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March 4, 2009
DAVID A. RODRIGUEZ, PETITIONER,v.M. S. EVANS, WARDEN, SALINAS VALLEY STATE PRISON, RESPONDENT.
Petitioner David A. Rodriguez, a state prisoner proceeding pro se, has filed a petition for relief under 28 U.S.C. § 2254. Rodriguez is currently in the Custody of the California Department of Corrections and Rehabilitation (CDCR) incarcerated in the Salinas Valley State Prison, Solano. Respondent has answered the petition. Rodriguez has not filed a traverse.
Rodriguez was convicted by a San Joaquin County Superior Court jury in November 2003 of attempted premeditated murder (Cal. Penal Code, §§ 664 and 187(a) -- count one); mayhem (Cal. Penal Code § 203 -- count two); and being a felon in possession of a firearm (Cal. Pen. Code § 12021(a) -- count three). The jury found true enhancing allegations that Petitioner used and discharged a firearm, and caused great bodily injury (Cal. Penal Code §§ 12022.53(d), 12022.5(a), 12022.7(a)). After a separate court trial, the court found that Petitioner suffered two prior convictions for serious or violent felonies (Cal. Penal Code §§ 667(d) and 1170.12 (b)) and served a prior prison term. Rodriguez was sentenced to an aggregate term of 95 years-to-life. The court imposed a term of 45 years-to-life for count one, which consisted of tripling the fifteen-to-life term for the attempted murder as a result of the prior strikes. Rodriguez received an additional 25 years-to-life for personally using a gun to inflict great bodily injury. The trial court stayed the punishment for count two (Cal. Penal Code § 654). Further, the trial court imposed an additional term of 25 years-to-life for count three.
Rodriguez timely appealed his conviction to the California Court of Appeal, Third Appellate District, which affirmed his conviction in an unpublished written decision and the California Supreme Court summarily denied review without opinion or citation to authority on March 22, 2006. Rodriguez filed an application for a writ of habeas corpus in the San Joaquin Superior Court on May 22, 2007, which was denied in a reasoned written decision. Rodriguez filed successive petitions for habeas relief in the California Court of Appeals, Third Appellate District, and the California Supreme Court, which petitions were summarily denied without opinion or citation to authority on July 26, 2007, and February 13, 2008, respectively.
Rodriguez timely filed his petition for relief in the United States District Court, Northern District of California, on March 21, 2008. The proceeding was transferred to this Court on March 28, 2008.
In his petition Rodriguez raises four grounds: (1) he was sentenced in excess of the statutory maximum for court three and his sentence on court one was enhanced in violation of the Sixth Amendment; (2) prosecutorial misconduct (misstatements in closing argument); (3) prosecutorial misconduct (presenting falsified evidence); and (4) ineffective assistance of trial counsel.
Respondent contends that Rodriguez's prosecutorial claims (second and third grounds) are procedurally defaulted. Respondent raises no other affirmative defenses.*fn1
Because Rodriguez filed his petition after April 24, 1996, it is governed by the standard of review set forth in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2254(d). Consequently, this Court cannot grant relief unless the decision of the California Court of Appeal was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" at the time the state court renders its decision or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."*fn2 The Supreme Court has explained that "clearly established Federal law" in § 2254(d)(1) "refers to the holdings, as opposed to the dicta, of [the Supreme Court] as of the time of the relevant state-court decision."*fn3
Thus, where holdings of the Supreme Court regarding the issue presented on habeas review are lacking, "it cannot be said that the state court 'unreasonabl[y] appli[ed] clearly established Federal law.'"*fn4 When a claim falls under the "unreasonable application" prong, a state court's application of the Supreme Court precedent must be "objectively unreasonable," "not just incorrect or erroneous."*fn5 The Supreme Court has made clear that the objectively unreasonable standard is a substantially higher threshold than simply believing the state court determination was incorrect.*fn6 In a federal habeas proceeding, the standard under which this Court must assess the prejudicial impact of constitutional error in a state-court criminal trial is whether the error had a substantial and injurious effect or influence in determining the jury's verdict.*fn7
In applying this standard, this Court reviews the last reasoned decision by the state court.*fn8
Under AEDPA, the state court's findings of fact are presumed to be correct unless the petitioner rebuts this presumption by clear and convincing evidence.*fn9
Ground 1: Apprendi Violation.*fn10
In his petition to this Court Rodriguez argues that he was sentenced to more than the one year maximum on count three. Rodriguez further contends that, not withstanding that the maximum term is 15 years to life, he was sentenced to a term of 25 years to life on count one.*fn11
Rodriguez argues that he was sentenced on facts found by the court, not the jury, in violation of his Sixth Amendment rights. Both sentences were enhanced under California's three strikes law.
Rodriguez presented his claims to the California Courts in his petitions for a writ of habeas corpus. In denying his petition, the San Joaquin Superior held:
Petitioner contends that this sentence is illegal because he was sentenced by a judge and not by the jury who found him guilty, and because it exceeds the statutory maximum with regards to PC 664/187(a) and PC 12021. Petitioner cites Apprendi v. New Jersey (2000) 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435, Blakely v. Washington (2004) 542 U.S. 269, 304-305, 124 S.Ct. 2531, 159 L.Ed.2d 403, United States v. Booker (2005) 542 U.S. 220, 243-44, 125 S.Ct. 738, 160 L.Ed.2d 621, and Cunningham v. California (2007) __ U.S. __, 127 S.Ct. 856, 166 L.Ed.2d 856. Petitioner misreads this line of cases and is not entitled to be sentenced by a jury. According to Cunningham, sentencing remains within the power of the court, but the court may not "impose a sentence above the statutory maximum based upon the a fact, other than a prior conviction, not found by a jury or admitted by the defendant." (Cunningham, supra., __ U.S. ___[, 127 S.Ct.] 856, 860.) Here, Petitioner was sentenced pursuant to California's three strikes law based upon his prior qualifying convictions under Penal Code 1170.12(b)/667(d).
Apprendi held that: "Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt."*fn12 California's three strikes law clearly falls within the Apprendi prior conviction exception.
Rodriguez has not raised an Eighth Amendment cruel and unusual punishment claim. In any event, the sentence Rodriguez received is not grossly disproportionate to the crimes he committed.*fn13
Based upon its review of the record before it, this Court cannot say that the decision of the San Joaquin Superior Court denying Rodriguez's application for a writ of habeas corpus was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."*fn14 Nor can this Court find that the state court unreasonably applied the correct legal principle to the facts of the Petitioner's case within the scope of Lockyer--Williams--Schriro; i.e., the state court decision was more than incorrect or erroneous, its application of clearly established law was objectively unreasonable.
Rodriguez is not entitled to relief under his first ground.
Ground 2: Prosecutorial Misconduct.
Ground 3: Prosecutorial Misconduct.
Rodriguez complains that the prosecutor was guilty of prosecutorial misconduct in two instances. First, in that he made up his own definition of what "on and cracking" meant without any evidence in the form of testimony as to what that term meant. Second, that the prosecutor knowingly presented false testimony when he did not correct trial testimony of a witness that differed from testimony given at a preliminary hearing.
Rodriguez also presented these claims in his habeas petitions in the state courts. In denying his claim the San Joaquin Superior Court held:
Petitioner alleges prosecutorial misconduct at trial based on the District Attorney's remarks in closing argument and on the District Attorney's failure to correct the testimony of a witness that conflicted with the same witness' testimony at the preliminary hearing. Prosecutorial misconduct that is discernable from the trial record is not cognizable on habeas corpus because the contention could have been dealt with in a timely appeal from the judgment of conviction. (In re Dixon (1953) 41 Cal.2d 756, 762.) Petitioner offers no explanation as to why these claims, which were known or should have been known at the time of direct appeal, were not raised at the time of direct appeal in this case.
Respondent contends that Rodriguez's second and third grounds are procedurally barred. The Court agrees. Federal courts "will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment."*fn15 This Court may not reach the merits of procedurally defaulted claims, that is, claims "in which the petitioner failed to follow applicable state procedural rules in raising the claims · · ·."*fn16 "Once the state has adequately pled the existence of an independent and adequate state procedural ground as an affirmative defense, the burden to place that defense in issue shifts to the petitioner."*fn17 In this case, because Rodriguez has failed to file a traverse, he has failed to place the defense of a procedural bar in issue.
As they are procedurally barred, Rodriguez is not entitled to relief under his second and third grounds.
Ground 4: Ineffective Assistance of Trial Counsel.
Rodriguez alleges that his trial counsel was ineffective for failing to confront a witness on alleged differences between his testimony at the preliminary hearing (he could not describe the gun) and testimony at trial (described the color, shape of the barrel, and that it was revolver). The San Joaquin Superior Court, in rejecting Rodriguez's position, held:
Petitioner alleges ineffective assistance of counsel based upon his trial counsel failing to confront the testifying victim at trial with inconsistencies in his testimony. Petitioner has not gone beyond unsupported conclusory statements to show that counsel's actions were objectively unreasonable, or that there was a reasonable probability that, but for counsel's actions, the result of the proceeding would have been different. (Strickland v. Washington (1984) 466 U.S. 668, 80 L.Ed.2d 674, 104 S.Ct. 2052.)
Under Strickland v. Washington, to demonstrate ineffective assistance of counsel, Petitioner must show both that his counsel's performance was deficient and that the deficient performance prejudiced his defense.*fn18 A deficient performance is one in which counsel made errors so serious that counsel was not functioning as the counsel guaranteed by the Sixth Amendment.*fn19 Rodriguez must show that defense counsel's representation was not within the range of competence demanded of attorneys in criminal cases and that there is a reasonable probability that, but for counsel's ineffectiveness, the result would have been different.*fn20
Strickland and its progeny do not mandate this court act as a "Monday morning quarterback" in reviewing tactical decisions. Indeed, the Supreme Court admonished in Strickland:*fn21
Judicial scrutiny of counsel's performance must be highly deferential. It is all too tempting for a defendant to second-guess counsel's assistance after conviction or adverse sentence, and it is all too easy for a court, examining counsel's defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy.
There are countless ways to provide effective assistance in any given case. Even the best criminal defense attorneys would not defend a particular client in the same way.
The Court cannot say that the decision of the San Joaquin Superior Court was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" or was "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."*fn22 Nor can this Court find that the San Joaquin Superior Court unreasonably applied the correct legal principle to the facts of Rodriguez's case as required by Lockyer--Williams; i.e., the state court decision was more than incorrect or erroneous, its application of clearly established law was objectively unreasonable. In particular, Rodriguez has failed to overcome the strong presumption that counsel's performance fell within the wide range of reasonable professional assistance.
Rodriguez is not entitled to relief on his third ground.
V. CONCLUSION and ORDER
Rodriguez is not entitled to relief under any grounds raised in the petition. Accordingly,
IT IS THEREFORE ORDERED THAT the Petition for a writ of habeas corpus under 28 U.S.C. § 2254 is DENIED.
IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability.*fn23 Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See Fed. R. App. P. 22(b); Ninth Circuit R. 22-1.
The Clerk of the Court to enter judgment accordingly.
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Aphrodite is a sweet, rambunctious 6 month old shepherd/boxer/hound mix. She would love kids of her very own to play and run with. She is a very active dog. She gets along great with other dogs but is very submissive. She loves to give kisses. She is semi-kennel trained which means she won't go in voluntarily all of the time but she doesn't potty in her crate unless she has been in there too long. She is a beautiful girl. She is VERY CURIOUS about cats. She will be spayed, microchipped and 6 month proheart shot. She is up to date on all of her vaccininations. She is currently located in Arkansas.
If interested in adopting, go to http://www.petstablished.com/pets/86207/public/adoption_form and fill out the adoption forms that will pop up. When you are done, click on the "Submit Application" at the bottom of the page. One of our volunteers will review the application, and follow up with you in a few days.
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subset: commoncrawl


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HACKENSACK - A parking garage in danger of collapsing on Summit Avenue in Hackensack has been shut down.
Officials closed the parking deck after finding major structural problems. The move comes a year and a half after a parking garage in Hackensack collapsed, forcing people out of their apartments for months.
Days after the collapse the city began requesting engineering reports of more than 60 commercial buildings to prevent another incident.
However, the company that manages the Summit Avenue building did not comply right away. It initially gave officials only an architect's report that said the building needed minor, mostly cosmetic changes. It wasn't until officials issued summonses that the managers produced a structural engineer's report that revealed years of neglect.
It was later discovered that the parking deck at 5 Summit Ave. had major structural issues. The deck supports a two-story office building. Repair work is now under way at the parking garage.


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Mercure Livingston Hotel
Visit the 3-star Mercure Livingston Hotel just 16 miles from the buzz of Edinburgh. This stylish Livingston hotel is close to some of Scotland's best country parks. Complimentary high-speed WIFI is available throughout the hotel. Relax in The Brasserie and Bar over international cuisine and a full range of drinks or head to the Feel Good Health Club. The 8 meeting rooms are ideal of meetings and events and can welcome up to 120 people.
Just 16 miles south of Edinburgh with its world-famous arts festival, the Mecure Livingston hotel is a great base for exploring central Scotland and West Lothian's country parks. We're easy to find, just off the M8.
The hotel has a heated indoor pool and relaxed atmosphere and is just 16 miles from the buzz of Edinburgh. It's just off the M8 and has complimentary onsite parking.
Tel: (+44)844/8159102
Fax: (+44)1506/445721
All bedrooms feature a flat-screen TV and complimentary high speed WiFi. Three-quarters of our 120 rooms have views of the lawns and courtyard garden. Our interconnecting rooms are convenient for families. In privilege rooms you'll enjoy a Nespresso coffee machine, newspaper, robe and slippers.
Classic family bedroom for 2 adults and 1 child with flat-screen TV, complimentary high speed WiFi, en suite bathroom, hairdryer and tea/coffee making facilities. Sleeps 2 adults and 1 child.
Classic family bedroom for 2 adults and 2 children, flat-screen TV, complimentary high speed WiFi, en suite bathroom, hairdryer and tea/coffee making facilities. Sleeps 2 adults and 2 children.
Upgraded bedroom with flat-screen TV, complimentary high speed WiFi, Nespresso coffee machine, newspaper, robe and slippers. Sleeps 2 adults.
Classic bedroom with 1 double bed, flat-screen TV, complimentary high speed WiFi, en suite bathroom, hairdryer and tea/coffee making facilities. Sleeps 2 adults.
Classic bedroom with 3 single beds, flat-screen TV, complimentary high speed WiFi, en suite bathroom, hairdryer and tea/coffee making facilities. Sleeps 3 adults.
Classic bedroom with 2 single beds, flat-screen TV, complimentary high speed WiFi, en suite bathroom, hairdryer and tea/coffee making facilities. Sleeps 2 adults.
The Brasserie offers traditional and internationally inspired cuisine, delicious desserts and a selection of fine wines to compliment your meal. In a relaxed atmosphere for an enjoyable dining experience.
The bar offers a range of wines, beers, spirits and soft drinks. Our bar staff will ensure that you are looked after and enjoy your experience in our relaxed surroundings. Light meals are also available in the bar.
Reviews collected from customers who booked on AccorHotels.com
Last minute booking to go into Edinburgh, excellent location. Close to outlet village and shopping centre. Staff helpful and friendly. Enjoyed our stay and slept well. Use of the leisure facilities was great
Stayed 3 nights with breakfast in a large spacious room. Very clean. All staff we came into contact with were pleasant and professional. Ate in the restaurant one evening, food was good although very busy due to a coach party. Excellent location for shopping.
We booked this for a family wedding,the Hotel is of poor standard, not very clean and not been touched since the 60s. We paid £105 and £115, we could easily have had a budget Hotel of a higher standard for less.
Excellent location, great value and very friendly staff making all to be very welcome. I was able to make my base at the hotel during am mixture of local customer visits and local staff meeting. I would recommend this hotel for future stays.
Bit of a farse.... Whilst having our meal we had to endure listening to joiners repairing doors for wedding to be held NEXT DAY. Had to wait HALF AN HOUR on 1 cocktail it took 5 of them to work out to make... And we had asked for TWO. On top of that bar ran out of Stella and draught Coke and draught soda ( Stella remained off all weekend even though wedding on!!!) Barmaid unsure how to make WHITE WINE AND SODA as she had never heard of it in same glass. Sauna door faulty all weekend. Had to ask for fresh towels TWICE for pool area. Rubbish in pool area all weekend. We were asked if we had steak we hadn't paid for by SAMEwaitress who served us our chicken that we had receipts for. Whole of bedroom floor creaked and bulge in wall from bathroom!!??
My wife and I stayed at the Merure hotel in Livingston for two nights recently sorry to say the whole hotel in desperate need of a revamp rooms nowhere near the standards when it was the ramada Jarvis staff were untidy and not very pleasant the meals at night just ok breakfast on first morning was good but second morning was limited food because there was a gas problem in the kitchen over priced drink at the bar we used to stay here regularly when on a shopping trip but sorry to see how run down it has become
Dear Guest, Thank you for your comments, we are sorry to hear your visit did not meet your expectations, We might not have an immediate fix for some of the problems you encountered but I do hope we can welcome you again when you are next in the area. Kind regards,
Welcoming helpful staff, comfortable beds and well equipped room with bath. Has comfortable bar and fitness centre. Needs refurbishment. 5 mins walk from MacArthur Glen Shopping complex. Free Parking. Good value stay.
Was e-mailed by Hotel a week before I arrived confirming my stay and offering a pre-booking for dinner if needed. Great stuff. When I arrived late afternoon to check in was told a tour bus booking had now made my room (booked months in advance) unavailable. They had re-booked me in another hotel on the other side of the city. A nightmare to get to.
Although the hotel would benefit from a full refurbishment, the staff were extremely friendly & helpful and the hotel was very clean. Good location for a weekend shopping. We'll be back to stay here again.
A really pleasant hotel well worth the 3* rating, with some aspects exceeding that very comfortably. There isn't the feeling of opulence of a 4 star, but we wouldn't expect that anyway - especially as this is our 4th visit :-) It's a super location for a visit to Edinburgh (go into town by train from Livingston NORTH) with absolutely none of the hassle associated with visiting a capital city. The staff are welcoming and very helpful and the food in the restaurant is both extremely nice and far from expensive. I loathe the sort of place where you need a microscope to find your food - here the portions more than satisfy and the quality is impeccable. I THOROUGHLY recommend the King Prawn Linguine - enjoyed it so much on the first evening that I had the same main course the following evening, probably the first time I've ever done this. The pool/sauna/steam room could perhaps benefit from a facelift but as it's a free bonus this isn't a serious issue. More down to the habits of guests (!) than the facilities; but I'll say no more about THAT! 4th visit but definitely not our last. I see no reason to seek alternatives when the Mercure Livingston provides such a reliable and pleasant location.
Dear Guest, Thank you very much for taking the time to tell us about your visit to the Mercure Livingston. I am delighted to hear that you enjoyed the food so much and I will be sure to pass on your comments to our chefs. I look forward to welcoming you back for your 5th visit. Kind Regards,
We both enjoyed the stay but it was slightly spoilt by having a room next to the extractor fans from the kitchens which disturbed our sleep. Next time (yes there will be a next time) we'll request a room away from the kitchens.
This was my 4th consecutive Wednesday out of 5. Every time I find the staff at the desk are excellent and welcoming. The evening meals are superb although if you keep going to the same hotel week after week the menu gets a bit boring. The evening waiting staff are lovely. There is a nice pool, well deep puddle. The deep end is only about 2 ft. deep but it's nice and relaxing nevertheless. The rooms are very nice, clean and well equipped. Well, that is except twice now I have had no toilet roll holder and a handbasin which seems to have a problem with drainage. Apart from that, superb. It is in the mornings that I feel let down. The black pudding is one of the best I have ever tasted anywhere. However, once you have put 2 or 3 things on your plate, there is always something that has run out like eggs or bacon (or both this week). By the time they get round to replenishing it, the other items on your plate have gone cold. This isn't a one off, it's every week. Then there's the toast. There is supposed to be white and brown bread but usually one of them runs out early and doesn't get replaced. Why? Oh well, one more week, let's see if someone reads this and improves things.
Dear Guest, Thank you for telling us about your stay, We are glad you generally enjoyed your visit and do appreciate your comments. I am sorry you found our breakfast service poor and did not meet your expectations, please allow me to express my sincerest apologies, and I hope that you give us the opportunity to welcome you back, Kind Regards
When making a booking at this hotel:


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27 Durham Point Durham, NH 03824
Listed by Mary Clark of Equine Homes Real Estate, Llc
Call Four Seasons Sotheby's International Realty Real Estate for more information.
Lot Size: 20 acres
Price/Acre: $19,750
Property Description
Perfect location for a home owner who is looking for privacy and natural beauty. 20 acre single-family parcel surrounded by a diverse saltwater ecosystem with 750 feet of river and saltmarsh frontage with bay and ocean access. Level building lot at the end of the peninsula with views of the river and saltmarsh in multiple directions. Boat pier for ramp and dock is complete. This land features a spring-fed pond, abundant wildlife, mature forest, varied topography, trails, stone walls and granite outcroppings. Access is by a shared driveway to private wooded entrance. Easy walking distance to town and The University of New Hampshire.
- Property Type: Land
- Zoning: RC
- Acreage: 20
- Lot description: Country Setting, Deep Water Access, Level, Pond, River, River Frontage, Sloping, Walking Trails, Water View, Waterfront, Wetlands, Wooded
- State: NH
- Street: Durham Point
- Building Number:
- Development/Subdivision: 1
- Zip Code: 03824
- County: NH-Strafford
- Town: Durham
- Area Description: Near Paths, Near Public Transportatn, Near Shopping, Rural, Tidal
- Elementary School: Moharimet School
- Junior High: Oyster River Middle School
- High School: Oyster River High School
- Water: On-Site Well Needed
- Sewer: On-Site Septic Needed
- Electric: On Adjacent Property, Underground
- Services: Cable - Available, High Speed Intrnt -Avail, Telephone Available
- Land Restrictions: Further Subdivision
Water Body
- Waterfront: Owned
- Water Body Name: Oyster River
- Water Body Type: River
- Water Frontage: 750
- Taxes: $67
The New England Real Estate Network provides Multiple Listing Services (MLS) in the States of New Hampshire, Vermont, Massachusetts and Maine.
Copyright© 2016 The New England Real Estate Network. All rights reserved. This information is deemed reliable but not guaranteed. The data relating to real estate displayed on this Site comes in part from the IDX Program of NEREN. The information being 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. Data last updated on 12/06/2016.


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3 Person ordering the same menu, and got 3 different type of meat . Even though we got a price reduction.
Is this restaurant good for bar scene?
Does this restaurant offer highchairs for toddlers?
Is this restaurant good for brunch?
Is this restaurant good for business meetings?
Is this restaurant good for large groups?
Is this restaurant good for lunch?
Is this restaurant good for dinner?
Does this restaurant offer free wifi?
Does this restaurant offer delivery?
Does this restaurant offer outdoor seating?
Thanks for helping!Share another experience before you go.
3 Person ordering the same menu, and got 3 different type of meat . Even though we got a price reduction.
I went on a Monday had me and my wife had a sirloin. It was prepared as ordered and the service was good. Also had a Blooming Onion he was crispy and well prepared.
Excellent meal and great service. The steak was cooked perfectly as was the chicken. Server was very pleasant. Will definitely visit here again. The food is great!!
The food is good & the staff is friendly. Depending on time you go-could be waiting a long time. Desserts vary however you have a few oldies. Cheese fries are great and love the bread.
Food was excellent Ribs were tender & the chicken with mushroom & 2 cheeses was also great Thanks to the advice of the server
Service was great food was amazing and got out to us very quickly and had great options. We were sat quickly they opened the doors for us and I would recommend if your in the area to go here prices are a little high but worth it we have left overs for lunch tomorrow portions are very generous.
I love OUTBACK and tonight's meal was great . No one has a better sirloin than OUTBACK and my wife and I started the meal off with an appetizer and we chose the Coconut Shrimp which is simply great ! Service was great too !
The best part of our meal was the fantastic waitress we had, Greta. If on future travels I find myself in this area I will go again and request her!!
Visited Outback for a great steak dinner with my wife and grandson. As usual, it was a great visit. Had a wonderful server (Diana N). She had a wonderful bubbly personality and stayed on top of her assigned tables with drink refills and other needs or just checking to be sure all was well with our meals. Between the three... More
We ate at the bar which we usually do because you get better service and your meals faster. TV Screen high-definition and easy to read the meal was delicious the spare ribs are the best but the french fries were too mushy we told the bartender she offered us more
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Be it any place or time; we make on time deliveries of the goods to the customers. Buy from us the extensive array of fuel systems; we are counted amidst the leading Suppliers in the sphere.
Cummins India
, Maharashtra , India
We are engaged in offering Bag House in variety of sizes and type to suit site constraint. Depending on size, unit is shipped fully assembled or in modular PID PLC based control Panel form for quick and easy field erection and low field labor cost.
Amptronics Techno Pvt Ltd
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We are offering fuel handling system. We are reliable fuel handling system manufacturer and exporter in maharashtra. The fuel handling system which we are providing to the clients is extensively demanded in a large number of industries, chiefly including sugar, co-generation plants, and thermal power plants. The fuel handling system which we are providing is available with us in various kinds, which includes bagasse,
Concept Conveyors Private Limited
Gat No. 185/1, Mauje Agar, Post : Dattnagar, Jaysingpur, Maharashtra - 416120, India
We are offering fuel conditioner systems. 1. easy to operation 2. low cost & higher standard quality. 3. inbuilt: cooling compressor& heating element. 4. advance safety & features. 5. capacity: 250 kw to 1000 kw engine. 6. cooling media: petrol/ diesel. 7. controlling accuracy: +/- 1 deg.c 8. auto air vent and fill-up. 9. size: 775x500x1050 mm
Gvision Enterprises
43/2, Dattanagar, Ambegoan Bk, Pune, Maharashtra - 411046, India
Our Automotive Fuel Management System is precisely designed to perfection under strict quality control. Fuel Management System offered by us helps control the fuel consumption in varied usage conditions.
Mahale Enterprises
7, Revati, Mahindra Nagar, Malad (east)., Maharashtra - 400097, India
we manufacture fuel feeding system which is widely used for ash handling, coal feeding other applications. It is a chain type drive .
Shree Precision Engineers
No. 1, Plot No. B - 5, Opposite To Philips Co.,rnm. I. D. C., Bhosari, No. 2. Gat No. 202, Rnplot No. 17, Maharashtra - 411026, India
Post your Buy Requirement
Interested buyers can contact us anytime for placing orders; we ensure timely delivery of the same. To ensure quality of the products, we conduct diverse quality tests at all stages and thus our products are quality assured.
Ras Tek Pvt Ltd
Plot No.r-53, Ttc Indl. Area,rabale, Midc, Maharashtra - 400701, India
We conduct diverse quality tests in order to ensure that our entire range is free from defects. Renowned for our outstanding patron care support, we have become a distinguished supplier of fuel injection systems in the market.
Techno Tech Traders Co.
62 Apna Nagar Nr Nuniciple School No 37 Thane W Thane - 400070, Maharashtra , India
Our team members make it possible to conduct online transactions, keeping the details confidential. Our transactions are completely crystal clear and thus, you can trust on us. Our prime interest is to deliver a flawless range of products to the buyers. And in this concern, we make all arrangements in order to store the entire lot under safe environment.
New Roshni Diesel
Tmc Vasahar Near Happy Valley Society Shop No.- 15 Tikujini Wadi Road Manpada Thane W Thane - 400610, Maharashtra , India
We have automated warehousing system to keep pace with the latest trends and to meet the clients' requirements. Our professionals make certain that the products are kept safely. Assistance from the smart packaging system has enabled us to meet bulk and customized packaging requirements of the clients. In addition, our experts ensure safe packaging of the products.
Enpro Industries Pvt. Ltd.
12 4 Midc Chinchwad Chinchwad - 411033 Maharashtra India, Maharashtra , India
Since the day of our inception, we are engaged in supplying oxy fuel systems and offering the same at competitive rates. Headquartered in Maharashtra(India), we are acknowledged for providing excellent products domestically.
India Equipments
S 3 Shubh Complex 210 Whc Road Dharampeth Nagpur - 440010 Maharashtra India, Maharashtra , India
Over the years, we have emerged as a noteworthy Supplier offering a huge array of fuel monitoring systems. We are connected with well-known transport providers to make sure the distribution of deliveries is done out without a problem and on time.
Modular Mining Systems Pty Ltd.
102, Jasmine Flower Valley, Wanawadi, Maharashtra , India
We offer Fuel Filteration Systems.. Kaydon Filtration specializes in designing and manufacturing oil and fuel filtration systems for a wide range of industrial markets and applications.
C. P. Fluid Systems Pvt. Ltd.
409, Punit Chambers, Sector-18, Turbhe, Maharashtra , India
Post your Buy Requirement
Substances that are used for the production of different types of goods are named as raw materials. We source these materials only from the trustworthy vendors after complete checking. We are immensely recognized for delivering the orders within the stipulated time frame and at desired Pune(India).
Magneti Marelli Motherson
Gat No 148/150, Village Ambethan, Taluka Khed, Near Dwarika School, Chakan - 411045, Maharashtra, India, Maharashtra , India
We offer high efficacy Oxygen Supply System, which is highly acknowledged in the national as well as international markets. We have firmly positioned ourselves as one of the overruling central pipeline for Oxygen Supply System in India. Made as per international standards, our Oxygen Supply System is highly demanded due to its distinctive features mentioned below :Twin Banks Cylinder Oxygen Manifold suitable to withs
You can make payments through online methods such as net banking, PayPal, or offline methods such as draft depositing, cash on delivery etc. Our policies regarding payment are swift and transparent. We have installed a large storage facility wherein we keep a large stock of the offerings. This facility helps us in keeping the entire lot away from the damaging factors like moisture, sunlight, dust, rain, etc.
Mipa Electronic & Electrical Co.
No. 271 G. I. D. C. Waghodia Vadodara - 391760 Gujarat India, Maharashtra , India
We are offering ink supply system etc. Detailed product description ciss 1.printer specific high quality inks. 2.large ink capacity - 100m. continuous ink supply system brand name: -splashjet- (tm) product name: -splashjet-ciss-t0708 for compatible printer: -epson stylus photo 780/790/870/875/89. splashjet-ciss (continuous ink supply system) is innovative and environment friendly product which dramatically reduced pr more... less...
Splashjet Print Technologies
Splashjet Print Technologies Shed-c, Plot D-1/a & D-4/2, Nr. Old Bajaj Plastics, Midc-hingna, Nagpur - 440028, Maharashtra - 440028, India
We are dealing best Power Supply System supplying company.
Shambhavi Lab Instrument
10 Anusaya, Opp. Mangala High School, Kopri, Maharashtra , India
FR 1000: Fluid Reservoirs are used to supply fluid to single or tandem mechanical seals. They act as a convenient fluid reservoir. The exchange of fluid takes place by the thermosyphon principle or by forced circulation, e.g. with a pumping screw. The FR 1000 is made of transparent polyethylene, complete with clips made of stainless steel. The FR 1000 is resistant to water, glycerine, glycols and methanol; not resist
G/9 Richa Industrial Estate No 2, New K T Industrial Park, Survey No 15, Village Valiv, Vasai East, Maharashtra - 401208, India
M/s Bullows Paint Equipment Pvt. Ltd. is one of the renowned organizations that are trusted for the manufacturing and exporting of Conditioned Air Supply System. It is widely demanded by clients for meeting their requirements in the most desired manner of clients. Specifications : Unit to positively pressurize the Spray Painting BoothResist entry of dust inside the boothOffer comfort to the operatorAir filtration dow
M S Bullows Paint Equipment Pvt Ltd
Plot No. R-580 , Ttc Industrial Area , Midc , Rabale , Navi Mumbai, Maharashtra - 400708, India
We are a well-known manufacturer, suppliers and Exporter of Regulated Power Supply Systembased in India. We offer Highly Regulated High Voltage Power Supply System . We have supplied Regulated High Voltage power supply of various ratings in most of the Research Institutes. Our High Voltage Power Supply System is a compact size and can be supplied as per the specifications of the customer requirement.
Daksha Marketing & Consultancy Services
127, Sagar, Prabhat Industrial Complex, W. E. Highway, Dahisar (e), Maharashtra - 400068, India
The printing revolution starts here with our new amazing Continuous Ink Supply System. The large external ink reservoirs of our Continuous Ink Supply System continually feed the cartridges with ink through silicon feed tubes. These Continuous Ink Supply Systems are precision engineered to ensure high efficiency. Our Continuous Ink Supply System is compactly designed and is suitable to be used in different locations.
Rapid Sales Corporation
Near Ganesh Temple, Ganesh Nagar, Saykheda Road, Jail Road, Maharashtra - 422101, India
Uninterruptible Power Supply Systems
Our storage unit is inclusive of all required amenities essential for a safe storage of the products. The unit is supervised by efficient personnel ensuring zero damage to the stored items. We have carved a dignified position in the market owing to our on-time and safe delivery of the orders.
Ador Powertron Limited
Plot No. 51, D-ii Block, Ramnagar Complex, Chinchwad M.i.d.c., Maharashtra - 411019, India
We offer the best ventilation products and blowers that are energy - efficient and safe for the environment so your kitchen will remain positive and comfortable.
Gat No 1053/a Shikrapur Pune, Maharashtra , India
Uninterruptible Power Supply System
We are the prominent Manufacturer and Supplier of Uninterrupted Power Supply (UPS) in nationwide markets. The ability to perform in hardcore industrial applications has earned the huge popularity to our Uninterrupted Power Supply (UPS). We provide availability of Uninterrupted power supply that is viable with digital display which can be obtained at cost effective prices.
Indotech Industries Solutions Pvt.ltd.
Office No.1& 2,ankur Plaza,near Mumbai-banglore Highway Bridge,warje, Maharashtra - 411058, India
We are offering continuous ink supply system for epson r-230, r-270, t-60, t-1100 colors : blank, cyan, light cyan, magenta, light magenta, yellow. Pack : 4 bottles per pack. Available: 6 color ciss, 4 color ciss - blank, 6 color ciss - blank.
Rohin Industries-superblanks
104, V.k Industrial Estate, 10/14,pais Street,byculla West., Maharashtra - 400011, India
Uninterrupted Power Supply System
Aseem power tekneeks pvt.ltd. Is a progressive company manufacturing & exporting of high quality range of uninterrupted power supply system in india.
Aseem Power Tekneeks P Ltd
3 To 6 Tirupati Indl. Estate 4, Navghar, Vasai East, Maharashtra - 401210, India
located in Pune(India), we have garnered wide appreciation with our professional behavior and affordable prices. In order to ensure product compliance with stated quality norms, we conduct several tests at several stages.
528/1, Shradha Chambers, 3rd Floor, Near Dandekar Bridge Pune, Maharashtra - 411001, India
We cater to the bulk requirements for Power Supply for Led Strips. We are listed amidst the renowned Suppliers of Power Supply for Led Strips.
Hydro Pneumatic Water Supply Systems
We are immensely accredited for delivering the orders within the stipulated time frame as we have the latest transportation facilities. Rooted in Maharashtra(India), the company is providing qualitative products and that too at the most reasonable prices.
Ramesh Electrical & Mechanical Works
Shop No. 14 Chirayu Appartments Senapati Bapat Marg Near Kewal Industrial Estate Lower Parel Mumbai - 400013, Maharashtra , India
Deals in Fuel Supply System, auto fuel pump, Oil Circulation System, Fuel Connector, fuel tanks
Rochi Engineers Pvt Ltd
Gut No. 281/1, Plot No. 22, Near Ghotawade Phata, Kasaramboli, Pirangut, Pune - 412108, Maharashtra, India, Maharashtra , India
Deals in fuel system
Flat No 102, Monarch Appartment, Near It Park Nashik - 422009 Maharashtra, Maharashtra , India
Deals in Control Arm
Tough Casting Pvt. Ltd.
Plot No. E-68, Midc, Shiroli (p), Maharashtra - 416122, India
Deals in Fuel Management System, Rotameter, Glass Tube Rotameter, vacuum measuring instument, Fuel Management System, Temperature Sensors, Rotameter, Level Switches, Level Indicator, Sight Flow Indicator, Flow Meters, pressure measuring instument, Level Switches, Pipeline Strainer, Pipeline Strainer
Amar Industries
W-40, Midc Industrial Area, Butibori, Nagpur., Maharashtra , India


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Album If Jesus Came to Your Town Today
Label Miracle Records
Released January 01, 1988
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©2016 Viacom International Inc. All Rights Reserved. MTV and all related titles and logos are trademarks of Viacom International Inc.


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Hugo Strange (Earth-One)
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- "Yes, my friend-- You no longer wear your mask! I saw my chance and seized it! Your secrets are secrets no longer-- Bruce Wayne!
- -- Hugo Strange src
Early Career
Professor Hugo Strange was an evil genius infamous for committing and organizing crimes all over the world, known as an international mastermind. His early encounters with his longtime enemy, Batman mirror those of his Earth-Two counterpart. After his last criminal attempt, he was presumed dead, but in reality, Strange survived his encounter with the Dark Knight and went into hiding for a period of several years, leaving the world to think him gone forever.[1]
Strange Apparitions
During the time when Batman and the Gotham City Police Department thought him deceased, Hugo Strange fled to Europe to pursue his illicit ambitions there free from the bedevilment of costumed crime-fighters. Dissatisfied with the lack of challenge by the regular law enforcers, Strange returned to Gotham City where he hatched a new plot to ransom Gotham's most affluent citizens by establishing a mental health clinic for the wealthy, where he would transform his "patients" into Monster Men and hold them up for ransom. Bruce Wayne, having recently battled the superhuman psychopath Doctor Phosphorous as Batman, checked into the clinic to recover from radiation burns sustained during that fight, unaware of the institution's true, insidious nature. In his guise as Batman, Bruce soon discerned that something was amiss with the situation and learned that the clinic was a front for an illegal operation headed by the chief of staff, Dr. Todhunter. However, Batman's investigation of the premises was stopped when Todhunter, actually Strange in disguise, had him drugged and unmasked him in this disoriented state.[2]
Now cognizant of the Batman's true identity, Strange modified his plans to account for this most unexpected turn of events and set into motion another, multifaceted, potentially more rewarding subterfuge. Strange would disguise himself as Bruce Wayne and pilfer the Wayne Foundation of its considerable funds, before organizing an underworld auction for the knowledge of the Batman's secret identity. Once word of the auction spread, Strange instantly attracted the attention of three interested possible bidders: The Joker, the Penguin, and corrupt Gotham City Council member Rupert Thorne. All events seemed to point towards the revelation of the Batman's most closely preserved secret, yet things did not go as anticipated in the end, as Thorne's henchmen kidnapped Strange and tried to torture the information of Batman's alter ego out of him. Resistant to the end, Strange apparently died from the abuse he suffered at Thorne's hands, and his corpse was evidently then dumped into the harbor.[3]
The Ghost of Hugo Strange
Many weeks after this all had transpired, Rupert Thorne, still the foremost hegemon of organized crime in Gotham City, began being plagued by visions of the ghost of Hugo Strange. Strange's "ghost" routinely threatened Thorne upon his every appearance with impending doom, stating that his third visit would mark the hour of Thorne's demise. Driven to the brink of madness from the shock and uncertainty of it all, Thorne hired Doctor Thirteen, a professional debunker of alleged supernatural phenomena, to discredit the reality of the "ghost of Hugo Strange." As might be expected, Doctor Thirteen deduced that the phantasm was a holographic projection generated by devices surreptitiously scattered throughout Thorne's residence and that its voice was merely a recording.[4] Consumed by crippling paranoia, Thorne convinced himself that the appearance of Strange's "ghost" was the work of two subordinate, corrupt elected officials, whom he suspected of conspiring to overthrow him: Mayor Hamilton Hill and Police Commissioner Peter Pauling. Eager to take action against the perceived traitors, Thorne started with Pauling and successfully murdered him, only to be shot himself and taken in by the Batman. In the aftermath, it was revealed that the "ghost of Hugo Strange" was actually the doing of the real Hugo Strange, who was alive and well the whole time.[5] In the past, while being interrogated by Thorne's men, Strange used a yoga technique to slow down his heart rate to be virtually undetectable and thus simulate death, explaining how he had survived the seemingly fatal ordeal. With his revenge on Rupert Thorne exacted, however, now Strange was free to focus his efforts once again on the Batman.[6]
Time to Settle the Score
Having at long last seen his machinations to bring about the downfall of Rupert Thorne come to fruition, Hugo Strange then formally "returned from the dead" a third time, intent on settling the score with the Batman, the only opponent worthy of his respect. Strange's return was marked by Bruce Wayne's relocation, unbeknownst to him, to a replica Wayne Manor, where he would be befuddled with ubiquitous sets of two robotic duplicates, one modeled after Alfred Pennyworth and the other after Dick Grayson. These sets of duplicates would make abrupt disappearances and reappearances at a whim, making Batman question the veracity of his own sensory input. The truth was only made plain once Batman descended to the replica Batcave, where Strange made an appearance dressed head to toe in a replica Batsuit. Strange once more desired the usurpation of Batman's two lives, those of Bruce Wayne and the Dark Knight, albeit for seemingly less rational reasons than the perpetration of grand larceny this time. As Batman and Strange grappled, the latter inadvertently flipped the self-destruct switch for the replica Wayne Manor, forcing Batman and Dick Grayson, who had arrived during the fight as Robin, to escape before the complex came down over their heads. When the ruins of the mansion-like deathtrap were rummaged through afterwards, only the shattered remnants of destroyed androids were found; Hugo Strange's body was not. As if the lack of a cadaver were not already an obvious foretelling of Strange's inevitable return, the criminal mastermind would confirm this prediction by showing his hand once more in the ensuing months.[7]
Around the time of the Crisis on Infinite Earths, Hugo Strange made his final comeback, accompanied by his ultimate revenge scheme, concocted for the destruction of Batman first as Bruce Wayne and subsequently as the symbol he represents. The end goal would have been nothing less than the total annihilation of everything the Batman ever was and ever stood for, cementing the triumphant Hugo Strange within Batman's rogues' gallery for the rest of time as the supreme foe. Indeed, it actually almost worked. By using his many unknown contacts on both sides of the law, Strange managed to have the Wayne family fortune and estate both confiscated within a matter of days, reducing Bruce Wayne from Gotham's billionaire bachelor to a woebegone pauper. As if this were not enough to utterly defeat the Batman, for Strange knew of his legendary resilience all too well, he also prepared to frame Batman as a criminal and reveal his secret identity to the public. Fortunately, Batman and the new Robin thwarted Strange and turned him over to the authorities along with evidence of his wrongdoing. With Strange's underhanded manipulations brought to light, Bruce Wayne's estate and fortune were both returned to him. Yet Batman realized that Strange, having exhausted his many options to defeat him through complicated trickery, might very well reveal his true identity once behind bars. Taking precautions against this, Batman told Detective Harvey Bullock that Strange uncovered his secret identity in the past but that he hypnotized Strange to "incorrectly recall" the face behind the mask as that of Bruce Wayne, reasoning that Bruce's licentious playboy reputation made him the individual most were least likely to believe was really him. Once Strange did as anticipated and bragged of how he learned that Batman and Bruce Wayne were one and the same, Bullock mocked Strange and retorted with the elaborate lie that Batman told him. Wracked with doubt and horrified by the idea that his memory was tampered with, Strange drove himself to the brink of a nervous breakdown.[8] He has not been seen since, as far as can be determined.
Powers and Abilities
- Deception: He is also a master manipulator, as well as being skilled at infiltration.
- Genius Level Intellect
- Martial Arts
- Psychiatry: Strange is trained in psychiatry, athletics, and Eastern meditation.
Recommended Reading
- 19 Appearances of Hugo Strange (Earth-One)
- 3 Images featuring Hugo Strange (Earth-One)
- 2 Quotations by or about Hugo Strange (Earth-One)
- Character Gallery: Hugo Strange (Earth-One)
|Batman Villain(s)
This character, team or organization, is or was primarily an enemy of the Batman, or the Batman Family as a whole. This template will categorize articles that include it into the category "Batman Villains."


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Twitter has agreed to acquire news aggregator startup Summify to boost its news management capabilities.
Summify said in a posting to its site that it would be joining up with the microblogging giant. Founded in Romania, the company has more recently been based in Vancouver, Canada at the Bootup Labs startup incubator facility.
The Summify platform allows users to collect and summarize news items into a single visual feed. The service is able to deliver the news feeds as a web page, email message and mobile application.
"Our long-term vision at Summify has always been to connect people with the most relevant news for them, in the most time-efficient manner," the company said in a blog post announcing the deal. "As hundreds of millions of people worldwide are signing up and consuming Twitter, we realized it's the best platform to execute our vision at a truly global scale."
Terms of the deal were not disclosed.
Word of the merger comes as Twitter faces increased competition from rival social networking paltforms. Facebook has been increasingly focused on the microblogging space with its News Feed updates. Meanwhile, the Google+ network has sought to boost its profile by integrating with the company's search platform, a move Twitter dismissed as "bad for web users."
This article was originally published on V3.
Related reading
Five most important search marketing news stories of the week
This week, both LinkedIn and Facebook are beefing up their paid social offerings in different ways, while Google seeks to cut off Adwords revenues for fake news sites. And might Google be favouring desktop over its own AMP in its upcoming mobile-first index?


text:
Ryan slams 'ugliness' in politics amid Trump-driven chaos
House Speaker Paul Ryan on Wednesday decried ugliness and divisiveness in American politics.
House Speaker Paul Ryan on Wednesday decried ugliness and divisiveness in American politics.
Belgium authorities are searching for at least one suspect identified in the wake of Tuesday's deadly terror attacks.
President Barack Obama is pledging that the United States will go after the Islamic State group aggressively.
The Kansas Department of Transportation has reopened I-70 at Hays as of 9:45 a.m.
Hays police are investigating an ATM burglary. It happened early Tuesday morning around 1:30 a.m. at Cervs convenience store.
A 5-year-old girl has been credited with saving her mother's life after she fell unconscious in their swimming pool.
Allergy season is in full swing, and Jackson, Mississippi currently has the highest pollen count in the nation.
The Church Today Ministries had several musical instruments stolen in a burglary.
The Cincinnati Zoo says one of its cheetahs has died two weeks after giving birth to five cubs.
The sign will remain standing after the board met to discuss whether it should be taken down.
No flights are being allowed to land at Denver's airport and departures are being delayed because of a powerful storm .
The state of Michigan is "fundamentally accountable" for Flint's lead-contaminated water crisis.
The fight against colon cancer is getting an extra boost here in Wichita thanks to the local Colon Cancer Coalition.
Authorities have evacuated public areas of the domestic terminal while police investigated a suspicious package.
Crews are working to battle a large grass fire in southcentral Kansas.


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November 8, 2012
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.MICHAEL SMITH A/K/A LAWRENCE HAGLER, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 98-05-0509.
Submitted: October 17, 2012
Before Judges Axelrad and Sapp-Peterson.
Defendant Michael Smith appeals from the denial of his first petition
for post-conviction relief (PCR), without an evidentiary hearing, in
which he alleged ineffective assistance
of trial counsel in connection with sentencing issues.*fn1
We affirm.
On May 21, 1998, defendant was charged with first-degree murder (count one); second-degree possession of a weapon for unlawful purpose (count two); and third-degree unlawful possession of a weapon (count three). Defendant completed and signed a plea agreement, and on May 14, 2001, in accordance with the agreement, pled guilty to an amended charge of first-degree aggravated manslaughter, and counts two and three were dismissed. The court conducted a colloquy with defendant as to the knowing and voluntariness of his plea and the terms of the recommended sentence.
Defendant testified that on December 4, 1997 he fatally shot Archie Covington. According to defendant, earlier that day, he and Covington were fighting and Covington threatened to return with a gun. Instead, defendant returned to the scene with a gun and when Covington got out of a car, defendant got "scared and [he] just fired into the car and [he] hit [Covington]." The court was satisfied the plea was entered into knowingly and voluntarily, and defendant had provided an adequate factual basis for the conviction.
On September 21, 2001, defendant was sentenced to the negotiated term of twenty years in prison subject to the 85% parole ineligibility provision of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and five years of parole supervision. Mandatory fines and penalties were also imposed. The judge found the following aggravating factors: the risk that defendant will commit another crime in the future, N.J.S.A. 2C:44-1(a)(3); prior criminal history, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). He also considered the additional aggravating factors of the age of the victim and the impact on the victim's family. The judge found no mitigating factors. Prior to announcing the sentence, the judge explained, "[b]ut for this plea agreement, I can assure you, you would have received a greater sentence."
On June 26, 2003, defendant filed a notice of appeal challenging his sentence, and the matter was scheduled on an ESOA calendar. By order of October 9, 2003, we affirmed defendant's sentence. We concluded that "despite the improper consideration of defendant's age and harm to victim's family, the sentencing is not manifestly excessive or unduly punitive and does not constitute an abuse of discretion." On March 1, 2004, the Supreme Court denied certification. State v. Smith, 179 N.J. 369 (2004).
On October 24, 2004, defendant filed a pro se PCR petition alleging ineffective assistance of counsel and requested appointment of counsel. On June 26, 2006, counsel filed a brief on defendant's behalf, arguing ineffective assistance of trial counsel in failing to argue for mitigating circumstances at sentencing and for a sentence less than the maximum allowed by the plea agreement, that trial counsel ignored the failure to provide him with the supplemental NERA plea form, and trial counsel and the court did not adequately explain to him the additional five-year period of parole supervision under NERA.*fn2
He also argued appellate counsel failed to raise these issues, not relevant to this appeal.
On December 20, 2010, Judge Robert C. Billmeier heard oral argument and denied defendant's PCR petition by order and written opinion on January 26, 2011, concluding that an evidentiary hearing was not warranted. The judge found defendant's trial counsel performed his role reasonably, and thus defendant failed to meet the first prong of Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984). The judge was satisfied defendant "received the exact terms of his bargain." He also found that mitigating factors were indirectly addressed at the sentencing. For example, defense counsel told the sentencing judge that defendant "was afraid that [the victim] would have a gun, and if he went back there . . . he could get shot." Also, defendant apologized to the family and stated to the judge that he felt threatened. See N.J.S.A. 2C:44-1(b)(3) (the defendant acted under a strong provocation), (5) (the victim induced or facilitated the defendant's conduct), and (9) (the defendant's character and attitude indicate he is unlikely to commit another offense). Additionally, the pre-sentencing report noted that defendant had a substance abuse problem. See N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify the defendant's conduct, though failing to establish a defense).
The judge also found that "[defendant] was well aware that as a result of his plea, he would be subject to a five-year period of parole supervision subsequent to his incarceration." Thus, it was "reasonable for trial counsel not to object to the absence of the supplemental NERA form." The judge explained that even though a defendant must be made aware of the five-year period of parole supervision pursuant to State v. Johnson, 182 N.J. 232, 241 (2005), the Supreme Court did not specify the notification had to be given via the supplemental NERA form. The judge further determined that defendant, who provided no certification, "failed to establish that he would have changed his guilty plea had he either received the supplemental NERA form or had the [sentencing judge] specifically addressed that the five-year supervised parole term could result in additional prison time." Judge Billmeier additionally noted that defendant received an extremely favorable sentence as a result of his plea bargain and would have received a greater sentence if the case had gone to trial.
This appeal ensued. On appeal, defendant argues:
Based on our review of the record and applicable law, we are not persuaded by any of defendant's arguments and affirm substantially for the reasons stated by Judge Billmeier in his written opinion. We add the following comments.
The test for ineffective assistance of counsel was formulated in Strickland, and adopted by our Supreme Court in State v. Fritz, 105 N.J. 42 (1987). To establish a deprivation of the Sixth Amendment right to the effective assistance of counsel, a defendant must satisfy the following two-pronged Strickland/Fritz test: (1) first that counsel's performance was deficient and he or she made errors that were so serious that counsel was not functioning effectively as guaranteed by the Sixth Amendment to the United States Constitution; and, (2) second, that there exists a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different." Strickland, supra, 466 U.S. at 687-88, 694, 104 S. Ct. at 2064, 2068, 80 L. Ed. 2d at 693, 698. In making that determination, a defendant must overcome a strong presumption that counsel rendered reasonable professional assistance. State v. Parker, __ N.J. __, __ (2012) (slip op. at 11). If a defendant establishes one prong of this test, but not the other, the petition for PCR must fail. Parker, supra, slip op. at 12.
There is ample basis in the record to support the PCR judge's conclusion that defendant failed to satisfy either of these prongs, and that an evidentiary hearing was not warranted. In Johnson, supra, 182 N.J. at 241, the Supreme Court held that "being subject to NERA's mandatory period of parole supervision constitute[s] a direct, penal consequence of [the] defendant's plea[,]" of which he should have been advised before his guilty plea was accepted. The Court further held "that [a] defendant must demonstrate how the omission of information about NERA materially affected his decision to plead guilty. To demonstrate a manifest injustice, [a] defendant must show that the lack of information prejudiced him in making his decision to plead." Id. at 244. Because the defendant in Johnson was not informed about the consequences of being subject to NERA's fixed period of parole supervision, the Court remanded to allow the defendant a materiality hearing. Id. at 241, 244.
In contrast with Johnson, as found by Judge Billmeier, our record clearly demonstrates that defendant was advised of and understood the mandatory five-year period of parole supervision under NERA, as it was discussed by the court during both the plea colloquy and sentencing. In fact, defendant acknowledges that the judge mentioned during the plea colloquy that his sentence would be subject to the five-year parole supervision term. Defendant's argument, however, is that the "brief colloquy on the record is insufficient to fully explain all the consequences and implications of that provision to defendant" and trial counsel's failure to object to the omission of a supplemental NERA form*fn3 and admission that he "did not think one was required" is prima facie evidence of his ineffectiveness. We reject both arguments.
If a defendant makes out a prima facie case of ineffective assistance at trial by a preponderance of the evidence, viewing all facts in the light most favorable to the defendant, the court has the discretion to hold an evidentiary hearing and make a determination on the merits of defendant's claim. R. 3:22-10; State v. Preciose, 129 N.J. 451, 459-64 (1992). A court will not grant an evidentiary hearing "if the defendant's allegations are too vague, conclusory or speculative[.]" R. 3:22-10(e)(2).
Defendant completed and was questioned by the court about the standard plea form. When it became apparent during the plea colloquy that he had not completed a NERA supplemental plea form, the judge decided to verbally convey the pertinent information contained in that form. Although it would have been preferable for defendant to have completed the form, as the PCR judge noted, Johnson did not expressly require the notification to be given only through the supplemental NERA form. As the record reflected, defendant was duly apprised of the direct, penal consequences of the negotiated plea he entered and received, including the NERA parole supervision term, and it is of no moment that trial counsel did not object to the absence of the supplemental NERA form.
The judge asked defendant, "[d]o you also understand in connection with the sentencing, you would be subject to an additional five year term of parole supervision?" Defendant responded "Yes." Next, the judge asked defendant if he had "[a]ny questions about that[,]" to which defendant responded, "No." At sentencing, the judge again informed defendant that he was sentenced to twenty years in prison and was required to serve seventeen years without parole eligibility; after which, he was "imposing a requirement that there will be a continued parole supervision period of five years." When he asked defendant if there were "any questions about the sentence that has been imposed?" defendant again responded in the negative.
Defendant next argues ineffective assistance of trial counsel in failing to argue mitigating evidence to support a lesser sentence than that contemplated by the negotiated plea agreement, relying on State v. Hess, 207 N.J. 123 (2011), decided during the pendency of the appeal. The terms of the negotiated plea agreement in Hess, entered into in 2001, required the defendant to plead guilty to aggravated manslaughter, acknowledge she would receive a thirty-year custodial sentence with a twenty-five-and-one-half-year parole disqualifier, concede "that the aggravating factors . . . so preponderate over the mitigating factors . . . as to make the maximum term of 30 years appropriate[,] agree that neither she nor her attorney would affirmatively seek a lesser term of imprisonment from the Court[,] and agree not to appeal her judgment of conviction." Id. at 136-37 (internal quotation marks omitted). "In return, the State agreed that it would dismiss the murder charge, thus reducing by 4 1/2 years the mandatory minimum for murder, i.e. thirty years without parole." Id. at 137 (internal quotation marks omitted).
At sentencing, all without objection from defense counsel, a "victim-impact" statement was presented; the victim's sister addressed the court; the prosecutor played a professionally produced seventeen-minute video, with music, depicting the victim's life; and the prosecutor extensively emphasized the aggravating sentencing factors and suggested that defendant's character "virtually wipes out any of the mitigating factors." Id. at 137-38 (internal quotation marks omitted).
In response, Hess' defense counsel stated that his hands were "somewhat tied" by the plea agreement. Id. at 138. He never mentioned any of the evidence he developed from his client or from other witnesses that the defendant was a physically and psychologically battered woman, and mentioned nothing redeeming about the defendant's character or her otherwise blameless life. Ibid. Defense counsel did not argue against an aggravating factor or in favor of a mitigating factor. Ibid. He conceded he could not, "pursuant to the plea agreement, ask the court to sentence [defendant] to less than thirty years. . . . [but,]
[n]evertheless, he asked the court to make an independent evaluation of the defendant and of the aggravating and mitigating factors, and to consider whether a thirty-year sentence was appropriate for a thirty-four-year-old woman." Ibid. (internal quotation marks omitted).
The trial court found support for two aggravating and two mitigating factors, found the aggravating factors outweighed the mitigating ones, and referenced defense counsel's agreement not to argue for a sentence of less than thirty years. Id. at 138-39. Though noting it was authorized to sentence to less than the plea agreement, it also noted this was the type of case where the defendant could have been sentenced to more had she been convicted of the original charge at trial, but in the interests of justice, imposed the recommended sentence. Id. at 139.
The defendant did not file a direct appeal, rather, she filed a PCR petition in 2005 alleging ineffective assistance of counsel at sentencing. Ibid. The Supreme Court reversed the trial court's and our denial of defendant's PCR petition, in part based on the plea agreement restrictions and failure to argue aggravating and mitigating circumstances, and remanded for vacation of the plea or a new sentencing hearing without the offending provisions. Id. at 160. In doing so, the Court affirmed the principles we enunciated in State v. Briggs, 349 N.J. Super. 496, 501 (App. Div. 2002), that "there can be no doubt that a defense attorney must have an unfettered right to argue in favor of a lesser sentence than that contemplated by the negotiated plea agreement."
As the Supreme Court elaborated,
Our jurisprudence does not permit restrictions on the right of counsel to argue for a lesser sentence, or to argue against an aggravating factor or for a mitigating factor, or how the factors should be balanced, as this would deprive defendants of the needed advocacy of their attorneys and deny our courts the needed insight to administer justice.
[Hess, supra, 207 N.J. at 153-154.]
The Court held that defendant was denied her constitutional right to the effective assistance of counsel because her attorney failed to present and argue mitigating evidence at sentencing, and that plea agreement provisions restricting the right of counsel to argue for a lesser sentence are void. Ibid. The Court explained:
[T]he failure to present and argue the mitigating evidence can only be explained as attorney dereliction. In the end, the restrictive plea agreement helped to fuel the breakdown of the adversarial process in this case. The net effect of counsel's abdication of his role as an advocate was that the sentencing court was deprived of information and arguments that might well have led it to impose a lesser term. The sentencing court heard the prosecution's impassioned account, and from the defense a deafening silence.
We find that the failure to present mitigating evidence or argue for mitigating factors was ineffective assistance of counsel -- even within the confines of the plea agreement. Defendant's attorney was not functioning as the "counsel" guaranteed by either our Federal or State Constitution. Based on both the evidence and argument withheld from the sentencing court, "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." [Id. at 154 (internal citations omitted).]
In considering defendant's argument on this issue, we have to analyze the record as a whole. We are convinced Hess is factually inapposite and is not a basis for granting defendant post-conviction relief in this case. The overall record reflects that defendant's trial counsel was a zealous advocate for his client. He negotiated an extremely favorable plea bargain, as noted by the sentencing judge, which downgraded the charge to which defendant pled from first-degree murder to first-degree aggravated murder, which, in and of itself took into consideration the mitigating factors of defendant's altercation with Covington. Additionally, as part of the negotiated plea, the two weapons charges were dismissed.
The plea agreement contained none of the plea restrictions contained in the Hess agreement. Moreover, as the court informed defendant during the plea colloquy, his potential exposure even on the amended charge was a maximum of thirty years subject to NERA. See N.J.S.A. 2C:11-4(c). Instead, under the negotiated plea agreement, the prosecutor agreed to recommend a sentence of "20 years incarceration with 85% incarceration (17 years)."
Although at sentencing defense counsel did not specifically delineate specific mitigating factors as such, he did state, "I'm not going to rehash the facts . . . and I'm not trying to justify his acts . . . and I believe at the time of the plea, he was afraid that Mr. Covington would have a gun, and if he went back there that probably he could get shot." He asked the court to abide by the plea bargain. Additionally, defendant had the opportunity to make a statement, which he did; he apologized to the victim's family, stating, "I thought that he threatened me, that he was going to get a weapon, so, I felt as though my life was in threat, so I went and got one and I shot him first." Such a statement addresses mitigating factors. N.J.S.A. 2C:44-1(b)(3), (4), (5), (9). Thus, the court had before it all valid mitigating factors, assessed them, and found them to carry no weight. See State v. Blackmon, 202 N.J. 283, 291 (2010); State v. Dalziel, 182 N.J. 494, 504 (2005). In further contrast with Hess, defendant presented no relevant mitigating factors that he claims were not argued by defense counsel and which would have made a difference in the outcome of his sentence.
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Graduation Crafts
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Latest Comments
"Pretty, yet simple to make how I would describe this bracelet. Any girl would like to make this and wear one. This would be a great group project for girls to make together at a sleep over or a birthday party. I think I'll have to make one for me too."
"Get a life.Quit your bickering."
"Speaking of gadgets...More than anything I would like to find a clicker or counter that I could click with my foot. When I am working with my hands and doing multiple pieces, it would help if I didn't have to stop at every one to count it on a hand clicker. And the finger one just gets in my way. Any help?"
Graduation Card in a Can
By: Fawnda Norman for Fireflies and Jellybeans
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What does a Grad want as a gift from you at their open house? Money or gift card. Here is a cute way to dress up the gift of money or gift card in a unique card in a can. Project designed by Fawnda Norman.
- Can (Peanut cans work good, I use the Gerber Lil' Crunches cans)
- Scrapbook paper (I like to try to match the High School colors)
- Ribbon
- Scissors
- Hot glue
- X-acto Knife
- adhesive
- Clean out your can.
- Using your can mark how tall you need to cut your paper to cover the can.
- Cut out the paper and glue it to cover the outside of your can.
- Trace around the top of your can. cut of the circle.
- Hot glue the paper circle to the top of the can.
- For the strip around: Cut out a strip the is about 1/2 inch thick. Ink the edges to give it a distress look and fold it back in forth like a fan.
- Unfold a bit and crinkle in your hand to make the paper easier to handle and more distressed.
- Hot glue the strip around the edge of the lid. Try to keep some of the wrinkles in the paper while you are glue-ing. I needed to use more than one strip to make it all the way around.
- Using an X-acto knife on a safe surface cut a slit into the lid. Make sure you go through all layers.
- Cut out rectangles and mat onto each other and punch a hole at the top and the bottom.
- Lace your ribbon through the holes. I left on of my rectangles out to put on the top of the lid as a tag. Leave enough ribbon at the top the lace trough the slit on the lid and on the bottom to tie a gift card (of cash) on to.
- Tie a knot and lace through the slit on your lid.
- Lace through the rectangle you left as a tag and tie a loop.
- Tie on the gift card or cash on the bottom of the ribbon.
- Write your sentiments on the rectangles and sign your name and put it all into the can with the lid on top!
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