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I had my fat transfer to the butt 3 days ago (3/12/15). Curious to know how long it takes for me to see the results. (Photo)
Looking at my before and after pictures, I don't see any changes,it's now been 3 days and I wanted to know will I begin to show improvement or should... READ MORE
What are the typical long term results of a Brazilian Butt Lift? How is the recovery typically handled?
I have a lot of weight and my once large, round buttocks has now become flattened and sagging. After physical training I've notice some improvement it... READ MORE
Is my butt going to change its 3 weeks now? (photos)
My doctor says you swell up like a box shape from surgery, then the shape improves dramatically with time and decreased swelling. But my butt still... READ MORE
What shapes can a Square booty with dents on sides get transformed into?
Can it become a bubble or heart or a combination of both? I don't want to have the same squarish butt with a shelf I see some girls get. Although an... READ MORE
Do I need lipo or bbl? (photos)
I'm thinking to improve my body . But I don't want to work out . So do I need lipo or bbl? I don't know why but for last month I gained like 10 lbs .... READ MORE
My BBL doesn't look right - need a 2nd round? (photos)
I'm 2 months 5 days post opp. Will my shape improve? I know I'm suppose to wait 3-6 months but I just want to know if it's healing correctly Or will I... READ MORE
Do you think a BBL might improve the texture of my buttocks skin and will make it smoother? (photos)
Thank you for your answers. I made up my mind to go ahead with BBL for a natural butt (instead of a real big one).. READ MORE
Am I a candidate for a BBL with own fat? (photos)
Im really interested in a BBL with fat transfer & not with implants. Im 5'7 Feet & weigh 143 ibs. I don't want to have a big butt, rather a... READ MORE
Can you reassure me that the BBL will change my figure for the better. Seems unbelievable.
How much of an improvement can I expect from a BBL? (photos)
My concern with my butt is it is not at all proportional to my legs. Also, the shape is too "V" looking. Can I somewhat change that? Would I be a good... READ MORE
If you have cellulite on your butt and get a Brazilian butt lift, will it get worse or better?
Not ready for scar, more than ready for major improvement; could BBL be what gives me the proportions I'm looking for? (Photos)
I'd hoped to be a candidate for mini TT with muscle repair. After consultation and learning PS advises FULL TT, I still thought I could get myself... READ MORE
Does BBL make cellulite look worse?
Does it make cellulite look worse or can in improve the appearance? I have some but if I pull the skin tighter it's more obvious so I would think... READ MORE
BBL; no thigh liposuction?
I am slim but want a subtle improvement / reshaping - there is no way I am having liposuction on my thighs, I already have stretch marks there and... READ MORE
Cellulite: Will a Brazilian butt lift help with this?
Okay, so I'm making a list of surgeries I'm going to do to improve myself (spare me the c•nty remarks of "overdoing it" or "love yourself" or w... READ MORE
Remove dents in butt cheeks after fat graft.
I had the fat grafting done for $4000.00 in Aventura and the dents are still there. I was told I need to use a vacuum pump and it should improve. I... READ MORE
Looking to greatly improve dimpling on buttocks & want BBL to correct shape/ fullness and fat grafting. Any suggestion? (photo)
I had lipo when it first came out in the early 90's on my butt and legs and was left with deep dimples. Can this be improved with grafting. Otherwise... READ MORE
Was there anyone that felt as disappointing as I am feeling 5 days after surgery?
Was there anyone that felt as disappointing as I am feeling 5 days after surgery? I came with butt and I have not seen any inlargement in myself I am... READ MORE
Can I improve my fat transfer success with any supplements?
I am about to have my BBL are there any supplements that could improve my success rate? READ MORE

subset: commoncrawl


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Stay up to date with recent advances in the NICU with Klaus and Fanaroff's Care of the High-Risk Neonate, 6th Edition. This trusted neonatology reference thoroughly covers the new guidelines, equipment, drugs, and treatments that have greatly increased the chance of survival for high-risk infants. Expert contributors deliver the information you need to stay on top of the technological and medical advances in this challenging field.
DETTAGLI PRODOTTO torna su
Titolo: Klaus and Fanaroff' s Care of the High - Risk Neonate - Expert Consult - Online and Print
Autori: Klaus - Fanaroff
Editore: Elsevier - Saunders
Volume: Unico
Edizione: VI 2012
Lingua: Inglese
Finitura: Copertina rigida
Misure: 18x24 cm
Pagine: 624
Peso: 1.5 kg


text: Honda CVTF transmission fluid For sale: car parts, spares and accessories, cars and vehicles in Lagos, Nigeria Share on Honda CVTF transmission fluid Price in Naira: NGN 14,000 Location: Other, Lagos Last update: 2015-06-13 1 comments like this listing Ad description We have for sale genuine original Honda CVTF (Continuously variable transmission fluid) suitable for Honda City and other models using the CVT technology.It comes in a 4 liters container. We deliver our products nationwide. To order call or visit http://hondacvtf.com/ ATTENTION! Do not make any advance payments to any seller on Mobofree, not even for delivery! You may get scammed by unfair seller. Please report abuse to help us stop scam! To keep yourself safe, make sure to follow our Safety tips!


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A Good Deal: No Evil 022
Round up4.31 / 5.00 1,868 Views
Park Bench
A short film about a park bench4.13 / 5.00 1,367 Views
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Why are my required fields on Ideas not showing as required?
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Having unnecessary fat in various areas of your body can have a significant effect on your health and self-confidence. While standard weight-loss through workout and diet plan is a fantastic way to lose weight overall, even the very best exercises cannot target issue areas like the stomach, inner thighs, arms, and butts. Liposuction is a time checked treatment that is used to get rid of excess fat from particular areas of the body, enabling a specific to shape and contour their body to their taste. Is liposuction right for you? Find out now.
Pros of Liposuction
There are many advantages to this cosmetic treatment, including:
• Right away obvious changes. Unlike conventional weight reduction, liposuction develops modifications that are instantly noticeable in the body. Some distinction is obvious immediately, and the preferred results are usually attained in just a couple of days.
• Proven and safe. This cosmetic procedure has actually been carried out by knowledgeable surgeons all over the world for years and the technique has actually been fine-tuned over and once again to be safe and efficient.
• Healing time is generally quick. The downtime needed after having this type of treatment is normally much less than what is needed for other types of cosmetic procedures, including abdominoplasty, breast reduction, and more. People who have had the procedure can frequently return to work far more rapidly than they prepared for and can return to living a healthy, active lifestyle.
• Weight reduction can be long-term. With the best upkeep techniques, the fat that was eliminated throughout the liposuction procedure will not return.
• Complete control over your physique. With liposuction, an individual can have complete control over how they want to look, beyond exactly what traditional diet and exercise can supply. Providing individuals this power over their bodies enhances self-esteem and aid people feel their best.
While there countless advantages to liposuction, there are naturally a couple of caveats that should be considered before making the final decision to move forward with the treatment.
Cons of Liposuction
Prior to having actually liposuction done, it is essential to examine the prospective disadvantages of the treatment and figure out if the benefits surpass the risks in your particular case. Your surgeon can assist you learn more about the risks associated with the treatment and can help you decide if progressing is the right thing for you.
• Problems with general anesthesia. Because liposuction is carried out under general anesthesia, the procedure brings the same threats as any other type of surgery where general anesthesia is used. Underlying medical conditions may enhance these dangers.
• Adverse responses. Bruising, bleeding, and discomfort are all to be anticipated, however, in rare cases can trigger more significant problems.
• The potential to gain the weight back. After having liposuction done, it is important to maintain a healthy diet plan and exercise properly as suggested by your physician. Failure to do so could result in getting back the weight that was lost or possibly a lot more.
Although there are dangers associated with liposuction, for many people, the benefits far outweigh them. Educate yourself about the treatment by having extensive conversations with your surgeon and consider how liposuction has the possible to impact you as a distinct individual. Just you and your cosmetic surgeon can figure out if liposuction will provide you with the outcomes you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Glen Ellen California
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Sun-Dried Tomato Pesto
Total Time
Prep 5 mins
Cook 0 mins
Pesto sauce that can be used to top toast or soups.
Ingredients Nutrition
- 1 garlic clove
- 1⁄2 cup of drained sun-dried tomato packed in oil, coarsely chopped
- 2 tablespoons olive oil
- 2 tablespoons of finely chopped fresh basil
- 2 tablespoons pine nuts
- salt and pepper
- In a food processor, with the motor running, add garlic clove and process until minced.
- Turn off and add tomatoes, olive oil, basil, pine nuts, salt and pepper.
- Process until a thick paste forms, adding more oil as needed.
- Refrigerate in a covered container for up to 2 weeks.


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Gorgeous metallic design. Lightest in its class. Core i5 processor is a good performer. Fast hard drive. Very good battery life.
Finicky touchpad. No ExpressCard slot
The HP Pavilion dm4-1060us is a touchpad tweak away from greatness, as it's one of the prettiest, lightest, and most powerful 14-inch laptops in the market.
(Editor's Note: HP has issued a driver fix for the touchpad issues, though all the problems haven't been resolved)The HP Pavilion dm4-1060us ($849.98 list) is covered in aluminum metal and ranks as one of the lightest, most powerful 14-inch laptops in the market. In addition, there are also multiple configurations of the dm4, ones that have switching graphicsthe HP Pavilion dm4-1063cl ($899 list, )or a faster Intel Core i5 processor and bigger batterythe HP Pavilion dm4 ($905 direct, ). This particular version, the dm4-1060us, available at Staples, is the cheapest of the three, opting for integrated graphics only and a low-end Core i5 processor. What all three have in common, though, is a multitouch touchpad that has a mind of its own.
The dm4-1060us ranks alongside the Apple MacBook Pro 13-inch (Core 2 Duo 2.4GHz) ($1,199 direct, ) and Asus U30Jc-1A ($899 list, ) as mainstream laptops with the most sex appeal. They're covered in aluminum metals and are seductively thin (about an inch thick)two characteristics that are often associated with luxurious laptops. The dm4-1060us has a darker-toned aluminum lid, whereas those of the MacBook Pro and Asus U30Jc-1A have lighter, silvery tones. And whereas the other two take a minimalist approach to decorative patterns, the dm4-1060us uses them liberally: The design is laser-etched all over the dm4-1060us's lid and palm rest area. At 4.4 pounds, the dm4-1060us is the lightest among 14-inch laptops. In comparison, the Lenovo IdeaPad Y460 ($1,049 direct, ) and Dell Inspiron 14R-1898MRB ($749 list, ) each weigh 4.9 pounds.
The 14-inch widescreen is bigger than the 13-inch ones found in the MacBook Pro 13-inch, Mac Book (Core 2 Duo 2.4GHz), and Asus U30Jc-1A, which means you have more screen real estate to work with. Still, it's a generic screen that uses a standard 1,366-by-768 resolution. If a higher resolution is absolutely essential, the HP Envy 14 (review coming shortly) can scale to a 1,600-by-900 (900p) one. HP's traditional keyboard has been replaced with a chiclet-style version that we have seen in an increasing number of laptops. All the letter keys are perfect squares and isolated from each other, and while responsive to any typing style (touch typists or hunt-and-peckers), the keyboards on the Lenovo Y460 and Dell 14R-1898MRB offer a better typing experience.
The touchpad and mouse buttons have also been redesigned, though unfortunately not for the better. It's the type of touchpad that has the mouse buttons built-in, similar to the clicking touchpad found on the MacBook Pros, except this one didn't deliver on the multitouch features. These gestures are easily triggered by a second finger, causing the cursor to jump or invoking the scrolling gesture and other multi-touch features. Using the tap feature on the touchpad (with a single finger) is a nice workaround, or you can turn these multitouch features off altogether in the mouse settings, under the Synaptic panel. HP is currently working on a driver update for the touchpad and we'll post it in this review as soon as we get our hands on it.
With 14-inch systems, you're almost guaranteed an internal optical drive. The dm4-1060us bundles a dual-layer DVD burner and still managed to keep a slim profile. It has your usual set of connectivity ports, including three USB (one of which doubles as an E-SATA port), HDMI, VGA, Ethernet, and a multimedia card reader. An ExpressCard slot is not included, though. The dm4-1060us throws in a huge 500GB hard driveand a fast spinning one (7,200rpm) at that. Meanwhile, the MacBook and the MacBook Pro 13-inch have hard drive that start with half that capacity (250GB). A fingerprint reader, a rare find on a consumer laptop, is located on top of the right palm rest.
Customers who buy this system from Staples can avail themselves of several services the retailer offers. This includes setting the new system up, data transfer from your old PC to your new one, software installation, and tech support and protection plans that range in price from $14.99 to $169.99.
The dm4-1060us takes a more conservative approach to performance than the HP dm4 and HP Pavilion dm4-1063cl, but that's not a bad thing: The dm4-1060us's Intel Core i5-430M processor and 4GB of DDR3 memory are better performers than the Core i3 processors found in the Asus U30Jc-1A and Dell 14R-1898MRB. It will wipe the floor with the Core 2 Duo processors found in the MacBook and the MacBook Pro 13-inch. In video encoding tests, the dm4-1060us scored 49 seconds, finishing ahead of the Asus U30Jc-1A (54 seconds), Dell 14R-1898MRB (54 seconds), and Macbook (1 minute 8 seconds).
For $50 more, the HP dm4 ups the Core i5's clock rate, while the HP dm4-1063cl has an ATI Mobility Radeon HD 5450 graphics card, which is a boon for gamers and HD videophiles. As a result, the dm4-1060us had a tough time keeping up with the other two in overall performance tests like PCMark Vantage (5,173) and Cinebench R10 (7,386).
In battery tests, the dm4-1060us performed well with its 55WH (6-cell) battery. Its score of 5 hours 46 minutes on MobileMark 2007 outlasted the Dell 14R-1898MRB (4:23) and Lenovo Y460 (4:52). It didn't fare as well against the Asus U30Jc-1A (8 hours) and the dm4 (6:46), both of which came with bigger batteries.
The HP Pavilion dm4-1060us is literally a touchpad tweak away from mobile bliss. It's one of the lightest, sexiest laptops in the 14-inch space and packs in a powerful processor that'll satisfy any user. Until the dm4 solves its touchpad woes, however, I would recommend the Asus U30Jc-1A for its battery prowess, 3D benefits, and sleek design.
Check out the test scores for the HP Pavilion dm4-1060us
Compare the HP Pavilion dm4-1060us with several other laptops side by side.
More laptop reviews:
Razer Blade (Late 2016) Asus Transformer Mini (T102HA-D4-GR) Apple MacBook Pro 15-Inch (2016) Apple MacBook Pro 13-Inch (2016, Touch Bar) HP ZBook Studio G3 more
PCMag may earn affiliate commissions from the shopping links included on this page. These commissions do not affect how we test, rate or review products. To find out more, read our complete terms of use.
Cisco Cheng is the Lead Analyst of the laptop team at PCMag.com. He's a one-man wrecking crew who tests and writes about anything considered a laptop (yes, even netbooks). He's been with PC Mag for over 10 years and gets occasional headaches from all the technical knowledge he has absorbed during that time. He'd still be snowboarding and playing basketball had he not been through multiple knee surgeries (well, two). Now he spends his time with Google Reader, the iPhone 3G, and his now 3-year...
More »
With its fast Core i5 processor, cutting-edge features, and best-in-class battery life, the Asus U56...
More »
The Acer Travelmate 8481T-6440 is the latest breed of business laptops that favor battery life and a...
More »
The Asus U46E-BAL6 is a mainstream laptop that caters to hardcore video editors or serious performan...
More »


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Check in from 13h / Check out prior to 12h
La Quinta Inn & Suites Tucson Airport: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Tucson, United States.
Welcoming guests with pets, this hotel is situated in Tucson and offers a Jacuzzi. It also provides a 24-hour reception, a swimming pool and meeting rooms.
Hotel description
This modern hotel offers a gym, room service and an airport shuttle. The in-house day spa provides a variety of massages and body treatments.
Each comfortable room at La Quinta Inn & Suites Tucson Airport comes with a coffee maker, a kitchenette and a spa bath, plus all the necessities for an enjoyable stay. Each one features a flat-screen TV with cable / satellite channels, as well as a private en suite.
A satisfying breakfast is prepared each morning at La Quinta Inn and Suites Airport Tucson, and there are numerous cafés and eateries nearby. Guests looking for after-dinner entertainment can visit the on-site casino.
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April 22, 2005
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.RAYMOND L. FRANKLIN, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 00-04-0768.
Before Judges Stern, Wecker and Graves.
Submitted February 1, 2005
Defendant and co-defendants Andre Cutler and Andrew Johnson were indicted for attempted murder, N.J.S.A. 2C:2-6, 2C:5-1 and 2C:11-3 (count one), second degree aggravated assault, N.J.S.A. 2C:2-6 and 2C:12-1b(1) (count two), third-degree aggravated assault on a corrections officer, N.J.S.A. 2C:2-6 and 2C:12-1b(5) (count three), second-degree attempted escape, N.J.S.A. 2C:5-1 and 2C:29-5 (count nine), and third-degree possession of implements for escape, N.J.S.A. 2C:29-6a(2) (count ten). The co-defendants were also charged in other counts apparently based on their conduct during the attempted escape.*fn1
Defendant was tried alone and convicted on all counts. The trial judge thereafter granted the State's motion to sentence defendant to an extended term as a persistent offender, N.J.S.A. 2C:44-3a, and defendant was sentenced to fifty years in the custody of the Commissioner of Corrections, with a twenty-five year period of parole ineligibility, on the attempted murder. A ten-year consecutive sentence was imposed on count nine. The conviction on second-degree aggravated assault on count two was merged into the conviction for attempted murder on count one, and concurrent sentences were imposed on the remaining counts. The aggregate sentence of sixty years imprisonment, with a twenty-five year parole ineligibility term, was made consecutive to a sentence defendant was then serving.
On this appeal, defendant argues:
ATTEMPTED MURDER MUST BE REVERSED BECAUSE THE TRIAL COURT FAILED TO INSTRUCT THE JURY WITH REGARD TO ACCOMPLICE LIABILITY ON THAT COUNT, AND THUS PRECLUDED THE JURY FROM CONSIDERING THAT DEFENDANT COULD BE FOUND GUILTY OF SECOND DEGREE OR THIRD DEGREE AGGRAVATED ASSAULT AS LESSER INCLUDED OFFENSES OF ATTEMPTED MURDER, EVEN IF HIS CO-DEFENDANTS WERE GUILTY OF ATTEMPTED MURDER. (Not Raised Below)
POINT II THE TRIAL COURT'S FAILURE TO INSTRUCT THE JURY ON THE LESSER-INCLUDED OFFENSE OF THIRD-DEGREE AGGRAVATED ASSAULT VIOLATED DEFENDANT'S FEDERAL AND STATE CONSTITUTIONAL RIGHTS TO A FAIR TRIAL. (Not Raised Below)
A. The Imposition Of A Presumptive Base Term With The Maximum Term of Parole Ineligibility Was An Abuse of Discretion
B. The Trial Court Abused Its Discretion
In Imposing A Consecutive Sentence For The Attempted Escape In a supplementary brief, defendant also argues:
EXTENDED TERM FOR ATTEMPTED MURDER, AS WELL AS A CONSECUTIVE TERM ABOVE THE PRESUMPTIVE FOR ATTEMPTED ESCAPE, VIOLATED DEFENDANT'S CONSTITUTIONAL RIGHTS TO TRIAL BY JURY AND DUE PROCESS OF LAW. (Not Raised Below)
As of November 11, 1999, fifty-seven year old Bruce Moshen had been employed by the Bergen County Sheriff's Department as a corrections officer for seventeen years. He "supervise[d] and control[led] the movement and the behavior of the inmates."
On November 11, 1999, Moshen was on duty at the Bergen County Jail and was assigned as "Rover 3," the recreation officer responsible for "supervis[ing] the inmates in their recreation." Moshen was supervising Pod B, which was a 900 square foot yard, surrounded by a fifteen to twenty foot high fence topped with razor wire. In the yard there was "apparatus for the inmates to exercise on."
Moshen did not carry any firearm, but carried a two-way radio, and had the keys to open and access the various cells. He was the sole officer "conducting the yard" that night. Moshen did a "walk around to make sure there was no contraband" and that everything was "sound and secure." Then he "entered the living area and told the officer on the floor [that] everything [was] all ready" and then announced to the inmates that the "yard is now open, all come on out."
One inmate came out, walked over to the apparatus, and started doing chin-ups. Shortly thereafter another inmate, Andrew Johnson, a 6'1", 160 pounds, twenty-two year old male, came out and started to play basketball, whereupon the other inmate went inside. A third inmate, co-defendant Andre Cutler, a twenty-three year old, 6' male weighing approximately 175 pounds, came out and went to the chin-up bar. Johnson and Cutler then went back into the building.
The two men subsequently came back outside as did defendant, a twenty-seven year old 6'2" tall male who weighed 240 pounds.
Moshen heard the door to the yard close as defendant came "behind" him. Defendant grabbed Moshen and placed his arm "around [Moshen's] neck." Moshen stamped on defendant's toe and "tried to turn around and get a shot off at him" but he "got struck" by Cutler and Johnson. While Moshen was being held by defendant, Cutler hit Moshen "very hard" on his head and Johnson kicked his left leg "out from under" him. Defendant then "got a more secure grip around [Moshen's] neck, and at that point they all started to batter" Moshen. Defendant kept pulling Moshen's chin with "a very strong grip" so that the other two could keep "battering" him. Moshen could not breathe and felt weak and decided to "play dead," and defendant "threw [him] down as if [he] were dead."
Moshen could then see the three men "go to the fence," but he could not stand on his left leg. Nevertheless, he "managed to work" himself to the fence and tried to pull one of them off the fence before he got hit in the head and could not lift his body from the ground.
Moshen decided "to get into the building" and let people know there was an escape because [he] was no good." He did not have his radio and his dentures fell out of his mouth. Moshen "crawl[ed] into the building and sought help from the other officers. On his way "there was a room full of inmates that [were] obscuring his passage" and "blocking" him. "Some were kicking [him]" and some were "stepping on [his] hand and various parts of [his] body."
Officer Dennis Michael Cooney observed that Moshen "was bleeding profusely through the head area" and was in "an incoherent state" as he was held up by another officer. Officer Cooney deduced that the escapees would try to get to East Broadway and notified Officer Schielzo, who ran with Cooney toward the East Broadway area. However, while they were running, they saw co-defendant Cutler run across a parking lot and "started scanning the yard area" to find the other escaped inmates. Officer Cooney saw a "silhouette" of a person against a trailer, and upon the threat of the use of a police dog, defendant surrendered. Defendant was handcuffed to the fence while Cutler was captured in the parking lot.
Officer Moshen was taken to the Hackensack University Medical Center where his lips, mouth and eye were stitched and sewed by Dr. David J. Bikoff, a plastic and reconstructive surgeon. The doctor testified that when Moshen arrived at the hospital, his bones were shattered and he had a "severely comminuted and deviated nasal fracture," otherwise stated as a "severely fractured nose and nasal septum" which required surgery. The doctor further testified that Moshen had cheekbone and alveola fractures which did not require surgery, and that he had multiple soft tissue injuries such as a laceration of the eyelid, an evulsion flap of the lower lip and his upper lip was cut in half. Moshen was discharged from the hospital on November 13, 1999, around 3 p.m.
At the time of trial, Moshen continued to have symptoms such as "[d]izziness, loss of balance, double vision, blurred vision, and chronic headaches," in addition to the facial injuries. He also suffers from frequently "interrupted sleep with nightmares," and his ears keep "ringing" "like a cacophony of sound." At the time of trial, he was still unable to work.
Defendant contends that the trial judge should have charged accomplice liability on the attempted murder charge as he did on the second-degree aggravated assault. Defendant further contends that in light of the evidence presented, the jury could have found him guilty of a lesser-included offense to attempted murder, but was precluded from doing so in light of the judge's instructions. Defendant asserts that the jury could have found that he "intended only to participate in an aggravated assault on Moshen to temporarily incapacitate him [while] the beating meted out by his co-defendants evidenced their intent to kill Moshen."
In sentencing defendant, the trial judge stated that:
He planned this escape. It was wholly directed, and he first attacked the officer with the other two joining in. He was the one who had Officer Moshen around the throat while the other two may have punched and kicked him.
. . . [D]efendant was the mastermind, he planned this whole routine to be outside, to create the disturbance so he could get behind Officer Moshen, to start to strangle him with the others joining in. He stayed there after the others ran to get over the fence, because their main purpose was to get out, because it was clear to this Court that with the marshal [sic] arts training that this defendant has, that he intended to kill Officer Moshen.
That may well be so, but because defendant planned the escape, and even the assault incident to it, does not necessarily mean he intended to kill Moshen or had the requisite purpose to be convicted of an attempted murder. See N.J.S.A. 2C:5-1a (purposeful conduct required for attempt), 2C:2-2b(1) and 2C:11-3. In fact, the indictment for attempted murder expressly included a reference to N.J.S.A. 2C:2-6, which embodies the provisions on accomplice liability. Moreover, the judge charged the jury on accomplice liability with respect to the second-degree aggravated assault, so the judge found a jury question was presented concerning defendant's culpability or scope of responsibility with respect to the attack on Moshen.
Before the summations commenced, the prosecutor explained why she was requesting an accomplice charge with respect to the second-degree aggravated assault only. She explained that the State "would not want the accomplice charge on the attempted murder [because] the attempted murder was by this defendant's own conduct." She added:
However, I believe, Judge, that the accomplice charge is necessary for counts two and three for the following reason: If the jury declines to accept the State's theory, then they -- they just -- they need to be charged on accomplice, because the facts that have been elicited at this trial is that this defendant's role throughout the beating was static. He was the one who had the victim from behind and was tugging on his neck, I mean, we heard testimony there was clearly kicking and punching going on, but it's obvious that kicking and punching [were] not administered by this defendant, that's why we need the accomplice charge here.
After being questioned by the judge, the prosecutor "conced[ed] the Court has a point in not charging accomplice [liability] on count three" because of the nature of the bodily injury required. When the judge indicated he was not charging on accomplice liability with respect to the attempted murder, defense counsel said "[b]ut his same actions would apply to the aggravated assault." However, counsel ultimately stated that "I will leave it up to the Court."*fn2
Parties who participate in a criminal act may be guilty of different degrees of offense, depending on their own actions and culpability. State v. Bielkiewicz, 267 N.J. Super. 520, 531-33 (App. Div. 1993). In Bielkiewicz we held that a jury must be instructed in connection with an accomplice charge that the defendant could be found guilty of a lesser offense than the principal based on what the accomplice actually did and intended. Judge Skillman traced the case law on accomplice liability, noted that the jury must be instructed concerning the differences in culpability required for the grades of crime (Bielkiewicz, supra, 267 N.J. Super. at 527-30), and held that the jury must be told that "[e]ach defendant may thus be guilty of a higher or lower degree of crime than the other, the degree of guilt depending entirely upon his own actions, intent and state of mind." Id. at 528 (quoting State v. Fair, 45 N.J. 77, 95 (1965)). Following the Supreme Court's doctrine, this Court further noted that:
[I]f several participate in an attack and death results, the degree of the offense as to each may turn upon his own acts and purpose. Thus if two should attack and one of them intends only a simple assault and battery and is unaware of the intent of the other to use deadly force, he would be culpable only according to his own intent and wrong. But if he participates in an attack or continues in it with an awareness of the purpose of others to kill or to do grievous bodily harm, he is chargeable with that further intent and result.
[Bielkiewicz, supra, 267 N.J. Super. at 528, citing State v. Madden, 61 N.J. 377, 391 (1972).]
In Bielkiewicz, we reversed defendant's murder conviction because the judge "did not inform the jury that a defendant could be found guilty as an accomplice" of lesser included offenses, and "did not even mention accomplice liability in instructing the jury with respect to [them]." Id. at 531. Similarly, in State v. Cook, 300 N.J. Super. 476, 488 (App. Div. 1996), we reversed a murder conviction on grounds of "plain error" because, as Judge (now Justice) Long noted, although defendant was tried alone, the trial judge did "not adequately explain to the jury how it might go about finding an accomplice guilty of a different offense or degree of offense than the principal." See also State v. Jackmon, 305 N.J. Super. 274, 284-298, certif. denied, 153 N.J. 49 (1997).
We recognize that there was a premeditated plan in this case, unlike Bielkiewicz and Cook, and that defendant was tried alone so that the jury could not assess or weigh the comparative culpability. We also recognize that, unlike those cases, the jury in this case was not instructed in accomplice liability with respect to the critical count, and the State argues that "the facts in evidence did not support either a Bielkiewicz instruction or an accomplice liability instruction." The State also seems to contend that there was no basis to charge lesser culpability or a lesser-included offense. The State's arguments are premised on the nature of Moshen's serious bodily injury and the assertion that "defendant's culpability . . . was greater than either of his co-defendants," as only the defendant choked Moshen and the others did not intend to kill him.
We agree with the State that, in order to charge a lesser-included offense, there must be a rational basis for a jury to reject the greater charge and a clear basis in the evidence for a conviction on the lesser. State v. Savage, 172 N.J. 374, 397 (2002); State v. Brent, 137 N.J. 107, 113-15 (1994); State v. Choice, 98 N.J. 295, 298 (1985). But the State's argument presumes the correctness of its own theory of the facts. A jury could have found defendant's intent was to escape, and to assault to the point of incapacity to prevent it, but not to kill, even if the co-defendants had that intent. Moreover, the defendant was charged in the indictment with two counts of aggravated assault, which would have served as lesser-included offenses. As the Supreme Court noted in State v. Sloane, 111 N.J. 293, 299 (1988), "[a] jury reluctant to acquit defendant might compromise on a verdict of guilt on the greater offense," if it is the only crime charged. See also Bielkiewicz, supra, 267 N.J. Super. at 534.
Finally, while it is true that defendant did not object to the charge or to the judge's statements that he was not charging accomplice liability on count one (and as to count three when it was subsequently addressed), it is also true that defense counsel suggested that counts one and two should be treated alike. We understand that only defendant put his arms around Moshen and choked him, but we cannot speculate that the jury had to find that the choking was the basis for the attempted murder conviction. In any event, Johnson and Cutler - like defendant -were indicted as principals and accomplices on counts one, two and three, but the State asked for an accomplice charge on count two only. The fact defendant was tried alone is not dispositive in these circumstances, Cook, supra, 300 N.J. Super. at 479, 488, and the judge concluded that there was a sufficient basis for charging accomplice liability with respect to the same victim as alleged in count two.*fn3
Under these circumstances, we reverse the attempted murder conviction and remand for a retrial on that count. As the issue is not before us, we do not address whether the extended term can be imposed on the second-degree aggravated assault if the State does not seek to retry defendant for attempted murder but desires to unmerge count two. We also do not address the impact of that conviction or the conviction on count three with respect to the lesser-included offenses relevant to the retrial of the attempted murder count. Cf. State v. Grunow, 102 N.J. 133, 149 (1986); State v. Pridgen, 245 N.J. Super. 239, 250 (App. Div. 1991). In any event, there is no basis for reversing the other convictions as there was no "plain error" on the ground that the judge did not charge lesser-included offenses to third-degree aggravated assault.
In light of our disposition, we need not address the sentencing issues raised. Irrespective of a retrial, the judge should stay resentencing until after the Supreme Court decides the cases of State v. Natale, 373 N.J. Super. 226 (App. Div. 2004) and State v. Abdullah, 372 N.J. Super. 252 (App. Div. 2004), which were recently argued in the Supreme Court. We add only that jury fact-finding is not required before a defendant can be sentenced to an extended term under the persistent offender statute, N.J.S.A. 2C:44-3a. State v. McMillan, 373 N.J. Super. 27, 28 (App. Div. 2004). The same is true with respect to imposition of a consecutive term. Natale, supra, 373 N.J. Super. at 238; Abdullah, supra, 372 N.J. Super. at 281.
We remand for further proceedings consistent with this opinion.
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Stellar Search
This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages)(Learn how and when to remove this template message)
|Executive Search
|New Delhi, India (1998)[1]
|New Delhi, India, India
Key people
|Shailja Dutt (Managing Director)[2][3][4]
Number of employees
|25-50 (2013)[5][6]
|Home page
Stellar Search and Selection Pvt. Ltd. is an executive search firm (a headhunting /recruitment firm) headquartered in New Delhi and is one of the earliest search firms in the country to offer a specialized Healthcare and Life-science senior talent acquisition service.[7] The company now provides senior talent acquisition services across diverse industry and has an increasing focus on Gender Diversity hiring.[8]
Stellar Search now operates in various countries: Bangladesh, Botswana, France, Germany, Ghana, India, Indonesia, Italy, Kenya, Kuwait, Malaysia, Nairobi, Nigeria, Oman, Pakistan, Philippines, Singapore, South Africa, Sri Lanka, Tanzania, Thailand, Uganda, UK, United Arab Emirates, Vietnam and Switzerland. [9]
The company was established in 1998.[1] In 2010 the company commenced its South East Asian operations through its regional office in Singapore.
- ^ a b "How Stellar Search was born". Rediff.com. Retrieved 2013-10-30.
- ^ http://www.thehindu.com/life-and-style/money-and-careers/seven-habits-of-effective-women/article244529.ece
- ^ http://www.tiecon-delhi.org/shailja-dutt.html
- ^ StartUps (2010-05-12). "A Stellar Performance". Entrepreneurindia.in. Retrieved 2013-10-30.
- ^ http://businesstoday.intoday.in/story/flying-solo/1/10283.html
- ^ "Interview of Shailja Dutt, Founder and Managing Director, Stellar Search & Selection Pvt. Ltd". Indiainfoline.com. Retrieved 2013-10-30.
- ^ "Resource Center - How I did it". Growthinstitute.in. Retrieved 2013-10-30.
- ^ https://www.youtube.com/watch?v=ofbkpTywVzU
- ^ "Stellar Search Ltd and Finding Talent".
|This article about an Indian company is a stub. You can help Wikipedia by expanding it.


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The Avengers: The S.H.I.E.L.D. Files
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The Avengers: The S.H.I.E.L.D. Files is a book based on the film of the same name.
Welcome to the Avengers Initiative . . . . S.H.I.E.L.D. Director Nick Fury has brought together Earth's Mightiest Heroes to form the Avengers. These are the top secret S.H.I.E.L.D. files on Captain America, Iron Man, Thor, Hulk, Hawkeye, and Black Widow. But what kind of threat would cause Fury to call six Super Heroes and not just one?


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I have an eight year old AQHA palomino mare for sale. She has been used all fall gathering cows for weaning. She knows gates, dogs, atvs, sorting, etc…$3,000
Blackie is a very nice 14 hand grade black gelding. He is extremely broke. Knows gates, loading, sorting, etc. Very nice to ride. Is a great starter…SOLD
Gator is a 6 year old grade gelding. He came off a ranch in Texas but his papers have been lost. He spent his four year old year on a ranch in Nebraska…SOLD


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Play Video
"MOUTH TO MOUTH" by creepy Ted Pillman
Posted by jerfresh on May. 13, 2008
This week Odin will be showing you how build Cloud's Fusion Sword from Fina...
Who will come out on top as the best Star Wars character of all time?? Our ...
It's like every other cartoon!
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The Sun MasterCard is the newest pay weekly prepaid card, The Sun card only costs £6.49 to get or is free if you top up a minimum of £20.00, There are three prices plans available with the Sun card ranging from this tariff which is pay £1.00 a week or pay monthly and the pay as you go option.
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Does this restaurant have a TV?
Is this restaurant good for dining on a budget?
Does this restaurant accept reservations?
Does this restaurant serve Bar / Pub food?
Is this restaurant wheelchair accessible?
Is this restaurant good for breakfast?
Are the prices at this restaurant mid-range / moderate?
Is this restaurant good for dinner?
Is this restaurant good for lunch?
Is this a pub?
Thanks for helping!
We ate at the grill. The service was great and the food was good. Didn't drink at the bar, but everyone seemed to be having fun.
Dear Kathleen, Thank you for your kind review. We hope you'll return soon. Gary
We stopped by the Diamond Mountain Casino to stretch our legs and gamble a little. We decided to grab something to eat and were amazed at the quality of both food and service at the sports bar and grill. The prices are well below what one would expect from an eating establishment connected to a casino. Highly recommend!
The food is always good here and the complimentary breakfast with hotel is a great bonus! Tri Tip, Prime Rib and steaks all well prepared and the service excellent (especially by Terry Nash) and friendly. Always stay here when in Susanville because it's the best in town! Hotel rooms are excellent and get one on floor 3 or 4 looking...
Dear Greg, thank you very much for your very kind review. Terry is especially excited to read it. We look forward to seeing you again. Gary
The food is always good. The casino is very clean and everyone is always friendly. The slots are loose. Always a good time.
Dear Mr/Ms Cadet, Thank you for your kind review. Gary
Our motel gave us discount certs for breakfast. We made our way to the loud cafe with the blaring TVs and were informed by our server that we would have to show our certificates to the desk clerk. My wife went to do that and returned five minutes later, informing me the desk clerk's printer was down and we would...
Dear Mike, Thank you for your review. I do not understand it however. You seem to be describing things that do not happen here. If you choose to return, please call me directly. Gary
This is a small bar that wouldn't qualify as a "sports bar" in most towns. Food very average. Service is good. Bartenders very friendly. Prices are right.
Dear Gulliver, Thank you for your kind review. Please check out our nano brewery next year in the Sports Bar. Gary
I wasn't expecting much when we came here to stay for work. We had breakfast here and let me tell you, it was awesome. Server wad outstanding and food was made in a reasonable amount of time. I have no complaints. Would come back here again.
Dear Cleveland, We try to serve every meal within 15 minutes. I'm glad we succeeded with you. Thank you, Gary
The food here was very good. Good Burgers, And dinners. The breakfast was excellent. The Country Potatoes for breakfast were GREAT...(if you like them on the hot and peppery side) which I did. Lots of bell peppers,, red & green, and pepper. Very Tasty!!
Dear Richard, Thank you so much for your kind review. I will post it in the restaurant for all to read. Gary
The food was excellent not over price and cooked to how I ordered it. Not a big menu but what is on it is worth it
Dear Rascal, Thank you for your review. We try to serve quality, consistant food within 15 minutes. Gary
A lot of sports on their TV'S. Great local beer.The waitress was very helpful when we ordered the beer.
Dear Michael, thank you for your very kind review. I will print it out for our servers. We are very glad you enjoyed the many TVs in the bar. Gary
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Salmon With Maple-Thyme Glaze
Total Time
Prep 10 mins
Cook 14 mins
This is quite an elegant entree, easy enough for any night, but could easily be served to guests. From Bon Appetit.
Ingredients Nutrition
- 1⁄2 cup country-style dijon mustard
- 4 1⁄2 tablespoons pure maple syrup
- 3 1⁄2 tablespoons water
- 2 tablespoons prepared horseradish
- 6 (8 ounce) salmon fillets
- 1 1⁄2 tablespoons packed golden brown sugar
- 1 1⁄2 tablespoons chopped fresh thyme
- Preheat oven to 350 degrees F.
- Whisk mustard, 3 TBS maple syrup, 3 1/2 TBS water, and horseradish in small bowl to blend.
- Arrange salmon on baking sheet.
- Whisk 1 1/2 TBS maple syrup, sugar and thyme in another small bowl to blend.
- Spread thyme mixture evenly over salmon.
- Bake until salmon is just opaque in center, about 14 minutes.
- Transfer salmon to plates.
- Spoon mustard-horseradish sauce over and serve.
- Serves 6.
Most Helpful
Made this for the Bev a thon....and forgot to review it, sorry! I thought this was a very good and unique way to prepare salmon. My 5yo especially liked the sauce....Prep was done exactly as specified, but had to cook a little longer. This could just be my oven. Anyways, this is so different and so good!
I love salmon and love finding new ways to cook it. This was served for Christmas Eve dinner and everyone enjoyed it immensely! I did use dried thyme, bet it's even better with fresh! Thanks Bev!
Terrific! I made it exactly as written (well, except for the fact that I cut it back to serve two); I had to bake it at 425, and it still took at least 20 minutes. Flavor was wonderful, texture great. We'll have this again, for sure! Thanks for posting it.


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Check in from 3:00 PM / Check out prior to 11:00 AM
Double Dutch B & B: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Knysna, South Africa.
Situated in Knysna, this 4-star property is relaxed and cosy. It also features an outdoor pool, a 24-hour reception and a hair salon.
Hotel description
Double Dutch's 7 cosy rooms provide a seating area, bottled water and tea and coffee making facilities, plus all the necessities required for a comfortable stay. There are also several rooms designed for families.
Double Dutch Bed and Breakfast Knysna's restaurant is open for breakfast, providing guests with an easy dining experience near their room. Alternatively, there are a range of eateries within a short walk.
Double Dutch B & B is close to the area's popular attractions, and Knysna Waterfront is also within walking distance. Harkerville, Pezula Championship Golf Course and Knysna Heads are just an easy drive from the bed & breakfast.
Hotel features
Room Service, Restaurant, Non-Smoking Rooms, Connecting Rooms, Coffee / Tea Maker, TV
24 Hour Reception, Multilingual Staff, Safe-Deposit Box, Photocopier
Swimming pool, Bath / Hot Tub, Garden, Pool Outdoor
Internet Connection (wireless)
Availability and Prices
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Users who viewed Double Dutch B & B also viewed these 4 stars Knysna hotels:
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169 Duthie Drive, Belvidere Estate, Knysna
169 Duthie Drive, Belvidere Estate, Knysna
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Nearest hotels
- Paradise Heads Self Catering Units
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Ready To Go Old Gospel Song 1. All you gotta do is turn on the TV, hear what the newsmen say. It's the very same thing we read in the scriptures, the end is on the way. But I'm not worried and I'm not afraid 'cause I've got a promise from God. Keep your eyes on the sky and in a blink of an eye, we'll be in heaven some eternal day. CHORUS: Well, let me tell you I'm ready to go, I'm ready to go on home. Because the things of this old world mean nothing to me. I'm gonna walk on the streets of gold in a land where we'll never grow old. I'm ready for God to take me on home. 2. Every time I read the newspaper things look pretty grim. There's all kinds of wars and rumors for more. When will it all end? But I'm not worried and I'm not afraid 'cause I know where I'm going. In the twinkling of an eye He'll split the Eastern sky, and take us to the Promised Land. CHORUS: twice, tag last line at the end.


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Opp. Konar Petrol Pump Beside Ashirward Hotel ,Masipiri ,Hazaribagh
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Main road,Jhanda Chowk,hazaribagh.
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Sci fi/Fantasy image byDavid Hirsch
Drawn for a very good friend of mine, who happened to suddenly disappear before I could give her the pic. Now it remains as a memory of her. IF YOU SEE THIS, SARAH, COME BACK!! WE NEED YOU!!!
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Malaysia Airlines Passengers' Families Face Passport Hurdle
Bob Woodruff on families of the missing who are scrambling to get passports in order to travel to Malaysia.
Was Malaysia Flight 370 Diverted Intentionally?
Indications of hijacking and intentional course diversion surface.
Malaysia Air Mystery: Differing Accounts for Flight 370's Last Location
Missing Malaysia Airlines Flight 370 search widens to Indian Ocean.
'Deliberate Action' Seen in Malaysia Airlines Jet Flight
Authorities suspect 1 of the pilots is involved in Flight MH370's disappearance.
Malaysia: Relative Peace in Southeast Asia Terror Haven
Bordered by countries with terror threat, Malaysia relatively untouched.
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Custom vacation planning by world traveler Tadji Kretschmer
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Tawney Kitaen Slams Kim & Kourtney Kardashian; Finale Ratings Through The Roof.
There are a lot of Kardashian haters out there, but usually other celebrities keep quiet on their personal views of the reality family. Tawney Kitaen (who is going to be starring in a reality show of her own soon) took to her Twitter to vent during the season finale of 'Kourtney and Kim Take New York' last night.
The former video vixen shared:
Kourtney GET OFF Scott's back. I have never met a woman who doesn't believe n her man more then you. She's ALWAYS complaining about him. UGH
Kourtney & Kim take NY lasted longer then kim & Kris's marriage OMG
Kim is such a b****. And anyone who can't see that, obviously is blind.
Kim is even more insane then I thought. She needs 2b put n a mental institution, seriously some1 get her help or shes gonna end up like Demi
It's EVERYONE'S fault but hers. I started to like her again and now I don't like her even more then before OMG
In other "Kourtney & Kim Take New York" news…E! is laughing all the way to the bank at the Kardashian haters. The season finale of the Kardashian sisters' show brought in mega ratings!
last night's Season 4 finale of Kourtney & Kim Take New York, in which Kim Kardashian ponders divorce, scored the series' highest-rated and most-watched telecast ever, averaging nearly 4.5 million total viewers. It was E!'s third-most-watched telecast in history total viewers and key demos, among adults 18-49 (3.3 million), women 18-34 (1.6 million) and women 18-49 (2.5 million).
Did you watch?
Filed under Kim Kardashian, Kourtney, Kourtney and Kim Take New York, Kourtney Kardashian | 2 Comments


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Sci fi/Fantasy image byAnna Holub
A Tauren character from World of Warcraft. This is the character of a friend (who sadly plays on the US version), who is mighty proud of his big shaman totem! ;) Ink on sketchboard paper.
Published More than a year ago
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Korean Tutors in Pasadena, CA
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223 S Schuyler St, Neosho WI 53059-9608 $65,000
Features of 223 S Schuyler St Neosho WI 53059-9608
- Single Family Home
- Status: Active
- 6 Total Rooms
- 2 Bedrooms
- 1 Full Bathrooms
- Est. Square Footage: 1,204
- Est. Above Grade Sq Ft: 1,204
- Garage Size: 1.5
- Garage Type: Attached
- Est. Year Built: 1933
- Est. Acreage: 0.15
- School District: Neosho J3
- High School: Hartford
- County: Dodge
- Property Taxes: $1,447
- Property Tax Year: 2015
- Postal Municipality: Neosho
- Listing Company: Coldwell Banker The Real Estate Group
- Price/SqFt: $53
Property Description for 223 S Schuyler St Neosho WI 53059-9608
223 S Schuyler St Neosho WI 53059-9608 - One of a kind unique property featuring fenced yard, shed, plus alley entrance. Entertain your guests in the front of the home which has a full size bar with separate entry! Beautiful woodwork, archways and crown molding. Hardwood floors await your finishing touch. Appliances in kitchen are included. Bright sun room area. Great walk-up attic with entry to 2nd bedroom plus offers hard to find storage space. Attached 1.5 car garage. Per seller-Furnace about 3-5 Yrs old, shingles done in sections (5+/-).
Room Dimensions for 223 S Schuyler St Neosho WI 53059-9608
- Master BR: 12.0 x 8.0
- Kitchen: 16.0 x 11.0
- Living Rm: 17.0 x 10.0
- Other Rm: 21.0 x 14.0
- Sun/Four Season Room: 10.0 x 8.0
- Full Baths: 1
- BR 2: 12.0 x 11.0
Other rooms
- Full Storage Shed
Interior Features
- Heating/Cooling: Natural Gas
- Water Waste: Private Well, Septic System
- Appliances Included: Oven/Range, Refrigerator, Water Softener
Building and Construction
- 1.5 Story
- Single Family
- Roof: Composition Cape Cod
Land Features
- Waterfront/Access: N
|MLS Number
|New Status
|Previous Status
|Activity Date
|New List Price
|Previous List Price
|Sold Price
|Jun 1 2016 6:31PM
|May 13 2016 1:18PM
|Mar 11 2016 9:55AM
|Jan 26 2016 4:04PM
Estimated Monthly Payment
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Community Homes Near 223 S Schuyler St
Buyer understands that the information which is contained on Data pages is obtained from a number of different sources and which has not been independently verified or confirmed by the various real estate brokers and agents who have been and are involved in this transaction. If any particular measurement or data element is important or material to buyer, Buyer assumes all responsibility and liability to research, verify and confirm said data element and measurement. REALTOR *MLS* Equal Housing Opportunity


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Givenchy Black Leather Large "Nightingale" Zipper Detail Tote Bag With Strap
Have questions? Or looking for something specific?
The large "Nightingale" by Givenchy is constructed of grained black leather with gold tone zipper and logo details. Two top handles and removable shoulder strap. Interior features a zipper pocket, flat pocket, and cell phone pocket. Comes with dust bag.
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USS Administrator
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The USS Administrator (NCC-26268) was a Miranda-class starship in service in the late 23rd century. (FASA RPG module: Federation Ship Recognition Manual)


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decided: March 28, 1974.
WILLARD HOLTON, D/B/A HOLTON CARTAGE, PLAINTIFF-APPELLANT,v.JERRY L. BOMAN, BOB ALBRIGHT, BOWMAN-ALBRIGHT, INC., ET AL., DEFENDANTS-APPELLEES
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. No. 70-F-41. JESSE E. ESCHBACH, Judge.
Kiley, Senior Circuit Judge, Cummings, Circuit Judge, and Campbell, Senior District Judge.*fn*
KILEY, Senior Circuit Judge.
Plaintiff Willard Holton, an Illinois resident, brought a tort action seeking damages against H. Charles Winans and other defendants arising from the conversion of his property. The district court granted Winans' motion for summary judgment on the ground that as county prosecutor he was immune from civil liability. Holton then moved for leave to file an amended complaint against Winans, based upon various civil rights statutes.*fn1 The court denied the motion and Holton has appealed. We reverse and remand.*fn2
On May 25, 1969 plaintiff's tractor-trailer was removed from his premises. About a month later the tractor turned up in Auburn, Indiana in the possession of Jerry L. Boman, Bob Albright and Boman-Albright, Inc. Holton learned of this and went to Auburn several times, trying unsuccessfully to regain possession.
Holton thereafter brought his suit against Boman, Albright, and Boman-Albright, Inc. During the course of discovery he decided to join the county prosecutor, Winans, as a party defendant. An amended complaint was then filed alleging that Winans participated in a conspiracy to deprive Holton of his tractor-trailer. In a subsequently amended complaint Holton additionally alleged that Winans: tortiously failed to perform his official duties by failing to assist him in regaining possession of his tractor-trailer; and interfered with a contract between Holton and a third party.*fn3
After further discovery Holton concluded that he had a civil rights action against Winans and proffered a second amended complaint repeating substantially the allegations of tortious misconduct in violation of Holton's civil right to equal protection of Indiana law, and seeking damages. The district court denied leave to file the amended civil rights complaint on the ground that it would be prejudicial to the defendants, who had completed their discovery, to permit Holton to raise a new theory.
Holton contends that the district court erred in denying his motion for leave to file the second amended complaint.
The vital question before us is whether a prosecutor is immune from liability for damages sought in a civil rights action predicated on the prosecutor's refusal to assist a citizen in regaining his property which is in the alleged unlawful possession of other persons.
Prosecutorial immunity is derived from the doctrine of judicial immunity. Judges are immune from liabilities under suits arising from acts performed within the scope of their judicial duties. Pierson v. Ray, 386 U.S. 547, 18 L. Ed. 2d 288, 87 S. Ct. 1213 (1967). This Circuit, however, has held a judge liable for damages when he acted outside the scope of his duties. Spires v. Bottorff, 317 F.2d 273 (7th Cir. 1963). Since prosecutorial immunity is derived from judicial immunity, it follows from Spires that a prosecuting attorney is not immune from liability for damages for acts outside of the scope of his official duties and without authority of law.
In Robichaud v. Ronan, 351 F.2d 533 (9th Cir. 1965), Judge Ely addressed himself to this issue by stating:
We believe, however, that when a prosecuting attorney acts in some capacity other than his quasi-judicial capacity, then the reason for his immunity--integral relationship between his acts and the judicial process--ceases to exist. If he acts in the role of a policeman, then why should he not be liable, as is the policeman, if, in so acting, he has deprived the plaintiff of rights, privileges, or immunities secured by the Federal Constitution and laws? See Monroe v. Pape, supra, 365 U.S. 167, 187, 81 S. Ct. 473, 5 L. Ed. 2d 492; see also Schneider v. Shepherd, 192 Mich. 82, 158 N.W. 182, L.R.A. 1916F, 399 (1916), cited in Yaselli v. Goff et al., 12 F.2d 396, 405. To us, it seems neither appropriate nor justifiable that, for the same act, immunity should protect the one and not the other. Id., at 536-37.
In accord with Robichaud, this Circuit recently held that a prosecutor is not absolutely immune from liability for damages even if it can be concluded that he was acting within the scope of his prosecutorial duties. Hampton v. City of Chicago, Cook County, Illinois, 484 F.2d 602 (7th Cir.1973), cert. den. 415 U.S. 917, 94 S. Ct. 1413, 39 L. Ed. 2d 471, 94 S. Ct. 1414 (1974). There the court was unpersuaded by defendants-prosecutors' arguments that the drafting of a search warrant which was executed and gathering evidence constituted activities within the scope of prosecutorial immunity. Judge Stevens, writing for the majority, noted that "the availability of immunity depends on the character of the conduct under attack." Id., 484 F.2d at 608.
Holton's second amended complaint alleges that Winans in his capacity as prosecuting attorney did under color of law deprive him, as "a Negro, and a citizen of another state, the equal protection of the laws [and] equal privileges and immunities under the laws, . . . ." He has set out specific dates upon which Winans in conjunction with the other defendants is alleged to have engaged in activities in furtherance of a conspiracy to deprive him of his tractor-trailer. More precisely, Holton alleges that upon his request Winans refused to assist him in regaining possession of his tractor-trailer and refused to take official action against those in whose alleged unlawful possession his property was being held.
We think that Holton's allegations are sufficient to state a civil rights cause of action requiring Winans to plead with respect to the allegation that his conduct was unlawful and beyond the scope of his official duties. We note, of course, that a prosecutor may not be subjected to liability in every instance where he refuses to prosecute. He should have a broad discretion to determine when his prosecutorial activity should be invoked. And where his refusal is in good faith he is immune from liability. Hampton v. City of Chicago, Cook County, Illinois, supra. However, when he is properly alleged to be guilty of conduct of a character not in the field of his prosecutorial authority or duty, the pleading against him may not be dismissed as not stating facts which if proven would subject him to liability.
We therefore conclude that the district court erred in denying Holton's leave to file a second amended complaint.*fn4 The judgment is reversed and the cause remanded with direction to grant Holton leave to file the second amended complaint and for further proceedings consistent with this opinion.
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It was widely speculated that iOS 6 would include native Facebook integration, and those rumors proved to be true. Apple has included system-wide Facebook integration in iOS 6 in very similar fashion to the existing Twitter functionality. After signing into your account once, Facebook integration on the iPhone, iPod touch and iPad allows you to post to your Wall, update your status from Notification Center, share links from Safari, share photos to the world's largest social network directly from Camera or Photos, post your location from Maps, post high scores from Game Center, and more.
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Zimbabwe Power Company
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"The Meaning of Life is to Give Life Meaning"Ken Hudgins
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Australian actress Teresa Palmer gave birth to her first child, a son named Bodhi, in 2014. She's pregnant with her second child now, but one thing she still does with Bodhi is breastfeed.
RELATED: Teresa Palmer is expecting baby #2!
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Ramp revamp
The county's congestion management folks and the City of Oakland plan to redo the 23rd Street and 29th Street on- and off-ramps for I-880.They're holding a public study session at 7:30 p.m. Wednesday at City Hall so they can lay out their plans.
Good news: You'll be able to get onto Northbound 880 from 29th much more easily (and that famed U-turn when you get off at 23rd? Still there.) Bad news: They'll consolidate the two Northbound on-ramps at 23rd into one, which could lead to hecka backup on Park Street during your morning commute.
City staff has said that while the project would have benefits including way better access to the freeway from 29th Avenue, they're worried that losing an on-ramp at 23rd could create a line of traffic on Park Street that's about 1,000 feet longer than it is now (and a jar of jelly beans to the first person who can tell me how many cars that is – show your work).
Separately, the city's transportation commission – which looked this thing over two years ago – said they were worried the improvements could draw more drivers from the Miller-Sweeney Bridge onto the Park Street Bridge.
The county agency is looking for ways to fix the problems, including line-jump lanes for buses and high-tech traffic fixes.
In addition to reconfiguring the ramps, the project would include removal and replacement of the low-hanging 23rd Street and 29th Street overcrossings (to reduce the incidence of oversize vehicles hitting them), re-striping the Park Street triangle, and new and better coordinated traffic signals.
The congestion management agency hopes to have the project, which is estimated to cost $95 million, start construction in 2012 and wrap up in 2015.
A recent Caltrans report identified the area as "a major bottleneck on I-880" due to the way the interchanges as spaced, the low clearance of the overcrossings and the way the ramps are configured. They're hoping the fixes will speed up traffic there.


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11681 S SANDERS CIR Sandy, UT 84092
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and I have a question about 11681 S SANDERS CIR Sandy
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Estimated Monthly Payment$5,051
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- Status: Pending
Listing courtesy of Next Real Estate
Bring your toys, RV, boat! This east-side charmer features gorgeous hardwood floors, 3.5 baths, & large lot on quiet cul-de-sac. Mature, well-kept trees & landscape. Concrete patio in shaded oasis is perfect for entertaining or just keeping cool.
Interior Features Include:
Bar: Wet, Gas Log
Basement Full
Fireplaces 1
Air Cond: Central Air; Electric
Heating: Forced Air, Gas: Central, >= 95% efficiency
Floor Type: Carpet, Hardwood, Tile
Exterior Features Include:
Deck; Covered, Entry (Foyer), Porch: Open
Acreage: 0.2700 Acres
Lot: Cul-de-Sac, Sprinkler: Auto-Full
Landscape Landscaping: Full
Roof: Asphalt Shingles
Exterior: Aluminum/Vinyl, Asphalt Shingles, Brick
Patio/Deck: 2 Patio 0 Deck
Garage/Parking: Attached, Built-In, Extra Width, Rv Parking
Driveway Concrete
Garage Capacity: 2
Other Features Include:
Subdivision: HIDDEN VALLEY HILLS
Inclusions: Basketball Standard, Ceiling Fan, Fireplace Insert, Microwave, Refrigerator
Amenities: Electric Dryer Hookup, Sauna/Steam Room
Water: Culinary
Utilities Gas: Connected, Power: Connected, Sewer: Connected, Water: Connected
Storage Garage, Basement
Taxes 1975
School District: Canyons
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


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text:
Splendid Sundays Volume 68Sunday, January 01, 2012
A handful of splendid finds from around the worldwide web:
*Vera Wang has opened a new bridal boutique in Chicago.
*A new lawsuit asks whether a company or an employee owns an account's Twitter followers.
*MIT is launching a new (and free) interactive online learning platform called MITx.
*The one leadership quality that will make or break you.
*Volkswagen is deactivating emails on employees' Blackberries during out of office hours in order to help with work/life balance.
Wishing you a splendid 2012!


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About meI retired recently but before that I was an instructor for various Colleges where I taught Statistics, Graphic Arts, Audio/Video, and various other courses. I still teach occasionally at the Corporate level facilitating such topics as Time Management, Quality and Process Control, and Emotional Intelligence.
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