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 7, 2008
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.DAVID M. LACONTI, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 04-02-0115-I.
Argued September 24, 2008
Before Judges Rodríguez, Kestin and Newman.
Pursuant to Passaic County Indictment No. 04-02-0115-I, defendant David M. LaConti, a sergeant in the Ringwood Police Department, was charged in four counts: official misconduct, N.J.S.A. 2C:30-2(a) (count one); official misconduct, N.J.S.A. 2C:30-2(b) (count two); sexual assault by committing acts of penetration, N.J.S.A. 2C:14-2(c)(1) (count three); and sexual assault by intentionally touching intimate parts of the victim, N.J.S.A. 2C:14-3(b) (count four). These counts are all based on the alleged conduct of defendant towards K.M., a dispatcher in the Ringwood Police Department. K.M. alleged that on three different occasions, defendant sexually assaulted her by making her perform oral sex on him, by forcing her to masturbate him, and by grabbing her breast over her clothes.
At the end of the State's case, defendant moved for a judgment of acquittal with respect to counts one and two of the indictment (the official misconduct counts). The trial court granted the motion as to count one, but denied it as to count two.
The jury returned a not guilty verdict as to counts three and four, but found defendant guilty of count two. On the amended verdict sheet, the jury found defendant guilty of official misconduct as to all three incidents specified on the verdict sheet. A motion to set aside the jury's verdict and enter a judgment of acquittal, or alternatively, to order a new trial, was denied.
The trial court, without objection from the State, sentenced defendant for a third degree crime, even though he was convicted of a second degree crime, to three years' imprisonment, along with the appropriate fines and penalties. The trial judge continued bail and stayed the sentence pending appeal. Defendant appeals. We affirm.
From June 1989 to 1991, K.M. was employed as a civilian police dispatcher for the Ringwood Police Department ("police department"). During this period, she and defendant, a patrolman at the time, had a consensual sexual relationship. On numerous occasions, they engaged in sexual acts, including intercourse and oral sex, in the police department, while they were on duty. Their sexual activities took place in the patrol room, located in the back of the police department building. Theirs was not a dating relationship, and they did not see each other outside of the police department.
In May 1990, K.M. ended the sexual relationship with defendant after getting engaged to another man. She testified that defendant did not want to end the relationship, became "belligerent" and made nasty comments to her. In 1991, K.M. left the department's employment because her husband received another job in Illinois. She returned to New Jersey in 2000. In January 2002 she started working again as a part-time 9-1-1 dispatcher at the police department but was made a full-time dispatcher after a short time. In the interim, defendant had become a sergeant.
K.M. testified that when she was previously employed, the police department did not have a 9-1-1 emergency system, but when she returned, they had implemented one. As a dispatcher, if K.M. wanted to step away from the dispatch area, she had to contact the State, log-off her computer and call the neighboring town designated to receive the re-routed calls and report what was happening. If this did not happen and a dispatcher did not answer a phone, after a few rings, the call would be re-routed anyway.
The shifts for a dispatcher were split into three time periods: 7:00 a.m. to 3:00 p.m. (day shift), 3:00 p.m. to 11:00 p.m. (evening shift) and 11:00 p.m. to 7:00 a.m. (midnight shift). A dispatcher would work four days on one shift, have two days off, then work four days on the next shift, cycling through the three shifts. The police officers worked six days on, three days off, with shifts starting on a rotating basis. K.M. testified that there were times when she and defendant would be the only ones in the building, especially during the midnight shifts.
The first incident took place in late spring or early summer of 2002. When K.M. was walking from the patrol room back to the dispatch area, defendant was sitting in one of the chairs in the dispatch area with his penis hanging out of his pants. She testified that his pants were unbuttoned and opened, but that they were not pulled down. K.M. testified that defendant grabbed her arm and said "Why don't you take care of this for old times sake?" She responded that she did not want to, but he pulled her down to her knees because he wanted her to perform oral sex on him. After performing oral sex, she went to the bathroom and washed her face off. She testified that she was "scared." At the time this happened, defendant, in uniform, was the shift supervisor. It was the midnight shift, and the 9-1-1 emergency system was up and running.
The second incident took place in late spring 2003. During the midnight shift, while defendant was the shift supervisor and in uniform, K.M. testified that as she walked down the hall from the patrol room to the dispatch area, defendant walked up to her and said he wanted oral sex. She said no and walked to her seat in the dispatch area. When she was sitting down, defendant came up behind her with his penis out of his pants and said "just take care of this for me." She stood to get up and defendant grabbed her arm and started stroking his penis with her hand.
She was leaning up against a low cabinet, and defendant unbuttoned her pants and stuck his hand in her pants. She pushed him away again. He took her hand and started stroking his penis again, resulting in him ejaculating on the floor. After this happened, K.M. went to the bathroom, started crying and then left the police department. While this was taking place, the 9-1-1 emergency system was up and running.
The third incident took place in July 2003 when K.M. was on the midnight shift. At the time, defendant was the shift supervisor, wearing his uniform and no one else was in the building. K.M. testified that she was entering information in the computers and had to ask defendant a question. She went into the patrol room and sat down. She testified that defendant said she was cranky, and he stood up to give her a back rub. While he was massaging her shoulders, he slid his hand down over her breast, above her clothing. K.M. told him to stop, got up and walked away.
A few days after the third incident, K.M. approached Sergeant Henry Hill, who was the chief commander on the night shift. She told him that she was having a problem with a police officer and did not know what to do. She told Sgt. Hill that she was being sexually harassed by defendant and that she needed advice on how to handle the situation. She was told by Sgt.
Hill that she had to talk to Lt. Mancher. Lt. Mancher was on vacation and she did not speak to him until a week later. When she did speak with him, she told him what happened with defendant. After talking to Lt. Mancher, K.M. told Chief Bernard Lombardo what happened. After meeting with Chief Lombardo, K.M. met with the Passaic County Prosecutor's Office and provided a statement regarding the sexual abuse.
Detective Maria Papargau of the Prosecutor's Office, Sgt. Hill, and Chief Lombardo all testified at trial as to what K.M. told them. Defendant did not testify, nor did he call any witnesses.
On appeal defendant raises the following issues for our consideration.
a. The amended verdict sheet was misleading and had the clear capacity to confuse the jury and produce an unjust result, thus warranting reversal of defendant's conviction
b. Defendant was denied a fair trial as a result of the introduction to the jury of the amended verdict sheet after counsel had summed up and five hours into jury deliberations, thus warranting reversal of Defendant's conviction
c. The three acts specified on amended verdict sheet relating to Count Two actually reflected the State's theory in support of Count One on which the court had granted a judgment of acquittal
POINT IV: THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY PERMITTING THE STATE TO INTRODUCE EVIDENCE PURSUANT TO RULE 404(b) OF A SEXUAL RELATIONSHIP BETWEEN DEFENDANT AND [K.M.] THAT ALLEGEDLY OCCURRED IN 1989-1990
a. The court below erred in admitting evidence of the alleged sexual relationship in the State's case in chief because the evidence fails parts two, three and four of the Cofield test
b. The state had other less inflammatory evidence available to it
In Point I, defendant posits his argument on the assumption that the State's theory of count two was based on the three separate incidents and that the trial court correctly concluded that the verdict sheet needed to be amended to insure that the jury reached unanimity on one of the theories to support a guilty verdict on count two, relying on State v. Frisby, 174 N.J. 583, 596 (2002). Defendant contends that the verdict sheet, as amended, misstates the State's theory on count two and that the theories actually presented by the State were: "(i) [defendant] refrained from performing a duty and/or (ii) [defendant] prevented [K.M.] from performing a duty".
Defendant asserts that even though the trial court presented the State's theory of count two originally, it did not reiterate this theory when it provided the supplemental instructions and amended verdict sheet on the second day of jury deliberations. In support of his position, defendant cites State v. Grunow, 102 N.J. 133, 148-49 (1986), where the Supreme Court discusses the purpose of jury deliberations and the impact of instructions on the jury. Defendant also likens the facts of this case to those in State v. Hakim, 205 N.J. Super. 385 (App. Div. 1985), in further support of his contention that the amended verdict sheet and supplemental instructions caused prejudice such that a new trial is warranted.
The Supreme Court has made it clear that "an extraordinarily high value" is placed on the "importance of appropriate and proper jury charges" and that "[e]rroneous instructions on matters or issues material to the jurors' deliberations are presumed to be reversible error." Grunow, supra, 102 N.J. at 148 (citations omitted). Likewise, "the court ordinarily has a supervening responsibility to charge the jury concerning any version of the offense 'clearly indicate[d]' by the evidence to require proper jury consideration." Ibid. (citing State v. Choice, 98 N.J. 295, 299 (1985)).
Along these lines, general instructions on unanimity are not enough when: a single crime can be proven by different theories based on different acts and at least two of these theories rely on different evidence, and [when] circumstances demonstrate a reasonable possibility that a juror will find one theory proven and the other not proven but all of the jurors will not agree on the same theory. [State v. Parker, 124 N.J. 628, 635 (1991) (citation omitted).]
This approach can apply when there is a "genuine possibility of jury confusion," where a "conviction may occur as a result of different jurors concluding that the defendant committed different acts," "where the facts are exceptionally complex," where the "allegations in a single count are either contradictory or only marginally related to one another," or "where there is a variance between the indictment and the proof at trial." Id. at 635-36 (quotations and citations omitted). The Supreme Court pared this down to the following holding:
Concerning the need for a specific unanimity instruction, we agree with the proposition stated in [United States v. North, 910 F.2d 843, 875 (D.C. Cir. 1990)] that is generally applied in the federal system: in cases where there is a danger of a fragmented verdict the trial court must upon request offer a specific unanimity instruction. [Id. at 637 (quotations and internal citation omitted).]
There can be no doubt that the trial court needed to provide specific instructions as to count two in order to insure that a guilty verdict was based on a unanimous verdict and not on a fragmented one. At issue then is whether the later amendment of the verdict sheet was prejudicial to defendant, thus requiring a new trial.
The trial court found that there was no prejudice to defendant, in part, because the three theories as related to count two had been discussed from an early point, including during defendant's motion for judgment of acquittal. Even though the State's theory as to count two was that it was defendant's inaction that made him guilty of official misconduct, it was his inability to carry out his duty while engaged in the three incidents that supported the charge, and not a general failure to do his duty, as he now argues.
While the jury instructions and verdict sheet with the unanimity requirements should have been included in the initial charge, the fact that the charge was later amended did not prejudice defendant. This was not the first time the "triple theory" had been discussed or argued during the trial.
Likewise, defendant's argument that he was prejudiced because his attorney did not have the ability to address the three incidents during his summation can only fall on his attorney's shoulders. The fact that the trial judge did not give a specific instruction at that time did not prevent defendant's attorney from discussing these three incidents related to count two. Indeed, defense counsel discussed the specific episodes in his closing argument. The gist of his argument was that these sexual events never took place. We fail to see how defendant was prejudiced by not being afforded a special opportunity to address the jury as to the amended verdict sheet.
Defendant's reliance on State v. Hakim is also misplaced. In Hakim, this court affirmed the trial court's decision to instruct the jury on accomplice liability, even though the defendant there argued that no proof was presented during trial that could support a conviction on this theory. Hakim, supra, 205 N.J. Super. at 388. We affirmed the conviction because, even though the accomplice liability theory was not mentioned in the indictment, the trial court informed the parties prior to summations that it was going to provide the instructions to the jury. Id. at 389.
Unlike Hakim, here there was support for this instruction and defendant's attorney was on "notice" that this instruction could be applicable, based on the State's continuing theory that the official misconduct was more specifically based on the alleged incidents that took place while defendant was on duty. In Hakim, neither the State nor the defense counsel knew or anticipated that the instructions were given, but because they were informed prior to summations, there was no prejudice.
The trial court's decision to amend the verdict sheet to conform with the specific unanimity requirements was correct and did not prejudice defendant.
In Point II, defendant argues that the indictment language for count two does not satisfy the specificity requirements of Rule 3:7-3 and the requirements set out in State v. Spano, 128 N.J. Super. 90 (App. Div. 1973), aff'd, 64 N.J. 566 (1974).
The indictment as to count two stated:
The Grand Jurors of the State of New Jersey for the County of Passaic upon their oath present that David M. LaConti, a public servant, on or about April 2002 up to the July 26, 2003, in the Borough of Ringwood, in the County of Passaic, aforesaid, and within the jurisdiction of this Court, did commit an act or acts of official misconduct, when with the purpose to obtain a self benefit for himself or another, or to injure or to deprive another of a benefit he knowingly refrained from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office, contrary to the provision of 2C:30-2b., and against the peace of this State, the Government and dignity the same.
The language used in count one was identical to the language in count two, except for the citation to N.J.S.A. 2C:30-2(a), instead of to subsection (b).
Relying on the purposes of an indictment as described in Spano, defendant argues that the indictment is invalid because it "failed to adequately inform [LaConti] of the charges and accusations against which he must defend."
N.J.S.A. 2C:30-2(b) provides that a public servant is guilty of official misconduct "when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit: [. . .] (b) He knowingly refrains from performing a duty which is imposed" by law or is "clearly inherent in the nature of his office." Likewise, official misconduct has three elements: "(1) the defendant is a public servant, (2) who committed an act relating to his office, (3) with the purpose to benefit himself or deprive another of a benefit." State v. Mason, 355 N.J. Super. 296, 301 (App. Div. 2002) (citing State v. Bullock, 136 N.J. 149, 153 (1994)).
After denying the motion to dismiss the indictment, the motion judge directed the State to set forth its theories of misconduct in relation to both counts one and two. In that letter, the prosecution stated that defendant used his position as supervisor to obtain sexual gratification from K.M., and as to count two, that he was not doing his duty as a police officer when he was engaging in sexual relations with K.M.*fn1
An indictment will be upheld if there is "some evidence" as to each element of the State's case. State v. Vasky, 218 N.J. Super. 487, 491 (App. Div. 1987)). With respect to the official misconduct charge in count two, the motion judge found that "some evidence" had been presented that defendant acted without authorization, while under obligation to perform the duties of his office, when he was engaging in the sexual acts with K.M. As the motion judge noted "[f]ailing to perform the duties of a police officer by having relations with another while on duty even if consensual clearly violates defendant's obligations inherent to his office."
Because of the high level of discretion afforded to a judge when deciding motions to dismiss indictments and based upon the evidence, whether minimal or not, that demonstrates sexual acts occurred with K.M. while defendant was on duty, the motion judge did not abuse his discretion in denying defendant's motion to dismiss the indictment for lack of specificity. Mason, supra, 355 N.J. Super. at 298-99.
Following the jury verdict of guilty on count two as to all three incidents, but not guilty as to counts three or four, defendant's attorney filed a motion to set aside the verdict as inconsistent and as against the weight of the evidence. Both motions were denied. Defendant argues in Point III that the trial court's decision was in error.
The standard of review for this court is "essentially the same as that controlling the trial judge." Dolson v. Anastasia, 55 N.J. 2, 7 (1969). It is only "essentially the same" because certain aspects of the trial, such as witness credibility, demeanor, feel of the case, or other similar criteria, cannot be transmitted on the written record. Ibid. On those criteria, this court must defer to the view of the trial court; however, no deference is given to decisions that rest on determinations of "worth, plausibility, consistency or other tangible considerations apparent from the face of the record . . . ." Ibid.
Generally, inconsistent verdicts are permitted so long as there is "sufficient evidence to permit a rational factfinder to find a defendant's guilt beyond a reasonable doubt" which means that "as long as a reviewing court is satisfied that based on the evidence 'the jury could rationally have reached a verdict of guilt beyond a reasonable doubt.'" State v. Ellis, 299 N.J. Super. 440, 455-56 (App. Div. 1996) certif. denied, 151 N.J. 74 (1997) (quoting United States v. Powell, 469 U.S. 57, 67, 105 S.Ct. 471, 478, 83 L.Ed. 2d 461, 470 (1984)). Likewise, courts are "cautioned against setting aside inconsistent or illogical verdicts and from speculating as to whether such inconsistencies resulted from jury lenity, compromise, or mistake not adversely affecting the defendant, when the reason for their inconsistency cannot be determined." State v. Overton, 357 N.J. Super. 387, 397 (2003) certif. denied, 177 N.J. 219 (2003) (citing Dunn v. United States, 284 U.S. 390, 393-94, 52 S.Ct. 189, 190, 76 L.Ed. 356, 359 (1932)). This is in part based on the idea that "[i]nconsistent verdicts are accepted in our criminal justice system." State v. Banko, 182 N.J. 44, 53 (2004) (citing State v. Grey, 147 N.J. 4, 11 (1996)).
In denying the motion, the trial court observed that it is unknown why or how the jury decided to convict on count two, but found defendant not guilty on counts three and four. However, the trial judge, in commenting on the issue in the motion to set aside the verdict on the grounds of vagueness and inconsistency of the verdict, noted the illogic of defendant's attorney's theory that if the jury found him not guilty of forced sex, it must mean that the jury found the acts to be consensual. Instead, the trial court observed that the verdict meant that the State failed to prove beyond a reasonable doubt that it was forced sex, but that it did not mean that it was necessarily consensual either. The jury could have simply found that even though the acts were not criminal, they did constitute official misconduct under the statute. For those reasons, the trial court did not set aside the verdict as against the weight of the evidence or on grounds of inconsistency.
Based on the evidence presented at trial, along with the clear policy in allowing inconsistent verdicts so long as the evidence demonstrates that proof was made beyond a reasonable doubt, we are satisfied that the trial judge did not err in denying defendant's motion on these grounds.
Pursuant to Rule 3:20-1, on the defendant's motion, the trial judge "may grant the defendant a new trial if required in the interest of justice;" however, the trial judge shall not [. . .] set aside the verdict of the jury as against the weight of the evidence unless, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a manifest denial of justice under the law.
When a trial judge is determining whether to grant a motion for a new trial because the verdict is against the weight of the evidence, the "object is to correct clear error or mistake by the jury," which means "the judge may not substitute his judgment for that of the jury merely because he would have reached the opposite conclusion". Dolson, supra, 55 N.J. at 6. The trial judge must "'canvass the record, not to balance the persuasiveness of the evidence on one side as against the other, but to determine whether reasonable minds might accept the evidence as adequate to support the jury verdict.'" Ibid. (quoting Kulbacki v. Sobchinsky, 38 N.J. 435, 445 (1962)).
Contrary to defendant's assertion, the trial judge carefully reviewed the testimony presented during the trial and concluded that the jury could have determined that while the sexual acts were not forced, their commission still amounted to official misconduct as charged. Likewise, upon review of the transcripts and testimony provided, it is clear that the verdict was not against the weight of the evidence. A reasonable jury could have concluded that defendant was acting contrary to his duty when he engaged in the sexual acts with K.M., regardless of whether those acts were criminal or consensual.
The trial court's denial of defendant's motion to set aside the verdict was not against the weight of the evidence.
In Point IV, defendant argues that the trial court erred in allowing testimony relating to the relationship between defendant and K.M. that took place from 1989 to 1990. He argues that N.J.R.E. 404(b) is not applicable in this instance.
The standard of review of admissibility of evidence under N.J.R.E. 404(b) is highly deferential. "Only where there is a clear error of judgment should the trial court's conclusion with respect to the balancing test be disturbed." State v. Barden, 195 N.J. 375, 391 (2008) (citing State v. Marrero, 148 N.J. 469, 483 (1997)). However, when the trial court does not engage in a balancing test under State v. Cofield, 127 N.J. 328 (1992), this court "may conduct a plenary review to determine [the] admissibility" of the evidence. Barden, supra, 195 N.J. at 391 (citing State v. Lykes, 192 N.J. 519, 534 (2007)).
N.J.R.E. 404(b) states, in pertinent part, that evidence that is otherwise admissible is not admissible "to prove the disposition of a person in order to show that such person acted in conformity therewith" and that "[s]uch evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident when such matters are relevant to a material issue in dispute."
In Cofield, the Supreme Court set forth a four-part test to determine when, in the criminal context, evidence of other "bad conduct" is admissible against a defendant. First, the "evidence of the other crime must be admissible as relevant to a material issue;" second, it "must be similar in kind and reasonably close in time to the offense charged;" third, the "evidence of the other crime must be clear and convincing;" and fourth, the "probative value of the evidence must not be outweighed by its apparent prejudice." Cofield, supra, 127 N.J. at 338 (citations omitted). Defendant argues that the evidence should not have been admissible because it fails the second, third and fourth prong of the Cofield test.
The trial judge, in deciding the N.J.R.E. 404(b) issue, noted that he thought the statements regarding the past relationship between defendant and K.M. were admissible "without regard to Rule 404(b), because [. . .] what occurred in 1989 is part of an indivisible story." The trial court made this determination because of K.M.'s testimony that defendant said to her "take care of this for old time's sake" just prior to the first sexual incident alleged by K.M. The trial judge found if the jury were to hear that statement, which he found to be admissible, and there was no testimony regarding a prior relationship, that this "would lead to confusion on the part of the jury." Based on this alone, the trial court found that the testimony regarding the prior relationship was admissible under a res gestae theory. However, because N.J.R.E. 404(b) was presented as an alternative avenue to allow the testimony to be admissible, the trial court also conducted a 404(b) analysis. This decision is what defendant now appeals.
As a general rule, the second prong of the Cofield test is not always applicable. Likewise, "its usefulness as a requirement is limited to cases that replicate the circumstances in Cofield." Barnes, supra, 195 N.J. at 391 (quotation omitted). When applicable, the second prong considers whether the evidence is "similar in kind and reasonably close in time to the offense charged." Cofield, supra, 127 N.J. at 338. Here, the trial court found that the element was applicable to the case and applied it as such.
The trial court found that "without question" the conduct during the relationship was similar to the conduct alleged in the indictments. The trial court even considered it "virtually identical." The trial court noted that "it occurred at the same location," consisted of "the same type of sex," and "involves the same people [in] the same circumstances".
The trial court also found that it was "reasonably close in time measured against the totality of the facts." Even though thirteen or fourteen years had passed between the relationship and the incidents, the trial court noted that K.M. had left her job at the police department, moved out of state and then returned. During most of the time span between the relationship and the incidents, K.M. and defendant did not have any contact with each other.
Defendant and K.M. both admit that there was a past relationship. The relationship and incidents are remarkably similar, involving sexual acts in the police department. Because the time span between the relationship and the incidents is mostly made up of time that K.M. and defendant were not even living in the same state, the second prong of Cofield was satisfied.
Under the third prong of the Cofield test, the trial court must consider whether the evidence of the past conduct was proved by clear and convincing evidence. The trial judge found K.M. to be a credible witness and that the proofs submitted supporting the conclusion that there was a past relationship were also credible. Great deference is given to a trial court's findings regarding witness credibility, demeanor on the stand, and related elements of a trial. See Dolson, supra, 55 N.J. at 7.
Here, there is nothing in the record that impugns the trial court's decision regarding K.M.'s credibility. In support of his argument, defendant simply states that K.M.'s testimony was not credible because she could not remember details about the sexual encounters during the period of 1989 to 1990. However, the trial court noted that even despite her inability to remember some details, it still found her credible. We see no basis to disturb this credibility assessment. Put another way, the trial court's conclusion that there was clear and convincing evidence that a past relationship existed was well documented by the record.
Finally, under the fourth prong of Cofield, the trial court must balance the probative value of the evidence against the apparent prejudice of the evidence. The trial court acknowledged that the evidence regarding the past relationship was prejudicial, but found that it was outweighed by the probative value of the evidence. When providing the elements to be considered, the Cofield Court noted that the "inflammatory characteristics of other-crime evidence [. . .] mandates a careful and pragmatic evaluation by trial courts, based on the specific context in which the evidence is offered, to determine whether the probative worth of the evidence outweighs its potential for undue prejudice." Cofield, supra, 127 N.J. at 334 (citing State v. Stevens, 115 N.J. 289, 303 (1989)). Stated differently, a "decision to admit such evidence should not be upset unless 'the danger of undue prejudice . . . outweigh[s] probative value so as to divert jurors from a reasonable and fair evaluation of the basic issue of guilt or innocence.'" Marrero, supra, 148 N.J. at 490 (citing State v. Moore, 122 N.J. 420, 467 (1991)).
Part of this analysis considers whether there is available evidence that is less inflammatory but equally probative of the issue. Id. at 482. Defendant contends that less inflammatory evidence existed, but does not specify what this evidence is or how it could have been presented. Likewise, defendant does not state why it is less prejudicial, but still equally probative to tip the scale in favor of not allowing the testimony regarding the past relationship between defendant and K.M.
Here, the evidence admitted was not inflammatory in nature. It was neither evidence of defendant's past conduct involving sexual acts which were considered criminal, nor was it evidence of past conduct that could place a shadow on his actions with K.M. Instead, it was simply evidence of a past, consensual relationship between defendant and K.M. that put into context K.M.'s testimony that when defendant forced himself on her, he referenced their past sexual relationship.
We add that prior defense counsel argued that evidence of a past sexual relationship be presented to the grand jury. At that point, the defense wanted the grand jury to know that defendant and K.M. had a prior consensual relationship. Obviously, the defense wanted to plant the seed that there were no forced sexual acts. Indeed, the jury acquitted defendant of the forced sexual acts under counts three and four here. Despite the presentation that this testimony of a past sexual relationship should be inadmissible, it likely played an important role in the not guilty verdicts on counts three and four. It would not be surprising that this line of testimony worked to defendant's benefit.
In any event, we defer to the trial court's determination of the four-pronged test under Cofield, which is amply supported by the record, to admit testimony of the prior consensual sexual relationship pursuant to N.J.R.E. 404(b).
We need not dwell on defendant's contention that cumulative error warrants a new trial because we have determined that no error was committed.
The judgment of conviction is affirmed.
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:
"The true home of kings, the house of all centuries" are the words Napoleon used to describe a mix of classical Renaissance style the royal castle of Fontainebleau, located next to the centre of Fontainebleau (Seine-et-Marne), some sixty miles towards the south-east of Paris. Unesco declared the castle a World Heritage site in 1981. The famous horse-shoe shaped staircase, an iconic feature of the palace, is a work added during the reign of King Louis XIII, based on a Renaissance model. The improvements to the palace have been made continuously throughout the centuries (eight to be precise). In the 16th Century, Francis the first turned it into a masterpiece of architecture and decoration. As a result one can witness his personal gallery, the Trinity church and the bathroom, all sublime in their stylishness. Further still are the two boudoirs of Marie-Antoinette that Louis XVI offered to his wife. With over 1500 examples, this place houses one of the most important collections of old furniture in France, as well as an excellent collection of paintings. Within the parks and gardens, spread out over a 130 hectare plot, each sovereign has left his mark: a carp pond here, an ornamental statue of Diana there, not forgetting the Grand Parterre de le Nôtre and Le Vau, the biggest flowerbeds in Europe. For those interested in Marie Antoinette, Pariscityvision offers a combination of the Versailles and Fontainebleau tours.
Discover Fontainebleau castle and the Château of Vaux-le-Vicomte that inspired Versailles. Take an audio-guided tour and roam freely through the châteaux and French gardens designed by André Le Nôtre. Day trip departing from Paris.
Discover the châteaux of Fontainebleau and Vaux-le-Vicomte on a day trip departing from Paris. Free time to visit the French gardens dating from the Renaissance.
Small groups or private tours. Go on an excursion with a guided tour of the Palace of Fontainebleau. After the tour inside, free time to roam in the gardens. Transport from your accommodation in Paris.

subset: commoncrawl


text:
Getty Images / Christopher Furlong
Starbucks Recalls Holiday Paninis After E. Coli Scare
As the latest company affected by a potential bacterial contamination, Starbucks' recall affects over 1,300 of its locations.By Ryan Biek | December 2, 2015
Starbucks is now the latest company reeling from an E. coli scare.
The company has recalled its holiday turkey paninis that have the potentially contaminated celery in its California, Oregon and Nevada locations.
This potential E. coli outbreak is the same one that's hit Costco, Walmart and Target.
Article Continues Below


text:
Ms Cole has turned her hand to jewellery design with her Promise ring, which features rose gold and blackened silver, cut to spell the word "promise" and intended to be worn on the little finger. If you fancy blinging up you fingers, it'll set you back around €920.
The launch party marked Cheryl's first public engagement since her illness, and we're pleased to report that she looked on form in her gold embellished Elie Saab frock. Kimberley wore an figure-hugging LBD and Nicola opted for unusual sequinned and sheer dress, but fellow Girls Aloud members Sarah and Nadine did not make it to the party - further fuelling rumours of a feud between the girls.
Suggested For You
Get top stories and blog posts emailed to me each day. Newsletters may offer personalized content or advertisements. Learn more


text:
If you have an existing online account, sign in below.
Shop with confidence.We value your privacy and security
Item Number:
Your Savings:
Shipping & Handling:
(1 review)
Please enter your personalized text to appear on your item.
You are adding more than 1 item with the same personalization to the cart.
The following personalized text will appear on all these items:
The following personalized text will appear on your item:
Make Changes
This item is currently sold out. Please check again at a later date.
For more information, please contact 1-888-2020-888.
Ratings & Reviews
(average rating based on 1 review)
Ratings Distribution
5 Stars
4 Stars
3 Stars
2 Stars
1 Stars
Reviewed by 1 customer
Displaying reviews 1-1
Back to top
( 2 of 3 customers found this review helpful)
really admired these Earrings
By Anne
from Ontario
I admired these Earrings for many months and Finally decided to send for them.They are beautiful as seen online.....however they look like... and are described as ROUND hoop earrings.In fact they are oval and very long ovals which hang down quite long.I love the colour purple and I love the translucent Resin and the bling of the stones.I had hoped to wear them as every day but a little fancier hoops.They are far to long and large for that purpose.So I am sad to have to return these.If they offered these Resin earrings again in a smaller ROUND pair...as they look on line... I would not hesitate to order as the resin the purple and the design & stones are a beautiful combination.
Bottom Line Yes, I would recommend this to a friend
Was this review helpful?
Yes / No
- You may also
flag this review


text:
Having unwanted fat in different areas of your body can have a substantial effect on your health and self-confidence. While conventional weight-loss through workout and diet is a terrific method to reduce weight in general, even the very best workouts cannot target issue locations like the tummy, inner thighs, arms, and buttocks. Liposuction is a time checked treatment that is utilized to eliminate excess fat from specific locations of the body, allowing a specific to form and contour their body to their preference. Is liposuction right for you? Learn now.
Pros of Liposuction
There are many benefits to this cosmetic procedure, including:
• Right away noticeable modifications. Unlike traditional weight reduction, liposuction produces changes that are immediately noticeable in the body. Some distinction is obvious immediately, and the preferred outcomes are typically accomplished in simply a couple of days.
• Proven and safe. This cosmetic procedure has actually been carried out by seasoned surgeons all over the world for years and the method has been refined over and once again to be safe and effective.
• Recovery time is normally quick. The downtime needed after having this kind of treatment is usually much less than exactly what is needed for other kinds of cosmetic procedures, consisting of tummy tucks, breast reduction, and more. People who have had the procedure can often go back to work much more rapidly than they prepared for and can get back to living a healthy, active lifestyle.
• Weight reduction can be irreversible. With the best upkeep methods, the fat that was removed during the liposuction treatment will not return.
• Complete control over your physique. With liposuction, a person can have complete control over how they want to look, beyond exactly what conventional diet plan and workout can offer. Offering individuals this power over their bodies increases self-esteem and help people feel their very best.
While there countless benefits to liposuction, there are obviously a couple of caveats that need to be taken into consideration prior to making the decision to move on with the treatment.
Cons of Liposuction
Prior to having actually liposuction done, it is very important to examine the potential downsides of the procedure and identify if the advantages surpass the dangers in your particular case. Your surgeon can help you find out more about the risks related to the procedure and can help you choose if progressing is the ideal thing for you.
• Problems with basic anesthesia. Since liposuction is carried out under general anesthesia, the treatment brings the same dangers as other type of surgery where general anesthesia is utilized. Hidden medical conditions may increase these threats.
• Negative reactions. Bruising, bleeding, and discomfort are all to be anticipated, nevertheless, in rare cases can cause more significant problems.
• The possible to get the weight back. After having actually liposuction done, it is vital to keep a healthy diet and exercise correctly as recommended by your doctor. Failure to do so might result in getting back the weight that was lost or potentially a lot more.
There are threats associated with liposuction, for numerous individuals, the advantages far surpass them. Inform yourself about the treatment by having extensive discussions with your cosmetic surgeon and consider how liposuction has the potential to affect you as a distinct individual. Just you and your cosmetic surgeon can figure out if liposuction will offer you with the outcomes you are trying to find within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Clark Pennsylvania
Laser liposuction is a newer, minimally invasive procedure that involves heating the fat cells to melting point and getting rid of the melted fat through a little cannula. The treatment is usually done right in your doctor's workplace and is an outstanding alternative for individuals who have less than 500 ml of fat to get rid of from any one area. Laser liposuction can be a safe, complementary procedure to weight-loss in order to shape the body you've always wanted.
Contact a Cosmetic surgeon in your Clark Pennsylvania today.
If you're thinking about liposuction as a weight loss solution, it's important that you discuss your desires with a qualified cosmetic surgeon in your area. Your cosmetic surgeon will perform a total test and health history survey to determine if liposuction can benefit you and help you reach your physical and psychological goals. Call today for an examination and find out more about how liposuction can assist you accomplish the body of your dreams.


text:
Ali Zafer's new film with SRK and Alia Bhutt1,273 views
Pakistani eminent singer and actor Ali Zafar proclaimed his very own movie, Deosai, on the event of his 35th birthday. Yet the artist's motion picture is in the process but he hasn't wasted any time to start further projects.
Zafar shared in an interview that though his dream venture can have been postponed for the time being, but he will immediately be beginning work on one more movie. He stated that "I will be starring in a Pakistani film which is expected to go on floors in October this year,"
Although he didn't give much information about the movie and stated that he will be made a formal declaration in the impending some days. Should the movie turn up, it will mark Zafar's much-awaited presentation as an actor in Pakistani movies later than he called off of Shoaib Mansoor's Khuda Kay Liye at the last moment.
The artist stated about the upshot of Deosai, that the movie has been pretending the backburner for a huge number of causes. He elaborated as "You see, Deosai is a very ambitious project. And the sort of technical expertise and equipment you need to film such a movie is not yet available in the country right now," he further continued that "Plus filming at the high altitudes ofDeosai is also going to be a major issue."
Out-of-the-way from his acting dedications, Zafar also revealed that he has hit the studio once more and is preparing his fourth studio album. He said that "I had been contemplating working on an album for a while but had been too busy working in films,"
Salman Khan to get married on December 27?
The Channo singer further added "The music industry is showing signs of improvement following the arrival of all these portals such as Taazi and Patari," he quipped "And I also made my own studio so now I've finally decided to put it to use,"
Zafar was previously busy with the eighth season of Coke Studio and gave the popular 2015's song Rockstar. After that, he was busy in composing the official anthem for the inaugural edition of the Pakistan Super League and performed at its opening ceremony.
Whereas he remained tight-lipped over projects in Bollywood but sources disclosed about his latest wrapped up work in Goa on the imminent Gauri Shinde movie. The untitled venture also stars Alia Bhatt and Shah Rukh Khan. And Ali Zafar is also worked as the playback singer in two songs in the same movie. It's his new film after 2014th release Kill Dil. He has in the past worked in Bollywood movies like Total Siyapaa, Mere Brother Ki Dulhan, Tere Bin Laden and London Paris New York.


text:
Total Time
Prep 10 mins
Cook 20 mins
This is a great recipe for homemade goulash. It is very easy to make and tastes great.
Ingredients Nutrition
- 1 lb ground beef
- 1 small bell pepper (diced)
- 1 (8 ounce) box macaroni noodles (cooked)
- 1 small onion (diced)
- 1 (2 1/4 ounce) can sliced mushrooms
- 1 (15 ounce) can diced tomatoes
- 1 (10 1/2 ounce) can campbell's tomato soup
- 3 tablespoons olive oil
- 1 teaspoon garlic salt
- 1 teaspoon sugar
- 1⁄2 teaspoon pepper
- 1⁄2 teaspoon paprika
- water, if needed
- Brown ground beef; drain and set aside.
- Heat olive oil over medium-high heat. Stir in mushrooms, green peppers, onion, paprika, salt, sugar, pepper & garlic salt.
- Add diced tomatoes, tomato soup, cooked macaroni, and ground beef. Add a little water if needed. Sometimes the diced tomatoes don't have enough juice.
- Cook 5 minutes on medium heat, then reduce heat and simmer for 20 minutes. Stir often.
Most Helpful
I doubled the recipe, added a bit more sugar, a little more garlic, but otherwise stayed true to the original. It just wasn't the consistency I like-I like it thicker, deeper flavor and the tomatoes less visible. So , after I made it in the skillet, I put it in the crock pot on low several hours. It was perfect! My husband added corn to his, my kids sprinkled mozzarella on theirs, but they all loved it.
This is like my mother made except she would add kidney beans to it. Still have co-workers laugh when I tell them it goulosh. They say hotdish.
This is old school goulash the one I remembered and hunted for....yum in a child's memory ...


text:
Josh Krajcik Needs a Little Help from His Friends
You don't often see an X Factor contestant compared to both chicken soup and the world's most famous vampire. But those were both descriptions bestowed on Josh Krajcik last night, following a strong rendition of "With A Little Help From My Friends."
What engendered such responses, the former from Paula and the latter from Simon? Josh's growls. His faces. His overall expressive demeanor.


text: Public bug reported: Binary package hint: thunderbird Lightning worked before an update (using update manager in Ubuntu). Now, I can't edit iCal URLs for existing calanders, existing calanders do not display events in any view (or the agenda), creation works, but reproduces the first problem, recreation does not resolve any of these problems. ProblemType: Bug Architecture: i386 Date: Sat Mar 1 18:05:54 2008 Dependencies: DistroRelease: Ubuntu 7.10 Package: mozilla-thunderbird None [modified: /var/lib/dpkg/info/mozilla-thunderbird.list] PackageArchitecture: all SourcePackage: thunderbird Uname: Linux kevin-laptop 2.6.22-14-generic #1 SMP Tue Feb 12 07:42:25 UTC 2008 i686 GNU/Linux ** Affects: thunderbird (Ubuntu) Importance: Undecided Status: New ** Tags: apport-bug -- iCal doesn't work with Lightning https://bugs.launchpad.net/bugs/197457 You received this bug notification because you are a member of Mozilla Bugs, which is subscribed to thunderbird in ubuntu.


text:
Min comment interval: 14 seconds
Remaining character count: 4000
Remaining character count: 4000
Spoiler Image
Shortcuts: "C" opens comments. "R" refreshes comments.
Record voice message?
Scroll to your comment?
Refresh Comments
> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#40 - forthecog
Reply(11/23/2011) [-]
DUDE!! congrats on getting linked by the fat black woman in the back of the theater!
#41 to #46 - sirclydeth
Reply(11/23/2011) [-]
Thanks :), I can't believe it myself :D. I sent him a link and told him about the drawing and he said he'd mass messaged it, it's amazing!!


text:
Food & Drink › La Preferida
LA Preferida Inc in Chicago, IL is a private company categorized under Groceries and Related Products.
Leave it to America to come up with a bunch of crazy foods that we never knew we needed.
State fairs are known for their greasy foods, but they also come up with some pretty inventive and tasty treats. Find your favorite!
Who doesn't love french fries? Find out where to get the best ones in the business!
The people decorating these cakes took their instructions way too literally and it's hilarious!
Are you cheese, pepperoni, or something else? Find out which delicious pizza topping you are!
Your favorite brand of candy might not match your personality. This quiz will tell you which candy you are!
If you were a breakfast food, which one would you be? Take this quiz to find out!
Find out if you're a spunky do-si-do, a familiar trefoil, or anything in-between.
Sign up for ChaCha and you'll be able to easily get answers from thousands of ChaCha Guides on the Web and on your mobile phone, see your answer history, and stay up to date with the latest updates from ChaCha.


text:
Francis Ordega is 21 years old, she is from Benue state, she plays for both the Super Falcons and Pitea club in Sweden where she currently resides. The Super Falcons last Saturday won the African Women Championship. Ordega is really beautiful, check out her pics.
Wow!! See Pictures Of Beautiful Francisca Ordega Who Plays For The Falcons
Please give us a quick like, we really appreciate it! Please give us a quick like, it's appreciated! Please give us a quick like


text:
Article Title
Program Web Address
With so many economy/budget lodging brands and rooms added to the market, it is difficult for consumers to identify differences in the services offered. In addition, industry practitioners need to understand what is expected of them by the consumers they serve. The authors review the economy budget lodging in general and empirically examine this issue.
Recommended Citation
Bai, Billy; Ghiselli, Richard F.; and Pearson, Thomas
"Market Characteristics in Economy/Budget Lodging,"
Hospitality Review:
Vol. 18:
2, Article 4.
Available at: http://digitalcommons.fiu.edu/hospitalityreview/vol18/iss2/4


text:
This item is also listed in the following categories:
This high-quality Planetary Gear Shim Set provides replacement parts for your kit supplied items.Planetary Gear Shim Set (10) Features:
Durable steel for long-lasting performance - Precision manufactured for consistent operation in your Team Durango Diff assembly
5mm Inside Diameter
18mm Outside Diameter
0.20mm ThicknessPlanetary Gear Shim Set (10) Includes:
10 x Planetary Gear Shims per pack
Royal mail at £3.50, or Express at £6.95.
Full details at checkout.
Some items cannot be sent via Royal Mail due to their restrictions.
To see shipping costs simply add the item to your basket and choose your country from the drop down list on the view cart page.
Use this form to ask us a quick one sentence question about this specific product. For more in depth queries, please feel free to email or call us.
Our system will drop you an automated e-mail as soon as this product comes back into stock.


text:
Real-World Index - Part 5: Spider-Man
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Welcome to the "Real-World" Index
This one is a list of the most prominent supporting characters and villains who originally appeared in Marvel Comics, and can be adapted to the Marvel Cinematic Universe following the deal between Marvel Studios and Sony to include Spider-Man in the Marvel Cinematic Universe.
Supporting Characters
- May Parker (Introduced in Captain America: Civil War as May Parker)
- Ben Parker
- Mary Jane Watson
- J.J. Jameson
- Anna May Watson
- Harry Osborn
- Gwen Stacy
- Felicia Hardy
- George Stacy
- Robbie Robertson
- Flash Thompson (Introduced in Spider-Man: Homecoming as Flash Thompson)
- Betty Brant
- John Jameson
- Richard Parker
- Mary Parker
- Liz Allan (Introduced in Spider-Man: Homecoming as Liz Allan)
- Silver Sable
- Jessica Drew
- Jean DeWolff
- Glory Grant
- Debra Whitman
- Alistaire Smythe
- Beetle
- Black Tarantula
- Carnage
- Chameleon
- Doctor Octopus
- Electro
- Green Goblin
- Hammerhead
- Hobgoblin
- Hydro-Man
- Jackal
- Kraven the Hunter
- Lizard
- Man-Wolf
- Molten Man
- Morbius
- Mysterio
- Rhino
- Sandman
- Scorpion
- Shocker (Introduced in Spider-Man: Homecoming as Herman Schultz)
- Silvermane
- Tinkerer (Introduced in Spider-Man: Homecoming as Phineas Mason)
- Tombstone
- Venom
- Vermin
- Vulture (Introduced in Spider-Man: Homecoming as Adrian Toomes)


text:
1172 Hillsboro Mile # 1-3 Hillsboro Beach, Florida 33062
Luxurious and spacious 2 bedroom and 2.5 bathroom town-home on Hillsboro Beachs "Magnificent Mile" featuring private courtyard and large patio beneath shade of banyan trees. Nestled in a charming, pet friendly community, that offers private beach, intracoastal dock, pool, and two car garage parking. Unique office/loft, wet bar, sweeping staircase, elegant granite kitchen counter tops with tile back splash, and expansive balconies. Over-sized master bedroom includes his and her walk in closets.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


text: I had nothing to do during easter so i decided to make my first theme. Its called alienware advanced and has 'invader' style icons. there are about 82 icons, 3 custom wallpapers, a custom slider and a battery. EDIT: oh crap i forgot, theres also an alienware trash bin. credits to malava or somethin like that for the statusbar, and the gba,snes and psx icons credits to the guy who made the battery (i forgot who) my photoshop skills arnt godly like some on this forum but im ok considering i got the program last week. 60& of icons were from aleinguise, 30% is made by me and 10% are from malavi. this is first theme so dont flame if u dont like it. Please Register or Log in to view images download link: http://[PIRACY.rs].com/files/101400951/Alienware_Advanced.zip pics: (the second wallapaper is included)


text:
Kerry's entrepreneurs have an appetite for success.
That's according to Killorglin native Kieran O'Keeffe – CEO of MobileWebAdz and one of the 24 finalists shortlisted for the Ernet & Young Entrepreneur of the Year 2016.
Kieran has been shortlisted in the international category, and will represent Kerry over the next ten months in the programme.
His company turns over 45 billion mobile ads per month and is a major global success, operating in 55 countries.
Kieran said, outside of Dublin, Kerry is the most successful country in the EY Entrepreneur programme – he says this appetite for success in business is mirrored in our football:


text:
Attapsana Guesthouse
No. 38, 1st floor Jalan Berangan, Off Jalan Nagasari Bukit Bintang 50200., Kuala Lumpur, Malaysia Show Map
Check in from 14h / Check out prior to 14h
Attapsana Guesthouse: Find photos, reviews, information, amenities and compare prices for 1 stars hotels in Kuala Lumpur, Malaysia.
Attapsana Guesthouse provides a comfortable setting while in Kuala Lumpur. It is set amongst a range of popular shops and is minutes on foot from Bukit Bintang Monorail Station.
Hotel description
Attapsana Guesthouse Hostel Kuala Lumpur offers a 24/7 reception, plus luggage storage and a tour desk. For added convenience, it features internet, an airport shuttle and a laundry service.
Rooms at Attapsana Guesthouse are comfortable and feature cable/satellite channels.
Attapsana Guesthouse Hostel Kuala Lumpur serves breakfast daily, and there is a bar where guests can relax with a drink in the afternoon or in the evening. A selection of cafés and restaurants can also be found close by.
Kuala Lumpur's well-known attractions and landmarks are within close proximity to the guest house, with Pavilion Kuala Lumpur, Sungei Wang Plaza and Fahrenheit 88 Mall just minutes away. Kuala Lumpur Tower is easily accessible by car.
Hotel features
Bar / Lounge, Air Conditioned, Cable / Satellite TV, TV, Shower
24 Hour Reception, Laundry service, Luggage Storage
Tour Desk
High-speed Internet
Parking, Airport shuttle
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Attapsana Guesthouse also viewed these 1 stars Kuala Lumpur hotels:
The Den at Brickfields
No.7A, Jalan Ang Seng 3 Brickfields (Little India), Kuala Lumpur
No.7A, Jalan Ang Seng 3 Brickfields (Little India), Kuala Lumpur
V Hotel
3,Jalan 8/146, Metro Centre, Bandar Tasik Selatan, Kuala Lumpur
3,Jalan 8/146, Metro Centre, Bandar Tasik Selatan, Kuala Lumpur
Malaysian Guest House
No 12 Jalan Rembia off, Tingkat Tong Shin, Kuala Lumpur
No 12 Jalan Rembia off, Tingkat Tong Shin, Kuala Lumpur
Search hotels
based on
0 reviews
Nearest hotels
- T&T Motel
33 m
- 41 Berangan
33 m
- Lacomme Inn
36 m


text:
Animals of the Antarctic Mini-Lesson
Objective: Students will learn about the interesting adaptations that help some Antarctic animals survive.
Suggested Time: 15 minutes
Reading Level: Upper Elementary
Teacher Background
The two polar regions at the very ends of the Earth are among the coldest, windiest, and most remote places on the planet. A huge, frozen MORE
Already a subscriber? Sign In.
Print or Project
- A Visual Overview: Show the slideshow of photos to your class. Each has a descriptive caption and kid-friendly copy for your students to read. (Please note that there is also more extensive teacher note copy just for you.)
- Creative Caption Review: Once you've been through the slideshow for an overview, go back through it again. This time ask students to explain why the captions do (or do not!) work. (Example: Do you think the caption "The Top of the Top" is a good one for the first slide? Why or why not?)
Click the thumbnail slides below to see the captions and kid-friendly copy up close.
- Continue the Conversation: Ask students if they were surprised to find out that penguins are only found in the wild in Antarctica (not in the Arctic). Ask them what else they learned from the slideshow and encourage them to talk about why they would like to know more about.
- Write about it: Tell students that there are research stations in the Antarctic. Ask them to write a few sentences explaining what they think life would be like for a person who works in one of those stations. Ask them to think about how humans might cope with such a harsh environment.
Extension Activities
Reinforcements: These worksheets will be useful as you further develop your teaching unit. The Word Power worksheet will give your students vocabulary practice with key terms from this mini-lesson and the related activity will help reinforce key concepts on the Arctic and Antarctic.
Excerpted from:
Eyewitness: Arctic & Antarctic
Discover the icy wastes of the polar regions and the remarkable plants and animals that survive in such hostile conditions.
Receive 20% off your DK purchase with promo code DKCLIP.
If you need to teach it, we have it covered.
Start your free trial to gain instant access to thousands of expertly curated worksheets, activities, and lessons created by educational publishers and teachers.Start Your Free Trial


text:
FORT CAMPBELL, KY. - Staff Sgt. David Manley, Malfunctions NCO of the 861st Quartermaster Company, watches as Soldiers are deployed from the...
Specialist Frederick "A.J." Thomas talks about his role as a parachute rigger in the Army Reserve's 861st Quarter Master Company as the unit conducts airborne operations in Nashville and Fort Campbell. Kentucky.
Taken: 08.27.2016 | Video by Sgt. Cameron Christensen


text:
How to Uninstall Windows XP
Although it is uncommon, some computers lack the power to run Windows XP. Others contain hardware additions that are not compatible. If that happens, all kinds of errors can occur. In such a case, you can either upgrade your computer or uninstall Windows XP, reverting to an older operating system. It's a time consuming process, but can be done with very few complications.
Things You'll Need
- Windows XP
- Older version of Windows
Uninstall Windows XP
Step 1
Set your computer to start in safe mode and restart it. You can also simply start your computer and press the "F8" key while it begins to load. You will be able to access safe mode from the startup utilities.
Step 2
Be sure to sign into the computer with an account that has administrator privileges. Only the system administrator has the authority to uninstall Windows XP.
Step 3
Click "Start" to access the Start menu.
Step 4
Click on the "Control Panel" icon.
Step 5
Double-click the "Add or Remove Programs" application. This will load a list of programs that you can choose to uninstall.
Step 6
Select "Uninstall Windows XP" from the Add/Remove list. This will begin the uninstallation process.
Step 7
Reinstall an older version of Windows or the newer Windows XP if the "Uninstall Windows XP" link is not present in the Add/Remove list.
Step 8
Note that you need to backup files, as the Windows installation disc will not necessarily be able to detect the files you wish to keep.
Tips & Warnings
- Consider upgrading from Windows XP to Windows Vista. You are not required to uninstall Windows XP, and can simply have Windows Vista overwrite and incorporate Windows XP files. The transfer is fairly simple and saves you from having to create boot discs and extensive backups.
- Files you installed prior to upgrading to Windows XP will be saved on the hard drive during the revert. Backing up these files is not necessary. Those installed after the upgrade, however, will likely be lost unless you back them up.
- Backup your important files. When you uninstall Windows XP, you are going to lose file extensions, directories and a lot of other organizational and structural information. Save your important files and put them into Windows once the uninstall is complete.


text:
Dec 17, 2009
Colombian Retailer Almacenes Exito plans to issue $111m in shares to minority shareholders of fellow retailer Carulla Vivero to help finance the purchase of the...
To continue reading please take a free trial, subscribe or login below.
Please enter your login details below for access.
Subscribe now for unlimited access to all current and archive news, data and market analysis.
Take a free two-week trial now for the latest news, data and market analysis.
Free Trial
January 12, 2017 | New York, USA
The LatinFinance Deals of The Year are the region's most prestigious and rigorously ... more
February 23, 2017 | Mexico City, Mexico
From rising public deficits to stalled growth, Mexico's economy is facing critical ... more
March 29, 2017 | São Paulo, Brazil
Latin America's largest economy continues to navigate a deep recession and the loss ... more
Which area will be most profitable for investment banks in LatAm in 2016?
All material is subject to strictly enforced copyright terms & conditions and cannot be repurposed or reproduced. © 2016 Latin American Financial Publications Inc.


text: Ive downloaded "Safari download plugin" successfuly but where can I find the "~downloads" folder in my ipod touch? (pardon me for my super noobiness) This is the 2nd time ive posted this question & no one seems to be replying.... Why! Is this a trick question or will the answer be to long to post? Ahhhhhhhhhhhhh!


text:
Share < br />this article:
The Hottest Stripper Moments in Film: Salma Hayek, Jessica Biel, Natalie Portman
Barbara DeFranco
| December 19, 2012 - 3:20 pm
Share < br />this article:
View Full Size
Return to Story
Salma Hayek
Recommended for you
Here's an Update on Who Your Favorite Celebrities Are Supporting on Election Day
Salma Hayek Tells All About the Time Donald Trump Tried to Date Her
The 2016 Summer Movie Guide
Makeup-Free Monday: Salma Hayek Pretty in Pink in a #NoMakeup Selfie
Salma Hayek Shuts Down Trump's 9/11 Mixup With the Perfect Tweet
WATCH: Salma Hayek, James Corden, Ray Romano and Gary Oldman in Justin Bieber Soap Opera
Rep for 'Game of Thrones' Star Maisie Williams Responds to Topless…
Kate Middleton Wears Princess Diana's Tiara in New Family Portrait with…
WATCH: Cole Swindell Reveals the Meaning Behind 'Six Pack Lines'
Kim Kardashian and Kanye West Update: Where Kim Is Living, How Kanye Is…
A Newly-Blond Kanye West Resurfaces Following Recent Hospitalization
Sign Up For The Latest Celebuzz News
Thank you for signing up for our newsletter. You will receive a confirmation shortly.
Sign Up
Top Photos
All »
Rihanna Gets Something Stuck in Her Teeth and 24 More of the Funniest Celebrity Paparazzi Pics of the Week
This Week in Kardashian Fashion: Kourtney Rocks an All-Red Tracksuit Like No One Else Can
A Topless Kylie Jenner Straddling Tyga Leads Today's Star Sightings
Kylie Jenner Shares Adorable Video of King Cairo Taking a Bubble Bath with Daddy Tyga
Angelina Jolie Spotted Out for the First Time Since Divorce Proceedings Began
Ryan Reynolds, Nick Jonas and More Class Up the 2016 GQ Men of the Year Party
You'll Love
"Good Chance" of a 'Will & Grace' Revival
Malika Haqq's Dating a 'Jersey Shore' Alum
Watch the 'Fast 8' Teaser Trailer


text: Primus 117 - Deep Tech "Life is Good" Mix by MyPrimus Radio published on 2014-07-05T10:52:30Z 1- DNA (Yuksek Remix)- Empire Of The Sun 2- Setting Sun (Betoko Remix)- Dirty Vegas 3- Space & Love (Lello Russo Mix)- Lel'One 4- Do It Again (Issac Christopher Remix)- Royksopp, Robyn 5- Angel (Hot Since 82 Vocal Mix)- Noir, Hayze 6- Go Deep (Dave Nash Vox Remix)- Jose Maria Ramon, Thallulah 7- Lead Me Home (Original Mix)- Dan Caster 8- I Wish You Were Here Feat. Nke - John Creamer, Stephane K, John 9- Breathin' (Extended Vocal Mix)- EDX 10- Crystalised (Agoria Remix (Dixon Vocal Retouch))- Martina Topley Bird, Warpaint, Mark Lanegan 11- Before We Feat. Dina Eve (WayWork & Gebio Remix)- RoSa Project 12- Dancing People Are Never Wrong (Jan Blomqvist Remix)- The bianca Story Genre Deep House Comment by elakast Great! ! 2014/09/10 10:01:35 +0000 Comment by Fenix Madrigal great synesthesia in this one!! 2014/07/19 07:30:01 +0000 Comment by -JULIΔ- ❤ 2014/07/07 14:57:41 +0000 Comment by TECsta B) 2014/07/05 23:16:22 +0000 Comment by MyPrimus Radio @jean-paul-belmondo: Your comment is well noted! "Dancing People Are Never Wrong". Like the last song.. :) 2014/07/05 14:13:54 +0000 Comment by Jean Paul Belmondo I am sorry to say that I feel you changed the selection of your music ,and there is no comparison with the new and beaitiful old selection ,something went wrong in my humble opinion 2014/07/05 13:58:25 +0000 Comment by Jean Paul Belmondo hi glad you uploaded new mix,is been too long ,thanks 2014/07/05 13:04:40 +0000 Comment by DeepTechStar A wonderful playlist again. Thank you! 2014/07/05 12:12:02 +0000 Comment by DeepTechStar Very nice and energetic opening song! 2014/07/05 12:11:08 +0000


text:
English Grammar for Writing, 1st Edition
- Mark Honegger University of Louisiana, Lafayette
- 304 Pages
- © 2005 | Published
- College Bookstore Wholesale Price = $85.75
With many students arriving at college-level composition courses lacking a thorough grounding in grammar, English Grammar for Writing aims to support both instructors and students in addressing this gap. This text focuses on high-frequency grammar and style issues such as punctuation, passives, and parallelism. The text simplifies the technical complexity of grammar by focusing on how to teach writing and the conventions of good writing. It is based on the theory that once students know basic grammar rules and functions, they will then have the confidence and the framework to view language coherently and systematically. When that framework is in place, students can apply their grammatical knowledge to the writing assignment they encounter in their classroom.
1. Speech vs. Writing
The Most Important Technology
Writing vs. Pictures
Writing vs. Speech
Sender's Efficiency vs. Recipient's Understanding
The Differences between Speaking and Writing
Why Writing Is Harder Than Speaking
2. The Major Parts of Speech
What's a Part of Speech?
Content Words
Tests for Identification
Difficult Cases
Application to Writing
3. The Minor Parts of Speech
Some Selected Closed Classes
Application to Writing
4. Phrases: The Art of Chunking
What Are Phrases?
Classifying Phrases
5. More on Phrases
Sentence Diagrams
Counting Phrases
Diagramming Infinitive Verb Phrases and Possessive Noun Phrases
Diagramming Present Participle Verb Phrases
Diagramming Modal Phrases
Diagramming Subordinate Clauses
The Challenges of Phrase Boundaries
Application to Writing
6. Grammatical Roles: Distinguishing Identical Elements
Verb-Phrase Patterns
Identification Rules for Grammatical Roles
Application to Writing
7. Adverbials and Other Elements in the Clause
The Other Elements: Examples of Grammatical Necessity
Application to Writing
8. Passive? Tense? What's on That Verb?
More than Temporal Information
Tense-Aspect Forms
How to Tell Them Apart
Tense in Writing
Changing Voice
The Interaction of Tense with Voice
Application to Writing
9. Putting Words Together: Coordination, Subordination, and Parallelism
Punctuation for Coordination
Punctuation for Subordinate Clauses
Conceptual Parallelism
What's the Problem with Parallelism Errors?
A Note on Punctuation in Parallel Structures
Application to Writing
A Note on Some Marks of Punctuation
10. The System of Modifiers
Absolute Phrases
The Structure of Sentences with Modifiers
The Placement of Modifiers
11. Structuring Information in Writing
New and Old Information
Vague Errors
Reordering the Sentence
Placement of Modifiers
Word Choice and Intonation
12. Word Choices
The Dictionary vs. the Lexicon
Commonly Confused Words
English Spelling
Subject-Verb Agreement
Respect in Language
Gender-Neutral Language
13. The Written Standard and the Oral Varieties of English
Linguistic Diversity
The System of Black English
The System of Appalachian English
Standard English and Dialects
Descriptive vs. Prescriptive
Appendix: The Grammatical Analysis of Literature
Metrical Analysis
Grammatical Analysis of Poetry
Grammatical Analysis of Prose
All supplements have been updated in coordination with the main title. Select the main title's "About" tab, then select "What's New" for updates specific to title's edition.
For more information about these supplements, or to obtain them, contact your Learning Consultant.


text:
Click on Thumbnails to see full size images.
Please note that over time links change or are no longer online. This is known as link rot or
link decay.
As such, links may appear that were valid originally, but no longer are.
Images that the Drudge Report links to often expire
after several weeks, consequently we usually only display the original link, not the images
after serveral weeks. You can still click on the link to see if the original image is still available.
DrudgeReportArchive.com © 2016 [DMCA]
CT Inc.
Tag cloud phrases:america cuba barrier america barrier fukushima barrier update baseball diplomacy break horsepower bridge suicide crack economic cuba tries diplomacy crack economic barrier fukushima report gate bridge golden gate horsepower barrier radioactive water report radioactive suicide barrier tries baseball update funding


text:
Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
"Ryan" Exterior Wall Lantern18.66-in Wall lantern made of black aluminum and glass. Down light motion activated. 1 bulb E26/100W (not included).
Ecological Attributes
Environmental Issues
This product is eco-responsible because it reduces the impacts associated with the following environmental issues:
Click on the icons
to see why this product is eco-responsible
There are no significant environmental benefits at this stage in the life cycle.
There are no significant environmental benefits at this stage in the life cycle.
1238 Dominion Road, Fort Erie,
Ontario, L2A 1H7
Need help? Call us at
© RONA 2016, All Rights Reserved


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.
January 20, 2009
RAYMOND R.S. HEYDE, INDIVIDUALLY AND AS TRUSTEE OF THE RAYMOND R.S. HEYDE REVOCABLE TRUST, PLAINTIFF,v.GARY PITTENGER, CHAIRMAN, TAZEWELL COUNTY BOARD OF REVIEW, ET AL., DEFENDANTS.
This matter is now before the Court on Defendant Richard Brehmer's Motion for Summary Judgment and a Motion for Summary Judgment by Defendants Kristal Deininger and Jim Unsicker. For the reasons set forth below, Brehmer's Motion for Summary Judgment [#69] is GRANTED IN PART and MOOT IN PART, and the Motion for Summary Judgment [#71] by Deininger and Unsicker is GRANTED IN PART and MOOT IN PART.
The Court has jurisdiction over this matter under 28 U.S.C. § 1331, as the claims are asserted pursuant to 42 U.S.C. § 1983.
Plaintiff, Raymond R.S. Heyde ("Heyde"), is the trustee for the Raymond R.S. Heyde Revocable Trust. As trustee, Heyde holds title to residential property ("the property") located in Tazewell County, Illinois. Heyde's complaint arises out of the total taxable assessment value ("assessment") on the property. He alleges the Defendants intentionally set the assessment at levels grossly exceeding the property's fair market value in retaliation for filing complaints with the Tazewell County Board of Review (the "BOR").
In the fall of 2003, Heyde received a Notice of Assessment (the "2004 Assessment") in which the property's assessment was reported at $207,720. Subsequently, Heyde challenged said value by filing a complaint with the BOR, and the BOR thereafter decreased the assessment to $140,000.
In August 2004, Heyde received a Notice of Assessment ("2005 Assessment") in which the property's assessment was reported at $149,850. Heyde again filed a complaint with the BOR, arguing the assessment exceeded 33 1/3% of the property's fair market value. In support of his complaint, he included a January 1, 2004, appraisal of his home that placed the value of the property at $420,000; this would result in an assessment of $140,000. However, the BOR affirmed the assessment.
In January 2005, the property was appraised at a fair market value of $435,000. In September 2005, Heyde received a Notice of Assessment ("2006 Assessment") in which the property's assessment was reported at $156,776. Once again, Heyde challenged the assessment by filing a complaint with the BOR, which at that time was comprised of Defendants Gary Pittenger ("Pittenger"), Lloyd Orrick ("Orrick"), and Joe Varda ("Varda"). The BOR thereafter increased the assessment from $153,776 to $436,276, which would result in a fair market value of $1,308,828. Given the original 2005 assessment of $156,776, Heyde argues the assessment increase to $436,276 is grossly disproportionate to 33 1/3% of the property's fair market value.
Subsequent to the BOR's increase in assessment, Defendant Richard Brehmer ("Brehmer"), the Tazewell County Assessor, reported the property's assessment at $458,860. Defendant, Jim Unsicker ("Unsicker"), at the time serving as Acting Supervisor of Assessments for Tazewell County, then mailed a Notice of Assessment ("2007 Assessment") to Heyde containing the $458,860 value. In May 2007, Heyde filed a complaint with the BOR, once again arguing the assessment grossly exceeded 33 1/3% of the property's fair market value. However, the BOR, then comprised of Defendants Pittenger, Rob Paulin ("Paulin"), and Robert Kaieser ("Kaieser"), affirmed the assessment at $458,860.
In October 2007, Brehmer reported the property's assessment at $476,410. Defendant Kristal Deininger ("Deininger"), Acting Supervisor of Assessments for Tazewell County, subsequently mailed a Notice of Assessment ("2008 Assessment") to Heyde containing the $476,410 amount.
Heyde brought this action on July 6, 2007, against BOR chairman Pittenger and former BOR members Orrick and Varda. On December 14, 2007, he amended his complaint to include current BOR members Paulin and Kaieser as defendants, as well as Tazewell County assessment officials Deininger, Unsicker, and Brehmer. In his Amended Complaint, Heyde asserts that the Defendants intentionally set the property's assessment at levels grossly disproportionate to 33.33% of its fair market value and thereby deprived him of his equal protection rights (Counts I and II), conspired to violate his equal protection rights (Count III), and retaliated against him for previously exercising his right to challenge assessments (Count IV), all in violation of 42 U.S.C. § 1983. Defendants Pittenger, Orrick, Varda, Paulin, and Kaieser have previously been dismissed. The remaining Defendants have moved to dismiss this litigation as premature and for summary judgment on the merits. This Order follows.
Summary judgment should be granted where "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The moving party has the responsibility of informing the Court of portions of the record or affidavits that demonstrate the absence of a triable issue. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The moving party may meet its burden of showing an absence of disputed material facts by demonstrating "that there is an absence of evidence to support the non-moving party's case." Id. at 325. Any doubt as to the existence of a genuine issue for trial is resolved against the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Cain v. Lane, 857 F.2d 1139, 1142 (7th Cir. 1988).
If the moving party meets its burden, the non-moving party then has the burden of presenting specific facts to show that there is a genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986). Federal Rule of Civil Procedure 56(e) requires the non-moving party to go beyond the pleadings and produce evidence of a genuine issue for trial. Celotex, 477 U.S. at 324. Nevertheless, this Court must "view the record and all inferences drawn from it in the light most favorable to the [non-moving party]." Holland v. Jefferson Nat. Life Ins. Co., 883 F.2d 1307, 1312 (7th Cir. 1989). Summary judgment will be denied where a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Hedberg v. Indiana Bell Tel. Co., 47 F.3d 928, 931 (7th Cir. 1995).
Although the motion is styled in terms of summary judgment, the remaining Defendants essentially seek dismissal of this action on the grounds that Heyde's action is premature. Specifically, they argue that because Heyde's appeal remains pending before the Illinois Property Tax Appeal Board, he has not exhausted his available state remedies and his federal claims are premature. In support of this argument, Defendants cite Fair Assessment in Real Estate Association, Inc. v. McNary, 454 U.S. 100, 116 (1981).
In McNary, the plaintiff was a non-profit corporation organized by taxpayers to promote the equitable enforcement of property tax laws. Id, at 105. Plaintiff sued defendant tax assessors, supervisors, the Director of Revenue, and three members of the Missouri State Tax Commission alleging that its members had been deprived of equal protection and due process by their unequal taxation of real property. Id., at 105-06. While one member's appeal of their property tax assessment was pending, the Plaintiff filed suit pursuant to 42 U.S.C. § 1983, seeking damages for the amount of any overassessments, punitive damages, and expenses incurred in efforts to obtain equitable property assessments. Id., at 106. The Supreme Court noted:
Petitioners will not recover damages under § 1983 unless a district court first determines that respondents' administration of the County tax system violated petitioners' constitutional rights. In effect, the district court must first enter a declaratory judgment like that barred in Great Lakes [Dredge & Dock Co. v. Huffman, 319 U.S. 293 (1943)]. We are convinced that such a determination would be fully as intrusive as the equitable actions that are barred by principles of comity. . . . Taxpayers such as petitioners would be able to invoke federal judgments without first permitting the State to rectify any alleged impropriety. In addition to the intrusiveness of the judgment, the very maintenance of the suit itself would intrude on the enforcement of the state scheme. As the District Court in this case stated: To allow such suits would cause disruption of the states' revenue collection systems equal to that caused by anticipatory relied. State tax collection officials could be summoned into federal court to defend their assessments against claims for refunds as well as prayers for punitive damages, merely on the assertion that the tax collected was willfully and maliciously discriminatory against a certain type of property. Allowance of such claims would result in this Court being a source of appellate review of all state property tax classifications.
Id., at 113-14, citing Fair Assessment in Real Estate Association, Inc. v. McNary, 478 F.Supp. 1231, 1233-34 (E.D.Mo. 1979). Such actions were said to essentially operate to suspend collection of the state taxes. Id., at 115. The Supreme Court then held that "taxpayers are barred by the principle of comity from asserting § 1983 actions against the validity of state tax systems in federal courts." Id., at 116. Accordingly, taxpayers must first seek redress for any deprivation of their federal rights by available state remedies, and may ultimately seek review of the state decisions in federal court. Id.
While couched in terms of comity rather than exhaustion, the Court sees no principled basis for distinguishing the clear holding in McNary from what Heyde is attempting to do in this case, as Heyde has a means to rectify what he considers to be an unjust situation through the state processes. A taxpayer dissatisfied with a decision of the BOR is entitled to appeal that decision to the Property Tax Appeal Board. If the taxpayer remains dissatisfied, he is entitled to then seek judicial review of the decision of the Property Tax Review Board pursuant to the Administrative Procedures Act.
Alternatively, the taxpayer may file objections to the BOR's decision in the circuit court to obtain a tax refund. See Beverly Bank v. Board of Review of Will County, 117 Ill.App.3d 656, 662 (3rd Dist. 1983). In fact, the pleadings indicate that his appeal to the Illinois Property Tax Appeal Board remains pending at this time. The cases cited by Heyde in an attempt to demonstrate that he can proceed with this case are readily distinguishable from the clearly tax-based claims asserted in this case. In Beverly Bank, a state court was reviewing equal protection, due process, and discrimination claims by a taxpayer who had already transferred his case from federal court back to state court pursuant to McNary. In Hager v. City of West Peoria, 84 F.3d 865 (7th Cir. 1996), the holding specifically rested on the fact that the municipal ordinances regulating truck traffic were regulatory not tax ordinances. In Forseth v. Village of Sussex, 199 F.3d 363, 370-71 (7th Cir. 2000), the Seventh Circuit was dealing with equal protection claims in the context of a "taking" and land-use decision.
While the state remedies available to Heyde are admittedly slow-moving, this is not a sufficient reason for the Court to find that they are inadequate and allow him to bypass the state court processes and ignore the recognition of comity required by the Supeme Court. The Court therefore finds that under McNary, it is clear that Heyde must initially pursue his claims through available state remedies.
For the reasons set forth above, the portion of the Motions [#69 and #71] seeking dismissal of this action as premature is GRANTED, and the portion seeking summary judgment on the merits is MOOT. Under the clear holding of McNary, Heyde must initially pursue his claims in state court prior to seeking federal review of the state court determinations in the Supreme Court pursuant to Huffman v. Pursue, Inc., 420 U.S. 592, 605 (1975). This matter is now DISMISSED WITHOUT PREJUDICE, and all other pending motions are MOOT.
ENTERED this 20th day of January, 2009.
© 1992-2009 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