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Sopko v. Smith
Filing 15
Sopko v. Smith, No. 1:2010cv01943 - Document 15 (N.D. Ohio 2012)
Court Description:
MEMORANDUM OPINION Adopting Report and Recommendation in part. Petition for writ of habeas corpus denied. Judge David A. Katz on 11/13/12. (G,C)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION DAVID SOPKO, Plaintiff, Case No. 3:10 CV 1943 -vsMEMORANDUM OPINION KEITH SMITH, Defendant. KATZ, J. This action involves Petitioner David Sopko s Petition for a Writ of Habeas Corpus. The matter is currently before the Court on Magistrate Judge Greg White s Report and Recommendation ( R&R ), Doc. 11, which recommends that this Court deny the Petition on each of the six grounds advanced by Sopko. Sopko timely objected. Doc. 14. Respondent did not respond. In accordance with United States v. Curtis, 237 F.3d 598, 603 (6th Cir. 2001), and Hill v. Duriron Co., 656 F.2d 1208 (6th Cir. 1981), this Court has made a de novo determination of the Magistrate s findings, and for the reasons that follow, the Court will deny Sopko s Petition. The Court does so adopting the R&R s reasoning on Grounds One and Two, and Grounds Four through Six. The Court denies Sopko s petition on Ground Three for the reasons described below. I. Background The Court hereby adopts the Magistrate s description of the facts and procedure as provided in the R&R, and as follows: I. Summary of Facts In a habeas corpus proceeding instituted by a person in custody pursuant to the judgment of a state court, factual determinations made by state courts shall be presumed to be correct. 28 U.S.C. § 2254(e)(1); see also House v. Bell, 283 F.3d 37 (6th Cir. 2002). The state appellate court summarized the facts underlying Sopko s conviction as follows: {¶ 5} During the jury trial, the state called several witnesses. From a review of their testimony, we derive the following information. {¶ 6} Appellant and H.E. [FN1] ( the mother ) have two children, B.S. (DOB 3/30/00) and T.S. (DOB 2/6/02). Prior to the birth of T.S., the couple separated. Nine months after the birth of T.S., the mother attempted suicide, and the Department of Human Services placed both children with relatives. B.S. went to live with his grandmother, and T.S. went to live with her great aunt S.F. ( the aunt ). Appellant visited each of his children every other week. FN1. At trial, T.S. referred to both her vagina and appellant's penis as goongie ; however, for purposes of this opinion, we shall use the terms vagina and penis. {¶ 7} According to the aunt's testimony, in late 2005 or early 2006, T.S. began visiting appellant more often. The aunt testified that in May 2006, T.S. began touching her own vagina. In October 2006, during her shower, T.S. asked the aunt if she would clean her like Daddy David does, and T.S. laid down and started touching her vagina. The aunt confronted appellant about this, and appellant asked, Aren't you supposed to clean out everything? Appellant agreed to stop washing T.S. at the aunt's request. The aunt also testified that appellant had told her once that he liked to wear diapers during sexual relations. {¶ 8} The aunt further testified that T.S.'s behavior continued to change. She would touch her vagina, and she began to attempt to french kiss the aunt, her uncle, and B.S. In early 2007, the aunt contacted Medina Jobs and Family Services social worker, Ana Becker ( the social worker ). On February 6, 2007, the social worker interviewed T.S. As a result of T.S.'s description of appellant's behavior, the social worker contacted the police. Eventually, T.S. met 2 with North Olmsted Police Detective Kenneth Vagese and the social worker. {¶ 9} T.S. testified that appellant would touch her vagina [FN2] and that he would rub it with his finger, which made her feel sad. T.S. stated that she closed her eyes during the touching because appellant told her to. T.S. testified that appellant made her wear diapers and no shirt and took pictures of her on the bed. T.S. also saw appellant do this to B.S. T.S. testified that appellant put his finger inside her vagina, which hurt and made her sad. FN2. At trial, T.S. referred to both her vagina and appellant's penis as goongie ; however, for purposes of this opinion, we shall use the terms vagina and penis. {¶ 10} The social worker testified that when she talked to T.S., T.S. told her about appellant's actions. T.S. told her that appellant had put his finger inside her vagina and used his tongue on her vagina. Thereafter, the social worker contacted police. During the first police interview, T.S. felt ill and told the social worker that her mother told her not to talk to police about the situation. Because T.S. felt ill, the interview stopped. {¶ 11} At the second interview with the police and the social worker, T.S. explained what appellant did and circled the penis on a body map. T.S. said that she showered with appellant and that he touched her vagina with his penis. T.S. stated that it hurt only when he pushes it in too hard. As a result of what she learned from T.S., the social worker immediately set up set up [sic] a medical appointment at Akron Children's Care Center and a counseling appointment at Solutions Behavioral Health Care in Brunswick. {¶ 12} Det. Vagese testified that, as a result of T.S.'s story, he obtained an arrest warrant for appellant. As a result of information obtained from appellant's friend, Scott Smith, regarding a computer, the police also obtained a search warrant for appellant's home. At appellant's home, Det. Vagese seized a computer, a bin containing diapers and pornographic magazines, and an inflatable doll ( the doll ). According to Det. Vagese, the Internet Crimes Against Children Task Force found no child pornography or photographs of T.S. or B.S. on the computer. {¶ 13} Forensic Scientist, Dale Laux, testified that he found sperm on all of the doll's orifices and seminal fluid on the diaper the doll was 3 wearing. Melissa Zielaskiewicz, from the Bureau of Criminal Investigations, testified that DNA found by Laux matched DNA from appellant. State v. Sopko, 2009 WL 97705, *1-2 (Ohio App. 8th Dist. Jan. 15, 2009). II. Procedural History A. Conviction On March 29, 2007, a Cuyahoga County Grand Jury charged Sopko with thirty-four counts of rape together with sexually violent predator specifications.[FN1] (Doc. No. 7-1, Exh. 1.) Sopko agreed to a bench trial on the sexually violent predator specifications, but proceeded to a jury trial on the rape counts. (Doc. No. 7-1, Exh. 4.) After the State presented its case, the court granted the State s motion to dismiss thirty-one counts. (Doc. No. 7-1, Exh. 6.) Three counts remained count one alleging digital penetration, count two, cunnilingus, and count three, vaginal penetration. (Doc. No. 7/6 at 9-10.) On October 5, 2007, the jury found Sopko guilty of counts one and three. Id. The court then found Sopko to be a sexually violent predator. (Doc. No. 7-1, Exh. 5.) He was sentenced to two life terms without parole. (Doc. No. 7-1, Exh. 6.) FN1. The offenses occurred between May1, 2006, and December 31, 2006. (Doc. No. 7-1, Exh. 1.) B. Direct Appeal On December 4, 2007, Sopko, through new counsel, filed a timely Notice of Appeal with the Court of Appeals for the Eighth Appellate District ( state appellate court ) raising eight assignments of error: 1. The trial court erred in violation of the Sixth and Fourteenth Amendments to the United States Constitution, and Article I, Section 10 of the Ohio Constitution which provide rights to confrontation and cross-examination, and Ohio Evidence Rules 801 and 802, when it permitted state witnesses to testify with inadmissible hearsay statements. 2. The State failed to present sufficient evidence to sustain a conviction against Appellant. 3. Appellant s convictions are against the manifest weight of the evidence. 4 4. The trial court erred and deprived Appellant of a fair trial when it allowed other acts testimony whose prejudicial effect outweighs its probative value. 5. Appellant was denied a fair trial by the social worker s improper comments while testifying. 6. Appellant was denied his right to a fair trial due to the prosecutor s improper remarks during closing argument. 7. Appellant was denied effective assistance of counsel as guaranteed by Section 10, Article I, of the Ohio Constitution and the Sixth and Fourteenth Amendments of the United States Constitution when defense counsel failed to question the child during the competency hearing and failed to object to the child s competency, failed to object to hearsay testimony, failed to object to the admission of prejudicial irrelevant evidence, failed to object to the prosecutor s questions and the social worker s opinion about whether sexual abuse was substantiated and how Appellant was the perpetrator, and failed to object to the prosecutor s improper closing arguments vouching for the alleged victim s credibility. 8. The trial court erred when it classified Appellant as a sexual predator. (Doc. Nos. 7-1 and 7-2, Exhs. 7, 8.) The state appellate court, sua sponte, remanded the case for clarification of the sentencing entry. See Cuyahoga County Online Docket. On November 7, 2008, the trial court filed a nunc pro tunc sentencing entry clarifying that Sopko was found guilty of counts one and three, not guilty of count two, and that counts four through thirty-one were nolled. Id. On November 10, 2008, Sopko filed a notice of supplemental authority. (Doc. No. 7-2, Exh. 9.) On January 15, 2009, Sopko s conviction was affirmed. (Doc. No. 7-2, Exh.10.) On May 12, 2009, Sopko filed a Notice of Appeal with the Supreme Court of Ohio, raising eight propositions of law: 1. Evidence that an administrative agency has made a preliminary determination that a criminal defendant is the perpetrator of a crime is not admissible in a criminal trial. 2. The fact that a social worker subsequently refers a child for medical treatment on the basis of allegations of sexual abuse 5 does not cause the preceding interview with the child to one [sic] for the purpose of medical diagnosis. 3. A child victim s statements to others that is inconsistent with the child s testimony at trial cannot be offered by the State for the truth of those statements. 4. To establish that a defendant is a sexually violent predator, and thus likely to recidivate, there must be more than merely evidence that a defendant has sexually assaulted his own child on two occasions. 5. Evidence of sexual acts committed alone and in private is not admissible as other acts evidence against a defendant charged with a sexual assault. 6. A prosecutor may not, in closing argument, communicate to the jury that the office of the prosecutor does not bring forth cases that are baseless. 7. Counsel is ineffective in violation of the Sixth Amendment when counsel fails to question a child during a competency hearing, fails to object to the child s competency as a witness, fails to object to the admissibility of inadmissible hearsay evidence, fails to object to the admission if [sic] irrelevant and prejudicial evidence, fails to object to improper opinion evidence regarding witness credibility and fails to object to improper closing arguments. 8. Even when an error does not rise to the level of plain error, a trial court can still reverse a conviction for ineffective assistance of counsel. Trial counsel are expected to do more than avoid obvious and plain errors and the determination by a court of appeals that the outcome of a trial would not have been different but for a trial error, and thus that plain error has not occurred, is a higher standard of prejudice than the lack of confidence in a verdict that will cause the court of appeals to reverse a conviction because of trial counsel s ineffectiveness. (Doc. No. 7-3, Exhs. 11, 12.) On June 3, 2009, the appeal was dismissed as not involving any substantial constitutional question. (Doc. No. 7-3, Exh 14.) C. Federal Habeas Petition 6 On September 1, 2010, Sopko filed a Petition for Writ of Habeas Corpus and asserted the following grounds for relief: GROUND ONE: The trial court erred, in violation of Mr. Sopko s Fifth, Sixth and Fourteenth Amendments to a trial by jury with due process of law when it allowed social worker Becker to testify that her agency determined that substantial sexual abuse was perpetrated by David Sopko had been substantiated. GROUND TWO: During the State s case-in-chief, the trial court allowed the state s witness Becker to testify to matters told to Becker by T.S., and about which the defense could not cross-examine T.S. GROUND THREE: The trial court incorrectly found Appellant to be a Sexually Violent Predator because there was insufficient evidence to sustain this finding. U.S. Const. Amends. V, XIV. GROUND FOUR: This trial court improperly admitted evidence regarding the defendant s having engaged in sexual activity with an inflatable doll. Such evidence did nothing but to suggest that the defendant was a deviant character. As such, this evidence denied the defendant a fair trial in violation of the Fifth and Fourteenth Amendments. GROUND FIVE: The prosecutor in her closing arguments stated: I submit to you, there was no story. The State of Ohio doesn t come before juries to present stories. We don t have time for that, ladies and gentlemen. These comments denied the defendant a fair trial, and thus violates the due process clause of the Fourteenth Amendment. See also, U.S. Const. Amends. V, VI. GROUND SIX: Trial counsel was ineffective in violation of the Sixth Amendment when counsel failed to question a child during a competency hearing, failed to object to the child s competency as a witness, failed to object to the admissibility of inadmissible hearsay evidence, failed to object to the admission if [sic] irrelevant and prejudicial evidence, failed to object to improper opinion evidence regarding witness credibility and failed to object to improper closing arguments. (Doc. No. 1.) Respondent argues that these claims are either not cognizable in federal habeas, procedurally defaulted, or meritless. 7 II. Exhaustion and Procedural Default A. Exhaustion State prisoners must exhaust their state remedies prior to raising a claim in federal habeas corpus proceedings. 28 U.S.C. § 2254(b)-(c). This requirement is satisfied when the highest court in the state in which the petitioner was convicted has been given a full and fair opportunity to rule on the petitioner s claims. Manning v. Alexander, 912 F.2d 878, 881 (6th Cir. 1990). However, if relief is no longer available in state court, exhaustion can be rendered moot: If no remedy exists, and the substance of a claim has not been presented to the state courts, no exhaustion problem exists; rather, it is a problem of determining whether cause and prejudice exist to excuse the failure to present the claim in the state courts. Rust v. Zent, 17 F.3d 155, 160 (6th Cir. 1994). B. Procedural Default A habeas petitioner procedurally defaults a claim if: (1) the petitioner fails to comply with a state procedural rule; (2) the state courts enforce the rule; (3) the state procedural rule is an adequate and independent state ground for denying review of a federal constitutional claim; and (4) the petitioner cannot show cause and prejudice excusing the default. Wogenstahl v. Mitchell, 668 F.3d 307, 321 (6th Cir. 2012) (citing Maupin v. Smith, 785 F.2d 135, 138 (6th Cir. 1986)). To qualify as an adequate procedural ground, a state rule must be firmly established and regularly followed. Walker v. Martin, 131 S.Ct. 1120, 1127 (2011). A rule giving courts an appropriate exercise of discretion can be firmly established and regularly followed even if the federal claim is considered in some cases but not others. Beard v. Kindler, 130 S.Ct. 612, 618 (2009) (citing Meltzer, State Court Forfeitures of Federal Rights, 99 Harv. 8 L.Rev. 1128, 1140 (1986) ( [R]efusals to exercise discretion do not form an important independent category under the inadequate state ground doctrine. )). Where state court remedies are no longer available to a petitioner because he failed to use them within the required time period, procedural default bars federal court review. Engle v. Isaac, 456 U.S. 107, 125 n.28 (1982). If an Ohio petitioner failed to raise a claim on direct appeal, which could have been raised, the claim is procedurally defaulted. Id. This type of procedural default is often confused with exhaustion. Exhaustion and procedural default, however, are distinct concepts. The AEDPA s exhaustion requirement only refers to remedies still available at the time of the federal petition. Id. Where state court remedies are no longer available to a petitioner because he failed to use them within the required time period, procedural default and not exhaustion bars federal court review. Id. In Ohio, a petitioner is not entitled to raise claims in post-conviction proceedings where those claims could have been raised on direct appeal. Id. Thus, if an Ohio petitioner failed to raise a claim on direct appeal, which could have been raised, the claim is procedurally defaulted. III. Discussion This case is governed by the Antiterrorism and Effective Death Penalty Act of 1996 ( AEDPA ), 28 U.S.C. § 2254. See Lindh v. Murphy, 521 U.S. 320, 325-26, 337 (1997). The AEDPA governs federal habeas corpus when the state court adjudicates the claims on the merits. 28 U.S.C. § 2254(d). The statute establishes two ways in which a federal court may issue a writ. First, a federal court may issue a writ if the state court s decision was contrary to, or involved an unreasonable application of clearly established federal law, as determined by the Supreme Court of the United States. 28 U.S.C. § 2254(d)(1). Second, a federal court may issue a writ if the state 9 court s decision resulted in an unreasonable determination of facts in light of the evidence. 28 U.S.C. § 2254(d)(2). Under section 2254(d)(1), the term clearly established federal law refers to the Supreme Court s holdings. Williams v. Taylor, 529 U.S. 362, 412 (2000). A state courts decision is contrary to the Supreme Court when either the decision contradicts the Supreme Court s holdings or it confronts a set of facts that are materially indistinguishable from a decision of the Supreme Court and nevertheless arrives at a result different from this precedent. Stewart v. Erwin, 503 F.3d 488, 493 (6th Cir. 2007) (quoting Mitchell v. Esparza, 540 U.S. 12, 15-16 (2003) (per curiam)). A state court s decision unreasonably applies Supreme Court holdings if the state court identifies the correct governing legal principle from the Supreme Court but unreasonably applies that principle to the facts of petitioner s case. Id. (quoting Wiggins v. Smith, 539 U.S. 510, 520 (2003)). Ground One: The trial court erred when it allowed social worker Becker to testify that her agency determined there had been substantiation of the claim that substantial sexual abuse was perpetrated by Sopko. Sopko argues that his constitutional rights were violated when the trial court allowed the testimony of a social worker regarding her agency s determination that there had been substantiation of the claim that substantial sexual abuse was perpetrated by David Sopko. Doc. 10 at 9. The government correctly argues, however, that this ground is procedurally defaulted because there was no contemporaneous objection. Doc. 7 at 8. Moreover, Sopko is unable to establish cause, prejudice, or error by trial counsel that denied him a fundamentally fair trial. Federal habeas courts do not rule on errors in the application of state law, especially rulings regarding the admission or exclusion of evidence. Bey v. Bagley, 500 F.3d 514, 519 (6th 10 Cir. 2007) (quoting Coleman v. Mitchell, 244 F.3d 533, 542 (6th Cir. 2001)). Under Ohio law, when defense counsel does not make a contemporaneous objection at trial, the claimed error is waived on appeal, absent plain error. Osborne v. Ohio, 495 U.S. 103, 124 (1990); see also State v. Elliott, No. 91999, 2009 WL 3647081, at *4 (Ohio App. 8th Dist. Nov. 5, 2009) ( Where the defendant fails to object to the alleged misconduct, he waives all but plain error. ). This contemporaneous objection rule constitutes an adequate and independent state ground barring federal review absent a showing of cause for the waiver and resulting prejudice. Hinkle v. Randle, 271 F.3d 239, 244 (6th Cir. 2001). Sopko argues that under Dietz v. Money, 391 F.3d 804 (6th Cir.), a state procedural rule must be firmly established before counsel s failure to comply with the rule leads to procedural default. Id. at 808. Sopko further argues that Ohio s contemporaneous objection rule is not firmly established, relying on State v. Jackson, No. 88074, 2007 WL 1501729 (8th Dist. Ct. App. May 24, 2007). In Jackson, defense counsel made only one objection during the course of the prosecutor s closing argument, and failed to immediately object to numerous other objectionable comments. Id. at *3. While such inaction violates Ohio s contemporaneous objection rule and would ordinarily waive defendant s appellate argument, the Jackson court held that since the trial judge denied counsel s initial objection, subsequent objections would have been futile and counsel s appellate argument was therefore not waived. Id. The holding in Deitz, however, has been abrogated, see Stone v. Moore, 644 F3d. 342, 348 (6th Cir. 2011) (abrogating Deitz), and Sopko s reliance on Jackson is therefore inapposite. In Stone v. Moore, the Sixth Circuit read two recent Supreme Court opinions as holding that state procedural rules may serve as an adequate ground for preventing review of a habeas petition even if the state procedural rule accords courts 11 broad discretion. Id. (emphasis added) (citing Beard v. Kindler, 130 S.Ct. 612 (2009); Walker v. Martin, 131 S.Ct. 1120 (2011)). Thus, while Ohio s Eighth Appellate District exercised its discretion in Jackson to not fully follow the contemporaneous objection rule, that rule remains intact for purposes of the procedural default analysis. Accordingly, when trial counsel failed to object to the admission of Becker s statement, the state appellate court correctly conducted plain error review, and Sopko s argument is procedurally defaulted. Williams v. Bagley, 380 F.3d 932, 968 (6th Cir. 2004); see also Osborne v. Ohio, 495 U.S. 103, 124 (1990) (plain error review is not a state waiver of a procedural review). Procedural default may be excused upon a showing of cause and prejudice. See Lucas v. O Dea, 179 F.3d 412, 419 (6th Cir. 1999); McCleskey v. Zant, 499 U.S. 467, 494 (1991). In this case, Sopko argues that his procedural default was caused by constitutionally ineffective assistance of counsel, and that the ineffective assistance led him to suffer actual prejudice. See Strickland v. Washington, 466 U.S. 668 (1984) (recognizing constitutionally ineffective assistance of counsel as establishing cause for excusing procedural default). To demonstrate constitutionally ineffective assistance of counsel, a petitioner must point to specific errors in counsel s performance. United States v. Cronic, 466 U.S. 648, 666 (1984). Thereafter, a reviewing court must subject the allegations to rigorous scrutiny, determining whether, in light of all circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance. Strickland, 466 U.S. at 690. A reviewing court must strongly presume that counsel s conduct was reasonable and might be part of a trial strategy. Id. at 689. Judicial scrutiny of a counsel s performance must be highly deferential and . . . every effort [must] be made to eliminate the distorting effects of hindsight, to reconstruct the 12 circumstances of counsel s challenged conduct, and to evaluate the conduct from counsel s perspective at the time. Bell, 535 U.S. at 698 (quoting Strickland, 466 U.S. at 689). Sopko cannot demonstrate cause via ineffective assistance of counsel. The state appellate court addressed whether Sopko had established cause and was denied effective assistance of counsel and concluded as follows: {¶ 70} Appellant alleges that his counsel was deficient when he failed to object to the social worker s opinion that the abuse was substantiated. In appellant s fifth assignment of error, we found that the testimony was admissible; therefore, trial counsel did not err when he failed to object. State v. Sopko, 2009 WL 97705, at *11 (Ohio App. 8th Dist. Jan. 15, 2009). Because the testimony of the social worker was determined to be admissible and, Sopko is unable to demonstrate ineffective assistance of counsel, and cannot, therefore, establish cause. See, e.g., U.S. v. Arena, 180 F.3d 380, 396 (2d Cir. 1999) ( failure to make a meritless argument does not amount to ineffective assistance ). Even if Sopko could establish cause, he cannot establish prejudice, which requires Sopko to show not merely that the error[] created a possibility of prejudice, but that they worked to his actual and substantial disadvantage, infecting the entire proceeding with error of constitutional dimensions. United States v. Frady, 456 U.S. 152, 170 (1982). In order to establish prejudice, a petitioner must show not merely that the error[] created a possibility of prejudice, but that they worked to his actual and substantial disadvantage, infecting the entire proceeding with error of constitutional dimensions. Id. at 170. Where there is strong evidence of a petitioner s guilt and the evidence supporting petitioner s claim is weak, the actual prejudice requirement is not satisfied. Id. at 172. Prejudice does not occur unless a petitioner demonstrates a reasonable probability that the outcome of the trial would have been different. 13 Mason v. Mitchell, 320 F.3d 604, 629 (6th Cir. 2003) (citing Strickler v. Greene, 527 U.S. 263, 289 (1999)). To ascertain whether counsel s performance prejudiced a criminal proceeding, a reviewing court does not speculate whether a different strategy might have been more successful, but a court must focus on the question of whether counsel s deficient performance renders the result of the trial unreliable or the proceeding fundamentally unfair. Lockhard v. Fretwell, 506 U.S. 364, 372 (1993). Here, Sopko cannot demonstrate prejudice because there was other substantial evidence upon which the jury could convict. The state appellate court noted: {¶ 43} The jury convicted appellant of two counts of rape. One count charged digital penetration, and the other count charged vaginal intercourse. Under R.C. 290.7.02(A)(1)(b), no person shall engage in sexual conduct with another who is not the spouse of the offender * * * when * * * the other person is less than thirteen years of age. {¶ 44} We find that, despite a lack of physical evidence, the state presented sufficient evidence of both counts of rape. T.S. testified that appellant put his finger inside her vagina, which hurt and made her sad. According to the social worker, T.S. told her that appellant touches me with his hands and fingers and they go in. This testimony was sufficient to prove digital penetration. The social worker also testified that T.S. told her that in the shower, appellant s penis touched her vagina and it hurt when he pushes it in too hard. This testimony was sufficient to establish vaginal intercourse. {¶ 45} In addition to T.S. s testimony, the aunt testified that T.S. s behavior began to change around the same time that the abuse began. For example, while in the shower, T.S. asked the aunt to wash her like appellant did. Also, T.S. began touching herself inappropriately. Finally, the social worker testified that, using anatomical drawings, T.S. was able to draw a penis. After examining the evidence admitted at trial, we find that such evidence, if believed, would convince the average mind of appellant s guilt on two counts of rape beyond a reasonable doubt. State v. Sopko, 2009 WL 97705, at *6-7 (Ohio App. 8th Dist. Jan. 15, 2009). Ground Two: The trial court allowed [social worker] Becker to testify to matters told to Becker by T.S., and about which the defense could not cross-examine T.S. 14 Sopko contends that because the child victim had no recollection of events, confrontation under the Sixth Amendment was not possible. Sopko also argues that even if there was meaningful confrontation, the testimony of the social worker violated state hearsay rules, rendering the trial unfair. Both arguments are without merit. The Confrontation Clause of the Sixth Amendment guarantees that [i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him. This guarantee applies to both federal and state prosecutions. See Pointer v. Texas, 380 U.S. 400, 406 (1965). The Confrontation Clause bars the admission of testimonial statements made by persons who have not appeared as witnesses at trial. Crawford v. Washington, 541 U.S. 36, 68-69 (2004); Bugh v. Mitchell, 329 F.3d 496, 501 (6th Cir. 2003). A child witness s nonresponsive answers during cross-examination do not violate a defendant s rights under the Confrontation Clause. See, e.g., Katt v. Lafler, 271 Fed.Appx. 479 (2008). In Katt, two children gave reticent and nonresponsive answers during crossexamination, but they were still subject to extensive cross-examination by defense counsel. Id. The jury could weigh each witness statement as they deemed appropriate. Thus, because the children were present and subjected to cross-examination, the Confrontation Clause was satisfied. Id. The facts of the instant matter are analogous to the facts of Katt. T.S. testified at trial, but gave nonresponsive answers on cross-examination. As both the R&R and state appellate court concluded, there was no Confrontation Clause violation because T.S. was available for crossexamination at trial. 15 Sopko also contends that the admission of hearsay rendered the trial unfair. Habeas courts have routinely rejected claims based upon the admission of hearsay. See, e.g., Reedus v. Stegall, 197 F.Supp.2d 767, 775-78 (E.D. Mich. 2001), aff d, 79 Fed.Appx. 93, 97 (6th Cir. 2003). Specifically, admission of hearsay does not violate the Confrontation Clause if the declarant testifies at trial. California v. Green, 399 U.S. 149, 161 (1970) ( [N]one of our decisions interpreting the Confrontation Clause requires excluding the out-of-court statements of a witness who is available and testifying at trial ). Ground Three: The trial court incorrectly found Sopko to be a sexually violent predator. There was insufficient evidence to sustain this finding. The R&R determined that this ground is procedurally defaulted because the sexually violent predator issue was not presented to the state appellate court. Doc. 11 at 19. In his objections, however, Sopko points toward evidence that the Eighth District Court of Appeals heard and decided the sexually violent predator issue. Doc. 14 at 4 (citing Doc. 7-2, Exh. 8 at 179); State v. Sopko, 2009 WL 97705, at ¶¶ 45-49. Even so, this Court still rejects Ground Three because Sopko failed to fairly present this claim to all levels of the state court. Before seeking a federal writ of habeas corpus, a state prisoner must exhaust all available state remedies, thereby giving the State the opportunity to pass upon and correct alleged violations of its prisoners federal rights. Baldwin v. Reese, 541 U.S. 27, 29 (2004) (citations omitted). To provide the State with the necessary opportunity, the prisoner must fairly present his claim in each appropriate court . . . , alerting that court to the federal nature of the claim. Id. A petitioner does not satisfy the exhaustion requirement by presenting the state courts only with the facts necessary to state a claim for relief. Gray v. Netherland, 518 U.S. 152, 162-163 (1996). 16 Further, the constitutional right that has allegedly been violated must be identified. Id. General appeals to broad constitutional principles, such as due process and the right to a fair trial, are not enough to establish exhaustion. Id. A litigant wishing to raise a federal issue can easily indicate the federal law basis for his claim in a state-court petition or brief, for example, by citing in conjunction with the claim the federal source of law on which he relies or a case deciding such a claim on federal grounds, or by simply labeling the claim federal. Baldwin v. Reese, 541 U.S. 27, 32 (2004); Daniels v. Lafler, 192 Fed.Appx. 408, 418 (6th Cir. 2006) (petitioner fairly presented issue by stating: The error was not merely evidentiary. It negatively impacted on defendant s constitutional right to a fair trial. ). Sopko does not meet this low standard. The brief Sopko cited in his objections was filed in the Eighth District Court of Appeals, and Sopko argued the sexually violent predator issue there as follows: Additionally, Appellant submits that the trial court incorrectly found Appellant to be a Sexually Violent Predator. O.R.C. 2971.01(H)(1) defines Sexually Violent Predator as a person who on or about or after January 1, 1997 commits a sexually violent offense and is likely to engage in the future one or more sexually violent offenses. However, there simply was no evidence to justify or indicate that Appellant was likely to engage in the future [in] one or more sexually violent offenses. Appellant had no prior sexual offense convictions and there is nothing to support the trial court s finding. Doc. 7-2. Sopko only cited the Ohio Revised Code, not the U.S. Constitution or federal law. Also, the claim is not labeled as federal. Further, the Supreme Court of Ohio denied leave to appeal because there was no substantial constitutional question. Doc. 7-3, Exh. 9-14 at 105. Ground Four: The trial court improperly admitted evidence that the defendant engaged in sexual activity with an inflatable doll, denying the defendant a fair trial in violation of the Fifth and Fourteenth Amendments. 17 Like Ground One, Ground Four is procedurally defaulted because Sopko did not comply with Ohio s contemporaneous objection rule. Sopko contends, once again, that the contemporaneous objection rule is not regularly followed by the Eighth District Court of Appeals, and the fact that plain error was employed by the State court should not result in procedural default. As thoroughly discussed above in Ground One, however, this argument is without merit. See Stone v. Moore, 644 F3d. 342, 348 (6th Cir. 2011). Next, Sopko again argues that failure to object amounts to constitutionally ineffective assistance of counsel, denying him a fundamentally fair trial. Doc. 14 at 6. The state appellate court, when conducting plain error review, concluded as follows: We note that the appellant failed to object to this testimony; therefore, any error is deemed to have been waived unless it constitutes plain error. *** While there was some testimony about the inflatable doll, the trial judge did not allow the doll to be admitted as an exhibit. Further, the doll was at least somewhat relevant because it was wearing a diaper, and T.S. testified that appellant made her wear a diaper while he took pictures of her, which showed that appellant associated diapers with sexual activity. Regardless of whether the testimony was relevant, we review under a plain error standard because appellant s lawyer failed to object. Under such review, we cannot say that, absent mention of the doll, the case would have been decided differently. Here, T.S. testified, with specificity, regarding appellant s conduct with her. Her testimony alone is sufficient to convict appellant, but coupled with the testimony of the aunt and the social worker, it is clear that the outcome of the trial would have been the same with or without mentioning the doll. Accordingly, appellant s fourth assignment of error is overruled. State v. Sopko, 2009 WL 97705, at *4-5 (Ohio Ct. App. 8th Dist. Jan. 15, 2009). The state appellate court concluded, under plain error, that the outcome of the trial would not have been different. The standard for prejudice under Strickland is virtually identical to the showing 18 required to establish that a defendant s substantial rights were affected under plain error analysis. Becht v. United States, 403 F.3d 541, 549 (8th Cir. 2005); U.S. v. Dominguez Benitez, 542 U.S. 74, 83 (2004). Because Sopko could not demonstrate plain error at the state appellate court, he cannot establish prejudice in this Court. Additionally, as discussed above in Ground One, there was other substantial evidence upon which the jury could convict, preventing Sopko from demonstrating prejudice, and Counsel s performance and failure to object does not undermine confidence in the outcome of the case. Ground Five: The prosecutor s comments in her closing argument denied the defendant a fair trial, and thus violate the Due Process Clause of the Fourteenth Amendment. Sopko does not object to the R&R s conclusion on Ground Five. Instead, Sopko explains that [n]o objection is posited to the R&R s conclusion that this is not a ground which independently entitles Mr. Sopko to relief. But see, Ground Six, infra, which still maintains that counsel s failure to object in this regard is part of counsel s overall ineffectiveness. Doc. 14 at 7. This failure to file a written objection to the Magistrate s R&R constitutes waiver of a de novo determination by the district court of the issue covered in the report, and the R&R is adopted on Ground Five. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984) affirmed, 474 U.S. 140 (1985). Ground Six: Trial counsel was ineffective in violation of the Sixth Amendment. Sopko contends that he was denied effective assistance under the Sixth Amendment when trial counsel failed: (1) to question the child during a competency hearing; (2) to object to the child s competency as a witness; (3) to object to improper closing arguments. Sopko also incorporates the errors made in trial counsel in Ground One, Ground Two, and Ground Four, which were addressed above and will not be discussed here. 19 Child s Competency as a Witness Because the child was found competent to testify, trial counsel was not ineffective in failing to question the child or object to the child s competency. In Ohio, the trial judge is vested with the duty to conduct a voir dire of the child to determine competency. State v. Wilson, 156 Ohio St. 525, 532 (1952). The purpose of such an examination is to allow the judge to observe first-hand the child s demeanor, her way of responding to questions, to determine the child s ability to convey facts with accuracy and truthfulness. Id. Considerations that a trial court must take into account include: (1) the child s ability to receive accurate impressions of fact or to observe acts about which he or she will testify, (2) the child s ability to recollect those impressions or observations, (3) the child s ability to communicate what was observed, (4) the child s understanding of truth and falsity and (5) the child s appreciation of his or her responsibility to be truthful. State v. Frazier, 61 Ohio St.3d 247, 251 (1991). The determination of whether a child is competent to testify generally rests within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion. Id. at 251; see also Blakemore v. Blakemore, 450 N.E.2d 1140, 1142 (Ohio 1983) ( The term abuse of discretion connotes more than error of law or judgment; it implies that the court s attitude is unreasonable, arbitrary or unconscionable. ) (citations omitted). Sopko contends that his trial counsel was ineffective by failing: (1) to question a child during a competency hearing and (2) to object to the child s competency as a witness. However, because the child was competent, the trial counsel s conduct can not be constitutionally ineffective. See, e.g., U.S. v. Arena, 180 F.3d 380, 396 (2d Cir. 1999) ( failure to make a 20 meritless argument does not amount to ineffective assistance ). The state appellate court addressed trial counsel s effectiveness at the competency hearing as follows: {¶ 45} A thorough review of the entire transcript shows that T.S. was competent; that she understood the importance of keeping a promise and telling the truth; that she understood she could be punished for lying; and that she had the ability to recall facts. T.S. s answers showed that she knew her name, birthday, city, brother s name, that she could count to ten, and that she understood the difference between right and wrong. Specifically, she testified that it was wrong to lie and good to tell the truth. She knew that she would get in trouble for lying. The transcript clearly shows that T.S. was properly found competent to testify; therefore, trial counsel did not err by failing to object. State v. Sopko, 2009 WL 97705, at * 9-11 (Ohio App. 8th Dist. Jan. 15, 2009). The court s finding was constitutionally sufficient; therefore, counsel s failure to object did not prejudice Sopko. Closing Arguments Next, Sopko argues that trial counsel s failure to object to improper comments made by the prosecution during closing arguments amounts to constitutionally ineffective assistance of counsel. Sopko acknowledges in his objections, though, that this is not enough by itself to establish ineffectiveness of counsel. Doc. 14 at 11 . Instead, he contends that when combined with other ineffective actions, an aggregate effect is established that prejudiced Sopko s constitutional right to effective counsel. However, only actual errors may combine to generate cumulative prejudice. Cockream v. Jones, No. 08-1992, 2010 U.S. LEXIS 13246, at **19 (6th Cir. 2010) (finding the prosecutor s comments alone insufficient to generate prejudice). Because each of Sopko s previous allegations of ineffective assistance of counsel have been found without merit, he cannot rely on a cumulative prejudice theory of relief. IV. Conclusion 21 For the reasons stated herein, the Magistrate s R&R is adopted in part, Doc. 11, and Sopko s Petition is denied. Doc. 1. The Court certifies that an appeal from this decision could not be taken in good faith, 28 U.S.C. § 1915(a)(3), and there is no basis on which to issue a certificate of appealability. 28 U.S.C. § 2253. IT IS SO ORDERED. s/ David A. Katz DAVID A. KATZ U. S. DISTRICT JUDGE 22
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text:
- Publisher: Konami
- Release Date: Mar 18, 2008
- Critic score
- Publication
- By date
Though Lost in Blue 3 will probably never be anyone's first pick for their ideal "desert island game," it manages to be more enjoyable than the sum of its repetitious parts.
Lost in Blue 3 is a fun game, especially if you fall into one of two categories: if you've never played a Lost in Blue game, or if you have played a Lost in Blue game and can't get enough of the same gameplay.
Electronic Gaming MonthlyRepeating the same mundane tasks every day so that I could do what I actually wanted to do--go exploring, which was great--really got to me. [May 2008, p.87]
The Lost in Blue series is still the most compelling and realistically punishing take on the excitement and hardships of survival on a desert island that videogames have to offer, even if it still has much room to improve.
If it were not for having to spend so much of your valuable time doing everything for the other three people you're saddled with Lost in Blue 3 could have been good. As it is Lost in Blue 3 is a very acquired taste and I'm not talking fancy recipes.
You have to look after several "lucky" survivors who seem incapable of taking care of themselves. This nagging flaw, combined with dreary island exploration and only a handful of acceptable mini-games, results in a loss of interest and fun.
Games Master UKHasn't changed much since 2 and still needs an overhaul of the partner AI. [June 2008, p.71]
Lost in Blue 3 recycles the series' gameplay mechanics, assets, and flaws.
If you played a previous Lost in Blue and just couldn't get enough, this will certainly satisfy your craving. If you weren't too into the last one, this entry is basically more of the same (and even a near-remake in most respects) with a few extra features thrown in, so you won't be finding some revolutionary new direction for the series.
Lost in Blue 3 is one of those games that starts off well, but eventually you realize that its mundane elements are never rectified and it becomes a grind.
Sadly, Lost in Blue 3 has lost it's charm or sense of adventure that made the first game so refreshingly appealing to Nintendo DS owners.
There are two parts to Lost in Blue 3: the parts that are the same and thus boring, and the parts that are different and thus overly tedious.
Lost in Blue 3 is a far from exciting game. It's not challenging in any way, the minimalistic level design is awful, the mission objectives are unclear, the constant retrieving of water is both boring and frustrating.. I always thought getting stranded on a deserted island was more fun.
n-Revolution Magazine UKDoes little to improve upon the franchise's inherent faults. This is one series that should not survive to see a fourth outing.
Nintendo GamerThis is a game that rewards patience and routine. [June 2008, p.63]
Nintendo PowerEverything is a struggle in Lost in Blue 3. [Apr 2008, p.90]
If you've never played Lost in Blue 3 or any game like it, you ought to give it a try.
The game is not very difficult, and as soon as players grasp the standard controls they should have no problem progressing through the game. Lost in Blue 3 does not deviate much from experience of the first two games. The game still provides a relatively fun experience, but nothing we haven't seen before.
Awards & Rankings
#79 Most Discussed DS Game of 2008
#84 Most Shared DS Game of 2008
User score distribution:
Positive: 1 out of 2
Mixed: 1 out of 2
Negative: 0 out of 2
MelMDec 15, 2008I hadn't played the other Lost in Blue games, but did enjoy this one enough to see it through. But after I had finished to the end withI hadn't played the other Lost in Blue games, but did enjoy this one enough to see it through. But after I had finished to the end with the first character I lost interest in trying to play with the other three to see their story lines. Maybe in a few more months I will pick it up again and try another character.… Full Review »
KaleV.Mar 29, 2008The game was okay, but I found the game style repeated from the first 2.

subset: commoncrawl


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Milwaukee Bucks vs. Sacramento Kings - 3/5/14
Sacramento Kings (21-39) at Milwaukee Bucks (12-47)
NBA Basketball: Wednesday, March 5, 2014 at 8:00 pm (Bradley Center)
The Line: Milwaukee Bucks -- Over/Under: See the Latest Odds
The Sacramento Kings invade the Bradley Center to take on the Milwaukee Bucks tonight.
The Kings were able to put a halt to a three-game skid on Monday by beating the slumping Pelicans by 96-89 thanks to 23 points from DeMarcus Cousins and 22 points from Isaiah Thomas. Defensively, the Kings couldn't do much to stop Tyreke Evans who fell two assists shy of a triple-double, but they were able to keep a lid on Anthony Davis who scored just 13 points on four of 14 shooting which really kept the Pelicans at bay, especially with the lack of scoring options they have left. Sacramento now embark on a seven-game road trip which begins at Milwaukee tonight.
Ed Szczepanski-USA TODAY Sports
Meanwhile, the Bucks have lost four of their last six games but were able to avoid a third straight loss by beating the Jazz by 114-88 on Monday. Led by a season-high 31 points from Ersan Ilyasova, the Bucks shot a sizzling 57 percent from the field and had all their starters on the bench after dominating the third quarter by 40-19. With the win, Milwaukee improved to 12-47 on the season and 7-24 at home.
In ATS trends, the Kings are 3-8 ATS in their last 11 games overall and 1-4 ATS in their last five against the Eastern Conference, while the Bucks are 4-1 ATS in their last five games overall and 4-13 ATS in their last 17 games following a win.
Head to head, the Kings are 4-1 ATS in the last five meetings in Milwaukee and the underdog is 9-3 ATS in the last 12 overall.
Believe me, I won't be watching this game but I do think the Kings will grab the win on the road in this one.


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A brief note about Samsun and phone updates.
While Samsung does seemingly have a good track record when it comes to updates abroad their current history of providing updates in the US is somewhat lackluster. The Captivate was released in July and just received its update to Froyo in late February. As of February 5th 57.6% of Android devices were on Froyo according to Google and as of that date only one of the Galaxy S phones released on a major US carrier updated to Froyo was the Vibrant. To date the Captivate has now received the update, missing some key features like BlueTooth voice dialing (desperately needed in states requiring hands free operation) for example. The update for the Epic was pulled after it was shown to introduce lag for some users when accessing multimedia. The Fascinate, only Samsung and Verizon know when that will get its update. To date there are still likely bugs that others find critical in the update provided, like this one ( http://code.google.com/p/android/issues/detail?id=15033&colspec=ID%20Type%20Status%20Owner%20Summary%20Stars ) unfortunately this bug only manifests on Samsung phones apparently as a Tilt2 and Atrix have been tested and both received the message in a manner that didn't throw the phone into a boot loop. Since these updates are critical and could also provide us protection from malware and exploits many of us feel they should be readied and released much more quickly.


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Terms & Conditions
- Membership is open to all scholars of UCSI University.
- Membership is not transferable and there will be no refund of fees.
- The validity of membership is ONE(1) year / THREE(3) semester basis upon the date of registration (whichever occurs sooner).
- Members are entitled to privileges (see Privileges & Entitlement below).
- A penalty of RM 15 will be charged for the re-isssuement of membership card in any case of stolen, damage and lost.
Privileges & Entitlement
- Special rates for ALL U-Schos events and activities (ranging from 10-20%)
- Volunteering opportunities with partner organisations
- Exclusive event invitations (site visit to companies, exclusive meet-up & networking with industry leaders, etc.)
- Access to internship opportunities with partner organisations
- 5 ECA / 10 ELE points
- Discount on U-Schos merchandises
(and more!)
Renewal policy
- Membership can be renewed through online application, or during club's day, at event booth(when applicable).
- RM15/year
- RM 30 for THREE(3) years (with a complimentary U-Schos merchandise t-shirt*)
Apply now!
- Online application form: https://goo.gl/forms/sVALuXPLdzIZBqT02
- Payment method:
- Cash payment (at booth)
- Cash deposit / online bank transfer
©2016 UCSI Scholars' Circle. All rights reserved.


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Hotel conveniently located off I-10 at exit 465/Segovia. Hotel features a deer feeder for guests to watch the deer, BBQ and patio area. 24/7 restaurant within walking distance. All rooms feature: coffee maker, hair dryer, iron/board,table and chairs, clock radio and cable TV with movie channels.FREE ContinentalBreakfast every morning. FREE wireless Internet access in the main lobby. This is a pet friendly hotel. When using a GPS device or web map to locate the hotel, please use hotel's coordinates where possible: Latitude: 30.415538, Longitude:-99.670329.Please contact the hotel for additional directions prior to traveling. Pet accommodation: 10.00 usd per night. Max 2 pets per room.
If you are the owner of a Pet Sitting or a Dog Walking business in Junction, Texas and wish to add your business listing free of charge to this city please submit your info here.


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Anna Karenina Epub Edition You can download from the link below. http://theproductguide.net/books/Anna-Karenina/
First published in 1878, Leo Tolstoy's Anna Karenina is the tragic story of aristocrat Anna Karenina and her illfated affair with the cavalry officer Count Vronsky. Although passionately in love, the couple find their romance doomed by the sexual mores of their time and place, and the double standards that apply to men and women. The tale's panoramic sweep and Tolstoy's colorful depcition of Russia and the European continent are virtually unparallelled in world literature. This novel, in the estimation of William Faulkner, is "the best ever written." Anna Karenina is one of Barnes & Noble's leatherbound classics. Each volume features authoritative texts by the world's greatest authors in an exquisitely designed bonded leather binding, with distinctive gilt edging and an attractive ribbon bookmark. Decorative, durable, and collectible, these books offers hours of pleasure to readers young and old and are an indispensible cornerstone for any home library.
About The Author Leo Tolstoy
One of the great masters of the 19th-century novel, Tolstoy created a sweeping epic in War and Peace which folds
together huge events in history and politics with the emotional lives of individuals. But it was his deeply spiritual outlook that made him an icon.
Biography Count Leo Tolstoy was born in 1828 on the family estate of Yasnaya Polyana, in the Tula province, where he spent most of his early years, together with his several brothers. In 1844 he entered the University of Kazan to read Oriental Languages and later Law, but left before completing a degree. He spent the following years in a round of drinking, gambling and womanizing, until weary of his idle existence he joined an artillery regiment in the Caucasus in 1851.
He took part in the Crimean war and after the defence of Sevastopol wrote The Sevastopol Sketches (1855-6), which established his literary reputation. After leaving the army in 1856 Tolstoy spent some time mixing with the literati in St Petersburg before traveling abroad and then settling at Yasnaya Polyana, where he involved himself in the running of peasant schools and the emancipation of the serfs. His marriage to Sofya Andreyevna Behrs in 1862 marked the beginning of a period of contentment centred around family life; they had thirteen children. Tolstoy managed his vast estates, continued his educational projects, cared for his peasants and wrote both his great novels, War and Peace (1869) and Anna Karenina (1877). During the 1870s he underwent a spiritual crisis, the moral and religious ideas that had always dogged him coming to the fore. A Confession (1879-82) marked an outward change in his life and works; he became an extreme rationalist and moralist, and in a series of pamphlets written after 1880 he rejected church and state, indicted the demands of flesh, and denounced private property. His teachings earned him numerous followers in Russia and abroad, and also led finally to his excommunication by the Russian Holy Synod in 1901. In 1910 at the age of eighty-two he fled from home "leaving this worldly life in order to live out my last days in peace and solitude;" he died some days later at the station master's house at Astapovo. Author biography courtesy of Penguin Books LTD.
Reviews Pevear and Volokhonsky, winners of the 1991 PEN/Book-of-the-Month Club Translation Prize for their version of Fyodor Dostoyevsky's The Brothers Karamazov, have produced the first new translation of Leo Tolstoy's classic Anna Karenina in 40 years. The result should make the book accessible to a new generation of readers. In an informative introduction, Pevear gives the reader a history of the work Tolstoy called his first true novel and which took him some four years to write. Pevear explains how Tolstoy took real events, incorporated them into his novel, and went through several versions before this tale of the married Anna and her love for Count Vronsky emerged in its final form in 1876. It was during the writing of the book that Tolstoy went through a religious crisis in his life, which is reflected in this novel. The translation is easily readable and succeeds in bringing Tolstoy's masterpiece to life once again.
Tolstoy's Anna Karenina is all that and then some, but let's talk translations. This is the same 1901 rendering by Constance Garnett used in most of the e-editions out there. Though familiar (especially for its opening sentence), it is widely criticized for its deficiencies and considered a poor choice among better alternatives. The 1918 Maude translation is far better. It is the one most read in college literature classes. The Norton Critical Edition uses the Maude translation, with some revisions by George Gibian. That edition has not been published for e-readers, but a good NOOK edition of the Maude translation is attached to this review (or search "Anna Karenina Maude"). The 2000 translation by Richard Pevear and Larissa Volokhonsky is the one associated with Oprah's Book Club. Oprah selected the novel itself more than a particular translation, but a print edition of the Pevear and Volokhonsky translation was featured on her website, so people think of that one as Oprah's pick. The NOOK edition is attached to this review (or search "Anna Karenina Pevear"). It is a matter of taste which translation is preferable, the Maude or the Peavear and Volokhonsky. The influence of the translator is second only to the author in shaping the text. The quality of the translation is crucial.
The lack of editing in this eBook is a disgrace!!!!! I cannot believe B&N had the audacity to charge for this disaster Never-ending spelling mistakes and typos - it becomes impossible to read with so many errors.
I don't recall ever reading an ebook with more blatant errors. Although most of the misspelled/partial words can be deciphered, it greatly detracts from the readability. It is obvious that no effort went into the making of this book other than a likely OCR scan from what may have been a poor quality original text. A simple running of a spell checker could have probably caught at least 95% of the errors, but that would still amount to thousands of corrections.
You can download from the link below http://theproductguide.net/books/Anna-Karenina/


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Separate names with a comma.
Discussion in 'Landscape Architecture and Design' started by ant, Oct 17, 2002.
lawn that i areavated and seeded to night..45 lbs of team mates +
finished 2.25 hrs.----
Grass came in nice and dark in 2nd pic. Nice house bad lawn.
I just dont understand why people that live in a nice home in a nice neighborhood dont give a crap what there yard looks like I like having a nice lawn to accomodate the nice house (at least the nice lawn will make the house look nicer). It increases the value of a home for one thing.
this lawn was under drought restrictions ...no watering at all except 2 days following an application plus she does not have a sprinkler system.(she is working on that.)
Maybe I'm all wet, but that yard looks like it had more than a dought problem....its not even on a slope that would dry it out more.....that one might need a total re-do huh
If there are drought restrictions, then how is the lawn next to it so green? Unless they dyed it
most if not all around her have sprinkler systems .she don't even own a hose!
she had a massave problem with chinch bugs and also failed to have it traeted.they tell me that they were so bad that you could see them from standing looking down on the lawn.
It must be established and really green 5 years later hehehe.......thats crazy? who doesn't one a hose besides people that have their whole property irrigated by a system?
what kinda tractor you got there?


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Why Sponsors Choose Medpace
We asked our Sponsors why they chose Medpace as their clinical development partner. Here is what they said:
- Our therapeutically-aligned scientific expertise provides deep insights and leadership throughout the project
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Grubby: Upcoming changes in HotS?
Well-known player and streamer Grubby visited gamescom and played a new version of Heroes of the Storm. Afterwards, he wrote about all the changes he had spotted and could recall. Note, that the changes were presented in the trade show, so there's no guarantee, they'd be ever introduced in the game.
List of changes:
- You can now see the team total's XP breakdown if you hover over it. E.g.: 8.2% from buildings and 6% from TD's and 14.5% from lane minions soak
- When a Hero dies, his death timer immediately shows up in the death queue. So no more waiting for Uther's spirit to disappear before knowing his return time.
- Shields are now white. It is much clear now than before what's the shield.
- Gathering power 0% at start, 1% per Takedown and 50% retention at death. This is an overall nerf and makes GP a situational pick even on heroes like Kaelthas or Nova. Max is still 15% bonus.
- Bolt of the storm cool down 70s(up from 40s)
- Mercenary lord is now at level 4 for all heroes (I think) that had it at level 7. It has merged with Superiority, giving both talents former advantages.
- Sweeping Grasp level 1 talent is gone and is now default part of her "E".
- Mana-return E lvl 1 talent with 10 mana per target hit, max of 60.
- No more seasoned marksman I think.
- Massive trait talent changes and buffs. 20s on longer shield talent instead of 12s. Has a level 7 which gives 100% bonus HP and Mana regen whenever shields are active.
- Her own form of sprint. 25% bonus move speed for 4s, CD 75s. Worse, right? BUT it activates each time you get a Takedown. She's FUN to play damn.
- Her own form of Blood 4 Blood: essence for essence. 10% max life dmg, 20% max hp added to her assimilated shields. Worse, I think? But benefits if you are using it when full life or using it for the extra regen from lvl 7 talent.
- Gravity lapse base range and speed has been increased to what Nether Wind (4) was.
- Nether wind was not removed, it adds even more range and speed now.
- The gravity lapse cool down level 1 talent got buffed by -3s CDR from -1s CDR. So E's CD is 13s and was reducible at max to 10s, now to 4s.
- Flamestrikes base damage and living bomb base damage are slightly higher I THINK.
- Mana flamestrikes talent at level 4 now gives 5% max mana back per kill up from 20 mana per kill. That makes it better post level 16 but worse pre I think? Quick maths, could be wrong.
- Fission Bomb (7) is now 30% dmg bonus and 30% radius explosion increase (chard from just 75% dmg).
- Pyro last radius increased a bit.
- Pyromaniac (13) gives -2s CDR per tick up from -1s CDR (it's insane!).
- Chainbomb and flamethrower still exist
- Backdraft (16) now offers 50% slow for 2.5s (!!!) on living bomb targets
- Flamestrikes talent (16) now gives a 50% dmg flamestrike same location automatically at 1st later
- The lord of hells demon warriors are going to be less bad. Most of the bad talents got collected like a 2-in-1. Don't remember exactly how but you'll have for example less PvE dmg combined with more duration.
- Bound minion(4) was removed. However at level 20 he got a 2nd trait charge (another general) and reduced its cool down by... Like 10s? This reduces his level4 and initial global strength and remote catapult buffs which imo is a good thing. But it brings back up his push power at level 20.
- E does 25% bonus damage on structures now. I think it used to be 50%?
- He can go full E build at level 1,4,7,13. Mana reduction and +25%(bringing it back up to its original 50%) structure damage at the level 1 talent. Level 4 brings that 15% life leech that he already had. Level 7 brings a 4th Power level (HA ME GA ME HAAAAA) and 3rd is good old March of sin still.
- Mana reduction talent for Q at 13, seems not to compete.
- Stacking build still possible and mostly unchanged.
- Water elementals SUMMONING no longer chills or does damage. No further changes that I can recall or noticed. Good change imo, WE was OpieOP.
- Level 7: three choices. Gidbinn = +33% timer on SPIDERS and ZOMBIES. Second choice: 4s zombie wall reduction talent. Third choice: all 5 of the plague toads upon impact give -1s CDR on toads and return 5 mana.
- Level 13: zombie 5 uproot walking dead guys now also have the +50% dmg embedded in it that was previously at level 7.
- Thing of the deep (13): all basic abilities range goes up by 25%
- Loses sprint at 13
- Gets hardened focus at 16
- 16 didn't change for the rest
- Ravenous spirit felt stronger (maybe bigger radius again?)
- Sancti is now channeling 0.5s I think, but tyrael is free to go once it completes, and it leaves the invul zone in that location
- He gains merc lord embedded with superiority (read general changes, wrote this about Arthas cos it may seem unexpected lol).
Eloveana 8 August 2015, 19:58 2740 0


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I Want to Visit Russia
Personal Stories, Advice, and Support 178 People
One of the Many Places...I do quite a lot of research on Germany and to a lesser extent, Russia. I would like to visit the place I read so much about. Also, a few of my friends live in Russia.
kleisse 22-25, F 0 Feb 2, 2009
My special interest goesfor Finno-Ugric regions and old territories of Finland. I have ancestor from Ingermanland of Leningrad district and my forefather was born Kemi on the White sea.
MipetKari 51-55, M 0 Jan 11, 2015
Night Moscow Is Very Beautiful !!!Hi friends! if you realy want to visit Moscow, I can advise you to see next site:www.sites.google.com/site/mosnightlight
DmitryD 26-30 0 Aug 26, 2011
Visit RussiaVisit Russia,I'd love to,See Moscow,St Petersburg,All the buildings,History,These things,Fascinate me.
startinover1 46-50 2 Responses 0 May 5, 2012
Who Want to Visit RussiaHi everybody. I am from Moscow. This message is for people who wants to visit Russia. My name is Alexey. Throughout 3 years i accompany tourists and expats from every corner of the globe. Full providing in Moscow can be guaranteed. You may rest assured that all your questions...
everfirst 22-25, M 1 Sep 14, 2009
SiberiaI think i want to go to the Taiga, and just get lost! See: I don't fit in with society etc!! Difficult to take ur dog though, quarantine must be at least 8 weeks.
TheLuckyHobo 31-35, M 0 Jan 19, 2009
I Want To See RussiaI love the country and would love nothing more than to walk the streets and see Catherine Palace and Peteroff Palace and the Hermitage... I want to see the greatness of the land and history... and see the white knights ... Helsinki, Turkey and Instanbul with a nice man or...
czaristacrystals 36-40, F 0 Jun 24, 2011
Russiawan't my first choice but look cool i know little Russian i got intersted in russia when i was listening to T.a.Tu and i was listening to the englih songs then they switched to Russian and i kind of liked it and copy some of the words then taught my self some ^^ so maybe i will...
123unhappyrefrian 18-21, F 1 Response 0 Jul 5, 2012
Someday I Will.To see teh other side of hte world, to meet those we were told to hate, to see the land of my forefathers (once part of the USSR) and to learn and so.
This Is Sorta QuickPersonally i want to see some ancient & Sites of various incidents namely where the Tunguska Blast happened
XNGespenst 26-30, M 0 Oct 19, 2011
Just CuriosityI want to go see the contrast. I think I might go there on a project, as a volunteer, and experience all I've read and heard about this mysterious place. After school. A year and a half to go.
JojaRodenaLente 18-21, F 0 Mar 1, 2009
Russia, Land of Mysteries!I have read so many books from Russian authors that I feel like I spent most of my life in there. I know I will visit Russia someday, I just hope it's before I die!
LordVoldemort 36-40, F 1 Response 0 Feb 7, 2009
Can Anyone Clue Me In?I recently saw a commercial that showed this bridge in Moscow where two friends can close a lock and then throw the key into the river below. Does anyone know the name of this bridge and the name of the river? Even so, I still would love to see Russia. That's why ...
rustyguy 18-21, M 4 Responses 0 Jan 18, 2009
I want see Petropavlovsk-Kamchatskiand whole Siberia. Sure... Moscow too.
Oskiek 16-17, M 1 Jan 13, 2015
I Will Tell You The Whole Truth About Russia.Russia is very big and wonderful country. I've been in other countries, but such love for his homeland only in Russia. I live in the city of Chelyabinsk. Come to Russia in Chelyabinsk. I'll be glad to see you and show you all the advantages of this city. UIN 493008551 my number...
pohare 18-21, M 0 May 17, 2010


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Think of the robed man. Think of him as he was stripped of his clothing. Think of him carrying a wooden cross around town, with a barbed crown on his head, being incessantly mocked by the people he thought he can change.
Think of the trial beforehand. Think of the fact that he was his own attorney. Think of how the jury would rather set a killer free than keep a good man who preaches good in the streets. Think of the fact that no one from the towns he visited were let in the court to his defense, which is something no court today will ever allow.
Think of him as he was left hanging on that cross. That's got to fucking hurt. Think of how surprisingly chill he was to two actual crooks. Think of how he tried to alleviate his mother's grief, even if the pain of burying your own child is worse and more unbearable than childbirth itself.
Think of that dinner. It was supposed to be an ordinary night, like usual. The robed man and his crew will talk about plans for the next week, itinerary, how to get funding, when and where to hold their sermons, and review that day's progress. And yet the robed man knows he's fucked. His own crew member, his treasurer, ratted him out. After his prayer, he gets arrested, with none of his crew there to bail him out. His own subordinate—the guy who got the Keys to The Kingdom—disowned him.
Think of what the entire ordeal must have been like to his significant other. She knows the robed man is good and has done no crime, and yet here he is, arrested for blasphemy, despite saying nothing slanderous or libelous. She saw him die anyway even if she did everything she could to save him, even if the robed man himself wanted to die.
Think of how, through all this, the robed man did not mind. He screamed from the pain, cried from the grief, but he took the whole process in stride. He knew his treasurer was a double-crosser. He knew the trial was rigged. He knew he was gonna lose his life. He knew that all his crew and his 72 recruits were gonna be found, tried, and executed for following what the ruling dynasty sees as a man that the world today would call, with derision, a "mindfulness expert".
And yet he took every single wound and bruise with a calm acceptance that is veiled in the mortal screams. He still managed to allay the worries of the few who believed in him. He recognized the compassion of the man who helped him out in carrying the plank on which he will be nailed. He gave a proverbial free ski pass to a thief, while in total clinical shock, hanging maybe 15 feet in the air. He recognized the fact that many of the soldiers and torturers were merely following orders, and deserve forgiveness. He knows that he has accomplished all that is needed to do, even if he's just 33 and can do even more had he lived for 33 more.
So before you celebrate Easter, think of the robed man's death.


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1. Who or what inspired you to start making edm
Before dubstep, I was making drum and bass under the name DJ Dose. That was under the influence of my Mom. She was a DJ and a producer and she always loved that music at the time. Whenever I would be in bands and things, she would always mix drum and bass and no one ever liked it. Eventually I liked it and then spent six to seven years trying to make it. Then 2009 I made my first dubstep tracks when dubstep was kind of deep and not as energetic at the time, that was because a friend trying to get me into it because he really liked it. I didn't really like dubstep at the time so its bit of a weird thing to me, I just made it for the radio show that he had. I made him a few tracks and they went off.
2. Why the Mask?
It was an accident. The first ever FuntCase show that I ever played was in front of 6 people, 4 of them my own friends. One of them noticed I had a mask in my backpack, I did some dressup thing the day before and he dared me to put it on while I played and I told him no way. Eventually he managed to talk me into it; I played the show and it was really fun and it just stuck.
3. What is your favorite thing about playing in the states?
See, the difference between the states and the UK is that the UK is strictly about the music. They turn up for a show and just put their heads down and dance. They do not glorify the DJ's; they show up strictly for the music. The thing I like most about the American's is that they glorify everything and it's almost like its New Year's every single day. It's much more fun. Although coming from the UK, that dark, dingy, underground vibe is amazing as well, it really depends what kind of mood you are in.
4. What is your favorite thing to eat in the states?
Ihop, I don't need to say anything else. Ihop, #Ihopgang
5. What is your favorite Tea?
PG Tips. There is a few English equivalents of tea, as you may imagine, but after much tasting PG tips is the winner.
6. What is your favorite Synth?
Massive is my most used, just on the basis that I know it inside and out, so I can do what I want to aim for quickly.
7. Are you as lively in real life as you are on Snapchat?
Kind of! The weird thing is, everyone assumes that me as a person is exactly what FuntCase is; that crazy, energetic dude and I'm not. FuntCase is like an entertainment thing. You know, like when you see comedians on the stage and you think this guy must be hilarious to hang out with. Then you see him in the airport and he is like super angry looking and you don't want to go nowhere near him. The same with FuntCase, it's just an entertainment thing. With Snapchat, that's my humor, but I don't really air it as much as a person, I use Snapchat as sort of a catalyst to do it.
8. Getting to the show, are you getting excited for Jingle?
Hugely, hugely excited! I have not seen a lot of the artists on the bill in a while and I haven't seen Must Die! in a long time; since we were on tour in 2008 and I got really close to him. Haven't seen Jphelpz in a while and I love that dude, we did a collaboration together and everything's cool and I haven't seen Downlink for the longest time and I love that dude. I just know the show is going to be amazing.
9. Your EDC Orlando mix has been getting a lot of attention, should we expect the same energy December 5th?
More. The difference between a club and a festival is very different. You can be at a festival with 100,000 people doing nothing or be in a club with 100 people going crazy, and then the club is more fun. EDC Orlando was so sick. Although I'm a performer, I kind of bounce off the energy of the crowd. The crowd at EDC Orlando were sick and I know that Jingle the Bass is going to be awesome!
10. Final question, what is your favorite place you have been to in the world?
It's always hard, but it always ends up being the same answer: LA. There is something about LA that I love. I know so many people so when I go there it's always sick. There is always someone to chill with and always work to do with someone in the studio, so on a personal level LA is my favorite place to be.


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Every day is Halloween for me. I have no idea what to do.
Hahahaha ... it is a weekday, right? so, it is another work day, then go home to cook dinner and prepre for the next day ...
ah....plan to know how to become a witch and disappear
will u rescue me ? XD i will look terribly terrified :D
If anyone is in Sanlitun or Wudaokou keep your eyes open for a ridiculously drunk cat
maybe will make a nice dinner then walking by the lake...


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Offer2017-05-07 11:42:15
If you're interested in camping or caravanning, we've had an offer from a local company to buy equipment at a discount. OLPRO (Outdoor Leisure Products, in case you're wondering) is a family run business founded in 2011 and based in Little Witley. It offers quality camping and caravanning gear, designed for the Great British outdoors. If you enter malvernw at the check-out at www.olproshop.com you'll receive a 10% discount. Everything is free delivery.


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November 18th, 2016Read Now
Phentermine Supplements And Also Fat Loss
Phentermine supplements are created to launch neurotransmitters inside the human brain referred to as catecholamines. The effect? A decreased creation regarding neuropeptide Ful, which often minimizes hunger, boosts vitality and also diminishes excess fat safe-keeping. The prize? A smaller amount craving for food plus more fat loss.
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Write something about yourself. No need to be fancy, just an overview.


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Change is always hard to accept and that being said. Your question is very vague leaves open possibilities to an endless whelm of situations and answers that may or may not be what you are looking for. So if you could be more specific in your question it would help people to be able to answer your questions.
You can help the HubPages community highlight top quality content by ranking this answer up or down.
If I am understanding your question right then for me personally the upgrade to hubpages have benefited me greatly because my traffic for views is going up rapidly because of these changes because I have written 2 hubs of excellent content and that is what these changes are to do in increasing excellent and very high quality content. Both of my hubs: my 0 hubs on hubpages have been on page 1 and first on the list on page 1 on Google since September 2010 A.D. 2. My 1 hub published on hubpages on April 16, 2011 A.D. is on page 1 and first on the list on page 1 on Google since April 17, 2011 A.D. So the bottom line is to write excellent hub and the rest will automatically take care of itself with me being an prime example what Google is looking for with changes for hubpages. Google have been super for me from the start with my 2 hubs because they are written with excellent quality content. My hubs should set the standard for excellent quality content no matter what your topic is about. Plain and simple but hard to do but I have done it with my 2 hubs and I am batting at 1000 percent average for excellent quality content hubs and is something everyone should shoot for when writing hubs on hubpages and I have done that to the glory of GOD. Thank you Google and keep on keeping on.
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The European Society of Regional Anaesthesia and Pain Therapy was founded in 1980 to further regional anaesthesia in Europe. The first congress was held in Edinburgh in 1982 and since that year the society has gone from strength to strength, with a current membership of over 3,500 throughout Europe and beyond.
The society is still growing, and has now established a strong track record with 35 Annual Congresses. The scientific standard at the annual ESRA congress is now recognised as one of the best in Europe. Apart from the annual ESRA Congress, the society holds several accredited cadaver workshops and courses each year and offers grants schemes as well as online educational content through the ESRA Academy.
Finally, the European Diploma in Regional Anaesthesia & Acute Pain Management (EDRA) was created in 2005 with the goal of establishing standards in regional anaesthesia in Europe. The Diploma is intended to widen the activity spectrum of those specialists in anaesthesia, who are already in clinical practice and are interested in acquiring additional knowledge in the entire field of regional anaesthesia.
To learn more about ESRA and its history, click here
Discover the history of ESRA through this unique infographic – we want to pay tribute to those who've contributed to bringing our Society so far since 1982.


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By Stacey Bergman, MA, MSW, LCSW
|The Nature of Seizures
|Natalie's Case
As I sit across from Elizabeth during our last meeting, I realize that she is not the woman I first met. I first met Elizabeth five years ago when her daughter Natalie came to the hospital with new onset seizures. She and her husband Miguel were understandably terrified and unaware of the long road that lay ahead of them. We sat together in that uncertainty.
When a child is diagnosed with a new illness or condition, parents grapple with their own emotions while trying to attend to the immediate needs of their child. Suddenly, the hope and excitement they held for their child's future is diminished. Instead, they may be filled with overwhelming fear and concern. They have questions about the present situation as well as what the future may hold. Each family member experiences the diagnosis in their own way and feels their own personal loss as a result.
The Nature of Seizures
According to The Epilepsy Foundation, seizures are the third most common neurological disorder in the United States following Alzheimer's disease and stroke. The Epilepsy Foundation reports that approximately 300,000 children under the age of fourteen have been diagnosed with epilepsy (EF, 2007). Seizures occur when there is an abnormal discharge of electrical activity in the brain. The type of seizure determines how it will present itself (generalized versus partial). A seizure's type, location, and duration are some of the factors that determine its impact (Browne & Holmes, 2004). Medication is typically the first treatment used. However, when seizures do not respond to treatment with medication, interventions such as surgery are often explored.
Living with a seizure disorder affects the child as well as the family. Siblings, spouses, and extended family members often feel rejected or ignored during medical visits and hospitalizations. Parents may become over-protective for fear that their child will have a seizure in their absence. As a result, children with seizures may feel isolated and frustrated by the lack of normalcy in their lives. Many studies indicate that a parent's perception of their child's condition has a dramatic impact on the child's perception. Thus, parents not only have the opportunity to enhance how their child experiences epilepsy but also how the child shares it with the world (Shudy, Lihinie De Almeida, Ly, Landon, Groft, Jenkins, & Nicholson, 2006).
Natalie's Case
Unfortunately, Natalie's seizures became more and more difficult to control. Despite multiple medications, her seizures persisted. When she was three years old, Natalie underwent epilepsy surgery. To everyone's dismay, Natalie's seizures returned after only a brief reprieve. Weeks, months, and years continued to pass. Her older sister Emily felt things would never be the way they used to be. The girls' parents struggled to meet financial demands while seeking every treatment available. As a result of enduring daily seizures Natalie missed many opportunities to interact with her peers.
The stressors of a seizure disorder or other chronic condition are often too much to bear. Couples may divorce, patients and siblings experience depression, and families withdraw from available support systems. But there is hope and there is help. Elizabeth and Miguel were determined to keep their family intact throughout the years of hardship they encountered. Although difficult at times, they learned how to let people help them along the way and teach them new tools to navigate the often winding road they were on. The family learned how to talk openly about the impact of this devastating condition. They learned how to be angry, not with each other, but with the change in the life they had known before. They learned how to grieve for what they had lost and for the pain they felt. Most importantly, they learned to hope for the good days and to strive for moments when they could enjoy one another.
Every day, families are struggling to take care of a child with seizures while also struggling to keep their family unit intact. A seizure disorder can not be "solved" with medication alone. It impacts patients and their families on a physical, social, emotional, and financial level. Optimal treatment requires care delivered by a multidisciplinary team. Natalie and her family were treated by a Comprehensive Epilepsy Center. The focus of their care was not only on medical intervention but on the family unit as a whole. Important elements included medical and surgical care, nursing care, neuropsychological assessment, and psychosocial team support for the parents, patient, and siblings.
At age seven, Natalie told her parents and her treatment team that it was time to have another surgery. After undergoing a second epilepsy surgery, Natalie is currently seizure free. The family routine still includes trips to the physical therapist and frequent doctors' appointments. However, life has returned to a kind of "normal". Both girls are cheerleading, enjoying school, and looking forward to school dances. Their parents enjoy date night and look forward to planning the next family vacation. Of course, there are moments of sadness and anxiety for everyone. But when that happens, Natalie says "Come on guys, you gotta be brave".
At the end of our time together , I look across the table at Elizabeth and I know we are ready to part ways. The woman I met five years ago felt hopeless and lost. Sitting across from me today, she is full of hope and direction for the future. The journey is far from over but she now walks it with a different beat: she is an advocate, a warrior, and a hero.


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|Help and Advice
|Transit of Mercury 2016
|Giving long exposures on a digital camera
|Photographing star trails
|Predicting the ISS and other satellites
|Using a mirror to view a partial eclipse
|Simple Guide to Viewing the Space Station
|Choosing a Telescope
|Tips when projecting the Sun
|Starting to Use Your Telescope
|Imaging with a DSLR through the telescope
|Buying a telescope for a child
|Photographing a partial eclipse
|Figure 1: Northern Taurid fireball recorded by the video camera of William Stewart from Ravensmoor on 2012 Nov 08.
Visual meteor observing has traditionally been seen as a low cost and easy way to get involved in astronomy, particularly when visual observation are involved. Imaging could become expensive, both in the initial outlay for camera(s) and in terms of wasted film exposures that contained no meteor images. Photographic film is also only likely to record the brightest meteors.
Over the past decade, there have been big advances in imaging technology.DSLR cameras have eliminated the expense of wasted film and their improved sensitivity means that they are able to record fainter (and hence a greater number of) meteors.
The results of video observing can be particularly impressive. A "still" image of a fireball can look good, but is easily surpassed by a video showing a fireball moving across the sky and exploding. There is also no need retrospectively review a recording that lasts the whole duration of the observing session as software now exists that can automatically recognise the genuine meteors and exclude aircraft and satellites.
|Figure 2: The same Northern Taurid fireball recorded by Alex Pratt from Leeds
Some observers will be satisfied to merely record videos of meteors. However, by collaborating with other observers it is possible to analyse images of the same meteor obtained from different locations. Using triangulation, it is then possible to determine the meteor's atmospheric speed and trajectory and from this to work out the original solar system orbit of the meteoroid.
In addition to improving the understanding of major meteor showers, such work is also proving invaluable when it comes to the identification of minor meteor showers.
Visual observers have reported the existence of hundreds of minor showers over the decades, but video imaging, and the precision analysis that it enables, allows observers to determine which are genuine and which were spurious.
One should bear in mind that meteor showers are dynamic with activity waxing and waning as the orbit of the meteoroid stream changes due to the effects of gravity and radiation pressure. Hence there is considerable value in continuing to monitor meteor showers year after year.
|Figure 3: The ground path of the Taurid fireball, determined via triangulation.
For example, nowadays the Geminids are probably the most reliable and spectacular meteor shower. However, they were not active 200 years ago.
Similarly, how will the current showers evolve in the coming decades? What new showers will become visible?
One network of collaborating video observers is the NEMETODE network (http://www.nemetode.org ) which operates in the UK and Ireland.
William Stewart, is part of this group, and has provided most of the information contained in the following guide to the equipment required to carry out the video observation of meteors.
|Figure 4: The original solar system orbit of the meteoroid that gave rise to the fireball.
Its a lot simpler than it used to be ... and one type of video camera is in widespread use.
Video observations obviously require a video camera and for a number of years models have been available that can capture excellent live views of the night sky without the need for image intensifier technology (thus reducing cost and complexity). Live video (as opposed to a camera that integrates an image over a period of a few seconds or minutes) facilitates not only a precise measure of the meteor velocity but also an accurate time for when the event occurred, key requirements when determining the original orbit of the meteoroid.
For many years the camera of choice has been the Watec 902H and enhancements to the model have ensured this continues to be the case. It is sensitive, robust, is readily available with 1/2" and 1/3" format sensors and provides 25 frames per second at a resolution of 752 x 582. As of 2013, new units retail for around £300 while second hand units can be purchased online for under £125.
A compromise between sky coverage and number of meteors captured
'Trial and Error' is not a good approach because you don't get to see many meteor showers each year. Here is how to get it right first time ...
It is not possible to know in advance where a meteor will occur and so the natural instinct is to use a wide angle lens to maximise the chance of a capture. However, this will only detect bright meteors, whereas a lens with a longer focal length, while having a smaller field of view (FOV), will detect fainter meteors - and for every bright meteor there are many fainter ones. Typically lenses with a focal length in the range 3.8mm to 12mm are employed, yielding a respective field of view (FOV) of 80° to 20°. A longer focal length lens is better suited to a suburban location that suffers from light pollution and has, due to local obstructions, limited options for where the camera can be pointed. Bear in mind that lenses are designed for cameras with a particular sensor size and so using, for example, a lens for a 1/3" sensor on a 1/2" sensor camera will result in vignetting and significant distortion/degradation of the image at the edge of the FOV.
Another consideration is the focal ratio or "speed" of the lens: f/1.2 or better will give good results. The sensitivity of camera sensors has now increased to such an extent that manufacturers no longer have demand for ultra fast lenses. Lenses of f/1.2, 1.4 and 1.6 are readily available and fast lenses are still produced by manufacturers such as Computar (TG3Z2910FCS-IR), Tokina (TVR0398DCIR) and Fujinon (YV2.8×2.8LA-SA2) - expect to pay around £50.
|Figure 5: The change in the Limiting Magnitude when changing Focal Ratio for a given focal length lens.
Figure 5 shows how the limiting magnitude changes with focal ratio for a given focal length. As can be seen, a lens of a particular focal length operating at f/1.0 will detect meteors a full magnitude fainter than one of the same focal length operating at f/1.6. A faster lens can make the difference between detecting 20 meteors per night and detecting 50 - 60. Whatever is chosen, to allow accurate astrometry to be performed on the meteors captured, the camera and lens combination must be capable of detecting stars down to magnitude +3. Due to the transient nature of meteors and the detection / triggering capabilities of the software, the faintest detected meteors are typically 1-2 magnitudes brighter than the stellar limiting magnitude.
|Figure 6: Three of the video cameras operated by William Stewart.


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Willie & the Stringband
- Artist: Live Bait
- Format: CD
- Release Date: 4/17/2007
|your cart is empty
Live Bait's latest! A finely woven mix of old, new, and original tunes designed to make you laugh, cry, tap your feet, or just kick back and listen. Hopefully, you will not attempt to do all of these things simultaneously unless no one is watching.


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Jazzy and Piata are the most precious bonded14 year old registered miniature donkey and 11 yr oldNo Price Listed
is trail riding (which she loves), she goes out alone or with a group! She's quiet and loving. Gets alongNo Price Listed
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Read Air Canada enRoute
When it comes to Italian cuisine, classics never go out of style. This quiet neighbourhood resto (where reservations are hard to come by) serves traditional pasta dishes with a distinctly north-Italian inflection. Co-owner Adam Pegg was among the first Canadians to complete the Italian eco-gastronomy program offered in Jesi, Italy.