text:
Posted on 20 March 2008
- 12:00
We were delighted to welcome the Republic of Ireland's Cerebral Palsy Football Development Squad to the Club last weekend as part of their tour of England.
As part of a drive to raise the profile of the growing CP game, the tourists paid a visit to our Spurs Lodge training ground, where they were met by fellow countryman Robbie Keane.Robbie said: "It was great to see the lads at the training ground. I hope they had a good time on their visit to London and I wish them all the best for the future."The team's visit culminated in a match against our very own affiliated team, Emerson Park Cerebral Palsy Spurs FC, held in partnership with Emerson Park School & Sports College, Hornchurch.The Tottenham Hotspur Foundation and the School are supporting the Club in developing an independent body that supports ambulant footballers with cerebral palsy across London.It gave both teams an opportunity to further develop their match experience and ability levels, and although our visitors ran out eventual winners, it was a closely contested encounter.As a bonus, the game was watched by a particularly impressed Mark Harper MP, Shadow Minister for Disabled People.He said: "Having had the opportunity to speak to a number of the parents, I know how much it means to them and their children that this opportunity exists."The role of Spurs is vital in providing the coaching and other support to enable things like this to take place. They are setting an example which I hope other Premier League clubs will follow."The Club would like to take this opportunity to thank the Republic of Ireland CP Development Squad for their visit, and wish them all the best for the future.
5 July 2016
Ugo Ehiogu is setting the bar high for our new-look Development Squad.
28 June 2016
The Club can confirm that the Premier League has approved measures to distribute the loss of seats being incurred due to the ongoing redevelopment of White Hart Lane between Home and Away supporters during season 2016-17.
23 June 2016
Spurs legend and former Republic of Ireland international Tony Galvin believes his nation "couldn't wish for a better game" in the next round of Euro 2016.
View mobile site
© Tottenham Hotspur Ltd 2016. All rights reserved.
All photography copyright Getty Images (unless otherwise stated)


text: Many more messages like this one and I will be forced to leave the list. Neal -----Original Message----- From: blindcooltech-bounce@xxxxxxxxxxxxx [mailto:blindcooltech-bounce@xxxxxxxxxxxxx] On Behalf Of Jeff Armstrong Sent: Sunday, February 12, 2006 9:41 PM To: blindcooltech@xxxxxxxxxxxxx Subject: [bct] Re: Holistic health-- auras - western medicine. Slythy <mailto:mcg907@xxxxxxxxx> , Well, I'll try to straighten out what you seemed to have missed. I stated that I already understand the electrochemical processes that take place in the human body, as a matter of fact, I discussed this in advance of Dan's podcast. I feel that I am doing fairly well defending my points against two self-admitted geniuses of the highest order. I don't know it all or even a small part as will be confirmed later in history when so much more is learned. You have a terrible habit of trying to tell me what I think or to interpret my attempts to converse with you. I guess I'm just not as intelligent or learned as you two seem to be so I have to work with what I've got. I'd say, though, that if one makes a claim, one is responsible for backing it up, you have not. And, by the way, it is, most definitely, a legal requirement to save people. It is called the good samaritan law in Minnesota and it has been enforced and individuals prosecuted for violating the law. It is a punishable crime to knowingly allow another to suffer or die when you could have done something about it. Look it up with your superior researching skills. And, just because you determine, by your personal standards that another's words are rambling, does not make it so, you have "Steve Byers syndrome", and I hope it doesn't cause you the problems it caused him. Believing yourself to have the final say on value judgements about the work and life and opinions of others is a form of delusion. I bow to your superior intellect but never will I allow another to force their opinions and beliefs down my throat as being the truth just because they say so. You should become a life coach, a reference to the television series, "bullsh*t" check it out, I find it fun and enlightening. As I have bowed to your superior abilities, and admitted my only normal intellect and admitted that unlike some people, I don't have all the answers, you must now take your prize and leave the playing field. I had tried to start other subjects to allow for a more relaxed conversational situation to emerge but this message shows that I will be brow beaten even on the subject of weight loss or anything else I wish to talk or ask about. So color me gone, good luck with your position as know-it-all Jeff Armstrong ----- Original Message ----- From: Slythy_Tove <mailto:mcg907@xxxxxxxxx> To: blindcooltech@xxxxxxxxxxxxx Sent: Sunday, February 12, 2006 6:43 PM Subject: [bct] Re: Holistic health-- auras - western medicine. Actually, Jeff, I called it a rambling diatribe, and it was rambling from my point of view because I have to be very organized in my writing. Point by point answers follow, wandering along the path you took. A lot of Christians do believe that hypnosis can let the devil enter your body, so what you got was a dose of religion, not chiropractic. I believe some Muslims believe the same thing - not sure about that. I can quote cure unquote people of asthma by getting them off grains - if, in fact, they have a grain allergy causing asthma. If they are not allergic to grains, then there is no help I have for them. There are remedies for a lot of things, but someone who promises a cure is either deluded or falsely advertising things - or a miracle worker of some sort. Yet we have doctors promising vast weight losses from surgery and I had an MD promise me that if I saw him every three months forever that I would never lose the v ision in my good eye - and I consider that to be a spurious claim on his part. So it goes on all over - listen to the claims on TV sometimes - the lawyer who will win you millions, the car that will make you young and popular, etc. It is usually called "puffing" and considered a part of marketing. Intriguingly, I found your email regarding Dan's podcast insulting from the get go but chose not to respond in kind. Nor did he. In fact, I did not attack you, I merely observed your post was rambling and sounded like science fundamentalism, which I'm pretty used to hearing. It used to pain me to no end that Carl Sagan was a science fundamentalist because he could not see the dicotomy in his description of the cosmos that he could not confirm in person and his belief that he had to quanitify the unquantifiable. As regards your aunt, you sounded angry. In social work I met a lot of angry people and I tend to recognize anger and sarcasm when I experience it. I am a wordsmith - a writer, a researcher, a student of human behavior and expression. Frankly, you sounded angry. Also, I have never claimed to see an aura, in fact, I have disclaimed being able to see auras. You confuse me with Dan. I'm not Dan. Legally, there is no requirement for someone to save someone else. Surprised? I sure was. If you see someone drowning you do not have to attempt to save them. The chiro was not legally obligated to refer. Morally, yes, I would agree to that. I've never met a chiro who thought he could do anything. You must have met some real doozies. As to death being natural - children die at birth, they die as little kids, they die of cancer and cystic fibrosis and all sorts of things. People die as adults, as young adults and as elderly adults. Death, even death from cancer, even death from cancer at 53 is not an unnatural thing. It is sad. We do not know if it was needless or not, since my experience with life and death is different from yours. I felt my mother's death from cancer at age 62 was one of the most profound tragedies in my life at the time, but I have also come to understand that it was also one of the most profound learning and growth experiences in my life. I believe that we come to this world and live in this world and leave this world with intention. I actually wasn't ranting. Sorry you feel that way. As to photography, are you aware that without photography that there would be no microchip in the computer you use and that is demonstration of the scientific use of photography in action? Are the photographs from the Hubble non-scientific? The photographs from electron microscopes? And, to be honest, at the pixel level I can always spot a photo that has been altered. I do graphics. I can manipulate images. You can detect it pretty easily if you simply have the tools to look. Just as voice prints can be manipulated and one can detect that manipulation with the right level of sophisticated tools. As to electrical energy in the body - it is electrical energy that makes your heart beat. Our neurons in our body use chemical energy which is a form of electrical activity. Actually, doctors not being god has nothing to do with religion, it has to do with people acting as if doctors are god. They are not. You are wrong, people do still rub two sticks together to start a fire all over the world - including boy scouts and girl scouts. Oops. And it is merely another method of creating fire - it is not primitive - it is different. If we only used useful things we would not do much of what we do even in so called modern medicine. We would not have lobotomized people. We would not continue to force children to take antipsychotics just to calm them down when they are not psychotic. We would not administer antipsychotics to elderly persons in nursing homes to make them easier to control - even though they are not psychotic. That is useful, certainly, but also morally reprehensible. As bad as driving devils out of little children and killing them in the process or doing rebonding with small children and killing them. If genetic blindness is such a problem, why does it still exist? Wouldn't all those genes have been bred out of the population through death of the weak link? I'm sorry, the argument you made fails. As to my providing you scientific proof of an aura, I don't see that is my responsibility or that of Dan. That is silly - I could equally demand that you prove it does not exist, which you cannot do. In all honesty, I don't have the time to do your research for you so I guess you wil l have to dig it up on your own - or not, as you chose. You are certainly free to participate in the skeptic.com mentality of attempting to quote debunk unquote something by saying it isn't so, but it appears to me that you are talking from a point of lack of knowledge and daring others to provide you with something you would never accept if it fell in your lap. That's really rather sad as I consider the impossible all the time - and often find it is possible. We still disagree - and I suspect we will continue to disagree. Slithy - back to researching - but not auras

subset: commoncrawl


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
October 1, 1969
Irving Smith, J.
Petitioner is an American-born citizen over 25 years of age and is a student attending college in the City of New York. The petitioner states that, as a student of Africa and its culture, he has chosen a name based on its heritage. In addition, he stated that he intends to instruct the world as to the attitudes and behavioristic patterns of the African people, and, therefore, would like to assume the name of Kikuga Nairobi Kikugus.
It is common knowledge that Nairobi is the capital of the African nation, Kenya. However, upon this court's investigation as to the meaning of the words Kikuga and Kikugus, for which we owe the Kenyanese Embassy and the Afro-American Institute our thanks for their co-operation, no special significance or meaning can be found for these two words.
The contention urged by the petitioner to support his application for a change of name is unfounded. The petitioner need not assume a name so unlike his own in order to teach or instruct others in African heritage. His present name, Robert Lee Middleton, is a fine American name, and one which any individual should be proud to bear. The petitioner's father proudly bore the name Middleton and the petitioner's mother's maiden name of Sinclair is another honored American name. The petitioner should be proud not only of his American citizenship but of his name, his forbears, and his American ancestry as well. The petitioner need not change his name to teach any subject either in this great country or in any other country.
Many universities in the United States have recently commenced programs and studies devoted to the African heritage; their administrators and directors are learned American men and women who are proud of their dual heritage and are pursuing fields of study appropos to education, background and academic interests without resort to such subterfuge as changing their patronymics. The petitioner's stated purpose for changing his name will tend to mislead those he would like to instruct as to the attitudes and behavior of the African people.
This court, in Matter of Green (54 Misc. 2d 606); Matter of Jama (51 Misc. 2d 9); Matter of Wing (4 Misc. 2d 840); Matter of Filoramo (40 Misc. 2d 598), ably discussed any individual's common-law privilege to change his name to anything he wants by simply using the name as his own over a period of time. This application is brought under section 60 of the Civil Rights Law of New York as merely a ministerial aid of the common law. But, this court is duty-bound to prevent any startling events as a result of the change of name and to discover any attempt at fraud, duplicity or chicanery as a result of a change of name.
Accordingly, this court, based on the reasons proffered by the petitioner for wanting to change his name, must deny his application, as those reasons are erroneous and confusing at best.
The application is in all respects denied.
© 1998 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Duration: 19min 25sec Views: 990 Submitted: 8 months ago Submitted by:
Description: Feel free to click and watch HD porn here! A fat meaty cock penetrates a hot asian pussy so deep that the cutie gives the sweet sigh of excitement! The lovers perform a nice fuck in various poses and show how skillfully they can gratify each other. The sweety is very sexy and has real talents in porn industry due to her natural emotions!
Tags: 10musume


text:
Listing Courtesy of Castle Rock Realty
Listing information
- Beds: 5
- Stories: 2
- Foreclosure: No
- Estimated Annual Taxes: $4,744
- Middle School: Adams-Friendship
- Body of Water: Castle Rock
- Style: Other
- Baths: 4 (Full: 3 3/4: 0 1/2: 1 Other: 0)
- Parking Type Description: Attached 3 cars
- Total Square Footage: 4,123 ($109.12 per sq. foot)
- County: Adams
- Elementary School: Adams-Friendship
- Subdivision: Northern Bay
- Year Built: 2007
- Status: Active
- New Construction: No
- Lot Area: 0.52
- High School: Adams-Friendship
- School District: Adams-Friendship
Appliances Dishwasher, Microwave, Range/Oven, Refrigerator
Architecture Other
Basement Exposed, Full, Walk Out/Outer Door
Bath Descriptions Master Bedroom Bath, Master Bedroom Bath: Full
Building Type 2 Story
Estimated Age Range 6-10 Years
Exterior Stone, Wood
Exterior Features Deck, Patio, Screened porch
Garage 3 Car, Attached, Opener Included
Heat Fuel Lp Gas
Heating/Cooling Central Air, Forced Air
Interior Features Cathedral/vaulted ceiling, High Speed Internet, Some window coverings, Tile Floors, Wood or Sim.Wood Floors
Other Limited Service - N, Tax Year - 2015, Total Baths - 3.5, Zoning - Res.
Property Type Single-Family
Water Features Deeded Access-No Frontage, Deeded Water Access, Lake, Water Ski Lake
Water Waste Private Septic System, Well
Bedroom 2 Upper 12x15
Bedroom 3 Upper 11x15
Bonus Room Upper x
Dining Room Main 10x15
Kitchen Main 14x19
Living Room Main 15x18
Master Bedroom Main 14x15
Bedroom 4 Lower 11x15
Bedroom 5 Lower 11x15
Family Room Lower 14x27
Listing Courtesy of Castle Rock Realty


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
November 15, 2012
PAUL REID, PETITIONER,v.GREG BARTKOWSKI, ET AL., RESPONDENTS.
Petitioner Paul Reid ("Petitioner"), a prisoner currently confined at New Jersey State Prison in Trenton, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The respondents are Greg Bartkowski and Paula Dow. For the reasons stated below, the Petition will be denied.
The facts of this case were recounted below and this Court, affording the state court's factual determinations the appropriate deference, see 28 U.S.C. § 2254(e)(1)*fn1 , will simply reproduce the recitation as set forth in the unpublished opinion of the Superior Court of New Jersey, Appellate Division:
Defendant and one of his co-defendants, Tariq Maqbool, were involved in the sale of cellular telephones and prepaid calling cards at a discount. Jawad "Jay" Mir was the roommate of Amit "Andy" Vishal, who was involved in the same business.
With the assistance of Mir and Vishal, defendant and Maqbool arranged for the sale of a large number of prepaid calling cards and cellular telephones, purportedly at a steep discount, to Joong "John" Ahn and Mun "Mike" Ahn. The buyers arrived at the location where the sale was to take place, carrying with them a substantial amount of cash that they had brought in order to consummate the deal. Because they had been involved in bringing the parties together, Mir and Vishal were also there to help finalize the transaction. However, defendant, Maqbool and two other co-defendants, Zaid Tariq and Steven Reid, overpowered the buyers, and also overpowered Mir and Vishal.
The four co-defendants bound the four others with duct tape and took the money that the buyers had brought with them for the purchase. Defendant and the three co-defendants then forced Mir and Vishal to assist them in taking Joong Ahn and Mun Ahn from the location where the transaction was to have taken place and to drive them to a remote location. Mir and Vishal were later left in a motel room and were eventually permitted to leave. The two Ahns were killed, and their bodies were left in a vehicle that was set afire in a bus company's parking lot. The medical examiner determined that one died from strangulation and one from blunt trauma to the brain and smoke inhalation.
State v. Reid, 2005 WL 3747511, at * 1 (N.J. Super. Ct. App. Div. February 09, 2006). Following a jury trial, Petitioner was found guilty of two counts of felony murder, N.J.S.A. 2C:11-3a(3), one count of first-degree kidnapping, N.J.S.A. 2C:13-1b, and one count of second-degree armed robbery, N.J.S.A. 2C:15-1. Id. The jury acquitted him of two counts of murder, N.J.S.A. 2C:11-3a(1); 3a(2), but found him guilty of two lesser included charges of aggravated manslaughter, N.J.S.A. 2C:11-4a. Id. The jury acquitted him of two additional counts of first-degree kidnapping, but found him guilty of two lesser included charges of third-degree criminal restraint, N.J.S.A. 2C:13-2a. Id. The jury also acquitted Petitioner of an additional count of aggravated assault, N.J.S.A. 2C:12-1b(4), and acquitted him of unlawful possession of a weapon, N.J.S.A. 2C:39-5b, possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a, and conspiracy to commit robbery, N.J.S.A. 2C:5-2. Id.
Petitioner was sentenced to consecutive thirty-year terms of imprisonment on each of the felony murder counts, to be served without parole, and to two concurrent five-year terms of imprisonment for the two criminal restraint counts, with all other counts being merged into the felony murder counts for sentencing purposes. Id.
Petitioner filed an appeal and on February 9, 2006, the Appellate Division upheld his conviction and sentence. Id. Thereafter, the New Jersey Supreme Court denied certification. State v. Reid, 902 A.2d 1237 (N.J. July 19, 2006). On November 20, 2006, Petitioner filed a petition for post-conviction relief ("PCR"). (Resp't's Br., Ex. 16, Pet'r's Pro Se PCR Mem.) On December 14, 2007, the state court entered an opinion and order denying PCR. (Id. at Exs. 66-67.) Petitioner appealed and on July 9, 2010, the Appellate Division affirmed the decision of the lower court. State v. Reid, 2010 WL 4054277 (N.J. Super. Ct. App. Div. July 09, 2010). Petitioner filed a petition for certification which was denied by the New Jersey Supreme Court on January 7, 2011. State v. Reid, 12 A.3d 209 (N.J. January 07, 2011).
Thereafter, Petitioner filed the instant petition with this Court. (Docket Entry No. 1.) He raises the following grounds:
1. The state court's ruling that trial counsel's dual representation was not a conflict of interest, and counsel was not ineffective was contrary to clearly established federal law and United States Supreme Court precedence under ineffective assistance of counsel violated Petitioner's rights under U.S. Const. Amend Sixth and Fourteenth.
2. Trial counsel's failure to object and move to have the juror who claims that he was threaten [sic] by Petitioner's brother along with the juror whom he shared this information with dismissed and replaced, was ineffective assistance of counsel. Counsel's actions were contrary to the United States Supreme Court ruling in Strickland v. Washington and clearly established federal law.
3. The state court's ruling that the state did not violate a rule of law adopted in State v. A.G.D., 178 N.J. 56 (2003), grounded in the United States Constitution, was contrary to clearly established federal law, and an unreasonable application thereof, as well as an unreasonable determination in light of the evidence presented violating Petitioner's Fifth and Sixth Amendment [sic] of the United States Constitution.
4. Petitioner contends that his conviction should be vacated as the trial court's instruction to the jury on the theory of accomplice liability did not enunciate the shared intent requirement, nor did the trial court adequately repeat the charge of accomplice liability in the content of the lesser included offenses. Trial counsel's failure to object to trial court's erroneous instructions on accomplice liability was ineffective assistance of counsel, and rendered Petitioner's trial fundamentally unfair in violation of his right to a fair trial and due process under the United States Constitution Amendments Fifth, Sixth and Fourteenth.
5. Trial and appellate counsels failure to protect Petitioner's constitutional rights to due process of law and a fair trial when they failed to challenge and/or argue that Petitioner was illegally arrested and that the subsequent alleged consent to search was fruits of said illegal arrest was ineffective assistance of counsel, contrary to clearly established federal law, or an unreasonable application of federal law, or an unreasonable application of federal law and so is not procedurally barred, therefore a writ should issue.
6. The conviction was obtained and/or sentence imposed in violation of the Fifth and Fourteenth Amendment to the Constitution of the United States, the right to a fair trial free from prosecutorial misconduct. A.) The record overwhelmingly establishes that the state regularly vouched for the credibility of its witnesses, and stated numerous time [sic] that Petitioner was a liar. Using perjured testimony to secure Petitioner's convictions.
B.) Detective Diaz's testimony before the grand jury, and the petit jury was false. C.) The false testimony renders Petitioner's trial fundamentally unfair requiring that a new trial be granted. D.) The need for an evidentiary hearing is warranted here.
7. The state court's ruling that appellate counsel's failure to raise any of the issues mounted herein on direct appeal, and to adequately consult with Petitioner prior to submitting Petitioner's brief was not ineffective assistance of counsel, was contrary to the United States Supreme Court ruling in Strickland v. Washington and clearly established federal law. Therefore, the writ should issue. (B). PCR counsel was ineffective for failing to secure an affidavit or certification to support a deposition taken from a witness by a state investigator from the public defender's office.
(Pet., Docket Entry No. 1.) Respondents filed an answer, arguing that Petitioner is not entitled to habeas relief. (Docket Entry No. 10.) Petitioner did not submit a reply.
A. Legal Standard
As amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2254 now provides, in pertinent part:
(a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application 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. ...
(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the 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.... 28 U.S.C. § 2254.
A state court decision is "contrary to" Supreme Court precedent "if the state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases," or "if the state court confronts a set of facts that are materially indistinguishable from a decision of th[e] Court and nevertheless arrives at a result different from [the Court's] precedent." Williams v. Taylor, 529 U.S. 362, 405--06 (2000). A state court decision "involve[s] an unreasonable application" of federal law "if the state court identifies the correct governing legal rule from [the Supreme] Court's cases but unreasonably applies it to the facts of the particular state prisoner's case," and may involve an "unreasonable application" of federal law "if the state court either unreasonably extends a legal principle from [the Supreme Court's] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply," (although the Supreme Court expressly declined to decide the latter). Id. at 407--09.
To be an "unreasonable application" of clearly established federal law, the state court's application must be objectively unreasonable. Id. at 409. In determining whether the state court's application of Supreme Court precedent was objectively unreasonable, a habeas court may consider the decisions of inferior federal courts. Matteo v. Superintendent, 171 F.3d 877, 890 (3d Cir. 1999). Even a summary adjudication by the state court on the merits of a claim is entitled to § 2254(d) deference. Chadwick v. Janecka, 312 F.3d 597, 606 (3d Cir. 2002) (citing Weeks v. Angelone, 528 U.S. 225, 237 (2000)). With respect to claims presented to, but unadjudicated by, the state courts, however, a federal court may exercise pre-AEDPA independent judgment. See Hameen v. State of Delaware, 212 F.3d 226, 248 (3d Cir. 2000); Purnell v. Hendricks, 2000 WL 1523144, *6 n. 4 (D.N.J. 2000). In such instances, "the federal habeas court must conduct a de novo review over pure legal questions and mixed questions of law and fact, as a court would have done prior to the enactment of AEDPA." Appel v. Horn, 250 F.3d 203, 210 (3d Cir. 2001) (citing McCandless v. Vaughn, 172 F.3d 255, 260 (3d Cir. 1999)). "However, § 2254(e)(1) still mandates that the state court's factual determinations are presumed correct unless rebutted by clear and convincing evidence." Appel, 250 F.3d at 210.
The deference required by § 2254(d) applies without regard to whether the state court cites to Supreme Court or other federal caselaw, "as long as the reasoning of the state court does not contradict relevant Supreme Court precedent." Priester v. Vaughn, 382 F.3d 394, 398 (3d Cir. 2004) (citing Early v. Packer, 537 U.S. 3 (2002); Woodford v. Visciotti, 537 U.S. 19 (2002)).
B. Analysis
1. Ineffective Assistance of Counsel
The Sixth Amendment, applicable to states through the Due Process Clause of the Fourteenth Amendment, guarantees the accused the "right ... to have the Assistance of Counsel for his defense." U.S. Const. Amend. VI. The right to counsel is the right to the effective assistance of counsel, and counsel can deprive a defendant of the right by failing to render adequate legal assistance. See Strickland v. Washington, 466 U.S. 668, 686 (1984).
A claim that counsel's assistance was so defective as to require reversal of a conviction has two components, both of which must be satisfied. See Strickland, 466 U.S. at 687. First, the defendant must "show that counsel's representation fell below an objective standard of reasonableness." Id. at 687-88. "[C]counsel should be 'strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.'" Cullen v. Pinholster, 131 S.Ct. 1388, 1403 (2011)(citing Strickland, 466 U.S. at 690, 104 S.Ct. 2052). "To overcome that presumption, a defendant must show that counsel failed to act 'reasonabl[y] considering all the circumstances.'" Id. (citing Strickland, 466 U.S. at 688).
Further, a "convicted defendant making a claim of ineffective assistance must identify the acts or omissions of counsel that are alleged not to have been the result of reasonable professional judgment." Id. at 690. The court must then determine whether, in light of all the circumstances at the time, the identified errors were so serious that they were outside the wide range of professionally competent assistance. Id.
To satisfy the prejudice prong, the defendant must show that "there is a reasonable probability that, absent the errors, the factfinder would have had a reasonable doubt respecting guilt." Id. at 695. "It is not enough 'to show that the errors had some conceivable effect on the outcome of the proceeding'...Counsel's errors must be 'so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.'" Harrington v. Richter, 131 S.Ct. 770, 788 (2011)(citing Strickland, 466 U.S. at 687, 104 S.Ct. 2052). As the Supreme Court explained, In making this determination, a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury. Some of the factual findings will have been unaffected by the errors, and factual findings that were affected will have been affected in different ways. Some errors will have had a pervasive effect on the inferences to be drawn from the evidence, altering the entire evidentiary picture, and some will have had an isolated, trivial effect. Moreover, a verdict or conclusion only weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support. Taking the unaffected findings as a given, and taking due account of the effect of the errors on the remaining findings, a court making the prejudice inquiry must ask if the defendant has met the burden of showing that the decision reached would reasonably likely have been different absent the errors.
Strickland, 466 U.S. at 695-96.
The Supreme Court instructs that a court need not address both components of an ineffective assistance claim "if the defendant makes an insufficient showing on one." Strickland, 466 U.S. at 697. "If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed." Id.
a. Ground One
In Ground One, Petitioner argues that the state court erred when it failed to find that his trial counsel was ineffective for not informing him that he was also representing Efrain Diaz, the arresting officer. Petitioner raised this issue in his PCR petition. The state court denied his claim:
In this matter, Petitioner alleges he received ineffective assistance of counsel due to the fact that counsel had a concurrent conflict of interest, specifically that trial counsel represented both Petitioner and Detective Efrain Diaz. The record, however, indicates no such conflict and is devoid of any suggestion of dual representation. Petitioner argues that his sister became aware of the dual representation, confronted trial counsel about it, and counsel failed to disclose the nature of the representation. Thereafter, counsel asked whether petitioner had a problem with him representing Mr. Diaz. Petitioner admits he replied that he did not have an issue with this. As an explanation to his response, petitioner states that he felt too invested with trial counsel at that stage of the proceedings to withdraw, however, fails to provide facts sufficient to support their claim. At no time did petitioner include affidavits or certifications of said statements.
Moreover, petitioner's argument fails under the Strickland test. Applying the first prong, petitioner has not demonstrated that counsel's representation deviated from the standard norm or failed to act as a "reasonable professional." In order to establish a prima facie case, evidence must be submitted in the form of an affidavit or certification by someone who possesses first hand knowledge of the statements attested thereto. State v. Cummings. As noted above, no affidavits or certification were provided to the court indicating such by petitioner. Therefore, petition has failed to satisfy the first prong of the Strickland test and cannot make a prima facie showing of ineffective counsel.
The State, however, has submitted a supplemental brief which includes a certification by Efrain Diaz whereby he certifies that he has never been represented by Anthony Peduto, Esq. or Genesis Peduto Esq., nor has any member of his family, friends, or co-workers. In light of this information, clearly petitioner has failed to make a prima facie claim because he has failed to provide the requisite evidence needed to sustain a claim of ineffective assistance of counsel. (Resp't's Br., Ex. 67, PCR Opinion 7-8.)
The Appellate Division affirmed that holding, stating:
Additionally, defendant asserts that an evidentiary hearing should have been conducted so that Peduto could have testified regarding his alleged representation of Diaz. Essentially, other than the unembellished assertion that defendant established a prima facie case which warranted an evidentiary hearing, no specific evidence has been brought to our attention which required it. More is necessary. Given Diaz's certification, and the court's reliance upon it, defendant simply did not present a prima facie case of ineffective assistance of counsel. Therefore, no evidentiary hearing was required. See State v. Preciose, 129 N.J. 451, 462-63, 609 A.2d 1280 (1992); State v. Cummings, 321 N.J.Super. 154, 169-70, 728 A.2d 307 (App.Div. 1999) (citation omitted). The motion judge's decision not to grant an evidentiary hearing is therefore also affirmed. State v. Reid, 2010 WL 4054277, at *2 (N.J. Super. Ct. App. Div. July 09, 2010).
The foregoing shows that the New Jersey courts reasonably applied the Supreme Court's holding in Strickland and its progeny. Petitioner has demonstrated neither that counsel's performance was deficient, nor that the results of the trial would have been different. Specifically, the New Jersey courts found that Petitioner had not provided sufficient support for his contention that trial counsel represented both Mr. Diaz and him and as such, failed to meet the first prong of Strickland. The Appellate Division agreed. This Court finds that the state courts' holdings did not result in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law nor did it result in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. Therefore, habeas relief is denied on this ground.
b. Ground Two
In Ground Two of the petition, Petitioner argues that his trial counsel failed to move to have two jurors removed from the jury after it was discovered that one of the jurors was allegedly threatened by an individual who claimed to be Petitioner's brother. The juror who was approached told another juror about the incident. Petitioner alleges that trial counsel was ineffective for failing to request that these two jurors be removed.
Petitioner raised this issue in his PCR petition. The court denied that claim:
In the case at bar, Petitioner argues that the jury was tainted, the result of which lead to an impartial jury and that trial counsel, the Court, and appellate counsel alike failed to meaningfully pursue this issue. The taint stemmed from an incident involving jury number three who was approached by a man claiming to be defendant's brother and stated "my brother is not a killer." However, it has been determined that defendant's brother, as a matter of fact, was not present in the court room during this alleged incident. The Court spoke to the juror in confidence, outside the presence of the remaining jurors to ensure that juror number three would not be adversely affected concerning his ability to serve as a juror. Juror twelve also inquired as to the identity of the man who purported to be the brother of the defendant which prompted the Court to similarly ensure that said juror would not be affected as to his duty to be an impartial juror.
As mentioned above, R. 3:22-4 applies to this claim which results in barring the claim from being heard at this juncture. Clearly this claim could have been raised within the prescribed time limitation provided under this rule, failure to do so will not place petitioner within one of the enumerated exceptions absent a showing of an unconstitutional result. As such, Petitioner has clearly failed to make a showing of an unconstitutional result because the Court took proper measures to protect the integrity and impartiality of the jurors by addressing the issue in the presence of the counsel and determined no taint existed. (Resp't's Br., Ex. 67, PCR Opinion 19-20.)
As found by the state court, the Court took proper measures to ensure the integrity and impartiality of the jurors in the presence of counsel. The court questioned the two jurors who were aware of the comments and the court was satisfied that the jurors were able to remain impartial. As such, it was reasonable for counsel not to move to have the two jurors removed. Morever, Petitioner has not shown any prejudice and as such, he has not established either prong of the Strickland standard. Petitioner has failed to show that the state courts' holdings resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law or that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. Therefore, habeas relief is denied on this ground.
c. Ground Five
In Ground Five, Petitioner alleges that counsel's failure to argue that Petitioner was illegally arrested and as such, the consent to the search was "fruits of said illegal arrest," was ineffective assistance of counsel. The state court denied him relief, finding:
Petitioner argues that his arrest was illegal because the police failed to inform him of the charges against him and the issuance of an arrest warrant before arresting petitioner. Petitioner further contends that the police's conduct resulted in an illegal arrest and the subsequent evidence acquired was tainted as a fruit of the poisonous tree. It is important to note that the merits of this claim were already heard by the Appellate Division, nonetheless, Petitioners [sic] advances this claim again despite already being adjudicated at the appellate level. In fact, petitioner's argument is based largely on the same case law that was considered by the Appellate Division.
R. 3:22-5 bars assertion of grounds previously adjudicated. Petitioner, undeterred by procedural bars, premises his argument under the ineffective assistance of counsel again in an attempt to circumvent the procedural bar. Specifically, he states that had he been given the opportunity to testify at the suppression motion, the results of the motion would have been different. This assertion, however, is speculative at best unless petitioner makes a prima facie showing supported by a factual basis and satisfies the burdens of the Strickland test. In this case, petitioner has failed to do so, thus the Court cannot grant the relief sought. Further, R. 3:22-5 controls and ultimately requires the court to deny the claim. (Resp't's Br., Ex. 67, PCR Opinion 21-22.)
This Court finds that the state court reasonably applied the Supreme Court's holding in Strickland and its progeny. Petitioner demonstrated neither that counsel's performance was deficient, nor that the results of the trial would have been different. Specifically, the New Jersey courts found that Petitioner had failed to show any prejudice as required by Strickland. Moreover, "[a]n illegal arrest, without more, has never been viewed as a bar to subsequent prosecution, nor as a defense to a valid conviction." United States v. Crews, 445 U.S. 463, 474 (1980); see also Gerstein v. Puqh, 420 U.S. 103, 119 (1975).
This Court finds that the state courts' holdings did not result in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law nor did it result in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. Therefore, habeas relief is denied on this ground.
d. Ground Seven
In Ground Seven, Petitioner argues that appellate counsel was ineffective for failing to raise on direct appeal all claims which were raised in his PCR petition. Petitioner further argues that his PCR counsel was ineffective for failing to obtain a certification or affidavit regarding the conflict of interest issue.
The Fourteenth Amendment guarantees a criminal defendant pursuing a first appeal as of right certain "minimum safeguards necessary to make that appeal 'adequate and effective,'" Evitts v. Lucey, 469 U.S. 387, 392 (1985) (quoting Griffin v. Illinois, 351 U.S. 12, 20 (1956)), including the right to the effective assistance of counsel, Evitts at 396. The ineffective assistance of counsel standard of Strickland, 466 U.S. at 686, applies to a claim that appellate counsel was ineffective. See Smith v. Robbins, 528 U.S. 259, 285 (2000); United States v. Cross, 308 F.3d 308, 315 (3d Cir. 2002). Defense counsel has a constitutionally imposed duty to consult with the defendant about whether to appeal when "there is reason to think either (1) that a rational defendant would want to appeal (for example, because there are non-frivolous grounds for appeal), or (2) that this particular defendant reasonably demonstrated to counsel that he was interested in appealing." Roe v. Flores-Ortega, 528 U.S. 470, 480 (2000). The term "'consult' convey[s] a specific meaning-advising the defendant about the advantages and disadvantages of taking an appeal, and making a reasonable effort to discover the defendant's wishes." Flores-Ortega at 478. Petitioner raised the issue of ineffective assistance of appellate counsel in his PCR petition. The court denied his claim:
Petitioner argues that appellate counsel was ineffective for failing to raise the issues raised in the instant petition. The two pronged Strickland standard first requires that counsel's performance fell below an objective standard of reasonableness and, if that is the case, the defense was prejudiced by counsel's action or inaction. Strickland, supra, 466 U.S. at 693. The second prong requires a finding that there was a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Id. at 694.
Counsel argues that had appellate counsel rendered effective assistance, petitioner may have well received a reversal of his conviction on appeal. However, the Court finds petitioner's arguments absent of a specific factual basis demonstrating that counsel deviated from a professional standard. More problematic is that petitioner has failed to specifically outline how the outcome of the trial would have been more favorable had counsel raised the claims contained herein during the appeal. This critical flaw obliges the court to rule that the Strickland test has not been satisfied, consequently this claim must therefore be denied.
(Resp't's Br., Ex. 67, PCR Opinion 25-26.)
In this case, the New Jersey courts' adjudication of Petitioner's ineffective assistance of appellate counsel claim was not contrary to, or an unreasonable application of Strickland and other Supreme Court holdings. Specifically, the PCR court found that Petitioner had not satisfied either prong of Strickland. He did not provide any factual basis indicating that counsel had deviated from the professional standard and moreover, Petitioner had not shown how the outcome would have been more favorable had counsel raised said claims. Therefore, Petitioner did not meet the requirements for an ineffective assistance of appellate counsel claim and the petition will be denied on this ground.
With respect to Petitioner's claim of ineffective assistance of PCR counsel, such claim must be dismissed pursuant to 28 U.S.C. § 2254(i), because the "ineffectiveness or incompleteness of counsel during Federal or State collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under section 2254." 28 U.S.C. § 2254(I).
2. Confession
In this third ground for relief, Petitioner argues that his rights pursuant to State v. A.G.D., 178 N.J. 56 (2003) were violated when the police failed to inform him prior to questioning that a criminal complaint or arrest warrant had been filed against him.
Petitioner raised this issue in the state court suppression hearing conducted before the trial began.
So the case here, the A.G.D. case, is easily distinguished from the case at bar.
I believe what the Supreme Court has said here, and it's exactly right, a reinforcemement of Miranda. And what they have indicated here is that law enforcement cannot bamboozle a defendant...
And I think it's always been the understanding of Miranda that, you know, to waive one's Miranda rights means that one understands their rights. Okay. But, more importantly, and I think this case points it out, that they also understand what they are waiving. What rights are they waiving in terms of what they could be facing or what the charge is.
Now the case at bar has two very distinctive aspects to it.
Number one, there's no question, and it has not been refuted in any way, that Mr. Reid was arrested. That's number one....
Arrest itself certainly is a form of notice. You know that you, by virtue of being arrested, are being at least charged with a crime.
Now, that being said, Detective testified that he then, in order to, you know, get him away from the neighborhood and whatever, put him in the car, gave him Miranda warnings at that time and he admitted that he didn't go into any specifics with regard to what the, he was actually being arrested for, but they went at that time to the Prosecutor's Office.
Now, he then further testified, and it has not been refuted, that once they get there, they start a conversation with him and they tell him that they are investigating a double homicide that had taken place in Sayreville and they, according to the Detective, they also advised him that the arrest was pursuant to that double homicide.
Now, in my opinion, that is certainly sufficient notice to this Defendant as to why, and the circumstances under which he was being held and the magnitude and possibility of those circumstances for the future for him, to indicate that he had given Miranda voluntarily.
Because, clearly, and again it has not been refuted, I have in front of me the statement that was given by this Defendant to the detectives in which it is perfectly clear that he was, in fact, told, number one, that he was being asked to give answers concerning his knowledge of an investigation which is the death of Joong Ahn st and Muni Ahn which occurred on November the 1 of 2002.
So, clearly, he is put on notice with regard to the specifics of the investigation, the death of these two persons. And is also told that he is going to be answering questions. And he is asked if he understands and he says yes.
He tells him you were taken into custody earlier in Sayreville and I advised you of your rights?
And he says, "You certainly did."
So that certainly indicates to me that that was done. "And you understood them?" "Yes."
And so he tells him, "I'm going to advise you of your rights again. Every time, after every, or when, sir, please answer. You understand it, answer it okay?"
I don't quite know what that means. And then he goes specifically into each of the rights. ... "With the rights in mind, do you still, do you wish to talk to us now?"
And the answer was, "Yeah." ...
Certainly this was classic Miranda Rights. I have no reason to believe at that point that this Defendant did not understand what was being done. This was actually the second time that it was given to him. He acknowledged that with, you know, an affirmation. Number two, I am satisfied that he knew that he was being questioned with regard to the death of two people.
Number three, that he had been arrested with regarding the situation surrounding the death of these two people.
So, clearly, the new Supreme Court case is not applicable here....
[T]he Court does find that the Miranda warnings and the statement given by Mr. Reid under the circumstances are well within the law and the Court's [sic] finds them to be voluntary and that Mr. Reid was put under no duress and that he certainly had full knowledge of what he was facing or at least what the preliminary charges were with regard to his detainment by the Prosecutor's Office under those circumstances.
(Resp't's Br., Ex. 88, Suppress. Mot. Hr'g 39:8-45:19, Oct. 22, 2003.)
The Appellate Division affirmed the trial court's holding.
Defendant's second argument on appeal is that the pretrial judge erred in denying his motion to suppress the statements he made to police. Prior to trial, defendant moved to suppress all of the statements he made to the police, arguing that his Miranda rights had been violated. In particular, he asserted that the officers who questioned him did not advise him that there was an arrest warrant or a criminal complaint against him and did not explain to him why he was being questioned, in violation of our Supreme Court's holding in State v. A.G.D., 178 N.J. 56, 66-68 (2003). The motion judge heard the testimony of the officers who were involved in questioning defendant, concluded that defendant's waiver of his Miranda rights was both knowing and voluntary, and rejected the assertion that the then-recent decision in A.G.D., supra, 178 N.J. at 56, required a contrary result. We agree.
According to the evidence presented at the suppression hearing, defendant was apprehended, told that he was under arrest, placed in handcuffs and transported to the police station. He was advised of his Miranda rights both at the time of his arrest and prior to questioning. He was then advised that the officers were investigating a double homicide and asked if he would agree to speak with them about it. These facts are unlike the circumstances addressed in A.G.D. In A.G.D., the defendant agreed to accompany the officers to the police station and agreed to speak with them at a time when he was unaware that there was already an arrest warrant for him in connection with the crime. See Id. at 59-61. Here, when defendant agreed to speak with the officers, he was already under arrest and was fully aware of the events that the police officers were investigating. We therefore find no merit in his argument that the statements he gave should have been suppressed or that the motion judge erred in his analysis.
State v. Reid, 2005 WL 3747511, at * 2 (N.J. Super. Ct. App. Div. February 09, 2006).
At the outset, the Court notes that "[f]ederal courts hold no supervisory authority over state judicial proceedings and may intervene only to correct wrongs of constitutional dimension." Smith v. Phillips, 455 U.S. 209, 221, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982). "If a state prisoner alleges no deprivation of a federal right, § 2254 is simply inapplicable." Engle v. Isaac, 456 U.S. 107, 120 n. 19, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982). In reviewing a § 2254 petition, a federal court is not permitted to address a federal constitutional claim pertinent to the facts of the case unless the petitioner asserts the claim as a ground for relief.*fn2 Nor may the Court re-characterize a ground asserted under state law as a federal constitutional claim.*fn3 "[E]rrors of state law cannot be repackaged as federal errors simply by citing the Due Process Clause." Johnson v. Rosemeyer, 117 F.3d 104, 110 (3d Cir. 1997). And "it is well established that a state court's misapplication of its own law does not generally raise a constitutional claim." Smith v. Horn, 120 F.3d 400, 414 (3d Cir. 1997) (citation omitted); see also Smith v. Zimmerman, 768 F.2d 69, 71, 73 (3d Cir. 1985). As such, since it appears that Petitioner relies solely on the state court's alleged misapplication of State v. A.G.D., 178 N.J. 56 (2003), this claim would be dismissed on these grounds alone.
Further, to the extent Petitioner is arguing a violation of his Miranda rights, that claim would also fail. Pursuant to the Fifth Amendment to the United States Constitution, applicable to the States through the Fourteenth Amendment, "No person ... shall be compelled in any criminal case to be a witness against himself...." In Miranda v. Arizona, the Supreme Court of the United States held that: when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. Opportunity to exercise these rights must be afforded to him throughout the interrogation. After such warnings have been given, and such opportunity afforded him, the individual may knowingly and intelligently waive these rights and agree to answer questions or make a statement. But unless and until such warnings and waiver are demonstrated by the prosecution at trial, no evidence obtained as a result of interrogation can be used against him.
384 U.S. at 478--79 (footnote omitted).
A waiver may be made orally or may be implied from a suspect's conduct. See North Carolina v. Butler, 441 U.S. 369, 373, 99 S.Ct. 1755, 60 L.Ed.2d 286 (1979); United States v. Cruz, 910 F.2d 1072, 1080 (3d Cir. 1990). To introduce into evidence a suspect's statement made during custodial interrogation, the government must establish, by a preponderance of the evidence, a voluntary waiver of Miranda rights. Colorado v. Connelly, 479 U.S. 157, 168--69, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). This is a rule of constitutional dimension, violation of which may justify issuance of a writ of habeas corpus. See generally Dickerson v. United States, 530 U.S. 428, 120 S.Ct. 2326, 147 L.Ed.2d 405 (2000).
Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. At this point he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise. Without the right to cut off questioning, the setting of in-custody interrogation operates on the individual to overcome free choice in producing a statement after the privilege has been once invoked.
Miranda, 384 U.S. at 473--74. A defendant's right to cut off questioning must be "scrupulously honored." Michigan v. Mosley, 423 U.S. 96, 103--04, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975).
"The requirement that Miranda warnings be given does not, of course, dispense with the voluntariness inquiry. But ... '[c]ases in which a defendant can make a colorable argument that a self-incriminating statement was 'compelled' despite the fact that the law enforcement authorities adhered to the dictates of Miranda are rare.'" Dickerson, 530 U.S. at 444.
"[T]he ultimate issue of 'voluntariness' is a legal question requiring independent federal determination," and is thus not subject to the § 2254(d) presumption of correctness. Miller v. Fenton, 474 U.S. 104, 109--110, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985).
The Supreme Court has made clear that a statement is involuntary when the suspect's "will was overborne in such a way as to render his confession the product of coercion." Arizona v. Fulminante, 499 U.S. 279, 288, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991). In determining whether a statement is voluntary, Supreme Court precedent requires consideration of "the totality of all the surrounding circumstances-both the characteristics of the accused and the details of the interrogation." Dickerson v. United States, 530 U.S. 428, 434, 120 S.Ct. 2326, 147 L.Ed.2d 405 (2000) (quoting Schneckloth v. Bustamonte, 412 U.S. 218, 226, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973)). These surrounding circumstances include "not only the crucial element of police coercion, Colorado v. Connelly, 479 U.S. 157, 167, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986)," but may also include "the length of the interrogation, its location, its continuity, the defendant's maturity, education, physical condition, and mental health." Withrow v. Williams, 507 U.S. 680, 693, 113 S.Ct. 1745, 123 L.Ed.2d 407 (1993) (some internal citations omitted).
Lam v. Kelchner, 304 F.3d 256, 264 (3d Cir. 2002). "[S]ubsidiary questions, such as the length and circumstances of the interrogation, the defendant's prior experience with the legal process, and familiarity with the Miranda warnings, often require the resolution of conflicting testimony of police and defendant. The law is therefore clear that state-court findings on such matters are conclusive on the habeas court if fairly supported in the record and if the other circumstances enumerated in § 2254(d) are inapplicable." Dickerson, 474 U.S. at 117.
Here, the state courts correctly identified the applicable Supreme Court case law. The courts properly found that Petitioner was advised on more than one occasion of his Miranda rights and that he agreed to speak to detectives. Further, the courts properly found that given the totality of the circumstances, Petitioner was put on notice of the crimes for which he was arrested and thereafter questioned. Petitioner is not entitled to relief on this claim.
3. Jury Instructions
In his fourth ground for relief, Petitioner argues that the trial court's instructions to the jury regarding accomplice liability were insufficient because the court did not "enunciate" the shared intent requirement and failed to repeat the charge regarding accomplice liability in the context of the lesser included charges.
Petitioner raised this claim in his PCR petition and the court denied him relief.
Petitioner alleges that the Court improperly instructed the jury regarding accomplice liability. However, a close examination of the record indicates the contrary; the Court gave specific and comprehensive charges on accomplice liability memorialized on page 74 of the jury charge. In support of this finding, the Court notes that the trial court was guided by the principles established in State v. Bielkiewicz, 267 N.J. Super 520 (App. Div.) as he was charging the jury. Ultimately, this claim is procedurally barred and therefore relief under this claim cannot be granted. (Resp't's Br., Ex. 67, PCR Opinion 21.)
The Due Process Clause of the Fourteenth Amendment requires proof beyond a reasonable doubt of every fact necessary to constitute the elements of the crime. See In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). In Waddington v. Sauausad, 555 U.S. 179, 129 S.Ct. 823, 172 L.Ed.2d 532 (2009), the Supreme Court outlined the law regarding the constitutionality of state court instructions:
Even if there is some ambiguity, inconsistency, or deficiency in the instruction, such an error does not necessarily constitute a due process violation. Rather, the defendant must show both that the instruction was ambiguous and that there was "'a reasonable likelihood'" that the jury applied the instruction in a way that [violated the Constitution]. Estelle, supra, at 72, 502 U.S. 62, 112 S.Ct. 475, 116 L.Ed.2d 385 (quoting Boyde v. California, 494 U.S. 370, 380, 110 S.Ct. 1190, 108 L.Ed.2d 316 ... (1990)). In making this determination, the jury instruction "may not be judged in artificial isolation, but must be considered in the context of the instructions as a whole and the trial record." Estelle, supra, at 72. Because it is not enough that there is some "slight possibility" that the jury misapplied the instruction, Weeks v. Angelone, 528 U.S. 225, 236, 120 S.Ct. 727, 145 L.Ed.2d 727 ... (2000), the pertinent question "is 'whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process,'" Estelle, supra, at 72, 502 U.S. 62, 112 S.Ct. 475, 116 L.Ed.2d 385 (quoting Cupp, supra, at 147, 414 U.S. 141, 94 S.Ct. 396, 38 L.Ed.2d 368).
Waddington, 129 S.Ct. at 831--832 (2009) (citations and internal quotation marks omitted).
The New Jersey courts' adjudication of these claims was not contrary to, or an unreasonable application of Supreme Court holdings. The state courts properly found that the instructions given by the trial court did not impermissibly shift any burdens to the defense. Petitioner has failed to establish that he is entitled to habeas relief on this ground.
4. Prosecutorial Misconduct
In his sixth ground, Petitioner argues that he was denied a fair trial because the prosecutor improperly vouched for the credibility of its witnesses and called into question Petitioner's credibility in his closing argument.
It appears that Petitioner raised this claim in his PCR petition, under the theory of ineffective assistance of counsel.
[A]s mentioned above, this Court finds nothing in the record to show that any sort of prosecutorial misconduct occurred, so even if the Petitioner was not procedurally barred, he would still have no argument to support this claim. Applying the Strickland standards, trial counsel must show a reasonable likelihood that had counsel objected to the purported improper statements, the outcome of the trial would have been different. Said statements were not "improper" because New Jersey case law has stated that prosecutors are afforded considerable leeway in closing arguments as long as their comments are reasonably related to the scope of the evidence presented. State v. Timmendequas, 161 N.J. 515, 587 (1999). The prosecutor cannot be said to have engaged in comments that are not reasonably related to the scope of the evidence presented being that the State has submitted an overwhelming number of physical evidence and testimony. Bearing in mind the great leeway given to the prosecutor during summation, trial counsel did not deviate from reasonably professional misconduct [sic], therefore no evidentiary hearing should be granted.
(Resp't's Br., Ex. 67, PCR Opinion 15.)
When reviewing a prosecutor's comments in an opening or closing statement, "[t]he relevant question is whether the prosecutor's comments 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637 (1974)). In evaluating the likely effect of improper comments, a court may consider whether the improper comments were invited by or responsive to prior comments by opposing counsel. Darden, 477 U.S. at 181--82. Thus, "Supreme Court precedent counsels that the reviewing court must examine the prosecutor's offensive actions in context and in light of the entire trial, assessing the severity of the conduct, the effect of the curative instructions, and the quantum of evidence against the defendant." Moore v. Morton, 255 F.3d 95, 107 (3d Cir. 2001).
Based on a careful review of the entire trial record, this Court finds that the prosecutor's conduct during trial did not have the capacity to so infect the trial with unfairness as to make the resulting conviction a denial of due process. The trial court record shows no vouching by the prosecutor for the witnesses' testimony that would rise to the level of a constitutional violation. Therefore, the Court finds no error of constitutional dimension with respect to Petitioner's claim of prosecutorial misconduct. The state court rulings were not contrary to, and did not involve an unreasonable application of, clearly established federal law; nor was it based on an unreasonable determination of the facts presented in the state court proceedings. Accordingly, this ground for habeas relief will be denied.
Pursuant to 28 U.S.C. § 2253(c), unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken from a final order in a proceeding under 28 U.S.C. § 2254. A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). "A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 327 (2003).
Here, Petitioner has failed to make a substantial showing of the denial of a constitutional right. No certificate of appealability shall issue.
For the above reasons, the § 2254 habeas petition is denied, and a certificate of appealability will not issue. An appropriate Order follows.
JOSE L. LINARES United States District Judge
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
My faux silk rug had orange juice spilled on it and it dried. The rug is antique and I'm afraid of damage. Any ideas on how to get it off and also clean the whole rug.
It should be washable - most rugs are - so try to get at the stain with mild soap and water first - I read of frothing the soap in a bowl first and then putting the soap froth on the rug so it doesn't get too wet. Orange juice has a lot of sugar - so you should be able to wash that out.
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
Semester Pleasure Read
Semester Pleasure Read
Oolongatang created this book list on IndieBound.org because buying local and independent is important to your economy and your community.
Support independent bookstores by shopping at your local indies—or shop at Oolongatang's favorite store.
Print this list! RSS Feed
My favorite bookstores:Sandmeyer's Bookstore
714 South Dearborn Street
Chicago, Illinois 60605-1817
(312) 922-2104
Myopic Books
1564 N. Milwaukee Ave
Chicago, Illinois 60622
Barbara's Bestsellers
233 South Wacker Drive
Chicago, Illinois 60606
(312) 466-0223
Want to create your own book Wish List on IndieBound.org? It's fun and easy to do.
Learn more…


text:
Doctor insights on:
Itchy Spots On Middle Abdominal
I have extremely itchy abdominal area mostly chest and back.Its been 3weeks now and getting worse, have small red spots around the area.Ththanks?
Hives: Hives can cause red itchy spots. Treatment consists of antihistamines and avoidance of the cause which could be from a variety of problems including infection, allergy, hormonal issues, autoimmune problems, etc. I recommend seeing an allergist. ...Read more
I'm a 25 year old female and for the last 8 days i've had small pink spots on my abdomen. The spots aren't raised, nor are the itchy. Thoughts?
Many possibilities: This could be anything from a contact dermatitis to infection to a systemic reaction to some underlying condition or a primary skin problem. Suggest you see either a primary care physician (internist or family doctor) or a dermatologist. ...Read more
I have red spots on my abdomen and they are not bummpy nor are they itchy. ?
Examination: These are not diagnosable without being examined by your physician. Nonraised,nonitchy red spots on your abdomen are nonspecific and need to be seen for diagnosis. ...Read more
Have noticed raised whitish 'spots' appear on my thighs and abdomen. Sl itchy. Do I have them because of my age?
Very likely: If these spots have increased in number as you age, it is possible that they represent benign seborrheic keratoses. These are areas of abnormal skin histology caused by the sun. They can be waxy brown in appearance but often appear as whitish raised plaques on the trunk and extremities. They can itch occasionally. If you are concerned, see your dermatologist. ...Read more
Dark colored spots not itchy on shaft of penis inner thighs and abdomen worried...?
Yes!: Any skin lesions which appeared recently or changing in color , size or shape should be evaluated by a dermatologist. ...Read more
I am itchy on my neck, breasts, upper abdomen, little miniscule white spots. What is this?
Ask question: again but attach a picture!!Get a more detailed answer ›
Small red pinpoint spots, like tiny spots of blood on arms,back,abdomen. A few here and there, non-itchy, not raised. What could they be?
Capillary hemangioma: These may be capillary hemangioma a, a perfectly harmless tiny cluster of blood vessels. If you suddenly get a huge increase in their number or size, consult a dermatologist or internist. ...Read more
My husband developed black itchy spot over the left lower abdomen?
Many possibilities: There are many things that could cause the skin to itch. Several types of inflammatory conditions of the skin, allergic reactions, and sometimes bacterial, viral or fungal infections can cause rashes on the skin. Insect bites can also be the cause of a rash on the skin. Have it evaluated by a professional and get the appropriate treatment. ...Read moreSee 2 more doctor answers
Suddenly, red spot appeared on the skin of my left tigh. It's a bit white in the middle and it's itchy.A few inner-bleeding-like spots are around also?
Hives?: Sonnds like an allergic reaction, but cannot tell without more information. I think you should seek care in that it could get worse. ...Read more
- Talk to a doctor live online for free
- Rash and red spots on middle abdominal symptoms
- Flat red spots on skin not itchy
- Itchy red spots on vagina
- Ask a doctor a question free online
- Itchy white spots on vagina
- Itchy white spots on scrotum
- Causes of itchy red spots on the chest
- Red spots on chest and stomach not itchy
- Itchy spots on lower abdominal symptoms


text:
22nd Coventry Guiding
Fillongley Falcon Explorers
The Group is 10 years old this year-
All members of the group have been given a uniform badge, and either t-shirt or daysack to celebrate 10 years of scouting in Fillongley....
On Saturday 21st May we had a party with approx 140 people enjoying games, awards & food. Well done & thank you to those that organised and helped.
3 of Falcons Explorers have been involved in Fillongley scouting for 10 years, and we celebrated this, as well as wish them luck and enjoyment as they continue their scouting journey and their future achievements
...... and thanks to the leaders who give their time for the belief in scouting and the future of the young people of this community
Our second pack and colony are now doing well....In January each year we have to do a "scouting" head count.... Only 2 months later after Easter 2016 we are looking at a 25% growth with nearly 100 kids aged 6-13 enjoying scouting each week, not to mention the leaders who all come to have fun too.
If you would like to help setting up this web site or maintaining it please contact us
this could be used towards a IT badge or for a student or adult developing IT skills, or Duke of Edinburgh Award skill?
FILLONGLEY SCOUTS AND GUIDES Registered Charity 1064781


text:
If you've toyed with the idea of using Google AdWords to generate traffic to your website, but don't know where to start, here's the answer for you. Brad Callen, the creator of Keyword Elite has just released a comprehensive free ebook to help you kick start your pay-per-click (PPC) campaign. This Google Adwords guide will help you get started using the step by step checklist — from setting up an account to finding keywords to creating your campaign. Here's the table of contents.
- Are You Prepared To Profit From Instant Web Traffic?
- 10 Minutes To Instant Web Traffic
- Keyword Research Basics
- How to Write Ads that Attract Clicks
- Tracking Ads and Landing Pages
- Adwords Keyword Strategies
- Bonus Chapter – Finding Profitable Markets
- Bonus Chapter – Finding High Paying Adsense Keywords
- Bonus Chapter – Finding Profitable Keywords
Isn't it time you got the website traffic you deserve? Download your free copy of Google AdWords Made Easy (PDF) now.


text:
The Heart Test
Their result for The Heart Test ...
Slave to Your Heart
You are 50% Independent, 70% Idealistic, 80% Intimate, and 80% Indulgent!
The Slave to Your Heart
Dependent, Idealistic, Intimate, Indulgent
You are the most emotional of hearts, the Slave to Your Heart. You crave love, and have high standards for love. You are very intimate and value harmony with a mate. Sometimes you may feel that you are over-emotional and see this as a curse at times, because you are so emotionally-charged, and you so greatly desire love. You might want to break the emotional chains that bind you, but find that the ideals of love and intimacy are firmly shackled to you and cannot be severed.
Matches for the Slave to Your Heart:
The Bleeding Heart The Bleeding Heart is idealistic and indulgent as you are, and just as love-needy, making for lots of shared common ground. You'll also find the Bleeding Heart to be more passionate and fun-loving, something that at first might turn you off, but you will find this will provide a perfect balance to your intimate nature.
The Heart of Gold The Heart of Gold values harmony and unity just as you do, and shares your ideals of love and intimacy, but is more independent. The Heart of Gold will never leave you and always be there to love you, and this above all else you will appreciate. The Heart of Gold's loving nature will make you feel as if you have found someone to help carry your rattling emotional chains, and that they are glad to do it.
The Patron Saint's Heart The Patron Saint's Heart craves love just as you do and value harmony and togetherness as well, but is more down-to-earth and passionate than you. However, you will value these more sensual qualities, and the Patron Saint's more protective and loving nature will make you feel loved needed, something value greatly.
Your exact opposite is The Lord's Heart.
Avoid Explicits when possible. They're open and frank nature is contrary to yours. You may also want to avoid Independents unless they have other qualities you seek to balance them out, as you are a person who craves closeness with another person.
Their Analysis (Vertical line = Average)
They scored 50% on Independent, higher than 57% of your peers.
They scored 70% on Idealistic, higher than 73% of your peers.
They scored 80% on Intimate, higher than 77% of your peers.
They scored 80% on Indulgent, higher than 62% of your peers.
All possible test results
Soldier of Fortune
The Soldier of Fortune span style="f... Read more
Patron Saint's Heart
The Patron Saint's Heart span style=... Read more
Broken Heart
The Broken Heart span style="font-si... Read more
Lonely Heart
The Lonely Heart ... Read more
Rogue's Heart
The Rogue's Heart span style="font-s... Read more
Bleeding Heart
The Bleeding Heart p style="text-al... Read more
Heart on Sleeve
The Heart on Sleeve span style="font... Read more
Slave to Your Heart
The Slave to Your Heart span style="font-siz... Read more
Lord's Heart
The Lord's Heart span style="font-si... Read more
Healer's Heart
The Healer's Heart span style="font-... Read more
Pragmatic Heart
The Pragmatic Heart span style="font... Read more
Reclusive Heart
The Reclusive Heart span style="font... Read more
Lively Heart
The Lively Heart span style="font-si... Read more
Hero's Heart
The Hero's Heart span style="font-si... Read more
Rebel's Heart
The Rebel's Heart span style="font-s... Read more
Heart of Gold
The Heart of Gold span style="font-s... Read more
Recent Results
OutoftheSQ42 / f / Straight
Loose_Seal1929 / f / Straight
Tests others are taking
Juicegoat23 / f / Straight
The How good is your first message Test
mark_v2532 / m / Straight
The are you fucked in the head Test
RudeBwoy9224 / m / Straight
Copperstok47 / m / Straight
WhiteHatTaco1WH31 / m / Straight
More tests we think you'll like
Taken 6 times.
The Real Deal Test
Hi! And welcome to my Real Deal Test. I'll be using advanced logic and knowledge to determine your true nature. TODO: REWRITE THIS.
Taken 0 times.
The Are u a Suckubis Test
Hi! And welcome to my Are u a Suckubis Test. I'll be using advanced logic and knowledge to determine whether or not you are likely to devour mens' sou...
Taken 0 times.
The dumbest Test
Hi! And welcome to my dumbest Test. I'll be using no logic and little knowledge to determine something.
Taken 557 times.
The Humane Sexuality Test
Hi! And welcome to my Humane Sexuality Test. I'll be using advanced theory and research to determine how sexually open, educated and just plain weird ...
Taken 0 times.
The How 'L Word' Are You? Test
Do you watch Showtime's Hit Series "The L Word". Of course you do. How into this show are you? Let's find out!
Taken 35 times.
The Useless Trivia As Determined By the Author Test
Hi! And welcome to my Useless Trivia As Determined By the Author Test. I'll be using advanced logic and my useless knowledge amassed over years of veg...
Taken 0 times.
The me Test
Find out if we'll get along
Taken 0 times.
Test Bloque III [ITIL]
Bloque III - JL (2)
Taken 86 times.
The U.S. Presidents' and U.S. History Test!
How much U.S. History do you really know? Do you remember the things your teachers taught you? Do you pay attention when reading newspapers or watching the news?
Taken 0 times.
The are you the guy for me Test
Hey! I know what I'm looking for in a guy, and by answering these questions, I'll know if your someone that I could see myself dating :)
Connect your existing OkCupid account
Sign in
Welcome Back!
Restore your account to continue meeting new people.
Reset your password
We'll email you a link to reset it.
Email sent!
An email is on its way to .
If you don't see it, try checking your Spam folder.
Enter Authentication Code
Sign in
Not so fast!
You need to complete your basic info on the mobile app before you can use the desktop site.


text:
Date Added
More Filters
Russian Language Developer Relations Manager
Big Fish - Seattle, WA
Native proficiency in Russian and English. As part of our application process, please provide a cover letter written in Russian....
Business Development Associate
The Symphony of Light - Canton, MA
Able to speak Russian fluently. Collaborate with Marketing, IT and the Logistics Departments, including the Russian Marketing Departments....
Personal Care Worker
G&B Homecare Services, Inc. - Denver, CO
Providing non-skilled personal care and light homemaking for disabled and/or elderly clients. Must have reliable transportation and flexible hours. Job Type:
Staffing Supervisor - Russian Speaking
JEVS at Home - Philadelphia, PA
Bi-lingual - (Russian as a second language.). Essential Duties and Responsibilities:....
Russian-English Content Writer
Digital Forensic Corp - Cleveland, OH
Speak, read and write Russian. Significant amount of time in the US allowing proficiency in American language and culture;...
Bilingual (Russian / English) Physical Therapist Assistant PTA
Suburban Home Health Care, Inc. - Lynn, MA
Suburban is a family owned and operated home health care agency that has been serving the Greater Boston area since 1965. Suburban Home Health Care, Inc. is
FSR Nurse Specialist, RN
L.A. Care Health Plan - Los Angeles, CA
Bilingual in one of LA Care Health Plan's threshold languages:. English, Spanish, Chinese, Armenian, Arabic, Farsi, Khmer, Korean, Russian, Tagalog, Vietnamese,...
Registered Visiting Home Care Nurse for Brooklyn
Home Care Agency - Brooklyn, NY
Registered Nurse needed for Home Care Agency Complete visits 2-3 days a week office Hours 9am to 5pm include completing documentation, Inservice and
K-8 Technology Teachers Tucson & Phoenix - start Jan 2017
Academy of Math and Science - Phoenix, AZ
Do you believe in the importance of a balanced education with core subjects being supplemented with STEM, foreign languages including Russian and Mandarin,...
Middle School Social Studies Teacher - start Jan 2017
Academy of Math and Science - Tucson, AZ
Do you believe in the importance of a balanced education with core subjects being supplemented with STEM, foreign languages including Russian and Mandarin,...


text: Buy & Sell Listing - Want to SellSelling FS: Ricoh GR like new Prices $560 Location USA Ships to USA Description I am selling my almost new Ricoh GR. Comes with everything as new including box and open warranty. Not sure about actuations but my guess is less than 1k. I'm moving to a mirror less system. $560 plus 3% paypal and shipping in conus. I'm in northern virginia if you'd like to pick up. Payment accepted Regular PayPal (buyer adds 3% for this option) Shipping method USPS priority Shipping charge Actual Handling time 3 days max References eBay - dcla1965. RFF- stnolan Additional comments Not open to offers below asking price (Price is firm) Buyer must have a PayPal confirmed address Acknowledgement I have read and agree to the Buy and Sell rules.


text:
Posted by Amanda
Attorney Cunnally is courteous, knowledgeable, and compassionate. My husband and I have had such a positive experience with her we've recommended her to everyone we know who needs an attorney.
Posted by Maura
I consulted with Colleen while going through my divorce. I presented all the facts to Colleen, and Colleen was very knowledgable and presented me with all of my options. Colleen explained each step in great detail, so I was well prepared and could anticipate each step. Luckily, I was able to negotiate an uncontested divorce with my ex-husband, so lengthy litigation was not needed. However, since Colleen was so thorough, I was well aware of the law and the requirements. I feel that I was able to negotiate a fair settlement thanks to Colleen's legal skills and knowledge. As an added bonus, Colleen's warmth and understanding makes a difficult process, slightly easier to handle. I would highly recommend Colleen if anyone is seeking counsel on any family law issue.
Posted by Janet
When I first met Attorney Colleen Cunnally, I appreciated the policy of the extended time I was given, in my initial consultation to understand all my options in a divorce and answering all my questions., which everyone has.
Attorney Cunnally, is an extremely knowledgeable lawyer, whom I came to know as someone who always gave me good advice and always was straight up front with me, with regard to my options and her suggestions.
She never steered me wrong in any decision I made and was there for me at every situation that developed and dealt with it promptly.
I cannot say enough for always feeling I had someone on my side, understanding my needs who is very professional, honest and prepared with regard to any question, situation or documentation, needed.
This is what you want when you are in a position of divorce.
Going through a divorce, I came to realize, you are not always understanding the law.
That is not your job. It's your lawyers and that is where Colleen steps in and deals with all those obstacles and paper work needed to get you through your divorce.
I can also say that everyone I encountered in her Firm, is also there for you and will help in any way they can.
I have the highest regard for Attorney Cunnally and would recommend her, in a heartbeat, to anyone needing, advise or a lawyer.
I would choose her again, if I had the opportunity to go back and do it all over again.
At Cunnally Law Group, LLC, Divorce Collaborative, we resolve your family law conflict - not create more of it.
We suggest clients first consider alternatives to expensive and stressful litigation when possible, including mediation and collaborative divorce.
Our lawyers and mediators are completely focused on divorce and family law. We appreciate the trust our clients place in us, and provide top-notch client service.
Our approach is reassuring and consultative, but we are ready to fight for you in court when needed. We help our clients stay focused on what is important, with an eye to the future.
For more information about me and my firm, please visit us online at www.divorcecollaborative.com.
On our site, we add fresh content frequently and will be soon adding videos and podcasts. Don't forget to read our informative blog.
Check out the profiles of Attorney Brian M. Angel Burke and Katherine E. Thomas of The Divorce Collaborative.
To schedule a consultation, please email me at email@example.com
Hourly ($275-300/hour), Fixed (sometimes), Retainer (sometimes)
Payment types:
Cash, Check, Credit card
Are you an attorney? Endorse this lawyer
Colleen is who I would hire if I needed a lawyer for a Family Law issue. She is knowledgeable, experienced and sharp. Yes, I work with Colleen, but that gives me an even better opportunity to review her work on a daily basis. Her clients are always impressed and as happy as one can be when faced with these types of legal issues.
John Lacey Criminal defense Attorney
Relationship: Co-worker
I endorse this lawyer. Simply put, whether you are facing a contentious divorce issue or seeking to ensure your rights are properly protected, Colleen is someone you want on your side. Her level of preparation, knowledge of the law, and advocacy skills are her keys to success inside and outside of the Courtroom.
Jason Carrozza Estate planning Attorney
Relationship: Fellow lawyer in community
163 Main Street
Suite 6
Medway, MA, 02053
|Legal answers
|Legal guides
|Award name
|Date granted
|Political Science Honors Award
|Pi Sigma Alpha
|Company name
|Attorney & Mediator
|Cunnally Law Group, LLC
|2011 - Present
|Counsel II
|Department of Revenue, Child Support Enforcement Division
|2006 - 2011
|Laine & Associates, P.C.
|2004 - 2006
|Metrowest Legal Services
|1999 - 2003
|Association name
|Position name
|Massachusetts Association of Guardians ad Litem
|2011 - Present
|Norfolk County Domestic Violence Screening Project
|2011 - Present
|Massachusetts Bar Association
|2011 - Present
|Worcester County Bar Association
|2011 - Present
|Domestic Violence Volunteer Assistance Project
|Board Member
|2001 - 2003
|School name
|Suffolk University Law School
|JD - Juris Doctor
|Western New England College
|Criminal Justice
|Bachelor of Science
|Conference name
|JNC Process
|Massachusetts Judicial Process
|Metrowest Legal Services Attorney Training
|Divorce & Child Support
|Child Support Information
|Massachusetts Child Support Laws
|Continuing Education
|Child Support and the Department of Revenue


text: Strap-on Lesbian, Strap On |Strapon, Lesbian|Dyke|Lesbo Porn Videos - Tube Stack is a free porn tube website filled with stacked chicks empflix. We have millions of porn com! empflix porn! xvideos huge dildo free. Free Lesbian Movies at XXX Vids! Watch HQ Porn, enjoy lesbian xxx movies and pics porn, busty sex on bustylesbianporn not yet xvideos member? here what you can do free account: upload videos. com While working out, one the girls spilled other drink pussy pornper. She got so pissed wanted to beat her ass but she decided teach lesson instead com hot tube, watch or stream online video gangbang xhamster, site tons group & toy movies! fuq. Check out tour see kinky threesome strapon inside Strapon Cum today! One best sites around, I think anyways, is com collection sexy hourly updated movies. Anal Pics vids. Pics Sex: Updated Daily! videos pictures sorted by categories brooke get anal punishment from sandra find your girlfriend ex-gf here! lots amateur submitted full length for free, here pornhub. Pornhub ultimate site com. Dominant fuck slaves strapons dildos Daily Clips Best Video Galleries! Great Site Of Sex Video! Movies, Nice Girls, Sex, Lesbain Fucking, Lesbian sort most relevant catch now! EMPFlix


text:
A parent's take on the high court's video-game ruling
A quick disclaimer — I've worked for the First Amendment Center for 17 years and am adamant about our First Amendment rights and responsibilities. When my daughter came along in 2004 I have to admit I looked at the First Amendment through another lens. Though the government wasn't censoring what was going on in our household, I became a censor. The morning news programs were no longer on when I prepared breakfast. The radio was not tuned to the more popular music stations and I set parental blocks on certain television stations — sorry, Snooki.
Yesterday, the Supreme Court ruled in Brown v. Entertainment Merchants Association that video games were a form of protected speech. The Court held that, similar to books, movies and plays, video games communicate ideas. As with other literary devices, video games often have plots, characters and themes. I'm pleased with the Court's decision.
The case came before the Court after the California Legislature passed a law requiring special labeling on violent-video game packaging and forbidding the sale or rental of these games to minors. California lawmakers modeled their new provision after the obscenity exception to the First Amendment. But the Supreme Court refused to create an additional category of unprotected speech. Looking back in history, the Court said that yes, there have been regulations on obscene materials and on what is appropriate for minors, but there have not been regulations "restricting children's access to depictions of violence."
While some argue that the Court's decision is a nod to allowing the entertainment industry to continue to profit on these sales, I take the approach as a parent and a First Amendment advocate that the Court rightly decided that a legislative body cannot dictate which material may or may not enter my household — in the name of aiding my parental authority.
Especially promising with yesterday's decision was the reinforcement that "minors are entitled to a significant measure of First Amendment protection." Quoting from an earlier decision, the Court reiterated that "speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable to them."
Do I find these violent video games disturbing? Yes. I also found it disturbing as a child when young Travis in the children's classic "Old Yeller" had to kill his beloved dog or when the queen in "Snow White" demanded the heart of her stepdaughter. Did either film lead me to a life of violence? No. As the Court notes, violence is found in such classics as Grimm's Fairy Tales, The Odyssey and Lord of the Flies. Just as we've discussed as a family the kinds of movies and books that are appropriate, we will discuss the video games allowed on the gaming devices in our home.
I am pleased that the Court acknowledged yesterday that "under our Constitution, 'esthetic and moral judgments about art and literature … are for the individual to make, not for the Government to decree, even with mandate or approval of a majority.'"
Tags: children and violence, Supreme Court, video game, violence


text:
- Candidate must have experience in Large Blow Molding machines.
- Preference will be given to the candidate with experience in Water Tank Molding on Blow Molding Machine of capacity 1000 Litre and above.
- Experience in Maintenance will be added advantage.
- It is a bachelor status accommodation position.
Job Specifications :
- B.Tech/Diploma in Plastic Technology
- Qualification: B.Tech/B.E./Diploma in Plastics Technology
- Experience: - 5 - 20 years of relevant experience.
Education B.Tech/Diploma in Plastic Technology
Blow Molding Molding Maintenance Manufacturing Engineering Plastic Water Tank Engineering


text:
Barclays assigns Clorox (CLX) an Underweight rating with the company seeing pressure in several key markets. The price target on Clorox was reduced by $2 to $79.
Procter & Gamble (PG) is cut to Equal Weight from Overweight on Barclay's stance that shares will stay range-bound until management proves it can drive top-line growth.
Colgate-Palmolive (CL) is the out-performer of the bunch, being lifted by the investment firm to Overweight.


text:
Home Way Business Hotel
At the Junction of Jinxiu Road and Beihuan Road Shajing Town Bao'an District, Shenzhen, China Show Map
Check in from 2:00 PM / Check out prior to 12:00 AM
Home Way Business Hotel: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Shenzhen, China.
Home Way Business Hotel offers 4-star accommodation in Shenzhen. It also features a sauna and a fitness centre.
Hotel description
There are a range of facilities at Home Way Business Hotel Shenzhen on offer to guests, including beauty centre, express check-in/check-out and a spa and wellness centre. Reception operates 24/7 and the friendly staff can suggest places to visit and provide other tourist information.
Home Way Business Hotel provides rooms equipped with cable/satellite channels.
Guests of at Home Way Business Hotel Shenzhen can enjoy breakfast each morning. Those looking for after-dinner entertainment can enjoy the in-house casino.
Shenzhen Bao'an International Airport is less than a 45-minute drive from the hotel. For those travelling by car, parking is available.
Hotel features
Air Conditioned, Cable / Satellite TV, TV
Elevator / Lift, 24 Hour Reception, Conference Room(s), Safe-Deposit Box, Wake-up Service, Photocopier, Express Check-In/Check-Out
Fitness Room/Gym, Massage / Beauty Centre, Sauna, Casino, Playground, Massage, Spa & Wellness Centre
High-speed Internet
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Home Way Business Hotel also viewed these 4 stars Shenzhen hotels:
Seaview O City Hotel Shenzhen
3-5 Guangqiao Street, Shenzhen
3-5 Guangqiao Street, Shenzhen
Sheng Shi Jin Hua Hotel
NO.37, South Long Cheng Road, Long Gang District., Shenzhen
NO.37, South Long Cheng Road, Long Gang District., Shenzhen
Sunflower Hotel & Residence Shenzhen
No. 1 St., Shixia North, Futian District, Shenzhen
No. 1 St., Shixia North, Futian District, Shenzhen
Search hotels
based on
0 reviews
Nearest hotels
- Paliking Hotel
0 miles
- Baofengming Hotel-Shenzhen
0.9 miles
- Jiayue Hotel - Shenzhen
1.4 miles


text:
We suffered a brief outage this morning when our host noticed that HTF needed to be moved to a different server due to a hardware failure. That work is now complete. Please post in the feedback area if you have any issues.Dismiss Notice
Carver cinema series 5.2 Help new to board
Discussion in 'Speakers' started by EliYoussefi, Nov 2, 2005.


text: Hey. I read all the search stuff that came up, but none if it helped me. I've spent hours with tech support and taken my equipment into the apple store, none of them could help me. I just bought an ipod touch, but it will not show up as a device in itunes. it shows up in my device manager (xp pro service pack 2), it charges, the itunes diagnostics says that it's connected, it gives me the correct serial number and firmware version, everything, but it will not show up as a device in itunes and therefore will not sync. I have uninstalled and reinstalled everything a million times. does anybody have any advice or has anybody had the same problem and been able to resolve it?


text:
Introduced in 1972, our polo shirt now comes in a variety of colors and styles but remains just as iconic as the original. This cotton mesh boyfriend version takes its cues from the straight, easy fit of our classic guy's style but it is unmistakably made for a woman. Pigment-dyed for a vintage vibe, it can be dressed up or down for work or play.
It is our priority to provide you with the exceptional service you have come to expect from Ralph Lauren. Your feedback is important to us.
For press inquiries, e-mail us at email@example.com
Phone: +44 (0) 203 450 7750
Please note that RalphLauren.co.uk does not use your email for promotional purposes or disclose it to a third party. Privacy Notice.