text:
No. 86,536
1. The sufficiency of a charging document to confer jurisdiction is a question of law over which an appellate court has unlimited review. An information or complaint that omits one or more of the essential elements of the crimes it attempts to charge is jurisdictionally and fatally defective, and a conviction based on it must be reversed.
2. A complaint charging conspiracy must include an allegation of a specific overt act in furtherance of the conspiracy. It is not sufficient to say merely that the defendant willfully agreed with another person to commit the crime or to assist in committing the crime.
3. The attempt statute is different from the conspiracy statute because attempt does not include a requirement that an overt act be "alleged" as well as proved. A complaint charging attempt need not specify the overt act committed toward perpetration of the completed crime.
4. An overt act supporting a charge of attempt need not itself be illegal or chargeable as a criminal offense. Furthermore, the possible overt acts are not alternative means of committing the offense. Rather, they are acts that signify and trigger liability for the offense of attempt.
5. Voluntariness of a confession is determined from the totality of the circumstances, and where a trial court conducts a full hearing on the admissibility of extrajudicial statements by the accused, determines the statements were freely and voluntarily given, and admits the statements into evidence at trial, appellate courts accept that determination if supported by substantial competent evidence and do not attempt to reweigh the evidence.
6. On the facts of this case, the defendant's testimony regarding her ingestion of Valium before her police interview did not necessitate suppression of her statements.
7. The determination of the existence of a conflict of interest requiring disqualification of an attorney is governed by an abuse of discretion standard of review.
8. When a defense lawyer brings a potential conflict of interest due to simultaneous representation of the defendant and a prosecution witness in separate matters to the attention of the district judge, the judge must give counsel an opportunity to explain the nature of the conflict. If the lawyer does not articulate any actual conflict of interest that would prevent him or her from representing the defendant to the best of his or her ability, neither disqualification of the lawyer nor exclusion of the witness' testimony is required.
9. A photograph that illustrates the nature or extent of wounds inflicted, although it is gruesome, may be admissible in a criminal case when it corroborates the testimony of a witness or is otherwise relevant.
10. In order for K.S.A. 60-446 and K.S.A. 60-447 to apply, a person's character or a trait of a person's character must be in issue.
11. K.S.A. 60-422(c) and (d) limit the proof of character traits of dishonesty and lack of veracity to opinion testimony and evidence of reputation.
12. On the facts of this case, the defendant is not entitled to remand to the district court for an evidentiary hearing on her ineffective assistance of counsel claim.
13. Disparity in the sentences of codefendants does not amount to abuse of discretion where the trial court considers the individual characteristics of the defendant being sentenced, the harm caused by that defendant, and the prior criminal conduct of that defendant.
14. A trial judge is not bound to sentence a defendant to a term equal to or shorter than the sentence given his or her codefendant. When a defendant receives a longer sentence than his or her codefendant, and reasons therefore appear in the record, the sentence imposed will be tested on appeal against a standard of abuse of discretion.
15. On the facts of this case, the district judge did not abuse his discretion in sentencing a much older defendant who recruited her son's friend to assist her with a murder plan more harshly than the codefendant friend who shot the victim.
Appeal from Reno District Court; WILLIAM F. LYLE, JR., judge. Opinion filed June 21, 2002. Affirmed in part and reversed in part.
Rick Kittel, assistant appellate defender, and Randall L. Hodgkinson, deputy appellate defender, for appellant.
Keith E. Schroeder, county attorney, and Carla J. Stovall, attorney general, for appellee.
Before PIERRON, P.J., BEIER, J., and BUCHELE, S.J.
BEIER, J.: Michelle Sweat appeals her jury convictions for attempted first-degree murder, conspiracy to commit first-degree murder, and aggravated burglary. She also challenges her sentences as disproportionate to those given her coconspirator.
The charges against Sweat arose out of the shotgun shooting of Lloyd Eddens, who collapsed on his neighbor's front porch after being shot in his home. When police arrived, Eddens' intestines lay outside of his body and in his arms. Despite his wounds, Eddens was able to identify Sweat as the woman who had been at his house with the man who shot him.
The next day, the police interviewed Armando Fierro, then 18 years old. Fierro admitted to shooting Eddens accidentally while executing a plan concocted by Sweat to kill Eddens by a less gruesome method. Before Sweat's trial, Fierro pleaded guilty to attempted first-degree murder, conspiracy to commit first-degree murder, and aggravated burglary. He testified against Sweat.
Fierro's story was that he knew Sweat through her son and that she had recruited him to help kill Eddens. According to her plan, Sweat was to enter Edden's house first, send him out on errand, call Fierro in from her car, and then await Eddens' return. When Eddens came back, Fierro was to force him to the ground by means of the shotgun. Then Sweat was to handcuff Eddens and inject air into his veins. The plan went awry when Eddens grabbed the shotgun and it accidentally fired into his belly.
Fierro and Sweat fled to Sweat's car and disposed of their shoes as well as the syringes, handcuffs, and shotgun they had collected in preparation for the killing. They also attempted to clean the car inside and out. Fierro, apparently on his own, later returned to a park where he and Sweat had disposed of the syringes, handcuffs, and shotgun and redistributed these items to multiple disposal sites.
Sweat was interviewed the day after Fierro. At the opening of her videotaped interview, she was advised of her Miranda rights, and she signed a written waiver of them. Although she appeared tired, she did not appear to be irrational or under the influence of alcohol or drugs. The interviewing detectives acknowledged that Sweat had said she had taken Valium, but they did not ask her about it. During the interview, Sweat claimed she was an innocent victim and did not know the person who shot Eddens. At trial she continued to maintain her innocence but admitted knowing that Fierro wielded the shotgun.
Additional pertinent facts will be reviewed as we discuss Sweat's various claims.
Sufficiency of Complaint
After Sweat was convicted, she filed a motion to arrest judgment, challenging her convictions for conspiracy and attempted first-degree murder because the prosecution failed to allege the overt acts that supported those offenses. The complaint read in pertinent part:
"[O]n or about the 23rd day of June, 2000, in said County of Reno and State of Kansas, one MICHELLE L. SWEAT then and there being, did then and there, unlawfully, FELONIOUSLY, and willfully: . . . commit an overt act towards the perpetration of the crime of Murder in the First Degree, to- wit: intentionally and with premeditation kill the person of Lloyd Eddens, who intended to commit said crime, but failed in the perpetration thereof or was prevented or intercepted in executing such crime.
". . . On or about the 23rd day of June, 2000, in said County of Reno and State of Kansas, one MICHELLE L. SWEAT then and there being, did then and there, unlawfully, FELONIOUSLY, and willfully: agree with another person, to- wit: Armando Fierro, to commit the crime or to assist in committing the crime of Murder in the First Degree, to-wit: intentionally and with premeditation kill Lloyd Eddens, in an overt act, and further such conspiracy was committed by such person or said co-conspirator."
After oral argument, the district court denied the motion, finding the complaint comported with the statutes and Sweat "was adequately advised of what she was charged with."
The motion for arrest of judgment sets up Sweat's first issue on this appeal. She argues that the district court erred by denying her motion and that her convictions for attempted first-degree murder and conspiracy to commit first-degree murder must be reversed.
The sufficiency of a charging document to confer jurisdiction is a question of law over which this court has unlimited review. State v. Hooker, 271 Kan. 52, 60, 21 P.3d 964 (2001). Because Sweat properly preserved her issue regarding the sufficiency of the complaint through a motion to arrest judgment, the following test controls:
"'In Kansas, all crimes are statutory and the elements necessary to constitute a crime must be gathered wholly from the statute. An information which omits one or more of the essential elements of the crimes it attempts to charge is jurisdictionally and fatally defective, and a conviction based on such an information must be reversed.'" State v. Crockett, 26 Kan. App. 2d 202, 205, 987 P.2d 1101 (1999) (quoting State v. Sanford, 250 Kan. 592, 601, 830 P.2d 14 [1992]).
We look first at the sufficiency of the complaint's allegation of conspiracy.
K.S.A. 21-3302(a) provides:
"A conspiracy is an agreement with another person to commit a crime or to assist in committing a crime. No person may be convicted of a conspiracy unless an overt act in furtherance of such conspiracy is alleged and proved to have been committed by such person or by a co-conspirator."
Sweat relies upon Crockett in support of her argument that the complaint is fatally defective because it failed to allege the particular overt act committed by her or Fierro in furtherance of their conspiracy. Crockett also was convicted of conspiracy to commit first- degree murder. The charging document in his case read:
"'Raymond J. Crockett, Jr. and one Ronnell F. Jones did unlawfully, feloniously, knowingly and willfully enter into an agreement with one another to commit a crime, to-wit: First Degree Murder, as defined by K.S.A. §21-3401, and in furtherance of such agreement committed the following overt acts, to-wit: planning on the time, location and manner of killing Terrance Canada, in violation of K.S.A. §21-3302.'" 26 Kan. App. 2d at 203.
On appeal, a panel of this court first noted that K.S.A. 21-3302(a) requires a charge of conspiracy to include an allegation of the overt act upon which the charge is based. The panel then held that conversations among coconspirators to form and plan the conspiracy did not qualify as overt acts in furtherance of it. Thus the charging document alleging "'planning on the time, location and manner'" of killing the victim was fatally defective. 26 Kan. App. 2d 202, Syl. ¶¶ 5 and 6.
The flaw in the complaint in this case is even more obvious than the flaw in Crockett's information. Sweat's complaint does not even attempt to allege any specific overt act committed in furtherance of the conspiracy. It is not sufficient to say merely that the defendant willfully agreed with another person to commit the crime or to assist in committing the crime. Her conspiracy conviction must therefore be reversed; the district court lacked jurisdiction to try her on that charge.
We reach the opposite conclusion on the attempt charge.
On this charge, Sweat first argues the language of the complaint was defective because it also omitted any allegation of a specific overt act.
K.S.A. 21-3301(a) provides in relevant part: "An attempt is any overt act toward the perpetration of a crime done by a person who intends to commit such crime but fails in the perpetration thereof or is prevented or intercepted in executing such crime."
Sweat's argument is without merit. The attempt statute is different from the conspiracy statute because attempt does not include a requirement that the overt act be "alleged" as well as proved. See K.S.A. 21-3302(a).
Furthermore, State v. Humphrey, 252 Kan. 6, 845 P.2d 592 (1992), resolved this issue adversely to Sweat. Humphrey was charged with two counts of attempted first-degree murder, and the complaint read in pertinent part: "'[Humphrey] unlawfully, feloniously and willfully [committed] an overt act towards the perpetration of the crime of Premeditated Murder of Tina [Gray] on 12-22-87 as defined by Section 21-3401 K.S.A. with the intent to commit said crime, but failed in the perpetration thereof.'" 252 Kan. at 28. As in this case, Humphrey argued on appeal that the information was fatally defective and void because it did "'not state what the overt act was nor does the information state why or how there was a failure in the perpetration thereof.'" 252 Kan. at 28. The Kansas Supreme Court ruled that such specificity was not required.
Sweat's second argument attacking the language of the complaint on attempt is based on the State's presentation of evidence of multiple overt acts toward the perpetration of the crime of first-degree murder. Sweat contends that a real possibility that jurors might not be unanimous on the particular overt act existed, and she points to State v. Smith, 268 Kan. 222, 993 P.2d 1213 (1999), for support. Smith is distinguishable from this case because it deals with a conspiracy charge rather than an attempt charge.
State v. Kleypas, 272 Kan. ___, 40 P.3d 139 (2001), provides more guidance on this multiple acts challenge to the attempt charge. Kleypas argued that an attempted rape jury instruction was clearly erroneous because it failed to specify the overt act that would support conviction. Because the jury was required to be unanimous on the overt act committed, he argued, the court should have required either that the State elect an overt act or that the jury instructions include a multiple acts unanimity instruction. The Kansas Supreme Court rejected Kleypas' argument:
"[T]he attempted rape charge at hand presents neither a multiple acts nor an alternative means situation. The possible overt acts need not themselves be illegal or chargeable as criminal offenses and, thus, this is not a multiple acts case. Nor are the overt acts alternative means of committing the offense. Rather, they are acts, however innocent in themselves, which signify and trigger liability for the offense of attempt. As such, there was no requirement that the jury be instructed as to a specific overt act." 272 Kan. at ___.
Applying Kleypas to this case, the failure to specify a single overt act for the jury to rely upon on the attempt charge did not create a multiple acts problem.
Suppression of Statements
Sweat also argues on appeal that her statements to police should have been suppressed because she had taken eight Valium in the hour before she was interviewed. She also testified that she had trouble walking into the building where she was interviewed, that she was very tired during the interview, that she was not aware of all of the questions being asked, and that one of the detectives had asked her if she was going to pass out. She also said she did not remember signing the form waiving her Miranda rights. After a hearing in which the district court viewed at least part of the videotape of Sweat's interview with the detectives, Sweat's motion to suppress her statements to the police was denied.
"Voluntariness of a confession is determined from the totality of the circumstances, and where a trial court conducts a full prehearing on the admissibility of extrajudicial statements by the accused, determines the statements were freely and voluntarily given, and admits the statements into evidence at trial, appellate courts accept that determination if supported by substantial competent evidence and do not attempt to reweigh the evidence." State v. McCorkendale, 267 Kan. 263, 270-71, 979 P.2d 1239 (1999).
In State v. Norris, 244 Kan. 326, 768 P.2d 296 (1989), Norris argued his statements were involuntary because of pain from an injury, lack of sleep, and intoxication. He had consumed more than half of a case of beer and some whiskey the day of the murder; and his treating doctor, an arresting officer, and a detective conducting the interrogation all noticed an odor of alcohol. However, no one observed anything unusual about his speech or mannerisms to suggest intoxication. Norris' speech sounded normal and clear in the tape recording of the interrogation.
The Norris court first noted that "'[t]he fact that an accused had been drinking and using drugs does not per se establish involuntariness.'" 244 Kan. at 334-35 (quoting State v. Baker, 4 Kan. App. 2d 340, 343, 606 P.2d 120 [1980]). Noting that the defendant's trial testimony did not deviate significantly from his statements during the interrogation, the court concluded substantial competent evidence supported admission of the statements.
Similarly in State v. Cribbs, 29 Kan. App. 2d ___, ___, 34 P.3d 76 (2001), Cribbs argued he was entitled to suppression of his statement to police because he testified that he was smoking marijuana and freebasing crack before the interview. An interviewing officer testified that Cribbs stuttered when he got nervous and cried during part of the interview, but he appeared to be sober, was not glassy-eyed, did not slur his speech, and had normal balance. The officer did not smell any intoxicants, and Cribbs did not admit to any drug use that day.
Relying on Norris, this court first noted that drinking and drug use does not per se establish involuntariness. Pointing out that the defendant's statements outlined essentially the same version of events he later testified to, we found that, under the totality of the circumstances, substantial competent evidence supported the district court's finding of voluntariness. Cribbs, 29 Kan. App. 2d at ___.
This case is analogous to Norris and Cribbs. First, Sweat's version of events at the interview was substantially the same as her testimony at trial; the only significant difference was her early denial that she knew the shooter. Second, evidence was presented that Sweat took Valium prior to the interview, and the officers had some knowledge of this. Although she appeared tired, the interviewing officers testified that she did not appear to be under the influence of alcohol or drugs, did not appear irrational, and appeared to understand and answer the questions appropriately. The district court reviewed the videotape and pointed out that she never said she did not understand a question, that she told her side of the story without interruption, and that she did not appear to be a person who was impaired by her ingestion of Valium.
The videotape of the interview and the officers' testimony provide substantial competent evidence to support the district court's finding of voluntariness. During the interview, Sweat spoke very clearly, was animated at times, argued with the officers, and appeared to understand what was going on. Although she intermittently put her head down, she appeared to adopt this posture when her responses were being challenged. The only time she put her head down for an extended period of time was when the officers were outside of the room. There was no error in the district court's denial of her motion to suppress.
Testimony of Defense Attorney's Former Client
Before trial, the prosecutor moved to endorse Kerri Raine as a witness. Defense counsel objected because he had represented Raine on a separate criminal matter while she was sharing a cell with Sweat. The district court granted the motion to endorse.
When the State called Raine as a witness during Sweat's trial, defense counsel again objected because of the prior representation. The following colloquy then occurred:
"MR. FRIEDEN: Even before the jury gets in here, I do want to note my objection to Miss Raine's testimony. I represented her previously. I want to note my objection. I think we've argued about this at the motion for endorsement of witnesses, so now that Miss Raine is now in the room.
"THE COURT: As I understand it your representation of
her was in another entirely different matter.
"MR. FRIEDEN: Yes, not related to this.
"THE COURT: She's been incarcerated as a result of that, but the questions that are going to be p[ropounded] to her today have nothing to do with that incarceration?
"MR. FRIEDEN: No.
"THE COURT: And I'm not sure what, if in fact
"MR. FRIEDEN: I know Miss Raine. I know that she may object to me cross-examining her. I don't know whether she would or not, but I do want to point out my prior representation.
"THE COURT: You're representing an entirely different client in an entirely different matter. You know you're not the first public defender to be put in this position, and there is no conflict."
Raine ultimately testified Sweat had told her while they were sharing a cell that Sweat and "some little boy" had planned to scare Eddens because he was threatening to tell Sweat's husband something, and Eddens had $10,000 to $20,000 in his house. Sweat described purchasing syringes at a drugstore in preparation for the crime and said she was worried police would obtain a videotape from the store. She also was concerned that the police would find the knife she had dropped at the crime scene, and she said she regretted using the boy because he had told his friends.
The determination of the existence of a conflict of interest requiring disqualification of an attorney is governed by an abuse of discretion standard. See In re Habeas Corpus Petition of Hoang, 245 Kan. 560, 566, 781 P.2d 731 (1989), cert. denied 494 U.S. 1070 (1990). Sweat argues her conviction must be reversed because the district court did not conduct an appropriate inquiry into whether a conflict of interest existed, relying on Holloway v. Arkansas, 435 U.S. 475, 484, 55 L. Ed. 2d 426, 98 S. Ct. 1173 (1978); Hoang, 245 Kan. at 565-66; and State v. Jenkins, 257 Kan. 1074, 1081, 898 P.2d 1121 (1995).
In Holloway, three codefendants filed pretrial motions for appointment of separate counsel after their appointed counsel said there was a risk of representing conflicting interests. The district court denied the motions and the codefendants were convicted. On appeal, the United States Supreme Court found the district court's failure to appoint separate counsel or assure itself that the risk of conflict was slim deprived the petitioners of effective assistance of counsel. Reversal was held to be automatic whenever a district court improperly required joint representation over timely objection. 435 U.S. at 488.
In Hoang, Hoang was represented by counsel from the public defender's office. When the district court was informed that defense counsel's office had represented the key prosecution witness against Hoang, the district court found a conflict of interest existed, disqualified defense counsel, and declared a mistrial. Hoang's new counsel moved to dismiss the charges on the grounds that the mistrial was granted improperly and would result in double jeopardy, and the motion was denied. On appeal, Hoang argued the district court abused its discretion by finding a conflict of interest existed and disqualifying defense counsel.
The Supreme Court first noted the district judge's obligation when faced with a situation in which defense counsel may have a conflict of interest because of prior representation of a prosecution witness:
"The judge must consider the whole picture not just the desires of the parties. The balancing of interests becomes extremely involved. If a defense attorney's scope of cross-examination of a key prosecution witness is restricted to avoid possible violation of the attorney-client privileges of the witness, then the defendant has major claims of ineffective assistance of counsel and lack of a fair trial. If the examination is not restricted, then the witness' attorney-client privilege may be violated. It is a significant public policy that individuals be free to disclose confidential information to their attorneys without fear of subsequent examination on and disclosure of those communications. The judge has a duty to maintain the integrity of the administration of the justice system." 245 Kan. at 562.
The court concluded the district court did not abuse its discretion in finding a conflict and disqualifying counsel. The court further concluded that, under Rule 1.10 of the Model Rules of Professional Conduct, the district court could have found Hoang's defense counsel had imputed knowledge of any confidential information relayed by the witness to his public defender. 245 Kan. at 566; see 2001 Kan. Ct. R. Annot. 365.
In Jenkins, the defendant argued he was denied effective assistance of counsel because defense counsel had represented the key prosecution witness on unrelated charges. The Kansas Supreme Court relied on Holloway and Hoang and held:
"[W]here the trial court is advised of the possibility of a conflict by either the defendant or the State, the court is required to initiate an inquiry to insure that the defendant's Sixth Amendment right to counsel is not violated. In this instance, a showing that there is an actual conflict of interest will result in automatic reversal." 257 Kan. at 1084.
Because the district court was aware of the conflict but failed to inquire further, Jenkins' conviction was reversed and his case remanded for new trial.
This case is distinguishable. Here, defense counsel represented an adverse prosecution witness and Sweat on separate cases but at the same time they were sharing a jail cell. Raine's testimony against Sweat had nothing to do with Raine's separate case. Defense counsel properly brought the simultaneous representation to the attention of the district judge, and the district judge properly gave counsel an opportunity to explain the nature of any conflict. Defense counsel did not articulate any actual conflict of interest that would prevent him from representing Sweat to the best of his ability. The fact that Raine had no fondness for her former lawyer, as counsel's remarks and her eventual testimony demonstrated, did not necessitate either disqualification of counsel or exclusion of Raine's evidence against Sweat. There was no abuse of discretion on the part of the district court.
Admission of Photograph of Victim's Injuries
During Eddens' testimony, the prosecution admitted a photograph of him taken at the hospital, which showed Eddens' intestines outside of his abdomen. Defense counsel's objection to the admission of the photograph was overruled. Sweat argues that the ruling on this objection was an abuse of the district court's discretion. See State v. Gholston, 272 Kan. ___, Syl. ¶ 2, 35 P.3d 868 (2001) (in determining whether photograph should be admitted, district court must determine relevance, existence of proper foundation; district court has broad discretion). In her view, the photograph was shocking, revolting, and prejudicial; and its probative value was limited because no testimony accompanied its presentation to the jury.
In Gholston, the Kansas Supreme Court noted that photographs that illustrate the nature or extent of wounds inflicted can be admissible when they corroborate the testimony of witnesses or are relevant. Photographs that prove the elements of the crime, including the fact and manner of a death or the violent nature of the crime, are relevant and admissible. 272 Kan. at ___.
Recently the Kansas Supreme Court said: "Photographs which are unduly repetitious, gruesome, and without probative value should not be admitted into evidence. Nevertheless, demonstrative photographs are not inadmissible merely because they are gruesome and shocking where they are true reproductions of relevant physical facts and material conditions at issue." State v. Kirby, 272 Kan. ___, Syl. ¶ 9, 39 P.3d 1 (2002.)
It is true that the photograph of Eddens admitted in this case was gruesome and the manner in which the injury was inflicted was not in dispute, but the photograph corroborated both the responding officer's description of Eddens' injuries and Eddens' own testimony without being unduly repetitive. The photograph tended to support the attempted first-degree murder charge. The district court did not abuse its discretion by admitting the photograph into evidence.
Testimony About Codefendant's Violent Behavior and Statements
Sweat's son, Marcus Hill, testified at her trial. When defense counsel asked Hill "what type of person" Fierro was, the prosecutor objected on relevance grounds. The defense proffered testimony that Fierro was a violent personalways getting into fights; harming animals; and talking about guns, shooting people, and getting into the Mafia. Hill also said he had seen Fierro selling guns.
The district court disallowed the testimony:
"Specific instances of conduct are not allowable to try to determine conduct on a specific occasion. So, if that's what you're pointing at. Of course, Mr. Fierro has admitted to being the one who carried the gun, who shot the victim in this case and I don't think it, his testimony bears on this case. I don't think it's relevant. I don't think it's admissible as relating to his reputation in the community."
We review the district court's refusal to admit this evidence under an abuse of discretion standard. See State v. Matson, 260 Kan. 366, 378-79, 921 P.2d 790 (1966).
Sweat contends her son should have been permitted to testify under K.S.A. 60-446, K.S.A. 60-447, and State v. Blackburn, 251 Kan. 787, Syl. ¶ 2, 840 P.2d 497 (1992).
K.S.A. 60-446 provides: "When a person's character or a trait of his or her character is in issue, it may be proved by testimony in the form of opinion, evidence of reputation, or evidence of specific instances of the person's conduct, subject, however, to the limitations of K.S.A. 60-447 and 60-448."
K.S.A. 60-447 provides:
"Subject to K.S.A. 60-448, when a trait of a person's character is relevant as tending to prove conduct on a specified occasion, such trait may be proved in the same manner as provided by K.S.A. 60-446, except that (a) evidence of specific instances of conduct other than evidence of conviction of a crime which tends to prove the trait to be bad shall be inadmissible, and (b) in a criminal action evidence of a trait of an accused's character as tending to prove guilt or innocence of the offense charged, (i) may not be excluded by the judge under K.S.A. 60-445 if offered by the accused to prove innocence, and (ii) if offered by the prosecution to prove guilt, may be admitted only after the accused has introduced evidence of his or her good character."
The threshold question that must be answered before these statutes come into play is: Was Fierro's character or a trait of his character in issue? The answer is no. Other than his tendency to be truthful or untruthful, neither Fierro's character nor any particular trait of his character was placed in issue by his or any other testimony. In Blackburn, the witness in question was the defendant, and he placed his violent propensity or lack thereof in issue by denying that he would ever engage in the type of conduct alleged. Fierro did not deny that he shot Eddens and caused grievous injury. He admitted this act of dramatic violence from the beginning. The district court did not abuse its discretion in denying admission of Hill's testimony to prove Fierro's violent nature under 60-446, 60-447, or Blackburn.
On this issue, the State also argues K.S.A. 60-422(c) made Hill's testimony inadmissible.
K.S.A. 60-422 provides in relevant part:
"As affecting the credibility of a witness . . . (c) evidence of traits of his or her character other than honesty or veracity or their opposites, shall be inadmissible; (d) evidence of specific instances of his or her conduct relevant only as tending to prove a trait of his or her character, shall be inadmissible."
The State is correct that, to the extent Sweat was attempting to call Fierro's credibility into question with Hill's testimony, 60-422(c) and (d) supported the district court's ruling. The Kansas Supreme Court has held that K.S.A. 60-422(c) and (d) limit the proof of character traits of dishonesty and lack of veracity to opinion testimony and evidence of reputation permitted by K.S.A. 60-446. See State v. Smallwood, 223 Kan. 320, 326, 574 P.2d 1361 (1978). The proffered testimony included both specific instances of conduct Hill had observed and general testimony about Fierro's violent character. None of this proffered testimony was relevant to Fierro's honesty or veracity. Again, to the extent the district court may have relied upon 60-422(c) or (d) to exclude Hill's testimony, there was no abuse of discretion.
Ineffective Assistance of Counsel
Before she was sentenced, Sweat submitted a written statement to the court, alleging she had received ineffective assistance of counsel. The statement read in pertinent part:
"There were no circumstances that led up to the offense. I do feel I have been wrongfully accused of the conspiracy charge. I feel I had inadequate representation and would like to appeal my case.
. . . .
". . . There is a lot of evidence that didn't come up in Court that should have. . . . I feel my trial was rushed . . . . My trial was less than a week from start to finish and a lot of evidence was not submitted by either side. Also there were phone records I was waiting on, in which I told my attorney but he never mentioned them. I feel I had inadequate, and insufficient representation."
In response to these vague complaints, the district court found "that counsel was certainly adequate at trial, if not more than adequate."
Since she took this appeal, Sweat has sought a remand for an evidentiary hearing on this issue, but her request focused upon her argument that her counsel had a conflict of interest because of his representation of Raine. Having disposed of that issue adversely to Sweat above, no remand for an evidentiary hearing is necessary.
Sentencing Disparity
Sweat's last issue on appeal focuses on the difference between her sentence and that given to Fierro.
Sweat's criminal history score was E. The district court sentenced Sweat to 234 months for attempted first-degree murder, 117 months for conspiracy to commit first-degree murder, and 32 months for aggravated burglary, all to run consecutively. Fierro's criminal history score was G. He was sentenced to 195 months for attempted first-degree murder, 117 months for conspiracy to commit first-degree murder, and 32 months for aggravated burglary, all to run concurrently.
The district court had this to say at the time:
"Miss Sweat, I sat through this entire trial. I also took the plea from Mr. Fierro and I've been privy to the information that the police had in this matter by way of the case and by way of the plea of the co-defendant in this case. And it's clear to this court, and I think it's clear to anyone who listened to the evidence in this case, that you were the one who planned this and that you were the perpetrator of this action, for whatever reason, to get even with Mr. Eddens. I don't think we ever understood that relationship that existed between the two of you. I don't think we know what the truth of that matter is. But we know that the truth of the matter is, as far as the jury saw it and as far as those who sat in this courtroom and listened to testimony, and especially your testimony, that Mr. Eddens is a very lucky person to be alive.
"It has always been this court's position that someone who plans and takes the life of another personand I have expressed this publicly beforeif someone plans and kills another person that they perhaps forfeit their right to live. And that has been my position on the death penalty.
"In this particular case you planned to kill somebody and you took steps towards that, and fortunately this person did not die. You've taken away from his life. WeI can't say how much of Mr. Edden's life has been taken away from him. I do know that because of your prior criminal history and the fact that you stand before this court today with a criminal history of E, which elevates the sentence that the court has to give you, your sentence in this case is going to be substantial. And you're a 36 year old woman who as a result of your actions today and as a result of the actions that you've taken with another person and to bring an 18 year old boy into a scheme to kill somebody who's a, by testimony of everybody, the best friend of your son, is something that needs to be severely punished. And anyone out there who thinks that you can go around and try to draw up a scheme to kill somebody simply because you have a disagreement with them, whatever that disagreement may be, needs to know that those acts do not go unpunished."
Sweat argues the district court did not provide adequate reasons on the record for the disparity in sentences and that her culpability relative to Fierro was the same.
"Generally, disparity in the sentences of codefendants does not amount to abuse of discretion where the trial court considers the individual characteristics of the defendant being sentenced, the harm caused by that defendant, and the prior criminal conduct of that defendant." State v. Smith, 254 Kan. 144, Syl. ¶ 4, 864 P.2d 709 (1993).
"A trial judge is not bound to sentence a defendant to a term equal to or shorter than the sentence given his or her codefendant. When a defendant receives a longer sentence than his or her codefendant, and reasons therefor appear in the record, the sentence imposed will be tested on appeal against a standard of abuse of discretion." 254 Kan. 144, Syl. ¶ 5.
Both Sweat and Fierro were given the standard sentences in the grid boxes for their convictions. The major difference in their controlling terms arose out of the district court's decision to sentence Sweat consecutively and Fierro concurrently. Sweat's controlling term is 383 months, while Fierro's controlling term is 195 months. If Sweat's sentences also had been imposed concurrently, she would have a controlling term of 234 months.
Sweat relies primarily upon State v. Bailey, 251 Kan. 527, 834 P.2d 1353 (1992), in which two defendants were convicted of the same crimes and given identical sentences; however, one was to serve the sentences consecutively and the other concurrently. This meant one defendant had to serve 45 years before becoming eligible for parole, while the other had to serve 30 years.
The sentencing court summarily dismissed an argument based on the wide difference in parole eligibility by finding the codefendant's sentence irrelevant. The Kansas Supreme Court held the district court abused its discretion by not considering the disparity and ruled the district court must state its reason on the record for imposing a longer sentence on one defendant. 251 Kan. at 531.
Bailey does not control here. Although the district court did not specifically compare Sweat's and Fierro's sentences, it noted its involvement in accepting Fierro's plea and articulated its reasons for imposing Sweat's terms of imprisonment. The district court specifically mentioned that Sweat had planned Eddens' murder and that she had engaged in her behavior because she wanted to get even with the victim. The court also noted that her sentence would be elevated because of her criminal history and said she needed to be "severely punished" because she convinced her son's 18-year-old friend to help her. The evidence presented clearly supported these statements by the district court, and these statements constituted an adequate on-the-record rationale for the sentencing difference. The district court did not abuse its discretion.
Affirmed in part and reversed in part.


text:
Sunday Sweets: So Stinkin' Cute
This week we're featuring some of the sweetest, cutest, most adorable, lovable, um... [consulting thesaurus] darling, bewitching, and fetching baby animal cakes you ever will see. Why? Well, if you must know, I'm feeling a bit sensitive this week.
This is john, by the way.
So, let me just get my box of tissues and we'll do this thing. Starting with Jen's favorite:
The hand-painted shading here is amazing. And the animals are adorable. And the lion isn't eating the zebra or the giraffe. So it's a win-win-win.
See how the monkey and giraffe cower in fear as the mighty tiger stalks his prey? Can you feel the tension? Can. You. FEEL IT?!?! No?
And now... sweet sleeping dragon!
Awwww. Okay. *sniff* I'm all verklempt. *sniff* I promised myself I wouldn't cry...
[blowing nose]
Hey! Look! Pandas!
Literally. I think the lack of neck really adds to the adorabletude, don't you?
So. Cool. Jen says this reminds her of some Lisa Frank folders she had in middle school. Which she claims is a huge compliment. So there.
And get this: this is Aletha B.'s first cake. Yes, really! Mike, Duff, and Bronwen better watch out, 'cuz Aletha B.'s coming, and she's got a Cthulhu.
Adorable. And hip. Oh. Yeah.
Another of Jen's favorites:
a unicorn with a comb-over:
You're welcome.
One's for little kids:
UPDATE!!!! The random number generator hath spoken! The winners are:
GrammaR @ 2:20 PM for the first book and
Ai @ 8:51 PM for the second!
Please email your addresses to comments (at) cakewrecks.com so we can mail out your prizes. And thanks to everyone for your great comments!
Wreck On!
-john (the hubby of Jen)
Have a Sweet to nominate? Then send it to Sunday Sweets [at] Cake Wrecks [dot] com.

subset: commoncrawl


text:
A few days ago, I posted an article on saving money on fuel during your commute. While all of those tips were useful, one in particular can really reduce your fuel costs when commuting – buying a more fuel-efficient car. But what does that really mean in terms of dollars and cents?
Before you even begin talking about how much you're saving in terms of increased fuel efficiency, you have to determine some of the numbers you're working with.
First off, how much does a gallon of gas cost? Right now, the gas station nearest to my home charges $3.999 for a non-premium gallon. So, we'll go with that – $4 per gallon.
You also need to know how many miles you expect to get out of your car after you buy it. It really depends on the age of the car that you buy. If you buy a new or nearly new car, you might get as many as 150,000 miles out of it. For an old car, you might be lucky to get 50,000 more miles out of it. Let's go with a happy medium – 100,000 miles.
So, what is fuel efficiency actually worth when you're buying gas at $4 per gallon and intend to cover 100,000 miles in that car? Let's look at some different fuel efficiency numbers.
If the car you buy gets 15 miles per gallon, that means it's going to slurp down 6667 gallons over the time you drive that car. At $4 per gallon, that adds up to $26,668 in fuel costs.
If you bump that up to 20 miles per gallon, that means it's only going to use 5,000 gallons over the period that you own the car. At $4 per gallon, the total fuel cost is $20,000.
Let's say your vehicle gets 25 miles per gallon. In that case, it only uses 4,000 gallons over that 100,000 mile life span. At $4 per gallon, that adds up to $16,000.
What about 30 miles per gallon? If you're looking at 30 miles per gallon, the vehicle consumes only 3,333 gallons of gas. At $4 per gallon, that adds up to $13,334 in fuel costs.
What about 40 miles per gallon? In that situation, you're looking at a consumption of 2,500 gallons over the life span, which, at $4 a gallon, adds up to only $10,000 in fuel costs.
Fuel efficiency is a tremendous savings. If you choose a 40 mpg car over a 15 mpg car, you're saving $16,668 in fuel costs over the next 100,000 miles (assuming fuel stays at $4 per gallon). That's enough to buy your next replacement car.
A good rule of thumb to use, assuming you are going to be driving the car for a long while and assuming that fuel prices continue to inch upwards, is that for every single mpg that one car has higher than another car, you're saving $1,000 in fuel over the lifetime of that car. It's not a perfect rule and it particularly breaks down for comparing cars well above 25 miles per gallon, but it's a good one for giving yourself an estimate of the value of fuel efficiency when shopping around.
Fuel efficiency is simply an enormous financial consideration when buying a car. Buying a car that is 10 miles per gallon more efficient in terms of fuel consumption than the other option can easily save you $10,000 over the lifetime that you own the car. Keep that in mind when you shop around.
The post What Is Fuel Efficiency Really Worth? appeared first on The Simple Dollar.


text:
- Home
- News
- Sports
- Opinion
- Obituaries
- Features
- Special Sections
- Classifieds
- Public Notices
SCMS 14, North Oldham 6
The Spencer County Middle School Grizzly Football team travelled to Goshen on Tuesday night to take on North Oldham Middle.
The game started with North Oldham driving down the field surprisingly easy. They would score on a 2-yard run off tackle and the extra point to take the lead 7-0.
If you currently subscribe or have subscribed in the past to the The Spencer Magnet, then simply find your account number on your mailing label and enter it below.
Click the question mark below to see where your account ID appears on your mailing label.
|ZIP Code:


text:
What Do Boll Weevil Restaurants Offer?With wholesome, hearty, and healthy food choices, Boll Weevil Restaurants continue a San Diego tradition begun in 1967 of serving great food to the community. Come on in and join us in a relaxing and comfortable atmosphere, fun for friends and family.
While each Boll Weevil has some unique menu items, they offer many of the same favorites - burgers, tummy warmers, meal-sized salads, chicken (fried or breaded), sandwiches, and more. Check out each location's full menu to see what's cooking. You'll find these popular items at any location...
Boll Weevil Food
Boll Weevil 1/2 LB. Steerburgers
Chicken Sandwiches and Dinners
Shrimp and Fish Dinners
Sandwiches and Appetizers
Soups, Salads and much more...
Food to Go
Hosting celebrations and meetings
Boll Weevil Beverages
Iced Tea and Soft Drinks
Beer On Tap - each location
Wine - most locations
Cocktails - Clairemont Mesa only
See each location for their Happy Hour and other specials!
Boll Weevil Fun
Pool Tables
Big Screen TVs for Sports
Video Games
Digital Jukeboxes
Want To Host Your Own Party or Meeting at our Restaurant? - Call Us!
Five Restaurant LocationsThere are five Boll Weevil Restaurant locations in the Greater San Diego County area to serve you. Please visit each of the their location pages to see which one fits the bill for you today!
Clairemont Mesa Boll Weevil
Located between SR-163 and I-15 on Clairemont Mesa Boulevard at the corner of Ruffin Rd.
Imperial Beach Boll Weevil
Located in the Southland Plaza in Imperial Beach just off the I-5 at Palm Ave
Lakeside Boll Weevil
Located in Lakeside just South off of Hwy 67 at the Winter Gardens Blvd exit
Lemon Grove Boll Weevil
Located at the College Ave. exit off the SR-94. Go South after exiting the freeway, turn left on Federal Blvd and then make another left at the next light
Ramona Boll Weevil
Located at the West edge of Ramona next to Ron's Tire and Brake


text:
- The lighting is too low and the menu is in such fine print that it is really very difficult to read. There is sometimes being cool is just not practical.
- The hour wait for 2 burgers, fries and onions rings is taking the piss a bit. In Spanish they say "El Chef esta rascandose las pelotas" I think they were doing that here also. Although I hope not.
Back to living in North London. Doing two of my favourite things. Cooking and eating.
Sunday, 13 November 2011
An Underwhelming Feeling @ Meat Liquor
5 comments:
- The Perfect Trough said...
Shame to see you had bad service. We actually fared pretty well.
Food came after about 20 mins - a couple of subsequent rounds of drinks were alittle slow and needed a nudge.
Guess it was really busy when you were there, or teething problems? An hour for a burger is BS, cult status or not.
- 14 November 2011 at 09:37
- Mzungu said...
PT - It was pretty busy when we arrived and still busy when we left.
I'm hoping it's a glitch they will overcome as ........
- 14 November 2011 at 22:14
- Kay @ Chopstix2Steaknives said...
From the many that I've read, it seems that waiting forever seems to be the norm. I do wonder whether is it worth the wait?
I'll have to see for myself but at the moment, do not have the pressing urge to head there immediately. =)
- 18 November 2011 at 12:45
Teething problem- just been there for lunch. Seated in 2 minutes. Served in 5 meal in about 15.
- 24 November 2011 at 15:07
- Mzungu said...
Kay - If they could speed things up, then all will be good, especially with those cocktails.
Anom - I think the more quieter lunchtime service is the way forward at the moment. I'm hoping it is only teething problems as I want more .....
- 24 November 2011 at 20:08


text:
Thank you. You should be receiving a reset link at the email address you provided shortly.
Fill out the form below
*First Name
*Last Name
*Email Address
*Phone Number
Best Time
Thank you for your interest in this program. We should be contacting you shortly.
This course will provide opportunities to work in Long Term Care facilities, assisting residents with activities and social needs. After completing the course, you will be able to work as an Activity Director in a Long Term Care setting.
Prepares You For...
The Activity Director will be a prepared to work in a
Certificate of Completion
What You'll Learn...
This program provides you a window into the history of long term care. In addition, program participants will study industry regulations, communications, advocacy, ethics, service delivery, and volunteer management.
Upon completion of this program you will:
The professional opportunities to care for the growing number of people who will use the supportive assistance offered in day treatment, assisted living, and long-term care settings are expanding faster than professionals can be trained. These positions can be rewarding, challenging, and fulfilling.
Activity Directors are responsible for directing, implementing and evaluating all resident activities as well as completing comprehensive assessments and care plan goals. Directing the activity program includes planning of activities for both individuals and groups, implementation of the programs, and monitoring the response to the programs in order to determine if the activities meet the care plan goals for residents.
Instructors will cover content that includes professionalism, documentation and ethics, working with residents with special needs, and adapting ideas to certain demographics within a facility. This course enables Activity Directors to excel by emphasizing the diverse nature of long term care residents and by providing a variety of activity ideas: creative, spiritual, physical, social, educational and sensory. The course focuses on developing caring and passionate professionals that are able to create, implement and evaluate resident centered activities that are part of the individualized care plan.
This training is valid in the following states: WA, NM, KS, OK, TX, MN, MO, WI, OH, TN, NH
This program is entirely online and is completed at your own pace. When you register, you receive six (6) months to complete this program.
I. Unit 1
A. History of long-term care
B. Philosophy of person-centered care
C. Basic knowledge of the aging process
D. Misconceptions
E. Physical Changes
F. Cognitive changes: Dementia, Alzheimer's
G. Mental Health/Illness
H. Psychosocial needs
I. Overview of applicable regulations
J. The Survey Process
K. OBRA resident rights
L. Regulations
M. Advocacy in self-determination
N. Resident/family councils
II. Unit 2
A. Types and techniques used for the admission and discharge process
B. Principles of documentation
C. Basic performance skills
D. Management of internal support staff, budgeting, supplies and outside resources
E. Getting to know the person
F. Person Centered Care Plan Development
G. Evaluation of care plan effectiveness
III. Unit 3
A. Role of the Activity Director
B. Programming Options
C. Various therapies in activity programming
D. Options and Uses for Adaptive Equipment and Interventions
E. Management of resident and community volunteers
IV. Unit 4
A. Documentation
B. Infection Control
C. Optimal use of environment
D. Establish and facilitate group and individual participation
E. Clinical experience
This program can be taken from either a Mac or a PC. It is compatible with the Windows XP and later operating systems, Firefox, Chrome (preferred), or IE 7 and later browsers. There are no specific computer requirements other than an Internet connection, e-mail account.
Adobe Flash Player and Adobe Acrobat Reader are required for this program.
Click here to download the Acrobat Reader.
Click here to download the Flash Player.
The instructional materials required for this course are included in enrollment. The following textbooks will be shipped to you approximately 7-10 business days after enrollment:
Copyright © Education To Go. All rights reserved. The material on this site cannot be reproduced or redistributed unless you have obtained prior written permission from Education To Go. Education To Go and ed2go are registered trademarks of Education To Go, a part of Cengage Learning.
A password reset link has been sent to the email address you provided.


text:
Package,Name,Developer,Categoey,Description,App Size,Support Email,Last Updated,Content Rating,Version,Rating,Installs,Age Estimation,Gender Estimation,Device Breakdown,Country Featured,SDKs
com.phantomefx.standalone.brazilianbeauty,"Brazilian Beauty Slot Machine","Scientific Games Interactive",Card Games,"Fire up the drums it's time for CARNIVALE! The party has begun and Brazilian Beauty is here to get your reels spinning, for the first time from WMS Gaming! The Brazilian Beauty Bonus will keep you dancing with the exciting Respin Feature, giving you more chances to win with every spin. Brazilian Beauty is packed with the raucous party of carnivals so join in the festival now! This slot machine is connected to other slots through a casino interface. From the casino floor you can browse to the other slots. Your bankroll is shared between all the machines. Other slots include: - Brazilian Beauty - HD Slot Machine - Fortune Seeker - HD Slot Machine - Kilauea - HD Slot Machine - Reels O Dublin - HD Slot Machine - Shimmer Beauty - HD Slot Machine If you like playing these slots solo, you might also want to try playing the slots in tournaments! Buy in to tournaments using your earnings from solo play. Then see how many credits you can win in a set number of spins. You will be competing against other players spinning the same slots with the same number of spins. Earn a high score in a tournament and rake in some serious dough! All our slots are for entertainment purposes only. No real money is wagered, earned or lost. The payout percentages on our slots is higher than slots in actual casinos and you should not expect similar results.",19 MB,email@example.com,05/16/2018,Teen,1.0,658,+20 Thousand,"18-24:23%, 25-34:31%, 34-44:23%, 45-54:11%, 55-64:9%","Male: 60%, Femalle: 40%","Smartphone: 86%, Tablet: 14%","",""


text:
The purpose behind Yoga, according to Patanjali, is seeing things as they really are, not as our minds construct them to be; to do this, the ultimate goal or teleology of Yogic practice is to cease the fluctuations of the mind, to calm the sem, that part of our minds that generates an annoying 60,000 random thoughts per day (vrittis) and mostly misperceives samsara (the manifestations of prakrti, or worldly phenomenology), and can lead us down paths of irreality. This calming of the mind's thoughts causes suffering to cease, the ultimate goal of what Yoga can do for us. Life is, after all, what you think it is, and how you nonreact to all its myriad evolutes (which are all so very interesting!).
During the next three years, I will devote myself to writing about each of Patanjali's sutras, sequentially, contained in his remarkable 2nd-century BCE text, with a focus on analyzing the text in terms of its classical Greek and Latin roots of the fine English translation, and then providing an individual's exegesis of the text itself, based upon my own wonderful experience with Yoga (and also qigong) thus far. It has been said that memorizing the Sanskrit text of the Yoga-Sutra in and of itself can re-pattern the mind; I am most curious to see if this phenomenon is also metalinguistic, that is, can English and its root words via Greek and Latin effect (hence, a tri-lingual, diachronic linguistic heritage) the same transformation?
Last post I focused on the Latin roots of the Yoga-Sutra: Chapter 1: Aphorism 17: At first the stilling process is accompanied by four kinds of cognition: analytical thinking, insight, bliss, and feeling like a self. This post I move on to: Aphorism 18: Later, after one practices steadily to bring all thought to a standstill, these four kinds of cognition fall away, leaving only a store of latent impressions in the depth memory.
Let's first take a look at a couple of the most important Latin and Greek root words of this sutra:
Practices: From the Greek root word praktikos: active, fit for action, business-like,which is related to pragma, pragmatos: deed, act. Practice is nothing more than doing; praxis is a fancier word for the same idea. Numerous SAT and GRE derivatives come via this word, such as impracticality, pragmatic, pragmatism, malpractice, and practiced (adj.).
Cognition: From the Latin root word cognosco, cognoscere, cognovi, cognitum: to learn, know. Cognition is the act of learning or knowing (in an extremely broad sense). Other fine SAT and GRE derivatives that come from this root include cognitive, incognito, quaint, reconnaissance, reconnoiter, cognoscenti, and prognosis.
Latent: From the Latin root word lateo, latere: to lie hidden, lurk. A "latent" impression "lies hidden" until being spurred to reappear, in this case in a later life. Note that the "-ent" suffix is nothing more than a present active participle ending, hence "latent" is "lying hidden." Latency is another key derivative, simply the substantive form of "latent."
Impressions: From the Latin root word premo, premere, pressi, pressum: press, crush, overpower, exert force upon. An "impression" is simply that which is "exerted upon" something else, in this case, the experiences of one's life being "pressed upon" one's memory. This Latin root word is prolific, to wit: compression, suppress, oppressive, impressionable, repressive, irrepressible, etc. A complete list of over 100 derivatives can be found via Word Empire III: Clarity, the most comprehensive Greek and Roots etymology dictionary available today.
Memory: Via the Latin root word memoro, memorare: to recall to mind; to remind. Memory is the ability to recall something to mind, which intimates that all impressions are there in the mind of past experiences or objects perceived, but it's the power of the memory that enables one to retrieve those perceptions. Other SAT and GRE level vocabulary from this includes: memorial, commemorate, memoir, memorandum, immemorial, and memorabilia.
Now let's move on to Aphorism 18: Later, after one practices steadily to bring all thought to a standstill, these four kinds of cognition fall away, leaving only a store of latent impressions in the depth memory.
The idea behind Yoga is to still the fluctuations of the mind, clearing it in order to be able to attain samadhi, or enlightenment, which brings true joy and a vision of things as they really are. When one is no longer plagued by the four forms of cognition, or analytical thinking, insight, bliss, and feeling like a self, they do not disappear, but remain lying dormant, as it were, ready at any moment to pop back up again, either during this lifetime or future reincarnations. That is why it is of paramount importance to practice Yoga each and every day, for cognition is very strong, and the cause truly of all worldly woes. It has always been curious to me that the mind, which can bring us so much, can also take away so much; that is, there are as many different worlds of the mind as there are people on this one planet, and clearly they cannot all be "right," but merely see one version of a mind-clouded truth. Yoga stipulates that each and every one of us has divinity immanent in ourselves; that is, we each have a purusa, a transcendent power that is capable, according to Yoga, of omnipotence and omniscience, equal almost in grandeur to Isvara (taking the various forms of Vishnu or Shiva), the One Purusa, the only difference being that Isvara can create worlds, whereas a particulated, unique purusa cannot. So we are all divine, as it were, capable of immense greatness, but this mind that impedes our progress must be dealt with first, and recognized for what it is.
But why? Why the game? Prakrti, the matrix of all evolutes, that which creates all phenomenology, that which forms constantly changing states of matter all about us, is there for purusa, for its entertainment, as it were. The problem is is that our minds take those prakrtic manifestations as reality with a capital "R," which fools the purusa into thinking that it, too, is a part of prakrti, when it, in fact, is not. The mind or citta dupes it, as it were, causing purusa to think that the mind and all its craziness and the world of manifestation is ultimate Reality. Once purusa becomes tired of the never-ending dance of forms (which may takes thousands of lifetimes), it will eventually realize its true self, and all forms of cognition will be seen as what they are, simply yet another form of prakrti. The discipline (and a hard discipline it is) of Yoga speeds along that process, allowing purusa to shine forth more quickly, to gain samadhi more rapidly, to burn the samskaras more quickly, so that purusa may ultimately be liberated, no longer bound by the chains of cognition, no longer chained by duhkha, suffering. Freed to claim its own birthright: omnipotence and omniscience, and ultimately kaivalya, ultimate enlightenment (comparable to the nirvana of Buddhism). The mystic powers of the yogi are hard to conceive of, which Patanjali fully addresses in Book III. Things like teleportation, polymorphing, invisibility, levitation, elephantine strength, moving at the speed of thought, omniscience, and omnipotence. Wow. Unlimited human potential through the taming, and ironically then the harnessing, of the mind. But only through recognition of prakrti for what it is, a long and difficult process. Nihil sine magno labore. Nothing without great effort. Ad astra per aspera. To the stars through hard work. Wouldn't Nietzsche be enthralled vis-a-vis his concept of the Ubermensch, or Overman, concocted in his most well-known brilliant work, Thus Spake Zarathustra?
Fascinated with English vocabulary words? Want to pick them apart into their constituent Greek and Latin roots? Want to know even more SAT and GRE words that come from the Latin root words cedo, cedere, and gnosco, gnoscere? Studying hard for the SAT or GRE verbal section, and just can't get a handle on all of those vocabulary words, which are truly legion? Check out the Greek and Latin roots site Word Empire, where you will find the most comprehensive Greek and Latin roots dictionary available today, and also the most beautiful ... it's in full color, and artistically designed--lexicoaesthetic! There's even a Greek and Latin roots poster available, which nicely illustrates the full power of what Greek and Latin root words can do for you.


text:
Theatrical excursion into the world of the symphony orchestra, uniting The Young Person's Guide (Variations and Fugue on a Theme of Henry Purcell) by Britten and zoological fantasy by Saint-Saëns Music Director: Anton Grishanin Director and an Author of the Text: Alexei Frandetti Set Designer: Timofey Ryabushinsky Lightning Designer: Aivar Salikhov Video: Yan Kalnbersin, Evgeniy Afonin
The Carnival of the Animals (Le carnaval des animaux) is a humorous musical suite of fourteen movements by the French Romantic composer Camille Saint-Saëns. The work was written for private performance by an ad hoc ensemble of two pianos and other instruments, and lasts around 25 minutes.
Following a disastrous concert tour of Germany in 1885–86, Saint-Saëns withdrew to a small Austrian village, where he composed The Carnival of the Animals in February 1886. It is scored for two pianos, two violins, viola, cello, double bass, flute (and piccolo), clarinet (C and B♭), glass harmonica, and xylophone.
From the beginning, Saint-Saëns regarded the work as a piece of fun. On 9 February 1886 he wrote to his publishers Durand in Paris that he was composing a work for the coming Shrove Tuesday, and confessing that he knew he should be working on his Third Symphony, but that this work was "such fun" ("... mais c'est si amusant!"). He had apparently intended to write the work for his students at the École Niedermeyer, but it was first performed at a private concert given by the cellist Charles Lebouc on Shrove Tuesday, 9 March 1886.
A second (private) performance was given on 2 April at the home of Pauline Viardot with an audience including Franz Liszt, a friend of the composer, who had expressed a wish to hear the work. There were other private performances, typically for the French mid-Lent festival of Mi-Carême, but Saint-Saëns was adamant that the work would not be published in his lifetime, seeing it as detracting from his "serious" composer image. He relented only for the famous cello solo The Swan, which forms the penultimate movement of the work, and which was published in 1887 in an arrangement by the composer for cello and solo piano (the original uses two pianos).
Saint-Saëns did specify in his will that the work should be published posthumously. Following his death in December 1921, the work was published by Durand in Paris in April 1922 and the first public performance was given on 25 February 1922 by Concerts Colonne (the orchestra of Édouard Colonne).
Carnival has since become one of Saint-Saëns's best-known works, played by the original eleven instrumentalists, or more often with the full string section of an orchestra. Normally a glockenspiel substitutes for the rare glass harmonica. Ever popular with music teachers and young children, it is often recorded in combination with Prokofiev's Peter and the Wolf or Britten's The Young Person's Guide to the Orchestra.


text:
The Forensic Evidence Team provides support services in the form of crime scene processing, fingerprint identification, and forensic imaging to members of the police department, as well as other agencies. The goals and objectives of the Crime Scene Investigator are the collection, preservation, packaging, transportation, and documentation of physical evidence left at a crime scene.
The Forensic Evidence Team is responsible for investigating and evaluating complex crime scenes occurring inside the City of Columbia, including surrounding jurisdictions upon request. As part of their duties investigators utilize forensic equipment which aids in locating and collecting physical evidence for scientific evaluation and comparison. They also prepare detailed reports relating to their observations and activities. In addition, investigators offer testimony in court regarding their findings and processing methods.
The Forensic Evidence Team concept was introduced in 2003 following a series of murders which exhausted crime scene processing resources and personnel. The department decided to establish a formal team and the first ten members were chosen in September, 2004. The team is currently comprised of twelve members (officers / detectives), a team leader (sergeant) and team commander (Lieutenant).
Personnel Selection
Becoming a member of the Forensic Evidence team involves a formal selection process. All personnel have demonstrated strong characteristics of initiative, job interest, dedication, high availability for work, and a strong desire to conduct crime scene investigations during routine activities. Member have demonstrated an ability to work well with others and be good team members, as well as being able to handle high stress situations.
If selected, members are sent to a basic crime scene school and specialized training. Students learn a wide variety of techniques used to locate, collect, and preserve physical evidence. They are also introduced to a variety of advanced technologies, such as laser documentation, utilizing blood enhancing chemicals, alternative light source applications, and advanced photography techniques. Following the basic academy, investigators receive continuing education through in-service training and other training programs. All members join a professional crime scene organization, provide instruction to other officers and attend a minimum of one crime scene investigation seminar per year.
Crime scene investigation is both challenging and rewarding. However, forensic disciplines are constantly advancing, which requires commitment in order to stay current.
The Crime Scene Van, assigned to the investigations division, is equipped with all the necessary equipment to investigate complex scenes. The Forensic Evidence Team leader directs the usage of the van during day‑to‑day operations. All Forensic Evidence Team members are trained regarding use of the van.
Each member is also assigned, or has available, standard evidence-collection equipment.


text:
Due to a lack of waterproofing, moisture also causes metals to rust and wood to decay. Waterproofing in West Rand can help prevent this. Furthermore unhealthy living areas and weak foundations will affect the property value of property
Also, waterproofing systems can open up the basement area and thereby increase the utility of the buildings size. This also helps in increasing the value of your house in the market.
There are times that we can never curb the forces of nature. This just goes to show that nature is, indeed, powerful and can destroy anything and everything. So, the only way we can do is to provide protection from the raging effects of nature.
One way to do this is through waterproofing. It has been a great technique in preventing the penetration of water to any material.
Whenever you waterproof a material, you apply a certain waterproof matter that is designed to provide utmost protection against the imminent effect of water. This, in turn, serves as a wall between the material and water.
There are many types of waterproofing. One of them is canvas waterproofing. This method is used particularly on materials made of canvas.
In most instances, the typical type of cotton canvas is already a waterproof material. Therefore, it does not need any waterproofing. Its fibers puff up whenever they are exposed to water, thus, it closes the knits of the canvas.
However, because of the canvas' vulnerability to mildew and "bird droppings," it is still subjected to canvas waterproofing. This is because canvas waterproofing does not only protect the canvas from water alone but also from other substance that can cause damage on the item.
It is best that before you start waterproofing, you should first remove the canvas from the boat. This is to ensure that the hard surfaces will not slick. Also, there are waterproofing substances that can cause a damaging reaction against gelcoat.
However, if you find this tedious and very unworkable, try to protect all areas vulnerable to "overspray" instead.
8. Let it dry first.
After waterproofing, let the canvas dry first before reinstalling it. In this manner, the pungent smell will soon be eliminated.
However, experts strongly suggest that after the canvas has been dried, it would be better to apply a second dose of waterproofing. This is to ensure durability on the material. It is still safe to do this and will not affect the fabric's overall condition.
9. Reapply when necessary.
Repeat the process whenever the canvas is exposed in callous condition. Though, experts say that after doing a waterproofing, the protection is guaranteed for one year at the least.
So, now that you know how to do canvas waterproofing, you can be assured that your canvas will always stay in top condition. As they say, it is better to prevent damage than to cure it.
Waterproofing Foundations - You Can Do That


text:
subanark wrote:Remove the healing debuff from fireball, it is complex enough without it, and it ends up being too similar to poison.
Darvin wrote:Also you'll need to buff mystic balance now, since it affects too few glyphs. It only benefitted five glyphs (two of which it only has half-effect on), and you just removed one of them. In fact, APHEELSIK arguably had the strongest synergy with this boon of any glyph to begin with, so that's a pretty significant reduction in its utility. Mystic Balance was already borderline underpowered to begin with, so it definitely needs help now.
subanark wrote:Fireball is already useful is most situations, I don't really think it needs to be more powerful than other glyph in most of those. Wizard already got a buff it damage anyways. Fireball has burst, while poison should be better for taking out strong enemies at the expense of having to explore more tiles. If fireball would need a buff it could be something like: 3 mana for 2 damage per level (although this would mess up various puzzles, and be a nerf to counter-fireball abilities). That would put first strike as the ultimate burst glyph (seeing as you really can only use it once pre fight).
If we compare poison to fireball, we have poison winning out when fighting enemies when you have tiles to explore.
What kind of buff did you have in mind? One thing that I hate about Mystic Balance is when playing as sorcerer it gimps the class's ability to heal from spell casting at higher levels
Users browsing this forum: No registered users and 6 guests


text:
ODU Hosts JMU In CAA Opener
December 01, 2006
By ODU Athletics
By ODU Athletics
Dec. 1, 2006
Complete Release in PDF Format
Download Free Acrobat Reader
The Monarchs (5-2) open up CAA play Saturday when they host the Dukes of James Madison(2-3) at 12 noon in the Constant Center. JMU is led by 6-5 sophomore forward JOe Posey (17.0 ppg), while 2006 CAA Rookie of the Year Juwann James is averaging 16.6 points and 5.2 rebounds per game.
Saturday's game is the Joy Fund game with partial proceeds from the contest support the Virginian Pilot charity, helping needy families in Hampton Roads.


text:
Teetering on the cliff, WH, Congress gear up for new round of talks
Updated 4:45 p.m. ET
As the nation teeters on the edge of the so-called "fiscal cliff," President Obama returns to Washington Thursday to resume negotiations with Congress over a deal to keep taxes from going up on Americans. But a cloud of uncertainty hangs over the state of play as lawmakers trickle back to Capitol Hill for a new round of talks, and voters are expressing diminishing faith in the two sides' ability to hammer out an agreement.
Mr. Obama, who spent Christmas in Hawaii with his family, announced yesterday he would be returning to Washington on an overnight flight tonight. But after ongoing negotiations fell apart last week between the president and House Speaker John Boehner, R-Ohio, it's not clear if a deal will be made before a series of tax hikes and spending cuts set to go into effect next year.
A senior White House official told CBS News that action to avert the fiscal cliff "requires a willingness by two individuals to make it happen." The official said it will be up to Senate Minority Leader McConnell, R-Ky., not to block a vote and up to Boehner to allow a vote on a proposal to preserve middle-class tax cuts and extend Social Security benefits.
The official said the president, "hopes and expects Congress will handle its business." Noting failure to reach agreement "would be bad for the economy," the official added that Washington "shouldn't shoot itself in the foot again."
- Obama cuts Hawaii trip short to address "fiscal cliff"
- What would be in Sen. Harry Reid's "fiscal cliff" plan?
According to a new Gallup poll, voters are markedly less optimistic now than in recent weeks that the two parties will be able to hammer out a compromise before January 1. The survey, conducted between Dec. 21-22, indicates that 50 percent of Americans believe that a deal is likely, while 48 percent say it's doubtful; in the previous three weeks, a firm majority of Americans expressed confidence that a deal could be reached.}
Congressional Republicans have indicated in recent days that they have not been in communication with Senate Majority Leader Harry Reid, D-Nev., over the makings of a possible deal, and signs indicate that Reid is crafting his own package with input from the White House.
Reid's proposal would likely be a stopgap measure extending the Bush-era tax cuts on 98 percent of incomes while letting them expire for the wealthiest Americans. It could also include enough short-term spending cuts to temporarily offset across-the-board spending cuts set to go into effect on January 1, 2013, and try to tie up some year-end loose ends by extending long-term unemployment benefits, patching the alternative minimum tax, and preventing a big scheduled drop-off in Medicare reimbursement rates to doctors at the start of the year.
For such a bill to reach the president's desk, however, Boehner would have to agree to take it up in the House -- a move that could incite further ire among the conservative wing of his party. If he did decide to bring a Democratic bill up for a vote on the House floor, 26 Republicans and all 191 Democrats would have to vote for it to move the process forward.
Many Democrats believe they have a sufficient amount of Republican support, however, and are urging Boehner to bend to their will.
"If Speaker Boehner is willing to bring to the floor of the House a bill, and just let this House work its will, Democrats and Republicans voting as their conscience determines, then I believe we can get something done," Rep. Chris Van Hollen, D-Md., told Bloomberg TV recently.
Another possibility is that Republicans allow the nation to go over the cliff, at which point the Bush-era tax cuts would expire and rates would go up on all Americans, before promptly working to pass a bill in January restoring those cuts for most of the population. That outcome could increase economic uncertainty on Wall Street but would allow congressional Republicans to uphold their commitment to not raising tax rates.
"I'm not sure if either side is watching very carefully, and listening to what the American people think," said Republican strategist and pollster Frank Luntz in an interview today with "CBS This Morning." "When we asked the American people, Who is the GOP fighting for and representing? The number one answer, the rich. The number two answer, big business. Well, well back is number three, hard-working taxpayers. By the republicans fighting this tax increase on the most wealthy Americans, the public looks at that and says once again the GOP is standing up for the rich."
The Democrats, Luntz argued, have been equally tone deaf.
"What the Democrats don't understand is that the hostility towards how much Washington spends, that this whole discussion over the last six weeks has been about raising taxes on the wealthy rather than cutting wasteful Washington spending," he said.
CBS News' Peter Maer contributed to this report.


text:
New York Times/Cornell University/NY1 News New York State Poll, May 2009 (ICPSR 26949)
Version Date: Apr 27, 2010 View help for published
Principal Investigator(s): View help for Principal Investigator(s)
The New York Times; Cornell University; NY1 News
Version V1
Summary View help for Summary
This special topic poll, fielded May 29-June 3, 2009, focuses on the opinions of 1,057 residents of the state of New York, including 683 residents of New York City. Residents were asked whether things in the state of New York and New York City were going in the right direction, the condition of the state and local economy, and whether they wanted to be living in the same place in four years. Views were sought on David Patterson and his handling of the job of governor of New York, the New York State Legislature, United States Senators Charles Schumer and Kirsten Gillibrand, New York State Attorney General Andrew Cuomo, New York City Mayor Michael Bloomberg, former New York City Mayors Eliot Spitzer and Rudolph Giuliani, New York City Comptroller Bill Thompson, and Archbishop Timothy Dolan. Information was collected on the respondent's financial situation, including job loss in the household in the past 12 months, the affordability of eating out, and their ability to make major purchases and pay off debt. New York City residents were asked about Bloomberg's handling of his job as mayor, his political party affiliation, the quality of life in New York City and whether it had improved or gotten worse since Bloomberg became mayor, New York City term limit laws, the city's response to the H1N1 or swine flu outbreak, and whether respondents were a Yankee or Mets fan. Additional topics addressed same-sex marriage; proposals to fight obesity, including raising taxes on candy, chips, and soda pop; banning the advertisement of these products during children's television programming; and requiring restaurants to list nutritional information on menus. Demographic variables include sex, age, race, education level, marital status, household income, employment status, political party affiliation, political philosophy, voter registration status and participation history, religious preference, whether respondents had children under the age of 18 years living in the household, whether their child attended a public or private school, and whether anyone in the household belonged to a labor union or was employed by the city of New York.
Citation View help for Citation
Export Citation:
Subject Terms View help for Subject Terms
Geographic Coverage View help for Geographic Coverage
Smallest Geographic Unit View help for Smallest Geographic Unit
Distributor(s) View help for Distributor(s)
Time Period(s) View help for Time Period(s)
Date of Collection View help for Date of Collection
Data Collection Notes View help for Data Collection Notes
The data available for download are not weighted and users will need to weight the data prior to analysis.
Some questions were asked only of New York City residents, as identified in the variable GEC.
Interviews were collected in both English and Spanish, as indicated in the variable HISP.
Truncated value labels in variables EDUC and Q19 were corrected.
The CASEID variable was reformatted in order to make it a unique identifier.
A value label for an unknown code was added in variable KAPP.
Sample View help for Sample
The statewide sample of respondents was selected by a computer from a complete list of telephone exchanges across New York state, with each region of the state represented in proportion to its population. For each exchange, the telephone numbers were formed by random digits, allowing for access to listed and unlisted numbers. For the New York City sample, the sample of telephone exchanges called was selected by a computer from a list of exchanges in the city. For each exchange, the telephone numbers were formed by random digits, thus permitting access to listed and unlisted numbers. To increase coverage, the land-line sample was supplemented by respondents reached through random dialing of cellphone numbers and the two samples were then combined. Within each household, one adult was designated by a random procedure to be the respondent for the survey.
Universe View help for Universe
Persons aged 18 and over living in households with telephones in the state of New York.
Unit(s) of Observation View help for Unit(s) of Observation
Method of Data Collection View help for Method of Data Collection
Mode of Data Collection View help for Mode of Data Collection
Original Release Date View help for Original Release Date
Version History View help for Version History
- The New York Times, Cornell University, and NY1 News. New York Times/Cornell University/NY1 News New York State Poll, May 2009. ICPSR26949-v1. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2010-04-27. http://doi.org/10.3886/ICPSR26949.v1
2010-04-27 ICPSR data undergo a confidentiality review and are altered when necessary to limit the risk of disclosure. ICPSR also routinely creates ready-to-go data files along with setups in the major statistical software formats as well as standard codebooks to accompany the data. In addition to these procedures, ICPSR performed the following processing steps for this data collection:
- Created variable labels and/or value labels.
- Created online analysis version with question text.
- Checked for undocumented or out-of-range codes.
Weight View help for Weight
The data contain a weight variable (WGHT) that should be used in analyzing the data. The combined results have been weighted to adjust for variations in the sample relating to sex, race, Hispanic origin, marital status, age and education. In addition, the land-line respondents were weighted to take into account the household size and number of phone lines in the household, while the cellphone respondents were weighted according to whether they were reachable only by cell phone or also by land line.
Data in this collection are available only to users at ICPSR member institutions.
This study is provided by ICPSR. ICPSR provides leadership and training in data access, curation, and methods of analysis for a diverse and expanding social science research community.


text:
vinsdotter on Family Tree Circles
view: full | list
Journals and Posts
Newspaper clipping dated 6th August 1893.
'Hugh Kenihan died at his son's residence, The Braes, Reynella on August 6 at the ripe age of 91 years. He was one of the rapidly diminishing hand of pioneer colonists.
The deceased gentleman arrived in South Australia, on the Navarina in the year 1837, the vessel which brought Sir John Morphett and other well known colonists to our shores.
Mr Kenihan first resided at Hindmarsh. He helped to put up some of the first wattle-and-dab structures which formed the primitive but comfortable habitations of the early settlers. He then settled at Happy Valley, where he lived for 54 years engaged in farming. The land being required for the reservoir, the deceased who was living with his son, Mr Michael Kenihan, removed to Reynella a few days before his death.
Mr Kenihan who hailed from Clochantanagh, Kings County Ireland was a fine type of the old colonists, and could tell many interesting anecdotes of the early days in South Australia.
He leaves one son and four daughters, about 50 grandchildren and 10 great grandchildren. The remains were buried in the Morphett Vale Catholic Cemetery, father O'Donnell conducting the burial service. On Wednesday Mass for the repose of the soul of the deceased was celebrated at the residence of his son, at The Braes Reynella.'
Hugh Kenihan was my paternal great great grandfather.
James Andrew GILLIES of Port Pirie South Australia.
James was born at Stockport South Australia on 7/3/1870. He was the only surviving son of Catherine (nee Kenihan) & John Gillies. His sisters were Isabella Ann 1868-1931, Anne Elizabeth 1876-1915 & Rose May 1878-1929.
In 1893 James married Elizabeth Ann Whitbread in Port Pirie. Their first child was Grace Catherine born 1894, Lena Maud in 1896 then Norman John in 1898. The following year Elizabeth died & was buried in Port Pirie.
Sadly nothing further is known about this family. James was my father's uncle & Grace, Lena & Norman - his first cousins.
My research on James Andrew Gillies has 'hit a brick wall'.
FOLLOW UP: I have since discovered that James Gillies went to join his sister in Western Australia after the death of his wife. He remarried around 1905 to May Taylor. They had 4 children with 2 daughters surviving - Margery (1911) & Doris (1916). James died in 1929 at Wooroloo W.A. I have no further information on his children from his first marriage or his daughters from his second.
Dominick & Lucinda Kelly - Hugh & Isabella Kenihan - Ireland to South Australia 1800s.
Dominick (1776-1886) & Lucinda (Lucy) Kelly (1782-1846) were my paternal gr.gr.grandparents - they came out to South Australia around 1837-1845.
Their daughter Isabella (1812-1878) married Hugh Kenihan (born 1802 in Clochantanagh Kings County, Ireland - died 1893 at O'Halloran Hill).
They married around 1835 & arrived in South Australia aboard the Navarina in 1837 with one child.
Isabella & Hugh went on to have another eight children - one of whom was my gr.grandmother Catherine Magdalene Kenihan 1848-1906, born at Morphett Vale, South Australia.
Her siblings were - Margaret Ellen 1837-1913, John Thomas 1838-1862, Martin 1839-1864, Michael Joseph 1842-1913, Maryanne 1845 -?, Lucy Isabella 1847-?, James John 1849-1891 & Hubert John Kenihan 1854-1884.
Margaret married James Fitzpatrick - 3 children.
John married Catherine Daley (nee Connelly) - 2 children.
Martin married Catherine Ragen - 5 children.
Michael married Elizabeth Pearson - 10 children.
Mary Anne married Elisha Manuel - 12 children.
Lucy married Philip Tear - 4 children.
Hubert John married Elizabeth Clarke - 1 child.
Catherine married John Gillies - 9 children, 4 survived - Isabella 1868-1931, James Andrew 1870-?, Annie 1876-1915 & Rose May 1878-1929 (my grandmother).
in 1908 Rose May Gillies married William O'Neil (1861-1922. They had five children - Catherine Rose 1910-2006, William John Daniel 1913-1974, Lucy Agnes 1915-2006, Vincent James Patrick 1917-2004 (my father) & Victor Michael 1921-1959.
My father & his siblings had a sad & difficult childhood. William their father - died in 1922 - they were placed in orphanages for the next 4 years until they were returned to their mother's care. Shortly after - she died in a railway accident. Catherine Rose now aged 19 years, was able to care for her younger siblings & kept them together from that time on.
Unfortunately they grew up with little knowledge of the large extended family of Kenihans.
Please contact me if you can make any connections with this family.
Austin & Bridget MARINER from County Innis to South Australia.
I discovered this newspaper clipping dated 1913 shortly after my grandmother died. It refers to my maternal great great grandmother Bridget Mariner.
'Mrs. A. Mariner died last week at the residence of her daughter - Mrs. J. Conlon of Clarendon (South Australia) aged 77 years.
She was born in County Ennis, Ireland in 1836 & was married to Mr. Austin Mariner in 1856. Two years later they sailed for South Australia in the barque Bee - arriving in Adelaide October 1858.
They settled at Happy Valley near the site of the present reservoir, but shortly afterwards moved to Clarendon where they lived for 45 years.
Her daughters are Mrs. Clark - Woodchester S.A., Mrs. Stubbins - London U.K., Mrs. Phillips - North Adelaide, Mrs. Excell - Henley Beach S.A., Mrs. Stone - Glenelg S.A. & Mrs. Conlon. The sons are Mr. John Mariner - Glen Osmond S.A. & Mr. James Mariner - Netley Station S.A.
There are 30 grandchildren & 6 great grandchildren.'
Bridget (nee O'Loughlin) died 8/9/1913 aged 77 years & Austin died 22/2/1914 aged 86 years. Both are buried in St. Marys Cemetery, Morphett Vale, South Australia.
P.S. I have tried to trace the children mentioned above & have found a variety of spellings of Mariner ie., Marrinan, Morrinan, Marnin & Merrinan. The daughters were Margaret 1859 - Mrs. Clark, Maria 1865, Anne 1868, Ellen 1870 - Mrs. Excell, Kitty 1872 & Rosina 1876 - Mrs. Conlon. I also found a daughter Bridget 1862 (who may have not survived) & son Austin 1866 who died as an infant. All children were born at Happy Valley or Clarendon.
Andrew & Ann GILLIES of Ardnamurchan -Argyllshire Scotland.
Andrew Gillies was born 1797 & his wife Ann (nee MacEachen) 1800. In the 1841 & 1851 census in Scotland, they were living Back of Keppoch Ardnamurchan Inverness.
They left Scotland in 1852 with their family for South Australia. There were 6 young adults & 3 children in the family, however I think two of the young women were cousins - not siblings.
Arriving with Andrew & Ann on the Medina were -
1. Anne 27
2. Angus 25
3. Mary 18
4. Donald 15
5. Christina 13
6. Ewen (Hugh) 10
7. John 7
8. Ann 25*
9. Catherine 22*
Both John & Catherine* married into my family.
1. Anne married James Palmer in 1862 in Adelaide - but died five years later - no issue.
2. Angus Gillies married Mary Jane Kelly in 1879 at Jamestown S.A. They had a son William John in 1880.
3. Mary married John O'Donohue in 1864 at Morphett Vale S.A. Their children were Joseph 1865, John 1867, Maryanne 1869, Ann 1873, Andrew 1875 & Margaret 1878.
4. Donald married Elizabeth Dickson in 1862 also at Morphett Vale. They had one son Nicholas in 1863.
5. Christina Gillies was unmarried & died 1915 - no issue.
6. Hugh married Sarah Stock in 1882 at Maitland S.A. They had Frances Ann 1882, Christina 1885, Clara Edith 1888, William Andrew 1890, Mary 1893, Hugh 1895, Victor John 1897 & Florence Monica 1899.
(Hugh & his family used GILLIS as the surname.)
7. John married Catherine Kenihan - the daughter of an early South Australian colonist Hugh Kenihan. Their daughter Rose May was my grandmother.
8. I have found no information on Ann* (the sister of Catherine).
9. Catherine* married my paternal great grandfather Patrick O'Neil. Their children Mary Anne 1864, John (Jack) 1866, Catherine 1868, Andrew 1870 & Michael 1873 were born at Willunga, S.A. lived in Port Elliott then Broken Hill.
I would love to hear from anyone who could help me add to my tree.
*Cousins not siblings - most likely.
- Displaying 1-5 of 5 Journals
- 1
- of1


text: The Rock Band Network community has approved this song for sale. Add to your Rock Band music library by purchasing the song game track: Two Thousand Eight Hundred--Sacred Mother Tongue . Rock Band game disc is required to play the song game track. For music credits, visit www.RockBand.com. There are no refunds for this item. For more information, see www.xbox.com/live/accounts.