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.
September 11, 2012
EDWARD TERRELL, PETITIONER,v.MIKE MCDONALD, RESPONDENT.
Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a 2003 conviction that he suffered in the San Joaquin County Superior Court. Respondent has moved to dismiss this action as successive and as barred by the statute of limitations. Petitioner opposes the motion.
On February 13, 2003, petitioner was convicted of second degree robbery in the San Joaquin County Superior Court. In light of enhancements for prior convictions, petitioner was subsequently sentenced to an indeterminate term of incarceration of twenty-five years to life. The judgment was affirmed by the California court of Appeal, Third Appellate District, on December 17, 2004. Lodgment ("LD") 2. Following an attempt to file an untimely petition for review in the California Supreme Court, petitioner's direct appeal became final on February 15, 2005 when the California Supreme Court denied review. LD 3. Thereafter, petitioner filed sixteen petitions for post-collateral relief; the most recent petition was denied on April 14, 2011. See LD 4--34.
On February 16, 2007, petitioner filed a petition for federal habeas corpus relief ("the First Petition") that was ultimately transferred to this court and assigned case number 2:07-cv-00784-MJP. In the First Petition, petitioner challenged his 2003 conviction on three grounds:
(1) ineffective assistance of appellate counsel; (2) ineffective assistance of trial counsel; and (3) improper removal of defendant during sentencing. That petition was denied on the merits on March 17, 2009. Both the district court and the Ninth Circuit Court of Appeal denied petitioner's request for a certificate of appealability. See Case Number 2:07-cv-0784-MJP, Doc. Nos. 41, 47.
Petitioner has now filed the instant petition, also challenging his 2003 conviction for second degree robbery. Here, petitioner asserts violations of his Fourth and Sixth Amendment rights.
Respondent filed a motion to dismiss on March 19, 2012. Petitioner has filed a traverse, which the court construes as an opposition.
Respondent seeks dismissal of the instant petition as successive. In the alternative, respondent asserts the petition is barred by the statute of limitations. On review, the court determines that the petition must be dismissed as a successive petition over which it lacks jurisdiction. The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") "greatly restricts the power of federal courts to award relief to state prisoners who file second or successive habeas corpus applications." Tyler v. Cain, 533 U.S. 656, 661 (2001). AEDPA "creates a 'gatekeeping' mechanism for the consideration of second or successive applications in district court." Felker v. Turpin, 518 U.S. 651, 657 (1996); see also Stewart v. Martinez--Villareal, 523 U.S. 637, 64 (1998). Second or successive habeas petitions are subject to the "extremely stringent" requirements of AEDPA. Babbitt v. Woodford, 177 F.3d 744, 745 (9th Cir. 1999). "Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." 28 U.S.C. § 2244(b)(3)(A). Second or successive habeas petitions filed in the district court without an authorizing order from the court of appeals shall be dismissed. See 28 U.S.C. § 2244(b); see also Burton v. Stewart, 549 U.S. 147, 153 (2007) (where petitioner neither sought nor received authorization from Court of Appeals before filing second or successive petition, district court should have dismissed petition for lack of jurisdiction). "'When the AEDPA is in play, the district court may not, in the absence of proper authorization from the court of appeals, consider a second or successive habeas application.'" Cooper v. Calderon, 274 F.3d 1270, 1274 (9th Cir. 2001) (quoting Libby v. Magnusson, 177 F.3d 43, 46 (1st Cir. 1999)).
In this case, the petition challenges the same 2003 conviction that petitioner challenged in the First Petition. By order dated March 17, 2009, the district judge dismissed the First Petition on the merits. Under AEDPA, petitioner was required to obtain an order from the Ninth Circuit authorizing this court to consider his new claims prior to filing this case. Because he did not do so, this court is without jurisdiction to entertain the petition. Burton, 549 U.S. at 153; see also 28 U.S.C. § 2244(b)(3)(A). If petitioner desires to proceed in bringing this petition for writ of habeas corpus, he must file for leave to do so with the Ninth Circuit. See 28 U.S.C. § 2244(b) (3). In light of this finding, the court declines to consider respondent's alternative ground for dismissal.
Pursuant to Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, "[t]he district court must issue or a deny a certificate of appealability when it enters a final order adverse to the applicant." Rule 11, 28 U.S.C. foll. § 2254. A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).
Where, as here, the petition should be dismissed on procedural grounds, a certificate of appealability "should issue if the prisoner can show: (1) 'that jurists of reason would find it debatable whether the district court was correct in its procedural ruling'; and (2) 'that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right.'" Morris v. Woodford, 229 F.3d 775, 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
This court finds that petitioner has not satisfied the first requirement for issuance of a certificate of appealability in this case. Specifically, there is no showing that jurists of reason would find it debatable whether this action is successive. Accordingly, the district court should decline to issue a certificate of appealability.
Accordingly, IT IS HEREBY RECOMMENDED that:
1. Respondent's March 19, 2012 motion to dismiss be granted;
2. The petition for writ of habeas corpus be denied for lack of jurisdiction; and
3. The district court decline to issue a certificate of appealability.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within fourteen days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
© 1992-2012 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:
|Home | Education | Jobs | Living | Services | Properties | Golf | News | Businesses | Events
Dentists in SpainEver wish you could go to British dentist in Spain? There are British dentists in most expat societies in Spain. These are usually cheaper than an equivalent dental treatment in the UK. Beyond normal dental treatments such as filling, they can perform all types of treatments that you would normally expect to find in the UK, such as root canals, crowns, bridges, implants etc.
You will not need to cope with language problems and misunderstandings by going to a British dentist and British dentists in Spain are often educated in the UK so you can be sure that the quality of dental treatment is the same as in the UK.
British dentist in Torrevieja, SpainSaluddent is a dental clinic in Torrevieja near Torre de los Moros. The staff are specialists in various fields such as rehabilitation, complex root fillings, implants, aesthetic treatments etc. Their trademark is quality and efficiency. They have no waiting lists and also have an emergency phone line. The staff speaks English. Read more...
British dentist in Fuengirola, SpainDental Excellence is a dental clinic in Fuengirola on the Costa del Sol. They perform general dentistry, teeth whitening, implants, root canals and crowns. They are located in Los Boliches close to Hotel Jabega. They also arrange dental travels to Spain where you can combine cheap dental treatment in Spain with a nice holiday. The staff speaks english. Read more on their web page: www.clinica-dental-sueca.com
Combined holiday and dental treatment in SpainWhy not combine your holiday with visiting the dentist? If you need some major surgery and operations you can actually save so much on using British dentists in Spain that it would cover the entire journey and lodging in Spain. You can take into a hotel while staying in Spain, or you can rent an apartment or a house.
|It's kinda of fun to do the impossible – Walt Disney
|Privacy policy
|Contact us
|Copyright 2008 - 2016 Megafon

subset: commoncrawl


text:
"OP Shops Galore" Top 5 Page for this destination Maroochydore Off The Beaten Path Tip by wise23girl
Maroochydore Off The Beaten Path: 7 reviews and 21 photos
Well if you enjoy going on the op shop trail there are quite a few about. You will see a couple as you drive along Aerodrome Road .
But there are a couple hidden away.
The Maroochy RSL is in 1st Revenue...use your GPS and right close by is Bloomhills...quite a good one to visit.
Fancy a bit of a drive...head to Woombye
Another more secret place for op shops is Buderim...two quite close. to each other.
More Off The Beaten Path in Maroochydore (4)
More Reviews (52)
Restaurants (10)See All where you actually see the river
Things to Do (15)See All Visit Ocean Street....a surprise
Local Customs (2)See All Best location for your hoilday
Hotels (6)See All Rovera at Cotton Tree
Nightlife (2)See All The Younger ones go there
Sports & Outdoors (1)Maroochy River Trail
Shopping (4)See All Leather shoes...jackets...handbags
Tourist Traps (1)$A10,000 meal for 6
General (1)Churches can be like ATMs
Warnings and Dangers (8)See All Mosquitoes and Sandflies
Transportation (1)Getting Around the Sunshine Coast.
What to Pack (1)Mind The Sun and the Jellyfish and Rips
wise23girl's Related Pages
wise23girl Lives Here!
"'Life may not be the party we hoped for... But while we are here we might as well dance!' "
- Member Rank:
- 0 0 1 7 7
- Forum Rank:
- 0 0 1 1 3
- 797 Reviews
- 3,108 Photos
- Add Friend
- Follow
- Send Message
Have you been to Maroochydore?Share Your Travels


text:
Pieta Reviews
Simon Miraudo
December 2, 2013
A vicious, torture-happy debt collector with some severe sexual peccadilloes is, erm, softened by the return of his estranged mother in Kim Ki-duk's deeply unsettling Pieta.
Full Review | Original Score: 3.5/5
Tom Clift
November 16, 2013
Possesses a sad, quiet power. Kim's film isn't as a cool as those made by his compatriots. But it is, in its own way, just as memorable.
Max Kyburz
Film Comment Magazine
Film Comment Magazine
November 4, 2013
Succeeds in repulsing and enlightening viewers simultaneously, even if its views on self-sacrifice and redemption are cynical.
Rich Cline
Shadows on the Wall
Shadows on the Wall
September 13, 2013
This is a grisly fable that never goes where we expect it to. And it has some important things to say about both revenge and sacrifice.
Mark Kermode
Observer (UK)
Observer (UK)
September 9, 2013
Oedipal metaphysics give way to something altogether more mundane, but Jo and Lee are committed leads, the former carrying the burden of the movie with motherly care and attention.
Peter Bradshaw
September 5, 2013
The film is far from a masterpiece ... but it bristles with Kim's trademark anger and agony.
Katherine McLaughlin
September 5, 2013
A vicious, unrelenting and bleak drama depicting the devastating effect of the current economic climate on society.
Evrim Ersoy
Electric Sheep
Electric Sheep
September 5, 2013
Anyone who can get past its surface aggression will discover one of the more delicately crafted character studies of modern cinema, and a testament to the talent of director Kim Ki-duk, who continues to shock and astound in equal measure.
Stefan Pape
September 5, 2013
This film will split opinions, but one thing we can all rejoice in together, is witnessing the unhappiest blowing out of candles on a birthday cake you'll see on the big screen in a long while!
Allan Hunter
The List
The List
September 3, 2013
Pieta is the kind of film that sends sensitive audiences rushing towards the exit and yet for those who remain to the bitter end there is method in all of this savagery, purpose visible through the grey clouds of unrelenting bleakness.
Mike Scott
July 19, 2013
It's compelling stuff, a film that starts out as one thing but subtly shifts to become something else entirely.
| Original Score: 3/5
Top Critic
Stanley Kauffmann
The New Republic
The New Republic
June 17, 2013
There is a touch too much of the handheld camera, but in general one senses that the very quality of the way this film was made is one of its justifications for being and for its raw moments.
Top Critic
Jeff Shannon
Seattle Times
Seattle Times
June 13, 2013
After being subjected to disturbing scenes of abject cruelty, rape and torture, my reactions shifted from squeamish revulsion to a reluctant yet growing appreciation for Kim's thematic ambition.
Todd Jorgenson
June 13, 2013
Kim crafts a quietly powerful, character-driven morality tale that is less about the relationship between mother and son than it is about money and happiness.
Katherine Monk
May 31, 2013
A gangster story with a latent conscience.
Full Review | Original Score: 3.5/5
Top Critic
Cary Darling
Fort Worth Star-Telegram/DFW.com
Fort Worth Star-Telegram/DFW.com
May 31, 2013
The film's big reveal may not come as that much of a surprise; you may figure out where it's going well before the end. But it's the getting there that is, if not exactly fun, then certainly hypnotic.
Frank Swietek
One Guy's Opinion
One Guy's Opinion
May 31, 2013
[A] lurid but undeniably powerful story, and the lead performances are compelling.
Full Review | Original Score: B
Top Critic
Rick Groen
Globe and Mail
Globe and Mail
May 31, 2013
Fascination returns at the stirring climax, when the plot neatly twists and the film's apparently simple message turns deeper, and blacker.
Top Critic
Peter Howell
Toronto Star
Toronto Star
May 30, 2013
A mother's love for her child takes on brutal new meaning in Pieta, a film by Kim Ki-duk that's as hard to watch as it is to forget.
Marty Mapes
Movie Habit
Movie Habit
May 26, 2013
Wrenching Oedipal tragedy not for the casual viewer
Full Review | Original Score: 3.5/4


text:
The exhibition "A Proud City" is now opening at Åre Östersund Airport. The exhibition depicts a typical day in Stockholm, one characterised by diversity and love. The photography network Fotobögarna put together the exhibition, which was also on display in Swedavia's tent during the 2014 Pride festival in Stockholm.
Susanne Norman, director of regional airports but also a wedding invigilator, welcomed the exhibition:
"For me, diversity is part of the atmosphere at the airport – a place where people from all over and from different backgrounds come together. We are an important gateway to the region, and we welcome everyone to our airports. Weddings often take place at airports, and it was great fun to bring this activity to Sweden's different Pride Festivals."
"Åre Östersund Airport offers a public space where, despite the constant pulse and nearly half a million visitors a year, people can have a quiet moment while they wait for their flight. In that way, the airport is an exciting place for exhibitions, which is why we are now looking at what the next form of expression might be," Ms Norman adds.
The exhibition was put together by the photography network Fotobögarna, whose members share a passion for photography and are all lesbian, gay, bisexual, transsexual or queer (LGBTQ).
"We want to offer a lot of love and diversity in the form of images to all our visitors. We hope the photos will get people thinking when they look at the photos and that they understand pluralism is enriching in all respects," says Michael Silkesjöö from Fotobögarna.
The exhibition will be on display at Östersund Airport through Easter.


text:
Member? Sign in. Not a member? Register for free.
Foxit PDF - PDF reader, editor, form, signature
iOS Universal Productivity
Want a free PDF reader? Try Foxit MobilePDF. This is an easy-to-use PDF reader which allows you to view, annotate, and protect PDF files on iOS devices while on the go. Unlike other PDF readers, this app comes with ConnectedPDF, a breakthrough technology that brings new levels of accountability, collaboration, and productivity to the sharing and tracking of PDF documents worldwide.
Foxit MobilePDF provides you with the following capabilities:
Reliable: 100% compliant with your current PDF ecosystem.
Lightweight: doesn't exhaust your device resources.
Fast: no long waits to open PDFs.
Secure: powerful file protection features to safeguard sensitive information against unauthorized access.
Collaborative: full control of your content.
Multi-Language: support for 5 languages.
What Foxit MobilePDF can offer to you:
View, organize, and edit PDF files
•Open PDF files from iTunes, Email, Safari, and Open-in
•View MS Word, Excel, PowerPoint, TXT and image files
•Reflow PDF files for easy viewing
•Supports tabbed document interface (for iPad only)
•Supports to read the PDF out loud
•Rename, move, copy or delete PDF file(s)
•Zip and unzip files
•Annotate, stamp, and sign PDF documents
Work with ConnectedPDF
•Convert PDF file to ConnectedPDF format
•Work with protected cPDFs
•Participate in Connected reviews
•Track who reads or edits your document
Work on PDF forms
•Fill out and save PDF forms
•Import and export form data
•Submit PDF forms via HTTP, FTP, or Email
Protect PDF files
•Protect PDF files with passwords
•Specify the permissions to restrict operations on PDF files
Share, store and synchronize PDF files
•Share PDF files and screenshots from within the application
•Share multiple files across your desktop and iOS device via Wi-Fi
In-App Purchase features
•Create PDFs from camera and photo library
•Save, synchronize and access PDF files in Google Drive, OneDrive, Box, Dropbox, WebDAV, FTP, and SFTP
You can upgrade to Foxit MobilePDF Business to be able to participate in Shared Reviews and read and annotate Microsoft RMS protected PDFs.
What's New
1. Provide additional annotation features, including:
• Area highlight
• Callout and textbox comments
2. Support cover facing display mode (available on iPad only)
3. Improve the PDF reflow performance
4. Enhance the ConnectedPDF features
5. Optimized for iPad Pro and Apple Pencil
6. Restore the last session when the application restarts


text:
Sci fi/Fantasy image byJames McPartlin
"Come buy," call the goblins Hobbling down the glen. "O! cried Lizzie, Laura, Laura, You should not peep at goblin men." 1862 Christina Rossetti "Goblin Market" Modelled by Veronika and Regina, the lovely daughters of artist Rita Ria
Published More than a year ago
Category Fantasy
Be the first to favourite this image.


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 20, 2003
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,v.DAVID KELLER, DEFENDANT-APPELLANT.
Appeal from the Circuit Court of Madison County. No. 93-CF-281 Honorable James Hackett, Judge, presiding.
The defendant, David Keller, appeals the dismissal of his post-conviction petition. The defendant filed a motion for reconsideration, and the circuit court denied the motion. The defendant filed a timely notice of appeal. We reverse and remand.
The relevant facts are as follows. A jury found the defendant guilty of first-degree murder and attempt (armed robbery) on September 24, 1993. On October 21, 1993, the circuit court extended the time for filing posttrial motions until a transcript of the trial had been prepared. The defendant was sentenced to 35 years' imprisonment for first-degree murder and 10 years' imprisonment for attempt (armed robbery). At the conclusion of the hearing, the circuit court informed the defendant of his right to appeal.
On March 24, 1994, the defendant filed a motion for the modification of his sentence. On June 9, 1994, the defendant filed a motion for a new trial. On June 17, 1994, the circuit court denied the defendant's motion for a new trial. On April 11, 1996, the circuit court modified the defendant's sentence for first-degree murder to 30 years' imprisonment. Throughout all of the foregoing proceedings, the defendant was represented by attorney Thomas Hildebrand. The defendant did not file a direct appeal to this court.
On July 23, 1999, the defendant filed a pro se petition for post-conviction relief. In the petition, the defendant alleged that at the sentencing hearing, he had told Hildebrand that he wanted to appeal. Hildebrand allegedly assured the defendant and his mother that Hildebrand would perfect the appeal. Many months later, the defendant asked his mother to contact Hildebrand because he had not heard from him. Hildebrand allegedly told the defendant's mother that he was working on the appeal and that the appeal would take three to four years. In the early part of 1999, the defendant's mother learned from the clerk of the court that Hildebrand had never filed a notice of appeal.
The circuit court appointed attorney John Delaney to represent the defendant in the post-conviction proceedings. Delaney then filed an amended petition for post-conviction relief. He reiterated the defendant's claim about Hildebrand not appealing his case. The State did not respond to the petition or move to dismiss it. The court held a hearing on the petition. The colloquy between the court and Delaney was as follows:
"THE COURT: *** [M]y understanding is *** that contingent upon
the Court re[]establishing Mr. Keller's appellate rights in this
case, you are going to withdraw the post[]conviction petition and
amend the post[]conviction petition. Is that correct?
MR. DELANEY: Correct, Your Honor.
THE COURT: *** [I]n reviewing all of the court files and
transcripts, *** we probably don't have to reach the issues in your
post[]conviction petition because they will be cured by what I am
going to do here in a second; and that is, upon review of the
transcripts, it looks like while you were advised of your rights at
one time, you were not advised of your rights at the completion of
the proceedings. So, I am going to do that today and start your
thirty days for filing of the Notice of Appeal."
The court then ordered the clerk to file a notice of appeal for the defendant, and the clerk did so. The defendant then withdrew his post-conviction petition.
This court then dismissed the defendant's appeal because it was not timely filed. People v. Keller, No. 5-99-0818 (2001) (unpublished order under Supreme Court Rule 23 (166 Ill. 2d R. 23)). This court also stated that the circuit court cannot extend the time to file a notice of appeal pursuant to the Illinois Supreme Court rules. Additionally, this court rejected the defendant's argument that the appeal was from the granting of his post-conviction petition, because the defendant had withdrawn the post-conviction petition.
On July 10, 2001, the defendant, by attorney Curtis Blood, filed a motion for leave to file an amended post-conviction petition, and an amended post-conviction petition. Within the petition, the defendant alleged that Hildebrand had disregarded his directive to appeal the convictions and sentences. The defendant also alleged that the circuit court had failed to advise him of his right to appeal after he was resentenced. The State did not file an answer or a motion to dismiss the petition, and the cause proceeded to an evidentiary hearing.
At the hearing, the court stated that on July 12, 2001, it had granted the defendant's motion for leave to file an amended post-conviction petition. The defendant testified that he had told Hildebrand that he wanted to appeal the convictions and sentences. The defendant also talked about the direct appeal that this court denied: "The Court had granted me an appeal. *** My attorney *** advised me that *** once the judge grants you your right [to appeal][,] then what you have to do is withdraw the post[]conviction petition and be granted your right to appeal."
The defendant's mother, Deborah Keller, testified that she had hired Hildebrand to represent the defendant at the trial. Thereafter, she paid Hildebrand approximately $1,300 for transcripts to get the appeal started. Hildebrand told her that "it would take a while to get the appeal going" and that the appeal would take from three to five years.
Hildebrand testified that he had been retained to represent the defendant at the trial. He did not recall anyone asking him to represent the defendant on appeal. The following colloquy then occurred:
"Q. [Susan Jensen-Assistant State's Attorney:] Okay. After
the conviction and the sentencing, did you have any discussion with
either Mr. Keller or his mother about appeals?
A. [Thomas Hildebrand:] No. To my knowledge and belief, I did
not. Again, I need to see the transcripts. I would think that
probably I would have done[-]my custom and practice would have
been, as any time, would have been to have the judge instruct the
clerk to file a notice of appeal.
Q. So that if that was not done, if the record did not reflect
any notice of appeal being filed, would that mean you did not
discuss appeals with the defendant?
A. I wouldn't have filed a notice of appeal on behalf of the
defendant unless I was the attorney for the defendant for an
Q. Do you recall the defendant ever asking you or telling you
that he wanted to appeal his conviction?
A. He may have. But, again, I would not have undertaken to do
anything on his behalf unless and until I was retained as his
attorney for an appeal. That is a whole separate procedure than
trying the case. It is a whole different ballgame.
Q. Do you recall having any discussions with *** Deborah
Keller about obtaining transcripts?
A. I would-again, I don't have my notes in front of me. If I
had any discussion regarding retaining transcripts, it would have
been for the purpose of handling any post[]trial motions. It
wouldn't have been for handling an appeal unless and until I had
entered my appearance and filed a motion[-]a notice of appeal on
his behalf. I saw the affidavit in there, something about me
telling them an appeal would take three or four years. I never
made that statement to anybody in my life. Appeals don't take
three or four years, especially criminal appeals."
Later, the defendant's attorney questioned Hildebrand about the same issue:
"Q. [Curtis Blood:] Did I understand you to say that *** David
Keller may have asked you to file an appeal ***?
A. *** I don't have my file in front of me. *** To my
knowledge and belief, I am sure Mr. Keller *** wanted to appeal his
sentence. I don't recall off[]hand what we did. I am just telling
you that I am sure we discussed he probably wanted to appeal a
conviction. *** But, as to whether or not I agreed that I would
represent him on appeal, I did not undertake to represent him on an
Q. You are sure you did not agree to do an appeal for Mr.
A. I do very few criminal appeals. Had I been retained to do
a criminal appeal, there would have been some money up front and
there would have been a notice of appeal filed. Again, I don't
have the file in front of me to look at it and see what was done or
what wasn't done with Mr. Keller's case.
Q. Did you file a notice of appeal in the case, Tom?
A. No. That is what I told you the last three times you asked
Q. Okay. Do you recall Mr. Keller being interested in
appealing, wanting to appeal, but you were not retained? Am I
saying that right?
A. That would be correct. I wasn't his Counsel for an
The circuit court took the matter under advisement, and with regard to the withdrawal of the defendant's post-conviction petition, the court noted, "I don't know if that is contingent upon anything or what the expectation [sic]."
On March 6, 2002, the circuit court entered an order dismissing the post-conviction petition. The court stated, in relevant part, as follows:
"The defendant was granted leave to file an Amended Post[-]Conviction Petition on July 10, 2001 [sic]. The granting of leave
to file such an Amended Petition does not necessarily of itself
indicate that the Court has jurisdiction or *** is granting
jurisdiction concerning the petition. *** The Petition filed and
presented was an amendment to a then non[]existing Petition.
Accordingly, it is dismissed. Additionally, even if the Court
should liberally construe the pleading as a newly filed
Post-Conviction Petition, the time of the filing is far outside the
statutory time limits as dictated by the dates of the conviction
and disposition several years before." (Emphasis in original.)
On April 4, 2002, the defendant filed a postjudgment motion for reconsideration in which he attempted to address the circuit court's concerns about the dismissal of the post-conviction petition in 1999 and the timeliness of the filing of the amended post-conviction petition. The circuit court denied the motion. The defendant filed a notice of appeal.
On appeal, the defendant claims that he was denied the effective assistance of counsel when his attorney did not act on the defendant's directive to appeal the defendant's convictions and sentences. For this reason, the defendant asks this court to remand the cause to the circuit court with directions to provide the defendant a direct appeal.
The Illinois Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)) provides a mechanism by which those under a criminal sentence in this state can assert that their convictions were the result of a substantial denial of their rights under the United States Constitution or the Illinois Constitution or both. People v. Coleman, 183 Ill. 2d 366, 378-79, 701 N.E.2d 1063, 1070-71 (1998). A petition for post-conviction relief is not an appeal of the underlying judgment; rather, it is a collateral proceeding. As such, a post-conviction proceeding allows an inquiry only into constitutional issues that were not, and could not have been, adjudicated on direct appeal. Thus, issues that were raised and decided on direct appeal are barred from consideration by the doctrine of res judicata; issues that could have been raised, but were not, are considered waived. People v. Johnson, 206 Ill. 2d 348, 356, 794 N.E.2d 294, 300 (2002). The standard of review has been reduced to a simple formula: a de novo review for the dismissal of a post-conviction petition without an evidentiary hearing and a review for manifest error when a petitioner's constitutional claims have been denied following an evidentiary hearing. Johnson, 206 Ill. 2d at 357, 794 N.E.2d at 301; see People v. Pitsonbarger, 205 Ill. 2d 444, 456, 793 N.E.2d 609, 619 (2002).
As we previously stated, this case is on appeal from the denial of the defendant's amended post-conviction petition. The post-conviction petition alleged as follows: "(1) Mr. Keller received ineffective assistance of counsel when his trial attorney failed to request pre[]trial dismissal under the state speedy-trial statute [citation]; (2) Mr. Keller received ineffective assistance of counsel when his trial attorney failed to appeal the judgment against him; and (3) the circuit court failed to advise Mr. Keller of his rights to appeal after resentencing him." The circuit court disposed of the defendant's petition after an evidentiary hearing, stating that it had been presented as an amendment to "a then non[]existing Petition" (emphasis in original) because the original post-conviction petition had been withdrawn. The circuit court then dismissed the amended post-conviction petition. We disagree with this ruling by the circuit court.
The amended post-conviction petition should have been treated as if it were a new post-conviction petition. The circuit court explained why it would not treat the petition as if it were a new post-conviction petition: "[T]he time of the filing is far outside the statutory time limits as dictated by the dates of the conviction and disposition several years before." While it is true that the Act sets forth certain time constraints for the filing of a post-conviction petition, the Act also states that the petition can be filed at any time if the "petitioner alleges facts showing that the delay was not due to his or her culpable negligence." 725 ILCS 5/122-1(c) (West 2000). The defendant in the instant case has alleged such facts.
The record shows that the circuit court failed to properly advise the defendant of his direct appeal rights. See Official Reports Advance Sheet No. 21 (October 17, 2001), R. 605(a), eff. October 1, 2001. Additionally, the defendant requested an appeal, and Hildebrand admitted that he knew that the defendant wanted to file a notice of appeal. Hildebrand failed to file the notice of appeal and did not withdraw as the defendant's attorney of record. See 134 Ill. 2d Rs. 13 (an attorney may not withdraw without leave of court), 1.16 (a lawyer shall not withdraw from employment until the lawyer has taken reasonable steps to avoid foreseeable prejudice to the rights of the client, including giving due notice to the client and allowing time for the employment of other counsel); In re Rose Lee Ann L., 307 Ill. App. 3d 907, 912, 718 N.E.2d 623, 627 (1999) ("an attorney may end the attorney-client relationship with or without cause so long as the client is not left in a position where he is prejudiced").
The State claims that in order for the defendant to succeed, he must show merit to the direct appeal that he was denied, and it cites Roe v. Flores-Ortega, 528 U.S. 470, 145 L. Ed. 2d 985, 120 S. Ct. 1029 (2000), People v. Edwards, 197 Ill. 2d 239, 757 N.E.2d 442 (2001), and People v. Hughes, 329 Ill. App. 3d 322, 767 N.E.2d 958 (2002), to support this position. We disagree.
In Peguero v. United States, 526 U.S. 23, 28, 143 L. Ed. 2d 18, 119 S. Ct. 961, 965 (1999), the United States Supreme Court, describing the holding in Rodrequez v. United States, 395 U.S. 327, 23 L. Ed. 2d 340, 89 S. Ct. 1715 (1969), stated the rule as follows: "[W]hen counsel fails to file a requested appeal, a defendant is entitled to *** an appeal without showing that his appeal would likely have had merit." This is so because a defendant who instructs counsel to initiate an appeal reasonably relies upon counsel to file the necessary notice. Counsel's failure to do so cannot be considered a strategic decision; filing a notice of appeal is a purely ministerial task, and the failure to file reflects inattention to the defendant's wishes. Flores-Ortega, 528 U.S. at 477, 145 L. Ed. 2d 985, 120 S. Ct. at 1035. Additionally, the foregoing cases cited by the State are distinguishable from the instant case because the defendants in those cases pleaded guilty. The defendant in the case at bar argues that his case is similar to People v. Moore, 133 Ill. 2d 331, 338-39, 549 N.E.2d 1257, 1260-61 (1990), because, like the Moore case, the defendant here was convicted at a trial and his attorney did not secure for him a direct appeal. While we agree that this case is more akin to Moore than the foregoing cases cited by the State, the Moore decision is also distinguishable because a notice of appeal was filed in that case. Although the appeal in Moore was initially dismissed for lack of prosecution, the Illinois Supreme Court reinstated the appeal because the dismissal of the appeal had been solely due to the defendant's counsel's failure to comply with the appellate rules. In the instant case, no notice of appeal was filed, so the appeal could not be reinstated as in the Moore decision.
The instant case is controlled by the United States Supreme Court's decision in Rodriquez v. United States, 395 U.S. 327, 23 L. Ed. 2d 340, 89 S. Ct. 1715 (1969). In Rodriquez, the defendant was convicted at a trial, and his attorney did not secure for him a direct appeal to which he was entitled. The Rodriquez Court, referring to the fact that the petition failed to specify the points that the petitioner would raise if he were given a right to appeal, stated, "those whose right to appeal has been frustrated should be treated exactly like any other appellants; they should not be given an additional hurdle to clear just because their rights were violated at some earlier stage in the proceedings." 395 U.S. at 330, 23 L. Ed. 2d 340, 89 S. Ct. at 1717. The Rodriquez Court also noted that the trial judge had failed to advise the defendant of his right to appeal. The Rodriquez Court reversed and remanded the case to the district court for the petitioner to be resentenced, even though he had been sentenced six years earlier, so that he could perfect an appeal in the manner prescribed by the applicable rules.
Likewise, in the instant case, the only effective relief that this court can give the defendant is to restore his right to a direct appeal. For this reason, we reverse the circuit court's dismissal of the defendant's post-conviction petition, and we remand this case to the circuit court to resentence the defendant. The defendant must then file a notice of appeal in accordance with Supreme Court Rule 606(b) (188 Ill. 2d R. 606(b)) to be entitled to a direct appeal of his convictions and sentences.
Reversed; cause remanded with directions.
CHAPMAN and WELCH, JJ., concur.
© 1992-2003 VersusLaw Inc.; Pat. Pending
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:
|By Marketwired .
Article Rating:
|May 11, 2014 11:30 AM EDT
OTTAWA, ONTARIO -- (Marketwired) -- 05/11/14 -- The Honourable Candice Bergen, Minister of State (Social Development) today addressed the 2014 Canadian Real Estate Association (CREA) Political Action Committee (PAC) Days Conference, highlighting the Government's measures to ensure the accessibility and sustainability of housing, including social housing for those most in need.
The Minister also reiterated the Government's commitment to ensuring the stability of the housing market and financial system and ensuring mortgages are available to creditworthy Canadians at a reasonable cost.
Quick Facts:
-- Since 2006, the Government has invested more than $16.5 billion in housing, including more than $2 billion in stimulus funding under Canada's Economic Action Plan. -- These investments have benefitted tens of thousands of households across Canada - promoting new home building, home renovation and job creation. -- As Canada's national housing agency, CMHC provides a broad range of objective housing research and market analysis information to Canadian governments, consumers and the housing industry to help them make informed housing decisions.
"Canada came through the recent global recession better than any other country in the western world. The strength of the housing sector, supported by realtors, was a big part of that reason," said Minister Bergen. "That strength was due to hard work, careful planning, prudent investments and the strong leadership of Prime Minister Stephen Harper."
"The Canadian Real Estate Association is proud to collaborate with the federal government on resources that put consumers first," said Beth Crosbie, President of The Canadian Real Estate Association. "A prime example of this is our collaboration on the Homebuyers' Road Map. It arms Canadians with the knowledge, skills and confidence to make responsible home buying decisions, contributing to the long-term stability of the housing market."
Follow CMHC on Twitter @CMHC_ca
Lauren Brent
Press Secretary
Office of the Minister of State (Social Development)
[email protected]
Charles Sauriol
CMHC Media Relations
[email protected]
Without a clear strategy for cost control and an architecture designed with cloud services in mind, costs and operational performance can quickly get out of control. To avoid multiple architectural redesigns requires extensive thought and planning. Boundary (now part of BMC) launched a new public-facing multi-tenant high resolution monitoring service on Amazon AWS two years ago, facing challenges and learning best practices in the early days of the new service. In his session at 19th Cloud Exp...
Dec. 4, 2016 09:00 AM EST Reads: 543
"Venafi has a platform that allows you to manage, centralize and automate the complete life cycle of keys and certificates within the organization," explained Gina Osmond, Sr. Field Marketing Manager at Venafi, in this SYS-CON.tv interview at DevOps at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 4, 2016 08:45 AM EST Reads: 786
Effectively SMBs and government programs must address compounded regulatory compliance requirements. The most recent are Controlled Unclassified Information and the EU's GDPR have Board Level implications. Managing sensitive data protection will likely result in acquisition criteria, demonstration requests and new requirements. Developers, as part of the pre-planning process and the associated supply chain, could benefit from updating their code libraries and design by incorporating changes. In...
Dec. 4, 2016 08:30 AM EST Reads: 974
"Coalfire is a cyber-risk, security and compliance assessment and advisory services firm. We do a lot of work with the cloud service provider community," explained Ryan McGowan, Vice President, Sales (West) at Coalfire Systems, Inc., in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 4, 2016 08:30 AM EST Reads: 761
Regulatory requirements exist to promote the controlled sharing of information, while protecting the privacy and/or security of the information. Regulations for each type of information have their own set of rules, policies, and guidelines. Cloud Service Providers (CSP) are faced with increasing demand for services at decreasing prices. Demonstrating and maintaining compliance with regulations is a nontrivial task and doing so against numerous sets of regulatory requirements can be daunting task...
Dec. 4, 2016 08:15 AM EST Reads: 750
CloudJumper, a Workspace as a Service (WaaS) platform innovator for agile business IT, has been recognized with the Customer Value Leadership Award for its nWorkSpace platform by Frost & Sullivan. The company was also featured in a new report(1) by the industry research firm titled, "Desktop-as-a-Service Buyer's Guide, 2016," which provides a comprehensive comparison of DaaS providers, including CloudJumper, Amazon, VMware, and Microsoft.
Dec. 4, 2016 08:15 AM EST Reads: 705
Fact: storage performance problems have only gotten more complicated, as applications not only have become largely virtualized, but also have moved to cloud-based infrastructures. Storage performance in virtualized environments isn't just about IOPS anymore. Instead, you need to guarantee performance for individual VMs, helping applications maintain performance as the number of VMs continues to go up in real time. In his session at Cloud Expo, Dhiraj Sehgal, Product and Marketing at Tintri, sha...
Dec. 4, 2016 08:00 AM EST Reads: 804
Businesses and business units of all sizes can benefit from cloud computing, but many don't want the cost, performance and security concerns of public cloud nor the complexity of building their own private clouds. Today, some cloud vendors are using artificial intelligence (AI) to simplify cloud deployment and management. In his session at 20th Cloud Expo, Ajay Gulati, Co-founder and CEO of ZeroStack, will discuss how AI can simplify cloud operations. He will cover the following topics: why clou...
Dec. 4, 2016 08:00 AM EST Reads: 689
The WebRTC Summit New York, to be held June 6-8, 2017, at the Javits Center in New York City, NY, announces that its Call for Papers is now open. Topics include all aspects of improving IT delivery by eliminating waste through automated business models leveraging cloud technologies. WebRTC Summit is co-located with 20th International Cloud Expo and @ThingsExpo. WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web ...
Dec. 4, 2016 06:45 AM EST Reads: 1,228
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
Dec. 4, 2016 06:15 AM EST Reads: 6,971
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
Dec. 4, 2016 05:30 AM EST Reads: 1,753
More and more companies are looking to microservices as an architectural pattern for breaking apart applications into more manageable pieces so that agile teams can deliver new features quicker and more effectively. What this pattern has done more than anything to date is spark organizational transformations, setting the foundation for future application development. In practice, however, there are a number of considerations to make that go beyond simply "build, ship, and run," which changes how...
Dec. 4, 2016 04:45 AM EST Reads: 4,968
Without lifecycle traceability and visibility across the tool chain, stakeholders from Planning-to-Ops have limited insight and answers to who, what, when, why and how across the DevOps lifecycle. This impacts the ability to deliver high quality software at the needed velocity to drive positive business outcomes. In his general session at @DevOpsSummit at 19th Cloud Expo, Phil Hombledal, Solution Architect at CollabNet, discussed how customers are able to achieve a level of transparency that e...
Dec. 4, 2016 04:30 AM EST Reads: 876
WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web communications world. The 6th WebRTC Summit continues our tradition of delivering the latest and greatest presentations within the world of WebRTC. Topics include voice calling, video chat, P2P file sharing, and use cases that have already leveraged the power and convenience of WebRTC.
Dec. 4, 2016 04:30 AM EST Reads: 1,554
Amazon has gradually rolled out parts of its IoT offerings, but these are just the tip of the iceberg. In addition to optimizing their backend AWS offerings, Amazon is laying the ground work to be a major force in IoT - especially in the connected home and office. In his session at @ThingsExpo, Chris Kocher, founder and managing director of Grey Heron, explained how Amazon is extending its reach to become a major force in IoT by building on its dominant cloud IoT platform, its Dash Button strat...
Dec. 4, 2016 04:00 AM EST Reads: 6,226


text:
Added to Shopping Bag
Dessy Purple 2851 Dress
Listed by Penny Lane
Size: 10 (M)
Price: $60.99
Returnable for Site Credit.
You can request a return for Tradesy Site Credit within 4 days of delivery. FREE return shipping.
If your item was misrepresented in any way, you can file a misrepresentation claim. Tradesy will investigate and you'll be eligible for a Full Refund.
Shopping Bag :
Reserved for -:--
Purple 2851 Dress
Shipping Included Shipping & packaging provided by seller. Learn More
Pay with Credit Card, PayPal, or Affirm.
This item has original tags and shows no visible signs of wear.
Style - 2851
Color - Passion
Size - 10 (US)
Fabric - Matte Satin
Strapless full length matte satin dress with draped bodice and sweetheart neckline.
Comes with optional spaghetti straps.
New with tags
Style Tags:
Have a similar item? Sell Yours
Feel free to return this item for any reason and get Tradesy Credit. Use your credit to buy something that makes you happy. Just a head's up, purchases outside the U.S. are Final Sale.See Return Policy
Our Guarantee
Get what you ordered, or your money back. We'll give you a full refund if the condition, style, or authenticity of an item are misrepresented in any way.**Only applies to U.S. purchases. Learn More


text:
Because Knetbooks knows college students. Our rental program is designed to save you time and money. Whether you need a textbook for a semester, quarter or even a summer session, we have an option for you. Simply select a rental period, enter your information and your book will be on its way!
Freezing Poles tells you everything you want to know about the world's Arctic and Antarctic regions, the coldest places on Earth. Read about the Inuit peoples who live there, and the explorers who came and braved terrible conditions to lay claim to new lands. Discover the amazing array of polar wildlife, from ferocious polar bears and killer whales to the weird narwhal and the numerous penguin species that inhabit the Antarctic.
Freezing Poles is part of a great new collectible series called It's all about... It is packed with facts and stats, and there are eight amazing collector cards to tear out and keep. You can access a free downloadable audio of Freezing Poles by logging onto the special URL address on page 3.
Freezing Poles has a Contents page as well as a Glossary and Index. You can check out the other titles in the series at the back of the book.


text:
- Worldwide Rank #122,393,168
- Follower/Following Ratio 0
- Daily New Followers 0
ヤマトナデシコ七変化 Twitter Stats
@00Skywalker00 - Tracking ヤマトナデシコ七変化 Twitter profile since December 16, 2010
ヤマトナデシコ七変化 Tweets
@00Skywalker00 has posted 20 tweets in the last 23 days, which translates to an average of 0.9 tweets per day.
ヤマトナデシコ七変化 Twitter Followers
@00Skywalker00 has 4 followers on Twitter.
This account is #122,393,168 in the worldwide rank of the most popular Twitter users.
ヤマトナデシコ七変化 Following on Twitter
@00Skywalker00 is following 0 Twitter accounts.
Last month this account followed no users.
ヤマトナデシコ七変化 Predictions & Milestones
@00Skywalker00 will hit 4 followers in the next 3 months, and 4 in one year.
You are on ヤマトナデシコ七変化's Twitter stats page
We track these Twitter stats since December 16, 2010 . You can see how many followers ヤマトナデシコ七変化 lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare ヤマトナデシコ七変化 to yourself ? Or if you are ヤマトナデシコ七変化 get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


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.
decided: September 5, 1979.
TIMOTHY M. COOK, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, BUREAU OF VOCATIONAL REHABILITATION OF THE DEPARTMENT OF LABOR AND INDUSTRY, RESPONDENT
Appeal from the Order of the Department of Labor and Industry, Bureau of Vocational Rehabilitation, in case of Appeal of Timothy M. Cook, dated April 20, 1978.
Frank J. Laski, with him Edward A. Stutman, for petitioner.
Robert E. Kelly, Deputy Attorney General, with him Norman J. Watkins, Deputy Attorney General, and Gerald Gornish, Attorney General, for respondent.
Judges Wilkinson, Jr., Rogers and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge Wilkinson, Jr. dissents.
[ 45 Pa. Commw. Page 416]
Timothy M. Cook (Petitioner) brings this appeal from an order of the Bureau of Vocational Rehabilitation of the Department of Labor and Industry (BVR) denying him vocational rehabilitation assistance in the form of financial aid for tuition, room and board, and other related expenses incurred while he was enrolled in law school.*fn1
[ 45 Pa. Commw. Page 417]
Petitioner was born with hemophilia, a condition of the circulatory system characterized by delayed clotting of the blood and difficulty in controlling hemorrhage. As a result of hemorrhages during his growth years, Petitioner lost nearly all of the motion in his knees and ankles. Due to Petitioner's crippling disability, he was found to be eligible for rehabilitative support from BVR. After extensive diagnostic studies, Petitioner was afforded numerous physical restorative services including orthopedic surgery, blood transfusions, braces, and orthopedic shoes. Petitioner also was afforded educational rehabilitative support resulting in his earning a Bachelor of Arts degree in Political Science from the University of Pennsylvania in 1975.
Following his college graduation, Petitioner entered the University of Pennsylvania School of Law. He again turned to BVR in search of funds for his education. Petitioner was told in 1975 that he was ineligible for such assistance. In 1977, he again requested rehabilitative services while he was in law school. Petitioner's request was denied at the Bureau level on the basis that he was employable within the terms of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., (Rehabilitation Act) and therefore, was not in need of further training. Petitioner appealed this decision to a "first level administrative review," the result of which was an affirmation of the Bureau's decision. A "second level administrative review" produced the same result. Petitioner finally requested and received a fair hearing before a fair hearing panel which concluded that appropriate and sufficient training
[ 45 Pa. Commw. Page 418]
services had been provided to Petitioner and that the denial of benefits was consistent with federal and state rules, regulations and procedures. Petitioner is here on appeal from the decision rendered after the fair hearing.
Petitioner raises four issues for our review:
I. Whether BVR's practice of refusing to provide post baccalaureate degree training to otherwise qualified individuals is invalid as a regulation because it was not promulgated pursuant to the Act of July 31, 1968, P.L. 769, as amended, 45 P.S. § 1102 et seq. (Commonwealth Documents Law);*fn2
II. Whether BVR's denial of law school assistance to Petitioner violated the Rehabilitation Act of 1973;
III. Whether BVR's denial of law school assistance to Petitioner violated the Vocational Rehabilitation Act of one thousand nine hundred forty-five, Act of May 22, 1945, P.L. 849, as amended, 43 P.S. § 681.1 et seq. (PRA);
IV. Whether BVR's denial of law school assistance to Petitioner violated his right to equal protection under the Pennsylvania*fn3 and United States*fn4 Constitutions.
[ 45 Pa. Commw. Page 419]
For the reasons which follow, we reverse the order of BVR and remand this case for proceedings consistent with this opinion.
I. The Commonwealth Documents Law
Petitioner contends that BVR has a policy of refusing to grant educational assistance to anyone beyond the baccalaureate degree level. He further contends that BVR's "policy" is, in reality, a regulation and that since it was not promulgated pursuant to the requirements of the Commonwealth Documents Law, 45 P.S. § 1102 et seq., it cannot be applied to the facts of this case. We find it unnecessary to address the merits of Petitioner's claim.
Our review of the record indicates that while there did occur discussion at the various hearings below concerning the alleged BVR policy or regulation and while statements were made that such a policy would be binding at all stages of administrative review previously afforded Petitioner, it also is clear from the record that BVR's decision here was not based on such a policy or regulation. Instead, regardless of any such policy, BVR found Petitioner ineligible for further services because he was deemed to be employable within the terms of the Rehabilitation Act of 1973. It is, therefore, unnecessary for us to review the alleged policy or regulation, and we turn our attention to the Rehabilitation Act of 1973.
II. The Rehabilitation Act of 1973*fn5
The Rehabilitation Act of 1973 authorizes federal grants to states to assist the states in providing vocational rehabilitation service to the handicapped.
[ 45 Pa. Commw. Page 420]
State participation in the program is voluntary, but if a state chooses to participate it must comply with federal guidelines and regulations governing the Act. See Florida Department of Health and Rehabilitative Services v. Califano, 449 F. Supp. 274, 276-77 (N.D. Fla.), aff'd per curiam 585 F.2d 150 (5th Cir. 1978). The purpose of the Rehabilitation Act in general, is, inter alia,
(1) [to] develop and implement comprehensive and continuing State plans for meeting the current and future needs for providing vocational rehabilitation services to handicapped individuals and to provide such services for the benefit of such individuals, serving first those with the most severe handicaps, so that they may prepare for and engage in gainful employment.
29 U.S.C. § 701(1). (Emphasis added.) The purpose of Title I of the Act, that section which outlines state rehabilitation programs, is "(a) . . . to authorize grants to assist States to meet the current and future needs of handicapped individuals, so that such individuals may prepare for and engage in gainful employment to the extent of their capabilities." 29 U.S.C. § 720(a). (Emphasis added.)
The question we must address is whether BVR violated the provisions of the Rehabilitation Act when it refused to authorize payment for Petitioner's law school education. BVR argues that it did not violate the Act because Petitioner was ineligible for further educational assistance. Petitioner disagrees.
"Eligibility" when used in relation to an individual's qualification for vocational rehabilitation services is defined by regulations implementing the Rehabilitation Act as a certification that:
(1) The individual has a physical or mental disability which for such individual constitutes
[ 45 Pa. Commw. Page 421]
or results in a substantial handicap to employment; and
(2) Vocational rehabilitation services may reasonably be expected to benefit the individual in terms of employability.
45 C.F.R. § 1361.1(f). See also 45 C.F.R. § 1361.33 and 29 U.S.C. § 706(6). "Employability" is defined as
a determination that the provision of vocational rehabilitation services is likely to enable an individual to enter or retain employment consistent with his capacities and abilities in the competitive labor market; the practice of a profession; self-employment; . . . or other gainful work. (Emphasis added.)
45 C.F.R. § 1361.1(g). "Substantial handicap to employment" means
a physical or mental disability . . . imped[ing] an individual's occupational performance, by preventing his obtaining, retaining, or preparing for employment consistent with his capacities and abilities. (Emphasis added.)
45 C.F.R. § 1361.1(bb).
There is no doubt that Petitioner has a physical disability resulting in a substantial handicap to his employment. In fact, as defined by 45 C.F.R. § 1361.1(w), Petitioner is a severely handicapped individual.*fn6 The remaining question, then, is whether further vocational rehabilitative services can reasonably be expected to benefit Petitioner in terms of employability.*fn7
[ 45 Pa. Commw. Page 422]
BVR argues that, with a B.A. in Political Science from the University of Pennsylvania, Petitioner was employable. Petitioner concedes that he was capable of finding employment with his undergraduate degree.*fn8 He argues, however, that the Rehabilitation Act guarantees him the right to be trained to enter employment "consistent with his capacities and abilities" and that since he has the capacity and the ability (coupled with the desire) to be an attorney, BVR should pay for his law school education. Indeed, both BVR and Petitioner may be making the same argument legally and disagreeing only factually; that is, BVR may be arguing that further vocational rehabilitation services may not reasonably be expected to benefit Petitioner in terms of employability because he is already able to enter into employment consistent with his capacities
[ 45 Pa. Commw. Page 423]
and abilities. Unfortunately, it is impossible on this record to determine who is correct.
First, we note that the proceedings below were not conducted in compliance with the Administrative Agency Law, Act of June 4, 1945, P.L. 1388, as amended, 71 P.S. § 1710.1 et seq. (AAL).*fn9 Section 51 of the AAL, 71 P.S. § 1710.51(a)(37), clearly made the Act's provisions applicable to BVR proceedings. Section 31 of the AAL, 71 P.S. § 1710.31, entitled Petitioner to certain procedural rights:
No adjudication shall be valid as to any party unless he shall have been afforded reasonable notice of a hearing and an opportunity to be heard. All testimony shall be stenographically recorded and a full and complete record shall be kept of the proceedings. (Emphasis added.)
There is no doubt that Petitioner received notice of and the opportunity to be heard at the hearings. There exists, however, no full and complete record of the proceedings.*fn10 In order to render a decision involving a factual issue, such as the one before us, we need the full and complete record contemplated by Section 31 of the AAL. As will be discussed, infra, each party here was required to prove certain facts and to meet a certain burden of proof. The state of
[ 45 Pa. Commw. Page 424]
the record at this time precludes us from determining what has been proved and which party, if either, has met its burden of proof.
Secondly, nowhere on the record does there appear the individualized written rehabilitation plan which is required by Section 101 of the Rehabilitation Act, 29 U.S.C. § 721, in the case of each handicapped individual who seeks rehabilitative assistance. The purpose of such a written plan is to ensure that services afforded by the states to handicapped individuals are responsive to the particular needs of each individual applicant. See Scott v. Parham, 422 F. Supp. 111, 113. (N.D. Ga. 1976).
Of major importance in the written program is the specification of reasons for a determination of ineligibility for assistance. Section 102 of the Rehabilitation Act, 29 U.S.C. § 722(c), provides that:
(c) The Secretary shall also insure that (1) in making any determination of ineligibility referred to in subsection (a) of this section, or in developing and carrying out the individualized written rehabilitation program required by section 721 of this title in the case of each handicapped individual, emphasis is placed upon the determination and achievement of a vocational goal for such individual, (2) a decision that such an individual is not capable of achieving such a goal and thus not eligible for vocational rehabilitation services provided with assistance under this part, is made only in full consultation with such individual (or, in appropriate cases, his parents or guardians), and only upon the certification, as an amendment to such written program, or as a part of the specification of reasons for an ineligibility determination, as appropriate, that the preliminary diagnosis or
[ 45 Pa. Commw. Page 425]
evaluation or rehabilitation potential, as appropriate, has demonstrated beyond any reasonable doubt that such individual is not then capable of achieving such a goal, and (3) any such decision, as an amendment to such written program, shall be reviewed at least annually in accordance with the procedure and criteria established in this section.
Both the legislative history of Section 102, 1973 U.S. Code Cong. & Adm. News 2098, and the Regulations accompanying the section, 45 C.F.R. § 1361.37(c), emphasize that rehabilitative services may be denied only upon a determination beyond any reasonable doubt that the individual is ineligible for such services because the individual has no mental or physical disability constituting a substantial handicap to employment or because it has been determined beyond any reasonable doubt that the individual cannot be expected to benefit in terms of employability from vocational rehabilitation services. Because we have no written individualized rehabilitation plan in this case, we have no such certification of ineligibility. BVR claims that none was necessary because it did not find Petitioner ineligible to receive rehabilitative services. Indeed, it argues, BVR supplied Petitioner with orthopedic shoes and counseling and placement services so, therefore, it did not find him ineligible. Such an argument is directly contrary to the express language of Section 102. Petitioner sought a number of services from BVR. By the terms of Section 102, the refusal of BVR to grant any of his requests required the certification of ineligibility and an explanation of the reasons for the ineligibilty as outlined in the above cited provisions.
We find the record here to be in a strange posture. Neither Petitioner nor BVR has adduced sufficient
[ 45 Pa. Commw. Page 426]
proof to settle the factual issue of whether Petitioner was eligible for BVR assistance for law school. Under normal circumstances, we would be tempted to dismiss Petitioner's appeal because he has failed to prove he is eligible or to sustain it because BVR failed to prove beyond a reasonable doubt that he was ineligible for assistance. Due to the facts, however, that the proceedings below were purposefully kept informal and were conducted in violation of Section 31 of the AAL, 71 P.S. § 1710.31, either decision would seem to be unjust. We find, therefore, that we must remand this case for a fair hearing conducted in full compliance with the AAL*fn11 and directed to answering the question of whether Petitioner was eligible for rehabilitative assistance in the form of financial aid for law school.*fn12
III. The Pennsylvania Rehabilitation Act
Petitioner argues that in refusing to provide him with financial assistance to attend law school, BVR violated the terms of the Pennsylvania Rehabilitation Act, 43 P.S. § 681.1 et seq. The PRA is much less detailed than the Rehabilitation Act of 1973. In fact, it appears to exist primarily to give statutory authority
[ 45 Pa. Commw. Page 427]
for state-federal rehabilitation programs such as that provided by the Rehabilitation Act of 1973. Section 5 of the PRA, 43 P.S. § 681.5, provides that:
The State board shall cooperate, pursuant to agreements with the Federal government, in carrying out the purposes of any Federal statutes pertaining to vocational rehabilitation, and is authorized to adopt such methods of administration as are found by the Federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation, and to comply with such conditions as may be necessary to secure the full benefits of such Federal statutes.
We find, therefore, that the challenge under the PRA to BVR's rehabilitation program shall be decided by reference to the Rehabilitation Act of 1973. We have previously held that Petitioner is entitled to assistance for his law school education if he meets the eligibility requirements of the Rehabilitation Act of 1973. Our holding is the same pursuant to the Pennsylvania Rehabilitation Act.
IV. Equal Protection
Finally, Petitioner argues that BVR's decision to deny him financial assistance for law school constituted a denial of his equal protection rights pursuant to Article I, Section 1 of the Pennsylvania Constitution and the Fourteenth Amendment to the United States Constitution because a similarly situated individual was granted such benefits by the Office of the Visually Handicapped. We have held that Petitioner, if eligible under the terms of the Rehabilitation Act of 1973, is entitled to rehabilitative assistance for his law school expenses. Therefore, we need not reach Petitioner's equal protection argument.
[ 45 Pa. Commw. Page 428]
V. Conclusion
For the foregoing reasons, we reverse the order of the Bureau of Vocational Rehabilitation denying Petitioner rehabilitative assistance for his law school expenses and remand this case for a fair hearing to be conducted in a manner consistent with this opinion.
Judge Wilkinson, Jr. dissents.
And Now, this 5th day of September, 1979, the Order of the Department of Labor and Industry, Bureau of Vocational Rehabilitation, dated April 20, 1978, is reversed and this case is remanded for proceedings consistent with this opinion.
Reversed and remanded.
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:
Opening Reception: Saturday, November 19 · 8-11 pm
Exhibition Dates: November 19, 2016 – January 07, 2017
Tuesday: Appointment Only
Wednesday–Saturday: 12–6pm
make an appointment
Please note we are closed to the public during the de-installation and installation of exhibitions. Please check the current exhibition dates.
1331 W. Sunset Blvd,
Los Angeles, CA 90026
driving directions
We are one block from Dodger Stadium so plan accordingly! You can view the home game schedule here.


text:
BRT Industry Ltd
mail order, food and drink, home delivery
Extra Virgin Olive Oil with Black Winter Truffles, available in 100ml and 750ml bottles. Manufactured in the Spanish capital for truffles (Teruel) by Manjares De La Tierra ensures us in the product's high quality and customer satisfaction. Exclusively distributed in the UK by BRT Industry Ltd.
Print this page
Some of the products we provide are Extra Virgin Olive Oil with Truffles, infused Balsamic Vinegar, Cheese, Whim, Delights, Rice,
The White Winter Truffle is also known as the Alba Truffle. Found from October till end of December or sometimes
The Black Musky Truffle is normally found from mid November to March and when mature has very strong and musky
The Black Autumn Truffle is normally found from October to December and when mature has slightly stronger aroma from the
The Black Summer Truffle is normally found from mid May to September and when mature has very light and charming
The Black winter truffle, also known as the Périgord Black Truffle is normally found from mid November to March and
Create your free Hotfrog business profile
Follow Hotfrog on:
Share on:
Hotfrog Small Business Hub


text:
Hirings going on for:
1) Ground Staff
2) Customer Service
3) Passenger Service Agent
4) Retail & Food and Beverage Department at Airport
Eligibility Criteria:-
1. Age - 18 years to 25 years
2. Qualification - 12th passed /Graduate
Passport Mandatory/Police Verfication Latest
Candidate must have Good customer service skill, Good communication skill, Nice interacting skill, Quick witted and zeal to learn.
Salary - in between Rs.10,000/- to Rs.15,000/- (per Month)
for more info. visit our Website:-www.wwacareer.com
Contact us at 011-43047303,9910073504,
The World Wide Aviation is certified by the international standards of organization to provide professional aviation training. It is also registered under the Ministry of Corporate affairs.The aviation environment calls for those with a decisive nature, someone who is competent with technology and can react to an ever changing, dynamic atmosphere. At the World wide aviation academy, we assure you to be capable of these skills and work with you to be the best crew you can be.
The World Wide Aviation stands as one of leading aviation training providers, specializing in professional and private flight programs. Our programs include Aviation Operations and Aviation Safety which offer exciting aviation-related career possibilities.
Our Mission
To produce diploma/certificate who are professional, safe and competent for the benefit of the wider Aviation industry.
Our Vision
The world wide aviation would like to be recognised as a leader in:
Inflight and theorical training
Innovative learning solutions
Quality training services through best experienced cabin crews.
We wish to avail the ongoing opportunities in the sector of AVIATION, HOSPITALITY & TOURISM by starting our signature courses.
Upload Your Resume To get Hired into Top Companies
Register With Your Email
Subscribe with us, to get desired jobs to your inbox


text:
Check in from 2:00 PM / Check out prior to 12:00 AM
Perla Lesna Hotel Nadarzyn: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Nadarzyn, Poland.
Perla Lesna Hotel Nadarzyn is located in Nadarzyn and is close to the area's tourist attractions. It also provides a safe, a 24-hour reception and meeting rooms.
Hotel description
Guests of Perla have access to its wide variety of outdoor activities, including hiking and horse riding. A garden, a table tennis table and billiards are also on offer at the hotel.
Perla Lesna Hotel Nadarzyn has 29 rooms, all of which are equipped with a variety of facilities to ensure a comfortable stay.
Guests can enjoy a beverage at Perla's bar and try local and international cuisine in the restaurant. For those spending the day out, the hotel provides packed lunches if needed.
Warsaw Chopin Airport is under a 25-minute drive from Perla Lesna Hotel Nadarzyn. Warsaw and Pruszkow are located an easy car ride from the property.
Hotel features
Restaurant, Billiards
24 Hour Reception, Safe-Deposit Box, Meeting Rooms, Photocopier
Horse Riding, Hiking, Packed Lunches
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Perla Lesna Hotel Nadarzyn also viewed these 3 stars Nadarzyn hotels:
Search hotels
based on
5 reviews
Nearest hotels
- Hotel George Nadarzyn
1.3 miles
- Zagroda
1.7 miles
- Hotel i Karczma Staropolska Mazowsze
1.9 miles


text:
Forgot Password? | Not a User? Sign up
Your browser does not support iframes.
The Harriman Blue Devils opened play in the Loudon March Classic Thursday evening with a 5-2 victory over Sweetwater.
Thursday's game was the first of three for the Blue Devils at Loudon High School as they played Greenback Friday and Loudon on Saturday.
The weather outside was cold, but Midway's offense was hot as the Green Wave rolled late to an 11-3 victory at Oakdale Thursday evening.
Thursday's game, however, was close for five innings as Midway led just 2-1 entering the sixth inning.
Some athletes just know what to do with the ball.
By TYLER MANNING
Roane Newspapers
The Kingston Lady Jackets took a rough home loss Tuesday evening to the Meigs County Lady Tigers.
The Midway duo of Zach Edwards and Hayden Hester combined for seven hits, two home runs and 10 RBIs Wednesday in leading the Green Wave to a 13-8 District 3-A road win at Greenback.
Although Midway scored 13 runs, they did start slow as they trailed 2-0 after three innings of play.
The Midway Lady Green Waves opened the 2013 portion of their schedule Tuesday evening with a convincing 17-0 thee-inning victory over Greenback.
Twice, the Oliver Springs Bobcats baseball team had the Sunbright Tigers on the ropes, but on both occasions, however, the Tigers rebounded to sweep the Bobcats in a District 4-A doubleheader by scores of 6-3 and 9-6.
The Rockwood Tigers and Lady Tigers tennis teams hosted Stone Memorial Tuesday afternoon at Roane State's tennis courts, but playing on their home court didn't help as the Panthers and Lady Panthers each picked up 7-2 victories.
The Rockwood Tigers hosted the Tellico Plains Bears Tuesday night after a Monday night rain out between the two teams. A day off for rain didn't slow the Tigers, as they came out swinging and put on an offensive show, winning by a final score of 20-2.
Playing seven games in two days didn't bother the Kingston Lady Jackets softball team on Friday and Saturday, as Ronnie Ladd's squad went 6-1 on their way to capturing the 2013 Tiger Classic in Decatur.
Copyright © 2016
The Roane County News is your source for local news, sports, events, and information in Roane County and Kingston, Tennessee, and the surrounding area.


text:
A coalition of 25 business groups has asked the Federal Maritime Commission to address fees imposed when shippers can't pick-up and return cargo, containers and chassis for reasons beyond their control.
A merger of Yang Ming, which is 33 percent owned by the government, with a private company such as Evergreen Line, would be difficult to achieve, contends Chen Ou-po, a member of Taiwan's ruling Democratic Progressive Party.
The funds will be dispersed to 32 university transportation centers to advance research and education programs addressing critical transportation challenges in the United States, Transportation Secretary Anthony Foxx said in a statement.
Registration takes less than 1 minute.
The House and Senate have advanced legislation that includes the Water Resources Development Act, which authorizes the U.S. Army Corps of Engineers to dredge ports and maintain locks on inland waterways essential to commerce.
Elaine Chao has served as Secretary of Labor under President George W. Bush and Deputy Secretary of Transportation under President George H.W. Bush.
The Austin, Texas-based publisher and intelligence company said that although pirate attacks will continue to decline, maritime threats, such as militant attacks, will still pose a considerable challenge to global shipping companies.


text:
PUP.Optional.StartPage is detection by Malwarebytes Anti-malware and other security software to identify an adware that modifies Internet browser's home page. This detection covers various adware that has a tendency to override the home page with search engine or any kind of page that is not set by the user.
PUP.Optional.StartPage may present itself as valid program to trick computer users. In some instances, this adware are bundled with freeware that are offered on popular web sites. Installing the program also loads PUP.Optional.StartPage in a form of add-on or extension. Google Chrome, Internet Explorer, and Mozilla Firefox are the main target of this threat.
When the adware is run on the computer, it changes the home page to what was configured by PUP.Optional.StartPage. Normally home page is replaced with a custom search engine that shows mix results and ads. Authors intend to gain profit via displayed ads from its affiliate partners. Pay-per-click campaign (PPC) is employed in most home page hijacker such as PUP.Optional.StartPage.
Do not hesitate to remove this threat once spotted on the computer. It is as risky as other viruses and malware though it has different payload. For complete removal guide, please see the section on this page. It contains procedures as well as free tools that you may use to scan the computer and get rid of this pest in no time.
How to Remove PUP.Optional.StartPage
Systematic procedures to get rid of the threat are presented on this section. Make sure to scan the computer with suggested tools and scanners.
Step 1 : Download Microsoft Safety Scanner and Run a Scan
NOTE: We suggest that you PRINT or BOOKMARK this guide. There are steps that we may have to restart the computer in order to successfully remove the threat.
If you have previous version of Microsoft Safety Scanner that is more than 10 days old, please disregard it. Download a new copy from the official web site. Every 10 days, Microsoft will release the latest edition of this tool with updated anti-virus definitions to ensure that it will detect even most recent malware threats.
1. Download Microsoft Safety Scanner by clicking the button below and save it on your desktop. This is a free tool from Microsoft that offers on-demand scanning. It helps remove computer infection such as malware, virus, and Trojan.
2. Restart Windows in Safe Mode.
Boot in Safe Mode on Windows XP, Windows Vista, and Windows 7 system
a) Before Windows begins to load, press F8 on your keyboard.
b) It will display the Advanced Boot Options menu. Select Safe Mode.
Start computer in Safe Mode using Windows 8
a) Before Windows begins to load, press Shift and F8 on your keyboard.
b) On Recovery interface, click on 'See advanced repair options'.
c) Next, click on Troubleshoot option.
d) Then, select Advanced options from the list.
e) Lastly, please choose Windows Startup Settings and click on Restart. When Windows restarts, you will be send to a familiar Advanced Boot Options screen.
f) Select Safe Mode from the selections menu.
3. Once Windows starts in Safe Mode, locate the file of Microsoft Safety Scanner (msert.exe) that you have downloaded earlier. Double-click to run the file.
4. When it shows End user license agreement, please accept and click Next to continue.
5. On Scan Type window, please select Full scan. The tool will scan the entire system. This is ideal to detect and remove all threats that are present on the computer.
6. Click Next to begin the scan. This process will take a while to finish. Please be patient and let MSS complete the scan procedure.
7. Once the scan operation ends, it will provide a report for identified threats. Please remove all the threats.
8. Reboot the computer and run another scan after Windows boots normally to make sure that PUP.Optional.StartPage is gone. You may now restart Windows normally.
Step 2 : Double-check for Remnants of PUP.Optional.StartPage using Malwarebytes Anti-Malware
This guide requires a tool called Malwarebytes' Anti-Malware. It is a free tool designed to eradicate various computer infections including PUP.Optional.StartPage. MBAM scanner and malware removal tool is distributed for free.
1. In order to completely remove PUP.Optional.StartPage, it is best to download and run the recommended tool. Please click the button below to begin download.
2. After downloading, double-click on the file to install the application. If you are using Windows Vista or Windows 7, right-click on the file and select 'Run as administator' from the list.
3. When User Account Control prompts, please click Yes to proceed with the installation.
4. Follow the prompts and install as 'default' only. There are no changes needed during the installation process.
5. Before the installation procedure ends, MalwareBytes Anti-Malware will ask for database update, please proceed.
6. Click Finish button after installation. Program will run automatically run and you will be prompted to update if newer version of database is available.
7. At this moment, close MalwareBytes Anti-Malware and proceed with the next step.
Run a thorough scan in Safe Mode to remove PUP.Optional.StartPage
8. Remove all media such as floppy drive, cd, dvd, and USB devices. Then, restart the computer in Safe Mode using the procedures above.
9. Once Windows is running on Safe Mode, find the icon of MalwareBytes Anti-Malware. Double-click to launch the program.
10. Choose Perform full scan on scanner's console to ensure that it thoroughly check the PC for any presence of PUP.Optional.StartPage and other forms of threats. Click the Scan button to start.
11. Once the scan has completed, Malwarebytes Anti-Malware will issue a list of identified threats. Mark all threats and click on Remove Selected.
12. If it prompts to restart the computer, please reboot Windows normally.
Alternative Removal Procedure for PUP.Optional.StartPage
Use Windows System Restore to return Windows to previous state
During an infection, PUP.Optional.StartPage drops various files and registry entries. The threat intentionally hides system files by setting options in the registry. With these rigid changes, the best solution is to return Windows to previous working state is through System Restore.
To verify if System Restore is active on your computer, please follow the instructions below to access this feature.
How to Access System Restore on Windows XP, Windows Vista, and Windows 7
a) Go to Start Menu, then under 'Run' or 'Search Program and Files' field, type rstrui.
b) Then, press Enter on the keyboard to open System Restore Settings.
How to Open System Restore on Windows 8
a) Hover your mouse cursor to the lower left corner of the screen and wait for the Start icon to appear.
b) Right-click on the icon and select Run from the list. This will open a Run dialog box.
c) Type rstrui on the 'Open' field and click on OK to initiate the command.
If previous restore point is saved, you may proceed with Windows System Restore. Click here to see the full procedure.
Ways to Prevent PUP.Optional.StartPage Infection
Take the following steps to protect the computer from threats. Suggested tools and security setup within installed software helps prevent the same attack on your PC.
Install an effective anti-malware program
Your first line of defense would be an effective security program that provides real-time protection. We have a list of anti-malware program that are tried and tested. It does not only scan files but also monitors your Internet traffic and is extremely active on blocking malicious communication. Click on the button below to download our recommended anti-malware program.
Always update your installed software
Software vendors constantly releases updates for programs whenever a flaw is discovered. Getting the updates makes the computer more secured and help prevents Trojan, virus, malware, and PUP.Optional.StartPage similar attacks. If in case your program is not set for instant update, it usually offered from vendor's web site, which you can download anytime.
Maximize the security potential of your Internet browser
Each browser has their own feature where in you can adjust the security settings that fit your browsing habit. We highly encourage you to maximize the setup to tighten the security of your browser.
Apply full caution when using the Internet
Internet is full of fraud, malware, and many forms of computer threats including PUP.Optional.StartPage. Implement full caution with links that you may receive from emails, social networking sites, and instant messaging programs. It might lead you to malicious sites that can cause harm to your computer. Avoid strange web sites that offers free services and software downloads.


text:
To apply to adopt Payton, use the application here: howlin4spirit.org/adoption-application/...you will need to copy & paste the application in to a new email, complete and send to: firstname.lastname@example.com.
dob: March 26, 2013...rescued as an unwanted litter of Husky/HoundX. Payton's other siblings looked like Huskys and were adopted but, apparently, this beautiful spirit didn't look enough Husky so was left behind. VERY SWEET, a little timid with new people, but he warms up to kind, gentle hands and a calm demeanor.
Payton is a quiet, independent young man. He is a bit shy at first, yet is very sweet when he knows he can trust your heart and that knows he is safe in your care.
Very contented to run free inside secured area: not an escape-artist.
Would love another 'hanging out' buddy...companion.
Walks well on-leash, loves to explore so would be a great hiking/walking buddy on beach or wooded trails.
With loving bond and a little obedience training, this boy would make an excellent companion for a home with at least 1ac fenced-in yard, or very rural acreage
adoption fee: $125...Payton is neutered, micro-chipped, current with yrly Bordatella, Rabies and Parvo-Distemper vax, monthly heart worm, internal parasite and flea/tick prevention and comes with all medical paperwork from day#1 with H4S CARes and a current health certificate(issued within 3 days of transport).
Thank You!
Your message has been sent to Howlin4Spirit Companion Animal Rescue - Rutherfordton NC Chapter.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


text: I have a usb car-adapter and the output is 5v/ 850mah. Just wondering if it's safe for my new 3G Ipod touch? Thanks a ton- I've searched all over but can't find it. I think some that are sold are 5v/1amp which leads me to believe that mine would be safe. I actually plugged it in this morning on the way to work and it didn't smoke or anything, and the battery stayed full for the 1 hour car ride, but I just want to make sure before I risk my new little baby!


text:
I did not see this information widely published in the investment community and thought the seeking alpha community would like to see this the first day of the trading year.
LINK: http://www.prnewswire.com/search/?sch1=news&keywords=Kessler+2011+prediction
NEW YORK, Dec. 29, 2010 /PRNewswire/ -- S&P Equity Research sees big developments for the Internet segment in 2011, including continuing challenges for Google (GOOG:$601.70,00$2.78,000.46%) , changes at Yahoo (YHOO:$16.67,00$0.24,001.46%) , a cloud offering from Apple (AAPL:$325.40,00$-0.07,00-0.02%) , and excitement from China.
"The coming year should also be another year of solid growth, with double-digit gains for U.S. Internet advertising and retail spending," observed Scott Kessler, Information Technology analyst at S&P Equity Research.
Following are Mr. Kessler's predictions for the Internet industry for 2011.
1. We project that U.S. online advertising revenues and online retail spending will each rise 10% next year.
2. We think Yahoo (YHOO:$16.67,00$0.24,001.46%) will engage in at least one significant transaction intended to generate/unlock shareholder value. Possibilities include sale of the stake in Alibaba Group, reduction of its interest in Yahoo Japan, and a material acquisition (perhaps focused on international, social media and/or mobile).
3. We expect Baidu (BIDU:$99.223,0$0.513,00.52%) to make progress toward international expansion beyond China. Further offerings in Japan and/or other Asian countries seem likely, in our opinion. We also anticipate that the company will remain dominant in China and that it will continue to benefit from Google (GOOG:$601.70,00$2.78,000.46%) 's (GOOG 599 ***) problems in the country.
4. We would not be surprised if Google (GOOG:$601.70,00$2.78,000.46%) experienced further issues in China, perhaps related to the registration and operation of Google Maps.
5. We think Google (GOOG:$601.70,00$2.78,000.46%) 's continuing string of regulatory and legal woes will include a significant penalty or loss in 2011, potentially related to the Department of Justice blocking its proposed acquisition of ITA Software, Oracle (ORCL:$31.5461,$-0.0239,-0.08%) 's (ORCL 32 ****) claims involving Android, and/or continuing state and sovereign inquiries related to the company's Street View feature of Google Maps. The revised Google Book Settlement, which was filed over a year ago, might not even be approved by the court (even though it was agreed to over a year ago).
6. One of Google (GOOG:$601.70,00$2.78,000.46%) 's major global initiatives next year will be related to local advertising, in our opinion. We think a major alliance and/or acquisition is a strong possibility.
7. Getting back to books, we think Amazon.com (AMZN:$183.72,00$2.63,001.45%) will continue to be among the biggest beneficiaries of consumers making more purchases online, and we project its sixth straight year of revenue growth greater than 25%.
8. We foresee growing competition between Amazon (AMZN:$183.72,00$2.63,001.45%) and Netflix (NFLX:$181.00,00$-2.67,00-1.45%) , but nonetheless forecast that the DVD-shipping and streaming-video company will increase subscribers to 27 million by the end of next year, from our forecast of 20 million as of the end of 2010 (the most recently released subscriber count was 17 million, as of the end of the third quarter).
9. We believe, after much anticipation, that Apple (AAPL:$325.40,00$-0.07,00-0.02%) will bring iTunes to "the cloud," allowing customers to access their music and video files using the Internet, and wireless sync iTunes with compatible devices.
10. We think the number of PayPal accounts (90.5 million as of the end of the third quarter) will exceed the number of active eBay (Marketplaces unit) users (93.2 million) next year (EBAY 28 ***). eBay could move to better monetize its payments business, perhaps via an IPO of PayPal.
11. Expedia's (EXPE 25 ****) TripAdvisor is another marquee property wholly-owned by a public traded Internet company that we think would make sense as a potential IPO candidate. However, our prediction related to Expedia is that it continues to invest in and make progress in China.
12. Given Expedia's growing assets in China and that market's strong growth trajectory, we expect priceline.com (PCLN 405 ***) to look to M&A activity focused on and in the country.
13. We also expect notable M&A actions in the Internet segment. Not only will Google remain active, but we foresee international companies looking for franchise brands and businesses, perhaps of publicly traded companies.
14. Despite the IPO market warming up somewhat in the second half of 2010, we think major social media companies like Facebook, Twitter, and LinkedIn are in no rush to become publicly traded entities. They have ample capital and flexibility for more financing, in our view, and we don't expect any of them to file S-1s in 2011.
Disclosure: I am long BIDU.
S&P says watch out GOOG will have problems; but has positive outlook for BIDU, AMZN, NFLX, PCLN, and BIDU
I did not see this information widely published in the investment community and thought the seeking alpha community would like to see this the first day of the trading year.


text:
We had 3 days in one of the suites at Villa Gabrisi. The rooms were beautifully decorated and had everything you could need. The deck had a million dollar view towards the 3 Sirens. Robin the ex pat (41 years) Kiwi owner couldn't have been more helpful.
- Official Description (provided by the hotel):
- In a residential area, in the heart of Positano, there is located the ancient building which guests the hotel Villa Gabrisa, an elegant and refined hotel owned by the Rispoli family. The careful choice of each detail, just like Murano chandeliers or Capodimonte ceramics, makes every room special and the hotel's privileged position, just few minute walk from the beaches, wraps it in a fairytale atmosphere that every guest can feel it from each room balcony or terrace, which overlooks the sea. ... more less
- Reservation Options:
- TripAdvisor is proud to partner with Hotels.com, Orbitz, Booking.com, Priceline, Travelocity, Odigeo, Cheap Tickets and Jetsetter so you can book your Hotel Villa Gabrisa reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Villa Gabrisa Hotel Positano
- Gabrisa Hotel Positano


text:
Applebee's Honey Glaze
Total Time
Prep 10 mins
Cook 20 mins
A copycat recipe to give great flavor to your favorite meats.
Ingredients Nutrition
- 1 cup dark brown sugar
- 1⁄2 cup cider vinegar
- 1⁄2 cup beef stock
- 1⁄2 cup soy sauce
- 1⁄2 cup honey
- 1⁄8 cup Worcestershire sauce
- 1 tablespoon vegetable oil
- 1 tablespoon whiskey
- 1⁄4 teaspoon liquid smoke
- Tabasco sauce (to taste)
- 1 tablespoon garlic (granulated)
- cornstarch or water, mixture as needed to thicken
- Combine liquid ingredients No. 2 through 10 in saucepan and warm to just below a simmer over low heat.
- You may opt to use a "double boiler" pan to avoid scorching the glaze.
- Next, add garlic and then slowly add sugar while stirring.
- In small cup/bowl, add cornstarch to cold water and mix thoroughly until starch is dissolved. Increase heat to glaze and slowly stir in the starch/water mixture as it thickens.
- Do not bring to full boil. Stop just short of the desired final consistency. It will continue to thicken.
- Reduce heat to keep warm. You may serve on the side of your favorite broiled dish or brush on just before removing from the broiler/grill.