text: Virgil Hall, III v. State of IndianaFOR PUBLICATION ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: MARK SMALL STEVE CARTER Indianapolis, Indiana Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA VIRGIL HALL, III, ) ) Appellant-Defendant, ) ) vs. ) No. 27A02-0207-CR-538 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. ) APPEAL FROM THE GRANT CIRCUIT COURT The Honorable Thomas R. Hunt, Judge Cause No.27C01-0006-CF-35 September 30, 2003 OPINION - FOR PUBLICATION MATHIAS, Judge Virgil Hall III ("Hall") was convicted of murder, a felony,[1] and neglect of a dependent resulting in serious bodily injury, as a Class D felony,[2] in Grant Circuit Court. Hall was sentenced to sixty-five years executed in the Department of Correction for murder and three years for neglect of a dependent resulting in serious bodily injury, with the sentences to run concurrently. Hall appeals, raising the following restated issues: I. Whether the trial court abused its discretion when it denied Hall's Motion to Correct Error; II. Whether the trial court abused its discretion when it limited Hall's cross-examination of the victim's mother; III. Whether the trial court abused its discretion when it excluded testimony of Hall's medical expert; IV. Whether the trial court abused its discretion when it denied Hall's Motion for a Mistrial; and, V. Whether the trial court erred when it denied Hall's Verified Motion for the Appointment of a Special Prosecutor. Concluding that Hall has failed to meet his burden under these theories, we affirm. Facts and Procedural History In December of 1999, Hall married Kelli Fetterhoff ("Fetterhoff"), the mother of three-year-old Peyton Fetterhoff ("Peyton") and five-year-old Hunter Fetterhoff ("Hunter"). Four months thereafter, Hall and Fetterhoff had a son, Devon Hall ("Devon"). On the morning of May 25, 2000, Fetterhoff went into town to run errands with Devon, while Hall stayed home to do lawn work and watch over Peyton and Hunter. At 11:04 a.m., Hall called Ted Flannigan, the deputy chief of the Mill Township Fire Department, and asked for assistance because Peyton "fell off a swing." Tr. p. 234. When Ted Flannigan arrived, he was immediately concerned that Peyton's situation was serious and told Hall to call an ambulance. Tr. pp. 244-45. Hall called an ambulance and informed the dispatcher that his child fell off a swing. Tr. p. 168. Peyton was transported to Marion General Hospital, where he was examined by Dr. Jeffrey Yablong ("Dr. Yablong"). Hall also advised Dr. Yablong that Peyton fell off a swing. Tr. p. 288. Dr. Yablong observed that Peyton had a number of obvious and severe injuries; Peyton was non- responsive to commands, lethargic, had a fracture on his skull, a large amount of swelling, noticeable injuries to his torso, and deviated eyes. Due to the severity of Peyton's injuries, he was taken by helicopter to Riley Hospital in Indianapolis. Peyton's condition was critical when he arrived; he was not moving and had low blood pressure and a high heart rate. Peyton eventually died because his brain became so swollen that its blood supply was cut-off. Dr. Dean Hawley ("Dr. Hawley") performed Peyton's autopsy. Peyton's autopsy revealed that he had suffered at least three separate injuries to his head, one on each side and one on the back. Tr. p. 664. The autopsy also revealed that Peyton had a laceration to the ligament that holds his head to his cervical spine, a severe injury to his chest, another injury to his abdomen, and yet another severe injury to his scrotum. Tr. p. 356. On June 5, 2000, Hall was charged by information with murder, a felony. On December 29, 2000, the State added a neglect of a dependent resulting in serious bodily injury, as a Class B felony, count to Hall's charging information. While Hall awaited trial, he was incarcerated in the Grant County Jail. During Hall's incarceration, the Gas City Police Department sought and received permission from Chief Deputy Prosecutor Jim Luttrell ("Luttrell") to intercept Hall's phone conversations. When Luttrell authorized this interception, he believed that the jail had the practice of notifying inmates during booking that their phone conversations were subject to being recorded; however, after Hall's phone conversations already had been recorded, jail officials and Luttrell learned that this notification procedure was not in place when Hall was booked. Tr. pp. 28- 29, 34-35. As a consequence of the unauthorized interception of his phone conversations, Hall commenced civil proceedings against those responsible, including Luttrell, and filed a verified motion for the appointment of a special prosecutor. The trial court denied Hall's motion, but prudently suppressed all evidence obtained as a result of the interception of Hall's phone conversations. Before trial, the State filed a motion in limine, seeking to exclude alleged testimony indicating that Fetterhoff struck Peyton in the head on the morning of his death. The trial court granted this motion. Jury trial began on February 6, 2001. During trial, the State objected to a portion of the testimony offered by Hall's medical expert, Dr. Lawson Bernstein ("Dr. Bernstein"). The trial court excused the jury and held an evidentiary hearing on the admissibility of Dr. Bernstein's testimony. After the hearing, the trial court held Dr. Bernstein's testimony inadmissible because of his limited expertise. Tr. pp. 1340-44. At trial, Hall recanted his initial explanation of Peyton's injuries. Hall testified that he had placed Peyton on a workbench and, while he was using his electric weed eater, pulled on the weed eater's extension cord to unloosen a kink in the cord. Tr. pp. 923-26. Hall stated that as he pulled on the cord, he accidentally struck Peyton, who was sitting behind him, knocking Peyton off the bench, and causing Peyton to hit a dog cage before hitting the floor. Tr. p. 926. Hall claimed the reason he told doctors and emergency personnel Peyton fell off a swing was because he was afraid people would feel he was not a responsible parent if the truth were known. Tr. pp. 937-47. During trial, the State produced evidence from several doctors that indicated Peyton's injuries were inconsistent with those caused from falling off a swing. Tr. pp. 292, 337-38, 763. Also, Dr. Tres Scherer ("Dr. Scherer"), a pediatric surgeon who examined Peyton at Riley Hospital, testified that (1) Peyton's injuries were similar to those caused by intentional trauma, (2) a fall from a table, then to another object, and then to the floor would not be capable of causing Peyton's injuries, and (3) Peyton's injuries were consistent with having been inflicted contemporaneously on the morning of the day he was treated at Riley Hospital. Tr. pp. 340, 343, 361. Dr. Thomas G. Luerssen ("Dr. Luerssen"), a pediatric neurosurgeon who also examined Peyton at Riley Hospital, testified that a fall of five or six feet may be able to fracture a child's skull but would not be capable of harming a child's brain and only a fall from an extreme height—one to two stories—could have caused the type of brain injury Peyton received. Tr. pp. 424-25, 435. Dr. Hawley, who performed Peyton's autopsy, testified that injuries similar to Peyton's laceration of the ligament that holds his head to his cervical spine typically occur when the head is thrown violently forward and Peyton's injuries to his chest, abdomen, and scrotum were consistent with those caused by punches or kicks. Tr. pp. 658, 665, 679, 681. Hall called a photogrammetry expert to testify about the width of the bars on the dog cage that Peyton allegedly hit as he allegedly was falling from the workbench. This expert testified that the width of the injuries on Peyton's head were consistent with the width of the bars on the dog cage. Tr. pp. 1072, 1171. The following exchange, concerning this testimony, occurred during Luttrell's closing rebuttal argument: State: Oh, and by the way, these posts that are three-eighths of an inch wide. Hmmm. Well . . . Hall: Your Honor. We'll object . . . [the] witness has already testified to [the] measurements . . . we demand a mistrial. He cannot testify. Court: Overruled. This is not testimony; it's final argument. State: Don't they have the same measurements in Canada? Isn't an eighth of an inch the same here as it is in Canada? Tr. pp. 1502-03 (emphasis added). The jury found Hall guilty of murder, a felony, and neglect of a dependent resulting in serious bodily injury, as a Class B felony. The trial court sentenced Hall to sixty-five years in the Department of Correction for murder, a felony, and three years for neglect of a dependent, as a Class D felony, with the sentences to run concurrently. On April 5, 2001, Hall filed a motion to correct error. An affidavit was attached to this motion alleging jury misconduct. The affidavit specified that during trial juror David Daniels ("Daniels") told alternate juror Gary Hopkins ("Hopkins") that Daniels' stepson was incarcerated with Hall and believed Hall to be innocent. Appellant's Supp. App. pp. 302-03. At a later stage of trial, Daniels' stepson and the other inmates changed their opinion and, by this time, believed Hall to be guilty. Id. Although the inmates' subsequent opinions were not communicated directly to Daniels, they were relayed to Daniels' wife, and Daniels overheard his wife giving this information to another family member. Id. at 319. Daniels conveyed this information to the remainder of the jury during deliberations. Appellant's App. pp. 24, 37. After Hall filed his Motion to Correct Error, he moved to depose the jury. The trial court denied this motion. This ruling was certified for interlocutory appeal, and this court affirmed. See Hall v. State, 760 N.E.2d 688 (Ind. Ct. App. 2002), trans. denied. On May 22, 2002, the trial court denied Hall's Motion to Correct Error. Hall now appeals. I. Jury Misconduct A party may file a motion to correct error when there is newly discovered evidence, such as alleged jury misconduct. Mitchell v. State, 726 N.E.2d 1228, 1238 (Ind. 2000). The decision to deny a motion to correct error lies within the trial court's sound discretion. Griffin v. State, 754 N.E.2d 899, 901 (Ind. 2001). An abuse of discretion occurs when the denial of a motion to correct error is clearly against the logic and effect of the facts and circumstances before the court or the reasonable, probable, and actual deductions following therefrom. Hall, 760 N.E.2d at 690. A. Under current Indiana law, the burden of proving prejudice is on the defendant. In Griffin, our supreme court declined to overturn a conviction despite a claim that—upon request during deliberations—an alternate juror expressed her belief, supported by her reasoning, that the defendant was guilty. 754 N.E.2d at 900. In so holding, Griffin stated, "juror misconduct involving an out-of-court communication with an unauthorized person creates a rebuttable presumption of prejudice."[3] 754 N.E.2d at 901 (citing Currin v. State, 497 N.E.2d 1045, 1046 (Ind. 1986)). However, Griffin then continued, "[a] defendant seeking a new trial because of juror misconduct must show that the misconduct (1) was gross and (2) probably harmed the defendant." Id. Griffin concluded by noting, "[the defendant] has not shown . . . probable harm. The trial judge therefore acted within the bounds of his discretion in denying relief based upon juror misconduct." Id. at 903 (emphasis added).[4] Cases other than Griffin have "applied" Currin's presumption of prejudice in much the same manner. Butler v. State upheld a conviction despite an assertion that a juror learned, by way of an extrinsic communication, that someone fired a gun at a State witness. 622 N.E.2d 1035, 1039 (Ind. Ct. App. 1993), trans. denied. In so holding, Butler stated: In general, a rebuttable presumption of prejudice arises from juror misconduct involving out-of-court communications. Currin v. State, [497 N.E.2d 1045, 1046 (Ind. 1986)]. Such misconduct must, however, be based on proof, by a preponderance of the evidence, that the extra- judicial contact or communication actually occurred and that it pertained to a matter before the jury. Id. This is a threshold inquiry that must first be established before the trial judge may consider the presumption [of prejudice] . . . Once the defendant has established to the satisfaction of the trial court that improper contact occurred and that it pertained to a matter before the jury, the presumption [of prejudice] arises and the burden shifts to the State for rebuttal. Then, upon consideration of all the evidence, the trial court must be convinced that a substantial possibility existed that the verdict was prejudiced by the improper material before a reversal and a new trial will be granted. Id. (emphasis added) (citations omitted). To erase any doubts as to which party Butler placed the burden of proof, Butler stated, "while [the defendant] may have met his initial burden, he did not demonstrate to the trial court a substantial possibility that the jury was improperly influenced." Id. at 1040-41 (emphasis added); see also Williams v. State, 757 N.E.2d 1048, 1060-61 (Ind. Ct. App. 2001), trans. denied (stating, "[m]oreover, even if [the defendant] had presented evidence to shift the burden to the State, he has failed to demonstrate that the potential misconduct was gross or constituted probable harm) (emphasis added).[5] All of these cases state the presumption of prejudice as black letter law and then proceed to ignore it. [6] B. The burden of proving the lack of prejudice should be on the State Under the Sixth Amendment, every defendant must be afforded the opportunity to conduct an effective cross-examination of the State's witnesses. Kilpatrick v. State, 746 N.E.2d 52, 59 (Ind. 2001). This right "extends to situations related to the presentation of evidence or witnesses, during which the right of cross-examination is implicated." Id. When a defendant is denied this opportunity, his conviction will be reversed unless the State can prove beyond a reasonable doubt that the denial did not contribute to the verdict obtained. Standifer v. State, 718 N.E.2d 1107, 1110-11 (Ind. 1999) (citing Chapman v. California, 386 U.S. 12, 24, 87 S.Ct. 824 (1967)). We find it inconsistent and troubling that when a defendant is not allowed to confront evidence in an open courtroom—where he or she at least has the opportunity to hear the evidence presented and, consequently, has the ability to conduct his or her defense in a manner that might compensate for the damaging evidence—Indiana law requires the State to prove beyond a reasonable doubt that the error was harmless. Yet, under Indiana's current jury misconduct standard, when a defendant is not allowed to confront evidence because extrinsic information reached the jury—which the defendant may not even be aware of and, consequently, will be unable to conduct his or her defense in a manner that compensates for the extrinsic information—Indiana law requires the defendant to prove that he or she has been prejudiced by the evidence. For all of these reasons we respectfully assert that the State should bear the burden of proving that Hall was not prejudiced by the extrinsic communications.[7] However, because mandatory precedent clearly places the burden of proving prejudice on the defendant, we require Hall to prove he was prejudiced by the misconduct. C. Hall failed to meet his burden of proving prejudice 1. Extrinsic information reached the jury during deliberations When evaluating jury misconduct, we consider juror affidavits to the extent they assert the deliberations were tainted by improper influence. Majors v. State, 773 N.E.2d 231, 234 n.1 (Ind. 2002). Daniels told Hopkins that his stepson was incarcerated with Hall and believed Hall to be innocent. Appellant's App. p. 23. Hopkins' affidavit also indicates that, during deliberations, Daniels informed the remainder of the jury that his wife had a subsequent conversation with his stepson and his stepson had changed his previous opinion and now believed Hall to be guilty. Id. at 24. Daniels' own affidavit corroborates Hopkins' claims. Id. at 37. These two affidavits clearly indicate that extrinsic communications concerning a contested matter reached Hall's jury during deliberations. See Hall, 760 N.E.2d at 692. 2. How prejudice is measured Hall asserts, and we agree, that the State converts the determination of proving prejudice into a sufficiency test and such a conversion is not supported by Indiana law. Reply Br. of Appellant at 5-6. Little, if any, guidance is provided on this issue by jury misconduct cases; however, we find harmless error analysis instructive. Ground v. State notes: It may seem anomalous that we are reversing [the defendant's] convictions based on harmless error analysis but concluding, at the same time, that the remaining evidence is sufficient to support her convictions. Based on the sufficiency of the evidence, one could argue [the defendant] was not prejudiced by the improperly admitted evidence. However, the test for harmless error serves a different function than the test for sufficiency of the evidence. The harmless error test seeks to determine the probable impact of the error on the jury, and its effect on the rights of the party. The sufficiency of the evidence test seeks to determine if substantial evidence of probative value exists from which a reasonable trier of fact could find guilt beyond a reasonable doubt. 702 N.E.2d 728, 733 n.4 (Ind. 1995); see also Saperito v. State, 490 N.E.2d 274, 278 (Ind. 1986) ("of course, the test for harmless error is not whether the evidence was sufficient without the offending testimony, but whether the testimony might have had a substantial effect on the verdict"); Griffin v. State, 664 N.E.2d 373, 377 (Ind. Ct. App. 1996) ("while there may exist substantial evidence of [the defendant's] guilt, we determine that the excluded evidence's probable impact on the jury, in light of the evidence in the case, affected [the defendant's] substantial rights"). The test for harmless error is not whether there was substantial evidence of the defendant's guilt but whether the error contributed to the verdict.[8] We adopt this approach for jury misconduct cases involving extrinsic communications because: (1) like harmless error analysis, jury misconduct review seeks to protect the defendant's rights (impartial jury and confrontation), not to determine the sufficiency of the evidence, and (2) sufficiency cases affirm verdicts unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Tyson v. State, 766 N.E.2d 715, 717-18 (Ind. 2002). The application of such a sufficiency-affirming standard would not necessarily be reliable for the purpose of determining actual prejudice because reasonable people have been known to disagree about such matters—as is evidenced by dissenting opinions. 3. Information that may be considered in determining prejudice When determining whether an extrinsic communication has prejudiced the defendant, we consider juror affidavits only to the extent they assert the deliberations were tainted by improper information and are precluded from considering any information, contained within the juror affidavits, indicating how the extrinsic information affected the jury's decision- making process. Hall, 760 N.E.2d at 691. As such, we must disregard Daniels' self-serving statement indicating that his stepson's communication in no way affected his verdict and make an independent determination of the likely effect of the communications. Appellant's App. p. 37. 4. Review of the evidence and application of the current standard. Hall stated, "[i]n most instances it is difficult, if not impossible, to assess the impact of extraneous information of influences without somehow gaining insight into the individual juror's reaction to the information or outside influence." 760 N.E.2d at 692 n.2. When the extraneous information at issue is merely cumulative, strikes the court as being so inherently unreliable as likely to be rejected by the jury, or does not concern a central issue of the case, a court may be able to assert with confidence that the defendant was not prejudiced by the information. However, when, as here, the extraneous information concerns a central issue of the case—Hall's actual guilt—or fairly can be expected to pervade every aspect of the jury's deliberations, Hall's analysis is irrefutable. Because of the rule precluding consideration of juror testimony regarding the impact of the extraneous information on the verdict, reviewing courts are confronted with a dearth of evidence and are, consequently, ill equipped to determine whether jurors confined their deliberations to properly admitted evidence or allowed the extraneous information to affect their verdict. For this reason, the placement of the burden of proof is everything.[9] In the case at bar, the extraneous information concerned Hall's fellow inmates' opinions of his innocence and guilt. The fact that the inmates lived with Hall and once believed he was innocent, but changed their belief to guilt, renders the impression that the inmates had a special insight into Hall's guilt—seemingly gained as a result of their frequent contact with Hall and ability to see Hall when he had not composed himself for a jury. As such, if the jury allowed themselves to consider this information, there can be little doubt that the information had a prejudicial impact on the verdict obtained. However, as suggested, or perhaps even predicted, by Hall, 760 N.E.2d at 692 n.2, the dearth of evidence and our consequent inability to gain an insight into the jury's motivations leaves us at a loss in determining whether Hall's jury considered the extraneous information. Because there is no evidence in the record to make this determination, Hall, as the party with the burden of proof under current Indiana law, necessarily loses. II. Hall's Cross-examination of Fetterhoff The admission of evidence is within the sound discretion of the trial court, and a decision to admit evidence will not be reversed absent a showing of an abuse of that discretion resulting in the denial of a fair trial. Simmons v. State, 760 N.E.2d 1154, 1158 (Ind. Ct. App. 2002). Generally speaking, relevant evidence is admissible and irrelevant evidence is inadmissible. Majors v. State, 748 N.E.2d 365, 368 (Ind. 2001). Relevant evidence is evidence having any tendency to make the existence of a fact that is of consequence to the determination of an action more or less probable than it would be without the evidence. Majors, 748 N.E.2d at 368. Hall sought to admit alleged evidence of Fetterhoff striking Peyton on the morning of his death as a means of establishing an alternate cause of death. Br. of Appellant at 18. However, medical testimony demonstrated that Peyton's injuries were inflicted contemporaneously. Tr. pp. 234, 361. As such, a single alleged blow, separated in time from Peyton's other injuries, is extremely unlikely to have caused Peyton's death. Furthermore, Hall himself maintains that Peyton received his injuries while he was alone with Peyton. Tr. pp. 926-28. Thus, even if it were unrefuted that Fetterhoff struck Peyton on the morning of his death, her alleged blow almost certainly was not the cause of Peyton's death and, thus, is irrelevant to the determination of this case.[10] The trial court was therefore well within its discretion when it held evidence of Fetterhoff allegedly striking Peyton inadmissible.[11] III. The Exclusion of Dr. Bernstein's Testimony Indiana Evidence Rule 702 provides that a witness may be qualified as an expert by virtue of the witness' "knowledge, skill, experience, training, or education." Kulsch v. State, 784 N.E.2d 905, 921 (Ind. 2003). Only one of the above characteristics is necessary to qualify an individual as an expert. Id. Expert scientific testimony is admissible if (1) it satisfies the above standard, (2) the scientific principles upon which the expert testimony rests are reliable, and (3) the testimony's probative value is not substantially outweighed by the danger of unfair prejudice. Haycraft v. State, 760 N.E.2d 203, 210 (Ind. Ct. App. 2002), trans. denied (quoting Smith v. State, 702 N.E.2d 668, 672 (Ind. 1998)). It is within the trial court's sound discretion to decide whether a person qualifies as an expert witness. Corbet v. State, 764 N.E.2d 622, 628 (Ind. 2002). A. Dr. Bernstein's testimony was improperly excluded The trial court rejected Dr. Bernstein's testimony concerning his theory of the cause of Peyton's death, because Dr. Bernstein (1) did not see Peyton's computerized tomography scan ("CT scan"), (2) neither attended nor saw Peyton's autopsy, (3) does not conduct autopsies himself, and (4) failed to consider, or at least adequately explain, why other factors were not the cause of Peyton's death. Tr. p. 1343. The State concedes that reviewing the radiology report of the CT scan, as Dr. Bernstein did, is more helpful to a physician than reviewing the CT scan itself and that an expert witness need not attend an autopsy to form an opinion as to the cause of a person's death. Br. of Appellee at 16. However, the State asserts that the fact Dr. Bernstein did not see Peyton and does not do autopsies renders his opinion speculative. Id. The State cites Ind. Mich. Power Co. v. Runge, 717 N.E.2d 216, 237 (Ind. Ct. App. 1999), in support of its position. Br. of Appellee at 16. Runge's exclusion was based on the "bald" assertions of a witness concerning the effect of "electromagnetic fields" on the human body. 717 N.E.2d at 231, 237. Dr. Bernstein's offered testimony did not consist of "bald" assertions and concerned a subject matter far less speculative than the effect of electromagnetic fields on the body. Dr. Bernstein testified that his practice involved regularly reviewing the records of neurological and general trauma patients similar to the records he examined for this case. Tr. pp. 1273, 1327. As Birdsell v. United States stated, "with the increased division in modern medicine, the physician making the diagnosis must necessarily rely on many observations and tests performed by others; records sufficient for diagnosis in a hospital ought be enough for opinion testimony in the courtroom." 346 F.2d 775, 779-80 (5th Cir. 1965); see also Ealy v. State, 685 N.E.2d 1047, 1056 (Ind. 1997) ("[w]e have long held it proper for an expert to give an opinion based upon an autopsy report prepared by another"). The fact that a qualified physician, who does not conduct autopsies, relied on the autopsy and radiology reports prepared by others rather than inspecting the victim himself should be of no importance in the determination to exclude the offered testimony of Dr. Bernstein. As for the trial court's determination that Dr. Bernstein's testimony does not adequately explain why other factors were not the cause of death, the very purpose of Dr. Bernstein's testimony was to illustrate that the cause of death theorized by the State was incorrect because his theory, allegedly, represented the actual cause of death. Under these facts and circumstances, although the factors proffered by the trial court may be a valid ground for discrediting Dr. Bernstein's testimony on cross-examination, using them to exclude Dr. Bernstein's testimony amounted to an abuse of discretion.[12] B. Indiana Harmless Error Errors in the admission or exclusion of evidence are to be disregarded as harmless unless they affect the substantial rights of a party. Ind. Trial Rule 61; Hardin v. State, 611 N.E.2d 123, 131 (Ind. 1993); see also Fleener v. State, 656 N.E.2d 1140, 1141-42 (Ind. 1995). Considering all of the evidence in the case, we find the error limiting Dr. Bernstein's testimony sufficiently minor so as not to have affected Hall's substantial rights. Peyton's treating physician and the pathologist who performed Peyton's autopsy both testified that Peyton died as a result of multiple blunt force trauma. In light of the concurring testimony of the physicians who treated Peyton and performed his autopsy, it is unlikely that the jury would have found that Peyton died from a different cause. Tr. pp. 348-51, 683-89. For this reason, we conclude that the error excluding Dr. Bernstein's theory of Peyton's death did not interfere with Hall's substantial rights. IV. Prosecutorial Misconduct A mistrial is an extreme remedy granted "only when there is no other method which can rectify a situation." Oliver v. State, 755 N.E.2d 582, 585 (Ind. 2001). The denial of a mistrial lies within the trial court's sound discretion. Gill v. State, 730 N.E.2d 709, 712 (Ind. 2000). The trial judge is in the best position to gauge the surrounding circumstances and the potential impact on the jury when deciding whether a mistrial is appropriate. Id. When reviewing a claim of prosecutorial misconduct, we determine (1) whether the prosecutor engaged in misconduct, and, if so, (2) whether the misconduct, under all of the circumstances, placed the defendant in a position of grave peril to which he or she would not have been subjected. Booker v. State, 773 N.E.2d 814, 817 (Ind. 2002). The gravity of the peril is measured by the probable persuasive effect of the misconduct on the jury's decision rather than the degree of impropriety of the conduct. Id. During closing arguments, the following exchange occurred: State: Oh, and by the way, these posts that are three-eighths of an inch wide. Hmmm. Well . . . Hall: Your Honor. We'll object . . . [the] witness has already testified to [the] measurements . . . we demand a mistrial. He cannot testify. Court: Overruled. This is not testimony; it's final argument. State: Don't they have the same measurements in Canada? Isn't an eighth of an inch the same here as it is in Canada? Tr. pp. 1502-03 (emphasis added). It is not altogether clear what Luttrell was referring to when he mentioned "an eighth of an inch," and it is difficult to make such a determination without the aid of a visual record. However, if Luttrell were asserting that the dog cage bars were not three-eighths of an inch wide, as testified to by Hall's expert witness, and that the bars were an eighth of an inch wide based solely on the measurement that he conducted during his closing rebuttal argument, such an assertion would amount to testimony and, thus, was improper. Hall asserts that Luttrell's comment was prejudicial to him because it undermined his theory that Peyton accidentally was knocked off the workbench and, during his fall, hit a dog cage before hitting the floor. Br. of Appellant at 25. However, even had Luttrell not made this comment, a reasonable juror would nonetheless either (1) reject Hall's claim that Peyton hit the dog cage as the result of an accidental fall or (2) conclude that Peyton's injuries were the result of Hall intentionally driving Peyton's head into the dog cage. Peyton suffered at least six separate injuries. Tr. pp. 356, 664. Hall's theory, even if it were not completely contradicted by the evidence, only accounts for three of Peyton's six injuries—one injury resulting from having been knocked off the workbench, one injury resulting from hitting the dog cage during his fall, and the final injury from hitting the floor. Hall's theory's failure to adequately account for Peyton's other injuries would cause any rational juror to reject his theory regardless of Luttrell's comments. The trial court did not abuse its discretion when it denied Hall's Motion for a Mistrial. V. Hall's Motion for a Special Prosecutor Indiana Code section 33-14-1-6 states: b) A circuit or superior court judge: 2) may appoint a special prosecutor if: A) a person files a verified motion requesting the appointment of a special prosecutor; and B) the court, after: i) notice is given to the prosecuting attorney; and ii) an evidentiary hearing is conducted at which the prosecuting attorney is given an opportunity to be heard; finds by clear and convincing evidence that the appointment is necessary to avoid an actual conflict of interest or there is probable cause to believe that the prosecutor has committed a crime. Ind. Code § 33-14-1-6 (1996). Hall asserts that Luttrell's approval of the jail's request to intercept his phone conversations violated Indiana Code section 35-33.5-5- 5(c) and 18 U.S.C. section 2511. Indiana Code section 35-33.5-5-5(c) states, "[a] person who, (1) by virtue of the person's employment or official capacity in the criminal justice system, (2) knowingly or intentionally uses or discloses the contents of an interception (3) in violation of this article commits unlawful use or disclosure of an interception, a Class C felony. Ind. Code § 35-33.5-5-5(c) (emphasis added). Though Hall has met his burden of demonstrating the "official capacity in the criminal justice system" and "use of an interception" elements, he fails to direct us to a section of Article 35-33.5-5 that was intentionally violated by Luttrell. Br. of Appellant at 27-28. Thus, Hall has failed to establish that Luttrell violated Indiana Code section 35-33.5- 5-5(c). 18 U.S.C. section 2511 provides that it is a violation of federal law for any person to intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication. 18 U.S.C. § 2511 (2000) (emphasis added). 18 U.S.C. section 2511 also provides that it is not unlawful to intercept a communication where one of the parties to the communication has given prior consent for such interception. 18 U.S.C. § 2511(2)(c) (2000). When Luttrell authorized the interception of Hall's phone conversations, he did so with the understanding that the jail was notifying inmates that their phone conversations were subject to interception. Tr. p. 28-29, 34-35, 64. Thus, Luttrell's authorization was premised upon a belief of consent—provided as a defense under 18 U.S.C. section 2511(2)(c). Luttrell's mistaken belief does not satisfy 18 U.S.C. section 2511's requisite mens rea of "intentionally," and the trial court did not err in rejecting Hall's claim. Finally, the State notes, "[i]t is not clear, and indeed, [Hall] does not elaborate on why his possible cause of action against the prosecutor's office would cause a conflict of interest here." Br. of Appellee at 19. We agree. Hall provides absolutely no argument in support of this position. As such, we reject Hall's claim and conclude that the trial court did not err when it denied Hall's Motion for a Special Prosecutor. Conclusion Hall has failed to meet his burden in all of the issues he has raised. Accordingly, we affirm.[13] MAY, J., concurs. KIRSCH, J., concurs in result with opinion. IN THE COURT OF APPEALS OF INDIANA VIRGIL HALL, III, ) ) Appellant-Defendant, ) ) vs. ) No. 27A02-0207-CR-538 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. ) APPEAL FROM THE GRANT CIRCUIT COURT The Honorable Thomas R. Hunt, Judge Cause No. 27C01-0006-CF-35 KIRSCH, Judge, concurring in result. I fully concur in the decision of the majority as to all issues except for the exclusion of the defendant's medical expert. I believe the trial court was within its discretion to exclude the proffered testimony and that the defendant failed to preserve any error in its exclusion by failing to make an offer to prove. Therefore, I concur in the result reached by the majority. The trial court did an exemplary job of wrestling with the difficult issue of exclusion of scientific testimony which was raised in the midst of trial. The transcript reflects the court's extensive legal research and analysis which caused it to conclude that the proffered testimony did not meet the standards for scientific reliability set forth in Ind. Evid. Rule 702(b). I believe the trial court was acting within its sound discretion in doing so.[14] ----------------------- [1] Ind. Code § 35-42-1-1 (1998). [2] Ind. Code § 35-46-1-4 (1998). [3] If a presumption of prejudice arises, the defendant need not prove prejudice and the onus would be entirely upon the State. [4] It is tempting to reconcile Currin and Griffin by asserting that Griffin created a two-tiered standard. However, under such an interpretation, the only way a defendant could receive the presumption of prejudice is by first proving he or she was prejudiced; such a presumption is clearly illusory. [5] Because of the nature of the communications involved in all of these cases, we believe that—unlike the case at bar—the outcome of these cases would have been the same regardless of the burden of proof. [6] We find it significant that the "evolution" of Currin's presumption of prejudice appears to have been inadvertent. Currin, 497 N.E.2d at 1046, states, While a rebuttable presumption of prejudice arises from jury misconduct involving out-of-court communications with unauthorized people . . . such misconduct must be based on proof, by a preponderance of the evidence, that an extra-judicial contact or communication occurred, and that it pertained to a matter pending before the jury. Id. (emphasis added). Butler—citing Currin—restated this proposition, but then added, "upon consideration of all of the evidence, the trial court must be convinced that a substantial possibility existed that the verdict was prejudiced by the improper material before a new trial will be granted," effectively shifting the burden of proof back to the defendant. Butler, 622 N.E.2d at 1140 (citing Bockting v. State, 591 N.E.2d 576, 579 (Ind. Ct. App. 1992)). Bockting's holding concerned juror consultation of a medical dictionary—a form of misconduct that Indiana courts have long recognized does not require the State to prove that the defendant was not harmed by such a consultation. Bockting, 591 N.E.2d at 579; see also South Bend Clinic, Inc. v. Kistner, 769 N.E.2d 591, 592-93 (Ind. Ct. App. 2002); Shultz v. State, 417 N.E.2d 1127, 1134 (Ind. Ct. App. 1981). Beginning with Butler, current case law—without explicitly overruling Currin—has dispensed with Currin's requirement that the extrinsic communication "pertain to a matter pending before the jury," added the requirement that "the defendant show that the misconduct was gross and probably harmed the defendant," and, in so doing, has inadvertently negated Currin's presumption of prejudice. See Griffin, 754 N.E.2d at 901; Stephenson v. State, 742 N.E.2d 463, 477-78 (Ind. 2001); Williams, 757 N.E.2d at 1059. Contra May v. State, 716 N.E.2d 419, 421 (Ind. 1999). [7] As will be discussed below, the burden of proof is absolutely pivotal in this case. If we were to place the burden of proof on the State, where we believe it properly belongs, Hall would prevail on this issue and be entitled to a new trial. We neither take lightly the impact that such a decision would have on a case involving the murder of a three-year-old nor do we envy the task of our supreme court, should they grant transfer to resolve this issue. Nonetheless, we believe it would be far better for all concerned that Hall's conviction be vacated at such a juncture than at a subsequent one—when memories will have faded and Peyton's survivors would be faced with the unpleasant task of revisiting his loss after having a significant amount of time to heal. [8] Substantial independent evidence may be used to demonstrate that an error did not contribute to the verdict. Meadows v. State, 785 N.E.2d 1112, 1122 (Ind. Ct. App. 2003), trans. denied. To determine whether the error contributed to the verdict, we determine whether the error was unimportant in relation to everything else the jury considered on the issue in question. Id. An error pervading every aspect of deliberations cannot be said to have been unimportant in relation to everything else the jury considered on the issue in question. [9] Hall correctly asserts that the trial court's pre-deliberation instruction to the jurors, ordering them "to disregard any and all information that [they] may have derived from an outside source," should be of no consequence in this determination. Appellant's App. p. 19. This "curative instruction" was not prompt, was given before the extrinsic information reached the majority of the jury, and failed to refer to the extraneous communication at issue. If this instruction were sufficient to cure the prejudicial impact, all of the above-cited case law would have been unnecessary, as this regularly given instruction would make all prejudice analysis unnecessary. [10] Hall cites Saylor v. State, 559 N.E.2d 332, 335 (Ind. Ct. App. 1990), trans. denied, and Hendricks v. State, 554 N.E.2d 1140 (Ind. Ct. App. 1990), aff'd in part, 562 N.E.2d 725 (Ind. 1990), as standing for the proposition that he had a right to the unencumbered cross-examination of Fetterhoff. Br. of Appellant at 17-18. In Saylor, the right to cross- examination was based upon "infirmities in the witness' testimony." Saylor, 559 N.E.2d at 335. In Hendricks, the right to cross-examination was based upon the defendant's ability to show "bias" on the part of the State's witness. Hendricks, 554 N.E.2d at 1143. Bias and infirmities in testimony are always relevant; exploration of a theory expounding an impossible cause of death and contradicting the defendant's own theory of the case is not. [11] Even if Hall had shown the exclusion of this alleged evidence to be improper, the exclusion would have been harmless. One would think that testimony alluding to Peyton's misbehavior on the morning of his death to be evidence that Hall would be more than willing to allow the State to exclude. [12] We concur and sympathize with the trial court's statement indicating that the State's objection should have been raised in a pre-trial Indiana Evidence Rule 104 motion, and question whether the trial court would have made the same ruling had it not been placed under time constraints by the State's open-court objection. Tr. p. 1261. [13] Hall's motion for oral argument is hereby denied. [14] The majority finds the exclusion of the scientific evidence to be harmless error. Were I to agree that the exclusion was error, I would have serious reservations as to whether the exclusion was harmless beyond a reasonable doubt. If the exclusion of the evidence was error, then the proffered evidence was based upon scientifically reliable principles. The excluded testimony would have, insofar as I can determine, put evidence of an alternative cause of death before the jury. Can excluding scientifically reliable evidence of an alternative cause of death in a murder trial be error that is harmless beyond a reasonable doubt?


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Rate Dr. Luis A. Rives
Dr. Luis A. Rives's Ratings
I love Dr Rives. He's kinda scatterbrained, but he will listen and is very calm. I really freaked out on him and he didn't force me into the hospital. very reliable.
Was this rating useful? 0 [[ userState['ratings'][1975441].votes_count ]]
Loved him! He was always on time. He was listened to everything I said and I never felt rushed. He really helped me through my major depression. I highly recommend him.
Was this rating useful? 0 [[ userState['ratings'][1975440].votes_count ]]
He was very knowledgable. He never rushed our time. Made me feel very comfortable and has helped me with my PTSD, anxiety, and depression.
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In spite of my requests that he cease attending my mother in her nursing home(advanced Alz), Dr. Rives has charged her acct for 2 psychiatric visits when she was comotose in the last month before her death, $94/ea (I assume he was already in the nursing home for other patients, as he is the 'house' psych). Don't let yourself (or Medicaid) be abused!
Was this rating useful? 0 [[ userState['ratings'][1975438].votes_count ]]
have only seen him once (with my dad) but so far I've been impressed...time will tell, tho.
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Dr. Rive's is a great doctor if you want to be overmedicated. He will prescribe any drug you are seeking. He has no clue what he is doing.
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subset: commoncrawl


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Duly noted, I'll find some more idols for you :)
Sure I can take requests but I have exams right now so I won't be able to start on them until next month. Sorry anon >.<
Woops I didn't see this message. I have exams right now so I probably won't really start posting stuff again until late august/start of september. I'm really sorry but these exams are really important so I need to study >.<
I'm really sorry and I'll get back as soon as I can~
Thanks anon :)
9 of G-Dragon in suits.


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In my MiNd..
I thought about a new story and I liked the idea it's about edward before he met bella we know that edward is a mind reader so this story is about what he listens in the people mind it's like his dairy there might be many different characters so I hope you like it , if you like the idea please comment and I'll post the first chapter..
Views: 336
Hi COOL
I've missed you!! nice updated Carlisle and Edward are so cute actinglike litke normal teenage guys. Post more soon.
i'll post very soon
i'm glad that you like it
it was that funny?!
i'm glad that you like it
thanks for your comment
i'm so glad that you love it
thanks for you comment
thanks for your comment
i'm glad that you like it
Chapter 13 – part2 :
I was really enjoying my time with Carlisle it was good having a father and son's time .. I have never felt the need to have a time like that but it was so kind of him to stay with me
We didn't know what to do next so we thought about doing what a human male will do at his free time , and we decided to go to a sport bar..
' do you want to play pool ?' I asked..
The place was big and full with men but there were a few females trying to get some men..
( I should have of those two hotties tonight )a blonde woman thought , she was wearing a very very short black dress which didn't hide anything ..
(I can't choose one of them can't I have both ) I rolled my eyes at that thought ..
' why you are rolling your eyes?' Carlisle asked .
' some of the thoughts here are silly"
"really?! Like what?"
' nothing important , just a women who thinks about us as the two hotties that she can't choose between"
' Ooh , poor lady' he faked a sad face ' why can't we make it easier for her?'
' because you are married'
'I know that I'm married , what about you?'
'aren't we suppose to play pool?' I really wanted to change the subject .
' don't change the subject eddie-boo , come on , why don't you offer to her a set with us?'
'I don't want to"
'please , please , for me'
'ok , whatever"
I went to the women who froze at her place
' do you want to sit with us?' I hoped that she would say no but I knew she won't ..
"ya , sure' then she came with me to our table .
'I'm Julia , and you are ?" she was asking me and Carlisle .
'I'm Carlisle and this is Edward'
" you two have nice names' ( and bodies) I rolled my eyes again.
'so how old are you two?... don't answer I'll guess….hmmmm…you must be 29'she pointed to Carlisle " and you must be 23 .. right?'
' yes , you are 100% right… how did you know?' Carlisle asked ( we are a little older than that .. right edward? ) a little he must be kidding me..
' I don't know.. it was just like that'
' so what do you guys work?'
'I'm a doctor"
"and you?" she asked me
"I'm still at collage'
'oh that awesome'
"what about you?"
"I don't work I stay home all the time'
"how do you live I mean how you make money?'
'I don't .. my husband does"
'you are married?!.. so where's your husband?'
"I don't know .. he didn't come with me'
Then Carlisle stood up " sorry we don't talk to married women… have a nice weekend"
What didn't he mean …?! … any way we were out of the place finally we only stayed there for 30 min but I felt like hours ..
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Off Road Journal
AtLarge Nutrition Supplements Get the best supplements and help support Wannabebig!
Here are some pics. Weight 174.4 at these pics, bout 11pm after Chest/Arms... I'm really very unhappy with these pictures, it always seems like the person I see in the mirror and the person that shows up in these pictures are completely different. But I'm overdue so here they are anyways:
Front Relaxed - Fail Lighting
Another Front Relaxed
Right Thigh:
Left Thigh - Different Lighting
Will get some back shots up as soon as I can figure it out, and will try to get some better lighting also.
Last edited by KFeld; 07-09-2011 at 03:09 AM.
Used the reverse cam thing on my iPhone4 to try to get something up instead of making excuses:
Back Relaxed:
As always - ALL comments/criticisms are welcome. And if you're reading this, I do appreciate you stopping in... helps keep me motivated =)
Last edited by KFeld; 07-12-2011 at 11:46 AM.
Progression so far:
Front - Lighting is different, would've been closer to use the other current pic but idc.
Don't have good comparable legs pics, and only 2 back relaxed until I get a current BDB/Lat Spread shots
After the third complete week of my diet re-done, my PM weight yesterday was 172, down another couple pounds from the pix. It seems as though each day I wake up a little bit more lean now, so I think the dieting is now in full effect. I'm also ornery all the time, so thats a good sign too. I can count the cheat meals I've had in 3 weeks on 3 fingers - 6 beers, one turkey and cheddar half-sub, and a big burger and fries. Not terrible considering I'm at a min of 5 meals a day, so roughly 3 bad meals scattered within 102 good ones.
Anyways, I'm on heavy leg day later today, so will be posting again with a workout/updates. I just assume only posting my heavy upper/lower days since the other 3 days are strictly hypertrophy work, and my reps are done with such light weight -although with maximal contraction- that it's really not worth posting. I'll also try finding a way to get some pictures up with friendly lighting.
Edit: Did some updates measurements, and here's how they line up:
2/16/11 @ Midnight (196lbs)
Chest: 43.25
Waist: 35.25
Hip: 41
Bicep: 13.25 cold, 15.125 cold flexed
Thigh: 23.25
7/12/11 @ 12:00pm (172lbs)
Chest: 42"
Waist: Just under 31"
Hip: 39.5"
Bicep: 15" flexed
Thigh: 22.5"
More of a front lat spread, but impossible to do a regular one when taking your own pic.
Last edited by KFeld; 07-12-2011 at 11:57 AM.
6/12/11 Heavy Legs
Hack Squat
1pps x 10
2pps x 5
2.25pps x 5
2.25pps x 5
Standing Calves
I think you have made solid progress. Shoulders look much wider.
My Journal
I think this is possibly the all-time best response on WBB. - Jorge Sanchez
"you're an animal eat like one damn it!" - Wikked1
"Now we're finally getting to the chicken or the egg question," I grinned. "Did I eat all that food because my size gives me more of an appetite, or did I get to be this big because I've been forcing myself to eat like this for years?"
From A Body Builder is Born
i knew you were a beast but not that kinda of a beast that eats grown men and children.. lilmase
Last edited by KFeld; 07-15-2011 at 10:58 PM.
My diets been going... taken a couple light cheat meals (sub sandwich and back to back days with a large california sushi roll). I've been applying for jobs - something other than personal training - and doing some interviewing, and between that, work, dieting, and training hard my body is really starting to wear down. I don't want to give up but its tough to find the motivation to keep going. And I'm lacking energy in the interviews from the dieting so its very circular, stressed and tired from dieting leads to bad interviews and bad interviews leads to me being even more stressed. Aaaaagh.
I think I'll have to start posting workouts on here regularly again as well as food for the day just to have something holding me accountable. Found some chicken breasts for 1.97/lb today so I bought maybe 20lbs worth, and probably more tomorrow. Anyways I've only got 8.5 weeks left of dieting left so I plan on just manning up. I'll have some updates tomorrow/Sunday as I've got cardio in the morning and workouts in the afternoons on both days.
Edit: Has anybody ever taken a full week off dieting? Like used it to completely carb reload and basically eat whatever else? I'm not on a timeline and I'm wondering if it would help energy levels for the final push of the diet. Sounds like a terrible idea...
Last edited by KFeld; 07-15-2011 at 10:57 PM.
What in the world? I've never heard of a 5-ish year old kid deadlifting competitively. Some kind of crazy these days!!
Back Relaxed beg of Sept.
Front Relaxed end of Aug.
Weight 167ish. Still holding water in those pictures. Waist 29", Chest 42", Arms 14.5", Quads 22.5"
Anyways, I've decided to switch back into a bulk, because was starting to lose significant muscle during my diet. I've also officially joined Metroflex Austin, and have been working with a trainer there on my training split and my diet. I've also been using my manager, a certified nutritionist to help tweak my diet as I progress.
Weight is currently up to 172 in the AM. Have been on this diet/split for 2 weeks now. Diet is as follows:
M1: 2 eggs, 8 egg whites, 1 Bagel
M2: 1.5 Cups White Rice, 8oz chicken, 1/4 cup Italian dressing
M3: 1.5 Cups White Rice, 8oz chicken, 1/4 cup Italian dressing
M4: 8oz 90/10 Beef, 1 Large Sweet Potato, 1.5 cups Veggies
M5: 1.5 Cups White Rice, 8oz chicken, 1/4 cup Italian dressing
M6: 1 Banana, 1.5 TBSP Peanut Butter, 2 Scoops Casein Powder
Supplements: Multi / Fish Oil / Pre-workout/ Creatine / Leucine
No time-frame on a show yet, trainer thinks might be beneficial to do an experience show this winter, but unknown so far. Training split is as follows:
M: Chest/Bis
Tu: Legs
W: Off
Th: Shoulders/Traps
F: Back/Tris
S / Su: Off
The style of training here at Metroflex is different than that of my previous trainer. Here they go by the "lift as heavy as you can by as many as you can" theory. Very old school BB style. Been doing it for a couple weeks and so far my numbers look like the following:
DB Flat Bench: 90s x 4
Butt to calves squat: 225x6
Safety Bar Squat: 315x8
Deadlift: 315x4
Rack Pulls: 315x6
Will try to update journal fairly regularly. Won't have any diet logs cause it's the same every day, but will try to update some videos/lift numbers on occasion. It's unreal how much time I spend cooking/eating every day though, so my free times usually limited. The goal is to hit roughly 215-220ish this bulk, but doing it very slowly. Maybe over the course of 16-18 months or so.
275x8 Deadlift Warmup, straps - no belt:
315x5 Deadlift, straps - no belt:
I've got rack pulls next week, but I'll belt up and shoot for 335, possibly 355 for a few.
Looking strong, but not a fan of that hitching motion you got!
My Journal
I think this is possibly the all-time best response on WBB. - Jorge Sanchez
"you're an animal eat like one damn it!" - Wikked1
"Now we're finally getting to the chicken or the egg question," I grinned. "Did I eat all that food because my size gives me more of an appetite, or did I get to be this big because I've been forcing myself to eat like this for years?"
From A Body Builder is Born
i knew you were a beast but not that kinda of a beast that eats grown men and children.. lilmase
Monthly pics. BDB
Front Relaxed
Hey, I'm back after a bit of an absence. I really have a hard time keeping up with my journal but it is what it is. My weight is back up to around 180 in the evening now, and I've done a bit of growing since the last time I posted. Here are some updated pics:
Front relaxed (last one I posted was w/ a pump, this is without:
Back Double Bi (Pumped, am 10lbs heavier now):
Chest measures 43.5"
Waist 31.75"
Arms 17" Pumped
Quads 23.25"
Calves 15"
Updated lifts:
Box Squat: 385x1
Deadlift: 405x1
DB Bench: 100x8
First show is coming up this October, the NPC North Star in Minnesota. No longer trying to be "Natural Mr. Minnesota," instead decided the goal to be qualifying for Team Universe in a few years, an NPC Natural (a little more relaxed) National level show.
Last edited by KFeld; 01-25-2012 at 10:33 AM.
Arms and delts looking swole.
What do you mean by a little more "relaxed" natural show?
Last edited by chevelle2291; 01-25-2012 at 01:25 PM.
Thanks brother, good to hear from you. Stopped by ur page earlier, some pretty sick strength you've got going on, will for sure be following along!
It means that they still urine test you and polygraph you, but anything over the counter is fair game. That includes prohormones and other things of that nature. Idk, different shows have different promoters with different ban lists. From what I know of it, a lot of people actually use steroids and just try to cleanse it out of their system and beat the tests. I won't, but a lot of people do.
Anyways, I'm moving back to Minnesota tomorrow after spending the last 7 months down in Texas training at Metroflex Austin with the freaks. I worked with a national level bodybuilder for that span (he will be competing in the Team Universe this July), and some of the size/strength I saw down here was unmatched by anything I've ever seen. It was really an eye opening experience seeing people throw around 4 plates on the bench, or my trainer -who is natural- squatting 500x10 and deadlifting 600x1. Any mental barrier I've ever had was completely shattered, and I learned that there are no shortcuts in this sport. A lot of people try to find little gimmicks to get around their diet or their training, but in the end just busting your ass day in and day out while staying consistent is the key to success. I'm extremely sad to be leaving Austin and this gym, but it was impossible to turn down the job promotion offered to me.
Here is a picture of me with my trainer here - needed a full arm pump to even compete lol:
And another:
And one of him at the show that qualified him for Team U, to show how truly freaky he is:
Last edited by KFeld; 01-25-2012 at 01:55 PM.
so you are on PHs now then?
I disagree with your choice to compete in a natural competition when using hormone-affecting products, regardless if you can beat their piss test or not Sure, Team Universe has always been iffy when it comes to steroid use, but it masquerades as a natural competition when it has not been for quite a few years now. You competing in such an event just helps to fuel the charade, even if you dont use anything on the banned substance list. My opinion.
There's nothing wrong with wanting to use some more powerful substances, but if you're going to compete when using PHs or any AAS, do open NPC. Many OTC PHs have been proven to be more powerful than dbol and the like, while being less safe than the real deal. If you're on now, I'd just pin instead.
No I'm not, not yet, and I'm not trying to beat any system. All that stuffs too confusing for me, trying to "beat" tests and stuff. Any competition I do, whatever I take will follow the guidelines for that competition. If you have any information about the ban lists of NPC Natural shows I'd love to hear it, cause I honestly can't find much. Anything I've read has always said anything OTC is OK, which is why I said it was a bit more of a "relaxed" natural show - because a lot of people don't consider that natural at all, and truthfully I don't either... but thats OK with me! I would LIKE to start taking PH's, and I know they're all over several other organizations natural ban lists - which is why I'm not planning on doing any OCB, IFPA, INBF, WNBF, or NANBF shows.
I wouldn't say Team U is masquerading to be anything anymore. Don't you win a legit pro-card if you take the overall? I think it's pretty common knowledge that several of those competitors run cycles leading up to the show. Sure, that means that I'll probably never be able to compete at that level, but thats OK with me. Bodybuilding is about being the best YOU can be, so I'm not here to cheat anybody, I'm just here to take care of me.
If it's not on the banned substance list and you take it--fair game. I just really have an issue with 'natural' shows that allow very powerful prohormones. VERY misleading to me--but that's not a problem with you, that's the organization. Hate the game and all that. Your initial post made it sound like you were going to try and run some shit before and beat the tests. Clearly that's not the case.
Trainers conditioning is very good. Sounds like Metroflex was a fun time. You have made some nice gains as well. Good luck.
Last edited by chevelle2291; 01-25-2012 at 09:46 PM.


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Roy Nelson set the UFC record for heavyweights for most strikes absorbed without being knocked out following his UFC 161 loss on Saturday night in Winnipeg.
"Roy Nelson broke a UFC record tonight: 437 significant strikes absorbed without being knocked out. It's a new UFC record," said UFC president Dana White during the event's post-fight press conference.
"(Frank) Mir and Joey Beltran have been hit more as heavyweights, but knocked out. Roy does not get knocked out," added White.
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Nelson was defeated by Stipe Miocic in the event's co-main event in a one-sided fight that saw Miocic land numerous strikes. His fights with Junior dos Santos, Fabricio Werdum, and and Mir also contributed significantly to the 437 total.
Known for his punching power, grappling ability and granite chin, Nelson's ability to take shots has become epic. His toughness can't be questioned, and now he has a record to prove it.
Be sure to Like MMAWeekly.com on Facebook and Follow @MMAWeeklycom on Twitter.
I didn't think Stipe was ready for Nelson. Congratulations!
Why would you think that? it seems like I was one of the very few that picked Stipe.
Roy is overrated and his nuthuggers are TUF noobs that started clinging onto his sacks after the Kimbo fight. Roy had a career before TUFs and it is sad that a man with 14+ fights had to go thru TUFs to get into the UFC.
Roy wasn't prepared???? WTF? He WAS prepared! When was the last time Roy beat someone in the top 10? Nada. He always beats no name 3rd rate fighters like Struve, Herman, and Kongo.
Roy vs DC? Laughing my ass off!!!
DC would just kill this slob.
Roy vs Hunt? Better match up but Hunt wouldn't have lost to Stipe the way Roy did.
So stop having unrealistic expectations from Roy. He is what he is. A human punching bag that gets paid to make other fighters look good.
Roy had fans well before TUF, you newbie. He was the IFL champ….but then again that was probably before you started watching MMA….and you likely only watch the UFC. Nelson would have been in the UFC with or without TUF. TUF was just the quickest route for him to get into the UFC and get a guaranteed multi-fight contract at the same time. Whether you like him or not, he is undoubtedly a top ten heavyweight.
Roy was a grappling champ until he realized he could knock his opponents unconscious with one punch. It was then he decided decided to change his style. He has a black belt in BJJ and had participated in many grappling tourneys. Roy's a good ole boy with a concrete jaw, who CAN end the fight with 1 punch and people just like to watch him, that's all. Root for the underdog if you will.
big country, you let me down. Now its A for sure thing, Big Country will sell out arenas but never get a title shot
he doesn't sell out sh*t.
Dude, I just don't understand how some people think Roy sells out arenas. I mean he has more popularity than his skills warrant. But no way does he sell out arenas.
Dude A sh*t load of ppl just saw ufc161 just for roy nelson. i know i did
The UFC is not a bar, Roy. You need to be prepared
I hope he comes back with a vengence
Hahahaha! Remember about a year ago he told people if he got 100,000 "likes" he's drop to 205? He HAD to be kidding! Being a tough, sob punching bag isn't going to work for him much longer. He's one of those guys I shake my head and wonder why he has such a strong following. Tough SOB, but a non factor when it comes to top matches. Who would want to fight him though? He can't be ko'd….YET! It happens to all of the best fighters eventually.
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Hey! I hope you enjoy reading my stories so far... Looking forward to updating them. Wattpad <3. :)
Average in hopes"Get the hell out of my room!" I shrieked in a low voice. Nate and the tramp sprang up and stared at me. The tramp was smiling cockily, wow she reminded me of Na... read more
Little Ms Hated."You don't even deserve a guy" Sarina is a bitch. Plain and simple. And she knows it. What will happen when she loses a never had Jace to sweet, well liked Chloe? Will she get over him? Will he ever stop hating her?
Love is hard, but its harder when it's with your best friend's boyfriend!His darkened stony eyes gazed into mine. Seeking. Searching for my deep dark secret. An emotion that I had sworn I would never give into. an emotion that caused my heart to shudder painfully.


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Teaching sometimes reveals interesting 'accidents'. In explaining the basic swing clean to a client, they interpreted what I was saying to be what I am currently referring to as the "snatch clean".
As far as I know, this particular style of cleaning a kettlebell did not exist until this last Sunday.
If you don't currently know how to clean a kettlebell, this video will be meaningless. However, if you have had trouble mastering it and keep slamming your forearms, this may help you get through that.
Check it out:


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Riley Blake, Hipsters, Blue in FAT QUARTERS, 7 Total
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OLYMPIA, Wash. (AP) - The Washington Fish and Wildlife Department expects more than 300,000 anglers to go fishing Saturday on opening day of the lowland lakes trout fishing season.
The opening of hundreds of lakes across the state is the biggest outdoor sport opener of the year.
The department has stocked lakes with three million hatchery-reared trout, averaging about a foot long.


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- International Programs
- Int'l Degree & Education Abroad
- Int'l Student Advising & Services
- Int'l Scholar & Faculty Services
Lund University
Lund, Sweden
minimum 3.0 GPA; currently enrolled student in the OSU College of Engineering
Lund University GE3 Information
For more information, contact OSU College of Engineering, International Programs.
Please refer to Lund University GE3 Information.
You can calculate your estimated cost of living by using the following currency converter.
Semester at Sea is a pioneer and leader in global, comparative education—a form of international study that focuses on surveying the world's peoples, patterns, cultures, and traditions. Global, comparative education is the element that distinguishes Semester at Sea from other study abroad programs. Operating a traveling shipboard campus allows diverse learning communities to live and learn in close quarters as they travel the world, and SAS provides opportunities for intensive engagement, reflection, interaction, and exchange that simply aren't available with other programs. Field-based, experiential learning is a vital component of Semester at Sea. The ship becomes a campus where participants study in a traditional setting, while the world is transformed into an academic laboratory where students earn 20% of their grade. Field Labs are designed and led by a faculty member who has expertise in a particular culture, location, or subject matter. These in-port labs enhance and explore course content. SAS directed trips are led by staff or faculty. May be recommended by a faculty member as an excellent complement to a student's syllabus. Independent Practica are opportunities for a participant to conduct independent research. Requires faculty approval to count as fulfillment of field requirement.
Click here for a presentation from an OSU Student who participated in this program.
Classes and residences are on board the MV Explorer, a 590-foot ship made into a floating campus. There are seven decks, student residences, dining halls, a library, recreational facilities, and more. Check out the Semester at Sea website for more information! There are voyages summer, fall, and spring with different routes around the world. The destinations vary slightly every year. While in port, students have the choice to stay in country or on the ship.
Minimum 2.75 GPA, Consistent full time student status where one full term has been completed, 300-500 word essay.
See the Semester at Sea Application Checklist for more information on application requirements.
Please see the Semester at Sea website for more information.
See the SAS video to learn more about the program.
Please see the Semester at Sea website for program cost details
$350 per term OSU Education Abroad Administration Fee
Program is a study tour through Finland, Denmark, and Sweden hosted by OSU College of Forestry faculty.
Class will travel throughout Finland (Helsinki, Rauma, Olkiluoto and Tampere) and Sweden (Stockholm, Uppsala, Falun) examining the housing industry from mulitple perspectives that address regional sustainability.
• Good academic standing, with a minimum GPA of 2.75
• Sophomore standing or above
• Maturity and ability to participate in a rigorous daily program
The fifteen-day study course will begin in Helsinki, Finland, and progress to Stockholm, Sweden, and Copenhagen, Denmark. From these cities, students will travel into forested and agricultural areas to encounter sustainable forests and forest management systems, wood production, and examples of renewable energy systems. Emphasis will be placed on sustainability throughout the time abroad; where possible, public transportation (buses, trains and ferries) will be used to reach the learning destinations.
Visit OUS website
The unique ATLANTIS partnership allows OSU students in Mechanical Engineering to have the opportunity to study abroad for a year at Lulea University (Lulea, Sweden) and Saarlandes University (Saarbrucken, Germany) while completing the Bachelors of Science degree in Mechanical Engineering at Oregon State and the Bachelors of Science in Materials Science at Saarlandes University in Germany.
Students spend one quarter at Lulea University in Sweden and an academic year at Saarlandes University in Saarbrucken, Germany.
Visit the ATLANTIS program page for program of study and curriculum details.
Students are on exchange at Lulea and Saarlands and recieve a stipend for their time abroad. For more information, visit the ATLANTIS program page.
Students take courses at the CIEE Study Center and through direct enrollment at Uppsala University.
Uppsala University is internationally recognized as one of the top universities in the world. It was the home of Linneaus and is connected to the Nobel prize. A true university town, Uppsala is Sweden's fourth largest city, located about 70 km north of Stockholm, and affords opportunities for rich campus life.
3.0 GPA, sophomore standing.
Students take a Swedish Language and Culture course with other CIEE participants and then direct-enroll in Uppsala Unversity courses taught in English. The courses are taught in blocks, allowing opportunities for field work, excursions, and lab experiences. For more information about the program's academic offerings, visit the CIEE Sweden homepage.
CIEE program fee + $350/term IDEA study abroad fee.
One of the oldest cities in Sweden, Lund boasts a population of 95,000 (36,000 are students). Called the City of Youth, Lund is southwest of Stockholm. The university is the largest in Scandinavia with 1,000 international students.
For details on requirements, application processes, and deadlines, please visit the College of Business exchange programs pages: http://business.oregonstate.edu/services/application-information
Visit the College of Business website
Contact the exchange program coordinators for more details


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European Daily website2012
- Johan Malmsten
- Christofer Berg
- Daniel Freund
Contributed by TypeTogether
Five Simple Steps: A Pocket Guide Series
- Nick Boulton
- Five Simple Steps
Contributed by Stephen Coles
Contribute to the Collection
Fonts in Use is a collaborative project. Create an account and submit your own work or other examples of typography.
The University of Chicago Spanish–English Dictionary, Sixth Edition2012
- Matt Avery
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Sundance 2010 Identity2010
- Florian Feiter
- Sebastian Berns
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Staff Pick
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Pancake day aka Shrove Tuesday is nearly upon us. Next week in fact. Our regular choice of pancake is the classic French style crepe. Thin, lightly crisp and brown around the edges and dusted, or in the case of the children, drenched in granulated sugar (for crunch) and fresh lemon. But this year, I may […]
American Style Banana Pancakes with Bacon
February 26, 2014 by 9 Comments
Banana Spelt Flour & Pecan Loaf
January 19, 2013 by 25 Comments
Banana Shake Pops
August 11, 2012 by 19 Comments


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The names ISTD, Josh Epstein-Richards ISTD.
Self-Publishing faculty option - in collaboration with James Heginbottom
Ding -> Dong #meanwhileshow #brighton #graphicdesign #2014
Cheeky sneak peak. #selfpublishing #graphicdesign a collaboration with @jamesheg
Hurrah! The Meanwhile tumblr is now up and running! Stay tuned for a selection of work from the Second Year Graphic Design and Illustration Students at the University of Brighton that will be exhibiting at the Hoxton Gallery on the 19th of May!
Come along people, it's gunna be a good ol' show!!
working away..honest!
I was lucky enough to do a 2 day placement at United State of Fans in Amsterdam last week. Here's a design I did for the game between Vitesse and Ajax.


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Golden Retriever - 2 (Granular Dan Remix) by granulardan
White Rainbow - Night Tracer (Granular Dan Night Trancer Remix) by granulardan
All up on Soundcloud now, so no more worrying about dead links. So far its just the Mad Men Season 4 mixes. Season 5 is almost here. Stuffs working behind the veil.


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- Running
- Cycling
- Triathlon
- Fitness
- Race Results
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About This Activity
This activity has been cancelled.
In this one-day seminar, students learn to save money to pay off bills and buy a house by shopping the ads and clipping coupons. Students also learn how to stockpile food and household supplies with or without coupons, as well the secrets of extreme couponing, and obtaining free items for their stockpile.Activity
Extreme Couponing #2231Price
Non-Resident Fee: $10.00 If Non-resident for Customer
Registration - Adult: $20.00 for Customer
ActivityMeeting dates
April 7, 2014
Monday from 10am to 11am
10am to 11amActivity Primary Category
Education / Tutoring - AdultRegistration dates
Standard registration opens: Dec 17, 2013
Internet registration opens: Dec 17, 2013
Cancelled as of Apr 7, 2014Ages
At least 16 but less than 99Gender
Realty Executives, 3610 Central Ave. Suite 400Instructor
Raquel ComstockSupervisor
Erica GreenSeason
Spring 2014Term
Organizer Info
City of Riverside - Parks, Recreation and Community Services Department
Map & Direction
Monday, April 7, 2014 @ 10:00 AM (PDT)
City of Riverside - PRCSD 6927 Magnolia Ave. Second Floor Riverside, CA 92506Get Directions


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Now this is one serious gumbo! Invite a crowd and don't forget to serve over cooked white rice. If you can't find chorizo, substitute a smoked sausage and add some smoked paprika.
Extra virgin olive oils, balsamic vinegars, and pastas, lots to choose from.
Catch Emeril as he travels throughout Florida. Thursdays at 9:30 AM ET


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NEW ORLEANS (AP) -- Country singer-songwriter Claude King, an original member of the Louisiana Hayride who was best known for the 1962 hit "Wolverton Mountain," has died. He was 90.
King had just celebrated his birthday and 67th wedding anniversary last month. The couple's eldest son, Duane King, said his father was found unresponsive in his bed early Thursday morning at his home in Shreveport.
King was one of the original members of the Louisiana Hayride, the Saturday night show where Elvis Presley got his start and Hank Williams Sr. frequently performed. The show transformed country and western music from 1948 to 1960 -- the Hayride's heyday -- with music genres including hillbilly, western swing, jazz, blues and gospel. Duane King recalls meeting Presley and Hank Williams Sr. backstage with his dad at the Hayride.
King's hit "Wolverton Mountain," co-written with Merle Kilgore, was about an Arkansas mountain man, Clifton Clowers, who guarded his daughter from suitors.
Bing: More on Claude King and the Louisiana Hayride
"It was a story song, with a sense of humor, and it was an instant hit," said Maggie Warwick, owner of the Louisiana Hayride trademark and the production company Louisiana Hayride Co. Warwick recalled King as "a legend in the Louisiana music industry, one of the greatest songwriters, and a wonderful friend."
Warwick, who also serves as chairwoman of the Louisiana Music Commission, said King and Tillman Franks were on the Hayride from the very beginning. She said King was known for his guitar-playing skills and knack for writing songs.
"He had a gift for melody and lyrics that was very definable," Warwick said. "The range and melody and the feeling that goes with his songs, when you hear it, it's very unique and identifiable with Claude King. He had a personal style that was all his own."
King's other hits included "Sheepskin Valley," "Building a Bridge," "Hey Lucille!," "Big River, Big Man," "I've Got the World by the Tail," "Catch a Little Raindrop," "All for the Love of a Girl" and "The Comancheros," which was inspired by the John Wayne movie of the same name.
King circulated with stars like Johnny Cash, Slim Whitman, Johnny Horton and Presley, who sent country music rocking from the Hayride stage. But Duane King says his father was never interested in being a big star.
"He could have been as big as anybody, but that's not what he was about," said Duane King, who is now 65.
He said his father loved performing in his home state and was a celebrity in Shreveport, where he was given a "Key to the City." A star-shaped plaque with his name, handprints and boot prints was placed on a downtown sidewalk as part of the city's Walk of Stars.
King was a devoted family man who enjoyed fishing and gardening, his son said.
Duane King said he and his father had planned to go fishing on Friday. Although his father had some health issues, he had recently been feeling well, even asking for an exercise bike for his birthday.
"It caught us by surprise, and we're going to miss him. He was such an easygoing, unpretentious person who didn't have anything bad to say about anybody. He was my best friend, and I wish I could be half the person he was."
Claude King served in the U.S. Navy, including in the Philippines during World War II, between 1942 and 1946.
He is survived by his wife, Barbara, and by three sons and six grandchildren.
Funeral arrangements are pending.
"Wolverton Mountain," YouTube: http://www.youtube.com/watch?v=vLoQS0GnhWk
This is not an ad I need help from people. Can I get , news coverage? My name is Daniel R. Waters and my award (250,000$ for uncontrollable seizures and Tardive dyskinesia) from Seroquel/Astra Zeneca law suit was stolen from me by my lawyer who represented me. I wrote the Texas Bar who said he's done nothing wrong by taking my money then I wrote to the Texas Gov. to complain of the Bar, and he never wrote back then I called the cops to file a crim. suit for theft over 10,000$ (Felony in Texas) but they said "it's civil, we can't help" that was a lie!. Then I called my lawyers ins. Co. and they said "We'll look into it", never heard from them. Then I asked the D.A. of Corpus Christy, TX. to help and all she said was you don't have enough evidence, even though I have a signed consent form, 2 years of Verizon phone bills, and emails of use talking about when I would get the award and two witness's and I don't have enough evidence? How is that? I know my story can actually help people with important things. Anyone who would like to help me can write to ().
Wow, an amazing person, what a wonderful impression on Country you have been. This world will miss you.
Change.Org please sign Petition to Overturn the Legalization of Horse :Slaughter for Human Consumption in the United States. and theres one for wild burro's Do it in Mr. King's memory if you wish-country is all about horses!


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Re: [Nikon D100 D200] High ISO's wmas1960 Mon Oct 16 00:15:04 2006
Another good set of points. Everything has it's place though. I have a 32" LCD HDTV set and there are certain things that I am in awe of when I watch them on the HDTV Channels. But then, there are some things that just don't look right unless they are high in contrast, black and white or grainy. Back when Turner started colorizing old movies, I was one that was apalled at the idea. I don't remember if they ever did it but, to colorize, or digitally enhance and improve Citizen Kane, for example, would be a sin. The whole cheracter of that film was it's lighting, the black and white and the film that was chosen to record it. Likewise, with still photography, I think films and digital are like tools in your tool box. There is a job that each one is better suited for. Like was mentioned, there are people spending a lot of money developing and buying software to mimic or duplicate some of those cheracteristics for Digital and for Video. Switches on camcorders to add a film grain effect or in digital cameras to add sepia toning etc. Software that will put scratches, dust and pops on your video to make it look like an old reel of film. Film Makers are doing all kinds of things to make their video look like old film stocks. Sometimes to put into a movie and have look like it was filmed back in the 40s or 60s... Using the color palattes of some of the older news reel films or the grain and so on. You can make use of the noise or grain of high ISOs for creative purposes. What is it that was said with the introducing of Video Toaster??? Something about breaking the paredigm (sp?) Break free and try things. As I said in an earlier post, it is all part of the balancing of all the tools and settings that you have to work with. To create the image or effect that suits your artistic vision. There are things that look good in the sanitized sharpness of HDTV. Some sports for example. A program that I saw on Discovery HD the other night about National Parks and railroads. It was fantastic. But, there is something about news photos that have some grain to them, Like those that were described shot on Tri-X and pushed to 800 etc. Or Black and White photos for documentry or journalism that add a mood and a feeling to what the viewer experiences. Just like with film/Video, the flicker of the different frame rate or the slightly "Pixilated" feel of the film vs. Video. Film being shot at 24 fps Progressive v. Video at 60 fps Interlaced. My Canon XL2 has a switch on it where I can shoot normally at 60i(interlaced), or use other settings like 30p (progressive) or 24p. I can shoot video that will look, when viewed, like that coming out of a Motion Picture Film camera, except for the grain. I have never tried it but I understand, using Final Cut Pro (APPLE) or other editing programs, I can then add the grain, scratches, dust, and pops to make video look like film. What a world.... --- In [EMAIL PROTECTED], [EMAIL PROTECTED] wrote: > > I think we are missing something here. Not every shot is the money shot, and > most if not all "film based" money shots were done when the photographer > pushed the limits. I am talking about photo journalism. They were not concerned > about grain/noise, they were more concerned with getting the image that > captures the moment. I have some old 8x10's that I shot in the New York City Subway > stations as a kid. Back then I was using an Argus C-3 camera, and Tri-X, > and shooting at a film speed of 800, and pushing the development time. The > grain added a realism to the images. > > Yesterday I got in a flyer from a company called Foto Search, in it is a > program/plug-in for Photoshop. The program is supposed to replicate the digital > image to represent what it would look like if it was shot on a myriad of > different films. > > I think we are making our images extremely sterile looking, by fighting this > noise issue. > > Maybe I have become too old, but I prefer a conventional TV to Digital HDTV, > and in reality I think everyone is thinking in HD, when we really don't see > things as clearly as what is presented via a digital environment. > > When I recovered the images that I shot in Omaha at the Studebaker > Nationals, I did not see a sky as a brilliant blue, or the cars and trucks as > brilliantly colored as the D-200 recorded them. > > Bill > > > [Non-text portions of this message have been removed] > Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/NikonD100_D200/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/NikonD100_D200/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
- Re: [Nikon D100 D200] High ISO's bondobill1 2006/10/12
- Re: [Nikon D100 D200] High ISO's Steven Schiff 2006/10/12
- Re: [Nikon D100 D200] High ISO's wmas1960 2006/10/16 <=
- Re: [Nikon D100 D200] High ISO's Joel Charak 2006/10/16
- Re: [Nikon D100 D200] High ISO's bondobill1 2006/10/13
- Re: [Nikon D100 D200] High ISO's mlent 2006/10/13
- [Nikon D100 D200] Re: High ISO's bertgf 2006/10/13
- Re: [Nikon D100 D200] High ISO's Terry Graham 2006/10/13


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Something Similar to this Australian Sofa?
Good Questions
Q: I am helping my parents to redecorate and we found this beautiful couch that is only available in Australia — the Brooklyn 3 Seat Sofa. Can anyone point me to somewhere in the US that sells it, or something similar?
Sent by Jen
Editor: Leave your suggestions for Jen in the comments — thanks!
• Got a question? Send us yours with pic attachments here (those with pics get answered first).
19 Comments
Not exactly the same look, but this is my sofa, which is getting delivered TODAY! :D
Wow, that IS beautiful. I was just at EQ3 yesterday and saw this sofa which is *similar* (and customizable):
EQ3 is Canadian (even made here) so maybe they'd ship to the US or are carried there.
Ikea: http://www.ikea.com/us/en/catalog/products/20103182/
Mary B C , that is a gorgeous couch! If they would make this one in leather I would buy it.
It looks like it is inspired by the Le Corbusier Grande Comfort Sofa. Note the simple use of pillows that provide the seat, the arm rests, and the back set on a simple frame. A link to the Grande Comfort chair below:
The Le Corbusier has an external frame which is what makes it particularly distinctive. I think it is closer to the Herman Miller Goetz sofa.
Room and Board has the Clark and Holden sofas as well which are similar:
Also, Room and Board has one very similar and you can get it in any fabric that they carry:
I got the Amsterdam Sofa from Weekends at Furniture Row.... it's so amazingly comfy
After reading this post and opening everyone else's links, I went on thefoundary.com to check out today's deals and spotted this beauty. (I'm not sure if that link will work if you don't have an account, so I googled the Calvin Sofa for the link above, it seems to be available through several sites).
@BSARIST, nice Herman Miller sofa. I'd say it is a hybrid of the two. Note that the arm rests on the Goetz sofa are nothing like the pillow arm rests on the sofa above.
I love the purity and modularity of the cushions on the sofa above. The frame, I find, is secondary to the concept.
This identical one was on Gilt last month, but still available here: http://edmondfurniture.net/products/Four-Hands/fhand/vmra02w512.html
Great catch @heelsonsbricks!
It's a variation of Illum Wikkelsø's sofa, which in turn, seems to have been influenced by Børge Mogensen's Fredericia sofa.
The Foundary currently has a sofa which resembles the one you want.
Target has one of these for $207, which is a great price if you're on a budget. I have one, it seems to be of great quality so far. Also, for the price, I won't feel too quilty eventually tossing it or getting a new one later down the line. Oh and it folds out too!
Brown Faux Leather Thompson Couch
The Foundary has something very similar today.
Crate and Barrel has a couple similar, but not exact. Depends on what you like the most about the original.
Anthropologie has something similar: http://www.anthropologie.com/anthro/product/home-new/24808503.jsp
Restoration Hardware's Sorensen line has a similar look:
I love all these options posted by others, but what concerns me from online reviews is whether the couches keep their shape over time or soon become lumpy. If anyone knows how any of these models holds up over time, I'd love to know. Thanks!
Wow, thanks so much for all the suggestions! We will check them out and post back with a decision :)