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Mart Frazier, 64, of Port Royal, died Tuesday, Aug. 12, 2008 at Baptist Hospital Northeast.
He was the son of the late Edward Coffman Leonard and Anna Mae (Clark) Frazier.
Survivors include his wife, Carolyn Carson Frazier, Port Royal; five daughters, Lola Frazier, Campbellsburg, Beverly Morales, LaGrange, Carol Ann (Tom) Richie, Crestwood, Thelma Reza, Port Royal, Rebecca (Daniel) Martin, Port Royal; one son, Bobby Crouch, Crestwood; one sister, Louise Martin, Campbellsburg; one brother, Alan Frazier, Bedford; 18 grandchildren and 14 great-grandchildren.
CARROLLTON, Ky. – Kathleen "Kathie" Fulmer Valco, 56, died, Sunday, Aug. 24, 2008, at her residence.
Visiting hours are 5-8 p.m. today, Wednesday, Aug. 27, at Tandy-Eckler-Riley Funeral Home, 809 Highland Ave., Carrollton, with evening prayers at 7:30 p.m. at the funeral home.
Robert Samuel Tribble, 85, of Pendleton, formerly of Louisville, died Monday, Aug. 25, 2008.
Born in Shelbyville March 6, 1923, he was the son of James Jones and Newell Grace (Hulette) Tribble.
A four-great-nephew of Daniel Boone, he was very proud of his Kentucky pioneer heritage. During World War II he served as a radar technician with the 233rd AAA Searchlight Battalion in the South Pacific. He remained active with their reunion activities and edited their newsletter.
CARROLLTON, Ky. – Wanda Lee Lowry, 69, of Carrollton died Wednesday, Aug. 20, 2008, at Jewish Hospital in Louisville, Ky.
Funeral services were Saturday, Aug. 23, at the Worthville United Pentecostal Church in Worthville, Ky., with the Revs. Raymond Sharon, Glen Gibson, James Allen and Edgar Tetrick officiating. Burial was in the Worthville Cemetery.
CARROLLTON, Ky., – Thomas Gerald Hamilton, 56, of Carrollton died Monday, Aug. 18, 2008, at Veterans Hospital, Louisville, Ky.
Funeral services were Friday, Aug. 22, at Tandy-Eckler-Riley Funeral Home, 809 Highland Ave., Carrollton, with the Rev. Carroll W. "Bimp" McAlister officiating. Burial was in the Indiana Veterans Memorial Cemetery, Madison, Ind.
Barbara McQueary Keith, 63, of Scottsburg, Ind., died Thursday, Aug. 21, 2008.
Born May 11, 1945 in Lancaster, she was the daughter of Gus and Ola Mae Murphy McQueary. She enjoyed fishing, shopping and working in flowers. She was a member of the Solid Rock Community Church in Scott County, Ind.
MARYVILLE, Tenn. – Greg A. Curd, 54, of Maryville died Saturday, Aug. 16, 2008, at Blount Memorial Hospital in Maryville.
Visitation is 5-7 p.m. today, Thursday, Aug. 21, at Smith Trinity Chapel, Maryville. A memorial service will follow at 7 p.m.
Mr. Curd was a self-employed certified dental lab technician for 27 years.
James Robert Kuhlman, 50, of North Vernon, Ind., formerly of Trimble County, died Saturday Aug. 23, 2008 at his residence.
Born in Tampa, Fla. Jan. 17, 1958, he was the son of Jack and Loraine Stangle Kuhlman. He was employed with the Trimble County Road Department for nine years. He enjoyed watching wrestling and going boating.
Survivors include his mother, Bedford; two sons, Mike and Mark Kuhlman, both of North Vernon, Ind.; one daughter, Karla Kuhlman, North Vernon, Ind.; 11 grandchildren and several aunts, cousins and other relatives.
MILTON, Ky. – Edna Mae Ogden Pyles, 84, of Milton died Tuesday, Aug. 19, 2008, at Hanover Health and Rehabilitation Center, Hanover, Ind.
Funeral services were Friday, Aug. 22, at Mount Carmel United Methodist Church in Milton, with the Revs. Paul Tweedy and Lowell Ogden officiating. Burial was in the Moffett Cemetery in Milton.
Mrs. Pyles was born Nov. 27, 1923, in Trimble County to the late William Perry and Lizzie Smith Ogden. She was married to Chester Allen Pyles in La Grange, Ky., on Sept 7, 1940, in a double wedding with her twin sister.
MADISON, IND. – Clarence J. Gosman, 88, of Madison died Saturday, Aug. 23, 2008, at King's Daughters' Hospital in Madison.
Funeral services were Tuesday, Aug. 26, at the Morgan and Nay Funeral Centre, 325 Demaree Drive, Madison, with Bro. Clarence Doyle officiating. Burial was in the Olive Branch Cemetery near Madison.
Copyright © 2019
The Trimble Banner is your source for local news, sports, events, and information in Trimble County, KY and the surrounding area.


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(This was originally published on the now defunct CafeMagazine.com on June 14, 2010. Since this piece is no longer available online, I thought it would be fun to reprint it and take a look back at our familia during the 2010 World Cup.)
On Friday, my kids and I gathered around the television to watch the opening game of World Cup 2010, Mexico vs. South Africa.
I was rooting for Mexico, so naturally the kids were, too, (much to the annoyance of my Salvadoran mother-in-law who awakened to the entire household vested in green).
The kids really like fútbol but they have short attention spans, so to make it more exciting for them I promised candy at half-time – but this was not any ordinary candy. This was a mixed bag of "Dulces Mexicanos" from our local Latino market. Luckily my boys are pretty adventurous and were willing to give everything a try. Here is how they rated the Mexican candies, keeping in mind they've been raised on chocolate, butterscotch, jelly beans and other traditional U.S. candies. The candies are rated from one star (yucky-face inducing) to five stars (they'd eat the whole bag if I let them):
Coconut "banderitas": The tri-colored green, white and red Mexican flags were pretty to look at and tasted almost as good. Rating: ***
De La Rosa Dulce de Cacahuate: To be fair, I buy these all the time and am slightly addicted, so this candy is very familiar to the boys. They rated it highly and licked the crumbs from the wrapper. Rating: *****
Pica Pepino Relleno con Chile (lollipop): My younger son took one lick and rejected it. The older one took a few licks and ultimately agreed. I thought it was kind of interesting though. Rating: **
Duvalín Dulce Cremoso Sabor Avellana y Vainilla: My husband really likes these, but the kids weren't that impressed. Rating: **
Go Mango Enchilado: I think the boys were more put off by the way this one looked than the way it tasted. They barely gave it a nibble. To me it tasted like a slightly spicy fruit snack. Rating: *
Obleas con Cajeta: How can cajeta possibly not taste good? Yet, they didn't like this one. Rating: *
Eskandalosos Paleta de Caramelo con Chile: I thought they would reject this one immediately but they loved it. They were fruity flavored with just enough spice to make them interesting. Rating: *****
Benyrindo: Deceptively shaped like a Coca-Cola bottle, everyone was fine with this candy until biting into it and releasing the tamarindo flavored juices. Maybe you have to be raised eating tamarind to appreciate these sorts of things? Rating: *
Pica Limón: One child rated this highly and the other rated it low, yet they both kept trying it and laughing. I think the fun of this one is watching people's reactions after eating it. Rating: ***
In the end, Mexico and South Africa tied 1-1, bitter disappointment for fans on both sides who wanted to see their team win, but my boys' memories of the game are not bitter; they are sweet like cacahuate, sour like limón and spicy like chile.

subset: commoncrawl


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STOCKTON — My buddy Kurt once lived along a picturesque tree-lined street in Stockton's University District.
It was here at this West Monterey Avenue home where he and his family witnessed the fall foliage that usually began in October. "I also knew I'd be spending most of my weekends raking leaves," he said years later.
Kurt moved to a new home in the gated Brookside community, where he missed his surroundings of mature shaded trees but not the chores of raking.
Say what you want of Stockton, but Sunset Magazine named it one of the best tree cities.
"Stockton takes its shade tree so seriously: They help cool down the San Joaquin Valley's famously hot summers," the recent article said.
The city was shaped by a concerted effort that began in the 1920s thanks to a municipal tree-planting program.
Today, Stockton boasts about 100,000 trees, including 2,500 new ones planted each year. Listed are valley oak, Modesto ash trees and Chinese pistache, to name a few.
From this comes the season of change, with the fall colors evident in many of the tree-lined streets around town.
Right now, you can pick any street around town and already see the coloration of leaves on some of the trees.
I happened along one of the historic homes of Stockton, along Bristol Avenue and North Kensington Way just south of the University of the Pacific, surrounded by aging oak and other tree varieties, noticing the beginning stages of the fall foliage.
From Bristol Avenue, I turned on to Westminster Avenue – another picturesque tree-lined street – and noticed more fall colors.
Meander in any direction along the University District, including the University of the Pacific's main campus, and you'll come across the season of change.
STOCKTON — My buddy Kurt once lived along a picturesque tree-lined street in Stockton's University District.


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I am looking for a stern pulip for my 1981 Hunter 22. any clue as to were I could get one. I prefer new but would take a used one if need be.
You can fabricate yours with Rail Fittings, Stainless Steel Tube or Stantions. For a smaller boat, it can be cost prohibitive to buy a new stern pulpit - but building it is affordable.
For used, that will be a challange. Most people want to hang onto their stern pulpit. Check your local boat yards.
I just purchased my first sail boat. A Johnson x class sailboat from the 1970s. I'm not sure how the rigging for the jib sheet is supposed to go, but I was thinking of using some kind of pulley and cleat on a track. Something similar to what is shown in a book (this is sailing). They use a sunfish for an example boat in the book. Is this a good idea to use. Or can I get help (pictures) how the rigging originally was on the Johnson boat.
OK - I will try to address all that could possibly be what you are reffering to, working from forward, aft;
The Jib Sheet attaches to the clew of the sail. The sheets typically run down both sides of the cabin, aft, to a pulley (block) on a track. The jib sheet then wraps on the winch (bigger boat) or just a cleat (small boat).
If you do not have a track, a track and car / block system can be purchased.
I am looking for RWO p# R8160 halyard jammers. I am in need of 4. Anyone know where I may purchase them?
I don't know for sure, but I believe these halyard jammers have been discontinued. You might try calling some of the older chandleries and checking their stock.


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Think of the Bundesbank as a very expensive mechanic –- one that's been trained to diagnose the ills of the most finely-tuned engines. Well, he's wiping his hands on his expensive BMW overalls, grabbing a clipboard and delivering some unwelcome news.
It seems that Europe's largest economy, which many have held up as the ultimate engine of growth for the deeply troubled euro zone, is losing power. The Bundesbank on Friday sharply cut its forecasts for 2013 growth in gross domestic product to a measly 0.5% (on a calendar-adjusted basis) from its previous estimate of 1.6%.
Sure, many economists thought they heard troubling sputtering a few kilometers back on the autobahn, but the depth of the Bundesbank's revision appeared to give investors a bit of indigestion.
Exports are the culprit. The Bundesbank now expects net exports to swing from contributing one percentage point to GDP growth in 2012 to providing a drag of 0.4 percentage point in 2013, while domestic demand is expected to strengthen.
The Bundesbank wants you to remain calm. While some sluggishness may be in store, there's no need for an expensive overhaul. The slowdown will be temporary, concentrated in the first half of the year after a likely contraction in the current quarter. Growth is expected to return to a 1.9% annual pace in 2014. German GDP grew by 3.1% in 2011.
Moreover, German workers are unlikely to take a big hit, with working hours serving once again as a "cyclical buffer," the central bank noted.
"The sound underlying health of the German economy suggests that it will overcome the temporary lull without major damage to the employment, in particular," reassured Bundesbank President Jens Weidmann.
Indeed, one of the highly touted features of the German economy is its "kurzarbeit," or short working hours, program, which was credited with damping the impact of the post-financial crisis downturn on the country's labor market. Buba, as the central bank is known, sees unemployment edging up to 7.2% in 2013 before slipping back to 7% in 2014.
So the German economy isn't about to land in the ditch, but don't expect it to have the horsepower to pull the rest of the region to safety, either.
"All in all, today's Buba's projections are consistent with the downward revision of [euro-zone] GDP presented by the ECB yesterday. Germany is not expected to fall in an outright recession but certainly it will stop to be the main engine [euro-zone] growth," said Annalisa Piazza, economist at brokerage Newedge in London.
-- William L. Watts
Follow on Twitter: @wlwatts


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Commonly, most of drivers can be installed silently by Driver Genius after clicking the' Update All' button. But some drivers just can't be installed silently because of their own reason.? For example, the Realtek Cardreader driver. This drivers can't be installed silently by Driver Genius, you have to install it manually.Click the 'Install' button after the driver was downloaded completely, then leave the rest to Driver Genius. The program will install the driver automatically at this moment.
How to install new drivers to your computer?
Modified on: Fri, 21 Jul, 2017 at 2:08 PM
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|Elizabeth de Stadler
Elizabeth specialises in all things Consumer Law, plain language drafting and designing and delivering training. She prides herself on being slightly out there and bringing a fresh perspective to compliance issues.
All rights reserved. Copyright © 2019. Republish permission. ADSL & Web hosting proudly provided by Afrihost. Bizcommunity.com, its sponsors, contributors and advertisers disclaim all liability for any loss, damage, injury or expense that might arise from the use of, or reliance upon, the services contained herein. Privacy policy, Terms of Use, PAIA.


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Top Items:
Dylan Scott / Talking Points Memo:
Paul Ryan Fact-Checks Republicans On Obamacare Job 'Costs' — At least one Republican is setting the record straight on what the Congressional Budget Office actually said this week about Obamacare and its effect on jobs. — House Budget Chair Paul Ryan (R-WI) explained in a Wednesday hearing …
Discussion: Liberal Values, The Baffler, Daily Kos, ThinkProgress, Liberaland, Fox News and Washington Monthly
Ron Chusid / Liberal Values: CBO Director States Affordable Care Act Will Reduce Unemployment; Paul Ryan Corrects Republican Misinformation
Joan McCarter / Daily Kos: Paul Ryan has momentary lapse into truthfulness
ThinkProgress: Conservatives Seize On Report To Argue Obamacare Is A Job Killer — But The Author Says They're Wrong
Greg Sargent / The Plum Line:
CBO director: Obamacare will reduce unemployment — As noted here yesterday, Republicans went mad with glee at the new Congressional Budget Office report on deficits and the Affordable Care Act, with multiple GOP officials claiming it showed the law will kill over two million jobs. That was false.
Discussion: Ross Douthat, JustOneMinute, Liberaland, New York Magazine, The New Republic, Economix, Mediaite, Daily Kos, Paul Krugman and Hullabaloo
Jonathan Chait / New York Magazine: 'Obamacare Bailout' Does Not Exist, Confirms Government; House Republicans Demand Its Repeal Anyway
Jonathan Cohn / The New Republic: Obamacare Is Not a Job Killer
Jared Bernstein / Economix: A Report's Real Message: It Wasn't About Health Care
Joan McCarter / Daily Kos: CBO director: Obamacare won't kill jobs, it'll create them
Sahil Kapur / Talking Points Memo:
Republicans Wanted To Free Workers From Bad Jobs Until Obamacare Did It — Republicans have long supported de-linking health insurance from employment in order to give workers more economic freedom. But now they're attacking Obamacare for ... doing just that.
Discussion: National Review and Business Insider
Ramesh Ponnuru / National Review: Obamacare, Job Loss, and Conservatives
New York Times:
Freeing Workers From the Insurance Trap — The Congressional Budget Office estimated on Tuesday that the Affordable Care Act will reduce the number of full-time workers by 2.5 million over the next decade. That is mostly a good thing, a liberating result of the law.
Ed Rogers / PostPartisan: The Insiders: Obamacare discourages work
Noah Rothman / Mediaite: NY Times: CBO Report Shows Obamacare 'Liberating' People from Fulltime Work
Melissa McEwan / Shakesville: In the News — Here is some stuff in the news today!
ZIP / Weasel Zippers: NY Times Calls CBO Report Showing Obamacare Will Reduce Workforce By 2.5 Million Jobs A "Good Thing," "Liberating"...
Tom Kludt / Talking Points Memo: New York Times Editorial Board Tells It Like It Is On That CBO Obamacare Report
Jack Mirkinson / The Huffington Post: A Lot Of Media Outlets Botched The CBO's Obamacare Report
Tom Maguire / JustOneMinute: Slacking Equals Success
Thomas Lifson / americanthinker.com: Elitist lipstick on the CBO pig
Jonathan S. Tobin / Commentary Magazine: CBO Political Dynamite: OCare Job Losses
Greg Sargent / The Plum Line: What the CBO report on Obamacare really found
John Podhoretz / New York Post:
Congressional Budget Office sends death blow to ObamaCare — The Affordable Care Act, a k a ObamaCare, became law almost four years ago. It became operational last Oct. 1. Yesterday, Feb. 4, 2014, the ACA may well have been dealt its death blow.
Discussion: Taylor Marsh, The Plum Line, Outside the Beltway, Scared Monkeys, No More Mister Nice Blog, Power Line, The PJ Tatler and Politico
Ryan Cooper / The Plum Line: On jobs, conservatives are completely full of it
James Joyner / Outside the Beltway: ObamaCare Will Push 2 Million Out of Work! And That's a Good Thing!
Scared Monkeys: Contrary to what Americans were Told ... The CBO Says Obamacare Is Slowing Growth & Will Kill …
Scott Johnson / Power Line: Theory of the new leisure class
Bryan Preston / The PJ Tatler: Nancy Pelosi Promised Obamacare Would Create 4 Million Jobs. Um, About That...
Will Obamacare Kill Jobs?
Will Obamacare Kill Jobs?
Discussion: VodkaPundit and The Federalist
Stephen Green / VodkaPundit: The Real Jobs Killer
Wall Street Journal:
The Jobless Care Act
The Jobless Care Act
Discussion: ThinkProgress, Washington Post, Business Insider, NewsBusters, Betsy's Page and The White House
Dana Milbank / Washington Post: Obamacare's scorekeepers deliver a game-changer
Mark Finkelstein / NewsBusters: 'Mad Man' Sam Stein's Hilarious Response To Calamitous CBO/Obamacare Report
Betsy Newmark / Betsy's Page: Cruising the Web
Erik Wasson / The Hill:
Government will pocket $8B profit from ObamaCare 'bailout' program, CBO says
Government will pocket $8B profit from ObamaCare 'bailout' program, CBO says
Discussion: Talking Points Memo, Washington Monthly and Mother Jones
Matthew Yglesias / Slate:
How the CBO Thinks Obamacare Will Kill Jobs
How the CBO Thinks Obamacare Will Kill Jobs
Discussion: News Desk, Business Insider, CBO's Publications, The Week, The Dish, American Prospect, Crooks and Liars and National Review
Andrew Sullivan / The Dish: Obamacare's Economic Check-Up
Reihan Salam / National Review: Obamacare and the Gender Gap
Dylan Howard / RADAR:
Hurley's Ex-Lover Caught On Bombshell Audio Recording Revealing Ex-Prez's White House Sex Romps Behind Wife Hillary's Back — As Hillary Clinton prepares to run for President in 2016, RadarOnline.com has uncovered bombshell new information that could torpedo her White House dreams …
Discussion: NY Daily News, Mediaite, Weasel Zippers, Gawker, CANNONFIRE, The Daily Caller, The Raw Story and PerezHilton
Rachel Maresca / NY Daily News: Elizabeth Hurley denies reports she had affair with former President Bill Clinton
Josh Feldman / Mediaite: Tom Sizemore Refutes His Clinton-Liz Hurley Affair Claim: Just the 'Ravings of a Drug-Addicted Actor'
TBogg / The Raw Story: Horndog ex-pres was banging hot babe, says actor you might remember from that one movie
Perez Hilton: Bill Clinton Accused Of Having A Secret Sexcapade With Liz Hurley & You'll Be Shocked When You Hear Where Hillary Was!
Ashley Killough / CNN:
Biden's one reason NOT to run for President — (CNN) - As he considers another run for the White House, Vice President Joe Biden laid out one reason why he wouldn't want to be the nation's next chief executive. — "Everybody wants to know whether or not I'm going to run for president.
Discussion: Politico, Weasel Zippers and The Daily Caller
Scott Wong / Politico: Joe Biden's Corvette bummer
ZIP / Weasel Zippers: Biden: "I'd Like To Get That [Corvette] Z06 From Zero To 60 In 3.4 Seconds"...
Jamie Weinstein / The Daily Caller: Joe Biden reveals why he may not run for president in 2016
Jim Geraghty / National Review:
The Soft Underbelly of Hillary Clinton's 2016 Bid
The Soft Underbelly of Hillary Clinton's 2016 Bid
Discussion: Mediaite, The Daily Caller, The Dish, Lawyers, Guns & Money and Conservatives4Palin
Matt Wilstein / Mediaite: Actress Elizabeth Hurley Denies Affair with Bill Clinton
Betsy Rothstein / The Daily Caller: Bath Time — Liz Hurley denies year-long affair with President …
Andrew Sullivan / The Dish: Clinton's Achilles Heels, Ctd
Scott Lemieux / Lawyers, Guns & Money: It's Out There! — The NRO launders some slime about Bill Cinton by going meta:
The Lead with Jake Tapper:
John Kerry a no on 2016: This is my last stop
John Kerry a no on 2016: This is my last stop
Discussion: Talking Points Memo, Politico, Weasel Zippers and Mediaite
Tom Kludt / Talking Points Memo: Some People Actually Thought John Kerry Might Run For President Again
DefendWallSt / Weasel Zippers: John Kerry Will Not Run For President In 2016
Eric Lach / Talking Points Memo:
Christie's 'High School' Attack On Wildstein Has One Big Flaw — An article published Tuesday by The Bergen Record called into question the accuracy of New Jersey Gov. Chris Christie's (R) attack against the character of former Port Authority of New York and New Jersey executive David Wildstein.
Discussion: NorthJersey.com and Firedoglake
Wayne Slater / Trail Blazers Blog:
Chris Christie leaves Bridgegate and heads to Texas to help GOP — Rick Perry and Greg Abbott send regrets
Chris Christie leaves Bridgegate and heads to Texas to help GOP — Rick Perry and Greg Abbott send regrets
Discussion: Talking Points Memo, Capital New York and Reuters
Hunter Walker / Talking Points Memo: Rick Perry And Greg Abbott Plan To Skip Christie's Fundraising Trip To Texas
Reid Pillifant / Capital New York: Christie tour starts in Texas, without Perry or Abbott
Gabriel Debenedetti / Reuters: Facing scandal at home, Christie set to launch national tour
Paul Waldman / American Prospect:
Is Chris Christie Being Treated Unfairly?
Is Chris Christie Being Treated Unfairly?
Discussion: Washington Monthly and nbcnewyork.com
Steve Strunsky / New Jersey Online:
Port Authority eliminates 'director' job created for Wildstein
Port Authority eliminates 'director' job created for Wildstein
Discussion: Talking Points Memo, Capital New York, Mediaite and Daily Kos
Dana Rubinstein / Capital New York: Cuomo and Christie push reform, unequally
Alicia Dennis / People.com:
Dylan Farrow's Brother Moses Defends Woody Allen — Dylan Farrow's Feb. 1 open letter to The New York Times detailing sexual molestation she says she suffered at the hands of her father Woody Allen reignited a controversy that has divided their family bitterly for more than 20 years.
Sasha Weiss / Shouts & Murmurs: Listening to Dylan Farrow
Andrew Pulver / Guardian: Moses Farrow defends Woody Allen over child abuse accusations
Chez Pazienza / The Daily Banter: Quote of the Day: Moses Farrow Breaks His Silence, Defends Woody Allen and Slams Mia Farrow
Matt Wilstein / Mediaite: Moses Farrow: 'Woody Allen Did Not Molest My Sister'
Katherine Fung / The Huffington Post: Woody Allen May Respond To Dylan Farrow In New York Times Op-Ed
Ann Althouse / Althouse: "I think my sister is missing a great deal in life in not reconnecting with her father, who had always adored her."
Bostonboomer / Sky Dancing: Tuesday Reads: Military Scandals, Hollywood Problems and Perversions, and Other News
Jana Banin / Jewish Telegraphic Agency: Woody Allen's son disputes Dylan Farrow's claims of molestation
Jake Sherman / Politico:
House GOP stymied on debt limit — It's almost time to reach for the kitchen sink. — All week, House Republican leaders have been stymied in crafting a debt-limit package that could pass with only Republican support. — Now, Speaker John Boehner (Ohio) and other top Republicans …
Discussion: Booman Tribune and Washington Monthly
BooMan / Booman Tribune: Poor Boehner's Predicament
Robert Costa / Post Politics:
Boehner urges allies to consider linking military benefits to debt limit
Boehner urges allies to consider linking military benefits to debt limit
Discussion: Washington Monthly, American Prospect, CNN, Daily Kos, TIME, Hullabaloo, PostPartisan and The Fix
Deirdre Walsh / CNN: House GOP leaders discard two key demands for raising debt ceiling
Jed Lewison / Daily Kos: Clueless Republicans having trouble figuring out how to raise the debt ceiling
James Downie / PostPartisan: Republicans' newest debt-ceiling farce
Sean Sullivan / The Fix: Why Democrats are in the debt ceiling driver's seat
Mike Lillis / The Hill:
Hoyer backs CBC on judicial nominees
Hoyer backs CBC on judicial nominees
Discussion: ThinkProgress and CNN
Seema Mehta / Los Angeles Times:
Sandra Fluke forgoes congressional bid to run for state Senate — President Obama and Sandra Fluke wave at a campaign event at the University of Colorado in Aurora. (Pablo Martinez Monsivais / Associated Press / August 8, 2012) — Democratic attorney and activist Sandra Fluke has decided …
ZIP / Weasel Zippers: Sandra Fluke Changes Mind On Congressional Bid, Will Run For California State Senate Instead...
Jim Hoft / The Gateway Pundit: SANDRA FLUKE Foregoes Congressional Bid - Will Run for State Senate Seat Instead
Meteor Blades / Daily Kos: Midday open thread: No more cigs at CVS, Fluke won't run for Congress, Warner not a '#Belieber'
Rebecca Ballhaus / Washington Wire: Sandra Fluke Won't Seek Waxman's Seat in Congress
Catherine Thompson / Talking Points Memo: Sandra Fluke Won't Run For Congress After All
Bryan Preston / The PJ Tatler: Woman Who Can't Afford Her Own Birth Control Switches to Run for California State Senate
Andrew Johnson / National Review: Fluke Not Running for Congress
Emily Cahn / Roll Call: Sandra Fluke Decides Against Congressional Bid
Boston Globe:
Realistic statue of man in his underwear at Wellesley College sparks controversy — Tony Matelli's Sleepwalker, is part of an art exhibit at Wellesley College's Davis Museum. — By Jaclyn Reiss, Boston.com Staff — A realistic-looking statue of a man sleepwalking in his underwear near …
Discussion: Talking Points Memo, The Daily Caller, Mashable, The Federalist, Voices, Washington Post and Gawker
Caitlin MacNeal / Talking Points Memo: Bizarrely Life-Like Statue Of Man In Underwear Spooks Mass. Women's College Students (PHOTOS)
Laura Vitto / Mashable: Put Some Clothes On, Creepy Sleepwalker Statue
Mollie Hemingway / The Federalist: Wellesley Students Demand Removal Of Underwear-Clad Statue
David A. Fahrenthold / Washington Post: Sculpture of near-naked man at Wellesley has its critics
Taylor Berman / Gawker: All-Female College Terrified by Creepy Underwear Man Statue
Chad Terhune / Los Angeles Times:
Obamacare enrollees hit snags at doctor's offices — Many consumers faced hurdles signing up for Covered California health plans. Now they're having trouble finding in-network doctors. — Maria Berumen uses a device to manage the pain from bone spurs on her spine.
Discussion: Right Turn, Hot Air, americanthinker.com, National Republican …, National Review and Shakesville
Jennifer Rubin / Right Turn: Questions no red state Democrat wants to answer
Ed Morrissey / Hot Air: Video: ObamaCare disincentivizes work ... by doctors
Rick Moran / americanthinker.com: Can't keep you doctor under Obamacare? Try simply finding a doctor in CA
Andrew Clark / National Republican Congressional …: ObamaCare Fan Admits Now She "Can't Sleep At Night" Because Of The Law
Katherine Connell / National Review: Obamacare Fan: 'Now I Can't Sleep at Night. I Can't Imagine This Is How President Obama Wanted It to Happen'
Melissa McEwan / Shakesville: Single-Payer Healthcare Now
Democrat And Chronicle:
Russia won't let Chobani yogurt in Sochi for Olympics — A shipment of New York-made Greek yogurt waiting in a New Jersey airport might just go to waste. — U.S. Sen. Charles Schumer has sent a letter to Russian Ambassador Sergey Kislyak and International Olympic Committee head Thomas Bach urging …
Discussion: BuzzFeed, CBS New York, Talking Points Memo and The World's Greatest …
Adrian Carrasquillo / BuzzFeed: Russia Won't Let Team USA Receive Its Shipment Of Chobani Yogurt
Catherine Thompson / Talking Points Memo: Schumer Wants Russia To Let U.S. Olympians Have Their Chobani Yogurt
Patrick Howley / The Daily Caller:
Email: IRS's Lerner, Treasury Department secretly drafted new rules to restrict nonprofits — The Obama administration's Treasury Department and former IRS official Lois Lerner conspired to draft new 501(c)(4) regulations to restrict the activity of conservative groups in a way that would …
Discussion: American Spectator, FreedomWorks blogs, The PJ Tatler and TPNN
Mark Meckler / American Spectator: Maybe Just a "Smidgen of Corruption" at the IRS?
Lheal / FreedomWorks blogs: Why I Submitted a Comment Objecting to the IRS Proposed Rule Targeting 501(c)(4) Groups
Bryan Preston / The PJ Tatler: Not a Smidgen of Corruption? IRS, Treasury Crafted Secret Rules to Hinder Non-Profits
David Weigel / Slate:
Kansas Senator Wants Indian-American Nominee to Meet His Cool Indian Friends — For reasons I completely understand, the confirmation hearing of surgeon general nominee Vivek Murthy has not gotten a ton of attention. Factor one: The filibuster reform of late last year will let Murthy be confirmed by a simple majority vote.
Discussion: ThinkProgress, ABC News, Gawker, The National Memo, Washington Post, NPR and Federal Eye
Alex Leichenger / ThinkProgress: U.S. Senator To Surgeon General Nominee: Come Meet All The Lovely Indian Doctors In My Hometown
Arlette Saenz / ABC News: Senator Wants Surgeon General Nominee to Meet His Other Indian Doctor Friends
Adam Weinstein / Gawker: Senator Tells the Surgeon General Nominee He Knows Some Indian Doctors
Josh Hicks / Washington Post: Republicans question surgeon general nominee over advocacy for health-care law
Josh Hicks / Federal Eye: Who is Obama's surgeon general nominee?
Tal Kopan / Politico:
Jesse Ventura hiding from drones — Former wrestler and Minnesota Gov. Jesse Ventura says he has gone "off the grid" in Mexico to avoid drones knowing where he is. — Ventura spoke with CNBC's "Closing Bell" from an "undisclosed location in Mexico" on Tuesday, prompting the hosts to ask him where he was and why he was there.
Discussion: The Verge, Talking Points Memo and The Huffington Post
Adi Robertson / The Verge: Jesse Ventura: I move around in Mexico so drones can't find me
Rebecca Smith / Wall Street Journal:
April attack that knocked out California power station raises fear that U.S. power grid is vulnerable to terrorism. — A sniper attack in April that knocked out an electrical substation near San Jose, Calif., has raised fears that the country's power grid is vulnerable to terrorism.
Discussion: Power Line, Jihad Watch, NPR and Washington Free Beacon
Robert Spencer / Jihad Watch: California: Snipers open fire on electrical substation, "most significant incident of domestic …
Mark Memmott / NPR: Sniper Attack On Calif. Power Station Raises Terrorism Fears
Noam Scheiber / The New Republic:
Don't Go It Alone, Obama — The president's new unilateral approach is bad politics — On Tuesday the president trekked to a middle school in suburban Maryland to unveil $750 million worth of corporate grants for wiring schools across the country. In keeping with his general theme …
Discussion: The Dish
Andrew Sullivan / The Dish: Executive Power Politics
Raf Sanchez / Telegraph:
Barack Obama's 'hard-working American' is actually a London Overground commuter — New advert by Organising for Action, an Obama campaign group, accidentally features footage from a British train — President Barack Obama's political action group, Organizing for Action …
Discussion: Weasel Zippers, The Daily Caller and The PJ Tatler
ZIP / Weasel Zippers: Oopsie: "Hard-Working American" In New OFA Ad Is Actually a British Commuter...
Caroline May / The Daily Caller: OFA minimum wage ad features British commuter as hard working American
Michael Calderone / The Huffington Post:
Washington Post's Brad Plumer, Sarah Kliff Joining Ezra Klein's Vox Venture — NEW YORK — The Washington Post's Brad Plumer and Sarah Kliff are joining Ezra Klein's new venture to be launched with Vox Media, according to newsroom sources familiar with the plans.
Discussion: Washington Monthly and Talking Points Memo, more at Mediagazer »


text:
Difference between revisions of "Cell Phone Forensics"
From ForensicsWiki
|Line 30:
|Line 30:
== Links ==
== Links ==
*[http://www.forensicfocus.com (
*[http://trewmte.blogspot.com trewmte.blogspot.com (Mobile Telephone Evidence Practitioner Site)]
*[http://trewmte.blogspot.com trewmte.blogspot.com (Mobile Telephone Evidence Practitioner Site)]
*[http://www.GSMArena.com GSMArena.com (Technical information regarding GSM Cell Phones)]
*[http://www.GSMArena.com GSMArena.com (Technical information regarding GSM Cell Phones)]
Revision as of 16:32, 13 April 2007
- If on, switch it off. If off, leave off.
- Note only under exceptional circumstances should the handset be left switched on and in any case every precaution to prevent the handset connecting with the Communication Service Provider should be made. Consider use of a Faraday Bag (Shielded Bag). An example of a cellular seizure package is Paraben's Handheld First Responder Kit which also includes a Faraday Bag.
- Instead of switching off, it may be better to just pop the battery. Phones run a different part of their program when they are turned off. You may wish to avoid having this part of the program run.
- Collect and preserve other surrounding and related devices. Be especially careful to collect the power charger. The phone's battery will only last a certain amount of time. When it dies, much of the data on the device may go too!
- Plug the phone in, preferably in the evidence room, as soon as possible.
- Retain search warrant (if necessary - LE).
- Return device to forensic lab if able.
- Use forensically sound tools for processing. However, also remember ACPO Principle 2 says: In exceptional circumstances, where a person finds it necessary to access original data held on a computer or on storage media, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of their actions.
Expand on as to what to collect:
- Carrier,
- Manufacturer,
- Model Number,
- Color, and
- Other information related to Cell Phone and SIM Card...
- Research the Cell Phone for technical specifications. Visit PhoneScoop.com or GSMArena.com for more information.
- Research the Cell Phone for forensic information. Visit trewmte.blogspot.com or Phone-Forensics.com or SmartPhoneForensics.com for more information.
- forensicfocus.com(Practitioners Forum)
- trewmte.blogspot.com (Mobile Telephone Evidence Practitioner Site)
- GSMArena.com (Technical information regarding GSM Cell Phones)
- Phone-Forensics.com (Practitioners Forum)
- PhoneScoop.com (Technical information regarding all Cell Phones)
- MobileForensics.com (Good article on Cell Phones)
- SmartPhoneForensics.com (Knowledge Base for Cell Phone Forensics)
- Paraben-Forensics.com (Paraben's Handheld Forensic Training Classes)


text:
Turns Out There's Lottttttttssss Of Money To Be Made In T-Shirts
from the who-knew? deptWe've pointed out in the past that folks who don't want to understand the economics of scarce and infinite goods often falsely claim that the business model we suggest is all about selling lots of t-shirts. Or, more specifically, when they comment in a mocking fashion, it's usually something like "lotttttttttttttttttttttsssssssssssssssssss of t-shirts."
The truth is that the business models we've shown usually have little to nothing to do with t-shirts. There are tons of scarcities that have nothing to do with t-shirts, and often aren't even physical goods (another mistake people make is assuming that scarce means physical). Usually we're talking about things like access and attention as valuable scarce goods. However, perhaps we were being a bit too flip in ignoring t-shirts ourselves.
Clive Thompson has a short article over at Wired looking at "the t-shirt economy," noting that it's actually a pretty big business: on the order of $40 billion in branded or decorated apparel (by comparison, the worldwide market for recorded music was supposedly $31.8 billion in 2006), and some of that definitely comes from content providers who are providing content for free and making money selling t-shirts. I still don't think it's the greatest business model out there (despite what some of my critics like to claim I've said), but I have to admit I'm rather amused by the fact that the "t-shirt economy" is actually getting some attention.
Filed Under: economics, infinite goods, scarce goods, t-shirts


text:
25 Kan. App. 2d 138
(959 P2d 923)
No. 77,518
STATE OF KANSAS, Appellee, v. ANTHONY D. LAWSON, Appellant.
1. Under a motion to suppress an eyewitness identification, the district court must first determine whether the procedure used in making the identification is unnecessarily suggestive and, if so, then consider whether under the totality of circumstances there is a substantial likelihood of irreparable misidentification.
2. Although an appellate court will afford deference to the factual findings of the district court, the ultimate determination of whether evidence should be suppressed is a question of law that requires de novo review.
3. Absent exigent circumstances, the use of one-person show-ups by law enforcement is condemned.
4. The district court's refusal to commit a defendant in lieu of imprisonment under K.S.A. 22-3430 is ordinarily not an appealable issue. However, the issue of whether the district court properly interpreted a statute to prohibit action that the district court otherwise would have taken in the exercise of discretion is an appealable issue.
5. Interpretation of a statute is a question of law subject to unlimited review on appeal.
6. The legislature has the exclusive power to decide under what circumstances a commitment for psychiatric care and treatment may be made in lieu of incarceration under K.S.A. 22-3430. A district court does not have jurisdiction to commit in lieu of incarceration unless the underlying psychiatric report contains the findings required under K.S.A. 22-3430.
Appeal from Sedgwick District Court; REBECCA L. PILSHAW, judge. Opinion filed May 22, 1998. Affirmed.
Alice A. Craig and Debra Wilson, assistant appellate defenders, and Jessica R. Kunen, chief appellate defender, for appellant.
Charles R. Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.
Before KNUDSON, P.J., ROYSE, J., and PADDOCK, S.J.
KNUDSON, J.: Anthony Lawson appeals his bench trial conviction for aggravated robbery, K.S.A. 21-3427. Lawson raises two issues on appeal: (a) whether the pretrial identification procedure was unnecessarily suggestive and led to his misidentification as the robber; and (b) whether the district court misunderstood its discretion to commit him to the Larned State Security Hospital (LSSH) in lieu of imprisonment under K.S.A. 22-3430.
The case was tried upon a written stipulation of fact that reads as follows:
"On September 21, 1995, at about 11:46 p.m. a black male in his thirties (30's) entered the Total gas station and convenience store located at 1826 West 13th Street in Wichita, Sedgwick County, Kansas. Robert Broadrick, the store's assistant manager, was the only employee on duty and was behind the sales counter filling out company reports. Mr. Broadrick saw the black male, hereinafter referred to as 'the suspect', approach the candy aisle. Mr. Broadrick could see the suspect's face from the area where he was doing his paperwork. After a few moments, the suspect came toward the sales counter, his right hand in his pocket, with a pack of gum and a pack of cigarettes. Mr. Broadrick approached the cash register to ring up an apparent sale. The suspect then drew a small handgun from his pocket or waist area and pointed it at Mr. Broadrick, demanding the money from the register. Mr. Broadrick looked down and saw the handgun, looked back at the suspect, and opened the register. The suspect instructed Mr. Broadrick to back away from the register and he complied, raising his hands in the air. Mr. Broadrick would testify that he feared that if he did not do as the suspect said that he might be shot. The suspect then reached over the counter and took cash out of the register, the handgun still in his right hand. The suspect then left the store. Mr. Broadrick immediately called 911 and reported the robbery, giving a description to the dispatcher that the suspect was a black male in his thirties (30's) wearing a blue and green plaid shirt. Additionally, Mr. Broadrick would testify at trial that the suspect had on light colored blue jeans and a dark baseball cap with a logo on the front.
"Wichita Police Officer Richard Vickers responded to the scene of the robbery, while other officers took up positions to monitor traffic along known avenues of escape. Officer Vickers contacted Mr. Broadrick at the store. Mr. Broadrick gave Officer Vickers a more detailed description of the suspect, adding that the suspect was about 5'11" tall and about 180 pounds, also indicating that the suspect had taken a $2.00 bill with a known serial number. Officer Vickers took down the known serial number provided to him by Mr. Broadrick, J24513067A.
"During this time, Officer Otis had placed his patrol car a few blocks away at 18th and Arkansas. With his headlights shining onto 18th Street, Officer Otis spotted a silver Ford Thunderbird, the first and only vehicle to pass his position on this Thursday just a few minutes before midnight. Otis observed the driver to be a black male wearing a dark-colored shirt that appeared to be either striped or plaid. When Officer Otis turned on his overhead lights to stop the vehicle, the Thunderbird took off at a high rate of speed. In pursuit, Officer Otis radioed dispatch that the vehicle was not stopping and moments later also advised that the Thunderbird had gone out of control and had crashed into a light pole on the north side of the intersection of 21st and Waco. Officer Otis took into custody the passenger Jesse Akins, while the driver fled north on foot down an alley. A police helicopter maintained visual contact with the fleeing suspect.
"Officer Richard Vickers, aware of the car chase in progress, drove into the area of 22nd and Waco. After searching for about ten (10) minutes, Vickers located the black male suspect hiding in a thicket of bushes in the back yard of a residence. Officer Vickers took the suspect into custody and searched his person incident to arrest. In the suspect's left front jeans pocket Vickers located Seventy-Seven Dollars ($77.00) in cash, including a $2.00 bill with the serial number J24513067A. Two books of Total store matches were located in the left front pocket of a green and blue plaid flannel shirt. The suspect had a Kansas identification card identifying him as Anthony D. Lawson, Date of Birth: December 30, 1964, 5'11" tall, 190 pounds. Suspect Lawson was taken back to the scene of the accident where he was identified by Officer Otis as the driver of the Thunderbird.
"Passenger Akins and suspect Lawson were taken back to the Total store, where they were in turn shown to Mr. Broadrick at a distance of fifteen to forty (15-40) feet. Mr. Broadrick indicated he had not seen Akins in the store at any time during the evening; Mr. Broadrick immediately identified Suspect Lawson as the same individual who had pointed a gun at him while taking the money from the cash register. Suspect Lawson's green and blue plain shirt, undershirt, and blue jeans were collected by Officer Vickers at booking.
"Lab Investigator Sanderson collected a video surveillance tape from the office of the Total store and prints from the video image were made. Sanderson collected a dark blue baseball cap bearing a gold 'St. Louis Blues' logo from the front dashboard of the Thunderbird.
"A handgun was not recovered in connection with this investigation.
"Attached to and otherwise made a part of this stipulation are state's exhibits 6 (green and blue flannel shirt), 8 (blue jeans), 9 (baseball cap), 10 (partial city map with markings) and 11 a-g (video image prints)."
Based upon the stipulated evidence, the district court found Lawson guilty of aggravated robbery, a severity level 3 person felony. Following his conviction but before sentencing, the district court committed Lawson to LSSH pursuant to K.S.A. 22-3429 for an evaluation and report.
The report from LSSH stated:
"The staff concluded Mr. Lawson does not have a mental or emotional disorder for which inpatient psychiatric hospitalization is indicated at this time. Due to his past history of parole violations, the staff believes adherence to sentencing guidelines appears most appropriate. They agreed Mr. Lawson continues to be a potential danger to himself and others. The staff agreed he has a long history of depression, drug abuse, and suicide attempts, and those issues should be addressed appropriately, whether incarcerated or not."
Subsequently, at sentencing, Lawson requested that the court consider commitment for psychiatric treatment to LSSH under K.S.A. 22-3430 in lieu of imprisonment. The district court concluded that prerequisites under K.S.A. 22-3430 had not been met and, consequently, it lacked authority to order such commitment. The district court then sentenced Lawson to 85 months' imprisonment.
Lawson contends that the police violated his constitutional rights by returning him to the scene of the robbery for a show-up identification by the clerk, Robert Broadrick. The district court held that the show-up identification was neither impermissibly suggestive nor violative of Lawson's due process rights.
Although an appellate court will afford deference to the factual findings of the district court, the ultimate determination of whether evidence should be suppressed is a question of law that requires de novo review. State v. Vandiver, 257 Kan. 53, 57-58, 891 P.2d 350 (1995).
The legal standards to assess the validity of eyewitness identification are stated in State v. Holloman, 17 Kan. App. 2d 279, 282, 837 P.2d 826, rev. denied 251 Kan. 940 (1992). The court must first determine whether the procedure used in making an identification is unnecessarily suggestive. If it is, then the next issue is whether, under the totality of the circumstances, the impermissibly suggestive identification leads to a substantial likelihood of irreparable misidentification constituting a denial of due process. See State v. Skelton, 247 Kan. 34, 39-40, 795 P.2d 349 (1990).
Factors to determine whether an improvident lineup or show-up is violative of due process are:
"the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation." Neil v. Biggers, 409 U.S. 188, 199-200, 34 L. Ed. 2d 401, 93 S. Ct. 375 (1972).
See State v. Holloman, 17 Kan. App. 2d at 284-86.
Absent exigent circumstances, the use of one-person show-ups by law enforcement has been condemned. Holloman, 17 Kan. App. 2d at 284 (citing Stovall v. Denno, 388 U.S. 293, 302, 18 L. Ed. 2d 1199, 87 S. Ct. 1967 [1967]).
Here, the trial court found that the police used a two-person, not a one-person, show-up. We do not agree that this is a distinguishing circumstance from the procedure expressly disapproved in Holloman. Broadrick was shown one person at a time when asked to make the identification. Both men shown to Broadrick were pulled out of police cars and were wearing handcuffs. There were no exigent circumstances to support the suggestive technique used by the Wichita police officers to obtain an identification of Lawson as the robber. We hold that the identification procedure was unnecessarily suggestive. Consequently, we turn to a consideration of the evidence under the factors in Biggers.
The first and second Biggers factors examine the opportunity the victim had to view the criminal at the time of the crime and the witness' degree of attention during the attack. According to Broadrick, Lawson entered the store and, after only a few seconds, approached the counter and pulled a gun. Broadrick testified that although he glanced at the gun, he purposefully looked at the robber in order to identify him later. The robbery occurred within the store, which was apparently fairly well lit. The entire incident took 1 to 3 minutes.
Although Broadrick's exposure to the robber was fairly brief, he indicated that he studied the robber carefully. Broadrick admitted that his adrenalin began pumping when the robber showed the gun, but that he had been robbed before and knew how important it was to get a good look at the culprit. Broadrick gave the 911 operator and police officers a fairly complete description of the robber's general appearance and apparel. There was no evidence that Broadrick was hysterical or otherwise emotionally distraught which might impair his judgment or recall.
The third Biggers factor examines the accuracy of the witness' prior description of the criminal. Although the testimony is somewhat conflicting, it appears clear that Broadrick advised the police that the robber was a black male, was about 6' tall, and weighed 160-180 pounds. Broadrick described his clothing as a dark blue ball cap with a white logo; a black, blue, and green plaid jacket; light-colored pants or blue jeans; and white tennis shoes. When Lawson was apprehended about 20 minutes later, he was wearing a black shirt under a blue and green plaid jacket, light-colored blue jeans, and blue and black tennis shoes; a dark ball cap with a white logo was found in the car, which Lawson had been seen driving. Lawson's identification card at the time he was arrested indicated that he was 5' 11" and weighed 190 pounds.
While Lawson was an inch shorter than estimated by Broadrick and the color of his tennis shoes was different than Broadrick described, Broadrick's description otherwise matched Lawson's appearance. There also were minor discrepancies between the description reported by the 911 dispatcher and Broadrick's first reports to the officers on the scene. However, it is far from clear whether those variances could have been due to the officers' inaccurate recording of information from the dispatcher while on patrol. Several of the officers gave slightly different versions of the description initially given by the dispatcher. Overall, Broadrick gave relatively consistent descriptions of the robber, and Lawson generally matched the descriptions.
The fourth Biggers factor examines the level of certainty demonstrated by the witness at the confrontation. In this case, the police first showed Broadrick the passenger from the silver Thunderbird. Broadrick clearly indicated that this person was not the robber. Several minutes later, Lawson was brought to the store, and Broadrick unequivocally identified him as the robber, even from the distance of 20 feet.
The final Biggers factor examines the length of time between the crime and the confrontation. The record in this case indicates that Lawson was brought back to the store within about an hour after the actual robbery.
We conclude after carefully considering the evidence under the factors stated in Biggers, that the one-person show-up cannot be said to have denied Lawson due process of law. Accordingly, we hold that the district court did not err in denying Lawson's pretrial motion to suppress the identification.
Lawson also contends that the district court erred in finding that it lacked authority under the written report submitted by LSSH to commit him under K.S.A. 22-3430 in lieu of sentencing. Before any discussion of this issue upon its merits, we must consider whether the district court's order is appealable under K.S.A. 22-3430(c).
The Kansas Supreme Court has noted that a defendant has no right to appeal from a decision under K.S.A. 22-3430 unless he is committed under those provisions; in other words, the district court's refusal to commit a defendant in lieu of imprisonment is not reviewable. See State v. Baker, 255 Kan. 680, 693, 877 P.2d 946 (1994); State v. Adkins, 236 Kan. 259, 261, 689 P.2d 880 (1984).
Lawson's attorney acknowledges Baker and Adkins but argues these decisions are distinguishable because in this case the district court mistakenly concluded its judicial discretion to commit in lieu of imprisonment was circumscribed except as provided under K.S.A. 22-3430. Lawson contends that, except for its misinterpretation of K.S.A. 22-3430, the district court declared it would have ordered commitment.
Simply put, Lawson's argument is that the district court did not know it had judicial discretion to exercise. In State v. Edwards, 252 Kan. 860, 870, 852 P.2d 98 (1993), the Supreme Court held that the trial court erred in finding consecutive sentences were mandatory under applicable statutes, and because the trial court did not exercise its discretion in determining whether to impose concurrent or consecutive sentences, the sentences were vacated and remanded for such consideration. See also Spencer v. State, 24 Kan. App. 2d 125, 130, 942 P.2d 646 (1997), rev'd in part on other grounds 264 Kan. 4, __P.2d __ (1998) (imposition of consecutive sentences for original offense and offenses which occurred while defendant was on probation, under mistaken belief that court had no sentencing discretion, required remand for proper sentencing).
Based upon the reasoning in Edwards and Spencer, we conclude the district court's order denying commitment is reviewable by this court.
K.S.A. 22-3430 states, in relevant part:
"(a) If the report of the examination authorized by K.S.A. 22-3429 . . . shows that the defendant is in need of psychiatric care and treatment, that such treatment may materially aid in the defendant's rehabilitation and that the defendant and society are not likely to be endangered by permitting the defendant to receive such psychiatric care and treatment, in lieu of confinement or imprisonment, the trial judge shall have power to commit such defendant to: (1) The state security hospital or any county institution provided for the reception, care, treatment and maintenance of mentally ill persons, if the defendant is convicted of a felony . . . ."
Interpretation of a statute is a question of law which is subject to unlimited review on appeal. State v. Masterson, 261 Kan. 158, 161, 929 P.2d 127 (1996).
In Adkins, the Supreme Court interpreted an earlier version of K.S.A. 22-3430 that does not differ materially from the present statute. The court emphasized that
"K.S.A. 22-3430 grants authority to the trial judge to order commitment in lieu of imprisonment only where the required report shows:
"'[T]he defendant is in need of psychiatric care and treatment and that such treatment may materially aid in his rehabilitation and that the defendant and society is not likely to be endangered by permitting the defendant to receive such psychiatric care and treatment . . . .'" 236 Kan. at 261 (quoting from K.S.A. 22-3430 [Ensley 1981]).
The legislature, not the courts, has the exclusive power to provide the penalty to be imposed for the commission of a crime. Chiles v. State, 254 Kan. 888, 897, 869 P.2d 707, cert. denied 513 U.S. 850 (1994). It follows that the legislature may also dictate under what circumstances a commitment for psychiatric care and treatment may be made in lieu of incarceration.
We hold that the clear language of K.S.A. 22-3430(a) only confers upon the district court the power to commit in lieu of imprisonment when the psychiatric report contains the findings set forth in the statute. Here, the report from LSSH indicates that inpatient hospitalization was not required, that Lawson posed a danger to himself and society, and that a guidelines sentence would be appropriate. Clearly, the report did not meet the standards under K.S.A. 22-3430 to support a commitment. Accordingly, the district court correctly concluded that it was without authority or discretion to commit Lawson.


text:
Ex-Ambassador Left Luxembourg Embassy in 'State of Dysfunction,' Watchdog Finds
Described as "aggressive, bullying, hostile, and intimidating," President Obama's ambassador to Luxembourg left the U.S. embassy there "in a state of dysfunction" and unable to carry out its duties after her recent exit, according to report released this week by the State Department Inspector General.
Cynthia Stroum, one of President Obama's top 25 fundraisers -- a bundler who raised more than $500,000 for the his campaign -- was chosen for ambassador in 2009. Since then, auditors say her autocratic, bossy and demanding style led to complete failure of the embassy in Luxembourg's ability to function as an arm of the U.S. government in one of the world's smallest and wealthiest nations.
"Morale among Americans and local staff is very low, and stress levels are high," said the audit. "Most employees describe the Ambassador as aggressive, bullying, hostile, and intimidating, which has resulted in an extremely difficult, unhappy and uncertain work environment."
And "the apparent nonstop requirements from the Ambassador" compromised service and cost U.S. taxpayers dearly, according to the audit. A popular website among the foreign service, Diplopundit, calls the audit "The Horror Report of the Year."
Stroum, who had no apparent qualifications for the job, quit last week, citing business and family obligations. Sources tell Fox News the White House gave her no option after reading the scathing IG report.
Among its findings:
- Stroum wrongly threatened embassy staff that "her appointment letter from the President gave
her the right to read any email messages" they wrote, and staff had "no expectation of privacy" in their e-mail or phone calls.
- For 6 weeks, multiple employees worked full-time to find Stroum a "suitable temporary residence." They screened 200 residences and visited 30-40 houses in Luxembourg. Stroum rejected them all, again costing taxpayers tens of thousands of dollars unnecessarily.
- Stroum rushed to spend $3,400 in Embassy funds on European wine and liquor before the end of the year, even though State Department rules say "in no case, is the post authorized to use excess year-end funds to purchase wine." Secondly, all wine is supposed to be American.
- After learning about a school in Switzerland that trained employees to work in places such as Buckingham Palace, Stroum and an assistant flew to Switzerland solely to hire a chef, billing taxpayers more than $1,200 for the trip and ignoring embassy rules to hire locally.
Since 1989, Stroum, an heir to a Seattle auto parts fortune, personally gave Democratic candidates more than $150,000, according to the Center for Responsive Politics, including President Obama and Washington Sens. Maria Cantwell and Patty Murray.


text: PROBLEM: Snap-On Tools' facility in Ontario, Canada was searching for a reliable floor coating. They were in need of an easy to use, water based coating that had low solvent odor, but was still a high performing paint. In order to fully understand the need of the customer, the local Rust-Oleum representative inspected the location and made product recommendations. SOLUTION: The coatings recommended were the Rust-Oleum Concrete Saver 5600 System Acrylic Urethane Floor Paint along with the 6711 System Clear Water-Based Polyurethane. These two products would provide the maximum amount of durability that th customer needed. The 5600 System is a convenient, ready-to-use, low odor roll and go floor paint. Since it's water-based it had low odor plus a low VOC of less than 100 g/l. The coating protects against dusting, water-damage, staining and mildew. After testing the two systems against competitive brands, Snap-On Tools decided to use Rust-Oleum coatings. The testing process included applying a gallon of the two systems to a high traffic area of the plant. When there was no visible change from day one until day 31 to the floor, the contractor and facility managers knew Rust-Oleum products were what they needed. Snap-On Tools and Rust-Oleum Corporation are pleased to have found the perfect coating system for the facility and know that it will last even under the toughest conditions.


text:
Cuba: A Revolution in Motion
Zed Books, 21 févr. 2004 - 240 pages
This overview of modern Cuban history focuses on the country's post-Soviet economic collapse, the measures that President Castro's government took in response, and their ensuing results and impact. It neither paints Cuba as a perfect society nor universal model for Third World development. But it does show that Cuba demonstrates that even relatively small countries can pursue a path of economic and social development while avoiding the problems endemic in the rest of Latin America. The author argues that the country's political stability is not merely the result of authoritarianism, but that the Cuban political system incorporates important elements of democracy that encourage participation and help generate public support. Cuba today continues to have huge problems, but the wider significance of the Cuban Revolution rests on its practical demonstration that it is possible to pursue radical and humane development policies which are at complete variance with the increasingly criticized nostrums of neoliberal economics being foisted on the rest of the world.
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Governance in Cuba
Race Inequality and Revolution
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text: July 22, 2012 – SAN FRANCISCO (AP) — No damage or injuries have been reported after two earthquakes rattled the Northern California coast Friday night. The U.S. Geological Survey says a magnitude 5.1 quake hit about 78 miles southwest of Eureka at 6:52 p.m. Friday. Then just after 11 p.m. a magnitude 5.2 earthquake was recorded about 62 miles southwest of Eureka. A dispatcher at the Eureka Police Department says the quakes were felt in the community, but police had no reports of damage or injuries. USGS seismologist John Bellini says the quakes took place in an area where there's a lot of seismic activity. –HP


text:
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text:
Happy Wednesday! Half way through the week and just in time to show you an adorable paw-ty submitted by Melissa! Check our her Puppy themed party using our Puppy Blue Red and Brown Prints. This party is SO fun and definitely a theme I haven't seen used yet...and in my favorite color scheme for kids too! The cake "pups" are adorable and all the details down to the … [Read more...]
Customer Party: Puppy Paw-ty!
10.10.2012 1 Comment


text:
Welcome to the ArcUsers forum ! ArcUsers from around the world have united in this forum to promote the safe and successful use of one of the best kitesurf kite designs on the market.
aatamian wrote:Hi Alain,
Yes, I guess you can remove the VPC with no problem, done this on my Synergy 10m for high winds.
The steering radius becomes much bigger!
All the best.
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text:
How Legendary Leagues: NHL and MLB Embrace Social Media in Sports
We came to know some interesting stories of players embracing social media in my last blog post: Courage in Sports: Titanss of Social Media. We also learned that some leagues are not embracing the use of Social Media during live events. Did the National Football League (NFL) take things too seriously or were they only taking precautionary steps to check team room discussions going open or even trivial field issues between players getting nasty behind wary eyes of the coach, management and sponsors.
So, not only can NFL players not tweet during the game, they also can't post updates for the 90 minutes before and after a game or (presumably) during halftime. And it's not just players; coaches, officials, and even press must stay away from their phones, too. Incidentally, fans who are watching the game are not prohibited from using Facebook, tweeting, or texting during the game, thank goodness.
Following this event with the NFL, the National Basketball Association (NBA) banned players to participate in social media 45 min before or after a game, but is liberal to permit different teams to stick to their own rules resulting in many teams completely abdicating social media in the interest of their players.
However, not all sports leagues prohibit social media use by their players, there are a number of other leagues like the NBA, NHL and MLB that embrace social media in sports.
The National Hockey League (NHL) for instance, has a welcoming approach to social media, with some of its teams quite active on social channels like Twitter. Overall the league in general seems to be pretty social media-friendly. The NHL organize Tweetups (#nhltweetups), a very interesting site focused on getting Twitter-using fans together to watch various NHL games. The NHL also runs a contest on Twitter to give away tickets to fans. The contest is rather simple: pick the winners of the games that will be played on the upcoming Saturday, tweet them to @NHL, and include the hashtag. Participants who get all 15 teams right get free tickets to any regular season game of their choice. It's a simple but an effective social media marketing promotion by the nation's premier hockey league.
Major League Baseball (MLB) has hit a home run in adopting social media. Not only has the MLB put out a rather popular iPhone app, that has social media tools, but the organization also maintains an active Twitter account. Check out the plethora of social media channels leveraged by MLB for their social outreach to fans.
The interesting part is MLB broadcast their match's streaming through their iPhone app (and through its own website) resulting in a large number of fans following the players that are tweeting regularly. Naturally, the MLB actively promotes those players' Twitter accounts on its own website. So long as no one overdoes the live game updates and photos, it seems like the MLB might be able to strike a balance (avoiding the NFL and NBA stance).
Social media channels like Twitter and Facebook may seem to be influenced by influential people at some occasion but it is never controlled or defined by these people. Social media enthusiasts have always been driven by their passion to find new uses of the medium and will continue to collectively drive the medium together. This new breed of social savvy users will generate interest and desire for sites like Olympics News: The Social Media Olympics is Here where you can easily find everything that is going on regarding the Olympics via social channels.
Sites like this are giving users freedom to follow, share and watch as they like across teams, countries, and boundaries. Really, is this not what the true spirit of Olympics is all about?
In an effort to keep conversations fresh, Cisco Blogs closes comments after 60 days. Please visit the Cisco Blogs hub page for the latest content.


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Optimize Your Omega-3 Status
Personalized Blood Test Reveals a Novel Cardiac Risk FactorMay 2010
By Julius Goepp, MD
Suppose you could assess with precision your personal risk for sudden cardiac death—then reduce it substantially in a matter of weeks.
You would be able to take immediate steps to lower your risk of sudden heart attack, without the need for drugs. You would even be able to determine whether the steps you've taken to induce favorable physiological alterations in your body have been effective and adjust them accordingly.
Thanks to a team of pioneering scientists, this improbable medical scenario is now a reality.
Just as hemoglobin A1c provides a snapshot of long-term glucose intake to assess diabetes risk, a revolutionary omega-3 index now provides a clear picture of the percentage of EPA/DHA omega-3 fatty acids in your blood to estimate your risk of a major cardiac event, including sudden cardiac death, heart attack, and fatal ischemic heart disease.
In this article, you will learn about Omega Score™, a novel analytic technology that assesses multiple markers of cardiovascular disease risk. You will discover how a revolutionary, low-cost at-home blood test may furnish you with a tailored assessment of how much omega-3 is in your whole blood, serum, and red blood cells. You also will find out how to adjust your omega-3 supplementation for optimal cardiovascular protection.
Optimal Cardiac Defense
No cardioprotective dietary interventions have received more clinical validation than EPA and DHA.1-5 These widely recognized essential omega-3 fatty acids (derived from marine sources, primarily algae and fish) have been shown to safely suppress pro-inflammatory cellular signaling molecules and enzymes implicated in virtually all facets of cardiovascular disease and mortality, including:
Through these and other multi-targeted mechanisms of action, EPA and DHA provide virtually unrivalled heart health defense. They can prevent and even reverse cardiovascular disease by increasing levels of artery-cleansing HDL in the blood.14 They reduce harmful triglyceride and very-low density lipoprotein (VLDL) cholesterol levels. They have also been shown to slow disease progression and reduce mortality in aging humans already afflicted with cardiovascular disease, and to prevent sudden cardiac death in people previously without symptoms.1,2,15-17
While sufficient dietary intake of these essential fatty acids is crucial, researchers have further established that it is the ratio of omega-3 to less desirable omega-6 fatty acids—not their total concentration in the red blood cell membrane—that correlates with cardiovascular disease risk. The higher the amount of omega-3 relative to omega-6 in an aging individual's total fatty acid composition, the greater the benefit, and vice versa.18
But not everyone metabolizes essential fatty acids in a reliable fashion. A host of factors may affect the actual levels of these important nutrients in whole blood and red blood cell membranes, resulting in widespread variation in those levels. In other words, simply eating a healthy diet, or even supplementing with health-promoting nutrients, often may not confer the benefits you are hoping for if your body isn't processing the nutrients efficiently. Some people may require more, while others might get by with less supplementation.
This may be one reason why, despite the widely publicized benefits of EPA and DHA, nearly 100,000 Americans died from omega-3 deficiency in 2009.19,20 In fact, a study published in 2009 ranked omega-3 dietary deficiency among the top ten preventable causes of death.19 Many times that number will likely suffer debilitating heart attacks, strokes, and neurological or cognitive damage as a result of sub-optimal omega-3 status.21-24
Determining Individualized Cardiovascular Disease Risk: The Omega Score™
Increasing EPA and DHA intake may increase omega-3 in cell membranes and circulating lipids, while simultaneously lowering the concentration of less beneficial omega-6 fats.1,25 However, there has been no simple way for aging individuals to determine with precision whether they have actually attained an optimal omega-3 to omega-6 ratio in their own bodies. Until now.
The Omega Score™ was developed by Bruce Holub, PhD, and a private research group. It combines cutting-edge analytic technology with clinically validated measures that correlate established risk factors for cardiovascular disease to the lipid composition of human blood. The results are obtained from a simple finger stick blood sample you do at home, then simply send in your sample to the lab.
Omega Score™ results provide a complete profile of an individual's whole-blood fatty acid composition. This is known as the omega-3 index. Using these results, specific scores and ratios are calculated automatically. They are then correlated with known risk factors for various kinds of cardiovascular disease, based on the most recent scientific research. As you may know, recent research suggests that omega-3 levels may be among the best predictors of future coronary heart disease, providing stronger correlations to the risk of sudden cardiac death than traditional indicators.
With this information in hand, you can estimate your own cardiovascular risk profile and monitor changes in your risk status as you adjust your omega-3 intake along with other lifestyle changes.
Dr. Holub's breakthrough technology began with the simple insight that measurements of omega-3s in the blood correlate with cardiovascular risk in a number of striking ways. He knew from the scientific literature that it is the relative contribution of each fatty acid (as a percent of total fats) that is vital in cardiovascular disease risk calculation, as opposed to the absolute concentration of any one fatty acid.26-28 Holub realized he could use this information to construct customized risk profiles that would be specific to each individual—without the need for time-consuming and expensive blood draws and lab analysis.
For example, Holub knew that the risk of coronary heart disease was 34% lower in men who had DHA percentages significantly greater than the population mean, and 31% lower for those whose total omega-3 percentages were significantly greater than the mean.18,29,30 Older adults whose total EPA plus DHA percentages were significantly higher than the population mean had a 70% reduction in risk of fatal heart attacks.31 Studies in the scientific literature had validated the idea that measurement of serum fatty acid composition could be used in assessing both intake of omega-3s and overall cardiac risk.27,32-34
In late 2009, Dr. Holub and colleagues published their own study, demonstrating that they could accurately assess cardiovascular disease risk based on the ratios of various omega-6 and omega-3 fatty acids in a very large sample of subjects.18 The strong correlation between these ratios and cardiovascular risk provided them with another valuable tool for assessing an individual's cardiovascular status.
Dr. Holub and his colleagues realized that their own work as well as that of other researchers now provided sufficient information to develop a comprehensive cardiovascular risk assessment tool.
The following test parameters are included in the Omega Score™ blood test.
Risk of Sudden Cardiac Death
Your risk of sudden cardiac death can be estimated from the Omega-3 Whole Blood Score, which measures omega-3 fatty acid content as a percentage of your total whole-blood fatty acid composition. This marker is based in part on the groundbreaking work of a team of Harvard researchers. They found that people with total omega-3 levels above 6.1% in their blood had a compelling 90% reduction in risk of sudden cardiac death compared with those whose omega-3s were 4.3% or less of their total fatty acids.35 People with omega-3 levels between 4.3 and 5.2% attained some benefit, with a 48% reduction in risk, while those whose scores were between 5.2 and 6.1% had an 81% risk reduction.
Users of the Omega Score™ will see their own Omega-3 Whole Blood Scores plotted on a graph that places them in the appropriate risk category for sudden cardiac death: Very High, High, Moderate, or Low, corresponding to the risk reductions identified by the Harvard researchers.
Risk for Developing Heart Disease
Your overall risk for developing heart disease can be estimated from the Omega-3 Serum Equivalence Score. Based on work by researchers at the Department of Veteran Affairs Medical Center in San Francisco, this score provides a simple two-way assessment of an individual's overall risk for heart disease.29 They used the total omega-3 content of serum (blood without the cellular components) to determine a risk cut-off for the development of heart disease, and found that a value of greater than 7.2% omega-3s resulted in a risk reduction of 32% compared with those whose value was 5.0% or lower.
Users of the Omega Score™ will see their own Omega-3 Serum Equivalence Score plotted on a graph that places them in the appropriate risk category for development of heart disease: Risk (5.0 or lower), or Low Risk (7.2 or higher), corresponding to the values determined by the VA researchers.
Risk of Fatal Ischemic Heart Disease
Your risk of dying from ischemic heart disease (heart attack) can be estimated from the EPA+DHA Serum Equivalence Score, which represents the total percent of fatty acids comprised of EPA and DHA in serum. This score is based on research from the Cardiovascular Health Research Unit at the University of Washington in Seattle.31 They found a 70% reduction in the risk of death from ischemic heart disease (heart attack) for people with total EPA and DHA values of 4.6% or greater, when compared with those whose total values were less than 3.5%.
Users of the Omega Score™ test will see their own EPA + DHA Serum Equivalence Score plotted on a graph that places them in the appropriate risk category for fatal ischemic heart disease: Risk (less than 3.5) or Low Risk (greater than 4.6), corresponding to the values determined by the Washington research group.
Risk of Sudden Heart Attack
Your risk for having a sudden myocardial infarction (MI, or heart attack) can be estimated from the Omega-3 Index Red Blood Cell Equivalence Score. Based on research from the Lipid and Diabetes Research Center, Mid America Heart Institute at the University of Missouri Kansas City School of Medicine, this test takes into account the fact that red blood cell fatty acid composition reflects intake of EPA + DHA over time (analogous to the way that hemoglobin A1c reflects long-term blood sugar levels).36,37 These researchers found that people whose total EPA + DHA in red blood cells (the Omega-3 Index) was greater than or equal to 8% had the greatest degree of protection against sudden cardiac death, whereas an index of less than or equal to 4% was associated with the least.
Your risk of dying from ischemic heart disease (heart attack) can be estimated from the EPA + DHA Serum Equivalence Score.
Users of the Omega Score™ will see their own Omega-3 Index plotted on a graph that places them in the appropriate risk category for sudden myocardial infarction: Very High Risk (less than 4), High (4-6), Moderate (6-8), and Low Risk (greater than 8), corresponding to values determined by the Kansas City researchers.


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Casino & Slot Writers
Budget $30-250 USD
Hi all...
Are you a Freelance Casino/Slot/Gaming Writer/Blogger...?
If so, we want you!
We are an online writing and social media company.
Please note that this is a Freelance, Home Based job...work in your own time...just make sure no deadlines are missed!
We need more reliable Native English Casino writers to add to our team, as we have a huge amount of overflow work.
Please do NOT bid if you do not have experience in the Gambling industry!!! Your bid will be ignored!!!
You must be able to research, write and edit all your own work before submitting it.
It must be run through Copyscape before coming to us...if we find any copied work, it will be rejected immediately and not paid for! A lot of our clients like us to use [url removed, login to view] as well.
Upon submitting your work, you understand that you are in no way allowed to reuse the work for anything and the client will own all rights to the work.
What makes you special?
Besides great personality and your ability to learn new skills faster than average, your skills will include:
• Writing for SEO
• Research
• Editing
• Wordpress (from site creation to plugins and themes)
• Content and marketing strategies (Planning and implementing)
• Keyword research
Why would you be a valuable asset in our business?
You can prove that you are a hard and fast worker without copying anything and completing all work on time.
What are we looking for?
Someone that can work well under pressure.
Please note that itemised invoices are to be submitted on the 30th of each month and payment is made in the first week of the following month. Some of our clients pay after each project...but most pay monthly.
If you think that you might be the right fit...please forward us links to your work in your name and let us know how much work you can manage per day/per week...as well as how many days per week you are available. Right now we can pay you $1.00 per 100 words. Some jobs pay more...that just depends on the client and the project. Please don't take much note of the price range that I've set for bidding...it's only there because I had to put something in.
Please only bid if you are a Native English speaker & writer. Don't waste your bid if you're not!
To prove that you've read this post in details...start your bid with "Communication is Key". If this is not in your bid and you have not read the rates, your bid will be deleted. I'm tired of writers just randomly bidding and not actually reading a single thing!
Look forward to hearing from you!
12 freelancers are bidding on average $126 for this job
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Hi, NOTE - THIS IS INITIAL DEFAULT BID AND INITIAL MILESTONE PAYMENT REQUESR AND FOR FULL AND FINAL PAYMENT DETAILS & TIME LIMIT PLEASE DISCUSS THE PROJECT. I am professional hardworking writer and make sure ea More
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Fabrication Lab
The FabLab at the School of Architecture Planning and Preservation emphasizes the notion of learning to design through the process of making. Our students learn to influence the form and meaning of the built environment by working directly with its material and physical nature. We stress the integration of digital and hand fabrication methods, and explore how traditional technology is affected and transformed by new materials and technique.
Detail is approached at many scales and in diverse materials. The Lab also collaborates with members of the School community on research projects and competition entries.
Our Workshop provides an extensive selection of hand and power tools for the manipulation of wood and other media. Our staff offers instruction in the safe use of tools and machinery and provides assistance, training and supervision in the processes and materials explored by our students.
Digital Modeling facilities complement traditional equipment and greatly expand the possibilities in research and design education.
Contact Joe Largess for questions about the Fabrication Lab.


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Dallas News Homes / SEARCH: 3703 Republic Trail Melissa, TX 75454
- 4 beds
- 3 baths
- $374,900 price
- 1701199 mls id
- Square Feet: 2,887 sqft
- Neighborhood: Liberty
Listing Description
Located in Melissa, TX, Liberty offers beautiful single family new homes in a master-planned community.. Residents enjoy the amenity center with pool, sport courts, pond and playground. Melissa Independent School District's McKillop Elementary is on-site. Offered By: K. Hovnanian DFW Liberty, LLC
- Builder Website
- NewHomeSource Listing
- NewHomeSource Subdivision Website
- New Construction Yes
Subdivision: Liberty
3703 Republic Trail Melissa, TX
Dallas News Real Estate Powered by Placester


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Sandy shared similarities with a legendary predecessor, the "Perfect Storm" of October 1991. But meteorologists say the two differed in one important respect: Sandy was far worse.
PHILADELPHIA -- Sandy, now spinning its way toward retirement, shared similarities with a legendary predecessor, the "Perfect Storm" of October 1991. But meteorologists say the two differed in one important respect: Sandy was far worse.
"This storm is going to be in a class of its own," Louis W. Uccellini, director of the National Centers for Environmental Prediction, said Tuesday.
That might get an argument from some on the mainland, but probably not from residents and property owners along the Jersey Shore, or the inhabitants of the new Venice of the Northeast, New York City.
In the coming weeks, Sandy's legacy will become more evident as bills for federal disaster relief start piling up.
In an extraordinary move, without waiting for damage surveys, President Barack Obama already has declared a "major" disaster for New Jersey and New York coastal areas. Damage could reach $20 billion, according to Eqecat Inc., a California insurance-modeling company.
Sandy's statistical accomplishments are impressive. Record power outages (3.7 million customers in the region); record-low air pressure over Philadelphia, evidence of the storm's intensity; new standards for storm surges; and an all-time high-water mark on the Delaware River at Philadelphia (10.2 feet).
But it was Sandy's behavior that has the meteorological community buzzing. Sandy defied the traditional rules of weather by moving from east to west, and that peculiar path probably had something to do with blunting its effects away from the coast, especially north and west of the city.
And its peculiar nature - an explosive combination of hurricane and nor'easter-like cyclone - had everything to do with the flood tides at the Shore and the inundation and shutdown of the New York subway system.
Sandy was so strange that meteorologists are unsure what to call it. The National Hurricane Center has determined that even though its peak winds were strong enough to qualify as a hurricane when it made landfall, it was behaving too much like a winter-type storm by then to be called tropical.
Hurricanes are not snowmakers, but on Tuesday a Sandy-related blizzard was raging in the mountains of West Virginia. Sandy was circulating so much cold air that temperatures did not get out of the 40s in gloomy Philadelphia on Tuesday, even though winds were from the usually warmer southeast.
"I don't believe there's anyone alive who's seen this," said Gary Szatkowski, meteorologist in charge of the National Weather Service.
Last week, meteorologists differed on the forecast details, but by Friday they generally agreed on the big picture: Sandy would move slowly north off the East Coast, make a drastic turn to the west near Delaware or New Jersey, interact with deep storm moving across the East, and move inland.
That scenario played out for the most part, but Sandy had a few surprises. After it gained fresh energy crossing the Gulf Stream, it got caught in upper-air winds that sped up its trip toward land, said AccuWeather Inc. meteorologist Brian Edwards.
"Having that system accelerate didn't do you any favors," Uccellini said. Since the winds were moving in the same direction as the storm, west to east, Sandy's motion increased the wind speed. A gust of 89 mph was measured at Surf City, N.J., as were gusts of 76 mph as far inland as Bensalem, Bucks County, Pa., and 68 mph at Philadelphia International Airport.
Tropical-cyclone winds typically affect smaller areas than do winter storms. But when Sandy reached Atlantic City, N.J., it had merged with the land storm and was acting like a nor'easter, with a massive circulation.
Sandy's winds, covering nearly the eastern third of the nation, agitated waves that drove floodwaters into Manhattan, and pounded away at Long Island and New York Harbor.
The computer forecast models were dead-on with their projections for wind speeds at the Shore and in the Philadelphia region, but off in terms of duration and on inland rainfall totals.
The winds let up hours ahead of predictions Tuesday morning. Up to a foot of rain fell at the Shore, but generally it was 2 to 5 inches west of the Delaware.
Meteorologists said that the models were having trouble with a storm that was making a transition from a tropical storm - one fueled by warm waters - and a wintry storm, one powered by temperature contrasts. Szatkowski said the models may have underrated the weakening effects of the trip across land.
"One of the more difficult aspects of the forecast was getting a handle on the wind field," Szatkowski said.
Sandy "clearly will go down as a historic storm," Uccellini said. Whether it will go down as a hurricane is another matter. Officially, the hurricane center declared it a post-tropical storm at landfall.
Barry Evans, chief executive officer at AccuWeather, said Tuesday that the distinction was unnecessary and confusing to the public.
Uccellini countered that it would be confusing to label something a hurricane if it was not. He added, however, that the storm would be examined closely and that eventually it could gain that title officially.
Tony Gigi, a veteran meteorologist, said that the effects were the same no matter what Sandy becomes in the record books.
"This hammered the coast the way a hurricane would," he said, "no matter what you want to call it."


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TORONTO, ONTARIO--(Marketwire - Dec. 17, 2012) - NCE Resources Group is pleased to announce that a preliminary prospectus for a new flow-through investment, NCE Diversified Flow-Through (13) Limited Partnership (the "Partnership"), has been filed with, and the receipt issued by, the securities commissions and regulatory authorities in each of the provinces and territories of Canada.
Flow-through shares
The Partnership has been created for the purpose of investing in flow-through shares of resource issuers engaged in oil and gas exploration, development and/or production, mineral exploration, development and/or production, renewable energy exploration and development, and related resource business issuers such as pipeline or service companies and utilities ("Resource Companies"). The actual allocation of the Partnership's investment portfolio will be determined based on the investment opportunities available at the time of investment. The Partnership will endeavour to invest all proceeds available for investment in flow-through shares on or before December 31, 2013.
Objective of the Partnership
The objective of the Partnership is to achieve capital appreciation and to maximize the tax benefits received by investors. The Partnership will initially invest in flow-through shares of Resource Companies.
Tax benefits
Investors will be eligible to receive tax benefits through participation in the Partnership, which is expected to include a deduction in 2013 of an amount equal to approximately 100% of their investment based on completion of the maximum offering and on certain other assumptions as set forth in the prospectus.
Offering price
The price per unit is $25.00 with a minimum subscription of 200 units ($5,000).
Manager and Portfolio advisor
The general partner, NCE Diversified Management (13) Corp. (the "General Partner") will retain Sentry Investments Inc. (the "Manager" or "Sentry") as the Manager of the Partnership, to direct the business, operations and affairs of the Partnership and provide day-to-day management services to the Partnership on behalf of the General Partner, including, without limitation, the provision of advice on and the management of the investment portfolio of the Partnership.
General Partner
The General Partner is a corporation incorporated under the laws of the Province of Ontario. The General Partner is a member of the NCE Resources Group, which is an oil and gas investment management organization specializing in energy investments and providing a full range of technical, operational, administrative and investor services. Since 1984, the NCE Resources Group has invested or managed the investment of approximately $4.4 billion in the acquisition, development and exploration of resource properties and securities of resource issuers, and has entered into drilling, joint venture and other similar arrangements with oil and gas industry participants.
The syndicate of agents, co-led by CIBC World Markets Inc., RBC Dominion Securities Inc. and National Bank Financial Inc., includes BMO Nesbitt Burns Inc., Scotia Capital Inc., TD Securities Inc., Canaccord Genuity Corp., GMP Securities L.P., Manulife Securities Incorporated, Macquarie Private Wealth Inc., Raymond James Ltd., Desjardins Securities Inc. and Mackie Research Capital Corporation.
Sentry Investments
Sentry Investments is a Canadian asset management company with over $8 billion in assets under management on behalf of Canadian investors. Sentry offers a diverse range of investment products, including mutual funds and flow-through limited partnerships. Sentry was recognized as Canada's Best Equity Funds Group at the 2011 and 2012 Lipper1 Fund Awards, and is one of only three firms to receive four consecutive Brendan Wood International TopGun Asset Management Team Awards (2009 to 2012).
Certain statements included in this news release constitute forward-looking statements, including, but not limited to, those identified by the expressions "expect," "intend," "will" and similar expressions to the extent that they relate to the Partnership. The forward-looking statements are not historical facts but reflect the General Partner's and Sentry's current expectations regarding future results or events. These forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. Although the General Partner and Sentry believe that the assumptions inherent in the forward-looking statements are reasonable, forward-looking statements are not guarantees of future performance and, accordingly, readers are cautioned not to place undue reliance on such statements due to the inherent uncertainty therein. Neither the General Partner nor Sentry undertake any obligation to update publicly or otherwise revise any forward-looking statement or information whether as a result of new information, future events or other such factors which affect this information, except as required by law.
A preliminary prospectus containing important information relating to these securities has been filed with securities commissions or similar authorities in all the provinces and territories of Canada. The preliminary prospectus is still subject to completion or amendment. Copies of the preliminary prospectus may be obtained from one of the dealers noted above. There will not be any sale or any acceptance of an offer to buy the securities until a receipt for the final prospectus has been issued.
1Lipper and Lipper corporate marks are proprietary trademarks of Lipper, a Thomson Reuters Company. © 2012 Thomson Reuters. All rights reserved. Any copying, republication or redistribution of Lipper content is expressly prohibited without the prior written consent of Thomson Reuters.
|Sentry Investments Inc.
|Commerce Court West
|199 Bay Street, Suite 4100
|P.O. Box 108
|Toronto, ON M5L 1E2
|Tel: 416-364-9297
|Fax: 416-364-1197
Contact Information: