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State of New York Supreme Court, Appellate Division Third Judicial Department
May 26, 2011
IN THE MATTER OF THE CLAIM OF SUSAN R. AUGUSTUS, APPELLANT.v.COMMISSIONER OF LABOR, RESPONDENT.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 8, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Calendar Date: April 6, 2011
Before: Mercure, J.P., Spain, Malone Jr., Stein and Garry,JJ.
Claimant worked part time as a sales associate and customer service representative for the employer from October 2009 to December 2009. Apparently bothered by comments that her co-workers were making to each other, claimant tendered her resignation. Thereafter, the Unemployment Insurance Appeal Board disqualified claimant from receiving unemployment insurance benefits on the ground that she voluntarily left her employment without good cause, and claimant now appeals.
We affirm. General dissatisfaction with working conditions or an inability to get along with co-workers does not constitute good cause for leaving employment, particularly where a claimant has not afforded the employer a reasonable opportunity to address the matter (see Matter of Wrobleski [Commissioner of Labor], 65 AD3d 1411, 1412 [2009]; Matter of Schwartz [New York City Dept. of Citywide Admin. Servs.-Commissioner of Labor], 62 AD3d 1231, 1231-1232 [2009]). Here, although claimant was bothered by co-workers' comments that she found offensive, none of the comments was directed at her and she admitted that she never brought the problem to her supervisor's attention, even when she gave notice of her resignation. Therefore, we find that substantial evidence supports the Board's decision and we decline to disturb it.
We have examined petitioner's remaining contentions and find them to be without merit.
Mercure, J.P., Spain, Malone Jr., Stein and Garry, JJ., concur.
ORDERED that the decision is affirmed, without costs.
Robert D. Mayberger Clerk of the Court
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subset: commoncrawl


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This Walkers Enchanted Forrest home is located at 0 Katie Drive in Toney. 1632678 was built in 0 and has 0 bedrooms0 Katie Drive, Toney - MLS 1632678 Close
Land for sale in Toney, AL at 0 Katie Drive. This land is priced at $11,750/acre.
Peaceful, tranquil setting at dead end road. 3 lots sell together (lots 56,57,58). Lots of mature trees, water and power available, convenient location.
Listing information last updated on December 8th, 2016 at 4:09pm CST.
Have any comments or questions about 0 Katie Drive, Toney, AL? Ask your question and/or share your thoughts about this property.


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8475 Brier Dr | Hollywood Hills
- Sold
Come enjoy the huge grassy yard and views at this modern rustic home. Enter through a private patio into a home that provides comfortable functionality with designer style. Light filled rooms include brilliant family kitchen, warm dining room and a living room with walls of glass and treetop/canyon views. Secluded master suite opens to hot tub deck. Complete guest suite has own living room plus a third bedroom and bath that ensures a place for all. Enjoy indoor/outdoor living in cool canyon vibe. Entertain on the large decks in a cool canyon vibe!


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The open change pant in navy by cameo is sold out. We did have navy / 8, navy / 10, navy / 12
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|Appeared in
|X-Men: First Class
|Caribbean Sea
Cuba is an insular nation in the Caribbean.
X-Men: First Class
In 1962, the Cuban Missile Crisis happens after Sebastian Shaw convinces the Soviet premier to send nuclear missiles to Cuba. American President Kennedy institutes a blockade around Cuba to prevent the Soviet Union from shipping nuclear warheads. Shaw travels with the Soviet fleet to ensure that the missiles get to Cuba. Charles Xavier, Moira MacTaggert, Erik Lensherr and the rest of the team fly to the blockade to stop the fleets from engaging.
- Earth-10005 (1 film)
The Cuban beach was actually shot in Jekyll Island, Georgia.


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|Date Listed
|London, ON N5W2Z4
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Get the facebook fan discount!!!!!!!!!!!!!!!!!!!!!!!!!
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|Red wine
Domaine du Vieux Télégraphe - Châteauneuf-du-Pape 2005
Decanter Magazine
« Black jam, baked stones in a full, broad bouquet. Savoury attack, with a sweet thread all through. Clear, warm texture, wtih herbal traces. Balance good, with a fresh finish. High potential. Drink 2009-31. »
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« The 2005 Vieux Telegraphe Chateauneuf du Pape, this estate's strongest vintage since 1998, has put on serious weight since last year. Dense ruby/purple-colored with an exquisite perfume of black raspberries, kirsch, ground pepper, and incense, this full-bodied, powerful, concentrated wine reveals fabulous purity as well as a finish that lasts over 45 seconds. Purchasers of this beauty will need patience. Anticipated maturity : 2012-2025.»
TheWineDoctor : « A cherry pink-red hue in the glass. Often when tasted at this stage in its evolution I have found Vieux Télégraphe to be rather simple in its aromatics, but this wows me with wild notes of garrigue and aromatic herbs on top of the usual sweet fruit. It has a very soft entry onto the palate despite this, but then reveals a well composed supple melding of ripe tannins, well covered by fruit, with a good acid backbone as well. There is true character here too. Great potential, a fine vintage for the Bruniers I think. »
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text:
Phil Ivey will not be eligible for the Poker Hall of Fame this year. Poker Night in America controversy has new legs. $10k Stud 8 lineup is one for the ages. And more.
Just a single bracelet was won on Sunday.
- Event #42, $3,000 No limit Holdem Shootout tournament. Philip McAllister from the UK took down the Shootout event, denying countryman Stephen Chidwick, as well as Maria Ho and Faraz Jaka a chance to win their first WSOP gold bracelet.
- Event #41, $1,500 Monster Stack NLHE tournament. The 6,927 players who began the event several days ago have been reduced to just over 200, and among the chip leaders is poker media member and former bracelet winner (in the Casino employee tournament) Chad Holloway.
- Event #43, $10k Seven Card Stud 8 or better Championship. One of the toughest final 12's you'll ever see will be back in action today as Justin Bonomo, Todd Brunson, George Danzer, Scott Clements, Esther (E-Tay) Taylor-Brady, Randy Ohel, Roland Israelashvili (58 WSOP cashes), Jack Duong (a bracelet winner), Eli Elezra, David Benyamine, David Grey, and Mike Leah, are all in contention for the $10k Stub 8 title.
- Event #44, $1,000 No Limit Holdem tournament. 2,000 players were pared down to 200 on Day 1 of the latest $1k NLHE events.
- Event #45, $1,500 Mixed Omaha/Holdem tournament. An impressive turnout of 919 players has been reduced to 138 after a full day of play. There are a lot of big names still in the hunt.
Live updates of today's action can be found here.
Two tournaments are scheduled to get underway today:
- Event #46, $1,500 No Limit Holdem Bounty tournament.
- Event #47, $10k 2-7 Triple Draw Championship.
- In what should be one of the least surprising tidbits we've ever posted, Jason Mercier is leading the WSOP Player of the Year race.
- In the same vein, a very unlikely person is challenging for a Top 10 spot on those rankings, Chris Ferguson.
- Blackjack researchers have found something very interesting about the eye movements of players based on the strength of their hand. The research could (stress, could) have implications for poker, but more work needs to be done before any conclusions can be reached.
- With the help of RotoGrinders, FanDuel begins a push toward single entry contests, a possible sign that the days of massive multi-entry's days are numbered in the DFS industry.
- More anti-online-gambling op-eds are being penned for Pennsylvania publications, but the author remains the same.
- The Jaclyn Moskow, Nolan Dalla, Chris Hanson, Poker Night in America scandal was reignited this weekend following some mainstream press and new evidence coming to light. The new news was enough that even the thread at 2+2 was unlocked.
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text: Precious40 and I'm walking around with cover up over my grey roots for weeks now too scared to go to the salon and get them done. The nurses at Warrens office said 'it's up to you' and 'many ladies prefer to wait' which made me want to wait but it's been 6 weeks since my last colour and I'm soooooo grey longest ever I've lasted (very vein about my greys). Well ventilated salon is what I've heard, plus for me maybe a semi permanent less chemicals? Not sure what my breaking point is going to be??


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Request form for teacher recommendations.
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Number of hits: 139513


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Milk & Co.
Milk & Co. Sleepy Bubs Massage Oil (Baby)
Rs. 1,395.00
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A lot in little
MSMbox.com is the #1 online destination for beauty and grooming! An e-commerce platform that offers consumers the opportunity to buy, try and enjoy luxury, premium and new beauty and grooming products and brands in the market.
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Hometyre Ashington - Mobile Tyre Service
classic cars, Tyre dealers, wheel alignment
Do you have a cherished classic that requires new tyres?
We at Hometyre are often called out to work on cars with wire wheels requiring inner tubes, recently I have worked on an E Type, an MG BGT, a Lanchester, an Austin Morris 10, as well as a Ford Capri, plus Kit cars and beach buggies.
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Details of this Paper
Pricing Commonly Owned Complementary Products:
Pricing Commonly Owned Complementary Products: (half page to one page);You are a hospital administrator trying to raise capital to refurbish the hospital. Your local bank is reluctant to lend you because you already have a large mortgage on the property on which the hospital complex lies. But your bankers tell you that they can lend you more if you reduce your debt by selling your parking lot to some private investors who'll lease it back to you for the next 50 years. And you'll have to renegotiate the price of the lease every 5 years. what concerns might you have about this sale-and-lease back contract?
Paper#31155 | Written in 18-Jul-2015Price : $27


text:
Choose the period
Today, I turned 18. My parents got me a pineapple and a pair of socks. I'm allergic to pineapple, and the socks are too small. FML
by ShellShocked / 03/30/2013 at 12:06am / United States / Miscellaneous
Today, I was at a goodbye dinner with friends before I move back to America. A friend called to cry over relationship problems she refuses to fix. While I was outside trying to politely get off the phone, my friends ate and drank everything I'd ordered and closed the bill. FML
by sorryyouweregone / 03/25/2013 at 9:13am / Japan (Tokyo) / Miscellaneous
Today, after getting a new haircut, I decided to take a few photos. I set up my iPhone in my room and began posing. It wasn't until numerous shots later that I realized my phone had posted every picture to Facebook, and they were all over everyone's newsfeed. FML
by anonymous / 03/26/2013 at 2:31pm / United States (New York) / Miscellaneous
Today, I went to the bank to find out why they've taken $200 from me. By the time I show them my bank card, ID and tell them my problem, they accuse me of stealing my own identity, and refuse to give me my money back. FML
by arsenicalhumor / 03/26/2013 at 9:37pm / Canada (Quebec) / Money
Today, I came home to visit my family for spring break, only to realize that I'd left my phone in my apartment. After a 2 hour drive back, I discovered my boyfriend with my neighbor. He panicked and pretended to be sleepwalking. FML
by Maybe I'll stay longer than spring break. / 03/31/2013 at 12:34am / United States (Virginia) / Holidays
Today, I told my husband that a guy I work with told me that I'm the most beautiful woman he has ever met. My husband replied, "He needs to get out more." FML
by Candycane88 / 03/26/2013 at 10:12am / United States (California) / Love
Today, I found out that the money that my wife claims went into repairing her car engine actually is going towards helping her pay for a divorce. FML
by Anonymous / 03/29/2013 at 1:37am / United States (California) / Love
Today, I gave my girlfriend an orgasm for the first time. She's a screamer. Her dog must have thought I was attacking her, because he immediately came over and started savaging me. FML
by Anonymous / 03/27/2013 at 2:26pm / Canada (Alberta) / Intimacy
Today, my boss fired me from my job at a local family-owned business. Thanks, mom. FML
by Anonymous / 04/02/2013 at 12:15pm / United States / Work
Today, I had to convince my 20-year-old boyfriend that not only is his aquatic turtle a reptile, but that it's also cold-blooded and thus can't regulate its own temperature just by going into its shell. He still thinks I'm the stupid one. FML
by hellostupid / 03/28/2013 at 4:19am / United States / Animals
Today, the girl I thought I was dating got into a fight with me over the phone. She did this because she bet her boyfriend that she could make me cry on FaceTime. She won the bet. FML
by J. Homen / 03/30/2013 at 6:22pm / United States / Love
Today, I was cast as beast in my high school's production of Beauty and the Beast. My Grandma's input? "At least they won't need any makeup." FML
by Beast / 03/30/2013 at 2:57am / United States (Ohio) / Miscellaneous
Today, I was on a bumpy bus ride and had to write a note, so I held my notebook against the bus window to steady my hand. An elderly woman then yelled at me, accusing me of drawing graffiti on the window. The bus driver kicked me off and I had to wait an hour in the rain for the next bus. FML
by 00sasori / 03/27/2013 at 1:41am / Canada (British Columbia) / Transportation


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Ali Ryerson puts jazz flute out front with a stellar sixteen piece section on the dramatic debut release Game Changer.
Brent Black / @CriticalJazz
A sixteen piece flute section featuring guest soloists Holly Hofmann, Hubert Laws and Nestor Torres rip through a selection of jazz standards from such legends as Oliver Nelson, John Coltrane, and Clifford Brown. What sets Game Changer apart from similar large ensemble releases would be the addition of some more eclectic tunes such as "Sail Away" from Tom Harrell and "Lil' Darlin'" from Neal Hefti. The rhythm section is held together with fine performances from legendary bassist Rufus Reid and drummer / percussionist Akira Tana. Pianist Mark Levine fills the need for a pianist but seems to blend quietly into the woodwork with a somewhat predictable arrangement of the terrific Clifford Brown piece, "Daahoud." It is the vibrant counterpoint of both Reid and Tana that provide the necessary backing to push this most ambitious ensemble to greater heights.
Game Changer is aptly titled due to the unmistakable quality of going past the somewhat obvious preconceived notions of a flute ensemble and instead transition to a more conventional jazz ensemble / small big band approach that is somewhat left of center. The members of the flute section are all seasoned veterans with standout performances from Hubert Laws, Nester Torres, and Jamie Baum. Another key to success is the overwhelming passion and obvious chemistry brought to the table as the Jazz Flute Big Band continues to make gigantic leaps forward when promoting the flute within the more conventional form and functionality of similar size ensembles. Aside from the obvious instrumental prowess of virtually all the participants the arrangements of Michael Abene, Mike Wofford, and Bill Cunliffe certainly seal the deal and as bassist Reid was quoted in speaking to Ali Ryerson after the recording session, "You have a gem here, my friend."
4 Stars. An impressive stride in placing the flute back in the forefront of a horn driven ensemble.
Tracks: Daahoud; Ana Maria; Stolen Moments; Speak Like A Child; Con Alma; Girl Talk; Payane; Impressions; Sail Away; Lil' Darlin'.
Personnel: Marc Adler: C and Alto Flute; Jamie Baum: C and Alto Flute; Andrea Brachfeld: C and Alto Flute; Fernando Brandao: C, Alto and Bass Flute; Bob Chadwick: Bass Flute; Richard Ford: C and Alto Flute; Kris Keith: C and Alto Flute; Zachary Kellogg: Piccolo and C Flute; Billy Kerr: C and Alto Flute; Paul Liberman C, Alto and Bass Flute; Rachael Rodgers: C Flute; Jonathan Royce: C and Alto Flute; Ali Ryerson: C and Alto Flute; Donna Sevcovic: Bass Flute; Stan Slotter: C and Alto Flute; Keith Underwood: Bass and Contrabass Flute.
Guest Soloists: Holly Hofmann: C Flute; Hubert Laws: Alto Flute; Nestor Torres: C Flute.
Rhythm Sections: Rufus Reid: Bass; Akira Tana: Drums / Percussion; Mark Levine: Piano.


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1242 City View St,Altoona, PA 16601 | Map
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Shawn A Wilkins Construction is a general contractor specializing in remodeling, renovations, and... Read More
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Brechbill & Helman Construction Co., Inc. has served the construction industry since 1966. Our fi... Read More


text: Subscribe X Close State/Province AB AL AK AS AZ AR AA AE AP BC CA CO CT DE DC FL GA GU HI ID IL IN IA KS KY LA MB ME MD MA MI MN MS MO MT NB NE NV NH NJ NM NY NC ND NL NT NS NU MP OH OK ON OR PW PA PE QC RI SC SD SK TN TX VI UT VT VA WA WV WI WY YT Your Privacy Rights Subscribe X Close State/Province AB AL AK AS AZ AR AA AE AP BC CA CO CT DE DC FL GA GU HI ID IL IN IA KS KY LA MB ME MD MA MI MN MS MO MT NB NE NV NH NJ NM NY NC ND NL NT NS NU MP OH OK ON OR PW PA PE QC RI SC SD SK TN TX VI UT VT VA WA WV WI WY YT Your Privacy Rights Women's Health's food and nutrition editor Jill Waldbieser is taking the #31Mealsin31Days challenge—she'll cook at least one homemade meal every day for the entire month of May. See her latest recipe here, and join in by sharing your own homemade meals on Instagram and Twitter! Use the hashtag #31MealsIn31Days and tag @WomensHealthMag so we can see what you're cooking! "I'm really craving a tough, dried-out burger," said no one, ever. For hamburgers that don't taste like hockey pucks, press a thumbprint in the top of each raw patty. The impression collects the juices to keep the flavor in the meat while it cooks. While Women's Health food and nutrition editor Jill Waldbieser swears it's pretty easy, making your own burgers can seem daunting. If you'd prefer to use premade beef or chicken patties, go ahead—and don't shrug off meats with higher fat content. Waldbieser says the fat cooks off when you grill, and it makes for a tastier meal. No matter what kind of patties you go with, it's hard not to love the summery combo of sweet salsa and teriyaki sauce in this recipe. Teriyaki Burger with Mango Salsa What you'll need: 1 mango, diced 1/2 cup diced pineapple 1/4 cup red onion, diced squeeze lime juice 1 lb ground beef 2 Tbsp finely chopped Vidalia onion 1 clove garlic, minced 1/2 tsp salt 1/4 tsp freshly ground pepper 1/2 tsp Worcestershire sauce 2 Tbsp teriyaki sauce 4 whole-wheat hamburger buns How to make it: 1. Combine mango, pineapple, red onion, and lime juice and set aside. 2. In a bowl, combine ground beef, onion, salt, pepper and Worcestershire sauce and mix well. Form into four equal-size patties. 3. Pre-heat a grill to medium-high and cook burgers, flipping once, about 3 to 5 minutes per side. Toast buns on top rack if desired. 4. To serve, place burgers on buns and top with teriyaki sauce and salsa. Advertisement Advertisement SO THIS HAPPENED Get our new daily newsletter! You may unsubscribe at any time. Privacy Policy | About Us Makes 4 servings. Per serving: 480 cal, 25 g fat (9 g sat), 41 g carbs, 760 mg sodium, 25 g protein More from Women's Health: Red Pepper and Feta Turkey Burgers 17 Delicious Grilling Tips 7 Fun New Hot Dog Topping Ideas Tags: healthy eatingcooking31mealsin31days


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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#1 - henryfordthegod
Reply 0 123456789123345869(05/18/2013) [-]
Now think about reality
#4 to #1 - astrozombies **User deleted account**
Reply +1 123456789123345869(05/18/2013) [-]
In reality. The woman would take the money, but then soon regret her decision by dropping her towel. A week or two goes by, she starts screaming rape. Mark is accused of rape, his friends stop talking to him, society looks down on him. Mark gets fired from his job. Now Mark is unemployed. Probably losing his house, and car. Why? Because a women accused rape because she regretted her decision.
Thats thinking reality.
Thats thinking reality.


text:
Для получения актуальных цен по гостинице Ramee Suites 2 Apartment, пожалуйста, укажите интересующие вас даты и выполните поиск.
Characterised by 37 elegant and welcoming apartments, the hotel is the right place to enjoy a pleasant atmosphere, quality accommodation and friendly service. The air-conditioned establishment features a lobby with 24-hour reception and check-out service, currency exchange facilities, lift access, WLAN Internet access, laundry service and a car park.
Построена в 2007 году
Этажей: 9
Номеров: 37
|Обратите внимание
|All accommodation units at the hotel are well appointed and equipped with amenities such as cable TV, DVD player and Internet access. Each apartment features a fully equipped kitchen with mini fridge, microwave and tea and coffee making facilities for guests to prepare their own meals. The en suite bathrooms are fitted with shower, bath and hairdryer. Further in-room amenities include double or king-size bed, direct dial telephone, washing machine and ironing set. The air conditioning is individually regulated.


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Jones & Co Photography
pictures, Hampshire, international
Jones & Co is a full-time professional photographic studio based in Farnham, Surrey. Fiona Jones and her partner Jason have a combined wealth of experience in wedding and civil partnership photography. Our style is to blend classic and modern photography to chronicle your wedding with natural and expressive imagery. Our aim is to instil within our clients the peace of mind that their wedding photography is undertaken professionally, attentively and creatively.
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"Lisel is awesome! I have to leave home for 2 weeks and she take care my 2cats and my apartment very ..."
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"Hayley was absolutely wonderful. She is a delightful person and we could see that she made a..."
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"She is doing a great job!"
"Many thanks to Alannah for looking after our wee beasties whilst we were away. So pleased to..."
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"Thank you Naomi for looking after my young boisterous dog :)"
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"Clancy had a great stay with Tim. I received updates throughout the day and she looked very content ..."


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This star rating is the opinion of the property owner only. A Self-Rated hotel has not been assessed by the AA or Visit Britain, whose official star ratings we use across LateRooms.com.
Harington's Hotel (City Centre)3 Self rated
8-10 Queen Street, Bath City, BA1 1HE
Price FromView Rooms
- Excellent
- 7 guest reviews
"This was my partner's birthday treat for me and we were delighted to receive a phone call from the hotel the day before we were due to check..."
"Friendly, helpful staff; delicious breakfast; central location; quiet and comfortable room...."
"The hotel is located right in the centre of Bath in a nice quite street. The customer service was perfect and the rooms lovely, clean and sp..."
"We couldn't fault the service we received here and found our room to be lovely, however on a hot and humid August night it was incredibly ho..."
"Lovely hotel, central, friendly staff, clean room, great breakfast...."
About the hotel
Probably the best located hotel in the heart of Bath. We are a unique haven situated in the heart of the city. A 17th century, boutique hotel set in a quiet picturesque cobbled street in the very heart of Bath.
All rooms have been individually refurbished using bright and imaginative colours and textures. The rooms have 1600 sprung mattresses, all with new bathrooms along with power showers, LCD TV's that come with freeview TV. FREE wireless broadband connection throughout the hotel. Just a minute's walk to The Roman Baths and all major attractions, shops, restaurants and night life. Rates are on a ROOM ONLY basis. A Full English cooked breakfast including a continental buffet can be ordered charged at £12. 50 per person. PARKING OFF-SITE £11. 00 per day and MUST be booked in advance subject to availability. If cancelled up to 3 days before date of arrival, a fixed amount of GBP 30 will be charged. If cancelled later or in case of no-show, 100 percent of the first night will be charged
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We stayed in the hotel's loft apartment - lovely living space, but the stairs are steep!
This was my partner's birthday treat for me and we were delighted to receive a phone call from the hotel the day before we were due to check in, offering us a free upgrade to one of their three apartments.
We were given the loft apartment in a building adjacent to the hotel, which was a fabulous living space, one we both felt we could happily live in. The stairs to it are steep, so not suitable for the infirm or disabled customers, and you could here the people in the apartment below to a certain extent. That aside, we would happily stay there again.
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Home a away from home with a hotel feel!
This house is so beautiful and we loved the attention to detail, like the old bottled water in the room to the complimentary snacks, coffee, wine and fresh flowers. With the inspired restorations to the house it leaves you with the vintage feeling of back in time.
Breakfast was outstanding and the press coffee wonderful!
Service was so kind, and close to many restaurants.
We will be returning, if in the area again!
Posted on Trip Advisor by Tntrose14, Dayton, Ohio, September 17, 2014


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Randolph, Massachusetts
Full Time
BC/BE Psychiatry Physician Needed for a FQHC located south of Boston.
- Qualified physician and advanced practitioner applications only. tier3
- Adult Only
- Outpatient
- Competitive salary plus incentives
- Generous loan repayment - $75K
- 34 paid days off plus CME
- Malpractice coverage and hospital dues paid
- Visa candidates are encouraged to apply
- Language skills a plus
- J1 and H1B visa's welcome
This is a modern facility with major renovations and expansions completed fall 2012. Great location with easy access to Boston, Providence, Cape Cod. Public transportation nearby (local bus and train service). Culturally diverse area. Haitian Creole or Portuguese fluency desirable, but not required.
- Qualified physician and advanced practitioner applications only. tier3


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un mélange de sucré -salé indescriptible, savoureux, délicieux a base de feuilles de brick amandes poulet oeufs etc
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Prawn Linguine
Member recipe by kathh1970
ServingsServes 2
Deliciously healthy easy & quick to prepare
This recipe has been submitted by the Good Food community. Sign in or create a My Good Food account to upload your own recipe creations. Please note that all recipes will be moderated but they are not tested in the Good Food kitchen.
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- 200g Linguine
- 150g Raw King Prawns
- 2 Garlic Cloves Finely Chopped
- 1/4 Red Chilli Deseeded & Finely Chopped
- 1 Lemon, Juiced
- 75g Fresh Basil
- 3 Tbs Olive Oil
- 1 Tbs Tomato Puree
- Pinch of Salt & Ground Black Pepper
- Bring a large pan of salted water to the boil for the Linguine and cook as per the pack instructions (approx 10 minutes)
- Finley chop the garlic, chilli, juice the lemon and roughly chop the basil
- When the linguine has cooked for 5 minutes heat the oil in a large frying pan and on a medium heat add the garlic & chilli for 1 minute
- Add the prawns to the garlic & chilli, add the tomato puree, lemon juice, half the basil and salt & pepper to season. Cook for approx 4 minutes on a medium heat until the prawns are pink
- Drain the linguine and add to the prawn and toss together
- Serve and dress with the remaining basil
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Discussion in 'iPod touch' started by robby10ant, Jan 15, 2009.
Jailbird is the program everyone will used when the new jailbreak is released.... Ipodtouched.net
proof? i dont believe it. post some proof will ya?
hmm.. doesn't necessarily say it will be used for the 2G..but it seems very likely.
Dude just go to getjailbird.com and you will see
I dont think it is becuase it shows both iphones why not show the 2g as well.
In the picture on ipodtouched.net it clearly shows all three types of iPods,,I font think they would lie about this becuase they are a reliable source for information...
Went to the site and saw nothing particularly interesting. All that is up is just a picture which is suppose to be a teaser for some reason.
theyre just waiting for the devteam to release the jailbreak
Im just going to go with what dev team releases
i went to the downloads section.
all i see is nothing. damn them Please Register or Log in to view images
Please Register or Log in to view images
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text: OOC: Fuck that other promo it was shit. *Adam walks slowly to the ring as the crowd pops, He is handed a mic, He sits on the apron of the ring* Well, What were you expecting? Its me. Did you want someone else? Tough luck, Im here and you are going to listen to me. You will listen to what I have to say and you will swallow it done and believe it... Because its true. *Adam climbs off the apron to the outside* You see, You are all mindless drones to the IWT machine which shoots out wrestler after wrestler and they are told who they are to be and how they act like and you the mindless masses just buy into it, You buy the merch, you buy the PPVs and you buy the show tickets but not to see me. No of course not, Im just that guy on the middle of the card while you go get food for your already fat ass. *Adam approaches a man at ringside* You are just another example. Thats your kid eh? Hello there, You see little boy, Your dad is a little bitch who wants to see your hero, But guess what? He isnt here. You get me and your too much of a pussy to even lea- *The man punches Adam, Adam turns around, He grabs the man and throws him into the outside, Adam starts beating him up, Adam pulls out a pocket knife, He holds the mans face up to his son and cuts his head, Blood pours down the mans face, Adam throws his down and leaves*


text:
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decided: April 7, 1976.
COMMONWEALTH OF PENNSYLVANIAv.GREGORY L. GEE, APPELLANT
James J. Binns, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Deborah Glass, Philadelphia, for appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Pomeroy and Nix, JJ., concur in the result. Roberts, J., filed a dissenting opinion in which Manderino, J., joined. Jones, C. J., did not participate in the consideration or decision of this case.
[ 467 Pa. Page 129]
The appellant, Gregory Gee, was convicted by a jury of murder in the second degree. Following the denial of post-trial motions, a prison sentence of five to fifteen years was imposed. This direct appeal followed.
The prosecution emanated from the fatal stabbing of Glenn Cook, seventeen years of age, outside Overbrook High School in Philadelphia in an atmosphere of hostility between two rival youth gangs, the Moon Gang, most of whose members attended Overbrook, and the June Street Gang, most of whose members attended University High School. Cook, a former student at Overbrook, was on his lunch hour and had accompanied his sixteen-year-old cousin, Tyrone Cook, a student at Overbrook, to the school.
Shortly after the stabbing, Gee, a member of and an officer in the June Street Gang, was taken into police custody and during the questioning that followed admitted he stabbed Cook. However, he explained that when he visited Overbrook that day -- it was his day off from work -- he heard from friends that "something had kicked with the Moon." At his point, Gee said, about
[ 467 Pa. Page 130]
forty members of the Moon Gang came out of the school, and Glenn Cook, whom he knew to be a member of the Moon, swung at him three times with a cane but missed each time, and in defense he stabbed Cook once with a knife and then ran.*fn1 He further indicated he carried the knife for self-protection because he himself had once been stabbed. Evidence of Gee's custodial statements was admitted into evidence at trial.
The only eyewitness to the occurrence who testified at trial for the Commonwealth was one Steven Lambert, then a student at Overbrook. He stated he was fifteen feet away from Cook and that Cook was standing alone, unarmed and leaning against the front wall of the school building when he was attacked by Gee. He said Gee ran down the front steps of the building, threw his coat onto an automobile upon which other members of the June Street Gang were sitting, approached Cook, shouted "Yeah, You from the Moon Gang" and stabbed him in the chest near the heart. Lambert said Cook then grabbed his chest and tried to run, and Gee followed him still swinging his knife.*fn2
Much of this appeal is based on statements made by various eyewitnesses to the incident which appellant contends he was improperly precluded from making adequate use of at his trial and which he describes broadly as "exculpatory." He cites Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963) for the proposition that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material
[ 467 Pa. Page 131]
either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." The proposition is undoubtedly correct, though we note that the record reveals no specific request for such evidence other than for materials relating to his polygraph examination. Nevertheless, we think that, even absent such a specific request, a prosecutor has the duty to make available to the defense evidence that is truly exculpatory, rather than merely favorable.*fn3 Brady suggests that such evidence would be "material either to guilt or to punishment." Exculpatory evidence has also been defined as "evidence which extrinsically tends to establish defendant's innocence of the crimes charged, as differentiated from that which although favorable, is merely collateral or impeaching." People v. Bottom, 76 Misc.2d 525, 351 N.Y.S.2d 328, 334-35 (1974). Cf. People v. Fraiser, 75 Misc.2d 756, 348 N.Y.S.2d 529 (1973). A piece of evidence in the possession of the prosecutor, therefore, cannot be considered exculpatory merely because the defendant chooses to call it so.
Gee argues that a detective testified both at the suppression hearing and later at trial that exculpatory statements existed which would support his claim of self-defense, but a careful reading of the record discloses only that he indicated there were statements, and that these statements were not exculpatory, but accusatory. The record does suggest the existence of statements indicating that at this scene of gang hostility other members of appellant's own gang were observed with drawn knives -- one of which may even have had blood on it -- and that someone had a cane. But in view of Gee's own repeated, uncontroverted, and independently corroborated admission that he had stabbed Glenn Cook, the finding of the pathologist that either wound sustained by
[ 467 Pa. Page 132]
Cook in itself would have been fatal, and the absence of any statement other than Gee's own placing a cane or any other weapon in the hands of the decedent, these statements would seem neither to have supported Gee's claim of self-defense nor to have suggested the provocation needed to reduce murder to manslaughter.
On the day of his arrest, Gee was given a polygraph examination, and he now argues that, apart from the question of the admissibility of the polygraph results themselves which will be discussed subsequently, the Commonwealth's failure to turn over to defense counsel "every test, every result, every interview sheet that was taken in connection with that polygraph test" was a violation of its duty to turn over exculpatory evidence. This evidence was exculpatory in the sense that it certainly contained exculpatory statements by appellant, but not in the sense that its denial precluded him from any additional evidence; it did not "extrinsically" tend to establish innocence or to mitigate guilt. The record of the suppression hearing makes it clear that the results of the examination were inconclusive, and that in the course of this examination appellant merely gave the same version of the stabbing he gave in his prior informal statement and his subsequent formal statement. Both of these statements were admitted into evidence, and any additional probative value of evidence that he remained firm and consistent in his version of events at an intermediate time would clearly be minimal in light of the consistency already shown and should not be allowed to outweigh the danger of improper inferences arising from references to the polygraph examination. Cf. Commonwealth v. Johnson, 441 Pa. 237, 272 A.2d 467 (1971).
As for pre-trial discovery in general, the law in Pennsylvania is clear that, absent "proof by the defendant, after hearing, of exceptional circumstances and compelling reasons" he may be permitted only "to inspect
[ 467 Pa. Page 133]
and copy or photograph any written confessions and written statements" made by him, and that he is not entitled to "pretrial discovery or inspection of written statements of witnesses in the possession of the Commonwealth." Pa.R.Crim.P. 310. See also Commonwealth ex rel. Specter v. Shiomos, 457 Pa. 104, 320 A.2d 134 (1974); Commonwealth v. Stafford, 450 Pa. 252, 299 A.2d 590 (1973), cert. denied, 412 U.S. 943, 93 S.Ct. 2775, 37 L.Ed.2d 404 (1973); Commonwealth v. Turra, 442 Pa. 192, 275 A.2d 96 (1971). Here appellant made no pretrial showing of "exceptional circumstances and compelling reasons" that would entitle him to pretrial discovery beyond that of his own statements, nor was the notice-of-alibi rule, which would have entitled him to reciprocal discovery, enforced against him. Cf. Commonwealth v. Jackson, 457 Pa. 79, 319 A.2d 161 (1974). The Commonwealth did make available during presentation of its own case-in-chief all relevant statements in its possession and not merely those of witnesses it ultimately called to the stand, and the record does not support appellant's claim that he was denied effective access to the statements during the trial. Cf. Commonwealth v. Kontos, 442 Pa. 343, 276 A.2d 830 (1971).
At the trial the Commonwealth called only one eyewitness to the killing, Steven Lambert, and indicated to the defense that it was not going to call a number of others who had given statements to the police because they had changed aspects of their stories and were not thought to be reliable witnesses. The changes, however, were not exculpatory in nature and appeared rather to strengthen the evidence of guilt. Appellant nevertheless now argues that in not calling these witnesses the Commonwealth failed in its obligation not to withhold testimony favorable to the accused, apparently on the theory that it thereby precluded him from cross-examining these witnesses about the inconsistencies with their prior statements. The law is clear, however, that the Commonwealth
[ 467 Pa. Page 134]
is not required to call to the stand all available witnesses, particularly if it regards them as unreliable, as long as it makes their names and whereabouts available to the defense. See Commonwealth v. Jones, 452 Pa. 569, 308 A.2d 598 (1973); Commonwealth v. Carter, 427 Pa. 53, 233 A.2d 284 (1967); Commonwealth v. Horn, 395 Pa. 585, 150 A.2d 872 (1959). The Commonwealth here made all such witnesses available to the defense, and indeed procured them for the defense to call at trial if it chose to do so. Hence, it was also not error, as appellant argues, for the court to refuse to charge the jury that it could draw an unfavorable inference from the Commonwealth's failure to call additional witnesses. Cf. Commonwealth v. Carter, supra.
Because of what it continued to regard as exculpatory evidence in these witnesses' prior statements, the defense determined to call them on its own behalf. Since it appeared that these witnesses might have been involved with one side or the other in the gang hostility that accompanied the killing, a hearing was held in the judge's chambers to advise each potential witness of his right to counsel and his right not to incriminate himself, and some of them eventually chose not to testify and were excused for this reason. Others indicated that they were willing to testify, but it became apparent that at least some of them were eager to testify not for Gee, but against him. Because of this, the judge repeatedly warned defense counsel that such witnesses might be harmful to his client, and that if he made them his witnesses and they testified adversely, he could not claim surprise and impeach them with their prior statements. Counsel indicated that he still expected them to testify in a manner consistent with their statements to the police, and that this would be helpful to his client. When these witnesses were called to the stand, they did not testify as counsel hoped, and all efforts at contradition or impeachment by means of the prior statements were objected to
[ 467 Pa. Page 135]
by the Commonwealth and precluded by the court. Gee argues that this was error.
The origins of the rule that ordinarily a party cannot impeach the testimony of a witness he himself has called is shrouded in historical obscurity. It is generally thought to be a relic of the primitive time when parties were not supported by witnesses in the modern sense of the word, but by "oath-helpers" whose function was not to attest to facts but the purely partisan one of swearing for the party calling them. See 3A Wigmore, Evidence § 896 (Chadbourn rev. 1970). Since these oathhelpers were ordinarily chosen by the party from among his own relatives, friends, or adherents and countered by similar oath-helpers representing the other side, it was thought appropriate to regard each party as vouching for the credibility of his own witnesses and bound by what they affirmed. Courts have long recognized, however, that a strict application of the ancient voucher rule under the conditions of modern jurisprudence can lead to injustice, and so they have articulated and developed a number of exceptions to the rule, usually without questioning whether the rule itself remains a valid one.*fn4 One such well-established exception permits a party, who has been surprised by an adverse statement made by a witness he has called, to cross-examine him on the basis of his prior inconsistent statements. The general rule in this regard, however, is that
[ 467 Pa. Page 136]
prior inconsistent statements are hearsay and admissible not as substantive evidence of the truth of the prior statements, but merely to impeach the credibility of the present ones.*fn5
The Commonwealth here contends that defense counsel was not entitled to cross-examine these witnesses on the basis of surprise because he had not talked to the witnesses before calling them, and because he was fully warned by the prosecutor that they were untrustworthy and by the judge that it appeared they might testify against his client. It cites language in Commonwealth v. Turner, 389 Pa. 239, 253, 133 A.2d 187 (1957), and Selden v. Metropolitan Life Insurance Company, 157 Pa. Super. 500, 505, 43 A.2d 571 (1945), for the proposition that to plead surprise a party must be genuinely surprised and not merely disappointed.*fn6 But Turner and Selden depend as much upon the lack of genuine adverseness in the testimony sought to be impeached as upon the lack of genuine surprise, and rather than deciding such cases solely on the basis of strict definitions of surprise, we think that the more flexible approach articulated in Commonwealth v. Gomino, 200 Pa. Super. 160, 173, 188 A.2d 784 (1963), and quoted with approval by this Court
[ 467 Pa. Page 137]
in Commonwealth v. Smith, 424 Pa. 544, 548, 227 A.2d 653, 655 (1967), is a more appropriate standard to follow:
"'While as a general rule a party who calls a witness represents him as being worthy of belief and cannot impeach him, this rule has been considerably relaxed to prevent injustice and the tendency of the courts is to permit parties to show the truth without strict regard to technicalities.'" (Emphasis in original.)
Pennsylvania courts have frequently permitted parties to contradict or impeach witnesses called by them without a strict requirement of surprise when the interests of truth and justice seem to require it. See, e. g., Commonwealth v. Smith, supra; Commonwealth v. Deitrick, 221 Pa. 7, 70 A. 275 (1908); Commonwealth v. Staino, 204 Pa. Super. 319, 204 A.2d 664 (1964); Commonwealth v. Gomino, supra; Commonwealth v. Gurreri, 197 Pa. Super. 329, 178 A.2d 808 (1962); Commonwealth v. Bartell, 184 Pa. Super. 528, 136 A.2d 166 (1957); Commonwealth v. Bowers, 182 Pa. Super. 628, 127 A.2d 806 (1956).*fn7
In addition, the United States Supreme Court has held that in some circumstances the strict application of a state's voucher rule to prevent a defendant from cross-examining or contradicting a witness he himself has called can be a denial of his right to due process of law. Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973). As Mr. Justice Powell has
[ 467 Pa. Page 138]
trenchantly observed in Chambers : ". . . in modern criminal trials, defendants are rarely able to select their witnesses: they must take them where they find them." 410 U.S. at 296, 93 S.Ct. at 1046. Although -- unlike the new Federal Rules of Evidence, which unequivocally allow the credibility of any witness to be attacked by any party -- Pennsylvania law invests a measure of discretion in the trial judge as to whether a party may cross-examine a witness he himself has called, it would be an abuse of discretion for the judge to deny cross-examination strictly on the basis of lack of surprise if to do so would be to cause substantial injustice to the defendant. In this case, however, the trial judge has indicated in his opinion denying Gee's motion for a new trial that his refusal to allow cross-examination about the witnesses' prior statements was based not only on the absence of surprise but also on the collateralness of the prior inconsistencies to the issues of fact to be determined by the jury.
Since Gee in a statement prior to trial, the accuracy and voluntariness of which he did not contest at trial, admitted that he had stabbed Glenn Cook, the only significant disputed issue of fact for the jury to resolve was whether or not the decedent first attacked him with a cane, thus absolving him of or mitigating his guilt. He also declared in his statement that he had stabbed the decedent only once and then retreated, while the Commonwealth's witness, Steven Lambert, testified that, still swinging his knife, he followed in the direction of the retreating Glenn Cook. However, even if the jury were to accept Gee's version of subsequent events, the uncontroverted and undisputed opinion of the expert pathologist was that either would alone would have been fatal; thus, Gee would have been responsible for Glenn Cook's death even if another had subsequently stabbed him. Therefore, although we are hampered by the absence in the record of the statements given by these witnesses to
[ 467 Pa. Page 139]
the police and regarded by Gee as exculpatory, and by Gee's failure to specify clearly why he regarded them as such and what he would have been able to prove had the witnesses testified consistently with their prior statements, a careful reading of the record suggests that his reliance on their exculpatory nature was misplaced.
The record indicates that only one of these witnesses, Leroy Malachi, testified at trial about the stabbing itself. Another witness, Charles Waters, had apparently told the police prior to trial that he had seen several boys with knives and one with a cane, and he repeated this on the witness stand. On cross-examination by the Commonwealth, however, he stated that the boy with the cane was not the decedent but Michael Leatherbury, a member of the June Street Gang. Since the original statement apparently did not say that Glenn Cook had the cane, only that somebody did, there was no contradiction of the earlier statement, only an amplification of it. Defense counsel obviously hoped that testimony that a cane was present would lend support to Gee's story, but significantly he did not ask the witness who had the cane, and so obviously did not rely on any previous statement that it was in the possession of the decedent. When the Commonwealth brought out on cross-examination the damaging testimony that it was a member of Gee's own gang who was swinging the cane, thus not only casting doubt on Gee's version of events but suggesting to the jury where he might have gotten the idea for his story, defense counsel had not only no basis for surprise, but no prior contradiction to provide a basis for impeachment. Similarly, the witness, Leroy Malachi, had apparently stated to the police that Leatherbury had a knife, while on direct he stated that he had a cane; on cross, however, he resolved the apparent contradiction by testifying that Leatherbury had both a knife and a cane, and that he regularly carried the cane because of a crippled leg.
[ 467 Pa. Page 140]
Gee, through cross-examination concerning a statement given to the police, attempted to show that another member of the June Street Gang, known as White Mouse, had been seen with a bloody knife. But one potential witness who had told this to the police declined to testify on Fifth Amendment grounds, as did White Mouse himself. Waters, who did take the stand, denied that he saw White Mouse with a knife in his hand; in his statement he apparently had said that White Mouse did have a knife, though there was no indication he said it had blood on it. In view of Gee's admission that he had stabbed the decedent, an inconsistency as to whether the witness had seen White Mouse with a knife, even one that might have had blood on it, particularly since he did testify he had seen others with knives, was clearly a matter collateral to the issue of whether or not decedent had attacked appellant with a cane. Cf. Commonwealth v. Lynch, 455 Pa. 213, 314 A.2d 274 (1974); Commonwealth v. Fisher, 447 Pa. 405, 290 A.2d 262 (1972). Even more clearly collateral and irrelevant were defense counsel's efforts to bring out apparent inconsistencies as to whether or not Glenn Cook was a member of the Moon Gang, particularly since another witness, Kevin Miller, did state that he was. Certainly even if it were established beyond all doubt that the decedent was a member of the rival gang, this, in itself, would lend no support to Gee's claim that Glenn Cook had attacked him with a cane.
We therefore conclude that in this case the trial judge did not abuse his discretion in preventing defense counsel from cross-examining the witnesses he himself had called. Although it might well be a denial of due process for a court to forbid a defendant from impeaching his own witness strictly on the basis of lack of surprise where the witness had made a prior exculpatory statement "under circumstances that provided considerable assurance of [its] reliability," as in Chambers v. Mississippi,
[ 467 Pa. Page 141]
supra, 410 U.S. at 300, 93 S.Ct. at 1048, due process does not require that a defense counsel, who calls witnesses on the basis of unreliable*fn8 prior statements that are not exculpatory and are merely collateral to the matter at issue, be permitted to impeach those witnesses by means of these statements. Nor, for the same reason, was it an abuse of discretion for the judge subsequently to refuse to allow defense counsel to impeach these witnesses indirectly through the police officers who took down their statements. We are of the opinion that such judicial discretion is important as a check on the delay and confusion which can be caused by collateral testimony, and that the burden must remain with a defendant, not strictly surprised by adverse testimony and seeking to cross-examine an adverse witness he himself has called, of showing that the denial of such cross-examination would be an injustice to him because the prior statement depended upon was exculpatory and sufficiently indicative of reliability to make reliance upon it reasonable. See and compare Commonwealth v. Bowers, supra.
[ 467 Pa. Page 142]
Gee further argues that it was error to exclude the results of his polygraph examination. This Court has repeatedly and consistently held that the results of a polygraph examination are inadmissible for any purpose in Pennsylvania because the scientific reliability of such tests has not been sufficiently established. See, e. g., Commonwealth v. Brooks, 454 Pa. 75, 309 A.2d 732 (1973); Commonwealth v. Johnson, supra; De Vito v. Page 142} Civil Service Commission, 404 Pa. 354, 172 A.2d 161 (1961). Gee points out, however, that a number of jurisdictions have now held such results to be admissible, and that the scientific accuracy of such tests has so improved in recent years that we should reconsider our position with regard to them. Certainly it is incumbent upon us to be alert to developments in this field so that, if indeed lie detectors have passed beyond the experimental stage to a trustworthiness comparable to that of other scientific tests whose results have immeasurably aided our courts in their search for truth, we do not deny ourselves the enlightenment they might provide. We also note that polygraph results have been admitted in other jurisdictions under conditions in which the court is satisfied of their probative value, and that such admissibility has found persuasive judicial advocates. See, e. g., United States v. Ridling, 350 F.Supp. 90 (E.D.Mich.1972).*fn9 We do not think, however, that the present case is an appropriate one in which to reconsider our established view about the reliability of such tests, since the record indicates that the results of the test given to Gee were inconclusive.
Gee also argues that he was denied a fair trial because of the inconsistency of trial rulings and the conduct of the judge during the course of the trial. After a careful examination of the record, we find the argument to be without merit.
Judgment affirmed.
[ 467 Pa. Page 143]
ROBERTS, Justice (dissenting).
I believe that this case provides a good example (1) why we should abandon the ancient doctrine that the party producing a witness vouches for his truthfulness and (2) why we should admit the prior inconsistent statements of witnesses as evidence concerning the matters contained in the statement.
In this case the police took statements from approximately half a dozen eyewitnesses to the killing. Apparently*fn1 several of these witnesses stated that decedent was a member of a gang, that the clash which resulted in his death was a gang fight, and that someone, possibly decedent, had a cane during the fight which preceded the killing. These statements tended to corroborate appellant's claim that decedent attacked him with a cane and that he killed to protect himself from serious bodily harm.*fn2
Sometime after these statements were given, however, all but one of these witnesses changed their testimony. The Commonwealth called the one witness whose testimony did not change. He testified that he saw no cane and that neither he nor decedent were members of a gang. The Commonwealth refused to call the other witnesses because they were felt to be unreliable, having changed their stories.
[ 467 Pa. Page 144]
In an effort to use the statements which tended to verify appellant's version, appellant's counsel called two of the witnesses who had changed their minds and asked them about the incident. When they testified in accordance with their changed stories, appellant's counsel plead surprise and asked that he be allowed to impeach on the basis of the prior inconsistent statements. The trial court did not allow him to do so. Although the trial court explaned to appellant and his counsel before the witnesses were called that it would not allow any claim of surprise, and though this ruling was probably sustainable, I believe that we should reverse the ruling which kept these relevant and freely given statements from the jury.
It is important to realize that the earlier statements given by the witnesses to the police shortly after the killing were probably as reliable or more reliable than the corresponding in-court testimony.
"In many cases, the inconsistent statement is more likely to be true than the testimony of the witness at the trial because it was made nearer in time to the matter to which it relates and is less likely to be influenced by the controversy that gave rise to the litigation."
Comment, California Evidence Code § 1235.
Moreover, the witnesses who made the statements are available for cross-examination concerning the earlier statements and the conditions under which they were given.*fn3 The trier of fact may observe the witness as he
[ 467 Pa. Page 145]
explains or denies giving the earlier statement.*fn4 Nothing is lost to the normal procedure in which the jury evaluates the weight and credibility to be accorded the witness' testimony.*fn5 The practice of admitting a witness' prior inconsistent statement as substantive evidence has been accepted in many jurisdictions. See Fed.R.Evid. 607, 801(d)(1) (prior inconsistent statement admissible as substantive evidence upon request of any party); Gelhaar v. State, 41 Wis.2d 230, 163 N.W.2d 609 (1969), cert. denied 399 U.S. 929, 90 S.Ct. 2229, 26 L.Ed.2d 796 (1970) (prior inconsistent statement admissible as substantive evidence when in writing and declarant is available for cross examination); Cal.Evid.Code § 1235 (prior inconsistent statement admissible as substantive evidence when declarant available for cross-examination); Kansas Stat.Anno. § 60-460(a) (prior statement admissible as substantive evidence if declarant is a witness, without regard to consistency of statement); New Jersey R.Evid. 63(1) (prior inconsistent statement admissible as substantive evidence when used to impeach witness); Utah R.Evid. 63(1) (prior inconsistent statement admissible without regard to use for impeachment); Uniform R.Evid. 801(d)(1) (similar to Fed.R.Evid. 801(d)(1) that prior inconsistent statement is admissible as substantive evidence).
Allowing such statements to be admitted in evidence for the truth of the matters stated would require just two changes in the law of evidence as it presently exists
[ 467 Pa. Page 146]
in Pennsylvania. First, any party should be allowed to impeach any witness. If this were not allowed, only the party who did not call the witness could use a prior inconsistent statement. This would be virtually the same as present law. Second, the prior inconsistent statement would be admissible not only to impeach the witness, but would be substantive evidence. These changes are not drastic, as evidenced by their acceptance in the jurisdictions listed above.*fn6
The majority's result serves only to keep relevant and reliable evidence from the jury. Its result serves no greater principle than judicial intertia. I believe that a trial is, fundamentally, a search for an objective account of the events upon which the criminal charges are based. An evidentiary rule which forces the searcher to ignore relevant clues whose reliability can be tested by cross-examination serves no purpose. I, therefore, dissent from the majority's result.
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Online Class
Patternmaking Basics: The Bodice Sloper
with Suzy Furrer
Fiery,the little amigurumi pickup truck.Like his name,glaring with his yellow eyes he blazes a trail of fire down the road.Fast and furious, fiercely loyal,he lets no one overtake him.He loves a challenge.But underneath that tough exterior,he is a softie.Literally. :) He measures approximately 3 inches wide,4 inches tall and 6 inches long. This listing is for the Amigurumi Crochet Pattern of Fiery,the truck.The pattern is in PDF form and consists of 8 pages of instructions with ample images for visual guidance.


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The European Football governing body UEFA has fined Croatia for fan violence after the fans pelted fire works on the pitch in the game against Czech Republic.
A statement on the organization's website says;
The independent UEFA Control, Ethics and Disciplinary Body (CEDB) met today in Paris to deal with the disciplinary proceedings opened against the Croatian Football Federation (HNS) following the incidents which occurred at the Czech Republic v Croatia match on 18 June in Saint-Etienne (2-2).
ALSO READ: Wenger Dismisses Vardy Speculation
Charges relating to crowd disturbances, use of fireworks, throwing of missiles and racist behaviour had been brought against the HNS, and the CEDB decided to impose the following sanctions:
• A fine of €100,000.-
• To prohibit the HNS from selling tickets to certain fans (identified by the HNS and the Croatian authorities as hooligans) for the remainder of UEFA EURO 2016. This sanction is deferred under a probationary period until the end of the tournament.
The decisions of the UEFA Control, Ethics and Disciplinary Body are open to appeal.


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text:
Posted on 22 August 2014
- 18:35
The quartet, who all started in our opening day Premier League win at West Ham, did not travel with the squad for our Europa League match against AEL Limassol in Cyprus.
However, they're set to be in contention for our first competitive home game of the season this weekend along with Belgian trio Jan Vertonghen, Mousa Dembele and Nacer Chadli, plus Brazilian midfielder Paulinho, after all returned to action in midweek following their staggered returns from international duty at this summer's World Cup.
Kyle Naughton is suspended after his sending off at West Ham while Kyle Walker (pelvis) and Vlad Chiriches (back) remain sidelined.
17 October 2016
Christian Eriksen hopes the familiarity and trust between the players will bear fruit in Germany on Tuesday.
26 August 2016
Christian Eriksen wants to see us hit the goals trail early against Liverpool.
30 June 2016
Christian Eriksen is ready to use his prior experience of Champions League football to our advantage this year.
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All photography copyright Getty Images (unless otherwise stated)


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Check in from 3:00 PM / Check out prior to 11:00 AM
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text:
Does anyone know how to set the name of the tab to the hostname of the machine after ssh into it?
if you mean "automatically" (for example, as some Unix terminals do), then it's impossible unless you teach ssh to update console's title.
If you mean "manually" (as in couple-clicks-with-some-typing), then you can use Edit > Rename tab or corresponing hot key. Note that Console Settings > Appearance has couple checkboxes that affect how well Rename tab works - you need to uncheck Use console window title, and you might want to uncheck Show command in tabs. I've also noticed that when you rename the tab *some* things may need to happen before the title actually updated.
Hope it helps a bit.
I'm not sure if I am understanding your query, but you can use<code> TITLE %COMPUTERNAME%</code> when the option to use Console windows title for tabs is set.


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Community psychiatric nurses
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In the United Kingdom a Community Psychiatric Nurse (CPN) is a psychiatric nurse based in the community rather than a psychiatric hospital. They form an integral part of community mental health teams. They are often patients keyworkers within the NHS mental health system and are often the first port of call for further referals to psychiatrists, psychotherapists and other mental health professionals. Coummunity Psychiatric Nurses mainly visit people in their own homes but they also see people in other settings such as gp surgeries or the community mental health team base.
Community Psychiatric Nurses are fully trained psychiatric nurses who have several years experience working in a psychiatric hospital or ward.


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text: Hickey and Walters (Bespoke) submit: The earnings roller coaster ride is coming to an end this quarter, as the number of reports by day continues to decline. This week we have WYNN reporting on Monday, TYC, MMC and CSCO on Tuesday, S and BID on Wednesday, and URBN, CSC and NVDA finishing us off on Thursday. We'll be back later with more second quarter earnings analysis.