text:
"Moving Crude Oil by Rail" will be presented by Alan Roach, senior vice president, business development, Watco Companies.
"Passenger Rail Projects and Interaction with Freight Rail" will be presented by Brent Ogden, vice president, AECOM San Francisco and Greg Greenway, executive director, Peninsula Freight Rail Users Group.
"Climate Change, Extreme Weather, and Transportation Infrastructure Vulnerability" will be presented by Carolyn Clevenger, planner/policy analyst, San Francisco Bay Area Metropolitan Transportation Commission and Claire Bonham-Carter, director of sustainable development, AECOM San Francisco.
"Railroad Data - GIS, PTC, and the Transformation from Departmental Data to Enterprise Data" will be presented by Alan Sisk, director technical services, Norfolk Southern and ARDA Secretary-Treasurer Nominee; Sal Macri, senior program manager, Canadian National; John Hawkins, general director, real estate operations, Union Pacific and Ben Smith, manager GIS systems, engineering, BNSF.
"Export Coal and the Railroads" will be presented by Skip Kalb, director of strategic development, BNSF Railway and Lauri Hennessey, Alliance for Northwest Jobs and Exports.
"Port/Rail Projects" will be presented by Bob Johansen, assistant vice president and director, ports and marine planning, AECOM and Stephanie Lane, manager, industrial development, CSX Transportation.
"The Rails to Trails program and the CSX High Line project" will be presented by Steve Crosby, president, CSX Real Property; Sandy Rex, president, RMI Midwest and Gary Rozmus, vice president, Gannett Fleming Engineers and chairman, ARDA Environmental Committee.
"Air Emissions Issues Related to Railroad Operations and Projects" will be presented by Melissa Hagan, senior regional environmental counsel, Union Pacific; Michael Steel, partner, Morrison & Foerster; Michael Barr, partner, Pillsbury and Kirk Marckwald, founder and principal, California Environmental Associates.
"Big Data Scenarios in Transportation" will be presented by Matt Miller, transportation industry principal, OSIsoft.
The annual meeting will be held at the Marines Memorial Club and Hotel in San Francisco, Calif.


text:
The construction industry normally prices new home construction using "dollars per square foot." It is extremely difficult to generalize the cost of constructing a log home on a per square foot basis because of regional differences. This is especially true of labor costs, but that isn't the even the biggest issue. There are huge numbers of variables. For example, is yours going to have a basement? If you do put The True Cost Of Constructing A Log Home Or Log Cabin Chester NY 10918 in a basement, is it going to be furnished? What sort of floor covering will your log home use? Will it be carpeting, tile, solid hardwood, a laminated wood flooring, or maybe slate? Then lets think about the kitchen. Will your it have formica or granite countertops? Will you use chrome or brass fittings? As for the bathroom, what types of fixtures are you going use? Will you have a Chester NY 10918 Jacuzzi? What about showers with the multiple heads? All of these individual choices can have a major impact on the cost of construction for a log, or any other kind of home.
Well, after saying how hard it is generalize the cost of construction, is there anything we can say about the cost of construction a log home? We can comfortably say that the cost of constructing one is competitive with Pole Barns - What About The Concrete Floor? Chester NY 10918 "stick construction." What does that mean? All things being equal — kitchens, basements, bathrooms, flooring — one will cost about the same as other construction techniques. You ask, how is this possible? The reason it is possible is the actual logs are a small part of the total cost of building a home. So let's cut through the mumbo-jumbo. What will it cost to build one. Some dealers quote prices Chester NY 10918 from $200 and $400 a square foot. On the other extreme, you will find people that quote prices like $60 a square foot. How can there be such a huge difference?
If you learn nothing else from this article, understand that you MUST compare apples-to-apples. You need to be sure and check carefully what the log home dealer / manufacturer is offering you. If you want a pile of logs and Chester NY 10918 you will do everything else, you can get the logs for maybe $30 a square foot. Having a roof, windows and doors is a good thing so if you want those, you are talking about $55 a square foot, but you still have to construct the log home and add the interior extras like floor covering and kitchen cabinets. Now let's go the next step. If you are talking about Chester NY 10918 a turn-key log home or cabin, the home will probably cost you between $120 and $160 per square foot. If you want high-end extras, then the sky is the limit.
When you talk to a log home manufacturer, do a reality check. Remember that they are in business to make a profit. Everyone wants a good deal but remember, "There is no such thing as a free lunch." If it sounds Chester NY 10918 too good to be true, it probably is. Be sure you are getting "value" for your dollars. Get a detailed list of what the log home manufacturer includes in their package. If one price seems too low to be true, ask more questions. If you can't see how they are cutting corners, consider sharing the information with one of their competitors. See what they have to say about the competition, Chester NY 10918 and listen and make decisions based on what all of your research tells you. Whatever you do, compare and ask questions. You are the one in charge. If they won't give you adequate answers, then you should go elsewhere. There are good dealers out there who are honest and will give you a quality home that will last a lifetime.
That last statement "last a lifetime," brings me to my final Chester NY 10918 point of discussion. They are different than normal construction techniques. One that is well maintained will last for multiple generations. That is not always the case when you consider normal stick-built homes. If you factor in the number of serviceable years that it provides you, you will get a true relative cost of construction. For example, if a house costs $200,000 to build and it wears out in one year, Chester NY 10918 then the true cost of owning the house is $200,000 a year. If it were to last for 20 years, the yearly cost of ownership would be $10,000 a year. If the home lasted you 50 years, the yearly cost of ownership is $4,000 a year and if it lasted hundred years, the cost would be $2,000 a year. The life span is a very long time if you keep Chester NY 10918 a good roof on the house and practice reasonable maintenance. One reason you don't see many log homes in the "want-ads" is many log homes have been passed down from one generation to the next. Your great, great grandchildren may very well still live in your log home. There are many still standing after a 1000 years in Europe.

subset: commoncrawl


text:
A major policy change by Microsoft will affect the user experience for Internet Explorer 10 users on Windows RT and Windows 8. The policy goes into effect today.
As explained in a developer guidance document — Developer guidance for websites with content for Adobe Flash Player in Windows 8 (Internet Explorer) — and an accompanying blog post, IE10 on Windows RT and on Windows 8 in the new Windows user interface will now allow all Adobe Flash content other than that on a Microsoft-curated blacklist, the Compatibility View list.
Previously, Microsoft used a whitelist approach to Flash support in IE10 — only sites on a Microsoft-curated whitelist were allowed to run Flash content. The restriction was put in place so as to allow only sites that worked properly in a touch environment and did not suffer certain battery-draining problems. According to Microsoft the change will only be implemented on systems where IE10, which integrates the Flash Player much as Google Chrome does, is fully patched. IE10 on Windows 8 in desktop mode is not restricted by either list.
Microsoft's explanation for the change is that "...we have seen through testing over the past several months, the vast majority of sites with Flash content are now compatible with the Windows experience for touch, performance, and battery life."
The whitelisting experience was confusing both developers and users. The new approach should make it far more common for IE10 users to see the content they expect on the web.
By the same token, the blacklist approach might create embarrassment for sites that are publicly labeled by Microsoft as unready for the experience. Perhaps Microsoft hopes this will spur them to address problems more promptly.
Whitelists are preferred in theory for security reasons because they allow curators of the list to maintain tight control of what will run. Blacklists put the onus on curators of knowing what content, of all out there on the web, is problematic.
Hat tip to Ed Bott on ZDNet.


text:
Spring ME is a version of ME that not only runs on your cell phone, but also on any other Java platform not supporting reflection. It is to Java ME what Spring is to Java SE and Java EE, which is indicated by the name. However, the "ME" (Micro Edition) suffix not only refers to the platform it supports. It also refers to the size of the runtime, which is pretty minimal. In fact, it's pretty much non-existent, and therefore ideal for situations in which you cannot afford the sheer size of the traditional Spring runtime.
Cradlecore for PHP creates objects using the Inversion of Control (IoC) to configure the objects externally. It provides a factory class which can create the objects and configure them according to configuration which can be defined externally using one or more XML files which define details of behavior of those objects. The external configuration can determine how the dependency injection occurs by defining whether the objects will be configured by passing specific parameters to the constructor or a setter function.
DSFoundation is a foundation enhancement library for Objective-C. It includes an IOC (Inversion of Control) container, translation (serialization and conversion) to and from Objects, YAML, and XML, automatic KVC adaptation and compliance, logging through an integrated Log4Cocoa, regular expression extensions, and much more.
Multiple vendor client/server UPS monitoring software.
A tool that parses PostgreSQL log files and generates fully detailed reports with charts.


text:
On the StarCraft II tip, GSL3 will kick off next week and the qualifiers have been played. The players that made it through are listed here and here.
Gaming News o'the Day
- BioWare announcing a new game at the VGAs.
- Homefront gets a release date: March 8, 2011.
- First Xbox 360 timed-exclusive Fallout: New Vegas DLC detailed/dated.
- Rage iOS game should be released shortly.


text:
Case Style: State of Missouri, Respondent, v. Jeffrey W. Gardner, Appellant.
Case Number: SC81611
Handdown Date: 12/07/99
Appeal From: Circuit Court of Cass County, Hon. Joseph P. Dandurand
Counsel for Appellant: Kent E. Gipson
Counsel for Respondent: Philip M. Koppe
Opinion Summary:
Jeffrey Gardner shot and killed Carol Drummond's husband. Gardner claimed the husband was wielding a knife and making threats. A grand jury returned a "no true bill." Four years later, a prosecutor charged Gardner with voluntary manslaughter, but the statute of limitations had run, so the prosecutor increased the charge to second degree murder. The jury convicted Gardner. He appealed.
Court en banc holds:
(1) Gardner has not presented evidence that the prosecutor upgraded the charge to punish Gardner for invoking the statute of limitations. Because voluntary manslaughter was no longer an option, the state charged an offense covering Gardner's conduct, which fit the statutory definition of second degree murder. Gardner failed to show any reasonable likelihood of prosecutorial vindictiveness.
(2) In Missouri, if a witness is sworn and gives some evidence, however formal or unimportant, the witness may be cross-examined as to all matters in the case. The defense called Drummond who stated her name, the length of time she had been at court, and that the prosecutor subpoenaed her. Because this was some evidence, the state was entitled to cross-examine her. Section 491.070 authorizes examination on the entire case.
(3) The defense called Drummond, and the state cross-examined her. Because she was the defendant's witness, the state could present evidence--six witnesses--to rebut her testimony.
(4) Gardner made an offer of proof that a gun had been discharged in the room before the victim was killed, to rebut inferences from finding bullets under the body. The offer of proof was vague and inconclusive as to the testimony itself. Gardner did not carry his burden that the witness would testify to facts that would counteract any unfavorable inferences.
(5) The lesser included offense of voluntary manslaughter incorrectly listed the range of punishment, and Gardner reasons that the jury would have convicted him of voluntary manslaughter if the sentence were 5 to 15 years. The jury was instructed properly on second-degree murder's punishment--10 to 30 years. The jury chose 20 years. This option is not within the range of punishment for voluntary manslaughter.
(6) Amid deliberations, the judge recalled the jury and read a corrected instruction, inserting the paragraphs and definition regarding sudden passion in the second degree murder verdict director. The judge's corrective action cured any prejudice.
Opinion Author: Duane Benton, Judge
Opinion Vote: AFFIRMED. All concur.
Opinion modified by Court's own motion on January 11, 2000. This substitution does not constitute a new opinion. Defendant Jeffrey W. Gardner was convicted by a jury of second-degree murder, and sentenced to 20 years' imprisonment. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const., art. V, sec. 10. Affirmed.
Defendant lived with Phillip Hancock and Carol Drummond, a married couple, and their daughter. On March 7, 1992, defendant shot and killed Hancock. The State presented the case to a grand jury, which returned a "no true bill." Four years later, a newly elected prosecuting attorney charged defendant with voluntary manslaughter. Because of the three-year statute of limitations on voluntary manslaughter, the State amended the complaint to second-degree murder.
In November 1991, Drummond asked Mark Lassince to shoot her husband while they were deer hunting, and make it look like an accident.
In December 1991, Hancock pushed Drummond, breaking her collar bone. Defendant witnessed the incident. Hancock pled guilty to assault, received probation, and was subject to an order of protection. In January 1992, however, Hancock moved back into the house, at Drummond's request.
Sometime in January 1992, Drummond told Phillip Gill that her husband was not going to get away with breaking her collar bone, "If we have to, we're going to blow his fucking head off, put a gun or knife in his hand where it looks like self defense where we were being threatened, and call 911."
One week before the shooting, Drummond talked with Andre Lassince about self-defense statutes and said that Hancock was being abusive. Drummond asked if he would still be her friend if she killed Hancock in self-defense.
On March, 6, 1992, Drummond told her sister, Carla Corum, that she was planning to kill her husband and asked Corum to baby-sit her daughter while she committed the crime. Corum added that she did not believe Drummond was serious.
The next day, March 7, 1992, Drummond paged defendant, indicating she was in trouble. Defendant drove to her house, although he stopped to buy cigarettes on the way. Arriving, he found Drummond outside with her daughter and a neighbor. Drummond told defendant that Hancock was upset because someone said something about the relationship between Drummond and defendant. After discussions at the neighbor's house, Drummond and defendant decided that she would return home to talk to Hancock. According to defendant, they agreed that defendant would move out; he returned to the house to pack his clothes. (During questioning by the police, however, defendant did not say that he had decided to move out or pack his clothes.)
Defendant claimed that, once in the house, he heard Drummond ask Hancock "What are you going to do with the knife," and Hancock threaten to "field-dress" her like a deer. Defendant testified that he felt that there was a threat to Drummond's life, and that he could not just stand by and "see what happened next." Defendant went to his bedroom to get his handgun.
Defendant testified that, approaching the master bedroom, he saw Hancock standing at the foot of the bed flailing a knife around in his hand. Defendant said that Hancock's eyes were bloodshot, and he continued to yell at Drummond. Defendant claimed that as he stood in the doorway, Hancock said, "[Y]ou better stay out of this or I'm going to kill you, too." According to defendant, Hancock was 12 to 13 feet away from him. Defendant said something about calling the police, and then Hancock started moving toward him.
Defendant testified that he raised the gun, cocked it, pointed it at Hancock, and said, "This is not -- not a good idea." Defendant claimed he shot one round, but could not remember it because of the adrenaline rush. According to defendant, Hancock kept advancing and defendant fired off two or three more rounds.
Defendant continued firing until the gun jammed. Defendant insisted that he did not fire after Hancock dropped the knife. Defendant said he turned around, walked away, and did not look at Hancock anymore.
Defendant admitted, however, that he may have fired a couple of shots into Hancock as he lay on the floor. Defendant said he then checked on Drummond, telling her to call 911. He next went to the kitchen and disassembled the gun. Defendant claims he sat on the couch and cried until he felt sick and went to the bathroom. Drummond then called 911, said there was a "party armed with a knife," but did not say anyone had been shot. When police arrived, Drummond told them that her husband had gone crazy and had a knife. Again, she did not mention he had been shot.
Discovering Hancock's body, the police asked Drummond who shot him. Pointing at defendant, Drummond said, "He did." Defendant responded, "I shot him." One police officer heard defendant say, "What was I supposed to do? He had a knife." The police found a knife on the bedroom floor, wrapped in a pair of men's undershorts.
Hancock was shot three times. John Cayton, a ballistics expert, testified that the wound to Hancock's back was consistent with the bullet shoring the skin as it exited against something hard. The other exit wound was irregularly shaped, with some tearing. Cayton concluded that Hancock may have been "just up off the floor" when the two shots were fired.
Two slugs were under Hancock's body. One was underneath his back. The other was lodged between the carpet and the concrete floor, near Hancock's head.
Defendant maintained that all the shots after the first one were accidental. Cayton testified that the gun required eight pounds of pressure to trigger each shot, more than twice the average single-action semi-automatic handgun. Defendant's gun was a 9-millimeter German Luger, World War II vintage, with a heavier trigger to prevent accidental discharge. On March 12, 1992, while being interviewed by the police, Drummond told Detective Lance Cull that if her husband ever attacked her with a weapon, she would have blown his head off.
Defendant asserts that the trial court should have sustained his motion to dismiss, due to prosecutorial vindictiveness. During informal conversations before trial, the State conceded that the statute of limitations for voluntary manslaughter had run, and requested defendant to waive the defense. Defendant refused. The State then upgraded the complaint to second-degree murder -- section 565.021.1.(FN1) Defendant then moved to dismiss, but was overruled. Defendant argues that the new prosecutor upgraded the charge from voluntary manslaughter to second-degree murder, in retaliation for defendant's (successful) statute of limitations defense.
A prosecutor has broad discretion whether to prosecute -- a decision seldom subject to judicial review. State v. Massey, 763 S.W.2d 181, 183 (Mo. App. 1988). A prosecutor does not have to file all possible charges in an initial indictment. Massey, at 183. A prosecutor may hold some charges in abeyance, for strategic use. Id.
The test for prosecutorial vindictiveness is whether the facts show a realistic likelihood of vindictiveness in the prosecutor's augmentation of charges. Id. Two factors are weighed: (1) the prosecutor's stake in deterring the exercise of some right, and (2) the prosecutor's conduct. Id. The burden to disprove the charge (through objective on-the-record explanations) does not shift to the prosecutor unless a realistic likelihood of vindictiveness is found. Id. Defendant has not presented any evidence that the prosecutor upgraded the charge to second-degree murder in order to punish him for successfully invoking the statute of limitations. To the contrary, the prosecutor acted within his discretion, because defendant's conduct fit the statutory definition of the crime. In this case, because voluntary manslaughter was no longer an option, the State charged an offense covering his conduct. Defendant has failed to show any reasonable likelihood of prosecutorial vindictiveness.
Defendant claims that the trial court should have barred the State's cross-examination of Drummond, as beyond the scope of direct examination. After subpoenaing Drummond, the State rested its case-in-chief without calling her to testify. Defendant called Drummond as his first witness:
DEFENSE COUNSEL: Tell the jury your name, please.
DRUMMOND: Carol Drummond.
DEFENSE COUNSEL: I know the man in the last row did not even hear her say her name, so you need to speak up.
DRUMMOND: Carol Drummond.
DEFENSE COUNSEL: Okay. How long have you been here today?
DRUMMOND: Hmmm, since 9:00 a.m.
DEFENSE COUNSEL: And why did you come here today?
DRUMMOND: I was subpoenaed by the prosecuting attorney.
DEFENSE COUNSEL: I have no further questions.
This testimony produced less than a page of transcript. The prosecutor then cross-examined Drummond (for 31 transcript pages) about Hancock's death, her relationships with Hancock and defendant, her statements to investigators, and her statements about killing her husband (which Drummond generally denied). Drummond did not directly implicate defendant. Defense counsel objected twice that the questioning exceeded the scope of direct examination. The judge overruled both objections. There are two different rules on the scope of cross-examination. First, the English rule:
When a witness has been sworn in chief, the opposite party may not only cross-examine him in relation to the point which he was called to prove, but he may examine him as to any matter embraced in the issue. He may establish his defence by him without calling any other witness. If he is a competent witness to the jury for any purpose, he is so for all purposes.
Fulton Bank v. Stafford, 2 Wend. 483, 485 (N.Y. 1829). More restrictive is the Federal rule.
[A] party has no right to cross-examine any witness except as to facts and circumstances connected with the matters stated in his direct examination. If he wishes to examine him to other matters, he must do so by making the witness his own, and calling him as such in the subsequent progress of the cause.
Philadelphia & Trenton R.R. Co. v. Stimpson, 39 U.S. 448, 461 (1840). Most states follow the Federal rule, which is codified in the Federal Rules of Evidence. 6 Wigmore on Evidence Sec. 1890 (1976) (Supp. 1999); Fed. R. Evid. 611(b).
Missouri follows the Federal rule only on cross-examination of a criminal defendant (and spouse). Section 546.260; State v. Worthington, ___S.W.3d___ (Mo. banc 1999) (No. SC81356, decided December 7, 1999). However, the Federal rule does not apply to any other witnesses. State v. West, 161 S.W.2d 966, 967 (Mo. 1942).
The English rule -- followed by a third of the states -- thus remains the law in Missouri. 6 Wigmore on Evidence Sec. 1890 (1976) (Supp. 1999). By the pure English rule, when a competent witness is called and sworn, the opposing party may cross-examine even if the calling party does not conduct direct examination, unless the witness was called by mistake. Harris v. Quincy, O.& K.C. Ry. Co., 91 S.W. 1010, 1010 (K.C. Ct. App. 1905), citing Phillips v. Eamer, 170 Eng. Rep. 383 (K.B. 1795). Missouri modifies this rule to: If a witness is sworn and gives "some evidence," however formal or unimportant, the witness may be cross-examined as to all matters in the case. Id. at 1011. Since 1840, this Court has enforced the modified English rule. See cases cited in the appendix to this opinion. In 1905 the legislature codified the case law. State v. Roe, 180 S.W. 881, 885 (Mo. 1915).
A party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness (except where a defendant in a criminal case is testifying in his own behalf) on the entire case . . .
Section 491.070, originally enacted as 1905 Mo. Laws 307 (H.B. 166 ) (emphasis added). The issue is whether Drummond's testimony was "some evidence." A witness may be examined on any issue in the case as long as the witness gives some evidence, however formal, trivial or unimportant. St. Louis & Iron Mountain R.R. Co. v. Silver, 56 Mo. 265, 266 (1874); State v. Soper, 49 S.W. 1007, 1010 (Mo. 1899). The threshold can be merely a "single isolated fact." Brown v. Burrus, 8 Mo. 26, 29 (1843) (¶ 30).
In this case, Drummond stated her name, the length of time she had been at court, and that she was under subpoena by the prosecutor. Because this was "some evidence," the State was entitled to cross-examine her.
Defendant further argues that the trial court allowed excessive cross-examination of Drummond. Section 491.070 authorizes examination on the "entire case." This means the whole case and nothing less. State v. Murphy, 90 S.W.2d 103, 109 (Mo. 1936). The trial court has broad discretion over the extent of cross-examination, especially in criminal cases. State v. Taylor, 944 S.W.2d 925 (Mo. banc 1997); State v. Murphy, 90 S.W.2d 103, 110 (Mo. 1936). Cross-examination tests a witness' accuracy, veracity and credibility. Blake v. Keiser, 267 S.W. 94, 97 (St. L. Ct. App. 1924). Therefore, cross-examination is not necessarily limited to those matters that tend to prove the issues on trial. State v. Mosier, 102 S.W.2d 620, 625 (Mo. 1937). True, cross-examination may not encompass incompetent, irrelevant, or immaterial matters. State v. Mull, 300 S.W. 511, 514 (Mo. 1927). However, questions of relevancy are for the trial court, whose ruling will be disturbed only for abuse of discretion. State v. Wood, 596 S.W.2d 394, 402 (Mo. banc 1980). In this case, the circuit court did not abuse discretion in permitting the cross-examination of Drummond.
Defendant asserts that the trial court should have excluded the rebuttal testimony of six witnesses: John Cayton, Phillip Gill, Carla Corum, Andre Lassince, Mark Lassince, and Lance Crull. In a continuing objection, defendant claimed that their testimony was irrelevant, prejudicial, and beyond the scope of rebuttal. Defendant suggests that the six witnesses were called, not to rebut his testimony, but to rebut Drummond's.
The trial judge determines the scope of rebuttal testimony, subject to review for abuse of discretion. State v. Leisure, 749 S.W.2d 366, 380 (Mo. banc 1988). "Any competent testimony that tends to explain, counteract, repel or disprove evidence offered by defendant may be offered in rebuttal of the defendant's testimony or evidence." State v. Peterson, 518 S.W.2d 1, 3 (Mo. banc 1974).
Defendant called Drummond as a witness, and the State cross-examined her. The State then called the six witnesses to rebut Drummond's testimony. Because Drummond was the defendant's witness, the State could present rebuttal evidence to her testimony. The circuit judge did not abuse discretion in permitting the rebuttal testimony.
Defendant asserts that the trial court should have permitted Drummond to testify on redirect examination that Hancock had fired defendant's gun in the bedroom, two weeks before the shooting. The offer of proof was:THE COURT: So my understanding is your offer of proof would be before this incident happened, which caused the death of the victim, sometime before that the victim fired the gun in that room once or more than once?
DEFENSE COUNSEL: That's correct.
THE COURT: Do you agree that's what she would testify to?
PROSECUTOR: I agree that's what she would testify to, your Honor.
THE COURT: Okay. The offer of proof is denied.
According to defendant, the trial court erred because the offered testimony might counter the "incriminating inferences that could be drawn" from the two bullets found under Hancock's body.
On redirect examination, a witness may testify to any matter that tends to refute, weaken or remove unfavorable inferences in the testimony on cross-examination. State v. Vitale, 801 S.W.2d 451, 455 (Mo.App. 1990), citing State v. Lingar, 726 S.W.2d 728, 734 (Mo.banc 1987), cert. denied, 484 U.S. 872, 108 S.Ct. 206, 98 L.Ed.2d 157 (1987). The trial court has discretion to determine the extent of rehabilitation. Vitale, at 455. Unless the record shows an abuse of discretion and a real probability of injury to the complaining party, an appellate court will not interfere with the discretion of the trial court on the scope of redirect examination. State v. Young, 701 S.W.2d 429, 432 (Mo. banc 1985).
Judicial discretion is abused when the trial court's ruling is clearly against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration; if reasonable persons can differ about the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.
Anglim v. Missouri Pacific R. Co., 832 S.W.2d 298, 303 (Mo. banc 1992). In sustaining the State's objection, the trial judge acted within his discretion. The offer of proof was vague and inconclusive as to the testimony itself. Defendant did not carry his burden that Drummond would testify to facts that would counteract any unfavorable inferences.
Defendant contends that the trial court erred in submitting instruction No. 9
on the lesser included offense of voluntary manslaughter.(FN2)
The instruction should have listed the range of punishment for a Class B felony -- 5 to 15 years' imprisonment. Section 558.011.1(2). Instead, it erroneously listed the range of punishment for a Class C felony -- one day in the county jail to seven years' imprisonment. Section 558.011.1(3); 558.011.2. Defendant claims manifest injustice, which precluded a fair trial.
Neither party objected at trial. Review is for plain error. Rule 30.20. Defendant asserts a reasonable probability that the jury rejected the lesser included offense, because it was instructed on the (lesser) range of punishment of a Class C felony. He reasons that the jury would likely have convicted him of voluntary manslaughter if the sentence were 5 to 15 years.
The jury was instructed properly on the punishment for second-degree murder -- 10 to 30 years. The jury chose 20 years. This option is not within the range of punishment for voluntary manslaughter -- 5 to 15 years. In this case, no plain error occurred.
Attacking another jury instruction, defendant notes that the verdict director for second-degree murder omitted the paragraph and definition regarding "sudden passion," and did not conform with MAI-CR 3d 313.04. Defendant argues that this eliminated any difference between the charged offense of first-degree murder, and the lesser included offense of voluntary manslaughter.
Defendant did not object to this instruction. Review is for plain error. Rule 30.20. Defendant advised the trial judge of the erroneous instruction -- after the jury deliberated for two hours. The judge recalled the jury, read a correct instruction, and directed them to resume deliberations. Once again, defendant did not object. The jury returned the guilty verdict 82 minutes later.
When an MAI-CR instruction is not given in accordance with the Notes on Use, it is error, with prejudice to be judicially determined. State v. Richardson, 923 S.W.2d 301, 318 (Mo. banc 1996); Rule 70.02(c). A defendant is prejudiced by an erroneous instruction if the jury was adversely influenced. Id. at 319.
Defendant asserts prejudice because he could not argue "sudden passion" in closing arguments. The judge's corrective action cured any prejudice. The jury's deliberation (for 82 minutes after receiving the proper instruction) indicates that it was not adversely influenced by the first, erroneous instruction.
Finally, defendant contends that the trial court should have sustained his motion for a new trial because the cumulative errors prejudiced him.
None of defendant's other six points is reversible error. No amount of non-error adds up to error; nor do the non-prejudicial errors in this case constitute reversible error. State v. Gray, 887 S.W.2d 369, 390 (Mo. banc 1994), cert. denied, 514 U.S. 1042, 115 S.Ct. 1414, 131 L.Ed.2d 299 (1995).
The judgment of the circuit court is affirmed.
All concur.
FN1. All statutory citations are to RSMo 1994.
FN2. At trial, defendant did not request an instruction on the lesser included offense of voluntary manslaughter, but did not object when the trial court submitted it on its own motion. Defendant noted, on the record, that he did not believe that the trial court had jurisdiction to sentence him for voluntary manslaughter if the jury returned that verdict.
Page v. Kankey, 6 Mo. 227, 228 (1840) (¶ 433)
Brown v. Burrus, 8 Mo. 26, 29 (1843) (¶ 30)
St. Louis & Iron Mountain R.R. Co. v. Silver, 56 Mo. 265, 266 (1874)
State v. Sayers, 58 Mo. 585, 586 (1875)
State v. Brady, 87 Mo. 142, 145 (Mo. 1885)
Jones v. Roberts, 37 Mo. App. 163, 176-77 (St. L. Ct. App. 1889)
Walter v. Hoeffner, 51 Mo. App. 46, 50 (St. L. Ct.App. 1892)
Diel v. Stegner, 56 Mo. App. 535, 540 (K.C. Ct. App. 1894)
State v. Soper, 49 S.W. 1007, 1010 (Mo. 1899)
Ayers v. Wabash R.R., 88 S.W. 608, 609 (Mo. 1905)
Harris v. Quincy, O.& K.C. Ry. Co., 91 S.W. 1010, 1010 (K.C. Ct. App. 1905)
Reding v. Reding., 127 S.W. 936, 940 (Spr. Ct. App. 1910)
Conway v. Metropolitan St. Ry. Co., 142 S.W. 1101, 1102-03 (K.C. Ct. App. 1912)
State v. Roe, 180 S.W. 881, 885 (Mo. 1915)
Blake v. Keiser, 267 S.W. 94, 97 (St. L. Ct. App. 1924)
State v. Hersh, 296 S.W. 433, 436 (Mo. 1927)
State v. Murphy, 90 S.W.2d 103, 107 (Mo. 1936)
Massman v. Muehlebach, 95 S.W.2d 808, 813 (K.C. Ct. App. 1936)
State v. West, 161 S.W.2d 966, 967 (Mo. 1942)
State v. Neal, 169 S.W.2d 686, 697 (Mo. 1943)
Arnold v. Manzella, 186 S.W.2d 882, 895 (K.C. Ct. App. 1945)
State v. Parker, 543 S.W.2d 236, 243 (Mo. App. 1976)
State v. Taylor, 745 S.W.2d 173, 175 (Mo. App. 1987)
D.K.L. by K.L. v. H.P.M., 763 S.W.2d 212, 219 (Mo. App. 1988)
Loyd v. Cooper, 899 S.W.2d 907, 908 (Mo. App. 1995)
Separate Opinion:
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.


text:
Monday, January 01, 2007
Rose Bowl Open Thread
Leave your thoughts before, during and after the game here.
Go Blue!
P.S. According to the Detroit News, U-M will be wearing "48/Bo" stickers on their helmets in honor of late President Gerald Ford and coach Bo Schembechler.
82 comments:
lets whoop some Trojan ASS!!!
It's Great to be a Michigan Wolverine!
- January 01, 2007 2:10 AM
Kick their ass!!!
- January 01, 2007 3:54 AM
- MGoBlue93 said...
The pep rally on the Santa Monica pier was AWESOME!!! GO BLUE! Beat SC!
- January 01, 2007 4:46 AM
Let's beat the Trojans so bad that people will be mad we're not playing Ohio State.
- January 01, 2007 4:55 AM
Bo and Jerry were great Americans and the best possible representatives of Michigan. I'm pullin' for a trashin' of the condoms today. Go Blue!!!!
- January 01, 2007 7:45 AM
- Chadwick said...
The Big Ten needs some victories today. We need Penn State, Wisconsin, and of course Michigan to win. Show the power of the Big Ten.
Go BLUE!
- January 01, 2007 9:44 AM
RIP Darret Williams
our prayers are with the Denver Broncos
- January 01, 2007 9:58 AM
I am glad to see the team honoring these 2 great Michigan men. Now let's go and beat those panty waist Trojans for Bo and Jerry!
- January 01, 2007 10:30 AM
Nice write up in Chicago Tribune today: http://www.chicagotribune.com/sports/college/chi-0701010245jan01,1,2939775.story?coll=chi-sportscollege-hed&ctrack=1&cset=true
Michigan 24 - USC 14
I could live with that....
- January 01, 2007 10:35 AM
I must say I'll root for the weasels today. Beat the condoms!
- January 01, 2007 11:37 AM
- dkneebone said...
Just saw the band at the parade and I am fired up. For those going to the game, represent for us big time and get loud! NO KEYS
- January 01, 2007 12:04 PM
GO BLUE! From another Blue team! Let's make sure Southern Cal gets their "three-peat"!
- January 01, 2007 12:13 PM
I can't bring myself to say that ugly phrase.....so I'll say: Go 2nd place Big 10 team! Beat USC.
- January 01, 2007 12:43 PM
- semperfibuck said...
Go Blue.... plleeeeease!!!
- January 01, 2007 2:31 PM
- Jason said...
Go BLUE!
Beat those Trojans just like that *other* team in blue did.
BTW, sorry about that basketball game a couple of weeks ago. At least we have basketball. I think I'd poke out my eyeballs if the only thing we had to hang our hats on was football.
Regardless, go out and win one for Jerry and Bo!
And be sure to make fun of the whole Reggie Bush being banned thing here on Tuesday.
- January 01, 2007 3:39 PM
Watching the SEC get whacked by the Big 10 today just makes me even more angry we are not in the title game...the entire reason florida made the game even though they had so many close calls is because their conference is supposed to be so much better than the big 10,,,what a joke, osu is going to beat them by as many as sweatervest feels like putting up.
- January 01, 2007 4:33 PM
Go Blue!
Michigan is an easy team to root for; I've always liked Michigan. Apologies for the basketball game last month, but we really tried our best to get you in the NC game.
Let's keep the Rose Bowl blue!
- January 01, 2007 5:22 PM
Michigan football is going on a downhill stretch. Could you imagine Coach Carr losing the last two games of the season for so many years? When will it end? He will end up like John Cooper at that school down south. We lose recruits. We lose games. Michigan football needs a new direction.
- January 01, 2007 5:26 PM
If one more announcer refers to the rose bowl as "the grandaddy of them all" I will kill myself.
- January 01, 2007 5:48 PM
Great game so far.
- January 01, 2007 6:28 PM
Halftime. Please let's run some "quick" passes instead of these long developing ones, those are not working or the running game either with USC blitzing.
- January 01, 2007 6:31 PM
We look pathetic, i am glad we are not playing tOSU next monday as we most likely get crushed.
- January 01, 2007 6:53 PM
- Katie said...
Ouch! This is painful.
- January 01, 2007 7:09 PM
- Jeffrey said...
So what I've been saying about your 'vaunted' defense is being proven tru again. Overrated. Front seven is pretty good. Above average definitely but a weak secondary and occasional big play lapses by the front seven are a HUGE problem. As a coolege football fan I'm glad you didn't get to play OSU again in the title game. As a Buckeye fan I'd love it!:-) I don't believe we've ever beaten you guys twice in a year?!
- January 01, 2007 7:20 PM
I think michigan is losing because of the grass. The grass at the rose bowl is really bad too
- January 01, 2007 7:27 PM
C'mon..put it in the air UM!!!
- January 01, 2007 7:27 PM
Offensive line and defensive secondary is costing Michigan bigtime. Rematch? HAHAHAHAHAHAHA.
- January 01, 2007 7:28 PM
- Jeffrey said...
haha 'grass' I love it. On MGBLOG the comments are blaming the refs. I think both are funny considering blue is getting outplayed and outcoached. But oh well.... Might as well use the same ones you guys used against the Bucks! Everything but the other team is better.
- January 01, 2007 7:30 PM
I hate comment thread trolls.
- January 01, 2007 7:41 PM
Time for a new head coach...
- January 01, 2007 7:41 PM
wow I wish I was a Michigan Wolverine cause I could cry to after getting my butt kicked by USC
- January 01, 2007 7:43 PM
Good thing you guys didn't play OSU again..They would have been very worried. Take your weak ass conference and get to the tought PAC 10
- January 01, 2007 7:45 PM
You can not blame the boys for this game, the blame goes to Carr. It does not matter how the game turns out, he is not the quality of coach needed by U of M.
- January 01, 2007 7:47 PM
RIP coach
- January 01, 2007 7:49 PM
quit crying MICHIGAN IS OVERRATED and THEY SUCK. Fresno State could beat them
- January 01, 2007 7:52 PM
Its the coaches fault. cry cry...THEY SUCK its not the coaches fault. If they win he will be the greatest coach ever. The players at Michigan SUCK
- January 01, 2007 7:55 PM
- Wholesome Goodness said...
Just some thoughts: Henne took every single snap from under center, I know we have at least one play in a shotgun formation, especially after the first five sacks. You have to do something different than just say, we just gotta block better.
We still ran the 4-3 well into the 4th quarter. Yep, we had that run covered, oh wait, they only ran the ball 3 times in the second half.
The word verification portrays my mood perfectly: grtggso.
- January 01, 2007 8:20 PM
Looks like the BCS got it right. Michigan was not the second best team in the country.
- January 01, 2007 8:23 PM
We had an argument..... not this is just bull shit..... Cant believe we laid an egg like we did. F the west coast get ready to play a game.
- January 01, 2007 8:24 PM
Michigan shouldn't even be included in the top 10 now. If they are rated above USC after this then their is something extremely WRONG
- January 01, 2007 8:25 PM
- Kraut said...
Yeah, pretty sad showing by both the Offensive and Defensive lines. Props to USC ... they dominated.
- January 01, 2007 8:26 PM
- John said...
how long will you put up with this UM fans? We put up with it for 15 years with Cooper
- January 01, 2007 8:26 PM
I thought this was suppose to be a Championship team. GO TROJANS
- January 01, 2007 8:28 PM
Maybe if the UM fans cry enough they will allow 3 more quarters to this game. A few more USC scores would look great.
- January 01, 2007 8:31 PM
is lloyd coming back next year
- January 01, 2007 8:31 PM
The coach needs to go after losing to osu the last 3 years and the last 3 bowl games, it is time for a change
- January 01, 2007 8:33 PM
fire lloyd carr
- January 01, 2007 8:34 PM
Is there a better way to honor Bo than losing in the Rose Bowl? I think not.
- January 01, 2007 8:35 PM
What happened to Michigan being the second best team? Where is your shit-talking now?
- January 01, 2007 8:36 PM
USC fans too dumb to find their own blogs? show some class. USC destroyed UM. Done and done.
- January 01, 2007 8:38 PM
lol cant say i didnt see this commin. Not the loss... i expected michigan to win, but i knew that if they lost there would be like 15 kids on here yellin "fire Carr." Its pathetic, he goes 11-2 and u bitch? Seriously get your act together, ur not a fan if ur constantly bitchin about the coach, ur just a hater
- January 01, 2007 8:39 PM
I think Michigan may be able to win the WAC. Although I here Idaho is pretty tough.
- January 01, 2007 8:39 PM
I love watching U-M play usually, but not today. Pete Carroll made Michigan look silly today. Props to USC. I think U-M needs to recruit more speedy players or something, they just looked slow today. Maybe it was the time off? But they seemed fast compared to ND, which isn't much of an accomplishment..looking back on it now. Well, I guess there's next year, but I just don't know.
- January 01, 2007 8:39 PM
Is the Bo comment really necessary?
- January 01, 2007 8:40 PM
First of all, you have a great team Michigan. You lost to two very, very good teams this year. But I must say that I was pulling my hair out at the lack of in-game adjustments today against an effective USC scheme. Not until late in the game (too late) did the offensive coaches go to spreading the speedy Trojans out, and hitting them with quick passes or shotgun formations. Henne had his back to a mad rush all day--no wonder he got sacked time and again. What is going on with your coaching? Your team, your tradition deserves better. There were two great teams on display today. But only one set of great coaches--the USC ones.
- January 01, 2007 8:43 PM
I just happy they didn't win, we would have heard for the next 10 years about how they were the best team in the nation and they got robbed by the BCS..Good thing we don't have to hear all that BS. Thanks to USC.
- January 01, 2007 8:43 PM
Carr only should get one more year to beat OSU and win a bowl game. He won't be fired this year because Henne, Hart, and Manningham are his recruits and they are coming back for 1 more year.
- January 01, 2007 8:49 PM
Can't blame Carr, or the coaches.. Players have to make blocks, players have to make plays. I've never seen Michigan so Flat. I'm disgusted right now.
Lets go blue.. get it together for next year!
- January 01, 2007 8:52 PM
I thought it was funny how in the interview Hart gave earlier that was shown during the first quarter he said he wants to beat OSU.
Funny....I thought Michigan didn't care enough about OSU to think about them, let alone MENTION them. Especially while preparing for the Rose Bowl. hmmmmm
Hey Yost...looks like today Hart cared more about beating OSU than Michigan winning!
- January 01, 2007 8:53 PM
MICHIGAN couldn't beat BOSIE STATE
- January 01, 2007 8:58 PM
- Jason said...
Bye Bye LLLLLLLLLLLLLoyd. UM deserves Hart coming back, he's never won Jack! ha
- January 01, 2007 8:59 PM
"Oh Yeah", you don't know what you are talking about. The interview was asking Hart if he was coming back next year and his rationale for doing so. Clearly he wants another shot at beating OSU. This isn't contrary to anything Yost posts about. If Michigan had beaten OSU 5/6 years and Hart said he wanted to come back and beat OSU when asked about the current USC game, that would be a different story, but that isn't what happened.
- January 01, 2007 9:00 PM
- semperfibuck said...
Pathetic performance... again. Thank goodness Hart, Henne, Long and the rest are returning next year. Given those losers and your coach, you have no chance!
- January 01, 2007 9:07 PM
anon 6:00 pm.
It has everything to do with what Yost posts about. He CONSTANTLY says that OSU is more focused on Mich than on themselves. (Which is ridiculous.) Just proved to me today that OSU is on Mich's mind just as much.
- January 01, 2007 9:09 PM
"Oh Yeah", you obviously didn't read anything I wrote. Of course OSU is important to UM and UM is important to OSU. No one denies that.
- January 01, 2007 9:16 PM
The kind of behavior Yost is talking about would be stuff like, Reporter: "Hey Troy Smith, how does it feel to have just won a national title?"
Troy Smith "Michigan sucks, I'm glad we beat them"
- January 01, 2007 9:21 PM
I bet all the Michigan fans will call in sick tomorrow, they should since they will be throwing up all night.
- January 01, 2007 9:21 PM
Hey ::sg --
If coaches put players in bad situations and ask them to do assinine things, they will play like, well, asses.
The coaching is holding Michigan back. Stop kidding yourself.
- January 01, 2007 9:22 PM
- Sports on a Schtick said...
SC made the adjustment in the passing game first. Carr took too long to decide to open up the vertical game. Still, it's hard to blame the coach for this one. He wasn't losing the battle in the trenches nor was he making mistakes in the secondary.
The Henne pick was a terrible decision in a moment of panic. Reminds me of what Booty was doing earlier in the season (see ND game).
A few missed deep balls and the interception aside, Chad had a pretty good game considering he was hounded all day long.
Booty and Trojan offensive coordinator Lane Kiffen went a long way in silencing their critics.
Jarrett, with his extraordinary talent and childish antics, is as good as gone.
It was Carroll at his finest seeing him go for the jugular instead of play it safe. Up two scores with less than 8 minutes to go in the game: 26 yard pass, 29 yard pass, 23 yard pass, 7-yard TD pass. Wow.
Should be fun watching the Trojans and Wolverines for years to come.
- January 01, 2007 9:27 PM
Ok Ok. I will let you live in your world of denial. At least it is a "classy" place.
Laugh Laugh
I was rooting for Michigan to win. I wanted the Big 10 to prove its dynasty. Penn State did their job today. So Wisconsin. Only Michigan dropped the ball.
- January 01, 2007 9:27 PM
Maybe UM got too much BOOTY tonight.
- January 01, 2007 9:31 PM
anon 6:21
If Troy Smith says that next week, then I will retract my statement. Yost is the one claiming we are too focused on beating Mich.
That was my point.
- January 01, 2007 9:31 PM
- TitleIX said...
To all the Anon responders who have left their eloquent football analyses...time to get off the computer and let your sister do her homework. ie, shut up.
The regular football fans on this site have yet to post and I will bet you that none of us will 'whine' or make excuses.
The cold hard plain truth is that Michigan was out-coached and out-played. Period. And all the tOSU fans out there should be worried, because if THIS is what the team who almost beat you looks like..be very afraid.
The problem today?? And perhaps in general??
There are many---
1) No ability to adjust the offensive scheme. Wisco was able to ditch the run and pass all day to beat Arkansas. Where the F was our shot-gun formation?? or short screens???? or 3-step drops???
2) Morgan Trent and the rest of the DBs are unable to understand their defensive scheme or make adjustments and cover. Let alone just plain run. How does the USC guy come off the line and drag alllll the way across the endzone uncovered???? WTF
3) The coaching staff is stuck in the 1990s. NO mobility of our QB. Booty rolls out every f'n play. Chad? 7 step drop waiting waiting sacked....pathetic. you can't establish an effective run getting sacked every series.
4) Lloyd will never get fired, but dammit the scheme has GOT to change. We live and die by the run, which is great if you have a mobile QB who can make the throws that then force the defense off the line. We need to recruit different types of players.....
And the offense has GOT to be more inventive and FASTER>>>> Booty was successful because he had 3 step drops all night long. Chad? LEAD BOOTS.
I could go on, but the proof is in the performance.
Very disappointing.
And for all you tOSU 'fans' out there, stop your freaking gloating becuz you have yet to play. I hope that the tOSU team Michigan played back in November is the real deal, otherwise we are all going to have a lot of 'splainin' to do.
- January 01, 2007 10:00 PM
- MaizeAndBlueInValpo said...
Well said titleix. You won't hear any whining or excuses from me. They just didn't get it done. I'm extremely disappointed, but i'm hopeful that they will get it together.
- January 01, 2007 11:11 PM
- diebuckeye said...
arguing on a message board is like "competing" in the special olympics. you may "win", but at the end of the day you are still retarded.
--GO BLUE-- (even though we suck)
- January 01, 2007 11:17 PM
- dkneebone said...
What a typical New Years Day effort by the Maize & Blue. How many of these will I see in my life. I should have expected it.
- January 01, 2007 11:21 PM
- Tania Rochelle said...
and you guys thought you should get a rematch with OSU? bwahahahahahahaha!!!!
- January 01, 2007 11:37 PM
- semperfibuck said...
great analysis titleix - yes, tOSU might get beat but it will not be because they were outcoached! And it will not be because they have slow linemen, a QB in cement boots who refuses to throw the ball away, and a mouthy tailback who ought to pay attention to the game at heand instead of dreaming (yes, dreaming) of a national championship. If the Buckeyes get only above average QB play next year, they will win in AA.... again!
- January 01, 2007 11:49 PM
- threadogg said...
titleix~piss on your analysis...happy feet Henne's gone...Carr is on the way out~ yes he's history, can't play with the big dogs, can't make offensive adjustments in big games, can't keep blowHART's mouth shut, can't control Arrington (remember the shoving match against OSU 2nd quarter that pissed off the Bucks just enough)..Carr can't recruit Heismens from Ohio anymore. It may be hard to swallow but it will take years for this program to rebound. screw the bucknut bloggers but we need to make changes now. and one more thing that game against OSU wasn't that close as we'd like to believe. Yes we should have won this game tonight against a mediocre Trojan team but it won't get any better next year regardless who returns with the staff we have now.
- January 01, 2007 11:55 PM
- BARman said...
If Carr cared about the program, he'd retire. It's time. I agree with T9--the coaching is stuck in the '90s. If he did go now, he could still do so with some dignity. If this trend continues (choking in the big games), that won't be the case...
- January 02, 2007 12:38 AM
- Josh said...
Man, Carr's gotta go before he does permanent damage to the football program. At what point does losing to OSU and losing a bowl game EVERY YEAR start to effect recruiting?
Did the team even practice in December? Did they watch game film? Because offensively, we had no clue. Is Lloyd Carr even capable of putting together an actual game plan and/or making in-game adjustments?
This team seems to have 3 running plays and 4 passing plays. That's it. We are so talented and so limited by boring, conservative play-calling. Carr and the coaching staff need to learn from this. It's not 1973 - these teams have speed and we need to use it.
- January 02, 2007 12:48 AM
- buckih8tr said...
Let me first start by saying good game to the USC program.They obviously did their homework unlike us.But hell when you run, run, pass and punt who the $#@* could not beat us.We were lucky to have that 11-1 record in my eyes. Next year will show that if some serious changes don't get made on the play calling.
- January 02, 2007 7:02 PM


text:
Edo Tensei Sasori (S) - Page 33
Naruto-Arena forces you to select 3 characters when you start a new game. This page gives you an overview of all characters available in the Naruto-Arena game. Not only can you view each character's skills, you can also discuss the characters by posting comments.
Edo Tensei Sasori (S)
Edo Tensei Sasori (S) has been resurrected in the ageless body that he had always wanted during his life. He is sent out to the battlefield in Akatsuki's ambush squad.Requirement to unlock: Mission: The Puppet Master is Back
Chakra Threads
Edo Tensei Sasori (S) uses Chakra Threads. For 3 turns damage to Edo Tensei Sasori (S) will be reduced by 10 points and Puppet Manipulation will deal an additional 5 damage.
Cooldown: 4
Chakra required:
Classes: Physical, Instant
Ally Control
Edo Tensei Sasori (S) uses Ally Control on one ally. For 1 turn all non ranged enemy skills used on that character will be reflected to the user of that skill. This skill is invisible.
Cooldown: 1
Chakra required:
Classes: Physical, Instant, Unique
Puppet Manipulation
Using Puppet Manipulation Edo Tensei Sasori (S) deals 15 damage to one enemy. For 1 turn non affliction damage that enemy deals will be reduced by 5. If the health of the target of this skill drops to 35 or below after this skill is used on them their physical and chakra skills will be stunned for 1 turn.
Cooldown: None
Chakra required:
Classes: Physical, Ranged, Instant, Unique
Falling Guard
This skill makes Edo Tensei Sasori (S) invulnerable for 1 turn.
Cooldown: 4
Chakra required:
Classes: Physical, Instant
Related subjects:
page 33
NARUTO © 2002 MASASHI KISHIMOTO. All Rights Reserved.


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When browsing the Dirty Laundry General Store\'s products, you shall remain an anonymous visitor. By entering the checkout procedure, you understand and give your consent for Dirty Laundry Vineyard Ltd. to create a user account on your behalf. Information provided to Dirty Laundry Vineyard Ltd. during any portion of the checkout procedure will be entered into a private database of our store users. Where such information contains an email address, you understand and agree that Dirty Laundry Vineyard Ltd. has your authorization to, from time to time, send email information to you regarding special offers or notification of events at the winery. Any and all information captured shall remain confidential and for the private use of Dirty Laundry Vineyard Ltd. and will not be shared with any third party. If you do not want to receive e-mail or News Letters from us, please adjust your Customer Account Preferences or email us by clicking on the Contact Us link.
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While minors can use our website, if you are under 18, we recommend you use DirtyLaundry.ca only with the supervision of a parent or guardian.
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Upon becoming a Dirty Laundry VIP you will receive an email with a 10% discount code good for use on-line OR our in our on-premises wine shop. This code must be presented at the wine shop register or entered on-line when prompted at the time of a purchase. Such codes are good for the entirety of a single purchase with certain exceptions. Such codes are void after use.
Bordello Wine Club members will receive on-line coupon codes which will be active throughout their term of enrollment in the Bordello Club. This coupon code is non-transferrable and will be valid only in conjunction with the shipping address associated with the Bordello Club membership. If you are on a multi-pay program, your coupon code is only active while your account is in good standing.
Discount Code Restrictions and Exceptions
On-line discount, promo and club codes cover all products in the DirtyLaundry.ca store. This includes wine products, wine accessories, apparel, food products, gifts and novelties. Items in general that ARE NOT discounted are: Bordello Club subscriptions, gift certificates, Bordello House reservations, Event Room and Patio bookings, packaged specials, event tickets, clearance items and other specific items that have been specially discounted. In certain cases, Bordello House reservations may be eligible for discounts.
Once your discount status is confirmed, you will see your discount applied to your order in the order recap section of the order confirmation page while checking out.
Unless otherwise stipulated, shipping charges are calculated upon the weight of the items within your order, the shipping method you choose, and the shipping destination.


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Saturday, October 30, 2010
Michigan vs. Penn State (and Other Games Today) Open Thread
(HT to our friend Mikoyan and the use of the image from his site Michigan Exposures)
55 comments:
- TitleIX said...
Go Hawkeyes!!!
- October 30, 2010 3:58 PM
- TitleIX said...
PLEASE tell me someone else is watching Sparty suck! Int and a lateral for the Hawkeyes!?! Gleeful,
- October 30, 2010 4:17 PM
- TitleIX said...
Uh oh....this might be a Honeydew Day for you guys.....hope you are getting stuff done while I am kicked back with beer and football! Tee hee!
- October 30, 2010 4:25 PM
- Yost said...
LOL, T9. I'm here, I'm here! Just late to the party.
- October 30, 2010 4:31 PM
- TitleIX said...
And another INT! Watching Iowa today makes me feel much better about our battle with them AND makes me believe in victory tonight.
- October 30, 2010 4:35 PM
- TitleIX said...
Chris Rucker. that is all.
- October 30, 2010 4:36 PM
- TitleIX said...
30-0 Iowa at the half. The Iowa fans sing song "over-rated!". No let up Hawks, no let up.
- October 30, 2010 5:02 PM
- Yost said...
Man, is this ugly. Karma on Dantonio for playing Rucker.
- October 30, 2010 5:09 PM
- justthinking said...
Love the Iowa time out with 3 seconds left in the half. I think that was a warning shot for the 2nd half - State better bring it cuz Iowa isn't going to let up.
Bummer that Rucker got the fumble back too.
2.5 hours to go - whooo.
- October 30, 2010 5:25 PM
- phil said...
I was just talking to Derek Dooley and he said Michigan State is facing their Waterloo with a beating much like Napoleon experienced from the advancing Prussian army. Then Dooley went into a nonsensical rant about Napoleon not having very good binoculars because they hadn't been invented yet.
- October 30, 2010 5:32 PM
- hmbfossil said...
Ok, good half, but I've ridden this Hawkeye roller coaster many times before.
However, I gotta believe this is the week the Hawks figure out the difference between "keeping your foot on the gas" vs. "throwing gas on the fire!"
- October 30, 2010 5:37 PM
- Yost said...
LOL, Phil!
- October 30, 2010 5:39 PM
- Yost said...
They look good this week, hmb. Should have won last week if they'd done what you said.
- October 30, 2010 5:40 PM
- TitleIX said...
I want 50 points !!!! As Andy would say: When is Stanzi gonna graduate?! Maybe the Lions could draft him...../snarky smile/
- October 30, 2010 5:44 PM
- hmbfossil said...
This score had better hold or it could be a long Trick or Treat tonight. My 9 y.o. is going as Ricki Stanzi and my 3 y.o. twins are each going as Herky! :)
- October 30, 2010 5:52 PM
- Yost said...
That's awesome, hmb!
- October 30, 2010 6:11 PM
- Yost said...
- October 30, 2010 6:17 PM
- Yost said...
This is how you know we've fallen...
The announcers in the MSU/Iowa game were talking about the remaining schedules of the 1 loss B10 teams and looking at Wisco's schedule of @Purdue, Indiana, @Michigan, NW they said, "And Wisconsin's schedule doesn't look to be too tough."
Wow a game against Michigan at Michigan is no longer considered a tough game for a team trying to win the B10 title. Ouch.
- October 30, 2010 6:43 PM
- TitleIX said...
heading to a game-watching gathering. will be mainly twittering @SpawnsTitleIX for those of that ilk.
- October 30, 2010 6:49 PM
- Andy said...
Notre Dame getting beat by Tulsa has to the equivalent to losing to Toledo.
Bad week for Notre Dame football.
- October 30, 2010 7:28 PM
- Andy said...
Oh yea, my eyes are all watery for Sparty....
Couldn't happen to nicer bunch of folks.
- October 30, 2010 7:31 PM
- phil said...
Notre Dame has just uncovered an egregious hiring mistake. Rather than hiring the brilliant Cincinnati coach, Brian Kelly, they unknowingly hired Brian Kelly, the plumber, from south Cincinnati. The hiring mistake became patently apparent by the play calling in today's 4th quarter vs. Tulsa.
- October 30, 2010 7:45 PM
- Andy said...
Why run Smith on 3rd and short?
- October 30, 2010 8:09 PM
- Andy said...
Penn State might make our defense look decent.
- October 30, 2010 8:10 PM
- Andy said...
Penn State QB = Nick Sheridan?
- October 30, 2010 8:12 PM
- Andy said...
Our D = a thousand paper cuts
- October 30, 2010 8:20 PM
- Andy said...
Penn State leads 7-0. I was wrong. No one can make our D look decent.
So far their QB is Nick Sheridan versus Minnesota in 2008.
- October 30, 2010 8:23 PM
- Yost said...
Wait! We have a pulse...
- October 30, 2010 8:31 PM
- Bigasshammm said...
Y'know I'm starting to hate this scheme. Why would you want to play at Michigan where it's the denard show on every down. There are TEN OTHER players on the field. I would much rather see Tate "lead" this team than DR run every play.
- October 30, 2010 8:33 PM
- Andy said...
I have no words....
Penn State 14-7.
- October 30, 2010 8:38 PM
- Yost said...
I do Andy - WTF?!?!
- October 30, 2010 8:38 PM
- kristy said...
this looks to be offense vs offense. the D looks the same as always, y'know, why change it up at all?! why aren't we wrapping the runners up?! my 12 y.o. knows to wrap up the runner and not just throw an arm out and hope the guy will fall!!
- October 30, 2010 8:41 PM
- Bigasshammm said...
We f'n suck.
Disclaimer. I've be. Up since 330. After working 9 hours I did the leave in my yard then 2 hours of trick or treat. Now it's a race to what makes me pass out first, beer or the awfulness of this team. Even if we win I'm already disappointed.
- October 30, 2010 8:41 PM
- kristy said...
gophers have at least scored on the bucks.
- October 30, 2010 8:43 PM
- kristy said...
tate is warming up? hmmm, do we have anyone to warm up for, say, the whole D?
- October 30, 2010 8:45 PM
- srudoff said...
sorry but denard is brittle. he's hurt every week it seems
- October 30, 2010 8:46 PM
- Yost said...
Kristy, if you live anywhere near Happy Valley, please send your 12 yr old over there. STAT!
- October 30, 2010 8:50 PM
- kristy said...
did anyone see the highlight earlier this week about the college game that ALL the lights in the stadium went out?! how crazy would that be at the Big House?!
- October 30, 2010 8:53 PM
- Yost said...
Would our defense know, Kristy?
- October 30, 2010 8:54 PM
- kristy said...
Good one Yost!! OMG!!! a field goal!!! straight and not blocked!!! unfortunately, I'm concerned that if we don't put 7 up whenever we can, it's gonna be ugly. How about tate at QB, with a bit of DR on the field as well...little confusion, maybe some craziness...whooo hoooo! what do we have to lose?!
- October 30, 2010 9:12 PM
- Bigasshammm said...
Can you fire a coach midgame? Seriously what did you do with those two weeks?
- October 30, 2010 9:20 PM
- kristy said...
does anyone have Ron Englishs' phone #?
- October 30, 2010 9:26 PM
- Andy said...
We are done. 28-10 Penn State.
Hello 5-7.
Goodbye RichRod
- October 30, 2010 9:27 PM
- surrounded in columbus said...
Looks like the beginning of the end to me.
About 30 minutes of game time before the speculation about the timing of the firing & the choice of a new coach can begin in earnest.
- October 30, 2010 9:34 PM
- Andy said...
We are making this TERRIBLE Penn State team look like the '78 Steelers.
Look at it this way: We are down 3 scores. Does anyone out there think our defense can make 3 stops in the second half?
- October 30, 2010 9:40 PM
- bigGexpress said...
I am officially out of any excuses for rr and am on the band wagon:
D.C. I agree kristy. The letter should look something like this.
Dear Ron,
Remember a few years ago I was complaining that you couldn't stop anyone and were a below average coordinator. Haha, j/k. Please come back.
Michigan Fans
- October 30, 2010 9:41 PM
- kristy said...
that was a dumb call!! run the clock down?! good throw by tate, but what was the point?! And they get the ball to start the 3rd quarter?! UGH!!!!!! It is Halloween weekend, can we trade jerseys or maybe slip them some bad candy?!
- October 30, 2010 9:42 PM
- phil said...
It's not looking good, at this point in time:
"We better wait until Rommel tells us what to do."
- October 30, 2010 9:43 PM
- bigGexpress said...
How about the first ever "in game" healing.
5 words
Five Field Goals Versus Temple
- October 30, 2010 10:09 PM
- surrounded in columbus said...
Nothing to do now but stand on the stern while the band plays "Nearer My God to Thee"
- October 30, 2010 10:26 PM
- bigGexpress said...
Sic, hahahahahahahahaha!
The worst part about this is where is our Juggernaut offense that can't be stopped.
- October 30, 2010 10:36 PM
- surrounded in columbus said...
All is lost, save honor
- October 30, 2010 11:07 PM
- Andy said...
From T9:
We ARE..... a shell of our former selves.
31-41. Penn State has the ball with little time left.
Rodriguez now has a 4-16 record in the B10.
I don't care if we beat Purdue and get to a bowl. I am done. I hope Dave Brandon is also.
- October 30, 2010 11:11 PM
- dave said...
It's really sad, we finally get an exciting type of offense and the defense leaves town - what is the big draw of a 3 man rush
- October 30, 2010 11:15 PM
- bigGexpress said...
I can't figure out how to post a picture or a link, so copy and paste if you wish. Sic has inspired me.
- October 30, 2010 11:17 PM


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Anyways, I post videos of my progress and whatnot so here are a few of them let me know what you guys think! I'll post more if you guys like
Thanks for checking out my thread I hope I can meet some great people here


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Download as vCalendar (for Microsoft Outlook etc.)
Gemma Hancock leads a screen workshop. She is an Emmy nominated casting director with a wealth of experience across TV, Film & theatre.
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The topic of alternative flooring is a broad one. People have different ideas about what "alternative flooring" actually means. To some, it is simply unconventional materials, or materials not typically seen in flooring used in that way. To others, alternative flooring means "green", renewable/sustainable, or eco-friendly materials. In this article, I will discuss a little of both, giving readers ideas and inspiration for various Exploring The Different Types Of Flooring For Your Home Eddyville KY 42038 alternative flooring materials that fall into either of those categories.
"Eco-Friendly" Types of Alternative Flooring
Cork– Yes, like in champagne bottles! Cork is made by removing the bark from Cork Oak trees without harming it. Since it doesn't harm the tree if done correctly, and it will grow back, it is considered a sustainable resource. Cork floors can look beautiful, but buyers need to be aware Eddyville KY 42038 of their unique qualities. It's soft, heat-absorbent properties make it comfortable to walk on, it is also an excellent noise insulation. Since it is moisture absorbent, it is not suitable for bathrooms. Typically, it is low in VOC (volatile organic compound) emissions.
Recycled/Reclaimed– Reclaimed wood is wood that is not created by chopping down a tree, but "reclaimed" or reused from many different sources like Flooring Options for Long Lasting Appearance Eddyville KY 42038 old barns or warehouses, train boxcars, or even logs found in rivers. Floors made from this wood can be very beautiful, and is ideal for someone who wants floors that look a little aged, or even rustic.
Linoleum-Linoleum, which many people confuse with sheet vinyl, is probably my favorite alternative flooring products. However, they are 2 very different products in terms of how and what Eddyville KY 42038 they are made from. Unlike sheet vinyl, which is made from PVC, linoleum is 100% biodegradable and made from completely natural and renewable resources like tree resins and natural oils. The colors in linoleum, unlike sheet vinyl, don't fade since the pigments are imbedded in the product, and not just applied to the top surface. It is also hypo-allergenic and anti-static, so it is Eddyville KY 42038 an ideal product for those with allergies. Also easy to clean and care for. Naturally fire resistant too! Who knew?
Bamboo-Many people don't realize, but bamboo is not actually wood, but a very large grass. Because it is fast-growing and renewable, it has become one of the most popular types of alternative flooring. It is anti-bacterial, water-resistant, durable, and now even harder thanks to new Eddyville KY 42038 manufacturing techniques. Bamboo is generally easy to install, usually coming in tongue-and-groove planks, and the price usually falls in between hardwood and laminate. However, check the product you are buying to make sure it was manufactured with natural-based adhesives!
Natural Carpet-Believe it or not, there is a huge variety of choices for sustainable carpets. These include carpets made from wool, cotton, sisal or jute.
Rubber– Genuine Eddyville KY 42038 rubber flooring, made from the rubber tree is a natural, renewable product. Easy to install, it has some other desirable qualities including sound and vibration reduction, and anti-static. It is also easy to install, and is ideal for rooms like garages, laundry, mud rooms, utility, etc. Just make sure the product you are getting is genuine and not synthetic rubber, which is not a Eddyville KY 42038 sustainable product.
"Unconventional" Types of Alternative Flooring
Plywood– In my article Plywood Flooring, A Very Creative, Affordable Option talk about using ordinary plywood as an alternative flooring. Cheap and versatile, it offers endless design possibilities.
Concrete– I am a huge fan of concrete as an alternative flooring, and it doesn't always have to look cold and industrial. They can be polished and stained to virtually any hue, Eddyville KY 42038 making them warm and inviting. Easy to care for, more economical than most floors, they have very high longevity. Offering endless design options like scoring, patterns, high gloss, and even faux finishes, they are a very versatile and creative choice of flooring.
So think out of the box! Alternative flooring doesn't have to mean "expensive", and many of these options cost the same, or even Eddyville KY 42038 less than traditional flooring options.


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I've been feeling down for the last few days and it's the same thing that has affected me since adolescence. For some reason I find it really difficult to connect with a lot of people and I'm painfully shy. I joined a gay group thinking that it would somehow solve these problems. Great! gay people! they'll know how I'm feeling, what I've experienced, we'll have loads to talk about!
Well no that didn't really happen. I've found one friend to talk to but he has become something of a comfort zone for me. But that's only because he's really intelligent and one of those people with whom you can talk about anything- that's why he has loads of friends. I just can't seem to connect with other people of my age. I know the other day I had some alcohol and that really brought down my inhibitions but I can't rely on that.
I think when I began school at 14, I made a decision to never let anyone know of my sexuality. I was afraid of letting my parents know and I didn't know what gay meant apart from others using it to mean shit. So I felt shit. In concealing it, I must have lost a part of myself and one of my teachers mentioned that it was if I had built brick walls around me cos I was so quiet and introverted. Out of 120 in our year I probably made 3 or more friends! I just remember feeling this incredible sense of isolation and a heavy, loneliness.
Anyway that's enough about me, I just hope I wasn't alone in feeling this.


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Tiki Wiki CMS Groupware is a full-featured, Web-based, multilingual, tightly integrated, all-in-one wiki, CMS, and groupware. Tiki can be used to create all kinds of Web applications, sites, portals, knowledge bases, intranets, and extranets. Tiki offers a very large number of features "out-of-the-box". It is highly configurable and modular. All features are optional and administered via a Web-based interface. Major features include a robust wiki engine, news articles, discussion forums, newsletters, blogs, file and image galleries, bug and issue trackers, a link directory, polls/surveys and quizzes, FAQs, a banner management system, calendar, maps, mobile access, RSS feeds, a category system, tags, an advanced themeing engine (Smarty), spreadsheet, live support, shoutbox, inter-user messaging, menu generator, advanced permission system for users and groups, internal search engine, external authentication support, and more. It was formerly named TikiWiki.
Collax Groupware Suite is a complete collaboration, e-mail, and messaging server with Outlook MAPI support. It offers enterprise email server functions, anti-spam and anti-virus filters, GUI management, a file server for SMB, NFS, FTP, and Apple shares, backup/restore server, IM server, and fax and SMS server. The groupware offers AJAX Web mail, calendar, team calendar, contacts, and tasks, and supports ActiveSync for mobile devices. It is free for private or commercial use of up to five users.
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Part-Time Jobs at THE HOME DEPOT in Oregon ( OR )
The Home Depot is the world's largest home improvement retailer and second largest retailer in the United States. We help our customers build their dreams by being more than a store.
THE HOME DEPOT is accepting applications for part time jobs in Oregon . in all the cities listed below. To see if THE HOME DEPOT is accepting application at a location that fits you, click on a City below.
Don't see your city? Just do a ZIP code search to find a job near you.
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|Qualir = Quality + Reliability
QL-BMW690 is a perfectly affordable player you can use on the road. With a stack of DVDs you can keep yourself entertained for hours. You'll also appreciate the wide variety of discs it can play. From its built-in GPS, you can select prime route in traveling. The TMC function keeps you up with the realtime traffic information. Additionally, it features A/V outputs, built-in stereo speakers, USB port etc.. It is a...
Model:QL-BMW690See All BMW 1 Series
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