text:
Graphics, Sound and Source by John Dyer, Unintentional Software Kids will learn the letters of the alphabet and their order as colorful blocks spin around ...
Discontinued App
Educational | iPhone, iPad
Undefined | iPhone, iPad
Graphics, Sound and Source by John Dyer, Unintentional Software Kids will learn the letters of the alphabet and their order as colorful blocks spin around and slide over a magical rainbow into a pot of gold. Â Playful music, graphics and encouraging words will keep them focused and learning. Â Multiple skill level settings will let them advance as they master each one. With seven different high-quality, professionally recorded versions of the alphabet song, parents can choose different styles and use the game as musical accompaniment to sing the alphabet song to their children. From the settings page, select the gender of the voice you want; the type of music (regular, decaf or espresso), and the starting level. Blocks are randomly stacked differently each time you play. Tap them in the right order and they fly over the rainbow. Followed by a stream of stars, the blocks head for the pot of gold at the end of the rainbow. The blocks splash into the pot of gold then appear in the sky. Sounds of celebration and an explosion of confetti follow each successful progression of the game. Medals are awarded after each level is completed!. Currently compatible with iPhone 3G, 3GS, 4 and 4S and iPod Touch 4th Generation. iOS 4.2 and up. iPad version coming soon.
Version: 1.32
Size: 48.88 MB
Price: 0,00 €
Day of release: 0000-00-0


text:
Flamebait Friday Debate – Should consoles be art?
But is it art? We want you tell us if video game consoles should have form follows function design, or pure techno sex appeal.
PSA: Overwatch is free to play all weekend (on consoles)
If you've not yet had the opportunity to play Overwatch, clear your weekend plans immediately. The shooter is going to be free to play for the next couple of days!
The PS4 Pro leverages some impressive 4K upscaling technology
The PS4 Pro might be asking questions outside of 4K, but for those it is targeting there's some impressive technology to look forward to.
Xbox room "went silent" when Sony announced the price for the PS3
Turns out our industry might be more predictable than we think, with the Xbox 360 and PS3 race sounding oddly familiar.
NX still on track for March 2017, says Nintendo
Nintendo confirms that the NX is still on track for 2017, with the company fully focused on their new console.
Sony don't want mid-cycle console upgrades to last
Sony might be preparing their PS4 NEO, but they arent sure it's a strategy they want to last
FFD: Is the traditional console cycle dead?
With mid-cycle upgrades coming to the Xbox One and PlayStation 4, has the traditional console generation cycle been turned on its head?
Nintendo isn't talking about the NX because of a "secret idea"
Nintendo is being coy with information around their new NX console, and there's a good reason behind that
As digital revenue continues to rise, could we see consoles go disc-less?
Are consoles going to change as digital distribution rises, or can I rely on consoles to always be my BluRay players?
XCOM 2 coming to PS4 and XBOX ONE in September
Were you saddened when XCOM 2 was announced as a PC exclusive? Buck up, soldier. It's headed to the PS4 and Xbox One later this year.
AMD suggests that new consoles are coming this year
In its latest earnings call, AMD suggests we'll see new consoles of some sort towards the end of this year. PlayStation 4K? Nintendo NX? Or perhaps, just system refreshes.
Overwatch dynamically changes resolution on consoles
Overwatch looks gorgeous on PC, so how well does it stack up on PS4 and Xbox One?

subset: commoncrawl


text:
Submit News
Apple's $1B USD Win Over Samsung Slashed by 40 Percent, App Settlement Nears
Jason Mick
March 4, 2013 12:12 PM
Recipient E-mail
Sender E-mail
Apple is facing a tough road in several court cases
Apple, Inc. (
) rocked the mobile market when it
scored a $1.05B USD jury verdict
over arch-rival Samsung Electronics Comp., Ltd. (
). A jury in the
U.S. District Court for the Northern District of California
ruled last August that Samsung "willfully" infringed on Apple patents covering Apple's iPad and iPhone. The jury agreed that Samsung "ripped off" the look and feel of Apple's iconic products.
Soon after Apple went for the jugular, looking to
triple the damages
due to the "willful" nature of the infringement. But even as it reveled in its victory, the win began to unwind.
U.S. Patent and Trademark Office
(USPTO) has filed preliminary invalidation rulings regarding
two of the
key Apple utility patents
involved in the case. And then presiding
Judge Lucy Koh
overrode the jury and
vacated the "willful" finding
, deciding that the jury was wrong and that Samsung only violated Apple's patents because it believed them to be invalid (a finding which the patent office at least partially agrees with).
I. More Bad News for Apple in Samsung Case
Last week in District Court, Judge Koh dealt Apple another setback,
[PDF] more than 40 percent of the jury damages. She justified the decision to slash $450,514,650 USD from the verdict by pointing to two errors made by Apple, which the jury did not realize.
First, Apple encouraged the jury to calculate damages based on Samsung's profits. In reality that approach was only valid for the design patents. As many of the violations were for utility patents, Judge Koh found those damages invalid due to error.
Samsung scored a key win in court last week. [Image Source: PhoneBuff]
Apple also goofed on the period it claimed damages on -- while Apple did notify Samsung of alleged violation of the "
rubber band patent
" (
U.S. Patent No. 7,469,381
, aka the '381 patent) (since ruled invalid) on August 4th, 2010, it did not notify Samsung of the
infringements until April 15, 2011, hence the period of infringement was shorter than Apple claimed.
Due to the errors, Judge Koh decided to simply eliminate the damages for many of the phones targeted, while declining Samsung's request to review the overall correctness of the jury verdict. Judge Koh argued it was too hard to determine why the jury ruled as they did; hence it would be inappropriate to modify their decision other than to correct the blatant errors.
She comments, "It is not the proper role of the court to second-guess the jury's factual determination as to the proper amount of compensation."
Judge Koh slashed Apple's gains by $400M USD, but declined to analyze the jury's overall verdict, leaving that to the appeals courts. [Image Source: IB Times]
The products for whom damages were partly vacated include:
Droid Charge
Epic 4G
Exhibit 4G
Infuse 4G
Galaxy Prevail
Galaxy SII for AT&T
Galaxy Tab
Nexus S 4G
The products for whom damages remain include:
Galaxy Ace
Galaxy S i9000
Galaxy S II i9100
Galaxy Tab 10.1 Wi-Fi
Galaxy Tab 10.1 with 4G LTE
Galaxy S 4G
Galaxy S II Showcase
Galaxy S II Skyrockeet
Galaxy S II Epic 4G Touch
Galaxy S II T-Mobile
Samsung is now only on the hook for around $600M USD, a rather trivial amount
given its record profitability
. Samsung also appears in a strong position to appeal the verdict and possibly get the entire damages tossed in the appeals circuit, assuming the USPTO finishes off Apple's patents used in the case (which are currently past the early stages of invalidation).
Apple, on the other hand, will likely try to appeal the vacation. It faces an uphill battle in this case, though. It will likely try to focus on its upcoming
second jury trial against Samsung
, which will deal with newer products and a slightly different set of patents.
II. In-App Purchases
Apple is
on the verge of settling
a second, separate case, which pertains to
in-app purchases
in its iOS mobile operating system.
In-app purchases were first added in summer 2010, with the release of iOS 4.0. In April 2011 angry parents sued Apple for allegedly
making it too easy for children to access their parent's iDevices
and make unauthorized purchases.
In response to the suit, Apple is looking to create a $23M USD settlement fund. The settlements will only apply to certain apps, and plaintiffs will have to fill out some paperwork.
Judge Edward Davila
for the Northern California district court (where the case is being tried) expressed concern for the difficulty in obtaining a settlement, commenting, "It seems like you're asking the plaintiffs to do a lot. Apple has this information. They're in the best position to retrieve this information."
Parents sued Apple for making it too easy for children to make unauthorized in-app purchases.
[Image Source: Engadget]
Apple's lawyers countered, arguing that they were putting up a web app to make the settlement process less painful. Each unauthorized purchase will make the user eligible for a $5 USD refund as an iTunes gift card.
The company has modified iOS (via the iOS 4.3 update) in response to the suit. Originally, when you entered your password for in-app/App Store purchases, there would be large window in which you could freely make purchases without re-prompting for your password. That allowed some children to make large in-app purchases, even if they did not know their parent's credit card or iTunes password. Apple has since made the window for password timeout much shorter.
Nonetheless, there have been some
unfortunate recent incidents
, such as a 5-year-old from southwest England who spent $2,500 USD on his parents' credit card in unauthorized in-app purchases. The child did not have the password to the iPad. Apple has reportedly refunded the parent in the case.
SBNation [The Verge] [PDF]
"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes
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Gretchen Drew, President
Gretchen Drew is a photographer and traveler, with a deep appreciation for local foods and good coffee. Gretchen grew up in Fairbanks, Alaska, and she and her husband lived in a number of places across Cascadia before landing in Eugene. She holds a BA from The Evergreen State College and a Masters of Arts Administration from University of Oregon and currently works in strategic communications for University of Oregon. Previously, Gretchen worked for the City of Eugene's Cultural Services Division and for Oregon Contemporary Theatre. Gretchen seeks to champion neighborhoods and communities by advocating for and supporting local artists and creators.
Maiya Becker, Vice President
Maiya Becker joined MECCA during 2012 when she became an ambassador for arts and culture through her "rain" as Eugene's 2012 S.L.U.G. Queen Sadie Slimy Stitches. Valuing reuse and art, Maiya has found a home at MECCA where she can put her enthusiasm to hard work. Outside of MECCA and slugs, Maiya is the head of The Eugene Knotty Knitters, a fiber arts group that creates yarn graffiti in Eugene and Springfield. Maiya also works with Lane Arts Council's resident artists for Recycled Art bringing environment and arts education to kids!
Heather LeCompte, Treasurer
Heather LeCompte is a third generation artist, following her mother and grandmother's footsteps. She grew up by the sea in California, and holds a BA in Anthropology from Humboldt State University. Heather currently works in education as an enrollment advisor for college students. She loves the whimsy of MECCA, and teaching the SELCO Saturday Kids Workshop is often the highlight of her weekend. As a fold artist and mixed media artist, Heather enjoys intermingling all types of recycled and reused materials in her work. Other passions include travel, hiking, rock climbing, and writing poetry. She is also an aspiring children's book writer and illustrator with big dreams of being published someday.
Katy Colburn, Secretary
Katy Colburn has a background in volunteer management and enjoys meeting new people. Currently, she works at the United way of Lane County as a Community Resource Specialist. Previously, she spent 2 years with Americorps before completing her Social Sciences BA at Washington State University where she concentrated in Sociology, Human Development, and Fine Art. Katy is passionate about working with people and making a difference in her community. She enjoys travel, reading, and knitting in her spare time.
Debra Grosella
Debra Grosella is originally from the suburbs of Philadelphia. She attended a couple of fancy art schools and lived in a couple of great places before making Eugene her home. She makes art out of anything she can get her hands on. Debra and her husband Adam own Oregon Microgrowers Guild where she also owns and bakes magical treats at Eat Half First, a medicinal cannabis bakery. When she is not changing peoples minds about cannabis, she can be found in the woods with Adam and with Elsa and Meatball, the greatest dogs in the world. Puurl the cat, and the chickens, unfortunately have to stay home.
Elizabeth Munroe
Elizabeth Munroe is an artist among artists. Both of her parents and all five of her daughters are artists. She currently creates her own private Idaho right here in Eugene by working in her basement studio, cooking vegan meals upstairs in the kitchen and sharing her foodie chef love with anyone who will taste it. Now that her kids are raising themselves she is indulging her Steampunk love by creating pieces that involve fictional Asian Steampunk history. She loves Oregon and giving back to her community through volunteer work.
Heather Campbell, Executive Director
Heather Campbell's previous posts include Festival Director at Bohemia Mining Days, Education Programs Assistant at the Museum of Natural and Cultural History, and Behavioral Assistant for Lane ESD. She is a board member for Lane County Cultural Coalition which grants funds to arts, heritage, and humanities projects throughout Lane County. She holds an MS in Arts Administration from the University of Oregon and an MA and BA in Humanities from Florida State University. She is passionate about creating community around the arts, creativity, and learning. In her free time, she can be found exploring the great outdoors with her husband and her labrador, and chasing butterflies with her four-year old, Annabelle.
Julia Von Holt, Materials Exchange Manager
Julia Von Holt identifies most as a maker and a student of life. Julia grew up in St. Louis, but fell in love with Oregon as she attended Reed College in Portland, where she graduated with a B.A. in Linguistics. Her dreams have led her many places: most recently as a Construction Crew Leader with Habitat for Humanity Philadelphia & AmeriCorps. She is thrilled to be joining the team at MECCA - interacting with creative minds & educators is what she's all about! Julia is passionate about design and education, and in her spare time you can find her in her kitchen cooking up a storm, dreaming up a home improvement project, or exploring the Pacific Northwest with her partner and two dogs.
Kat Witt, Education Coordinator
I was born and raised in a small town in Minnesota but found a home in Eugene. In 2003 I did an internship with MECCA as part of a program to help me achieve a high school diploma. Between 2003 and the present I have gone to school and begun to achieve a degree in the Arts. My personal growth was stunted by two spinal surgeries that I continue to heal from. I use this experience to help others find ways to enjoy the arts no matter their ability. Compassion and a creative mind can be unique tools when applied to the right problem. In 2014 I started a new Internship with MECCA that has evolved into a position that utilizes my unique skills and creativity.
Greta Steele, Warehouse and Recycling Coordinator
Greta was born and raised in Oregon and a USN Veteran who has been married for 25 years. A mother of two, Greta is a certified Lane County Master Recycler. A seasoned crafter who is very passionate about repurposing and inspiring people to repurpose items that would otherwise end up in landfills. Started volunteering at MECCA during the Summer of 2015, with the intention of gaining work references for future employment opportunities. But after a short time at MECCA and seeing all the wonderful materials being donated that were reusable and often times barely used or new, she realized she was already in the right place.
Creativity - Earth - Community


text:
Glenn McCoy by Glenn McCoy
- May 08, 2013
- From Beginning
- Previous feature
- Next feature
- Current
Comments (19) (Please sign in to comment)
The only thing transparent about this incompetent fake is his mom jean wedgie.
And his teleprompters. ;D
Press is doubling down on denial. Apparently no one wants to be the reporter that brought down the chosen one.
Obama's lap dog Media is shameless in their abandonment of Journalism.
"When FOX reports the stuff the propaganda ministry doesn't,the easily duped say that they made it up because they ain't been payin' attention."
I remember watching Fox news before Obama's inauguration. There were people protesting with signs and slogans. Common were images of Obama being the Joker from the Batman series, and Obama being Hitler. Another person was shown holding a poster with a photo of a pile of bodies that was taken during the Holocaust, and smiling. Smiling. Let that sink in.
And the Fox reporter's response as he went happily through the crowd?
"God BLESS these people!"
They report. I've decided. Not to trust them.
Issa will do his worst. He can be counted on for that. I will be very interested to wait to make a judgement when I am presented with facts. I recommend some posters do the same.
"Obama's lap dog Media is shameless in their abandonment of Journalism."
Odd, don't you think, since the media is overwhelmingly owned by right wingers ..?
The United States has the highest rate of first-day deaths in babies than any other industrialized nation, according to a report released this week by the humanitarian group Save the Children.
Oh, wait. THIS is the news Benghazi is supposed to distract us from. Sorry.
"The United States has the highest rate of first-day deaths in babies than any other industrialized nation…."
Do you think this might be a result of the "drive-through deliveries" that insurance companies insist on? No one can tell if a baby is jaundiced within the first couple hours of life, but it's time for mom and baby to go home now. Just one example.
And your point about Benghazi is equally important. Thanks. Unfortunately there are many other important issues. The national debt goes up $4 billion per day, and here we are on "verdict watch" for the Arias trial…..what a country.
^yes, he got bin ladin!
"so you admit the administration LIED about Bengazi."
No, I did not. This is exactly what I said:
I will be very interested to wait to make a judgement when I am presented with facts.
"I guess this is the first time I have to say that I don't believe you."
I'm sorry to have disappointed you. I'm not sure to what you're referring, and I will admit to sometimes venturing an opinion without having all the facts (most of us here have), but I have always tried to be forthright.
What happened – the BIG BENGHAZI PILE went ka-blowie!
Once you get Obama for protecting the integrity of an intelligence headquarters with a cover story after it was attacked, I assume you'll go after Bush for the 10 consulate attacks with 60 dead that occurred under his watch. Not to mention his lack of response to the CIA's warnings before 9/11. And the lies that got us into Iraq.
No, people are wondering why some people will believe anything they hear from Rushbo even if it is obviously fiction.
- Load the rest of the comments (4).
You must be signed in to make a comment.


text:
iPad Games
Sophy Adventures iPad Game Review: Hidden Object with a Twist
[app id="615340711″]
Sophy Adventures is a hidden object iPad game developed by Renatus Media LLC. Boasting a large cast and hand-drawn environments, Sophy Adventures is worth checking out if you love hidden object games.
Your goal is to help a young girl named Sophy to acquire the mysterious Chintamany stone. This wish-granting artifact could help Sophy reunite with her lost parents…if you can find it.
If you play a lot of "find the hidden object" games, you've probably noticed that many of these games are quite similar to each other. What makes Sophy Adventures so interesting to me is the way that it attempts to break the traditional hidden object mold with some interesting features.
One feature that Sophy Adventures boasts are timed hidden item hunts. Unlike other hidden object games where you can take your time, Sophy Adventures has timed item hunts, which makes things a bit more exciting. There's also a multiplayer mode, which I've never seen in any other hidden object game.
That's not to say that all these innovations guarantee a perfect game experience. There are some minor annoyances here and there. For a game with such an intriguing premise, it is really disappointing that there are some glaring grammatical errors in the in-game text.
The look of the game is okay. I appreciate that there are a lot of hand-drawn features, though the art style seems a little stale, a little less vibrant than many other entries in this genre.
The overall experience is still good enough to recommend, despite some flaws. There's a great globe-trotting element to this fun little title. From Venice to New York, Capetown to Australia, this hidden object game is quite the trip. If you like hidden object games, this is worth a peek.
Sophy Adventures is compatible with iPad. Requires iOS 6.0 or later.
2 Comments
Cool game!I like the design, so bright and shiny!!!for girls;)))
I like Sophy Adventures, especially timed hidden item hunts:) And design))) Very beautiful and interesting locations. Hope that the number of locations will increase. Does anyone know about their customer support? Is it on facebook fan page?


text:
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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August 6, 2009
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.C.S., DEFENDANT-APPELLANT.STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.T.F., DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 03-11-1412.
Submitted February 23, 2009
Before Judges Sabatino and Simonelli.
These back-to-back appeals involve the alleged abuse of A.S. (Andrew)*fn1 by defendants C.S., his father, and T.F., his mother. A grand jury indicted defendants for second-degree conspiracy, N.J.S.A. 2C:5-2 (count one); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a (count two); second-degree aggravated assault, N.J.S.A. 2C:12-1b (count three); third-degree aggravated assault, N.J.S.A. 2C:12-1b (count four) and fourth-degree unlawful possession of a large capacity ammunition magazine, N.J.S.A. 2C:39-3j (count five).
A jury acquitted defendants on count one, and acquitted T.F. on counts three and four. The jury convicted defendants of second-degree endangering the welfare of a child (count two); and fourth-degree unlawful possession of a large capacity ammunition magazine (count five). The jury also convicted C.S. of the lesser-included disorderly persons offense of simple assault, N.J.S.A. 2C:12-1a (count three); and third-degree aggravated assault (count four).
After denying C.S.'s motion for a new trial, the trial judge merged count three into count two and sentenced him to a six-year term of imprisonment with a three-year period of parole ineligibility on count two; to a concurrent three-year term of imprisonment with a one-year, six-month period of parole ineligibility on count four; and to a three-month term of imprisonment with no parole on count five. The judge also imposed the appropriate assessment, fine, and penalty.
The trial judge sentenced T.F. to a three-year term of imprisonment with no parole ineligibility on count two; and to a concurrent three-month term of imprisonment with no parole ineligibility on count five. The judge also imposed the appropriate assessments, fine, and penalty.
On appeal, defendants contend that the trial judge improperly charged the jury by not explaining the difference between endangering the welfare of a child and reasonable and excessive corporal punishment, and improperly failed to grant an adjournment to permit them to obtain and review records from the New Jersey Division of Youth and Family Services (DYFS). Defendants also challenge their sentences.
Separately, C.S. contends that the judge erred in failing to suppress his statement to a police officer taken in violation of his Miranda*fn2 rights, or alternatively, that he did not knowingly, intelligently, or voluntarily waive those rights. In a pro se supplemental brief, C.S. contends that:
The process was contaminated by (1) an unlicensed and unprincipled person serving as the prosecuting attorney; and (2) was rendered impossible by the errors of the trial court in (a) denying a motion to adjourn to afford adequate time to defense expert, Cook, and (b) denying a motion to all defendant opportunity to utilize his extensive preparation in psychology to, at least, educate the jury (indirectly by the manner in which he examined the state's soles witness, utilizing his experience as a doctoral level psychologist, with training in interviewing persons with psychological disabilities), all the while familiarizing the jury to the technical terms in the psychological reports and the implications of these terms for the issues before it.
Separately, T.F. contends that the judge erred in failing to charge accomplice liability, in failing to suppress her statements to DYFS taken in violation of her Miranda rights, or alternatively, that the judge improperly redacted the statement. We reject all of defendants' contentions and affirm.
We summarize the facts from the record. C.S. and T.F. married in 1991 but separated in October 2002. They are Andrew's biological parents and the biological parents of Andrew's younger brother, John. On August 16, 2003, Andrew told his older half-brother, Daniel,*fn3 that his C.S. and T.F. abused him; specifically, that they hit him with a belt or a stick when he acted up, made him sleep in the bathtub one or twice because he acted up, and made him crawl one time on all fours with a belt around his neck as a leash. On August 17, 2003, Daniel took Andrew to the Plainsboro Police Department to report the abuse.
According to Officer Scott Seitz, Andrew met with him and advised him in detail of the physical and psychological abuse his parents inflicted beginning at age three.*fn4 Seitz then contacted DYFS investigators Michael Fraser and Barbara Simmons and the Plainsboro Police Department juvenile detective, Steven Stryker to assist in the investigation. During their interview of Andrew, he told them about the abuse.
Seitz telephoned T.F., advised her that Andrew was at the police station and had made abuse allegations, and asked her to come to the police station. T.F. arrived at the station with C.S. Seitz and Stryker then advised C.S. that Andrew had made serious abuse allegations against him. C.S. left the station and later returned with T.F. Before leaving, C.S. asked Stryker about the law in New Jersey pertaining to punishing your child. When C.S. returned to the station, Seitz advised him of his Miranda rights, placed him under arrest for an unrelated outstanding traffic warrant, and placed him in the lock-up area.
Stryker testified that before interviewing C.S. in the lock-up area, he identified himself as a police officer, advised C.S. that he was going to face criminal charges and that the charges were "pretty severe." Stryker then read C.S. his Miranda rights in the presence of Sergeant Joseph Duffy. C.S. acknowledged that he understood and wrote English, and that he signed a Miranda card, indicating that he understood his rights.
Stryker also testified that he did not promise C.S. anything with respect to the interview, that he did not coerce or threaten C.S., that C.S. did not refuse to answer any questions and agreed to talk to him, that C.S. never asked to stop the questioning, and that C.S. never asked for an attorney during questioning. C.S. admitted using "hands-on" punishment with the Andrew, and using a web-type belt, a wooden stick, or a cane.*fn5 However, he denied hitting Andrew hard enough to cause any type of injury, or gagging Andrew to make him stop crying.
After Seitz arrested and removed C.S., Stryker explained to T.F. what was happening. When Stryker attempted to interview T.F., she requested that C.S. be present. After Stryker advised T.F. that this was not possible, T.F. replied that she did not want to speak with the detective without an attorney present. Stryker then said "okay, would you like to proceed with the [DYFS investigators], and... left the room[.]" T.F. agreed to proceed with the DYFS investigators. At this point, no decision had been made to file criminal charges against T.F. Stryker did not advise T.F. of her Miranda rights, and he did not know if Fraser or Simmons did so.
DYFS investigator Fraser indicated that during T.F.'s conversation with him and Simmons, referring to Andrew, T.F. said that "we have not beaten him recently." During a pre-trial conference, the State noted the potential problem with T.F.'s statement under Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed. 2d 476 (1968), and suggested that the judge redact the statement to read, "I have not beaten him recently."
After hearing testimony, the judge redacted the statement as requested.
C.S. gave a different version of his interaction with the police. He testified that after his arrest he asked five or six times to speak to an attorney, and that after these requests, a police officer*fn6 handed him "a piece of paper with some phraseology on it" and asked him whether he understood it. C.S. told the officer that he understood but wanted an attorney. The officer responded that C.S. had to sign the paper to indicate that he understood the writing on it. C.S. stated that he again requested an attorney.
C.S. also testified that he was able to read the paper and understood his rights before he signed it. He continued that he requested an attorney by name, and had no desire to waive his rights. C.S. denied making any statements regarding Andrew's allegations, and specifically denied stating that he implemented "hands-on" punishment, or used a belt or stick. C.S. stated that two officers continued asking him questions but he continued requesting an attorney until eventually being placed in a holding cell.
DYFS removed Andrew and placed him in a group home. Thereafter, Andrew wrote several notes, indicating his confusion about the case, and that he might have exaggerated to the police. In one note, Andrew said, "I deny everything I said about me and my parents abusing me." In the final note Andrew said, "To whom it may concern, the reason I am telling the truth finally because I realize that what I done is wrong, that I am harming many people. I lied because I wanted to live with my grandparents. I deny everything I said about abuse."
At trial, Andrew testified that the notes were untrue. He explained that he wrote them because he did not want his parents to go to jail or get into trouble, and because he disliked where he lived and wanted to go home to his family. He also denied exaggerating to the police, and he insisted that what he told the police was true and that he was telling the truth at trial.
Andrew also testified that the abuse occurred in Plainsboro when he was three years old and it continued until he was twelve. The majority of the time C.S. hit him but T.F. would sometimes hit him as well. When C.S. hit him with a stick or belt, it would be over ten times across his back. The belt was a thick and black, similar to a weight lifting belt; and the stick was one that is typically used to keep windows open. Andrew continued that C.S. used the belt when he did something "not so bad," and used the stick when he did something "really bad[.]"
Andrew also testified that one time, when he was three years old, C.S. hit him in the nose, causing his face to swell and bleed. When he yelled, C.S. poured water on his face so that he could not open his mouth. Andrew continued that when he started to yell other times, C.S. placed a t-shirt in his mouth. Andrew also testified that twice he had to sleep in the bathtub with only a blanket, once for not taking a shower and once because he "mooned" his brother; and that once C.S. made him crawl around on all fours with a belt around his neck like a leash because "[C.S.] said if I acted like an animal I would be treated like an animal[.]"
Andrew further testified that T.F. hit him with a slipper, and one time hit him in the face with the metal end of a belt. He continued that T.F. was present when C.S. would hit him. Andrew testified that if he acted up or did poorly in school, he had to stand in the corner for a day or two, he would not be allowed to eat until the second day, and he had to use a cup to urinate because he was not allowed to go to the bathroom. Finally, Andrew testified that after being hit his back would swell, that he would have black marks, and that C.S. would not let him go to school the day after being hit.
On cross-examination Andrew admitted telling Dr. Gerald Cook, a forensic psychologist, that he lied all the time when he was younger. He also admitted that during the 2002-2003 school year, the school year following his parents' separation, he "was always getting into trouble[]" and would lie to try to get out of trouble. Andrew stated that he was not happy moving back to Plainsboro with his mother in 2003 because he would have to help with John. Finally, Andrew told the doctor that he once accused a gym teacher of punching him, and once accused a lunchroom worker of grabbing his shirt and choking him.
We first address defendants' contention that the trial judge denied them the right to a fair trial by denying their request to adjourn the trial for two weeks.
"The granting of trial adjournments rests within the sound discretion of the trial court. Absent an abuse of discretion, denial of a request for an adjournment does not constitute reversible error." State v. D'Orsi, 113 N.J. Super. 527, 532 (App. Div. 1970) (quoting State v. Smith, 87 N.J. Super. 98, 105 (App. Div. 1965)), certif. denied, 58 N.J. 335 (1971); see also State v. Bellamy, 329 N.J. Super. 371, 378 (App. Div. 2000). An abuse of discretion only arises on demonstration of "manifest error or injustice." Hisenaj v. Kuehner, 194 N.J. 6, 20 (2008) (citations omitted). An abuse of discretion occurs when the trial judge's "decision [was] made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis." United States v. Scurry, 193 N.J. 492, 504 (2008) (citations omitted). Further, a defendant must demonstrate prejudice. State v. Middleton, 299 N.J. Super. 22, 33-34 (App. Div. 1997); State in Interest of D.P, 232 N.J. Super. 8, 20 (App. Div. 1989); D'Orsi, supra, 113 N.J. Super. at 532-33. Applying these standards, we continue our analysis.
In November 2003, C.S. filed a motion, seeking an order compelling DYFS to turn over all of its records in this matter. On January 26, 2004, the court entered an order granting the motion and compelling DYFS to produce the documents to the court within ten days.
In the meantime, defendants retained Dr. Cook as a potential defense witness to evaluate Andrew. The doctor evaluated Andrew and prepared a report in time for the scheduled trial date of February 15, 2005. The trial was adjourned to May 10, 2005. In March 2005, DYFS finally produced the documents to the court. In April 2005, the trial judge submitted certain DYFS documents to defense counsel, who then submitted them to Dr. Cook on May 5, 2005. However, the doctor was on vacation until May 16, 2005.
On May 6, 2005, four days before the trial, and again on May 10, 2005, C.S.'s attorney requested a two-week adjournment.*fn7
Counsel argued that Andrew's credibility was "very much at issue." Counsel represented that Dr. Cook needed time to review DYFS's psychological records, which "raise a lot of issues [relating] to [Andrew's] development, his ability to appreciate truthfulness from untruthfulness," and which indicate that the child "admitted to lying a lot... when he was younger, and there is what appears to be a lot of psychological evidence that goes right to this issue[.]" The trial judge denied the request, stating "[o]nly now am I learning that it was the defense's position they wanted to have Doctor Cook review all of the material that the Court permitted disclosed as to which the Court permitted disclosure, after [its] review of these [DYFS] records."
C.S. contends that he demonstrated prejudice in his inability to present a viable defense. He argues that because the entire case centered on Andrew's credibility, his only viable defense was to establish that the jury should not believe the child's testimony. He concludes that Dr. Cook had to examine all of DYFS's records in order to form an opinion about Andrew's psychological make-up, which shows that the child has a propensity to lie.
T.F. argues that defendants retained Dr. Cook "to help explain a possible defense that [Andrew] had concocted the allegations as a product of his own mental and emotional disturbance." Therefore, Dr. Cook had to review DYFS's records to determine how they would impact his expert opinion.
Defendants rely on State v. Bellamy, 329 N.J. Super. 371 (App. Div. 2000) and State v. Middleton, 299 N.J. Super. 22 (App. Div. 1997)). However, these cases are distinguishable. In Bellamy, supra, 239 N.J. Super. at 374-75, a co-defendant, and State's witness, changed his version of the facts on the day before trial to include a potential material witness of which neither the State nor the defendant were aware. We found that the denial of defendant's motion to adjourn the trial constituted an abuse of discretion because the defendant was forced to go to trial "against material facts extremely detrimental to him, with no opportunity to investigate." Id. at 376.
In Middleton, supra, 299 N.J. Super. at 27, we permitted the State to amend the indictment midway through jury selection to state that the offense occurred on a different day. Trial began the next day and defense counsel filed a motion for an adjournment because defendant had an alibi for the new date and time. Ibid. The State joined in the motion, seeking to investigate the newly claimed alibi. Ibid. The judge denied the adjournment, stating that defense counsel could interview the new witnesses during a break. Id. at 28. The case proceeded, and the State's first witness testified that the indictment still indicated the wrong time. Ibid. Defendant claimed to have an alibi for this time as well, and defense counsel again requested an adjournment, which was denied. Id. at 28-29. We found that the trial judge's refusal to grant an adjournment prejudiced defendant because it prevented him from presenting his alibi defense. Id. at 34.
Here, defendants were not prejudiced by the denial of an adjournment. Defendants offered Dr. Cook to attack Andrew's credibility by opining that the child had a propensity to lie as the result of his psychological make-up. However, an expert cannot opine about the credibility of another witness. State v. Vandeweaghe, 177 N.J. 229, 238 (2003). In Vandeweaghe, a State's expert testified that the defendant suffered from an "antisocial personality," and "that a person with an antisocial personality 'has a longstanding history of being able to lie and to lie successfully.'" Id. at 236. Our Supreme Court noted that that this expert improperly "'told the jury, in effect, that defendant was a liar' and that defendant had a 'longstanding history of lying.'" Id. at 239 (citation omitted). The Court held that such testimony "impermissibly usurped the jury's exclusive role in assessing [a] witness'[s] credibility[,]" and should not have been allowed. Ibid. (citing State v. Frisby, 174 N.J. 583, 595 (2002)). "'There is simply no scientific foundation for an expert's evaluation of the credibility of a witness or the conclusion that a psychologist or other social scientist has some particular ability to ferret out truthful from deceitful testimony.'" State v. Papasavvas, 163 N.J. 565, 613 (2000) (quoting State v. J.Q., 252 N.J. Super. 11, 40 (App. Div. 1991), aff'd, 130 N.J. 554 (1993)).
Because Dr. Cook could not properly opine to the jury about Andrew's credibility, no prejudice occurred. Accordingly, the denial of defendants' adjournment request was proper.
Defendants contend for the first time on appeal that the trial judge erred in failing to tailor the jury charges to the facts of this case to include an explanation of the forms of corporal punishment. We disagree.
Proper jury instructions are essential to a fair trial. State v. Green, 86 N.J. 281, 287 (1981). As most lay people do not understand legal jargon, the court must give the jury "a comprehensive explanation of the questions that the jury must determine, including the law of the case applicable to the facts that the jury may find." Id. at 287-88. The jury charge should include instruction on all "essential and fundamental issues and those dealing with substantially material points." Id. at 290. In assessing the propriety of the jury charge, an appellate court examines the entire charge to see whether it was ambiguous or misleading or whether it misinformed the jury of the law. State v. R.B., 183 N.J. 308, 324 (2005).
"The absence of an objection suggests that trial counsel perceived no error or prejudice, and, in any event, prevented the trial judge from remedying any possible confusion in a timely fashion." Bradford v. Kupper Associates, 283 N.J. Super. 556, 573-74 (App. Div. 1995), certif. denied, 144 N.J. 586 (1999). Therefore, a showing of plain error must occur when the defendant claims error on appeal, but did not object to the charge below. R. 1:7-2. Plain error is an error that is "clearly capable of producing an unjust result." R. 2:10-2. In order to reverse, we must find that this "capability" is "sufficient to raise a reasonable doubt as to whether the error led the jury to a result it otherwise might not have reached." State v. Macon, 57 N.J. 325, 336 (1971).
C.S. contends that a major issue in this case was whether his actions constituted abuse or acceptable corporal punishment. Therefore, the jury should have been instructed on both endangering the welfare of a child and corporal punishment.
T.F. argues that not all forms of corporal punishment constitute endangering the welfare of a child, and therefore, the judge should have explained to the jury "that only excessive corporal punishment that unreasonably inflicts harm on a child constitutes endangerment." T.F. acknowledges that the model jury charge for endangering the welfare of a child does not contain an explanation of the difference between reasonable and excessive corporal punishment, but submits that this case required the judge to do so. T.F. concludes that we approved such a jury charge in State v. T.C., 347 N.J. Super. 219 (App. Div. 2002), certif. denied, 177 N.J. 222 (2003), and that the judge's failure to provide such instructions was clearly capable of producing an unjust result.
T.F. further argues that the State's evidence was not overwhelming. She claims that defendants admitted to physically disciplining their son, but denied the child's abuse allegations. T.F. concludes that the jury could have rejected the allegations of abuse and found that defendants' actions constituted corporal punishment; therefore, the judge should have explained "that only excessive corporal punishment that unreasonably inflicts harm on a child constitutes endangerment[.]"
"[T]here is no principle requiring that in every case a court must deliver a specifically tailored instruction relating the facts of the case to the applicable law." T.C., supra, 347 N.J. Super. at 240. A specifically tailored instruction is only required if "necessary to avoid confusion or misunderstanding, or when the facts and legal concepts are complex and require such treatment." Ibid.
When charging a defendant under N.J.S.A. 2C:24-4a, the court does not have to provide the jury with an explanation of the difference between reasonable and excessive corporal punishment. See Model Jury Charge (Criminal), Endangering the Welfare of a Child, Second Degree (revised 11/10/03). However, the court must provide a definition of "abused or neglected child" that is in accordance with N.J.S.A. 9:6-1 and N.J.S.A. 9:6-8.21. Ibid. The judge may quote from and paraphrase these provisions. T.C., supra, 347 N.J. Super. at 239.
N.J.S.A. 9:6-8.21c defines "[a]bused or neglected child" as anyone younger than eighteen years of age whose parent:
(1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment; or by any other acts of a similarly serious nature requiring the aid of the court; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; (7) or a child who is in an institution and (a) has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the child's mental or physical well-being or (b) who has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused or neglected pursuant to paragraph (7) of subsection c. of this section if the acts or omissions described therein occur in a day school as defined in this section No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for this reason alone be considered to be abused or neglected.
Here, the judge instructed the jury on endangering the welfare of a child as follows:
This indictment is based on a statute which reads as follows.
Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child is guilty of a crime.
For a defendant to be guilty of [endangering the welfare of a child] the State must prove beyond a reasonable doubt the following elements[: F]irst, that [Andrew] was a child prior to August of 2003.
Second, that a particular defendant knowingly caused [Andrew] harm that would make him abused or neglected.
Third, that he or she knew that such conduct would cause [Andrew] harm that would make him abused or neglected; and [F]ourth, that he or she had a legal duty for [Andrew's] care.
The judge then explained each of the four elements in detail. In explaining the second element the judge stated:
What does it mean to be an abused child?
An abused child is a person less than eighteen years [of] age upon whom someone responsible for the care for that child, either inflicts physical injury by other than accidental means, which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted loss or impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ, or who creates a substantial or ongoing risk of physical [in]jury by other than accidental means which would be likely to cause death or serious or protracted disfigurement or protracted loss or impairment of the function of any bodily organ.
An abused or neglected child is also a child whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of someone who is responsible for his care failing to exercise a minimum degree of care in providing the child with proper supervision and guardianship, by unreasonably inflicting harm, or substantial risk thereof on the child. Harm need not be physical. Harm my be inferred. You may reach a logical conclusion that harm exists from the kind of abuse or neglect shown by the evidence; but an abused, but the evidence must conform to the above requirements that I read to you.
In other words, even though it doesn't have to be physical in nature alone it has to create a substantial risk of death or serious or protracted disfigurement or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ.
The charge given follows the model jury charge for endangering the welfare of a child. The judge explained in great detail, and in lay terms, each element of the charge and the State's burden of proof. The judge also emphasized important words and phrases of each element and properly paraphrased what constitutes an abused or neglected child, which is in accordance with N.J.S.A. 9:6-8.21(c). T.C., supra, 347 N.J. Super. at 239.
Further, the facts and legal issues in this case were not so confusing as to require a fact specific charge of excessive versus reasonable corporal punishment. Andrew's allegations were quite severe and clearly fell within the judge's description of what constitutes endangering the welfare of a child. Defendants have not shown that the exclusion of the additional language they now seek was clearly capable of producing an unjust result.
T.F. contends for the first time on appeal that the judge erred by failing to give an accomplice liability charge. She argues that because Andrew almost exclusively accused C.S. of the actual abuse, the trial judge should have explained to the jury that she could only be accountable for C.S.'s acts if she shared the same mental purpose as him. T.F. submits that the judge's failure to charge this allowed "the jury to decide the case against both defendants in bulk[,]" without properly assessing the proofs against each defendant independently. T.F.'s contention lacks merit.
The judge instructed the jury that a person commits endangering if he or she "causes harm that would make the child an abused or neglected child." He explained that "an abused child" is one upon whom has been inflicted physical injury by other that accidental means, by "someone responsible for the care of that child," or by someone "who creates a substantial or ongoing risk of physical [in]jury other than by accidental means." The judge further explained that "[a]n abused or neglected child is also a child whose physical, mental or emotional condition has been impaired... as a result of someone who is responsible for his care failing to exercise a minimum degree of care in providing the child with proper supervision and guardianship."
"[A] guardian fails to exercise a minimum degree of care when he or she is aware of the dangers inherent in a situation and fails adequately to supervise the child or recklessly creates a risk of serious injury to that child." G.S. v. Dep't of Human Servs., 157 N.J. 161, 181 (1999). In G.S., the court continued that:
[w]hether a parent or guardian has failed to exercise a minimum degree of care is to be analyzed in light of the dangers and risks associated with the situation. We recognize that a variety of factual scenarios can give rise to the finding that a guardian has failed to exercise a minimum degree of care, and do not attempt to describe them. We simply remind DYFS and the courts that the inquiry should focus on the harm to the child and whether that harm could have been prevented had the guardian performed some act to remedy the situation or remove the danger. [Id. at 181-82.]
These instructions permitted the jury to find T.F. guilty of endangering the welfare of a child if it found that she either directly inflicted physical abuse on Andrew, or that she failed to prevent C.S. from doing so. Reviewing the jury charge in its entirety, we are satisfied that the judge conveyed this to the jury in a clear manner. There was no need for an accomplice liability charge. Accordingly, no error, let alone plain error, occurred.
C.S. contends that the judge erred in failing to suppress his statements to Stryker taken in violation of Miranda, or alternatively, in failing to find that he did not knowingly or intelligently waive those rights. C.S. argues that although this issue turns on credibility, it is undisputed that he only signed a Miranda card, which states that the police read him his rights, but never signed a written waiver of his rights.
Following the Miranda hearing, the judge agreed that the Miranda card C.S. signed stated the Miranda rights but did not contain any waiver language. However, the judge did not find this dispositive of the waiver issue. Rather, the judge found C.S. to be a highly educated*fn8 man who speaks, reads, and understands English, and that C.S.'s signature on the Miranda card indicated that he understood his rights, that his continuing to answer questions following that signature "reflect[ed] a waiver of the Miranda requirements, and that C.S. was endeavoring to cooperate fully with the police. The judge also found Stryker's testimony more credible than C.S.'s testimony, and that the detective's recollection of C.S.'s answers was not questionable.
Our review of a trial judge's findings is "exceedingly narrow." State v. Locurto, 157 N.J. 463, 470 (1999) (citing State v. Johnson, 42 N.J. 146, 161-62 (1964)). We give great deference to the trial judge's factual findings and will not "engage in an independent assessment of the evidence as if [we] were the court of first instance." Id. at 471. We also give deference to the trial judge's credibility determinations. Id. at 474; Johnson, supra, 42 N.J. at 161. In reviewing a motion to suppress, we "must uphold the factual findings underlying the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" State v. Elders, 192 N.J. 224, 243 (2007) (quoting Locurto, supra, 157 N.J. at 474); State v. Alvarez, 238 N.J. Super. 560, 562-64 (App. Div. 1990). We will reverse only if we are convinced that the trial judge's factual findings are "so clearly mistaken 'that the interests of justice demand intervention and correction.'" Id. at 244 (quoting Johnson, supra, 42 N.J. at 162.) "In those circumstances solely [we] 'appraise the record as if [we] were deciding the matter at inception and make [our] own findings and conclusions.'" Ibid. (quoting Johnson, supra, 42 N.J. at 162).
Any person subject to custodial interrogation "must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed[,]" before any questioning begins. Miranda, supra, 384 U.S. at 444, 86 S.Ct. at 1612, 16 L.Ed. 2d at 706. "The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly, and intelligently." Id. at 444, 86 S.Ct. 1612, 16 L.Ed. 2d 707. The State has the "heavy burden" of proving that any waiver was made voluntarily, intelligently and knowingly. State v. Hartley, 103 N.J. 252, 260 (1986). This question "must be determined on 'the particular facts and circumstances surrounding that case[.]'" North Carolina v. Butler, 441 U.S. 369, 374, 99 S.Ct. 1755, 1758, 60 L.Ed. 2d 286, 293 (1979) (citations omitted).
The Miranda waiver does not have to be written. State v. Warmbrun, 277 N.J. Super. 51, 62-63 (App. Div. 1994), certif. denied, 140 N.J. 277 (1995). "Any clear manifestation of a desire to waive is sufficient." State v. Kremens, 52 N.J. 303, 311 (1968). "The test is the showing of a knowing intent, not the utterance of a shibboleth. The criterion is not solely the language employed but a combination of that articulation and the surrounding facts and circumstances." Ibid.
Here, C.S. signed a Miranda card, indicating that he read and understood his rights. He never requested an attorney or refused to speak to the police. As the judge noted, C.S. is a highly educated man, who could read and understand English. He cannot point to anything in the record indicating that he did not understand his rights. C.S.'s voluntary responses to Stryker's questions indicate a desire to waive his Miranda rights and to cooperate with the investigation. Given the judge's credibility findings, the totality of the circumstances supports the conclusion that C.S. received his Miranda rights and voluntarily and knowingly waived them.
T.F. contends that the judge erred in failing to suppress her statement to the DYFS investigator that "we have not beaten him recently" because it was taken in violation of her Miranda rights. She argued that she was entitled to a Miranda warning during her conversation with the DYFS investigators because she was "in custody" or perceived herself to be in custody.
The judge disagreed, stating that one is not automatically in police custody simply because he or she is in the police station. He defined custody as a situation "where police conduct constitutes the functional equivalent of a formal arrest based on an objective evaluation of the totality of the circumstances." The judge found that the circumstances of this case did not indicate that T.F. "was subject to the functional equivalent of an arrest." He also noted that T.F. made her statements to Fraser. The judge concluded that although T.F.'s statement occurred in a police station, nothing suggested that the police had charged her or advised her that she was facing charges. Further, the police treated T.F. much differently than they treated C.S.
As stated supra, any person subject to custodial interrogation "must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed[,]" before any questioning begins. Miranda, supra, 384 U.S. at 444, 86 S.Ct. at 1612, 16 L.Ed. 2d at 706. One does not need to be formally arrested or questioned in a police station to be in "custody." State v. Coburn, 221 N.J. Super. 586, 595 (App. Div. 1987), certif. denied, 110 N.J. 300 (1988). For custody to exist the court must determine whether the "action of the interrogating officers and the surrounding circumstances, fairly construed, would reasonably lead a detainee to believe he could not leave freely." Id. at 596 (citing State v. Godfrey, 131 N.J. Super. 168, 176 n.1 (App. Div. 1974), aff'd, 67 N.J. 267 (1975)). When viewing the totality of the circumstances, courts should consider the length of the interrogation, the time and place of the interrogation, the nature of the questions, the conduct of the police, the status of the interrogator, the status of the detainee, and any other relevant factors. State v. P.Z., 152 N.J. 86, 103 (1997); State v. Milledge, 386 N.J. Super. 233, 244 (App. Div.), certif. denied, 185 N.J. 355 (2006); State v. Choinacki, 324 N.J. Super. 19, 44 (App. Div.), certif. denied, 162 N.J. 197 (1999). The investigating officer's subjective intent is only relevant if he or she discloses it to the detainee and it would affect the reasonable person's belief regarding freedom of action. Stansbury v. California, 511 U.S. 318, 325, 114 S.Ct. 1526, 1530, 128 L.Ed. 2d 293, 300 (1994).
If a detainee is in custody at the time of an interview, "'any indication of a desire for counsel, however ambiguous, will trigger entitlement to counsel.'" P.Z., supra, 152 N.J. at 105 (quoting State v. Reed, 133 N.J. 237, 253 (1993)). However, when a detainee is not in custody, although he or she is free to remain silent or insist upon having a lawyer present, this does not constitute an invocation of those rights and the interview does not have to stop. Ibid.
The totality of the circumstances here indicates that T.F. was not in custody during her conversation with the DYFS investigators, nor could she have perceived herself in custody. T.F. voluntarily came to the police station and was free to leave at any time as she was not handcuffed, detained, or charged with any crime. Also, DYFS conducted the interview outside the police's presence, T.F. voluntarily spoke to the investigators, and she left after the conversation ended.
Further, a DYFS worker can be required to advise a detainee of his or her Miranda rights during a custodial interrogation only in very limited situations. State v. Helewa, 223 N.J. Super. 40, 47 (App. Div. 1988). In Helewa, the detainee had already been arrested by police, and had been confined at the Middlesex County Adult Corrections Center for over a day when the interview occurred. Id. at 42-43. We found that under these specific facts, the DYFS worker had to read the detainee his Miranda rights. Id. at 50. These facts do not exist here.*fn9
Alternatively, T.F. contends that the judge erred in redacting her statement to the DYFS investigators. We disagree.
Referring to Andrew, T.F. stated to Fraser that "we have not beaten him recently." The judge changed the statement to read, "I have not beaten him recently." T.F. admits that the original statement posed constitutional problems, and warranted some protective action. However, she argues that she was unfairly prejudiced by the change because most of Andrew's allegations were against C.S. T.F. submits that the original version at least implicated C.S., however, the modified version suggests that T.F. admitted to being the primary abuser. T.F. concludes that the redaction requires a dismissal of her conviction because the State relied on this statement in obtaining her conviction.
When a defendant makes a statement which implicates a co-defendant, the trial court must limit the admissibility of the statement so that the statement is either not used at trial, or redacted in a way that the co-defendant is no longer implicated. Bruton, supra, 391 U.S. at 133-34, 88 S.Ct. at 1626-27, 20 L.Ed. 2d at 483-84. Additionally, "relevant evidence may be excluded if its probative value is substantially outweighed by the risk of undue prejudice, confusion of issues, or misleading the jury[.]" N.J.R.E. 403.
Here, there was no error in the redaction. By removing C.S. from the statement, the judge did not change its meaning. Changing the "we" to "I" did not suggest that T.F. admitted being the primary abuser; it maintained the meaning that T.F. denied having beaten her child recently. Therefore, the redaction was proper.
We now address defendants' sentences. C.S. only challenges the judge's finding of aggravating factor N.J.S.A. 2C:44-1a(1) (the nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner).*fn10 He contends that the judge failed to state why he found this aggravating factor.
T.F. challenges the judge's finding of aggravating factors N.J.S.A. 2C:44-1a(2) (the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance), and N.J.S.A. 2C:44-1a(4) (a lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30, or the defendant took advantage of a position of trust or confidence to commit the offense). She contends that these factors were already part and parcel of the endangerment crime, and thus, finding them constituted impermissible double counting.
T.F. also challenges aggravating factor N.J.S.A. 2C:44-1a(9) (the need for deterring the defendant and others from violating the law). She contends that this aggravating factor was not supported by the record and conflicts with the judge's finding of mitigating factor N.J.S.A. 2C:44-1b(8) (the defendant's conduct was the result of circumstances unlikely to recur).
We review a judge's sentencing decision under an abuse of discretion standard. State v. Pierce, 188 N.J. 155, 166 (2006); State v. Roth, 95 N.J. 334, 364-66 (1984). When reviewing a judge's sentencing decision, we "may not substitute [our] judgment for that of the trial court[.]" State v. Johnson, 118 N.J. 10, 15 (1990) (citing State v. O'Donnell, 117 N.J. 210, 215 (1989)). However, we may review and modify a sentence when the judge's determination was "clearly mistaken." State v. Jabbour, 118 N.J. 1, 6 (1990) (quoting State v. Jarbath, 114 N.J. 394, 401 (1989)). In determining the propriety of a sentence, we must make sure that sentencing guidelines were not violated, determine that findings on aggravating and mitigating factors are based on the evidence, and decide whether application of the guidelines make a particular sentence clearly unreasonable that it shocks the judicial conscience. Roth, supra, 95 N.J. at 364-65; O'Donnell, supra, 117 N.J. at 215.
As to C.S., at sentencing, the prosecutor reminded the judge of Andrew's trial testimony about the nature and extent of the severe abuse to which he was subjected. Although the judge did not explicitly find thatC.S. committed the abuse in an especially heinous, cruel, or depraved manner, such a finding is clearly supported by the record.
Further, the range for a second-degree crime is five to ten years. The judge sentenced C.S. to six years, well within the statutory range for a second-degree crime. Accordingly, we discern no reason to disturb C.S.'s sentence.
As to T.F., the State agrees that the judge should not have found aggravating factor N.J.S.A. 2C:44-1a(4). See State v. Miller, 108 N.J. 112, 118-19 (1987). However, the State argues that T.F.'s actions justified the sentence, that T.F. received the shortest possible sentence for a second-degree crime, and that the sentence was not excessive given the circumstances. We agree.
T.F. was convicted of a second-degree crime, and with that comes the presumption of incarceration. See N.J.S.A. 2C:44-1d. The judge properly determined that T.F. did not demonstrate that her incarceration would be such an injustice as to override the need to deter others from allowing child abuse to occur. Additionally, the judge sentenced T.F. to the minimum sentence for a third-degree conviction. N.J.S.A. 2C:43-6a(3). There is nothing in the record to suggest that T.F.'s sentence is excessive.
C.S.'s remaining contentions raised for the first time in his pro se supplemental brief are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). However, we add the following comments.
In his pro se supplemental brief, C.S. sets forth several reasons why his conviction should be reversed: (1) the assistant prosecutor who tried his case was "unlicensed" to practice law in New Jersey at the time of the trial; (2) that the State did not comply with a discovery order, but instead delivered a portion of the requested documents on the eve of trial; (3) due an encounter he had with T.F. and Andrew in the courthouse on May 12, 2005, Andrew changed his allegations to focus almost entirely on C.S. while reducing the allegations against T.F., and the State orchestrated this encounter and intended for its results; (4) the State knew or should have known that Andrew "was incapable of generating credible testimony due to mental disease," and that the State removed evidence of this disease from the discovery record; and (5) the State advised the judge during sentencing, that he was a flight risk because he had friends in Virginia, which was false.
Contentions (2), (3) and (4) have no factual support in the record; and contention (5) relates to the prosecutor's statement at a bail hearing, not at sentencing, that C.S. was a flight risk.
As to contention (1), it is true that the assistant prosecutor involved in this case was temporarily ineligible to practice law from September 19, 2004 to October 12, 2005 for failure to comply with R. 1:20-1/1:28-2, the Client Security Fund annual registration and fee requirement. The trial court considered this issue and found no authority guaranteeing a defendant the right to be prosecuted by an eligible prosecutor, or overturning a conviction because the prosecuting attorney was ineligible to practice law at the time of trial due to her failure to contribute to the Client Security Fund. The judge analogized this case to State v. Green, 274 N.J. Super. 15 (App. Div.), certif. denied, 137 N.J. 312 (1994), where we stated that a criminal conviction "should not be annulled merely because the defendant was represented by an attorney whose license was suspended for financial reasons[]" and where the defense attorney was ineligible to practice law at the time of defendant's trial pursuant to R. 1:28. Id. at 25-28.
The judge continued that Rule 1:28 distinguishes between ineligibility and license revocation, and explained that R. 1:28-1(a) states that the purpose of this rule "is reimbursement of losses caused by dishonest lawyers." The judge concluded that: the purpose of declaring a noncompliant attorney ineligible to practice is to promote compliance with the payment of these fees to protect clients who have been in a fiduciary relationship with an attorney and who has lost or been defrauded and not in any way, shape or form to indicate that an attorney who has not paid the fee cannot practice or in some way does not or no long has a license to practice. These particular rule[s] are merely regulatory, and violations of them do not equate the violations of due process or fundamental fairness, but rather, they amount to an ethical violation, which... should be handled by the [Office of Attorney Ethics] as they see fit.
Although we do not condone an attorney's failure to comply in a timely manner with the annual Client Security Fund requirement, we agree with the judge that C.S.'s conviction should not be overturned for this reason. The prosecutor's temporary oversight of this administrative item had no bearing upon her integrity or upon the manner in which the case was prosecuted.
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Beautiful 17+ acre site Agricultural A-1 zoning with hundreds of pine trees, 6 stall barn with water and electric, outside horse arena, swimming pool and amazing views. Possible uses include subdivision, Ministry Center, Church, School site or scrape and build your own custom home. Located 2 minutes from Parker yet secluded in the trees with abundant wildlife.


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Relais Todini, Todi
- Free buffet breakfast, free WiFi, and free parking
Main amenities
- 12 guestrooms
- Winery
- Restaurant and bar/lounge
- Outdoor pool
- Fitness center
- Massage/treatment rooms
- Business center
- Airport shuttle
- 24-hour front desk
- Coffee/tea in a common area
- Air conditioning
- Daily housekeeping
What's around
- Santuario dell'Amore Misericordioso di Madre Speranza (1.4 mi / 2.2 km)
- Santa Maria della Consolazione (8.1 mi / 13 km)
- Foresta Fossile di Dunarobba (8.7 mi / 14 km)
- Church of San Fortunato (8.7 mi / 14 km)
- Captain's Palace (8.8 mi / 14.1 km)
Relais Todini, Todi
Hotel Info: 866-539-8117from $97
- Superior Double Room
- Classic Double Room
- Suite
- Superior Suite
More great choices
At a glance
Key facts
Hotel size
- This hotel has 12 rooms
- This hotel is arranged over 3 floors
- Check-in time 3 PM-11 PM
- Check-out time is 11:30 AM
- Express check-in/out
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- Pets allowed *
- Specific rooms only *
- Up to 25 kg
- Free WiFi in public areas
- Free WiFi in rooms
- Airport shuttle (available on request) *
- Free self parking
Nearby One Star Todi hotels
In the hotel
- Free buffet breakfast
- Restaurant
- Bar/lounge
- 24-hour room service
- Coffee/tea in a common area
- Outdoor seasonal pool
- Outdoor pool
- Fitness facilities
- Tennis on site
- Spa treatment room(s)
- Spa tub
- Mountain biking on site
- Bicycle rentals nearby
- Golf lessons available nearby
- Golfing nearby
- Rafting nearby
- Scooter/moped rentals nearby
- Segway rental/tour nearby
- Winery attached
- Steam room
- Business center
- One meeting room
- 24-hour front desk
- Laundry facilities
- Free newspapers in lobby
- Luggage storage
- Wedding services
- Multilingual staff
- Number of buildings/towers - 1
- Safe-deposit box at front desk
- Garden
- Television in common areas
- Accessible bathroom
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Minibar
- Bathrobes
- In-room massage available
- Private bathroom
- Shower only
- Bidet
- Designer toiletries
- Hair dryer
- Flat-screen TV
- Satellite TV channels
- Desk
- Free newspaper
- Free WiFi
- Daily housekeeping
- In-room safe
Top Todi hotels
Recently reviewed hotels in Todi
- Affittacamere ValentinaFrom
"Check-in and check-out was very easy. Valentina provided us with a delicious lunch recommendation. Thanks for a pleasant stay"Dec 5, 2016
- Grand Hotel ItaliaFrom
"We so enjoyed our stay at Hotel Grand Italia. It is a lovely hotel. Our room was exceptionally comfortable. The view from our little balcony was beautiful. It was quiet. The…"Nov 28, 2016
- Dei Priori HotelFrom
"The hotel staff was amazing! The room was fantastic, and the breakfast had the largest selection of food choices that I have ever seen on a hotel buffett."Nov 28, 2016
- Hotel CenacoloFrom
"Great location, very close to the train station and a bus stop right in front. Beautiful facilities and excellent service."Nov 25, 2016
Also popular with travelers from the USA
Special features
DiningL' Altro Relais - This fine-dining restaurant specializes in Italian cuisine and serves lunch and dinner. Reservations are required. Open select days.
On Site
- Fitness facilities
- Spa tub
- Steam room
- Tennis on site
- Mountain biking on site
- Bicycle rentals nearby
- Golf lessons available nearby
- Golfing nearby
- Rafting nearby
- Scooter/moped rentals nearby
- Segway rental/tour nearby
Relais Todini, Todi's small print
Also known as
- Relais House Todini
- Relais Todini
- Relais Todini Todi
- Relais Todini House
All guests, including children, must be present at check-in and show their government-issued photo ID card or passport.
Cash transactions at this property cannot exceed EUR 2999.99, due to national regulations. For further details, please contact the property using information in the booking confirmation.
Pet-friendly rooms can be requested by contacting the property at the number on the booking confirmation.
Children under 12 years old are not allowed in the spa without adult supervision.
Guests under 12 years old are not allowed in the spa.
For transfers, guests must contact the property before arrival at the number on the booking confirmation.
Reservations are required for massage services and spa treatments and can be made by contacting the property before arrival at the number on the booking confirmation.
Optional extras
The spa is accessible for EUR 20 per person, per night
Rollaway beds are available for an additional charge
Cribs/Infant beds are available for EUR 20 per day
Pets are allowed for an extra charge of EUR 30 per accommodation, per night (maximum EUR 50 per stay)
Airport shuttle service is offered for an extra charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Outstanding 4.7 /5 from 15 reviews
Relais Todini is a little out of the way, but it's worth the stay. The property is beautiful; it is in the midst of a winery and on top of a hill, so the vistas are wonderful. The staff is friendly, although it appears that there has been some turnover. The Restaurant, which is not owned by Todini, is owned by Chef John Paterson. John is a great guy and his kitchen is even better. The breakfast layout is beautiful and excellent. Dinners are out of this world. We are here two out of the three nights we were here. It would have been three, but the restaurant was closed Tuesday.
The bathroom was very small, but bed quite comfortable. The dining and breakfast rooms were beautiful and John the chef was very talented... Great dinners!
We had 2 nice days at this hotel. Nice pool, food was good, service occasionally slow, but staff very pleasant and accommodating. We would definitely stay again.
Fabulous - cannot rate this property highly enough. Gorgeous views, gorgeous food, friendly staff and a lovely pool - stunning. JWP
Located in beautiful grounds on a hill 8 Km from town the hotel affords an exceptional view of Todi & the stunning surrounding countryside. All the staff were friendly and helpful. Would definitely stay again.
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2009 Kirrihill Barton Springs Vineyard Sauvignon Blanc
Adelaide Hills, South Australia, AUSTRALIA
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- Cellar Drink Now - 1 years (2010-2011)
- Closure: Screw Cap
Bright pale straw colour with slight greenish tinge and water like hue. Aromas of gooseberry, lime and spice followed by vibrant palate flavours of gooseberry and citrus followed by a spicy back palate. Dry clean crisp finish with aftertaste of passionfruit and spice.
Drink over the next 12 months (2010-2011)
Alc 13.5%


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July 7 2010: New Tunes
The next album from The Thermals, Personal Life, will be out this fall. You can listen to the single "I Don't Believe You" officially released in August on Kill Rock Stars. Also check out tracks from The Hidden Cameras, Sally Shapiro and Sharon Van Etten.
You can download the following mp3s individually OR play them all in a row. Click on the artists at the right under Related Downloads to learn more about each band and see similar music suggestions.
The Thermals - "I Don't Believe You" {Kill Rock Stars} [ mp3 ]
The Hidden Cameras - "Mild Mannered Army" {Amnesty International} [ mp3 ]
Sally Shapiro - "Hello Goodbye" {Amnesty International} [ mp3 ]
Sharon Van Etten- "Love More" {Ba Da Bing} [ mp3 ]


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The Celtics are steadily climbing their way up A. Sherrod Blakely's NBA power rankings, but are they good enough to crack the Six Pack?
Red Sox 'not going to rush' moving pitching depth after acquiring Sale
Red Sox 'not going to rush' moving pitching depth after acquiring Sale
NATIONAL HARBOR, Md. -- The addition of Chris Sale to the Red Sox' rotation has created a rare glut of starting pitchers, including seven with major league experience.
That means that at least one will have to be moved in a trade. But Red Sox' president of baseball operations Dave Dombrowski isn't in any hurry.
"We're not aggressively looking to do something,'' he said. "We're really just digesting what's taken place. I think if we wanted to aggressively make a deal, we could definitely do that. But I don't really have a big hole on our major league club to address at this time.
"I think it's really important to gather all the info. Some teams have (starters) available; there are free agents out there. Our philosophy is kind of say, 'Let's just see what happens.' We're not going to rush out and do anything.''
That makes sense, especially since there's a very thin free agent market for starters, and many teams that need upgrades to their rotation.
Eventually, some are going to get desperate and may have to overpay. In that scenario, the Sox could really capitalize.
The starter the Sox would like to move the most is Clay Buchholz, if only because his salary ($13.5 million) is easily the highest among the three the Sox would be willing to part with. Steven Wright has yet to qualify for salary arbitration and Drew Pomeranz will get a bump from last year, but will still be under $5 million after arbitration.
Eduardo Rodriguez, meanwhile, almost certainly won't be dealt because of his youth and potential, though Dombrowski hinted that teams have checked on the availability of every starter except The Big Three of Sale, David Price and Rick Porcello "as well as guys who aren't (in the current major league picture like Brian Johnson, Henry Owens, and Roenis Elias).''
Depth in the rotation is always welcome, but the numbers are such that the Sox can't make the current group of seven starters work.
"You start counting,'' said Dombrowski, "and there's not enough spots for everybody on the team.''
It's possible that the Sox could go into spring training with all seven and wait to see if injuries elsewhere give them additional leverage.
But that, too, is unlikely.
"It seems like there's not a lot of moves made in spring training,'' he said.
As for what the Sox might be seeking in return, the Sox don't have any obvious need they have to fill. It's possible they could want to obtain some prospects to help restock the system after six were traded in two trades this week.
"I can't really answer that question.'' he said. "We've traded a lot (of prospects). We wouldn't mind replenishing some of what we've traded.''
Stevens on Thomas' groin injury: 'It's important that he's 100 percent'
Stevens on Thomas' groin injury: 'It's important that he's 100 percent'
There's no such thing as a good time to have an injury.
But in terms of Isaiah Thomas being sidelined with a right groin injury and the schedule awaiting the Boston Celtics … this is about as bad a time as you can imagine to be without their scoring leader.
Thomas returned to Boston ahead of tonight's game at Orlando, marking his first game missed since the 2014-2015 season.
He suffered a right groin injury in the second quarter of Boston's 107-106 loss at Houston on Monday.
At the time, Thomas was optimistic that he would be able to play tonight. But with a day off from practice, the soreness proved to be too much for Thomas to suit up and play tonight.
While it's unclear just how severe his groin injury is, the Celtics are likely to be overly cautious (like they are with most injuries) about his return which may result in him missing more games than Wednesday night's matchup against Orlando.
"Those things (groin injuries) are a little unpredictable," Celtics head coach Brad Stevens told reporters earlier today. "Especially in this sport, you have to be able to stop and change direction on a dime, especially him. It's important that he's 100 percent."
Stevens is spot-on when he talks about how uncertain a return for Thomas is currently.
New York's Kristaps Porzingis suffered a groin injury against the Celtics in a preseason game back in October that didn't result in anything more than him missing a day of practice.
It was a different story when Orlando's Nikola Vucevic suffered a right groin injury last spring (March 7-29) that sidelined him for 13 games.
The timetable for Thomas' return to the floor is likely to fall somewhere within those two timetables which would make an already daunting stretch of games even more difficult.
Following tonight's game, Boston has 12 games remaining in the month of December with nine being against teams with a winning record. And of the three games against teams below-.500 (Miami twice, Indiana), two of them are on the road.


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just-drinks authors and correspondents
MJ Deschamps
Articles by MJ Deschamps
EUROPE: EU agrees organic wine standard 8 February 2012
Wine producers in the European Union (EU) will be able to use the term "organic wine" on labels for the first time, starting from this year's harvest, according to new rules.
The Future for Drinks - Part I: Functionality, Health, Individualisation to Reign 29 September 2011
In part one of this month's management briefing, MJ Deschamps considers the roles that functionality, health and wellness and technology will play in shaping the consumer - and his beverage choices - in the future.
The Future for Drinks - Part II: Ingredients, Packaging Interaction Key for Future Products 29 September 2011
The second part of September's management briefing, which shines the spotlight on what the future holds for the drinks industry, MJ Deschamps looks at the rising importance of packaging to differentiate a product.
Drinks Retail – Part II: Convenience Stores still Key to Branded Drinks Marketing Success 30 June 2011
Part II of this month's management briefing on the drinks retail landscape, concerns itself with convenience stores. How is the impulse channel holding up in these trying times?
ITALY: EFSA takes issue with fresh aspartame review 27 May 2011
The European Food Safety Authority (EFSA) has said that a request by the European Commission for a re-evaluation of the safety of aspartame is not motivated by fresh scientific concerns.
CANADA: The Beer Store dismisses Minhas' market monopoly attack 13 December 2010
Canadian beer retailer The Beer Store has rejected claims it is partly responsible for Calgary-based Minhas Craft Brewery's decision to abandon plans to build a new brewery in the country.
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Rebuilding Trust
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Join Date: Aug 2010
Location: Near Disneyland
Posts: 1,700
Originally Posted by
How do we rebuild trust in this case?
Certainly not by those people trying to avoid spending time together. That would indicate a lack of control or inability to maintain boundaries. This would only serve to create less trust and more concern.
If this is her choice, don't knock it yet. She may just need some time and space to step back and re-build trust in herself.
When trying to lose weight, I need to stay away from certain foods, because they are my weekness. Therefore I will avoid certain places until I have developed a trust in myself and some new habits. I will also enlist the help of others around me to help me maintain control when I know I will be going into a situation where things may be just too tempting. Usually just knowing that I have backup does the trick.
I think trust can only be rebuilt by revisiting those similar circumstances of spending time together without crossing boundaries.
I agree with this, but it may take time before the person is ready or strong enough to even be willing to face the situation again. Unfortunately it will also mean that your trust can't be completely restored until it can be tried and tested.
My problem is that I trust too easily. I take people at their word and give them the benefit of the doubt. This has bit me in the ass quite a few time recently. For me personally, I expect people to make mistakes, but I completely loose trust if it is hidden/kept secret from me. I can forgive loss of control, but not intentional deception.
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Mr & Mrs Herd, Greater Manchester
After two years of other agents failing to sell our home, we had at last found the right team. You certainly put all other agents in the shade.
It is important to note that this mortgage calculator is for guidance purposes only. Mortgage lenders have their own affordability criteria therefore it is important you speak to one of our Mortgage Advisers for further information and a more accurate indication of what products may be available to you and what your monthly mortgage payments are likely to be.
Having been purpose built and refurbished this apartment needs to be viewed internally as there are good quality fixtures and fittings throughout, with contemporary bathroom and kitchen fittings and well planned accommodation benefitting from a sea view. To the rear there is allocated parking, an absolute delight in this beautiful West Cliff location.
Contact branch for relevant Energy Performance Certificate


text: 1/19/09 1/19/09 POPSUGAR Entertainment Dead Poets Society Buzz Brainteaser January 19, 2009 by Entertainment 0 Shares Welcome to Buzz Brainteaser, the trivia feature on BuzzSugar! Every weekday I'll test your knowledge about TV shows, music, and movies. If you enter in the correct answer, you win points! In Dead Poets Society, Mr. Keating (Robin Williams) tells the students they can call him "O Captain! My Captain!" in reference to a poem by what poet? Share this post Buzz BrainteaserDead Poets Society


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This has been an oft discussed topic here over the past few months and I think this position could possibly determine the teams success more than any other position on the field. The Browns had the best receiver in football last year with some of the worst QB play in team history but that receiver is now sadly gone to drugs and stupidity.
I've posted a few negative articles on the lack of depth at wideout and each time I've gotten a response of immediate vehemence and anger towards my doubt of the team. Fans and other writers alike continue to point out Andrew Hawkins and Miles Austin as guys who can get it done and make Josh Gordons suspension less felt.
That's just dumb.
Hawkins doesn't even have 1,000 receiving yards in his career and he's 28 years old. In other words, he's a guy people keep saying has all this talent and he's never really produced all that much.
Austin is 30 years old, always injured and had maybe two good years with the Cowboys and the rest he barely even reached the field. The guy is old and washed up and I just don't see him bringing anything positive to this roster.
There are a few other names but they're so unknown and even pathetic that I don't want to go in depth into who they are and what they bring to the table. If you want to check out the WRs on the roster, read Eric Kelly's post on "A deeper look at the Browns' receivers"
For now, stay positive and excited about this team. They have young exciting QBs, talented RBs and big men that should make a difference on both sides of the ball. They do not, however, have much in terms of a receiver corp and I think that will come back to bite them.
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