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Estonia has become a dominant player in such events as the Seedcamp competition of startups in London and because of the large number of Estonian firms entered in the race, has earned itself a nickname of Estonian mafia.
In the most recent Seedcamp, the jury shortlisted 20 startups from the whole world for the finals including four from Estonia. "I am very happy. It shows that their business model has potential to grow," said Jarmo Tuisk, head of the innovation department of the Estonian ministry of economic affairs.
Kristjan Hillemaa, founder and CEO of Erply which has now expanded to the US says that startups are important because they remain Estonian enterprises. "Estonia has very good capital taxation policy," he says.
Tuisk adds that he is not afraid that successful startups would be leaving Estonia. "I believe that many of them will see that Estonia is a very competitive place for their business development. After all, we have almost a double cost advantage in comparison with any other region in the near abroad, to say nothing about the US."
Swedish electronics manufacturer Ericsson plans to lay off 3,000 workers in Sweden, a fifth of its workforce in the country.COMMENTS (5)
According to Swedish media, new taxes planned by the Swedish government could force Scandinavian banks to move up to 16,000 jobs to Baltic states.COMMENTS (4)
Russia will halt export of oil products via Baltic ports by 2018, according to Nikolay Tokarev, CEO of Russian oil pipeline company Transneft.COMMENTS (5)
The Estonian government is planning to expropriate land from about 600 private landowners for building Rail Baltic railway line.COMMENTS (2)
Aripaev writes that the amendments regarding taxation of dividends that are entering into force in November are giving the tax authority new weapons to fight tax dodgers.
Estonia´s oldest marketing conference moves from Pärnu, Estonia to Amsterdam, The Netherlands. COMMENTS (2)
Estonian gaming operator Olympic Entertainment Group (OEG) announced that it has entered into an agreement to sell to investment firm East Capital its subsidiary that owns the hotel and entertainment complex that houses the Hilton Tallinn Park hotel and OEG's flagship Olympic Park Casino.
Aripaev writes that Estonian-owned GoGroup which had a very strong year in 2015 recently underwent major changes in its ownership when the former majority shareholder Marcel Vichmann stepped aside and Tiit Pruuli who had been a minority shareholders became the majority shareholder.COMMENTS (2)
Estonian property investment firm EfTEN and KanAm Grund Kapitalverwaltungsgesellschaft mbH announced that EfTEN has acquired the Domina Shopping Center from KanAm.
State-owned Port of Tallinn handled 10.7 million tons of freight in six months which is 11 percent less than a year earlier, announced the company.
Nortal Group shareholders bought back 50% of Group shares from Enterprise Investors and LHV Pension Funds, regaining full ownership of the company. Simultaneously Nortal is expanding its shareholder base among employees.COMMENTS (5)
Aripaev writes in its editorial that the good news from last week was that the parliament adopted amendments which should make e-residency more accessible to foreigners.
Aripaev writes that the hope of the Estonian government is to collect more money into budget by increasing fuel excise duties is backfiring because more and more vehicle owners are filling up in Latvia.
Commenting the report of the National Audit Office which claimed that the government rushed its decisions on national carrier Estonian Air, former PM and current vice president of the European Commission Andrus Ansip said that he is convinced that the government did the right thing at the time when it decided to aid Estonian Air.COMMENTS (1)
Aripaev writes that more and more Latvians are choosing Estonia and in particular Southern Estonia as place of employment, mainly because of higher wages.COMMENTS (5)
Raul Kirjanen, owner of Graanul Invest, writes in Aripaev that he wants to praise the government for not rushing to borrow cheaply.
Aripaev writes that the proposals made by Justice Minister Urmas Reinsalu on amending the commercial code in a way that would ease requirements on e-residents may turn Estonia into another offshore country just like Panama.COMMENTS (1)
Aripaev writes that the actual costs that Estonia is spending on its e-residency poject and benefits are hard to estimated.COMMENTS (1)
At the time when Latvians are working hard to make their economy grow faster, Estonia's leaders are perfectly happy with what Estonia has achieved and see no need to change anything.
Attorney at law Leon Glikman writes in Aripaev that Estonian entrepreneurs are thankful for anything that makes business in Estonia more attractive, especially for investors.
Estonia's former Finance Minister Maris Lauri writes that the Estonian tax system does not need major changes.
The long-time chief executive of Tallinn Airport, Rein Loik, has tendered his resignationand the supervisory board of the state-owned company will gather on February 29 toconsider it.COMMENTS (1)
Janek Mäggi, owner of a public relations agency, writes in Aripaev that one way to make sure that Estonia is successful is to make Estonians happier.COMMENTS (3)
Finnish manufacturer of cable harnesses PKC Oy announced yesterday that it will close its Estonian assembly plant PKC Eesti next year.COMMENTS (5)


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Newark and Camden are among 20 cities across the country that will receive Federal money under a program, called Brownfields, to help them decontaminate abandoned industrial areas, the Federal Environmental Protection Agency announced yesterday.
Newark officials said their $200,000 grant would be used to find efficient ways to clean up the sites of two former steel factories, an old chemical plant and a former zipper factory.
The money will also be used to market the sites to prospective business tenants, said Joel Freiser, deputy executive director of the Newark Economic Development Corporation. Camden got $100,000.Continue reading the main story

subset: commoncrawl


text:
How to Network at Conferences
14 Jul 2015
Networking at conferences – tips on who, what and how Sales Networking Sales reps often find themselves at industry conferences and other meetings where they should be networking. However, in too...Read More
How To Network Your Ass Off Without Feeling Like An Idiot
20 May 2015
Get these tips on networking to increase business and referrals.
Offline Networking: An Essential for Entrepreneurs
25 Mar 2015
5 Reasons Offline Networking is Essential for Entrepreneurs Professional networking has always been an important mainstay of business conduct. It helps us meet the people who can get us jobs,...Read More
5 Networking Tips for New Entrepreneurs
04 Mar 2015
Networking is another tool in your marketing arsenal - learn how to make it work for you.
Competitors Are Not Your Enemy – Part 3 – Networking
01 Dec 2014
With so many networking opportunities out there, take a minute and see which ones are doing you the most good to get a "leg up" on your competition.
Don't Waste Networking Opportunities
09 Oct 2014
Many people talk to other likeminded people but may not make that lasting impression. Networking is about standing out and selling YOU in a way that other people may not. Take a moment and review these 10 tips to help you to be a better networker!
7 Ways to Network With Anyone
20 Jun 2012
Learn the 7 pillars of making a connection and networking with others.
Conference Survival Tactics
09 May 2012
I just returned home from a few days away at a conference. As always, getting back in the groove is difficult when returning from being away whether for pleasure or...Read More
Good networking. Great inspiration!
30 May 2007
Inspirational examples of people who are MAKING IT HAPPEN are all around us. Several StartupNation community members gathered in Northern California recently to meet up, get smarter, and get inspired...Read More
Networking at Trade Shows
14 May 2007
Last time I talked about growing a contact list by networking. Over the next few posts I'll talk about some specific places that are excellent networking opportunities. Today I'd like...Read More


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Discover Claude Debussy's best music, and find out facts about his life in celebration of the 150th anniversary of his birth.
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Debussy was born in Saint-Germain-en-Laye, near Paris, on 22 August 1862. He was the eldest of five children.
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Unions support FairPoint strikeJuly 21,2014Unions support
FairPoint strike
MANCHESTER, N.H. Unions representing FairPoint Communications workers in northern New England say preliminary vote counts suggest an overwhelming majority of members support authorizing a strike.
Negotiations began in April on a contract that expires Aug. 2. Workers in Maine, New Hampshire and Vermont recently held meetings to vote on whether to authorize a strike.
Voting has finished in Maine and Vermont, but has been extended in New Hampshire due to storm damage.
The vote does not mean the 2,000 workers will go on strike but gives leaders with the Communications Workers of America and the International Brotherhood of Electrical Workers the ability to call for one later.
The company says service to customers will continue if there is a strike.MORE IN This Just InBARRE TOWN Firefighters faced a collection of adverse conditions as a house on Granitville Road... Full StoryWILLISTON Police are asking for help identifying the man who tried to steal roughly $800 worth ... Full StoryNEWBURY Police said somebody stole booze and change from a Welch Road residence. Full Story
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Cincinnati, Oh. Hi.
With international client reach, Epipheo is purposefully andintentionally based in Cincinnati.
Strong generational and relational ties weave us tightly into the local neighborhoods. With employees and clients in Clifton, Over-The-Rhine, Oakley, Loveland, Downtown, Walnut Hills, Hyde Park, Norwood, Northern Kentucky, and our headquarters along the mighty Ohio...
Of course, the exact same thing can be said of any Cincinnati Chili establishment.
But they don't make videos. They make Cincinnati Chili. We make videos. You could say we need each other.


text:
- Worldwide Rank #97,830,281
- Follower/Following Ratio 0.22
- Daily New Followers 0
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@01026673403 has posted 334 tweets in the last 5 days, which translates to an average of 66.8 tweets per day.
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@01026673403 has 20 followers on Twitter.
This account is #97,830,281 in the worldwide rank of the most popular Twitter users.
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@01026673403 is following 89 Twitter accounts.
Last month this account followed 1 users.
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See the following sections for information on troubleshooting problems with the voice recognition conversation:
Use the following questions to determine the source of the problem and to correct it:
1. Does this problem occur for all users whose accounts are configured for voice recognition? If so, do the following sub-tasks:
a. Confirm that the class of service (COS) is configured to enable voice recognition. On the Class of Service page, under Licensed Features, check the Allow Access to Advanced Features check box, then check the Allow Users to Use Voice Recognition check box.
b. Confirm that the affected users are associated with the correct COS.
2. Does this problem occur only for a single user whose account is configured for voice recognition? If so, do the following sub-tasks:
a. Confirm that the affected user is associated with the correct class of service.
b. Confirm that the phone menu input style is set to voice recognition. The input style can be set either in the Messaging Assistant web tool or in Cisco Unity Connection Administration.
3. Do users hear a prompt indicating that voice-recognition services are not available when they first sign in?
If so, see the "Error Prompt: "There Are Not Enough Voice-Recognition Resources"" section.
4. Is the correct codec being used?
Voice recognition does not work if the Unity Connection server or the phone system is using G.729a, if the G.729a prompts are installed, or if greetings and names were recorded in an audio format other than G.711 Mu-Law.
When a user hears the error prompt "There are not enough voice-recognition resources at this time. You need to use the standard touchtones for the duration of this call," do the following tasks in the order presented:
1. Confirm that the Unity Connection Voice Recognizer service is running on the Tools > Service Management page in Cisco Unity Connection Serviceability.
Note For information on Cisco Unity Connection Serviceability, see the Administration Guide for Cisco Unity Connection Serviceability Release 10.x, at http://www.cisco.com/en/US/docs/voice_ip_comm/connection/10x/serv_administration/guide/10xcucservagx.html.
2. Check the Unity Connection license on the System Settings > Licenses page in Cisco Unity Connection Administration. It may be that all licensed voice-recognition sessions are being used. If users report that the error occurs frequently, it is likely that voice-recognition usage has outgrown current licensing capacity on your Unity Connection server.
3. Check for errors generated by the Unity Connection Voice Recognizer service. You can use the Real-Time Monitoring Tool (RTMT) to view errors in the diagnostic logs that are generated with the default traces turned on. The trace log filenames are in the format diag_NSSserver_*.uc.
Note For information on RTMT, see the applicable Cisco Unified Real-Time Monitoring Tool Administration Guide at http://www.cisco.com/en/US/products/ps6509/prod_maintenance_guides_list.html.
When administrators add or change names on the Unity Connection system, the names are not recognized by the voice-recognition conversation until they are compiled in the grammars. The timing of the grammar compilation can therefore affect name recognition. In other cases, there may be a search scope problem, or the names may not be pronounced the way they are spelled. Use the following troubleshooting steps to determine the source of problem and to correct it:
Note For information on Cisco Unity Connection Serviceability, see the Administration Guide for Cisco Unity Connection Serviceability Release 10.x, at http://www.cisco.com/en/US/docs/voice_ip_comm/connection/10x/serv_administration/guide/10xcucservagx.html.
When users encounter issues with poor recognition of voice commands, the problem may stem from many sources—the wrong command being used, issues with pronunciation or foreign accent recognition, a poor phone Unity Connection, jitter in the network, and so on. Use the following troubleshooting steps to narrow down the source of the problem and to correct it:
1. Determine the nature of the problem.
a. If the user is having a problem with a single command, see the "Voice Commands" section in the "Cisco Unity Connection Phone Menus and Voice Commands" chapter of the User Guide for the Cisco Unity Connection Phone Interface (Release 10.x) for a table of preferred voice commands. (The guide is available at http://www.cisco.com/c/en/us/td/docs/voice_ip_comm/connection/10x/user/guide/phone/b_10xcucugphone/b_10xcucugphone_chapter_010100.html#reference_DDF51A0B40BC4E6FAA0574A57732EE9C.) Although the voice-recognition grammar files contain many synonyms for the preferred commands, it is not possible for them to contain every word or phrase a user might say. For the best performance, encourage users to use the preferred commands.
b. If the user is having a problem with Unity Connection taking unintended actions without prompting for confirmation, or if Unity Connection is prompting for confirmation too frequently, check the Voice Recognition Confirmation Confidence Threshold setting. See the "Checking the Voice Recognition Confirmation Confidence Setting" section.
2. Try to reproduce the problem while running the Remote Port Status Monitor to determine which voice commands Unity Connection thinks are being uttered. See the "Using the Remote Port Status Monitor" section.
3. Capture and listen to user utterance files to determine if the problem is related to audio quality or accent recognition. See the "Using the Utterance Capture Trace to Review User Utterances" section.
4. Enable diagnostic traces and try to reproduce the problem. See the "Using Diagnostic Traces for Voice Recognition" section.
You can use the Voice Recognition Confirmation Confidence setting to adjust the likelihood that Unity Connection prompts the voice recognition user to verify certain user intentions. For example, if users complain that the system mistakenly hears them say "cancel" or "hang up," you can try increasing the value of this setting to prevent users from accidentally committing actions they did not intend. Alternatively, if users complain that the system prompts for confirmation too frequently, try adjusting this setting to a lower value.
Voice Recognition Confirmation Confidence is set on a systemwide basis on the System Settings > Advanced > Conversations page in Cisco Unity Connection Administration. The setting also can be changed on a per-user basis on the Phone Menu page for an individual user.
A realistic range of values for this setting is 30 to 90. The default value of 60 should reliably filter out most errors and provide confirmation when necessary for most systems.
There are diagnostic tools available to help you troubleshoot voice-recognition problems. See the following sections:
Cisco Unity Connection Serviceability offers diagnostic micro traces and macro traces for help in troubleshooting voice-recognition issues. For detailed instructions on enabling the traces and viewing the trace logs, see the "Diagnostic Traces in Cisco Unity Connection 10.x" chapter.
– 22 Speech Recognition Grammar
Set the Voice User Interface/Speech Recognition Traces.
Note Use this macro trace only if you have first tried to diagnose the problem using the recommended micro traces. The macro trace generates a large amount of diagnostic information which can be difficult to sort through.
When you enable the VUI micro trace level 05 (Capture Utterances), Unity Connection saves user utterances as WAV files in CCITT (u-law) 8-kHz mono format. The files are stored on the file system, with one folder created for each MRCP session. (You can view MRCP session information for a call in the diagnostic logs by enabling the MiuIO level 25 micro trace for ASR and MRCP.)
You can access the utterance files using the Real-Time Monitoring Tool (RTMT)..
To Enable and View Utterance Capture Traces Using RTMT
Step 1 In Cisco Unity Connection Serviceability, on the Trace menu, select Micro Traces.
Step 2 On the Micro Traces page, in the Server field, select the name of the Unity Connection server and select Go.
Step 3 In the Micro Trace field, select VUI and select Go.
Step 4 Check the Capture Utterances check box (level 05) and select Save.
Step 6 To access the utterance files, launch Real-Time Monitoring Tool (RTMT). For details, see the "Traces and Logs" chapter of the Cisco Unified Real-Time Monitoring Tool Administration Guide, Release 10.0(1), available at http://www.cisco.com/c/en/us/td/docs/voice_ip_comm/cucm/service/10_0_1/rtmt/CUCM_BK_CA30A928_00_cisco-unified-rtmt-administration-100/CUCM_BK_CA30A928_00_cisco-unified-rtmt-administration-100_chapter_01000.html .
Step 7 In RTMT, on the System menu, select Tools > Trace > Trace & Log Central.
Step 8 In the Trace & Log Central tree hierarchy, double-click Remote Browse.
Step 9 In the Remote Browse window, select Trace Files and select Next.
Step 10 In the Select CUC Services/Application tab, check the check box next to the IP address of the server and select Next.
Step 11 In the Select System Services/Applications tab, select Finish.
Step 12 When the Result pop-up displays, indicating that the Remote Browse is ready, select Close.
Step 13 On the Remote Browse tab, browse to the Nodes > Server Name > CUC > Unity Connection Voice Recognition Transport folder.
Step 14 In the Unity Connection Voice Recognition Transport folder, double-click the name of a folder to view the audio files that were captured for that MRCP session. (One folder is created for each MRCP session.)
Step 15 In the files pane, double-click the name of an audio file to play it.
Step 16 In the Open With window, select the application you want to use to play the audio file.
If an appropriate audio player is not available in the list, select the Other tab at the bottom of the window, browse to the location of an audio player, double-click the name of the audio player executable, and select Open. Then select the name of the application you just added.
Step 18 In Cisco Unity Connection Serviceability, disable the trace that you enabled in Step 3, then select Save.
The Remote Port Status Monitor tool is useful for troubleshooting voice-recognition problems because it displays the conversation flow for a call in real time, including speech input and confidence scores, system interpretations of utterances, and changes to the search scope that can affect name and digit interpretation during the course of the call. To use the tool, do the following procedures in order.
To Download the Remote Port Status Monitor
Step 1 In a web browser, go to the Cisco Unity Tools website at http://www.ciscounitytools.com.
Step 2 In the Tool Update Log section, select Port Status Monitor.
Step 3 On the Cisco Unified Communication Tools page for the Port Status Monitor, select Download Now.
Step 4 Follow the on-screen instructions to download the Remote Port Status Monitor tool.
To Configure Unity Connection for the Remote Port Status Monitor
Step 1 In Cisco Unity Connection Administration, expand System Settings, then select Advanced > Conversations.
Step 2 On the Conversation Configuration page, check the Enable Remote Port Status Monitor Output check box.
Step 3 In the IP Addresses Allowed to Connect for Remote Port Status Monitor Output field, enter the IP addresses of your workstations and select Save.
Note You can enter up to 70 IP addresses. Each IP address must be separated from the following IP address by a comma.


text:
Infinite Energy Center
Please send all resumes to Infinite Energy Center human resources, unless alternate instructions are noted in the job description below. No telephone calls.
Submit resumes/cover letter to human resources:
E-mail resume to: [email protected]
Mail resume to:
Attn: HR Department
Infinite Energy Center
6400 Sugarloaf Parkway
Duluth, GA 30097
Fax resume to: 770-813-7501
OPERATIONS CREW - Part Time
Infinite Energy Center is looking for part-time setup staff. Job requires heavy lifting & a high degree of physical exertion. Must be able to work extended/irregular hours including nights, weekends & holidays.
Click HERE for the full job description.
MARKETING INTERN - All Semesters Available
Infinite Energy Center is looking for marketing interns to assist with marketing efforts on-campus for each semester of the school year. This position is for course credit only through an internship program with an accredited university.Intern must be able to work extended/irregular hours including nights, weekends & holidays. No telephone calls.
Click HERE for the full job description.
APPLY NOW: You can apply for the Marketing Internship by clicking HERE.
FACILITIES INTERN - All Semesters Available
The Facilities Intern will assist the Director of Facilities to implement a Computer Maintenance Management Systems (CMMS) solution. In addition, the role will be particularly involved with facility maintenance planning and equipment inventory. This internship will include working alongside various departments and assisting specific team related requests throughout the duration.
- Complete a project throughout the duration of your internship.
- Assist with office tasks such as: research, analysis, data input, correspondence, attending meetings.
- Assist with day-to-day maintenance and upkeep of facilities.
- Adhere to company policies and procedures.
- Maintain positive relations and rapport with coworkers, vendors and patrons.
- Assist with other duties as assigned.
- Knowledge of Computer Maintenance Manage Systems (CMMS), databases, mobile applications.
- Knowledge of facilities building systems and maintenance (preventive, predictive and reactive).
- Strong customer service skills, including interpersonal and presentation abilities.
- Excellent communication skills (written and verbal).
- Attention to detail.
- Facilities management work experience with in Venues industry.
- Lifelong networking opportunities within venues industry.
- Select opportunities to receive event tickets.
- Behind the scenes experience at entertainment events.
- Work experience within the venue industry.
- Please submit a resume and cover letter to [email protected]
- Facilities internships are unpaid.
SALES INTERN - Summer Semester
Infinite Energy Center is looking for a Sales Intern to assist the Sales Department with aspects of sales functions and activities. This position is for course credit only through an internship program with the Gwinnett County Public Schools Quest Internship Program or an accredited university. Must be able to work extended/irregular hours including nights, weekends & holidays. No telephone calls.
Click HERE for the full job description.
Vendors & Partners
MITSUBISHI ELECTRIC CLASSIC INTERN - Spring Semester
The Mitsubishi Electric Classic is looking to fill two internships to assist staff with various aspects and tasks before, during, and after tournament week. Interns are key players in putting together the tournament and we could not put on this great event without their help. Interns will gain valuable experience in the fields of sport marketing, event management, and tournament operations. This is a great opportunity for those looking to start their career in the world of sport management.
Please send your resume, cover letter and position you are applying for to Anna Diez at [email protected].
Click HERE for a full internship description.
Contemporary Services Corporation at Infinite Energy Center (CSC)
CSC is the premier provider of crowd management, security and guest services for the entertainment and sporting event industries. If you are looking for a company that offers opportunity and excitement as well as the training and support necessary to succeed, LOOK NO FURTHER!
Flexible schedule!
Part-Time and Seasonal Employment!
Chris Hoffer, Event Manager
Contemporary Services Corporation
Infinite Energy Center, Level 2 - Parking Garage
6400 Sugarloaf Parkway, Duluth, GA 30097
Proof of the Pudding at Infinite Energy Center
Proof of the Pudding is the exclusive caterer and concessionaire at Infinite Energy Center. If you are interested in employment opportunities with Proof of the Pudding or volunteer opportunities at Infinite Energy Center, please contact:
Darrell Willms, Infinite Energy Center
[email protected]


text:
Latest News
11 November 2016
Thank you to all who attended the Breast Cancer High Tea in memory of Lynne. Your support and love enabled us to raise $1000.00 matching the school's further contribution of another $1000.00 that will be forwarded to the Cancer Council. A special thank you goes to Mrs Wassef and the 11 Hospitality class for their tireless efforts...
Ms Omeros
11 November 2016
St Euphemia Remembers
Along with similar services held throughout schools across the country and overseas, St Euphemia College held a Commemorative Service marking Remembrance Day on Friday 11 November 2016.
The St Euphemia Journey of Learning
About Us
St Euphemia College is an independent school operating under the auspices of the Greek Orthodox Archdiocese of Australia.
The school pursues the objectives, processes and outcomes of education as stated by the NSW Board of Studies.
The school is a community of staff, students and parents who work collaboratively to foster growth and personal well being where every student can "Strive for Excellence".
Our Practice
St. Euphemia College was founded as a co-educational school in February 1989 from a small beginning of just two classes and two teachers
We have grown to a regional
K-12 school of over 680 students.
Under Construction
Our Vision
That within a dynamic Orthodox, Christian framework, a student may strive to achieve academic excellence, love of learning, social responsibility, spiritual growth and respect.
202 Stacey Street
Bankstown, NSW 2200
Telephone : +61 2 9796 8240
Fax: +61 2 9790 7354
Email :firstname.lastname@example.com


text:
25% off Hoodies and Sweatshirts. 20% off everything else. Use MANICMON
For such an ugly face they sure have pretty wings. These guys are all supposed to have flown south for the winter, but I saw some today in Marana AZ.
Good capture Marvin. I've never seen one.
Thanks Sharon, they are common in Arizona.
Another beautiful capture Marvin
Thanks very much Phil
wow ! Great capture my friend , lovely detail !
Thank you Maddy
Like our gorgeous Sharon says, I have never seen one of these birds before hon, brilliant shot xxxxxxxxxxxxxxxxxxx
Well hon, you have led a protected life…..lol. They are very common where I live.
nice one
Thanks Dennis
You are so wonderful at these captured, so beautiful!
Thanks very much Mammalia
Great capture………
Thanks Antanas
Wow!!….What a stunning wing span…..Fantastic capture, Marvin…… :-))
Thanks a lot Sue
Awesome wing detail!!!!
Thanks Deb
great capture!
Thanks a lot Cheryl
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United States District Court, S.D. New York
March 9, 2015
LAI YOONG LOW, et al., Plaintiffs,v.TIAN YU INC., et al., Defendants.
HENRY PITMAN, Magistrate Judge.
I. Introduction
Plaintiffs Ji Hui Zhang and Lai Yoong Low seek to substitute Zhang, as representative of the estate of plaintiff Bin Xie, for Xie individually pursuant to Federal Rule of Civil Procedure 25 (Notice of Motion, dated December 8, 2014 (Docket Item 50)), and to amend the complaint to reflect that Zhang, in a representative capacity, has been substituted for Xie. The parties have consented to my exercising plenary jurisdiction pursuant to 28 U.S.C. § 636(c).
For the following reasons, I grant plaintiffs' motion for substitution, and I grant plaintiffs leave to amend the complaint to reflect Xie's substituted status.
II. Facts
Plaintiffs Zhang, Low and Xie commenced this action against their former employer, Tian Yu Inc. d/b/a Aki Sushi Restaurant Inc. ("Aki Sushi") and its principal, Zhao Yu Chen, to recover for various alleged violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq., and New York Labor Law ("Labor Law"), N.Y. Lab. Law §§ 190 et seq., §§ 650 et seq. (Amended Complaint, dated December 18, 2012 (Docket Item 14) ¶¶ 1-2).
Xie died intestate on September 8, 2014 (Declaration of Benjamin Frederici, Esq., in Support of Motion for Substitution, dated December 8, 2014 (Docket Item 51) ("Frederici Decl.") ¶¶ 3-4; Xie's Death Certificate, annexed as Ex. 2 to Frederici Decl.). Defendants claim that Xie took his own life after shooting another person (Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Substitution Pursuant to F.R.C.P. 25, dated January 8, 2015 (Docket Item 57) ("Defs.' Mem.") at 7).
Plaintiffs initially sought to substitute Xie's wife, Yingmei Hu, for Xie based on the fact that she was "preparing papers to petition" for Letters of Administration of Xie's estate (Frederici Decl. ¶¶ 4, 6-7; Plaintiffs' Memorandum of Law in Support of Motion for Substitution Pursuant to F.R.C.P. 25, dated December 8, 2014 (Docket Item 52) ("Pls.' Mem.") at 4).
In their reply brief, however, plaintiffs abandoned their request to substitute Xie's wife and sought instead to substitute Zhang as the representative of Xie's estate (Plaintiffs' Reply Memorandum of Law in Support of Motion for Substitution Pursuant to F.R.C.P. 25, dated February 9, 2015 (Docket Item 64) ("Pls.' Reply") at 1). Plaintiffs have submitted the Certificate of Appointment of Administrator ("Certificate"), dated January 16, 2015, which granted Letters of Limited Administration of Bin Xie's estate to Ji Hui Zhang (Certificate, annexed as Ex. 1 to Pls.' Reply). The limited letters prohibit Zhang from: (1) collecting or receiving any fund or property on behalf of Xie, (2) compromising an action on behalf of Xie, (3) enforcing a judgment entered in favor of Xie, or (4) compromising or enforcing a judgment in an action for Xie's wrongful death (Decree, annexed as Ex. 2 to Pls.' Reply).
III. Analysis
Under Federal Rule of Civil Procedure 25,
If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.
Fed.R.Civ.P. 25(a)(1).
To substitute a party pursuant to Rule 25(a)(1), (1) the motion must be timely; (2) the claims must survive the decedent's death, and (3) the party sought to be substituted for the decedent must be a proper party. Allen ex rel. Allen v. Devine, 09-cv-668 (ADS)(ETB), 10-cv-1319 (ADS)(ARL), 2011 WL 5117619 at *2 (E.D.N.Y. Oct. 25, 2011); see Unicorn Tales, Inc. v. Banerjee, 138 F.3d 467, 469 (2d Cir. 1998).
1. Timeliness
Rule 25 establishes a ninety-day period, running from the filing of a suggestion of death, for any party to make a motion to substitute a party for the decedent. Fed.R.Civ.P. 25(a)(1); see Kaplan v. Lehrer, 173 F.Appx. 934, 935 (2d Cir. 2006) (summary order); Go v. Rockefeller Univ., 04 Civ. 4008 (JSR)(HBP), 06 Civ. 1825 (JSR)(HBP), 2023 WL 3816700 at *3 (S.D.N.Y. July 19, 2013) (Pitman, M.J.). Now that letters of administration have been submitted, defendants do not appear to dispute that plaintiffs' motion for substitution was timely (see Defs.' Mem. at 6).[1]
2. Survival of Claims
Defendants contend that Xie's FLSA claims should not survive because Xie was a murderer, and "principles of equity should not be used for the benefit of a person who has committed such a heinous act" (Defs.' Mem. at 7). Defendants cite Natale v. Country Ford Ltd., 287 F.R.D. 135, 137 (E.D.N.Y. 2012), in support of this contention (Defs.' Mem. at 7).
Defendants conflate two independent issues - the survival of Xie's wage and hour claims and whether his alleged commission of a homicide should preclude his estate from enforcing those claims.
Turning first to the question of the survival of Xie's claims, because "Rule 25 is procedural, it does not dictate whether or not a claim survives the death of a party." English v. Murphy-Lattanzi, 12-CV-419 (JS)(SIL), 2015 WL 630248 at *2 (E.D.N.Y. Feb. 12, 2015), citing Servidone Constr. Corp. v. Levine, 156 F.3d 414, 416 (2d Cir. 1998) and Allen ex rel. Allen v. Devine, supra, 2011 WL 5117619 at *2.
[A] claim survives a litigant's death "if applicable state law creates a right of survival." Barrett v. United States, 689 F.2d 324, 331 (2d Cir. 1982). In New York, Section 11-3.2 of the Estates Powers and Trusts Law governs the survival of legal causes of action following a litigant's death. Section 11-3.2 states in relevant part that "[n]o cause of action for injury to person or property is lost because of the death of the person [in whose favor the cause of action existed]." N.Y. Est. Powers & Trusts Law § 11-3.2([b])[]; see also Barrett, 689 F.2d at 331; Roe, 2003 WL 22715832, at *2.
English v. Murphy-Lattanzi, supra, 2015 WL 630248 at *2 (footnote omitted, second alteration in original). Because Xie's wages are property, his Labor Law claims survive. See generally Bilanow v. United States, 309 F.2d 267, 268 (Ct. Cl. 1962) ("The right to employment and to earn a living free from undue molestation is a property right affecting the estate of plaintiff. Such right does not abate upon his death.").
"[U]nder federal common law, a federal [claim] survives the death of a party if it is remedial and not penal in nature." Int'l Cablevision, Inc. v. Sykes, 172 F.R.D. 63, 67 (W.D.N.Y. 1997). Because the FLSA is remedial, Callari v. Blackman Plumbing Supply, Inc., 988 F.Supp.2d 261, 275 (E.D.N.Y. 2013), citing Havey v. Homebound Mortgage, Inc., 547 F.3d 158, 163 (2d Cir. 2008) and Martin v. Malcolm Pirnie, Inc., 949 F.2d 611, 614 (2d Cir. 1991), Xie's claims under the FLSA survive. Acebal v. United States, 60 Fed.Cl. 551, 556-57 (2004); accord Jankowski v. Castaldi, 01CV0164 (SJF)(KAM), 2006 WL 118973 at *7 (E.D.N.Y. Jan. 13, 2006).
To the extent defendants are claiming that Xie's commission of a homicide[2] should preclude his estate from enforcing his wage and hour claims, their argument is contrary to law. In most cases, New York does not strip convicted felons of their right to bring a civil action. New York Civil Rights Law Section 79(2) expressly preserves the right of individuals subject to a sentence other than life imprisonment to commence civil actions.[3] Although a criminal cannot ordinarily bring an action that would result in the criminal profiting from his criminal activity, see Sorrentino v. Barr Labs., 218 F.Appx. 7, 8 (2d Cir. 2007) (summary order); Barker v. Kallash, 63 N.Y.2d 19, 25, 468 N.E.2d 39, 41, 479 N.Y.S.2d 201, 203 (1984), there is no allegation of any connection between Xie's wage and hour claims and the homicide defendants claim he committed. Finally, Natale v. Country Ford Ltd. does not support defendants' argument. That case merely stated that courts have discretion to decide whether to grant a motion for substitution under Fed.R.Civ.P. 25. It does not remotely suggest that a plaintiff's conviction of a crime unrelated to a wage and hour claim prevents the plaintiff from asserting a claim under the FLSA.
Accordingly, both Xie's FLSA and Labor Law claims survive his death, and there is no equitable reason to prevent his estate from asserting those claims.
3. Proper Party
Plaintiffs contend that Zhang is the proper party to be substituted for Xie because he has received limited letters of administration for Xie's estate (Pls.' Reply at 2).
Under Fed.R.Civ.P. 25, a proper party for substitution is "either (1) a successor of the deceased party [-] a distributee of an estate if the estate of the deceased has been distributed at the time the motion for substitution has been made, or (2) a representative of the deceased party [-] a person lawfully designated by state authority to represent the deceased's estate." Badalamenti v. Country Imported Car Corp., CV 10 4993 (SJF)(WDW), 2012 WL 6061639 at *9 (E.D.N.Y. Dec. 5, 2012), quoting Allen ex rel. Allen v. Devine, supra, 2011 WL 5117619 at *4 and citing Garcia v. City of New York, CV 08-2152 (RRM)(MDG), 2009 WL 261365 at *1 (E.D.N.Y. Feb. 4, 2009) and Graham v. Henderson, 224 F.R.D. 59, 64 (N.D.N.Y. 2004). To be a lawfully designated representative, the party to be substituted must have received letters to administer the decedent's estate. Garcia v. City of New York, supra, 2009 WL 261365 at *1; Graham v. Henderson, supra, 224 F.R.D. at 64.
Defendants do not appear to contest that Zhang is a "lawfully designated" representative of Xie's estate. Instead, defendants contend that Zhang should not be substituted because his limited letters of administration do not grant him the power to prosecute this action on Xie's behalf (Defendants' Sur-Reply in Opposition to Plaintiffs' Motion for Substitution Pursuant to F.R.C.P. 25, dated February 17, 2015 (Docket Item 65) ("Defs.' Sur-Reply") at 2). Defendants' argue that there is no evidence that the Surrogate's Court granted Zhang the authority to prosecute this action, or was even aware the action existed, nor have plaintiffs' submitted proof that Xie's surviving family has knowledge that Zhang was appointed representative of Xie's estate (Defs.' Sur-Reply at 2).
The Surrogate Court's decree noted that "a right of action exists, granted to the Administrator of the decedent by special provision of law or one which existed in behalf [sic] of the decedent" (Decree, annexed as Ex. 2 to Pls.' Reply). The decree also placed restrictions on the administrator's powers: the administrator is not empowered, absent further order by the surrogate, (1) to collect or receive any fund or property on behalf of Xie, (2) to compromise an action on behalf of Xie, (3) to enforce a judgment entered in favor of Xie, or (4) to compromise or enforce a judgment in an action for Xie's wrongful death (Decree, annexed as Ex. 2 to Pls.' Reply).
The foregoing demonstrates that the Surrogate was aware that Xie had a claim at the time of his death, and the restrictions on Zhang's powers as administrator of Xie's estate do not prevent him from prosecuting the FLSA and Labor Law claims on behalf of Xie's estate. The decree does place restrictions on Zhang's powers with respect to settlement and collecting and enforcing a judgment. None of those powers are at issue at the moment.
Defendants further contend that Zhang should not be substituted on behalf of Xie's estate because Zhang is also a plaintiff in this action, resulting in a conflict of interest (Defs.' Sur-Reply at 2-3). Defendants contend that Zhang does not "have an interest in negotiating for the best possible fee arrangement with [p]laintiffs' counsel on behalf of the estate" and that Zhang has an interest "in making sure that Bin Xie's estate receives the same or smaller proportion of the final judgment or recovery as that of himself, but no more" (Defs.' Sur-Reply at 3).
The conflict that defendants argue would arise if Zhang were to prosecute Xie's claim on his behalf is only a conflict if defendants are unable to pay each plaintiff the full amount owed. Defendants offer no evidence that that is or will be the case. The remainder of defendants' conflict arguments are purely speculative.
Accordingly, I find Zhang to be a proper party.
IV. Conclusion
Accordingly, for all the foregoing reasons, I grant plaintiffs' motion for substitution, and I grant plaintiffs leave to amend the complaint to reflect plaintiff Xie's substituted status. The Clerk of Court is directed to substitute Ji Hui Zhang, as representative of the Estate of Bin Xie, in place of Bin Xie as a plaintiff in the case and to amend the caption accordingly.
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Garlic Potato Straw Surprise
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This serves 4...always a hit at our house
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Did you know my name is FristName? I didn't either. But yesterday I received an email that started out with: Hello [FRISTNAME].
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United States District Court, C.D. California
November 26, 2014
TONY RENE JACKSON, Petitioner,v.M.E. SPEARMAN, Warden, Respondent
Tony Rene Jackson, Petitioner, Pro se, Soledad, CA.
For M. E. Spearman, et al, Respondent: Seth Patrick McCutcheon, CAAG - Office of Attorney General, California Department of Justice, Los Angeles, CA.
This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for the Central District of California.
On July 3, 2014, Tony Rene Jackson (" Petitioner"), a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody, pursuant to 28 U.S.C. § 2254 (" Petition") (Docket Entry No. 1). The Petition raises three grounds for habeas relief. (See Pet. 5-6.) On September 12, 2014, Respondent filed a Motion to Dismiss the Petition (Docket Entry No. 10). On October 15, 2014, Petitioner filed an Opposition to Respondent's Motion to Dismiss (Docket Entry No. 15). For the reasons discussed below, it is recommended that the Petition be DENIED, and that this action be DISMISSED with prejudice.
On May 7, 2012, in Los Angeles County Superior Court, Petitioner pled no contest to, and was convicted of, one count of possession of a firearm by a felon, in violation of California Penal Code (" P.C.") § 12021(a)(1).[1] (Lodgment 5, at 324-25.) On the same day, Petitioner admitted to committing a prior strike offense, and was sentenced to four years in prison, pursuant to P.C. § § 667 and 1170.12. (Lodgment 5, at 325.)
On July 2, 2012, Petitioner appealed his conviction and sentence to the California Court of Appeal, which affirmed the judgment in a reasoned opinion on May 6, 2013. (Lodgment 1.) On June 17, 2013, Petitioner filed a petition for review in the California Supreme Court.[2] (Lodgment 2.) On July 24, 2013, the California Supreme Court denied review. (Lodgment 3.)
On July 3, 2014, Petitioner filed the instant Petition.[3]
The following facts are taken from the California Court of Appeal's decision on direct review and have not been rebutted with clear and convincing evidence; thus they are presumed to be correct. 28 U.S.C. § 2254(e)(1); Slovik v. Yates, 556 F.3d 747, 749 n.1 (9th Cir. 2009).
Joe Cummings had known [Petitioner] for several years. Cummings believed [Petitioner] was angry with him for an incident that occurred at the funeral of Cummings' mother. Cummings did not allow [Petitioner] to bring a gun into the funeral.
Cummings made a police report about the incident that occurred on March 25, 2011, when he encountered [Petitioner] at a store. [Petitioner] approached Cummings and said, " I got my gun with me tonight." [Petitioner] left the store and waited in the parking lot, and Cummings saw that [Petitioner] was armed with a gun. Store employees called [the] police, and [Petitioner] fled. When the police arrived, Cummings provided the officers with some information about [Petitioner]. The officers attempted to pursue and apprehend [Petitioner], but were unsuccessful. The officers returned to the store, but Cummings had already gone.
On March 26, 2011, Cummings was in front of his home when he saw [Petitioner] driving a silver or gray Chrysler 300. [Petitioner] stopped in front of Cummings' home and said while holding a gun, " Nigga I'm gonna kill your punk ass!" Cummings was in fear and called the police.
On April 26, 2011, Cummings went to the police station. It appears he officially reported the March 25, 2011 incident at this time. On June 14, 2011, Cummings returned to the police station and met with Los Angeles Police Detective Patrick Flaherty.
On August 4, 2011, a magistrate approved Detective Flaherty's search warrant and affidavit. The transcript of the preliminary hearing shows that Detective Flaherty obtained and served a search warrant at [Petitioner's] home on August 10, 2011, and found a loaded .25-caliber semiautomatic pistol.
(Lodgment 1 at 2-3.)
The Petition raises the following claims for federal habeas relief:
Ground One: The trial court erred in denying Petitioner's motion to suppress evidence because the warrant lacked probable cause.
Ground Two: The good faith exception to the exclusionary rule does not apply because the warrant affidavit was so lacking in probable cause that any belief that the warrant was sufficient was unreasonable.
Ground Three: The trial court should have suppressed the evidence that was found during the search.
(Pet. 5-6, 28-34.)[4]
In Grounds One through Three, Petitioner alleges that the evidence used against him during the state criminal proceedings ( i.e., the .25-caliber semiautomatic pistol) should have been suppressed by the trial court because it was seized in violation of the Fourth Amendment. Petitioner claims, as he did at the hearing on his motion to suppress evidence before the trial court, and in his state appellate proceedings, that the search warrant was invalid because the information in the affidavit was stale and inherently unreliable and that the good faith exception did not apply. (See Lodgment 1 and 5 at 303-311.) Petitioner also asserts that the trial court erred in denying his motion to suppress. (Pet. 6, 33-34; Lodgment 1.) As set forth below, Petitioner is not entitled to habeas relief on these claims.
" [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 relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial." Stone v. Powell, 428 U.S. 465, 494, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976); see Villafuerte v. Stewart, 111 F.3d 616, 627 (9th Cir. 1997). " The relevant inquiry is whether petitioner had the opportunity to litigate his claim, not whether he did in fact do so or even whether the claim was correctly decided." Ortiz-Sandoval v. Gomez, 81 F.3d 891, 899 (9th Cir. 1996). If a petitioner has been afforded such an opportunity, then the benefits of applying the exclusionary rule are outweighed by the " substantial societal costs."
See Stone, 428 U.S. at 494-95.
" Under California law, a defendant can move to suppress evidence on the basis that it was obtained in violation of the [F]ourth [A]mendment." Gordon v. Duran, 895 F.2d 610, 613 (9th Cir. 1990); P.C. § 1538.5. Here, Petitioner was permitted to, and did in fact file, a pre-trial motion to suppress pursuant to P.C. § 1538.5. (Lodgment 4, Bates Nos. 43-61.) On May 5, 2012, the trial court held a hearing on the motion. Petitioner's trial counsel argued that the information in the warrant was stale, the affidavit lacked probable cause and that the good faith exception to the exclusionary rule did not apply. (Lodgment 5 at 303-04.) The trial court denied the motion, finding that, " based on the totality of what was presented to the magistrate with regard to seeing whether or not there was probable cause, I think that the nature of the case, the nature of the item in question, and how it was presented in the affidavit, I believe the magistrate had sufficient grounds to deem there was probable cause."
Id., at 309. The trial court also found that, " in the alternative, I do believe that the good faith exception applies." Id.
Furthermore, Petitioner also raised his Fourth Amendment claims in his direct appeal to the California Court of Appeal (Lodgment 6 at 6-17). The Court of Appeal rejected those claims in a reasoned decision, finding that " [t]he warrant was not invalidated by stale information, despite the lapse of time between the last sighting of defendant with the gun and the request to search." (Lodgment 1 at 6.) " If an individual brandishes or uses a firearm, the most logical places to look for that firearm are on his person, in his home, or in his car. This constitutes a reasonable inference rather than 'speculation and conjecture' as defendant alleges." Id. The Court of Appeal also rejected petitioner's argument about the reliability of the information reported by the citizen informant, that finding that, " in determining probable cause, an informant's reliability must be reviewed under a totality of the circumstances test" and " even if we entertain some doubt as to an informant's motives, his explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles his tip to greater weight than might otherwise be the case."
Id., at 9. The Court of Appeal also rejected petitioner's contentions regarding the warrant application's inclusion of a summary of the affiant's background as a gang officer, noting that this information was not included in the statement of probable cause or offered for the evidentiary nexus between the location to be searched and probable cause for the search, but was a permissible and necessary component of the totality of the circumstances.
Id., at 10. Accordingly, the Court of Appeal held that, " viewing the totality of the circumstances, we agree with the trial court's conclusion that the affidavit established a fair probability that firearms would be found at defendant's residence or inside his vehicle." Id.,
at 11. Based on this finding, the Court of Appeal found it unnecessary to address petitioner's claim that the good faith exception to the exclusionary rule was inapplicable. Id.
Petitioner also raised his Fourth Amendment claims in his petition for review in the California Supreme Court. (Lodgment 2.) The California Supreme Court summarily denied review. (Lodgment 3.)
As set forth above, Petitioner received, and fully availed himself of, a full and fair opportunity to litigate his Fourth Amendment claims in the state courts.[5]
See Gordon v. Duran, 895 F.2d 610, 613-14 (9th Cir. 1990) (California Penal Code section 1538.5 provides a defendant with a " full and fair" opportunity to litigate a Fourth Amendment search and seizure claim in state court). " All
Stone v. Powell requires is the initial opportunity for a fair hearing." Caldwell v. Cupp, 781 F.2d 714, 715 (9th Cir. 1986) (citation omitted). " Such an opportunity for a fair hearing forecloses this court's inquiry, upon habeas corpus petition, into the trial court's subsequent course of action. . . ." Id. (citations omitted).[6]
Because Petitioner has failed to demonstrate that he did not receive a full and fair opportunity to litigate his Fourth Amendment claims in state court, Stone v. Powell bars this Court's consideration of the grounds raised in the Petition.[7]
For the foregoing reasons, IT IS RECOMMENDED that the Court issue an Order: (1) approving and adopting this Report and Recommendation, (2) denying and dismissing the Petition with prejudice.
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Van Gogh tops list of oil paintings in 2010
on Thursday,December 23,2010 19:12
Even though some of the most renowned artists have passed on, their work remains popular among collectors around the world. Recently, Vincent van Gogh's "Almond Tree in Blossom" piece was named the most popular oil painting of 2010. It reached the top of overstockArt.com list, beating out other works by artists, including Claude Monet and Pablo Picasso.
In 2009, overstockArt.com determined that van Gogh's "Starry Night" was not only the most popular oil painting of the year, but of the decade. Out of the top 10 list of 2010, a total of four pieces were created by van Gogh: "Starry Night," "Almond Tree in Blossom," "Cafe Terrace at Night," and "Sunflowers."
"We saw an almost instantaneous increase in sales of the painting when the different interpretations were introduced, particularly with the red interpretation, which was an immediate best-seller," said David Sasso, CEO of overstockArt.com.
More than 600,000 art enthusiasts visit the website every month. Pieces by Mark Rothko and Gustav Klimt also made the 2010 top 10 list of oil paintings.
Employment of artists is predicted to increase by 12 percent over the next eight years, according to the U.S. Bureau of Labor Statistics.
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It is no secret to many that music artist Kanye West is no stranger to fashion, and now he will be showing his new collection during Paris Fashion Week later this week, according to the Elle Magazine.
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The Journal of Law, Medicine & Ethics
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An Ethics Expertise for Clinical Ethics Consultation
The legitimacy of clinical ethics consultation is often implied to rest on the legitimacy of moral expertise. In turn, moral expertise seems subject to many serious critiques, the success of which implies that clinical ethics consultation is illegitimate. I explore a number of these critiques, and forward "ethics expertise," as distinct from "moral expertise," as a way of avoiding these critiques. I argue that "ethics expertise" succeeds in avoiding most of the critiques, captures what clinical ethics consultants might justifiably do, and expresses a subject matter which can be taught and assessed.


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FG promises to complete Ibadan-Ilorin Expressway in 2019
Chairman, Senate Committee on Works, Senator Kabiru Gaya, has said the Federal Government would complete the Ibadan-Ilorin Expressway by 2019, 14 years construction of the highway started.
He disclosed this at the flag off ceremony of the remaining 52 kilometres that have not been constructed on the expressway, leading from Oyo to Ogbomoso. The ceremony was held at the boundary of the Oyo-Ogbomoso Road.
Former President Olusegun Obasanjo had awarded the road in 2002 and divided the highway to three lots. The […]


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October 02, 2003
VYRON WHEELER, APPELLANT,v.UNITED STATES, APPELLEE.
Appeal from the Superior Court of the District of Columbia (F-1386-96) (Hon. Harold L. Cushenberry, Trial Judge)
Before Farrell and Reid, Associate Judges, and Newman, Senior Judge.
Argued September 4, 2003
Vyron Wheeler was found guilty by a jury of second-degree murder while armed and possession of a prohibited weapon. Although he makes a variety of arguments for reversal, the only one requiring more than summary treatment is his contention that the trial judge erred in not giving his requested instruction on intoxication as a defense to second-degree murder. Rejecting as we do Wheeler's argument that in Comber v. United States, 584 A.2d 26 (D.C. 1990) (en banc), this court implicitly overruled prior law holding the defense of intoxication inapplicable to second-degree murder, we affirm. *fn1
The shooting death of Earl Rubin took place on the night of January 8, 1996. Viewed in the light most favorable to the government, the evidence established that earlier that evening Rubin and others had been playing cards, drinking, and smoking crack cocaine at an apartment when Wheeler entered, expecting to socialize with the group, most of which he knew. When several members of the group, and ultimately Rubin, asked Wheeler to leave, Wheeler resisted and indicated that he "wanted to fight [Rubin]." Wheeler was persuaded to leave peacefully, but he returned a half hour later with co-defendant Boone. Wheeler and Lillian Pitts, his former girlfriend, went into a back room to talk, after which Wheeler came out and spoke with Boone. At some point the two men entered the kitchen, and Wheeler was then seen carrying a butcher knife while Boone was armed with a steak knife. They confronted Rubin, and Wheeler "raised the butcher knife and . . . started hollering, "Man, this is my woman . . . I love this woman," and "Don't ever step to me [sic] like that." Others tried to "block [Wheeler and Boone] from getting to [Rubin]."
Rubin managed to evade the two men and run out of the apartment. Wheeler and Boone ran after him, and an eyewitness in another apartment observed three men (whom she could not identify) running up the street. She saw one of the men -- inferentially Rubin -- fall, and when the two others caught up to him they began "tussling" with him and telling him to "beg for [his] life." Rubin escaped briefly, but another witness saw the two men overtake him and begin beating and kicking him. Two other eyewitnesses also observed the attack. One saw the taller assailant with a knife in his hand; the other saw the tall man hand the knife to the shorter one and tell him "to kill [Rubin]." Eventually the assailants ran away.
The eyewitnesses approached and saw Rubin lying on the ground in snow, bleeding profusely but still alive. In the snow nearby lay a butcher knife. Rubin later died at the hospital from three stab wounds. Extensive blunt force trauma to his face and head contributed to his death.
Altogether, four witnesses identified Wheeler as one of the men who had chased Rubin out of the apartment. While none of the witnesses who saw the actual beating could identify him by name, their descriptions of the taller assailant closely matched Wheeler's physical features and the clothes he had been wearing that day.
The trial judge instructed the jury on voluntary intoxication as a defense to first-degree murder, but, on the basis of prevailing case law, refused to give the same instruction as to second-degree murder. Appellant concedes the existence of those cases but argues that their validity has been undermined ("eroded") by this court's en banc decision in Comber v. United States, supra. *fn2 We reject that argument.
The leading case on intoxication in this jurisdiction is Bishop v. United States, 71 U.S. App. D.C. 132, 107 F.2d 297 (1939). There the U.S. Court of Appeals reviewed the common law authorities and held that, although voluntary intoxication "may negative the ability of the defendant to form the specific intent to kill, or the deliberation and premeditation necessary to constitute first degree murder, in which event there is a reduction to second degree murder," it "may not reduce murder to voluntary manslaughter, nor permit an acquittal of murder." Id. at 136, 107 F.2d at 302 (footnotes omitted). "[V]oluntary immediate drunkenness," in particular, "is not admissible to disprove [the element of] malice" integral to the crime of murder. Id. (citation and quotation marks omitted). In keeping with M.A.P. v. Ryan, 285 A.2d 310, 312 (D.C. 1971), decisions of this court have recognized the binding authority of Bishop, see Carter v. United States, 531 A.2d 956, 963 (D.C. 1987); Harris v. United States, 375 A.2d 505, 508 (D.C. 1977), in regard to murder as w ell as to other crim es requiring proof of malice. See, e.g., Carter, supra; Washington, supra note 2, 689 A.2d at 573 (citing Carter).
Wheeler argues, nevertheless, that our decision in Comber effected a change in the law by unbundling, as it were, the traditional concept of "malice aforethought" and "making . . . clear that second degree murder requires one of three mental states, each of which equates to [the element of] specific intent," hence making intoxication relevant to the crime (Brief for App. at 7). We think Wheeler confuses Comber's endeavor to clarify the meaning of malice w ith an intent to change existing law. As we explain, Comber cannot plausibly be read to have altered the mens rea for second-degree murder and thus have opened up the crime to the intoxication defense.
Comber did not concern the issue of intoxication, and, for that matter, was not concerned strictly with second-degree murder. It was a consolidated appeal from convictions of two defendants for voluntary manslaughter. "[T]he key element of discussion in th[e] case [was] not [even] whether appellants were improperly convicted of manslaughter, but whether they were convicted of the proper type of manslaughter," voluntary or involuntary. Comber, 584 A.2d at 54. Along the way, it is true, the court undertook to review the law of homicides generally in this jurisdiction, starting with the distinction between murder and manslaughter. Finding the traditional category of "malice aforethought" confusing and unhelpful, id. at 42 n.18, the court explained that malice "denotes four types of murder, each accompanied by a distinct mental state":
First a killing is malicious where the perpetrator acts with the specific intent to kill. Second, a killing is malicious where the perpetrator has specific intent to inflict serious bodily harm. Third, an act may involve such wanton and willful disregard of an unreasonable human risk as to constitute malice aforethought even if there is not actual intent to kill or injure.
. . . [W]e refer[] to this kind of malicious killing as "depraved" heart murder. . . . Historically, a fourth kind of malice existed when a killing occurred in the course of an intentional commission of a felony. Under this . . . rule, malice, an essential element of murder, is implied from the intentional commission of the underlying felony even though the actual killing might be accidental.
Id. at 38-39 (internal citations and quotations omitted; emphasis added). The court went on to state:
Even where an individual kills with one of the four states of mind described above, the killing is not malicious if it is justified, excused, or committed under recognized circumstances of mitigation. Implicit in the notion of malice aforethought is the absence of every sort of justification, excuse or mitigation. . . . The absence of . . . mitigation is thus an essential component of malice, and in turn of second degree murder.
Id. at 40-41 (internal citations and quotations omitted).
From the quoted passages, Wheeler argues that Comber redefined m alice to include only states of mind equating to specific intent. Although he does not clearly lay out his reasoning, it seems that he draws his conclusion from the court's assertion that "[i]mplicit in the notion of malice is the absence of every sort of justificatio n, excuse or mitigation." Presumably, he believes that intoxication falls into the category of "every sort of justification, excuse or mitigation," and because intoxication is a defense to specific intent crimes only, then the malice component of second degree murder, as defined by Comber, must require specific intent (see Br. for App. at 15-16).
Comber cannot reasonably be understood to have re-defined malice in such a way. First, far from rejecting Bishop's implicit understanding that malice is not limited to specific intent, the court cited Bishop for the proposition that the common law definition of malice aforethought "continues in effect in the District of Columbia." 584 A.2d at 38 n.9. Moreover, in discussing malice the court drew guidance from Byrd v. United States, 500 A.2d 1376 (D.C. 1985), aff'd in part en banc, 510 A.2d 1035 (D.C. 1986), and Logan v. United States, 483 A.2d 664 (D.C. 1984), neither of which presaged any change in the law of homicide in this jurisdiction. As relevant here, Byrd had simply pointed out that, by creating a statutory definition of murder, the District of Colum bia codified the common law definition of murder -- a definition on which Comber based its discussion of second-degree murder. See Byrd, 500 A.2d at 1385. Logan had held that "specific intent . . . is not a prerequisite to voluntary manslaughter," 483 A.2d at 672 n.9, a crime which, as Comber explained, is a homicide that "but for the presence of legally mitigating circumstances" would be murder. See 584 A.2d at 47. It is unlikely, to say the very least, that Comber would have sought instruction from Bishop, Byrd, or Logan if it intended, without saying so, to supplant their understanding of m alice with something new.
Furthermore, Comber's specification of the third mental state embraced by malice is quite incompatible with an aim to equate malice with specific intent. That state of mind concerns "'such a wanton and willful disregard of an unreasonable human risk as to constitute malice aforethought even if there is not an actual intent to kill or injure.'" Id. at 38-39 (quoting R. PERKINS & R. BOYCE, CRIMINAL LAW 59 (3d ed. 1982)); see also id. at 39 n.11 (quoting 2 W. LAFAVE & A. SCOTT, SUBSTANTIVE CRIMINAL LAW § 7.4, at 199-200 (1986) ("Extremely negligent conduct" creating "an unjustifiable but also a very high degree of risk of death or serious bodily injury to . . . others -- though unaccompanied by any intent to kill or do serious bodily injury --" may constitute murder if it causes death)). If murder can be established by proof of "[e]xtreme[] negligen[ce]," specific intent plainly is not one of its essential components. *fn3
Finally, although Wheeler argues that the trial court was required only to instruct the jury that "legally mitigating circumstances" -- here intoxication -- could reduce his crime of homicide to voluntary m anslaughter, in reality intoxication would operate in this context not as a mitigating factor but as a condition negating the mental state for both murder and manslaughter. If Wheeler was intoxicated, his condition "rendered him incapable of forming the . . . intent essential to the commission of the crime charged," Washington, supra note 2, 689 A.2d at 573 -- here, the conscious disregard of an unreasonable human risk necessary to establish second-degree murder. But, as the court explained in Comber, "[t]he four mental states recognized as malicious for purposes of second-degree murder exist in manslaughter, as well." Comber, 584 A.2d at 52. So a jury finding that intoxication negated Wheeler's ability to form any of the mental states for m urder logically would reach the same conclusion as to manslaughter. Comber could not plausibly have intended its discussion of homicide to have so dramatic an effect on the law of homicide and intoxication, in a case where no issue of intoxication -- or, strictly speaking, of murder -- was presented. *fn4
Because the trial judge correctly refused to instruct on intoxication as a defense to second-degree murder, the judgment of conviction is
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Pentax - Optio M50 Digital Camera Reviews
- Other Digital Cameras:
- Average: 4.4
- High: 5.0
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Comments about Pentax - Optio M50 Digital Camera:
I've always liked the Optio line of cameras. Pentax uses top quality lenses for them, ensuring that you get crisp, clear images that look good even when blown up. The camera has a moderate set of features, and they are laid out in an easy to use interface. If you are looking for advanced features, this camera is not for you.
One thing I love about Optios is that they are extremely durable. Mine got wet a couple times and kept working (though you should always try to keep it dry). It also took a few nasty drops and kept working. The only thing that ultimately stopped it was when I lost it on a trip to California. I think it was stolen from my hotel room, actually, which was really frustrating.
But I bought a new Optio, because they're that good.
Comments about Pentax - Optio M50 Digital Camera:
My husband bought me this camera after my sony one was dunked in the toilet by my three year old. I was unsure of it at first because i was always one to go for what i thought was a well known brand. I tried the camera and went and had some pictures printed off and was floored they came out so well. the camera had more megapixals than my last camera and was so much clearer with the pictures. its not only smaller and more comfortable to take with me, it has my oldest daughter always trying to take it lol. Santa just might have to bring her one this year!
Comments about Pentax - Optio M50 Digital Camera:
When I was in the market for a digital camera, of course my first requirement was that it was reasonably priced. Secondly, I wanted something that took good pictures. Finally, I wanted something that was durable and had lots of options so that I could learn to take better photos.
I did some research, and it lead me to the Pentax Optio M50 digital camera. I bought the pink one and have not been disappointed in it! I got a super deal off of an online store. I am not tech savvy at all but have had to try and teach myself a little about stuff like that in the past five years out of necessity. This little thing was pretty easy to install the software for (which, by the way, is awesome. The photo managing software that comes with it is one of the best I've used). Also, it is fairly easy to take a basic picture. It's only when you want to play around and crop, edit, take fancy pictures etc. that it becomes more complicated. I'm sure if you have used stuff like this before you would find it easy to do, but for me it's been difficult and I've had to focus on one thing at a time (ex: learning to use the video camera function). But I'm chugging along slowly but surely, and the only complaint I have is that the camera would only let you hold a few pictures in its memory, so I had to buy a camera card (but that was a very cheap purchase, so I'm not complaining. Now I've got 600+ pictures stored on the camera).
Very satisfied with this product and would recommend it if you are in the market for one.


text:
It was a little bit of a deja vu moment. When I stepped on the scale tonight, I went through the exact thought process I did on Friday night. Stared down at the result and then thought, Nothing to do now but keep on doing what I'm doing. I actually appreciate the sameness–the routineness–of it. Consistency, that's the word I'm looking for.
Well, okay, tonight there was one difference. I showed a 1.4 pound loss from last Monday! You know what that means, don't you? BLING!! I earned my 80 pound badge!
While I did take a moment to savor it, I had to hustle out to my workout. Consistency. I've never had a lot of that before.
To commemorate this auspicious occasion, I offer a glimpse at the difference 80 lbs makes:
These are head shots for my work profile, so you'll understand why I'm not at my best. The photo on the right was taken a couple of weeks ago, just after I'd finished leading a workshop all morning (to explain the somewhat washed-out look *G*). The photo on the left is somewhat embarrassing, but I try to focus on my smile and remember that I was (and am) a mostly good person no matter the size.
(edited to fix photo size)
I thank ALL of you so very much for your amazing support, always, but especially these past few weeks while I truly tippy-toed my way to new bling. We can all exhale now; I think the next one will be a while coming. And that's okay. Nothing to do but keep on doing what I'm doing.
Also a thank you for the well wishes on the dental dilemma. My dentist called in an antibiotic today, and I'm already feeling much relief! I may even sleep!
Fingers crossed that everyone had a successful week, on the scale or beside it!


text:
The Week Ahead: Waiting for more shoes
November 10, 2008
Upwards of 65% of the S&P 500 companies have reported thus far and we have been continuing to see disappointment after disappointment. It is estimated that profits for the entire index will come in 11.7% lower as compared to last year.
Many of the real problems have yet to be reported as companies have only started to feel the effects of the significant drop in sales which accelerated through October. This week will probably add to concerns about the near term outlook as we continue to accept that this will not be a V-shaped recovery. By all accounts, this is simply the start of a much longer slowdown that will require continued intervention in order escape the worst feared outcome. Even so, there are some opportunities to profit as stocks will bounce around, even in the ugliest of market conditions. Here are a few ideas.
Read te rest of the article HERE
Economics for WEAK of Feb 15th
February 13, 2008
Just as I was thinking that there was a chance that the markets may begin to to stabilize, there is banter around in print and media that has me questioning that thought. It is apparent that there is a disconnect from reality that continues to be reported.
"as long as you can service the debt" is one of the recent comments that has me worried . The truth is that unless personal debt remains constant and income/wages are somewhat stable consumers will have less money to spend and more fear about their future. But that is not what is actually occuring. Layoffs, reductions and a sharp reality check shows that they unless there is a continuation of the bailouts, the future for the consumer is bleak. Not good!
There are many factors that affects markets, no doubt. Yet the overhang and focus is obviously on consumers. A reassessment of credit and a real plan, instead of throwing money at the problem is more in line what should happen. Bailout, Bailout, Bailout is what is desperately wanted and the markets will continue to kick, cry and scream until is gets its way. Yet a bailout will be a monumental mistake that will create immediate relief, but long term pain. Yes, there is a moral hazard concern here!
We will be paying close attention to the export prices which should continue to drift down. That will be good.
Retail sales will assuredly be better than expected since there are no expectations. Realize that his is one of the tried and true tactics for the markets: lower expectations and then report over the expectation. Pathetic as it may seem, it is a regular occurrence.
We are expecting Retail Sales to come up short, but better than expected. OR said another way, not as horrible as is priced into the markets.
This will help to bring the focus back to the idea that we are closing in on a recession status. No doubt, this is an important week.


text:
$150 to SNE - hotrun
The curse seems to be finally brokend and I am not running under EV every single day anymore! After my last blogpost full of tears due to being 320 Bis under EV I began to run supergood. And it does indeed feel supergood!
My total roll was at $1841 last week and I was very frustrated by the thought of how much I am going to have to play in order to move to $30s. Luckily, in the end in took just little over 1,000 games to get there thanks to the streak I am having. I noticed, however, that once I fire up 10th table my focus goes terribly down and my ROI is most likely much worse, so I decided to not play more than 9 for some time now, especially right after moving up. There are some new regs to figure out and the games are bit more aggro = more fun J
The great thing is that I am enjoying playing much more again, although I do have to keep studying as well as I am still not as good as some of the regs I play with. I am very pleased with my volume, except for one free day I am playing 7 hours a day on average which is just great even though I am taking a couple of days off now – I am going to be enjoying my birthday present, 2 days in Tatralandia with my girlfriend. Hopefully, this will help me relax a bit and get some new energy for the upcoming grind.
Here's this week's mr. graphy graph:
As you can see I was finally able to run above EV and I just hope it will continue to be like that for as long as possible. That would make getzing back on pace, moving up to $60 and reaching my this month's goal of 100,000 VPPs much easier.
SNG played: 18,744
Profit: $3,363
Bonuses: reloads $310, VIP stellar rewards $600, Refund $22, Battle of planets $80
Total profit: $4,375
Bankroll: $4,525
VPPs: 52,374
Hourly rate: $15,03
Average VPPs needed per day to reach SNE: 8386
- 23307 users
- 32 supernova Elites
- And players who actually win pre-rakeback
- They all share their poker lives on TiltBook


text:
On any given day any one of us could awaken to an event that may change our lives forever. Experience this REALITY with those who created a new life from the trauma. DISABLED VETERANS: Discover a creativity you never knew existed. Artists tell their own stories in color and words to find healing in the process. FAMILIES: A nuts and bolts guide to giving support in tough times. Everyone in the family needs a full life after trauma. YOUNG ADULT DRIVERS: Envision your own life after an accident caused by alcohol. Your attention to safety on the road will skyrocket.Joe shows me a shelf of text books from his days as an electronics engineera pages and pages of algorithm, wiring schematics, and ... Ever busy, Joe has collected the basic auto parts for a Hornet (or maybe a 1956 Chevy) for a future project.
|Bonsai Days, The Art of Living After Trauma
|Annie Bane
|Lulu.com - 2014-09-19