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Smoky Mountain puts your safety and comfort at the forefront of these work boots for men. The men's work boots are designed to protect you when you need it the most and can't afford to think about it when there's a job to be done. Smoky Mountain will be right there with you on the jobsite, delivering protection and all-day comfort for the hardest working man you know- you!
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Home » Parks and Recreation » Art Fair 2016
Located at 52700 Van Dyke Avenue, south of 24 Mile Road
CHECK OUT THE NEW ART FAIR WEBSITE: http://shelbyartfair.wix.com/shelbyartfair
Check Us Out on Pinterest and Facebook!
The 2016 Award Winning Artists are as follows:
Best of Show
Dale Cantrell
Audrey Ratterman Memorial Award
Shirl Hathaway
Excellence Awards
Carolynn Burley
Karen Holton
Jack & Laura Leyrer
William Nardin
Augusta Simons
Shelby Township Fine Art Society Artist Tent
620 of those who visited the Shelby Township Art Fair Society display and sale
at the Art Fair voted in our Peoples Choice Awards. One question those voters
always ask, is "how will I know who won?" The answer is a watercolor painting
titled "Autumn Reflections" so the winning artist is Barbara Gasparski.

subset: commoncrawl


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Big Brother Day 16 – Dale Compliments Jennifer
Dale showered Jennifer with compliments in an early morning chat today.
The Big Brother couple started talking about the first time they met, and it wasn't long before fellow housemate Darnell – who was sitting with the lovebirds – began to look distinctly uncomfortable.
Perhaps fishing for compliments, Jen said "I remember Dale staring at me. Why were you staring?"
Without missing a beat, Dale replied "Because I was shocked when I saw you, because you're really pretty."
Darnell let out a nervous laugh, while an embarrassed Jen covered her face with her hands.
She then said she had been up for ages and wasn't looking her best at that moment.
Clearly on a roll, Dale said "You are pretty. This is when it counts because that's when you know that someone's naturally pretty."
Trying to steer the conversation in another direction, Darnell said "Yeah, for real. When they wake up in the morning and they're still looking good, you know you're onto a winner, dude."
Taking the hint, Jen then killed the mood by asking Dale if he had ever woken up next to someone who was really unattractive.


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Not every sale pans out, but there are certain preparations that you can make to ensure that the frequency and severeness of these failures are minimized, writes Dave Kurlan. First, make sure you have other leads so that you won't waste time on lost causes. Also, have a set sales process with defined decision points where you can either walk away or keep going with a sale, Kurlan advises.
Full Story:OMGHub.com


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No joke, Phoenix Wright: Ace Attorney - Dual Destinies is one of the best games on the Nintendo 3DS. Thank goodness Capcom knows it, because they're releasing the game's first campaign DLC, Turnabout Reclaimed, starting today! Pink pirates with glorious moustaches, killer whales that may in fact be killers, and more mystery than any attorney can handle. It's... beautiful.
In addition to the release announcement Capcom supplied a launch trailer for the DLC which shows off some of the DLC's in-game cinematics. In addition to that there's a bit of teasery dialogue that's certain to max out viewers' intrigue. Plus, Pearl is back! What would we do without Pearl.
Pick up Phoenix Wright: Ace Attorney - Dual Destinies today exclusively on the Nintendo 3DS, which now has additional campaign DLC available in the form of Turnabout Reclaimed. It's the story of an innocent killer whale, or is she? Pick it up for just $5.99 and enjoy another full length case, which should fill the next few years before another Phoenix Wright game is released. It's one of the best games of the year, pick it up if you haven't already.
Thanks to Amsey for the tip!


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Library Journal - Library JournalJackson is perhaps best known for her gripping and disturbingly thought-provoking short fiction, and this tape provides seven of these stories, from her best known "The Lottery" to some lesser-known but equally intense examples. The short story form is well suited to the audio format, often preferred by listeners who are reluctant to take on lengthier fiction but who still expect quality offerings. This tape will please them, and others as well. Narrator Carol Jordan, approaches her task with some deliberation and determination, which makes for an occasionally flat and narrow-ranged cadence. There is not much difference in the voices of the various characters, but overall her cheerful reading strikes a necessary contrast to the underlying eerieness and terror of the material. A good addition to audio collections.Harriet Edwards, East Meadow P.L., NY
The Lottery and Seven Other Stories (2 Cassettes)by Shirley Jackson, Carol Stewart (Read by), Carol Jordan Stewart (Reader)
Editorial Reviews
Product Details
- 9781572700512
- Publisher:
- Audio Partners Publishing Corporation
- Publication date:
- 02/28/1998
- Edition description:
- Unabridged, 2 Cassettes
- Pages:
- 15
- Product dimensions:
- 4.22(w) x 6.96(h) x 0.62(d)
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As the CRM Director for my organization, I'm always looking for ways to help our staff improve relationships with our customers. Business networking is one way that we can acquire new customers and build more effective relationships with them.
Thom Singer, one of my Toastmaster buddies and fellow business blogger (Some Assembly Required) has written two books on business networking. Recently he published his second book, The ABCs of Networking. He describes it as an "airplane book," one that can be read in about an hour on an airplane. I read it and found it helpful to me, but I wanted to see if newly hired employees who needed to network on a daily basis would find it relevant.
I gave it to someone who had just been hired for a frontline "people" position days earlier. The other day she e-mailed me back and this is what she said:
I really enjoyed it. It is a quick read – a plus for the busy. It had some points in it that you might not have thought about – different follow up ideas, how to get some of your network together, and marketing even when it is not your intent (while he was shopping). I think that from an experienced marketer, his words offer some best practices. Although things might not work for everyone, he is able to put ideas in your head as to what could work once you hone and make it yours.
I also liked the fact that he kept it simple. He did not "talk down" to the reader, but he kept his ideas quick, simple to remember, and simple to follow. Too many times, a reader will become inundated with information. His steps were easy and simple enough to combine. A lot of what he said is general networking common sense, but many networkers do not think about them enough.
I recommend Thom's book to anyone dealing with customers, either in B2C or B2B. (Full disclosure: I've received nothing of any sort to say this.) By networking with your customers, you'll get to know them and their needs better. You'll spend more time interacting, therefore you'll have more opportunities to sell. You may also be able to bring two of your customers together who don't know each other now, one who has a need, the other the ability to exceed it. When that happens, I bet they both will be more loyal to you.
Check out Thom's blog and his books. I've already pass other copies along to our major accounts VP and other frontline staff. You should too.


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Read all of PUSH: One Man's Journey
Goddess of Thunder
It thunderstormed like crazy on Friday night. Sarah is deathly afraid of lightning and couldn't sleep, so we went down to the basement and turned on the TV. I fell asleep on the floor, with her snuggled up against me, squeezing my arm a little tighter at every clap of thunder. The next morning, we found that the basement had flooded around us while we were sleeping. Every step we took, water squished between our toes. It was such a bloody mess that we had to buy a wet/dry vac, a dehumidifier and two electric fans -- and it still took three days before the carpet dried. It still smells like an armpit down there.
Then our toilet overflowed the next morning. I won't go into details here, but I will say that we were still wearing flip-flops in there to avoid the invisible tiny shards of broken glass from the mirror a few weeks back. The clean-up process was a nightmare.
So let's see, since Sarah got pregnant, we've got the broken mirror, the ladder in Vegas, an army of stray black cats wandering around our back alley, and now we can add overflowing toilets and acts of God and to the list. All that's left for us to do is step on a few cracks while swallowing our gum on Friday the 13th. It's a good thing we don't believe in superstitions.
I decided to go online to see what's out there regarding Expectant Father Anxiety. I found a web site that discussed the worst fears of expectant fathers to see how I'm holding up.
Fear: My wife will turn into a crazy woman.
Reality: A couple of meltdowns here and there, but so far, so good.
Fear: My wife will get fat and unattractive.
Reality: Sarah views this as a nine-month free ride, food-wise -- but she currently looks better than ever.
Fear: She won't lose her pregnancy weight after the pregnancy.
Reality: Sarah's weight has always fluctuated more than NASDAQ, and I haven't sold my stock yet. I'm not worried.
Fear: We will never have any money again.
Reality: This is a legitimate worry. The average household spends almost $10,000 in the first year of their baby. We've got two mortgages and three credit cards and we have never really paid attention to how much we are spending.
Fear: I'll never be able to have sex with my wife after watching the delivery.
Reality: I can't imagine what level of carnage, short of a seven-pound maggot writhing out of Sarah's uterus, could possibly make this happen.
Fear: We won't have a healthy baby.
Reality: I wouldn't be human if I didn't think about this. But 97 out of every 100 couples have healthy babies. Then again, someone's got to be those three.
Fear: I'll faint during the delivery.
Reality: It's entirely plausible; I can't even give blood without getting woozy. I even feel a little sick after typing that maggot line.
Fear: I'm not ready to be a dad.
Reality: This one hits close to home. I'm still just a kid: young, dumb, and impatient. But when I look at all the other fathers out there who are younger, dumber, and more impatient, I'm pretty sure I'll do OK.
Babu is now about the size of a Star Wars action figure and its heart rate is equal to that of a cocaine addict (120-160 beats per minute). And I'm slightly alarmed to read that it has started to develop a fine, downy covering of body hair called lanugo. Lanugo. Sounds like the name of a Hispanic boys' band.
Thanks to brain impulses, Babu is now frowning and grimacing nonstop; its liver is secreting all kinds of bile and, furthermore, the kid is discharging more urine than ever into Sarah's amniotic fluid. So this fetus, as far as I can tell, is hairy, grumpy, and incontinent. Spend any amount time in an assisted living home, and you'll realize that life really does come full circle.
With this weirdo mutant thing nesting inside her, my wife sometimes feels entitled to take advantage of the situation. I don't mind the manual labor, but Sarah has begun using her pregnancy to get me do things that she should be doing for herself. The other day, I was sitting on the couch, uploading music onto my laptop, when she hollered across the room, "Honey, can you hand me four Wheat Thins?"
I looked over. She was sitting at the dining room table, reading, and the open box of Wheat Thins was on the table, no more than two feet from her. I was at least ten feet away.
"Who, me?"
"Yeah, you."
"You want four Wheat Thins."
In any other set of circumstances I would've responded with something along the lines of, "Are your arms broken?" But I must have stared at her for too long, because she glanced up from her book, and the look on her face was chilling. My blood stopped pumping through my veins and coagulated on the spot. I got her the Wheat Thins.
And you better believe I handed her four.
Not five.
Not three.
Then I got the hell out of there.


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I am a little timid at first but I'm a sweet girl and would love to find another home that loves me and treats me wonderfully! My owners had to leave me, my mom, and my 2 siblings behind due to unfortunate circumstances in their life. We were outside our home for about 3 weeks with some nice neighbors and other animal lovers feeding us and watching out for us until someone could take us and find us our new fur-ever homes. I like attention and being petted once I get comfortable with you. I am good with other cats, strange ones after a slow, careful introduction but my foster mom hasn't seen me around kids and dogs. She thinks I'll be okay as long as they are cat friendly or willing to work on it with me! I am litter trained, indoor only, and now microchipped so I'll never be homeless again! I am 3 years old and tested negative for feline leukemia and FIV.
If you are interested in adopting, please fill out an adoption application.
Top Reviews
Henry looks sad. He's so handsome! Is he up for adoption? What is the adoption fee?
Wendy Kinswa


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With more than 10 years experience in the off highway sector Filter Solutions Ltd are considered specialists in Filtration. Our off highway customers include:
We approach all our customer requirements with an engineering head and solid experience of their business. As an example: since 2003 we have worked very closely with Aplant Hire providing them with innovative filtration solutions that literally save them £000,000's per year. During this time we have been working in their plant hire depots and coming to understand their business and engineering requirements. Our business is not driven by volume or price. The main focus here is to deliver products that are:
Brands that we support and promote include:


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Chinese Traditional Massages Services
1 / 9
To get people with body pains to know our great health services
Schaumburg, IL
We specialize in ancient certified and professional Tui-Na 推拿 and Zhi-Ya 指压 Chinese massages. Our certified and professional massage therapists are highly capable in these ancient Chinese massage traditions and their health benefits. Get an top upscale Asian massage to treat yourself from http://www.ChineseTraditionalMassages.com Regular Tui-Na Massage 60min for $70 Free: Salt Stamp, Hot Towel Treatment, Hot Oil and Salt Stamp or Chinese Cupping
Massage Services
November 16 on Oodle
Chinese Traditional Massages T. Let me know if you have any questions. – Chinese Traditional Massages T.
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OKeh Recording Artist SOMI Announces National Tour
in Support of Critically Acclaimed Album,
The Lagos Music Salon
September 16 / Blue Whale / Los Angeles, CA
September 17 / UCLA Center for Art of Performance at The W Hotel / Los Angeles, CA
September 18 / L.A.N.D. Salon / Los Angeles, CA
September 19 & 20 / Red Poppy Art House / San Francisco, CA
September 21 / Lucid Lounge / Seattle, WA
September 27 / University of Chicago Arts Incubator Panel / Chicago, IL
September 27 / The Listening House / Chicago, IL
October 4 / Southwest Arts Center / Atlanta, GA
October 12 / Bowery Arts & Science / New York, NY
October 16 / Brooklyn Public Library / Brooklyn, NY
The Salon Tour Features Collaborations with Community
Art Spaces to Recreate Original Lagos-Style Salons
Critically acclaimed OKeh recording artist Somi will perform a series of intimate shows across the U.S. in support of her new album, The Lagos Music Salon. Inspired by her time spent in Lagos, Nigeria (18 months), the album presents new African jazz and soul, and features renowned musicians Common and Angelique Kidjo. Throughout The Salon Tour, the vocalist will collaborate with community art spaces across the country to recreate the original music salons she hosted while in Lagos, Nigeria. Tour dates include performances in Los Angeles, San Francisco, Seattle, Chicago, Atlanta and New York.
The performances will feature guitarist Liberty Ellman, pianist Toru Dodo, bassist Ben Williams and drummer Otis Brown III (drummer Nate Smith will perform on September 27 at The Listening House in Chicago). The September 16 date at the Blue Whale in Los Angeles will feature special guest trumpeter Ambrose Akinmusire.
The Lagos Music Salon Receives Critical Acclaim:
"Drawing songs from a challenging and meaningful life experience, Somi shows herself
to be an ambitious artist. There's nothing contrived about this album. It's determined,
real - though, one has to note it's going to be a tough act to follow." - NPR
"Somi's songs gracefully fuse African-tinged grooves, supple
jazz singing and compassionate social consciousness; they're
both serious and seductive." - Jon Pareles, The New York Times
"Somi delivers vocal performances of striking tonal clarity and
expressiveness, shedding light on the lives of the people of Lagos by delving
into their struggles, pain, pride, and joys." - The Boston Globe
"It's easy to describe her stylings as 'African inspired,' this, or 'jazz leaning,' that. It's harder, however, to define what one hears as 'Somi-like,' because that would be
jumping the gun. Those days are yet to come." - The Huffington Post
"Across 18 tracks, it is a sweeping, powerful portrait of a
vibrant culture 20-million strong." - JazzTimes
"Somi's The Lagos Music Salon has the standard of writing - above all the lyrics
as well as melodies - and vocal performance that make it clear the loudening
buzz around the singer is anything but hollow." - Jazzwise Magazine
About Somi:
photo credit: Glynis Carpenter
The Lagos Music Salon marks Somi's major label debut for Sony's OKeh Records and features a range of originals that are sublimely melodic and percussively textured. "Last Song" has already been added into rotation at VH1 Soul and REVOLT TV, and the vocalist was recently interviewed for The Tavis Smiley Show and The Bob Edwards Show - both critically acclaimed radio programs airing nationally. Additionally, Somi was recently featured in New York Magazine's Grub Street section and continues to receive accolades from major jazz outlets including JazzTimes and DownBeat.
Born in Illinois, the daughter of immigrants from Uganda and Rwanda, Somi's dramatic Salon story started ironically and sadly on the release date of her 2009 album, If the Rains Come First, when her beloved father passed away.
"I had to weather the storm of his passing," Somi says. "The loss was so sobering that I began to question my own life's legacy and path. My dearest mentor Hugh Masekela knew about my personal loss and subsequent desire for change. He also knew that, more than ever, I wished I could move 'home' to Africa. Something about the idea seemed like it might be a way to get closer to my father's spirit and my own heart. It was Uncle Hugh that reminded me that to be a musician is to be a global citizen and that I should always listen to my heart should it long to travel. 'Stop thinking about it as a move,' he said, 'Think of it as an opportunity to spend time with another part of your global audience.' That's when I decided to make the bold choice of moving to Lagos in 2011. A true Africanist, I believe my father is proud of that choice."
A TED Global Fellow and also founder of the New Africa Live nonprofit that champions African artists, Somi has for the last decade carved out a career of singing and being an activist. On The Lagos Music Salon, the best album of her young career, she magically combines the two facets of her life. As for her adopted city, she says, "It was a euphoric new place for me, an important journey. I wanted to tell honest stories in the spirit of gratitude."
Somi · The Lagos Music Salon
OKeh · Release Date: August 5, 2014
For more information on Somi, please visit: SomiMusic.com
"Like" Somi on Facebook:
"Follow" Somi on Twitter:
Sony Music Masterworks comprises the Masterworks, Sony Classical, OKeh, Portrait, Masterworks Broadway and Flying Buddha imprints. For email updates and information please visit


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Delicious Tag
D sent my way a deliciously different tag... and here is my take on it.
But first the rules.
Five memorable meals ever eaten: It could be anything that makes the meal memorable - the food, the place, the place you were in your life when you ate, the company, the weather, the ambiance - heck, the guy who served the food!"
Considering the fact that food is a major part of my life both eating and cooking it was a delightful tag to do, the only difficulty was to choose which ones come here... but here is my attempt.
Maa ke haath ka khaana:Like I mentioned in my previous post nothing beats maa ke haath ka khaana... specially when u are coming home... ever since I have moved to Bangalore about 8 years back (yes I know I wrongly mentioned 6 yrs in my last post, thanks Puneet for correcting that)... every time I come back home I am maha excited about the food that mom is going to make for me when I reach home... in my mind there is always a list of things ready that I want mom to cook and me hog them but most of all which I remember is that kadhi chawal that has almost become like a tradition for me... everytime I come home from the airport mom has steaming hot and spicy kadhi chawal ready for me and as soon as I enter home I start eating that :) aaah its bliss.... kadhi chawal are always the best then.
Badi mummy and samosa-jalebi: a d if anything can ever imagine to beat ma ke haath ka khaana its the one made by maa ki maa... naani or badi mummy as I used to call her... the aloo parathans she used to make... thin but full with stuffing, the keralas yumm... stuffed keralas... never eaten the way she used to cook them, even the simple dal tadka she used to make used to be heavenly... but if one has to ask the most loved food memory with badi mummy strangely its not associated with her cooked food... its of samosas and jalebis bought from the nearby shop... when I was very small we used to live very close to our nani's house and I virtually used to live there, including us sisters and my uncle's children we were about 5 kids and every evening badi mummy used to give us rs 2 to eat something and that used to be bliss... in summers they were often spent eating the thappa walla kulfi... do u guys remember it... and how crazy we used to be on how many kulfis we get and in the other times it always used to be samosas and jalebis... gosh I am addicted to those still... if I see a samosa my mind starts plottting how to get a jalebi :D.
Way to a man eerrr a woman's heart is through food: now N always helps me in the kitchen... always but he is no great cook, his cooking is limited to making eggs, maggi and tea :D... and every sunday breakfast well almost his dedicated to eggs made by him but its one meal made by him which blew me away... It was the first time after marriage that I had gone to delhi alone for a week or so and it was also the first time after marriage we were away for so long ;-) I was supposed to come back by a flight which was landing at 8:30 pm and the low cost airlines had just started so there was no food served on the flight... before boarding the flight I was chatting with him saying ok though I dont feel like eating out we will step and eat somewhere near by and he told me ok what we'll do is that we'll dump the luggage home and then go eat... I sulked a little thinking... gosh who will feel like coming out again once I reach home but didnt want to fight ;-) but when I reached home I was in for such a pleasant surprise... allo gobhi and dal tadka and chapathi's too... ofcourse the kitchen was dirty like hell but food amazing.
Its all about food : About 3 years back we had gone to a Himalaya trip with a group of friends... friends that are a great group... the trip was fantastic and was full of food apart from the scenic beauty :D the first thing that comes to my mind when I think about that trip is food and tea :D but there are two particular meals probably I can never forget.... the first was the simplest of all meals we had at a small dhabha just when we started climbing after rishikesh... the most yummiest food I have had... dal tadka, karela fry and aalo jeera.... simple fresh and yummy... we all eat like pigs and the bill at a small roadside dhabha came to be some Rs 6000 :) and then we went to Auli... because it was not skiing season it was practically empty and there was just a small tent where the guy was selling maggi, omelletes and tea.... what a meal was that... nanda devi as a view, oak trees all around... as much place as u want to run, bright and nice sunny day and great group of friends and yes maggi and omellete too :D.
Jab beta khilaye tou dil bhar aaye: last but not the least and the most recent.... a couple of days back we had come back late from one of our usual delhi shopping trips ;-) yes loads of it is happening and both me and mom were very tired so we decided to just order from outside.... we got some idli dosa's and after I finished feeding Ojas I was so tired that I sat down on the floor and told him baby mumma very tired and what he did post that just brought tears to my eyes... he went to the table... picked up a idly kept in my plate... took the spoon from my hand and started feeding me... :) cut a piece of idly, dip it in sambhar and put it in my mouth and then take some more sambhar and put it in my mouth... just as I was feeding him...God bless u my darling.
And then there are the numerous memories of chats at UPSC where we used to get down from the direct bus for the chat, mid might maggies and chiwda with my bestest friend S, the bhutta and the boiled spicy challi.... the endless chai and pakoras at the tapri outside the college... the gol gappa eating competitions.... the yummy yummy melting in mouth murgan idlies of chennai that I was crave for... hot chocolate fudge from nirulas (and yes nirulas makes it the best and not corner house :) )....the late night food in the RTO dhabha after the pub.... the mid night coffee at Taj.... life is all about food and its memories... so come tell me urs ;-)
Everyone who comes here should take the tag but there are some people I want to specifically hear the stories from... so here goes.
Hitchy : because if a foodie wont have food tales who will, besides I love hearing about gujarti thalis and drooling.
Solio : because we share the love for eggs and cocktails :D.
IHM : with two grown up kids I am sure she will have enough tales.
Munchkin Mom's : the person who bakes so well will surely have some tales to tell... (I know u are busy dear take ur time)
Swaram : think about food and go revive your food blog girl.
Tara : the food pics she puts up are drool worthy now come tell us the story behind them.


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August 4, 2010
UNITED STATES OF AMERICA EX REL. BRIAN MCCLENDON, PETITIONER,v.DONALD GAETZ, WARDEN, MENARD CORRECTIONAL CENTER, RESPONDENT.
MEMORANDUM OPINION*fn1
CHARLES P. KOCORAS, District Judge
This matter comes before the court on a petition for a writ of habeas corpus filed by Petitioner Brian McClendon pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is denied.
McClendon is currently serving a life sentence for first-degree murder. The conviction resulted from events that occurred on the night of November 6, 2003. At that time, McClendon lived in Chicago with his girlfriend, Theresa Henry. After several hours of drinking with Credell Harris, a friend of McClendon's and a former boyfriend of Henry's, McClendon and Henry began to argue about her prior relationship with Harris. McClendon, who is 6 feet 1 inch tall and between 175 and 195 pounds, struck the 140-pound 5-foot-4 Henry repeatedly and eventually knocked her down in the living room of their house. The fight temporarily ceased when he went into the kitchen and she went into a bedroom. While in the kitchen, McClendon retrieved a loaded, cocked handgun from a windowsill.
When Henry came out of the bedroom, the altercation resumed. McClendon continued to strike Henry while still holding the loaded weapon. A blow to Henry's face again knocked her to the floor. As Henry lay on the floor, McClendon stood over her, continued to hit her with his fists and the gun, and then shot her in the left side of her face. Medical evidence adduced at trial showed that gunpowder and soot from the discharge was found only inside the wound indicating that the barrel of the gun was pressed tightly into Henry's face when discharged.
After shooting Henry, McClendon left the home with Harris, who had remained inside the residence but who was not in the kitchen when Henry was shot. Both men were arrested shortly thereafter. Upon his arrest, Harris gave a written statement to police and a prosecutor relating his version of the events. According to the statement, Harris heard McClendon repeatedly yell "You're lying. I'm going to f*** you up," immediately before the shot was fired. None of the police reports mentioned that phrase, and, when he eventually testified at McClendon's trial, Harris denied relating that portion of the event to police.
McClendon, by contrast, underwent a videotaped interview. In it, he initially related that Henry was standing when she was shot. When told that his account did not square with other evidence the police had gathered, he revised his version to state that Henry was lying on the kitchen floor when he shot her. He went on to say that he stood over the prostrate Henry, hit her, and pointed the gun, which he knew to be loaded and cocked, at her. McClendon stated that the gun "went off," but he maintained that he did not mean to shoot Henry. Rather, according to McClendon, he "snapped" as a result of his sense of betrayal and perception that Henry had lied to him about Harris.
At a bench trial, the prosecution's evidence included testimony from Harris and an Assistant State's Attorney ("ASA") who participated in McClendon's videotaped interview and took down Harris's post-arrest statement. Testimony was also given by the police officer who initially determined that McClendon was the shooter and a detective who assisted in the interviews of Harris and McClendon. The trial judge also received the aforementioned medical evidence pertaining to the location of the gunshot residue within Henry's wound.
At the close of the evidence, the judge found McClendon guilty of first-degree murder. In Illinois, first-degree murder consists of killing another without lawful justification when the person causing the death either intends to kill or do great bodily harm or knows that the acts that caused the death would create a strong probability of death or great bodily harm. 720 ILCS 5/9-1. The trial judge rendered his verdict without making specific findings of fact or conclusions of law, and McClendon was sentenced to life in prison as a habitual criminal based on his prior record.
McClendon appealed the conviction, asserting that the prosecution did not show that he had the specific intent necessary to support a verdict of guilt on a first-degree murder charge. Rather, he contended that the evidence showed that his acts were reckless, a mental state that would only support a guilty verdict on a charge of involuntary manslaughter. Because McClendon's challenge called into question the sufficiency of the evidence raised at trial, the appellate court reviewed all of the evidence presented at trial in a light most favorable to the prosecution to determine whether any rational factfinder would have found McClendon guilty of all of the elements of first-degree murder.
The court concluded that the evidence supported a finding that McClendon acted with the requisite mental state. The court based its holding on several pieces of evidence, focusing primarily on what McClendon's conduct indicated about his mental state. Specifically, the court pointed to McClendon's repeated beating of Henry despite his significant height and weight advantage, his use of his gun in the fight despite his knowledge that it was loaded and cocked, and the medical evidence pertaining to the manner in which Henry was shot. The court also found Harris's written statement significant and noted that the ASA testified that Harris had stated during his interview with the ASA that McClendon told Henry he was going to "f[*** her] up."
In McClendon's favor, the court noted that Harris testified at trial that he did not remember telling the ASA that McClendon had threatened Henry. The court also took into consideration Harris's testimony that, after the shooting, McClendon told him that he had not meant to shoot Henry. The court noted McClendon's words to the same effect during his videotaped interview but concluded that the evidence in McClendon's favor was insufficient to overcome the effect of the other items detailed above. McClendon sought leave to appeal the decision from the Illinois Supreme Court, requesting that the high court decide whether the appellate court had erred in finding that McClendon had been proven guilty of first-degree murder beyond a reasonable doubt. The petition was denied.
McClendon also filed a pro se petition for post-conviction relief, which raised several grounds he claimed entitled him to relief from his conviction. In particular, he provided an affidavit from Harris stating that, at the time of Henry's murder, he was a police informant. According to the affidavit, the police instructed Harris when he was arrested to state that McClendon had threatened Henry as described before shooting her. McClendon argued that this constituted use of perjured testimony by the prosecution that necessitated a hearing on his petition. After the trial court summarily denied his petition, McClendon appealed, through counsel. The sole ground raised on appeal challenged the use of Harris' allegedly perjured testimony at trial. The dismissal of the petition was upheld on appeal. Thereafter, McClendon filed a petition for leave to appeal to the Illinois Supreme Court, in which he included arguments that were in his initial petition but not presented to the court of appeals. Leave to appeal was denied.
McClendon then timely filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In it, he advances nine grounds for relief.
Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), a prisoner in state custody may petition a district court for a writ of habeas corpus "only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a). AEDPA further dictates that a prisoner in state custody cannot be granted habeas relief "unless the state court decision '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.'" Schaff v. Snyder, 190 F.3d 513, 521 (7th Cir. 1999) (quoting 28 U.S.C. §§ 2254(d)(1), (2)). For a state court decision to be "contrary to" clearly established federal law, it must be "substantially different" from relevant Supreme Court precedent. Williams v. Taylor, 529 U.S. 362, 405, 120 S.Ct. 1495, 1519 (2000). This situation arises if the state court either applies a rule that contradicts the governing law as set forth by the Supreme Court or confronts a set of facts that are materially indistinguishable from a decision of the Supreme Court and still arrives at a different result. Id. at 405-06. A state court decision involves an "unreasonable application" of clearly established Supreme Court law when it uses the correct legal rule but applies it in an objectively unreasonable manner. Id. at 409-10. An objectively unreasonable decision is one that lies "well outside the boundaries of permissible differences of opinion." Hardaway v. Young, 302 F.3d 757, 762 (7th Cir. 2002).
Under 28 U.S.C. § 2254(d)'s "highly deferential standard for evaluating state court rulings," in deciding habeas petitions, we must give state court decisions "the benefit of the doubt." Woodford v. Viscotti, 537 U.S. 19, 24, 123 S.Ct. 357, 360 (2002) (citation omitted). In doing so, "issues of fact found by a state court are presumed to be correct unless the petitioner rebuts this presumption with clear and convincing evidence." Lechner v. Frank, 341 F.3d 635, 638 (7th Cir. 2003) (citing 28 U.S.C. § 2254(e)(1)). With these considerations in mind, we turn to McClendon's petition.
As a preliminary matter, we would like to clarify the scope of our review of McClendon's petition. In their 24-page brief, the state urges that its arguments are limited only to whether McClendon's claims are procedurally defaulted. It requests further proceedings to brief the merits of any claim that we conclude is not defaulted but despite that request argues the merits of some of the claims presented in the habeas petition. McClendon's 93-page response also delves into the merits of his petition. Given the developed state of the filings that have already been made, we will examine both the procedural state of McClendon's claims as well as the merits of any claims properly before this court.
McClendon asserts eight claims in his habeas petition. In the first, he contends that § 2254 is unconstitutional. The second addresses whether the evidence presented at trial was sufficient support for a conviction for first-degree murder. The third contends that trial counsel was ineffective for failing to file a motion to quash McClendon's arrest. The fourth and fifth attack the legality of a state statute controlling the manner in which a warrantless arrest is conducted. The sixth states that trial counsel worked under a conflict of interest when representing McClendon because his trial counsel was obligated to protect Harris as a law enforcement informant (presumably McClendon's belief that the latter obligation existed arises from the fact that counsel was appointed to represent him by the state, rather than being privately retained). The seventh ground claims that the state allowed law enforcement officials to testify at his trial without including in their testimony that Harris was an informant. The eighth ground takes issue with two aspects of the manner in which the post-conviction proceedings were conducted: first, that the post-conviction court did not recognize an affidavit of Harris included with the petition; and second, McClendon's perception that his appointed post-conviction appellate counsel presented an improper claim and ignored others that were meritorious in an effort to deliberately sabotage his chances on appeal.
I. Claim One
In the first ground of his petition, McClendon insists that 28 U.S.C. § 2254 is unconstitutional. He argues that the statute's limitation of relevant precedent to only that emanating from the U.S. Supreme Court is an impermissible encroachment by Congress into the sphere of an Article III court's ability to analyze a habeas petition. Shortly after the 1996 passage of the amendments with which McClendon takes issue, the Seventh Circuit examined their constitutionality through the lens of arguments similar to his. Lindh v. Murphy, 96 F.3d 856 (7th Cir. 1996) (en banc), rev'd on other grounds, 521 U.S. 320 (1997). Since Lindh was decided, other courts of appeal have considered and rejected similar challenges to the constitutionality of § 2254. Evans v. Thompson, 518 F.3d 1, 3 (1st Cir. 2008); Crater v. Galaza, 491 F.3d 1119 (9th Cir. 2007); Green v. French, 143 F.3d 865 (4th Cir. 1998), abrogated in part by Williams v. Taylor, 529 U.S. 362 (2000). As these cases have extensively discussed the shortcomings of arguments such as those McClendon sets forth, it is unnecessary to restate them here. In sum, they stand for the proposition that the relevant limitation of 28 U.S.C. § 2254(d)(1)-that a writ shall not issue for any claim adjudicated on the merits in a state court unless the decision resulted in a decision that was contrary to or involved an unreasonable application of clearly established federal law as set out by the U.S. Supreme Court-is constitutionally sound. Accordingly, McClendon's first asserted ground for relief is not meritorious.
II. Claim Eight
The eighth ground of McClendon's petition challenges errors made by the post-conviction courts as well as post-conviction counsel. While the contents of post-conviction proceedings are relevant to determining whether a state prisoner has presented habeas claims to a state court for review, the conduct of the state appeals court in deciding only the issues presented to it does not raise issues of constitutional proportions. Additionally, because the Sixth Amendment right to counsel does not extend to post-conviction proceedings, the actions of McClendon's attorney in presenting his post-conviction appeal do not constitute grounds for habeas relief. 28 U.S.C. § 2254(I); see also Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (limits of right to counsel only extend to first appeal as of right). Therefore, Claim Eight is denied.
III. Claims Three Through Seven
The State contends that McClendon's third, fourth, fifth, sixth, and seventh claims are procedurally defaulted. A person in the custody of a state pursuant to a criminal conviction is not entitled to federal habeas relief unless he or she has properly presented the claims to a state court in the first instance, thus allowing the state court to address constitutional issues in a more timely fashion if a violation has occurred. Johnson v. Pollard, 559 F.3d 746, 751-52 (7th Cir. 2009). In order to properly present an issue to a state court, a prisoner must submit it to a "complete round" of review in the state system. O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999). The remaining five claims were never brought to the attention of all three levels of state court review during either direct review or post-conviction proceedings. Though some periodically appeared, none of these claims were consistently presented through a complete round of state court review, and they are accordingly procedurally defaulted. Lewis v. Sternes, 390 F.3d 1019, 1026 (7th Cir. 2004).
A petitioner can avoid the effect of a procedural default by establishing either cause and prejudice to excuse the default or a fundamental miscarriage of justice if the claim is not considered. McGee, 593 F.3d at 565. McClendon argues that we relieve him from the procedural bar of reviewing his claims because of errors made by the attorney who represented him during the appeal of his post-conviction petition. According to McClendon, post-conviction appellate counsel "took every measure to act against the interest of this petitioner, while presuming to act as an agent on [McClendon's] behalf." Although decisions by counsel on direct appeal may provide cause for procedural default, those of post-conviction appellate counsel do not provide any excuse for procedural default. Keeney v. Tamayo-Reyes, 504 U.S. 1, 8-9 (1992); McGee v. Bartow, 593 F.3d 556, 565-67 (7th Cir. 2010). Moreover, whether appointed or retained, attorneys are agents of their clients and their acts, whether good or bad, are attributable to their clients under the rules of agency. Johnson v. McBride, 381 F.3d 587, 589-90 (7th Cir. 2004). Though the Sixth Amendment is an exception to this general rule with regard to direct criminal proceedings, because post-conviction proceedings are outside the scope of that amendment, the agency principle remains intact. See id. Accordingly, McClendon's attorney's actions are treated as though they are McClendon's own, making him responsible for them and subject to the consequences of their occurrence. Because these claims are procedurally defaulted and McClendon asserts no reason for us to excuse their default, we deny Claims Three, Four, Five, Six, and Seven.
IV. Claim Two
With regard to McClendon's second claim, which discusses whether the evidence adduced at trial was sufficient to support a first-degree murder conviction, the state argues that McClendon failed to present the claim for one complete round of state review because of changes in the arguments he made in asserting this issue before the various state courts. McClendon's arguments on this issue have been somewhat of a moving target. However, we are mindful of the fact that in reviewing a habeas petition filed pro se, this court is obliged not to take an overly technical approach to determining whether a petitioner has defaulted on a particular argument. Wyatt v. United States, 574 F.3d 455, 459 (7th Cir. 2009). When that standard is applied in this case, we find a consistent core of an argument that emerges from all of McClendon's filings related to the issue of the evidence in favor of conviction for first-degree murder. Because the basic rationale of his position on this issue has been discernible throughout the state court proceedings, it was fairly presented to the state courts for their review and so is not barred from consideration by procedural default. McGee v. Bartow, 593 F.3d 556, 566 (7th Cir. 2010).
The essence of McClendon's claim is that the state court's finding that he had the requisite mental state for first-degree murder was based upon Harris's purported statement to police regarding threats to Henry immediately preceding the fatal shot. McClendon has set forth evidence, from Harris's differing testimony at McClendon's trial to the affidavit Harris provided in support of McClendon's post-conviction petition, to establish that those threats were not made. He clearly believes that if the evidence of the threat is discounted, the state courts' conclusion that he acted with intent to kill rather than in a reckless manner cannot stand.
That belief is in error. The reasoning set forth in the state court opinion and summarized earlier in this opinion makes clear that the evidence considered and used to support a finding of intent to kill was not limited to the alleged threats made to Henry. Instead, the court considered several indications of McClendon's intent manifested in his behavior and the uncontroverted physical evidence. In the face of conflicting evidence, the court set out the possible conclusions that could be reached and made reasonable choices among them. The careful examination and weighing of the evidence presented at trial is a clear example of receipt of due process, not a denial thereof. The determination of the facts in light of the evidence presented at McClendon's trial was reasonable and supported by ample objective bases to conclude that each element of the crime of first-degree murder was shown. Because the state court proceedings did not disregard McClendon's due process rights, his continued custody is in conformity with the Constitution, and habeas relief is not available to him under 28 U.S.C. § 2254. We therefore deny Claim Two.
Based on the foregoing analysis, McClendon's petition for a writ of habeas corpus is denied.
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Summer chore provides inspiration for local poet
Today is a Thursday evening.
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The death and destruction wrought by Teutates, along with Allie Mae McCormick's deadly rage against David Hobbs and his family in Tennessee and Colorado, has almost been forgotten. The renowned "lovers' lane" ravine in the heart of Cades Cove rests quietly below moonlit skies at night, and John Running Deer can once again enjoy the seclusion of his Smoky Mountain residence - almost. Ever since the previous hauntings ended, a ghost known only as Galiena has made her presence known to John on an increasingly frequent basis. As a former spirit guide to John's grandfather, Two Eagles Cry, Galiena has kept watch over the deity siblings of Teutates buried in another ravine - this one near Cherokee, North Carolina. Having guarded the bones of these entities for the past millennium, a recent Supreme Court judgment has allowed a ruthless land developer to capitalize on his ancestor's claim to this ravine and the surrounding hills nestled below a majestic mountain disdained by the Cherokee as Tsvsgina Odalv, or "Devil Mountain". The Native Americans' loathing of this place dates back to the Iroquois settlers from before AD 1000 and coincided with the arrival of the skeletal remains belonging to the four entities that Galiena has successfully shielded from harming the innocent. The Cherokee Nation rejected the land for a very good reason long ago - but Simon Blankenship is not a reasonable man. Still, John hopes Blankenship will listen to him before an unforgivable mistake is made by laying a proposed pipeline through the heart of the ravine. Ancient deities have awakened from the construction of luxury cabins already completed in the area and are thirsty for fresh blood after such a long slumber. Can John, with the help of his granddaughter, Evelyn, and David Hobbs persuade a bull-headed man to withdraw from the ravine before it's too late? Or will similar violence to what happened in Cades Cove be visited upon new unsuspecting residents living near this other ravine? The death toll climbs as John and his companions race to cure the tainted land of its violent tenants, hoping to prevent worse carnage from spreading beyond the realm of Devil Mountain.
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A Welcome Return to Cades Cove
- CarterFSU
Suspense, terror...Superbly written by Aiden James
Sorry, three words just doesn't do it!
The horror of Cades Cove is almost forgotten when a greedy landowner disturbs the ancient remains buried in a ravine below "Devils Mountain". Meanwhile, John Running Deer lives in peace in the Smoky Mountains, visited on occasion by Galiena, a ghost and spirit guide to his grandfather. This peace is shattered as the ancient deities are displaced, and again John Running Deer, his granddaughter Evelyn, and David Hobbs and family are terrorized by an ancient demon...nowhere is safe! This fantastic story takes some unexpected twists and turns, but in all its terror somehow seems so real. As the story continues, the reader is swept up in the action, then left impatiently waiting for the journey to continue. Aiden James is a master of action and bone-chilling terror..this is him at his best! I listened to the Audible unabridged version from Cherry Hill Publishing and applaud the narration by Timothy McKean...you are excellent, I was sorry when the book was over!
The Raven Mocker, Cades Cove This story is told from the perspective of John Running Deer
Timothy McKean's performance was just about flawless, adding emotion without being a distraction, just seemed to flow with the story. Anyone who has listened to a good book with a poor narration will know what I mean.
Aiden James is a masterful storyteller, especially in this genre.
- Jeannie Finch


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Hotels in Korswandt
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University of San Diego provost Julie Sullivan was announced as St. Thomas' first female and lay president-elect Thursday at a press conference in the Anderson Student Center.
Sullivan, 55, will serve as the university's 15th president and will succeed the Rev. Dennis Dease. She will take office July 1.
Caroline Rode contributed to this report.
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deltagirl20 Review
Makeup madness.
Love the colors. I use a trick to maintain lasting look. Great to have so many colors to choose. Be careful with sensitive skin. I can only use the yellow based products. Ones to the right as you open. Blue based are too harsh. But my friends can enjoy those. I love it.
- How did the image on site compare with the actual product? Image true to online
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- Please tell us about the quality of the product. Good quality
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"visiting Cambridge bookstores,..." Massachusetts Favorite Tip by rabeldin
Massachusetts General: 72 reviews and 64 photos
Favorite thing: visiting Cambridge bookstores, the Boston Aquarium, Quincy Market, Legal Seafood, I can't pick just one.
Fondest memory: Many bookstores in Cambridge have unusual and old second hand books to browse.
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text: Posted August 2, 2008 · Report post I'd like to share an interesting piece from U.S. News & World Report, in which Mark LaNeve responds to some questions about GM's present and future. To read it, click here. 0 Quote Share this post Link to post Share on other sites


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Sorry double post
Last edited by softshellcrab; 11-04-2016 at 12:50.
@Tinachris, Hi lovely, ive just turned 36 too and i only had 4 follies like you. They got 3 eggs today at my retrieval. Cried at reception, cried at the anesthetist, cried at the surgeon, cried when i woke up, cried when they told me i had 3 eggs, ripped my canula out and left before the embryologist came to talk to me because i didnt want to hear encouraging words or bad news. Went and got a coffee (decaf-dont judge me-lol) instead of going to see the nurses at the clinic for post retrieval discussion. Had second thoughts seeing its a 400km round trip so sheepishly turned up to the clinic. Got a lecture from the nurse (who i like the least out of all of them ) "We were worried about you." "Why are you so upset?" Blah, blah, blah. She said the eggs looked 'good'. I retorted, "Oh so you can tell by looking at them that they're gonna fertilise, divide, be chromosomally normal, implant and progess to a live birth?" Then said, "Can i go now?" Needless to say, she was happy to see the back of me. I dont know if you rememver me mention the chicken-feather-babies i got to help cheer me up and give me a reason to get up in the morning? Well, yesterday 2 feral viscious dogs ate through the wire and timber of my $900 chook pen and ripped them to pieces. All my chickens are dead. I used to joke about how when the ivf stuff went ****e, "At least my chickens n cats are all still alive and healthy." Sigh. I had one of those, "God, why hast thou forsaken me?" moments (i dont even believe in god ) I was already depressed and crying since my scan on friday and now this. I thought about telling the receptionist, anesthetist, surgeon, post op nurses and nast nurse from the clinic about this but i figured they already thought i was mental enough as it is without thrm thinking, "she's hysterical about some chooks or something?" Now im waiting for them to ring tomorrow to tell me none have fertilised or get the daily death reports over the next 5 days or transfer something and wait for 2 weeks for more bad news. Worst thing is im on school holidays from work and have no reason to need to try n hold it together and its so sucky to have 2 weeks off and not appreciate it.
Despite all this, im still hoping we've both got a golden egg in there somewhere, let me know how you go. At least we can do this together.
Im more upset about my poor little chickens dying a terrifying and painful death and i miss them because they wre real and alive and in my life everyday. Im scared im gonna come home and all my cats will be dead too. I used to tell myself i was being ridiculous when i had thoughts like that but look what happened yesterday.
Take care my friend xox
I'm so, so sorry to hear about your beautiful chickens. That is just devastating. I love chooks and all animals actually, and have my own dogs here, and know how much they make me feel loved and give me company especially when I'm here at home alone and when I'm at my lowest.
I hate that you had such a rubbish time at EPU today. It's so ridiculous how emotionally frucked up this whole thing is. Loosing your chooks doesn't help!!!! Yes, we are in the same boat together. I don't know what else to say. I haven't got much left myself in the way of rainbows lol It's now fingers crossed and hope and pray (no, I don't believe in god either) that you get a golden egg out of this. I hope when you get home your cats are there waiting for you xoxo drive safe and lots of hugs xox Tina
Oh no @gorgeousgeorge so sorry to read about your awful day and the news of your chucks too. It doesn't sound like the nurses were very caring towards your situation. Really hoping you get some suprising news of your embies this week. Take some time out for yourself over the next few days x
Oh my goodness I am in shock I was prepared for the worst but our lonely little embie that was tested has come back as normal. I really wasn't expecting that, it feels amazing to have some good news!!!!!!
@HeysideWell thats fantastic!. Its about time that something went well!!! Good. Now i too have something to be happy about. (I have stopped crying now.) Im very happy for you, i guess thats the best outcome at this stage. When r u planning to transfer it?
And thank you for the commiserations on my poor little chooks.
@gorgeousgeorge - Thanks hun, yes its a good outcome at this stage and one we didn't expect. We will still wait until Warren returns at the end of May and do a fresh cycle to give me a better lining this way we may get some back up embryos too. Hoping you are feeling much better now hun, take time for yourself and know you can vent here if needed.
@Keepontryin13 - Fabulous news on the 21 eggs hun, hoping they are of great quality and you get good fert results. How are you feeling?
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