text:
Headlines archive
Wisconsin Supreme Court accepts eight new cases
Madison, Wisconsin - October 16, 2012
The Wisconsin Supreme Court has voted to accept eight new cases. The Court also acted to deny review in a number of cases. The case numbers, issues, and counties of origin are listed below. The Court of Appeals' opinion for the newly accepted cases are hyperlinked.
2011AP203 Xcel Energy Services v. LIRC
This insurance case examines the interpretation of "adverse party" under Wis. Stat. § 102.23(1) and whether a Court of Appeals' decision affirmed by the Supreme Court on grounds other than those relied on by the Court of Appeals remains precedent that must be followed by the Court of Appeals.
Some background: John Smoczyk was injured on the job while working for Xcel Energy Services in January 2007 and applied for worker's compensation benefits. He was awarded temporary disability, but the administrative law judge deferred a decision regarding permanent total disability and loss of earning capacity until Smoczyk received additional diagnostic tests. Smoczyk did not appeal from this decision.
Smoczyk renewed his claim for permanent total disability on Aug. 11, 2009. The administrative law judge assigned to Smoczyk's renewed claim concluded Smoczyk had sustained a permanent partial disability of 60 percent and awarded monetary damages. On appeal, the Labor and Industry Review Commission (LIRC or the Commission) deemed Smoczyk permanently and totally disabled.
Xcel filed an action for circuit court review of the Commission's decision, naming the Commission and Smoczyk as respondents. Xcel's worker's compensation insurer, Ace American Insurance Co., (Ace) was not named as a party in the circuit court action, though it had been joined throughout the administrative proceedings.
The Commission moved to dismiss on competency grounds. It maintained that the circuit court lacked competency to hear the action because Xcel had failed to include Ace as a party.
Competency refers to a court's ability to exercise the subject matter jurisdiction vested in it by the state constitution. See Village of Trempealeau v. Mikrut, 2004 WI 79, ¶¶8-9, 273 Wis. 2d 76, 681 N.W.2d 190. "[A] failure to comply with a statutory mandate pertaining to the exercise of subject matter jurisdiction may result in a loss of the circuit court's competency to adjudicate the particular case before the court." Id., ¶9. A judgment rendered by a court lacking competency is invalid. Id., ¶14.
In a final order dated Dec. 14, 2010, the circuit court denied the Commission's motion to dismiss, but confirmed the Commission's order on the merits.
Xcel appealed the circuit court's final order. The Court of Appeals did not reach the merits of Xcel's arguments. It concluded that Xcel's failure to name Ace had constituted a failure to comply with the requirement in Wis. Stat. § 02.23(1)(a) to join "adverse part[ies]," which had deprived the circuit court of competency to adjudicate Xcel's complaint. The Court of Appeals said that it was bound under Cook v. Cook, 208 Wis. 2d 166, 189-90, 560 N.W.2d 246 (1997), to apply a broad legal interpretation of the term "adverse party" set forth in a prior Court of Appeals opinion, even though the supreme court used a much narrower analysis when it affirmed the earlier Court of Appeals' decision. The Court of Appeals therefore reversed the circuit court's order and remanded the case to the circuit court with directions to dismiss Xcel's complaint.
Xcel's petition lists four issues to be reviewed, two of which address the procedural aspects of the case:
- Whether the circuit court lacked competency due to counsel for Xcel and Ace failing to name Ace a party to the case?
- Did the Court of Appeals properly grant itself authority to review the circuit court's denial of LIRC's motion to dismiss when LIRC did not file a notice of appeal or cross-appeal?
Two other issues raised in the petition relate more to the merits of Xcel's arguments against LIRC's award of benefits to Smoczyk and the interplay of decisions by the administrative law judges involved in the case. From Chippewa County.
2011AP414 Horak v. Building Services Ind. Sales Co.
This case presents a fairly unique evidentiary question involving the application of the "ancient documents rule," an exception to the hearsay rule under Wis. Stat. § 908.03(16). The exception applies to statements in a document in existence 20 years or more whose authenticity is established.
Some background: Building Services Industrial Sales Company (BSIS) is an insulation supply company. Cindy Horak is the adult daughter of the late George Benzinger. Mr. Benzinger was an insulator who died of lung cancer. Horak alleges that BSIS supplied asbestos products to Benzinger's former employer while Benzinger worked there from 1950 through 1982, and that exposure to the asbestos caused Benzinger to develop lung cancer and resulted in his death. Horak filed suit, asserting claims of negligence and strict tort liability, against BSIS.
In December 2006, BSIS filed a summary judgment motion contending that Horak was unable to prove that her father was exposed to asbestos products supplied to Benzinger's employer by BSIS. In opposition to BSIS's motion, Horak submitted 51 pages of invoices purportedly representing that BSIS sold asbestos products to Benzinger's employer while Benzinger worked there. Horak had obtained the invoices as part of 38,000 pages of documents produced by BSIS's previous attorney in 2006, in response to Horak's discovery request.
BSIS argued that the invoices were insufficient to create a genuine issue of material fact regarding the cause of Benzinger's death. The circuit court agreed and granted summary judgment. Horak appealed. The Court of Appeals reversed and remanded the case back to the circuit court, holding that the invoices created a reasonable basis for a jury to find that the asbestos products supplied by BSIS were a cause of Benzinger's death. Horak v. Building Service Industrial Supply, Inc., 2008 WI App 56, 309 Wis. 2d 188, 750 N.W.2d 512.
BSIS argues that even if the court properly deemed the records subject to the ancient documents exception, the Court of Appeals should have reversed and remanded the case for further fact finding on these issues – the court should not have summarily concluded that they are admissible at trial.
BSIS contends that by finding the documents admissible pursuant to the Ancient Documents Rule without concern for the underlying record, the appellate court overreached its authority. BSIS says the Court of Appeals disregarded the facts in the record, misapplied the law, and imposed on counsel a new law of unprecedented scope.
BSIS asserts the documents must be "in a condition that creates no suspicion concerning authenticity" and "in a place where, if authentic, they would likely be." See Wis. Stat. § 909.015(8). From Milwaukee County.
2011AP788 Beidel v. Sideline Software
This case arises from a dispute between the two shareholders of Sideline Software, Inc. (Sideline), a tightly held fantasy football software company. The Supreme Court will examine the doctrine of "constructive termination" (or "constructive discharge") in the context of a stock-repurchase agreement (agreement).
Some background: Christopher T. Beidel and Michael C. Hall incorporated Sideline in 1998. Hall was the bare-majority stockholder with 2,505 shares of Sideline stock; Beidel had 2,495 shares. In 2004, Hall and Beidel entered into the agreement, which provided that if a shareholder was fired without cause, the terminated shareholder could "put" his shares to the corporation, which would require Sideline to buy that shareholder's stock at an agreed price.
The price was periodically revised as agreed upon at times under the agreement, and the final price the two shareholders agreed upon was $1,600 per share in March 6, 2007 – a price that would remain in effect until March 6, 2009.
In the fall of 2008, a third party apparently made inquiries about buying Sideline. Beidel and Hall were not in agreement on pursuing a possible sale and could not agree on the future direction of the company.
Hall spoke with Beidel on the telephone and indicated that he planned on firing Beidel in March 2009 after the $1,600 stipulated per share purchase price had expired. At a subsequent in-person meeting, Hall again indicated that he intended to terminate Beidel's employment after the expiration of the stipulated per share price and asked Beidel to explain in writing what he had been doing for the company so his duties could transitioned to others.
On Jan. 20, 2009, Beidel sent a letter to Hall that purported to exercise Beidel's "put" option for Sideline to purchase his shares at the stipulated $1,600 per share price. Beidel's letter stated that it did not constitute a voluntary termination of his employment. He asserted that Hall had already effectively terminated his employment by informing Beidel that he would be terminated and by transitioning Beidel's dueties to other Sideline employees.
Beidel filed a complaint against Sideline, Hall and Kevin Austin, another officer of Sideline. Consistent with the language of the agreement, Beidel's complaint sought specific performance by Sideline of its obligation to purchase the shares that Beidel had "put" to the corporation in his letter.
Sideline filed a motion for summary judgment. The circuit court granted summary judgment to Sideline on any claim for "constructive discharge," concluding that Beidel's claim rested on a theory of constructive termination, which deems an employee to have been fired even when the employer does not affirmatively terminate the employee's employment. The circuit court noted, however, that a claim for constructive termination does not lie unless the employee has resigned as a result of what the employer has done. See Strozinsky v. School Dist. of Brown Deer, 2000 WI 97, ¶83, 237 Wis. 2d 19, 614 N.W.2d 443. Because Beidel had never resigned, the circuit court concluded that he could not pursue a claim that was based on the doctrine of constructive termination.
The Court of Appeals reversed and remanded to the circuit court for a weighing of the equities regarding the issue of specific performance. The Court of Appeals agreed with the circuit court that Beidel could not rest his claim on a theory of constructive termination because he had never resigned. It nonetheless determined that, given Beidel's request for specific performance of the agreement and the rule that all contracts have an implied duty of good faith and fair dealing, the circuit court should have weighed the equities regarding whether Beidel's employment had been terminated before the expiration of the stipulated purchase price such that he could require the company to buy his shares at that price.
Sideline asks the Supreme Court to review if Beidel had been terminated within the meaning of the agreement prior to the expiration of the stipulated per share purchase price, if Beidel was required to prove a constructive termination under the essential elements set out in Strozinsky in order to put his shares to Sideline for the stipulated price.
Additionally, Sideline asks the Supreme Court to review: if the implied covenant of good faith and fair dealing require a court to "assess competing equities" between the parties in making a determination whether an unambiguous provision of a contract has been breached; and when a breach of contract lawsuit has been pled as an equitable action for specific performance, if a trial court has greater latitude in reaching a conclusion that the contract has been breached by the defendant than if the lawsuit has been pled as one for money damages? Justice David T. Prosser did not participate. From Milwaukee County.
2011AP557 Veto v. American Family Mut. Ins. Co.s
This insurance case examines whether specific language about uninsured motorist coverage contained in a personal liability umbrella policy issued by American Family Mutual Insurance serves as a reducing clause from the underlying family car policy.
Some background: While acting within the scope of his employment, Dane County deputy Dale P. Veto was seriously injured when he was struck by the uninsured driver of a stolen car.
At the time of the accident, Dale and Becky S. Veto were covered under two policies of insurance issued by American Family: a family car policy that included uninsured motorist coverage with policy limits of $100,000 each person and $300,000 each accident, and a personal liability umbrella policy with a policy limit of $1,000,000 for each occurrence.
Because the accident occurred during the course of his employment, Dale received $344,870 under Dane County's workers' compensation insurance plan. However, the Vetos' total injuries exceeded $1,000,000, and they made demand upon American Family to pay them the policy limit under the umbrella policy. American Family made a payment to the Vetos of $655,129.10, which represented the $1,000,000 policy limit less the $344,870.90 workers' compensation payment Dale received.
American Family based its payment upon the following language, in part, in the endorsement to the umbrella policy: "…However, Uninsured and Underinsured Motorists Coverage under this policy will be no broader than the underlying insurance."
The Vetos asked the trial court to declare that American Family could not reduce the $1,000,000 umbrella policy and asked for an order directing American Family to pay the Vetos the remaining benefits due under the umbrella policy. The trial court refused to grant the Vetos' requested declaratory judgment and dismissed their action. The court determined that, although the endorsement in the umbrella policy addressing uninsured motorists did not contain a reducing clause, language in the endorsement unambiguously incorporated the reducing clause in the Vetos' underlying automobile insurance policy.
The Vetos appealed and the Court of Appeals reversed. The Court of Appeals concluded that the "no broader than" language in the umbrella policy was ambiguous and held that the reducing clause from the automobile policy did not apply to the umbrella coverage.
Literally incorporating the underlying policy and lower limit of coverage contained in the language of the automobile policy would negate the value of having $1,000,000 of additional coverage in the umbrella policy – an absurd result, according to the Court of Appeals.
American Family asks the Supreme Court whether language in the umbrella policy, to the effect that "uninsured . . . motorists coverage under this policy will be no broader than the underlying insurance," unambiguously incorporates an uninsured motorist reducing clause from the underlying Family Car policy. From Dane County.
2010AP3158 Park Bank v. Westburg
This case examines the legal doctrines of direct/derivative claims and claim preclusion and the distinction between a debtor corporation and the persons who guarantee the repayment of a corporation's debts.
Some background: In 2004, Roger E. and Sandra L. Westburg selected a failed woodworking business in Walworth that they could purchase and use as the location for a new business. They formed two limited liability entities: Zaddo, Inc. (Zaddo), a corporation, to be the operating company; and Zaddo Holdings, LLC (Zaddo Holdings), a limited liability company, to own the real estate on which the business would be located. The Westburgs were the sole shareholders and sole operating officers of Zaddo. They were also the sole members of Zaddo Holdings.
In connection with the startup and funding of the business, the Westburgs ultimately signed two documents, each entitled "Continuing Guaranty (Unlimited)." In one document the Westburgs guaranteed payment of debts owed by Zaddo to Park Bank (the Bank), and in the other they guaranteed payment of debts owed by Zaddo Holdings.
The Bank provided interim financing for the purchase of the woodworking equipment and real estate, and worked with the Westburgs in applying for a loan through the Small Business Administration (SBA). According to the Westburgs, shortly after Zaddo and Zaddo Holdings had executed notes in favor of the SBA for its loans, the Bank informed the Westburgs that they personally needed to invest more than $200,000 in additional capital.
The Bank apparently extended an additional loan to Zaddo and took as security a mortgage lien on the Westburgs' home. After the home was sold, the Bank required the Westburgs to place some funds into an account at the Bank. According to the Westburgs, those funds were later transferred to a securities account at the Bank, which the Westburgs used for their living expenses. They assert that the Bank released any security interest in the personal funds in that account.
At a meeting in March 2006 the Bank gave a letter to Zaddo and the Westburgs, which the Bank describes as a notice of default. The Westburgs assert that the Bank never stated that either entity was in default.
At another meeting in May 2006, the Westburgs signed some previously agreed-upon documents that subordinated their personal loans to Zaddo and Zaddo Holdings to the loans provided by the Bank. The Westburgs claim that the Bank representatives also produced an incomplete draft of a letter, dated for six days later and containing blanks. The Westburgs claim that out of fear that the Bank would take some action that would place their more than $1 million personal investment at risk, they signed the document, which the Bank has characterized as a forbearance agreement.
The Westburgs contend the Bank put a hold on the securities account and that they were pressured to initiate a Ch. 128 receivership proceeding in Walworth County circuit court on behalf of Zaddo to regain access. The filing resulted in the liquidation of all of Zaddo's assets and the payment of nearly all of the proceeds to the Bank.
The Bank filed a separate foreclosure proceeding against Zaddo Holdings in the Walworth County circuit court. The Bank's complaint did not name the Westburgs as defendants individually. Zaddo Holdings did not contest the lawsuit, and a default judgment of foreclosure in favor of the Bank was entered. The real estate owned by Zaddo Holdings was sold at a sheriff's sale, which was ultimately confirmed by the circuit court.
In January 2007 the Bank filed suit in Milwaukee County Circuit Court against the Westburgs personally on the guarantees of the loans to both Zaddo and Zaddo Holdings. The Bank's complaint sought slightly more than $680,000 for outstanding amounts owed by Zaddo and nearly $700,000 for outstanding amounts allegedly owed by Zaddo Holdings. Venue in the case was transferred to the Walworth County Circuit Court.
The Westburgs raised a substantial number of affirmative defenses and counterclaims against the Bank, including breach of fiduciary duty, breach of contract, and breach of the implied duty of good faith and fair dealing. They also included requests for a declaratory judgment, for punitive damages, and for injunctive relief against the Bank.
The circuit court ultimately granted judgment in favor of the Bank. On appeal, the Court of Appeals viewed the matter as a contract dispute and stated that there were two issues to be decided on review: (1) whether the Westburgs lacked standing to assert their claims and affirmative defenses because they belong to the corporate entities and are therefore derivative, and (2) whether the Westburgs' claims and affirmative defenses are barred by claim preclusion (i.e., should have been raised in the receivership and foreclosure actions).
The Westburgs ask the Supreme Court to review in greater detail the law, legal distinctions and financial relationships among limited liability entites, their shareholders or members, lenders and personal guarantors under the circumstances presented here. From Walworth County.
2011AP450-CR State v. Burton
This case examines whether a defendant is entitled to withdraw a guilty plea if there is no evidence in the record that he was advised, either by trial counsel or by the circuit court, of his right to have a jury trial on the issue of mental disease or defect.
Some background: It is undisputed that in June of 2009 Julius C. Burton shot two police officers who were trying to stop him after they saw him commit an ordinance violation. Although the defendant claimed the officers had drawn their guns, security footage from a nearby building showed that the officers had not taken their weapons out of the holsters. One officer was shot in the shoulder, knee and face. The other officer sustained serious injuries, including the loss of an eye and a portion of his brain.
Burton was charged with two counts of attempted first-degree intentional homicide by use of a dangerous weapon.
It is also undisputed the defendant has a history of mental health issues. At his initial appearance, the circuit court ordered a competency evaluation. Burton did not object after one physician found him competent to proceed to trial, and he initially pled not guilty by reason of mental disease or defect (NGI). Subsequently, another physician appointed by the court found insufficient evidence to support a not guilty by mental disease or defect, and another physician retained by defense counsel concluded there was sufficient evidence to support such a plea.
In January of 2010, the state offered to recommend 50 years of initial confinement and to stand silent on extended supervision if Burton would plead guilty to both counts. Burton agreed. He completed a plea questionnaire and waiver of rights form. The circuit court engaged him in a colloquy, discussed the fact that he would no longer be pursuing an NGI plea, accepted the pleas, and found him guilty. At sentencing, the circuit court imposed consecutive terms of 40 years of initial confinement and 10 years of extended supervision.
In January of 2011, the defendant filed a post-conviction motion seeking to withdraw his pleas. He alleged ineffective assistance of trial counsel and a circuit court failure during the plea colloquy. Both arguments were premised on the fact that neither trial counsel nor the circuit court advised the defendant at the plea hearing that he had the right to a bifurcated jury trial and that he could choose to plead guilty to the two offenses and still have a jury decide whether or not he was responsible by reason of mental disease or defect. Burton argued his pleas were not entered knowingly, voluntarily and intelligently.
The circuit court denied the post-conviction motion without a hearing. The defendant appealed, and the Court of Appeals affirmed. The Court of Appeals noted a hearing on a post-conviction motion is required only when the movant states sufficient material facts that, if true, would entitle him to relief.
The Court of Appeals noted that an NGI plea is authorized by § 971.06(1)(d), and that § 971.165 generally provides for the bifurcation of guilt and mental responsibility phases.
The Court of Appeals said although the motion alleged that the record failed to show whether trial counsel advised the defendant about a bifurcated plea, the motion did not allege that counsel actually failed to so inform him.
The court also noted a defendant who alleges counsel was ineffective in failing to take certain steps must show with specificity what the actions, if taken, would have revealed and how they would have altered the outcome of the proceeding. State v. Byrge, 225 Wis. 2d 702, 724, 594 N.W.2d 388 (Ct. App. 1999).
The Court of Appeals said the circuit court also had no obligation to personally address the defendant with respect to the withdrawal of his NGI plea. Having concluded the circuit court was not obligated to advise the defendant of the availability of bifurcation, the Court of Appeals said the post-conviction court properly denied relief.
While the Court of Appeals said courts must engage in personal colloquies to protect defendants against violations of fundamental constitutional rights, neither the federal constitution nor the Wisconsin constitution confers a right to an insanity defense or plea. See State v. Francis, 2005 WI App 161, ¶1, 285 Wis. 2d 451, 701 N.W.2d 632.
The defendant argues that by failing to advise him of his right to a jury trial in regard to his NGI defense, even if he pled guilty to the crimes, the circuit court failed to obtain a knowing, intelligent and voluntary waiver of his right to a jury trial on that issue.
The defendant says the state of Wisconsin has conferred on criminal defendants the right to have a jury trial on the issue of whether they were not criminally responsible by reason of mental disease or defect, even if they pled guilty to the crimes charged against them.
A decision by the Supreme Court could clarify whether a circuit court is required to advise a defendant that he is entitled to plead guilty to the crimes and still have a jury trial to determine whether he should be held criminally responsible for those crimes by reason of mental disease or defect. From Milwaukee County.
2011AP2166 Rosecky v. Schissel
This certification asks the Wisconsin Supreme Court to decide whether an agreement for a traditional surrogacy and adoption of a child is enforceable.
Some background: David and Marcia Rosecky and Monica and Cory Schissel were longtime friends. Marcia Rosecky's leukemia treatment prevented her from bearing a child. Monica and Cory Schissel have five children of their own. In 2004 and again in 2008, Monica Schissel offered to carry a child for the Roseckys to raise. The Roseckys decided to take Monica up on the offer.
The parties entered into an agreement for a traditional surrogacy whereby an embryo would be conceived via artificial insemination using Monica Schissel's own egg and David Rosecky's sperm. (A gestational surrogacy involves implanting the surrogate with an embryo created by in vitro fertilization.)
The parties agreed, first verbally and then in writing through a written parentage agreement that Monica Schissel would carry a child for the Roseckys, who would raise the child to adulthood.
The agreement specified that after the child was born the Roseckys would have physical placement and custody and that the Schissels would not have rights to custody or placement. The agreement also provided that Monica would cooperate with any proceedings for the termination of her parental rights and adoption of the child by the Roseckys.
Before the child was born, Monica informed the Roseckys that she was unwilling to terminate her parental rights. Following the birth of the child, David Rosecky filed a motion in circuit court seeking specific performance of the parentage agreement. On Feb. 8, 2011, the circuit court denied the motion for specific performance and found that the parentage agreement was null and void because it did not meet the requirements for voluntary termination of parental rights under ch. 48, Stats. The parties stipulated to an interim placement order that allowed Monica three hours of visitation with the child every other week.
A trial was held to determine the child's best interests relative to custody and physical placement under § 767.41, Stats. In a decision and order dated Aug. 25, 2011, the circuit court awarded sole custody and primary placement of the child to David Rosecky. The court awarded secondary placement to Monica Schissel, under terms that allow her six hours of placement every other weekend until the child reaches two years of age (which occurred in March 2012), after which point Monica is entitled to overnight placement every other weekend.
David Rosecky appealed, arguing that the parentage agreement should be enforced. He asserts the parentage agreement can be enforced without requiring Monica Schissel to terminate her parental rights. He also points to the severability clause in the agreement which allows the court to enforce other valid provisions of the contract and carry out the parties' intent, in the event some provisions are deemed invalid.
David also argues that the doctrine of equitable estoppel requires enforcement of the contract – that Monica made both verbal and written promises that she would serve as the Roseckys' surrogate. David argues Monica knew the Roseckys would rely on her promises and with that knowledge she became inseminated with David's sperm, became pregnant, and accepted certain payments from the Roseckys.
Monica argues that the parentage agreement cannot be enforced because it contains illegal payment provisions; its attempt to contract away parental rights is invalid; it cannot be binding on the parties without prior court approval; it impermissibly substitutes the parties' agreement for the best interest of the child; and the termination of parental rights provision is contrary to Wisconsin law. Monica points out that 31 states, including Wisconsin, have no laws either allowing or prohibiting surrogacy agreements.
In its certification memo, District IV says whether a surrogacy agreement should be enforced is a question that is likely to recur and involves policy determinations of statewide importance that are most appropriately decided by the Supreme Court. From Columbia County.
2011AP685-CR State v. Travis
This criminal case examines whether a court's mistaken belief that a conviction required a minimum sentence of five years of confinement qualifies as a structural error requiring either resentencing or automatic reversal of the entire conviction, or as a non-structural error that can be disregarded if proven harmless.
Some background: The state alleged that Lamont L. Travis, while drunk, moved his hand down the abdomen toward the pubic area of a girl under the age of 12 years, but he was prevented from touching her pubic area because she slapped his hand away.
The complaint charged that Travis had committed attempted first-degree sexual assault of a child, in violation of Wis. Stat. § 948.02(1)(d), which prohibits an adult from having "sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence." The factual allegations of the complaint did not mention the threat or use of force or violence.
Travis pled guilty. Although there also was no reference to force or violence during the plea hearing, the court's written judgment listed the same offense of conviction cited in the criminal complaint.
The court referenced the five-year mandatory minimum under Stat. § 948.02(1)(d) multiple times at the sentencing hearing, but did not explicitly mention the mandatory minimum when it announced the sentence of eight years of initial confinement and 10 years of extended supervision.
Travis filed a post-conviction motion, alleging that the circuit court had violated his due process rights by relying on inaccurate information (the mandatory five-year prison sentence) at sentencing and requested that he be granted a new sentencing hearing.
The circuit court agreed with Travis that the error in believing that Travis was subject to a minimum five-year prison sentence had "ultimately really pervaded the entire file in this case." It nonetheless denied Travis's motion because it found the error to have been harmless since it had relied "primarily" on Travis's prior criminal record. Although both parties and the court now agreed that Travis should not have been convicted under Wis. Stat. § 948.02(1)(d) because no force or violence was involved, the judgment of conviction was not amended.
The Court of Appeals remanded the case to the circuit court for resentencing only and ordered the circuit court to amend the judgment of conviction to show that Travis had actually pled guilty and been convicted under Wis. Stat. § 948.02(1)(e), which criminalizes "sexual contact with a person who has not attained the age of 13 years." Unlike subsection (1)(d), subsection (1)(e) does not require a five-year mandatory minimum sentence.
The Court of Appeals said in order for a complaint to be constitutionally valid, it "must contain the 'essential facts' constituting the offense charged." State v. Williams, 47 Wis. 2d 242, 253, 177 N.W.2d 611 (1970). Since the complaint had not alleged any fact supporting the threat or use of violence or force, the complaint's allegation that Travis had violated subsection (1)(d) was constitutionally invalid.
In appealing to the Supreme Court, the state contends that the Court of Appeals' published decision has "radically expanded" the structural error doctrine and conflicts with the Supreme Court's decision in State v. Tiepelman, 2006 WI 66, 291 Wis. 2d 179, 717 N.W.2d 1. Tiepelman indicated that if a defendant proves that a sentencing judge relied on inaccurate information, harmless error review applies to the error.
Travis claims that the Court of Appeals' decision was narrowly tied to the unusual facts of this case, where all the parties and the court relied on an erroneous view of the applicable statute from the filing of the complaint through sentencing. He emphasizes that this was not a case where a trial court relies on an inaccurate piece of information only at the sentencing hearing. Justice David T. Prosser did not participate. From Kenosha County.
Review denied: The Supreme Court denied review in the following cases. As the state's law-developing court, the Supreme Court exercises its discretion to select for review only those cases that fit certain statutory criteria (see Wis. Stat. § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court:
2010AP2710-CR State v. Colon
2011AP1309 State v. Russo
2011AP979 Town of Ledgeview v. Knaus
2011AP1995-CR State v. Smith
2009AP1325 Obriecht v. Thurmer
2011AP452-CR State v. Sosinsky
2011AP648-CR State v. Sveum
2011AP1221 State v. Sveum
2011AP1572 Appling v. Doyle - Chief Justice Shirley S. Abrahamson and Justice Ann Walsh Bradley dissent.
2011AP2352 Engerman v. Boushele
2012AP545 State v. Adeyanju
2012AP584-AC League of Women Voters v. Walker
2012AP1054-W Sveum v. Pugh
2012AP1529-W Franklin v. Wis. COA
2012AP1652 Milw. Branch of NAACP v. Walker
2010AP2158 Leitzke v. Thurmer
2010AP2691-CRNM State v. Weyker
2011AP1342-CR State v. Whitwell
Eau Claire
2011AP974-CR State v. Crouse
Fond du Lac
2011AP507-CR State v. Klingelhoets
2011AP849 Schmitz v. Biersdorf & Assoc.
2011AP2152 State v. Dodge
2012AP59-CR State v. Gentry
2010AP3136 State v. Sergent
2010AP2148-50/2011AP117 Joyce v. Pepsico
2010AP1432 Est. of Grochowski v. Romey - Chief Justice Shirley S. Abrahamson dissents.
La Crosse
2010AP3120 La Crosse Tribune v. Cir. Ct. La Crosse Co. - Chief Justice Shirley S. Abrahamson and Justice Ann Walsh Bradley dissent.
2011AP1575 Grenisen v. La Crosse Co. Human Serv.
2012AP427-CRNM State v. Maus
2011AP150 Marnholtz v. Church Mut. Ins. Co.
2010AP3143-CR State v. Cook
2011AP373 State v. Sanicki
2010AP2009 State v. Villegas
2010AP2455-CR State v. Benson
2010AP2627 State v. Purifoy
2010AP2873-CR State v. Tiggs
2010AP2944 Walter v. Marek
2010AP2949-CRNM State v. Anglin
2011AP61 Leiser v. State
2011AP341-CR State v. Petersdorff
2011AP528-CR State v. Taylor
2011AP595-CR State v. Moore
2011AP857-CR State v. Hurns
2011AP1043-CR State v. Wilson
2011AP1769 Habush v. Cannon - Chief Justice Shirley S. Abrahamson concurs.
2011AP1779 State v. Johnson
2011AP1878-82 State v. Dalvin C.
2011AP2049-CR State v. Brown
2011AP2168 State v. Martin
2012AP72-NM State v. Kenneth S.
2012AP737-W Jones v. Pollard
2012AP900-W Franklin v. Clarke
2012AP983-W London v. Clarke
2012AP998-W Swift v. Circ. Ct. for Milw. Co.
2011AP2599 Oneida County Dep. of Soc. Serv. v. Scott H.
2011AP2600 Oneida County Dep. of Soc. Serv. v. Amanda H.
2010AP3031 State v. Ward
2012AP1459-W Walker v. Pollard
2010AP2984 Sabol v. Village of Mt. Pleasant Bd. of Rev.
2011AP861-W McPherson v. Pollard
2012AP396 State v. Kaprelian
2011AP53 State v. Salyers
2011AP883-CR State v. Darden
2011AP947-CR State v. Koepp
2011AP1001-CR State v. Prochaska
2011AP1554-CR State v. Wayka
2011AP1464 Acuity v. Ross Glove
St. Croix
2011AP1905 Gilbert v. Gilbert
2012AP902-W Jacobs v. Daniels - Justice Ann Walsh Bradley did not participate.
2010AP1207 Olson v. Zurick Am. Ins.
2011AP2503-CR State v. Hyzy
2011AP1048 Stark v. Hamblin
2011AP1012 Schmidt v. Meuler - Justice Annette Kingsland Ziegler did not participate.
2010AP3066 Wieland v. Wieland
2011AP1487 Palkowski v. Acuity
2011AP2907-FT Discovery Developments v. DOT - Justice David T. Prosser, Jr. and Justice Patience Drake Roggensack dissent.
2012AP976-W Rewanwar v. Waukesha Co. Circ. Ct.
2010AP2811-CR State v. Martin
2011AP2037-W Pease v. Pollard
2010AP2915 Kinney v. LIRC
Tom Sheehan
Court Information Officer
(608) 261-6640


text:
Ch'an said the same thing and the result is the rising number of people who assertSönam wrote: Jyoti, in Dzogchen there is no necessity to know the dharma, the three natures, the two
truths, trikaya, etc.
there is no consequence of karma, or straying to the extreme of dropping all,
attachment to no-thought or conceptualizing an emptiness as the ultimate, etc. The
Chinese Yogacara has addressed these problems specifically.
Knowing the elements of definitive dharma, such as the three natures, the two truths,
trikaya, etc. helps to avoid those extremes, helps in gaining the certainty that one is on
the right track as well as helps in gaining the ability to help others who are going
The realization that is being continue will include the stability of the realization andCircumstances are that you meet a teacher, that he introduces to your own nature, then
you realize it and you continue in that realization ...
consequently the sign of the mastery of the elements of the definitive dharma,
otherwise the chance is pretty good that it is an indication of going astray.
Like ch'an, dzogchen is the type of teaching that is prone to produce people who are
going astray. The reason is that both teachings are not meant for beginners of dharma,
it is meant for persons who have already enter the path of bodhisattva in previous lives
and so already have various seeds of the intellect being planted, where the only
requirement is to have these seeds activated by contact with such dharma.
But if a person who is naturally adverse to the mahayana scriptures, even after being
introduce to the view, it is also sign that he/she has not previously accumulated the
merit of mahayana, and the chance that he/she will be able to uphold the authentic
view is questionable.

subset: commoncrawl


text:
Dell going private in $24.4B leveraged buyout
Dell said Tuesday it agreed to a $24.4 billion private buyout deal that would give control of the computer maker to an investment group that includes company founder and CEO Michael Dell and technology investment firm Silver Lake.
The deal is expected to be completed by the end of the second quarter, and Dell's stock will then be delisted. Its stockholders will receive $13.65 in cash for each share, a 25% increase from the share price prior to the rumors of a possible buyout deal that was first published last month.
The investor group will acquire all outstanding shares not held by some Dell executives. Shares of Dell rose 1.13% to end Tuesday at $13.42.
The deal will be financed primarily by cash and equity from Michael Dell, funds raised by Silver Lake and a $2 billion loan from Microsoft. Other funding sources include cash invested by MSD Capital, rollover of existing debt and debt financing from several investment banks.
"We can deliver immediate value to stockholders, while we continue the execution of our long-term strategy," says Michael Dell, who founded the company in 1984 while he was a student at the University of Texas.
With demand for computers sinking worldwide, Dell's revenue in its primary business -- assembling custom orders of PCs and selling desktops and laptops to large enterprises -- has also been shrinking. Dell's global shipment of PCs fell 12.6% to 38.7 million in 2012, according to research firm IDC.
To pursue new lines of business that generate better profit margins, the Round Rock, Texas-based company has been developing software, storage and security services for large corporate customers. Analysts say Dell is interested in going private because the company turnaround strategy requires long-term moves that could test investors' patience.
"Dell has made solid progress executing this strategy over the past four years, but we recognize that it will still take more time, investment and patience," says Michael Dell, who will contribute his 14% stake to the new company and continue his role as chairman and CEO.
Dell is an important sales channel for Microsoft. But the software giant also is investing in Dell because it needs "more dedicated focus" from a PC maker that can better integrate its operating system and hardware, says David Johnson, an analyst at Forrester Research.
Tighter software integration is particularly important for corporate customers that are increasingly turning to cloud computing for storage and business applications, he says. "Both have interest in these businesses," he says.
To boost its enterprise business, Dell paid $2.4 billion in July for Quest Software, a developer of software for corporate security and work computer "virtualization." Dell also bought Perot Systems, a provider of IT services to large enterprise customers, for $3.9 billion in 2009.


text:
This is not an offer for credit and should be used for estimation purposes only based on the information you provided. You should not base your decision on this estimate alone. Title, registration, tax and other fees, and personal circumstances such as employment status and personal credit history, were not considered in the calculations.
Whether you're loading up a pallet of feed or heading out on a hunt, the Mule Pro-FX™ side X side has the versatility, power, and long lasting durability to make quick work of it—over and over again.
Front - Hydraulic dual 212mm discs with two-piston calipers
Rear - Hydraulic dual 212mm discs with single-piston calipers, mechanical parking brake
Front - 26 x 9.00 R12
Rear - 26 x 11.00 R12
Front - Double wishbone; 8.7 in. travel
Rear - Double Wishbone; 8.7 / 8.5 in. (R / L) travel


text:
THIS IS NOT BART: MONEY'S 2 TIGHT FOR STEAKOpening Night Thursday Sept 27 from 6pm
Exhibition runs until October 27 during gallery opening hours
Newcastle's 2nd annual The Simpsons themed group art show!! What would a Simpsons themed anything be without ENDLESS REPEATS. In the year following 2011's popular This Is Not Bart show, we have been hounded by occasional requests for a follow-up. We were going to do it anyway. Here it is! Bigger! Better! Not Bart-er! What else were we going to do? We will be screening the complete and stomach churning Hommer Simpson series by HUTZ (including the controversial and TOOHOTFORYOUTUBE Hommer Simpson Part 6) and featuring work by Bongo Comics artist Dean Rankine ('Simpsons Comics' #180, #182, #183, #184, #186, 'Futurama' #62 and 'Bart Simpson's Pal, Milhouse' #1.), as well as a massive selection of work by Simpsons fans and artists from Newcastle and all over Australia. So come to the opening night party, there will be music, food, drinks, obscure pop-culture references and good times. Also, Renew Newcastle will be conducting a Spring City Walk from 4.30pm taking in special events at local shops and projects, including ARThive, so if you're more comfortable looking at art and things in large groups, follow them around! Now check out this list of featured artists! It's gigantic!
Dean Rankine
Grant Hunter
Sarah Mould
Mike Foxall
Kate Burton
Kate Burton
Robert Nedeljkovic
Adam Blake
Sam Robertson
Phoebe Macdonald
Smella Catshine
Ben Mitchell
Shana Dennis
Morgan Cabot
Anjie Rivero
Alex Dermer
Dean McGill
Effie Dee
Reuben Ingall
Nathan Rudel
Barbie Procobis
Alicia Buck
Lisa Kirkpatrick
Mark O'Brien
Rohan Cheong
Daniel Purvis
Carlo Delos Santos
Eva Okuszko
Melissa So
Jessica Louttit
Melissa So
Jessica Louttit


text:
- Contact Information
- Financial Responsibility
- Tuition & Fees Estimator
- Tuition & Fees
- Tuition Insurance
- Block Rate Information
- Billing Statements
- Payment Methods
- Payment Option Plan
- University Catalog - Bursar Information
- Forms
- Frequently Asked Questions
- Credit Card Conv. Fee FAQ
- International Payments FAQ
- Refunds
- 1098-T Viewing & Printing
- FERPA & Privacy
- Financial Aid
- Financial Literacy
- Military/Veteran Benefit Services
- Red Flag Rules
- Event Calendar
- Associate VP for Admin & Finance
- Banner
Welcome to the Office of the Bursar at Oklahoma State University in Stillwater . "Bursar" is a term unique to higher education and means "keeper of the purse." The Bursar Office bills and collects tuition, fees, campus housing, and other university related charges. The Bursar Office also processes and disburses all federal and campus-based funds to students' bursar accounts and refunds any overpayments on students' bursar accounts.
View Bursar Billing Statements
After logging into my.okstate.edu click the OSU Stillwater/Tulsa Bursar Account link under the Quick Links.
Alternate Login (Requires Pin)
2018 1098-T Change
In previous years, your 1098-T included an amount in Box 2 that represented the qualified tuition and related expenses (QTRE) we billed to your bursar account for the calendar (tax) year. Due to a change to institutional reporting requirements under federal law, beginning with tax year 2018, we will report in Box 1 the amount of QTRE you paid during the year. Here is a blank sample of the 2018 Form 1098-T, that you will receive in January 2019. For more information about Form 1098-T, visit IRS.gov.
Important Information/Dates
Credit Card Usage for Bursar Payments. Read more...
Due Dates - All payments are due prior to the 15th of each month.
Holds/Finance Charges - A Bursar financial hold is placed on a student's account whose balance is past due, barring enrollment in a subsequent semester. Payment is due upon receipt of the statement. Any balance that is unpaid after the 15th will be assessed a finance charge of 1.5% or an annual percentage rate of 19.56% when computed from the billing date. If your bursar account becomes past due, finance charges are added, enrollment for future semesters is not allowed, and transcripts and diplomas are not released until the past due balance is paid in full.
Click here for more information about enrollment holds and how to address them.
Parent & Student Guide Available
This guide is intended to help you understand our office & provide details about charges to your bursar account, methods of payment and contact information. Read more...
Payment Option Plan
Monthly payment plan to assist student and families with their financial obligations to the University. September 15th is the deadline to enroll in the Fall plan and February 15th is the deadline to enroll for the Spring plan. Below are the links for the student and authorized user to access the plan as well as a Step-by-Step guide on how to login to the payment plan, view account activity, set up an authorized user, make a payment or schedule automatic payments:
International Payments
Oklahoma State University has partnered with Western Union Business Solutions to provide international students and their families a fast, easy, and affordable way to pay education costs online and in their own currency. This service allows you to pay locally from your home bank, saving you money on exchange rates and bank fees. Funds are credited directly to your bursar account in dollars in as few as two (2) business days.


text:
Whether you are construction contractor, home owner or DIY Enthusiast and Looking for Tools and Equipment on rent in Chicago Area for your job then you are at right place. Arlington Rental provide all kind of tool and equipment rental in Chicago Area.
We have every equipment you need for Construction job, landscaping job, any DIY works. Our all equipment are well maintained and regularly checked by professionals for safety purpose.
Want to rent Tools & Equipment on rent in Affordable Price at Chicago, IL, or in a nearby area, why not Contact Arlington Rental? We are here to fulfill your tools & Equipment rental requirements, If you need any suggestion or assistance related use of rented Equipment please call us.


text:
- Prayer and Worship
- Beliefs and Teachings
- Issues and Action
- Media
- Bible
- Catholic Giving
- About USCCB
Date: 06/22/2019 to 06/29/2019
Time: all day event
Website: http://www.usccb.org/issues-and-action/religious-liberty/fortnight-for-freedom/index.cfm
By accepting this message, you will be leaving the website of the
United States Conference of Catholic Bishops. This link is provided
solely for the user's convenience. By providing this link, the United
States Conference of Catholic Bishops assumes no responsibility for,
nor does it necessarily endorse, the website, its content, or
sponsoring organizations.


text:
Only hotels in 46857 zip code are listed below. Search for cheap and discount hotel rates in Fort Wayne, IN for your upcoming leisure or conference / group travel. We list the best 46857 hotels and motels so you can review the Fort Wayne hotel list below to find the perfect lodging. Hotels in Allen county and area code 260 are also listed.
How should we direct your call?


text:
7-27-10 Progressive Field
I had an awful day at Progressive Field.
It started at 3PM with early batting practice. Nick Pelescak, Happy Youngster and I took 10 minute shifts watching our bags while the other two were outside of the home run porch gate – trying to get a ball.
No balls would even make it out, despite a good 40 minute or so session.
To make matter worse, at 4:30, I went to look for balls in the trees at Heritage Park, but it was closed for some private party.
Game: 1 balls (1 device)
Season: 337 balls (173 hit, 75 thrown, 36 device, 44 found)
Games: 53 games
Average: 6.36 balls per game
2010 Game Balls: 5
Career: 915 balls
Streak: 149 consecutive games attended with at least 1 ball snagged.
Attendance: 27,416


text:
Voltage supply of MultiControl or ConveyorControl system via flat cable. Voltage supply of DriveControl or ZoneControl via round cable.
The PowerControl is a 3-phase power supply (400 V AC) in an IP54 housing for providing the 24-V DC system voltage. The power supply is perfectly adjusted to the current requirements of the RollerDrive EC310. For up to four seconds, the power supply furnishes a current of 30 A. Hence, the power supply facilitates the simultaneous starting of multiple RollerDrive.
The power supply is designed for decentral use. It does not have to be integrated in a costly switch cabinet and can be fastened directly on the side profile of the conveyor. Cable can be saved by placing it in the vicinity of the RollerDrive control. Thanks to the short cables, problems due to cable voltage losses are minimized. Two connections are available for the primary side so that the voltage for the next PowerControl can be looped through.
- No installation in switch cabinet required
- Self-protection against overload, feedback, short circuit and load drop
- System compatible due to low cold start current (inrush) and active power factor correction
- No power reduction (derating) over the entire operating temperature range of the Interroll controls
- Multiple terminal points on mains and load side; no special or expensive connector required
- Cable entry via M20 fittings including seals
- Maintenance-free


text:
Just like the title asks - is there a Russian Roulette effect that allows the spectator to make all the choices? I'm not intending to add any real danger to it - no spikes or anything that will hurt anyone. Just the basic plot of: all of these items will be eliminated one by one until only one remains, and that's the one that was predicted / written down / has something surprising inside of it, etc.
I'm not adverse to using equivoque or something, but I'm curious if there's anything out there that allows the spectator to have a truly free choice? (Maybe some gimmicked props or something?)


text:
We're really pleased you'd like to read more, but you don't seem to be logged in to our subscription research yet.
If you're an existing client you can sign in here. (Don't forget your username is your email address. If you've forgotten your Password you can reset that here.)
Not a client yet? We'd love to welcome you aboard!
Corporate subscriptions
We have in-depth research streams focused on all areas of the UK tech market (see here) and subscription packages to suit organisations large or small.
If you would like to learn more about our corporate subscription packages please email email@example.com and we'll provide you with details for your organisation.
Individual subscriptions
For more information on – or to sign up to – our new UKHotViews Premium service for individuals, please see here or get in touch with Sarah Robinson via email@example.com.
E email@example.com
Website Terms & Conditions
Privacy Policy
The TechMarketView name and logo are registered trademarks of TechMarketView LLP
® | © Copyright TechMarketView 2007- 2019
Our website uses cookies to give you the best online experience and provide functionality essential to our services.
By clicking 'Close' or by continuing to use our website, you are consenting to our use of cookies in accordance with our privacy policy.


text:
One of the many nuggets of invaluable wisdom offered at last night's Silicon Valley Association of Startup Entrepreneurs event was provided via a story about irrepresible powerhouse Guy Kawasaki. The story was told by Entrepreneur, Google and Co-Founder of Jaiku charismatic Jyri Engestrom.
As Jyri first explained he was invited to a Guy Kawasaki presentation to a group of entrepreneurs from Finland. Jyri is of Finnish heritage and acted as one of the liaisons. During one of Kawasaki's talking points, Guy made the following statement:
"What is your unfair advantage?"
First Impressions
Jyri's first impression of this statement was that it sounded very arrogant and confrontational until he had a moment to process. Then the statement made perfect sense and was one of the most important tips a entrepreneur could adopt.
Your Unfair Advantage
Your unfair advantage is the one powerful piece that makes your business unique, powerful, successful, and the envy of your competitors. Guy Kawasaki's unfair advantage is the fact that he can instantly reach a huge audience due to his popularity online. When Guy says something thousands of people listen and often follow his lead
I Don't Have an Unfair Advantage
According to Jyri, Kawasaki's posit is simple. In the beginning, very few entrepreneurs or new businesses have an unfair advantage. They don't have name recognition, fame, monster online audiences, or technology that is unique and ahead of the competition.
Instead most entrepreneurs and businesses begin with no unfair advantage according to Guy
The Solution
If your business does not have a unfair advantage or you the entrepreneur do not have an unfair advantage then you might consider the following:
1. Identify the unfair advantage that would make the greatest impact on your business
2. Hire the human capital, technology, or other entity that will provide you with your unfair advantage
Jyri's Story was a simple case of recognizing a new industry trend, microblogging aka blogging platform for mobile devices (phones etc.) and chance. At a conference, Jyri met a developer he described as the #1 microblogging developer in the world. Jyri immediately accessed the opportunity and partnered with this man and the rest is Jaiku history.


text:
Northern TerritoryUluru
Australian Indigenous culture shines in this 4 day coming together of art, food, fashion and more.
Set in the spiritual heart of Australia, Tjungu is a four day festival that celebrates the best of Australian Indigenous culture featuring film, art, sport, music, food and fashion. Tjungu, meaning meeting or coming together in local Anangu language, includes a line-up of traditional and contemporary musicians and bands and a dining experience under the stars with a contemporary bush food inspired menu.


text:
If you are looking to celebrate your loved ones birthday, anniversary, or their special day, this 1 Kg Dark Chocolate Cake would be the perfect addition to the party. This cake showcase your overwhelming happiness that you can barely contain in your heart, and its sweetness will always make you think of them and pray for their happiness.Weight - 1kg
The image displayed is indicative in nature.Actual product may vary in shape or design as per the availability.
The chosen delivery date is an estimate and depends on the availability of the product and the destination to which you want the product to be delivered.
Since cakes are perishable in nature, we will be able to attempt delivery of your order only once.The delivery cannot be redirected to any other address.
Cakes might be delivered separately from flowers and they cannot be delivered along with other courier products.
We do not deliver on Sundays and Public Holidays.
Occasionally, substitution of flavours/designs is necessary due to temporary and/or regional unavailability issues.
Upon receiving the cake, immediately refrigerate it.
Keep refrigerated until a couple of hours before serving.
It is best served at room temperature.
The cake should be placed back in the fridge and should be consumed within 48 hours.
Enjoy your cake!


text:
Published Dec 23, 2016
Food, toys, collars, leashes. Who has the best?
Where's the best place to go when your pet needs a check-up? see the Top 5 →
Oldies but goodies. Where do you go to find the best antique treasures? see the Top 5 →
Whether you are young or old, you can still do arts and crafts! Where's... see the Top 5 →
Biking enthusiasts are very particular about their choice in bike shops... see the Top 5 →
Extra, extra, read all about it. Where do you pick up your favorite reads? see the Top 5 →
Cameras, flashes, film development. Where is that picture perfect store? see the Top 5 →
The 2016 Philly A-List awards are based on more than 26,000 votes from local Philadelphia-area experts.


text:
2016 BMW M4 is a sedan that will offer machines and innovative new designs and modern. New BMW M4 is rumored to be giving a more sporty design changes and take an impression of elegance. The all New BMW M4 according to information circulated would give a very fast machine and had an impressive performance. The latest BMW M4 ready to enliven the world automotive market competition in the luxury sedan segment car. We will discuss about specifications 2016 BMW M4.
2016 BMW M4 Design Specs
2016 BMW M4 is rumored to have undergone changes and revisions. Exterior design 2016 BMW M4 will offer a more modern and sporty. New BMW M4 will use body kit with a lower suspense. For the front bumper BMW M4 latest including small while the rear splitter will get the diffuser. As for interior design 2016 BMW M4 will offer a more luxurious and sophisticated. BMW M4 cabins designed using elements of sharp lines. The latest edition of the BMW M4 cabin will provide you with a more sporty look with leather wrapped with seats, footrest, chrome accents, beating well-arranged, leather steering wheel, circular instrument clusters, infotainment systems and with the driver's Assistant and professional navigation so that it will enhance the value of comfort and fun in the cabin.
2016 BMW M4 Engine
2016 BMW M4 will offer a more powerful engine than the previous model. New BMW M4 is rumored to be using the 4.4-litre V8 engine that can generate power 444 horsepower and weighed 300 pounds which will result in a better performance than the current model. The all New BMW M4 can be speeding 0 to 60 mph in less than 4 run, 2 seconds and a top speed of up to 155 mph. BMW M4 latest edition comes with 6-cylinderas and provides two specialized in turbo machinery. The latest edition of the BMW M4 will be offering new sensations for an aggressive sports car lovers.
2016 BMW M4 Release Date and Price
2016 BMW M4 is a sporty car that offers a more powerful engine and a more modern look. According to rumors circulating, the release date of 2016 BMW M4 will be launched in late 2015 or early 2016. As for pricing information 2016 BMW M4 is expected to be sold for about $ 140,000.


text:
A record of 2-3 is not what the Denver Broncos were wanting after the addition of QB Peyton Manning and several other free agents, but that record is not nearly as bad as it looks when you consider the schedule that the Broncos have went through over the last 5 games.
The Broncos have won games against the Pittsburgh Steelers (2-2) and the Oakland Raiders (1-3) and have suffered tough losses to the Atlanta Falcons (5-0), Houston Texans (5-0) and New England Patriots (3-2).
The Broncos have lost to the only two undefeated teams in the league, and to a Patriots team that is playing their best ball right now. Denver's schedule will lighten up a little the rest of the way, and if the Broncos improve on their mistakes, they'll start to win more games as the season goes on.
They have the San Diego Chargers twice, New Orleans Saints, Cincinnati Bengals, Carolina Panthers, Kansas City Chiefs twice, Tampa Bay Buccaneers, Raiders, Baltimore Ravens and Cleveland Browns left on the schedule. There are still several tough teams and many divisional games left, but the Broncos are in prime position to finish with a 8-3 record over these last 11 games, which would give them a 10-6 record overall and that should be enough for the AFC West title.
The bigger question in my mind is this: If the Broncos make the playoffs like they should, will they improve enough to give a team like the Texans a run for their money deep in the postseason?
I think they can and will, but there's only one way to find out.
You can comment on this article below. Your opinions and thoughts will be greatly appreciated.
Follow me on Twitter @Broncos_Media
Like me on Facebook Mark Stringer – RantSports.com
Add me to your circle on Google + Mark Stringer


text:
Last night's game was a bit surreal. Four foul outs, including a rarely foul popout/double play when Ryan Spilborghs broke for the plate and was cut down by Orlando Hudson. One of the fastest men in the NL picked off second . . . on a throw down from Nick Hundley. A 1-6-4 force out at second. And so on.
Part of it was not so surreal, as the Padres dropped their ninth straight.
I was really looking forward to seeing Cory Luebke pitch again. The last game I attended that he started, he retired the first 11 hitters he saw. Last night's game was aptly summed up on Twitter by Geoff Young of Ducksnorts:
Great second inning surrounded by a whole lotta batting practice.
On to the thoughts.
- Lubeke must have thought he was in a shooting gallery. On three separate instances a hard shot went right through the box, started by Todd Helton on his line drive single in the first. Kevin Kouzmanoff and Dexter Fowler also buzzed the tower, as it were. I would think that unsettles a pitcher. After Helton's near miss Luebke retired the next 7 hitters he saw.
- It could have been eight, but Hudson had a sinking line drive off Troy Tulowitzki's bat glance off his glove and roll away. O-Dog then watched it roll into short RF. Tulo, hustling all the way, made it to second standing. Two thoughts here - (a) why did O-Dog buy a ticket after missing the play, and (b) what the heck was Jason Bartlett doing not covering second base?
- Luebke threw 37 pitches in the first inning. Not to be outdone, Rockies starter Alex White threw 28. The first inning took almost 40 minutes to play.
- Padres got the leadoff hitter on in the first, third, fifth, sixth, seventh, and eighth innings. In the third, sixth, and seventh he didn't get to second. In the eighth he did thanks to a 2-out walk, but was still stranded.
- San Diego showed no interest in trying to move the runner up by bunting in the seventh or eighth innings. I don't count the half-hearted bunt attempt by Hudson that he fouled back over the screen. Stuck in an eight-game losing streak, I would have expected to find Bud Black willing to pull out all the stops in an attempt to break the streak.
- Of course, if Kouzmanoff does not make a tremendous play on Jason Bartlett's line shot in the seventh the game might have ended differently. Kouz dove to his left to snare the drive, then doubled Will Venable off first.
It's been said elsewhere but will be said again here. San Diego lost 10 straight last year from 26 August to 5 September. The current streak started 24 August. Let us hope long losing streaks in late August don't become the norm.
Padres send Mat Latos to the hill today against Padre Killer Aaron Cook.


text:
Repeatability in science is the capacity to execute an experiment or data collection again and again. For instance, if a scientist claims to be able to achieve Cold Fusion in a styrofoam cup, given the procedures the scientist undertook, other scientists should be able to replicate the same results. If they cannot, then either the procedures given by the claimant are faulty, the experiment results were misunderstood, or it succeeded for other reasons. Without repeatability, the scientific method is incredibly ambiguous about what the conclusions to the data are.
One common misconception about repeatability is that the original phenomenon must be repeated in order to qualify. Such examples are:
- We must recreate the Big Bang in order to prove it
- We must directly observe, in one sitting, one "kind" of species evolve into another ("macro evolution")
The repeatability is entirely viable through the individual confirming experiments, such as microwave background radiation for the Big Bang, or new predicted fossils discovered by scientists, such as Tiktaalik roseae. If such an objection about repeatability were true, then the entire field of archaeology would be rendered superfluous.


text:
Login | Checkout | My Account | Shopping Cart Now in your cart 0 items
Kelp Noodles
Kelp Noodles [LARGE], 1 POUND
Just like spaghetti & 100 % RAW FOOD
Just like Chia Seeds, Kelp Noodles are one of our top sellers, and there's no question why! Healthful, delicious, easy to prepare and fun to eat - Kelp Noodles are
Kelp Noodles are a sea vegetable in the form of an easy to eat raw noodle. Made of only kelp (a sea vegetable), sodium alginate (sodium salt extracted from a brown seaweed), and water, Kelp Noodles are fat-free, gluten-free, and very low in carbohydrates and calories. Their noodle form and neutral taste allow for a variety of uses including salads, stir-fries, hot broths, and casseroles, while providing a rich source of trace minerals including iodine, which kelp is well known for. Their unique texture completes the package, making Kelp Noodles a one-of-a-kind healthful and tasty alternative to pasta and rice noodles. Best of all, no cooking is required. Just rinse and add the noodles to any dish and they are ready to eat!
Product of the USA
Serving and Storage: Rinse in water before preparing. Cut the noodles to desired length. Store in water after opening. DO NOT FREEZE OR DRY.
Are your kelp noodles raw?
Yes. Our kelp noodles are a raw food. They do not undergo any heating over 100 degrees Fahrenheit.
What do Kelp Noodles taste like?
The noodles are neutral in taste and surprisingly not sea-like, which lends to their versatility. Kelp Noodles can be used anywhere.
Why are the Kelp Noodles clear and not green?
When the outer skin of kelp is removed, the inner portion of the kelp actually looks just like our noodles. Try it out!
What is sodium alginate?
Sodium alginate is a sodium salt derived from brown seaweed. It is known to help remove heavy metals from your body.
What is the shelf life of Kelp Noodles?
Kelp Noodles stay fresh in your pantry for up to six months. After opening the package, simply store them in water to prevent the noodles from dehydrating.
Do Kelp Noodles need to be refrigerated?
The noodles can be stored at room temperature for up to six months without affecting its quality of freshness.
Do Kelp Noodles need to be cooked?
No. The noodles are ready to serve straight from the package. Simply rinse the noodles in water and enjoy!
Why should I eat Kelp Noodles?
Kelp Noodles are a great alternative to pasta and rice noodles. Our noodles do not contain any flour, rice or sugar and they do contain an abundance of beneficial minerals.
What are the benefits of kelp?
Kelp is known to aid metabolism, promote weight loss, boost energy, aid in digestion, promote scalp and hair health, and help with thyroid function.
These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease.


text:
The Pacific is a home that has space for everyone in the family and with 4 floorplans and sizes to choose from there is sure to be an option perfect for your lifestyle.
With multiple living areas there is plenty of room for everyone in the family to spend time individually or come together in the large open plan living area. With this spacious area opening out onto the alfresco it creates a large space perfect for entertaining family and friends.
Enquire now
View Brochure
Standard Features
Looking for more information? Please follow the prompts below and we'll get in touch as soon as possible.
The information you have shared will only be used by G.J.Gardner in accordance with our terms & conditions
A place to browse popular styles
Receive the latest news
By clicking Submit, you agree to receive information, promotions and offers from G.J. Gardner Homes.
The information you have shared will only be used by G.J. Gardner Homes in accordance with our
privacy policy


text:
Needless to say, all of these classes and likely, the role of tanking as a whole will undergo a significant amount of changes come Cataclysm but the core principles behind what makes one tank different from another tank will remain the same and it will be those differences that we focus on in this series to help you choose which class you want to tank with.
The warrior has been an absolute staple tanking class right from the start and back in vanilla WoW, the warrior was THE tank.
Recently, there's been a big push by Blizzard to establish a measure of parity among all four tanking classes but you'll find that a lot of raiding guilds still use a warrior as a main tank.
The warrior is a tank with an awful lot of tools at his disposal that makes him suited to cover almost any emergency situation. The warrior is uniquely suited to handle all the manner of abrupt accidents that can occur over the course of a raid or a dungeon run.
Access to a skill such as Vigilance lends them an unlimited Taunt as long as it's placed on the correct target beforehand while they bring to the raid one of the most important debuffs in the game to place onto the mob being killed. While it can be argued that a fury warrior can bring the Sunder Armor loving as well, as anyone that's played a fury warrior can tell you, it's a country mile easier to apply and keep up the sunders as a tank than as a DPS.
The thing that really separates a good warrior tank from a bad one though is the proper use of the Warbringer talent. Mobility during a battle is where a warrior really shines and it is a feat that is unmatched by any of the other tanking classes at the moment. A good warrior can use the separate cooldowns on his Charge, Intercept and Intervene abilities to constantly zip around the battle from one mob to the next and chaining off of his own raid members when needed. The cooldowns to these three abilities is often short enough that at any given point in the fight, at least one of them is up and ready to go while the secondary functions of each ability only help to give this unparalleled mobility an extra little something that it doesn't really need.
However, all of these benefits don't come without some sort of cost. In this case, it's a simple fact that while warriors are remarkably well suited for the role of main tank, they suffer greatly as an off-tank in the current game due to the issue of rage. Warriors are given the fuel for their abilities by hitting but the majority of it comes from being hit instead. So if a warrior isn't getting hit, they aren't getting the rage needed to do their job.
While the rage system is on the chopping block for big changes come Cataclysm, there haven't been any solid details or numbers regarding that yet so we'll have to wait and see how that turns out.
In the current iteration of the game, this does develop into a fairly large problem (consider fights like the untauntable heroic Lady Deathwhisper) and should be factored into your decision when you're choosing what class you want to be a meat shield as.


text:
Your wedding day is one of the most special days of your life and I want you to have a beautiful, joyful, and meaningful ceremony and celebration on your wedding day. I consider it an honor to officiate a wedding, so thank you for considering me!
Being our authentic selves before God and one another allows us to be real about our faith and our life. Let us help you begin your lives together. We would love to officiate your wedding and help you with any pre-marital counseling you may be looking for to start off your lives together.
Dr. J. Juan Garcia, one of the few local Relationship Counselors with a PH.D. credential, provides couples with essential tools for relationship success: Communication, trust, respect, & commitment.
Gary implores a wide rage of communication building and language altering techniques with couples to help guide them through rough transitions and towards restructuring their relationship.
With my comfortable and supportive help, clients achieve the personal growth they're striving for.
My goal is to go to the "root" of your problem. Having an accurate understanding of the problem is essential to achieve resolution of individual conflicts and marital discord.
We ensure change which strengthens and empowers individuals, families by providing a wide range of services.
West End Family Counseling Services provides high-quality, affordable, innovative programs for the diverse communities the agency serves.
We believe that god wants us to edify others with our words and extend grace and love.
We are committed to providing professional Christian counseling, offering the help you need to understand your unique issues and discover solutions that lead to wholeness again.
Our therapists focus on helping couples improves their relationship by providing concrete tools to build a strong relationship.
Therapy should be accessible, empowering, and not unreasonably expensive. Please call or email for a free 15 minute phone consultation. You can also visit my website for more information. We can build a stronger base for you and your partner to meet life's challenges.
Don't just prepare for your wedding, prepare for your marriage. Pastor Mark Manning has been counseling couples for over 12 years. He is friendly, affordable, and ready to help your relationship.
As a licensed Marriage and Family Therapist and PREPARE/ENRICH Certified Counselor, I aid couples in the exciting transition into their marital relationship. I assist couples in exploring and building upon their relationship strengths as well as helping improve communication and conflict resolution skills.
I provide a spiritual ministry with every couple concerning their life together.
Personalized pre-marital counseling using the Prepare/Enrich couples assessment online program. You will take the assessment online and then we will meet weekly to discuss your strengths and areas of growth. You will learn new skills in relationship building for a stronger martial foundation.
My clinical focus is to help couples enjoy better relationships & communication. I help couples learn how to better understand each other so that they can truly be themselves, yet stay connected & intimate. I utilize prepare and enrich online questionnaire to begin the journey of building a strong marriage.
Do you want to improve the quality of your relationship? Before you walk down the aisle...come learn the tools to create a happy marriage that lasts a lifetime. Get started today!
I am a licensed Marriage and Family Therapist specializing in pre marital counseling. An excellent opportunity to discuss and process values, concerns, and questions to help build a stronger relationship. Premarital counseling is most effective with both parties present, but one can also bring about effective change.
If you are in LA preparing for your wedding don't forget to sign up for your premarital counseling. For over 25 years, I've helped couples like you create a marriage vision, deepen connection, improve communication skills and plan for the future. Offering individual sessions and workshops.
Using PREPARE/ENRICH, the #1 relationship inventory and couples assessment tool, I can help you enrich your relationship and prepare you for married life. Services include on-line relationship survey and follow-up sessions with licensed psychologist/psychotherapist/couples counselor. A research-based non-religious approach.
We use the Prepare-Enrich assessment to help you and your fiancé explore the significant areas of marriage and to provide skills to strengthen your relationship for years to come. We are Christian licensed marriage therapists and can integrate faith into the process if you desire. We also do a couples group format.
New Life Pastoral Counseling focuses on more than just the mind; we focus on the complete divine person you are created to be. Premarital counseling provided; start your New Life on the right track!


text:
This CPD is sponsored by KOREC. With a greater use of BIM and 3D models, laser scanning is becoming an increasingly popular method for carrying out building surveys. This CPD explores the benefits of 3D laser scanning.
KOREC delivers solutions which link office-based drawing with construction and surveying on site. Its laser scanning technology produces 3D models of both postconstruction and as-built structures, which can be introduced within the BIM process for surveys, visualisations and clash detection.
Part 1: What is a point cloud?
A point cloud is a set of vertices in a three-dimensional co-ordinate system. These vertices are usually defined by X, Y, and Z co-ordinates. Point clouds are most commonly intended to be representative of the external surface of an object.
Point clouds are usually created by 3D laser scanners. These devices measure in an automatic way a large number of points on the surface of an object, and often output a point cloud as a data file. The point cloud represents the set of points that the device has measured.
These can give an accurate measurement of work on site and can be used for surveying existing buildings. Scans can be carried out in RG B colour to produce a photographic image of the project at various stages through the construction process.
Part 2: How does it work?
To measure distances, the laser scanner uses a beam which is bounced back to the scanner by the object. The distance measured is given to millimetre accuracy through measuring the phase shift between the ending and receiving beam. At the same time as measuring the distance the
scanner also measures the horizontal angle. A mirror on the scanner deflects the laser beam in a vertical direction on the same object and this is decoded alongside the distance measurement.
Once measured, the distance, horizontal angle and vertical angle make up a polar co-ordinate. This is then automatically translated to an X, Y, Z co-ordinate for plotting. Phase shift technology is used to speed up the scanning process. This technology can scan up to 976,000 points per second, giving a richer dataset, which is better for both accuracy and quality.
Part 3: Example scan
Th is example demonstrates the process of scanning through a case study of a car park.
The scanner was set up so that it could see three target points within the building; these being easy recognisable points which could be used to locate the scanned data. The scan was then begun. This was repeated a total of three times from different points within the car park.
Each of these individual scans took four minutes. A point cloud with more than 160 million co-ordinates was created. In total it took 15 minutes to
scan the car park, including the time taken to reposition the laser scanner.
Once in the office the scan data can be transferred to a computer from the SD card located within the scanner.
Using software, the colour photography can be overlaid onto the point cloud data. The process of overlaying individual scans onto each other and stitching them together to create a continuous model can also be carried out automatically using software supplied with the scanner.
It is possible to create a 3D model of the simple car park space within 30 minutes. This allows a 3D rendered model of the site to be created for use from the start of any project.
Part 4: Integrating with BIM software
The point clouds generated through laser scanning can be imported into many BIM software packages.
When the scan is imported into Autodesk Revit it can be used for structural analysis, to create 2D plans and to create a 3D building information model.
The scans can be used to form outlines which can be traced over to create floor plans, sections, elevations and ultimately a 3D model.
Part 5: Scan sharing
Web-sharing programmes can be used to share the scans which have been created. Faro has a unique service which allows scans to be directly published to the internet. The scan data is then viewable using any web browser. Distance and area measurements can be taken from the scan as it is stored online.
Using FaroShare the laser scan can be shared online with the architect, the contractor and the client. This way of working is particularly good for live construction projects. It enables all those involved in the project to have live access to data as the build develops.
Part 6: Laser scanning benefits
Laser scanning has found a particular niche in heritage applications. Here it can be used to record buildings for restoration, excavation or scientific analysis purposes. Completed laser scans can then be used to create a 3D BIM model which can be stored for future restoration or refurbishment work. But heritage applications are just one of the uses of laser scanning which is gaining traction thoughout construction projects.
Laser scanning saves time due to its speed, ease of use and portability. Simple operation procedures mean the scan can be set up and running within minutes of arriving on site. The scanners are compact and therefore can be transported to and from site easily. This allows practices to take on more projects as productivity is much faster.
The process of scanning can also open up more opportunities for architects, as the scanning process is simple and can be done quickly on site with very little set-up or equipment. It allows an accurate 3D model of the project to be started from the initial surveying stage, which all members of the design and construction team can work from, reducing errors based around working from different data sets, drawings and models.
Go to the AJ CPD portal
Have your say
You must sign in to make a comment
Please remember that the submission of any material is governed by our Terms and Conditions and by submitting material you confirm your agreement to these Terms and Conditions.
Links may be included in your comments but HTML is not permitted.


text:
What is Marinade?
Marinade is a liquid in which to submerge foods, thereby adding flavor and sometimes helping to tenderize meat.
Charlie's BBQ & Grille check out our menu today!
Now you don't have to travel to get the World-famous Charlie's BBQ & Grille Barbecue Dipping/Sipping Sauce flavor. Order our world famous, homemade sauces bring the taste of Charlie's BBQ to your kitchen. Grab some Charlie's BBQ & Grille Barbecue Dipping/Sipping Sauce and Spice any meal today.
Check Out Charlie's delicious side item menu and try one of Charlie's world-famous deserts, with some ice cool beverages!
Stop by Charlie's BBQ & Grille or call us today and let us serve you , your family and your guest. And download our new app and order online today! See you at Charlie's BBQ & Grille.« Back to Glossary Index


text:
The Wood County Genealogical Society was organized in 1983, to provide a meeting ground for folks looking for ancestors. Members of the Society are interested in helping others to find "roots" in Wood County, Texas.
The Society cooperates with the Quitman Public Library in maintaining the society's genealogy research room which is housed at the library and adds books, CD's and microfilm as funds permit. Volunteer members are available at the library or by appointment or by email to aid researchers with their family history.
How to Find Us
The Genealogy Research Room of the Wood County, Texas Genealogical Society is located at the Quitman Public Library, 202 E. Goode Street (SH 154), Quitman, Texas, 903-763-4191 (library phone).
Hours of the library and genealogy research room are 10 a.m. to 6 p.m. every Tuesday through Friday excluding holidays.
Society monthly meetings are held the third Monday night of the month at 7:00 p.m. at the Shamburger Meeting Room. Consultation with members on starting a family tree search or help with search problems or brick walls is available from 6 p.m. until the meetings start.
Society Mailing Address: P.O. Box 832, Quitman, Texas 75783
Society Email Address: firstname.lastname@example.com
Society Facebook Page Link: Wood County Texas Genealogy Research Community
Purposes of the society are to further the development of genealogical research by (1) collecting and preserving historical data relating to members and their families, (2) collecting and preserving early records of the area including church and family records of a genealogical nature, (3) promoting historical and genealogical research and supporting the genealogical section of the Quitman Public Library, (4) cooperating with other societies and associations interested in history and genealogy, and (5) acting as a training agency for persons interested in genealogical research
2012-2013 Officers
President Ronnie Vance
Vice-President Deason Hunt
Secretary Shirley Patrick
Treasurer Wayne McCluney