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No. 86,177
In the Matter of the Care and Treatment of
Michael Blackmore.
1. Under K.S.A. 2000 Supp. 59-29a06, the 60-day hearing requirement is mandatory and jurisdictional.
2. Unless the statutory provisions to continue the trial of an action brought under the Kansas Sexually Violent Predator Act are followed, the courts are without jurisdiction to entertain them after the expiration of 60 days.
3. A defendant does not acquiesce to an extension beyond 60 days by requesting a continuance after the 60 days have already run.
4. A waiver of the 60-day requirement must be explicit and clear. A provision inserted into a scheduling journal entry ordering the matter tried "within sixty (60) days or whenever the parties advise the court they they are prepared to proceed to trial" is not a clear waiver by the defendant of his or her right.
5. While reliance on 12 year-old information alone is highly suspect when attempting to determine if a person is a sexually violent predator, a defendant may not refuse to cooperate in the diagnostic process and then complain that the information presented is not current.
6. The evidence presented here supported a finding that the defendant was a sexually violent predator.
Appeal from Wyandotte District Court; J. DEXTER BURDETTE, judge. Opinion filed January 18, 2002. Reversed.
Michael G. Highland, of Bonner Springs, for the appellant Michael Blackmore.
Terra D. Morehead, special assistant attorney general, and Carla J. Stovall, attorney general, for the appellee State of Kansas.
Before, BEIER, P.J., PIERRON, J., and GERNON.
PIERRON, J.: Michael Blackmore appeals the trial court's determination that he is a sexually violent predator in violation of K.S.A. 59-29a01 et seq. Blackmore challenges the jurisdiction of the trial court and the sufficiency of the ruling.
The facts are not in dispute. On April 13, 2000, the attorney general filed a petition seeking to have Blackmore declared a sexually violent predator. On April 28, 2000, the trial court held a hearing pursuant to K.S.A. 2000 Supp. 59-29a05 and found there was probable cause to believe Blackmore was a sexually violent predator. A journal entry was filed which ordered the matter to be "scheduled for jury trial within sixty (60) days or whenever the parties advise the Court that they are prepared to proceed to trial." This was apparently done without a clear waiver of the 60-day rule pursuant to K.S.A. 2000 Supp. 59-29a06 being obtained from Blackmore. The record is unclear, but it appears Blackmore's case was set for a trial on August 14, 2000, after he filed a motion requesting a jury trial on August 2, 2000 (the jury trial request was later waived). The trial court granted Blackmore's motion that same day. By this time, the 60 days had already run.
On August 8, 2000, Blackmore filed a motion for continuance of the trial based on the the following reasons: (1) defense counsel learned that an essential witness was unavailable on August 14, 2000; (2) the State did not oppose the continuance; and (3) Blackmore would suffer undue prejudice and harm if compelled to be tried without the attendance of the witness. The trial court granted the motion for continuance.
Blackmore's trial was held on October 5, 2000. After taking evidence, the trial court found beyond a reasonable doubt that Blackmore was a sexually violent predator. At no time while the case was in the district court did Blackmore challenge his trial as being outside the 60-day rule in 59-29a06. The court committed Blackmore to the custody of the Secretary of Social and Rehabilitation Services for control, care, and treatment at an appropriate facility until such time as his mental abnormality had so changed that he was safe to be at large.
Blackmore first states that more than 60 days elapsed between the probable cause determination and his original trial date. Therefore, he argues, the trial court did not have jurisdiction under 59-29a06 to find he was a sexually violent predator.
Under 59-29a06, a court is required to conduct a trial within 60 days after completion of the probable cause hearing in 59-29a05 to determine whether the person is a sexually violent predator. However, the trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice and when the respondent will not be substantially prejudiced. K.S.A. 2000 Supp. 59-29a06. Two cases have addressed this 60-day time limitation--In re Care and Treatment of Brown, 26 Kan. App. 2d 117, 978 P.2d 300 (1999), and In re Care and Treatment of Goracke, 27 Kan. App. 2d 837, 9 P.3d 595 (2000).
In Brown, the respondent's trial was held over 600 days after the probable cause determination. Brown moved to dismiss the proceedings in the lower court based on 59-29a06. In denying Brown's motion to dismiss, the trial court stated the cause of the delay was that the court was waiting for the United States Supreme Court's decision on the constitutionality of the Kansas Sexually Violent Predator Act. The trial court also held the 60-day limit was directory and Brown was not prejudiced by the delay. 26 Kan. App. 2d at 118.
This court in Brown reversed the trial court and found error in the denial of Brown's motion to dismiss. 26 Kan. App. 2d at 120. The Brown court made two main holdings. First, the court stated the criminal speedy trial protections do not apply in these types of proceedings: "The Kansas Sexually Violent Predator Act is civil in nature; therefore, speedy trial protections afforded criminal defendants, whether constitutional or statutory, do not apply. Kansas v. Hendricks, 521 U.S. 346, 369-70, 138 L. Ed. 2d 501, 117 S. Ct. 2072 (1997). Brown's speedy trial challenge fails." 26 Kan. App. 2d at 119.
Second, the Brown court ruled the 60-day limit language in 59-29a06 was mandatory, not directory.
"The language of K.S.A. 1995 Supp. 59-26a06 is clear. The use of the term 'shall' indicates the legislature mandated that the commitment trial be held within 60 days after the probable cause hearing. The inclusion of the language '[t]he trial may be continued' does not render the term 'shall' discretionary. Additionally, continuance is conditional. A continuance (1) must be considered upon a motion; (2) must be granted for the purpose of due administration; and (3) cannot substantially prejudice the defendant. Neither the court nor the parties in this case filed a motion for continuance of trial. We hold that the 60-day requirement specified in K.S.A. 1995 Supp. 59-29a06 is mandatory and jurisdictional." (Emphasis added.) 26 Kan. App. 2d at 26.
In Goracke, the trial was also held outside the 60-day time period following the probable cause hearing. However, in Goracke, the reasons for the delay were different than in Brown. In Goracke, a month after the probable cause hearing, the trial court granted the State's motion for a continuance and continued the proceedings until a trial setting after receipt of an evaluation. There were also delays for several months associated with the withdrawal of two of Goracke's attorneys. Additionally, the trial court then granted Goracke's motion for an independent psychological evaluation.
At Goracke's trial, he objected to the proceedings as not being scheduled in a timely fashion under the 60-day rule in 59-29a06. The trial court overruled Goracke's objection, stating the court had found, on its own motion, that there was good cause. The court also stated that for the due administration of justice, it set the trial in as timely fashion as possible in light of the psychiatric evaluations and the ability of counsel to proceed in the best interests of their clients. The court noted there had been no prejudice to Goracke due to the delay.
The Goracke court upheld the trial court's ruling and the finding that he was a sexually violent predator. The court found the case distinguishable from the facts in Brown, since the latter involved no contemporaneous act to continue by the trial court, no statement about the due administration of justice, and no statement about whether the defendant was prejudiced. 27 Kan. App. 2d at 840.
The situation in the case at bar was not directly addressed in either Brown or Goracke. In both of those cases, the issue of the 60-day rule was addressed by the trial court. Here, the issue is raised for the first time on appeal. Blackmore argues his case raises jurisdictional issues based on the language in the Brown decision that "the 60-day requirement specified in K.S.A. 1995 Supp. 59-29a06 is mandatory and jurisdictional." 26 Kan. App. 2d at 120. As a jurisdictional issue, we have an unlimited review regardless of whether the issue is raised in the district court. "The appellate courts may raise the issue of jurisdiction at any time if it appears there is a question as to jurisdiction. Whether jurisdiction exists is a question of law over which this court's scope of review is unlimited." Maggard v. State, 27 Kan. App. 2d 1060, Syl. ¶ 1, 11 P.3d 89 (2000). We will, therefore, address the issue on appeal.
The State distinguishes both Brown and Goracke in that the issue was addressed in the trial court either by a motion to dismiss or an objection. The State argues the issue of the 60-day rule is not properly before our court since it was not raised in the district court. The State relies on State v. Henry, 219 Kan. 310, 312, 548 P.2d 808 (1976), for the argument that the Henry court "noted that a question as to whether defendant was denied a speedy trial was not raised in district court and could not be considered initially on review."
The speedy trial issue in Henry was not jurisdictional, nor did the facts indicate a statutory violation of Henry's right to a speedy trial. Instead, Henry challenged the 180-day rule for bringing a defendant to trial as unconscionably long as applied to the period after the court declares a mistrial due to a hung jury. It has long been the rule of the appellate courts that where constitutional issues are not presented to the trial court, they will not be considered for the first time on appeal. See State v. Smith, 268 Kan. 222, 243, 993 P.2d 1213 (1999). We are not dealing with a constitutional matter in the present case, but one of statutory construction.
The fact of the matter is that Brown states that the 60-day requirement specified in 59-29a06 is mandatory and jurisdictional. The Brown court compared the 60-day rule in 59-29a06 to the 75-day rule for filing a petition alleging a sexually violent predator in K.S.A. 1997 Supp. 59-29a04. The Brown court based its ruling on the holding in In re Care & Treatment of Ingram, 266 Kan. 46, 49, 965 P.2d 831 (1998), where the court held the "75-day provision is jurisdictional, and a district court has no jurisdiction to entertain a petition filed beyond the time provided." The Ingram court made this finding even though the word "shall" was not used in 59-29a04.
Ingram was filed on October 30, 1998. 266 Kan. at 46. It appears Ingram prompted the legislature to amend 59-29a04 effective July 1, 1999, to add the language now found in subsection (b): "The provisions of this section are not jurisdictional, and failure to comply with such provisions in no way prevents the attorney general from proceeding against a person otherwise subject to the provision of K.S.A. 59-29a01 et seq., and amendments thereto." L. 1999, ch. 140, § 4.
The district courts of Kansas are expressly created by the Kansas Constitution and are given only such jurisdiction as may be provided by the legislature. Kan. Const. Art. 3, § 6; Thompson v. Amis, 208 Kan. 658, 661, 493 P.2d 1259, cert. denied 409 U.S. 847 (1972); State v. Adams, 2 Kan. App. 2d 135, 136-37, 576 P.2d 242, rev. denied 225 Kan. 845 (1978). Clearly, the Court of Appeals found there was no jurisdiction outside the 75-day rule in 59-29a04 and the legislature promptly amended the statute to provide the necessary jurisdiction. Arguably, the statute at issue in the present case, 59-29a06, is virtually an identical timing statute and absent language to the contrary, the statute is jurisdictional.
We must also note the legislature obviously knew how to cure the jurisdictional problem of filing outside the 60-day period in 59-29a06. While it remedied the problem pointed out by Ingram quickly, it has not modified the 60-day requirement for jurisdiction in Brown in the 2 1/2 years since it was decided.
The State had 60 days under 59-29a06 to bring Blackmore to trial for determination of his status as a sexually violent predator. Blackmore would have no obligation to help the State bring him to trial on the claim that he is a sexually violent predator. Similar to the right to a speedy trial, because the State is empowered to bring a sexually violent offender to trial, it is the State's obligation to ensure that the accused is provided a speedy trial within the Kansas Sexually Violent Predator Act. See State v. Prewett, 246 Kan. 39, 42, 785 P.2d 956 (1990)(speedy trial). The State failed to do so.
If the district court did not have jurisdiction to enter a judgment finding Blackmore to be a sexually violent predator, an appellate court does not acquire jurisdiction over the subject matter on appeal. Board of Sedgwick County Comm'rs v. Action Rent to Own, Inc., 266 Kan. 293, 296, 969 P.2d 844 (1998). The district court lost jurisdiction under 59-29a06 by allowing the 60-day period to run without either party filing a continuance. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed rather than determine what the law should be. In re Marriage of Killman, 264 Kan. 33, 42-43, 955 P.2d 1228 (1998). Additionally, since 60 days had passed, the trial court did not have jurisdiction to even consider Blackmore's motion for continuance either. See e.g., Kansas Bd. of Regents v. Skinner, 267 Kan. 808, 814, 987 P.2d 1096 (1999)(parties cannot confer subject matter jurisdiction by consent, waiver, or estoppel).
The other argument presented by the State is that Blackmore waived the statutory time for his trial in two different ways: by requesting a continuance, despite the fact that it was outside the allotted time, and by not objecting to the journal entry which set the trial for "within sixty (60) days or whenever the parties advise the Court that they are prepared to proceed to trial." K.S.A. 2000 Supp. 59-29a06 provides for continuances of a sexually violent predator trial as long as the respondent will not be substantially prejudiced. Again, using the speedy trial right as an example, a defendant may waive the statutory right to a speedy trial by requesting or even acquiescing in the grant of a continuance. State v. Southard, 261 Kan. 744, 748, 933 P.2d 730 (1997). Blackmore requested a continuance because the unavailability of a necessary witness would cause him undue prejudice. However, this position is inherently flawed because Blackmore had no hand in causing any delay until after the statutory time period had already passed. Compare State v. Warren, 224 Kan. 454, 456, 580 P.2d 1336 (1978)(delays which result from defendant's application or fault are not to be counted in computing the statutory period).
As to whether the scheduling journal entry waived Blackmore's right to a hearing in 60 days, there is no record of a waiver being made in court of which Blackmore was aware. There must be a clear waiver for it to abrogate the time frames required by the statute.
Blackmore also challenges the sufficiency of the evidence supporting the court's finding that he was a sexually violent predator. While our previous ruling disposes of this matter in Blackmore's favor, we will address his other argument since further review is possible.
"'When findings of fact are attacked for insufficiency of evidence or as being contrary to the evidence, the duty of the appellate court extends only to a search of the record to determine whether substantial competent evidence exists to support the findings. An appellate court will not weigh the evidence or pass upon the credibility of the witnesses. Under these circumstances the reviewing court must review the evidence in the light most favorable to the party prevailing below. [Citations omitted.]'" In re Adoption of R.W.B., 27 Kan. App. 2d 549, 550, 7 P.3d 306, rev. denied 270 Kan. ___ (2000).
A sexually violent person is any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in repeat acts of sexual violence. K.S.A. 2000 Supp. 59-29a02(a).
Blackmore does not challenge the first prong of the two-part test in K.S.A. 2000 Supp. 59-29a02(a), namely his previous convictions. This prong is clearly satisfied. In 1987, Blackmore pled no contest to a charge of aggravated indecent solicitation of a child. In 1990, Blackmore was convicted of indecent liberties with a child.
Rather, Blackmore challenges the evidence supporting the court's finding under the second prong of 59-29a02. He argues the court's diagnosis that he suffered from pedophilia was premised upon speculative and tenuous evidence. He states both of the State's witnesses, Jan Kolb and Dr. Jean Policard, spent approximately 15 and 30 minutes, respectively, evaluating him. Blackmore states he has continuously denied the allegations in one of his convictions. He contends the diagnosis by both of the expert witnesses is flawed since it is based on convictions that occurred 12 years ago. Additionally, he says the diagnosis of pedophilia was not diagnosed at the time of his convictions, but only after the petition alleging him to be a sexually violent predator was filed.
The State correctly points out that Blackmore's challenge to Kolb and Dr. Policard's diagnosis is akin to invited error. See NEA-Topeka v. U.S.D. No. 501, 269 Kan. 534, 547, 7 P.3d 1174 (2000)(a party may not invite error and then complain of that error on appeal). Kolb and Dr. Policard rendered their opinion that Blackmore was a pedophile based on all the available information. Both experts testified that Blackmore refused to cooperate in either a clinical interview or in testing sexual arousal patterns during the evaluation process and they were forced to rely on the written reports. At the trial, defense counsel informed the court that Blackmore was even noncommunicative with the defense's expert witness.
We agree with Blackmore that using convictions that occurred nearly 12 years ago is suspect. However, Blackmore has not given the experts any help in determining if his current behavioral status has changed. Due to his belief in a conspiracy involving at least one of his previous convictions, Blackmore has refused to participate in and/or complete any sexual offender treatment. What we have in this case is testimony from Kolb and Dr. Policard that Blackmore is a sexually violent predator. Kolb testified that Blackmore had been convicted of sexually violent offenses and that the information collected from Blackmore's previous convictions indicated a pattern of attraction to children that would substantiate a diagnosis of pedophilia. Kolb stated Blackmore's pedophilia was a mental abnormality that affected the volitional control of Blackmore's behavior. Kolb also testified several factors indicated a high risk that Blackmore would reoffend. Kolb stated those factors were that Blackmore was on probation at the time he committed the second offense, the victims were young children, one of the victims was a male, he had a predatory pattern of finding women with children, one of the child victims tested positive for consumption of alcohol, and Blackmore refused to participate in sexual offender treatment and substance abuse treatment while incarcerated.
Dr. Policard diagnosed Blackmore as suffering from pedophilia and also diagnosed him with a schizotypal personality disorder with narcissistic traits. Dr. Policard testified Blackmore has some odd beliefs or magical thinking and inappropriate constricted affect. Dr. Policard also testified Blackmore demonstrated a lack of ability to confide in others, evidence of social anxiety, and suspiciousness or paranoia concerning an alleged conspiracy against him. Dr. Policard said the staff at Larned saw some of the isolated behavioral patterns while he was incarcerated.
We find the trial court's decision that Blackmore is a sexually violent predator under 59-29a02(a) is supported by substantial competent evidence.
We reverse due to the trial court's lack of jurisdiction to hear the proceeding due to a failure to bring it in a timely fashion.


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|Astronomers have discovered an exoplanet that experiences temperature swings of as much as 700 degrees within a matter of hours -- and are working to model the weather patterns there. Writing in the journal Nature, a team of astronomers describe the unusual behavior of planet HD80606b. The planet has an extremely irregular orbit. Most of the time, its distance from its sun is comparable to the distance of Earth and Venus from our own sun. Every 111 days, however, it makes a very close encounter with its sun, passing just a few million miles away. During that flyby, the radiation hitting the atmosphere of the gas giant increases by over 800fold. That rapid burst of heat results in massive storms, wind gusts measured in the thousands of miles per hour, and skies glowing red. We'll find out more.

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Rivier's Coordinator of Disability Services is happy to help students with documented disabilities secure the accommodations they need to succeed academically.
How to obtain servicesTo receive special accommodations in or out of the classroom, students with learning disabilities, ADD/ADHD, physical limitations and medical limitations need only provide documentation. Accommodations are granted based on proper, current (within three years) clinical documentation.Clinical documentation must include:
Please note that testing must be included; the University does not grant accommodations solely based on Individual Education Plans, letters from special education teachers, or notes from tutors.
The Coordinator of Disability Services will review all clinical documentation, then meet with the student and help the student arrange for reasonable accommodations. To continue accommodations, students meet with the Coordinator at the beginning of each semester.
While Rivier University does not provide testing for the identification of learning disabilities, students who suspect they may have a disability may meet with the Coordinator of Disability Services to discuss options for testing by an outside agency. Rivier University is not responsible for the cost of the testing.
Available Academic Accommodations
Additional LinksADA vs. Section 504 Rights and Responsibilities of Students in Higher Education (ADA) ADA and Section 504 Information & ResourcesRivier University Public Safety Association on Higher Education and Disability


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Pitman arms are built to be sturdy, but they spend a lot of time literally hanging out underneath your vehicle. There they can be exposed to dirt, road salt, and other rough conditions that can cause wear and tear, and connections to become loose. Some designs also have a joint in them similar to a ball joint or tie rod, and this can wear out from use or lack of grease. In addition, the hole in the pitman arm can get worn out or elongate from wear, abuse, etc. If the pitman arm starts to wear, you may experience a loss of steering responsiveness, wandering steering, or shimmy in your front end. If your car or truck tries to change lanes every time you hit a pothole, then you may have a problem with your pitman arm. A worn pitman arm can also cause uneven tire wear.
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There are people — Americans! — who are currently attempting to vote for President. Unfortunately, the lines are DMV long, there aren't enough voting machines in Ohio (thanks, John Husted, ya jagoff!), and it's very cold and boring to stand in line. To remedy this and keep people's spirits up, why not send those on the front lines of democracy/the edge of their sanity a hot, delicious pizza? WHAT A LOVELY IDEA! Cowabunga, says my overtired, under-rested brain.
Pizza to the Polls is a Tumblr that contains a map of polling stations in Pennsylvania, along with information on nearby pizzerias. Kind of reminds me of that "send pizza to Wisconsin protesters" microtrend from 2011.
But just because Pizza to the Polls only features Pennsylvania voting locations so far doesn't mean you can't send pizza to other voters waiting in long lines. There's also been reports of 5+ hour wait times in Virginia and snafus in Ohio. And if you had to wait a long time to vote at your designated location, do a kindness to the people who were behind you in line and send 'em a pizza.
Master Shredder will be most pleased.
Speaking of pizza and delirium, did anyone else pick out one of the Teenage Mutant Ninja Turtles and declare him your "boyfriend" when you were in first grade? No? Okay.


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According to an ACF report, the number of children affected by malnutrition in India is higher than all the south Asian countries with high
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If baseball teams in the Southland Conference didn't know who Nicholls State University's Taylor Byrd was before his complete-game victory over San Jose State, they definitely know who he is now.
If baseball teams in the Southland Conference didn't know who Nicholls State University's Taylor Byrd was before his complete-game victory over San Jose State, they definitely know who he is now.
Byrd helped the Colonels take the four-game series over the Spartans with a 9-1 win in which the transfer from Pearl River Community College gave up five hits with three walks and eight strikeouts.
It was Byrd's first complete-game victory at the Division I level, and the Southland Conference took notice, naming him pitcher of the week.
It was the first honor for any Colonel this season, and Byrd (4-1, 2.12 earned run average, 30 strikeouts, 17 walks) credits his offseason work for his adjustment into the weekend rotation.
"I knew it would be different then junior college and I knew it would be a little faster. Over the summer and in the fall, I worked really hard knowing that I would have a leading role on this team. It has paid off so far and I just need to keep throwing strikes and let my defense play behind me," Byrd said. "I'm not worried much on scouting reports, I just try to stay within my game. If they hit me, they hit me, but I just want to pound the strike zone. I don't care what I know about (the hitters) or what they know about me. I just want to go out there and throw strikes."
Byrd as well as weekend starters, Michael Suk and Kory Delange, have pounded the strike zone against opponents and with good results.
The Colonels pitching staff leads the conference with 158 strikeouts and is fourth overall with a 3.42 team ERA.
Colonels coach Seth Thibodeaux said after a rough first outing, Byrd realized he will not strikeout every batter, and by letting his defense make plays, he has become a better pitcher.
Byrd walked seven and lasted just 4 1/3 innings in a 9-2 win over Houston Baptist in his first start of the season.
"Taylor came from Pearl River and he was striking out everyone. He had that intimidator factor in junior college. Here, he had to learn that he doesn't have to strike out every hitter. Some scouts say he is like Tom Glavine in that he is good enough to strike you out, but he can pitch to contact," Thibodeaux said. "He has bought into (pitching to contact) and he is seeing success and now he is just filling up the strike zone."
Before his win over San Jose State, Byrd served noticed that he was going to be fixture on the Colonels rotation in his only defeat of the season.
Byrd held nationally-ranked LSU to just two runs on five hits with two walks and two strikeouts over five innings of work. The Tigers went on to beat the Colonels, 2-0, but Thibodeaux said his 6-foot-2 left-hander left an impression on LSU coach Paul Mainieri.
"Coach Mainieri told me after the LSU game, our scouting report on him was totally false. There is not a whole lot to do against him when he is not walking people and pitching to contact. His stuff is really good," Thibodeaux said. "He was disappointed when I took him out of that game. He knew he could've won that game. But, to go from junior college to pitching against the No. 2 team in the country at their place and not be intimidated, it gave him a confidence boost."
Byrd and the Colonels (12-10 overall) are playing with confidence bringing a three-game winning streak into their conference opener against Stephen F. Austin. The Colonels and Lumberjacks (9-11) begin the Southland slate with a three-game series at Ray E. Didier Field with Friday's first pitch scheduled for 6:30 p.m.
Byrd, who starts on Sunday, said the Colonels have played well this season, but with conference play beginning, the players have to step it up a notch.
"It is going good so far, but we are just a few small details away from being a real good team. Our pitching has done a great job and our hitting is picking up. We don't pay attention to the things outside the program. We all know what we are doing and what we are capable of doing. We just have to go out and show it, and I think we have done that so far. We just have to keep it up," Byrd said. "Our bats picked up over the weekend in California, and if we play like that, then we should have a chance at winning conference. We got some good athletes and good pitching. If we put it all together, we can really compete this year. We just to keep rolling and keep grinding and it will pay off hopefully."


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Law enforcement officials are at Tuscaloosa K9 camp in Berry, where they say they found illegal drugs and arrested the owners Wednesday.
.picture { background-color: #EBE4CA; border: 1px solid #CCCCCC; padding: 3px; font: 11px/1.4em Arial, sans-serif; } .picture img { border: 1px solid #CCCCCC; vertical-align:middle; margin-bottom: 3px; } .right { margin: 0.5em 0pt 0.5em 0.8em; float:right; } .left { margin: 0.5em 0.8em 0.5em 0; float:left; }
A veterinarian who examined more than 100 animals found at the Tuscaloosa K9 Training Academy in Berry said it was one of the worst cases of neglect he's seen.
Law enforcement agents called Dr. Jimmy Canant to examine 136 dogs, several cats, goats and a few pot-bellied pigs found at the facility that was profiled on the "Pit Bulls and Parolees" television show in 2012.
"I was stunned," Canant said. "I've seen several abuse cases, but this is probably the worst one."
The 24th Judicial Violent Crime and Drug Task Force arrested the owners on drug charges Wednesday afternoon, when they discovered the poor conditions and animal remains in a deep freezer, said Task Force Commander Richard White. Task force members returned with a warrant to investigate possible animal cruelty charges on Thursday morning.
"Facebook content will be suspended for a few days while we straighten out some issues. Please check back," a message on the Tuscaloosa K9 Training Academy's Facebook page read Thursday morning. All four people arrested remained in the Fayette County Jail on Thursday afternoon.
Canant said that many of the 40 dogs he had examined by 1 p.m. were emaciated, dehydrated and suffered from eye, skin or respiratory conditions and untreated wounds. Large dogs were enclosed in small cages. Several required immediate emergency medical treatment, he said.
"Some of the environmental conditions are horrendous," he said. "Because of the large number of dogs housed in such small areas, it's a recipe for disease."
White said that investigators had been building a case against residents Heather Litz, Bryan McQueen, Charles Vance and Nancy Vance. Informants bought methamphetamine during the investigation, White said, leading investigators to obtain the search warrant executed Wednesday afternoon.
They found marijuana and drug paraphernalia before arresting the four residents, White said. No one had been charged with animal cruelty as of Thursday afternoon.
"Pending the investigation of what we find here, there may be more charges coming," White said.
Many people whose dogs were at the facility to be trained have been calling law enforcement, asking how to retrieve their pets. White said that the pets would be released once the investigators finish searching the property and documenting their findings. People should find paperwork that indicates ownership if possible, he said.
Dogs were being kept in crates in the main home on the property. Cats and weeks-old kittens were living in a trailer outside, where rat poison had been spilled on the floor. Pot-bellied pigs roamed the property, sniffing in the gravel while trying to avoid a playful, tethered Belgian Malinois. Many of the dogs seemed socialized and playful, while others kept under shelters on outlying edges of the property did not.
Canant said it was unlikely that anyone of the dogs were being trained.
"Their general, basic health care has been very, very poor," he said. "A dog that's sick or injured is not in a condition to be trained. There are a lot of unhealthy dogs here, so I doubt there was training going on."
Before searching the property, investigators worked to make sure each animal had food and water. They were working to find animal shelters and veterinary practices that will assume care of the animals once the investigation is complete.
The property on Wilcutt Road was in the path of the tornado that struck on the morning of April 27, 2011. Twenty-four dogs were killed, while 28 survived.
At the time, the owners said that the organization rescues shelter dogs that might otherwise be euthanized and trains them to be service dogs. The dogs were sold to law enforcement agencies or donated to veterans who are suffering from post-traumatic stress disorder, they said. The academy also offered boarding and obedience training.
From left to right: Heather Litz, Bryan McQueen, Charles Vance and Nacy Vance.
Reach Stephanie Taylor at email@example.com or 205-722-0210.
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The retro-styled Micro Four Thirds Olympus Pen E-P1 digi-cam has been ruined, sorry enhanced with a "dazzling makeover" by Crystal Roc.
Now covered in hundreds of "sparkling" Swarovski crystals it will be available exclusively to order from Harrods' Micro Anvika department.
In a special limited edition wooden box, which includes "two lenses" (no details provided - presumably the 14-42mm zoom and the 17mm "pancake" lens) and a matching flash, the crystal-encrusted Pen gets a price tag of £1999.99.
Those not interested in stuck-on crystals would do well to hang on for the launch of the next-gen, slightly tweaked Olympus Pen E-P2, due in January.


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Welcome to electronics2electrical.com here you can ask questions related to electrical, electronics, mechanical, telecommunication, instrumentation, computer, mathematics, physics etc.
Be respectful to all the members. Do not copy and paste the answers from other websites which have copyright content. While asking question give full details about it, Please login or register to continue.


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commercial property for rent or lease, Industrial Space For Lease.
Pleasant Hall (PA) commercial property for lease, rent, and leased investments.
Find Pleasant Hall industrial buildings for lease, retail rentals, & shops. Locate a Pleasant Hall warehouse lease and any real estate for lease / investment, including industrial properties to rent and sale.
Some Pleasant Hall commercial businesses may be more productive and efficient if they have adequate office area. In some areas the monthly lease on such Pleasant Hall areas can very often make up a substantial amount of a small company's budget. Sometimes it's feasible to share facilities like conference rooms with other Pleasant Hall tenants, to reduce costs. Consider different options before taking out a long-term lease on a large workplace when the possibility may exist that your Pleasant Hall business could outgrow the areas quickly. Consider short-term rentals for companies that are growing and in transition.
Search Pleasant Hall real estate and space for sale, lease and rent
If your company lacks the means to obtain financial loans for purchasing Pleasant Hall commercial property, there's no need to put strategies, business plans, and lucrative ideas on hold. Leasing commercial real estate has been an advantageous opportunity for Pleasant Hall business owners and new entrepreneurs alike. While it may be an easier avenue compared to purchasing Pleasant Hall property, there are still terms and conditions that can need to be haggled, settled, negotiated, and in some cases, debated. With an experienced Pleasant Hall broker on your side, you can leave the stress of negotiation to a more experienced hand. Besides a broker, a lawyer can help navigate the lease to ensure your Pleasant Hall company�s best interests are protected and the terms are fair.
Pleasant Hall commercial, industrial real estate, and land for commercial or industrial development, in nearly all cases has to be specifically zoned for a particular, or multiple business use. Investments in both Pleasant Hall commercial and Industrial properties ideally will result in real estate appreciation and either be an ideal home for the purchasers business, or for the Pleasant Hall investor, a return on investment from rental income. On the other hand a misguided or emotional purchase can entail risk, such as bankruptcy of the tenant business and a decline in Pleasant Hall real estate value. Low demand for the business and overbuilding are just two reasons for declining investment return on capital.
Quincy (Franklin), Fannettsburg, Aspers (Adams), Saltillo (Huntingdon), Littlestown, Gettysburg, Dallastown (York), Codorus, Etters, Craley, Biglerville, Fawn Grove, Idaville, Lewisberry
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My old (LDS) stake used to (make music-videos) and I just thought it was so clever. I saw how much the girls loved it because the young men are a big influence on these girls. —Jayme Bawden
If you haven't seen the latest YouTube phenomenon, you're missing out. These videos include teenage boys and a One Direction song. It's a no-brainer why they've gone viral.
But the best part is, the young men didn't make the video to achieve YouTube fame. In fact, the only audience they had in mind was the young women from their church, The Church of Jesus Christ of Latter-day Saints. Their mission was to make sure every young woman knew that she was beautiful.
When Jayme Bawden was assigned to work with the young women in the Mesa Arizona Citrus Heights Stake, she knew she wanted to start a music-video tradition she had learned about years before in a previous LDS stake. Each year the young men would create a music video that would be played for the young women at the LDS stake girls camp.
"My old (LDS) stake used to do it and I just thought it was so clever," Bawden said. "I saw how much the girls loved it because the young men are a big influence on these girls."
Bawden has carried on the video tradition in the Mesa Arizona Citrus Heights Stake for the past two years because the young women have expressed that it's their favorite part of camp.
That's why this year Bawden knew she had to do it again and make a third video. After contacting the videographer used before, Ted Sowards, they decided the song that would impact the young women the most would be "What Makes You Beautiful" by One Direction.
Word was sent out to the young men and they all showed up for a Saturday recording. Because most of them had seen the stake's previous videos, they knew what to expect and were able to shoot the video in just a few hours.
"The boys were great to work with," Sowards said. "They learned it, ran with it and they were awesome."
Although the project was meant to benefit the girls, Bawden said it was an opportunity for the young men to get to know each other.
"It's as much for these boys as anything," Bawden said. "They would cheer each other on and get to know each other."
Once girls camp came, Bawden began the video with a quote by Sister Elaine S. Dalton, Young Women general president for the LDS Church:
"I wish every young woman assembled here tonight would know and understand that your beauty, your 'shine' does not lie in makeup, or gooey cream or even the latest clothing or hairstyles. It lies in your personal purity. When you live the standards and qualify for the constant companionship of the Holy Ghost you can have a powerful impact in the world. Your example, even the light in your eyes, will influence others who see your 'shine' and they will want to be like you."
Following the quote, the music video began. But what can't be seen on the YouTube video are the interviews that followed. Bawden asked several young men about what they thought it meant to be beautiful.
"When the interviews came on it was like you could hear a pin drop because these girls want to know what these boys think," Bawden said. "When the video first came on the screams were so loud you couldn't even hear the music. But once the boys started talking it just went silent. It's so fun!"
Even though their purpose for making the video wasn't necessarily for YouTube, Sowards expressed their excitement that other LDS stakes have used the same idea.
"It's actually really neat to see all the other groups doing the same thing. The fact that they're using the same song is cool," Sowards said. "We didn't expect we would get so many views or that other stakes would use it — we love it."
And many other stakes are just as grateful for the idea. This was the case for the Mesa Arizona Alta Mesa Stake.
Brooke Eagleston is the girls camp assistant and adopted the idea after viewing her nephew in the Mesa Arizona Citrus Heights Stake video.
At their camp, the girls came to what they thought was a devotional. However, they soon heard voices of the young men come on a video, "Modesty makes a girl beautiful."
The voices stopped, the music began and the girls erupted.
"They stood up, clapped, cheered, some of them were literally crying because they couldn't believe it — it was so adorable," Eagleston said. "Then all throughout camp they probably watched it 25-30 times."
Eagleston contacted the young men and although some of the boys were hesitant, they soon agreed. "After they realized what it would mean to the girls I think they realized that it was a sacrifice worth making," Eagleston said.
A sacrifice these young women will always remember.
"In the end, I think it was probably the very most memorable thing that came from camp," Eagleston said. "The girls just felt in complete awe that their leaders and the young men of the stake would do something like that for them."
Mike Wallace, videographer for the Mesa Arizona Alta Mesa Stake, said he was happy to be a part of something so special.
"This video is good because the youth of this stake made it that way. I was just lucky enough to be behind the camera," Wallace said. "The idea was not theirs but the message was: that the young women of this stake, and in reality all young women, are beautiful."
"I just loved that they could see such a positive message from these really good boys who honestly wanted them to think that they were beautiful," Eagleston said. "It was definitely extra work, but totally worth every hour of sleep lost."
Email: email@example.com


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Model Information
Hidden Removable Utility Box
Content may not apply to all models. Consult your owner's manual for specific information about your vehicle.
*2010 Crosstour shown for demonstration purposes.
Hidden Removable Utility Box
The hidden storage area under the cargo floor is actually a removable container for convenient loading and unloading outside of the vehicle. Watch the accompanying video to learn how to make the most out of this unique feature.
Need more help? Contact your local Honda Dealer for assistance.


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unisex field boot socks: crème
An accessory to Hunter Field Wellingtons, our boot socks are made from soft polyfleece, designed to enhance fit, while giving added comfort and warmth. They can be worn folded over to add contrast colour detail to personalise your Hunter Field Wellington boots.
- Polyfleece leg and cuff
- Designed to fit the Norris Field Wellington boot


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The owners of the Ice House Cafe in downtown Evergreen have learned that it's better not to count your chickens before they're hatched.
Charles and Cindy Shirley thought they had found buyers for their coffee shop and music venue in Chris and Dave King, a Denver family group with extensive hospitality and music experience.
Last week the deal fell through.
So the Shirleys again are looking for buyers. They are selling the shop located in the lobby of the Evergreen Hotel to pay for medical bills.
If you currently subscribe or have subscribed in the past to the Canyon Courier, 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.
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Singer Chris Brown has been hit with a lawsuit by Frank Ocean's cousin, accusing the R&B star's bodyguard of viciously beating him during an altercation between the two singers earlier this year.
The two stars and their entourages reportedly clashed over a parking space outside the Westlake Studio in West Hollywood, and police were called to the scene. Ocean filed a battery report against Brown but later decided against pressing charges.
However, his relative Sha' Keir Duarte has now decided to sue Brown for assault, battery, intentional infliction of emotional distress and conspiracy to commit battery, claiming Brown encouraged his minder to attack him.
He filed legal papers at Los Angeles Superior Court, alleging that Brown's bodyguard, named only as Hood, punched him in the face and kicked him around 12 times at the singer's encouragement. He also claims that Brown used a racial slur against him during the brawl.
This is the latest incident in a string of legal woes for the 24-year-old star, who is facing up to four years behind bars after he was booked on a hit-and-run charge relating to a car accident in May. His probation stemming from his 2009 assault on then-girlfriend Rihanna was revoked, and he could be jailed if found guilty of the hit-and-run.
He is due back in court on August 15.


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The must have pearl necklace in every woman's collection. This delicate necklace with a mix of glass and faux pearl charms, swings from a delicate chain.
Three strands of turquoise geometric stones accented by delicate vintage gold take the guesswork out of layering. Wear with all strands clipped together as one necklace, or unclasp any of the strands to create your favorite combination.
Hand beaded and braided strands from this versatile, wear-everywhere mixed metal piece. Three circles gold-plated falls from a delicate center strand. Wear all strands together, separate, or mix and match to suit your look.


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Emerson Hall is located on the northeast side of campus and features double, triple, and quad rooms (triples are first made available to students with special housing needs, but any not required for that purpose are made available to current students by Wait List application). A Coed-by-Door hall, Emerson offers a traditional residence hall experience most suited to returning Ithaca College students.
Emerson Hall rooms are air conditioned once the minimum overnight low temperature has reached 60º F. Each Emerson room has full bathroom (a shower curtain is supplied). Residents should plan to bring cleaning supplies in addition to personal toiletries.
Parking is available in Red Lot S with resident's mailboxes located at 2nd floor entrance to the building. See Campus Map.


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About the Division of Student Affairs
The Division of Student Affairs supports students' academic and personal goals. Staff members work closely with the faculty and administration of the University to represent student concerns.
The Vice President's Office
The Vice President's office oversees the administration of the Division and is responsible for the development of many policies to ensure a safe and nurturing campus environment.
Vice President Brian Rose


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Counter-Strike: Global Offensive Aimbots & Wallhacks
Counter-Strike: Global Offensive Hack Downloads
KualaWare 6.10.2017 |...
October 13th, 2017
Use this control to limit the display of threads to those newer than the specified time frame.
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Order threads in...
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Buffalo Springfield is reuniting -- at least, the three surviving members of the classic rock group are! And three fine rock stalwarts they are: Neil Young, Steven Stills and Richie Furay will be hitting the stage at the Young's 2010 Bridge School Benefit Concert and playing tracks from their albums together as the Springfield.
Buffalo Springfield "Broken Arrow" 1967
Buffalo Springfield "On the Way Home" 1968
Other artists set to perform at the always-epic acoustic annual fund raiser Oct 23 and 24 at Shoreline are Modest Mouse, Pearl Jam, Grizzly Bear, Lucinda WIlliams, Merle Haggard with Kris Kristofferson, Jackson Browne with David Lindley, T-Bone Burnett's Speaking Clock Revue (Neko Case, Elvis Costello, Ralph Stanley, Elton John, Leon Russell and Jeff Bridges) and more!
Tickets will be available for snapping up on September 19.


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2015 BMW 5 Series 4dr Sdn 528i xDrive AWD
Call for Pricing.
7 people viewed this vehicle
Contact Sales at Approved Car Loans
Phone: (604) 503-2886
7237, King George Blvd,, Surrey BC V3W5A7
2015 BMW 5-Series
|City L/100 KM
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Standard equipment
Skyline Auto Group Finance Department Welcomes you. We're eager to provide financing for your new purchase, we can assist in used car financing at the lowest rates in the market. It's easy to apply online and get pre-approved today.
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Skyline Auto Group is the One Stop used car dealership for all Makes and Models of both New and Used cars for sale. We offer Car Loans on Low interest rates and assure you of quick and easy Car Loan approvals. Even if you have New Credit, No Credit or Bad Credit : No problem. We can get you pre-approved. If interested, apply online now ! Use our Car Loan calculator to decide your budget and get approved. Loan approvals also come with Cash Back o.a.c ! Our Finance department will be able to assist you for these approvals.
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The build-up to Wales' friendly against Norway may have been overshadowed by the ongoing furore over Olympic availability, but midfielder Joe Allen says it is vital that on-field matters are not overlooked ahead of Saturday's clash at Cardiff City Stadium.
Captain Aaron Ramsey and star winger Gareth Bale have spoken of their desire to be involved in Stuart Pearce's GB squad for the 2012 Olympics, a stance which is at odds with the Football Association of Wales who are concerned at losing their individual status within FIFA should the players play a part in the Games.
Swansea playmaker Allen is another who would be eligible to play for Team GB, but he said: "There is game on Saturday and players and staff are only focused on that. These matters are over our heads, as professionals we are here to work hard and train hard for the game."
Copyright (c) PA Sport 2009, All Rights Reserved.


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Sunday, 2 October 2011
Cathedral of Industry: Story Frames
I often do quick 3d blockouts for these images to find the most suitable camera positions and also to use as a rough basis for the painting. Here is an example of something I might start with:
More soon - cheers!
6 comments:
- Peter Oedekoven said...
Great Nick!
Gotta learn this 3 d stuff !!! Seems to help ,when it comes to pespective and angles.
- 3 October 2011 at 00:34
- Kan Muftic said...
wow, wicked!
- 3 October 2011 at 01:50
- Johan Wahlbäck said...
Stellar work mate, I am really impressed by the personality you manage to inject into your character designs. Environments are great as well.
haha, you've got yourself a new fan I think ^^
- 4 October 2011 at 22:57
- Nick Carver said...
Many Thanks guys!
Peter Oedekoven: Yeah, I find it really helps me to get a better grasp of each shot in my mind and a greater appreciation for space within each scene. Setting up a bunch of cameras in a scene and then cycling through the shots in turn is really useful too, I think. Love the work on your blog, btw.
Kan: Cheers! Loving your recent updates, sir!
Johan Wahlbäck: Many thanks! You've got a great portfolio on your blog there.
- 5 October 2011 at 07:03
- Christopher said...
Great stuff very inspiring, getting off my butt now.
- 23 October 2011 at 11:05
- Sylvain Decaux said...
Wow those are looking great, the sense of scale is really tangible, awesome work !!
- 9 November 2011 at 11:06


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Let's Be Social!
Meet Noreen!
Hi! I'm Noreen, wife, mother of two amazing, almost grown, daughters, content creator, cook, baker and sister in Christ. Welcome to my Kitchen! I hope you stick around, enjoy the recipes and share them with those you love!
Click on a recipe to pull up a printable version!
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H.13844 - New construction home to be completed end of 2019. Fabulous southern views from this incredible property. Still time to make many of your own choices. Contact the listing agent for all information. Short distance to the beach and Marco Walk's shopping and dining.
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Psycho Pinball and Theme Park were considered on CD-i
>> Wednesday, June 30, 2010
Devin: Why didn't Philips or Codemasters pursue more conversion projects to CD-i, was anything planned besides Micro Machines?
Ash: Well, during MM we were all talking about a couple of further projects. A conversion of Codies' Megadrive game Psycho Pinball was the most considered, and for a while there was talk of a deal to do a conversion of Theme Park. With hindsight I am SO glad that never happened, it would have been a nightmare. In the end though the budgets were never going to be big, and after MM I opted to go and do a PlayStation title for Empire. With the low budget, and the fact that none of the other coders were ever really that interested in CD-i, I think it just died a natural death right there.
Psycho Pinball developed by Codemasters and published by Philips for PC CD-ROM seemed the perfect conversion candiate to CD-i. However with the decline of CD-i during this games release around 1995 it's easy to understand why they never forged ahead with the project.
We've seen just how well pinball dynamics can be converted to CD-i with Plunderball. Could Psycho Pinball have rivalled this game or is this just another game for the interactive Dreams blog CD-Imagine?
[Thanks, Ashley Hogg, Devin]


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This afternoon the world finally saw the Danish royal twins. At 3:35 pm Crown Prince Frederik and his wife Crown Princess Mary entered the foyer of the Danish National Hospital, Rigshospitalet, with the babies in their arms.
150 reporters and press photographers from all over the world met the happy couple with well wishes, questions and flashing cameras. The 38-year old Australia-born princess proudly carried her sleeping baby prince through the crowd of admiring onlookers. The little sleeping beauty rested comfortably in the arms of Mary's husband.
Frederik told the press that after the baby prince was born, he was put on his mother's tummy. Mary held his little hand while she gave birth to his sister, who saw the light of day 30 minutes after her brother. Since the twins were born, the young royal family, which is now a family of six, has been in a bubble of happiness, Mary said.
Even though a Cesarean is the method of choice for many twin parents, Mary proudly announced that she never had considered a Cesarean. It was a completely natural childbirth, or actually two births, as the Crown Prince pointed out.
During the hospital visit, the royal couple had worked hard on synchronizing the twins. It is important for twins to have the same eating and sleep schedule, otherwise breastfeeding becomes an impossible task. The Australian beauty added that there are noticeable differences in the temperaments of the babies. The princess is calmer than the baby boy, she said and smiled.
A reporter recalled that Frederik had told the press that he was prepared to have more children. "Did I really say that?", Frederik innocently asked and laughed. "We have our hands full now", Mary added and laughed too.
At 3:52 the couple thought it was time to head home. Everyone had expected them to have a driver but the young couple fastened their babies on the backseat and then entered the driver's seat and passenger seat in the front and took off to the castle.


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New Guinea, problems and prospects
Cheshire for the Australian Institute of International Affairs, 1973 - Papua New Guinea - 303 pages
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Administration Africa alienation Army attitudes Australian Government believe border Bougainville Bougainvilleans Britain British Canberra cargo cargo cult cent centre Christian CM CM coast coastal colonial comprising copra Council culture defence despite Djakarta Dutch East economic development elected electorates elite established European expatriate fact force FUNDWI future Gazelle Peninsula German groups Hasluck Highlands House of Assembly increasing increasingly independence indigenous Indonesian institutions interests Irianese island Japanese John Guise labour land language large numbers mainland Manokwari Melanesian million Minister mission missionaries Murray nationalist native Netherlands officers organisation Pacific Pangu Papua New Guinea Party Pepera Pidgin political development politicians population Port Moresby problems Queensland Rabaul relations relatively remain representative resentment Rorovana secessionism seek self-determination sense Sepik skills social society Solomons Somare Territory Tolai Torres Strait trade traditional United Nations village West Irian West New Guinea Western


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Sebelius exit opens new ACA front
Buckle up and get your gavels ready — here comes another round of contentious, high-profile hearings.
And they're coming just in time for campaign season, ahead of what was already going to be a difficult summer of people getting acclimated to their new plans and new insurance rates being announced.
Story Continued Below
Democrats will be hoping Health and Human Services Secretary Kathleen Sebelius's resignation — kept tightly under wraps since the one-on-one meeting in early March when she gave Obama the news — will finally force the president closer to the offensive, aggressive position on Obamacare that they'd been begging for.
( WATCH: Kathleen Sebelius career highlights)
In the post-nuclear option Senate, as long as the White House can keep 51 Democrats on board, President Barack Obama can count on OMB director Sylvia Matthews Burwell being confirmed to replace Sebelius.
But Republicans will be counting on doing their damage long before the vote goes to the floor, starting with the hearings.
"We should make them a priority because it's an opportunity to get answers about the future of healthcare for Americans," said Republican National Committee spokesperson Kirsten Kukowski. "We believe Republicans should focus on the big questions that remain about Obamacare — access to care and cost for millions of Americans who have already been suffering consequences of the Democrats' signature law."
( PHOTOS: 10 Sebelius quotes about the Obamacare website)
Democrats say they like the contrast this sets up: Republicans want to keep fighting the same old battle over Obamacare, they'll say, while Obama and his allies want to keep getting the system in shape — and by the way, so do the 7.5 million people who signed up for the law.
"It's a helpful way to continue this discussion that Republicans want to have in Washington," said a senior administration official Thursday. "Do we want to go into that with somebody who bears the scars and bruises of the last five years, or do we want somebody who can start fresh, has the credentials and was confirmed by the Senate 96-0?"
"GOP can't help themselves. they're gonna turn this into a circus," a Democratic strategist emailed. "If we're strong, we'll be fine. If we use the hearings as an opportunity to turn the issue around on Republicans, we're in good shape."
( QUIZ: How well do you know Kathleen Sebelius?)
Sebelius's resignation wasn't part of an coordinated plan with allies. Once chief of staff Denis McDonough was brought in to help begin planning the exit and sort through Burwell's selection, according to White House aides, he kept the circle of those in the know very small, to prevent what would have been a very damaging leak in the final stages of enrollment.
Senior Senate Democrats didn't get a heads up from the White House about the resignation, according to two Senate sources.
"Let's just say, it caught a lot of people up here by surprise," a senior Senate Democratic aide said.
Obama and his staff had a plan for how to handle health care in the midterms: avoid talking about it as much as possible, and bank on the intensity of attention around the problems fading. Maybe, just maybe, there would be enough people realizing benefits or getting tired of Republican talk of repeal that Obama would be able to get some of them to pay attention to his economic agenda.
( Also on POLITICO: Website fiasco will taint Sebelius' legacy)
Obama's campaign trail plan won't change in the wake of the Sebelius resignation, according to White House aides. Expect to see plenty of events unfold like Wednesday night's DCCC/DSCC fundraiser in Houston, when the president ticked through a laundry list of legislative priorities, but didn't mention Obamacare in his public remarks — not even to brag about the enrollment milestone.


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Proof positive that Palm will do business with anyone and everyone, the handheld computer manufacturer announced today that it will be licensing Research In Motion's BlackBerry Connect technology for use with its Treo 650 smartphone starting in early 2006. The deal also extends to future Palm OS-based Treos. It also means companies, like the one I work for, who have spent thousands of dollars on outfitting users with Blackberrys won't have to go through another new device rollout.
"The BlackBerry architecture and infrastructure are recognized around the world as secure, manageable, reliable and scalable, and we are extremely pleased to broaden the choice of BlackBerry-enabled handsets with the Treo 650," said Jim Balsillie, chairman and co-CEO at RIM. "We have already seen significant customer interest in this powerful combination, and we look forward to building on our relationship with Palm."
For Palm, the deal means being able to sell more of its Treo smartphones. Because a host of business software programs can run on its operating system, the Treo has been a big seller in the corporate market, and the addition of BlackBerry Connect to its Versamail program makes it an attrative solution to companies looking for push-based e-mail solutions. Though RIM was initially in talks with Handspring to include its technology into the Treo 600, the acquisition by Palm put negotiations on hold until now.
The deal also means a much-needed increase in RIM's subscriber base. The company is currently in legal hot water due to its patent dispute with NTP but has been able to distribute its BlackBerry Connect software worldwide thanks to licensing deals with NTP. With nearly 75 percent of the company's revenue derived from hardware sales, RIM needs to triple the number of new subscribers to maintain its current earnings growth.
RIM and Palm faced pressure to work out a deal so cellular carriers and corporate customers could offer a variety of devices with the BlackBerry software, but the newly-released Treo for Windows won't be using BlackBerry Connect any time soon. With Microsoft readying its own "Blackberry killer," these two former rivals in the handheld market will need each other if they want to hang on to their market share.


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Texas on the Potomac welcomes guest commentary from across the political spectrum. Today, we share a Memorial Day tribute to the fallen written by Vietnam War veteran and former Reagan administration official Tom Pauken.
Memorial Day is a special time as we recognize those military men and women who made the ultimate sacrifice with the loss of their lives in defense of our freedoms.
I think in particular of the nearly 60,000 fellow American soldiers of mine who did
not return home with us. May their souls rest in peace.
As we remember our fallen veterans this Memorial Day weekend, I want to share with you a moving story from my fellow veteran John Szczepanski who was a leader in our Vietnam Veterans Leadership Program during the Reagan Administration.
John recounts his reunion 30 years later with the family of a fellow American soldier who died beside him during the war:
"On December 25, 1968, Mark Kenneth Bryant was killed in Vietnam. I was next to him at his death. About 30 years later I met his mother Ruth and the woman Donna who was his fiancé at the time. I heard the story of his father's life after the death of his son and his brother Don's life after the death of his fiancé and his mother's life after the death of her son, Mark Kenneth. Their individual lives and the relationships became a longing of broken hearted people for a loved one. Mrs. Bryant asked me one question, 'was my son a good soldier?' Yes, Mrs. Bryant, he was."
On this Memorial Day weekend, let us remember our fallen soldiers (and their families) who gave their lives in defense of our country and never returned.


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UVA's Ruffin Gallery: "Touched by Virginia"
Ruffin Gallery shows "Touched by Virginia," a group show of work by UVA-affiliated artists, curated by UVA sculpture professor William Bennett. Artists include Golnar Adili, Britta Bielak, Jonathan Durham, Firat Erdim, Rosemarie Fiore, Judith Leeman, Maya Mackrandilal, Eric Schmidt, Ashley Williams, and Adam Wolpa. 179 Culbreth Road. 924-6123.


text:
A Year After the Boston Marathon Bombing, a Runner Rises
Lee Ann Yanni's Long Road Back to the Marathon
The bus to the start line leaves Monday at 5:30 a.m., in the predawn darkness. The meet-up is a half-hour before, at a hotel in downtown Boston. Lee Ann Yanni's race wave doesn't begin until almost 11:30 a.m. She intends to pack a change of clothes, flip-flops, gels, her race-day bib, with the number 28213. She'll have her phone with her favorite songs. Bon Jovi's "Livin' on a Prayer" is circulating at the top of her playlist. Journey, too. "Don't Stop Believin.'"...


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