text:
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Experienced logic programmers use the procedural interpretation to write programs that are effective and efficient, and they use the declarative interpretation to help ensure that programs are correct.


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RAID 1 Recovery
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RAID 1 recovery generally recovers data from failed or corrupted RAID 1-based arrays. Typically, in such a scenario, RAID 1 recovery requires creating a block-level copy or image of each sector on each hard drive within the array. These images are used for restoring data on the array when required. In the case of recovering data from a formatted hard drive, if it has gone through a high-level format, data can be recovered, but not in the case of a low-level format.
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September 30, 1977
E. LIONEL PAVLO, Plaintiff,
CLARK F. JAMES, JR., Defendant
Plaintiff commenced this action in New York State Supreme Court, claiming that the defendant, a former employee, had breached his fiduciary duties by promoting the business of other corporations at the expense of plaintiff's business. Plaintiff is a New York resident, and defendant is a resident of Kentucky. Defendant removed the case to this court under 28 U.S.C. § 1441 (1970) and moved to dismiss the claim under Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. The court must measure the adequacy of service of process and jurisdiction under New York law. Venner v. Michigan Cent. R.R., 271 U.S. 127, 70 L. Ed. 868, 46 S. Ct. 444 (1926).
On June 2, 1977, the defendant was personally served with a summons in New York City. Under normal circumstances, of course, such personal service within the state would support in personam jurisdiction over the defendant under N.Y. CPLR § 308(1) (McKinney's 1972). Defendant argues, however, that on June 2nd, he was in New York attending an arbitration proceeding as a party witness. The arbitration was the result of an earlier action between plaintiff and defendant, and had been commenced pursuant to an order of Judge Conner of this court, enforcing an arbitration clause in the contract from which the dispute arose. As a result, defendant contends that he was immune from service of process on that date. Plaintiff disputes the assertion of immunity and further argues that, even if defendant was immune from service, he was nonetheless amenable to service under the New York long-arm statute, N.Y. CPLR § 302(a) and, consequently, service was effective.
Immunity from Service of Process
New York case law has clearly established the rule that a party or witness in voluntary attendance in a court outside of the territorial jurisdiction of his residence is immune from service of civil process while attending court and for a reasonable time before and after his appearance. See Netograph Mfg. Co. v. Scrugham, 197 N.Y. 377, 90 N.E. 962 (1910); McLaughlin, Practice Commentaries to the N.Y. CPLR § C308:6 (McKinney's 1972). One New York case has extended the immunity rule to apply to arbitration proceedings, and the plaintiff does not dispute that general conclusion. Treadway Inns Corp. v. Chase, 47 Misc. 2d 937, 263 N.Y.S. 2d 551 (Sup. Ct. 1965); see McLaughlin, supra. Rather, plaintiff contends that, because the arbitration had been ordered by Judge Conner, the defendant was not in New York voluntarily and hence is not protected by the immunity doctrine.
It is clear that the immunity rule, designed as it is to enhance the administration of judicial operations by fostering voluntary appearances of parties and witnesses, is not furthered when the defendant has been compelled to come into the state to serve as a party or witness in the first proceeding. Bunce v. Humphrey, 214 N.Y. 21, 108 N.E. 95 (1915). The New York courts have held, however, that for purposes of immunity a defendant's presence in the state is involuntary only when his absence would have subjected him either to fine or imprisonment. Barbella v. Yale, 4 Misc.2d 825, 152 N.Y.S. 2d 695 (Sup. Ct. 1956); see McLaughlin, supra. See also New England Indus. v. Margiotti, 185 Misc. 845, 60 N.Y.S. 2d 53 (Sup. Ct. 1945), aff'd, 270 App. Div. 488, 60 N.Y.S. 2d 430 (1st Dep't), aff'd, 296 N.Y. 722, 70 N.E.2d 540 (1946).
In this case, even though the arbitration proceeding which defendant attended on June 2nd was ordered by Judge Conner, the order did not compel defendant to appear personally in that proceeding. The order to arbitrate was merely one directing the submission of the dispute to the arbitrators, and defendant's appearance was not essential to the proceedings. Further, defendant would have incurred no sanction of fine or imprisonment had he not personally appeared, so long as his counsel appeared in order to proceed with the arbitration. Because defendant's appearance was not compelled or involuntary, the Court finds that he was immune from service of process when he was served on June 2nd.
Treadway Inns Corp., supra.
New York Long-Arm Jurisdiction
Plaintiff further argues that even if defendant's appearance at the arbitration proceeding does render him immune from service of process, service was nonetheless effective because defendant was subject to the long-arm jurisdiction of N.Y. CPLR § 302(a) (McKinney's 1972). It is clear that the reason for the immunity -- encouraging voluntary appearances -- disappears if a defendant is otherwise subject to the extraterritorial reach of Section 302(a). Accordingly, New York courts hold that service made on such a defendant is effective to establish in personam jurisdiction. Merigone v. Seaboard Capital Corp., 85 Misc. 2d 965, 381 N.Y.S.2d 749 (Sup. Ct. 1976); see McLaughlin, supra. See also Gardner v. United States, 246 F. Supp. 1014 (S.D.N.Y. 1965). Therefore, the ultimate question is whether defendant James comes within the scope of Section 302(a).
Section 302(a)(1) permits the exercise of jurisdiction over a defendant who "transacts" any business within the state, if those acts or transactions give rise to the claim asserted. Alternatively, Section 302(a)(2) provides jurisdiction over a defendant who commits a tortious act within the state, and Section 302(a)(3) provides similarly for a defendant who commits a tortious act outside of New York which causes injury to persons or property within the state, providing certain conditions are met. In a shotgun-like approach, plaintiff asserts jurisdiction under all three sections.
Initially, it is clear that the burden of showing the "evidentiary facts" underlying the claim of jurisdiction is on the plaintiff. Security Nat'l Bank v. Ubex Corp., 404 F. Supp. 471, 475 n.9 (S.D.N.Y. 1975); Lamarr v. Klein, 35 A.D.2d 248, 250, 315 N.Y.S.2d 695, 697 (1st Dep't 1970), aff'd mem., 30 N.Y.2d 757, 333 N.Y.S.2d 421, 284 N.E.2d 576 (1972). Plaintiff's complaint alleges that prior to December, 1973, defendant was employed by plaintiff and was "in charge of plaintiff's business in the states of Kentucky and Indiana." During his period of employment, defendant allegedly breached various fiduciary duties owed to plaintiff by "secretly creating corporations to compete with the plaintiff". As a result, plaintiff claims that defendant wrongfully received paychecks from plaintiff, and further, that plaintiff's business suffered loss of business and profits. The complaint alleges no other specific acts or transactions from which the claim arises.
Supplementing his complaint, plaintiff filed an affidavit stating that defendant was in charge of plaintiff's Kentucky "branch office", that defendant had frequent telephone conversations and exchanged correspondence with plaintiff in New York, and that defendant "came to New York on business connected with his employment." Plaintiff makes no further averments of specific transactions occurring in New York, nor does he elaborate on the purposes or circumstances of any of defendant's alleged visits here.
Defendant, in his supporting affidavit, states that he agreed to work for the plaintiff after an interview in Kentucky (with the agreement entered into in that state), that defendant did no work on any New York projects for plaintiff, and that whatever trips he made to New York during that period were unrelated to any of the claims now asserted by the plaintiff.
Based on these facts, the plaintiff has not met his burden of establishing a basis for jurisdiction under Section 302(a)(1). Plaintiff makes no assertions of specific transactions occurring in New York in which defendant participated, or how such transactions, if they existed, would relate to his instant claim for damages. Such a showing of acts occurring in New York and giving rise to the claim is necessary under Section 302(a)(1). Fontanetta v. American Bd. of Internal Medicine, 421 F.2d 355 (2d Cir. 1970); see McShan v. Omega Louis Brandt et Frere, S.A., 536 F.2d 516 (2d Cir. 1976). The bare conclusory allegation of use of the mails and telephones to communicate with a plaintiff in New York, especially when no link is alleged between the communications and the cause of action, is not sufficient. See Stanat Mfg. Co. v. Imperial Metal Finishing Co., 325 F. Supp. 794 (E.D.N.Y. 1971); Perlman v. Martin, 70 Misc.2d 169, 332 N.Y.S.2d 360 (Sup. Ct. 1972).
Plaintiff's arguments under Sections 302(a)(2) and 302(a)(3) are equally unconvincing. Under 302(a)(2), plaintiff must allege tortious conduct occurring in New York which gives rise to his cause of action. As set out above, plaintiff does not allege any specific acts of defendant occurring in the state, and for that reason, jurisdiction under 302(a)(2) cannot be sustained.
Finally, plaintiff's reliance on Section 302(a)(3) is also unsubstantiated. He alleges that the fraud committed by defendant injured his business and profits, and as such, should be characterized as tortious conduct outside of New York which injured "[persons] or property" within the state. It is clear, however, that such an allegation of domestic injury is insufficient to satisfy 302(a)(3). In Lehigh Valley Indus., Inc. v. Birenbaum, 527 F.2d 87, 94 (2d Cir. 1975), the court reaffirmed an earlier holding that a simple allegation of loss of business or profits, "which occur in New York only because plaintiff is domiciled or doing business here," does not satisfy Section 302(a)(3). In American Eutectic Welding Alloys Sales Co. v. Dytron Alloys Corp., 439 F.2d 428, 433 (2d Cir. 1971), the court referred to the sound opinion of Judge Weinstein in Spectacular Promotions, Inc. v. Radio Station WING, 272 F. Supp. 734, 737 (E.D.N.Y. 1967), in which that court analyzed the situs of such commercial injury:
"In determining the situs of an injury resulting from an act of unfair competition for jurisdictional purposes . . . there are three possibilities worth considering: (1) any place where plaintiff does business; (2) the principal place of business of the plaintiff; and (3) the place where plaintiff lost business. For the purposes of a jurisdictional statute such as New York's, the first can be rejected almost out of hand; the second has slight merit; and the third seems most apt."
In the instant case, plaintiff alleges that the commercial injury he suffered was the direct loss of business in Kentucky and Indiana, due to defendant's unfair and secret competition there. The fact that lost business there may have remotely affected plaintiff's overall business cannot be sufficient to establish the necessary injury in New York to sustain the exercise of jurisdiction here.
In sum, plaintiff has not successfully carried the burden of showing the necessary contacts of defendant with New York. This Court will not exercise jurisdiction under the New York long-arm statute upon mere conclusory and indiscriminating allegations of New York transactions by a defendant, especially in light of the new caution currently being portrayed in measuring the constitutionality of assertions of extra-territorial jurisdiction in general. See Shaffer v. Heitner, 433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977).
Therefore, it is hereby ordered and decreed that this action is dismissed for lack of jurisdiction over the defendant.
Gerard L. Goettel / U.S.D.J.
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Thread: Colocation VS Dedicated
11-07-2013, 11:44 PM #1WHT Addict
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Colocation VS Dedicated
I'm just curious why many provider give colocation and dedicated server with same price or just little bit different.
Dedicated should be more expensive because they rent the server and space on the rack.
Do you have any answer for it?
11-08-2013, 01:23 AM #2Aspiring Evangelist
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The colo should be cheaper because you buy the hardware.
Regardshttp://www.windowshostingasp.net/ - Windows Web hosting information and resources.
11-08-2013, 01:30 AM #3Web Hosting Master
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First off, a $800 server is only $17/month over 4 years. The largest cost factors in a datacenter are power and labor.
Generally, it's a larger pain for the provider to setup and manage colo clients. The manpower costs of dealing with colo clients is just as much as buying the server. A lot of time, there are hidden expenses along the way that the colo client doesn't account for that the DC might just absorb.
I'd much rather manage a rack of 42 servers that I own than 42 individual colo clients servers in the same rack.
Last edited by Encrypted; 11-08-2013 at 01:33 AM.█ NEPA Fiber
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11-08-2013, 10:22 AM #4Junior Guru Wannabe
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The most expensive part of both services is the professional IT environment: power, cooling, backup power, blended internet.
It depends on how many U you purchase when comparing the price. If you're just looking for a couple U, you don't achieve any economies of scale using their environment. Normally, you have to purchase at least a half rack to start saving in colo vs dedicated. This break even is from the client's perspective, BTW.
11-08-2013, 10:46 AM #5Newbie
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Colocation is not the same as renting dedicated server. Please check this: http://www.colocationspace.net/colocationdedicated.cfm it might help you.
There are many variables that go into pricing for both colo and dedicated. All specs being equal, your monthly bill on colocation will usually be cheaper since you are only paying for power & pipe rather than power, pipe and hardware. That being said, there are plenty of circumstances where colo can cost more per month.
Example 1- You want a server with unmetered bandwidth. The way bandwidth is billed with colo is often at 95th percentile and each Mbps costs anywhere from $1-$65+ depending on which data center you are looking at. I can assure you that you can rent a dedicated with 100Mbps or 1Gbps unmetered for less than $65 per Mbps usage.
Example 2- You want to colo some white box tower server that takes up 4U of space. Even though it has the same guts as a 1U server you can rent for $99 it may cost you more to colo because it takes up more real estate in the data center.Steve Eschweiler- Hivelocity- Director of Operations
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11-08-2013, 11:54 AM #7Web Hosting Guru
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renting server is better than colo i think. colo have so many xtra problems.
11-08-2013, 12:53 PM #8Junior Guru
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Colo is better is you have a POWER SERVER.
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11-08-2013, 01:18 PM #9Junior Guru Wannabe
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It is best to Rent a dedicated server instead of COLO, colo have some dis-advantages.
11-08-2013, 02:17 PM #10Web Hosting Master
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11-08-2013, 02:56 PM #11Junior Guru Wannabe
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for dedicated servers rental, you're renting a machine individually to use; you do not own these machines. While co-location, you're renting the space (rack, circuit, network, etc.) to place your own machines.
co-location you're looking at a few hundreds to over a thousand a month on rental alone, with no servers. co-location will save you on cost if you have; or am yourself, a professional IT that can take good care of your servers.:::Psychz Networks:::
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11-08-2013, 08:17 PM #12Temporarily Suspended
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depends what your trying to do, and how deep is your pockets.
need speed then is best build up your server and go colo, a good dedicated server with good pipe will cost you
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Pete Rose's Unofficial Reinstatement Into Baseball Begins
Pete Rose will make his appearance on Fox Sports as an analyst for the first time since signing with the network in April.By Matt Moreno | May 11, 2015
Some will see him as just another sports analyst, but Pete Rose's appearance on Fox Sports Monday will likely be a monumental one.
Monday will kick off Rose's sort of unofficial reinstatement into baseball.
The all-time hits leader is scheduled to appear on Fox Sports' for a segment at 5 p.m. EST and again for an hour long show starting a 7 p.m., his first appearances as an analyst since signing with the network in April.


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TECHNOLOGY SPECTATOR: Telstra's avoidable copyright gaffe
Telstra had similar technology to that offered by Optus' TV Now in its research labs a decade ago, so why did it sign a $153 million AFL contract?
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Best Fishing Times: 12:00AM to 2:00AM, and 12:35PM to 2:35PM
Alternate Fishing Times: 6:12AM to 8:12AM
Fishing North Fork Swift River, AK on 12/8/2016 will be best from 12:00AM through 2:00AM, and from 12:35PM to 2:35PM. If those times won't work for you, 6:12AM to 8:12AM looks promising. Remember to adjust these times based on barometric pressure, and weather changes.


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Very good hotel. Good for sightseeing with easy access to train stations. Clean hotel facilities. Fair breakfast prices. Professional service.
Guest Review Highlights
- Great location
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How to Clear Previous Searches on MSN
As you search the Web using the MSN.com or Bing.com search engines, your recent searches are automatically displayed on the left side of every search result page, even if you are not logged in to your Windows Live account. On a computer used by others, this can create a situation in which your privacy is compromised, because the next person who uses MSN or Bing will see what you searched for online. If you search the Web using MSN or Bing, clear your previous searches periodically to prevent others from accidentally intruding on your privacy.
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Guard At Buckingham Palace Slips And Falls, This May Be A First [OMG VIDEO]
Have you ever seen a guard at Buckingham Palace slip and fall? Of course you haven't...until now!
Have you ever seen a guard at Buckingham Palace slip and fall? Of course you haven't...until now!
Larry Breaux claims that someone is trying to deprive him of his privacy by filming his home with a drone, and he took matters, and his shotgun, into his own hands.
If you have ever wondered why items in your luggage are broken after a flight, this machine makes it obvious.
The freshmen men's crew team at Washington University in St. Louis went out to practice the other day. The rowers thought they had the water all to themselves, but, boy, were they wrong.
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A Buenos Aires judge has issued a warrant for Justin Bieber's arrest, stemming from an incident that took place in November 2013.
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If you survived the brutally cold winter we're still trying to get over, then you know how powerful Mother Nature can be. Not that you needed it, but here's another reminder.
Who says patriotism isn't cool?


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Find your new home in South Dennis, NJYou are viewing homes 1 to 2 of 2 homes for sale
{"ListingID":"0x11876873E505704E5D36B3491B42D1D0","StreetAddress":"83 W Beaver Drive","StreetAddressFull":"83 W Beaver Drive, South Dennis, NJ","Price":"$80,000","PriceDisplay":"$80,000","PriceForMap":"$80,000","Bedrooms":"0","Bathrooms":"0","Prop_BedsBaths":"","HalfBathrooms":"0","PropertyType":"Other","Latitude":"39.163040","Longitude":"-74.795662","Distance":5407.4900404265,"Thumbnail":"http:\/\/propertyimage.leadingre.com\/9552\/0x11876873E505704E5D36B3491B42D1D0\/1_thumb.jpg","Href":"\/listingdetails\/usa\/nj\/south-dennis\/83-w-beaver-drive-08246_0x11876873e505704e5d36b3491b42d1d0\/"}
{"ListingID":"0x34BAF797B3DA098F57DBBE3089B5C7EA","StreetAddress":"77 W Beaver Drive","StreetAddressFull":"77 W Beaver Drive, South Dennis, NJ","Price":"$65,000","PriceDisplay":"$65,000","PriceForMap":"$65,000","Bedrooms":"0","Bathrooms":"0","Prop_BedsBaths":"","HalfBathrooms":"0","PropertyType":"Other","Latitude":"39.162964","Longitude":"-74.795486","Distance":5407.4798599005,"Thumbnail":"http:\/\/propertyimage.leadingre.com\/9552\/0x34BAF797B3DA098F57DBBE3089B5C7EA\/1_thumb.jpg","Href":"\/listingdetails\/usa\/nj\/south-dennis\/77-w-beaver-drive-08245_0x34baf797b3da098f57dbbe3089b5c7ea\/"}
Learn more about homes in South Dennis, NJ
South Dennis Home inventory breakdown by property type
Of the 2 homes for sale in South Dennis, the breakdown of property types
is as follows:
100% Other.
100% Other
Area details, home facts and figures
Homes for sale 2
Average Home Size 0 ft² / 0 m²
Price Range ($65,000 - $80,000)
Information from in and around South Dennis...
You are Viewing 1 to 2 of 2 homes for sale in South Dennis. These homes are comprised of Other. The average list price of these property results is 72,500. Prices are displayed as US Dollar. For more information on these homes for sale in South Dennis please contact our member brokerages to schedule a showing or view an open house.
The 2 homes for sale in South Dennis, NJ are represented by 1 member brokerages serving the South Dennis area. Member brokerages representing the 2 homes include Long & Foster Real Estate Inc. .


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Investment bank Morgan Stanley said Monday it signed a letter of intent to sell up to 20 percent of the company to Mitsubishi UFJ Financial Group Inc.
Financial terms of the deal were not disclosed. If the deal is completed, the price would be based on Morgan Stanley's book value after Japan's largest bank completes a due-diligence review. The letter of intent signed by both banks is nonbinding.
- Wire reports
© 2016. All Rights Reserved. | Contact Us


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Electronics retailer hhgregg found boundless opportunities for expansion as recession-era closures spurred better deals on attractive locations. The chain, which had been growing slowly and steadily until the downturn hit, opened about 24 stores during the past year and plans as many as 45 additional locations in the coming year.
Full Story:Sun (Baltimore), The


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Repairs & Servicing
Get our expert mechanics to service or repair your bike. Bring your bike in and we can give you a quote.
We can now accept electronic transactions for our services! Last week, we installed a new till in the workshop and it is making payments easier and faster and it even does contactless cards. Wow. Cool!
Greetings all, We are no longer opening the workshop for Fix Your Own Bike Sessions on Wednesday evenings. It will still be open on the second Saturday of each month. Please ensure you book your place prior. By limiting the Open Workshop to once a month, we hope to concentrate…
Our Basic Bike Maintenance courses have become increasingly popular of late. The next three courses have sold out, so we've scheduled another one on Saturday Nov 19th. See Our Eventbrite or Facebook pages to course info and online bookings.
Nottingham Bikeworks delivers many courses, the BMX course is one of our faves. A week long course where the participants strip, clean, re-spray and build back up a BMX and get to keep the bike they build. This Video is from an ongoing project with the Refugee Forum Nottingham.
Free Open Workshop at Nottingham Bikeworks Ayr St Workshop Saturday 16th July – 11am to 4pm As part of the Big Bike Revival Campaign we are offering a free Open Workshop on Saturday the 16th of July. Come and fix your own bike in our fully equipped worshop, we have…
The mechanics have been uber-busy this week refurbishing and servicing bikes for sale. Check out the new offerings on our Recycled Bike Sales page.
Our new programme of Bike Maintenance Courses is now up and running. Covering all Nottingham Bikeworks courses on offer until July from basic to advanced, general to specific, evening to full day, we have something to suit everyone. For further details and how to book go to our Eventbrite page.
We ugently need donated bikes to support our various community activities. So, if you have any old neglected bikes lying about at home, please get in touch (0115 979 2433). It's best if you can deliver to us, but we can also arrange collection.


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ODHIN Project Documents ( 65 Files )
Please log in to see all available ODHIN project documents.
- ODHIN Publications - scientific papers and eReaders from the project.
- e-Guidance
- eReaders
- Frontiers in Psychiatry- Special issue: Brief interventions for risky drinkers
- Technical reports and deliverables - Periodic reports, deliverables and milestones reports
- ODHIN factsheets
- ODHIN presentations
- ODHIN RCT datasets


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Community Events
Blood drive
Library, 1-7pm. All donors receive one free movie ticket. 845/856-7313.
Fundraising dinner
Friends of Liberty Library presents "Dinner with Friends" at SCCC, 6:30pm, $30. Cash bar. RSVP: 845/292-6070.
Johnny Cash tribute
Tribute to the Man in Black by Michael Patrick's Ring of Fire Band at Milford Theatre, 8pm, $20 advance, $25 day fo show. MilfordTheatre.com
Wing & chili taste-off
Contest during Harvest & Heritage Days (10/8) for area restaurant owners, non-profits & private individuals. Enter by 9/7: 570/253-5492, 253-6363 or 253-8994.
Mystery dinner theater
"Murder at the Pie Auction" at United Methodist Church, 7pm, $20. RSVP: 570/828-9725 or 828-2288.
Harvest festival
Vendors, live performances, corn & hay mazes, pony rides & more at Bethel Woods, 11am-4pm, parking lots open 10:30am, free admission ($2 parking fee).
Recovery Center alumni picnic
DeHoyas Park, 11am-4pm. 845/794-8080, ext. 150, 122 or 191.
Harvest festival
Vendors, music, food, prizes & more on Main St., 9am-3pm.
Breakfast buffet & bake sale
Central Vol. Fire Co., 8:30-11:30am, adults $7, children $3.50, under age 5 free.
Mum sale
Held by Milford Garden Club, pre-order only: in red, bronze, yellow, rust, white & purple (8-inch pot: $10, 3/$25, 4/$30 & 14-inch pot: $20). Pick-up 9/15, 9am-noon at Remembrance Place. 570/686-2168 or 491-5663.


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Reviewed by: Adam M, October 2016
Was so tacky but so much fun!
Reviewed by: Karyn D, September 2016
An entertaining way to learn a little history.
Reviewed by: Einav K, August 2016
Loved it. Will come again.
Reviewed by: Lisa S, August 2016
My brother and I thought it was fun and entertaining! Overall, a great experience!
Reviewed by: Margaret B, July 2016
It was great fun! My 17 year-old daughter and I both enjoyed it.
Reviewed by: Miam, June 2016
Not scary as i thought but very entertatining! Funny! Wait till the end... Loved this!
Reviewed by: pipki, June 2016
This was fantastic. loved every minute of it. it was like interactive theater. the actors tried to get everyone involved and did a fantastic job. we learned a lot about the death in old London either by the way of disease or the touch of a human violent bunch not for anyone under the age of 12.


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- Los Lagos Region, Palena Province, Chile
Yelcho Lake is a fjord-shaped lake located in the southern Los Lagos Region, in the Palena Province, Chile. Its outlet is a river of the same name, which flows north-west and empties into Gulf of Corcovado, near Chaitén. The lake is fed by the Futaleufú River. The Carretera Austral runs along its north-western shore.
Favorite photos
Here's the our members favorite photos of "Lakes in Chile". Upload your photo of Yelcho Lake!
Book a room
Cecilia Baudrand is the only Touristlink member to visit Yelcho Lake. Have you been here? Click here to save it.
Love lakes? Check these out;
- Lake Caburgua
- Llanquihue Lake
- Rupanco Lake
- Del Toro Lake
- O'Higgins Lake
- Todos los Santos Lake
- Laguna Miscanti
- Huishue Lake
- Lake Colbun
Lakes in Chile
- Laguna Capri
- Laguna Colorada
- Laguna Torre
- Argentino Lake
- Lake Maracaibo
- Lake Caburgua
- Neltume Lake
- Caburgua Lake
- Panguipulli Lake
- Tinquilco Lake


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Marina View on Orcas Island
From $295 / night
Description from the manager
Description from the manager
Bedrooms: 1/
Bathrooms: 1/
Sleeps: 3/
Type: Cottage
Book this 1 bedroom, 1 bathroom cottage in Deer Harbor today! A total of 3 people can sleep here comfortably.
Guests can enjoy a outdoor grill and internet access among other amenities offered by this rental.
Travelers are sharing their opinions on this property. It has an overall rating of 5/5 thanks to an average of 9 reviews.
Costs vary, with the average weekly rate as low as $1,600.00, depending on travel dates.
The owner last updated the property's calendar today.
About the manager
About the manager
Vacation Doorways
Vacation Doorways
- Response rate: n/a
- Response time: n/a
- Calendar updated: today
Overall rating:
4.7 / 5.0
Proximity to TripAdvisor's Top Deer Harbor Attractions
Proximity to TripAdvisor's Top Deer Harbor Attractions
Reviews (9)
Also consider
- FlipKey has rentals in over 11,000 destinations around the world:
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Executive Oasis near the Las Vegas Strip!
From $99 / night
Description from the owner
Description from the owner
Bedrooms: 1/
Bathrooms: 1/
Sleeps: 4/
Type: Apt. / Condo
Book this 1 bedroom, 1 bathroom apt. / condo in Las Vegas today! A total of 4 people can sleep here comfortably. This property has been booked 7 times.
Guests can enjoy a pool, hot tub, and air conditioning among other amenities offered by this rental.
Travelers are sharing their opinions on this property. It has an overall rating of 5/5 thanks to an average of 2 reviews.
Costs vary, with the average weekly rate as low as $690.00, depending on travel dates.
The owner responds to 100% of inquiries and last updated the property's calendar today.
Proximity to TripAdvisor's Top Las Vegas Attractions
Proximity to TripAdvisor's Top Las Vegas Attractions
Reviews (1)
Also consider
- FlipKey has rentals in over 11,000 destinations around the world:
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People tend to check in during these times:
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Famous Birthdays
Actress who gained recognition as Sophie Martinez on Cory in the House, and played a football star's long-lost daughter in the 2007 film, The Game Plan. She received additional fame for her roles in Jake and the Never Land Pirates and Life with Boys.
Madison Pettis Popularity
Madison Pettis Popularity
# 602
Most Popular Person
# 2
Born on July 22
# 18
Movie Actress
# 26
18 Year Old
# 26
Born in Texas
# 2
Person Named Madison
# 1
Born in Arlington, TX
# 7
Cancer Actress
Madison Pettis Fans Also Viewed
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Movie Actor
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TV Actor
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Madison Pettis Is A Member Of
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Rankings are based on boosts and other user activity.


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Check in from 14h / Check out prior to 12h
Americas Best Value Inn Gettysburg: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Gettysburg, United States.
Located in Gettysburg, the hotel is a short walk from Cyclorama Building at Gettysburg and features a Jacuzzi, a swimming pool and an outdoor pool. It is conveniently positioned for those wishing to sightsee in the area.
Hotel description
Americas Best Value Inn Gettysburg features spacious rooms equipped with heating, a hair dryer and cable/satellite channels. Guests can unwind in the homely living area.
Guests can wake up to breakfast served every morning at the hotel.
Situated just a 10-minute walk from Americas Best Value Inn Gettysburg is Dobbin House Tavern. Mount Saint Mary's University is only a short car ride from the hotel.
Hotel features
Air Conditioned, Cable / Satellite TV, Hair Dryer, TV, En suite, Private Bathroom, Vending Machines
Elevator / Lift, 24 Hour Reception, Conference Room(s), Wake-up Service, Meeting Rooms
Swimming pool, Golf Course, Bath / Hot Tub, Jacuzzi, Pool Outdoor
High-speed Internet, Internet Connection (wireless)
Private Toilet
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Americas Best Value Inn Gettysburg also viewed these 2 stars Gettysburg hotels:
Econo Lodge Gettysburg
983 York Road, Gettysburg
983 York Road, Gettysburg
Federal Pointe Inn
75 Springs Avenue, Gettysburg
75 Springs Avenue, Gettysburg
Battlefield Bed & Breakfast Inn
2264 Emmitsburg Rd, Gettysburg
2264 Emmitsburg Rd, Gettysburg
Search hotels
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This item is no longer available for purchase.
The Weber Original Kettle 18" Charcoal Grill brings you back to a simpler time. It's just you, a hot flame, and a perfectly designed kettle grill to turn your food into a delectable smoky meal.
The Weber Original Kettle is bare-bones charcoal grilling, providing just the essentials at the highest quality. This simple yet effective grill is constructed from durable Porcelain Enamel to withstand years of exposure to the outdoor elements. A 240 sq. in. stainless steel cooking grate will provide many years of service while absorbing delicious flavors, so the more you use your Weber Original Kettle, the better the taste. It also features rust-resistant aluminum dampers to allow you to properly regulate airflow for consistent cooking results. After a successful cook out, simply slide the One Touch Cleaning System handle to release the ash into an aluminum ash catcher for easy clean up.
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Tag cloud phrases:abuse allegations allegations against allegations evidence allegations james allegations juanita broaddrick praises distracted driving files reveal james deen juanita broaddrick nominations despite out clinton porn oscars praises trump probe distracted rape allegations reveal allegations speaking out textalyzers probe trump speaking


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Curry Chicken Wraps with Nectarine Chutney
fat free yogurt, curry powder, lime juice, boneless skinless chicken breast halves and 15 more
Peach-Glazed Chicken with Peach-Studded Bulgur
water, bulgur, canola oil, white wine vinegar, chopped fresh thyme and 10 more
Ginger Peachy Tea Shake
Lipton Tea
Lipton Lemon Iced Tea Mix, peaches in light syrup, low-fat vanilla yogurt and 3 more
Peach Ginger Muffins
I Adore Food!
ginger, ginger, peaches, unsalted butter, honey, oat flour, all-purpose flour and 11 more
Peach and Berry Cobbler
Kalyn's Kitchen
whole wheat pastry flour, baking powder, ground ginger, salt and 11 more
Texas Ginger Peach Tart with Pecan Crust
pecans, whole wheat flour, turbinado, unsalted butter, salt, cream cheese and 4 more
Moroccan Salmon with Nectarine Couscous
Clean Eating
paprika, ground cumin, ground ginger, ground cardamom, ground black pepper and 8 more
Peach Ginger Muffins
Annie's Eats
peaches, unsalted butter, honey, fresh ginger, oat flour, all-purpose flour and 11 more
Micro-Brewery Honey Whole-Wheat Bread with Ginger Peach Butter
Princess Tofu
Amber Ale, beer, orange juice, honey, butter, whole wheat bread flour and 4 more
Peach, Rhubarb & Ginger Crisp
Eating Well
peach slices, rhubarb, light brown sugar, crystallized ginger and 8 more
Ginger Peach Muffins
Chubby Soul
fresh ginger, peaches, unsalted butter, honey, oat flour, flour and 11 more
Ginger Peach Oat Bars
The Lean Green Bean
butter, brown sugar, eggs, cinnamon, ginger, vanilla extract and 5 more
Ginger Peach Tea Biscuits
I love my food
nonstick spray, flour, whole wheat flour, sugar, black tea, baking powder and 6 more
Peach Melba Crisp with Gingersnap Streusel
raspberries, peaches, candied ginger, whole wheat flour, brown sugar and 3 more
Ginger Peach Mini Pies + Coconut Crust
Meats and Sweets
whole wheat pastry flour, light brown sugar, salt, coconut oil and 7 more
Ginger Soy Tenderloin With Grilled Peaches And Figgy Ginger Bulgar
A Well Fed Life
tenderloin, peach slices, ginger, fish sauce, rice vinegar, soy sauce and 10 more
Ginger Peach Muffins
Where your treasure is
sprouted whole wheat flour, sucanat, baking powder, baking soda and 8 more
Fresh Peach Scones
Serious Eats
all-purpose flour, whole wheat pastry flour, baking powder, ground ginger and 8 more
Cardamom Ginger Peach Crumble (Gluten-Free)
Kitchen Stewardship
peaches, ginger, cinnamon, cardamom, flour, cane sugar, sucanat and 9 more
Peach and White Chocolate S'mores with Ginger Grahams
Peanut Butter and Julie
whole wheat flour, all-purpose flour, ground ginger, ground cinnamon and 11 more
Mini Ginger Peach Cobbler Bread with Coconut Glaze
Light Orange Bean
active dry yeast, sugar, Silk Original Soymilk, ground flaxseed and 11 more
Southern Peach Streusel Bars
Joy of Kosher
peaches, granulated sugar, lemon juice, corn starch, vanilla extract and 10 more
Harvest Moon Pies
peaches, dates, organic cane sugar, sake, ginger, lemon zest and 14 more
Peach Crisps
Cookie and Kate
peaches, rolled oats, whole wheat flour, turbinado, cinnamon and 6 more
Ginger Cake with Caramel-Apple Topping
Betty Crocker
yoplait, fat, Gold Medal Whole Wheat Flour, Gold Medal All Purpose Flour and 10 more
Healthier Whole Wheat Peach Crumb Bars
peaches, orange juice, orange zest, white sugar, brown sugar and 12 more
Blackberry-Peach-Sage Crisptacular
butter, fresh sage, granulated sugar, brown sugar, kosher salt and 8 more
Spiced Peach Pancakes
Une-deux senses
whole wheat flour, cake flour, sugar, baking powder, baking soda and 10 more
Healthy French Toast Bake with Peaches and Almond Streusel {Whole Wheat}
Food Faith Fitness
whole wheat bread, eggs, liquid egg whites, unsweetened vanilla almond milk and 13 more
C's Blueberry and Peach Buckle
Dispatches from the Castle
peaches, blueberries, all-purpose flour, baking powder, salt and 10 more
Simple Vegan Peach Crisp
The Frost Vegan
peaches, maple syrup, cinnamon, ginger, allspice, water, whole wheat flour and 3 more
Healthier Peach Crumb Bars
STL Cooks
peaches, orange juice, orange zest, white sugar, brown sugar and 12 more
Grilled Korean BBQ Short Rib Dogs w/Sweet Peach Relish + Spicy Korean Slaw.
Half Baked Harvest
bone-in short ribs, brown sugar, soy sauce, water, mirin, green onions and 23 more
Vegan Cinnamon Peach Coffee Cake
Green Girl Eats
almond milk, apple cider vinegar, sugar, coconut oil, vanilla extract and 13 more
Crunchy Garlic Tofu Wraps with Peach and Kimchi Slaw
Chef De Home
tofu, red pepper, chili paste, canola oil, garlic, ginger, sesame oil and 10 more
Peaches and Cream Baked Oatmeal
Cooking With Carlee
oatmeal, whole wheat flour, brown sugar, ground ginger, ground cinnamon and 8 more
Cinnamon Vanilla Granola
cereal, quick oats, chopped almonds, sesame seeds, light brown sugar and 7 more
Healthier General Tsos
Half Baked Harvest
whole wheat flour, panko breadcrumbs, low-fat buttermilk, boneless skinless chicken breasts and 14 more
Pork and Peach Kabobs with a Teriyaki Glaze
100 Days of Real Food
boneless pork tenderloin, peaches, purple onion, butter, wheat flour and 6 more
15-Minute Chicken and Peaches
Meal Diva
boneless skinless chicken breasts, peaches, olive oil, whole wheat flour and 4 more
Zucchini Peach Bread
Brooklyn Homemaker
large eggs, vegetable oil, vanilla extract, sugar, zucchini, peaches and 10 more
Easy Energy Bars
Good Foor Stories
rolled oats, wheat germ, wheat flour, almonds, pecans, dried apricot and 18 more
Blackberry Peach Oat Bran Muffins with Chia + Flax {vegan & gluten free}
Ambitious Kitchen
pure maple syrup, chia seeds, unsweetened almond milk, pure vanilla extract and 15 more
Blackberry Peach Oat Bran Muffins with Chia + Flax {vegan & gluten free}
Ambitious Kitchen
pure maple syrup, chia seeds, unsweetened almond milk, pure vanilla extract and 15 more
Brûléed Peach Cornmeal Pancakes
Sweet Cayenne
whole wheat white flour, yellow cornmeal, brown sugar, baking powder and 12 more
Peaches and Cream Crostata
A Kitchen Addiction
peaches, sugar, cinnamon, ginger, lemon juice, flour, cream cheese and 11 more
Peach Oatmeal Muffins
Six Sisters' Stuff
all-purpose flour, sugar, salt, baking powder, baking soda, cinnamon and 8 more
Peaches & Cream Baked Oatmeal
$5 Dinners
quick-cooking oats, brown sugar, whole wheat flour, ground ginger and 7 more
Glazed Peach Streusel Muffins
Art of Natural Living
eggs, peach yogurt, butter, vanilla extract, brown sugar, all-purpose flour and 13 more
Healthy Apple Peach Cake
The Clean Eating Couple
whole wheat pastry flour, oat flour, baking powder, baking soda and 11 more
Spiced Peach Bread
Art of Natural Living
coconut oil, sugar, vanilla, eggs, fruit juice, whole wheat pastry flour and 8 more
Peach Quinoa Muffins
Recipe Runner
quinoa, whole wheat pastry flour, coconut sugar, baking powder and 14 more
Whole-grain Blackberry Crumble
Eat Smarter
sugar, wheat flour, ginger root, salt, butter, peaches, blackberries and 2 more
Pumpkin And Peach Muffins
Eva Bakes
whole wheat flour, sugar, pumpkin pie spice, baking soda, salt and 8 more
Whole Wheat Spiced Applesauce Bread
Food in Jars
softened butter, peaches, brown sugar, eggs, applesauce, whole wheat pastry flour and 6 more
Peach Chocolate Eggless Brownies
My Ginger Garlic Kitchen
vegetable oil, brown sugar, vanilla extract, white vinegar, wheat flour and 9 more
Blueberry Peach Upside-Down Cake
Kevin Is Cooking
egg whites, whole wheat flour, baking powder, orange zest, ground ginger and 9 more


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Trending topics: When cops come in the nick of time
By PoliceOne Staff
Police face danger every day, but one of the most heroic aspects of the job is when cops put themselves in danger for the sake of saving others. Cops – on-duty or off – encounter these situations every day. These five videos highlight some of the hair-raising close calls both the police and the people they're saving have experienced during a rescue.
Texas cop rescues woman seconds before train hits them
As the officer approached, the lights warning of an oncoming train activated — allowing him very little time to act.
Ga. cops rescue man from blaze after pursuit, crash
A suspected car thief was rescued by officers after the vehicle he was driving caught on fire during a pursuit.
Boston cop saves suicidal man from tracks
A Transit police detective stopped a man from jumping on the tracks at the MBTA Park Street Station.
Off-duty officer rescues driver in gas station explosion
Officer was getting gas when an elderly man's car slammed into another vehicle and a pump, causing a massive fire.
Fla. deputies rescue suicidal man from bridge
Three Pinellas County deputies are being credited with a rescue of a young suicidal man who was on a railing.
Recommended for you
New Orleans officer dies from injuries sustained over 15 years ago
Police: License-less driver topped 100 mph before killing 3 in Pa. pursuit
Video: Out-of-control cruiser in Pa. police pursuit nearly hits kids
Join the discussion
PoliceOne top 5
- 84-year-old cop retires after 61 years on force
- Wash. officer shot multiple times during domestic call dies
- Retired RI cop helps Fla. trooper under attack
- Police: Marksman fatally shot Wash. cop killer who was using child as shield
- Photo: Son of slain Mo. cop receives teddy bears made from dad's uniform


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View fro the top of Hambledon Hill.
Hambledon Hill View
Posted by Andy Bell on 14 September 2011 | 4 Comments
Looks like bad weather is approaching.
It was extremely windy!
nice picture!
Handsome 'big view'.
Hambledon Hill View on flickr
- Views: 492
- Comments: 1
- Favorites: 2


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|Your item has been added to wish list
LED pendant AC7065
Order in store
Order online
Height4.50 inches
Width31.00 inches
Total height0.00 inches
Light bulbs
The Pendulum collection features a frosted / clear
glass held by a chrome plated frame and has a
counter weight for height adjustment.
LED bulb included (22,5w total, 1800 Lumens).
Dimmable with electronic dimmer.


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With elevated open views and a good sized plot, this five bedroom detached house offers family sized accommodation with some admirable features throughout. believed to have been built…
Thinking of selling or renting your property?
Get a instant valuation today!
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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.
May 7, 2012
LEATHAN RENFROW, PETITIONER,v.J. A. YATES, WARDEN, PLEASANT VALLEY STATE PRISON, RESPONDENT.
Leathan Renfrow, a state prisoner appearing pro se, filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. Renfrow is currently in the custody of the California Department of Corrections and Rehabilitation, incarcerated at the Pleasant Valley State Prison. Respondent has answered. Renfrow has not replied.
In December 2002 Renfrow entered a negotiated plea in the Placer County Superior Court of no contest to assault by means likely to produce great bodily injury and admitted a great bodily injury ("GBI") enhancement under California Penal Code §§ 245(a)(1) and 12022.7. The trial court suspended imposition of sentence and placed Renfrow on formal probation. Renfrow did not appeal his conviction or sentence.
In May 2004, after Renfrow admitted violating a condition of probation, the trial court revoked probation, imposed the middle term of three years for the felony assault conviction, suspended execution of that sentence, and reinstated him on formal probation. The trial court did not mention the GBI enhancement. In December 2004 Renfrow admitted violating another condition of probation by possessing a controlled substance. The prosecutor agreed to a five-year disposition, low term [for the felony assault conviction] plus three years [for the GBI enhancement], for Renfrow's acknowledgment of guilt in this violation of probation. The trial court revoked probation, declined Renfrow's request to strike the GBI enhancement, and ordered the execution of an aggregate term of five years (two years for felony assault and three years for the enhancement). Renfrow timely appealed that decision and on October 26, 2005, the California Court of Appeal, Third District, affirmed in an unpublished decision.*fn1
Renfrow subsequently filed a petition for writ of habeas corpus in the Placer County Superior Court, claiming the term of five years was an unlawful increase in the sentence that had been previously imposed and suspended.*fn2 The superior court held that the trial court had no jurisdiction to change the sentence of three years imposed and suspended after Renfrow's last violation of probation, and that defense counsel was ineffective for failing to object to the five-year term. The superior court granted the petition for writ of habeas corpus, deemed the GBI enhancement to have been stricken, and ordered the clerk to prepare an amended abstract of judgment showing the correct sentence to be the imposition of the middle term of three years on Count One for violation of Penal Code § 245(a)(1). On appeal, the California Court of Appeal, Third District, reversed and remanded the matter to the Superior Court with directions to deny the writ.*fn3 The California Supreme Court summarily denied review on October 23, 2008. On June 8, 2009, Renfrow filed a petition for habeas relief in the California Supreme Court, which was summarily denied on July 8, 2009. Renfrow timely filed his Petition for relief in this Court on August 3, 2009.
In his Petition, Renfrow raises two grounds:*fn4 (1)
the trial court's correction of the sentence, i.e., adding back in the
GBI enhancement, violated his federal right of due process;*fn5
(2) counsel was ineffective for failing to raise this issue on appeal.*fn6 Respondent does not assert any affirmative defense.*fn7
Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2254(d), this Court cannot grant relief unless the decision of the state court was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" at the time the state court renders its decision or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."*fn8 The Supreme Court has explained that "clearly established Federal law" in § 2254(d)(1) "refers to the holdings, as opposed to the dicta, of [the Supreme Court] as of the time of the relevant state-court decision."*fn9 The holding must also be intended to be binding upon the states; that is, the decision must be based upon constitutional grounds, not on the supervisory power of the Supreme Court over federal courts.*fn10 Thus, where holdings of the Supreme Court regarding the issue presented on habeas review are lacking, "it cannot be said that the state court 'unreasonabl[y] appli[ed] clearly established Federal law.'"*fn11 When a claim falls under the "unreasonable application" prong, a state court's application of Supreme Court precedent must be "objectively unreasonable," not just "incorrect or erroneous."*fn12 The Supreme Court has made clear that the objectively unreasonable standard is "a substantially higher threshold" than simply believing that the state-court determination was incorrect.*fn13 "[A]bsent a specific constitutional violation, federal habeas corpus review of trial error is limited to whether the error 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'"*fn14 In a federal habeas proceeding, the standard under which this Court must assess the prejudicial impact of constitutional error in a state court criminal trial is whether the error had a substantial and injurious effect or influence in determining the outcome.*fn15 Because state court judgments of conviction and sentence carry a presumption of finality and legality, the petitioner has the burden of showing by a preponderance of the evidence that he or she merits habeas relief.*fn16
The Supreme Court recently underscored the magnitude of the deference required: As amended by AEDPA, § 2254(d) stops short of imposing a complete bar on federal court relitigation of claims already rejected in state proceedings. Cf. Felker v. Turpin, 518 U.S. 651, 664, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996) (discussing AEDPA's "modified res judicata rule" under § 2244). It preserves authority to issue the writ in cases where there is no possibility fairminded jurists could disagree that the state court's decision conflicts with this Court's precedents. It goes no farther. Section 2254(d) reflects the view that habeas corpus is a "guard against extreme malfunctions in the state criminal justice systems," not a substitute for ordinary error correction through appeal. Jackson v. Virginia, 443 U.S. 307, 332, n.5, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (Stevens, J., concurring in judgment). As a condition for obtaining habeas corpus from a federal court, a state prisoner must show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.*fn17
In applying this standard, this Court reviews the "last reasoned decision" by the state court.*fn18 State appellate court decisions that summarily affirm a lower court's opinion without explanation are presumed to have adopted the reasoning of the lower court.*fn19 This Court gives the presumed decision of the state court the same AEDPA deference that it would give a reasoned decision of the state court.*fn20
Under California's unique habeas procedure, a prisoner who is denied habeas relief in the superior court files a new original petition for relief in the court of appeal. If denied relief by the court of appeal, the defendant has the option of either filing a new original petition for habeas relief or a petition for review of the court of appeal's denial in the California Supreme Court.*fn21
This is considered as the functional equivalent of the appeal process.*fn22 Under AEDPA, the state court's findings of fact are presumed to be correct unless the petitioner rebuts this presumption by clear and convincing evidence.*fn23 This presumption applies to state-trial courts and appellate courts alike.*fn24
A state court is not required to give reasons before its decision can be deemed to be "adjudicated on the merits."*fn25 When there is no reasoned state-court decision denying an issue presented to the state, "it may be presumed that the state court adjudicated the claim on the merits in the absence of any indication or state-law procedural principles to the contrary."*fn26
"The presumption may be overcome when there is reason to think some
other explanation for the state court's decision is more
likely."*fn27 Where the presumption applies, this
Court must perform an independent review of the record to ascertain
whether the state-court decision was "objectively
unreasonable."*fn28 In conducting an independent
review of the record, this Court presumes that the relevant
state-court decision rested on federal grounds,*fn29
giving that presumed decision the same deference as a reasoned decision.*fn30
The scope of this review is for clear error of the state
court ruling on the petition:
[A]lthough we cannot undertake our review by analyzing the basis for the state court's decision, we can view it through the "objectively reasonable" lens ground by Williams. . . . Federal habeas review is not de novo when the state court does not supply reasoning for its decision, but an independent review of the record is required to determine whether the state court clearly erred in its application of controlling federal law. Only by that examination may we determine whether the state court's decision was objectively reasonable.*fn31
"[A]lthough we independently review the record, we still defer to the state court's ultimate decision."*fn32
Ground 1: Correction of Sentence When Renfrow was initially sentenced, the trial court included a sentence on the GBI enhancement. In his first probation violation proceeding, the trial court mistakenly omitted the GBI enhancement. In the second probation violation proceeding the trial court corrected the earlier error and sentenced Renfrow on both the primary assault conviction and the GBI enhancement. Renfrow contends that, in correcting the sentence, the state court impermissibly increased his sentence in violation of due process. Although the state trial court agreed with
Renfrow in his state court habeas petition, the State argued on appeal that "the trial court's failure to have imposed or dismissed the GBI enhancement when it suspended execution of sentence and reinstated probation 'resulted in an unauthorized sentence which was properly corrected by the trial court at a later date.'"*fn33 The Court of Appeal agreed, holding:
The error in this case began when, in May 2004, the trial court imposed sentence, suspended its execution, and reinstated probation. The problem is the court imposed sentence only on [Renfrow's] felony assault conviction and neglected to address the GBI enhancement that he had admitted. "The failure to impose or strike an enhancement is a legally unauthorized sentence subject to correction even if the correction results in a harsher punishment." [Citations omitted]
The trial court corrected its error when, in December 2004, it revoked probation, declined to strike the GBI enhancement, and ordered execution of sentence for both the felony assault conviction and the enhancement.
In granting [Renfrow's] petition for writ of habeas corpus, the superior court (habeas corpus court) held that the trial court's correction of its earlier sentencing error was error itself. This was so, the habeas corpus court concluded, because "[u]nder the authority of People versus Howard [supra, 16 Cal.4th at p. 1088, 68 Cal.Rptr.2d 870, 946 P.2d 828], the [trial court] only could have ordered into execution the three-year suspended prison term." Thus, the habeas corpus court deemed the GBI enhancement to have "been stricken," and ordered into effect the middle term of three years previously imposed but suspended for the felony assault conviction.
As we will explain, it is the habeas corpus court that got it wrong.
In order to strike an enhancement "in the furtherance of justice" (§ 1385, subd. (c)(1)), a trial court must set forth, on the record, its reasons for doing so. (§ 1385, subds. (a), (c)(1); People v. Orin (1975) 13 Cal.3d 937, 944--945, 120 Cal.Rptr. 65, 533 P.2d 193.) That did not occur in this case when, in May 2004, the trial court granted defendant probation after imposing sentence, suspending execution thereof, but neglecting to address the GBI enhancement. Thus, the habeas corpus court erred in deeming the GBI enhancement to have been stricken.
Citing mitigating circumstances, [Renfrow] argues the record "indicates a clear intention by the [trial court] to exercise leniency" by not imposing the GBI enhancement. This not only would run afoul of section 1385, subdivisions (a) and (c)(1), the People correctly respond that the record does not support [Renfrow's] claim. As the People point out, it is likely that the trial court "simply overlooked" the GBI enhancement.
The habeas corpus court also erred in ruling that People v. Howard, supra, 16 Cal.4th at p. 1088, 68 Cal.Rptr.2d 870, 946 P.2d 828 (hereafter Howard ) required the trial court to order execution of only the three-year middle term it had imposed but suspended during probation.
Howard held that "section 1203.2, subdivision (c), and [former] rule 435(b)(2) [of the California Rules of Court (now rule 4.435(b)(2)) ], by their terms, limit the court's power in situations in which the court chose to impose sentence but suspended its execution pending a term of probation. On revocation of probation, if the court previously had imposed sentence, the sentencing judge must order that exact sentence into effect [citations], subject to its possible recall under section 1170, subdivision (d), after defendant has been committed to custody."
However, Howard-and the statute and rule of court upon which it relied-governs a lawful sentence imposed and suspended pending the completion of probation. It did not address an unauthorized sentence that was imposed but suspended. Therefore, contrary to the habeas corpus court's ruling, Howard is not controlling because an appellate decision is authority "only 'for the points actually involved and actually decided.' [Citations.]" [Citation omitted]
Long before Howard, the California Supreme Court held that an unauthorized sentence "is subject to being set aside judicially and is no bar to the imposition of a proper judgment thereafter, even though it is more severe than the original unauthorized pronouncement." [Citations omitted.] Indeed, "the prosecution may raise for the first time on appeal or in connection with a defendant's habeas corpus petition the question of whether a sentence was unauthorized by law." [Citation omitted]
Because "an unauthorized sentence" is "subject to judicial correction when it ultimately [comes] to the attention of the trial court or [reviewing] court [citation omitted], the trial court in this case acted properly in December 2004 by correcting its earlier unauthorized sentence that had failed to impose or strike the GBI enhancement. (Cf. In re Robinson (1956) 142 Cal.App.2d 484, 485--486, 298 P.2d 656 [execution of an unauthorized sentence of one year in the county jail was suspended during probation; when probation was revoked, the court properly imposed and executed "the only legally proper sentence," a commitment to state prison for the term prescribed by law].)*fn34
To the extent that Renfrow raises issues of the proper application of state law, they are beyond the purview of this Court in a federal habeas proceeding.*fn35 It is a fundamental precept of dual federalism that the states possess primary authority for defining and enforcing the criminal law.*fn36 "[A] state court's interpretation of state law, including one announced on direct appeal of the challenged conviction, binds a federal court sitting in habeas corpus."*fn37
A petitioner may not transform a state-law issue into a federal one by simply asserting a violation of due process.*fn38 "[The Supreme Court has] long recognized that a mere error of state law is not a denial of due process."*fn39 "[A]bsent a specific constitutional violation, federal habeas corpus review of trial error is limited to whether the error 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'"*fn40 "Federal courts hold no supervisory authority over state judicial proceedings and may intervene only to correct wrongs of constitutional dimension."*fn41
The Supreme Court has never held that the correction of a sentence to comport to the requirements of state law violates due process.*fn42 Indeed, Supreme Court precedent supports the contrary conclusion. In this case, the increased sentence was to correct an error necessary to comply with state law, not as a result of vindictiveness.*fn43 In the absence of specific Supreme Court authority supporting his claim, Renfrow is not entitled to relief.*fn44 Having failed to raise an question of constitutional dimension, Renfrow is not entitled to relief under his first ground.
Ground 2: Ineffective Assistance of Counsel
Renfrow contends that, in failing to raise his first ground on appeal in Renfrow II, appellate counsel's representation was ineffective. Renfrow raised this claim in his June 2008 petition for habeas relief. As noted above, because the California Supreme Court summarily denied Renfrow's petition, this Court presumes that the state court decision rested on federal grounds,*fn45 giving the presumed decision the same deference as a reasoned decision.*fn46
Under Strickland, to demonstrate ineffective assistance of counsel,
Renfrow must show both that his counsel's performance was deficient
and that the deficient performance prejudiced his defense.*fn47
A deficient performance is one in which "counsel made errors
so serious that counsel was not functioning as the 'counsel'
guaranteed by the Sixth Amendment."*fn48 Renfrow must
show that defense counsel's representation was not within the range of
competence demanded of attorneys in criminal cases, and that there is
a reasonable probability that, but for counsel's ineffectiveness, the
result would have been different.*fn49 An ineffective
assistance of counsel claim should be denied if the petitioner fails
to make a sufficient showing under either one of the Strickland
In reviewing ineffective assistance of counsel claims in a federal habeas proceeding:
The question "is not whether a federal court believes the state court's determination" under the Strickland standard "was incorrect but whether that determination was unreasonable-a substantially higher threshold." Schriro, supra, at 473, 127 S.Ct. 1933. And, because the Strickland standard is a general standard, a state court has even more latitude to reasonably determine that a defendant has not satisfied that standard. See Yarborough v. Alvarado, 541 U.S. 652, 664, 124 S.Ct. 2140, 158 L.Ed.2d 938 (2004) ("[E]valuating whether a rule application was unreasonable requires considering the rule's specificity. The more general the rule, the more leeway courts have in reaching outcomes in case-by-case determinations").*fn51
It is through this doubly deferential lens that a federal habeas court reviews Strickland claims under the § 2254(d)(1) standard.*fn52
The Supreme Court, applying the "doubly deferential standard," has made clear that when adjudicating ineffective assistance of counsel claims in federal habeas proceedings, unlike the situation on direct review, focus is not on whether counsel's performance fell below the Strickland standard. Rather, the focus is on whether the state-court decision holding that counsel was not ineffective constituted an "unreasonable application of federal law[,] [which] is different from an incorrect application of federal law."*fn53
Under § 2254(d), a habeas court must determine what arguments or theories supported or, as here, could have supported, the state court's decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of this Court.*fn54
Because as discussed above, the California courts made clear, correction of a illegal sentence is not only permissible, but required under California law, his first claim lacks merit. The failure of appellate counsel to raise meritless or weak issues does not constitute ineffective assistance of counsel.*fn55 This Court cannot say that the assumed decision of the California
Supreme Court was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."*fn56 Nor, viewing the matter through the doubly-deferential lens of Mirzayance-Richter, can this Court find that the state court unreasonably applied the correct legal principle to the facts of the Renfrow's case within the scope of Andrade-Williams-Landrigan-Richter; i.e., the state court decision was not more than incorrect or erroneous, its application of clearly established federal law was not objectively unreasonable. Renfrow has failed to establish that his appellate counsel committed any error that was so serious that counsel was not functioning as the counsel guaranteed by the Sixth Amendment or that defendant's defense was prejudiced, as required by Strickland-Hill. In particular, Renfrow has failed to overcome the strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. Renfrow is not entitled to relief under his second ground.
Renfrow is not entitled to relief on any ground raised in his Petition.
IT IS THEREFORE ORDERED THAT the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus is DENIED.
IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability.*fn57 Any further request for a Certificate of Appealability must be addressed to the Court of Appeals.*fn58
The Clerk of the Court is to enter judgment accordingly.
James K. Singleton, Jr.
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Geschilderde Tv-standaarden
refinishing a dresser with spray paint and finishing wax $17 for supplies
Santa Fe Antique Turquoise 60" TV Stand
Chalk Paint Tutorial and TV Stand Makeover- Using chalk paint is so easy with gorgeous results! No prepping, no sanding, no priming!
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Refurbished dresser turned into TV console. Annie Sloan chalk paint.
Repurposing a Dresser into a tv stand
My tv stand made from a Drexel French provincial dresser
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text:
Basil Mashed Potatoes
Total Time
Prep 15 mins
Cook 25 mins
Another winery recipe....These mashed potatoes are to die for!
Ingredients Nutrition
- 2 lbs yukon gold potatoes, peeled and quartered
- 2 cloves garlic
- 2 teaspoons kosher salt
- 8 fresh basil leaves, chopped
- 2 tablespoons olive oil
- 1⁄4 cup cream, room temperature
- 1⁄2 teaspoon fresh ground pepper
- Place potatoes and garlic in small stock pot,cover with water.
- Add 1 tsp of the salt and bring to boil over high heat.
- Cook until tender,about 25 minutes.
- Drain in colander.
- Place basil in bowl of food processor,process until finely chopped,with motor still running.
- Gradually add olive oil.
- Set aside.
- Mash potatoes and garlic using ricer or food mill (gives potatoes a better texture,but if you don't have either,just mash them the usual way!).
- Transfer to large bowl and add cream,basil-oil mixture,the remaining 1 tsp of salt,and pepper.
- Mix well.
- Serve Suggested wines:Cabernet Sauvignion or Pinot Noir.
Most Helpful
We canna buy Yukon Gold on this side o the big pond, an ah widna know "kosher salt" if it hit me on the heid, so ah jist used some tatties that ah had in a bin an ah used onion powder for the kosher. They were quite nice with melted butter poured on tap.
Love potatoes, crazy about basil had to try this Could not find yukon gold potatoes so used sweet potatoes, turn out pretty good. Gonna try just regular Idaho potatoes or red potatoes next time.
This nearly pesto mashed potato dish is VERY easy to make and it's a flavoursome way to serve mashed potatoes. I doubled the garlic, used 1½ tablespoons of oil and ½ tablespoon of lemon juice, and creamy Greek yoghurt instead of cream, but otherwise followed the recipe. I used my mini processor for processing the basil. Next time, I'm going to add some pine nuts and parmesan, so that this truly is pesto mashed potato! Thank you for sharing this recipe!


text:
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