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Court of Appeals of Maryland
October 24, 2013
JOSEPH MOBUARYv.STATE OF MARYLAND
Harrell, Battaglia, Greene, Adkins, Bell [*] Eldridge, John C. (Retired, Specially Assigned), JJ.
We granted certiorari in this case to consider whether a circuit court commits reversible error when, based solely on secondhand information from an unidentified source indicating that an incarcerated defendant refused to be transported from the correctional facility, it dismisses the appeals of that defendant when he failed to appear in court and, subsequently, refuses to reinstate those appeals despite contradictory information, the source of which was the defendant, suggesting that the information on which the decision to dismiss the appeals relied was unreliable. We shall answer this question in the affirmative. Accordingly, we shall reverse the judgment of the Circuit Court for Baltimore City.
The petitioner, Joseph Mobuary, was convicted in the District Court of Maryland, sitting in Baltimore City, of second degree assault in two cases. Subsequently sentenced, in each case, to three years imprisonment, with all but time served suspended, and placed on probation, the petitioner appealed both convictions to the Circuit Court for Baltimore City. The petitioner, who was incarcerated at the Baltimore City Detention Center, was not transported to court on December 21, 2010, the date on which he was scheduled to appear for his appeals. Upon calling the petitioner's case, the prosecutor informed the judge that it was her "understanding, from speaking to the corrections officer, that Mr. Mobuary refused to be transported today, " and moved to dismiss the appeals. Counsel for the petitioner, an Assistant Public Defender, confirmed that report, telling the judge that he had received the same information from the correctional officer, but informed the court that otherwise he would prefer to remain silent. The trial judge dismissed the petitioner's appeals.
Soon thereafter, on the same day, the petitioner telephoned his defense counsel's supervisor from the detention center and told him that he had not refused to be transported to court, and that he was still intent on pursuing his appeals. Immediately upon receiving this information, defense counsel notified the trial judge and requested a continuance of the case until the following day. This request was denied.
On the following day, the petitioner's counsel filed, on behalf of the petitioner, a Motion to Reinstate Appeal. The motion, in pertinent part, advised the Circuit Court that,
"On December 21, 2010, Mr. Mobuary was not transported from the Baltimore City Detention Center. The Correctional Officer assigned to The Honorable Kendra Ausby's Courtroom was informed that Mr. Mobuary was not transported because he refused to come to Court.
"The Court relying on this information dismissed Mr. Mobuary's appeals . . .
"Around 1:00 p.m. on December 21, 2010, Mr. Kirk Osborn, Assistant Public Defender, received a telephone call from Mr. Mobuary from the Baltimore City Detention Center. Mr. Mobuary advised he did not refuse to come to court and was adamant that he wanted to pursue his appeals.
"Immediately after hearing this information, Defense Counsel notified the Honorable Judge Kendra Ausby's chambers of Mr. Mobuary's intentions and asked to have the cases continued until the next day December 22, 2010. The Court respectfully denied this request."
Additionally, prior to the issuance of the trial judge's decision on the Motion to Reinstate Appeal, the petitioner, in a handwritten letter, dated December 21, 2010, and received by the judge's chambers on January 3, 2011, provided his side of the issue:
"I, Joseph Mobuary respectfully ask that I be brought to court on the appeals that I put in for on cases 310273003 and 310273004. I was on the transport list to be transported to court on December 21st, 2010 and Central Booking did not transport me. I spoke to my fiancée who was in the courtroom today and she said my case was dismissed because the states [sic] attorney said that the C.O.s said I refused to be transported. I did not refuse to be transported. With all due respect your honor I am incarcerated and you do not have the freedom of choice in here. You do what you are told or they make you do it. I did not and would not have refused to come to court on the appeals. I asked for these appeals so I could clear my name. I do not understand why the public defender did not at least ask for a postponement to speak to me and find out why I was not transported there. I was waiting to be transported to court and I was not. If I could have taken myself there I would have been there. Please your honor put in another court date for my appeals so, I can come to court and clear up these matters."
The trial judge issued an order denying the Motion to Reinstate Appeal on January 31, 2011.
The petitioner then filed in this Court a petition for the issuance of a writ of certiorari. In the petition, the petitioner posed the following question:
"Did the circuit court commit reversible error in denying [Mr. Mobuary]'s motion to reinstate his de novo appeals from district court convictions, where (a) the court dismissed the appeals based merely on counsel's assertion that a correctional officer said [Mr. Mobuary] refused to be transported to court from the detention center, (b) defense counsel subsequently learned and informed the court that [Mr. Mobuary] denied refusing to come to court and wanted to proceed with his appeals, and (c) the court applied the wrong legal standard in ruling on [Mr. Mobuary]'s motion to reinstate his appeals?"
We granted the petition. Mobuary v. State, 420 Md. 81, 21 A.3d 1063 (2011). As indicated previously, we shall answer this question in the affirmative and hold that the Circuit Court erred in dismissing the petitioner's Motion to Reinstate Appeal.
The petitioner proffers three arguments in support of his position. One of his arguments challenges the propriety of the court's dismissal of his appeals and the other two relate to the correctness of the ruling to deny reinstatement of those appeals.
First, with regard to the dismissal of his appeals, he argues that the Circuit Court erred in relying on unreliable information as the basis for doing so. The source of the information, that the petitioner refused to be transported to court, conveyed by the prosecutor and confirmed by the petitioner's counsel, was an unidentified correctional officer. He relies on Stone v. State, 344 Md. 97, 106, 685 A.2d 441, 445 (1996), in which this Court applied the rules applicable to a defendant's right to be present at trial to a de novo trial appearance, and Grant v. State, 414 Md. 483, 486–87, 995 A.2d 975, 977 (2010), in which we disapproved of the use of information "wholly outside the trial court's record" as an appropriate basis for the exercise of discretion.
In her order denying the petitioner's motion to reinstate his appeals, the trial judge cited Maryland Rule 4-345[1] as the basis for the ruling. Noting that his motion did not invoke that Rule, which applies only to the court's revisory power over sentencing, the petitioner maintains that the trial court used the wrong standard to deny his motion.[2]Aware of the presumption that attends a judge's ruling, that he or she "knows the law and applies it properly, " Thornton v. State, 397 Md. 704, 736, 919 A.2d 678, 697 (2007), he emphasizes that the presumption is rebuttable, id., and that the trial judge clearly cited the wrong rule, one employing a different standard. Therefore, the petitioner argues that the judge's failure to apply the correct legal standard requires reversal. See Williams v. State, 173 Md.App. ...
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WINTER PARK, Fla. - Winter Park police are looking for a woman who's posing as a nurse and preying on the elderly at nursing homes in two counties.
Police said the woman, dressed in scrubs, snuck into the Winter Park Towers on Lakemont Avenue and stole a 92-year-old man's credit card, Social Security number and identification card.
It happened last month, but the woman is still on the run. Police released photos of the woman and the man she was with that were captured from surveillance cameras on Friday, hoping someone will recognize her
Police said the woman is not a medical worker.
WFTV talked to family members of residents at the Towers who said they are in disbelief.
"That's just wrong. That's a terrible thing to do to people they are so innocent, so kind, so trusting," said Karla Hoskins.
Police said the woman's central Florida spending spree included attempts to spend $4,000 at Target. She also racked up $600 at the Apple store.
"Some people just don't have a conscience I guess," said Claire Bartel. "For her to go so far as to put on scrubs, sneak her way in here, that's a shame."
Police said the woman has also done this at another assisted living facility in Seminole County. They said there could be many other victims.
Officials at the Winter Park Towers declined to comment Friday night.
Woman accused of stealing thousands from elderly nursing home residentsUpdated:Loading...of
WINTER PARK, Fla. - Winter Park police are looking for a woman who's posing as a nurse and preying on the elderly at nursing homes in two counties.
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subset: commoncrawl


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YouTube founders Chad Hurley and Steve Chen have launched a new video mixing service for iOS devices.
MixBit allows users to splice together up to an hour's worth of footage comprising the videos stored on their devices and clips from friends.
The software is now available to download through iTunes and a web-based version is due to go live today (August 8).
An Android version will be released in the coming weeks, according to The New York Times.
Hurley and Chen co-founded YouTube with fellow PayPal employee Jawed Karim in February 2005, selling the venture to Google in 2006.
MixBit is available for Apple devices as a free download or on computers via the web.


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by Rachel Davies
Mathematics is one of those school subjects, (perhaps it is the primary one of such subjects), that is always going to prove difficult, challenging and even controversial.
The number of times that parents will have to sit with their children and wade through mathematical problems set for homework is always likely to be considerable.
It is also quite likely that many children will encounter problems with mathematics as they proceed through school. It is so consistently a subject that children either get or they don't, and very often children struggle and become stressed out by the challenges that mathematics presents. This should set alarm bells ringing and make us want to do all that we can to alleviate this situation.
One way to potentially help alleviate and even remedy these problems with mathematics is to help children early on, in the early childhood years of education, to begin to cope with mathematics and all its concepts and ideas that can often seem abstract and obtuse to developing minds.
Pleasant and attractive names have been given to this process of introducing mathematics such as "My first steps in math" and "growing with mathematics". But the aim is clear enough despite these cozy and friendly descriptors; what early childhood educators are trying to do is gently introduce mathematics and so lay foundations for the future learning.
These programs have been established in appreciation of cognitive and social theories about what can and even should be done in first and early mathematics learning. The viewpoint is taken that children must be seen as active learners who can and will construct their own understandings of mathematics through interaction with both their peers and the learning environments that they are exposed to.
Key areas for early mathematical learning have, therefore, been identified through research and analysis of how best little children learn and begin to conceive of and cope with mathematical knowledge. These key areas are: Numbers and operations, algebra, geometry, measurement and data analysis and probability.
For those that are not particularly strong mathematically these identified areas might sound too advanced and challenging but when they are broken down they look less daunting. For example, numbers and operations is a key focal point for early years' mathematics. Little children are guided to learn to count accurately and with understanding of what they are doing. They begin to compare and put numbers in order through using concrete objects – counting them – and then moving on to symbols.
So for counting and numbers recognition little children will be counting and estimating the numbers of things that they can see or touch – whether concrete or pictorially. They will be comparing and ordering objects and beginning to recognize and write number symbols to represent their counting. They will be joining and breaking numbers up in the first steps of using numbers for calculation.
Algebra can be a tough part of mathematics but in early years learning children will benefit from beginning to develop algebraic thought through sorting and classifying objects and pictures; but also going on to identifying, describing, copying and creating patterns of actions, movements, sounds and objects.
Geometry is quite natural and a part of the early childhood years of experience. Little children are intuitively interested in the shape, size and general form of things and so geometric concepts and language can quite readily be incorporated into what they do as a part of their early years of education. Investigating the properties of solids and shapes and describing their attributes are those first geometric steps. Hearing and using the names given to those shapes is laying the foundations for future understanding of geometry.
Measurement too is a natural enough part of little children's early learning experiences. Objects get looked at and described and slowly it is realized that they can be described in terms of length, weight, size and even capacity. This can be as simple as using words like long and short but will move on to ordering objects based on their measurable and measured characteristics. More abstract measurement may occur too, such as looking at a calendar and understanding the delineation and measurement of time.
Data analysis and probability seems like it would be among the most concept laden and so too most difficult areas to address, but again what we are talking about here are simple introductions to ideas. So, again we are looking at little children learning to classify things that they see – such as "is it the same or different?" they will be thinking about the attributes of things such as shape, size and color.
But they will also progress from these simple classifications to analysis, so that they can begin to look at simple graphs and begin to think of probabilities. For example, they may be looking at pictorial graphs of "Who Is Taller?" or "Who Has More?" and they may start to do graphing and so data analysis such as observing the weather and keeping a weather chart.
All of these things, when we look at them and break them down into their constituent parts and activities are really quite basic and straightforward and can be quite easily integrated into the lives of little children and so too their learning. But they are important learning activities and they are those early and tentative steps to developing mathematical awareness and so potential comfort and success with mathematics later on.
Any and all early learning centers that are worthy of that title should have a thorough understanding of these early and basics steps into the world of mathematics. They should be able to foster and nurture a general awareness and skills in observation, and so classification and analysis, that will help these early learners overcome the all too common pains and problems associated with learning and really understanding mathematics.
The writer is an education consultant in Sydney, Australia.


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Next week, Dayton Elementary School will be holding a spirit week in order to raise funds for a former Dayton Bulldog who has recently been diagnosed with a very aggressive form of cancer. Each day will have a different theme, and students may make daily donations to take part, or may simply donate once during the week. Just remember, all donations will go to a wonderful cause.
Monday: Hat Day
Tuesday: Athletic Wear (Favorite Sports Team)
Wednesday: Bulldog Day
Thursday: Super Here Day
Friday: Pajama Day
Mr. Scott


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Occasionally I see a product promotion that strikes me as genius. And this was one of those times. In the local Cincinnati supermarket beer aisle there was a glaring hole of white shelving where beer cases should be. And in place of the beer were signs telling shoppers that a new product was coming soon. Just weeks away was the oldest brewery in America… Yuenling.
This beer has been popular with Ohioans and many others across the country but it has never been available for sale before. We always enjoyed it when we were in Pittsburg, Philadelphia and many other east coast cities but it could not be sold in the midwest. So on many of my four hour drives to Pittsburg I would bring home a case to use as gifts. I can remember an employee of mine years ago who had family in Philadelphia brought cases of it back to me as a gift along with a t-shirt from the factory. That's how special this beer was. And let's face it… it's good beer… but this is just beer. A bottle of refreshment you consume in about 20 minutes. And then it's gone (unless you have a case). Yet consumers loved the brand. Cherished the heritage as the oldest American brewery and spread the word of this brand to other beer lovers.
The folks at Yeunling (or their agency) are pretty smart. For years they used the marketing tactic of scarcity to drive demand. This exclusive product that had to be "black market" smuggled into neighboring states. They let their advocates and fans spread the word for them without the need for a national marketing budget.
And now they were using this low cost promotion to announce their wider distribution of their long sought after product. A blank grocery shelf with a sign reading "Yeunling Lager – Available October 31st". In two weeks I can get my hands on this widely lauded brand without having to drive eight hours round trip. I predict that after they load up these empty shelves with Yeunling they will soon have another empty spot in this aisle. The stock boy had better be ready with another pallet of product in the back room.
And all they've done is used a $5 sign to drive awareness and demand. It goes to show that in a time of a down economy there are creative ways to promote your product. Yes, they have it easy because they have an existing brand with demand. So perhaps they are just smart not to spend thousands of dollars on promotion and keep that marketing budget for other necessites like making more product! But even a new or less known brand can be creative and use low cost guerilla marketing methods to drive awareness. Consulting with an agency such as ourselves can open up the doors to many ways to promote online, digitally or using social media to let advocates tell your story for you.
So I raise a toast to you and your brand. May the coming year bring you more sales and profit. May your company be able to hire new employees and help turn this country's economy around and make us the economy of envy that we've lost over the past decades. Governments can not turn around a down economy, legislators can't do it. Businesses and consumers are the only force that can make that change. So put on your marketing thinking caps and create something that people want, need or desire.


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Its alright Its OK.
March 7, 2009, 10:13 am
Filed under: Ashley Tisdale, Disney stars
Filed under: Ashley Tisdale, Disney stars
The 23 year old actress & singer told Cosmopolitan about her upcoming album "Guilty Pleasure" "It's edgy. It's an album to rock out to. It's definitely sexier. I have a sexy side to me, but it's more of a fun sexy. Sure, I'm a nice girl, but there's also a part of me that wants to be rebellious." The Release date hasn't yet been released But as soon as it is it will be posted.


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Increase Your Memory By Using These Tips
It isn't necessarily as automatic to pull information from the brain as it is coming from a computer. Plenty of whatever we have discovered throughout the years is forgotten. Follow the excellent tips provided on this page if you wish to improve your memory.
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The idea that one could forget something crucial much like your anniversary or birthday seems funny until it takes place to you personally. Your loss of memory could possibly be just the beginning of a more serious problem. Try applying a number of the ideas mentioned previously and make an effort to hold on to your special memories.
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Family Law
Ask a Family Law Question, Get an Answer ASAP!
hi clare,
we have lived together for around 20 years, about 9 years in the present family home. The children are 10 and 12, both girls. The matrimonial home is worth about £140,000 and the outstanding mortgage is around £70,000. There are very little other assets and neither of us are working at this present time. I am at present claiming tax credit and job seekers allowance.
kind regards
They spend about 60% with me and 40% with her
Her partner owns that property. Three bedroom properties start at around £120000.
Just to clarify. Our mortgage outstanding is £70,000. We have immediate access to an extra £46,000 worth of borrowng against the property in the mortgage reserve account as part of the mortgage deal. So if we were to use all of this extra the total mortgage would be £116,000.
i hope this helps
thanks Derrick
H Clare,
Many thanks for your reply,
I do agree with you that i can settle the finances immediately but a solicitor i spoke with recently advised against it. I'm currently on the verge of starting my own business so things will be very tight for a while I'd imagine, so I don't have a mortgage capacity, but to be fair neither does she as she is unemployed.
The reason the solicitor said for not settling now was that when i come to try to remove her from the mortgage, say in 12 / 24 months time, she could ask for more money, as in , "give me £10,000 and i will remove my name". This is an obvious concern. If there is a legally binding way that i could protect myself from this happening then that would be useful. The solicitor advised that i make a best endeavours clause into the consent order which says i will do my best to release her within 24 months of the mortgage and if i cant then we will sell the house.
Please advise as I'm very keen to get divorced and rid of her, pay her off and keep both properties but give myself the 24 months to get financially sorted. I haven't gone to the mortgage lender yet as i don't want to alarm them but if something was decided wouldn't i need to tell them ?
Hi Clare,
Many thanks for your help.My situation has evolved a little so i need to ask for some more advice with the above situation. Please advise me if i need to pay again, thankyou
I put together 2 proposals at mediation which i will attach below here -
Proposal 1
The financial split is delayed until a time when I have a mortgage capacity or I'm in a position to buy Sarah out at an agreed amount/ percentage. This would be put into the 'Consent Order' as a 'Best endeavours clause' which would state something like "I will use my best endeavours to release S Braithwaite of all of her liabilities under the mortgage and in any event indemnify her from any liability under that mortgage. Failure after 24/36 months to release her from that mortgage will result in the properties being put up for sale." Or a trigger event like " the buyout would need to be completed if a, a new partner moves in after 6 months, or b, lucy reaches the age of 16/18"
This would give us a delayed financial split and allow us to get divorced if we both agree on the Consent Order.
Proposal 2
The financial split takes place as soon as possible by us both agreeing to pay Sarah her agreed share from the Mortgage reserve (loan) account. What I would like to happen is Sarah to agree to let me retain the rental property with zero equity and the family home by paying Sarah around £33,500 (half of the equity in the family home) as soon as possible from the account and her receiving this as the final settlement. This can be legally binding and put into the consent order to the divorce court to allow us to get divorced. I've had a chat to my solicitor about this and he says if we both agree then the court should accept it. Then it would include a Best endeavours clause from me "to release S Braithwaite of all of her liabilities under the mortgages and in any event indemnify her from any liability under the mortgages. Failure after 24/36 months to release her from that mortgage will result in the properties being put up for sale."
I'm aware that this still leaves Sarah's name on the mortgages until the buyout is complete but bear in mind that it will be legally binding in a consent order put to the court. Also, Sarah has no mortgage capacity so cannot get a new mortgage for a period of time anyway. Also, if like I've been advised that the court would not force the sale of the family home and would allow me time to gain a mortgage capacity then Sarah would still have her name on the mortgages regardless. The best endeavours clause would be there as I would ensure that I will do all I can to release Sarah from the mortgages within a set timeframe.
Unfortunately she is a difficult character and she not only refused both proposals but ended the mediation altogether and now our next step is court for both the financial split and the children. She never tried to negotiate or even tell me what she wanted, no counter proposal, nothing. Our children had a private mediation session and they gave their feelings, the outcome was that my estranged wife stopped their pocket money as she didn't like what they said!
So my question is - When this goes to court how do i best defend my position of staying in the family home with the children (ive been here a year now since she moved in with her new partner) as i get the impression she wants me out and for her to move back in.
Also, how do i convince the court that my children don't want further time with their mum (the split is about 60/40 with the 60 being me) and they really don't but my wife is accusing manipulation tactics and i feel this is why she now wants the family home and to move her new partner in.
Why she doesnt take the financial split offered i dont know, it all seems to be driven by anger rather than common sense. I want to go back to mediation to sort this out but i obviously cant make her and i want the court to know that she hasn't tried to negotiate at all. She is going down the path of 'mental abuse for the last 22 years' which is her reasoning for having an affair apparently, all rubbish i know but do the courts listen to this kind of thing ?
many thanks
Hi Clare
Thank you for your response.
You state that you would not advise her to accept either of these proposals. Can you make me understand why please?
This way would allow for her to get half of the equity in our house immediately with the compensation of me retaining the rental property also with zero equity. The alternative could be that she has to wait until a trigger event for me to sell the family home to release the equity which could be years away. The children wish to remain in the family home with myself (around 60% of the time).
My solicitor explained to me that if i could get her to agree this before court then the court would more that likely accept the agreement, however he believes that the court would not get involved in splitting money from a mortgage reserve fund themselves as its not a normal thing to do, instead opt for a delayed settlement.
Do you not agree with this ?


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Charles McCuin
Somewhere between an after-hours club where a group of friends had been and one of their homes, Lesean Robinson, Jr., was shot in the back of the head inside a car.
On Friday, the backseat passenger in that car, Charles McCuin, 21, of 4130 Isadore Lane entered Alford pleas to involuntary manslaughter with a firearms specification and tampering with evidence. He faces up to 17 years in prison when he is sentenced March 15 by Lucas County Common Pleas Judge Gene Zmuda.
In an Alford plea, a defendant does not admit to committing a crime, but acknowledges evidence is sufficient for a conviction. The court treats it as a guilty plea.
Mike Loisel, an assistant Lucas County prosecutor, told the court that McCuin was in a car with Mr. Robinson, 29, Xavier Tate, and Michael Fizer on June 10 when McCuin "produced a handgun and killed Mr. Robinson with a gunshot in the back of his head."
Mr. Loisel said that while McCuin claims the gun discharged accidentally, the evidence would have shown McCuin and Mr. Tate dumped Mr. Robinson's naked body in a north Toledo field and got rid of other evidence, including the victim's clothing and the gun.
A passerby found the victim's naked body, lying face down, in a field in the 2900 block of Buckeye Street.
Relatives of Mr. Robinson cried as the account of events was given.
Sitting in for Judge Zmuda, Judge Frederick McDonald asked Mr. Loisel whether the investigating officers and victim's family supported the plea agreement, which calls for the dismissal of the more serious charge of murder.
"They are not exactly thrilled but they understand the reason behind it, and there is no objection," he replied.
McCuin had been scheduled to go to trial Monday.
Defense attorney Ronnie Wingate said afterward that his client and the victim were friends. "It was very unfortunate," he said.
Charges of tampering with evidence are pending against Mr. Tate and Mr. Fizer. Mr. Tate also is charged with obstruction of justice.
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"Bliss on a hot summer's day. The cooking time includes the freezing time and is only a guesstimate. Please make this cake as close to serving time as possible: you will not want the cake layers to freeze too much, as it will make the cake cutting more difficult."
Lemon Ice Cream Cake
0 recipe photos
READY IN:5hrs
Ingredients Nutrition
- 1⁄2 gallon lemon sherbet or 1⁄2 gallon ice cream
- 1 white cake mix
- 3 egg whites
- 1 1⁄2 cups cold water
- 1⁄2-1 teaspoon lemon flavoring
- 12 ounces Cool Whip, thawed (1 tub)
- 1 drop yellow food coloring (optional)
- 1 lemon, zest of, cut in superfine strips
- Allow ice cream or sherbet soften slightly.
- Scoop into 9-inch pan line with saran wrap, smooth the surface, cover and freeze for 4 hours.
- Preheat oven to 350°F.
- Grease and flour bottom only of 2 9-inch pans.
- Blend cake mix with egg whites, water and lemon extract.
- Beat according to instructions on the box.
- Pour into the 2 pans, dividing evenly.
- Bake 30 minutes or until toothpick comes out clean: the top should "spring" back, when lightly touched in the center.
- Cool 10 minutes in pan, then invert onto wire rack.
- Cool completely.
- Trim tops of the 2 cakes even, also trim off all crust (sides and bottom) completely, to have white cake only (makes for a more elegant presentation).
- Remove ice-cream round from freezer and let sit for a few moments, to make the surface soft.
- Mix food color into Cool Whip at this time, if you choose to.
- Put 1 cake round on large plate, add the frozen ice-cream round and top with second cake layer.
- Push down lightly for the ice-cream to adhere better to the cake rounds.
- Cover the cake with Cool Whip, making swirls with a spatula.
- Sprinkle with lemon strips.
- Return to the freezer until ready to serve depending on the setting of your freezer.
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Preliminary inquiries: Let judges make the call
TheGlobeandMail.com – Opinion
David Butt is a Toronto-based criminal lawyer.
With the Supreme Court of Canada having recently imposed hard-cap deadlines on criminal cases, beyond which they must be thrown out, the debate now consuming legal circles is whether we should save time by getting rid of something called the preliminary inquiry. Predictably, those for and against preliminary inquiries are pitching their respective versions of how the sky will fall if they don't get their way. And, like so many debates in professional and personal life, this one is unproductively adversarial because it embraces the false dichotomy of absolutism: get rid of preliminary inquires altogether, or do nothing. The real issue, however, is neither abolition nor retention of the preliminary inquiry, but rather its intelligently constrained use.
Preliminary inquiries are creatures of the Victorian era. Evolved from the ancient system of grand juries, they were designed as a means of courtroom vetting of criminal allegations to ensure there existed enough evidence to put an accused person on trial. They also gave an accused person early disclosure of the case against them before a trial. There is no doubting the importance of these objectives. But we no longer need a preliminary inquiry to achieve them.
Police expertise and investigative best practices are light years beyond where they were in the 1800s, when preliminary inquiries began. Furthermore, Crown prosecutors across Canada routinely vet criminal charges, screening out the weak ones. And budget constraints on police and prosecutors help ensure that scarce resources are not squandered on hopeless cases. The result of these three developments is that preliminary inquiries have long since ceased to serve a meaningful screening role in any but the exceptional case.
Then, in 1991, the Supreme Court institutionalized the practice of what is called Crown disclosure: the accused person must promptly receive virtually the entire police investigative file, subject to few exceptions, such as the identity of confidential informants. So, every defence lawyer now routinely receives DVDs and downloads of everything even marginally relevant that was gathered by investigators. Thus the preliminary inquiry no longer serves a legitimate disclosure function.
Having outlived its initial purposes, does the preliminary inquiry retain any residual utility? Sometimes, yes. Some cases – typically more complex ones – can be resolved more quickly if the body of evidence, assembled in police-interview videos and documents, is mounted in real life on the stage that is the preliminary inquiry courtroom. There, with live witnesses interacting in real time with lawyers, both prosecution and defence can see how the case withstands courtroom scrutiny. These courtroom insights, harbingers of a trial to come, assist both sides in assessing whether to fight on, or negotiate a compromise plea bargain.
But if preliminary inquiries only sometimes help streamline justice processes, how do we separate the wheat from the chaff, and avoid those that are time-consuming exercises in redundancy? The answer is simple, but requires willingness to embrace change – not a lawyerly strong suit.
Right now, an accused person has a right to a preliminary inquiry in most serious cases. This right exists independently of the utility of the preliminary inquiry in any given case, which means it can become a right to squander limited justice resources. On the other hand, equally perversely, the prosecutor has the right in any case to unilaterally dispense with the preliminary inquiry, again regardless of its utility in that case. So we have, at present, a silly compromise – a defence right to waste court time, and a prosecutorial power to take away something useful.
The intelligent compromise is this: since they have limited residual utility, there should be no preliminary inquiries unless whoever wants one first convinces a judge it is necessary in the interests of justice, following which it cannot be taken away. Judges know best when their courtroom is used well or poorly. Given the chance, judges will manage courtroom time effectively. With intelligent use of preliminary inquiries as the touchstone, intransigent abolitionists and status quo preservationists alike can step off their soapboxes, dispense with their heated absolutist rhetoric and engage in the more productive efforts of demonstrating precisely what justice requires in each individual case.


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The Boston Pops on Tour
Boston Pops
Niswonger PAC
- Van Wert, OH
- View Map
The Niswonger Gala- Bernadette Peters and the Boston Pops Esplanade Orchestra
What better way to celebrate the Niswonger Performing Arts Center of Northwest Ohio's 10th Anniversary than with America's most beloved Pops Orchestra of all-time with one of our all-time favorite performers, Bernadette Peters! This optional black-tie event will be filled with excitement and surprises befitting a Gala event of this magnitude.
For tickets, or more information about this performance please visit npacvw.org


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Kharkiv - Useful Information
Kharkiv Travel Blog› entry 2 of 33 › view all entries
When is the Best Time to Come
Kharkiv is amazingly beautiful and in its way attractive in all seasons.
Winter is quite mild here, but it is still different from a European one - the temperature can be
Kharkiv is very pleasant in summer: there are beautiful parks, gardens, fountains, which bring out the unusual city architecture. It's sometimes hot, but in that case there many stands with soft drinks and
Since the city is situated on the northern and southern air masses confrontation line, unstable weather conditions are characteristic of it, for example, abrupt temperature changes. You should take that into account when going on a trip.
Ukrainian time is two hours ahead of Greenwich. From the end of March until the beginning of November the summer time is in action (the change is made on the last Sunday of March and November).
Safety Rules
Kharkiv is a relatively safe city but, naturally, as in any other city of the world, stealing and hooliganism acts occur. Most often such unpleasant things happen in overcrowded public transport and crowded places, for example, in the market places, and busy streets. To avoid such a situation:
- Do not carry on you any precious things and big sums of money in cash, do not show the contents of your wallet to people around;
- Do not keep all your money in one place; hide your wallet into the inner pocket or into a special belt bag.
Always have an identification on you (not obligatorily a passport - it can be any document with your photograph, identifying your person). It is advisable to have Xerox copies of your main documents at the place you live at (passport, driving license) - it will be easier to make new ones in case you lose them.
Emergency Situations
If you lose your documents, turn to the nearest militia station.
If you lose you're your credit card, phone your bank or a hot line number of the corresponding paying system. The card will be blocked and no one to be able to use it.
If you lose your things, you will most probably have to accept it - it's not easy to find a thing lost. But do not be upset: in case it happened in public transport, you can dial the corresponding phone number to clear the situation. If the thing lost has been insured, you won't do without militia, as the insurance company will first of all require a certificate confirming the loss.
If you need a WC, in the downtown you should look for blue plastics booths - these are pay bio WCs. There are pay WCs in the tunnel between Radianska and Istorytchnyi Muzey underground stations (open until 19:30), near the Annunciation Cathedral (open until 23:30). There are both pay and free WCs in supermarkets, in the marketplaces, Railway and Bus Stations, in parks. The fee is
Institutions, offices, enterprises, banks, shops (but for food stores) do not work on:
|New Year's Day
|Orthodox Christmas
|International Women's Day
|Labour Day
|Victory Day
|Constitution Day
|Independence Day
If the holiday falls on the weekend, than the next Monday is usually a day off. The dates to celebrate Easter and Trinity are set separately every year.
Emergency Phone Numbers
|In case of fire
|Rescue service
Useful Phone Numbers
|Weather forecast answering machine
|Accurate time answering machine
|Directory inquiries 714-00-61 - information on enterprises, goods, services
|City inquiry service for availability of medicines in drugstores
|Kharkiv regional consumer rights protection society counseling service
|Office for things lost in the underground
|Office for things lost in trams and trolleybuses
|Opening safes, armored doors, automobile locks
|Department of the Ministry of Internal Affairs in Kharkiv region
|Directory inquiry service for the search for missing people
|State Motor Inspection Office of Kharkiv city, Department of the Ministry of Internal Affairs of Ukraine in Kharkiv region
|Department for the Search of Cars that have illegally left the traffic accident sight
|Department of the Ministry of Internal Affairs of Ukraine in Pivdenna Railroad
|Line Militia Station at Kharkiv Passenger Railway Station


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|Too small
|Somewhat small
|Fits as expected
|Somewhat large
|Too large
Crocs Women's Really Sexi Flip Sandal Women Rubber Fashion Sandals
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- Product Warranty against manufacturing defects: 30 days
- Care Instructions: Allow your pair of shoes to air and de-odorize at regular basis; use shoe bags to prevent any stains or mildew; dust any dry dirt from the surface using a clean cloth; do not use polish or shiner
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A barely there sandal for all your spring and summer outings. So sleek, slim and lightweight, you may think you're barefoot until your first step on the comfortable footbed. Features : Our sleekest, slimmest sandals yet Thin, incredibly light translucent TPU straps Croslite material footbed for lightweight cushioning
Crocs, Inc. is a world leader in innovative casual footwear for men, women and children with more than $1 billion in annual revenue. The company offers several distinct shoe collections with more than 300 four-season footwear styles. All Crocs shoes feature Croslite material, a proprietary, revolutionary technology that gives each pair of shoes the soft, comfortable, lightweight, non-marking and odor-resistant qualities that Crocs wearers know and love. Crocs celebrates the fun of being a little different and encourages fans to "Find Your Fun" in every colorful pair of shoes, from the iconic clog to loafers, sneakers, sandals, boots and heels. Since its inception in 2002, Crocs has sold more than 200 million pairs of shoes in more than 90 countries around the world. Crocs started its India operations in the year 2007. In India, Crocs products are also available in more than 300 multi-brand outlets and 34 exclusive stores (including 1 kiosk and 2 factory outlets).
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Irish Jesuit beatified
May 15, 2017
An Irish Jesuit was beatified at the Church of St. Francis Xavier in Dublin on May 13.
Father John Sullivan (1861-1933) was son of Sir Edward Sullivan, 1st Baronet, the Lord Chancellor of Ireland. Father Sullivan grew up as an Anglican in Dublin, became a Catholic at 35, and was ordained a Jesuit priest at 46.
In his priestly life, he was known for his prayer and his ministry to the poor.
"Living in Ireland between the 19th and 20th centuries, he dedicated his life to the teaching and spiritual formation of young people, and he was greatly loved and sought after as a father of the poor and the suffering," Pope Francis said during his Regina Coeli address the following day. "We thank God for his testimony."
For all current news, visit our News home page.
Further information:
- Beatification of Fr John Sullivan SJ (Jesuits in Ireland)
- Regina Coeli Address: On the Holy Father's Pilgrimage to Fatima (Zenit)
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6 HoursEnglish
Nearest to Kuching, Satang comprises of two islands, Besar(Big) and Kecil(Small). Most diving activities are done at Satang Besar where coral reef fringed two third the island's edge and submerged boulders lays on the other. It is a playground from macro lovers.
08:30 Meet at Santubong jetty
09:00 Depart for Satang Island
10:00 Snorkel 1
11:00 Surface Interval
12:00 Snorkel 2
13:00 Depart Island
14:00 Arrive Santubong
*Please note that the price includes:
-2 Dives
-Drinking water
-Boat transfer
-Light Meal
-Weights and Belt
-Snorkeling Gear rental
City-Jetty/Jetty-City transport charges is 40 MYR/pax.


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Milestone Controlling: Milestone Trend Analysis
The old proverb that a picture says a thousands words is also true for milestone controlling. The milestone trend analysis (MTA), a both simple and at the same time powerful tool visualizes milestones in a date grid making it possible to spot delays, trends and even to make "visual" forecasts of future milestone dates.
My last blog post was already some time ago, so I decided that I had to write at least one more article in the "old" year ;-). In one of my previous posts I hinted at a tool called a "milestone trend analysis" which is actually very useful, but in fact not so well known - sometimes even among long-time project managers.
So, what is an MTA? An MTA displays the same data as a milestone table or list (as I described it a couple of months ago in my previous "Milestone Controlling" post), but visually in a rectangular date grid where the horizontal axis displays periodic controlling dates and the vertical axis displays the milestone dates at these controlling dates.
The horizontal controlling date axis goes from left to right, so the start of the project is to the very left. The vertical milestone date axis goes from bottom to top in order that a delay is resulting in "pushing" the milestone upwards. What is important for a proper milestone trend analysis chart is also that the scale of both axis is identical (then actually resulting in a quadratic grid) and that both axis start at the same date (typically, the project start date).
If you draw this grid on a piece of paper you will see that the lower right triangular area of the grid can (theoretically :-) only contain milestones that are already completed. If there is an open milestone in this area it means that you have an outdated project plan. As you can see in the example screenshot of Onepoint Project 8.1 below, this area is often visualized using a different background color.
You can read a lot of useful information from an MTA or MTA-like chart such as:
- What milestones have moved and by how many weeks?
- Have other milestones been affected by these delays?
- Does the "Project completed" milestone still hold?
- Is there a visual trend of the milestone's past movement?
- If the milestone showed this trend in the past what will likely happen next?
So, if this is such a powerful and easy to use tool why does not everyone use it? I don't know for sure, but I have an idea: if you need to periodically gather the milestone dates manually and write them into, e.g., an Excel spreadsheet this can be quite tedious and you will probably forget about it half of the time. (Well, at least I did... ;-).
What we did for Onepoint Project was we "borrowed" a concept from document management called "versioning" or "version control" and version controlled our project plans including the milestone dates. We also added a creation date for each version in order that we can now easily calculate "virtual" controlling dates by iterating the past versions of a project plan and, thus, automatically create a nice milestone trend analysis at any time :-).


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Free shipping in the USA (lower 48) when your order is over $89 (excluding gift certificates and sales tax, if applicable).
SATB Divisi, Organ This atypical introspective music for Easter reflects the relative silence experienced by the three Marys as the approach the empty tomb, and their increasing joy as the angels tell them of Jesus' rising. The beautifully told st. Here is a listing of related products.
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The nonconformist Chinese artist Ai Weiwei has blasted his government's removal of his 'Gangnam Style' parody video from the China-based website it had being hosted on.
The famous 'horse dance' from the Korean singer Psy's well-known video was filmed at the artist's studio in Beijing, and was later posted on a number of video hosting sites authorised by the Chinese government, from which it was promptly removed by the country's governing body. The parody video, called 'Caonima', is a reference to state control of the web and the title itself, meaning grass, mud, horse, is an insult that has been adopted by the online community in the country to describe the government's online presence.
The artist told Reuters: "After we had uploaded it, a few hours later ... we found that a lot of people, tens of thousands, had already watched it. Now, in China, it has already been totally removed, deleted entirely, and you can't see it in China."
Ai, whose 84-day arrest last year caused international outcry, went on to say that Psy's 'Gangnam Style' song and dance should not be censored by the state for it is a show of expression and individualism. Ai himself has long been critical of, what he refers to as, his country's violation of citizen's rights.
Corgan took to Instagram to confirm rumours of new Pumpkins material, saying the first songs could arrive as early as May.


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Another common assumption is that anyone who holds a position of authority must be a leader, and that people who lack such positions are not leaders. Like the assumption above, this is easily dismissed once people consider individuals whom they consider leaders but have never occupied formal positions of authority and, conversely, people who hold positions of authority yet who have never exercised leadership.
A third assumption which is more difficult to put to rest is the view that leadership is carried out by a person, "the Leader", who possesses a particular skill set. Included among the skills thought of as constituting leadership are charisma, courage, decisiveness, ability to delegate, time management, and so on. It is not surprising that people often hold this view. Many cultural myths and messages promote a view of leadership based on the hero, the knight in shining armor. The leader/hero has courage, skill, conviction, clarity and he (almost always he) holds the responsibility for rescuing the rest of us from whatever threat we face.
This assumption can have serious consequences, especially for individuals who do not commonly consider themselves leaders but who may actually have much to offer. It is hoped that this essay can serve to en-courage (to give courage to) ordinary people who may have the foundations of leadership but never step forward, and also to offer strategies for those who wish to promote leadership in such persons.
One consequence of the heroic view of leadership is that we become reticent to "step up to the plate" and assume leadership roles because we have bought into an exaggerated and single-dimensional idea of what a leader is like. We think, "I can't be a leader because I'm deathly afraid of public speaking." Or, "How can I exercise leadership when I don't have the: (pick one) college degree, title, solution to the problem, right image?" While we are bogged down in insecurity and self-consciousness around these questions, pressing issues go unaddressed. We waste time and valuable energy waiting for someone with more readily apparent qualifications—a hero—to appear and organize us all.
Another way of looking at this is captured in a quote attributed to Jerry Garcia: "Somebody has to do something and it's incredibly pathetic that it has to be us." We don't have to have all the skills, all the answers. We don't have to have it figured out better than anyone else. We do need to see something that needs attention and be motivated enough to organize a response.
It is this rather accessible way to view leadership that can open up possibilities for a whole array of people to take initiative. I certainly don't hold the view that "everyone is a leader" or even a potential leader, nor do I believe there is any guarantee that such people will put their leadership efforts toward constructive ends. However, I do worry that many constructive acts of leadership are never initiated because of the hero notion of leadership.
So, is there another way of viewing leadership? I find it helpful to emphasize that leadership is an activity, rather than to focus on the leader as a person. In addition, it is useful to stress that personal skills or attributes are but one element of leadership and they are not even the most essential element. In fact, there appear to be at least six elements of leadership.
The first element is the situation or need calling for leadership. Leadership can be exercised in a small arena, such as in a family or on behalf of an individual. It can also be exercised in a community, a state, or an entire country. While the context will affect the complexity of the issues being addressed, the work of leadership remains the same despite the arena in which it is being exercised.
The second element is the motivation or will to exercise leadership from the parties in question. Many pressing issues go unaddressed because there is no person or group who feels sufficiently motivated to exercise leadership on that issue. In fact, this may be the single most important prerequisite for the exercise of leadership. With motivation, people will gain the skills, find the resources, acquire the tools. Without motivation, no leadership will be exercised even if people at hand have all the requisite personal qualities.
Third, constituents: the people being mobilized. Rost talks about leadership consisting of the relationship between leader and followers, and points out that the role of leader is fluid over time and across groups. In other words, one might be the identified leader for a period of time or for a particular initiative, then take on the role of follower or constituent. Similarly, one person can simultaneously play the role of leader and follower in various groups at the same time. However, it is my view that there must be intent and effort to mobilize constituents in order for an activity to be defined as leadership. This sets leadership apart from other actions which may be similar, such as advocacy or role modeling.
The fourth element is character or integrity. This element of leadership is particularly important for the exercise of leadership without threat or coercion. If one is to have willing constituents, there needs to be a relationship of trust. One aspect of trust is the sense that the person or persons exercising leadership are acting with integrity or good character.
The fifth element consists of those personal attributes or skills mentioned earlier: Charisma, decisiveness, courage, and so on. These qualities can be innate or acquired but the important point is that they are but one element of leadership and not the most essential.
Finally, there are other tools or resources for use in exercising leadership. These include such things as power, allies, money, access to experts, formal position, and so on. Like personal attributes or skills, these are not prerequisites for the exercise of leadership, they are merely tools which can be utilized by those who are motivated.
So…how do you prepare yourself when you see a situation that calls for leadership but feel reluctant to step forward? How can you be "en-couraged"? Here are some beginning ideas:
First, sharpen up your motivation. Why do people who've had a difficult situation thrust on them assume leadership roles? For many, it's out of necessity, not because they ever aspired to such roles. Action occurs when motivation is stronger than resistance or reticence.
Second, carefully examine the leadership that is occurring around you, especially acts of leadership that don't fall into the "leader as hero" mold. Do you see any perfect leaders? Probably not. Do you see people who have somehow managed to organize the elements of leadership in such a way as to make progress? That's much more likely.
Third, inventory the resources you have and the ones you need. So maybe you aren't the most charismatic speaker, but you have a colleague who is. Can you work together to communicate the message? Perhaps you lack a formal position or "connections." Who can you recruit that has those elements? Once one has the motivation the rest can be organized.
Fourth, try not to let your ego get in the way. This is that little voice that's saying, "I have to do it all myself. I have to know all the answers. I'm not a leader unless I can see the problem AND the solution." The biggest obstacle to those first few steps of leadership is believing these messages.
Finally, remember that leadership often begins with an uneasiness, a vague, unarticulated sense that things are not quite right but no idea what would be right or how to bring it about. As Ron Heifetz writes, "One may lead perhaps with no more than a question in hand."
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Local Hollywood
Ben Goldsmith
Publisher:University of Queensland Press
Hollywood films and television programs are watched all over the world. While many of these productions are still made in southern California, the last 20 years have seen many productions made elsewhere in the US, in Canada and in locations around the world. New production centres have emerged and older centres have been retooled and revitalised by migrating Hollywood production. The 'Global Hollywood' has been made possible by a growing number of local Hollywoods - locations equipped with the requisite facilities, resources and labour, as well as the political will and tax systems to attract and host high-budget, Hollywood-standard projects. Using the Gold Coast as a case study, this book shows how a combination of circumstances created our own outpost of Hollywood in Australia. Forces in the US pushed Hollywood studios and producers to work outside California, while a unique situation in Queensland provided an attractive alternative home for Hollywood productions with government tax support, an entrepreneurial business philosophy and a diverse natural environment.Local Hollywood makes a much-needed contribution to the field of film and media studies, as well as being a fascinating insight for all film buffs.
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Alternate Titles: Kiki, el amor se hace
Through five stories, the movie addresses sex and love: Paco and Ana are a married couple looking to reactivate the passion of their -long time unsatisfied- sexual relations; Jose Luis tries to recover the affections of his wife Paloma, who is confined on a wheelchair after an accident which has limited her mobility; Mª Candelaria and Antonio are a married couple trying by all means to be parents, but she has trouble to get an orgasm when making love with him; Álex try to satisfy Natalia's fantasies, while she starts to doubt if he will finally ask her in marriage; and finally, Sandra is a single woman in a permanent searching for a man to fall in love. All of them love, fear, live and explore their diverse sexual paraphilias and the different sides of sexuality, trying to find the road to happiness.
Director: Paco León
Writers: Josh Lawson (based on a film by), Paco León (screenplay) | 1 more credit »
Stars: Natalia de Molina, Álex García, Jacobo Sánchez
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Download Julieta 2016
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Today was my last ride in Greeley probably for sometime. I set out on my favorite route to Windsor on O street, Windsor wall and added on some miles along the way for a 40 mile ride. I realized as I was coming up to Rt 34 business, what I am really gonna miss.Sure some rolling hills, country-ish setting, a quick drive to the base of the rockies, but there are odd things while riding that I just get so excited!! I realized I am gonna miss the pairie dogs <3 . Yep. I seriously gonna miss 'em. Check out those cute faces?! They just make me smile when I am in pain.
Well theres my completely random rant for week. Now back to attempting to study..


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An IOS Developer designs and builds advanced applications for the IOS platform and has a solid understanding of the full mobile development life-cycle. They are proficient with either Objective-C or Swift - the two programming languages of the IOS platform. IOS Developers are also responsible for implementing new technologies to maximize application performance.
An IOS Developer is responsible for inputs on the design, development and maintenance of IOS applications. They achieve the realization of products by collaborating with other engineers and developers. Furthermore, IOS Developers ensure the performance, quality, and responsiveness of applications.
In hiring an IOS Developer, it's best to first assess their educational background. Having a degree related to the field is a big plus. With it, you can rest assure that the Developer can perform competently since owning a degree equals a well-rounded knowledge of IOS design principles. They should be able to communicate well and be a team player since they will be interacting with other engineers, developers and even managers. Hiring an IOS Developer through an outsourcing company is the faster and more convenient way of getting the right man for the job. You'll never have to worry that the tasks won't be fulfilled because their pool of talents are not only highly-skilled but dedicated as well.
The cost of an IOS Developer lies on their educational background, skill and proven track record. A degree is an invaluable piece, add this to skills relative to the job such as familiarity with both Objective-C and Swift, innovative and a team player, and lastly with a track record of projects completed on time equates to the perfect IOS Developer. You can expect a good starting rate for this type of IOS Developer.


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Anyone who has digestive issues knows how difficult it can be to treat this type of condition. While there are many medications both prescription and over the counter to deal with this type of issue, they are often harsh and can make a person feel worse than they did before taking the medication. In addition, many times these drugs only take care of the current issue and do not help in preventing further problems. Because of these issues, many people are turning to organic remedies.
One of the most common ways this is done is by using herbal tea organic. Teas can be made using natural ingredients such as raw dandelion root, hibiscus and cinnamon to help in overcoming this type of problem. By drinking the tea on a regular basis, a person will be able to help their body deal with the issues causing discomfort and pain.
Very often in addition to digestion issues, a person will also have issues with their kidneys and liver. By using this tea to detox these systems in the body, toxins can be removed from the body. This will allow the body to absorb more nutrients and the other important elements it needs.
This type of tea is also good for helping to regulate blood pressure and blood sugar as well. This can be a great help for people with digestive issues since these systems work together. By improving how these additional systems function, digestion issues can be dealt with more successfully.
Using organic teas to treat ailments is also beneficial because they often have nutrients, minerals and vitamins the body needs. This is much different from medications. Most medications are not formulated to help improve these levels in the body. Instead, they often will deplete these resources in the body and additional medications may be needed to replace them. Since many people are striving to limit the amount of chemicals and medications they have their body, this can have a negative effect.
For many people using herbal teas can be a great way to deal with many common medical issues. While teas can be of great use, it is still important to consult with a physician before deciding to rely on this type of regimen to correct a medical condition.