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Opinion Analysis: No prejudice from improper references to sexual assault training, in United States v. Bodoh
CAAF decided the Army case of United States v. Bodoh, __ M.J. __, No. 18-0201/AR (CAAFlog case page) (link to slip op.), on Wednesday, January 23, 2019. Reviewing a number of instances during the trial where the prosecution referenced the Army's Sexual Harassment/Assault Response and Prevention (SHARP) program – none of which drew a defense objection – the court finds some of the references improper but harmless, and it affirms the findings, sentence (with a correction), and decision of the Army CCA.
Judge Ohlson writes for a unanimous court.
CAAF granted review to determine:
Whether the military judge plainly erred by allowing the trial counsel to misstate the law and argue that the panel should base its verdict on SHARP training
Private (E-2) Bodoh was convicted contrary to his pleas of not guilty, by a general court-martial composed of officer members, of one specification of sexual assault and one specification of assault consummated by a battery. He was sentenced to confinement for five years, reduction to E-1, forfeiture of $1,546.80 per month for 60 months, and a bad-conduct discharge.
The granted issue involves three phases of the court-martial. First, during voir dire of the members, the prosecution asked questions that referenced the SHARP program. Second, when Bodoh testified in his own defense that the alleged sexual acts occurred but were consensual, the prosecution asked numerous questions about Bodoh's understanding of the meaning of consent based on SHARP program training Bodoh had received, eventually drawing objections from the defense that led the military judge to give a curative instruction. Third, during closing arguments, the trial counsel repeatedly referenced the SHARP program (without objection from Bodoh's defense counsel).
Judge Ohlson's opinion for the unanimous CAAF repeatedly notes the defense counsel's failures to object – and the associated application of the plan error test – but ultimately concludes that some of the references to SHARP training were not improper and the remaining references were not prejudicial.
CAAF first finds no error in referencing the SHARP program during voir dire. While one voir dire question invoked the program for reasons that CAAF finds unclear, the remaining questions "were designed to assess whether the members' SHARP training would improperly influence their deliberations," and that "is an appropriate line of inquiry." Slip op. at 9.
The prosecution's cross-examination of Bodoh, however, was not so appropriate. Nevertheless, Judge Ohlson explains that CAAF finds no prejudice:
First, the military judge sustained in a timely manner the defense's objection, albeit on a different ground than the one raised by the defense. Second, the military judge ruled that trial counsel had misstated the law. Third, the military judge properly summarized the law . . . The defense never expressed dissatisfaction with these curative measures or sought additional measures. We therefore conclude that in light of the military judge's curative measures, Appellant failed to establish that trial counsel's improper questioning was prejudicial.
Slip op. at 9-10 (citation omitted). That holding applies the plain error test – where the appellant has the burden to show prejudice on appeal as a consequence of failing to seek correction at trial – even though there was an objection, seemingly because the trial objection was on a different basis than what was asserted on appeal. Nevertheless, considering the military judge's corrective actions and the defense's apparent satisfaction with those actions, it seems unlikely that the burden to show prejudice or harmlessness is dispositive in this situation.
Finally, Judge Ohlson explains that the closing argument did involve some impropriety, but that Bodoh "has not established material prejudice to a substantial right." Slip op. at 11.
Nevertheless, the opinion contains a gentle reminder for prosecutors:
As can be seen, we have determined that the facts and circumstances in this case do not support a plain error determination. However, we once again find it necessary to state the obvious: "Counsel should limit their arguments to the evidence of record, as well as all reasonable inferences fairly derived from such evidence." Burton, 67 M.J. at 152 (citation omitted) (internal quotation marks omitted).
Slip op. at 12 n.5.
Judge Ohlson concludes the opinion with a correction of the adjudged forfeiture of pay, eliminating the 80 cents because forfeitures must be adjudged in whole dollars. Slip op. at 12 n.7 (citing R.C.M. 1003(b)(2)).
Case Links:
• ACCA decision
• Blog post: CAAF grant
• Appellant's brief
• Appellee's (Army App. Gov't Div.) brief
• Appellant's reply brief
• Blog post: Argument preview
• Oral argument audio
• CAAF opinion
• Blog post: Opinion analysis
43 Responses to "Opinion Analysis: No prejudice from improper references to sexual assault training, in United States v. Bodoh"
Amendment 7 says:
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
Since you are so god damn concerned about the how right the panel is Judge Ohlson.
Don't believe a jury legally requires a unanimous verdict.
Unlike civilians defendants, military accused can have a panel where the minimum education level is a bachelor's degree, where the panel is still paid to be there and more likely to appreciate the importance of obeying the judge's instructions and direction. Where they all have at least one thing in common with the Accused, and in my experience, feel the weight and human cost of the responsibility they're handed. Do you have a data indicating our juries convict more often than civilian ones?
If you have evidence that military judges are less independent than elected civilian judges, (where evidence has shown death penalties spike during election years), please present it. How many recent recall efforts have removed a judge in the military after they made a publicly unpopular decision?
If there's a civilian jurisdiction where you think the pre-trial confinement, charging scheme, sentencing system, access to experts and access to free counsel is more defense-friendly than the military system, let me know. I'd genuinely like to see the model you're comparing it to in the US. If you're just comparing it to a platonic ideal, fair enough, but that's a different complaint.
Don't get me wrong, there is *plenty* of room for improvement in the structure and law of the UCMJ. The whole concept of UCI combined with the commander convening authority set up is a self-inflicted handicap. But broad assertions about the miscarriage of justice should be backed up with a bit more depth.
Both federal court and the District of Columbia come to mind as significantly more fair than the current military system. But certainly many states are worse.
Widenote: it's unfortunate that it's now impossible to comment here from a mobile device.
In a federal felony criminal case, i.e., where there is a right to a jury, a unanimous verdict of guilt is required. All states but Oregon require (Louisiana recently overturned its non-unanimous jury rule, I believe) unanimous verdicts in state felony cases. Oregon allows a 10-2 decision in some cases.
In two cases heard together in 1972, Apodaca v Oregon and Johnson v Louisiana, the Court considered the constitutionality of state laws that permitted criminal defendants to be convicted by less-than-unanimous votes. (Oregon allowed convictions on 10 to 2 votes, while Louisiana went further and allowed convictions on votes of 9 to 3). The Court, voting 5 to 4, upheld both state laws even though five justices clearly stated their beliefs that unanimity was required by the Sixth Amendment. The odd result occurred because Justice Powell, concurring in both cases, concludes that the Sixth Amendment imposes greater requirements on the federal government than the Fourteenth Amendment, incorporating the basic Sixth Amendment right to a jury trial, imposes on the states. Powell's rejection of jot-for-jot incorporation was not supported in this case by any other justice.
In Ballew v Georgia (1978), the Court decided it had gone far enough down the slippery slope. Justice Blackmun's opinion for the Court, relying on a set of empirical studies showing problems with smaller juries, found that Georgia's law allowing criminal juries of just five person violated the Sixth Amendment rights of defendants. While concurring in the result, Justice Powell, joined by two other justices, reiterated that he did not think the Fourteenth Amendment imposed exactly the same requirements for juries on states that the Sixth Amendment did on the federal government.The Supreme Court visited the issue of jury size and unanimity one final time in 1979. In Burch v Louisiana, the Court found Louisiana's law that allowed criminal convictions on 5 to 1 votes by a six-person jury violated the Sixth Amendment right, incorporated through the Fourteenth Amendment, of defendants to a trial by jury. If a jury is to be as small as six, the Court said, the verdict has to be unanimous.
As far as the demand for "evidence," should "data" be necessary if one can reason that there are inherent flaws in structure that are more likely than other structures to lead to unjust results? But if you need evidence of the pitfalls of not having truly independent judges, how about the Air Force CCAs decision in US v. Vargas?
One doesn't have to prove that military panels "convict more often than civilian ones" to criticize the system's design. Rather, one could simply note that non-unanimous juries are (1) more amenable to undermining Batson v. KY by disregarding minority voices, (2) less reliable than unanimous juries, and (3) contribute to wrongful convictions. All of these propositions are supported by social science research.
John Marshall,
I'm genuinely interested in the social science research you say shows your three points. What are you referring to? Because the research I've read indicates that unanimous verdicts are often not nearly as unanimous as it seems–that those with reservations (or those who don't believe BARD) will often go along with the group, like the conflict-averse social herd animals that we are. That said, I do think it can help when you've got the one or two anti-social rogues who will stick to their guns and go full 12 Angry Men.
But perhaps I'm skeptical of the virtues of that system, given that the jurisdiction that I'm in just recently had a hung jury, (where the large majority apparently went for acquittal, based on the observations of some attendants), and the Government has sent it forward to a new trial.
Most clients I've seen who get to see both systems up close (e.g., those in PTC in a civilian facility), seem very grateful to
As to Vargas, you've shown a removal of a judge, but it's not clearly showing a judge who is failing their duty or acting dependent (aside from thinking that removal could be okay). I also think you're being a bit naïve if you think that we don't forum/judge shop in civilian jurisdictions. And in Vargas, despite no evidence of bias on the new judge, the review provided both a strong remedy for and deterrence to the attempts to remove the prior judge.
And I think you're neglecting the extent to which judges in civilian practice are more likely, by a large margin, to have been prior prosecutors (with little to no defense experience), AND to view public/electoral pressure as pro-Government. See my earlier point about spikes in death penalties.
And yes, I'd like to see some evidence for the allegations of gross injustice. It's one thing to suggest an "inherent flaw" will make military juries more racist or pro-government, but if the structure also provides more protections against the same, it's fair to question it. In either case, yes, the data seem relevant.
As for federal court being more "fair"–how so? Because in my experience, defendants are eager to cut a deal to stay in the military system over the federal system almost every single time.
"As far as the demand for 'evidence,' should 'data' be necessary if one can reason that there are inherent flaws in structure that are more likely than other structures to lead to unjust results?"
Well, yes, because one can reason a lot of things. That doesn't necessarily make them true.
TC, I'm sure Chief Barry, Airman Wright, Airman Vargas, and Colonel Eller would disagree.
I'm sure they would. But just because there have been at least 4 unjust outcomes, that hardly means that the military is more unjust than other jurisdictions. You can't possibly believe that one couldn't find travesties of justice in every jurisdiction.
There are certainly injustices committed in other jurisdictions.
Their occurrence and recurrence is well-documented and has been a subject of close study throughout our history, both before and after the revolution, here in the Americas and in Britain.
The product of that intense study has been, fundamentally, an understanding that the government is an unreliable guarantor of individual liberties. Judges and prosecutors, well-meaning as I am sure they all are, have proven themselves, time and again, to be poor repositories of the public's trust.
The only worthy protector of the public against governmental abuse in the criminal justice system is, and has always been, the public itself, via its juries.
And, as John Marshall notes through case cites, above, unanimity is not required for a group of citizens to be constitutionally characterized as a "jury." But, that case law establishes that if that group of deliberators are to be deemed sufficiently reliable to earn the "jury" moniker, then the further from unanimity they are permitted to get, the larger their numbers need to be.
Thus, it is well established in the Ballew and Burch cases from the late 1970s: A panel of six members that is not required to be unanimous is too unreliable to pass muster in a criminal proceeding – not only under the right to a jury trial, but also under the due process clause. A panel of five or fewer is too unreliable even if the verdict is required to be unanimous.
Despite that hard-learned truth, we in the military continue to permit special courts-martial to incarcerate our fellows on a mere supermajority vote by three out of four members, all of whom are hand selected by the charging authority. And this occurs in proceedings that enjoy practically no oversight by the Judicial branch of our government. It is entirely an Executive branch affair, with little to no reliable safeguard to prevent the sort of corruption we see repeatedly occuring in the UCI cases that haunt CAAF's halls.
Some civilian jurisdictions may may be deficient in practice. But the military court-martial panel construct, at least as regards special courts-martial, is structurally infirm.
Diaboli, the ABA has consistently supported unanimous jury requirements based on the social science research I briefly summarized (and for other reasons). If you google the issue you should be able to find the same material.
John Marshall,
Without commenting on the positions being staked, I don't see why it would be on Diaboli to go search for the data supporting your position. You proffered certain conclusions, thus you carry the 'burden of persuasion' as it were. It should be you who backs up the conclusions with the data which, as you just said, is easy to find through Google. Perhaps the information truly is widespread and uncontested as you claim, but you should please show it. It would be unreasonable for me to claim the Earth is flat and then tell you the evidence is so obvious that you should just trust me or else find the data yourself.
John Marshall, completely agree with Kettle Black. Please support your position or retract your remarks. As for the substance of this issue, let's not forget we're talking about a system (military justice) that's not designed to be equivalent to the civilian system. Having decades of relative peace and wars of choice not survival have caused the MJ system to slide more towards civilian justice. But when the proverbial poo hits the fan, we want commanders to be able to deal with scumbags quickly and decisively…so they can focus on putting little pieces of lead into our enemies.
"As for federal court being more "fair"–how so? Because in my experience, defendants are eager to cut a deal to stay in the military system over the federal system almost every single time."
Yeah, but are they doing that because they've done a robust examination of both judicial processes, or are they doing it for some other reason, like the safety or relative comfort of the two prison systems.
Stewie, If a prison sentence is guaranteed, or very likely, then the safety and comfort of mil prisons would be a strong factor. I've toured the prison at Miramar and Mannheim (and had to deal with Soldiers in both) and it's almost disgusting how easy the inmates have it. Better food, better living conditions and more creature comforts then the average Soldier (but probably not an Airman) would get downrange. It's a major motivational factor for Leavenworth inmates to behave because disciplinary problems run the risk of being transferred into the fed prison, according to a blog written by a former Leavenworth inmate.
So, I think we can safely say that prison conditions and safety are better, for the inmate. But can anyone tell me how often Sharp training is brought up during voir dire in a civilian trial? Or how often does the judge have to instruct a jury member to disregard the 3-4 times a year briefing and information put out on subjects such as 'One drink=no consent' in a civilian court room?
I've been on court martial panel, sat in as a bailiff for another, and I've been the accused. There is a serious element of brainwashing that happens in the military. "They wouldn't charge him if he wasn't guilty" Senior officer to junior panel members: "I think he's guilty, what do you think?".
"If you're ACCUSED of a sexual assault, we will court martial you. I don't fuck around." That is an exact quote given by the RSS Commander, 11th ACR on Denim Day 2014 to his entire unit.
"Where is Smith? Where's my rapist?" Said by the HHC 11th ACR 1SG in a troop formation in regards to an accused Soldier who hadn't yet been through an Art 32.
"I don't think you did it, but it's a sex assault, we have to charge you" Said to me by my BN commander when I was accused.
When is the last time a member of congress took a personal interest in seeing a person convicted in a drunken he said/ she said case outside the military?
Now lets look at the case of the colonel who made remarks about "You're coming to work for me next" to a TDC. Not held accountable. Lawyers in Germany who conspired to get a judge they didn't like taken off from sex assault cases. Was that ethical? Was anyone held accountable?
If Mike Nifong had been a military prosecutor he would have gotten a MSM (BSM if it had happened downrange), glowing 'walks on water' OER, and PCS'd out to bigger and better things before it all went sideways.
J.M., congrats on besmirching the names of military prosecutors across the globe. Well done, ma'am. Mike Nifong? Really? You seem to have a problem with prosecutors wanting to keep our fighting units clean and free from dirtbags. The military's mission is bigger than any one person.
I'm sorry you pine for the days when a commander could hold a field trial and hang a guy to make an example and encourage his mates to charge through no mans land into German machine guns but the military deserves a justice system worthy of the men and women it serves.
J.M., yes, yes! You definitely get it, and thank you for that. And I accept your apology. I'm not sure we should go back to hangings at the field commander level but it's something we could discuss. You are a breath of fresh air, ma'am.
Re: Mike Nifong
I don't know for sure that Nifong would have gotten an MSM if he were in the military, but one thing is for sure: He would NOT have gone to jail or lost his bar license.
Dabomb, what have you done to reel in an out of control TC or SVP? The military mission is bigger than one person sounds like ten innocent men going to Leavenworth is worth making sure that one rapist gets convicted in the war on sexual assault.And, like most hypocrites, i guarantee you'd be crying injustice if you were the one person getting screwed for the bigger military mission.
When the top lawyers in the Navy and the Air Force talk about how Congress is placing pressure on them to prosecute sexual assault or that they need to refer a bs case, otherwise Gillibrand will change the UCMJ, then that is no different than Mike Nifong hanging a bunch of Ivy League kids, so he can get reelected. J.M.'s statement was on point.
Just to bring it back to what was an interesting discussion, here's the paper I read in response to the "you look it up!" demand. It was admittedly very easy to find: https://www.americanbar.org/content/dam/aba/images/abanews/2018-AM-Resolutions/100b.pdf. FWIW, reading it did reaffirm my belief our current members system is wrong, though for the same reasons made earlier about the quality of our member pool, I don't think we're in as bad of shape as LA or OR.
"It's almost disgusting how easy the inmates have it."
Why is that disgusting? One of the main faults of the American penal system is the overemphasis on prison being miserable, and underemphasis on individualized rehabilitation. I don't need them eating bad food, or having trouble sleeping, or fearing they are going to be shanked or sexually assaulted, or not being able to watch TV for a few hours a day. I need them to leave a better person if possible who is less likely to commit crime.
Stewie, I agree. However I also think that pizza parties and xbox privileges for an admitted drug dealer because of 'good behavior' is taking things too far. I saw that at Mannheim.
I still think the differing "missions" between MJ and civilian jurisdictions gets lost in all this. Let WWIII break out and see how many folks are worried about PVT Snuffy's due process rights.
Dabombdotcom, I hope you are not involved in the justice system in any way. I don't know about you but my oath requires me to uphold and defend the constitution against all enemies foreign and domestic. There's no exception there for WWIII.
A drug dealer on a military base…so an adult getting drugs for other adults who want them? Eh, I'm not really spun up. You'll have to throw in a child molester or something.
Person with lame screen name:
I feel like you think you are saying something deep and "real." Cutting through the baloney as it were.
You're not.
Stewie, your comment about the drug dealer really shows your lack of understanding of what we're trying to accomplish with our military and its justice system. I don't know about you, but I don't want one of my marines all hopped up on the booger sugar while we're conducting live-fire exercises. That's but one example of the very real, and very serious, threat of drug dealing—a minor offense in your book. You probably don't think small larceny cases are a big deal, either, yet I could give you some real-world examples of barracks thieves materially impacting unit cohesion and morale—two cornerstones of an effective fighting unit. You are an ivory tower occupier, it appears. Ever been down range? If so, ever been outside the walls? It's all fun and games on the internets and in the rear with the gear…we can argue the niceties of procedure and such 'til the cows come home. But at the end of the day, I want an effective military…not a "fair" one.
What a disappointing, boring cut and paste predictable response. My bingo card of buzzwords and concepts was filled even before the "did you even deoloy, bro?" part.
Dabomb, not sure if you've been around here before, but here's lesson no. 1: Stewie is always right. Do not question him.
Let WWIII break out and see how many folks are worried about PVT Snuffy's due process rights.
I like the cleverness of your statement, but strongly disagree with its substance and logic. I would change that statement slightly to:
Let WWIII break out and see how many folks are worried about PVT Snuffy having sex with PFC Susie after she had a few drinks, much to the chagrin of her fiance, SPC Cuck, who was TDY and came back to to the rumor mill at the barracks, after which PFC Susie accused Snuffy of rape because she conveniently lost her memory upon going to his barracks room after dirty dancing with him, making out with him, and doing a body shot of his rock hard abs.
You sound like you are harder than woodpecker lips, Dabomb, but for some reason you have aligned yourself with third wave feminist #metoo SJW's. As I said before, I bet if you were sitting in the Accused chair on a bs sexual assault allegation you would be crying the indignant tears of a hypocrite, rather than martyring yourself for the military mission which you've said "is bigger than one person."
Well you see, Fisch, therein lies the problem. A reasonable person like myself isn't going to be in such a situation b/c I don't go out cavorting with other men's wives or girlfriends as your hypothetical suggests. And let's face it, the ordinary, reasonable dude isn't getting rolled up in these "BS" allegations as you call them…there's a string of bad decisions that lead to these situations, most involving the excessive use of alcohol, which is, of course, a sin and brings into question one's judgment from the get-go. Again, you and your cohorts have the luxury of arguing about this stuff b/c we're a badass superpower and we have the time and resources to dicker over whether PVT Snuffy's room at the Shitbag Sheraton during pretrial confinement was one degree too cold and therefore constituted unlawful pretrial punishment. But, at base, the MJ system is not the same as the civilian system for a reason, no matter how "unfair" you and others think that is.
So you think a military member deserves to get charged with a crime they didn't commit if they break one of God's laws? which you say is excessive drinking of alcohol? Are you for real, or some sort of internet troll?
I think it is hard to disagree with the general premise that the military system serves a distinct purpose from the civilian system. The MCM Preamble sets it out pretty clearly. The part; however, that gets lost is that the system only enhances discipline to the extent that it is perceived to be fair and valid. The moment the system appears arbitrary or capricious, is the moment that it loses the ability to increase discipline and sharpen the lethality, to use Mad Dog's wording, of the armed forces. That is why, even in the face of dire conflict, due process still holds importance.
Is the system different from the civilian system? Yes. Should it be? I believe so, but it still needs to have sufficient protections in place to ensure a fair and accurate result. If it fails to do so, then the whole purpose of the system is lost…or even becomes an active hindrance.
KB, not arbitrary and capricious, just not dancing on the head of a needle. Think hand grenade, not sniper rifle. That's what the UCMJ is designed for, overall effectiveness, not pinpoint accuracy. There's nothing arbitrary or capricious (much less both) about the marginal cases you and your cohorts love to bemoan, e.g., "Oh dear Lord, how on earth could PVT Snuffy possibly be charged with rape when all he did was go get slobberknockered with PVT Cheatonmyhusband at the local nightclub and then walk her back to her barracks room and innocently help her undress and take a shower." Give me a break. Your post proves nothing and collapses upon itself.
SHARP has led to DULL (Debating and Uselessly Litigating Lawyers).
"You're a good guy, I didn't believe the sexual assault charge anyway." – STC to myself as she shook my hand after I was acquitted of that charge in 2017.
That pretty much sums up the status quo of the military justice system since 2012. For those who claim state bars won't investigate, suspend, or revoke a law license based on a complaint relating to military justice, why don't you leave that for the state bar to determine, not your personal assumption. I'm sure Michael Cohen and Paul Manafort, attorneys, didn't think they'd be in federal prison either.
Anonymous, that's a horrible story. One would think that a prosecutor must 'believe' that the person he/she is prosecuting is guilty, but is that actually the standard? What is the ethical standard for a prosecutor in that situation?
From the Air Force Standards for Criminal Justice:
Standard 3-3.9. Discretion in the Charging Decision
(a) It is unprofessional conduct for a trial counsel to institute, or cause to be instituted, or to permit the continued pendency of criminal charges when it is known that the charges are not supported by probable cause. A trial counsel should not institute or permit the continued pendency of criminal charges in the absence of admissible evidence to support a conviction.
During my second time as Chief of Crim Law it became clear early on that my SJA had barely any crim law experience. I arrived at my duty station and was given two Article 15 turn downs and told to work with the TC to prefer charges. I looked at the Article 15s and saw that the charges, as written, 'failed to state an offense.' I asked to examine the evidence (my policy as Chief of Crim Law was not to take to Article 15 anything that I could not take to a court martial if turned down), and I understood why the Article 15's had been turned down; no evidence. I asked the SJA who had written the Article 15's and he told me he did and that he had told the CG we would proceed with the courts martial of the captains in question. I took time to re-interview witnesses and gather additional evidence and there was nothing there. I told my SJA that ethically, I could not prosecute those cases. It happened one more time with another case he "promised" would be prosecuted (in the second case, even CID wondered why the insistence in moving ahead with the case). I made the calls and told my TC's that it they disagreed with me, to tell me, but if they had ethical issues with the cases I would take the hit. I realize the SJA could have reacted worse than he did at the time of each incident, but I was happy my captains were left untouched. It is hard to say no.
Anonymous/Jet Driver/Wait, What,
While the STC's comment was ill-advised, I don't think it violated any ethical standard. Believing that probable cause exists for the case to move forward is not the same as believing that the accused actually committed the offense. The former is an objective standard, the latter is a personal opinion. From the AF Rules, see also:
Rule 1.2(b) – A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social, or moral views or activities.
Rule 3.1 – A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so.
It is one thing to believe probable cause does not exist and still proceed with a trial. It is a different matter to believe that probable cause exists and yet also hold a belief that the accused could be innocent. They are not mutually exclusive. I dare say there are few cases where a prosecutor can be 100% certain that the accused is guilty. That's not the standard – it is whether the evidence supports a reasonable belief that the accused committed the offense.
I don't know KB…if I thought the evidence was iffy for a conviction AND I didn't believe the person actually did, I wouldn't take it trial. OTOH, if I thought the person actually did it, but knew getting a conviction would be tough, I might very well take it to trial but I most certainly would not tell the accused "I didn't think he did it" because if I didn't think he did it, I'd be back in scenario A and I wouldn't have taken the case to trial.
Anytime I see someone starting talking about "sins" in a legal environment, I realize further intellectual interaction with said individual is like trying to talk quantum physics with my cat.
Commanding General aka Convening authority:
* Directly participates in criminal referral.
* Overseas the SJA, which is buddy buddy rater to the Crim Law shop
* Overseas directly or indirectly and certainly has command authority over the Crim Law shop and all TCs.
* Overseas the entire base, including the Military Judge who could be summoned to see the CG in theory.
* Hand picks all members to report to Panel duty, a pool of career-minded law-and-order types predisposed to disapprove and convict (as opposed to jury nullification or disagreement with the law or rules).
* Commander by virtue of rank/base over the military defense shop.
* Commander by virtue of rank/authority over accused.
* In theory, most of the witnesses are probably subject to the CG as well.
* In a system where showing up late, talking disrespectfully, or similar things was a federal crime.
So everyone in the Court room sees the accused, and knows the CG/AU put him in that chair with these charges, overseas the Judge, the SJA, the prosecutors, the defense lawyers, and the panel.
If that's not enough direct and implied UCI, the panel needs a simple majority to convict.
If you were facing life in prison and would prefer that system, to a civilian jury picked at random who owe no loyalty to anybody and require 100% unanimity to vote to convict, you have a very interesting perspective. As it's often said, it's hard to get 12 people to agree on pizza toppings…
You said:
if I thought the evidence was iffy for a conviction AND I didn't believe the person actually did, I wouldn't take it trial. OTOH, if I thought the person actually did it, but knew getting a conviction would be tough, I might very well take it to trial but I most certainly would not tell the accused "I didn't think he did it" because if I didn't think he did it, I'd be back in scenario A and I wouldn't have taken the case to trial.
I agree with and respect that line of thinking. I wish all SVP's and TC's thought that way. I know of or have met too many who believe they have to take a case to trial to protect their Commander or Convening Authority from Senator Claire McCaskill or protect the UCMJ from being overhauled by Senator Gillibrand, even though they have very serious misgivings about the Accused's guilt.


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DK Reinemer is an actor, writer, comedian living in Portland OR. He graduated from Western Washington University with a degree in film, acting and scriptwriting titled. While attending university, DK won WWU's "Last Comic Standing" competition in 2011. Mr. Reinemer has been an ensemble member and instructor at the Upfront Theatre, an improv theatre owned by Ryan Stiles of "Whose Line is it anyway…?" since it opened its doors in 2004, and was the Education Director for four years while he helped build the "Upfront School of Improv."
DK is one half of the international touring sketch, stand up, and improv comedy duo, "The DK and Morgan Show." Performing at such festivals as San Francisco Sketch Fest, Vancouver Fringe Festival, Seattle Sketch Fest and the Chicago Improv Festival.
DK enjoys playing guitar, soccer, and knitting.
Contact DK at: dk (at) dkreinemer (dot) com

subset: commoncrawl


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Researchers have found a link between long-term exposure to air pollution and a higher risk of dying from diabetes.
Study finds link between long-term exposure to air pollution and higher risk of diabetes-related mortality
Researchers have found a link between long-term exposure to air pollution and a higher risk of dying from diabetes.
"The air pollution causes inflammation in the body which exacerbates diabetes," said Paul Peters, an analyst in the health division at Statistics Canada who worked on the paper. Areas of high pollution showed a higher risk — about 1.5 times — of diabetes-related mortality, Peters said.
The researchers — a team of Canadians and Americans from several universities and Canadian government agencies — used Canadian census mortality data from 1991 to 2001 for 2.1 million Canadian-born adults.
What they found was in those deaths where diabetes was listed as the primary cause — about 5,200 deaths in total — the individuals had lived in areas with a higher level of air pollution for 10 years or more.
Just how does bad air factor in? In the paper, the researchers refer to previous research, and suggest exposure to an air pollution level of 10 micrograms per square meter of "fine particulate matter" — made up of smoke, fumes, dust, pollen and aerosols — contributes to inflammation in the body, worsening insulin resistance and circulation problems, all of which can lead to complications, including fatal ones.
Dr. Joseph Shaban, a Windsor endocrinologist who is not connected to the study, said it's important to keep in mind that the research shows an association only, not a cause-and-effect relationship.
Air pollution is probably just one of many exacerbating factors, Shaban said. He said the paper does suggest lower incomes and access to medical specialists also influence the risk of diabetes mortality.
"I think the biggest risk for patients with diabetes is lifestyle still," Shaban said, referring to the inflammation in the body caused by poor diet, being overweight and smoking.
Nonetheless, Shaban said, the paper generates all sorts of new hypotheses that could lead to more diabetes research.
Data from Statistics Canada shows about seven per cent of the population in Windsor has Type 1 or Type 2 diabetes.
The researchers say the findings show a strong positive and statistically significant association between diabetes-related deaths and long-term exposure to low-level air pollution through everyday life. The research, published in June online in the journal Diabetes Care, is also the first of its kind to use such a large data sample Peters said.
To get accurate air pollution levels for the decade 1991-2001, the researchers used satellite information and did backward projections. Peters said Windsor, along with the rest of Southwestern Ontario, tends to have higher average levels of particulate matter (also called PM2.5) in Canada.
On the bright side, Peters said, air pollution levels are decreasing in the country, and Canadians' exposure to it is generally low.
Data from the Windsor-Essex County Health Unit show that between 2007 and 2010, air quality readings in Windsor-Essex were very good almost 90 per cent of the time, though the health unit still issued an average of seven smog advisories per year.
Poor air quality readings were due either to ozone in the air or particulate matter, which decreased between 2003 and 2010. Particulate matter readings were consistently lower than Sarnia's but higher than London's.
The study did control for socioeconomic status, income and employment — factors known to affect health outcomes — but did not control for smoking or obesity because the census data do not include those categories, Peters said. If the study had been able to control for smoking habits and weight, the mortality risk would likely have been higher still, he said.
email@example.com or on Twitter.com @bfantoni
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Shipments arriving monthly - contact us for specifics
The SnoMaster Classic Series are renowned for their rugged build quality, unbeatable performance and reliability. The Classic Series 56L double door fridge has 2 separate zones (26L and 30L) with their own doors, and has a food grade stainless steel cabinet. The 56L fridge freezer uses the world famous SnoMaster compressor which comes with a full 5 year warranty and can run of 12/24V or 240V.
The 60mm thick high density insulation which is used throughout the SnoMaster Classic Series range, combined with the SnoMaster technology means that this fridge is very efficient with an average power draw of approximately 1.3-1.6 amps per hour at 32 degrees Celsius ambient temperature.
The SnoMaster compressor also has a soft start function that protects components and a low voltage cut off that can be set at either 10V, 10.7V, or 11.8V to protect your battery.
The SnoMaster Classic Series 56L unit comes with a quality transit bag, has an LED cabinet light and an open door alarm function that sounds if the door is left open for more than 3 minutes.
The remote control which can be recharged with an inbuilt solar panel enables remote monitoring of performance and adjustment of all of the fridges functions.
The Classic Series 56L provides outstanding performance and weighs only 28.5Kg.


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If you have set up your own business, whether online or not, you are going to need the services of a good web hosting company. It is essential that your business has an online presence even if it is not actually an online business because without this, you will miss out on many customers. If you are only starting out in business then you should think about trying to find a cheap web hosting provider because that is one way to keep your costs down. Even though you are looking for a cheap web hosting provider, you will still need to make sure you get a service you can depend on and if this is the case you should bear a few things in mind.
¢ The first thing to do is to make sure that you do your research. Just because you want a service that is affordable, does not mean you have to choose one that is unreliable. Thankfully you can find a web hosting provider offering a good service at a cheaper price. Provided you do your homework, you should be able to find them. The main thing to do is to only choose a web hosting provider with a good reputation.
¢ What you want from the web hosting company is something that you need to think about. Think about whether or not cPanel or free email accounts is something that you need your web host to provide. You can't know if you are getting what you need unless you know what it is that you actually need in the first place.
¢ When it comes to choosing the right company, you need to make sure that you compare a number of different companies. If you want to make sure that you are getting a good deal and that you are keeping your costs down, then this is something that you need to do.
After you make your mind up to enter the big, bad realm of Internet Marketing, you must really have wordpress hosting or magento hosting set up beforehand – pixelinternet is a good starting point. The website hosting world could be a confusing one though for any beginner.


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Our first Charity Auction for Macmillan Cancer Support raised a staggering £1650.35
1st Charity Auction Results
Updated until the last auction on Tuesday 5th May 2015
SwearPig Total eBay Macmillan % Total
#PigginCoolPig £291.23 £10.10 £291.23 £1,650.35
#PigginWarmPig £820.00 £28.08 £820.00 £1,359.12
#StellarPig £71.00 £2.94 £64.80 £539.12
#PartyPig £31.55 £1.27 £20.70 £474.32
#ArtyPig £21.00 £0.91 £18.90 £453.62
#RockBottomPig £36.00 £1.71 £32.40 £434.72
#ICEPig £21.00 £0.91 £18.90 £402.32
#BCSPig £43.00 £1.89 £38.70 £383.42
#HeartCottagePig £42.45 £1.64 £38.21 £344.72
#AbbiePig £25.06 £1.05 £22.55 £306.51
#HammiePig £25.00 £1.05 £22.50 £283.96
#PinkyPig £32.00 £1.29 £28.80 £261.46
#MuckyPig £37.00 £1.69 £33.30 £232.66
#IoniaPig £22.01 £0.95 £19.81 £199.36
#PenguinPig £45.00 £1.73 £40.50 £179.55
#BarracudaPig £12.50 £0.63 £11.25 £139.05
#CatwomanPig £25.00 £1.05 £22.50 £127.80
#ZebraPig £58.00 £2.17 £52.20 £105.30
#SummerPig £18.00 £0.89 £16.20 £53.10
#TigerPig £41.00 £1.59 £36.90 £36.90
We have now either received the actual painted SwearPigs or confirmed via social media, that all launch SwearPigs have either been completed or will be completed very soon.
We have been asked to exhibit our limited edition charity launch SwearPigs in a local (Belper) gallery on April 11th 2015. So if you are in Belper on the day of the next Farmers Market come and say hello.
Stay in touch with us via our social media accounts to find our when the auctions will take place. Towards the end of April 2015
Here are a few examples of the numbered (20 only!) limited edition SwearPigs that will be auctioned to help raise much needed funds for Macmillan Cancer Support.
As part of our imminent launch, I asked UK artists if they would like to paint one of our SwearPigs to be auctioned for charity. From a recent SwearPig Facebook Page Post where I asked artists if they would like to get involved. I had a fantastic response, so good in fact that we can't accept any more artists at the moment!
The charity that we have decided upon will be Macmillam Cancer Support.
Why Macmillam?
Well, in September 2012 my partner was diagnosed with a brain tumour. A glioblastoma multiforme level 4 to be precise. I quit my full-time job to become a carer. Over the past 2 years my partner has been through a lot. Major brain surgery, radiotherapy, chemotherapy and more. She is currently having her third course of chemotherapy treatment. You can read a blog post about me first coming to terms with her brain tumour diagnosis here
Macmillan have been fantastic to me and my partner. They have supported us in so many ways; from support for us on the phone, to pamphlets to sorting out money issues. Thank you Macmillan!
Over the past two years I have had a little time on my hands and have been pursuing the idea of getting SwearPig off the ground. We are now getting to the stage of thinking we can actually make this real!
Latest update 03 August 2017
I am sorry to let you know that my partner lost her fight with cancer. Suzy passed away on November 15th 2015.


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Simply Sublime with Cross
Baptism & Christening Invitations
Simply Sublime with Cross, Item# CI7219
Note: Sparkles are simulated and will not light up.
Simply Sublime with Cross, Item# CI7219
Note: Sparkles are simulated and will not light up.
Simply Sublime Reply Card Set
Simply Sublime Thank You Card
Simply Sublime Envelope Seals
Simply Sublime Return Address Labels
Driving Directions Insert Card
Godparents Insert Card
Simply Sublime Postage Stamps
Place Card
Personalized Christening Beverage Napkin 1
Personalized Christening Luncheon Napkin 1
"Simply Sublime with Cross" features a lovely optional cross and a variety of detailed multi-colored foliage sprays which seem to be swaying gracefully on the left side of this dynamic design. Multiple color options available. Beautiful and elegant!
You will be able to select the typestyle and ink colors to use for your personalized text during the design process. Start by clicking on the green 'Personalize and Continue' button. We recommend using the default typestyle and ink colors.
|Estimated Postage Required:
|$0.55 stamp - if other items are not added into the Envelope. Click here for additional postage information.
|Item Type:
|Flat Card
|Card Dimensions:
|7.5" x 5.25" (W x H)
|Printing Process:
|Digital Press
|Paper Weight:
|Multiple Stock Options
|Typestyle Shown:
|Calli and Zapfino
|Matching Ink Color:
|White Envelopes included. Printed return address and/or Calligraphy is available for an additional cost.
|Inner Lined Envelopes:
|Inner Lined Envelopes available for an Additional $.40 each. Choose from 20 different colors.


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Arlethia Live At Cafe290
The NY Daily News said "she has a classically trained voice powerful enough to hold a crowd..." Arlethia delights the crowd at Cafe290 in a moving presentation of "He'll Work It Out."
Arlethia Spreading The Gospel in New York
Excerpted from the musical documentary, Gotta Serve Somebody featuring an ALL-STAR cast of of Gospel legends, Shirley Caesar, Dottie Peoples, The Mighty Clouds of Joy and Arlethia, The Lioness of Gospel Music.
Arlethia Leads Gospel Choir at Mt. Carmel Baptist Church in Atlanta
The PBS documentary, Legacy: Being Black In America, featured Marian Wright Edelman, Condolezza Rice, Wynton Marsalis, Ice Cube, Andrew Young and many other powerful members of the Black community. Arlethia leads a choir from Atlanta in a powerful rendition of "Somebody Oughta Testify" in the closing credits.
Arlethia Roars In This One Take Recording
The Lioness of Gospel Music puts her powerful voice on full showcase in this roaring rendition!


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Dr. Clayton ChristensenProfessor at Harvard Business School
Dr. Christensen, a professor at Harvard Business School, is acknowledged as one of the world's leading thinkers on innovation. His research has been applied to national economies, Fortune 50 companies, and to postsecondary education in America. His seminal book The Innovator's Dilemma outlined his disruptive innovation frameworks and was a New York Times bestseller, ultimately translated into 25 different languages. Dr. Christensen is a four-time recipient of the McKinsey Award for the Harvard Business Review's best article. In 2008, he founded Innosight Institute, a non-profit think tank to further examine and apply his frameworks. In Disrupting College: How Disruptive Innovation Can Deliver Quality and Affordability to Postsecondary Education, he and his colleagues offer an analysis of the current challenges to higher education and a powerful set of insights that provide "a language that allows people to come together to frame these challenges in ways that will create a much higher chance of success."


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- Fiery
- Let yourself go
- Latino
Expression with Latin rhythms
Fuego is Spanish for fire, which represents the passion and expression of this session. At Dance fuego, you will encounter Latin rhythms. The choreography can be inspired by salsa, mambo, rumba, flamenco, samba, merengue, tango and the cha-cha-cha.
Dance fuego is full of feeling. You will be working on your conditioning and coordination without really thinking about it. Drawing inspiration from the music and with the guidance of the class leader, you can really express yourself in a range of playful choreographies. Each tune has its own individual attitude and character. You don't need any previous dance or training experience. It is your joy of movement and your expression that counts. Find your passion for dance.
Trying for the first time? Just turn up.


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Karma, Nagina, Naam were the top grossing movies in the theaters for 1986, with Karma grossing at Rs. 16.0 crs. Ironically, what is considered, as the birth year of home-entertainment, almost killed the film industry. The success of films upto 1986 was followed by a general down-turn in the film industry, primarily on account of pirated video cassettes and later CD/DVDs in the home-entertainment segment.
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It was not until this century that the film industry (and thus the movie section of home theater), started bringing about commercial success into multiplexes. "3 idiots" in 2009 topped the box office with the collections of Rs. 326 Crs.
While mainstream movies still rely on high-end cameras and studio equipment, recent commercial success of movies like Tarnation (budget $218/Gross $592,000), Paranormal Activity (budget $15,000/Gross $1M on worldwide rights) — have proved that the power of making movie content is now available to general masses.
In 1986, movies had very recently entered the homes, through the VHS (VCP/VCR) format. In the neighborhood, a few 'elite' members owned this and were obvious talk of the town. VCD standards had to wait till 1993 to be created, but were an instant hit, its success can be gauged from the fact that in the year 1997 in China alone, more than 8 million VCD players were sold. After 3 years of test run in western world, in 2000 DVDs finally entered the Indian market and it paved way for integrated (books, music, movies) and interactive format of video.
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While prototypes of Blue Ray existed since 2000, it was not until 2006 that they were introduced in the market. "Fifty first dates", "The fifth element" were one of the first titles to be released in 2006. In this year, when the Blue Ray players were costing were touching almost Rs. 20,000, I chose to buy Sony Play Station 3 — a gaming console with an inbuilt Blue Ray player. For my disk-based media media players are effective means of sharing and viewing the media files.
My Play Station 3, powers the 60" LED TV along with the integrated 5.1 channel sounds, still resides gracefully serving many hours of home entertainment. Additionally, (discussed later in this article) using a media player — xbmc, I can ensure that all my movies are shareable across the home to all members of family.
Not ice cream parlors, not outside movie theater, in 1986 my favorite hang out used to be one "Chander Photographer" about 2 streets away from my home. I was fascinated by the "Dark Room" and in my tenure as an informal apprentice, had made several visits to Chandni Chowk to get the chemicals required for processing my own photographs. Who better to teach you than the friendly neighborhood shop-owner. The color roll films were just becoming affordable and my monthly pocket money got me 36 shots in a month, and one had to figure a way to catch all your snaps within this given number. The shooting spree lasted for about one week (with one roll) and about 2-3 weeks later I was able to get about 20 odd 'passable' snaps. Neatly, we would put them away in photo-albums to adorne our living rooms.
A lot has changed in today's world. The point and shoot digital cameras and the D-SLRs cameras, instant take and retake, affordable re-takes, have all pushed the art of photography; out of the 'dark-room' and into the common man's hands. Now, I have more to practice and choose from. Erstwhile esoteric aspects like Macros now find main stream use. As a photography junkie, I am thoroughly enjoying the power in my hands.
Interestingly photographs, that were hitherto not necessarily a part of home entertainment, has now converged along with movies, TV shows, games and music. The latest gizmo I have is the WDTV-live, that not only plays a host of media, but also hosts the pictures in a cloud — and allows me to use an Android client to carry more than 100GB of photographs on my handy mobile phone! The world is my living room now.
Walkman had become so popular that it officially entered the Oxford English dictionary exactly 25 years ago. It would not be wrong to say, that I had lusted for a Walkman in my growing up years. And I was not alone, more than 30% people surveyed then, said their exercise regimen increased significantly by the use of Walkman. But that was that, in the ensuing years, images of young folks swinging to a huge 'boom-box' on his right shoulder became the mainstream of music-entertainment. The period between 1990 to 1995 saw many audio formats trying to establish supremacy, but the common language of mp3 was born in 1998. Since then, mp3 has reigned with comfort.
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The usual catching up game of recording device vs the playing device has been on for some time. While the playing system has now grown to upwards of 7.1 channels in the home segment, the content availability of this format is still largely divided into stereo and 5.1 channel format. Some purists believe that the current affordable home theaters (within Rs. 20,000) do not give pleasure to a discerning fan of music. However, the current music systems in the range of Rs. 12,000 to Rs. 15,000 definitely fit the bill of more than 80% of people and almost 95% of the available sound content. Blue-tooth, and falling memory prices (thus usb memory sticks) are pushing the connect technology beyond the one big home theater concept. Many mobile phone models available today, boast of high performing audio. Combine it with reducing memory cost and you have a nice content based personal mobile system. In today's world, one of the features that many of us hunt for — when buying a car — is whether it has a blue-tooth based music system.
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In the new world of easy access to technology, creation of music has increased manifold — cutting an album, is no longer in the realms of high end studios. Several tools, at home enable you to produce some very professional sounding music, that can entertain millions, all you have to do is to know how to leverage the Internet.
My home theater choice was determined by the ability to have network connection and Bluetooth integration.
However, at my home, democracy is over-rated. My wife and two daughters seem to have more than the equal votes in the house. And hence, one home theater did not cater to different choices in music each of us had. Thus, a better design was expected for the music lovers.
The DIY kit for Personal Music System for Each Family Member
Storage – NAS (with disk) — Approx Rs. 5,000
Media Server — (Built in on the NAS server) essentially DLNA player. – Nil
Network: One swtich and simple wifi access points — Approx Rs. 4,000
Sound devices — IP Radio box in kitchen and shower – Approx Rs. 4,000
Sound devices — LED TVs that can play network media.
Personal play devices — Each of our phones
With the above setup, we have more than four channels being 'aired' always from the central music repository. Each of us maintains our own play list, music files in one common, but virtually separated server. The kitchen and rooms have a Wi-Fi based IP Radio devices (available for around Rs. 2,000-5,000 each, on any online store). Depending on the mood and choice, one can switch to any channel of his/her choice. Additionally, since most of our mobile phones also connect to the home network, one can also 'plug-in' the mobile phones to this network and enjoy the same. In the master room, the home theater also picks up the same, through its network and thanks to the new generation TV sets, now they can too play the music wirelessly through the network. And so, Mobile phone, TV, Piped music in kitchen, main home theater in the main room — all can play multiple personal channels. Of course, they still have the ability to play any of the roughly 10,000+ IP radio channels any time.
TV Shows
The first Indian soap opera "Hum Log" was two years old, and immensely popular, it had to be – it was the only TV soap opera on the only channel. (Trivia: Krishi Darshan is till date the longest running show in Indian history — started on 26th Jan, 1967)
Much later in 1991 the Indian Government allowed the entry of private broadcasters to operate in India and since then India has never looked back. International content (like HBO, Star World, Disney channel) entered Indian markets in the early 2000 and the choice palette changed in India forever. India today has world's largest available TV channels — more than 550, as of early 2011 and it is continuing to grow.
Once watching Chitrahaar, Samachar, Mahabharat were a family affair, today, one tries to catch the various programs, while keeping up the daily routine — thus scheduling of recording, re-play of the last week's programs are becoming more and more relevant. The recent advent of High definition TV channels are taking shape.
During this journey — the reception in TV started with FM radio waves and skeleton looking TV antenna used to adorn all house tops. With the advent of cable TV, in 1993-94, TV antennas fell out of fashion — specially in urban India — only to be replaced by DTH satellite dishes in late 2000.
Broadcast technology
-HumLog — 480i (SDTV) – (1984-86)
-Kyunki Saas bhi kabhi bahu thee — (2000-2008) 560i (SDTV)
-World Cup Finals — 2010 — 1080p (Full HDTV)
-Prototype demoed in Las Vegas (2006) — 2014 (?) – 4320p (Super Hi vision)
The fiber and burgeoning Internet bandwidth in metros also laid a fertile ground for IP TV, that is gradually gaining a lot of popularity. In fact, many online services now offer TV channels on IP network. Propelled by Satellite TV and IP TV, Video on Demand is yet another element that will change the way we view the TV.
As mentioned earlier in this article, user generated content is the new mantra today and as time goes by, more and user content will be available for viewing. Technology has once again opened the gates of creativity and extended it within the reach of common man.
The modern day challenge is not that of accessing the TV channels, but how do you integrate and play the same. Multiple and ever evolving video formats, compound the day to day challenges. Keep in mind, that the required solution needs to be so simple that even my grand-mother can watch it, without calling for help.
Building modern day home theater player
Content: TV Shows, Movies, Photos, Music, Online services — YouTube, Flickr, etc, weather information.
Sources: Stored from disk, USB, CD/DVD, IP TV, internet radio,
Destination device: Normal TV, HDTV, Mobile phones, Computers laptops, IP Radio devices
Sharing: Within home, From-internet, to-internet, Sharing status, likings.
Screen type — 4" mobile screen, 40"-60" LED TV, 12-19" Laptop/Computer screen, 7"-10" Tablets.
Using media players such as XBMC (Trivia: Xbox media center started as an application for MS based Xbox. Over time, the open source community chipped in — as of now, Microsoft has discontinued support for XBMC, however, it continues to be developed and managed in open source world and is one of the most popular media players), Boxee can not only integrate the multiple formats of video, but also multiple types of content. XBMC gives you an absolute theater like experience and is extremely useful for watching TV shows, Downloaded (or DVD) movies, music, photos, on-line services etc.
Exactly 25 years ago, one saw the birth of Home entertainment. Little did we realize, or imagine the extent to which it would evolve.
As you can see, last twenty five years, technology has indeed helped bring the religion of Home Entertainment from the select few to the general masses, a trend, that will continue to mature as the next years go by.
So stay tuned – your home is the next destination of the future technology in Home Entertainment.


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Don't Worry, The FDA Will Save Us!
What about these bizarre turnings all of a sudden against all our painkillers? And while serious questions are being raised about the safety of them, one hears some doctors on TV shrugging and saying there was little reason for the existence and prominence of Vioxx and Celebrex to begin with, that Advil and Tylenol were effective enough against these pains for many people? Now what's that about? They weren't talking like that before. Have the pill-peddlers in fact promoted and advertised us into believing we can't live without these medicines? Are we that stupid or controllable by ad agencies? I know that the pharmaceutical companies can trot out droves of well-paid (ahem) doctors who'll testify to why we NEED fancy pain-killers and I know the reasons and ulterior motives why the companies would want them to say it, but why are these other doctors going on TV and saying, in effect, "Don't ask me why they were developed or how we got so hooked on them, the others are just as good." And why did the FDA scientists and desk jockeys fall like dominoes for this bullshit instead of doing their duty and warning the public about the risks?
It's my opinion that we ought to cut to the chase—just burn the FDA to the ground in broad daylight and then shoot the sonsabitches as they come running out with their hair on fire. The same goes for the facilities and CEO's of the pharmaceutical companies. Kill them, dammit! They are clearly murderous and incompetent bastards if this is the kind of science they're practicing for the good of the American consumer. In brief, they should be eliminated from the face of the earth, and the next crowd of greedy bastards who comes along will have a little something practical to MAKE their shriveled consciences stay alive. I'm no expert about chemistry or science, but I know what a good kick in the ass or a bullet whizzing past their ear will do for jerkoffs who've never been held accountable. I'm sorry to say that our country, particularly within our government, has forgotten how far a few executions might go toward making bureaucrats and business executives stop acting as if nothing matters. You can tell me I'm crude, but I haven't killed or injured anyone like the pill-peddlers have.
Okay, I lied about shorter posts. I meant to do it, but I just got mad about this particular thing!
" If you don't know where you are going, any road will take you there.." Lewis Carroll, Alice in Wonderland


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Asia markets rally with US stocks as tax cut hopes boost dollar
Asian markets on Friday tracked another record close on Wall Street following more buoyant US data and hopes for tax reform, which has also boosted the dollar and fuelled expectations of further gains.
As the Labour Department prepares to unveil jobs creation figures for September, traders were given a positive bump Thursday with figures showing improving factory orders, jobless claims and exports.
The news came as US lawmakers passed an outline budget plan, providing some optimism that Donald Trump's key economic pledge to cut taxes could come to fruition.
Analysts said the figures could indicate strong growth for the US economy in the third quarter.
All three main indexes in New York closed at all-time highs, with the S&P 500 notching a sixth-straight record — the longest streak since 1997.
And the rally extended into Asia, where Tokyo's Nikkei ended the morning session 0.3 percent higher, while Hong Kong added 0.2 percent — putting it on course for its highest finish in 10 years.
Sydney put on 0.7 percent and Singapore climbed 0.2 percent, with Manila more than one percent higher.
Comments from International Monetary Fund head Christine Lagarde that "the long-awaited global recovery is taking root" provided for further optimism
The dollar maintained its strength as dealers contemplated Trump's tax cuts passing through Congress and remarks from top Federal Reserve officials indicating another interest rate hike before the end of the year, with the possibility of more in 2018.
"Inter-party (Republican) squabbling has subsided as the US House has taken essential steps setting the stage to roll out a determined tax-overhaul bill which should pass without Democratic backing," said Stephen Innes, head of Asia-Pacific trading at OANDA.
The greenback was also given some help against the euro by Spain's ongoing crisis with Catalonia threatening to break away, which has seen the single currency sink to around $1.17 — having topped $1.20 just two weeks ago.
The pound came back under pressure as the future of prime minister Theresa May, whose much-anticipated Conservative Party conference speech this week ended in disaster, is called into question.
There are worries that her removal could spark fresh uncertainty in Britain as it negotiates with the EU over leaving the bloc.
– Key figures around 0245 GMT -
TokyoNikkei 225: UP 0.3 percent at 20,679.18 (break)
Hong KongHang Seng: UP 0.2 percent at 28,447.64
ShanghaiComposite: Closed for a public holiday
euro/dollar: UP at $1.1710 from $1.1706 at 2130 GMT Thursday
Dollar/yen: UP at 112.84 yen from 112.83 yen
Pound/dollar: DOWN at $1.3101 from $1.3115
OilWest Texas Intermediate: DOWN seven cents at $50.72 per barrel
OilBrent North Sea: DOWN 11 cents at $56.89
New YorkDOW: UP 0.5 percent at 22,775.39 (close)
LondonFTSE 100: UP 0.5 percent at 7,507.99 (close)
Category: FinanceAsia


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Yes you Romance fans, you'll be happy here. And you non-Romance fans, hey, it's book 3, it's time.
There is quite a bit of setup for things that need to happen later in the series, but it didn't feel like a "middle book" to me. More like the continuation of the runaway train that has been Jess' life since she first shifted in book 1.
The action is back in the city, with Jess returning to her hometown just as her friend Marcy has been kidnapped by sorcerers. Marcy's aunt, Tally, is willing to feed Jess to them to get Marcy back, and as one of the most powerful witches in the country, she would be a formidable opponent. Jess has to make new alliances quickly, outrun sorcerers and demons, and keep running for her life. This takes her to New Orleans and the queen of the vampires who has her own designs on Jess.
I've said action a couple of times, but I should add more: action, action, ACTION! It really doesn't stop, and Jess barely has time to think, something that is going to bite her in more ways than one, I'm afraid. She has her mate, her family, her friends and some new allies, all of whom she will need.
I really liked what is happening with Ray. His character arc keeps getting more interesting. Naomi and Danny are still among my favs. I also like Jess and Rourke together, especially that while he is protective, he also gets that she is strong.
I also love the broader view of the various supernaturals we get here, in particular the witches and vamps. The world is expanding, the stakes are rising, and I have a feeling in book 4 the action will be explosive.
We definitely need book 4 (thank you recent book deal where we get at 2 more books in this series), because we are left with a big problem at the end. I can't wait to read how Jess claws and bites her way out of it.
Now on to the GIVEAWAY! Enter the Rafflecopter below for a chance to win. Thanks, Amanda!
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Feel The Love
Another group of aboriginals is the maori of New Zealand. Delicate movements and chanting music are used to convey the love between two teams Prior to an athletic event. Haka (fire words) The first video demonstrates this choreographed event between two opposing teams prior to a match. The first is a Haka (Harmony And Kindness Always) In a match between patea and tonga. The deeply moving rendition of "I'm gonna cut your dick off and stick it in your ear" is answered contrapuntally by the melancholy "I'm gonna tear your head off and shit down your windpipe" performed by the paete blacks and the tonga reds. HakaTonga . The next is a performance by the ladies titled "I'm gonna twirl your severed testicles around and feed them to the dogs" Poi E This subtlety is lost on the westerner, however, as seen in the match between New Zealand and Scotland. HakaScot Attempts to emulate this spiritual rite seems to lose the delicate nuances inherent in the language of the Maori. HakaAussieI had the good fortune to visit New Zealand, I wish I had more time. I only spent an afternoon at patea and was sitting in the grass watching a performance of Poi e, No they're not really the severed balls of enemies but white flowers similar to a carnation. Twirling is supposed to bring love. I wish i had more time. It looked fascinating. The Maori Click on the link below the video to get a history of the Maori. It's a shame these guys never tangled with the Vikings. It would have been glorious.
"Be Strong, be brave, be steadfast and sure"
"for god is our shelter and he is our strength."
One Response to "Maori"
Taht HakaScot is hilarious, good on ya mate. I love it


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In case you've been living under a Boldore this past week, the UK and much of the developed world has been swept into a frenzy by a mobile app that involves people walking into strange places they would never normally explore to catch virtual monsters.
[Image credit: Tumblr.com]
This app – Pokémon Go – needed less than a week to steal Candy Crush's crown as the most popular mobile phone game ever, with more daily users than Facebook and Twitter.
Like all overnight phenomenons, the concept is relatively simple. The game uses the GPS location of a player's smartphone to place them on a Google Maps-based digital interpretation of their surroundings, which are populated by randomly generated pokéstop, gyms, and wild pokémon.
It also uses the smartphone's camera to superimpose cartoon beasties over your real world environment that you then fling pokeballs at in an attempt to capture them. Like this:
Yeah, it sounds kinda juvenile for people like me that have a mortgage, a full time job and a real life child to worry about. But Athletico Madrid's Antoine Griezmann is a fan and if it's good enough for Euro 2016's highest scorer…
Experts are calling it the first significant step for augmented reality and what you're here to find out is what can marketers do to utilise this pioneering technology?
'Not very much' is the unfortunate but brutal truth; at least as it stands. The game may have created a huge buzz and captured imaginations but in its current form, the app is bafflingly limited and feels like it has been rolled out too soon with some glaringly obvious functions absent.
For a game that has sparked so much healthy and positive social interaction, there are barely any social media functions built-in. In fact, aside from logging in via your Google account – which isn't strictly required – that's it.
Of course, gamers have worked around this by giddily screenshotting their smartphone whenever they find a Pokémon trying to sneak into their bed and uploading the image manually, but it feels like developers Niantic have missed an open goal by not including any social sharing function. Either that or the app was rushed out, and going off comments from Niantic, we're tempted to believe it's the latter.
The company has already confirmed that 'sponsored locations' are on the way, which'll let paying businesses make their location a pokéstop or gym in a bid to attract new customers. But aren't these the kinds of features that should have been there from the start?
You can already request for your property to become a pokéstop/gym or be removed in some cases but successful applicants rely on the sympathy of the Niantic gods.
Get Inventive
Ultimately, this means unless your company has a publicly accessible, bricks-and-mortar outlet, Pokémon Go doesn't provide much in the way of obvious marketing opportunities, so that's where you have to get inventive.
Domino's Pizza has come up with this imaginative clip where a Pokémon Go player captures an especially rare 'pepperoni passion'.
Meanwhile, businesses have been ramping up footfall by placing lures to attract Pokémon. At 100 pokecoins (or 79p) for one lure module which lasts 30 minutes, that can be pretty cost effective. Gesa Credit Union, not a business that'd particularly benefit from hoards of teenagers landing on their doorstep, got in on the act by doing just that.
Which locations have become pokéstops and which haven't has mostly been down to random luck, but the fortunate ones have been capitalising by advertising the fact on their own social channels or with good ol' street boards.
Some businesses have been offering discounts to certain Pokémon teams. Example: '10 per cent off for Team Valor'. Granted, Team Instinct and Mystic will be slightly miffed but it could be a risk worth taking.
[Image credit: imgur.com]
Limited timeframe
Especially considering how mobile games can nosedive in popularity once the initial hysteria is over. Remember Draw Something from 2012? Just a month after Zynga bought the Pictionary-based app for more than $200 million, a third of its 15 million daily users found something else to do.
These days, you'll find the one-time most downloaded app languishing around in and around the top 500. Words With Friends – also a former chart topper – has aged a little better, making the occasional cameo in the iOS top 150.
Smartphone games can be very flash-in-the-pan and there's the real risk that the Pokéball could burst before the app's true marketing potential can be realised.
Read More


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The Alienist: Get to Know the Cast
TNT's The Alienist premieres soon, so why not take a moment and get to know a couple of the stars? Meet Dakota Fanning and Luke Evans.
The psychological thriller, set in 1896, follows the investigation into a series of gruesome murders of boy prostitutes. Newly appointed top cop Teddy Roosevelt calls upon Dr. Laszlo Kreizler (Daniel Brühl), a criminal psychologist—aka alienist—and newspaper illustrator John Moore (Evans) to conduct the investigation in secret. Joining them in the probe is Sara Howard (Fanning), a headstrong secretary at Police Headquarters.
Be sure to join in the terrifying hunt when The Alienist premieres January 22 at 9 p.m. ET.


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The Alaska Division of Motor Vehicles (DMV) requires anyone applying for a learner's instruction permit or driver's license to successfully pass a written knowledge test. The exam is made up of multiple-choice questions that cover about safe driving practices, highway sign recognition and traffic laws.
Click here to ask your driving related question.
What tests must I pass?


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They can make them in any shape and for any occasion, and they are really cute! Again, this is a favor that you know your guests can and do actually use!
Aren't they beautiful!!
Shelly great! These pictures are very cute, lovely to find your blog.
Sample Messages
nice gift registry, this gifts are presented to the wedding couples. important ceremony only like use gifts. the wedding people are mostly like to buying this costly gifts to present him. there are many gifts site is there. the most top wedding accessories site is few, like wedding planner.
Amazing collections but do u feel its enough, i don feel so if u too feel the same use wedding planner wer u can get more amazing collection than tis.


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Mr. Bird passed away over a year ago but his life is a marvelous example to our family! He was active and vibrant to the end! My Dad and Mr. Bird were law partners so I knew him my whole life and I'm really glad my children were able to enjoy this darling man through our annual summer trips to Sun Valley.
Mr. Bird graduated from Harvard Law School in 1933 and practiced law in Salt Lake City for over 75 years! When asked the secret to his longevity he said he wasn't really sure but thought that exercise helped and added: "I have a good diet. I don't drink. I don't smoke. And I've done a lot of church work and community work." (Deseret News article)
One of the highlights of past Sun Valley vacations was Mr. Bird. We loved to ask him questions like: "Did he drive up? (it's a 5 hour drive) "Was he going to Golf this year?" (at age 100) "Does he still come into work every day?" Answers: "Yes," "Yes," and "Yes!" Remarkable! Webb loved to check out Mr. Bird's pants annually (see photo). It's the fashion polar opposite of sagging jeans! The waistband nearly reaches his shirt pocket! What is it about elderly men and their high rise pants?
Whenever my Dad (age 80) was asked about retiring from his law practice he would joke that his two senior partners, Mr. Richards and Mr. Bird, were both still practicing in their 90's and beyond, so retirement didn't look like it was an option in their law firm! But, seriously, how lucky my Dad was to have men who kept working because they enjoyed staying active, busy, and learning their entire lives! Now, Mr. Richards and Mr. Bird are gone but my Dad has continued the legacy. My Mom likes to joke that "slowing down" for Gramps is working six days a week instead of seven!
"Retirement kills more people than hard work ever did." -Malcolm Forbes


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For over 70 years, the Swiss hearing aid manufacturer has been setting new standards in the development of state-of-the-art, innovative hearing aids to match every budget, age, lifestyle, and type of hearing loss.
Phonak Audéo™ Marvel
Game-changing sound clarity and streaming options for unbeatable connectivity. Read more about the Phonak Audéo™ Marvel.
Phonak Virto B-Titanium
Taking Super Discreet to the Next Level. Read more about the Phonak Virto B-Titanium.
Phonak Virto B
A small but powerful hearing aid. Read more about the Phonak Virto B.
Phonak Belong
An advanced hearing aid with rechargeable technology. Read more about the Phonak Belong.


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Origin : USA
Ingredients: Organic Coconut Oil, Organic Palm Oil, Organic Safflower Oil Glycerin (kosher, of vegetable origin), Purified Water, Sodium Hydroxide (saponifying agent), Sorbitol (moisturizer), Soy bean protein (conditioner)
Our Melt & Pour Glycerin Clear Soap Base sets a new standard for "standard" glycerin soap base. It is crystal clear with no odor and is made from ALL VEGETABLE OIL. Glycerin, a natural emollient, draws moisture out of the air to benefit skin health. It cleanses without stripping or upsetting the delicate natural pH balance necessary for soft, healthy skin. And, since we don't use animal oils, our soap rinses clean and leaves no soapy film behind. All our soap bases are produced from the highest quality double distilled and deodorized clear coconut oil, forming luxurious lather and sparkling clarity.
The clear soap base offers a crystal clear bar of soap, and is great for using with inserts. You can use sprigs of natural herbs, like lavender, small toys for specialty kids' soaps, or any other insert you like.
The soap base is also great for making aromatherapy soaps; since the soap base has been deodorized, the wonderful smell of your favorite essential oils fragrance the bar. Also, deodorizing the glycerin allows you to use less essential oil, saving time and money.
• Highly moisturizing formula
• No artificial colors added
• No animal testing
• 100% Vegetable base
• Biodegradable
• Very clear and transparent
• Colorless for excellent color saturation. Wide temperature ranges, from 140 F to 180 F
• Odorless base for a superior fragrance lift
• Neutral pH of approximately 7.8
• Compatible with wide range of fragrances
Caution: When making soaps it is good to remember that the Melt & Pour Bases contain water as part of the formula. So if they are left exposed to the atmosphere, the water will evaporate and the bar of soap will shrink. We would recommend fully wrapping the ENTIRE soap bar as soon as it is poured and cooled--this should minimize/eliminate any shrinkage.
IMPORTANT: All of our soaps products are for external use only.


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Thursday, August 1, 2019
Yorkshire Day 1st August 2018
August 1st is Yorkshire Day, a celebration of all things Yorkshire! At the Secret Smile studio in Morley, Leeds, West Yorkshire my most requested prop is the specially made newborn sized flatcap in a fabulous brown tweed fabric. The hat is lined so it is soft on your baby's head and we sometimes use it for baby girls as well as baby boys (we add a little flower to make it look a little more girly).
I thought I'd share some recent images from newborn shoots where we used the flatcap. To book your newborn shoot email email@example.com or drop a message on WhatsApp to 07760 887946.
So bring out your Yorkshire and book in at Secret Smile Photography for you newborn portraits today. Book here or email email@example.com to discuss.
|Love Lisa x
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News comes that Bruce Davison has recorded the voice for President Wilson in Warner Brothers Animation film "Justice League: Crisis on Two Earths" releasing on various home video formats on February 23rd.
iesb.net caught up with Bruce during the recording sessions and asked him a few questions, one being our fav:
QUESTION: You've done so many different things. What do people most often recognize you for?
Well, if they're my age, probably Willard, because that was an impressionable movie when you're young. The younger people know me from X-Men. And then if you're 12, it's Knight Rider. It's as though every few years something comes along and then I'm sort of remembered for that. But people don't really know that I can do anything else until the next time.
It's nice to hear confirmation that a new generation did watch the show, and have the cast think positively on that. You can read the rest of the interview on their website.


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Updated at 1:15PM
Trish has honored me with the Mwah! Award – I'm terribly flattered!! Thank you, Trish – and answering your question was my pleasure.
Today is a new day, and I just know I am going to get on the upside of this bug that has knocked me flat on my back. I feel quite remiss in acknowledging some very nice awards over the past week.
Teddy at So Many Precious Books, So Little Time handed me the Make My Day Award. Thank you, Teddy!!
And Bonnie at Bonnie's Books awarded me the Excellent Blog Award – I'm afraid I am terrible at speeches *fumbles with notes*, but Thank You Bonnie!! I know I am supposed to award this to ten excellent blogs. I hope you'll forgive my copping out a bit and saying that I read nothing BUT excellent blogs! To find them, simply go to my right side bar on this blog and scroll down.
In other news, I am strongly considering dropping some of my challenges – the problem is figuring out which ones to drop. I've quite over extended myself and yesterday looked at my lists and thought 'How ridiculous, Wendy, you can never read all these books in this time frame!' I'll let you know my decision in a few days…
Most of our snow has melted, and the days are getting longer. That can only mean Spring is on its way – I can't wait until the tulips start poking their pretty heads through the soil! How about you? Ready for some Spring weather?


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The cloud has become a go-to for storing information for many companies and individuals. However, the newest technology has been prone to massive failures. WebsiteHostReview.com has created an infographic entitled "The Dark Side of the Cloud", detailing just a few of the cloud's worst mishaps.
Web Hosting
Hosting Services in the United States [Infographic]
Webhosting statistics performed in infographic style now: creative pictures plus modern webhosting ratings to help people catch facts simply to make the right choice.
A History of Free Web Hosting [Infographic]
The internet has come a long way in the last few decades, and one of the things that has evolved along with it is web hosting. Not too long ago, web hosting was a privilege of companies with deep pockets, and that led to a rise in all kinds of free hosting services. It's amazing […]