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United States District Court, W.D. New York
March 17, 2015
RASHAWN CHAPMAN, Petitioner,v.M. BRADT, Attica Correctional Facility Superintendent, Respondent.
MICHAEL A. TELESCA, District Judge.
I. Introduction
Proceeding pro se, Rashawn Chapman ("Petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner's state custody arises from a judgment, entered on October 3, 2003, in Niagara County Court (Broderick, Sr., J.) of New York State, convicting him, following a jury verdict, of Manslaughter in the First Degree (N.Y. Penal Law ("P.L.") § 125.20(1)) and related charges.
II. Factual Background and Procedural History
A. Petitioner's Trial
The convictions here at issue stem from the fatal shooting of Douglas Scott ("Scott") on June 20, 2001, in the City of Niagara Falls, New York. At approximately 12:30 p.m. on June 20, 2001, the Niagara Falls Police Department received a call that a man had been shot on the 400-block of 10th Street. Responding officers found 20-year-old Scott lying on the sidewalk in front of a house located at 462 10th Street, bleeding from an apparent gunshot wound to the chest. A box-cutter razor and a baseball bat were found nearby. Scott was taken to the hospital where he died from his injuries. The gun used in the shooting was identified as a.357-magnum Smith & Wesson revolver.
Fourteen-year-old Demetrius Nix ("Nix"), who had a history of disputes with Scott, was identified as the shooter. Nix was friends with Petitioner, who also had had problems with Scott in the past. Nix, with Petitioner's help, evaded police for several days before being apprehended and charged with murder. During their investigation, the police developed the theory that Petitioner had provided Nix with the gun and assisted him in killing Scott. Petitioner was arrested and indicted for intentional murder and depraved indifference murder, criminal facilitation, hindering prosecution, and second and third degree criminal possession of a weapon. Nix was permitted to plead guilty to manslaughter as a juvenile offender in exchange for agreeing to testify truthfully against Petitioner.
At trial, Nix testified that he had left school after 8th grade and at the time of the shooting, basically was living on the street, accepting money from friends and selling drugs in order to support himself. One of his best friends was Lotha Goldsmith, killed on June 14, 2001, who owned a.357-magnum Smith & Wesson pistol, nicknamed "Loth". "Loth" was kept at the house of an acquaintance, Michelle Nesbit ("Nesbit"), and Nix was free to take it from the house anytime he wanted.
Nix related that he had been involved in several increasingly violent altercations with Scott. On June 20th, Nix was at his cousin Keith's house when Scott attacked him, slamming him against the porch and slashing his back and neck with a box-cutter while attempting to cut his throat. After Scott was pulled off Nix by passers-by, Nix and his cousin walked up 7th Street where they met some friends and told them what happened. Nix decided to follow Scott and confront him in a fair fight. Nix and his friends walked toward 9th Street, down Ferry Avenue, to a store where testified they met Petitioner.
Nix said that Petitioner told Nix's friends to leave, and he and Nix walked down the alley from Ferry toward Niagara Street where they stopped and talked in back of a house fronting on the alley. Nix showed Petitioner his cuts received during Scott's recent attack. According to Nix, Petitioner told him that he, too, had had problems with Scott and said, "I'm going to handle this for you." T.491-92, 496.[1] Nix understood that "handling the problem" meant that Petitioner "was going to shoot him." T.496. Nix testified that Petitioner then directed him to go out front and look for Scott. Nix peered around the corner but did not see Scott. He went to the back of the house and informed Petitioner, who said that he would go see where Scott was. T.494-95. Petitioner began walking down the alley toward Niagara Street to look for Scott. T.495. Nix said that prior to leaving, Petitioner gave him a silver.357-magnum gun to hold "for a second." T.497. Nix leaned against the house with his back to the wall and remained there for a minute or two, looking between the houses. T.498.
Nix testified that he first spotted Scott when he was about 12 feet away. Scott appeared angry to Nix and was brandishing a baseball bat. T.570. Nix testified said that he was afraid if he tried to run, Scott would hit him with the bat, and that Scott was so close that Nix was prevented from running out of the yard. T.501-03. However, Nix did not think Scott could have hit Nix when Nix first saw Scott. T.504, 586. When Scott was about four feet away, Nix turned around, aimed, and shot him once in the chest. T.501. Scott staggered, falling back toward the alley, clutching his chest. T.504.
Nix related that after the shooting, he ran back out toward the alley and met Petitioner in the alley outside of the yard, where he returned the gun to Petitioner. Petitioner ran in a different direction but they both ended up at Nesbit's house. After telling Petitioner he would meet him at Unity Park housing complex, Nix left again through the back door. Petitioner met Nix in a field outside of the complex, after which they went to Petitioner's Uncle PeeWee's house. Petitioner gave the gun to his uncle and told him to "put it up", but Nix did not see it was placed. T.513-15. For the next several days, Nix traveled between Niagara Falls, Lockport, and Buffalo, sometimes by himself and at other times with Petitioner, staying at houses belonging to his friends or to friends and relatives of Petitioner. T.516-28. He finally returned to Niagara Falls, staying in an abandoned house on 5th street for a few hours before going to a house on Robinson Court occupied by a person known as "Benny." Nix stayed overnight and was arrested there the next day.
Anthony Brantley ("Brantley"), who had a lengthy criminal history, was the only other individual to testify for the prosecution who claimed to have witnessed any of the events surrounding the shooting. He stated that on June 20, 2001, he was sitting on his uncle's porch at 929 Ferry Street when he saw Nix stop at a store on 9th Street and Ferry Avenue to talk to Petitioner. Brantley said he was familiar with both men, although he did not testify as to how well he knew them. T.369-71. According to Brantley, Petitioner and Nix walked together into the alley between 9th and 10th Streets, as did several people in front of them, but that Petitioner did not go all the way into the alley. T.371-72. Five or ten minutes later, Brantley heard shots and saw a lot of people running, including Nix and Petitioner, who were running towards 9th Street. T.373-74. Brantley did not see a gun displayed by Nix or Petitioner and did not know where the shot originated.
Victor Johnson ("Johnson"), who also had a lengthy criminal history, testified that he knew both Petitioner and Nix from the streets. Johnson recovered the gun used in the shooting for the police; in exchange, the police dropped several drug charges pending against his girlfriend. Johnson testified that the gun originally belonged to his deceased cousin, Goldsmith. T.665, 670. Johnson contradicted Nix's testimony that Petitioner had possession of the gun after the shooting inasmuch as Johnson stated that Nix told him that he (Nix) had put it in a house located next door to the one in which he was staying. T.649-50. Johnson testified that he later gave the gun to Petitioner but did not know where he took it. T.651. Later, Johnson said he was told by a woman nicknamed "Brooklyn" that the gun was in her house and that he should take it from that location. Johnson testified that he did so and hid it in a relative's house on Pierce Street where it remained until he turned it over to police. T.652-54.
The prosecution also called jailhouse informant Michael Cox ("Cox"), who was housed in the same cell block as Petitioner in November or December 2001. According to Cox, they talked "practically every day." T.693-95. Petitioner told Cox that he had seen "Mimi" (i.e., Nix) fight with someone named Doug (i.e., Scott). At the time, Petitioner had been at the "weed house". Cox testified that Mimi went inside the house where he had been staying and came outside again. Petitioner, who was accompanied by some of their friends, promised to help Mimi go after Doug. According to Cox, Petitioner said that he gave Mimi a gun while they were in an alley behind a house; the alley was Petitioner's shortcut to "Michelle's" house. Petitioner told Cox that "Mimi had to do his own shooting because it wasn't him [i.e., Petitioner] that got his ass whooped." T.706, 730. Petitioner told Cox that Mimi had wanted to shoot Doug, and that Petitioner did, too, because he himself had had issues with Doug. T.703, 705, 730. Petitioner related to Cox that Doug had come around the house, swinging a bat, before being shot. Later on the day of the shooting, Petitioner hid the gun in Michelle's house, and then Petitioner and Mimi changed clothes at Petitioner's grandmother's apartment. Petitioner asked his grandmother if Mimi could stay with her awhile, as Mimi was avoiding the police. Subsequently, Cox testified, Petitioner told him that Michelle brought the gun to "Brooklyn's" house, and Petitioner told Brooklyn to give it to Johnson.
Samuel Eaddy ("Eaddy"), another jailhouse neighbor of Petitioner's, testified for the prosecution. Petitioner was housed one cell away from Eaddy at Wende Correctional Facility where Petitioner had stayed temporarily for purposes of attending a court date. Petitioner told Eaddy that he had seen Nix fight on a porch with another person, whose name Eaddy did not recall. During the fight, Nix had been cut. He was about to leave the area when Nix stopped to talk with Petitioner. Petitioner told Eaddy that he had given Nix a gun and told him to hold it while Petitioner obtained a second gun. Petitioner explained to Eaddy that he then approached the man (i.e., Scott) who had beaten up Nix and told him that Nix had asked for Petitioner's help, that Petitioner was going to get a gun for him, and that Nix was waiting for this man. T.762, 786-88. The man asked Petitioner where Nix was, "got a stick or something", and "went charging" toward Nix, who shot him. T.762, 763. Petitioner told Eaddy that he previously had problems with the man Nix had shot.
The defense's sole witness was Michelle Nesbit, who lived with Petitioner and referred him to as her "brother". At her apartment on 9th Street in Niagara Falls, Nesbit kept a.357-magnum revolver in either the front living room couch, a couch in the back room, or a kitchen drawer. Lotha Goldsmith had brought the gun to her house before his death. Nix, whom Nesbit had known for about a month before June 2001, sometimes would borrow the gun and then return it to her apartment.
Petitioner slept at Nesbit's apartment on June 19, 2001, as did Rashi Perry ("Perry"). Sometime before noon on June 20th, Petitioner and Perry left to go buy "some weed." Nesbit was alone in the apartment when Nix came by to see Petitioner. He told Nesbit that he had been "cut" in a fight and then went to the back of the apartment. Nesbit did not see what Nix was doing there. Shortly thereafter, Nix left the apartment. About five or ten minutes later, he returned through the back door.
On June 21, 2001, Nesbit permitted the police to search her apartment. However, the police did not find a gun. Nesbit informed the police that when Scott had been murdered, Petitioner was on the other side of the city. She had paged Petitioner at 12:30 p.m. on June 20, 2001, and had had Nix speak to Petitioner once Petitioner responded to the page. Nix told Petitioner during that conversation that he would meet him across town. Nix and Petitioner also talked about finding a change of clothing for Nix.
Three months later, Nesbit informed the police that the foregoing statements were false. Nesbit gave a new statement, indicating that on the day of the shooting, Petitioner came in through the front door of her apartment, and Nix came in through the back door. "[S]omeone"-probably Petitioner-"said that somebody got shot." T.835, 872. Nesbit moved to 1028 South Avenue in about September 2001, but did not move the gun to her new apartment. She professed not to know how it eventually ended up there. Petitioner sometimes visited her at the South Avenue apartment, and Johnson visited there frequently. At some point, Nesbit paged Johnson and asked him to meet her outside of her friend Brooklyn's house, where Nesbit gave Johnson the gun.
During the police investigation of the crime scene, Niagara Falls Police Department Detective James Lincoln ("Detective Lincoln") and found a green plastic-handled box cutter razor on the sidewalk and a silver aluminum bat lying at the curb in front of the house at 462 10th Street. Detective Lincoln estimated that the distance from the front to the back of 462 10th Street was between 35 and 40 feet. He observed drops of blood on a sidewalk just to the side of the front porch at 462 10th Street. T.421-435. However, Detective Lincoln saw no blood on the sidewalk that led to the back of 462 10th Street. Nor did he find any blood on sidewalk that led from the alley to the rear door of the house. T.427, 431. The area behind the house as it opened onto the alley was free of any obstructions or fences. T.433.
On June 13, 2003, the jury returned a verdict acquitting Petitioner of second-degree murder (P.L. § 125.25(1)) as an accomplice, but convicting him of first-degree manslaughter as an accomplice. The jury also returned guilty verdicts on the charges of Criminal Facilitation in the Second Degree (P.L. § 115.05), Criminal Possession of a Weapon in the Second Degree (P.L. § 265.03(2)), and Criminal Possession of a Weapon in the Third Degree (P.L. § 265.02(4)).
Defense counsel then moved pursuant to New York Criminal Procedure Law ("C.P.L.") § 330.30 in Niagara County Court to set aside the verdict on the basis of legally insufficient evidence to support the convictions. Judge Broderick found that "[t]here is a valid line of reasoning and there are permissible inferences that could lead a rational person to the conclusion reached by this jury on the basis of the evidence at this trial[, ]" that the prosecution "satisfie[d] the proof and burden requirements for every element of the crimes of first-degree manslaughter, second-degree criminal facilitation, second-degree criminal possession of a weapon and third-degree criminal possession of a weapon." SR.144-45 (citations omitted). Judge Broderick, however, found that he had erred with regard to hindering prosecution jury charge given to the jury because it failed to include as an element the requirement of proving the underlying murder. SR.146 (citations omitted). Accordingly, Judge Broderick reversed the hindering prosecution conviction. Id . Petitioner's remaining contentions were discussed and found to be without merit.
On October 3, 2003, Judge Broderick sentenced Petitioner to the following concurrent sentences: a determinate, 25-year prison term on the first-degree manslaughter conviction; an indeterminate term of 5 to 15 years on the criminal facilitation conviction; a determinate 15-year term on the second-degree weapons possession conviction; and a determinate prison term of 7 years on the third-degree weapons possession conviction. All of the determinate sentences carried a 5-year term of post-release supervision ("PRS"), except the third-degree weapons possession conviction, which carried a 3-year term of PRS.
B. Post-Conviction Proceedings in State Court
Represented by new counsel, Petitioner pursued a direct appeal. On June 9, 2006, the Appellate Division, Fourth Department, of New York State Supreme Court unanimously affirmed Petitioner's conviction. People v. Chapman, 30 A.D.3d 1000 (4th Dep't 2006). On August 28, 2006, the New York Court of Appeals denied Petitioner's application for leave to appeal. People v. Chapman, 7 N.Y.3d 811 (2006)
On or about June 20, 2012, Petitioner filed a motion to vacate pursuant to C.P.L. § 440.10, arguing that trial counsel was ineffective for not contacting various unidentified witnesses, including a potential witness who had allegedly reported the shooting, for the purpose of refuting the testimony of the jailhouse informants. Petitioner also argued that trial counsel was ineffective for not objecting to the inconsistent verdicts and for not arguing that counts 5 and 6 of the indictment were jurisdictionally defective. In a decision dated October 24, 2012, the County Court (Farkas, J.) denied vacatur, finding that under the totality of the circumstances, trial counsel had provided meaningful representation, rejecting Petitioner's other claims.
C. The Federal Habeas Proceeding
Petitioner timely filed his habeas petition in this Court. On or about January 2, 2008, Petitioner filed a motion to stay his habeas petition, which the Court (Arcara, D.J.) granted on April 22, 2008. At the Court's request, Petitioner provided updates regarding the status of his state-court exhaustion proceedings. On June 20, 2014, the stay was lifted, and the case was restored to the Court's active docket. Respondent filed an answer and opposition memorandum of law. Petitioner did not file a reply. For the reasons discussed below, the request for a writ of habeas corpus is denied.
III. Discussion
A. Failure to Charge the Jury that a Box-Cutter and a Baseball Bat are "Dangerous Instruments" (Petition, ¶ 22(A))
Petitioner contends that the trial court erred in denying defense counsel's request that the jury be charged, in connection with the self-defense instruction, that the bat and box-cutter found at the crime scene were "dangerous instruments" as a matter of law. On direct appeal, the Appellate Division denied this claim as without merit.
In general, the correctness of a state court's jury instructions is a matter of state law that does not raise a federal constitutional question. See Cupp v. Naughten, 414 U.S. 141, 146 (1973). The Second Circuit has explained that "federal courts must... defer to state-court interpretations of the state's laws, so long as those interpretations are themselves constitutional...." Davis v. Strack, 270 F.3d 111, 123 n. 4 (2d Cir. 2001).
Here, the Appellate Division held that the trial court had properly denied defense counsel's request to instruct the jury that the "box cutter and baseball bat in the victim's possession were dangerous instruments as a matter of law[, ] inasmuch as those were disputed issues of fact for the jury's resolution." People v. Chapman, 30 A.D.3d at 1002 (citation omitted). Judge Broderick instructed the jury regarding the defensive use of deadly physical force under P.L. § 35.15(2)(a). See T.1032-33. Neither P.L. § 35.15 nor the criminal pattern jury instruction regarding deadly physical force mentions "dangerous instruments", and thus there is no basis to assert that Judge Broderick erroneously omitted a necessary part of the charge. Dangerous instrument is defined in the Penal Law as something "which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury." N.Y. PENAL LAW § 100.13. Thus, defining what is a dangerous instrument does not entail simply looking at the characteristics of the object; rather, it is context-specific and requires a factual determination regarding how and where the object was used or threatened to be used. This places the issue squarely within the jury's province.
In the context of evaluating Petitioner's asserted defense of justification, the jury was required to determine whether Nix "reasonably believe[d] that such other person [Scott] is using or about to use deadly physical force, " N.Y. Penal Law § 35.15(2)(a), unless Nix could have retreated. Thus, even if the jury had been instructed that the bat and the box-cutter were dangerous instruments, and the jury determined that Scott was about to use them to inflict deadly force, that does not end the inquiry. As noted, there was ample evidence establishing that Nix he had time to retreat, including his own concession that there was no fence or other obstacle preventing him from doing so. In other words, not only was the Appellate Division correct in finding that the trial court did not err in declining to instruct the jury that the box-cutter and bat were dangerous instruments since these were factual issues to be resolved, the charge requested would not necessarily have resulted in a different verdict.
B. Erroneous Marshaling of the Evidence (Petition, ¶ 22(B))
Petitioner asserts that the trial court, in marshaling the circumstantial evidence for the jury, incorrectly stated that "as [he] recall[ed]", Brantley's testimony had "plac[ed] [Petitioner] at the scene of the crime" T.1040-41. Trial counsel objected, and the following colloquy occurred:
[DEFENSE COUNSEL]: As I recall Anthony Brantley's testimony, he saw the defendant at the alleyway at 9th-I mean at Ferry and-at the alleyway on Ferry. The crime scene was at the small sidewalk of 462 10th Street and-
THE COURT: Which was said somewhat [sic], what, two houses down from the alley.
[DEFENSE COUNSEL]: Yeah, but there were also any number of other people in that same area.
THE COURT: Well, I understand that, but I just merely informed them that there was, in my opinion, some circumstantial evidence which was allegedly adduced to convince him that he was there.
T.1041. On direct appeal, the Appellate Division rejected Petitioner's contention that the trial court erred in its characterization of Brantley's testimony during its jury instructions. Chapman, 30 A.D.3d at 1002. Even assuming arguendo that the characterization was inaccurate, the Appellate Division held that the court properly instructed the jurors that they were the "sole triers of fact[, ]" and "thus [Petitioner] was not denied a fair trial by the alleged inaccurate characterization of the testimony...." Id . (citations omitted).
In reviewing an allegedly erroneous jury charge by a state court, the habeas court must ask whether the suspect charge, viewed in the entirety of all of the charges given, "so infected the entire trial such that the resulting conviction violates due process." Henderson v. Kibbe, 431 U.S. 145, 154 (1977). The crux of Petitioner's argument appears to be that the trial judge defined "scene of the crime" in an overly broad fashion. The evidence showed that Nix came out from behind the house at 462 10th Street and fired at Scott, who was walking down the sidewalk next to that house toward Nix. After Scott was shot, he staggered out to the sidewalk by the house at 462 10th Street. See T.418-19, 489, 498-501.
According to the witnesses' testimony, Ferry Avenue and Niagara Street run east-west, and 9th Street and 10th Street run north-south, creating a box. See, e.g., T.355, 433. The alley to which defense counsel and the trial judge referred, supra, is located between 9th and 10th Streets and also runs north-south; thus, the alley essentially parallels 9th and 10th Streets. T.433. Detective Lincoln testified that 462 10th Street is a "couple" of houses down from the intersection of Ferry Avenue and 10th Street. T.418-19. alley. Based on the configuration of the streets described above, the alley essentially bordered the lot at 462 10th Street.
Brantley testified that he saw Petitioner and Nix talking in front of a store on the corner of 9th Street and Ferry Avenue, and then walk toward the alley that ran in between 9th and 10th Streets. T.370, 406. According to Brantley, Nix and Petitioner entered the alley, but Petitioner only walked partway down the alley. Still, walking down that alley puts Petitioner relatively close to the back of the lot at 462 10th Street.
In any event, the prosecution did not argue that Petitioner was present at the moment of the shooting or that Petitioner was the shooter. Rather, the prosecution's theory of the case, based on Nix's testimony and Petitioner's admissions to, e.g., Cox and Eaddy, was that Petitioner set a trap for Scott by giving Nix a gun and steering Scott to the place where Nix was lying in wait. As Judge Broderick noted in his decision denying the C.P.L § 330.30 motion,
[m]oments before the shooting, Nix and Chapman conspired near an alleyway, forming a plan to have Nix wait in the alley with the gun and to have Chapman locate Scott and tell him that Nix was in the alley waiting for him to resume their running confrontation. Chapman then left to look for Scott. Things progressed according to plan. Chapman contacted Scott and delivered his message, telling him that Nix had asked for a gun (which he was going to get), but was warning Scott first. Chapman, thus, clearly and intentionally left Scott with the misimpression that Nix did not yet have a gun.
Although the Court finds that the trial judge's phraseology in his instruction marshaling Brantley's testimony could have been more precise, it cannot say that there is any reasonable likelihood that the trial judge's lack of precision affected the verdict.
C. Legal Insufficiency of the Evidence (Petition, ¶ 22(C))
Petitioner argues, as he did on appeal, that the evidence was legally insufficient because (1) the prosecutor failed to disprove Petitioner's justification defense beyond a reasonable doubt; (2) the evidence did not establish that Petitioner, acting as Nix's accessory, shared Nix's intent to kill Scott; and (3) the evidence did not sufficiently corroborate Nix's testimony. The Appellate Division rejected these claims as unpreserved, finding that Petitioner "failed to preserve his contentions concerning the legal sufficiency of the evidence for [its] review by his general motion to dismiss[, ]" Chapman, 30 A.D.3d at 1001 (citing People v. Gray, 86 N.Y.2d 10, 19 (1995)), and "his motion to set aside the verdict also did not preserve his contentions for [its] review[.]" Id . (citing People v. Hines, 97 N.Y.2d 56, 61 (2001)). The Appellate Division also ruled that the convictions were "supported by legally sufficient evidence[.]" Id . Respondent argues that the Appellate Division's reliance on an adequate and independent state ground to dismiss the legal insufficiency claim bars it from habeas review, notwithstanding that court's alternative holding regarding the merits of the claim. Respondent also argues that none of Petitioner's theories concerning the alleged insufficiency of the evidence have merit.
The Supreme Court has held that a state criminal conviction must be upheld if, "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (1979) (emphasis in original). Under this "rigorous standard[, ]" a "federal habeas court faced with a record of historical facts that supports conflicting inferences must presume-even if it does not affirmatively appear in the record-that the trier of fact resolved any such conflicts in favor of the prosecution, and must defer to that resolution.'" Wheel v. Robinson, 34 F.3d 60, 66 (2d Cir. 1994) (quoting Jackson, 443 U.S. at 326. "Under Jackson, federal courts must look to state law for the substantive elements of the criminal offense.'" Coleman v. Johnson, 132 S.Ct. 2060, 2064 (2012) (quoting Jackson, 443 U.S. at 324 n.16). Petitioner was convicted as a principal of second-degree criminal facilitation. He was convicted, as an accessory to Nix, see N.Y. PENAL LAW § 20.00, of first-degree manslaughter and second- and third-degree weapons possession.
The Court turns first to Petitioner's claim that the prosecution failed to disprove his justification defense.[2] The Appellate Division held that the prosecution "presented evidence establishing beyond a reasonable doubt that the shooter [Nix] was not acting in self defense when he drew his gun and that the shooter could have retreated." Chapman, 30 A.D.3d at 1001 (citing N.Y. PENAL LAW § 35.15(2)(a); internal quotation and other citations omitted). The Court agrees.
Both Nix and Detective Lincoln testified that nothing obstructed Nix's ability to run away from Scott. T.433, 504, 586. Although Nix testified that he shot Scott when Scott was running to the back of the house and was at the "middle of the house", T.500, the evidence established that when Nix shot Scott, Scott was not within the range in which he could have struck Nix with the bat. Moreover, the bat was found at the curb, on 10th Street. T.424. The house, from the front porch to the back, was 35 to 40 feet in length. Detective Lincoln observed blood on the sidewalk near the front porch, but no blood on the sidewalk leading to the back of the house, and none on the sidewalk from the alley to the rear door of the house. T.426-32. Finally, the coroner testified that the fatal bullet was not fired within close range. T.618-19.
With regard to Petitioner's claim regarding his alleged lack of intent, the Appellate Division held that the prosecution presented sufficient proof that Petitioner "shared [Nix's] intent to cause serious physical injury to the victim and intentionally aided [Nix] by providing him with the weapon and informing the victim where [Nix] was located, thereby leading the victim" to Nix. People v. Chapman, 30 A.D.3d at 1001. Based on the testimony summarized and discussed above, "[t]he inference that [Petitioner] took part in a plan to trap and seriously injure the victim was compelling." People v. Camacho, 22 A.D.3d 367, 2005 N.Y. Slip Op. 07790, at *1 (1st Dep't 2005).
Finally, with regard to the allegedly insufficient evidence of corroboration, the Court finds that this argument is based solely on New York State's accomplice corroboration requirement, see N.Y. Crim. Proc. Law § 60.20. As such, it does not state a cognizable federal constitutional issue. Martinez v. Walker, 380 F.Supp.2d 179, 183 (W.D.N.Y. 2005) (citing Caminetti v. United States, 242 U.S. 470, 495 (1917) ("[T]here is no absolute rule of law preventing convictions on the testimony of accomplices if juries believe them.")). As the Second Circuit has explained, "[a]ny lack of corroboration goes to the weight of the evidence, not to its sufficiency, and a challenge to the weight of the evidence is a matter for argument to the jury, not a ground for reversal on appeal." United States v. Gordon, 987 F.2d 902, 906 (2d Cir. 1993). Consequently, Petitioner's legal insufficiency claim based on the lack of corroborative testimony must be dismissed. Accord, e.g., Martinez, 380 F.Supp.2d at 184 (citations omitted).
D. Verdict Against the Weight of the Evidence (Petition, ¶ 22(C))
On direct appeal, Petitioner requested that the Appellate Division weigh the relative probative force of conflicting testimony pursuant to C.P.L. § 470.15(5). The Appellate Division concluded that "the verdict is not against the weight of the evidence with respect to th[e] count [of first-degree manslaughter]." Chapman, 30 A.D.3d at 1001.
By raising a "weight of the evidence" argument, Petitioner does not present to this Court a federal issue as required by 28 U.S.C. § 2254(a). E.g., Bester v. Conway, 778 F.Supp.2d 339, 345 (W.D.N.Y. 2011) ("Because Bester's weight of the evidence claim implicates only state law, it is not cognizable in this federal habeas proceeding.") (citing, inter alia, 28 U.S.C. § 2254(a); Ex parte Craig, 282 F. 138, 148 (2d Cir.1922) (holding that "a writ of habeas corpus cannot be used to review the weight of evidence..."), aff'd, 263 U.S. 255 (1923)).
E. Jurisdictionally Defective Indictment (Ground F(1.), Attachment to Petition, pp. 11-12)
Petitioner contends that count six of the indictment, which charged him with third-degree criminal possession of a weapon, was jurisdictionally defective because it did not specifically articulate that he possessed a firearm outside his home or place or business. Petitioner also challenges count five of the indictment, charging him with second-degree criminal possession of a weapon, on the basis that it did not specify that the weapon was operable. Respondent argues that this claim is unexhausted because it was not raised in state court as a stand-alone claim, although Petitioner did assert in his C.P.L. § 440.10 motion that trial counsel was ineffective for failing to challenge the jurisdictional sufficiency of the indictment on the above-mentioned grounds. Respondent argues that raising the defective-indictment claim as a predicate for ineffective assistance of trial counsel was insufficient to fairly present the claim to the state courts for exhaustion purposes. See Picard v. Connor, 404 U.S. 270, 275-76 (1971) ("emphasiz[ing] that [for purposes of exhaustion] the federal claim must be fairly presented to the state courts"; this means that "the state prisoner [is] required to present the state courts with the same claim he urges upon the federal courts") (citations omitted).
"As courts in this circuit have consistently recognized, an ineffective assistance claim is an insufficient vehicle for exhausting the underlying allegations when those allegations are asserted for the first time as separate claims on habeas." Hall v. Phillips, No. 04-CV-1514 (NGG)(VVP), 2007 WL 2156656, at *5 (E.D.N.Y. July 25, 2007) (citing Bond v. Walker, 68 F.Supp.2d 287, 296 (S.D.N.Y. 1999) ("An ineffective assistance claim is separate and distinct from the substantive claim incorporated in the ineffective assistance claim, such that exhaustion of the ineffective assistance claim is not exhaustion of the underlying substantive claim."); Reed v. Strack, No. 97 CV 2513, 1999 WL 187422, at *3 (E.D.N.Y. Mar. 25, 1999) (similar) (citing Levasseur v. Pepe, 70 F.3d 187, 192 (1st Cir. 1995)) (additional citation omitted)); see also Turner v. Artuz, 262 F.3d 118, 123 (2d Cir. 2001) (where petitioner challenged effectiveness of appellate counsel in a coram nobis motion, petitioner exhausted only his ineffectiveness claim, and not the claims underlying the ineffectiveness claim).
If a habeas claim has "never been presented to a state court, a federal court may theoretically find that there is an absence of available State corrective process' under § 2254(b)(1)(B)(I) if it is clear that the unexhausted claim is procedurally barred by state law and, as such, its presentation in the state forum would be futile." Aparicio v. Artus, 269 F.3d 78, 90 (2d Cir. 2001) (quotation omitted). That is the case here. Petitioner already has used the one direct appeal to which was entitled. See, e.g., Cunningham v. Conway, 717 F.Supp.2d 339, 365 (W.D.N.Y. 2010) (citing N.Y. R. CT. §§ 500.20(a)(2), (d); N.Y. Crim. Proc. Law § 460.10(5); collecting cases). Collateral review in a motion to vacate pursuant to C.P.L. § 440.10(2)(c) is also barred because "sufficient facts appear on the record of the proceedings underlying the judgment" to have permitted him to raise the claims on direct appeal. See N.Y. Crim. Proc. Law § 440.10(2)(c) (mandating denial if sufficient facts appeared on the record to have permitted direct review but defendant unjustifiably failed to raise claim on direct appeal). Although Petitioner's jurisdictionally defective indictment claim must be deemed exhausted because he has no available remedies in state court, this forfeiture of the claim creates a procedural bar to this Court's review of the claim's merits. E.g., Gray v. Netherland, 518 U.S. 152, 162 (1996) (state procedural bar which gives rise to exhaustion provides an independent and adequate state-law ground for conviction and sentence, and thus prevents federal habeas corpus review of defaulted claim, unless petitioner can demonstrate cause and prejudice for default). Here, Petitioner has not alleged cause or prejudice, and the Court has found neither on the record before it. Furthermore, Petitioner has not made the factual showing of "actual innocence" necessary to warrant the "fundamental miscarriage of justice" exception to the procedural default rule. See Murray v. Carrier, 477 U.S. 478, 496 (1986). Accordingly, the Court finds that the procedural default remains unexcused. Petitioner's jurisdictionally defective indictment claim is dismissed on that basis.
F. Erroneous Jury Charge and Inconsistency of the Verdicts (Ground F(2.), Attachment to Petition, p. 12; Ground G, Attachment to Petition, pp. 12-16)
Petitioner asserts the following interrelated claims: the trial court's jury instructions regarding the offense of criminal facilitation were incorrect, thereby leading the jury to inconsistent verdicts (i.e., guilty verdicts on the criminal facilitation and manslaughter charges, and a not guilty verdict on the second-degree murder charge). Respondent argues that these claims were never raised in any state court proceeding, and therefore are unexhausted. Petitioner has not responded to Respondent's non-exhaustion argument.
Petitioner's claim that the verdicts were inconsistent is easily disposed of on the basis of non-cognizability. The Supreme Court has held that "[i]nconsistency in a verdict is not a sufficient reason for setting it aside." Harris v. Rivera, 454 U.S. 339, 345 (1981).
As to Petitioner's claim regarding the allegedly erroneous criminal facilitation jury instruction, the Court agrees that it is unexhausted, having never been presented to the state courts for review. However, it must be deemed exhausted because Petitioner faces the absence of remedies in state court. He has already used the one direct appeal to which he is entitled, and because this is a record-based claim, it would be subject to mandatory dismissal under C.P.L. § 440.10(2)(c) if raised in a collateral motion to vacate the judgment. See Section III.E, supra. The circumstances giving rise to the construction exhaustion of this claim also create a procedural bar to this Court hearing the merits of the claim. As discussed above, Petitioner has not attempted to show cause and prejudice, or that a fundamental miscarriage of justice will occur if this claim is not reviewed on the merits in this proceeding. Accordingly, the Court dismisses it as subject to an unexcused procedural default.
G. Harsh and Excessive Sentence (Ground E, Attachment to Petition, p. 11)
Petitioner asserts on direct appeal, that his sentence of 25 years on the manslaughter conviction was grossly unfair given that Petitioner did not shoot Scott, and the shooter, Nix, was allowed to plead guilty to manslaughter as a juvenile offender and receive a sentence of 3 to 10 years. Petitioner requested that the Appellate Division exercise its discretionary authority under state law to review factual questions and impose a lesser term of imprisonment. The Appellate Division declined to do so, finding that "the sentence is not unduly harsh or severe." Chapman, 30 A.D.3d at 1002.
The Second Circuit has stated that no federal constitutional issue amenable to habeas review is presented where, as here, the sentence is within the range prescribed by state law. White v. Keane, 969 F.2d 1381, 1383 (2d Cir. 1992) (citation omitted). Petitioner received the maximum sentence possible on his conviction for first-degree manslaughter, but he does not and cannot argue that his sentence was outside than appropriate statutory range. In short, his claim that the trial court abused its discretion in sentencing does not present a question of federal constitutional magnitude, and is dismissed. See, e.g., Horton v. Ercole, 557 F.Supp.2d 308, 325 (N.D.N.Y. 2008) ("Horton's claim that the trial court abused its discretion when it imposed the maximum sentence because he was twenty-one years old and he was a first time offender' is not a federal claim subject to review by a habeas court because judges have the authority to exercise broad discretion when imposing sentences.") (citing, inter alia, Fielding v. LeFevre, 548 F.2d 1102, 1109 (2d Cir. 1977); footnote omitted).
IV. Conclusion
For the reasons discussed above, the petition (Dkt. #1) is dismissed. As Petitioner has failed to make a substantial showing of a denial of a constitutional right, no certificate of appealability will issue. See 28 U.S.C. § 2253(c)(2). Petitioner must file any notice of appeal with the Clerk's Office, United States District Court, Western District of New York, within thirty (30) days of the date of judgment in this action.
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- Anonimo
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The hostel is new and confortable, but looks more like a hotel: no kitchen, no common room and no backpacker atmosphere. During my stay there some guys from my room stole my tablet (which I by mistake left on the top of my bed), that finally appeared. When I told the staff about my problem the reaction of most of them was willing to help, but I didn't like the reaction of the boss: he suggested in bad manners that I should be living the room because my check-out time was already over.
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Grants of up to $2,000 to Vermont local, community-based nonprofit organizations, schools and municipalities for programs in the areas of social services, culture, recreation, arts, and community celebrations. Priorities include the following:
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Grants to Montpelier, Vermont individuals for programs that conserve lands and waters within the City for agricultural, forest, wildlife, recreational or natural area use. Funding uses may include but are not limited to purchase (or assistance in th... GrantWatch ID#: 166325
Grants ranging from $250 to $1,000 to Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont nonprofit community-based organizations engaged in environmental work. Requests are considered from groups launching new projects or ev... GrantWatch ID#: 165094
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Boys Navy Blue Cotton Jersey Tiger Print Top
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Boys navy blue tiger print top from Esprit. Made in soft cotton and viscose jersey, the front has a neon orange tiger and 'Big Frank's Racershop' print on the front in a textured, rubber feel.
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By Goher Iqbal Punn – Film Critic, Music Reviewer & Entertainment Analyst – Showbiz Bites
Sanjay Dutt is back in action. Yes, the macho man of Bollywood industry has returned to work, as he shot for his first as commercial last Friday. The reports have it that the actor simply loved the work. The shoot was done in Madh Island. It was a commercial for the vest. Dutt reached the place before time and was looking in his best. The team members wanted to take pictures with the actor and some wanted autographs as well. Sanjay obliged all of them. He interacted with all from lightmen to helpers.
Sanjay winded up the shoot before time and bonded with the children who were out there and were part of the shoot.
Sanjay Dutt has been in news since the time he came out of prison.
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Discussion in 'iTunes App Store Games & Apps' started by shortperson1026, Nov 16, 2008.
get it while you can I'm on my iPod and I'll post a screeny later
thx! Downloading now.
Demo is still there Please Register or Log in to view images .
Now you can decide:
get for free:
a game with 4 lvls (demo/lite version)
a game with more then 4 lvls (full version)
Please Register or Log in to view images
Says it's being modified now so probably won't be free anymore. I always just miss the free stuff. Please Register or Log in to view images
in austria it sys too, but i think it will get free i think? at least it says that full version is free...
Same thing happened with Trism a while back...it was never free. It showed up as free while it was being modified but no one was able to get it.
Once it's done being modified, it will be back at it's regular .99 price.
It's just an app store glitch
I got it last night Please Register or Log in to view images
What is it?
EDIT: Oh, http://www.youtube.com/watch?v=1XGEvK63KKc.
Damn it, i just missed it. Oh well, i guess i'll have to wait until nest time.
This is post 1111
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City Kickball is an adult 21 & over Co-Ed social athletic organization.
We play sports the way it was meant to be, FUN!
Join as an individual or with your friends, no tryouts necessary, were all about being social
Weather Line: 641-715-3900 ext 537274# (updated after 5:30 on games days)
Boynton Beach, Florida Spring Kickball:
Tuesday Night Adult Coed Kickball
- Next season begins in 2017
- Official League Bar: Carolina Ale House
- 6 week season including season ending tournament
Boynton Kickball is a City Kickball League that plays in the evenings on the softball fields at Caloosa Park in Boynton Beach. It is centrally located and easy to get to from all directions. Game times rotate weekly with 7 & 8pm start times. The season completes with an exciting single elimination tournament and the league champions receive awards.
Great reasons to join us:
- Seasons length vary, see individual seasons details for game dates
- We not only play kickball but we have social events and a lifetime of new friends that you will meet from our social organization
- Your registration includes a "Dry Blend" team shirt that you get to keep
- On-site league manager
- After the games the fun continues at our official league bar with player discounts & lots of laughs
- Fun parties and social events during and in-between seasons
Frequently Asked Questions:
1) If I join with my friends can we be kept together on the same team?
Absolutely yes.
2) If I join as an individual or "free agent" do I have to try out to get placed on a team?
Absolutely not, we warmly welcome those who are new to town or just want to check us out.
3) Is this a super competitive league.
Absolutely not, we do have players of all skill levels and the teams and game schedules are designed with that in mind while keeping it social
4) I'm mostly looking to meet some new friends, is this the place to be?
Absolutely yes, get ready to meet your new bff's.
5) What happens if it rains on game night?
You get wet, However for bad weather we will cancel and reschedule the game.
* View all the faq's here.
Basic Game Rules: in case you forgot from elementary school
* Each team will field 8 people minimum, 11 maximum & always have of 4 of each sex, that's right we are coed
* Everyone has to kick but does not have to play in the field
* Guys must be gentlemen and pitch nicely to the ladies
* Games are 6 innings or one hour, which ever comes first
* Regular season games can end in a tie
* 3 strikes or 3 fouls is an out
* 8 fielders minimum & 11 maximum
* Any kick below the waste is a fair kick
* Players are required to have fun
* After the games the fun continues at our nearby official league bar


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Vitor Belfort vs. Rich Franklin headlines UFC 103 this Saturday, Sept. 19, 2009, in Dallas, Texas. Other fights on this card detailed in this Countdown episode include Mirko Cro Cop vs. Junior Dos Santos and Frank Trigg vs. Josh Koscheck. ... Read More »
Category Archives: Rich FranklinFeed Subscription<
UFC 103 in-depth preview (video)
Here is an in-depth look at "UFC 103: Franklin vs. Belfort" headlined by former UFC middleweight champ Rich Franklin taking on Vitor Belfort at a catch-weight of 195 lbs. The fight between Junior Dos Santos vs. Mirko Cro Cop is ... Read More »
Rich Franklin will Headline UFC 103 Against Vitor Belfort
Although the UFC originally announced that the main event of UFC 103 would pit Rich Franklin against Dan Henderson for the second time, now the UFC has announced that Franklin will take on Vitor Belfort instead. The former UFC light ... Read More »
Rich Franklin vs. Dan Henderson 2 headlines UFC 103
The UFC announced today that a rematch between Rich "Ace" Franklin (25-4) and Dan Henderson (25-7) will be the main event for UFC 103 at the American Airlines Center in Dallas, Texas, on September 19th. The first bout between the ... Read More »
Rich Franklin joins the MMA live panel to discuss the results of 'TUF 9' Finale, Strikeforce Challengers, and Bellator XII. In addition, Bobby Lashley joins the program to talk about his upcoming fight against Bob Sapp and Bellator C.E.O Bjorn ... Read More »
UFC 99 post-fight press conference video
Here is the complete UFC 99 post-fight press conference from Germany. Dana White announced the live gate as $1.3 million with 12,854 fans in attendance, and they broke the Lanxess Arena merchandise record. Also announced were the $60,000 bonuses for ... Read More »
"UFC 99: The Comeback" live results & play-by-play
"UFC 99: The Comeback" takes place Saturday, June 13, 2009 in Cologne, Germany. As always, PRO MMA (promma.info) is providing live round-by-round updates and results. Due to the time difference, the pay-per-view portion of the card starts in the U.S. ... Read More »
"UFC 99: The Comeback" weigh-in results
The weigh-ins for "UFC 99: The Comeback" took place today in Cologne, Germany. We streamed the weigh-ins live right here at PRO MMA (promma.info) and we will also be streaming the post-fight press conference following UFC 99 on Saturday, June ... Read More »
UFC 99 live weigh-ins broadcast
The UFC 99 live weigh-ins broadcast from Cologne, Germany will begin this morning (Friday, June 12) at 10:00 AM ET/7:00 AM PT for those of us here in the States. PRO MMA (promma.info) will be streaming a live feed of ... Read More »
"UFC 99: The Comeback" betting odds
UFC 99: THE COMEBACK takes place this coming Saturday, June 13, at Lanxess Arena in Cologne, Germany. Headlining the card will be former UFC Middleweight Champion Rich Franklin taking on former Pride Middleweight Champion Wanderlei Silva. According to the betting odds ... Read More »
UFC 99 conference call with Franklin, Silva, Hardy, Davis
Rich Franklin, Wanderlei Silva, Marcus Davis, and Dan Hardy were on Tuesday's UFC 99: THE COMEBACK media conference call. Highlights include the UFC's feeling on the public perception of MMA in Germany, the guys weighing in on Kimbo Slice being ... Read More »
Rich Franklin looking toward a future title shot
With the right fights, Rich Franklin believes he could be as few as just a couple of fights away from a shot at the UFC Light Heavyweight Title. Rich talks about his upcoming fight with Wanderlei Silva set for UFC ... Read More »
UFC 99 in-depth preview (video)
Question: What looks like a St. Patrick's Day gift shop exploded? Watch this in-depth preview of "UFC 99: The Comeback" to find out. This UFC 99 preview highlights the main event fight between Rich Franklin and Wanderlei Silva and why ... Read More »


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Join us for May's OD Network Chair Chat where you will learn about the latest developments within the Network, make new member connections, and have the opportunity to ask OD-related questions important to you. You will get instant advice and feedback from the OD Network leadership and your peers.
We have modified the Chair Chat Agenda to enhance this new, exciting program.
The new Agenda will provide more discussion time on the latest news within the Network, accomplishments, short-term and long-term opportunities as a community, and most importantly a platform for you to share how OD Network can help you make the biggest impact.
Please join Zoe MacLeod, and I for OD Network's next Chair Chat on May 18, 2016, at 3:00 PM CT. Register today! There will be limited space available for these small group discussions.
We look forward to chatting with you.
11/11/2016Renew Your Membership
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Login/Create Account
Check Out the new Remax App
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State Spending Authority Running Out...Still No Budgetposted December 5th, 2016
The General Assembly adjourned the fall veto session last week, without any movement toward a state budget deal. Spending authority for the current stop-gap spending plan will run out before lawmakers are set to return to Springfield. University of Illinois Institute for Government and Public Affairs Director Chris Mooney says court orders will keep the state running; but they aren't a solution. Mooney tells WDCB News the situation in Illinois is unprecedented, but only because it has dragged on for 18 months. He says budget stalemates are not uncommon at the state, local, and federal levels. In fact, Mooney says almost every year, in almost every jurisdiction there is disagreement because budgets are contentious by their nature. He says there is always a limited amount of money and an almost unlimited number of problems that people want government to address. Mooney says the Governor and legislative leaders could solve the state's financial difficulty, but that will require making difficult decisions. He says the problem was created over the course of about 20 years and solving it will require a combination of tax increases and spending cuts.
ACLU-Illinois Calls For Asset Seizure Reformposted December 2nd, 2016
The American Civil Liberties Union of Illinois renewed questions about the system that allows law enforcement to seize assets. ACLU-Illinois attorney Ben Ruddell says lobbyists for police and prosecutors shot-down a modest change to the system last year. He says it's clear reforms are needed, the system seized more than $319-million in assets in the past 10 years. Ruddell tells WDCB News the civil asset seizure system is big business in Illinois. He says civil asset forfeiture is a system is premised on the idea that a crime has taken place, but doesn't require anyone ever be convicted or even charged with a crime. Ruddell says the system is rife with abuse because departments have a financial interest in taking assets. He says the current system stacks the deck against people who have assets seized. The system also can seize assets of people who didn't commit a crime or know their property was used in a crime; and it's very hard to get those items back.
Metra Ready For Winterposted December 1st, 2016
In recent years, Metra has struggled with on-time performance when the Chicago area hit with cold and snowy conditions. Don Orseno is CEO of the commuter rail service. He says the agency's done everything it can to prepare for the winter weather that will eventually descend on the region. Orseno tells WDCB News Metra's goal is to keep trains running and on time. He says the service has made huge investments in switch heaters and door modifications to rolling stock to reduce the problem of snow build up that keeps doors from working properly. Orseno says Metra really has done everything it can to be prepared for winter weather. He says even the improved heaters aren't designed to melt the chunks of snow and ice that fall from the underside of trains and clog switches. He says Metra's also worked to improve the doors on passenger cars that tend to become snow packed during winter weather.
MSI Celebrates Creativity of Maurice Sendakposted November 30th, 2016
A children's book that's captured the imaginations of readers for over five decades is the focus of a new exhibit at the Museum of Science and Industry. The traveling exhibit, WHERE THE WILD THINGS ARE – THE WORKS OF MAURICE SENDAK recently arrived in Chicago. The exhibit features never-before-seen drawings and early sketches from Sendak's archives. Museum of Science and Industry manager of special exhibits Jeff Buonomo tells WDCB News Where The Wild Things Are is a timeless classic that appeals to a wide audience. He says it's a multi-generational exhibit with parents...grand parents and children all being familiar with the book. Buonomo says many people aren't familiar with the man behind the book; but when you say the title, there is an imediate recognition. "Where The Wild Things Are: The Works of Maurice Sendak will be on display through February 20th.
Coalition Changes Opposition to Support For Exelon Billposted November 30th, 2016
A coalition of environmental groups, consumer advocates, and others put its support behind legislation to prop up nuclear power in Illinois. The Illinois Clean Jobs Coalition endorsed a proposal that would give Exelon a subsidy to keep it Clinton and Quad Cities nuclear power plants open. Dave Kolata is Executive Director of the Citizens Utility Board. The consumer group is frequently at odds with the power company. But Kolata tells WDCB News changes to the 'Future Energy Jobs Bill' put CUB and Exelon on the same side of a fight. He says CUB is part of the Clean Jobs Coalition. The group that includes hundreds of groups from the Illinois Sierra Club, the Environmental Defense Fund, and other consumer groups voted to support where the legislation is right now. Kolata says the legislation is going to lead to savings for consumers and the coalition thinks critics of the bill are wrong. Illinois AARP continues to oppose the plan. It says the bill subsidizes a profitable industry on the back of consumers. Kolata says the proposal now includes a variety of energy efficiency measures that will ultimately save consumers on their monthly electric bill.


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These stylish and comfortable belts are the perfect accessories for any avid outdoorsman or -woman. Constructed with full grain leather, 100% cotton webbing, a brass buckle and woven ribbon, they provide an attractive and casual look while out on your boat fishing or for everyday use. Made in USA.
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Hepcat Entertainment
1020 Willow Creek Cir Alabaster, Alabama 35007(205) 337-8548
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AboutHepcat Entertainment is located at the address 1020 Willow Creek Cir in Alabaster, Alabama 35007. They can be contacted via phone at (205) 337-8548 for pricing, hours and directions.
Hepcat Entertainment has an annual sales volume of 501K - 999,999. .
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What Is The Atkins Diet?
In 1972 the Atkins Diet was introduced by Dr. Robert Atkins who was a cardiologist. The diet came about when Mr. Atkins read about a diet in a medical journal and then he took the diet and tweaked it and tried it on himself and he lost weight and th…Read more ›


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Microsoft spends money on projects for innovation and research and development, yet little of that work is turned into consumer products, Adam Hartung writes. "Microsoft has been horrible at effectively moving truly new products from development to the marketplace," Hartung writes. One problem, he writes, is its failure to use "white space teams," which Hartung defines as unconstrained, dedicated employees tasked with turning innovative ideas into commercially viable products.
Full Story:Forbes


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85 Old Tully Rd, San Jose, CA 95111Request info Add to list
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Dave E.
Company: requires Pro account
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- Available Spaces
|Space Type
|Industrial Space
|For lease: $1.25/sqft
|7,200 sqft
Heavy industrial zoning. Concrete block building. Can combine with additional 1.09 acres. Asking $15,000 GR for full site. Fully fenced. Tour... show more »
Building Details:
85 Old Tully Rd is an industrial property for lease in San Jose, CA. The property currently has 1 industrial space for lease and is marketed by Colliers International.
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Passionfruit Souffles
Total Time
Prep 15 mins
Cook 12 mins
From Skinny Food, The Australian Women's Weekly. You'll need four large passionfruit for this recipe. 2.9g fat and 212 cal per serving.
Ingredients Nutrition
4 4 soufflés US
- 1 tablespoon caster sugar
- 2 egg yolks
- 1⁄3 cup fresh passion fruit pulp
- 2 tablespoons Cointreau liqueur
- 1⁄2 cup icing sugar
- 4 egg whites
- 2 teaspoons icing sugar
- Preheat oven to moderate.
- Lightly grease four 1-cup (250ml) oven proof dishes/ramekins.
- Sprinkle insides of dishes even with caster sugar; shake away excess. Place dishes on oven tray.
- Whisk yolks, passionfruit pulp, liqueur and 2 tablespoons of the icing sugar in large bowl until mixture is combined.
- Beat egg whites in small bowl with electric mixer until soft peaks form.
- Gradually add remaining icing suagar, beat until firm peaks form.
- Gently fold egg white mixture, in two batches, into passionfruit mixture; divide mixture among prepared ramekins/dishes.
- Bake, uncovered, in moderate oven about 12 minutes or until soufflés are puffed and browned lightly.
- Dust tops with extra sifted icing sugar; serve immediately.


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Cons: Ageing of the ship and lack of service of most (not all) employees
Recommends Celebrity Millennium? No.
Port Ratings
Click table then swipe to view all columns.
Click table then swipe to view all columns.
|Vancouver (Canada Place), British Columbia
|Astoria, Oregon
|Nice people but not much to see or do.
|Victoria, British Columbia
Don't Miss: bushart gardens
|Seattle, Washington
|Juneau, Alaska
|Sitka, Alaska
Nothing there and the excursion we took was on a boat to view wildlife...only it was freezing and raining and cold...couldn't see a thing..VERY uncomfortable..we should have been given an opprunity to cancel because of the weather.
Don't Miss: stay on the ship!
|Skagway, Alaska
|Bus to the pass and the train ride back...excellent!
|Ketchikan, Alaska


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mimi side table$143.20
- A round side table
- Designed by Antonino Sciortino
- Unique, lightly textured finish
Each 'Mimi' side table gives off the feeling of a sculpture, and through their artistic finishing touch (painted with brushes and polished), they preserve the soul that designer aimed to give them.
They will perfectly suit countless interiors thanks to their pure forms and 'vintage' tinted look and finish.
Low is 45 cm diameter x 35 cm high
Tall is 45 cm diameter x 45 cm high
The finish is intentionally imperfect and some soft edges and brush strokes are visible in the finish of this table. This is not a fault.
Free pick up by appointment
Free delivery Australia wide
+ International delivery available


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For sale by Intimate Lanka (Pvt) Ltd MEMBER26 Oct 8:35 amDivulapitiya, Gampaha
For immediate sale! Is in Brand New condition
Eco drive
Standard Options: Full Option, Auto transmission
Additional features:
Original CD player
Remote key
Door visor
Call the above contact number inspection and/or test drive
Price will be only negotiated after the inspection.
Stay safe!
Watch out for:
Drive Your Dream Vehicle
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1300 190th Avenue, Balsam Lake WI, 54810
Sold Price:
3 beds , 1 Full/1 Three-Qtr baths
2,512 sqft
Status: Sold
Listing Provided Courtesy Of: Art Anderson Realty
Real Living First Realty
Last Updated: 12/3/2016 1:51 PM
Description for 1300 190th Avenue Balsam Lake, WI 54810
3 bdr, 2 bath home in the country on 9.86 acres, 1 mile to Balsam Lake landing, 2.5 miles to Half Moon beach, 3.5 miles to Unity School. In-floor heat,new this year forced air furnace, 8x20 screened porch, 8x25 deck over the walkout. Great location!!!
Sold Price:
Sold Date:12/16/2015
1 Full/1 Three-Qtr
2,512 (approx)
3 bdr, 2 bath home in the country on 9.86 acres, 1 mile to Balsam Lake landing, 2.5 miles to Half Moon beach, 3.5 miles to Unity School. In-floor heat,new this year forced air furnace, 8x20 screened porch, 8x25 deck over the walkout. Great location!!!
Listing Information
2,512 Sq. Ft. (approx)
School Information
Room Information
Main Level, Lower Level
Kitchen/Dining Room
Main Floor Laundry
Main Floor Full Bath, 3/4 Basement
Interior Features
1,280 Sq. Ft. Above Ground ,1,232 Sq. Ft. Below Ground
Range, Exhaust Fan/Hood, Dishwasher, Refrigerator, Washer, Dryer, Water Softener - Owned
Propane, Radiant In-Floor, Forced Air
Walkout, Full, Finished (Livable)
Kitchen Window, Washer/Dryer Hookup
Exterior / Lot Features
2 Garage Spaces, Detached Garage, Driveway - Gravel, Garage Door Opener
Asphalt, Age Over 8 Years
Road Frontage- County. Irregular Lot
Driving Directions
Hwy 46 North of Balsam Lake, East on 200th Ave., South on 140th St., then East on 191 Ave. turns into 190th Ave.
Financial Considerations
FHA, DVA, Conventional, Cash
Balsam Lake Real Estate
Balsam Lake is located in Wisconsin. Balsam Lake, Wisconsin 54810 has a population of 949.
The median household income in Balsam Lake, Wisconsin 54810 is $41,691. The median household income for the surrounding county is $49,595 compared to the national median of $53,046. The median age of people living in Balsam Lake 54810 is 41.2 years.
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"A Trail to the West": Riding under an alias, Bowdrie joins up with Queen's ruthless gang to rescue the pretty niece of a powerful Texas judge. But when Queen discovers the lawman's true identity, Bowdrie must do some fast thinking and even faster shooting to beat the odds - five guns to one!
"Love and the Cactus Kid": Folks far and wide know that the Cactus Kid can handle a pistol with the best of them. But for all his skill and coolness under fire, there's just one small weakness he can't seem to overcome - and it may prove the death of him.
"Medicine Ground": The Cactus Kid is on his way to the spring dance to meet his best girl, Bess O'Neal. As the Kid ambles through the lonely mountain trail toward town, two men emerge from the darkness - Miguel and Lobo Fernandez, of the menacing Fernandez brothers. And what they want from the Cactus Kid is vengeance.
©1982 Louis L'Amour (P)2013 Random House Audio
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|Page (1) of 1 - 02/06/06
|email article
|print page
JVC Unveils New Home Theater HD ProjectorThe DLA-HD10K 3 Chip D-ILA Projector Produces High Definition (February 06, 2006)
JVC PROFESSIONAL PRODUCTS COMPANY today announced the introduction of the DLA-HD10K to continue its mission in providing the highest quality home theater projectors for the custom installation market, post-production studios and home theater enthusiasts. This flagship product is the latest addition to JVC's family of high-definition, ultra high-resolution home theater projection systems featuring its proprietary 3-chip Direct Drive Image Light Amplifier (D-ILAT) technology, an advanced form of Liquid Crystal on Silicon (LCOS) that is capable of greater pixel density than competing technologies such as DLP or LCD.
The DLA-HD10K offers native1920x1080 resolution and utilizes 'non-moving' mirror reflective technology to produce smooth, high-resolution images, which boast vibrant color and incredible detail as seen on big-screen Hollywood films. In addition, the high-resolution lenses have motorized zoom and focus with a 0-60% vertical offset.
The DLA-HD10K is available in two models to accommodate the wide variety of theater sizes. A long throw with a lens throw distance of 2-3.8:1, which accommodates placement of the projector at the back of the theater. When shown on a 10-foot screen, the projector could be placed anywhere from 20 to 38 feet from the screen. A short throw model that has a lens throw distance of 1.5 - 2.0:1, which enables the projector to be used for CRT replacement or even rear screen applications.
The projector's optical engine design delivers a 2500:1 high contrast ratio for deep rich cinema-quality blacks with smooth gradations. The case has been designed to have no stray light leakage to eliminate any distraction from the viewing experience. Its advanced airflow design provides optimum cooling and allows for quiet operation at 27db noise level.
Like all JVC projectors, the DLA-HD10K's standard D65 color temperature ensures accurate color reproduction of video or film-originated programming and has low operation costs. Its user-replaceable lamp lasts 2000 hours and costs less than $500 - far less than competing models.
This DLA-HD10K accepts the signal input via a DVI-D connector at 1080p 48 / 50 / 60(59.94) [Hz] only. JVC is currently working with Faroudja, Silicon Optix and Anchor Bay Technologies to supply a choice of three different external digital signal processor packages with this model.
The DLA-HD10K's compact, sleek design and two-piece installation was designed for ease of setup to accommodate a variety of installations. The DLA-HD10K is also a perfect solution where high resolution/high quality graphics generation are the focus, including command and control, digital signage, multi-screen panoramas, digital intermediates and high-resolution surveillance.
The suggested list price for the DLA-HD10K is $24,995. For a direct link to the product, please visit the following link:
JVC PROFESSIONAL PRODUCTS COMPANY, located in Wayne, New Jersey, is a leading manufacturer and distributor of a complete line of broadcast and professional equipment. For more information about this, or any other JVC PROFESSIONAL PRODUCTS COMPANY product, contact JVC at (800) 582-5825; or Candace Vadnais at PFS Marketwyse 973-812-8883, ext. 430 or visit JVC's Web site at http://pro.jvc.com/.
Page: 1
Related Keywords:DLA-HD10K, hd projector, jvc pro


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US EPA Agrees not to require Stormwater Permits on Logging Roads. This past week, the US EPA filed a Notice of Intent not to require Stormwater Discharge Permits on Logging Roads and will continue to use State Best Management Practices approaches to controlling sedimentation from logging roads and harvest operations. However, it remains important to get legislation passed to insure future legal certainty that these approaches work on silvicultural operations across the county. You can read a statement from the National Alliance of Forest Owners on the issue and the continued importance of moving ahead with legislation.
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12/7/2016Chainsaw Level 1
12/8/2016Best Management Practices
12/14/2016Northeastern Ohio Loggers Chapter Meeting
12/14/2016Southeastern Ohio Loggers Chapter Meeting
1/10/2017Southern Ohio Loggers Chapter Meeting
2/12/2016OFA Member Jeremy Scherf Named National Outstanding Tree Farm Inspector of the Year
2/9/2016New OFA Executive Director!
11/23/2015OFAF Accepting 2016 Scholarship Applications
4/2/2015Northern Long Eared Bat "threatened"
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Rays add to bullpen options with Rule 5 pick Kevin Gadea
The Rays added a candidate for a spot in their bullpen, selecting RHP Kevin Gadea from the Mariners in today's Rule 5 draft.
Gadea, 22, has only pitched as high as the Class A level, but the Rays believe the converted infielder has a chance to make the big jump to the big leagues, as he has to stay on the roster.
"Our scouts saw him really good and we're excited to add him,'' Rays director of baseball development Peter Bendix said. "We saw him well throughout the season. He missed a lot of bats. We think he has a chance to help us in the bullpen. We'll take him into spring training and kind of see what we have. He's a young guy and there's a lot of long-term potential there.''
Gadea, primarily a fastball-changeup pitcher, was a combined 4-1, 2.36 in 15 games between the Mariners rookie-league team in Arizona and the Clinton team in the Midwest League. He was an infielder in his native Nicaragua and signed in Nov. 2012 as a pitcher.
The Rays paid $100,000 to take him and have to keep him in the majors all season, or offer him back to the Mariners and then put him through waivers. …Full Story


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Top 10 Cutest Animal Crossing Characters
The Contenders: Page 5XW
Bree is so adorable. My sister has her and my sister wants to know who has stiches. So please just let me know.V1 Comment
Main female movie name
Peppy villagers are so irritating...
They are basically tiny Tom Nooks. So cute
I like the smaller one, I can't remember his name though.V2 Comments
She is so pretty and cute! A calico kitty cat with funny but cute eyes! And she's a snooty villager but she's actually really nice! She is my bff and she is so awesome!
Should be number 1! He is so hot. his name should be hotrod! Laugh out loud (: I wish he was in my town...
He moved away from my Wild World town he was my fave villager I miss him. :(V1 Comment
My friend has Scoot. SCOOT IS SO DARN ADORABLE!
I think she's only in GameCube but SHE'S SO CUTE LOOK AT HER EYES!
She's more pretty than cute. Anyway her body just makes you wanna cuddle her forever.
I walk into Graciegrace and Labelle greets me and I'm like SHE'S ADORABLE!
Best penguin ever. He's so cute and I love his personality
ADORBS PENGUIN! He is so cute! His eyes are really big and round and cute. His icon picture is him smiling so you can't see the eyes. But... CUTEST PENGUIN EVER!V2 Comments
Who doesn't love a ninja samurai punk bunny?V2 Comments
A brown duck who can easily make you want to HUG HIM UNTIL HE SUFFOCATES!
I really want pompom so badly and I was wondering if you would like to sell to me. So just let me know how much I can get it for.
She is a good villager but she is mean in wild worldV1 Comment
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List StatsUpdated 7 Dec 2016
142 listings
3 years, 268 days old
Top Remixes
2. Lily
3. Stitches
2. Twiggy
3. Bluebear
2. Lopez
3. Chief


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Pope Saint Pius X
Pope Saint Pius X: PASCENDI DOMINICI GREGIS
To the Patriarchs, Primates, Archbishops, Bishops
and other Local Ordinaries in Peace
and Communion with the Apostolic See.
Venerable Brethren, Health and Apostolic Benediction.
The office divinely committed to Us of feeding the Lord's flock has especially this duty assigned to it by Christ, namely, to guard with the greatest vigilance the deposit of the faith delivered to the saints, rejecting the profane novelties of words and oppositions of knowledge falsely so called. There has never been a time when this watchfulness of the supreme pastor was not necessary to the Catholic body; for, owing to the efforts of the enemy of the human race, there have never been lacking "men speaking perverse things" (Acts xx. 30), "vain talkers and seducers" (Tit. i. 10), "erring and driving into error" (2 Tim. iii. 13). Still it must be confessed that the number of the enemies of the cross of Christ has in these last days increased exceedingly, who are striving, by arts, entirely new and full of subtlety, to destroy the vital energy of the Church, and, if they can, to overthrow utterly Christ's kingdom itself. Wherefore We may no longer be silent, lest We should seem to fail in Our most sacred duty, and lest the kindness that, in the hope of wiser counsels, We have hitherto shown them, should be attributed to forgetfulness of Our office.
Gravity of the Situation
2. That We make no delay in this matter is rendered necessary especially by the fact that the partisans of error are to be sought not only among the Church's open enemies; they lie hid, a thing to be deeply deplored and feared, in her very bosom and heart, and are the more mischievous, the less conspicuously they appear. We allude, Venerable Brethren, to many who belong to the Catholic laity, nay, and this is far more lamentable, to the ranks of the priesthood itself, who, feigning a love for the Church, lacking the firm protection of philosophy and theology, nay more, thoroughly imbued with the poisonous doctrines taught by the enemies of the Church, and lost to all sense of modesty, vaunt themselves as reformers of the Church; and, forming more boldly into line of attack, assail all that is most sacred in the work of Christ, not sparing even the person of the Divine Redeemer, whom, with sacrilegious daring, they reduce to a simple, mere man.
3. Though they express astonishment themselves, no one can justly be surprised that We number such men among the enemies of the Church, if, leaving out of consideration the internal disposition of soul, of which God alone is the judge, he is acquainted with their tenets, their manner of speech, their conduct. Nor indeed will he err in accounting them the most pernicious of all the adversaries of the Church. For as We have said, they put their designs for her ruin into operation not from without but from within; hence, the danger is present almost in the very veins and heart of the Church, whose injury is the more certain, the more intimate is their knowledge of her. Moreover they lay the axe not to the branches and shoots, but to the very root, that is, to the faith and its deepest fires. And having struck at this root of immortality, they proceed to disseminate poison through the whole tree, so that there is no part of Catholic truth from which they hold their hand, none that they do not strive to corrupt. Further, none is more skilful, none more astute than they, in the employment of a thousand noxious arts; for they double the parts of rationalist and Catholic, and this so craftily that they easily lead the unwary into error; and since audacity is their chief characteristic, there is no conclusion of any kind from which they shrink or which they do not thrust forward with pertinacity and assurance. To this must be added the fact, which indeed is well calculated to deceive souls, that they lead a life of the greatest activity, of assiduous and ardent application to every branch of learning, and that they possess, as a rule, a reputation for the strictest morality. Finally, and this almost destroys all hope of cure, their very doctrines have given such a bent to their minds, that they disdain all authority and brook no restraint; and relying upon a false conscience, they attempt to ascribe to a love of truth that which is in reality the result of pride and obstinacy.
Once indeed We had hopes of recalling them to a better sense, and to this end we first of all showed them kindness as Our children, then we treated them with severity, and at last We have had recourse, though with great reluctance, to public reproof. But you know, Venerable Brethren, how fruitless has been Our action. They bowed their head for a moment, but it was soon uplifted more arrogantly than ever. If it were a matter which concerned them alone, We might perhaps have overlooked it: but the security of the Catholic name is at stake. Wherefore, as to maintain it longer would be a crime, We must now break silence, in order to expose before the whole Church in their true colours those men who have assumed this bad disguise.
Division of the Encyclical
4. But since the Modernists (as they are commonly and rightly called) employ a very clever artifice, namely, to present their doctrines without order and systematic arrangement into one whole, scattered and disjointed one from another, so as to appear to be in doubt and uncertainty, while they are in reality firm and steadfast, it will be of advantage, Venerable Brethren, to bring their teachings together here into one group, and to point out the connexion between them, and thus to pass to an examination of the sources of the errors, and to prescribe remedies for averting the evil. Continue reading
Cardinal Gibbons and the Stormy Conclave of 1903
James Cardinal Gibbons of the Archdiocese of Baltimore was the second American cardinal and an enormously important figure both within the history of the Church in America and the history of America in general. His championing of the rights of labor in the nineteenth century helped direct America on a more peaceful path in the relationship between labor and capital than existed in many other nations. Many posts could be written about this man and I intend to write them! Today we will focus on the fact that he was the first American cardinal to participate in a papal conclave.
When Pope Leo XIII died in 1903 Cardinal Gibbons happened to be in Rome. Without that fortuitous circumstance he would most likely have not been able to participate in the subsequent Conclave. In 1914 with the death of Pope Pius X, Cardinal Gibbons boarded a rapid steamer to cross the Atlantic but arrived too late to participate in the Conclave. Thus the Conclave of 1903 was the only one Cardinal Gibbons was fated to participate in, but it certainly was a dramatic one.
The first Conclave to occur within the glare of modern media, the proceedings leaked like a sieve to eager waiting journalists, so much so that after this Conclave Pope Pius decreed that participants were to take an oath of silence as to the proceedings of all future conclaves. Continue reading
Prayer to Saint Joseph the Workman
O Glorious St. Joseph, model of all those who are devoted to labor, obtain for me the grace to work conscientiously, putting the call of duty above my natural inclinations, to work with gratitude and joy, in a spirit of penance for the remission of my sins, considering it an honor to employ and develop by means of labor the gifts received from God, to work with order, peace, moderation and patience, without ever shrinking from weariness and difficulties, to work above all with purity of intention and detachment from self, having always death before my eyes and the account that I must render of time lost, of talents wasted, of good omitted, of vain complacency in success, so fatal to the work of God. All for Jesus, all through Mary, all after thine example, O Patriarch, St. Joseph. Such shall be my watch-word in life and in death.
Pope Saint Pius X
Saint John Vianney Play To Debut In Houston
Saint John Vianney is being staged as a one-man production titled "VIANNEY" and will be debuting in the Archdiocese of Galveston-Houston on August 4, 2009 AD. This is in celebration of the 150th anniversary of the death of this patron saint of parish priests. The play will continue in other dioceses across America.
Leonardo Defilippis plays the role of Saint John Vianney as he performs at various churches across the archdiocese. Mr. Defilippis's one-man stage production opens amidst the chaos of the French Revolution, a time which mirrors the secularization, materialism and anti-religious sentiment of today. Against this dramatic backdrop, a simple ignorant peasant priest enters the backwater town of Ars, a place where no one cares much about their faith, or sees the Church as particularly relevant. They don't expect much out of John Vianney.


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Welcome to Mundo Flo! Here you'll find one-of-a-kind handmade accessories and photography, inspired by nature and urban geometries.
For more info, please read my Profile (http://www.etsy.com/people/mundoflo), About page (http://www.etsy.com/shop/mundoflo/about/) and Shop Policies (http://www.etsy.com/shop/mundoflo/policy).
Feel free to leave any question or suggestion.
Thanks for stopping by!
::: Follow :::
Blog: blog.mundoflo.com
Facebook: https://www.facebook.com/mundoflo
Welcome to Mundo Flo! Here you'll find one-of-a-kind handmade accessories and photography, inspired by nature and urban geometries.
For more info, please read my Profile (http://www.etsy.com/people/mundoflo), About page (http://www.etsy.com/shop/mundoflo/about/) and Shop Policies (http://www.etsy.com/shop/mundoflo/policy).
Feel free to leave any question or suggestion.
Thanks for stopping by!
::: Follow :::
Blog: blog.mundoflo.com
Facebook: https://www.facebook.com/mundoflo
anonym on Mar 13, 2015
I absolutely love the stylish bag, I would recommend the shop to everyone. Great quality and craftmanship, fast shipping!
Elisabetta on Feb 8, 2015
I love it! This is my second purchase and I am such a fan of your work. :)
Handmade bags and photography inspired by nature and urban geometries
I live in Leiria, Portugal, with my boyfriend, my baby daughter and cat. I divide my time between motherhood and being a designer maker, which means naps are precious. I have graduated in Biology with a master's degree in Ecology, and I'm passionate about textiles and photography, nature and simple things in life.
I use traditional techniques I've learned when I was a child, like embroidery, painting and photography to create my own patterns on fabrics I use to sew my bags. I don't follow many rules and sometimes use those techniques my own way.
I'm inspired by so many things, specially those we find in our dailylife. Nature will always be my first muse, special botany, but I'm also inspired by urban living, music, home decor and children's illustration.
My favorite part of creative process is colour and texture coordination, which are completed by the search of utility and quality. I always try to design things as useful as possible. I guess that's my eco-conscience speaking, because we collect so many futile stuff nowadays... I often upcycle materials, specially vintage pieces of fabric and buttons, making my work a little more sustainable and unique.
I don't repeat designs, each bag you buy from Mundo Flo is tottally one-of-a-kind! That's a promise!
Shop members
Adriana Oliveira
Owner, Maker, Designer, Photographer
Designer, maker, photographer and, sometimes, the model of Mundo Flo's bags.
Shop policies
Mundo Flo is my trademark to sell and promote my crafty work and photography. All items are designed, handmade and photographed by me. Every item is one-of-a-kind, made with love and taking care of every detail.
Accepted payment methods
- Accepts Etsy gift cards
- Paypal/Credit card: this is a safe and easy payment method. You don't have to own a Paypal account. Read http://www.etsy.com/storque/how-to/how-to-pay-with-a-credit-card-and-create-a-paypal-account-746/ for further details. This is payment in advance.
- Money orders are only accepted within Portugal. In that case, you will pay when you receive your package and shipping rates will be different (an extra fee of 2€). Please contact me before placing your order, so I can make you a custom list with the correct price.
- If you live in Portugal and prefer doing bank transfer, please contact me first. This is payment in advance and you have 3 days to do the transfer, otherwise the order will be cancelled.
I always contact customers to let them know when their order has been shipped.
All packages are shipped via registered mail. If you live in Portugal, I will give you a tracking number for your registered package. If you don't, we won't be able to track your order, so please let me know when you get it!
Any extra taxes, import duties or local customs that may be charged are client's responsability.
Mail deadlines:
Portugal: 1-2 working days
Europe: 3 working days
Rest of the world: 5-10 working days
If you'd prefer a faster service, please contact me before placing your order. I will let you know about shipping costs.
Please note that I cannot be responsible for delivery delays due to mailing services or customs.
I cannot be responsable for mail losses or damages during shipping. Every package is shipped through registered mail in order to prevent these situations. If your package doesn't arrive, please let me know, I will try to contact mail services.
Refunds and Exchanges
If you're not satisfied with your order, you have the right to cancel it and return your item within 14 days of reception without giving any reason. In order to do so, you must inform me of your decision to withdraw from this contract by an unequivocal statement (etsy convo, email or letter). You may use the following model withdrawal form, but it is not obligatory:
Returned item must be in its original conditions, and returning shipping costs are buyer's responsability (except if there was an error from my part.). I will refund you from all payments received from you, within 14 days from the day on which I am informed about your decision to withdraw from this contract, after I have received the goods back and confirmed they're in their original conditions.
These rules don't apply to custom made items. I might not accept retuns on custom made order, since I might not be able to sell them to someone else. If you're not satisfied with your personalized order, please let me know and maybe we can find a solution together.
Additional policies and FAQs
Each item here is one-of-a-kind, I don't repeat designs. So, if you're interested in something that is not available anymore, please consider that I can make something inspired by it, but never copy it. This means I can use the same colour range or fabric, or repeat its pattern, but surely I will change something, in order to make you feel that your item is unique, made with lots of love and specially for you! Sometimes, I might not have the same materials anymore as well, so I will try to find others that fill out the same style or mood.
If you want something different, email me and let me know what you have in mind. I love challenges! I will analyse your request, considering my availability at the moment, my skills and if your idea fits in Mundo Flo's spirit. If I refuse your order, please don't take it personally. I like to do my best and garantee maximum quality in my products. If I don't feel able to make a good job, I'd rather not start it.
Do you have a physic shop and are interested in a wholesale order? Email me and tell me your ideas.
I don't do consignement.
I would appreciate your feedback. That will help me to improve my work, as well as to let other buyers know about it.
Feel free to leave any question or sugestions.
Thank you!