. 2d 738 (1967).
Whereas the Fourth Amendment exclusionary rule is a judicially created prohibition designed to deter police misconduct and is not "a personal constitutional right," Stone v. Powell, supra 428 U.S. at 486, 495 n.37, 96 S. Ct. 3037, the Sixth Amendment right to counsel is a critical personal constitutional right that is "indispensable to the fair administration of our adversary system of criminal justice." Brewer v. Williams, supra, 420 U.S. at 398, 97 S. Ct. at 1239. See also United States ex rel. Tyrrell v. Jeffes, 420 F. Supp. 256, 263 (E.D.Pa.1976), Cert. denied, 430 U.S. 958, 97 S. Ct. 1606, 51 L. Ed. 2d 808 (1977). The possible violation of this constitutional right therefore provides a sound basis for reviewing petitioner's writ.
In order to assert violations of Title III and the Sixth Amendment in a section 2254 petition, of course, Cruz must show that he has exhausted his remedies with respect to these claims in the New York State courts. 28 U.S.C. § 2254(b) and (c) (1976); Preiser v. Rodriguez, 411 U.S. 475, 477, 489, 93 S. Ct. 1827, 36 L. Ed. 2d 439 (1973); Picard v. Connor, 404 U.S. 270, 276, 92 S. Ct. 509, 30 L. Ed. 2d 438 (1971); Kennedy v. Fogg, 468 F. Supp. 671 (S.D.N.Y.1979). In the instant case, the exhaustion requirement of section 2254 has been satisfied. As stated below, petitioner repeatedly raised his claim of illegal wiretapping to the trial court and again on appeal. Each of these courts was presented with an opportunity to rule upon the claims that Cruz seeks to present in this court and refused relief. This vigorous assertion by Cruz of his rights is sufficient to meet the exhaustion requirement. As the Supreme Court stated in Wilwording v. Swenson, 404 U.S. 249, 250, 92 S. Ct. 407, 408, 409, 30 L. Ed. 2d 418 (1971), "Section 2254 does not erect insuperable or successive barriers to the invocation of federal habeas corpus." The Court specified that, "Petitioners are not required to file "repetitious applications' in state courts." Id. (citing Brown v. Allen, 344 U.S. 443, 449 n.3, 73 S. Ct. 397, 97 L. Ed. 469 (1965)). Accord Codispoti v. Howard, 589 F.2d 135, 140-42 (3d Cir. 1978); Allen v. County Court of Ulster County, 568 F.2d 998, 1001-2 (2d Cir. 1977), Rev'd on other grounds, 442 U.S. 140, 99 S. Ct. 2213, 60 L. Ed. 2d 777 (1979).
Even if this court were to assume that Stone is applicable to this case, habeas relief would not be precluded. Under Stone, supra, 428 U.S. at 494, 495 n.37, 96 S. Ct. at 3053 n.37, a Federal district court may grant habeas relief if the state has failed to provide "an opportunity for full and fair litigation" of a petitioner's claim. The Court of Appeals in Gates v. Henderson, 568 F.2d 830, 840 (2d Cir. 1977) (en banc), Cert. denied, 434 U.S. 1038, 98 S. Ct. 775, 54 L. Ed. 2d 787 (1978), determined that in accordance with the rule set forth in Stone, habeas review remained available both where "the state provides no corrective procedures at all to redress Fourth Amendment violations . . . " and where "the state provides the process but in fact the defendant is precluded from utilizing it by reason of an unconscionable breakdown in that process . . . " Id. at 840. The Southern District of New York in United States ex rel. Conroy v. Bombard, 426 F. Supp. 97, 109 (S.D.N.Y.1976), ruled that habeas relief should be granted when the state does not provide " "a reasoned method of inquiry into relevant questions of fact and law.' "
Under these standards, the New York courts denied petitioner an opportunity for full and fair litigation of his wiretapping claim. Cruz was prevented from pursuing his illegal wiretapping claim because the state courts refused to order the government to affirm or deny the existence of wiretapping. In addition, the state courts failed to make a reasoned inquiry into Cruz's legal and factual allegations. The trial court refused to reach the claim when Cruz raised it before trial because it was then "premature." The trial court also declined to consider this claim when Cruz moved to vacate his conviction after the trial, assuring only that sufficient facts had been entered into the record to enable an appellate court to decide petitioner's claim. When petitioner sought leave to appeal from the trial court's denial of his motion to vacate, the Appellate Division denied him permission to appeal. See Certificate Denying Leave, App.Div. (May 3, 1973) (Capozzoli, J.).
The New York Court of Appeals, in turn, affirmed petitioner's conviction, stating only that while petitioner's claims of eavesdropping were "specific" they were "speculative" and therefore did not require any response from the prosecutor. People v. Cruz, 34 N.Y.2d 362, 369, 357 N.Y.S.2d 709, 714, 314 N.E.2d 39, 43 (1974). The court indicated in a footnote that it would have been disposed to remand petitioner's claim for further proceedings if the trial court had not already decided the claim:
Moreover, we are advised that the allegations of wiretapping of counsel were reasserted in a post judgment motion to vacate the conviction on which the People submitted an affidavit in opposition containing specific denials. The motion to vacate was denied and apparently no appeal was pursued. While we might otherwise be disposed to remand for further proceedings with respect to these allegations, in light of these developments such a course would now be purposeless.
People v. Cruz, Slip Op. No. 271, p. 4 (Ct.App.1974). The Court of Appeals apparently believed that the trial court had denied Cruz's motion to vacate by deciding petitioner's wiretap claims on the merits.
It therefore chose not to remand for further proceedings on the merits of petitioner's claim because it appeared that such proceedings had already been held.
Cruz moved for reargument in the Court of Appeals on the ground that the trial court had not, as the Court of Appeals stated, denied petitioner's motion to vacate on the merits, but had based its denial on the assumption that with sufficient facts entered into the record the merits would later be adjudicated on appeal. In response, the Court of Appeals amended its opinion by deleting the footnote explaining only that the deletion would "clarify the basis for . . . (its) holding." People v. Cruz, 35 N.Y.2d 708, 361 N.Y.S.2d 641, 320 N.E.2d 274 (1974).
The result of this procedural journey through the state judicial system is that neither the trial nor appellate courts addressed the merits of Cruz's wiretap claim because each believed that the other had done or would do so. Cruz thus became the victim of what his counsel aptly calls a "procedural "catch-22'." Cruz's opportunity to litigate his claim cannot have been full or fair when he was deprived in this way of a hearing in any court.
The facts of the present case differ from those underlying several Second Circuit decisions in which the court has denied habeas relief because the petitioner had received and taken advantage of an opportunity for full and fair litigation in state courts. See Simmons v. Clemente, 552 F.2d 65, 69 (2d Cir. 1977) (habeas relief denied because state judges in deciding a Fourth Amendment claim, had "made comprehensive findings of fact supported by a full record"); United States ex rel. Conroy v. Bombard, 426 F. Supp. 97 (S.D.N.Y.1976). In contrast to the cited cases, the state courts in the instant case never conducted a hearing or made findings of fact concerning petitioner's claim of illegal wiretapping. Indeed, petitioner was never given the opportunity to raise his claim of illegal wiretapping because his request that the government affirm or deny the existence of wiretapping was repeatedly denied.
Accordingly, even if Cruz's allegations of illegal wiretapping could be viewed as Fourth Amendment claims, habeas relief would not be precluded by Stone v. Powell. In this case, no state court conducted a "reasoned method of inquiry into relevant questions of fact and law." Conroy, supra at 109; Cf. Gates, supra at 843 (Oakes, Circuit Judge, concurring). As in Bulger v. McClay, 575 F.2d 407, 410-11 (2d Cir.), cert. denied, 439 U.S. 915, 99 S. Ct. 290, 58 L. Ed. 2d 263 (1978), petitioner received no "full and fair opportunity" to litigate his claim in the New York courts. The court concludes that it has jurisdiction under 28 U.S.C. § 2254 to adjudicate Cruz's habeas claims.
Turning to the merits of Cruz's claim, this court must decide two issues. First, has Cruz made a sufficient showing of unlawful electronic surveillance as to require the government to affirm or deny the existence of such surveillance? Second, if Cruz has made a sufficient showing, what would constitute an adequate response by the government?
With respect to the first issue, although a claim based on unsupported suspicions or patently frivolous contentions will not suffice, a "colorable" basis is all that is necessary to compel a response by the government. See United States v. Yanagita, 552 F.2d 940, 943 (2d Cir. 1977); In re Millow, 529 F.2d 770, 774-75 (2d Cir. 1976). This standard reflects an attempt to balance two competing concerns. On the one hand, it is inherently difficult for a subject of covert surveillance to detect and substantiate the existence of surveillance. On the other hand, each government response to an allegation of wiretapping will entail a delay and disruption of the trial. See Yanagita, supra, at 943.
In preparing a response, the government will also have to perform the substantial task of searching intelligence records. Id.
Viewed in light of these considerations, Cruz's showing of surveillance is sufficient to require that his claim be answered by the government. In cross-examining one of Cruz's witnesses during the trial, the prosecutor questioned him about a book which was never mentioned on direct examination and which Cruz's counsel claimed had been discussed on the telephone by him two days earlier. During his summation, the prosecutor referred to the trial testimony of an individual who in fact had never testified at the trial. The individual had allegedly been discussed as a possible defense character witness the day before in a telephone conversation between Cruz's counsel and a third party. Petitioner argues convincingly of the small likelihood that this information discussed by the prosecutor could have come from any source other than a wiretap.
Cruz's allegations are stronger than those made in cases where the Court of Appeals has required the government to affirm or deny that it has engaged in wiretapping. For example, in United States v. Toscanino, 500 F.2d 267, 270, 281 (2d Cir. 1974), the defendant made an unsubstantiated and rather farfetched claim that American officials in Uruguay had bribed an employee of the local telephone company to wiretap defendant's phone and that the results of the surveillance had been forwarded to government prosecutors in New York. The court ruled that this allegation was sufficient to trigger the government's obligation to affirm or deny whether it had conducted any wiretapping. See also United States v. Vielguth, 502 F.2d 1257 (9th Cir. 1974).
In In re Millow, supra, the court held that the defendant had not presented a claim sufficient to require the government to respond. In contrast to Cruz's strong factual showing of surveillance in the present case, the defendant in Millow offered only a "patently frivolous contention" and "indicated no factual circumstances from which it could be inferred that he was the subject of an illegal wiretap." Id. at 774. See also Matter of Archuleta, 561 F.2d 1059, 1062 (2d Cir. 1977) ("(s)ome mechanical troubles with a telephone, together with knowledge of a call easily derived from long distance telephone records, is such insubstantial evidence that in most cases it puts no burden on the prosecutor to "affirm or deny' the existence of wiretapping.")
The government's affirmance or denial of illegal wiretapping must be "factual, unambiguous, and unequivocal," United States v. Alter, 482 F.2d 1016, 1027 (9th Cir. 1973), and it must be sworn and in writing. United States v. Toscanino, supra at 281. It is essential that the government contact appropriate local, state, and federal agencies to determine if any of them have conducted electronic surveillance. See United States v. Toscanino, supra at 281; In re Millow, supra at 774; People v. Cruz, supra, 34 N.Y.2d at 370, 357 N.Y.S.2d 709, 314 N.E.2d 39. The results of this inquiry must be specifically and comprehensively reported and include such information as the "persons contacted . . . (within the agencies) . . ., the substance of the inquires and replies, and the dates of claimed surveillance to which the inquiries were addressed. People v. Cruz, supra at 369-70, 357 N.Y.S.2d at 714, 314 N.E.2d at 43. The government's response cannot be conclusory. United States v. Alter, 482 F.2d 1016, 1026 (9th Cir. 1973).
In United States v. Alter, supra, the court rejected the government's denial of wiretapping, which was based on inquiries made to six federal agencies, because the denial did not meet this standard of specificity. The court stated,
(The prosecutor) speaks in conclusory terms. He supplies no information whatever about the identity of the person or persons with whom he communicated, the substance of his inquiries, or the substance of the replies. He states no facts from which the court could conclude that the six agencies he lists are the only governmental agencies that could have been involved in electronic surveillance. Nor does the affidavit reveal the dates of claimed surveillance to which the inquiries were addressed. If any of the conclusions in the affidavit were later proved wrong, it would be virtually impossible to establish that the affidavit was perjured.
482 F.2d at 1027.
The prosecutor in the instant case denied the existence of wiretapping on two occasions. Both responses fall far short of the rigorous forthrightness that is necessary if § 2515 is to have any efficacy as a safeguard. During the trial, the prosecutor made an unsworn oral denial:
I have nothing no other statements by the witness on trial (the co-defendant), and nothing of an exculpatory nature of any kind, nor anything derived from any kind of surveillance of the nature (defense counsel) was talking about.
He also submitted a post-conviction affidavit stating:
At no time before or during that trial did I employ any electronic wiretapping or eavesdropping devices of any kind in the office of Barbara Handschu (petitioner's trial counsel) or any other place in order to gather evidence for that case. Additionally, no questions asked of any witness during the trial was (sic) based in any way on information gleaned from any electronic surveillance. Had the situation been otherwise, defense counsel, as required by law, would have been so informed.
The prosecutor's first denial provides far less information than his second, and does not satisfy the requirement of being sworn and in writing.
Therefore, we need only examine the second denial.
The post-conviction affidavit states only that the prosecutor did not personally conduct surveillance. It does not begin to indicate whether the records of any agency were examined to determine if petitioner was wiretapped. It therefore neither denies that any other governmental official engaged in any wiretapping nor that the prosecutor's information came from surveillance by federal, state or local law enforcement agencies. If the prosecutor did not make inquiries to government agencies, he is in no position to assert that his questions at trial were not based on information obtained from electronic surveillance. For instance, the prosecutor could not deny that the "police information," on which the prosecutor claimed many of his trial questions were based, was obtained by electronic surveillance.
The affidavit is fraught with what petitioner's counsel calls "negative pregnancy." While stating, "At no time did I employ . . .," the prosecutor does not deny that his agents may have conducted surveillance on his behalf. Further, the prosecutor denies having wiretapped only "in order to gather evidence for" the case. He leaves unanswered the question of whether surveillance was conducted for some other purpose.
The prosecutor's response is more conclusory than the government affidavit that was rejected in United States v. Alter, supra.
The latter at least stated that inquiries had been made to six federal agencies. Id. at 1027. The lack of clarity in the prosecutor's affidavit here is similar to that in the prosecutor's response in United States v. Vielguth, supra, where Judge Chambers, dissenting on a different issue, stated: " . . . (T)he response was insufficient. The affidavits are replete with the statement, "To my knowledge.' That, to me, is an obfuscation carrying with it all of the clarity of that pitiful phrase, "and/or', so prevalent in the 1930's." Id. at 1261.
In sum, instead of being forthright and unequivocal, the prosecutor's denial was qualified and conditional. The government must make a better effort.
It is therefore ordered, pursuant to Rule 7 of the Rules Governing Habeas Corpus Cases, 28 U.S.C. § 2254 that within 90 days the respondent expand the record in this proceeding by submitting to this court by affidavit the results of a written inquiry made to appropriate officials responsible for keeping electronic surveillance records for each of the Federal Agencies listed below. This inquiry is to disclose whether there has been at any time any electronic surveillance of any conversations of petitioner, of any premises in which the petitioner has claimed an interest, and of petitioner's attorneys during the period of the attorneys' representation of petitioner.
The inquiry is to be directed to the Federal Bureau of Investigation, the Central Intelligence Agency, the United States Secret Service, the Internal Revenue Service, the Bureau of Alcohol, Tobacco and Firearms, the United States Customs Service, the Drug Enforcement Administration, the United States Postal Service, and any other federal, state or local agency, such as the New York Police Department, if there is reason to believe that it may have been involved.
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Contact Listing Agent Shawn Jacobs 316-559-4521 www.E-Ferrals.com What a great investment opportunity! DO NOT DISTURB THE TENANTS!! Please conduct a drive by only. Showing desk will contact Listing Agent for Showings. SERIOUS BUYERS ONLY. Please provide proof of funds before scheduling showing. Properties to be sold AS IS WHERE IS.


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President Bush is a huge fan of markets. Rather than take meaningful action toward surging oil prices, he'll simply let the market correct itself. With the Chinese currency pegged to the U.S. dollar, the Administration is pressuring China to let it float. Let the markets determine currency values, not governments.
I think that's a great position actually. Markets do work, so we may as well let them. When it comes to free trade then, it's no surprise that Bush says he supports global free trade. After all, the global economy is a perfect example of a enormous market for goods and services at work. And it does work, very well in fact.
So it's no wonder that when the Bush Administration imposed steel tariffs in 2002, many of his supporters were irrate. The tariffs were imposed to stop cheap steel imports from flooding the U.S. market, hurting U.S. steel producers by increasing competition and lowering prices.
Dozens of U.S. steel companies had filed for Chapter 11 bankruptcy protection since the last 1990's due to an inability to compete effectively in the global market for steel. The tariffs were lifted in 2003 after the World Trade Organization pressured the U.S. and threatened to strike them down. Bush attempted to claim that the tariffs had served their purpose for a year, and now it was time to eliminate them, but everybody knew that it was simply a huge mistake, and fortunately there was enough pressure overseas that they were overturned.
However, the Bush Administration once again is attempting to close down the U.S. to free trade. The U.S. has reimposed quotas on Chinese textile imports such as cotton patnts, shirts, and underwear. How does reinstating quotas support the notion of free trade?
U.S. retailers have been urging Bush to not to reimpose the quotas. The reason is simple, prices for the U.S. consumer will go up as a result. Inflationary pressures are the sole reason the Fed has been raising interest rates. Quotas and tarriffs will only serve to increase prices, which will result in higher interest rates and lower economic growth, here and abroad.
Economic policies like these will only hurt the U.S. economy, and as a result, prevent a new bull market from getting underway anytime soon.
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taskbucks earn free paytm & mobikwik cash, taskbucks referral code
Android Tricks, Tech News, Loot Deals, Gadgets
Pankaj Bishnoi is the Founder & Admin of RdxTricks. a young part time blogger and student of B.com 1st. He is very passionate about blogging and his area of interests are SEO, Web Designing and keenness to learn Ethical tricks as well.
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La Prada needed a new logo design and created a contest on 99designs.
A winner was selected from 231 designs submitted by 52 freelance designers.
An stylish, elegant, and sophisticated cupcake bakery focused on using the finest ingredients combined with mastered baking skills to bring our customers the satisfaction of endulging themselves with the perfect cupcake.
Organization name in a stylised type/font becomes the logo.
An image or shape that is easily recognizable is used to represent your business.
An abstract shape or symbol is used to convey the values of your business.
red, brown, purple


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Stitcher Tips: Seek Bar
About This Show
Show Info: Use the seek bar, located just above the controls on the player to listen to different points with a show. Just use the rollerball to highlight the seek bar, click to take control of the current position indicator, and move it to where you would like to listen. Click again to drop the indicator, and start streaming from that part of the show.


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Duetto Introduces New Revenue Management Tool
Thursday May 23rd, 2013 - 10:23AM
These are shortcuts to your favorite social networking and bookmark sites. Add this story to your Facebook page, del.icio.us, DiggIt, and many others!
SAN FRANCISCO—Duetto launched its latest revenue management tool, Duetto Insight, which helps hoteliers of small and limited-service hotels forecast demand and optimize pricing.
Duetto Insight aims to offer simplicity in facing complex challenges seen as a result of the proliferation of distribution channels and shorter booking windows. According to Duetto CEO Patrick Bosworth, there is a mass of data available that impacts hotel demand and by pulling in new data sets, such as web shopping, review, airline, weather and macroeconomic data, Duetto Insight offers more accurate pricing decisions.
"The traction we have experienced with larger hotels globally has been tremendous," Bosworth said. "Smaller hotels were the missing piece and have been largely ignored in terms of RMS solutions. These hoteliers were left with various life products and some garage-built application that strip out too much functionality to be useful until now."
—Matthew Marin
Tags: • Hospitality • Operational •
The Hotel Business team just returned from this year's HX: The Hotel Experience, which was held in New York City at the Jacob K. Javits Convention Center. As we usually do post-event, we talk amongst ourselves about trends we noticed at the show, held in conjunction with BDNY. And while the latter—and now larger—show was abundant with design trends (let's just say blue seemed the prevalent color; bold, geometric forms the dominant shape; and metallics a common thread…pun intended!), the more traditional "hotel" side of the convention center had its own story to tell.
Best Western Names Board Chairman »
Four Seasons Plans First Ski Resort in French Alps
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John Hardy Group Adds to Leadership Team
AccorHotels Grows Footprint, Buys Stake in Banyan Tree
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10 June 2014, Tuesday, 16:44
author: Iliya Spiridonov
On June 10, Ufa exhibition complex "VDNKh-Expo" hosts the International Festival of franchises and business contacts Interfest-2014. It represents more than a dozen of franchised brands.
The event was organized by the Association of Business Cooperation RB together with investment agency "Gradient". The festival is held under the auspices of Bashkortostan Directorate of the Ministry of Industry and Trade RF.
The target audience of the festival is small and medium-sized businesses. About 500 entrepreneurs from Ufa, Almaty, Astana, Moscow, Yekaterinburg, Nizhny Novgorod, Kazan, Nizhnekamsk, Naberezhnye Chelny, Sterlitimak, Salavat, Neftekamsk expressed interest in the event.
The festival will also include a series of talks in the format of business connect. At these meetings, entrepreneurs interested in franchising will be able to communicate with the owners of brands and get answers to all their questions.


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This post is so overdue but life gets busy and family comes first, we had a leak, AGAIN! It's been 2 months since I walked downstairs in the early morning and the dishwasher had been running the whole night, 8 hours. 8 hours of water rushing under our cabinets, 8 hours! UGGGGG
Category Archives: Kitchen
DIY Kitchen Hacks On A Budget
I'm super excited to bring you 11 beautiful DIY kitchen hacks on a budget today! This is a new series I will be taking part in where us bloggers will be sharing everything DIY once a month, this months topic is kitchens! A big thanks so Julie from Redhead Can Decorate for inviting me along! So if you are new here, welcome! Our kitchen was the very first thing I posted on my blog 6 years ago, wow does time fly! It was a project my husband and I were extremely proud of and has been featured in Better Homes and Gardens. Now, if you walked into my kitchen today, you sadly won't see the same kitchen that I'm sharing with you today, I'll explain later in the post.
Get The Look For Less & A Kitchen Cheat Sheet
We all know that space, Sarah Richard's beautifully decorated kitchen with the fabulous patterns and colors that make for the perfect area for talking, laughing, eating and sharing. Realistically, we can't all afford top of the line everything, thank goodness for all the great products that Decor Planet sells for reasonable prices!
Whether your kitchen is small or large, it is the heart of the home. It is where the meals are created and memories are made. I will admit, come 6:30 in the morning I'm not so happy making eggs or toasting bagels, cleaning up and repeating many times throughout the day. However, come evening when we can all gather as a family, relax and talk about our day, nothing makes me happier. The boys are also of an age where they actually enjoy eating what I cook, good bye to the days of making grown up meals and kids meals. Do you realize I now actually love to cook dinners because I get to see our boys enjoying what has been put in-front of them, it truly warms my heart!
White & Elegant Kitchen Remodel
Do you know how long I have been waiting for this day to jump up and down with joy and shout from the top of my lungs THE KITCHEN IS DONE!!! It has been a LONG 22 months since the day we found the mold. So to say I am just a tad excited to bring you today's post is a huge understatement! So here it is, our white and elegant kitchen remodel.
Reader's Kitchen Remodel
A reader of our's, Karen had contacted us awhile back asking about our kitchen hood. So I was ecstatic when she recently sent us pictures of her mother's finished kitchen! They ended up doing a major renovation with new cabinets as well as having walls knocked out.
Readers painted kitchen cabinets
As a blogger, there is nothing more rewarding then receiving an e-mail from a reader thanking you for inspiring them. Every week I receive questions asking about certain projects we have completed. I am thrilled to help and always end my e-mail with….Make sure you send me pictures! So I was was ecstatic when she sent me pictures of her finished kitchen!


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Southern Smokies Catfish Pate
Total Time
Prep 10 mins
Cook 0 mins
Found this on the internet. You can buy smoked catfish or smoke your own.
Ingredients Nutrition
- 1⁄3 cup smoked catfish, flaked
- 1 (8 ounce) package cream cheese, softened
- 1⁄2 cup butter or 1⁄2 cup margarine, softened
- 2 tablespoons red wine
- 1 tablespoon lemon juice
- 1⁄2 garlic clove, crushed
- 1⁄8 teaspoon black pepper
- toast, fingers or assorted cracker
- lemon wedge
- Combine all ingredients except toast and lemon wedges in a processor bowl; process until ingredients are mixed well.
- Chill in molds or crocks. Serve on toast fingers or crackers; squeeze lemon wedges over pate.


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APPEAL from the Circuit Court of Cook County; the Hon. PAUL F.
ELWARD, Judge, presiding.
Rehearing denied January 18, 1979.
We are asked to decide whether a plaintiff, having timely filed an action which is subsequently dismissed for want of prosecution, may refile the action again after both the original action and the first refiled action have been dismissed and still be entitled to have the Statute of Limitations tolled by section 24 of the Limitations Act. Ill. Rev. Stat. 1977, ch. 83, par. 24a.
Section 24 of the Limitations Act provides in pertinent part as follows:
"In the actions specified in this Act or any other act or contract where time for commencing an action is limited, * * * or the action is dismissed for want of prosecution then, whether or not the time limitation for bringing such action expires during the pendency of such suit, the plaintiff, * * * may commence a new action within one year * * * after * * * the action is dismissed for want of prosecution."
Plaintiff, Bertha Mae Smith, was allegedly injured on May 5, 1969, as a result of defendant's negligence. On May 5, 1970, she commenced an action in the circuit court of Cook County to recover for those injuries. On January 11, 1973, that suit was dismissed for want of prosecution. On October 2, 1973, plaintiff, pursuant to section 24, filed another action covering the same incident. On September 3, 1976, the second cause of action also was dismissed for want of prosecution. Plaintiff again, on June 21, 1977, brought another cause of action. On September 20, 1977, the trial court dismissed plaintiff's complaint with prejudice, and the plaintiff appeals.
1 A plaintiff has an absolute right to refile an action within a period of one year after dismissal regardless of the reason and a defendant may not interpose a due diligence defense. (Franzese v. Trinko (1977), 66 Ill.2d 136, 361 N.E.2d 585; Aranda v. Hobart Manufacturing Corp. (1977), 66 Ill.2d 616, 363 N.E.2d 796.) Defendant argues, however, that section 24 permits the filing of only one action after the original action has been dismissed and does not allow the filing of multiple new actions more than one year after the original action has been dismissed.
No Illinois court has discussed this precise issue. A Federal court, however, has considered this question under section 24 of the Illinois Limitations Act and has ruled that a plaintiff does not have the right to file multiple new actions more than one year after the original action had been dismissed. (Harrison v. Woyahn (7th Cir. 1958), 261 F.2d 412.) At page 413, the court stated:
"Section 24a mentions only `a new action' not multiple new actions and significantly reads in terms of relief following in the wake of an initial action. Clearly § 15 S.H.A. ch. 83 and § 24a must be read against the backdrop of § 13 S.H.A. ch. 83 which runs, in part pertinent, `The following actions can only be commenced within the periods hereinafter prescribed . . .' The balance of § 13 covers § 24a situations, but we find nothing in this statutory language authorizing repeated commencement of lawsuits such as at bar. Rather than simply liberal construction of remedial statutes, plaintiff's thesis would have us legislate authority for interminable pendency of lawsuits from non-suits to refiling in endless monotonous cycles all within tidy yearly units of time."
Other States which have considered extension statutes similar in wording to the Illinois statute have reached the same result. (Walker v. L.E. Meyers Const. Co. (1936), 175 Okla. 548, 53 P.2d 547; Bush v. Cole (1913), 1 Ohio App. 269; Reed v. Cincinnati, N.O. & T.P. Ry. Co. (1916), 136 Tenn. 499, 190 S.W. 458.) In Cady v. Harlan (Mo. 1969), 442 S.W.2d 517, the Missouri Supreme Court ruled that a dismissal of plaintiff's second suit did not give rise to a second one year period in which the action might be refiled. The court held that once the provisions of the extension statute are invoked, the plaintiff has one year to file the action and the dismissal of an action so filed would not give rise to any subsequent periods of grace.
2, 3 We believe that the rationale of the foregoing decisions is correct and that the trial court in the present case correctly dismissed the action. We believe that section 24 permitting the filing of a new action after the original period of limitations runs does not have the same literal meaning as the original statute of limitation. The original period is not added or extended for an additional year, but the real nature of section 24 is that it is a saving clause to prevent the bar which otherwise would be applicable. It thus acts as a limited extension to prevent injustice; it should not be permitted to become a harassing renewal of litigation. The statute should be liberally construed, but a liberal construction does not warrant an addition to the period fixed by statute.
For the reasons stated, the judgment of the circuit court of Cook County dismissing plaintiff's complaint is affirmed.
Judgment affirmed.
SIMON, P.J., and JIGANTI, J., concur.
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text:
Broiled Lemon Pepper Fish
Total Time
Prep 5 mins
Cook 10 mins
Source: Canadian Living.
Ingredients Nutrition
- 1 1⁄2 lbs fish fillets (such as catfish or tilapia)
- 1⁄3 cup light mayonnaise
- 1 tablespoon lemon peel, grated
- 1⁄2 teaspoon cracked black pepper
- 1⁄4 teaspoon salt
- lemon wedge
- Arrange fish in single layer on baking sheet. Set aside.
- In bowl, stir together mayonnaise, lemon rind, pepper and salt. Spread over fish.
- Broil until golden brown and flaky, about 10 minutes.
- Serve with lemon wedges to squeeze over top.
Most Helpful
This was tasty and easy. I was not sure whether broil meant on high or low setting so I did half and then added 4 minutes to the cooking time just to be safe. Turned out nice a moist, would make it again.
Loved it, it was so simple. When using the broiler, best to use a broiler pan. I had to make a pan switch mid way, because the pan got too hot and warped, sending the fish to one corner. I also had to substitute lemon rind with lemon juice. I also dipped the fish (haddock) in the mayo blend, and sprinkled with bread crumbs. It was great.
I used orange peel instead, and put thin orange slices on the top of the fish. I also used a little lemon pepper seasoning in the mayo mixture instead of the cracked pepper. It is a great addition to my cook book!


text:
How can I restore the shine to 17 year old Formica counters?
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You really can't, sorry to say. Once the laminate dulls, it's time to buy new or wait it out until you can afford a different material. (11/05/2009)
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Try car wax. (11/07/2009)
I've often wondered if Rainex would help such a condition. I've even thought of trying it on my old sinks to see if shine could be restored. Good luck. (11/08/2009)
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Towry, the UK wealth manager with £4.6bn of assets under management backed by mid-market private equity firm Palamon Capital Partners, has raised £35m of new equity to provide additional funding for the company's expansion plans.
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In this era of burgeoning memoirists, Dean Dickinson stands out with his thoughtful reflections on a well-considered life. Weaving his charming stories upon a loosely chronological framework, Dickinson presents a compelling view of the post-Depression and World War II era as he comes of age in a variety of American towns and cities. It is obvious he was a keen observer from his earliest years as he recalls in warm and witty reflections the ordinary and often extraordinary people who populated his life. Dickinson traveled to distant places first as an Air Force officer and later as a civilian engineer. As a chief engineer, he participated in building the global military communications network that helped keep the free world safe during the years of the Cold War. Readers will enjoy meeting some of his most colorful relatives and friends, his honorable and accomplished father (upon whose life he modeled his own), and his steadfast homemaker mother. Savor the experiences of visiting exotic Turkish localities, or the lush jungles of Guam and Trinidad. Revisit the spring floral beauty of Washington, D.C., when it was still possible to stroll through its parks and public buildings without being jostled by crowds of tourists. Some of his most wistful memories celebrate the important women in his life, his own large blended family, and his enduring love of books and ideas.I had a trailer hitch on my car, and my friend Joe had a utility trailer I knew he would let me borrow. So I said, aNo ... Then a day or so later, Joe called back and asked me what kind of wiring harness I had on my trailer hitch. He had an olderanbsp;...
|Corn and Me
|Dean Dickinson
|iUniverse - 2007-03


text:
Activision Blizzard (ATVI): Weaker Guide Than Expected - Macquarie
- Top 10 News for 12/2: Crude Rips on OPEC Cut; Starbucks' Schultz Steps Down; Nonfarm Payrolls Flat in Nov.
- Unemployment Rate Drops to 4.6%
- Bond yields slip on U.S. jobs data, euro steady before Italy vote
- Alibaba (BABA) Founder Jack Ma Discuss Plans to Retire; 'I Don't Want to Die at the Office'
- Starbucks Coffee (SBUX) CEO Howard Schultz to Step Down, Appointed Executive Chairman; Kevin Johnson New CEO
Get Alerts ATVI Hot Sheet
Rating Summary:
20 Buy, 3 Hold, 0 Sell
Rating Trend: Up
Today's Overall Ratings:
Up: 11 | Down: 31 | New: 42
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Macquarie analyst, Ben Schachter reiterated his Outperform rating on shares of Activision Blizzard (NASDAQ: ATVI) believing the earnings upside should negate the weak guidance in time.
ATVI posted a solid quarter, but the holiday guide was weaker than expected. Blizzard is clearly the key driver of upside in terms of engagement, rev, and margin, as WoW and Overwatch both continue to perform better than expected.
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However, the analyst is more concerned about the status of Activision titles including Skylanders and Destiny, and to a lesser extent CoD. CoD's performance this holiday may be impacted by the strength of FPS competitors, but in-game content and the brilliant move of bundling a remastered Modern Warfare will help.
Regarding King, the analyst is concerned about weakening engagement, but the advertising opportunity is real and we expect revenue should start to ramp in 2H'17 and be a meaningful high-margin contributor by '18.
No change to the price target of $46.
For an analyst ratings summary and ratings history on Activision Blizzard click here. For more ratings news on Activision Blizzard click here.
Shares of Activision Blizzard closed at $43.37 yesterday.
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text:
|Sport, 40'
|YDS: 5.11a French: 6c Ewbanks: 22 UIAA: VII+ ZA: 22 British: E3 5c [details]
|Dave Medara
|Page Views:
|Submitted By:
|grk10vq on Apr 29, 2012
|RAIN AND WET ROCK The sandstone around Moab is fragile and is very easily damaged when it is wet. MORE INFO >>>
|Comments on Ralph the Rat
|Add Comment
|Show which comments —
By ben jammin
From: Moab, UT
Mar 6, 2014
rating: 5.11- 6c 22 VIII+ 22 E3 5c
|Third bolt has pulled on this... heads up.
By Josh Cameron
From: Moab, Colorado
Apr 10, 2015
|Climbed this today and seems like the 3rd bolt has been replaced. Also, Stewart Green's guide calls this Ralph the Rat.
By Michael Dom
Dec 22, 2015
rating: 5.11a 6c 22 VII+ 22 E3 5c
|Ralph the rat is quite stout for the grade. It is definitely fun however and worth toproping at least.
By Nate Sydnor
Sep 23, 2016
|FA - Dave Medara


text:
By 2nd Lt. Brandt Ange & Spc. Jasmin FloresOctober 7, 2016
Lest, Slovakia -- Soldiers from the 10th Army and Air and Missile Defense Command further strengthened air defense interoperability in the European theater by participating in this year's installation of the multinational air defense exercise Tobruq Legacy 16, 14 September to 7 October.
Exercise Tobruq Legacy is an annual multinational air defense exercise designed to increase the interoperability of allied nations in Europe both tactically and technically. Throughout the history of the exercise, each new installment has aimed to increase not only the number of Soldiers and equipment used in the exercise but to also increase the number of nations participating in the event. This year continued the ever increasing trend with over 1000 air defenders from 8 nations directly participating in the event, and an additional 8 nations present as observers. In addition to this perpetual increase in size, the planners for Tobruq Legacy also aim to increase the complexity of the exercise every year. This year the 8 participating nations linked over a dozen different pieces of air defense equipment under a single command structure, demonstrating a dramatic increase in capacity and capability from previous iterations of this exercise.
"From a holistic perspective Tobruq Legacy 16 is all about bringing together different countries to train together as one entity." explained Maj. Darius Randolph, the Battalion Operations Officer for 5th Battalion, 7th Air Defense Artillery Regiment, "It's about enabling the alliance and ensuring our allies that we are there to stand side by side together when needed."
In addition to building an ever more impressive display of a unified European air defense, exercise Tobruq Legacy also focuses on building the relationships between the air defenders from all 16 of the participating nations, with the goal of building long lasting relationships between air defense professionals to enable the continued growth of interoperability. To ensure they achieved this goal, the Tobruq Legacy 16 planners ensured they scheduled events such as soccer tournaments and multinational meal times throughout the exercise to foster more personal interaction and deepen the professional relationships between air defenders at every level.
"It is very nice to see the other nations working with air defense systems," responded Maj. Ovidijus Pilitauskas, the Chief of Staff of the Lithuania Air Force Air Defense Battalion, when asked about the exercise, "The relationships we are building [are very important because at the end of the day it's not the weapon systems that fight it's the people.]"
In addition to being able to exercise multinational air defense tactics, techniques, and procedures, the air defenders from the 10th AAMDC were also able to test and refine reception, staging, onward movement, and integration procedures, or RSOI, of an additional air defense unit to the European Theater as well as command and control practices with the 174th Ohio National Guard Air Defense Artillery Brigade. The 174th ADA BDE serves as a deployable brigade headquarters designed to enhance the current command and control structure in the European Theater while providing the pivotal role of short range air defense for US forces. By participating in Tobruq Legacy 16, the 174th ADA BDE and the 10th AAMDC were able to demonstrate the Army Total Force Policy by effectively uniting both active duty and national guard Soldiers under a unified command while training in a contemporary multinational scenario.
Whether it was integrating national guard units into the active duty command and control structure, conducting air defense operations with multinational partners, or building stronger relationships with multinational partners Tobruq Legacy 16 was an overwhelming success, and next year's iteration looks to continue the trend and be an even greater event. With multinational air defense exercises tied into Saber Guardian, the establishment of a tactically spread multinational ground-based air defense task force, and short range air defense live fires already on the training docket, Tobruq Legacy 17 will definitely be an exercise to look forward to.
"My experience has been amazing," stated Sgt. Justin Borror, the HHB 5-7th ADA Information Coordination Central NCOIC, "I have learned a lot from the different countries here not just about the Army side of the house but more about their culture, where they are from and their day to day lives."


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David and Bathsheba (after Lucas Cranach the Elder), March 30, 1947
Pablo PicassoSpanish, 1881-1973
Zinc lithograph on paper, first state
plate: 25-1/8 x 19-1/2 in. (63.8 x 49.5 cm); sheet: 25-5/8 x 19-5/8 in. (65.1 x 49.8 cm)
Norton Simon Art Foundation, Gift of Jennifer Jones Simon
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Andeliz Castillo is currently serving as the COO/COS of The LIBRE Initiative based in Arlington, VA. Andeliz manages the day to day operations of a growing and active national non-profit, non-partisan organization dedicated in advancing economic freedom principles across the U.S. Hispanic community.
Prior to joining LIBRE, Andeliz served as Deputy Communication Director and Professional Staff Member at the House Committee on Foreign Affairs for Chairman Rep. Ileana Ros-Lehtinen. Andeliz was primarily responsible for drafting and disseminating the Committee's statements and editorials on Latin America and the Caribbean.
During the 111th Congress, Andeliz worked for the House of Representative's GOP leadership. She developed best practices and strategies for Members of Congress on how to engage their Hispanic constituency such as how to create a local Hispanic advisory board, and how to reach out to local Spanish-language media outlets. Her national outreach plan also entailed building strong cross-country coalitions with Hispanic organizations to assist in grassroots outreach. Her time in leadership resulted in several new initiatives including the launch of the first Republican Spanish-language response to the President's State of the Union.
In 2008, during the presidential campaign, Andeliz spearheaded Hispanic communications for the Republican National Committee. In addition to being a spokesperson, Andeliz managed a large quantity of surrogates, ensuring they were on message and positioning them in media markets that would provide the most positive impact for the campaign.
Born and raised in New York City to Cuban and Colombian parents, Andeliz first moved to Washington, D.C. to join the staff of Florida Congressman Lincoln Diaz-Balart. She graduated from Brown University in Providence, Rhode Island with a Bachelor of Arts in Political Science and Hispanic Studies. She also studied abroad at La Universidad de Salamanca in Spain and La Scuola Italiana di Montevideo in Uruguay.