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Skip to comments.Dems Voter-Fraud Denial - How do you address a problem they insist doesnt exist?
Posted on 04/05/2014 9:20:07 AM PDT by neverdem
The spin doctors who deny the existence of voter fraud have no boundaries.
Plans to fight voter fraud are based on nightmares, tall tales, and paranoid fears, says Scott Keyes of the liberal Center for American Progress. Voter fraud is so rare youre more likely to get hit by lightning than find a case of prosecutorial voter fraud, asserts Judith Browne-Dianis, co-director of the liberal Advancement Project.
Kim Strach, the new director of North Carolinas Board of Elections, disagrees. She just searched a database that comprises about half the registered voters in the U.S. and found 35,750 voters in her state whose first and last names and full date of birth match with someone in another state who also voted in the 2012 election. A smaller number (765) had exact matches on Social Security numbers, but that total is artificially low because only some states provide that number for any or all of their voters.
Remember: In 2008, Barack Obama only carried North Carolina by 14,177 votes out of 2.3 million cast.
Strach is turning over her findings to the state legislature along with recommendations on what laws would help clean up the rolls.
Nor is North Carolina the only state with voter fraud in the news. Cobby Williams, a former 2012 independent congressional candidate in Mississippi, was sentenced to five years in prison this week for knowingly registering a convicted felon.
Last month, police in Pontiac, Mich., found the mummified body of Pia Farrenkopf in the garage of her foreclosed home. She had apparently been dead since 2008, but was listed as having voted in the 2010 election for governor.
Texas Democratic state representative Lon Burnam filed suit in March claiming he was defeated by 111 votes in his Democratic primary because of an illegal vote-by-mail operation, which might have been orchestrated by his opponent.
Even when fraud is obvious and proven, some liberals will dismiss or even defend it. In 2012, MSNBC host Lawrence ODonnell, former staff director of the Senate Finance Committee, insisted it was perfectly reasonable for voter fraud to occur occasionally. When challenged, he repeated himself.
Also recently, former Cincinnati election official Melowese Richardson, who was released early from prison after being convicted of voting six times for Barack Obama in 2012, was called up on stage at a rally for Al Sharptons National Action Network for what Cincinnati National Action Network president Bobby Hilton called a welcome home. She was also hugged by the Reverend Al Sharpton.
All that was too much for local Democratic-party chairman Tim Burke, who was at the rally.
What she did was criminal conduct and was particularly problematic because of her role as a poll worker, he told the Cincinnati Enquirer.
I myself witnessed a disturbing example of indifference to voter fraud at the Democratic convention in Charlotte in August 2012. A documentary team was premiering their new film on voting rights, called Electoral Dysfunction, hosted by comic Mo Rocca and later shown on PBS nationwide that fall.
What was awkward about the premiere was that the producers had to acknowledge after the lights came up that one of the main subjects of the film, former Democratic state representative Mike Marshall of Indiana, was sitting in the audience.
Marshall had been indicted on several counts of voter fraud since the film had been completed. A Marshall representative told the audience the indictment was an unfair persecution by a partisan prosecutor. The Democratic crowd gave Marshall a standing ovation after it was explained his indictment prevented him from taking questions.
The facts were somewhat at odds with this partisan pep rally. Marshall pleaded guilty to voter fraud in early 2013 and in May was sentenced to 18 months in prison for running an absentee-ballot racket..
Circuit-court judge Jon Webster noted that he had taken special measures to ensure the integrity of the prosecution. When this case first came about, I knew there was a possibility for political overtones, the judge said. Thats why I appointed special prosecutors for this case from both [political] parties. The judge went on to say Marshalls crimes were indeed serious.
Those who tinker with the election process are tinkering with the foundations of democracy, he said. I worry that this will only serve to further voter apathy and voter cynicism. I dont want the citizens of Jennings County to question the appointment of elected officials and wonder if it was really their votes that put them there.
Marshalls supporters were of a different mind. I am just really disappointed. There are no victims in this case, said Jennings County Democratic-party chairman Karen Snyder. After his plea agreement, she promised he would be hired to work for local Democrats in the future: I know Mike as well as most people and I trust him. Without question, we will welcome Mike back to work for the party.
No one is suggesting that liberal acceptance of voter fraud is universal. Nevadas Democratic attorney general Catherine Cortez Masto vigorously pursued the voter registration fraudsters of the now-defunct ACORN and charged the group itself with voter fraud, which included hiring people from a prison work-release program who had been convicted of identity theft.
But liberals who consistently deny the existence of voter fraud even absentee-ballot fraud help contribute to a climate in which such offenses against democracy are too often excused or ignored.
Voter fraud harms people in the Democratic coalition more than most, says former Democratic congressman Artur Davis of Alabama, I have seen up close how Democratic primaries have been stolen in Alabama by corrupt machines that then deliver bad services and poor schools and rob people of their future. Davis, who is now a Republican, says measures to prevent voter fraud shouldnt be controversial.
There is a reason that polls consistently show over 60 percent of African-Americans and Hispanics support voter ID, he told me. They realize voter fraud isnt a myth, and saying it is doesnt make it so.
John Fund is national-affairs columnist at National Review Online.
They are too busy trying to make a national story out of Bridgeclosergate in New Jersey to pay any mind to phony scandals!
You ignore what they say and do what needs to be done despite the lamentations of their women.
"Seriousness of the charges" only meant something to Dems in the Anita Hill scandal.
Democrats don't believe that multiple voting is fraud.
They think it is what should happen in every election.
ACORN was built out of such ideas, IMO.
I wonder how many dead people have had ballots cast for the Democratic Party in city, state, and national elections over the past century. I'm guessing the number is in the tens of millions.
Seriousness of the charges only meant something to Dems....When Bush1 was accused of taking a U2 to Iran to release the hostages out of the Embassy when Regan won the election. Most hilarious accusation of the decade but it stuck. Where is the same chutzpa against Hillary and Obummer in Benghazi? Leaders? Any?
You don't argue with them; you defeat them.
Jimmy Carter still clings to that conspiracy theory as does Oliver Stoned (of the Hollywood Reds).
Mr. Stoned tried to get financing to make a movie about it leading into the 1988 election cycle. When he saw that the funding/completion would not come in time to affect the election, he moved on.
Dems don't think Dems stealing elections is wrong.
They "have to" because voters are "too stupid" to vote the right way.
They also harbor thoughts of killing and imprisoning those who wont' submit to their ideology.
It's an inconvenient truth.
The pinklisting of the CEO of Mowzilla (who legally donated to a ballot initiative that OVERWHELMINGLY passed) shows that they will continue their efforts.
Exactly. Its why they need perpetual victims who feel that they're only taking what is rightfully theirs.
Telling the DUmmies that they had no right to cheat is what got Bev Harris into trouble with the DUmmies. They were demanding that she provide evidence of the vast right wing fraud machine while openly talking about how they could vote fraudulently.
Only when a few of these treacherous scum are arrested, prosecuted and executed will the dead soul democrtas slow down their vote cheating. IF We The People are the true sovereigns of this Republic, then what these bastards are doing is treachery on the level of treason, because every one of these democrat illegally cast votes cancels the legitimate vote of a sovereign. I say execute a few of them and see how things go. If the cheating does not stop, execute more of them. They are disenfranchising the true sovereigns of what the founders established as America. These cheaters are the enemies of America.
Remember the guy in Flordia who was caught with a voting machine and blank ballots in his car? Start the executions there!
Was very surprised to find that old site archived. Blast from da past!
Absentee balloting should be outlawed in all states. It is the method of choice for Democrat cheating. Sure, you'll have to show up to vote, but that is the way it is done in many countries. This should be at the top of the list of "Things to Correct" when the Republicans win the Senate. Let our skinny prez veto this voting reform and see how the public reacts.
Only one problem, since WE are the law abiding citizens: PROVE IT!
We need 3 things to clean up our elections: a photo to be matched with the voter's I.D., a thumb print to be matched against a master list with each state's voter registration rolls, and HARSH punishment for all violators. Mandatory minimum of 2 years in prison and a permanent revocation of all future voting rights.
Sure. And when the ballot box stops working it's time to turn to the cartridge box.
Or require a copy of one's state-issued I.D. and a thumb print as a validation measure on absentee ballots. Legit people casting legit votes won't mind.
"Dem's Voter Fraud Denial"
The Dem's vehement denial that voter fraud exists, even though there's proof that it does, is furthering the revolution, and furthering the revolution is paramount for Progressives.
(The only morality is the revolution, all other bourgois morality, for example that of knuckle-dragging,
gun-loving, bible-thumping, Christian morons, is pointless and counter-revolutionary.)
well, since you brought it up, this solution is not an ends justify the means, unless you disagree with the founders' intentions to execute treasonous scum and villainy. The operant system is to arrest, bring to trial, if proven guilty, execute the bastards. You will not slow the democrats' cheating machine down any other way. And if they are allowed to continue, just look what they lust for, as illustrated with their little barry bastard soetoro boy fascist prince, who is destroying the nation right before your eyes, at the behest of those who are his masters ... and I would find them and do the same, if possible, with the ends being America's last ditch effort to survive the globalist fascism.
Even with denial and magical thinking that accompanies Marxist/progressive philosophy, they all still must know that voter fraud exists.
If they did not, then they would have absolutely no issues with voter I.D. laws.
Where the denial and magical thinking really come into play is when the Marxists/progressives do not realize that voter fraud eventually takes away THEIR votes as well.
Competent Republican leadership might help, but that doesn't exist, either.
It is due to the collective sociopathic belief that if they lose their elected politicians they will lose more than they will gain, it is a base fear...Almost primal in nature...
A psychological condition similar to hoarding "things", inanimate objects, that mean more to them than substantive relationships, facts, true compassion, and the need to combat EVERYTHING and EVERYONE that challenges their belief system, no matter the cost...
Not that I hang my hat on things that talk radio says about why liberals are the way they are, but I came to the conclusion that the political ideology that is liberalism is a mental disorder/dysfunction, before it was made a public catch phrase on a certain radio program a few years ago...
There is no real "single" fix or treatment for this issue, it has more to do with an individuals progression into this problem, than a collective bandage that can be applied to more than just a few people at any one time...
It is also truly a gift that keeps on giving for future generations...
Most of us will be dead and gone, planted, before any of this can be corrected, if it can at all...
Therefore we have malicious crimes like voter fraud running rampant around the country, with no one inside that process believing what they are doing is wrong...
You cannot convince them otherwise...
The only thing you can do is charge, give them a trial, convict and punish to the fullest extent of the law, in sufficient numbers to cause even a minor pause in the overall effort to remain in power...
We cannot even get them to hold someone in criminal contempt in Congress for obfuscating, and obstruction of justice in the case of Laura Lerner who is obviously prepared to be put into prison, to await a future pardon from a departing president in the next 2 years...
There is no one on our side of the aisle with the political courage to do this task...
So I'm not holding my breath...
"vote fraud deniers."
Nice ring to it.
I think vote fraud is "settled science" by now.. Off to the gallows with the deniers!!!!
Former Aide To Miami Rep. Joe Garcia Heading To Jail For Absentee-Ballot Case [Rat Corruption]
CBS MIAMI ^ | 10/20/13 / FR Posted by SoFloFreeper ...Congressman Joe Garcia's former chief of staff is going to jail for orchestrating a fraudulent, online absentee-ballot request. The crime took place during last year's elections..... Did Rep Garcia use his Congressional office and our tax assets to aid and abet illegals in mortgage fraud and EITC fraud schemes? (Excerpt) Read more at miami.cbslocal.com ...
Absentee vote fraud is the tip of the latin voter fraud iceberg. Latinos use scores of vote-fraud tactics in their effort to consolidate Third World power---(1) voter address frauds, (2) forging petitions for public office,(3) registering to vote under multiple identities; (4) voting under several identities, and so on and so forth.
EXHIBIT ONE---ETHNIC SOLIDARITY REARS ITS UGLY HEAD NY State candidate Nelson Castro's woes began in 2008, when the NY Board of Elections began examining Castros eligibility to run in the 86th district after allegations that numerous voters were registered at the same addresses as his home and that of a campaign worker.
During an Aug. 7, 2008, hearing, Castro lied under oath, denying he knew the fraudster-- one of whom was his campaign organizer.
The candidate-selection committee ignored red flags b/c they were determined to put Dominican Republic natives on the ballot to increase latino "gimmee" power in Albany.
The Democrat selection committee then anointed Dominican Castro, a felon, as the Democrat candidate. Castro's extensive rap sheet was not considered a deterrent for public office.
The NY candidate selection committee used corrupt Dominican standards to give Castro the nod---with no compunctions about corrupting the US system.
The fact that illegal Dominican Republic immigrants registered to vote using Castro's home address, means they are probably registered at their own addresses, as well. How many times did these Dominican latinos vote? Castro was never nailed on this.
EXHIBIT TWO Obamacare is a huge voter fraud machine to register unsuspecting enrollees to vote and plug them into Democrat voter rolls.
healthcare.gov is also a voter registration site: Unsuspecting enrollees are being plugged into Democrat voter rolls.
Local couple upset after receiving pre-marked voter registration card from "Covered California" (Cali O/Care)
10news | 03-29-2014 | Preston Phillips / FR Posted by Kevin in California
A local couple called 10News concerned after they received an envelope from the state's Obamacare website, Covered California. Inside was a letter discussing voter registration and a registration card pre-marked with an "x" in the box next to Democratic Party.
Voter photo ID requirements, the most commonly proposed antidote to election fraud and cheating, will not by itself cure the problem. Other steps toward a cleaner election system would include (1) a requirement of documentation of American citizenship at the time of initial voter registration, (2) more frequent updating of voter registration rolls to eliminate deceased voters and those who have moved out of the precinct, (3) repeal of Motor Voter and prohibiting government agencies other than election boards from issuing voter registration materials, (4) elimination of routine early voting (which affords more opportunities for fraudsters to play their trade), (5) tougher requirements for absentee voting, (6) elimination of same-day registration and required mail-in voting in the states that have foolishly adopted those practices.
Yes, that story has made the rounds. I believe that several people who complained about receiving voter registration materials marked with an "x" next to Democrat expressed fear of repercussions if their names were released. How ugly things have gotten!
The cheating, treacherous, treasonous rats will not stand for those changes! Guillotines from orbit, it's the only way to clean up the sewer democrats have made of America.
If their pernicious political power is limited, it won't make a difference. Those changes (which in most instances are nothing more than returning to a former election procedure which has become too corrupted in recent years) can be enacted and I would think the majority of the citizenry in most states would support all or most of them.
Let the democrats LOSE an election through "voter fraud"
and listen to them scream FOR voter ID.
Every single one of those efforts will be fought by those of a certain political ideology to the death...Literally, by dead people...
Pardon the pun...
There have been very few instances of that, none that I know of in presidential or congressional elections.
There are several reasons why election fraud is lot more common among Democrats than among Republicans:
(1) As a whole (but with many individual exceptions), Republicans have a generally higher standard of morality (which isn't exactly saying much).
(2) Democrats, in general, deal with more ignorant and more corruptible voting constituencies in densely populated areas.
Democrats tend to have more of an incentive to commit fraud, because they rely on elections for secure jobs in government bureaucracies generally more so than Republicans, who generally find it easier to get work outside of government if they should lose elections.
WRONG. Leave the dead on the rolls. It's the short cut way of knowing how extensive Democrat voter fraud is... the more dead vote, the more fraud.
Democrats vote the people who don't show up. The dead NEVER show up to vote... It's the best fraud indicator we have.
They don't. That would take forever and produce few voters. It's NOT how they cheat.
Democrats vote the cards of the people who don't show up to vote. The 'dead vote' is an accidental byproduct of the way they cheat. And it's a wonderful way for us to tell the extent of their cheating.
Lots of democrats are nothing more than lowlife criminals... They get off on the excitement of cheating and tricking people...
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Step moms and blended families. Baby mama drama. No matter who she sells her facade to, SHE is the psycho!
You'll get yours! One day they'll realize that you snatch him Away and have everything other weekend all because of another woman..that does nothing wrong to that child. All because you scared someone will take your place. I have my own son sweetie and if I wanted to have another I would. I love them children because there apart of him and he's an amazing person inside and out. Grow up please and move on with your life. Meet someone.
When this happens, whether it's you doing it or you on the receiving end...it's time to find TRUE STRENGTH, let go, and allow yourself to be happy
Baby mama drama
We will have a stronger family and better relationship because we deal with all your baby mama drama BS and come out better people
Baby mama drama
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News About Choisir
Zenalicious Storms Home To Take Out Reginald Allen Quality
Zenalicious finished over the top of her rivals to record an impressive victory in the 2016 Reginald Allen Quality at Rosehill Gardens this afternoon.
In-form hoop Tim Clark settled Zenalicious towards the tail of the field ...
The Shorts Tips and Betting Preview
Eleven sprinters have been confirmed to contest the Group 2 The Shorts (1100m) at Royal Randwick on Saturday; a race that offers punters exceptional value from a betting perspective and several key opportunities to place a winning wager.
Group 1 winner English remains ...
2016 McNeil Stakes Odds and Betting Update
Fourteen runners have been confirmed in the field for Saturday's Group 3 McNeil Stakes (1200m) at Caulfield Racecourse; offering punters exceptional value from a betting standpoint and several key opportunities to place a winning wager.
Hardham has returned to racing in ...
2016 Missile Stakes Tips and Betting Preview
Five runners remain in the field for Saturday's Group 2 Missile Stakes (1200m) at Randwick follow scratchings; and betting markets for the feature have been blown wide open following the removal of boom colt Capitalist.
Rebel Dane is now ...
Sir John Monash Stakes Nominations
Sixteen runners have been included in nominations for the Group 3 Sir John Monash Stakes (1100m); highlighted by the pending appearance of a number of exciting sprinters at Caulfield Racecourse on Saturday.
Lord Of The Sky is a proven performer over ...
2016 QTC Cup Tips and Betting Preview
Office Bearer has joined Artlee as runners scratched from this weekend's Group 2 QTC Cup (1300m) at Eagle Farm, but the depth of talent remains in the field of twelve underlines the race as a particularly lucrative one from a betting standpoint.
Fourteen Confirmed in 2016 QTC Cup Field
Fourteen sprinters have been confirmed in the final field for Saturday's 2016 Group 2 QTC Cup (1300m) at Doomben Racecourse, including a number of in-form contestants.
Group 1 winner Stratum Star is yet to find peak condition since arriving in Brisbane, but ...
Eloping Returns to win Silk Stocking
Brave mare Eloping has returned to racing in particularly good condition this time; leading from start to finish to take out the Listed Silk Stocking (1200m) on the Gold Coast this afternoon.
Eloping has developed a reputation as a strong and consistent runner through her entire racing ...
2016 Tails Stakes Tips
Fifteen runners have been confirmed to Saturday's Listed Tails Stakes (1600m) on the Sunshine Coast; offering punters exceptional value from a betting standpoint and several key opportunities to place a winning wager.
Sir Moments has returned to racing in typically smart ...
2016 Arrowfield Sprint Tips and Betting Preview
Thirteen three-year-olds remain in contention for Saturday's 2016 Group 2 Arrowfield Sprint (1200m) on Day 2 of The Championships at Royal Randwick, and the depth of talent confirmed to line up has underlined the race as a particularly lucrative one from a betting standpoint.


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Illustrated Dictionary of the Bible
Book by Various Authors
Most one-volume Bible dictionaries are aimed at scholars and specialists - people who already have a thorough understanding of the Bible. But this dictionary was designed, written, and edited with the needs of general readers in mind. People with no … Learn MoreHardcover - out of stock $30.00 $24.00 Backorder
Preaching the Cross
Book by Various Authors
Proclaiming the gospel is without a doubt the most important task of pastoral ministry, yet often other, seemingly more urgent activities obscure it. From time to time all pastors and preachers need to be reminded of the primacy of the … Learn MoreHardcover - out of stock $20.00 $16.00 Backorder
Justification by Faith Alone
Book by Jonathan Edwards
Our Lord became incarnate in order to mediate the new covenant to His people, which resulted in their being declared righteous by the Father. In this book, Jonathan Edwards explores the doctrine of justification, providing a good resource for those … Learn MoreHardcover $19.00 $15.20 Add to Cart
The Westminster Confession: A Commentary
Book by A.A. Hodge
In this classic guide to The Westminster Confession of Faith, A.A. Hodge examines each chapter of the confession in a clear and understandable way. Learn MoreHardcover $26.00 $20.80 Add to Cart
The Prayer of the Lord
Book by R.C. Sproul
What is the Lord's Prayer? In The Prayer of the Lord, Dr. R. C. Sproul writes, "Jesus' intent was to give His disciples a model prayer, an example to follow, one that would teach them transferrable principles for conversation with God." … Learn MoreHardcover $15.00 $12.00 Add to Cart
Also available in three other formats
Heirs With Christ: The Puritans on Adoption
Book by Joel Beeke
The Puritans have gotten bad press for their supposed lack of teaching on the doctrine of spiritual adoption. In Heirs with Christ, Joel R. Beeke dispels this caricature and shows that the Puritan era did more to advance the idea that … Learn MoreHardcover This item has sold out.
Children at the Lord's Table?: Assessing the Case for Paedocommunion
Book by Cornelis Venema
A growing trend among Reformed churches is the practice of admitting young children to the Lord's Supper. In this book, Cornelis P. Venema provides an insightful analysis of the theoretical arguments used by advocates of this recent trend. After clarifying terms … Learn MoreHardcover - out of stock $25.00 $20.00 Backorder
Triumph of the Lamb: A Commentary on Revelation
Book by Dennis Johnson
The book of Revelation is an unveiling, a vivid disclosure of invisible realities. Yet its bizarre imagery often leaves us puzzled. Dennis E. Johnson deftly guides us through questions about how to interpret Revelation, what it meant to its original … Learn MoreHardcover $25.00 $20.00 Add to Cart
Trinity Hymnal
For more than 40 years, the Trinity Hymnal has been used in churches around the country. Containing hymns especially for churches in the Protestant Reformed tradition, the Trinity Hymnal has been established as one of the more theologically sound hymnals … Learn MoreHardcover $17.95 Add to Cart
Sammy and His Shepherd
Book by Susan Hunt
In Sammy and His Shepherd, veteran children's writer Susan Hunt takes youngsters on a delightful trip through Psalm 23 from the point of view of a sheep named Sammy. Sammy lives happily under the care of his faithful shepherd. But … Learn MoreHardcover $17.00 $13.60 Add to Cart
Also available in five other formats
Grace and Its Fruits
Book by John Calvin
Large numbers of people were drawn to the ministry of John Calvin (1509-64), one of the principal figures in the sixteenth-century Reformation, and, such was their respect for him that, when he died, almost every person in Geneva attended his … Learn MoreHardcover $17.00 $13.60 Add to Cart
Truths We Confess: A Layman's Guide to the Westminster Confession of Faith (Volume 2)
Book by R.C. Sproul
In his three-volume exposition of the Westminster Confession of Faith, R.C. Sproul writes with both insight into current issues and clarity for lay readers. This second volume, covering chapters 9-22 of the confession, explains the doctrines of free will, effectual … Learn MoreHardcover $26.00 $20.80 Add to Cart
The Lightlings
Book by R.C. Sproul
In The Lightlings, Dr. R.C. Sproul weaves an allegorical tale that captures the essence of the biblical story of redemption in a manner that will fascinate and delight children. A race of tiny beings known as lightlings are a picture … Learn MoreHardcover $18.00 $14.40 Add to Cart
Also available in six other formats


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Arabic for Nerds
Get your weekly Arabic grammar dose!
The newsletter
Reading about Arabic grammar is usually as thrilling as reading telephone directories. Gerald Drißner uses a new approach: Every week, he will pick an interesting question drawing from his years of studies in the Arab world to create a colourful journey into Arabic grammar.
If you want to reach an advanced level, it is not about learning vocabulary lists - it is about understanding the fascinating core of Arabic. This is what this newsletter is all about. It is specifically intended for advanced learners and for anyone who has studied al-Madinah or al-Kitaab. The newsletter is free of charge!
The archive
Here is a list of our newsletters so far:
The book
Most of the questions are taken from the author's book "Arabic for Nerds" - 270 Questions on Arabic Grammar.
FULLY REVISED 1st EDITION - WITH INDEX
October 2015, 462 pages
19,99 Euro / 19,90 US-Dollars
Available at amazon.de * amazon.com * amazon.co.uk * international orders
Stuff for Nerds
Are you a language lover? Are you addicted to Arabic or simply in love with the Arabic alphabet? Or are you looking for a gift for a friend who is like that?
For example: mugs, cups and bags with awesome slogans.


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Grandpa Monty's Muddles
Grandpa Monty's Muddles
Cuento de Luz SL, Hardcover, 9788415241171, 32pp.
Publication Date: August 1, 2012
List Price: $15.95*
* Individual store prices may vary.
Buy at Local Store
Enter your zip code below to purchase from an indie close to you.
Buy Here
Grandpa Monty is a bit confused: he puts the chicken in the washing machine, he gets towels mixed up with napkins and gloves with socks, and he's always forgetting his grandson's name. Luckily, his grandson loves him very much and is willing to risk getting into a little trouble to try to help him remember. Discussing Alzheimer's and dementia, this story will help both children and parents cope with tough changes in a family. Offering up humor and the potent power of a smile, the book reminds readers of any age that when someone in the family is having trouble remembering things, the most valuable lesson is to not forget the importance of loving them.
About the Author
Marta Zafrilla is a teacher and an award-winning author and poet. She has published several collections of poetry in Spain and been included in multiple anthologies. Her poems and book reviews have appeared in cultural publications and she has held various jobs with advertising agencies and publishers. Miguel Angel Diez is an award-winning artist who has illustrated numerous books, including "Los animales de la lluvia," which was honored with the Ministry of Culture and Education Award in Valencia for his artwork.


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WGSN Products
The latest WGSN Instock data reveals how this item is dominating back-to-school retail in the US.
Back to school is a key subcategory that kicks into high gear during the summer, and sees retailers go head to head with sales, promotion and visual merchandising to get consumers spending.
At WGSN Instock we've been tracking the latest winners in this sub-category, and the slouchy backpack is the newest front runner, driving back to school deliveries.
"Bags held a stable 18% of new-in accessories in July, with key biweekly drops since May enticing regular spend among juniors. However, the backpack specifically drove deliveries, over its rivals the shoulder and cross-body bag," said WGSN's Instock Editor Jessica Fioriti.
"Heading up back-to-school campaigns, the slouchy backpack took up 20% of the bag mix, up by 4 percentage points YOY eating into the shoulder and cross-body which fell 7 percentage points to 51%."
The current demand for fresh basics and simplicity (in terms of product and styling) is boosting the backpack presence. The slouchy accessory works well, styled with boyfriend and mom jeans, shrunken T-shirts, boyfriend tees or basic sweatshirts with an emphasis on crew-neck styles.
"For a/w 16/17… while structured shapes continue in the minimalist satchel and quilted categories, soft slouchier shapes are more directional, targeted at juniors for new back-to-school purchases," says the WGSN Footwear & Accessories team. This whole look takes its inspiration from the interesting crossover that we are seeing between fashion and activewear, resulting in a more relaxed aesthetic.
In terms of retailers embracing the trend: "Aeropostale held biggest backpack offer among juniors with a 43% bag new-in mix. Urban Outfitters grew its offer YOY to 40% from 16%, alongside Topshop at 29% vs 13% and Zara with 29% vs 8%," adds Jessica Fioriti.
NEED DATA? If you're a buyer, planner or just a fashion geek who wants to know exactly what's trending at retail in every category – WGSN INstock is going to make you ridiculously happy.


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Location type: School
Location address: United Kingdom, Bradford
Number of texts: 1
Location address: United Kingdom, Bradford
Number of texts: 1
Made by wikipedia.org | Reference Kanguole | © CC 3.0
Made by wikipedia.org | Reference Wikipedia.org | © CC 3.0
Bradford Girls' Grammar School is a free school for girls aged 5 – 18 and boys aged 5 – 11. Founded in 1857, the school is located on the outskirts of Bradford city centre in West Yorkshire, England. Recent public examination results put the school top in Bradford and among the top three in Yorkshire. Bradford girls also has an debating society Barbara Castle went to at her days at the school.
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Details of Elland Road clash.
Leeds legend gives his views.
Manager delighted for star forward.
We go behind-the-scenes with our owner as he enjoys the win over Cardiff City. This feature contains reaction pre and post game as well as an interview with Dr Tony.
Manager Steve Bruce speaks to the press ahead of Villa's away clash with Leeds United.
Extended highlights of Villa's victory over Cardiff City at Villa Park.
Come down to Villa Stores
Shop online
By Dan Harrison
Barry Bannan reckons tapping into the knowledge of two European Cup-winning midfielders can help him become a central star for Villa.
Bannan worked under one of Villa's 1982 heroes Gordon Cowans during his formative years in the club's youth ranks.
Now he is relishing the prospect of learning from new boss Paul Lambert, who won European football's biggest prize with Borussia Dortmund in 1997.
The appointment of Lambert was particularly exciting for boyhood Celtic fan Bannan because he grew up watching his compatriot patrol the Glasgow club's midfield alongside Stiliyan Petrov.
"There's the gaffer and Sid Cowans who have won the European Cup so for a midfielder like me I'm only going to learn from these people," said Bannan.
"I remember the gaffer as a hard working player, but he could play as well.
"He obviously won a European Cup winners medal with Dortmund and they were a great footballing team then so I wouldn't just say he was the grafter.
"At Celtic Neil Lennon did the graft and Paul Lambert and Stan Petrov were the footballers."
Bannan says the Lambert effect is already rubbing off on the Villa squad even though the new campaign is still a month away.
But the 22-year-old insists his team-mates are determined to carry that feel-good factor into the Barclays Premier League season.
"It was doom and gloom last season, but even now, and we've not kicked a ball competitively yet, there's a big lift already," he added.
"So hopefully when we get back in after pre-season and start playing the Premier League games and stuff there will still be a real buzz around the ground.
"It goes without saying that when there's a new manager there's a clean slate for everyone, so it's just up to us players now and individuals to come in and show him what we're all about.
"It's everybody fighting for themselves and the chance to play now when we go into pre-season.
"He definitely sounds like he's in a hurry to sort out the club with the way he has been talking."
Click here to buy season tickets for the new term as Villa embark on a vibrant new era.
League Cup last eight progression


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Read More of Dr. Laura's Parenting Tips
The most important qualities of a great parent? Not playing endless games, or making cookies, or coaching the soccer team. Not staying home with your kids, necessarily, or working outside the home, necessarily, even if it makes you happier.
What makes a great parent is being fully present when you're with your kids. Loving and accepting your child 100%, exactly as he is, without wanting to change him, at the same time that you offer him inspiration and guidance to grow. Knowing your unique child, and meeting her unique needs. Giving your whole-hearted attention, as often as possible. Being happy, and inspiring your child with that happiness. Being yourself. Prioritizing your connection with your child.
So many mothers feel they need to prove their love by bringing perfectly decorated cupcakes to the class party or making their child's Halloween costumes. They measure other moms' dedication by the elaborateness of the birthday party, or the number of activities she shuttles her darlings to every week. That's not love, that's performance, and performance is a distraction from our real work. Those may be rewarding tasks to the mother, but they have nothing to do with motherhood, unless the child is the motivator and does most of the project - in which case the cupcakes and the costume are likely to be fairly unimpressive to the outside eye, although the child may be justifiably bursting with pride.
Real parenthood is invisible: the patience to listen, the big-heartedness to see it from their side, the self-discipline to not take your current bad mood out on your child, the commitment to do most of the work of nurturing a relationship with this growing human, the motivation to keep doing this every day when no one else really understands what it takes out of you.
Great parents meet kids' needs, not their wants. What kids really value has nothing to do with 90% of what mothers spend their time on -- planning the lavish birthday party, picking the perfect outfits, decorating the room, even folding the laundry. What kids need, money can't buy. Kids need time with their parents. They need to feel lovable, and competent, and like a valued member of a group -- their family, as well as their peer group. They, like all of us, need to discover their passions and give their gifts in the world.
What do great parents spend their time on? Making engrossing dinner table conversation. Supporting their kids' passions. Tummytime with the baby. Floor time with the toddler. Couch time with the tween. Walks with the teen. Family game night. Tickle battles. Star-gazing. Listening. Laughing. Lighting candles. Connection.
Dr. Laura Markham
Aha! Parenting.com


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Marine biologist
Redirected from Marine biology
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A marine biologist is a biologist who studies in the field of marine biology; that is, the science related to oceanography, specifically involved in the study of marine organisms. A marine biologist who specifically studies whales and related species is known as a cetacean biologist.
Gillian Taylor was a marine biologist who worked with the humpback whales, George and Gracie, at Sausalito, California's Cetacean Institute in 1986.
During a pizza date with James T. Kirk, Kirk inquired to Taylor how "a nice girl like you got to be a cetacean biologist," she responded that she was "just lucky, I guess."
Later, when Kirk and the crew of the HMS Bounty attempted to capture George and Gracie to take back to the 23rd century, Taylor convinced Kirk to take her with him to the future because she was a whale biologist, and "who in the 23rd century knows anything about humpback whales?"
Despite this, she would be assigned to a science vessel upon her arrival to the 23rd century, telling Kirk that she had "300 years of catch-up learning to do." (Star Trek IV: The Voyage Home)
Amanda Rogers' adoptive parents were Starfleet marine biologists, stationed in the Bilaren system as of 2369. (TNG: "True Q")


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Mazda is popping the champagne and celebrating a Miata milestone
Fourth-generation Mazda MX-5 Miata takes two wins in this year's World Car of the Year awards
Plus the Audi R8 Spyder, Chevrolet Camaro ZL1 and many more from the floor of the 2016 New York Auto Show
Long winter left you itching for a spring fling? These 10 new vehicles should fit the bill
2016 Civic beats out Chevrolet Malibu, Mazda MX-5 Miata for top prize in Detroit
From lasting sex appeal to a scandal beyond comprehension, these are Motor Mouth's award-winning automotive events of the year
Honda Civic, Chevy Malibu and Mazda Miata are vying for this year's award
The '68 Cosmo Sport, RX-7 and dual-fuelled RX-8 showcase how far Mazda has come
42 eligible cars will be put to the test at AJAC's annual TestFest in Bowmanville, Ont.
You'll need nimble hands and the dance of needles in Hiroshoma – it's Mazda Miata country


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Survival and prognostic factors in systemic sclerosis (SSc)-associated pulmonary hypertension (PAH).
This analysis confirms a poor pooled 3-year survival rate of 52% (47-58) in SSc-associated PH. PubMed Arthritis Rheum, 2013 Jun 5. (Also see: Pulmonary Hypertension Prognosis)
This item was posted in the ISN Newsroom. Please check the newsroom daily for updates on scleroderma and other related articles.


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Calgary, Alberta
- 3 Bedrooms
- 2 Bathrooms
- 1 Half
About This Property
Intimate, yet built for entertaining this stunning home features luxury from top to bottom. The gourmet kitchen has full height cabinetry, a gas stove, upgraded stainless steel appliances, quartz countertops, a huge island and a convenient walk through pantry. The living room has a gas fireplace and dining room opens onto the west facing backyard. Upstairs is a big bonus room, two good sized bedrooms and a spacious master retreat with massive walk in closet and a spa inspired 5 piece ensuite complete with his and her vanities, free standing soaker tub and an over sized shower. No grass to cut here! The backyard has been beautifully landscaped with low maintenance stamped concrete and Trex decking. Property has A/C unit and is close to public transportation, Shaganappi trail, Stoney Trail and Creekside shopping centre.
Request More Information
Presented By
Property Facts
- 2,184 f2 / 202.89 m2 - Living space
- 361.00 m2 / 33.54 m2 - Lot size
- Year Built 2013
- $3,475 Taxes Other 2016
Ceiling 9 ft.,No Animal Home,No Smoking Home,Patio


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Hotels in Edinburgh
Waldorf Astoria Edinburgh - The CaledonianPrinces Street, Edinburgh 5.0 out of 5.0
Built in 1903, this grand landmark hotel is centrally located on Princes Street, overlooking Edinburgh Castle.
Novotel Edinburgh Park15 Lochside Avenue, Edinburgh 4.0 out of 5.0
Set in the city's eastern flank, Novotel Edinburgh Park is a 2-minute walk from Edinburgh Park Train Station and a 10-minute drive from Edinburgh Airport. Trams ...
Great staff and nice room. Staff very helpful in making suggestions of what to do in Edinbrough
Tune Hotel - Haymarket, Edinburgh7 Clifton Terrace, Edinburgh 3.0 out of 5.0
Tune Hotel - Haymarket Edinburgh enjoys a central location in the Scottish capital, opposite Haymarket Station which has direct tram connections to Edinburgh ...
If your purpose is to explore the city and have a safe place to sleep and leave your belongings this is the hotel. Everything in the room is pretty basic but the hotel is conveniently located (20 min walking distance to weaverly station). In addition, the airlink bus which takes you from and to the ...
Novotel Edinburgh Centre80 Lauriston Place, Edinburgh 4.0 out of 5.0
Located near Edinburgh Castle and the Grassmarket area, this Edinburgh hotel is a 10-minute walk from Princes Street shopping and the Royal Mile; Arthur's Seat ...
Good hotel but limited parking available, and the staff wasnt very helpful.
Apex Waterloo Place Hotel23-27 Waterloo Place, Edinburgh 4.0 out of 5.0
This handsomely updated landmark building stands at the east end of Edinburgh's famous Princes Street. The Waverley train station is a two-minute walk. Edinburgh ...
Apex Waterloo was centrally located and a short walk to all the major attractions in the city. We were very pleased with the location as we only spent about a day in Edinburgh and wanted to be close to the old city. Our room was clean; however, we did not have a great view. The staff was ...
The Balmoral Hotel1 Princes Street, Edinburgh 5.0 out of 5.0
Located in the heart of Edinburgh, this luxury hotel is on Princes Street in the main shopping area and adjacent to Waverley Station. The hotel overlooks Edinburgh ...
Standard room is comfortable with plenty of space for a couple. Everything in room was of high quality and worked properly. The only quirk (for a UK hotel) was the missing hot-water kettle and obligatory tea set. The service was genuinely friendly and was not over-bearing. A very positive ...
Jurys Inn Edinburgh43 Jeffrey Street, Edinburgh 3.0 out of 5.0
Modern hotel in the heart of historic Edinburgh next to Waverley Station, one mile from the famous castle, and 400 metres from the New Scottish Parliament.
Lovely staff and clean room, right in the midst of all the places/activities on our itinerary. Close to train station, very convenient.
Motel One Edinburgh-Royal18-21 Market Street, Edinburgh 3.0 out of 5.0
Located in Old Town, this hotel is steps from Edinburgh Dungeon, St. Giles' Cathedral, and Real Mary King's Close. National Gallery of Scotland and Scott Monument ...
In the heart of the city, close to all the sites you want to see. Very convenient. Set right next to rail station , so there is no need for a taxi.
Hilton Edinburgh Carlton19 North Bridge, Edinburgh 4.0 out of 5.0
Located in Old Town, this hotel is within a 5-minute walk of Tron Kirk, St. Giles' Cathedral, and Real Mary King's Close. Greyfriars Kirk and Edinburgh Playhouse ...
This hotel recently underwent a major renovation and it was well worth it! The hotel is lovely. It also is conveniently located within walking distance to many of the local sites and shopping areas. I was pleasantly surprised to be upgraded to a King suite, too. It was a bit chilly in the room (thermostat ...
Leonardo Hotel Edinburgh City Centre (Haymarket)1 Morrison Link, Midlothian, Edinburgh 3.0 out of 5.0
Located in Haymarket, this hotel is within a 10-minute walk of St. Mary's Cathedral and Edinburgh International Conference Centre. Royal Lyceum Theatre and Usher ...
Edinburgh hotels
Visitors will enjoy the mixture of old town history and modern city convenience as they tour Edinburgh. Guests to the area will have a good selection of Edinburgh hotels for their lodging. They can choose affordable accommodations at many hotels; Edinburgh also provides a number of bed & breakfast locations for the traveler.
Edinburgh Quick Picks and Tips
The Edinburgh International Conference Center is the premier convention center in the city and holds meetings and events from many groups and organizations.
Edinburgh provides many splendid restaurants and one of the most popular is the Grain Store, with traditional Scottish fare and design for a relaxing atmosphere. For fine dining, visitors won't want to miss Honours, a prestigious restaurant with a matching price.
Major Point of Interest
Visitors to the city cannot miss the opportunity to see Edinburgh Castle with its rich history. They can view the exquisite Great Room and enjoy stories from the locals.
Guests staying at hotels in Edinburgh can find many shopping opportunities during their visit. Small shops boasting traditional Scottish items can be found along the Royal Mile. The most complete shopping area is in Princes Mall; it has three levels of stores from designer items to specialty shops.
Visitors can choose between two football teams to watch a game while they visit Edinburgh, either the Hearts at Tynecastle Stadium or Hibernian at Easter Road. Guests to the city will enjoy either team for a real Scottish football experience.
Cities near Edinburgh
- Perth Hotels (32.06 mi)
- North Berwick Hotels (19.1 mi)
- Dunfermline Hotels (13.17 mi)
- Peebles Hotels (20.68 mi)
- Livingston Hotels (12.91 mi)
- Falkirk Hotels (22.93 mi)
- Musselburgh Hotels (6.22 mi)
- Dunbar Hotels (25.45 mi)
- Kirkcaldy Hotels (12.25 mi)
- Newbridge Hotels (7.5 mi)
- Kinross Hotels (20.12 mi)
- Glenrothes Hotels (16.97 mi)
- Bathgate Hotels (19.29 mi)
- South Queensferry Hotels (7.99 mi)
- Galashiels Hotels (23.63 mi)
- Cupar Hotels (25.06 mi)
- Biggar Hotels (33.8 mi)
- Loanhead Hotels (5.11 mi)
- Leven Hotels (20.83 mi)
- Linlithgow Hotels (15.03 mi)
Edinburgh Neighborhoods
- Old Town Hotels (0.43 mi)
- New Town Hotels (0.36 mi)
- Haymarket Hotels (1 mi)
- Leith Hotels (1.8 mi)
- Newington Hotels (1.46 mi)
- Bruntsfield Hotels (0.98 mi)
- Murrayfield Hotels (2.19 mi)
- Stockbridge Hotels (0.91 mi)
- Tollcross Hotels (0.62 mi)
- Portobello Hotels (3.29 mi)
- East Lothian Hotels (17.39 mi)
- West Lothian Hotels (15.6 mi)
- Midlothian Hotels (9.02 mi)
- Merchiston Hotels (1.53 mi)
Top Points of Interests in Edinburgh
- Edinburgh Castle Hotels
- Arthur's Seat Hotels
- Royal Yacht Britannia Hotels
- St. Giles' Cathedral Hotels
- Palace of Holyroodhouse Hotels
- Princes Street Gardens Hotels
- Murrayfield Stadium Hotels
- Edinburgh International Conference Centre Hotels
- Greyfriars Kirk Hotels
- Edinburgh Playhouse Theatre Hotels
- University of Edinburgh Hotels
- Edinburgh Zoo Hotels
- Festival Theatre Hotels
- Usher Hall Hotels
- Royal Botanic Garden Hotels
- National Museum of Scotland Hotels
- Holyrood Park Hotels
- Calton Hill Hotels
- Camera Obscura and World of Illusions Hotels
- Heriot Watt University Hotels
Hotels by Airports near Edinburgh
Top Flights to Edinburgh
- London to Edinburgh
- Beijing to Edinburgh
- Madrid to Edinburgh
- Stockholm to Edinburgh
- Berlin to Edinburgh
- Paris to Edinburgh
- Rome to Edinburgh
- Bristol to Edinburgh
- Chicago to Edinburgh
- Detroit to Edinburgh
- Houston to Edinburgh
- Istanbul to Edinburgh
- Jakarta to Edinburgh
- New York to Edinburgh
- Orlando to Edinburgh
- Rio de Janeiro to Edinburgh
- Toronto to Edinburgh
- Washington to Edinburgh
- Osaka to Edinburgh
- Milan to Edinburgh
Hotels by Star Rating
More to Explore
Recommended cities for you
- Greater Glasgow Hotels
- London Hotels
- Scottish Highlands Hotels
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October 19, 2007
LAWRENCE MIKEL, PETITIONER,v.ANTHONY F. ZON, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY, RESPONDENT.
Petitioner Lawrence Mikel ("Petitioner") seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, vacating his convictions in New York State Supreme Court, Monroe County, of Murder in the Second Degree, Robbery in the First Degree, Grand Larceny in the Fourth Degree, and Criminal Possession of a Weapon in the Second Degree. Now before the Court are Petitioner's Objections [#10] to a Report and Recommendation [#9] of the Honorable Victor E. Bianchini, United States Magistrate Judge, which recommended the denial of the petition. For the reasons that follow, the Court denies Petitioner's objections and adopts the Report and Recommendation in all respects.
The facts of this case were detailed in the Report and Recommendation and need not be repeated here. It is sufficient to note that Petitioner's convictions arise from the robbery and murder of two individuals, Terry Floyd and Mary Adamski, in two separate and unrelated incidents in the City of Rochester. Petitioner gave a statement to police in which he admitted participating in the robberies but denied shooting the victims.*fn1 Petitioner was tried and convicted in 1994, however, the convictions were reversed because the trial court had submitted an annotated verdict sheet to the jury. See, People v. Mikel, 237 A.D.2d 982, 654 N.Y.S.2d 907 (4th Dept. 1997).
In 1997 Petitioner's second trial was held before the Honorable Donald Mark, Supreme Court Justice. During voir dire, Justice Mark asked potential jurors if they or anyone close to them had "been arrested for, charged with, or accused of the commission of any type of crime." The prosecutor subsequently asked potential jurors if they had ever visited anyone in jail. Significantly, a potential juror named Sharon Pearce ("Pearce") did not respond to either question, though other potential jurors did. Pearce was eventually selected to sit on the jury. Subsequently, during juror deliberations, a juror informed the court that Pearce told her fellow jurors that she knew someone who had been convicted based upon a false statement. Justice Mark brought Pearce into court and questioned her, in the presence of Petitioner, the prosecutor, and defense counsel. Pearce acknowledged that her brother had been prosecuted for murder by the Monroe County District Attorney thirteen years earlier and had been convicted. Ms. Pearce further indicated that the police had done "a lot of things wrong" in the case, such as lying about having advised her brother of his rights. Pearce further indicated that she had visited her brother in prison, that she believed he was illegally convicted, and that her family was considering an appeal.
When asked why she did not respond to the pertinent questions during voir dire, Pearce initially indicated that she did not "recall" failing to answer, then stated, "I really didn't think that you people -- I didn't think I would be picked." Ultimately, Pearce indicated that she chose not to answer the questions because she did not think they were important. Nevertheless, Pearce repeatedly indicated that she could be a fair and impartial juror.
Justice Mark concluded that Pearce was "grossly unqualified" to continue as a juror, and removed her pursuant to New York Criminal Procedure Law ("CPL") § 270.35(1). (Voir Dire Transcript pp. 62-63) ("[S]he did not honestly respond to the questions and the Court finds her grossly unqualified."). Additionally, Justice Mark declared a mistrial because there were no alternate jurors to replace Pearce.
Petitioner subsequently sought a writ of prohibition to prevent a re-trial, on Double Jeopardy grounds, however the New York State Supreme Court, Appellate Division, denied the request, finding that Pearce had been properly removed for failing to answer questions truthfully during voir dire and ignoring the instructions of the court. The New York Court of Appeals denied Petitioner's appeal. In 1999 Petitioner's third trial resulted in the convictions from which he now seeks relief.
After exhausting his appeals, Petitioner filed the subject habeas petition, contending that his convictions violated the Double Jeopardy Clause of the Fifth and Fourteenth Amendments. The undersigned referred the matter to Magistrate Judge Bianchini for a Report and Recommendation. The Report and Recommendation concluded that Petitioner's habeas claim lacks merit. In his Objections [#10], Petitioner contends that the magistrate judge failed to properly evaluate whether Pearce's removal from the jury comported with New York State law. Specifically, Petitioner indicates that the trial court's "failure to follow its own standard for removing a sworn juror and the consequent lack of manifest necessity for a mistrial involved an unreasonable application of clearly established constitutional law under United States Supreme Court precedent." Alternatively, Petitioner maintains that "the trial judge's decision to dismiss the juror was based on an unreasonable determination of the facts." Petitioner alleges that Pearce should not have been dismissed without a finding that she was "obviously" unfit, and that Justice Mark failed in that regard because he dismissed Pearce based upon her failure to answer the court's questions without determining whether she could be impartial nonetheless.
Rule 72(b) of the Federal Rules of Civil Procedure provides that where a Magistrate Judge issues a Report and Recommendation "dispositive of a claim or defense of a party," [w]ithin 10 days after being served with a copy of the recommended disposition, a party may serve and file specific, written objections to the proposed findings and recommendations. . . . The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made in accordance with this rule. The district judge may accept, reject, or modify the recommended decision, receive further evidence, or recommit the matter to the magistrate judge with instructions.
FRCP 72(b) (Thomson/West 2007).
Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, ("AEDPA"), a federal court may grant habeas corpus relief only if the State court's decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States," or which "resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." 28 U.S.C. § 2254(d). Aparicio v. Artuz, 269 F.3d 78, 93 (2d Cir. 2001). Moreover, "a determination of a factual issue made by a State court shall be presumed to be correct," unless the Petitioner rebuts that presumption by "clear and convincing evidence." 28 U.S.C. § 2254(e)(1).
It is well-settled that "[e]rrors of state law are not reviewable on a habeas petition unless they rise for some other reason to the level of a denial of rights protected by the United States Constitution." Mirrer v. Smyley, 703 F.Supp. 10, 12 (S.D.N.Y. 1989) (citations and internal quotation marks omitted), aff'd 876 F.2d 890 (2d Cir. 1989), cert. den. 493 U.S. 850, 110 S.Ct. 148 (1989); see also, Hameed v. Jones, 750 F.2d 154, 160 (2d Cir. 1984) ("Federal habeas corpus is not, of course, available simply by virtue of a violation of state criminal law."), cert. den. 471 U.S. 1136, 105 S.Ct. 2677 (1985). Further, it is clear that [w]here, for reasons deemed compelling by the trial judge, who is best situated intelligently to make such a decision, the ends of substantial justice cannot be attained without discontinuing the trial, a mistrial may be declared without the defendant's consent and even over his objection, and he may be retried consistently with the Fifth Amendment.
Gori v. U.S., 367 U.S. 364, 368, 81 S.Ct. 1523, 1526 (1961). "As a general rule, a reviewing court is charged with determining whether the trial court's decision that a mistrial was justified by manifest necessity was an abuse of discretion." Williams v. Bartow, 481 F.3d 492, 500 (7th Cir. 2007) (citation omitted). Moreover, where the decision to declare a mistrial involved an issue related to possible juror bias, the trial court's ruling is entitled to special deference:
There are compelling institutional considerations militating in favor of appellate deference to the trial judge's evaluation of the significance of possible juror bias. He has seen and heard the jurors during their voir dire examination. He is the judge most familiar with the evidence and the background of the case on trial. . . . In short, he is far more conversant with the factors relevant to the determination than any reviewing court can possibly be.
Arizona v. Washington, 434 U.S. 497, 513-514, 98 S.Ct. 824, 834 (1978) (citations and internal quotation marks omitted); see also, Id. at n. 33 ("These considerations must be at least as weighty where a federal court, in considering a state prisoner's collateral challenge to his conviction on the ground that it violated the Double Jeopardy Clause, reviews the determination of a state trial judge as to juror bias.").
In this case, Petitioner admits that if juror Pearce was properly removed, then the trial court was required to declare a mistrial, since there were no alternate jurors.
As Petitioner sees it, "[t]he operative issue in this case is whether the juror was properly removed in accordance with state policy." (Objections p. 6). Petitioner essentially argues that the state trial court failed to properly apply CPL § 270.35(1), and that consequently there was no "manifest necessity" to declare a mistrial.*fn2 (Pet. Memo of Law [#2] pp. 8-9). Alternatively, Petitioner contends that the trial court's determination that Pearce was "grossly unqualified" was based on an unreasonable determination of the facts. The Court disagrees with both arguments.
As already discussed, Justice Mark removed Pearce pursuant to CPL § 270.35(1), which states, in relevant part, that [i]f at any time after the trial jury has been sworn and before the rendition of its verdict . . . the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case or has engaged in misconduct of a substantial nature . . . the court must discharge such juror.
McKinney's CPL § 270.35. Interpreting this provision, the New York Court of Appeals has held that "the standard for disqualifying a sworn juror over defendant's objection (i.e., 'grossly unqualified') is satisfied only when it becomes obvious that a particular juror possesses a state of mind which would prevent the rendering of an impartial verdict." People v. Buford, 69 N.Y.2d 290, 298, 514 N.Y.S.2d 191, 195 (1987) (citation and internal quotation marks omitted). Petitioner maintains that Justice Mark failed to apply this standard, and instead "reflexively removed" Pearce from the jury based upon her failure to answer the pertinent questions during voir dire. However, this argument finds no support in the record. Justice Mark, as well as the prosecutor and defense counsel, questioned Pearce at length, and her answers indicate not only that she was almost certainly biased against the prosecution, but also that she felt free to disregard the court's instructions.
Petitioner appears to place great emphasis on Pearce's insistence that she was impartial. However, Justice Mark, being in the best position to observe Pearce and make a factual determination as to her credibility, obviously disbelieved her. That determination is entitled to great deference. In any event, the record amply supports the finding that Pearce was grossly unqualified. As just one example of Pearce's lack of candor, she initially indicated that she did not recall being asked the pertinent questions, only to admit later that she decided not to answer the questions because she did not think they were important. Nevertheless, during jury deliberations Pearce relied on the withheld information to suggest to her fellow jurors that Petitioner's statement to police was coerced. The Court therefore concludes that Justice Mark neither abused his discretion nor made an unreasonable determination of the facts.
The Court has conducted a de novo review of the Report and Recommendation and finds no error. Consequently, Petitioner's Objections [#10] are denied, and Magistrate Judge Bianchini's Report and Recommendation [#9] is accepted. Petitioner's application for a writ of habeas corpus is denied, and this action is dismissed. Because Petitioner has not made a substantial showing of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2), the Court declines to issue a Certificate of Appealability. The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure.
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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 2, 2009
IN THE MATTER OF JACQUELYN KREINHEDER, AS ADMINISTRATRIX OF THE ESTATE OF LEAH JONES-KREINHEDER, DECEASED, PLAINTIFF-RESPONDENT,v.MATTHEW WITHIAM-LEITCH, M.D., ET AL., DEFENDANTS,DENNIS M. WEPPNER, M.D., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered February 19, 2009 in a medical malpractice action. The order, insofar as appealed from, denied the motion of defendant Dennis M. Weppner, M.D. for summary judgment.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Plaintiff commenced this medical malpractice action as administratrix of the estate of her daughter (decedent) seeking damages for the wrongful death of decedent as a result of injuries that occurred during her birth. Dennis M. Weppner, M.D. (defendant) moved for summary judgment dismissing the complaint against him contending, inter alia, that he was not in any way involved in the delivery of decedent. We conclude that Supreme Court properly denied the motion inasmuch as defendant failed to meet his initial burden of establishing his entitlement to judgment as a matter of law. Although defendant asserted in a supporting affidavit that he did not play any role in the delivery, that he did not recall reviewing a fetal monitor strip, and that he did not consult with one of the co-defendants, the medical records submitted in support of the motion in fact describe defendant's involvement in the delivery on three occasions and otherwise contradict the statements in defendant's affidavit (see Brown v LaFontaine-Rish Med. Assoc., 295 AD2d 167; Gomez v Doctors Med. Ctr., 266 AD2d 506; Rotundo v S & C Magnetic Resonance Imaging, 255 AD2d 573). Contrary to defendant's contention, we further conclude that there are triable issues of fact whether there was an implied physician-patient relationship between defendant and decedent (see Campbell v Haber, 274 AD2d 946, 946-947).
Even assuming, arguendo, that defendant met his initial burden on the motion, we conclude that plaintiff raised a triable issue of fact with respect to defendant's participation in the allegedly erroneous interpretation of the fetal monitor strip and the allegedly negligent delivery (see generally Zuckerman v City of New York, 49 NY2d 557, 562). Plaintiff submitted the deposition testimony of a physician who is also a named defendant in which he testified that he consulted with defendant concerning the fetal monitor strip shortly before the delivery and that he called for defendant to assist with the delivery after decedent's head had been delivered and he had determined that there was a shoulder dystocia. Plaintiff also submitted the deposition testimony of the attending nurse, who testified that she was certain that defendant attended the delivery after he was called to the delivery room to assist the aforementioned physician.
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