text:
Check in from 12h / Check out prior to 12h
Ibis Sao Paulo Paulista: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Sao Paulo, Brazil.
Ibis Sao Paulo Paulista offers a comfortable setting when in Sao Paulo. It is moments from Rua Augusta, restaurants and nightlife options.
Hotel description
There are a range of amenities on offer to guests of Hotel Ibis Paulista Sao Paulo, including valet parking, meeting rooms and a 24-hour reception. Wi-Fi is also available.
Every comfortable room at Ibis features wireless internet access, newspapers and a fax machine, plus all the necessities required for an enjoyable stay. A shower, a hair dryer and cable/satellite channels are also provided.
The hotel serves breakfast each morning, and has a bar where guests can relax with a drink. There is also the added convenience of an in-house restaurant.
Sao Paulo's popular attractions and landmarks are within close proximity to Ibis, with the Sao Paulo Museum of Art only a 10-minute stroll away. Consolacao Metro Station is just a two-minute walk, connecting guests with the rest of the city.
Hotel features
Restaurant, Pet Friendly, Cable / Satellite TV, Hair Dryer, TV, Shower, Coffee Shop/Cafeteria
Business Center, Elevator / Lift, 24 Hour Reception, Safe-Deposit Box, Wake-up Service, Meeting Rooms, Photocopier, Facsimile
Tour Desk
Internet Connection (wireless)
Valet Parking
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
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text:
Golden Tulip Opera De Noailles
Select your stay dates to check availability at Golden Tulip Opera De Noailles
Golden Tulip Opera De Noailles
About the Hotel
Property Location
Golden Tulip Opera De Noailles is in the heart of Paris, walking distance from Opera Comique and Paris Opera. This 4-star hotel is close to Notre Dame Cathedral and Arc de Triomphe.
Make yourself at home in one of the 56 individually decorated guestrooms, featuring minibars and flat-screen televisions. Complimentary wireless Internet access keeps you connected, and digital programming is available for your entertainment. Private bathrooms with showers feature rainfall showerheads and complimentary toiletries. Conveniences include phones, as well as safes and desks.
Pamper yourself with onsite massages and body treatments. You're sure to appreciate the recreational amenities, including a sauna and a fitness center. Additional features at this hotel include complimentary wireless Internet access, babysitting/childcare (surcharge), and a fireplace in the lobby.
Take advantage of the hotel's room service (during limited hours). Quench your thirst with your favorite drink at a bar/lounge. Breakfast is available daily for a fee.
Business, Other Amenities
Featured amenities include a 24-hour business center, complimentary newspapers in the lobby, and a 24-hour front desk. Planning an event in Paris? This hotel has facilities measuring 431 square feet (40 square meters), including a meeting room. A roundtrip airport shuttle is provided for a surcharge (available 24 hours).
Hotel Facilities
- 24-hour business center
- Number of floors - 6
- Luggage storage
- 24-hour front desk
- Babysitting or childcare (surcharge)
- Number of buildings/towers - 1
- Computer station
- Fitness facilities
- Television in common areas
- Conference space size (meters) - 40
- Conference space size (feet) - 431
- Airport transportation (surcharge)
- Free WiFi
- Fireplace in lobby
- Year Built 1900
- Multilingual staff
- Elevator/lift
- Coffee/tea in common areas
- Garden
- One meeting room
- Sauna
- Use of nearby fitness center (discount)
- Breakfast available (surcharge)
- Porter/bellhop
- Smoke-free property
- Free newspapers in lobby
- Bar/lounge
- Total number of rooms - 56
Room Facilities
- In-room childcare (surcharge)
- Rainfall showerhead
- Free newspaper
- Hypo-allergenic bedding available
- Hair dryer
- Premium bedding
- Connecting/adjoining rooms available
- In-room massage available
- Individually decorated
- Digital TV service
- Blackout drapes/curtains
- Slippers
- Flat-panel TV
- In-room safe
- Air conditioning
- In-room climate control (air conditioning)
- Room service (limited hours)
- Phone
- Desk
- Shower only
- Soundproofed rooms
- Free toiletries
- Minibar
- Private bathroom
- Individually furnished
- Daily housekeeping
- Free WiFi
Hotel Policy
National Rating
This property has received its official star rating from the French Tourism Development Agency, ATOUT France.
Know Before You Go
- This property offers transfers from the airport (surcharges may apply). Guests must contact the property with arrival details 24 hours prior to arrival, using the contact information on the booking confirmation.
- Up to 2 children 12 years old and younger stay free when occupying the parent or guardian's room, using existing bedding.
- The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
- Guests can arrange to bring pets by contacting the property directly, using the contact information on the booking confirmation (surcharges apply and can be found in the Fees section).
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- Breakfast fee: between EUR 9.00 and EUR 18.00 per person (approximately)
- Airport shuttle fee: EUR 120 per room (roundtrip)
- Pet fee: EUR 15 per pet, per day
- Rollaway beds are available for an additional fee
The above list may not be comprehensive. Fees and deposits may not include tax and are subject to change.
Mandatory Fees and Taxes
You'll be asked to pay the following charges at the property:
- A tax is imposed by the city: EUR 2.48 per person, per night
We have included all charges provided to us by the property. However, charges can vary, for example, based on length of stay or the room you book.Show all hotel policy Show less hotel policy

subset: commoncrawl


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3700 W. 103rd Street
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92 West Vaughn Avenue
Gilbert, AZ 85233


text: Having posted recently about an attempt to purge swearing allegiance to the Queen from the Canadian Oath of Citizenship, I couldn't help but notice an article in The Guardian about Australia's Girl Guides dropping reference to Her Majesty in their pledge, or "promise" as it is properly called. The Guides have replaced "do my duty . . . → Read More: Bill Longstaff: Australia's Girl Guides drop the Queen … and God


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Saturday, December 10, 2016
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New Jersey Supreme Court
Decided: January 23, 1934.
ANNA TOSCANI AND JAMES TOSCANI, PLAINTIFFS-APPELLANTS,v.QUACKENBUSH COMPANY, DEFENDANT-APPELLEE
On appeal from the First District Court of Paterson, Passaic county.
For the appellants, Leopold Frankel.
For the appellee, Franklin J. Marryott.
Before Justices Parker, Lloyd and Perskie.
[112 NJL Page 173]
The opinion of the court was delivered by
PERSKIE, J. This appeal brings up for review a judgment of nonsuit granted by the trial judge, sitting without a jury, in favor of the defendant and against the plaintiffs. The facts are as follows: The plaintiff in this case Anna Toscani, a heavy set woman, was injured on November 14th, 1932, in falling while attempting to descend the stairs from the second to the ground floor in the store of the defendant. The negligence charged in the complaint, as causative of the accident, was that the stairway, fan shaped in character, was faulty in construction and that this alleged faulty construction was known to defendant. Proof was submitted that the stairway was constructed contrary to sections 249 and 297 of the
[112 NJL Page 174]
building code of Paterson. This code, as to the stairway involved, was adopted May 19th, 1930, and approved May 23d, 1930. It is argued that the stairway was part of the original construction of the building and was constructed prior to the passage of the building code. At all events it was shown that the tread of the stairway was short one and one-half inches of section 247 of the code applied and one-half inch short if section 297 of the code applied. The stairs were built narrower in the center than at the ends. The photograph of the stairs show a railing in the center and on each side thereof.
The court granted a nonsuit without giving any reason for so doing. It is true that in the case of Ippolito v. Ridgefield, 94 N.J.L. 97, our Court of Errors and Appeals, by Chancellor Walker (at p. 99), held, inter alia: "The trial judge gave no reason for his action in granting the nonsuit. This also is not in accord with approved practice." Nevertheless the reversal was not based on that ground. We do not choose, in the instant case, to regard the omission to state the reason for the granting of the nonsuit as reversible error.
We start out with the fundamental principle that in passing upon motions to nonsuit and to direct a verdict upon the ground that there was no evidence of the defendant's negligence, the court is not concerned with the credibility of witnesses nor with the weight of the evidence, but must take as true all evidence which supports the plaintiff's view and must give him the benefit of all legitimate inferences which may be drawn therefrom, in his favor; and where the evidence is such that reasonable minds may differ as to the fair conclusion to be drawn therefrom as to whether or not the defendant exercised reasonable care, a jury question is presented, and such motions must be denied. Lozio v. Perrone, 111 N.J.L. 549.
Taking as true all the evidence which supports the plaintiff's view and giving her the benefit of all legitimate inferences which may be drawn therefrom in her favor, it seems to us that reasonable minds cannot differ as to the fair conclusion to be drawn. The alleged negligence of the defendant is simply not present.
[112 NJL Page 175]
Assuming it to be a fact that the steps in question did not comply with the measurements provided in the building code, and that it is fairly inferrable that the stairs were in the building before the code was passed, it is well settled that penal statutes which gives no private action may nevertheless affect private rights upon common law principles applicable to the action of negligence. Evers v. Davis, 86 N.J.L. 197; Kelly v. Henry Muhs Co., 71 Id. 358; Guse v. Martin, 96 Id. 262; Doyon v. Massoline Motor Car Co., 98 Id. 540; McNamara v. Mechanic's Trust Co., 106 Id. 532; Reeves v. Prosser, 109 Id. 485, and Kuczko v. Prudential Oil Corp., 110 Id. 111.
Plaintiff offered to prove by a general contractor of twenty-odd years' experience in industrial, commercial and public works that the stairs were hazardous because of its faulty construction. This was undoubtedly done in order to bring the instant case within a recent case decided by Circuit Court Judge Lawrence. Predmore v. Dickerson, 11 N.J. Mis. R. 342; 165 A. 867.
The following questions were propounded to the builder, Mr. Stam:
" Q. Based on your experience, would you say that a winder such as the one in question here is a safe form of construction? Q. Mr. Stam, could you, as a builder, say that the design of the stairway was such as a reasonably careful judgment would disapprove as likely to cause accidents to those having occasion to use the stairway, in particular that part of the stairway right near the top of the landing, that is the second or third step?"
These questions were overruled. It is argued that this is reversible error. Is this so? As a matter of law, the propriety of the ruling by the court is not properly before us. No offer of proof, as to what the witness would testify, was made. Therefore the answers of the witness to these questions are conjectural. We are neither obliged nor are we permitted to indulge in guess work. It is quite obvious that since we do not have before us the testimony sought to be produced by the witness, that it is utterly impossible for us to determine
[112 NJL Page 176]
whether the rejection thereof injuriously affected the substantial rights of the plaintiff. (Paragraph 27, Practice act -- Pamph. L. 1912, ch. 231, p. 377 -- at p. 382.) Our Court of Errors and Appeals, in the case of Middleton v. Griffith, 57 N.J.L. 442 (at p. 451), in an opinion by Mr. Justice Lippincott, clearly established the proper practice on the subject-matter of the offer and the purpose for which evidence is offered. He held:
"The offer [112 NJL Page 215] of the agreement was intended to show satisfaction of the note. That was the only purpose in law it could have. Now, the offer of evidence frequently occurs in the progress of a cause, and with a statement for the purpose for which it is offered, and it is always subject to an objection for irrelevancy or immateriality. This method has the sanction of usage, and may be now regarded as a well regulated formula for obtaining a hearing upon the subject-matter of the offer and the purpose for which the evidence is offered. VanBuren v. Well, 19 Wend. 203. The trial court is bound to ascertain, as certainly as possible, if objection be made, that the evidence offered is material and relevant before it is received, and counsel must not leave it in an indefinite or doubtful shape, but are bound to inform the court of the facts expected to be proved, and how they are relevant, so that the court may act understandingly in relation to the admission of the evidence. 3 Wait L. & P. (5 th ed.) 474. And the offer must be so full and specific that its exclusion would be erroneous in any point of view; and whenever its competency or materiality depends upon the facts, they must be stated, and the offers must also be made to prove them, or it is not error to sustain the objection. It rests with the party making the offer to so state the facts that there shall be no doubt what is intended to be proved, for if the party so chooses he need not make any offer of evidence at all, but rely upon the evidence to be obtained from the witnesses as called. Carnes v. Platt, 4 Jones & S. 361; Keller v. New York Central Railroad Co., 2 Abb. De. 480; McGrath v. Bell, 1 Jones & S. 195; 2 Rum, Prac. 297; Bayliss v. Cockroft, 81 N.Y. 363."
[112 NJL Page 177]
Without an offer and purpose for which the evidence was offered appearing it was not error to exclude the answers to questions propounded.
Was the width of these stairs causative of the accident? There is no such proof in the instant case. It is elemental that causation must appear in any case based on negligence. The plaintiff must prove negligence. The plaintiff's own explanation of the accident was that she "just missed" her footing and fell. Surely, this is no proof of causation or negligence. We find no merit in any of the other specifications of determination with which appellants are dissatisfied in law.
Judgment is affirmed, with costs.
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UNION BANK OF INDIA RTGS HO Branch in CHENNAI - Address, IFSC, MICR Code
UBIN0549754MICR Code
T.S. KRISHNANAGAR BRANCHContact
R-32T N H B COMMERCIAL COMPLEX120 FT. ROAD MOGAPPAIR CHENNAI.City
What is IFSC Code of UNION BANK OF INDIA situated at T.S. KRISHNANAGAR BRANCH- RTGS-HO?
IFSC Code of UNION BANK OF INDIA situated at T.S. KRISHNANAGAR BRANCH - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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United States District Court, Northern District of California
April 28, 2003
PATRICK JOHN ARAGON, PETITIONER,v.TOM CAREY, WARDEN, RESPONDENT.
Petitioner was convicted by a jury on February 11, 1999, in the Superior Court of the State of California in and for the County of Contra Costa of possession of ephedrine with intent to manufacture methamphetamine. On the same day, the jury found true the enhancements related to three prior drug-related convictions. On June 17, 1999, petitioner was sentenced to an aggravated term of six years for the substantive offense and a consecutive term of three years for the first prior conviction enhancement. The court struck the remaining two enhancements.
Petitioner appealed his conviction to the California Court of Appeal, claiming that evidence of his prior convictions should not have been admitted during trial. The state court of appeal affirmed the conviction on July 20, 2000. A petition for review by the California Supreme Court was denied on September 27, 2000.
On September 8, 2000, while his petition for review was still pending, petitioner filed a state petition for writ of habeas corpus in the California Court of Appeal. The petition was denied on September 14, 2000, without prejudice to re-filing in the Contra Costa County Superior Court. Petitioner then filed a state petition for writ of habeas corpus in the superior court on the grounds that his trial counsel had been constitutionally ineffective by failing to inform him that his prior convictions could be admitted. An evidentiary hearing was held on March 12, 2001, after which the petition was denied from the bench. Finally, petitioner exhausted his pursuit of relief from the state courts by filing a petition for writ of habeas corpus in the California Supreme Court, which was denied without comment on November 28, 2001.
Petitioner then filed the instant petition for writ of habeas corpus under 28 U.S.C. § 2254. An order to show cause why a writ of habeas corpus should not be granted was issued to respondent on April 15, 2002. Respondent filed an answer. Petitioner then filed a traverse.
The California Court of Appeal summarized the facts of the case as follows:
Richmond Police Officer La Raunce Robinson testified
that on the night of September 22, 1998, he stopped
[petitioner], who was driving alone in a red Acura,
for driving without a license p late. On the passenger
seat next to [petitioner] the officer observed a
cellular phone and a pager that was vibrating and
moving around. At the officer's request, [petitioner]
consented to a personal search and to a search of the
car. Officer Robinson, who had been joined at the
scene by other officers and a canine unit, proceeded
to search [petitioner] and found $2,085 in cash. The
dog from the canine unit was trained in drug
detection, and was set free to search the car. The do
detected nothing in the interior of the car, but did
alert on a red and black duffel bag in the trunk.
Inside the bag the police found aluminum foil, a pie
cutter, Ziplock Bags, a portable scale, and a brown
paper bag containing a white crystal substance that
later tested positive for ephedrine or pseudoephedrine
weighing 22.22 grams. A forensic toxicologist later
testified that ephedrine is used in the manufacture of
There was another bag in the trunk with clothing and
other items, including several receipts with
[petitioner's] name on them. The dog alerted a second
time to the area around one of the car's brake
lights, behind which the officers found a brown bag
containing $8,000 in cash. The dog handler testified
that do was trained to alert to several illegal drugs
including methamphetamine, but not ephedrine. The
handler concluded there must have been a trace of an
illegal drug on the bag containing the ephedrine and
on the money.
The prosecution called two law enforcement experts
on methamphetamine manufacturing. Each was given a
hypothetical scenario paralleling [petitioner's]
case, and asked to form an opinion whether the
ephedrine was possessed for the purpose of
manufacturing methamphetamine. Both were of the
opinion that given the circumstances of the
hypothetical, the ephedrine was possessed for that
purpose. One of the experts testified the amount of
ephedrine found in the car was substantial, and could
be used to produce 11 grams of methamphetamine.
The defense also called an expert in the manufacture
of methamphetamine, who was given a hypothetical
similar to the one given the prosecution's experts and
asked to form an opinion regarding whether the
ephedrine was possessed with the intent to manufacture
methamphetamine. In his opinion it was "not convincing
or compelling . . . that it has to do with manufacture
of methamphetamine." He based his opinion in part on
the fact that many items necessary for the manufacture
of methamphetamine were missing, such as a cooker,
heater, boiler, thermostat and funnel. He also
testified that the quantity of ephedrine found was
enough to make $400 worth of methamphetamine, which
was the amount one might use in a week.
In addition to its expert, the defense called
[petitioner's] father, brother, and girlfriend. His
father, Gus Aragon, testified that [petitioner] lived
with him from September 1997 to September 1998. During
some of that time [petitioner] worked for All American
Roofing. [Petitioner] also worked for someone named
Kent, helping him fix up wrecked cars. Kent owned the
red Acura [petitioner] was driving when he was
arrested. [Petitioner] was working on the Acura for
Kent, and drove it sometimes, but he regularly drove a
truck his father had bought him.
[Petitioner's] brother, Steve Aragon, also lived
with his father. He testified that [petitioner] helped
do heavy work around the house, and worked for All
Amencan Roofing for the last half of 1997, earning
around $8,500. Starting in January 1998 [petitioner]
worked on cars for Kent Keating, who bought damaged
cars at auction and repaired them for resale. The
Acura was one of Keating's cars. Keating had dropped
the car off at [petitioner's] father's house several
times so [petitioner] could work on it, and
[petitioner] sometimes drove it. During this same time
period, [petitioner] was gambling in local card
rooms. About a week and a half before his arrest he
won $1,100.
[Petitioner's] girlfriend, Stacy Ann Darby,
testified that she saw [petitioner] three or tour
times a week, and that he almost always drove a
truck. he testified that [petitioner] worked for All
American Roofing, then for Kent Keating. She saw
[petitioner] driving the red Acura three or four
times. She also testified that [petitioner] gambled
frequently in a local casino, and that he "won a lot
the two days before" he was arrested.
On rebuttal, and over a defense objection, the
prosecution was allowed to p resent evidence of two
prior incidents involving [petitioner]. Richmond
Police Officer Mitchell Peixoto testified that on
March 23, 1995, he stopped [petitioner] for a traffic
violation. [Petitioner] was driving a truck registered
in his brother's name. A search of [petitioner]
uncovered 7 grams of methamphetamine in a Ziplock
bag, a pager, and $117 cash. A search of the truck
uncovered 2 more baggies containing 28 grams and 27
grams of methamphetamine and 17 empty Zip lock bags.
[Petitioner] admitted that the drugs belonged to him,
and not his brother. He was arrested for transporting
a controlled substance and possession for sale of
Pinole Police Officer David Spencer testified that
he stopped [petitioner] for a traffic violation on
August 11, 1994. The officer smelled marijuana and
asked [petitioner] if he had been smoking, which
[petitioner] admitted. [Petitioner] told the officer
that the pick-up he was driving did not belong to
him, and that he had been driving it only a few days.
He consented to a search, which uncovered an envelope
stuck in a hole in the driver's door, containing 23.9
grams of methamphetamine in a Ziplock bag.
[Petitioner] told the officer that he had borrowed the
car and had not noticed the envelope protruding from
the door panel. [Petitioner] was arrested for
possession for sale of methamphetamine.
After the two officers testified on rebuttal, the
trial court instructed the jury to consider their
testimony only for the purpose of showing
[petitioner's] intent or his knowledge of the nature
of the items found in the car, and not to show him to
be a person of bad character or criminal disposition.
I. Standard of Review
This court may grant a petition for a writ of habeas corpus "in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a).
The writ may not be granted with respect to any claim that was adjudicated on the merits in state court unless the state court's adjudication of the claim: "(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) 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." Id. § 2254(d).
"Under the `contrary to' clause, a federal habeas court may grant the writ if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently than [the] Court has on a set of materially indistinguishable facts." Williams v. Taylor, 529 U.S. 362, 412-13 (2000). "Under the `reasonable application clause,' a federal habeas court may grant the writ if the state court identifies the correct governing legal principle from [the] Court's decisions but unreasonably applies that principle to the facts of the prisoner's case." Id. at 413.
"[A] federal habeas court may not issue the writ simply because the court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable." Id. at 411. A federal habeas court making the "unreasonable application" inquiry should ask whether the state court's application of clearly established federal law was "objectively unreasonable." Id. at 409.
II. Legal Claims
Petitioner raises two claims: (1) that he received ineffective assistance of counsel because his counsel failed to advise him during plea negotiations that his prior convictions could be admitted even if he did not testify, and (2) that his due process rights were violated by the trial court's admission of evidence relating to his prior convictions.
A. Ineffective Assistance of Counsel
In order to prevail on an ineffective assistance of counsel claim, petitioner must establish two things. First, he must establish that counsel's performance was deficient, i.e., that it fell below an "objective standard of reasonableness" under prevailing professional norms. Strickland v. Washington, 466 U.S. 668, 687-88 (1984). Second, he must establish that he was prejudiced by counsel's deficient performance, i.e., that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id.
Petitioner has the burden of "showing" that counsel's performance was deficient. Toomey v. Bunnell, 898 F.2d 741, 743 (9th Cir. 1990). Similarly, he must "affirmatively prove prejudice." Strickland, 466 U.S. at 693. Conclusory allegations that counsel was ineffective do not warrant relief. Jones v. Gomez, 66 F.3d 199, 205 (9th Cir. 1995).
Judicial scrutiny of counsel's performance must be highly deferential. A court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance and the defendant must overcome the presumption that the challenged action might be considered sound trial strategy. Strickland, 466 U.S. at 689.
The Supreme Court has recognized that the Strickland standard for ineffective assistance of counsel applies in plea negotiations. Hill v. Lockhart, 474 U.S. 52, 57 (1985) ("the same two-part standard [in Strickland] seems to us applicable to ineffective-assistance claims arising out of the plea process."). Ineffective assistance of counsel may be found where there has been "`an incompetently counseled decision to go to trial.'" Turner v. Tennessee, 858 F.2d 1201, 1205 (6th Cir. 1988) (quoting Turner v. Tennessee, 664 F. Supp. 1113, 1120 (M.D. Tenn. 1987)).
In the instant case, petitioner initially indicated that he wanted to obtain private counsel; however, he was represented at his early state criminal proceedings by Oscar Bobrow from the Public Defender's Office. State Writ of Habeas Corpus Evidentiary Hearing Rep. Tr. (hereinafter "Habeas Rep. Tr.") at 5, 9, 25, & 56. During the time that Mr. Bobrow represented petitioner, the prosecution offered a plea bargain consisting of one year in county jail and three years of probation. Id. Mr. Bobrow conveyed the offer to petitioner and told him he thought he should take it. Id. at 6. Petitioner's response was that he didn't want to take the offer and that he wanted private counsel to take over the case. Id. at 11, 13, & 55-56.
Mr. Bobrow also indicated to petitioner that he couldn't testify because if he did, his prior convictions would probably be admitted at trial. Id. at 7. He did not indicate to petitioner that the priors could be admitted even if he did not testify. Id. at 8-9. At the state habeas evidentiary hearing, Mr. Bobrow testified that if he had the case longer, he would have looked in detail at the priors and would have been better able to advise petitioner regarding the admission of the prior convictions. Id. at 9.
At some point, petitioner retained Matthew Wilson as private counsel. Id. at 31-32. In a meeting with petitioner, Mr. Bobrow and Mr. Wilson present, Mr. Bobrow and Mr. Wilson reiterated the plea offer to petitioner and indicated their opinion that he ought to accept the offer. Id. at 32. They also told petitioner that if he testified at trial, his priors could be admitted. Id. at 33. Mr. Wilson did not indicate that his priors could be admitted if he did not testify. Id. at 35. Mr. Wilson told petitioner that if he went to trial and lost, he would get about a 10-year sentence. Id. at 47. Mr. Wilson outlined the potential defenses to petitioner's case and indicated that it was possible that he could successfully defend petitioner's case at trial. Id. at 34 and 36. Petitioner's response was that he was interested in hiring Mr. Wilson, that he did not, at that time, wish to accept the plea offer, and that he wanted to keep the offer open. Id. at 35-36 and 51. (He did not formally reject the offer at that time. Id. at 43.)
Mr. Wilson arranged with the prosecution to keep the plea offer open for a month, during which time Mr. Wilson investigated potential defenses. Id. at 35. The offer, in fact, stayed open for about six weeks, after which, petitioner rejected the offer. Id. at 44. At the time of the deadline for the offer, Mr. Wilson indicated again that he thought petitioner should take the offer, but he also indicated that the case was defensible. Id. at 52.
In McMann v. Richardson, 397 U.S. 759, 761-771 (1970), the Supreme Court considered whether counsel were ineffective by advising clients to plead guilty on the basis of prior confessions where the prior confessions may have been inadmissable due to coercion. The Court noted that
[c]ourts continue to have serious differences among
themselves on the admissibility of evidence. . . .
That this Court might hold a defendant's confession
inadmissible in evidence, possibly by a divided vote,
hardly justifies a conclusion that the defendant's
attorney was incompetent or ineffective when he
thought the admissibility of the confession
sufficiently probable to advise a plea of guilty. In
our view a defendant's plea of guilty based on
reasonably competent advice is an intelligent plea not
open to attack on the ground that counsel may have
misjudged the admissibility of the defendant's
confession. Whether a p lea of guilty is unintelligent
and therefore vulnerable when motivated by a
confession erroneously thought admissible in evidence
depends as an initial matter, not on whether a court
would retrospectively consider counsel's advice to be
right or wrong, but on whether that advice was within
the range of competence demanded of attorneys in
criminal cases.
The Ninth Circuit has noted that "where the issue is whether to advise the client to plead or not `the attorney has the duty to advise the defendant of the available options and possible consequences' and failure to do so constitutes ineffective assistance of counsel." United States v. Baylock, 20 F.3d 1458, 1465 (9th Cir. 1994) (quoting Beckman v. Wainwright, 639 F.2d 262, 267 (5th Cir. 1981)). However, it has also stated that "[c]ounsel cannot be required to accurately predict what the jury or court might find, but he can be required to give the defendant the tools he needs to make an intelligent decision." Turner v. Calderon, 281 F.3d 851, 881 (9th Cir. 2002). The Turner court found that the petitioner in their case had the necessary tools — he knew his case could result in a death sentence, he knew the terms of the plea offer, and he had time to think about it. Id. Even though Turner followed his counsel's advice in turning down the plea offer, the court stated that "counsel was not constitutionally defective because he lacked a crystal ball." Id. Petitioner in the instant case had all of the tools mentioned in Turner. He was informed that he could have a possible sentence of 10 years if he went to trial, he knew what the terms of the plea offer were, and he had six weeks to consider accepting the plea offer.
In denying petitioner's state writ of habeas corpus, the Superior Court concluded that it was not reasonable to expect petitioner's counsel to predict that the trial court would admit petitioner's prior convictions under California Evidence Code § 1101(b).*fn1 The court noted:
basically it's about[:] is the defense required to
advise the defendant of possible motions to be
presented by [] the People at the trial, likelihood of
ruling in People's favor on those motions prior to
preliminary hearing, and in this particular case in
looking at some cases the Court finds the answer to
that to be no, that this is not a motion that you
would expect in this type of a case. It's a drug
case. Usually those are discussed in sexual assault
cases and domestic violence cases, and this would be a
rather unusual case for that type of a motion.
Although a defendant testifying would be something
that would be more expected and something that the
defense attorney might address in an oral motion, but
the 1101(b) issue i[n] a drug case would not be in my
mind one that is expected which[,] certainly if not
presented in front of the defendant by defense
attorneys would deem them to be incompetent. I don't
think that to be the case. The defendant was told of
the risks [and] the evidence against him. He was told
to take the offer. He had acknowledged it, it was a
good offer. He knew if convicted he could face up to
10 years.
The information that was given to Mr. Aragon prior
to the preliminary hearing was one of the parameters
[t]hat competent attorneys would give, and it was
after the preliminary hearing when you would more
fully discuss 1101(b), any other types of issues that
would come into play, getting closer to the time of
trial when you might discuss those.
The Superior Court did not err in its conclusions. The trial record indicates that the judge's decision to allow the prior convictions was a hotly debated one. Trial Rep. Tr. at 8-32, 437-458, and 524-534. As the trial judge noted during his ruling denying a motion for a new trial, "I think the record is pretty complete that we did take a lot of time on this 1101(b) issue." Id. at 780. The judge also stated to the attorneys that
you both ought to know that I'm not happy with 1101(b)
evidence. I'm very concerned a bout ever allowing it
to come into evidence before a jury. But the law
indicates that there are times when it's appropriate.
And I found that it's appropriate and I am going to
allow it to come in. I don't like it but I'll allow it
to come in.
Even if this Court disagreed with the state court's rejection of petitioner's ineffectiveness claim, it cannot be said that the state court's application of Strickland was objectively unreasonable. See Woodford v. Visciotti, 123 S.Ct. 357, 360 (2002); Early v. Packer, 123 S.Ct. 362, 366 (2002). Petitioner is not entitled to federal habeas relief on this claim.*fn2
B. Admission of Prior Convictions
The California Court of Appeal determined that the trial court's admission of petitioner's prior convictions did not violate state evidentiary law. People v. Aragon, No. A087486, slip op. at 5-8 (Cal. Ct. App. July 20, 2000). It is not within this Court's power to review that determination. See Estelle v. McGuire, 502 U.S. 62, 67-68 (1991) ("[I]t is not the province of a federal habeas court to reexamine state-court determinations on state-law questions. In conducting habeas review, a federal court is limited to deciding whether a conviction violated the Constitution, laws, or treaties of the United States."); Jammal v. Van De Kamp, 926 F.2d 918, 919-920 (9th Cir. 1991) (same). However, this Court can make a determination regarding whether the admission of the priors violated petitioner's due process rights.
The Supreme Court has held that evidence of prior convictions, though prejudicial, can be admitted at trial without violating the Due Process Clause of the Fourteenth Amendment. See Spencer v. Texas, 385 U.S. 554, 561-569 (1967). In Spencer, the Supreme Court found that the admission of prior convictions during a one-stage recidivist trial did not violate constitutional rights. They noted that prejudice of the admission was outweighed by the valid state purpose of admitting the evidence for the purpose of sentencing. 385 U.S. at 561. In Estelle, the Supreme Court found that the admission of prior injuries to establish battered child syndrome was permissible because it was probative of the essential element of intent and thus relevant to an issue of the case. 502 U.S. at 69-70. Therefore, the admission of prior acts can survive due process scrutiny as long as they are admitted for a valid purpose, such as establishing an element of the charged offense.
Similarly, the Ninth Circuit has held that evidence admitted at trial violates due process "only if there are no permissible inferences the jury may draw from the evidence" and the evidence is "`of such quality as necessarily prevents a fair trial.'" Jammal, 926 F.2d at 920 (quoting Kealohapauole v. Shimoda, 800 F.2d 1463, 1465 (9th Cir. 1986)). In Jammal, the court held that admission of evidence that the habeas petitioner had $135,000 in the trunk of his car when he was arrested did not violate his due process rights because the evidence created the rational inference that $47,000 and drugs found in the trunk of a car stolen from the petitioner belonged to him. 926 F.2d at 919-20. Such "modus operandi" evidence allows the permissible inference of intent and identity of a defendant. See Colley v. Sumner, 784 F.2d 984, 990 (9th Cir. 1986) (similar method of sexual assault); Walters v. Maass, 45 F.3d 1355, 1357 (9th Cir. 1995) (similar method of luring attempted rape victims).
Admissible evidence need not directly infer the presence of an essential element of a charged offense; it is enough that it tends to make any fact relevant to an essential element more or less probable. McKinney v. Rees, 993 F.2d 1378, 1382 (9th Cir. 1993). In McKinney, however, evidence that the habeas petitioner was known to own and have an interest in knives was found to be admitted in violation of due process rights because the only inference was that the petitioner "was the type of person who would own a knife." Id. at 1382-1383. Such evidence was found not to be probative of opportunity for murder as alleged by the state. Id. at 1382. Similarly, evidence that petitioner had been seen wearing camouflage pants with a knife was found inadmissible to infer that, because petitioner was wearing the pants on the night of the murder, he was also wearing a knife the night of the murder. Id. at 1383.
In the instant case, the California Court of Appeal concluded that petitioner's prior convictions for possession for sale of methamphetamine were admissible to show that petitioner had the intent to manufacture methamphetamine from the ephedrine found in his possession. People v. Aragon, No. A087486, slip op. at 5-8. The court found that
a jury logically and reasonably could have inferred
the intermediate fact that the [petitioner], who was
twice arrested for possessing methamphetamine for
sale, knew ephednne was used in making the drug, from
which it could then reasonably infer the ultimate
fact: that he intended to manufacture methamphetamine
with the ephedrine in his possession. . . . [I]t was
not unreasonable in the present case to connect
[petitioner's] sale of methamphetamine to his
involvement in the preceding phase of manufacturing
the drug. . . . [I]t is not far fetched to infer that
one who has possessed methamphetamine for sale in the
past harbors a criminal, rather than an innocent,
intent when found in possession of a precursor to the
Finally, even if the admission of petitioner's prior convictions violated his due process rights, the admission was harmless error. On collateral review, a trial "error is harmless unless it `had substantial and injurious effect or influence in determining the jury's verdict.'" Garceau v. Woodford, 275 F.3d 769, 776 (9th Cir. 2001) (quoting Kotteakos v. United States, 328 U.S. 750, 776 (1946)). Here, there was ample evidence by which the jury could convicted petitioner even if it had not heard the prior conviction testimony. It cannot be have said that the prior convictions, coupled with a limiting instruction, had a substantial influence in determining the jury's verdict.
In summary, petitioner is not entitled to federal habeas relief on this claim because the state court's rejection of the claim was neither contrary to, nor an unreasonable application of, controlling federal law. See 28 U.S.C. § 2254(d).
For the foregoing reasons, the petition for a writ of habeas corpus is DENIED.
The clerk shall enter judgment in favor of respondent and close the file.
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March 18, 2010
STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,v.G.R., DEFENDANT-APPELLANT.IN THE MATTER OF M.R., C.R., AND F.R., MINORS.
On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Cape May County, Docket No. FN-05-30-08.
Argued October 20, 2009
Before Judges Skillman, Fuentes and Gilroy.
Defendant G.R. is married to C.R., the biological mother of three children identified here as Claudia, now sixteen years old, Maurice, now fourteen years old, and Frank, soon to be seven years old.*fn1 Only Frank is defendant's biological child. Defendant appeals from the order of the Family Part that found him to have abused two of his children in an action filed by the Division of Youth and Family Services (DYFS or Division) and that implicitly denied his application for a suspended judgment pursuant to N.J.S.A. 9:6-8.51. We affirm.
The Division's intervention into this family's affairs was prompted by an incident of domestic violence that occurred on September 2, 2007. Before this date, defendant and C.R. had been experiencing marital difficulties, leading to defendant's voluntary departure from the family residence. At approximately 7:00 p.m. on September 2, 2007, police officers responded to a 911 call made by C.R. alleging that G.R. had returned to the marital residence intoxicated and physically assaulted her, thirteen-year-old Claudia, and four year-old Frank.
We need not describe the particular details of the incident. Suffice it to say that the record shows that defendant entered the family residence highly intoxicated. Once there, he berated and physically assaulted his thirteen year-old stepdaughter. When C.R. attempted to intervene on Claudia's behalf, defendant physically assaulted C.R. and threw her cell phone against the wall to prevent her from calling the police. Defendant also struck his four year-old son across the face. The violence finally ended when C.R. ran out of the house with the children. At this point, defendant took the keys to C.R.'s van and, without her consent, drove away and crashed the vehicle.
Defendant was thereafter arrested and charged with third degree unlawful taking of a means of conveyance, N.J.S.A. 2C:20-10c; third degree resisting arrest, N.J.S.A. 2C:29-2(3); and three counts of simple assault, N.J.S.A. 2C:12-1a(1). He was released on bail twelve days later and ordered, as a condition of his bail status, not to have any contact with the "victim." C.R. initially filed a domestic violence complaint and obtained a temporary restraining order (TRO); she later requested that the court vacate the restraints.
The Cape May County Prosecutor's Office referred this case to DYFS on September 18, 2007. The Division investigator interviewed each of the children and both parents the following day. The children confirmed the events of September 2, 2007, but denied any prior incidents of violence. According to C.R., while she and defendant sometimes argued, which frightened the children, this "was the first time that this kind of thing ever happened." She also stated that defendant drinks for most of the day once every two or three weeks in the summer, but had no history of illicit drug use. C.R. stated that defendant had stopped drinking and was attending Alcoholics Anonymous (AA).
Defendant explained that he routinely drank once or twice per month and admitted to drinking on the day of the incident. Although he acknowledged that he had "crossed the limit this time," he claimed to have no recollection of what occurred between arriving home and crashing the car. The Division investigator advised the parties that defendant had to leave the marital home until otherwise directed. Both parents signed a Safety Protection Plan acknowledging the restriction.
On October 2, 2007, DYFS filed a verified complaint for care and supervision with restraints, alleging that the children had been abused and/or neglected as a result of the September 2, 2007, incident. DYFS directed defendant to contact a case worker for random drug screens and referred him to anger management counseling as well as intensive outpatient substance abuse treatment.
The matter first came before the Family Part on October 18, 2007. DYFS requested that legal custody and supervision of the children remain with the Division and asked for the continuation of restraints preventing defendant from entering the family residence and having unsupervised contacts with the children. DYFS also requested that the court order defendant to participate in Division-sponsored services; the Law Guardian joined in the Division's application.
Defendant, through counsel, requested that he be allowed to return home, or that C.R. be allowed to supervise his visitation with the children, particularly at church. He also requested that DYFS provide services for the children. Defendant's counsel characterized the incident of September 2, 2007, as an aberration brought on by alcohol abuse. Counsel emphasized that defendant intended to cease drinking and participate in alcohol abuse counseling.
The court entered an order which continued the restraints against defendant but permitted supervised visitations with the children once per week during church services. Neither the court nor counsel, including the Deputy Attorney General, made any reference to the "no contact" restrictions imposed by the Criminal Part as a condition of defendant's bail status on the pending criminal charges.
The matter returned before the Family Part on October 31, 2007. The court continued the restraints and directed defendant to: (1) comply with Division-sponsored substance abuse treatment; (2) submit to urine screening; and (3) attend AA meetings. The court entered an order memorializing these oral directions; counsel consented to the form of order off the record.
On April 14, 2008, the court held a fact-finding hearing as required under N.J.S.A. 9:6-8.44. DYFS offered into evidence its investigation report and the police report of the September 2, 2007, incident prepared by the Ocean City Police Department. Defense counsel advised the court that, although she did not object to the admission of the two documents, she expected that the court would not consider any hearsay statements in determining whether defendant had committed an act of abuse or neglect. Counsel also informed the court that given the pending criminal charges, defendant could not stipulate to having committed an act of abuse or neglect.
Despite these reservations, defense counsel indicated her willingness "to agree that the documents the Deputy [Attorney General] is entering [into evidence] today do[ ] make a showing of abuse or neglect as defined by the statute and primarily our only request today would be that a suspended judgment be entered." Both DYFS and the Law Guardian opposed defendant's application for a suspended judgment.
It was only at this point that the court became aware of the bail restrictions imposed by the Criminal Part. In order to avoid any possibility of conflicting orders, the court amended its prior order to conform to the "no contact" provision of the bail restriction. The court then advised the parties that pursuant to Rule 5:12-6(a)(1), it was notifying the prosecutor's office of its intent to assert jurisdiction over defendant's future contacts with the children. The court declined to rule on defendant's application for a suspended judgment on that day and rescheduled the matter for April 23, 2008.
When the case returned to the Family Part on April 23, 2008, defendant's assigned criminal counsel appeared in addition to the other attorneys previously associated with the case. In lieu of a personal appearance, the county prosecutor advised the court in writing that it would not oppose the vacation of the "no contact" restraints, provided that some form of supervised visitation would take its place. After hearing from all attorneys present, the court vacated the restraint, and allowed defendant to reunite with his family.
The court found that defendant had committed an act of abuse or neglect by engaging in acts of domestic violence in the presence of the children and by striking Claudia and Frank. The court denied defendant's application for a suspended judgment, citing the details of the domestic violence incident as described in the police report and a statement attributable to defendant contained in a substance abuse evaluation report dated February 25, 2008, in support of its decision. In the substance abuse evaluation report, defendant criticized the Division's involvement in this matter and described himself as a victim of a culturally insensitive judicial system. The court viewed this evidence as indicative of defendant's failure to accept full responsibility for his actions.
Against these facts, defendant argues that the trial court erred in denying his application for a suspended judgment. We start our analysis of this issue with the statute that created the suspended judgment.
a. At the conclusion of a dispositional hearing under this act, the court shall enter an order of disposition: (1) suspending judgment in accord with section 32 hereof; (2) releasing the child to the custody of his parents or guardian in accord with section 33 hereof; (3) placing the child in accord with section 34 hereof; (4) making an order of protection in accord with section 35 hereof; (5) placing the respondent on probation in accord with section 36 hereof; (6) requiring that an individual found to have abused or neglected a child accept therapeutic services, and this order may be carried out in conjunction with any other order of disposition.
b. The court shall state the grounds for any disposition made under this section.
In New Jersey Div. of Youth & Family Servs. v. R.M, ____ N.J. Super. ____ (App. Div. 2010) (slip op. at 2), we recently had occasion to review the origins of this statute, and as a result, were able to articulate certain guiding principles for its application. First, as is the case with all decisions that involve the exercise of discretionary authority by the Family Part, we are bound to give great deference to a determination made by a Family Part judge either to grant or deny an application for a suspended judgment. Id. at 9. Second, a suspended judgment is merely one of six mutually exclusive dispositional options available to the Family Part once the dispositional hearing is completed. Id. at 12. Finally, and perhaps most importantly from a defendant's point of view, a suspended judgment does not lead to the expungement of the underlying finding of child neglect. Id. at 20.
Applying these principles to the facts here, we are satisfied that the trial court's decision to reject defendant's application for a suspended judgment did not constitute a mistaken exercise of its discretionary authority. The trial court properly considered the underlying facts of the incident that led to DYFS' involvement, as well as defendant's minimization of the incident and deflection of personal responsibility for his behavior, as factors militating against utilizing this dispositional option.
Notwithstanding our approval of the trial court's decision denying defendant's application for a suspended judgment, we are satisfied that, as was the case in R.M., defendant's application for this relief at the end of the dispositional hearing was essentially moot because the court returned the children to the custody of their parents and directed that DYFS continue to provide services as needed. Id. at 19-20; see also N.J.S.A. 9:6-8.51(a)(2). Defendant's remaining arguments concerning the court's initial failure to adhere to the procedural requirements outlined in Rule 5:12-6 are also moot.
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3 Days in Philadelphia
Guide to Philadelphia Outdoors
Philadelphia Off the Beaten Path
This is the best Greek salad that I've ever had. The fresh feta cheese and grilled chicken is plentiful. Salad dressing home made. Their salads are big enough for two people. Probably recommend for lunch.
Background: After a day of walking (6 miles or so), we were advised to try The Greek Lady, as the curly fries rank in Philadelphia's top tier, though obviously below the goddess Aphrodite!
Verdict: The huge portion of crisp curly fries and lamb gyro hit the spot and didn't break the bank. Would eat here again if we were in...
We had a short stay at CHOP, and although the cafeteria there is pretty good, we wanted something better. All the nurses raved about The Greek Lady and we were not disappointed. Gyros were great, quick delivery right to the front entrance! Highly recommend!
Stopped by here for a quick dinner and had a yummy lamb gyro. My boyfriend ordered a chicken platter that came with excellent hummus, he even had chicken leftover to take home.
Lots of food for pretty cheap prices. A go-to for college students living in the area. The gyros are good, not great. The fries are also good, not great. Surprisingly, they have a pretty good brunch.
We have eaten here several times and we go back because of the location, not the food. It's counter order, then you go sit. You sit forever while a waitress walks around the resturant trying to find you. Food is OK, nothing special, prices are kind of high for the portion size, and the fact you eat with plastic silverware.
The Greek lady has a great first cheesesteak no matter what type of cheese it also has a great chicken Caesar salad. I give it a ☆☆☆☆☆ rating as the best food of West philly
I got the house gyro. It was a good portion, and the pita and tzatziki were just as I like them. I just wasn't a fan of the meat (too dry), and in the end that overpowered my opinion of my dish. The french fries within the gyro were a good idea, but I wish they could have been crispier....
This is a typical campus restaurant with decent food. The portion sizes are extremely large; so large in fact that you can almost get 4 meals out it. Overall thought, every meal I have ever eaten here was good, not special but solid good. Great if you are on a budget and need leftovers.
My son's college baseball team was playing UPenn and we wanted to supply lunch between the doubleheader. We worked with the staff at the Greek Lady and found them to be very helpful and willing to work with us. At the last minute we had to move up the delivery time by one hour and they were still able to...
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- Samsung
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Comments about Samsung - SGH D-807 Cell Phone:
This is the best phone I have ever had. I have had several razor phones along with a couple other kinds and every one of them has broken but not this phone. I have flung this phone across the room and into walls i dont know how many times and it has never broken and barely has any scartches on it. It is very easy to use and understand. It has a lot of features other phones dont have like the numbers change colors. I just love it.
Comments about Samsung - SGH D-807 Cell Phone:
This phone is very average in its features. It doesn't offer much of anything special that any other average cell phone doesn't offer. I find that it does not get as good of reception as some of the other phones that I've owned. The funtionality of the music player is spotty. Sometimes it will just decide not to read certain music files that it had played played fine only a day or two before. The bttery lasts fairly long,and it looks OK, but there isn't much else positive abut this phone.
Comments about Samsung - SGH D-807 Cell Phone:
this phone does just about everything I need it to do. I text all the time because I never know when my friends are in class. It's a slider so you don't push buttons by accident and call someone without knowing it but it's small enough to fit in my back pocket without a problem. I've been using it for about a year and have never had any problems with it at all. The battery holds a charge forever and I love the games and other options. This is the 3rd Samsung phone that I have owned and never had any problems with any of them. I highly recommend the brand.
Comments about Samsung - SGH D-807 Cell Phone:
I've had this phone for about a year and a half now, so I'm familiar with all its quirks, downsides, and all, but I am still a big fan of it.Its the little things that make it fun to own: the little sound effect (which you can turn off) that sounds when you slide it open, the solid 'kthunk' feel when it opens and shuts, the small but comfortably weighted feel of it, the great color of the screen, and its black and chrome (also comes in white, which I've heard is also very nice) with backlit button stylings. Add very practical pros to it, like bluetooth, decent call quality, quick access buttons, (voice dialing hasn't worked so well for me), long battery life, good construction, and its a phone that's very functional and practical, yet fun to use at the same time. Its not perfect though. If you've got it in your pocket all the time, and you tend to get bits of sand or whatnot in your pocket a lot, you may experience what I did: a few months in little bits of dust somehow got into my screen, so a little area of about 1/10 of my screen towards the bottom is marred by little dust particles trapped in there. The other nuisance is holding it up to your ear. Its a bit complicated to try to explain why it feels awkward holding this slider phone to your ear, so I encourage you to go to a cingular or ATT store, or whatever other carrier might carry this and try it for yourself. I prefer using the phone with a bluetooth headset when possible. As for reception, it's worse than my old cell phone, but only at my apartment, which may be due to cingular/ATT's network coverage here. Generally though call quality is great.
Comments about Samsung - SGH D-807 Cell Phone:
The D807 from Samsung is a great slider phone with a lot of features. The screen is very large and vibrant, the sound quality is great, and battery life is quite reasonable. One of the only cons to this phone is that in order to use the headphones, you have to use the proprietary Samsung headset due to the type of jack. This is also the same jack that charges the phone, so you can't listen to music or use the headset while the phone is charging.
Overall, I love this phone. My husband fell in love with it too, so much that he nabbed one for himself when it came time for him to upgrade his phone. I highly recommend this!


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Jathi Malli is a 1993 Indian Tamil language movie directed by K. Balachander starring Kushboo, Nassar, Vineeth, Mukesh and Yuvarani.
The story begins with Kushboo a Ghazal Singer who visits a hill station to try and forget the murder of her mother who was very close to her. She meets Mukesh who is a taxi driver. He shares his own pain regarding his father murdering his mother and siblings in a drunken rage. Horrified by this story, Kushboo starts thinking less of her own loss. A situation arises that Kushboo starts living in house as a paying guest and their relationship remains aloof in spite of mutual admiration.
They also run into two lovers Vineeth and Yuvarani who call themseleves Moscow and Berlin. They are from two different religions, Hinduism and Islam. It is not revealed as to who is Muslim and who is Hindu. And they inform that they eloped as they wanted to defy their parents concept of marriage. The pesky lovers try to bring Kushboo and Mukesh together. They also move into the house of Mukesh but are closer to Kushboo who comes out of her depression regarding her mother's death.
Kushboo later finds that Mukesh's story regarding his families fate is entirely fabricated and he hails from a very affluent family. He confesses that he lied to make her understand that some people have huger tragedies than what she saw in her life. He could not live with his family as they were having too many properties and inheritance fights and so, he decided to forfeit his inheritance entirely and lead a simple life as a taxi driver.
Later a rich North Indian man pays a lot of attention to Kushboo and shows that he constantly listens to her music. Mukesh gets jealous of their constant chit chat in Hindi and regarding Ghazals and Kushboo leaves the house after a fight. She finds that her patron almost keeps her in house arrest and expects her to be his mistress. Kushboo wants to go back to Mukesh. The younger couple, Moscos and Berlin, try to help the older couple to get together.
When caught by the rioters, Moscow and Berlin ask the rioters to find their religion from their blood. The city is in strict curfew and are injured in gunfire. They bring the older couple together before dying in each other's arms.
Directed by K. Balachander
Produced by Rajam Balachander & Pushpa Kandaswamy
Written by K. Balachander & Ananthu
Starring Mukesh, Kushboo, Nassar, Vineeth, Yuvarani
Music by Maragadha Mani
Cinematography Raghunatha Reddy
Edited by Ganesh Kumar
Production Kavithalayaa Productions
Distributed by Kavithalayaa Productions
Release dates 14 January 1993
Country India
Language Tamil
Download Jathi.Malli.1993.Tamil.DvDRip.AYN.XviD.AC3.Subs.MeN [www.MaJaa.Mobi].rar from OxFiles.com
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Disability.gov's Benefits section provides a broad range of resources about Social Security disability benefits and assistance programs and services for people with disabilities, seniors and their families. You may also wish to read the February 2015 edition of the Disability Connection newsletter which discusses, "Ten Things You Should Know about Social Security Benefits." In addition, we have developed this guide to connect you to programs, services, and government agencies that provide disability benefits for people with disabilities, including children and Veterans.
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For more information about the Social Security Administration (SSA) and how to apply for benefits, speak to a representative by calling at 1-800-772-1213 (TTY: 1-800-325-0778). Remember, SSA also offers many online services.


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The Milwaukee 49-54-0740 model Lock-Face Routing Template Guide Assembly is a part of the Router Series. This guide is precisely constructed from machined, rust-resistant steel for years of accurate, reliable operation. It fits well with most popular routers equipped with a 1-3/16" center hole sub-base.
|Milwaukee Electric Tool
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And yet, the BoA article clearly indicates what's happening in the real world!<quoted text>Socialism was the cause not pure Capitalism which would reject the Government's involvement and now it is harder for low Income people to get mortgages now thanks to Socialism which I told you that the Federal Reserve requested changes to the CRA and again its not pure Capitalism when the Federal Government is allowed to interfere economically that is Socialism and it tells me you are one of those that the Federal Government here in US has believing that American Capitalism is actually pure Capitalism and its not pure Capitalism just Capitalism in name only and just a hybrid form of Socialism as Karl Marxs would call it that mimics certian aspects of pure Capitalism but not true pure Capitalism.
In this article, you'll explore capitalism: its roots, principles and effects, benefits and shortcomings. We'll find out how capitalism compares to the alternative method of doing business. Incidentally, the United States doesn't actually practice capitalism. No one does these days.
In pure capitalism, things like child labor laws, Social Security, anti-discriminatory hiring practices and a minimum wage have no place. Capitalism rejects all government intervention in economic matters.
Have you heard? JPM is now being investigated by the SEC for the same mortgage fraud!
Seems to me capitalism is at work again!


text:
60 min
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Follows Ellen Page and Ian Daniel as they set off to explore LGBT cultures around the world. From Japan to Brazil to Jamaica to the USA, the two meet some fascinating people during their travels and hear their stories.
Starring : Ian Daniel, Ellen Page,
Genres : Documentary,
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There are millions of Internet-Servers daily hacked from the same hand full of Hackers.
Every Webmaster has the same problems with Hackers, Intruders, Attackers and Spammers, but nobody is fighting against these Terrorists.
Should that then go on forever?
No, we are fighting against Hackers, Intruders, Attackers, Spammers, Cyber Terrorists and 188.8.131.52!
Tue, 06 Dec 2016 02:50:35 GMT - Actual more as 21.000.000 Hackers in our Database. (The newest 100 are displayed on the Globe and Map)
Detail informations for IP
WebServer Output: http://126.96.36.199
☎ Whois 126.96.36.199
HTML Markup Validation 188.8.131.52
The Web Site Header: 126.96.36.199
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Reputation of 22.214.171.124
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DNS Records 220.127.116.11
Bad Neighbor IPs of 18.104.22.168
145 bad neighbor IPs are known!


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3 Pins0 Followers
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text:
Avon Advanced Techniques Color Reviving Shampoo Reviews
- Other Shampoos:
- Average: 4.3
- High: 5.0
- Brand:
- Avon
Read 7 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 7 customers
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Comments about Avon Advanced Techniques Color Reviving Shampoo:
Avon's AT shampoo, changed the way I look at hair care in the mornings. I used to suffer from hair that always seemed to be out of control. After I started using AT color reviving shampoo, my color stays longer, my natural curley hair minds it's own business better and I am out the door much quicker.
Comments about Avon Advanced Techniques Color Reviving Shampoo:
I have been using this shampoo for about 3 years now. I have never had a shampoo keep my color so well. The price is usually good as it is on sale often. I really like this stuff. I also use the conditioner after shampooing. I dye my hair with red highlights that can be hard to keep the color, and even my hair dresser is amazed at how well it stays in.
Comments about Avon Advanced Techniques Color Reviving Shampoo:
Avon's Advance Techniques Color Reviving Shampoo. I have been using this shampoo for several years now and I love it. I get my hair done every three months and my hair dresser says my hair looks so healthy. She wants to know what I use and when I tell her she can't believe it.
I swim almost everyday and the shampoo doesn't strip any color away just takes the chlorine out and leaves my hair soft and shiny.
I could spend more but why!
Comments about Avon Advanced Techniques Color Reviving Shampoo:
I have been using this shampoo for years and it really does help my color stay longer. I have switched shampoos to other brands like loreal's color saving shampoo and none of them work like this one. My color can last up to two months and with other brands it seems like it only last two weeks. I like the smell. It is easier to buy products from the store but I find it worth it to go through Avon because for the price you are getting a product that is just as good as the expensive ones that come from the salon. You really can't go wrong with this shampoo if you color your hair.
Comments about Avon Advanced Techniques Color Reviving Shampoo:
Oh, Avon. Your bubble baths and makeup can usually pass as a great, inexpensive alternative to the pricer options available everywhere. Oh, and there's the convenience of your representatives' delivery to my front door. But shampoo for color treated hair is one place you just don't measure up.
This shampoo doesn't do much but clean my hair each day. In fact, upon using it, I've found that my color fades pretty quickly. Being in college (and away from my hairdresser for months at a time), I need something that's both inexpensive, in a big bottle, and can save my hair in between colorings. Unfortunately, Avon's colored hair shampoo doesn't do much but save me money. My hair loses its color within one month, leaving it barely clinging to the expensive dye job for much of my semester. The bottles also don't hold up - I find my shampoo bottle caving in on itself within three squirts of shampoo!
However, it isn't all bad. For the price, it does a decent job cleaning my hair. According to my boyfriend, it also makes my hair smell great, and he notices (and doesn't like it) when I switch shampoos. Additionally, my hair is generally soft with each use. I find that the softness stays through most of my days.
For the price, it's a fine shampoo. Just don't count on it to really restore your color or bring out the best in your hair.
Comments about Avon Advanced Techniques Color Reviving Shampoo:
I recently switched the advanced techniques shampoo and conditioner I use from Avon to the Color Reviving Shampoo from the Blonde brand from Avon Advance Techniques. I noticed the blonde brand was making my hair so dry, I could see why you needed the conditioner in the tube to use with it, the blue stuff, that runs out really quick is the only way you could moisturize after that shampoo to get your hair managable agan. I tried the color techniques hoping that it would be better than the other I was using. It is better in terms of not drying out your hair, but I am still not seeing the amazing results that it promises to give to help your colored hair. I still prefer the other store brands on this Avon product. The conditioner that comes with it will not leave your hair silky smooth as promised either. This is just a combo I probably will not purchase again. I am looking for something that makes my hair shine and silky. This product just did not follow through on this.
Comments about Avon Advanced Techniques Color Reviving Shampoo:
I recently colored my hair, after it had been quite a while. My color is great, and I want to protect it, so I tried Avon Advance Techniques Color Care Shampoo. First, the scent is wonderful- smells just like what they use in the salon (which I think is Redken). It's very creamy and makes a great lather. You don't need to use a ton, either, making it a better deal. I like how clean and soft my hair feels after it's washed in this shampoo. I can trust that my color is going to stay true with this product. There is a matching conditioner that I use as well. Combined, these are a great choice for anyone with color treated hair. I recommend leaving the shampoo on for just a minute so it soaks into all of your hair. Then rinse and immediately apply the conditioner. Your hair will look and smell great- which always makes me feel better. I noticed my hair also styles really nicely when I use this shampoo!


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November 1, 2012
JOHN PHILIP SIMON, PETITIONER,v.SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS, RESPONDENTS.
The Court will dismiss the action summarily because none of Petitioner's claims has been exhausted in the state supreme court, as is required for habeas relief. See generally 28 U.S.C. § 2254(b).
Generally, Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts provides that "[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court, the judge shall make an order for its summary dismissal and cause the petitioner to be notified." More specifically, the Ninth Circuit has held that a district court presented with an entirely unexhausted petition may, or even must, dismiss the action. Raspberry v. Garcia, 448 F.3d 1150, 1154 (9th Cir. 2006) ("Once a district court determines that a habeas petition contains only unexhausted claims, it need not inquire further as to the petitioner's intentions. Instead, it may simply dismiss the habeas petition for failure to exhaust."), citing Jimenez v. Rice, 276 F.3d 478, 481 (9th Cir. 2001) (district court is "obliged to dismiss [an entirely unexhausted petition] immediately" once respondent moves for such dismissal).
Petitioner is civilly confined at Atascadero State Hospital. He asserts five claims. With the exception of Claim 1, he admits that he has submitted none of them to the California Supreme Court for a decision, either on direct review or on habeas. See Pet. ¶ 8(b), (c), (d), (e).
Nor is Claim 1 exhausted. Although Petitioner checks a box indicating that he raised Claim 1 in the California Supreme Court on direct review and on habeas, he did not actually do so, according to the Court's search of a public database (http://appellatecases.courtinfo.ca.gov/search.cfm?dist=0). The Court takes judicial notice of the results of the search for Petitioner's name. "John Philip Simon" is not a litigant in any California Supreme Court cases. A search for "John Simon," with no middle name included in the search parameters, yields six results in that court. In the only California Supreme Court case that Petitioner, as opposed to a different person named John Simon, appears to have brought, Petitioner presented a claim unrelated to Claim 1. He was appealing a ruling that authorized his being medicated involuntarily. See People v. Simon, No. S155511 (Cal. Supreme Ct. 2007) (appealing ruling as explained in People v. Simon, No. B193741, 2007 WL 1966121 (Cal. Ct. App. 2d Dist., 6th Div. 2007) (order of July 9, 2007).) The other "John Simons," in the other five cases, are not Petitioner.
None of Petitioner's claims is exhausted. A Raspberry dismissal is in order. Accordingly, the Petition is DISMISSED WITHOUT PREJUDICE.
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