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September 8, 2009
IRA DON PARTHEMORE, PLAINTIFF,v.M. MARTEL, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1).
Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the initial partial filing fee from plaintiff's trust account and forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account. These payments will be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.
Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only 'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1964 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). In order to survive dismissal for failure to state a claim a complaint must contain more than "a formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic, id. However, "[s]pecific facts are not necessary; the statement [of facts] need only '"give the defendant fair notice of what the . . . claim is and the grounds upon which it rests."'" Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197, 2200 (2007) (quoting Bell, 127 S.Ct. at 1964, in turn quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Erickson, id., and construe the pleading in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).
Plaintiff names six defendants in his complaint, including Warden Michael Martel, Health Care Manager C. Smith, and Chief Medical Officer S. Healey. There are no charging allegations against these three individuals in the complaint. Accordingly, the court will not order service of process on these three individuals.
The complaint states a cognizable claim for relief against the remaining named defendants pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. In addition, given the allegations of the complaint, the Clerk of the Court will be directed to send a copy of plaintiff's complaint to the Receiver in Plata v. Schwarzenegger, No. C01-1351 TEH (N.D.Cal.).
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's request for leave to proceed in forma pauperis is granted.
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1). All fees shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.
3. Service is appropriate for the following defendants: Associate Warden Lonnie Jackson; Captain Mark Kaplan; and Counselor B. Kissel.
4. The Clerk of the Court shall send plaintiff three USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed August 21, 2009.
5. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court:
a. The completed Notice of Submission of Documents;
b. One completed summons;
c. One completed USM-285 form for each defendant listed in number 3 above; and
d. Four copies of the endorsed complaint filed August 21, 2009.
6. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.
7. The Clerk of the Court is directed to send a copy of plaintiff's complaint to J. Clark Kelso, Receiver, c/o California Department of Corrections and Rehabilitation Controlled Correspondence Unit, P.O. Box 4038, Sacramento, CA 95812-4038.
Plaintiff hereby submits the following documents in compliance with the court's order filed completed summons form completed USM-285 forms copies of the Complaint
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On-Site donates tradeshow booth furnishings to Boston nonprofits
Boston, Mass. – The day after the 2012 National Apartment Association Conference and Expo wrapped up a work crew spent hours carefully breaking down the elaborate On-Site booth. This year, On-Site.com decided to put green living ideas into practice, opting to purchase new booth furnishings and donate them to local charities after the show.
According to On-Site, one of the benefits of online leasing technology is a dramatic reduction in paper waste. To its credit, On-Site continues to promote the virtues of a green workplace by taking measures to reduce waste and recycle materials whenever possible.
That's why On-Site.com worked with the Massachusetts Convention Center Authority to facilitate the donation of the trade show furnishings. The Authority runs a two-year-old program called Conventions CARE, or Community Assistance by Responsible Events. When all was said and done, On-Site donated three tables, twelve chairs, two cabinets and one large bookcase—brand new furniture valued at more than $1000—to be enjoyed by Boston area families in need for years to come.
About On-Site
On-Site is teaching the real estate industry something Apple and Google learned years ago: usability is king. At On-Site, that means bringing the apartment industry up to speed with what today's consumer expects from an online experience. Conveniently and securely, we allow today's renter to find an available apartment, qualify and pay for it and then e-sign the lease. Our 100% paperless listing-to-lease platform encompasses marketing, lead generation, risk mitigation, document storage, mobile solutions and cloud computing services. Founded in 1999, the company has been voted Best Resident Screening Service three years in a row and its paperless office platform was a finalist in the First Annual Green Initiatives Awards from Multi-Housing News.

subset: commoncrawl


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Pair of French Chinoiserie Two-Arm Bronze Sconces
Pair of French bronze sconces with chinoiserie figural imagery crowning the base with two decorative candle pots.
WIDTH: 13 in | HEIGHT: 19 in | DEPTH: 7½ in
Shipping Estimate: $50 | FedEx
Domestic shipping within the 48 continental states is quoted on each item via FedEx or White Glove delivery.
International shipping can be arranged upon request.
Delivery times will vary depending on the locations of origin and delivery, packing requirements, and the method of shipping used.
Once your order is processed, you will be notified of shipping status and given an estimated time of delivery.
We accept payment by all major credit cards through our secure portal. We also accept payment via check, money order, or wire transfer. All payment options are available at checkout.


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If you have an eCommerce website for your home-based business and are using a merchant account, will your account accommodate the holiday season? One of the 'deep dark secrets' of merchant accounts is the notorious 'funds freeze'. When your account reaches a certain level of volume, did you know that your bank may freeze your funds?
The merchant account 'funds freeze' is one of the most dreaded things in all of eCommerce. It can literally put you out of business. This online article gives some horror stories and discusses the issue in more detail. The article makes it sound as though Merchant Banks do this arbitrarily, but there's really no mystery to it. It's also manageable as long you know what to look for and expect.
Merchant Banks will usually set a monthly limit on your account. This is part of their risk management process. When you exceed that monthly limit by a certain amount, the account can be reviewed for a 'funds freeze'. The criteria for actually freezing funds varies from bank to bank, but it's generally based on that monthly limit and other risk management criteria. Often they won't even consider a funds freeze until the account has reached a large percentage over the limit.
If you already have a merchant account, be aware of what the monthly limit is and what will happen when you go over it. Find out what conditions might trigger a 'funds freeze'. Call your merchant bank and have them answer these points for you. It is particularly important around the holiday season when sales can spike dramatically. If you think you may be approaching your monthly limit, ask your merchant bank for a temporary increase.
If you're in the process of shopping for a merchant account, put this on your list of selection criteria. Expect that you'll get some kind of monthly limit, but the important thing to understand is what happens when you exceed it.
Understanding your merchant account can keep you out of hot water this holiday season and beyond!


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Added by Metacafe Affiliate U Subscribe 1 041
Published 7 Sep 2009
It's the story about a lazy, irreverent slacker panda, named Po, who is the biggest fan of Kung Fu around.....
It's the story about a lazy, irreverent slacker panda, named Po, who is the biggest fan of Kung Fu around...which doesn't exactly come in handy while working every day in his family's noodle shop. Unexpectedly chosen to fulfill an ancient prophecy, Po's dreams become reality when he joins the world of Kung Fu and studies alongside his idols, the legendary Furious Five -- Tigress, Crane, Mantis, Viper and Monkey -- under the leadership of their guru, Master Shifu. But before they know it, the vengeful and treacherous snow leopard Tai Lung is headed their way, and it's up to Po to defend everyone from the oncoming threat. Can he turn his dreams of becoming a Kung Fu master into reality? Po puts his heart - and his girth - into the task, and the unlikely hero ultimately finds that his greatest weaknesses turn out to be his greatest strengths. Gerne: Animation, Comedy, Kids & Family Cast Jack Black ... Po (voice) Dustin Hoffman ... Shifu (voice) Angelina Jolie ... Tigress (voice) Ian McShane ... Tai Lung (voice) Jackie Chan ... Monkey (voice) Seth Rogen ... Mantis (voice) Lucy Liu ... Viper (voice) Official site: http://www.kungfupanda.com/ More info: http://www.imdb.com/title/tt0441773/ Download links Part 1 http://www.megaupload.com/?d=I2F4SY8K Part 2 http://www.megaupload.com/?d=LR4CHRTA Part 3 http://www.megaupload.com/?d=HMCO0OXZ Part 4 http://www.megaupload.com/?d=6MWAIMFG Use HJSplit to join Enjoy :D


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Gender: Boy
Meaning: Unsurpassed
Origin: Hindi
Religion: Hindu
Anuttam is a Hindu Boy name, meaning of the name is Unsurpassed and origin of the name is Hindi. This name is mostly used in Hindu.
If you select the name Anuttam for your baby, Congratulations! But if you don't like Anuttam then please continue searching our site.
External References
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text:
D Vitec Newest 3 0mp Wdr Ip Mini Camera For Atm Use - Chinaprice: 135.00 Dollar US$
1.Up to 3megapixel resolution, Full HD 3MP real time video
2.Using high-performance Hisilicon DSP and SONY CMOS image sensor
3.H.265 achieve high definition image quality
4.Network protocols start Cloud Security monitoring
5.Plug-and-play solution, domain name resolution realize remote monitoring
6.Compatible with ONVIF 2.4.2 standard
7.P2P network cloud help to achieve remote controling.
8.Support smart mobile and network (IE& Firefox& Safari& Chrome) real time remotely monitoring, such as iPhone, Blackberry, Android, Symbian
Model DV-IP3345W-FR
Processor Hisilicon DSP
Image Sensor 1/2.8''SONY low illumination Progressive scan CMOS
Effective Pixels 2048(H)*1536(V) 3megapixel
lens 3.6 mm High definition lens
Shutter time 1/25(1/30)s to 1/50000 s
Signal System PAL(25FPS)/NTSC(30FPS)
S/N Ratio ≥50dB(AGC OFF)
WDR ≥100db
D&N Yes
Sensitivity Color 0.1Lux, F1.2, B/W 0.01Lux, F1.2
Compression Standard
Video Compression H.265, H.264, MJPEG
Bit Rate 200-12000kbps, CBR/VBR
Audio Compression G.711Alaw G.711Ulaw
Frame rate 1 to 30FPS adjustable
Resolution Main stream:2048*1536, 1920*1080, 1280*1024, 1280*960, 1280*720
Sub stream: 1280*720, 704*576, 640*480, 640*360, 352*240, 320*240, 320*176
OSD Control Supports channel name, date, and video stream information Superimposition supported, Location adjustable
Image Settings Saturation, brightness, contrast adjustable by client, web browser
Intelligent Alarm Motion detection, video occlusion, video loss and set alarm time
Network Storage local and network storage, picture and video
Recording Motion detect video, image missing alarm, and remote setting record
Protocols TCP/IP, UDP, SMTP, HTTP, FTP, PPPOE, DHCP, DNS, DDNS, NTP, UPNP, RTP, RTSP
Network Internal Web Serve, Support IE Access service
Mobile monitor iPhone, Windows Mobile, BlackBerry, Symbian, Android
Access Protocol ONVIF2.4.2 protocol Compatible with ONVIF standard
Functions remote upgrading and maintenance, Image Mirroring, Query log, password protection, Multi-user privilege control, customized purview
Storage interface Support TF card (128GB)
Video output 1 channel CVBS
Else port 1ch Audio input, 1ch Audio output, 1ch Alarm input, 1ch RS485, 1ch RESET
Network Port 1 RJ45 10/100M self-adaptive Ethernet port
Work Conditions -20℃~60℃;Humidity 90% or less (non-condensing)
Power Supply DC12V/1A
Power Consumption 2.5W(MAX)
Dimensions 34.9*30.9*43.3mm
Company Contact:
- Posted By: Shenzhen D-VITEC Industrial Co.,Ltd
- Phone: +86-755-25588188
- Address: 3-4/F,Tower 6,Zhonghe Group Industrial Base Shahe Bashi Zhou,Nanshan District, Shenzhen, Guangdong province, China
- Email:
- Website: http://www.d-vitec.com
Published date: August 31, 2016 -
- Business Description: Shenzhen D-VITEC Industry Co.,Ltd devotes itself to image and video solution over 13 years, which is a top leading manufacturer and exporters of Industrial and video products in China. Based on plenty experience in security camera and system, we have developed a wide range of ATM USB camera,ATM analogue camera, ATM HD-SDI camera, ATM IP camera, Police camera, bank account camera,Bill capture equipment camera...Products customization of hardware and software is handled by our team of 50 engineers, half of who have at least 5 years of experience in the security industry.
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text:
b current gets new leadership
A local artistic network has new leadership for the first time in over two decades.
Award-winning Canadian actor and producer Ngozi Paul and emerging stage director Jajube Mandiela are the new co-directors of b current which develops new works by diverse artists primarily rooted in the cultural, social and political experiences of the Canadian and international Black Diaspora through dramaturgy & workshop sessions, public readings and performances.
They are replacing founding artistic director ahdri zhina mandiela who is leaving the position after 22 years. The Jamaican-born, who is also a gifted dub poet, was the driving force behind several major theatre productions in the city, including a dub aria, who.knew. grannie, and Obeah Opera.
"We are both proud alumni of b current's rAiz'n ensemble program," said Paul and Mandiela in a joint statement. "b current has been such an important part of the evolution of so many Canadian artists and we are very honoured to be joining forces to lead it into a new era. We look forward to creating platforms and cultivating excellence in work that speaks to and serves our diverse community."
Paul, the daughter of Pan-Africanist and Black Action Defence Committee co-founder Peter Paul, and Mandiela, whose mother is ahdri zhina mandiela, have excellent track records in the artistic community.
Part of the original team that created Canada's first Black sitcom, Lord Have Mercy, Paul was nominated for two Gemini Awards. She's also an original cast member of the 2005 theatrical production, Da Kink in My Hair, which is the first Canadian play to be produced at the Princess of Wales Theatre. The story was adapted into a television show on Global TV which surprisingly cancelled it after two seasons.
The founder of Ngozika Productions which showcase film and TV from an Afro-Canadian perspective, Paul appeared in the Genie-nominated film, Short Hymn, Silent War which received the Special Jury Prize at the Toronto International Film Festival and she was nominated for the British Black International Film Festival Best Actress Award for her powerful performance as Susan in the film, Banyan. She also received rave reviews for her portrayal of the young Nelson Mandela in the Toronto production of the screenplay, In the Freedom of Dreams; The Story of Nelson Mandela.
Best known for eight seasons playing Chantay Black on Much Music's Degrassi, The Next Generation, Mandiela directed and co-produced All of Him at Summerworks and the Femfest festivals and Tick at the Toronto Fringe and Best of FringeKids.


text: Horseback RidingEnjoy the out-west atmosphere with back-east convenience for some of the finest western-style horseback riding in the area. Located just fifty miles west of the Capital Beltway, the Marriott Ranch offers a variety of horse-related activities, none more popular than our ninety-minute trail rides across parts of our beautiful 4,200-acre working cattle ranch. Located in the foothills of the Blue Ridge Mountains, riders will enjoy themselves whether riding through pastures, across creeks, in peaceful woods or among grazing cattle.Call 540-364-3741 or 877-278-4574 for reservations.******GPS Alert-Please click here: directions & map. for driving directions (Mapquest and GPS units often bring guests a back way)Trail Barn Address : 4441 Fiery Run Road , Linden, VirginiaBoxed Lunches and Picnic BasketsPicnic lunches available for purchase.Click Here: Boxed Lunch - Picnic Basket Order Form to view our Boxed Lunch and Picnic Basket Order Form. Please fax your order to 540-354-3564 or call 877-324-7344, Ext. 3 to order your picnic lunch.We require all of our riders to sign a release form prior to riding. Please click here for a copy of our Trail Ride Release.REGULAR GUIDED TRAIL RIDE SCHEDULE 2016January to April 15thOpen Fridays, Saturdays and Sundays - $45.00 per person + tax 12:00pm & 2:00pm (approximately 90 minutes)April 16th to November 6thOpen Thursdays, Fridays, Saturdays and Sundays-$45.00 per person + tax10:00am 12:00pm 2:00pmNovember 7th-December 31stOpen Fridays, Saturdays and Sundays-$45.00 per person + tax12:00pm and 2:00pmNotice Group Rides available on Tuesdays, Wednesdays & Thursdays (Group=8+ or $360.00 minimum)Children must be at least ten years of age to ride. Maximum weight limit is 250 pounds.Closed Major Holidays and Friday and Saturday following Thanksgiving For reservations call 540-364-3741 or toll-free 877-278-4574.All Rides Require Advance Reservations and subject to availability2016 SPECIAL TRAIL RIDE SCHEDULEYou must be at least 16 years of age to go on any of our special rides. Horse Vacation Packages $680.00 per person double occupancy + tax; $875.00 per person single occupancy + taxEnjoy three days in the saddle while taking in some breathtaking scenery on J. W. Marriott's working cattle ranch. Guests will learn basic horsemanship skills and ride through our cattle herds.There will be some arena time as well as time on the trail. Guests will be entertained one evening by local musicians. Bring a fishing pole as there three stocked farm ponds for fishing. There is a half-day tubing trip on the Shenandoah River also included with this package.Guests will have leisure time to explore Shenandoah Natural Park and local wineries. All horseback riding, meals and lodging are included. Check in is Monday at 4pm with an afternoon departure on Thursday 2017 dates coming soom For reservations or more information, contact Kelley Moss at email@example.com or 540-631-5018.Special Group Horse Vacation Package dates can be arranged for groups of 6 to 12 guests.Dinner Rides - $99.00 per person + taxEnjoy a ninety-minute scenic ride to our Western Town for a cowboy steak dinner with all the fixin's and guitar entertainment. Rides leave barn at approximately 4pm, guests are asked to arrive by 3:30pm. Saturday, August 20th For individual reservations call 540-364-3741, 540-364-2627 or toll-free 877-278-4574.Special Group Dinner Rides can be arranged on weekdays (Tuesday through Friday) for groups of ten or more by contacting Kelley Moss, firstname.lastname@example.com or 540-631-5018.Day Rides - $135.00 per person + tax (Fridays Only)Saddle up for a horseback adventure as your guide takes you on a scenic ride that passes through the Angus Cattle Operation and includes a stop for lunch. All rides start at 10am and return at approximately 3pm. September 16th October 28th For individual reservations call 540-364-3741 or toll-free 877-278-4574. Cattle Drives - $175.00 per person + taxEnjoy a day of driving our Texas Longhorn cattle and a stop for a barbecue-style lunch. For the experienced rider. For individual reservations call 540-364-3741, 540-364-2627 or toll-free 877-278-4574. Sunday, September 4th Private Rides - $100.00 per person + tax Enjoy a ninety-minute ride with just your guide. For the experienced rider with possible trotting and cantering based on experience and suitable ground conditions. Not available for groups. Available Fridays only by request and availability.For individual reservations call 540-364-3741, 540-364-2627 or toll-free 877-278-4574.


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text:
Deutsche Bank takes long road to the top
Deutsche Bank has been building its investment banking business in the US for more than a decade, but only this year has it entered the top-five banks for US mergers and acquisitions. Its experience is not unique: Credit Suisse, which acquired New York investment bank First Boston in 1988, took until 1999 to break into the top five.
European banks recognise it takes many years to establish a credible presence in the US, a highly fragmented and competitive market. However, with US deals accounting for half of the global total, a large market share is important in serving multi-national corporates.
Bruce Evans, who was named head of US M&A at Deutsche Bank in March 2009, said the bank was part-way through its long-term journey in the US, although the large-scale hiring was mostly done. He said: "We have all the legs of the stool in place to continue to grow our franchise: high-quality bankers with a strong client-centric culture, a powerful global footprint and world-class capital markets capabilities."
Deutsche Bank invested in its M&A franchise throughout the crisis. Between 2008 and 2009 it hired 60 managing directors, including Paul Stefanick, former chairman of M&A at Merrill Lynch, who was appointed global head of the industrials team and the 12-strong financial institutions team from Bank of America Merrill Lynch.
As of June 1, Deutsche Bank ranked fifth for US M&A by deal value, according to data provider Dealogic. Last year it ranked 11th and in 2008 it ranked sixth, according to Dealogic. The bank's position was boosted by a $22.3bn (€18.3bn) deal between regional US telecommunications companies CenturyLink and Qwest Communications in April, which was the largest acquisition of a US target announced this year. Deutsche Bank advised Qwest alongside Perella Weinberg Partners, Lazard and Morgan Stanley, with Barclays Capital, Evercore Partners and JP Morgan on the other side of the deal.
But through the crisis new European and Asian banks have made fresh efforts to grow in US M&A. In February, Nomura moved Glenn Schiffman, previously head of investment banking for Asia excluding Japan, to New York to be head of investment banking for the Americas. In May, the Japanese bank hired Simon Western as a managing director in its US financial institutions group from Bank of America Merrill Lynch and last week it hired Jim DeNaut and Michael Hill from Deutsche Bank as co-heads of natural resources in New York.
Similarly, BNP Paribas, which has only featured twice in the top 20 banks by US M&A league table position over the past five years, has also made new efforts to grow. Last month it acquired Hill Street Capital, a small New York-based advisory boutique. Hill Street was formed in 2001 by John Brim and Lorenzo Weisman who had both previously worked at investment bank Dillon, Read & Co before it was acquired by SBC in 1997.
Weisman, who is half-French, is now head of corporate finance for the Americas at BNP Paribas while Brim is head of corporate finance energy and commodities for North America.
Weisman said: "BNP Paribas is very strong across the board and globally in energy and commodities as well as in cross-border M&A. All of that made for a very suitable fit with Hill Street Capital."
BNP Paribas has a strong credit franchise in the US, such as in project and structured finance, and Weisman believes many of these clients will do more with the bank. He said: "Twelve months from now I would like BNP Paribas to have a strong level of confidence in its US corporate finance capabilities and a track record of meaningful transactions."
He declined to give specific numbers for future recruitment, only saying it would depend on the team's success.
Finally, Canada's BMO Capital Markets, has also been in recruitment mode for M&A advisers and capital markets bankers in the US. Over the past 12 months it has hired more than 50 bankers, and in April announced the arrival of former Lehman Brothers co-head of investment banking for Europe and the Middle East Perry Hoffmeister.
Scott Humphrey, executive managing director and head of BMO Capital Markets' US mergers and acquisitions group, said the firm's strategy was to focus purely on the middle market, which he defined as having an enterprise value of between $100m and $5bn.
He said mid-market M&A had held up slightly better than the broader market and the bank experienced an uptick in volumes in the past six to nine months as clients saw broader signs of an improvement in the economy and opportunities to expand their businesses and buy distressed competitors.
In common with Deutsche Bank, Credit Suisse and BNP Paribas, BMO weathered the financial crisis better than some US banks. Humphrey said: "We absolutely look to be in the top 10 of the US middle market league tables and would love to eventually be in the top five."


text: We would recommend them to any who asked, they did a very nice job on our patio and landscaping. The price was a little more than I was thinking of spending but Rob Lehnhoff worked with us and now I know why it was a little more expensive than i thought, the patio was nicer than I anticipated and they did several other things during the job that I didnt even ask them to do. Rob said it was all included in the price and he wanted to make sure the job was done right.


text:
Handbook on the History of Economic Analysis Volume I
Great Economists Since Petty and Boisguilbert
Edited by Gilbert Faccarello and Heinz D. Kurz
Chapter 114: Gérard Debreu (1921–2004)
Alan Kirman
Gérard Debreu was an austere man who brought that austerity to economics. He, almost single-handedly, introduced the axiomatic approach to economic theory. He never speculated about what might be true and confined himself to saying what he knew to be true. His approach was essentially that of a mathematician and he used that to protect himself from getting involved in debates about economic matters. His reserved attitude to the profession and to the world can, at least in part, be attributed to the sad events that marked his early years (see Düppe 2012). Life Born in Calais in 1921, he was orphaned at a very young age and spent most of his youth in boarding schools, until, with the outbreak of the war, he was evacuated to the unoccupied part of France where he prepared for the competition to enter a "Grande École". He succeeded and was admitted to the École Normale Supérieure in Paris, then occupied by the Germans, to study mathematics. When he had finished he was going to take the aggrégation to become a mathematics teacher but went into the army until the end of the war when he finally took the examination and was also admitted as a researcher in the Centre national de la recherche scientifique (CNRS). He had been heavily influenced by the Bourbaki School of mathematics and his research reflects that school's approach. His interest, nevertheless, turned to economics and followed the courses given in Paris by Maurice Allais,...
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Slide to see the images
Meet Carly! Carly was recently rescued by Gateway Pet Guardians! She is available for adoption; however, we are in the process of getting to know her stunning personality. What we DO know is that she is crate trained, house trained, good with kids & seems dog friendly. Carly is about 1 year old and weighs 40 pounds!
If you're interested in adopting Carly, please visit our website to learn about our adoption process and to fill out an application, here. All of our dogs will be micro-chipped, spayed or neutered, and up-to-date on vaccinations at the time of adoption.
For more photos of Carly, follow us on Facebook Gateway Pet Guardians and Instagram @gatewaypets ... #gpgCarly.
To view other adoptable pets from our shelter, please visit, GatewayPets.com!.
Gateway Pet Guardians is proud to offer a variety of mixed breed dogs available for adoption. However, please keep in mind that we rarely know the genetic background of the animals we rescue and, as such, we cannot guarantee the exact breed combinations found within this dog. Just know that this dog is probably a variety of several different breeds that have combined to create one very amazing and unique animal.


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In trying to make sense of the universe, scientists have classified everything that exists into two broad categories: matter and energy. Simply stated, matter can be thought of as "stuff" and energy is "the stuff that moves stuff."
Matter is anything made of atoms and molecules; it has mass and takes up space. Even though matter can be found all over the Universe, you only find it in a few forms. We'll be learning about three types, or "states of matter": solids, liquids and gases.
Matter can change from one state to another. One way is called a "physical change." which usually occurs when energy is either added or taken away. Physical changes do not form new products and are reversible. The other way is called a "chemical change" which involves chemical reactions, the creation of new products and is typically irreversible. Chemical changes can be used to observe and measure chemical properties. There are numerous chemical properties of matter such as solubility, flammability, chemial stability and many more.
Sounds simple, right? Well don't go to sleep yet because there's a lot more to learn in the world of science.


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Whether you're strolling across the Harbour Bridge on your way to the Sydney Opera House, or visiting one of Sydney's 20 beaches like Bondi Beach or Manly Beach, you'll quickly see what draws so many travelers to this Aussie city. You'll find a host of shopping along Darling Harbour, or the 19th century Queen Victoria Building, while kid-friendly spots like the massive Sydney Aquarium abound. After hours, head to buzzing Oxford Street for its dining and nightlife.
If you ask me, there truly is no better season than summer. Sure, spring is nice, with flowers abloom, fall is fun with its... more


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Total amount: € 0,00
Indexed/Abstracted in: BIOSIS Previews, EMBASE, Scopus, Emerging Sources Citation Index
Siaka COULIBALY 1, 2, N'Guessan KOUAME3, Jean B. BEUGRÉ 1, 2, Jerome K. KOUADIO 1, 2, Firmin K. KOUASSI 1, 2, N'Guessan K. SONAN 1, 2, Jean C. PINEAU 4
1 Biomorphology and Physical Anthropology Laboratory, Félix Houphouët-Boigny University, Abidjan, Ivory Coast; 2 Institute of Anthropological Sciences of Development, Félix Houphouët-Boigny University, Abidjan, Ivory Coast; 3 National Institute of Youth and the Sports, Abidjan, Ivory Coast; 4 CNRS UPR 2147, Dynamics of the Human Evolution, Paris, France
BACKGROUND: This work proposes to establish a relation enters performance with the hundred meters (100m) of a group of sprinters of the Ivory Coast and of the anthropometric data as well as qualitative information relating to the living conditions and anteriority of the practice of this sporting discipline.
METHODS: It related to 52 athletes including 15 girls and 37 boys, old from 15 to 27 years. Anthropometric data obtained on the subjects have licence to calculate the components of the morphotype, in particular the endomorphy, the mesomorphy and the ectomorphy in function sex. The athletic performance of these athletes was appreciated through a speed test.
RESULS: The results analyzed separately according to the sex show the existence of a highly significant connection between the performance with the hundred meters (100 m), certain anthropometric dimensions and of the qualitative criteria. Among boys, a multiple regression equation makes it possible to consider the performance sporting with a good precision (R=0.77, P<0.01). The diagram of Bland and Altman indicates that 95% of the estimates among boys are included/understood enters [-0.67; 0.97] and in the girls between [-0.60; 1.94] with a R=0.88 coefficient, P<0.01.
CONCLUSIONS: The performance obtained with the 100m by the runners is closely related to the morphological characteristics associated a thickness of cutaneous folds like to general criteria relating to the living conditions and the precocity of the practice of this discipline. In addition, there is a parallelism between the boys and the girls insofar as the sporting performance utilizes same measurements and criteria through the weight, the stature, the IMC, the IO and the living conditions. Lastly, taking into account weak manpower by category of age and sex, the components of the somatotypes do not enable us to establish a significant connection with the performance with the 100m.
language: English


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What Do I Get?
Since the customer of my last post said he has never used satellite TV before, so he wants to know what he gets when he pays. Dish Antenna Installation: In terms of how the system looks like: Dream For dish installation, it looks like these: http://www.dreamsatellite.com/dish_antena.htm Receiver boxes: http://www.dreamsatellite.com/receiver.htm Current type is KAON, however, we have second hand
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ERIC Number: ED236069
Record Type: RIE
Publication Date: 1983
Pages: 30
Abstractor: N/A
Reference Count: 0
A Program in American and Pennsylvania Studies.
Switala, William J.
Guidelines to help elementary and secondary educators in Pennsylvania teach U.S. history and Pennsylvania state history are presented. Educators in other states can also use or adapt the guidelines. The first part of the guide contains educational objectives for Pennsylvania state history in the fourth grade and for U.S. history in the fifth grade. For the junior-senior high school level, a planned course of study is presented. It is recommended that an American studies program, consisting of U.S. history and Pennsylvania state history, be taught in grades 9 and 10; grade 9 beginning with the first native Americans and concluding with the end of the Civil War, and grade 10 covering the reconstruction period to the present. Reasons for this "back to back" sequence are presented. Provided for the overall secondary level program are objectives, a content outline for each level, expected levels of achievement, and procedures for evaluation. A matrix comparing objectives of this program to the Goals for Quality Education in Pennsylvania concludes the publication. (RM)
Publication Type: Guides - Classroom - Teacher
Education Level: N/A
Audience: Administrators; Teachers; Practitioners
Language: English
Sponsor: Pennsylvania State Dept. of Education, Harrisburg.
Authoring Institution: Pennsylvania Council for the Social Studies, Philadelphia.
Identifiers: Pennsylvania


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Sci fi/Fantasy image byErik Aleksander
This is another attempt at a class/template depiction for my Rfts d20 games. I hope to colour it in the future. I was cleaned up in PS6. 'Reese' was the only Crazi to ever be played in my Rifts Campaigns as I was just getting aquainted with the game. I liked this second draft because it wasn't another bald depiction as is common for psi-stalkers, mindmelters, psions in general, and especially crazies. This was a better scan though I'm still having difficulty with cleaning anything up in photoshop 6. The original concept for this class of character was originally rendered by Kevin Long.
Published More than a year ago
Category Fantasy
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North Island ▷ Ruapehu ▷ Tongariro / National Park Village ▷
The Tongariro Alpine Crossing is the best known New Zealand day hike set in the middle of the central North Island volcanic plateau.
Pick a good day and the scenery of Mt Tongariro and it's surroundings are incredible! However there is something mysterious and exciting about this area even if it is overcast. If you hate crowds then think again before you walk here in the middle of the high season. It's super busy and you will just be part of a marching ant trail. Attempt the Tongariro Crossing during the week if you want a slightly quieter experience or near the end of the season around March/April when the weather has settled a bit.
The walk is challenging, so good shoes and lots of water is a must. The walk is in an alpine environment and weather here can change by the minute, each season many people are caught out. See the reviews for evidence of this!
If you are a bit uncertain of taking on this beast on your own, there are plenty of guiding companies that can safely take you over the crossing. Enjoy!
NOTE Check with Doc at time of writing (March 2013) until further notice due to a Volcanic eruption the Crossing is open to the Blue Lake saddle (between Blue Lake and North Crater). From this point down to Ketetahi Road remains closed. Volcanic eruption hazard remains in the Te Maari Volcanic Hazard Zone on the northern side of Mount Tongariro. You will have to plan for this as this has put huge strain on car parking Mangatepopo Road and an alternative car park are open to private vehicles until the parking area is full (early morning), then shuttle services are required.
792 reviews with the most recent first, showing page 12 of 61.
Ricardo Kalbhen
Ranking: 9/10
I did the Mt Doom as well and it was awesome. The Crossing is not too hard, loved the National Park.
Lisa Calitri
Ranking: 9/10
Quite dangerous but a good day walk, enjoyed the views, really a nice view and you feel like you are in Lord of the Rings.
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Nora Hoethoefer
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Stunning surroundings, bit dangerous but totally worth the exhaustion.
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Ranking: 7/10
Great scenery and very well set out by the Department of Conservation.
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Ranking: 9/10
Great mix of scenery, rainforest, rocks and mountains.
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Ranking: 10/10
I love hiking and wandering........ so I have already seen a lot of beautiful locations. But this daytrip was better than everything I have ever done before. Especially climbing Mt Ngauruhoe (Mt Doom) was the hardest but one of the best experiences so far.
Roland Fischer
Ranking: 8/10
Very scenic track, must see for Lord of the Rings fans.
Thank You - to the thousands of travellers that have contributed to our Top Voted NZ Activities Map - it's free from Rankers.
Cosmo Hartuna
Ranking: 10/10
Perfect if you do it with the full moon at nighttime.
Alyssa Wyer
Ranking: 10/10
Really great day, our guide was very fun and enthusiastic. Long hike but a good mix of hard and easy sections, really awesome views and pictures.
Leanna Wyer
Ranking: 10/10
Amazing walk but quite difficult to climb at points. Be prepared for some very sore legs. Definitely worth the effort! Awesome shuttle service as well.
Eric Hertort
Ranking: 10/10
The Tongariro Alpine Crossing is a nice track over 7-9 hours, with a nice view over the National Park.
Michele Winzig
Ranking: 10/10
It has been a tough walk, but it is definitely worth it! It took us at least two hours to take photos as the landscape has been impressive!
Pierre Mattes
Ranking: 10/10
Amazing hiking in a volcano area.


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Be Somebody... or Be Somebody's Fool! (1984) Free Watch
This is an educational video, where Mr. T attempts to instill good values (honor thy mother, don't give in to peer pressure, etc..) to kids through Rapping and Breakdancing, among other ... See full summary »
Release Date: 1984
Duration: 52 min
Country: USA
Director: Jeff Margolis
Writers: Peter Elbling, Paul Raley
Stars: Gabriel Gonzalez, Martha Gonzalez, Martika
IMDb: TT0086944
Rating: 8.3/10
Be Somebody... or Be Somebody's Fool! Free Streaming Links
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In the last 90 days, 4 listings have been made available, which means leases are probably leasing quickly. You'll want to be prepared to make an offer immediately. About 50% of the listings in the Orchard South are subleases, so you might be able to snag a great spot on a short term. There aren't many listings below 2,000 square feet posted, so finding a space for a small business might be tough.
Even though the median size is 14,700 sqft, there are still 0 listings below 2,000 sqft. Most properties in this area are approximately 2 stories. Most buildings in this market were built in 2007 and are Class A.
Not much of the real estate is used for commercial space, so it might be hard to find office space. Real estate is the dominant industry in this region. Commute by walking is the most popular way to get to work amongst Orchard South residents. Commuting between 30 and 45 minutes a day is the norm for those who opt to reside in this part of town.
Trends and status of the commercial real estate market in Orchard South.
Market Report
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Twitter user Matthew @colvi1 shared a photo of John Mikel Obi posing with Chelsea players for a team photo and later shared a caricature photo where he had superimposed Mikel's head and face into the bodies of all his teammates. He then mentioned Mikel Obi on Twitter and asked him if he liked it.
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Best route map between Moore, OK and Fort Supply, OK. This route take about 164 Miles.
The distance and estimated time is placed on the right depending on the status of the road.
, 10:37
You view route of Moore, OK and Fort Supply, OK, this
is a short route and it takes
about 164 or 264. May
be you want to know how
long does it take? Average, It takes about 2 hours 46 mins.
Now, if need to talk about details of Moore, OK and Fort Supply, OK;
Firstly about Moore, OK, Coordinate is 35.3395078, -97.48668329999998, weather is and (). Population about 60451 and
about 21226. May be you need
this information, Area code of Moore, OK is 405.
Secondly about Fort Supply, OK, Coordinate is 36.5737146, -99.572338, weather is and (). Population
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about 167. May be you need
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* Weather information on route, provide by Open Weather Map.
* The total population living within the city limits, using the latest US census 2014 population estimates. The
total number of households within the city limits using the latest 5 year estimates from the American Community
All Rights Reserved. © 2010 - 2016 Feedback


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Academic leadership Description:
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Some of them:
Clockwise from top left, the model wears Versace, Gaultier, and Christian Lacroix couture. We feel for the poor assistant who picked the sand out of all those crevices after the shoot.
British Vogue tells readers to look for pieces that "stand out in a crowd" when concocting a party outfit. But this model looks like she wandered out of the house in pajama bottoms, took a Percocet, raided Katy Perry's sequins, had a glass of tequila, then hit the sale rack at Topshop.
Karl Lagerfeld shot his Chanel pieces in an unexpected yet not overly complicated way. The couture dress on the left works so well with combat boots.
Anna Selezneva's face really emotes. Even if she's just thinking, "Wow, these white feathers are so soft," there's always something there.
What appears to be the September cover of Vogue has leaked. Charlize Theron looks stunning in a pensive Vogue way. If ever a face said, "Buy me, I'm on Vogue," it's hers. Sadly, this year's cover only boasts 584 pages, while last year's cover boasted 798 pages. But still, that's almost 100 pages more than Elle and considerably larger than any September issue we've received in the mail so far (Lucky, Glamour, and Cosmopolitan, to name a few).
But despite its skinny size, the headlines suggest this issue will meet our every winter sartorial need, from "stylish steals" to "fall fashion fun" to the reassurance that our boots and suits are here to stay this season (it does trouble when they grow legs and walk away, although that was never apparent until Vogue pointed it out). Naturally, the issue plugs Fashion's Night Out. Anna Wintour even includes a couple of hot men just for fun — Roger Federer for her and Hugh Jackman for us. The only thing missing seems to be an article along the lines of "Pants: Why Have They Left Us?" or "150 Reasons to Wear Pants This Fall." But that aside, we can't wait for this issue to arrive.
Charlize Theron for Vogue Sept 09
The diva returns! Snejana Onopka is pretty in pink on the cover of Vogue Russia. The waifish supermodel lends her trademark attitude to a Terry Tsiolis story where she works it out in daring pieces from Ann Demeulemeester and Armand Basi. Simon Robins' daring fashion choices and Snejana's ability to make everything look like a million bucks make for a high gloss affair.


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Founded in 2011 the LDBA enables businesses in Loddon, Chedgrave and the surrounding area to speak as one voice.
The LDBA is working hard to support the community both by helping businesses thrive which benefits everyone using the local area and also by assisting with local events, channelling funding from the Market Towns Initiative (MTI) which has been granted by South Norfolk Council.
We are closely involved with promoting the area for tourism and also ensuring locals receive the best services that are available from Norfolk County Council and South Norfolk Council wherever possible.
For more information on what the LDBA has been involved in, please visit our history page.
Caroline Bown
Chair 2016


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Office Staff, (Logistics) ,BKK (3 Positions)
Thai Kobelco Construction Machinery Ltd.
jobsDB ref: JTH300003001257559
Qualifications :
- Male or Female, Age between 25-35 years old.
- Bachelor degree in accounting or related field.
- Experienced at least 3 years in warehouse & logistics (inventory) management.
- Result-oriented with strong analytical and problem solving skill.
- Willing to work hard.
- Good Proficiency Level in English.
- Ability to operate MS Excel & MS Access would be advantaged.
- Knowledge of ISO, BOI, Customs would be advantage.
Responsibilities :
- To assist Logistics Manager and responsible for daily Oversea warehouse duties such as inventory control, dispatch, coordination with transporter.
- To perform work involving receiving, storing, inventorying and issuing materials, record keeping in a storage warehouse and oversees the work of any other contractor's personnel in the warehouse.
- To monitor the loading and unloading of goods received and to be delivered.
- To maintain records of materials in inventory and on order.
- To monitor reorder points and initiates action to replenish stock.
- To liaise with other operating functions, such as customer service, sales, suppliers and transportation service provider to ensure smooth operations and time frame.
ผู้สนใจ สามารถส่ง Resume พร้อมแนบรูปถ่ายและหลักฐานการสมัครมาได้ที่ APPLY NOW
Hemaraj Eastern Seaboard Industrial Estate
500/5 M. 3, T. Tasith, A. Pluakdaeng, Rayong 21140
Tel. 66 (0) 3895-0040 - 44
Fax 66 (0) 3895-0045 – 46
jobsDB will send your application for review directly to Thai Kobelco Construction Machinery Ltd.
About Thai Kobelco Construction Machinery Ltd.
Thai Kobelco Construction Machinery Ltd. ("We") was found in 1996.
We have been producing and selling excavators to Thai customers and also been exporting our products to South-east Asia customers for 20 years.
Further from next year we will promote business globalization.
We are looking for experienced and enthusiastic personnel to join our team on our new venture in Thailand.
The successful applicants will have an opportunity to work with experienced people and grow with us.
More Jobs from this employer
Something suspicious? Report this job ad


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Importing a Project into MPLAB® Xpress
Installing a project into MPLAB® Xpress requires a few simple steps:
Task 2
In MPLAB® Xpress select Import Project from the File menu.
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This will load the project into MPLAB® Xpress.
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Government's Ethics Office Praises Trump for Commitments He Hasn't Made
OGE released a series of tweets applauding Trump over business comments.
OGE released a series of tweets applauding Trump over business comments.
The president-elect shares his thoughts on the social media network. Are these thoughts a look into his brain?
Lawmakers on Wednesday will ask officials why the average enrollee is now paying $111 more per month for coverage.
The physician and six-term Georgia congressman is a staunch opponent of the Affordable Care Act.
Who needs intelligence briefings, when the president-elect can just check the Moments tab?
Lankford's new compilation hits policies as well as scientific grants portrayed as trivial.
While Obama gave a bunch of medals to famous people, perhaps Trump will usher in an era of entertainment presidents.
Committee chairman says oversight will "guard against inappropriate hiring."
Sen. Elizabeth Warren and Rep. Elijah Cummings are concerned about conflicts of interest, security risks.
The very expressive president-elect is upset that the press runs so many unflattering photos of him.
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decided: March 23, 1987.
OFFICE OF DISCIPLINARY COUNSEL, PETITIONER,v.JOHN E. KOCHEL, RESPONDENT
Samuel C. Stretton, West Chester, for respondent, John Kochel.
Alan Davis, for Office of Disciplinary Counsel.
Larsen, J., files a dissenting opinion.
[ 515 Pa. Page 449]
AND NOW, this 23rd day of March, 1987, upon consideration of the Report and Recommendation of the Disciplinary Board dated November 7, 1986, and the respondent's Exceptions and Petition for Review of the said Report and Recommendation, it is hereby
Ordered that respondent, JOHN E. KOCHEL, be and he is SUSPENDED from the Bar of the Commonwealth for a period of three months, and he shall comply with all the provisions of Rule 217, Pa.R.D.E. It is further ORDERED that respondent shall pay costs to the Disciplinary Board
[ 515 Pa. Page 450]
pursuant to Rule 208(g), Pa.R.D.E. The further request for oral argument is denied.
LARSEN, Justice, dissenting.
A two charge Petition for Discipline was filed against respondent, John E. Kochel, by the Office of Disciplinary Counsel on December 4, 1985. In charge 1, respondent was accused of multiple conversions of client escrow account funds for respondent's own use. Charge 2 averred that respondent had neglected a legal matter.
An evidentiary hearing was held on April 11, 1986, at which time respondent admitted misappropriating $11,095 from his clients' escrow account on 23 occasions over a 16-month period beginning March 1984 and ending in July 1985.*fn1 Respondent reimbursed the account regularly and clients suffered no loss of funds. Coincidentally, I note
[ 515 Pa. Page 451]
that final restitution in the amount of $1650 was made to the escrow account on July 29, 1985, just one week prior to written notification by the Office of Disciplinary Counsel that a complaint had been lodged against respondent. Respondent also admitted to failing to pursue a matter on behalf of a client and compounding the problem by refusing to respond to phone calls and correspondence from that client's other attorney.
The Hearing Committee determined that respondent had violated DR 1-102(A)(3)-(6), DR 7-101(A)(1) & (3), and DR 9-102(A) & (B)(2)-(4) with respect to charge 1; and DR 1-102(A)(5) & (6), DR 6-101(A)(3), and DR 7-101(A)(1)-(3) with respect to charge 2. There was no question that the knowing conversion of funds by an attorney is illegal conduct involving moral turpitude, yet, the Hearing Committee recommended a suspension of three months.
Disciplinary Counsel excepted to the recommendation of discipline and urged the Disciplinary Board to suspend respondent for a period of not less than three years. Disciplinary Counsel stated in its letter/brief to the Board that:
Respondent's attitude toward the sanctity of client funds is best summarized by his statement to his former secretary that he was aware that he was using client funds and that he did so because "he couldn't see this money in the escrow account just sitting there." . . . [W]hatever mitigation may be present in this case, it pales in comparison to the misconduct demonstrated by respondent's almost continuous acts of conversion.
The Disciplinary Board recommends that this Court suspend respondent for a period of two years and that costs be
[ 515 Pa. Page 452]
assessed against him. The majority, by imposing the three month suspension recommended by the Hearing Committee, condones respondent's behavior and signals to the legal profession in this Commonwealth that this Court views the theft of clients' money as a minor infraction so long as the miscreant cooperates with disciplinary counsel, admits wrongdoing, and shows remorse and embarrassment. Such an approach makes a mockery of our disciplinary system.
I have consistently maintained that we must adopt a per se rule providing for disbarrment when a lawyer steals clients' money. Office of Disciplinary Counsel v. Lucarini, 504 Pa. 271, 472 A.2d 186 (1983) (Larsen, J., concurring); Matter of Duffield, 479 Pa. 471, 388 A.2d 1028 (1978) (Larsen, J., dissenting). As Mr. Chief Justice Nix has stated:
[T]he focus is not upon Respondent, but rather it is directed to the impact of his conduct upon the system and its effect on the perception of that system by the society it serves . . . . The heart of the attorney-client relationship is trust and confidence. This cannot exist where the integrity of counsel is suspect. If conduct of the nature engaged in by Respondent in this matter is not immediately responded to by our disciplinary process, we cannot hope to engender the public perception of confidence in our system.
Office of Disciplinary Counsel v. Keller, 509 Pa. 573, 583-586, 506 A.2d 872, 877-78 (1986).
July 1 300
*fn2 The Rules of Disciplinary Enforcement preclude our detailing the circumstances surrounding respondent's prior violation of the Disciplinary Rules. Pa.R.D.E.Rule 402(a).
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Court of Appeals of Columbia District
March 12, 2015
BRIAN LAMONT COPELAND, APPELLANT,v.UNITED STATES, APPELLEE
Argued January 6, 2015.
Page 628
Appeal from the Superior Court of the District of Columbia. (CF1-3817-08). (Hon. Anthony C. Epstein, Trial Judge).
Jenifer Wicks for appellant.
Elizabeth H. Danello, with whom Ronald C. Machen Jr., United States Attorney, and Elizabeth Trosman and T. Anthony Quinn, Assistant United States Attorneys, were on the brief, for appellee.
Before WASHINGTON, Chief Judge, FISHER, Associate Judge, and FERREN, Senior Judge.
Page 629
Fisher, Associate Judge :
A jury convicted appellant Brian Copeland of one count of first-degree sexual abuse with force.[1] Appellant later filed a motion for relief under D.C. Code § 23-110 (2001), alleging that he was denied the effective assistance of counsel. Judge Epstein denied the motion without a hearing.[2] Because appellant failed to show that he suffered prejudice from counsel's allegedly deficient performance, we affirm.
Page 630
I. Background
On April 22, 2008, appellant was charged by indictment with one count of first-degree sexual abuse. He was found guilty after a jury trial, and his conviction was affirmed in an unpublished memorandum opinion. Copeland v. United States, No. 08-CF-1610, Mem. Op. & J. (D.C. Mar. 15, 2011). On September 26, 2011, appellant, represented by new counsel, filed a motion for relief under D.C. Code § 23-110. The motion contended that appellant was denied the effective assistance of counsel because his trial attorney performed deficiently during jury selection.
Jury selection proceeded in the following manner. After the potential jurors were sworn, the trial court asked them a series of yes-or-no questions pertinent to the case. This inquiry occurred on the record in an open courtroom. The jurors were instructed to write on an index card the number of any question to which they had an affirmative answer. The court then turned on the " husher" [3] and brought each individual member of the venire to the bench to discuss his or her responses. Defense counsel participated in the voir dire at sidebar, but appellant did not.
During the individual voir dire, the court struck twenty-three jurors for cause and denied defense counsel's request to strike an additional four jurors. Following voir dire, the parties exercised peremptory challenges on seventeen jurors and one alternate.[4]
II. Standard of Review
" 'We review the trial court's denial of appellant's D.C. Code § 23-110 motion without a hearing for an abuse of discretion.'" Patterson v. United States, 37 A.3d 230, 243, amended on reh'g, 56 A.3d 1152 (D.C. 2012) (per curiam) (quoting Freeman v. United States, 971 A.2d 188, 201 (D.C. 2009)). " 'When a defendant in a § 23-110 motion raises a claim of ineffective assistance of counsel, there is a presumption that the trial court should conduct a hearing.'" Jones v. United States, 918 A.2d 389, 402-03 (D.C. 2007) (quoting Lane v. United States, 737 A.2d 541, 548 (D.C. 1999)). However, " [w]here the existing record provides an adequate basis for disposing of the motion, the trial court may rule on the motion without holding an evidentiary hearing." Ready v. United States, 620 A.2d 233, 234 (D.C. 1993).
" 'An appellant alleging the constitutional ineffectiveness of his trial counsel must demonstrate both deficient performance and prejudice in order to merit relief under D.C. Code § 23-110.'" Patterson, 37 A.3d at 243 (quoting Freeman, 971 A.2d at 201). In other words, appellant must establish (1) " that counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment" ; and (2) " that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v. Washington, 466 U.S. 668, 687, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); see also Jones, 918 A.2d at 402.
III. Analysis
A. Right to Be Present
Appellant primarily contends that his trial counsel was ineffective because
Page 631
she failed to inform him of his right to be present at the bench during the voir dire of individual jurors. S.Ct. Crim. R. 43 (a) provides, in pertinent part, that " [t]he defendant shall be present . . . at every stage of the trial including the impaneling of the jury . . . ." " A defendant's Rule 43 (a) rights derive from his constitutional rights to be present at his own criminal proceedings under the Fifth and Sixth Amendments." Hager v. United States, 79 A.3d 296, 301 (D.C. 2013).
Rule 43 (a) encompasses " the right of the defendant to be present, upon request, at the bench as voir dire is proceeding." Id. His presence during these colloquies enables the defendant to assist his lawyer in effectively exercising peremptory strikes and challenges for cause. Kleinbart v. United States, 553 A.2d 1236, 1239 (D.C. 1989). This is an important right, to be sure, but a defendant must claim it in order to enjoy it. Indeed, defendants often choose not to invoke the right for fear that their close physical proximity will make potential jurors uncomfortable. See id. at 1242 (reporting that the right to be present at bench voir dire is " rarely invoked" because " the defendant's presence at the bench inhibits eliciting candid answers from the prospective jurors" and because exercising the right " may be prejudicial to the defendant's personal interest" ) (Gallagher, J., dissenting).
Even when a defendant wishes to exercise the right, the failure " to make a timely and adequate request for his or her presence at the bench where voir dire is being conducted . . . constitutes a waiver of that right and forecloses the opportunity to be heard on appeal." Hager, 79 A.3d at 301 (internal quotation marks omitted). In this case, appellant, allegedly not informed by counsel of his right, made no request to be present at the bench during individual voir dire, nor did he object to the manner in which this portion of jury selection was conducted.
We will assume for the purposes of argument that counsel's performance was deficient, but agree with the motion judge's finding that appellant failed to show that he was prejudiced. See Brown v. United States, 934 A.2d 930, 943 (D.C. 2007) (" The reviewing court need not address both prongs of the Strickland test if appellant does not meet the burden of one or the other showing." ).[5] In his post-trial affidavit, appellant did not claim that he would have exercised his right to be present at the bench during individual voir dire. See Strozier v. United States, 991 A.2d 778, 786 (D.C. 2010) (rejecting ineffective-assistance claim for failure to provide affidavit showing prejudice). Furthermore, even with the benefit of a transcript, he has not asserted that his counsel should have conducted voir dire differently or that he would have urged her to strike any other jurors, either peremptorily or for cause, if he had been present at the bench. Cf. United States v. Rolle, 204 F.3d 133, 140 (4th Cir. 2000) (on plain error review, considering whether a defendant who was excluded from voir dire must, to show actual prejudice, demonstrate either " that the verdict would have been different," or " that the jury might have been constituted in a meaningfully different way," but declining
Page 632
to choose between the standards because defendant could not make the lesser showing). Appellant therefore has not shown that he was prejudiced by his counsel's alleged failure to discuss with him his right to be present at the bench during individual voir dire.
B. Right to a Public Trial
The failure of a defendant to prove prejudice is ordinarily enough to dispose of an ineffective-assistance claim. See Brown, 934 A.2d at 943. Appellant contends that he should be relieved of this burden, however, because the trial court effectively closed a portion of voir dire to the public when it questioned prospective jurors at the bench with the " husher" on. He argues that this procedure violated his Sixth Amendment right to a public trial because members of the audience were not able to hear the discussion at the bench. Appellant also argues that, under this court's decision in Littlejohn v. United States, 73 A.3d 1034 (D.C. 2013), a violation of the right to a public trial is structural error and Strickland prejudice is presumed.
The Sixth Amendment guarantees that " [i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . ." U.S. Const. amend. VI. The Supreme Court has deemed it " well settled" that the right to a public trial extends to jury voir dire. Presley v. Georgia, 558 U.S. 209, 213, 130 S.Ct. 721, 175 L.Ed.2d 675 (2010); see also Barrows v. United States, 15 A.3d 673, 679 (D.C. 2011) (discussing Presley ). A trial court must make specific findings on the record before it may exclude members of the public from jury selection. Barrows, 15 A.3d at 679 (citing Waller v. Georgia, 467 U.S. 39, 48, 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984)).
In Littlejohn, hostility arose between the defendant's supporters and the victim's supporters, apparently causing " a huge melee in front of the courthouse." 73 A.3d at 1036 (internal quotation marks omitted). The trial court staggered the departure times of the two groups to minimize their contact with one another inside and around the courthouse, ordering the defendant's supporters to leave about forty minutes before the end of each trial day while allowing the victim's supporters to stay. Id. On direct appeal, we affirmed the defendant's conviction, holding that his attorney had waived any objection to the closure of the courtroom to his supporters because counsel " actively supported (and may even have proposed) the concept of staggering the departure times of the two groups in order to minimize the risk of a fracas." Id. at 1037 (internal quotation marks omitted).
While his appeal was still pending, Littlejohn filed a § 23-110 motion claiming he had been denied the effective assistance of counsel because his right to a public trial was violated when his supporters were excluded from the courtroom. Id. at 1037. This court held that if the courtroom is closed in violation of the defendant's public trial right, and trial counsel's waiver of that right constitutes deficient performance, " no further showing of prejudice is required" to obtain relief on a claim of ineffective assistance of counsel. Id. at 1044. In doing so, we said that the violation of the right to a public trial is a structural error, or one that has " per se prejudicial impact" because its " precise effects are unmeasurable." Id. at 1043 (internal quotation marks omitted). The court concluded that prejudice under Strickland is presumed " when counsel's deficient performance causes a structural error." Id. The case was remanded for an evidentiary hearing to determine whether the defendant's counsel had performed deficiently. Id. at 1044.
Page 633
We decline to extend the holding in Littlejohn to the circumstances presented here. Even when the defendant has requested and been denied the right to be present at the bench during voir dire, this court has rejected arguments for per se reversal. See Young v. United States, 478 A.2d 287, 290 (D.C. 1984); Robinson v. United States, 448 A.2d 853, 856 (D.C. 1982). Instead, " we are wedded to examining the cases on an ad hoc basis." Robinson, 448 A.2d at 856. We have therefore consistently reviewed a trial court's decision to exclude the defendant from the bench during individual voir dire, despite a timely request, under the harmless constitutional error standard of Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). E.g., Hager, 79 A.3d at 302; Kleinbart, 553 A.2d at 1240; Gary v. United States, 499 A.2d 815, 835 (D.C. 1985) (en banc). Such case-by-case review is incompatible with the concept of structural error, and the Supreme Court's decision in Presley has neither explicitly nor implicitly overruled our prior decisions rejecting a rule of per se reversal.
Moreover, we are not persuaded by the argument that appellant's right to a public trial was violated by the procedures used during the selection of his jury. No one objected to conducting a portion of voir dire at the bench. The courtroom was not closed, no one was excluded from observing voir dire, and a transcript of the proceeding is available. Appellant cites no authority, and we can find none, holding that the practice of conducting a limited amount of individual voir dire at the bench with a " husher" on violates a defendant's right to a public trial.[6] Instead, the cases discuss the closure (or partial closure) of a proceeding caused by excluding one or more members of the public from the courtroom during voir dire, see Presley, 558 U.S. at 210; Barrows, 15 A.3d at 676, or by moving portions of jury selection from the courtroom to a location not observable by the public, such as a jury room, see Williams v. United States, 51 A.3d 1273, 1282-84 (D.C. 2012) (conducting portion of voir dire in jury room violated Sixth Amendment, but defendant, who was present in the jury room, was not entitled to relief under plain error review).
The lack of authority supporting appellant's argument is unsurprising given the purposes of the right to a public trial. Criminal trials are open to the public " primarily 'for the benefit of the accused; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions.'" Littlejohn, 73 A.3d at 1039 (quoting Tinsley v. United States, 868 A.2d 867, 873 (D.C. 2005)). " [P]ublic proceedings [also] vindicate the concerns of the victims and the community in knowing that offenders are being brought to account for their criminal conduct by jurors fairly and openly selected." Press-Enter. Co. v. Superior Court of Cal., Riverside Cnty., 464 U.S. 501, 509, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984). " The undoubted value of an open courtroom is that it 'gives assurance that established
Page 634
procedures are being followed and that deviations will become known' and thereby 'enhances both the basic fairness of the criminal trial and the appearance of fairness so essential to public confidence in the system.'" Barrows, 15 A.3d at 681 (quoting Press-Enter., 464 U.S. at 508).
Sometimes, however, there are " competing considerations," Boone v. United States, 483 A.2d 1135, 1141 (D.C. 1984) (en banc), which justify limited questioning of jurors at the bench. The practice was adopted in this jurisdiction over forty years ago to prevent a potential juror's answers to voir dire questions from prejudicing other members of the venire. See Boone, 483 A.2d at 1141.[7] Such questions might include prior contact with the criminal justice system, knowledge of the crime, or exposure to pretrial publicity. The procedure is also designed, in part, to protect a juror's privacy and to encourage potential jurors to be forthright when they might otherwise be reluctant to discuss personal experiences or private matters.[8]
When questioning occurs at the bench, the public can still observe the proceedings and, as in this case, hear the general questions posed to the jury panel. See Commonwealth v. Cohen, 456 Mass. 94, 921 N.E.2d 906, 925 (Mass. 2010) (" Even though the public cannot hear whet is being said [during individual voir dire at sidebar], the ability to observe itself furthers the values that the public trial right is designed to protect." ). Individual voir dire at the bench is recorded, and a transcript can be made available.
We hold that the long-standing practice in this jurisdiction of conducting individual voir dire at the bench, within
Page 635
the view but outside the hearing of the public, is not a structural error.[9] Our holding in Littlejohn does not excuse appellant from satisfying the prejudice prong of the Strickland standard.
IV. Conclusion
Appellant's failure to show prejudice is fatal to his claim of ineffective assistance of counsel. The judgment of the Superior Court is hereby
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text: Home > Regions All set for Calungsod image's Vatican trip by Carine Asutilla, ABS-CBN Central Visayas Posted at Oct 11 2012 11:39 PM | Updated as of Oct 12 2012 07:39 AM Share Facebook Twitter GPlus LinkedIn Pinterest CEBU, Philippines - All is set for the trip of the official image of Blessed Pedro Calungsod to Vatican City as his canonization nears. The image of Calungsod will leave Cebu on October 16. A large celebration for the image trip is being prepared. The journey will start with a dawn procession from the Blessed Pedro Calungsod Shrine to Cebu Metropolitan Cathedral, where a mass will be held. A motorcade from the Cathedral to the Mactan Cebu International Airport will also be held. The trip marks the end of "Duaw Lungsod" or the image's visit to each town. Fr. Charles Jayme, the custodian of the official image, will fly with it on board Cathay Pacific. The image will fly as one of the passengers not as cargo. The official image of Calungsod will be used in triduum in Vatican and in the canonization rites. Around 5,000 pilgrims from the Philippines will present during the event. Calungsod's image will be brought back to the Philippines on October 25. The image will then travel to more than 30 places around the country. On November 30, a fluvial procession and a thanksgiving mass will be held at the South Road Properties in Cebu. Share Facebook Share on Twitter GPlus LinkedIn Pinterest Read More: religion Cebu catholic Vatican saint canonization Pedro Calungsod /news/12/11/16/amerikanong-drug-pusher-timbog-sa-albay/news/12/11/16/cardinal-tagle-to-public-give-sinners-aid-not-death/life/12/11/16/new-eats-raffles-makati-opens-french-outlet-mireio/sports/12/11/16/nba-round-up-lebron-powers-cavs-past-hornets-grizzlies-rout-warriors/video/life/12/11/16/tips-for-students-who-want-to-study-abroad


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