text:
Scrubbing is the kind of hurt we endure because we think it's good for us. But with the right ingredients, there shouldn't be any pain -- just gain. Chosen wisely and used properly, scrubs do wonders for dry, scaly, dehydrated skin. "Scrubbing whisks dead, dull cells and dirt away, leading to a brighter, more radiant complexion. It also improves skin's absorption of other products so that they produce more noticeable results," says Scottsdale, Arizona-based holistic dermatologist Jeannette Jacknin, M.D., author of the book "Smart Medicine for Your Skin."
But all scrubs aren't created equal. Many harbor artificial colors, perfumes, and unappetizing chemicals. (Do you really want isopropyl myristate and amino methylpropanol, two potential irritants found in some body scrubs, on your skin?) Luckily, plenty of natural formulas containing almonds, sugar, and even rice work just as well. With the help of three experts -- New York City spa owner and author Susan Ciminelli, dermatologist Ranella Hirsch of Cambridge, Massachusetts, and Jacknin -- we've created the following guide to choosing and using a healthy scrub.
For Your Face
Look For
+ Gentle exfoliants like fine sugar, jojoba beads, rice bran, or almond meal
+ Oats and honey to calm stressed skin
+ Crushed grape seeds to deliver antioxidants to oily, acne-prone skin
+ Super-rough ingredients like coarse sea salt, ground apricot pits, and walnut shells, which are harsh on facial skin
"Many scrubs contain essential oils, each with a different purpose and scent," says Jacknin. Geranium, for instance, is ideal for tightening and toning, whereas chamomile calms sensitive skin, sage fights breakouts, and lemon energizes. "If your scrub contains essential oils," Jacknin adds, "leave it on for five minutes so it can penetrate your skin." If your complexion falls into the uber-delicate or acne-prone categories, or if you have a sunburn, use all scrubs with caution: In these cases, scrubbing can actually spread breakouts or aggravate already sensitive skin. Start with gentle pressure, avoid scrubbing if you feel discomfort, and exfoliate just once a week.
+ Aveda Tourmaline Charged Exfoliating Cleanser, $28, aveda.com
+ Ole Henriksen New Beginning Scrub, $24, sephora.com
+ Kimberly Sayer All-in-One Invigorating Lemon Scrub, $25, kimberlysayer.com
For Your Body
Look For
+ Larger exfoliating granules, such as coarse sea salt and raw sugar, crushed nuts, coffee grounds, bamboo powder, and corncob powder
+ Using scrubs on sensitive, irritated, or freshly shaven skin
Jacknin recommends scooping up about two tablespoons of scrub and rubbing in circles, working your way up from feet to heart. "Cleanse your body as usual before scrubbing," she says, "but hold off on shaving until another time, as some scrubs aggravate just-shaved skin." Heavily perfumed products can also irritate (and leave you gagging in the shower). Look for exfoliants with essential oils of lavender, mint, citrus, or basil, which refresh without overwhelming.
+ Naturopathica Bamboo Lemongrass Body Scrub, $42, naturopathica.com
+ Caudalie Merlot Friction Scrub, $35, caudalie-usa.com
+ Origins Modern Friction for the Body, $38, origins.com
For Tough Spots
Look For
+ Rough ingredients, such as ground walnut shells, fruit pits, crushed nuts, or very coarse salt or sugar
+ Thick, pastelike scrubs, which stick better on elbows, feet, and knees
+ Very oily or creamy formulations, as they tend to slide off easily
+ Fine grains like sugar or jojoba beads, which aren't coarse enough for the job
Try lingering in the bath or shower to soften your skin before attacking tough spots with salt or sugar scrubs. Use a loofah or pumice stone to rub the product onto your body. Though two tablespoons of scrub does the job for your less-hardened body parts, there's no need to be stingy with cracked, leathery spots. "Don't hesitate to use more of your favorite scrub on particularly dry skin on your heels and elbows," says Jacknin. She also adds that these chronically scaly spots provide the only exception to the once-a-week rule. Go ahead and "scrub two to three times a week on these rough areas," she advises.
+ La Fleur Organique Lavender & Almond Exfoliating Scrub, $22, walgreens.com
+ The Body Shop Cocoa Butter Body Scrub, $17, thebodyshop.com
+ L'Occitane Shea Butter Exfoliating Foot Scrub, $26, sephora.com


text:
You cannot begin to imagine how disappointed I was to see former Baltimore Mayor Sheila Dixon not only included in The Sun Magazine special edition "50 Women to Watch," but listed as number eight! Perhaps you might have included her as No. 51 with the caveat that she is a "woman to watch (out for)" following her 2009 conviction of embezzlement for stealing gift cards intended for poor residents!
"A misdemeanor conviction" — really! And, following her conviction she barely avoided prosecution in 2012 on charges of probation violation. This is exemplifies the depths to which our moral compass has descended. This behavior should not be lauded and frankly diminishes the honor that should accompany this recognition for the other 49 women included in this list.
Many dedicated women in the medical, educational, business and political community were overlooked for Baltimore's ex-mayor who had to resign in disgrace.
Shame on you!
Joan S. Stephens, Owings Mills

subset: commoncrawl


text:
Complaint Investigative Process
Every complaint of misconduct will be supervised by the NYSP Professional Standards Bureau.
Upon receipt of a complaint, the PSB will assign the case for investigation. Generally, complaints of a routine nature will be assigned to the employee's supervisor or commander. More serious or complex matters will be investigated by the Regional PSB Offices.
Investigators will:
- Attempt to contact the complainant, the accused employee and witnesses;
- Examine physical evidence;
- Review reports and records, and
- Thoroughly document the facts surrounding the incident and allegation.
The investigator's report will be submitted to the PSB where it will be reviewed for completeness and objectivity, then it will be forwarded to the superintendent.
Disposition of the Investigation
The NYSP uses the following terminology when resolving complaints:
- Founded: The facts substantiate the specific allegation(s) made or other misconduct.
- Unsubstantiated: Insufficient facts exist to either prove or disprove the allegation(s) made.
- Unfounded: The facts substantiate the allegation(s) made are false.
Disciplinary Action
If the investigation indicates an employee has committed an offense, under the NYSP Rules and Regulations, disciplinary action will be taken commensurate with the severity of the offense (mitigating circumstances may be considered).
After final disposition is reached by management, appropriate action will be taken. Disciplinary action may involve loss of vacation days, remedial training, suspension, or termination.
The disposition of the complaint is a confidential, personnel matter and is not released to the complainant pursuant to section 50-A of NYS Civil Rights Law.


text:
Xrestop uses the X-Resource extension to provide 'top' like statistics of each connected X11 client's server side resource usage. It is intended as a developer tool to aid more efficient server resource usage and debug server side leakage.
It should work with any server supporting the X-Resource extension, including the Xorg server and XFree86 4.3+. "
xdpyinfo | grep Resource" should tell you if your server supports this extension.
[[!img xrestop.png]
The XRes extension in XFree86 and older Xorg releases under estimates total pixmap memory used nor does it report win background pixmap usage. However it is still very useful for detecting server side leaks. See https://bugs.freedesktop.org/show_bug.cgi?id=2029 for more info and a patch that improves things a little.
xrestop was written by Matthew Allum.
- xrestop-0.1.tar.gz: Initial release
- xrestop-0.2.tar.gz: Adds missing man page, spec file
- xrestop-0.3.tar.gz: Tweaks for Solaris. Man page improvements.
- xrestop-0.4.tar.gz: Quit (q) key support, PID detect bug fixes + other minor tweaks
git Source Repos
- http://cgit.freedesktop.org/xorg/app/xrestop cgit web browsing
- git://anongit.freedesktop.org/xorg/app/xrestop anonymous git cloning
- http://anongit.freedesktop.org/git/xorg/app/xrestop.git anonymous git cloning via http


text:
Joint Procedure Committee
September 23-24, 1999
Rule 3, N.D.R.Civ.P. - Commencement of Action 3
Ex Parte Request for Funding by an Indigent Defendant 3
Rule 502, N.D.R.Ev. - Lawyer-Client Privilege 6
1998 Amendments to the Federal Rules of Appellate Procedure 8
Rule 1, N.D.R.App.P. - Scope of Rules 8
Rule 2, N.D.R.App.P. - Suspension of Rules 9
Rule 2.1, N.D.R.App.P. - Mental Health Appeals Under Chapter 25-03.1, N.D.C.C 9
Rule 3, N.D.R.App.P. - Appeal as of Right--How Taken 10
Rule 4, N.D.R.App.P. - Appeal--When Taken 11
Venue in Criminal Cases 13
Venue in Civil Cases 16
Rule 7, N.D.R.App.P. - Bond for Costs on Appeal in Civil Cases 17
Rule 8, N.D.R.App.P. - Stay or Injunction Pending Appeal 18
Rule 9, N.D.R.App.P. - Release in Criminal Cases 18
Rule 46, N.D.R.Crim.P. - Release From Custody 19
Rule 10, N.D.R.App.P. - The Record on Appeal 19
Rule 6, N.D.R.Civ.P. - Time 21
The meeting was called to order at approximately 1:15 p.m., September 23, 1999, by Justice Dale V. Sandstrom, Chair.
Justice Dale V. Sandstrom
Honorable Donovan Foughty
Honorable M. Richard Geiger
Honorable Gail Hagerty (9/24/99 only)
Honorable Ronald L. Hilden
Honorable Maurice R. Hunke
Honorable Lawrence A. Leclerc
Honorable David W. Nelson
Honorable Kirk Smith
Mr. Michael R. Hoffman
Mr. John C. Kapsner
Professor Larry Kraft
Mr. Daniel S. Kuntz
Mr. Ronald H. McLean (9/24/99 only)
Ms. Patricia R. Monson
Ms. Sherry Mills Moore
Ms. Cathy Howe Schmitz
Honorable Mikal Simonson
Mr. Lynn Boughey
Mr. James T. Odegard
Mr. Gerhard Raedeke
The Committee was informed meetings are scheduled for; January 27-28, 2000; April 27-28, 2000; and September 28-29, 2000.
Ms. Schmitz MOVED to approve the minutes as submitted. Judge Leclerc seconded. The motion CARRIED.
RULE 3, N.D.R.Civ.P. - COMMENCEMENT OF ACTION (PAGES 20-65 OF THE AGENDA MATERIAL)
The Committee considered a request from Judge Christofferson to amend N.D.R.Civ.P. 3 to provide for commencement by filing a complaint instead of by service of a summons. Previously, at its April and September 1994 meeting, the Committee considered whether commencement should be by filing instead of service. At that time, the Committee received numerous letters in opposition to commencement by filing. The North Dakota Trial's Association and North Dakota Defense Lawyer's Association also opposed commencement by filing.
The Committee reviewed the reasons for preserving commencement by service which were given the last time the issue was considered. The Committee also reviewed amendments it had made in the interim providing for more judicial control of actions.
On page 25, for the purposes of discussion, Judge Smith MOVED to adopt the proposed amendment to Rule 3 providing for commencement by filing. Judge Leclerc seconded.
Judge members of the Committee spoke in favor of commencement by filing. They argued attorneys should be more accountable for their use of the court's name. They are using the court's name outside the awareness and management of the court. Judge members stated, abuses also occur in collection cases. The Committee concluded, it is futile to try and change Rule 3 because there is too much opposition from the bar.
The motion FAILED by a vote of 4 to 10.
The Committee considered Justice Kapsner's request for review of the procedures for an indigent defendant to request funds for an adequate defense. Specifically, the Committee considered whether an indigent defendant should be allowed to request funds ex parte.
The Committee reviewed case law indicating an indigent defendant may be constitutionally entitled to request funds ex parte for expert or investigative assistance. The Committee also noted, without a rule amendment, a judge may violate N.D. Code Jud.
Conduct Canon 3(B)(7) which prohibits ex parte communications except as authorized by law.
Some judge members indicated they are doing indigent defense applications for funding ex parte, but are uncomfortable with the potential ethical ramifications. Committee members stated, defendants should not have to reveal their case to the prosecution to get funding.
On page 113, Mr. Hoffman MOVED to adopt the proposed amendment to Rule 44 which authorizes an indigent defendant to move ex parte for financial assistance. Ms. Schmitz seconded.
The Committee questioned the applicability of the amendment to a pro se indigent defendant. Committee members stated, it is important to allow a pro se defendant the opportunity to apply for the funding necessary for an adequate defense. A judge also needs to hear the reasons for the funding before authorizing the expenditure of state funds. What a pro se defendant thinks is a defense may not be a legitimate defense.
Members stated an independent indigent defense commission is needed, so applications do not have to be reviewed by judges. Others said, a different judge should hear the request for funding. The Committee, however, did not seem to think the suggestions were feasible alternatives.
Committee members questioned whether providing for an ex parte request will protect the confidentiality of the application. The prosecution could still get the record, because the proposal does not require the application to be under seal.
Judge members stated, currently, defense counsel will request funding by letter to the judge. Sometimes an affidavit is included with the letter. If more information is needed, the judge may call the defendant's attorney with questions. Generally, a judge does not want to know a lot of details about the case. The judge will respond by simply writing a letter authorizing the funding. The letter does not end up in the file.
Other members questioned how the issue could be preserved for appeal if the letter of application is not filed in the record. It was stated, the requests are seldom turned down. Also, if the defendant is going to appeal, the letter requesting funding can be made part of the record. Counsel can request that the letter be made part of the record at a later date.
Committee members stated, there should not be informal papers floating around a case. The papers should be part of the record, but under seal. Other judges stated, they treat the request as a motion under seal and as part of the record.
Committee members stated a request for funding should be by application and not by motion. A request should be called an application, so it can be done ex parte without the formalities of a motion. The Committee noted, N.D.R.Crim.P. 47 provides: "An application to the court for an order shall be made by motion . . . ."
Judge Leclerc MOVED to amend lines 14-16 on page 113 as follows:
"(b) Ex Parte
MotionApplication for Financial Assistance. An indigent defendant may moveapply ex parte for financial assistance to obtain investigative, expert, or other services necessary for an adequate defense."
Mr. Hoffman seconded. Members again questioned why the language should be changed from "Motion" to "Application"? Others responded an application may be made by letter and a judge can just mark "approved" or "disapproved" on the letter. The formalities of a motion and subsequent order are avoided. The motion CARRIED by a vote of 9 to 4.
Mr. Hoffman MOVED to amend the proposal as follows:
"An indigent defendant may apply ex parte, under seal, for financial assistance to obtain investigative, expert, or other services necessary for an adequate defense."
Committee members commented, the proposed amendment makes it sound like only the application is under seal. Everything relating to the ex parte application should be sealed.
Judge Nelson MOVED to substitute the following amendment:
"The application, hearing, and order may be sealed by the court."
Judge Smith seconded. Ms. Schmitz MOVED to substitute the following amendment:
"The record of the application may be sealed by the court."
Judge Leclerc seconded. Mr. Kapsner MOVED to substitute the following language:
"The application and any subsequent proceeding and order must be maintained in the record under seal."
Judge Smith seconded. Judge Geiger MOVED to substitute the following language:
"The application and any subsequent proceeding and order must be maintained in the record under seal, except upon further order of the court."
Judge Nelson seconded.
Committee members stated the additional language, "except upon further order of the court" gives a judge discretion to reveal the information to the public at a later date. An issue may come up at a later time for which the information needs to be disclosed. The court needs a way of opening the information to others if the need arises.
Judge Geiger's motion CARRIED by a vote of 9 to 3.
The Committee noted, the proposed amendment addresses the defendant's right to apply ex parte. The proposed amendment does not entitle a defendant to funding. Thus, the amendment does not need to be limited to an indigent defendant who is entitled to court appointed counsel.
Committee members argued the amendment is telling a defendant the record is under seal; but the record is really not under seal, because the court has discretion to disclose the information. In the Explanatory Note on lines 34-35, by unanimous agreement, the Committee decided to change the words "a motion" to the words "an application."
The motion to recommend the proposed changes to the Supreme Court CARRIED by a vote of 13 to 1.
RULE 502, N.D.R.Ev. - LAWYER-CLIENT PRIVILEGE (PAGES 117-138 OF THE AGENDA MATERIAL)
The Committee considered whether to amend N.D.R.Ev. 502 to follow the 1986 amendment to Unif.R.Evid. 502. Rule 502, N.D.R.Ev., is patterned after Unif.R.Evid. 502.
The Uniform Rule was amended in 1986 to get rid of the "control group" test for determining the scope of the attorney-client privilege. Under the "control group" test, the attorney-client privilege does not apply to communications by employees of the client who are not responsible for obtaining professional legal services or acting upon legal advice.
The U.S. Supreme Court rejected the "control group" test in Upjohn v. United States, 449 U.S. 383 (1981). The Supreme Court said one of the purposes of the attorney-client privilege is to ensure an attorney gets the information needed to give sound and informed advice. In the corporate context, it will frequently be employees beyond the control group who possess the information needed by the corporation's lawyers.
On page 130, the 1986 amendment to the Unif.R.Evid. expands who is a representative of the client for the purposes of the attorney-client privilege. Under the amended rule, a representative of the client includes: "(ii) any other person who, for the purpose of effectuating legal presentation for the client, makes or receives confidential communications while acting in the scope of employment for the client."
On pages 132-138, the proposal follows the 1986 amendment to the Unif.R.Evid. The only change is on line 27 the phrase is added "if the communication was made:" to set off the enumerations that follow as separate paragraphs.
Committee members stated the rule should be amended to allow attorneys to get the information needed to give sound and informed legal advice. The proposed amendment is not overly expansive; because in order for the communication to be privileged, the communication must be made for the purpose of effectuating legal representation. Mr. Kuntz MOVED to adopt the proposal. Ms. Schmitz seconded.
In the Explanatory Note on lines 82-89, Committee members commented the Explanatory Note repeats the amendment. Others stated explanatory notes are often amended to flag rule amendments, but after a few years repetitive material should be deleted.
The motion to amend Rule 502 CARRIED by a vote of 14 to 0.
Staff explained all 48 Federal Rules of Appellate Procedure were revised effective December 1, 1998. The changes are mainly stylistic. One of the stylistic changes is the new practice of setting off enumerated items as separate subparts. By having each item listed separately, a rule will act as a checklist and make the rule more user friendly. It will be easier for practitioners to check whether they are complying with each requirement of the rule.
Another change the federal drafters are making is to use bullets () to mark off separate enumerated items rather than identifying the enumerated items as paragraphs, subparagraphs, or clauses. The federal drafters use bullets to ease the reading of a list when no citation to any individual item is likely. The federal drafters also indicate dangling text is permissible after a list of bulleted items. Dangling text is not permissible following a paragraph or subparagraph.
Staff explained, the citation forms in the explanatory notes to the rules of appellate procedure are amended to confirm with the Blue Book and the North Dakota Supreme Court Citation Manual.
The chair stated, the rules of appellate procedure will be submitted to the court as package. At subsequent meetings, because rules may interrelate, the Committee will reconsider previously considered rules as necessary. The door needs to be left open for additional amendments. None of the rules should be considered a final action until the Committee is ready to submit the package to the Supreme Court.
RULE 1, N.D.R.App.P. - SCOPE OF RULES (PAGES 179-182 OF THE AGENDA MATERIAL)
On page 181, Ms. Schmitz MOVED to adopt Rule 1 as proposed. Judge Leclerc seconded.
Ms. Schmitz MOVED to amend her motion by using the more abbreviated language in subdivision (a) of the amended federal rule on page 180. Subdivision (a) would read as follows:
These rules govern procedure in
appeals tothe supreme court of North Dakota , and applications for writs or other relief which the supreme court or a justice thereof is competent to give.
The motion CARRIED.
By unanimous agreement, the Committee decided to eliminate lines 27-30 of the Explanatory Note as follows:
In taking the Federal Rules of Appellate Procedure as a model, it is contemplated that the federal practice and authority will apply to those rules which have substantially the same form as their federal counterpart.
There is ample case law indicating the Supreme Court looks to federal case law when the rules being interpreted are the same as North Dakota's rules.
The Committee questioned what governs the procedure in appeals to the North Dakota Court of Appeals. The Committee noted, N.D. Sup. Ct. Admin. R. 27(5) provides all proceedings in the court of appeals are governed by the North Dakota Rules of Appellate Procedure.
The motion to adopt Rule 1 CARRIED.
RULE 2, N.D.R.App.P. - SUSPENSION OF RULES (PAGES 183-185 OF THE AGENDA MATERIAL)
Staff explained the proposed revision is identical to the federal revision, and the substance of the revision is the same as the current rule.
Ms. Schmitz MOVED to adopt the proposed amendment. Ms. Monson seconded. The motion CARRIED.
RULE 2.1, N.D.R.App.P. - MENTAL HEALTH APPEALS UNDER CHAPTER 25-03.1, NORTH DAKOTA CENTURY CODE (PAGES 186-189 OF THE AGENDA MATERIAL)
Staff explained Rule 2.1 is not patterned after a federal rule. The proposed amendments are stylistic. In subdivision (b), the requirements for what a notice of appeal
must contain are broken into separate paragraphs. The amendment conforms the requirements for a notice of appeal under Rule 2.1 with the requirements in N.D.R.App.P. 3(c).
Judge Hunke MOVED to adopt the proposal. Judge Foughty seconded. The motion CARRIED.
RULE 3, N.D.R.App.P. - APPEAL AS OF RIGHT--HOW TAKEN (PAGES 190-198 OF THE AGENDA MATERIAL)
Staff pointed out two technical corrections which need to be made to the proposal. On line 11, the phrase "dismissal of" should be overstruck and substituted with the word "dismissing." On line 24, the words "Service of" should be overstruck and substituted with the word "Serving."
Judge Leclerc MOVED to adopt the proposed amendment with the technical corrections. Judge Hunke seconded.
The Committee noted, subdivision (d) is currently titled "Service," yet subdivision (d) only requires the clerk of the trial court to "mail or send" notice of the filing of a notice of appeal. The proposed amendment requires service. The proposed amendment also requires service to be done "promptly."
On line 40, the Committee questioned the provision providing: "Service is sufficient despite the death of a party or the party's counsel." It was noted, the current rule contains the same provision and the revised language is from the federal rule.
The motion to adopt Rule 3 CARRIED.
The Committee noted, in the Federal Rules of Appellate Procedure the phrase "clerk of the district court" has been changed to the phrase "district clerk." The Committee discussed what terminology should be used in the North Dakota Rules of Appellate Procedure. Members suggested using the phrase "district clerk" instead of "clerk of the trial court." Others stated, there are lots of district court clerks and the phrase "clerk of district court" specifies more precisely what is meant. Committee members stated the phrase should be "clerk of district court" rather than "clerk of the trial court," because the county courts have been abolished and appeals from municipal court are to the district court rather than the supreme court. See N.D.C.C. § 40-18-19.
RULE 4, N.D.R.App.P. - APPEAL--WHEN TAKEN (PAGES 199-216 ) THE AGENDA MATERIAL)
Staff gave an overview. Subdivision (a) concerns an appeal in a civil case and is broken into paragraphs like the federal rule. Paragraph (2) on lines 11-13 is new and provides:
A notice of appeal filed after the court announces a decision or order -- but before the entry of the judgment or order -- is treated as filed on the date of and after the entry.
The new provision is consistent with Zueger v. Carlson, 542 N.W.2d 92 (N.D. 1996) and is taken from the revised federal rule.
Paragraph (4) on line 17 concerns the effect of a post-judgment motion on a notice of appeal. The language is taken from the revised federal rule, except in subparagraph (A) on line 19 the word "full" is added to clarify a party has the full time to appeal as in North Dakota's current rule.
Subparagraph (B) on lines 29-38 explains a previously filed notice of appeal becomes effective when the order disposing of the last such remaining motion is entered. An amended notice of appeal must be filed to challenge an order disposing of a post- judgment motion. North Dakota's current rule does not explain the effect of a post-judgment motion on a notice of appeal.
Paragraph (5) on lines 52-61 concerns a motion for an extension of time. The proposal substitutes the language in the revised federal rule for the language currently in North Dakota's rule. The rule is amended to allow an extension of time for "good cause" in addition to excusable neglect. Another change allows an extension of 10 days to file a notice of appeal after the date when the order granting the extension of time is entered.
Subdivision (b) concerns an appeal in a criminal case and is also patterned after the federal rule. The proposed amendment breaks the subdivision into paragraphs and subparagraphs. On line 97, subparagraph (B) addresses the effect of a post-judgment on a notice of appeal previously filed. This is new language. The amendment provides the notice of appeal is effective without amendment.
On line 108, paragraph (4) concerns a motion for an extension of time. The amendment allows an extension for "good cause" as well as "excusable neglect." In addition, the word "finding" is used instead of "showing" because the rule authorizes the court to give an extension without a motion.
On line 112, paragraph (5) is new. It provides the trial court has jurisdiction to correct a sentence under N.D.R.Crim.P. 35(a) even if a notice of appeal is filed.
On lines 116-117, paragraph (6) defines entry of judgment. The proposal uses the terminology "register of criminal actions" rather than "criminal docket."
On lines 118-123, paragraph (c) provides the trial court may extend the time for appeal in a contempt case upon a "finding" instead of a "showing" and for "good cause" as well as "excusable neglect."
Judge Hunke MOVED to adopt the rule as proposed. Ms. Schmitz seconded.
The Committee discussed whether an extension of time to appeal should be granted for "good cause" as well as "excusable neglect." Committee members stated "good cause" may exist even if "excusable neglect" does not exist. For instance, if a flood prevents a notice of appeal from being filed, "good cause" exists for not filing even though there is not "excusable neglect."
On lines 4-5, where subdivision (a) addresses the time for appeal, Committee members questioned the use of the terminology "civil case." Concern was expressed, "special proceedings" should also be addressed. The Committee noted, N.D.C.C. § 28-27-01 provides for appeal to the Supreme Court in a "civil action or special proceeding." Formally, N.D.C.C. §§ 28-27-04 and 28-27-05 governed the time for appeal and the taking of an appeal. Those provisions have been superseded by Rules 3 and 4. The Committee stated actions are either civil or criminal. Special proceedings are a hybrid.
Judge Geiger MOVED to amend line 4 as follows: "Appeal in a Civil Case or Special Proceeding." Judge Geiger also MOVED to amend line 5 as follows: "In a civil case or special proceeding . . . ." Ms. Schmitz seconded.
The Committee noted, Rule 4 has been in effect since 1973 without referencing a "special proceeding." The Committee questioned what constitutes a "special proceeding." The Committee also questioned whether the word "case" encompasses a "special proceeding."
The Committee reviewed the provisions addressing the effect of a motion on a notice of appeal. Committee members stated the provisions address when the time for appeal starts to run, but the provisions do not address when a trial court is divested of jurisdiction. There is confusion as to when and what jurisdiction a North Dakota trial court losses when a notice of appeal is filed.
The Committee discussed lines 29-37 which govern the effect of a post-judgment motion on a notice of appeal in a civil case. The Committee questioned the effect of the proposed amendment on case law providing a party is limited to the issues raised on a motion for a new trial. The Committee questioned what happens if a notice of appeal is filed before the post-judgment motion and an amended notice of appeal is not filed. Is a party then not limited to the issues raised in the motion for a new trial?
Committee members expressed concern about making substantive procedural changes when the purpose of the proposal before the Committee is to revise the rule stylistically to follow the federal revision. Committee members stated, they would like staff research on the issues raised before making an amendment.
Judge Geiger MOVED to postpone consideration of Rule 4 until the next meeting so there could be further study of the substantive procedural changes. Ms. Schmitz seconded. The motion CARRIED.
The Committee recessed at approximately 4:00 p.m.
September 24, 1999 - Friday
The Committee reconvened at approximately 9:00 a.m.
The Committee reviewed N.D.C.C. § 29-01-33 which was enacted during the 1997 legislative session. Under the statute, in criminal cases the decision whether to change the location of a proceeding or trial is in the complete discretion of the court. The statute does not specify or require any grounds for changing the location of a proceeding or trial.
The Committee reviewed the 1997 Report of the North Dakota Legislative Council Judiciary Committee.
The Committee noted, N.D.R.Crim.P. 18-21 already contain provisions governing the location of criminal proceedings. When N.D.R.Crim.P. 21 was adopted, it superseded N.D.C.C. § 29-15-01 which governed a change in location of trial. The Committee also noted, other jurisdictions have held venue is procedural and a proper subject for the court's rule making authority.
For the purposes of discussion, Judge Leclerc MOVED to adopt the proposed amendment to Rule 18 on page 147. Ms. Schmitz seconded. Mr. Kuntz MOVED to amend the proposed amendment as follows:
The initial appearance, arraignment, or other hearing or proceeding may take place outside the county of venue but within the judicial district where the offense was committed.
It was explained, N.D.C.C. § 27-05-22 prohibits a judge from acting outside the district. Judge Smith seconded.
Other Committee members explained, a county may contract for jail services outside the district. Some regional jail facilities serve more than one district. The proposed amendment could create a problem. Committee members stated, N.D.C.C. § 27-05-22 does not need to be addressed in Rule 18. The authority of a district court judge to act is a different question. The motion FAILED.
The Committee noted, the U.S. Const. amend. VI provides: "[t]he accused shall enjoy the right to a . . . trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law . . . ." Committee members stated, the proposal does not violate the Sixth Amendment because it is only addressing proceedings and not a trial.
Committee members stated, the North Dakota Supreme Court needs to address whether it is going to continue requiring every county to furnish courtroom facilities. Some counties only have a jury trial every three to four years. The concept of venue is really a very nebulous thing and has no consequence whatsoever. It would be constitutionally permissible to have a trial center in each judicial district and not in every county.
The proposed amendment to Rule 18 CARRIED by a two-thirds vote.
The Committee reviewed N.D.R.Crim.P. 21. Rule 21 allows a proceeding to be transferred to another county under certain circumstances. A case may be transferred if a
defendant cannot obtain a fair and impartial trial in the county where the action is pending or for the convenience of the parties and in the interest of justice.
The Committee considered two alternative proposals to amend Rule 21. The first alternative leaves the rule as it is and supersedes the new statute on venue. The second alternative allows the court to change the location of a trial as does N.D.C.C. § 29-01-33 (1997). However, if a party objects to a change in location of trial, the trial must be held where originally venued unless grounds for a change of venue are established. The second proposal also supersedes the statute.
Judge Leclerc MOVED to adopt the second alternative. Ms. Schmitz seconded.
The Committee noted, N.D.C.C. § 29-01-06 gives a defendant the right to an impartial jury in the county in which the offense is alleged to have been committed. Committee members stated, the statute does not conflict with Rule 21, because a judge will not move a trial if the defendant objects.
The Committee noted, on page 156, proposed new subdivision (c) refers to a "trial" rather than a "proceeding" as does the rest of Rule 21. Rule 18 will govern a change in location of a proceeding.
In the Explanatory Note, lines 58-59 are overstruck as follows:
Rule 21 contemplates that all transfers shall be made from one court to a corresponding court of the same grade and classification.
Judge Leclerc MOVED to remove the overstrikes even though the county courts have been abolished, because North Dakota still has municipal courts.
Judge Smith seconded. The motion CARRIED.
In the Explanatory Note, the Committee questioned whether lines 68-83 should be deleted as proposed. Members stated, the comments are helpful. Others stated, it is the practice of the Committee not to include discussions of case law in the explanatory notes. Case law annotations are in the Michie version of the rule book. If practitioners rely on case law citations in the explanatory note, they are likely to be misled because case law changes and explanatory notes become outdated.
On lines 67-68, by unanimous agreement, the Committee decided to eliminate the following language:"
on the ground of personal bias or prejudice".
The motion to adopt Alternative 2 on pages 156-162 CARRIED unanimously.
During the 1997 legislative session, the Legislature enacted N.D.C.C. §§ 28-04-09 and 28-04-10. The new statutes address changing the location of a pretrial proceeding or a trial.
The first statute, N.D.C.C. § 28-04-09, allows the court to change the location of a pretrial proceeding. The statute does not require the parties to consent or require any particular grounds for a judge to change the location of a pretrial proceeding.
The second new statute, N.D.C.C. § 28-04-10, provides the court may change the lactation of a trial. The statute does not require any particular grounds for changing the location of a trial. However, if any party objects to the change in location of trial, the trial must be held where originally venued.
The Committee noted, N.D.C.C. § 28-04-07 already provides for a change in the location of a trial if the grounds specified are met. Committee members stated the new statute N.D.C.C. § 28-04-10 should be superseded and N.D.C.C. § 28-04-10 should continue to govern. Others stated, all the statutes should be superseded and a rule of procedure should be adopted governing venue.
Committee members stated, a comprehensive study is needed and for venue to be defined by rule. All the statutes defining the place of venue should be superseded. Others Committee members stated, they are not ready to go that far. Only a change in the location of a proceeding or trial should be addressed; not the original venue.
Judge Hunke MOVED to adopt the proposal on pages 170-172 which would supersede N.D.C.C. §§ 28-04-09 and 28-04-10. The amendment would allow the court to change the location of a pretrial proceeding. A change in location of trial would be governed by N.D.C.C. § 28-04-07. Judge Geiger seconded.
On page 170, the Committee stated proposed lines 16-18, governing a change in the place of a pretrial proceeding, should be in a separate subdivision. The Committee
recommended eliminating the following language on lines 12-16 which currently provides as follows:
All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials
and at any place either within or without the district; but no hearing, other than one ex-parte, may be conducted outside the district without the consent of all parties affected thereby,
Judge Leclerc MOVED to refer the subject of venue in civil cases back to staff with an instruction to supersede all the statutes addressing a change in location, and for staff to draft a rule governing a change in location of a proceeding or trial. Mr. Kapsner seconded.
Committee members also stated the reference to a motion to suppress evidence should not be in N.D.C.C. § 28-04-09 as there are not motions to suppress evidence in civil cases.
RULE 7, N.D.R.App.P. - BOND FOR COSTS ON APPEAL IN CIVIL CASES (PAGES 217-221 OF THE AGENDA MATERIAL)
Staff explained Rule 7 is not patterned after the federal rules. The proposal is simply a stylistic revision.
Judge Geiger MOVED to adopt the proposal. Professor Kraft seconded. Committee members stated the word "thereof" should be eliminated on line 36.
Committee members stated Rule 7 should be eliminated. The rule creates a procedural exercise without significant purpose. Given the expense of an appeal, including attorney fees and everything else involved, the least of the burdens on the appellee is the payment of costs. The real concern is a stay of execution.
Mr. Kuntz offered a substitute motion. Mr. Kuntz MOVED to repeal Rule 7. Mr. Kapsner seconded. The motion to repeal Rule 7 CARRIED.
The Committee instructed that the title to Rule 7 should remain with a notation in brackets indicating the rule is repealed. The format should be similar to N.D.R.Crim.P. 42 which the Committee previously repealed.
The Committee noted, on page 221, lines 65-66 supersede a number of statutes. Even though Rule 7 is going to be repealed, Committee members stated, the Explanatory Note should still supersede the statutes. The Committee instructed staff to bring the explanatory note to Rule 7 back to the Committee for further consideration.
RULE 8, N.D.R.App.P. - STAY OR INJUNCTION PENDING APPEAL (PAGES 222-229 OF THE AGENDA MATERIAL)
The Committee considered whether N.D.R.App.P. 8 should be revised to track the 1998 revision to Fed.R.App.P. 8.
Ms. Schmitz MOVED to adopt the proposal with additional language on lines 88-89 indicating N.D.R.App.P. 7 is repealed. Judge Leclerc seconded.
The Committee considered whether it is necessary to state in the rule that a party must give notice of a motion. On line 50 and 62, members were indifferent as to whether the language requiring a motion to be noticed should remain in the rule.
RULE 9, N.D.R.App.P. - RELEASE IN CRIMINAL CASES (PAGES 230-235 OF THE AGENDA MATERIAL)
Judge Hunke MOVED to approve Rule 9 as proposed. Professor Kraft seconded.
On page 233, Committee members questioned the need for keeping the subdivision designations the same as the federal rule, because N.D.R.App.P. 9 does not follow Fed.R.App.P. 9. Judge Leclerc MOVED to delete line 4 as follows: "
(a) [Reserved for Future Use.]" He further MOVED to delete line 5 as follows: " (b) Release Pending Appeal From a Judgment of Conviction." Finally, Judge Leclerc MOVED to amend the proposed point headings on lines 6 and 12 as follows: " (1)(a) Motion to Trial Court" and " (2)(b) Motion to Supreme Court." The motion CARRIED.
Ms. Schmitz MOVED to delete lines 35-41 in the Explanatory Note to get rid of the case law discussion. Mr. Kapsner seconded. Committee members stated, they do not want case law discussion in the explanatory notes. The motion CARRIED.
Without objection, the Committee agreed to amend lines 26, 30 and 42 by replacing the reference to subdivision (b) with the phrase "This rule." The Committee also agreed to
replace the phrase "These subdivisions regulate" with the phrase "This rule regulates" on line 27.
The motion to approve Rule 9 CARRIED unanimously.
RULE 46, N.D.R.Crim.P. - RELEASE FROM CUSTODY (PAGES 236-241 OF THE AGENDA MATERIAL)
The Committee reviewed N.D.R.Crim.P. 46(d), because subdivision (d) is identical to N.D.R.App.P. 9. The purpose of the proposal is to keep N.D.R.Crim.P. 46 identical to N.D.R.App.P. 9. On page 237, Judge Hunke MOVED to approve Rule 46 as proposed; except, on line 35 of the Explanatory Note, the reference to subdivision (b) should be eliminated given the Committee's previous amendment to Rule 9.
On page 241, the Committee reviewed the list of statutes "considered" in the Explanatory Note. The Committee noted, some of the statutes listed as "considered" have since been repealed. Members stated, leaving the references to repealed statutes in the list of statutes considered has historical value.
Judge Hunke's motion CARRIED.
RULE 10, N.D.R.App.P. - THE RECORD ON APPEAL (PAGES 242-256 OF THE AGENDA MATERIAL)
Staff explained, the amendments to Rule 10 are all intended to be stylistic. Portions of the rule that follow the federal rule are amended to follow the 1998 federal revision. In addition, subdivisions are subdivided into paragraphs and subparagraphs according to the new federal format.
Judge Leclerc MOVED to adopt Rule 10 as proposed.
The Committee questioned the use of bullets and whether separate parts should be designated by a numeral or letter rather than a bullet. Members stated, the use of bullets on page 251, lines 95-100, and on page 255, lines 174-175 makes the rule easier to read. Otherwise, the rules will begin to resemble the federal tax code if every enumeration is designated by a numeral or letter.
On page 253, Committee members questioned why bullets were not used in subdivision (e). It is not likely someone would need to specifically reference any of the individual items. Members said, bullets should be cited the same way a run-on paragraph is cited. Citing the subdivision itself will be sufficient.
Judge Leclerc MOVED to amend subdivision (e) by using bullets instead of numerical designations. Judge Smith seconded. The motion CARRIED by a vote of 13 to 3.
Committee members stated, under the federal rule, the appellant is responsible for only ordering a transcript of the portions of the proceedings that the appellant considers necessary. The appellate court does not get the entire record or the entire transcript.
Currently, court reporters are preparing a transcript of all pretrial proceedings in addition to the trial. Committee members stated, an indigent defendant in a criminal case should not get a transcript of all the proceedings unless a need is demonstrated for the entire transcript. Indigent defendants should be required to specify what they want; otherwise, indigent defendants should only get a transcript of the trial.
Committee members stated, an attorney may not know what is needed until the attorney starts writing the appellate brief. An attorney may not realize something was not included in the transcript until it is too late. Attorneys have the obligation to supply the court with an appropriate transcript. Others stated in the criminal context, it would be rare for a defense attorney not to know the specific issues that are going to be appealed.
Committee members stated, the issue is what should be routinely transcribed for indigent defendants without a specific request for transcription of additional portions of the record. Civil cases are different, because the parties are paying for the transcript. They can order what they want. In indigent defense cases, the rule should provide what a defendant is going to get unless there is a request for something extra. Others said, court reporters still get paid for their work in preparing a transcript for an indigent defendant. Court reporters are paid a salary.
Committee members questioned what constitutes the record and what is required to be transcribed. There is confusion as to what is recorded and transcribed. Often voir dire, jury instructions, and closing and opening statements are not recorded and transcribed unless requested. The basic transcript is the evidence presented at trial.
Committee members stated, there are two issues involved. The first issue is what is recorded. The second issue is what should be transcribed. Currently, court reporters interpret
the requirement for a transcript in Rule 10 as requiring everything. If the appellant is not going to raise an issue regarding a pretrial proceeding, the Committee questioned why the pretrial proceeding should be transcribed. A definition of what constitutes the transcript on appeal is needed. The transcript on appeal should be defined as the evidence offered at trial unless there is a request for additional transcription.
On page 248, Committee members stated, staff should address the language on lines 33-34 regarding the appellant's duty to order a transcript. An appellant should have the duty to order only those portions of the transcript which are relevant to the issues appealed. The appellee should have the duty to order any additional portions that are needed.
Judge Leclerc MOVED to postpone consideration of Rule 10 until the next meeting. Ms. Schmitz seconded. The motion CARRIED unanimously. It was suggested comments should be obtained from the clerk of the supreme court.
RULE 6, N.D.R.Civ.P. - TIME (PAGES 290-300 OF THE AGENDA MATERIAL)
The Committee considered a request to extend the period of time from 7 days to 11 days when intermediate Saturdays, Sundays, and legal holidays are excluded from the time computation found in N.D.R.Civ.P. 6(a). Currently, Rule 6(a) provides:
When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation.
The Committee noted Fed.R.Civ.P. 6 was amended, effective August 1, 1985 to change the period from 7 days to 11 days.
Mr. McLean MOVED to adopt the proposal on page 298. Ms. Monson seconded. Mr. Kapsner MOVED to substitute 15 days for 11 days.
Committee members argued against using 15 days instead of 11 days. First, generally, under N.D.R.Ct. 3.2, 10 days are allowed for responding to a motion. Extending the period to 15 days will accomplish little. Second, the time needed for processing motions will be extended for too long and delay will be caused. Finally, using a 15 day period will cause confusion between state and federal practice.
The Committee voted on the motion to substitute 11 days with 15 days. The motion FAILED by a vote of 14 to 2.
Committee members questioned the need for the amendment. Judges stated, they do not normally deny an extension and opposing counsel will generally grant an extension. Attorneys stated, they cannot risk sacrificing their client to the first judge who denies an extension. In addition, sometimes the judge will be gone and an extension can not be obtained. Also, if an attorney has to make a motion to the court to get an extension, the attorney is already out of luck. By the time the motion is decided, the attorney's deadline for responding to the motion has already passed.
The Committee voted on the main motion to extend the time from 7 to 11 days. The motion CARRIED by a vote of 14 to 1.
The Committee instructed staff to prepare amendments to the rules of criminal procedure and appellate procedure for the Committee's consideration at the next meeting which are consistent with the amendment to N.D.R.Civ.P. 6(a). The Committee also instructed staff to amend the Explanatory Note to Rule 3.2 to reflect the change in the time computation.
The meeting adjourned at 11:30 a.m.
Gerhard Raedeke


text:
[VERSE 1 Adisa The Bishop]
You know the beat kick, cuts crisp, rhymes redix
I've only begun and you already want the remix
Who want it with the south bay shogun- no one
Get respect like I stay fully armed but I got no gun
You want it come get it, you got it then spit it or forfeit it
Hated when I saw that Zimmerman was acquitted
Let the beats play as i slay dragons from Sicily
My Yugoslav attack broke their back took Italy
Feel like Hannibal breaking a cannibals mandible
You confused cause u stay in the matrix understandable
No code is uncrackable, plan unmappable, man untappable- king is untrappable
Gotta live the game and train to maintain
Body soul and brain till you rise in the next plane
Even in death I'll live on like Trayvon
Saw the ghost of oscar grant man waiting by the platform
[Hook Rob Flow]
No matter what the name, we're all the same
Pieces in one big chess game
[VERSE 2 Rahman Jamaal]
If you dont understand supremacy, understand that enemies
Want you think that it's not part of your identity
No matter the creed human greed sets in the peasantry
Presently as much as the 2012 presidency
For different reasons, we tryna survive
They take pride over people's lives so businesses thrive
But once the businesses lie is where the differences collide
They got us slavin again, so their interest stays alive
And now there's dealers that rap
So everyone feels entitled to getting paid without ever giving anything back
You can't knock the hustle unless the hustle is wack
Like setting out for the fast buck, selling mamas the crack
When those who actually rap are tellin mamas the facts
That this M.O.B. swagger is setting all of us back
Hip Hop was never about killing blacks
But most are impacted with that belief and you are what you attract...
So, if these words don't make cents at first
I've just been playing on a bigger chess board since birth
To capture that piece on earth, I know what's goin on
While you're thrown, getting known as a pawn in this code of arms
[Hook Rob Flow]
No matter what the name, we're all the same
Pieces in one big chess game
[Verse Asheru]
I tell my kids all the time to look with a third eye
Hear with a third ear
The intentionally unclear
Will only confuse
If you don't use your tools
To navigate the terrain
They out to control your brain
And you must protect it
Defend it with your life
So at the end of your life
You will be resurrected
Thru thoughts and seeds that were planted
By your deeds
Effectively separating your wants from your needs
In these days and times
It's so sad to see
The breakdown of the young black man is a tragedy
Either thugging, pimping, or hoeing
Wearing skirts at their shows and
You surely won't last long with no strategy
Actually it ain't too late
You can build on it gradually
Whatever you do the most
You do the best and magically
You know when the hard work pays off?
It has to be
When you clock your 10,000 hours for mastery


text:
The current open source driver standards seem to be aimed at the knee of the curve, where they're sufficiently complex to allow writing "fairly performant" without becoming "twice as complex for a small increase in performance". Seems like a good compromise, but it's important to understand that it *is* a compromise.
As an example, the open source drivers have a relatively large amount of common code and a relatively small amount of HW-specific code but if you want to get that last 20% of potential performance you generally need to move the line up and have substantially more of the driver stack being hardware-specific. That makes the driver code larger and more complex, which in turn makes it a lot harder for potential developers to contribute.


text:
Ryan Kavanaugh got involved in his favorite charity through a former girlfriend. An actress, she dragged him to the Art of the Elysium events.
And Kavanaugh, a former guitar player, found himself performing for the sick children the org entertains. A few years later, and he is chairman of its board.
The charity, founded by Jennifer Howell in 1997 after a childhood friend with leukemia told her about a young boy receiving treatment alone, conducts artistic workshops in children's hospitals and treatment facilities. It depends on actors, musicians and comedians to donate their time and services.
But the Art of the Elysium also helps support struggling artists — with the expectation that they will give back to the charity once they succeed.
"It's the first charity I would call a circle," Kavanaugh says. "It's really great."
Kavanaugh, and by extension his company Relativity, also support a series of other charities. Among them: Best Buddies, an organization devoted to people with intellectual disabilities, founded by Anthony Shriver; First Star, a charity dedicated to improving the lives of abused children; Jewish Big Brothers Big Sisters; and Sheriff's Youth Foundation.


text:
Industry News
Yes, I'm a Hairstylist and No, I'm Not a Number
At a friend's grad party the other night, I was talking to some gals and the subject went to hair. Well, of course, I shared my professional opinion and they asked, "Do you do hair?" We all know what proceeds next... "What do you think about my hair?" or "How does this work?" or the horror stories begin. Now, as a licensed cosmetologist, I understand my role of advising, the professional recommendation and, of course, the power of referral since I don't work in a salon. But the conversation was interesting, as usual.
Cindy's stylist (Gina) was moving out of state, and she had been going to Gina for three years at the same salon. Knowing the departure of her stylist and liking the salon for its convenience she finally called the salon to schedule an appointment post-Gina. She explained who she had seen and requested a new stylist. They in turn offered her a level 2, 3,4 or 5 stylist. Listen carefully as here was Cindy's response to me about this marketing approach that may serve the internal growth and hierarchy of a salon strategy but not necessarily the consumer /client. Cindy said to me, "I don't know what my stylist was-- maybe a 3--but I don't think I can afford a 5 and what if the 2 screws up my hair?"
Now there is nothing wrong with a level system of stylist's experience and service prices and of course I am hearing this story from one side, the client's side. Needless to say, the story did not end there. She selected a stylist that she believes was a 2 but thinks was promoted as a 3 because when left up to the clients, her wallet made the decision. She went in to have her usual color and cut. "I asked for more blond since it had been three months vs. my usual six week visit," Cyndi told me. "She left me under the dyer for 45 minutes to do a haircut which I watched and she never checked on me once. I finally grabbed someone to check my hair because Gina had never put me under the dryer with color and it seemed like a really long time. My end results were not good, my hair had dark brown stripes and not as much blond as I had hoped, so I had to come back the next day for her to fix it. I was not offered another stylist but I did not have to pay for the redo either and it's better now." Cyndi and I ended the conversation with her asking "Who does your hair and can you recommend someone to me?"
I am certain not one salon is in a position to lose a faithful 6 week client of cut and color on top of losing a good stylist who has moved. And I am sure many of you have procedures in place for new clients or keeping clients once a stylist leaves. Who is willing to post some of the processes they use to keep existing salon clients coming back after the loss of a stylist?
Let me hear from you.


text:
So Sports Illustrated writer Peter King reported Wednesday that Brett Favre considered playing for the Bears or Vikings in 2008 when his Packers exit became imminent.
Think punter Brad Maynard would have given up No. 4?
The question always was moot. What Favre wanted and what Packers general manager Ted Thompson would allow were two dramatically different things. Cheese has a better chance of melting at Lambeau Field every winter than Favre had of coaxing Thompson to trade him to the Packers' rival. As fun as the possibility was to consider then, and even now, seven years later, the truth is it never was realistic.
But Chicago teams have come oh-so-close in the past to...


text:
Yesterday was my beautiful baby Chloe's 4th birthday, I cant believe how quick the years are going. To celebrate we had a small party with family & a couple of Chloe's friends.
Amongst all it all we had some cheery clown straws which worked well slurping up the home made lemonade I concoted, figured if they were going to have sugar, at least I could make it free of chemicals & colours, etc, a big hit, they all loved it.
Then for lunch I stuck to kiddie food & we had the pigs in blankets above, I grew up with the cocktail franks wrapped in bread and baked in the oven. This was a Nigella Lawson recipe from Nigella Bites. The franks were wrapped in a cheesy scone dough & baked, mmm, delicious. I have wanted to try them for ages but of course needed the excuse of a childrens party. Much nicer than plain old bread.
Also made some home made sausage rolls, filled with pork, zucchini, onion, pesto & cheese, again really good & nice to sneak in some veggies (sorry forgot to take a photo. Then there were chicken wings & a variety of sandwiches.
While everyone was bursting at the seams after lunch I played some old school party games with the kids, pass the parcel, success, musical chairs, took lots of convincing but in the end they were all fighting for that last seat & pin the tail on the donkey, may need to invest in a better blind fold next year as some unusual bulls eyes were had!
Chloe declared it her best birthday ever & true to form about midnight she awoke us with a big clean up job in her room, too much chocolate that wouldn't stay down, oh well better luck convincing her to be moderate next year!


text:
BRISTOL, Tenn. – The Lady Tornado fought the rains of Mother Nature and the Buffaloes of Milligan College in a rescheduled doubleheader held on Wednesday, April 4. King defeated Milligan 4-0 in game one behind Hannah Light's 12th win of the season and defeated the Buffaloes again, 8-1, in a weather-shortened nightcap.
GAME ONE: Milligan 0, King 4
A pair of perfectly places triples made the difference in game one as both teams went through three scoreless innings before King muddied up the scoreboard in the bottom of the fourth inning. Fallon Thomas (Bristol, Va.) led the inning off with a walk and Kristie Kooch (Knoxville, Tenn.) plated the first run of the game with a blast to right that ended with her on third and Thomas scoring. King increased that lead when Kooch crossed the plate on Cassie Ringstaff's ground out to the right side, taking a 2-0 lead into the fifth inning.
The Lady Tornado took advantage of an error by Milligan third baseman MacKenzie Lilley, whose miscue extended the home half of the sixth long enough for Ringstaff to drive a liner to left center field wall, scoring Kooch. Ringstaff scored on a wild pitch to put King up 4-0.
Hannah Light (Coeburn, Va.) earned her 12th win of the season on a seven-strikeout performance against the Buffaloes. Through six innings, Light allowed only one runner past first base, that coming in the second when Lilley tripled and the King sophomore struck out the next two hitters swinging.
GAME TWO: Milligan 1, King 8 (F/5)
Game two was interrupted by a weather delay that last nearly one hour, 45 minutes, but the offense was not in short supply despite the excess of rain.
Prior to the rains rolling through Bristol, King jumped out to a 3-0 lead in the first inning when Cassie Ringstaff belted her second triple of the day to dead center field, scoring two on the play. After the delay concluded, the Lady Tornado put two more on the board on a two-RBI Christy Kooch single to right, scoring Christina Melcher and Cora Milliken and putting King up 5-0.
To add to the damage, Fallon Thomas cranked her eighth home run of the year with a three-run shot in the fourth inning, scoring Melcher and Milliken. King took an 8-0 lead into the fourth. Milligan came up in the fifth and plated one in the top of the frame, but lightning was spotted and with darkness looming the game was called. The game met the minimum innings played and will be considered complete.
Rachael Wilmoth (Morristown, Tenn.) battled through the elements and went all five innings, striking out four Buffaloes and allowing only three hits along the way. She retired seven straight from the end of the first through the third inning and struck out three of her four batters in her final two frames of work. The sophomore is now 11-5 on the year.
King improves to 24-12 overall on the year and is now riding a five-game winning streak and has won seven of their last eight games overall. They have now won their last six home games and are now 19-5 (.792) at home this year. They close the current homestand against regional opponent Tusculum College on Monday, April 9. The Lady Tornado and the Pioneers will begin a doubleheader that day at 2:00 p.m. before embarking on the annual Stateline Classic against Virginia Intermont on April 11.


text:
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See what was happening in Redwood Falls 50, 25, and 10 years ago this week.
1962—50 years ago
• Beer flowed freely in Lucan when a Schell beer truck from New Ulm collided with a slow moving Chicago and North Western fright train. No one was injured in the crash.
• In a completely unrelated incident six miles north of North Redwood, a truck driver overturned his tanker truck full of oil when he reached for a bag of peanuts he dropped onto the cab floor.
The driver was shaken, but not stirred.
• A brand new 1963 demonstration model Pontiac, being delivered to the Scott-Preusse showroom for display, overturned into a ditch just north of North Redwood while trying to pass another vehicle.
• To keep Redwood County's general election ballots safe until the results were officially canvassed, the ballots were stored in jail cell.
Only Sheriff George Matson had a key to the jail, while only County Auditor P.R. Byram had a key to that specific cell.
• Redwood Falls barber Fred Winters was found dead in his shop by his first customer to come into the barber shop that day.
Winters, who had suffered from a heart condition, was found lying on the floor with his bottle of heart medicine just beyond his grasp.
1987—25 years ago
• Over 200 area teachers, church leaders, and area government staff attended an in-service to learn about the AIDS virus.
• A three year old European fallow deer that escaped from the Ramsey Park zoo was captured and returned safely after two years of wandering through the area.
The deer managed to get through two winters and three hunting seasons unharmed before it was shot with a tranquilizer dart near the golf course.
• The Redwood Falls Hospital announced it would be going smoke-free starting Jan. 1, 1988.
• Otto Zick, the maintenance man at the Redwood Falls airport, demonstrated how he ducked under the moving propellers of ambulance helicopters when he refueled them.
"The planes get shut off when refueling, except ambulance helicopters. You fuel then on the run," Zick said.
• Redwood Falls ranked 59th in the state in per capita retail sales, with $45.3 million spent in the town in 1986.
2002—10 years ago
• Sleepy Eye native Jimmy Rix, then living in Texas, wrote a science fiction novel ("37 Ivory Towers) set in the year 2019.
In one scene, the heroine visited her hometown of Redwood Falls, Minnesota.
• After city crews began dumping leaves on the Memorial Field lawn, area residents wondered if that was a new city dump site.
Nope, the crews dumped the leaves there to keep the ground from freezing where the new veterans memorial was going to be built.
• A 59-year old St. Cloud man remained in jail after walking into a Redwood Falls bank, and saying he was there to rob it. The man, who wore a red bandanna over his face and claimed to have a gun, eventually left empty-handed.
When law enforcement caught the man in a local restaurant, he said, "Can't anybody take a joke?"
• Redwood County government launched its website to get its information out to the public.
• The city council set up a special commission to correct some 100+ year old boundary disputes.
It seems back in 1898 the railroads platted an imaginary 11th Street in the south side of town, and several houses were built in the area anticipating a street would eventually be build there.
When the city built the streets elsewhere, the original property lines were off by as much as 10 feet - an issue that still hadn't been corrected 104 years later.


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Is it February already? Here's our monthly most-viewed list for January, in case you missed any of these:
1. Pope John Paul practiced self-mortification, postulator confirms (Jan. 26)
2. Papal liturgist endorses 'reform of the reform' of the liturgy (Jan. 7)
3. Pope prays for victims of Haiti quake; archbishop's body found (Jan. 13)
4. CRS rep expects 'thousands and thousands' of dead, injured in Haiti (Jan. 13)
5. Pope offers thanks for 2009, encourages solidarity in 2010 (Dec. 31)
6. Forget doomsayers; stop smoking, fasten seatbelts, advises astronomer (Jan. 6)
7. Haitian archbishop who died in quake portrayed as a humble man (Jan. 14)
8. Pope asks priests to get online, spread the Gospel (Jan. 23)
9. A tightrope act? Pope prepares to visit Rome synagogue (Jan. 8)
10. Catholic aid agencies accept donations for Haitian quake relief (Jan. 13) — our list of where to give; still up to date.


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Sage Impact
Sage View
Sage One
Sage 300 Online
Sage ERP Online
Sage Payment Solutions
Sage Payroll Services
Customer Portal
Partner Portal
IRVINE, Calif. (August 22, 2013) – Sage North America today announced it has partnered with San Francisco-based Yola, Inc., a leading online presence solutions provider for small and midsized businesses (SMBs), to offer an integrated e-commerce solution for SMBs powered by Sage Payment Solutions, the payments division for Sage. Yola helps SMBs build and grow their online and mobile presence with mobile-optimized websites, hosting services, domains, email services, e-commerce tools, social media integrations and search engine optimization (SEO) and search engine marketing (SEM) tools. The company is integrating its proprietary software-as-a-service (SaaS) cloud platform with Sage Exchange, the secure, integrated Sage payments platform.
"The Sage Exchange payments platform seamlessly integrates with our system and allows us to maximize the value we provide our customers," said Trevor Harries Jones, CEO of Yola. "Through the integration to Sage Exchange, our customers can securely process credit card transactions while allowing them to link to Sage accounting and ERP systems and various other front- and back-office systems."
"Yola is a cutting-edge website builder and services provider with a robust e-commerce solution," said Greg Hammermaster, president of Sage Payment Solutions. "Very few companies have the capacity to offer both of these services in a cohesive package. By integrating Yola with Sage Exchange, Yola is uniquely positioning itself as an all-purpose SaaS website provider for SMBs."
The integrated Yola and Sage e-commerce solution is available at: www.yola.com/sage
About Yola Inc.
Yola is a leading SaaS provider of website services focused on helping small and medium-sized businesses build and grow their online presence. Yola's flagship product is a drag-and-drop Sitebuilder, which makes it easy for users without any technical knowledge to build a professional-looking website. A one-stop-shop for SMBs trying to succeed online, Yola has developed a breadth of features and products to support its Sitebuilder. Premium services include include website hosting, domain name registration, mobile and Facebook publishing, search engine optimization tools, lead generation, and social network integration.
For SMBs looking to sell online, Yola offers an advanced, integrated eCommerce solution that enables users to sell products through their Yola website. Yola also offers a white label platform to hosting companies and resellers globally. Yola currently has over 8 million registered users and is available in six different languages.
About Sage Group plc
Sage Group plc is a leading global provider of business management software to small and medium sized companies, creating greater freedom for them to succeed. Sage understands how and why each business is unique. We provide products and services that suit varying needs, are a pleasure to use and are secure and efficient. Formed in 1981, Sage was floated on the London Stock Exchange in 1989 and entered the FTSE 100 in 1999. Sage has over 6 million customers and more than 13,380 employees in 24 countries covering the UK & Ireland, mainland Europe, North America, South Africa, Australia, Asia and Brazil. For further information please visit www.sage.com.
For more information about Sage in North America, please visit the company website at NA.Sage.com. Follow Sage North America on Facebook, Facebook.com/SageNorthAmerica, and Twitter, Twitter.com/SageNAmerica.
©2013 Sage Software, Inc. All rights reserved. Sage, the Sage logos, and the Sage product and service names mentioned herein are registered trademarks or trademarks of Sage Software, Inc. or its affiliated entities. All other trademarks are the property of their respective owners.
Press Contact
Cynthia Sutton
Sage North America
© 2015, Sage Software, Inc. All Rights Reserved. Sage provides small and medium sized organizations and mid-market companies with a range of easy-to-use, secure and efficient business management software and services - from accounting, HR and payroll, to payments, enterprise resource planning and customer relationship management.


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Other Eligible Solar Electric Generating Technologies (OSEGT)
List of OSEGT
Click on the link below to download the current List of OSEGT:
- OSEGT List (Excel file, Updated )
Submitted information is reviewed by the Energy Commission prior to equipment being added to the List of Eligible Equipment but it is not continuously monitored. The Energy Commission does not confirm manufacturers' self-reported information. Please note that equipment on the Energy Commission's lists have undergone tests to achieve minimal safety and performance standards. The Energy Commission and the State of California make no claim or warranty on the equipment and its safety, performance or durability. Anyone considering installing solar energy systems are encouraged to conduct their own research.
For information on equipment eligibility and required laboratory-tested data, please refer to the SB 1 Guidelines, Appendix B.
OSEGT Addition or Revision to the list
Click on the links to download the procedure and form, respectively, for requesting to add or revise equipment listings for the OSEGT List:
- OSEGT Listing Request Procedure (PDF file)
- OSEGT Listing Request Form (Word file)
Other Resources
The California Energy Commission is providing consumers a list of resources and links for informational purposes; where they can research topics such as: PV product recalls, contractor license check for solar retailers/ installers or solar installation building and fire code requirements.


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HR Advisor
- Recruiter
- Huxley Associates
- Location
- London
- Salary
- £24000 - £34000 per annum
- Posted
- 13 Nov 2012
- Closes
- 11 Dec 2012
- Ref
- Contact
- Sophia Smith
- Sector
- Legal, Media & Advertising
- Function
- HR & Training
- Contract Type
- Contract
- Hours
- Full Time
Our client, a leading professional services firm, seeks an immediately available HR Officer to going their HR team on a fixed term contract (4-6months). This role is a chance to support a diverse client base and develop in the HR field. This role is paying between £30,000 - £33,000.
My client is searching for a strong HR professional who has gained exposure within the professional services sector. The role holder will be required to work closely with the HR Business Partner, providing support on maternity talks, return to work interviews, interviewing candidates, and be comfortable advising on ER matters.
This is a generalist role with an emphasis on closely supporting the business. You will need to have an understanding of employee relations policies and procedures, have a positive and professional attitude and ideally be CIPD qualified.
This is a brilliant opportunity to be part of a reputable company and utilise your skills further.
If you can meet my client's requirements then send your CV for immediate consideration and further details.
To find out more about Huxley Associates please visit www.huxley.com


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VATICAN CITY — The Vatican has just announced a press conference next Monday to unveil its pavilion at this summer's Expo Zaragoza 2008. Like the international exposition, the theme of the Vatican pavilion will be water.
It's a topic that has appeared with increasing frequency on the Vatican's radar in recent years, with Vatican agencies and academies looking at the technical and moral aspects of water distribution around the world. Pope Benedict has called water an "inalienable right" and warned that shortages could fuel conflicts.
Heading the lineup at the press conference May 19 will be Cardinal Renato Martino, whose Pontifical Justice and Peace Council prepared a document for the 2003 World Water Forum declaring that access to safe water was a right-to-life issue.
The exposition on the theme "Water and Sustainable Development" will run from June 14-Sept. 14 in the northern Spanish city of Zaragoza, and it marks the first time the Vatican has participated as a full member in such an event. The 6,000-square-foot Vatican pavilion will offer visitors a three-stage reflection on "Water, the essence of life", "The spirituality of water" and "Water for life."
The word is that the Vatican will integrate works of art into the exhibit, including some from the Vatican Museums. We'll get details next week, but I'm just thinking … The Flood and The Parting of the Red Sea are frescoes, and they won't be going anywhere. The colossal statue of the Nile? Too heavy. Representations of Christ's baptism would fit in with the spirituality theme.
There's one Vatican Museum tapestry that might be perfect, in its own way. It shows Maffeo Barberini (who became Pope Urban VIII in 1623), checking the level of Lake Trasimeno in central Italy, where he was overseeing a project to control flooding. Then, as now, water was vital.


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Edmund Henry Osthaus (German-American, 1858-1928)Born in Hildesheim, Germany, Edmund Osthaus studied at the Royal Academy of Arts between 1874 and 1882. There in Dusseldorf he was instructed by noted artists Andreas Muller, Peter Jansen, E.V. Gebhardt, E. Deger and later by Christian Kroner a wildlife painter and landscapist.Osthaus immigrated to the United States in 1883 to be with his parents in Ohio. He eventually became the chief instructor of the Toledo Academy of Fine Arts, and later the director of the Academy between 1886 and 1893. After he resigned, Osthaus devoted his time to shooting and painting for his own fulfillment.Osthaus knew dogs comprehensively and participated in field trials
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Republican representative Kevin McCarthy said on Sunday that he believes there is enough support in the GOP controlled House to pass comprehensive immigration reform.
"I wouldn't underestimate the House's ability to pass the immigration bill," McCarthy said on CNN's 'State of the Union.'
"I think we have plenty of ideas on that, and I think there's an opportunity that we can move the ball as well."
McCarthy is currently the third-highest ranked Republican in the House.
While on 'State of the Union,' McCarthy didn't clarify whether or not GOP support would extend to legislation that would help undocumented citizens become legal. This facet is a core provision on the Democratic side, but has been rejected by many Republicans.
The Huffington Post points out that McCarthy's comments on Sunday are significant, especially in his position as the House Majority Whip which makes him responsible for rounding up enough votes in his Conference to pass bills.
Currently it has been agreed that Senate will move first on immigration reform, and if a bill can pass there, it will head to the House.
When asked on Sunday's show if House Speaker John Boehner (R-Ohio) is prepared to bring a Senate-passed immigration bill to the House floor, even if it meant passing it without a majority of Republicans, McCarthy suggested that the House and Senate may end up in a conference committee hashing out two different immigration bills.
"The speaker has talked about [how] it's better if the House does their work. We should be sending bills to the Senate. It's better if the House works the way it's designed, where the House passes a bill ... and the Senate passes a bill and then it goes to conference," McCarthy said.
"He'll pass bills that Republicans are moving forward."


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S.A.-built Tundra streamlined for 2011
The San Antonio-built Toyota Tundra full-size pickup returns for 2011 with a new, more powerful base V-6 engine and a ?streamlined? model lineup that the Japanese automaker says ?focuses on the 28 most in-demand configurations.?
In other words, there are fewer model choices, but they're the ones that consumers have been most interested in buying. The simplification is designed to improve efficiency and to save money.
Prices for 2011 range from $23,935 for the two-wheel-drive, regular-cab V-6 model to $42,455 for the Limited Crew Max four-wheel drive with a 5.7-liter V-8.
The new base 4.0-liter V-6 engine for 2011, which is standard in the Tundra Regular and Double Cab models, produces 270 horsepower and 278 foot-pounds of torque. That's up from 236 horsepower and 266 foot-pounds of torque for the 2010 models' V-6 engine.
Dual variable valve timing with intelligence has been incorporated into the V-6 engine to increase power and performance. That technology already is used in both of the V-8 engines offered in the Tundra.
For 2011, the 4.6- and 5.7-liter V-8 engines remain in the Tundra lineup, producing 310 and 381 horsepower, respectively. They come with a six-speed automatic transmission.
The V-6 engine is paired with a five-speed automatic transmission with uphill/downhill shift logic, which helps eliminate annoying frequent shifting on hills.
Toyota has made trailer sway control standard on all 2011 Tundra models, acknowledging that many full-size pickup buyers use their vehicles for towing at least part of the time. It's one of the main reasons people buy pickups, particularly here in Texas. I tow a variety of trailers with my pickup, and about one-fourth of my trips include pulling a trailer.
The sway control works in conjunction with the Tundra's electronic stability control system to help keep the tow vehicle under control when the trailer begins swaying ? a scary situation that anyone who has pulled trailers to any extent has experienced.
There are two basic trim levels for 2011 ? Tundra and Tundra Limited ? and both are available in all three cab styles, regular, double and CrewMax. The regular cab has only a front seat, with room for two or three people; the other two cabs have a rear seat that holds up to three people.
There are also three different wheelbase lengths, 126.8, 145.7 and 164.4 inches, depending on the model, and three different bed lengths.
CrewMax models, which have the largest cab, are available only with the 51/2-foot short bed; the other models can have either a 61/2- or 8-foot bed. The short bed is not offered in the regular- and double-cab models.
Still offered for 2011 are the SR5 and Work Truck packages. The SR5 option adds a group of ?popular options at a value price,? Toyota says.
The Work Truck Package simplifies the vehicle and lowers the price. It is intended for fleet and commercial use. Gone are a lot of the carlike amenities. The work truck comes with such features as easy-to-clean vinyl seats and rubber floors. This package is offered on Regular and Double Cab models, but not the Crew Max. All three engines are available, but the V-6 is standard.
Also returning for 2011 is the top-of-the-line Platinum Package for the CrewMax model, which has an interior that is more like that of a luxury passenger car than a pickup. It includes such amenities as wood-grain-style interior trim, automatic climate control, a sunroof and heated/ventilated seats.
The middle engine is the 4.6-liter i-Force V-8 that has 327 foot-pounds of torque along with the 310 horsepower. This engine was added to the lineup last year.
For the most power, the 5.7-liter i-Force V-8 is available, producing 401 foot-pounds of torque along with the 381 horsepower.
In both of the six-speed transmissions that come with the V-8 engines, there is a fluid warmer designed to improve cold-weather performance, Toyota says.
The 2011 Tundra continues with the TripleTech chassis of the previous model, which features fully boxed frame rails only under the cab. All models have four-wheel antilock disc brakes with electronic brake-force distribution and brake assist.
Base models come with 18-inch steel wheels and 255/70-R18 tires. Limited models have 18-inch aluminum-alloy wheels and 275/65-R18 tires. Optional on the Limited are 20-inch alloy wheels with 275/55-R20 tires.
Four-wheel drive is available in all configurations and includes low-range gearing with a two-speed transfer case for serious off-road driving.
The TRD Off-Road Package brings rugged Bilstein shock absorbers, 285/70-R17 B.F. Goodrich off-road tires, 17-inch alloy wheels, fog lights and TRD decals on the rear fenders.
An automatic limited-slip differential is standard. It is designed to improve traction in mud and sand.
Safety gear includes standard front seat-mounted side air bags and roof-mounted side-curtain air bags for both rows, with a roll sensor system. All models also have driver and front-passenger knee air bags.
With the towing package on the V-8 models, trailers weighing up to 10,400 pounds can be towed. The package includes the one-piece hitch receiver integrated into the frame, as well as upgraded cooling and electrical systems. The six-speed automatic comes with a tow/haul setting.
Inside, the Tundra has been designed for comfort and utility. It has large door handles and controls that Toyota says can be operated even when wearing work gloves.
There are two glove boxes, upper and lower, and the upper box can hold a standard Thermos bottle. When equipped with bucket seats up front, there is a large center console that can hold a laptop computer or even hanging file folders, creating an office on wheels.
The ashtray and cigarette lighter have been eliminated, and the cigarette lighter spot is now one of the Tundra's three front 12-volt power outlets. Two are in the dash and one is in the console, and they stay on for two hours after the ignition is turned off ? allowing batteries on electronic devices to be charged even when the vehicle is not running.
On the Double Cab model, the rear doors open to the front, not to the rear like some competitors' extended-cab pickups. They open up to 80 degrees to allow for easier cargo loading into the back-seat area. The back seat is quite roomy, but not as much as that of the CrewMax, which Toyota says has ?limolike? legroom of 44.5 inches. It can slide to the front or rear up to 10 inches.
The standard power rear windows on both of the trucks with back seats can be lowered completely into the doors.
Interiors range from vinyl to fabric to leather, with lots of standard and available amenities, including navigation and rear-seat entertainment.
The automotive columns of G. Chambers Williams III appear Friday, Saturday and Sunday in the Express-News Drive section. Contact him at (210) 250-3236; firstname.lastname@example.com.