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2006 Mazda Mazda3 Reviews and Ratings
Sedan 4D i
Expert Reviews
The Mazda 3 is a roomy, affordable compact with spirit. It has a sporty demeanor and is fun to drive. The Mazda 3, or Mazda3 as company renders it, is available as a neatly styled four-door sedan or as a more adventurous five-door hatchback.
The sedan has a sweet, rounded shape and smooth, cohesive design. The five-door looks more aggressive, and provides a lot of utility with its hatchback design and folding rear seats.
Quick, nimble handling makes these cars fun to drive on twisty country roads. The Mazda 3s features a free-revving 2.3-liter engine that delivers spirited performance. The 2006 Mazda 3i benefits from increased power this year from its 2.0-liter engine. The five-speed manual transmission shifts beautifully and there's an automatic available with a manual-shift feature.
These are comfortable, friendly cars with terrific seats, big electroluminescent gauges (on 3s), a huge glove box and excellent attention to detail. Premium sound systems and luxury options, such as a sunroof and leather interior, are reasonably priced. A Mazda 3i Touring with leather, sunroof, and a CD changer stickers below $20,000.
Side-curtain airbags and anti-lock brakes are standard on some models and available on all, enhancing safety.
Two engines are available, both four-cylinders. Mazda 3s models come with the larger, more powerful 2.3-liter engine, and are available as a four-door sedan or five-door hatchback. The Mazda 3i available only as a four-door sedan comes with the smaller, 2.0-liter engine.
The Mazda 3i 4-Door sedan ($13,710) comes with wind-up windows and manual door locks, four-speaker AM/FM/CD audio, tilt and telescope steering wheel with audio controls, 15-inch steel wheels with 195/65HR15 tires, side repeater lights, and a stainless steel exhaust system. A five-speed manual gearbox is standard, a four-speed automatic transmission ($900) is optional. Air conditioning is optional ($880) and comes with a pollen filter.
The 3i Touring sedan ($15,990) comes standard with air conditioning with the pollen filter, plus power windows, locks and mirrors; remote keyless entry; cruise control; a height-adjustable driver's seat; and six-speaker audio; and 16-inch cast aluminum wheels with more aggressive 205/55HR16 tires.
The Mazda 3s sedan ($16,880) and 5-Door hatchback ($17,370) come with the more powerful engine; all of the i-Touring equipment, plus anti-lock brakes (ABS) with Electronic Brake-force Distribution (EBD); variable-intermittent windshield wipers; leather-wrapped steering wheel and shift knob; brighter interior upholstery and trim; electroluminescent gauges that adjust for intensity; and delayed courtesy lights. A five-speed manual transmission is standard, and a five-speed automatic is optional ($950).
The 3s Touring sedan and hatchback list the same manufacturer's suggested retail price ($17,615). They start with all 3s equipment and add side-impact and side-curtain airbags; side-sill extensions; and 205/50VR17 tires on 17-inch alloy wheels.
The 3s Grand Touring sedan and hatchback ($19,165) add heated leather seats, automatic climate control, trip computer, xenon headlamps with automatic on/off, rain-sensing front windshield wipers, a tire-pressure monitor, and a more sophisticated security system.
An option package ($890) combining a power glass sunroof with a six-CD changer is available for 3i Touring, 3s, and 3s Touring. For the 3s Grand Touring only, Mazda packages the sunroof and six-CD changer with a 222-watt Bose premium sound system ($1335). DVD-based satellite navigation ($1750) is also available on 3s Grand Touring only. Leather seating is available ($590) on 3s Touring. Spoilers, cargo mats, fog lights, stereo upgrades, and an auto-dimming rear-view mirror with Homelink are available as dealer-installed accessories.
Safety features include dual front airbags that sense the driver's position and the weight of the front passenger. Side-impact and side-curtain airbags are standard on 3s Touring and 3s Grand Touring. Optional safety packages add the additional airbags to the 3s ($245) and full airbag protection and ABS to the 3i ($395). ABS with EBD is standard on all 3s models.
Both the 3i and 3s are available as Partial Zero Emissions Vehicles (PZEV) in California, New Hampshire, Massachusetts, Vermont and New York. The no-cost option trades 5-7 horsepower for significant reductions in emissions. All Mazda 3 models meet Tier II Bin 5 Federal standards for near-zero evaporative emissions.
Whether four-door sedan or five-door hatchback, the Mazda 3 is a wonderful car to walk around. The four-door and the five-door share no body panels. This represents what Mazda is known for: innovation and the risk that comes with it. When you look at the two cars, you can see that the styling of each nose would only work with its own tail. Grafting a hatchback onto the nubile nose of the four-door would never do. The five-door needed an edgy proboscis, which it got. It's uncommon for a manufacturer to go to the extra expense of tooling more panels than absolutely necessary for a second body style, but Mazda set a high styling standard for this car.
The four-door sedan has a sweet rounded shape forward of the A-pillar. Mazda's trademark wedge grille has body-color horizontal bars on the 3s, plain black mesh on the 3i. The standard headlamps on the sedan have a smooth and sexy shape, swept back like cat's eyes and sparkling with three beams inside. The whole front bumper, including the air dam at the bottom with foglights in the corners, is impressively integrated. There's a small seam on each fender between the headlights and the wheel opening, and between the headlights themselves there's only the hood opening. Everything south of that is one smooth and effective piece.
The rear of the sedan is another smooth, cohesive design with an integrated bumper, and again only small seams at the edges. The deck is short and high and nicely softened at the top. Taillights have red lenses on 3i, clear on 3s. At all four corners, the wheelwells fit tightly around the tires; there used to be a rule at Mazda that there had to be enough of a wheelwell gap to install tire chains without removing the tire, which the stylists hated and finally defeated for the Mazda 3.
The five-door hatchback is no wider, but it appears wide-shouldered because of its aggressive nose. The fenders are dropped and sculpted to rise to the hood and flow into the front doors. The boxy top half makes the whole car look wide. There's less rake from the tops of the doors to the roof (affording more shoulder room), but the rear of the roof is gently rounded to the liftgate window, to soften the profile. There's a tidy spoiler above the rear window.
The rear fenders of the hatchback are aggressively defined over the wheels. There's a big notch in the rear bumper, under the liftgate, to clear the back of your hand when you grab the latch. We thought the design was a bit exaggerated until we used it the first time and appreciated its excellent function.
It's especially nice that there's no chrome trim. Black around the windows, body colored everywhere else.
Mazda 3 is a global car, sharing technology and components with the Volvo S40 and the European-market Ford Focus that isn't sold in the U.S. It's like a talent co-op. People say component sharing makes cars all the same but it's not so. Mazda developed the engines and transmissions, Volvo did the chassis and safety, and Ford of Europe did the basic suspension design. The fine-tuning of the suspension was in Mazda's hands, worked out at its Hiroshima test track. Each manufacturer did what it does best, and the result is the best of three worlds.
A lot of work went into the rigid unit-body chassis. In a head-on collision the front of the chassis is designed to redirect energy to the outside rails, and not down the center toward the front seats. The steering column is crushable and the pedals are designed to retract away from the driver's feet.
The standard interior in 3i is black or beige cloth. In 3s, black-bolstered seats offer a choice of blue or red-check cloth inserts. The optional leather seating surfaces are smooth and black and priced well compared to other cars.
The seats are great, with adequate bolstering. The 3s has adjustable lumbar support, and the hip position is elevated, reducing front legroom a touch, but providing excellent forward visibility as well as a tidy relationship with the pedals and especially the short shift lever. There's no dead pedal. The outside of the driver's right shin rests comfortably on the edge of the center stack.
The three-spoke steering wheel, leather-wrapped in the 3s, feels great in the hands, and the control buttons for the cruise control and sound system have a positive feel The dashboard shelf is golf-ball grainy, not unlike the new Cadillacs, although Mazda says it was the Porsche Boxster that inspired them. Instrument panel trim is Piano Black on 3i and Silver on 3s.
Three big gauges are dead ahead for the driver, but they're down in tunnels where they effectively hide from the glare of the sun. They are electroluminescent on 3s, which means day or night the numbers are lit in reddish-orange with blue highlights. Even without the color, the 140-mph speedometer would be awfully busy, with hash marks for miles and a smaller kilometer measure with more hash marks inside the mph numbers. The dash panel looks better at night than during the day, with the reddish-orange lighting having its chance to be seen. There are glowing rings around most of the dials including the cigarette lighter, in kind of a dull maroon.
The glovebox is huge (9 quarts), the door is dampened and the compartment has its own light. There's a deep but not long console under the driver's right elbow, and between the seats are two built-in cupholders with a neatly hinged cover in black plastic. The cupholders have a canal between them so other things such as a cellphone can be stored and easily reached there. The window switch for the driver is illuminated at night, a very useful feature.
The back seats in the five-door hatchback are surprisingly roomy and supportive, even when relatively tall people are sitting in front. There are acres of rear headroom and decent legroom with room for big feet to slide under the front seats. The rear door opening is a bit narrow, though.
Cargo space in the five-door with the seats folded flat in is 31.2 cubic feet. We came out of an Ikea store with an unassembled table in a flat box measuring 48 inches long and 30 inches wide, and it slid neatly into the back. Flipping the seats down is easy. We reached in from behind, pressed down on one small square button on each side, and an easy shove forward dropped each seat flat. A separate compartment is hidden under the floor. Fold the seats back up into their passenger-friendly position, and there's still 17.1 cubic feet of cargo room, a fair amount for a compact car. The rear floor section can be raised to create a partition, dividing the space into separate upper and lower compartments. The Mazda 3 can't carry as much cargo as a Toyota Matrix, but it's a lot more fun to drive.
Visibility is limited in the rearview mirror of the five-door by the two rear headrests and the center brake light, which intrude a little into window space.
The sedan has an average-size 11.4 cubic-foot trunk, but its rear seats still fold 60/40 for carrying long objects.
The larger, more powerful 2.3-liter engine that comes with the Mazda 3s has plenty of spirit, but you need to work the manual shifter to get the full benefit of it. It makes 160 horsepower, but it is, after all, a normally aspirated (not turbocharged) four-cylinder, so there's not a ton of torque at low rpm. At 1000 rpm it generates only 120 pound-feet, which climbs to 140 at 3000 and peaks at 150 at a relatively high 4500 rpm. Be prepared to downshift to accelerate suddenly, either with the manual five-speed gearbox or the five-speed automatic.
Redline is 6500 rpm, but the engine is happy zooming to 7000. The 16-valve head is quite sophisticated, with variable valve timing and a variable induction system that optimizes intake efficiency and torque. The block is aluminum, there's a cam chain rather than a belt, and the exhaust manifold is stainless steel. The engine is very smooth and quiet at consistent freeway speeds, and has a nice sporty sound when it's revving under acceleration. The 2.3-liter Mazda 3 with the manual transmission rates an EPA-estimated 26/32 miles per gallon City/Highway.
For 2006, Mazda has adapted variable valve timing and variable-length intake runners to the smaller, 2.0-liter engine as well. The spec sheet shows a why-bother gain of only 2 horsepower (from 148 to 150, both at 6500 rpm), and no change in rated torque (still 135 pound-feet at 4500 rpm), but those are only the peak number. The biggest benefit of both variable valve timing and a variable intake is usually a flatter torque curve while maintaining good peak horsepower. So while we haven't driven a 2006 Mazda 3i (or even seen a torque curve for one on paper), we suspect that that's the case here. And if so, it could mean a palpable gain in performance, across a broad rpm range, that is much larger than those 2 horsepower would suggest. EPA estimates for the smaller engine are 28/35 city/highway mpg with manual transmission, 26/34 with the automatic.
The standard five-speed manual transmission shifts beautifully, especially the upshifts, which were almost as smooth as an automatic, with no real driver effort. Mazda worked hard on designing the synchronizers and cable linkage for reduced friction.
Mazda now calls the optional automatic transmissions Sport A/T. (Last year it was Activematic.) Either way, it's a fancy name, but these are fancy transmissions. You can just put the lever in Drive and go, but they also feature a manual mode programmed for quick shifting. Left to shift on their own, they're smart, maintaining a gear going downhill for engine braking or uphill to reduce hunting. Sport A/T has four gear ratios when ordered on 3i, and five ratios with 3s.
Handling is quick and nimble, making the Mazda 3 fun to drive. It's a blast on winding country roads. It's also sharp, true and steady in emergency lane-change maneuvers. Mazda's Electro-Hydraulic Power-Assisted Steering (EHAPS) minimizes drag on the engine compared to a conventional belt-driven hydraulic system. Mazda claims it also reduces noise, vibration, and harshness. The Ford group in England designed the Mazda 3 suspension, but the final tuning was done by Mazda at its long, rolling test track in Hiroshima.
Mazda 3s models with the 2.3-liter engine come with slighter larger brakes than those on the 2.0-liter 3i. We found the brakes on the 3s to be quite effective and sensitive; a mere light touch on the brake pedal around town works nicely.
The Mazda 3 is sporty, practical and affordable. It's fun to drive and fun to look at. It's solidly executed, with no flaws, a strong engine, transmission, handling, brakes, comfort, packaging and looks. We like the versatile five-door. More than a great compact, it is truly a car for our times.
NewCarTestDrive.com correspondent Sam Moses filed this report from the Columbia River Gorge; Mitch McCullough contributed from Los Angeles.


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Bradford and Amendola Propel Rams to First Win
Related Story
ST. LOUIS -- Robert Griffin III had his moments. The St. Louis Rams, though, have what counts most of all, a win.
Sam Bradford threw for 310 yards and three touchdowns and Danny Amendola caught 15 passes for 160 yards as the Rams rallied for a 31-28 win over RG3 and the Washington Redskins on Sunday.
Steven Jackson sat out most of the last three quarters after drawing an unsportsmanlike conduct penalty for spiking the ball, but coach Jeff Fisher said it was because Jackson had a groin strain and not because he'd lost his cool.
"It had nothing to do with the spike," Fisher said. "His groin was real tight and we just didn't want to subject him to it. I didn't think he'd be 100 percent."
Jackson said he thought he'd be able to re-enter the game but said the groin tightened on him.
Griffin led the Redksins (1-1) to a 21-6 lead, but the Rams came back thanks to the pass-catching of Amendola. The receiver tied an NFL record 12 first-half receptions, and caught a 1-yard TD pass to cut the lead to 21-13 at the half.
Bradford had second-half scoring passes of 34 yards to Brandon Gibson and 1 yard to Matt Mulligan.
Griffin ran for two touchdowns and passed for a third for Washington (1-1).
The Redskins got a final shot after DeAngelo Hall recovered running back Daryl Richardson's fumble at the Washington 37 with 2:40 to go. Billy Cundiff, though, was wide right and well short on 62-yard field goal attempt with 1:13 left.
The Rams took the lead on Bradford's TD pass to Mulligan on the first play of the fourth quarter, and Richardson ran it in on a 2-point conversion for a 24-21 lead. Mulligan had partially blocked Sav Rocca's punt to give the Rams the ball at the Washington 24 four plays earlier.
Griffin, who looked like a veteran in his NFL debut last week in leading the Redskins to a win over New Orleans, scored on runs of 5 and 7 yards. He also threw a 68-yard touchdown pass to Leonard Hankerson.
Jackson spiked the ball after getting ruled short of the goal line on a third-down carry from the 1. It came a play after the Rams successfully challenged a lost fumble call on Jackson.
Fisher then pulled the franchise's career leading rusher, who spent most of the rest of the game by himself on the sideline with his helmet in hand, and went with Richardson and fellow rookie Isaiah Pead. A team spokesman said Jackson was not injured.
Amendola had a rough start, fumbling after a 13-yard catch on the Rams' first snap, with Josh Wilson returning it 30 yards for his fifth career defensive touchdown. He recovered nicely, matching the first-half NFL record set by the Colts' Reggie Wayne in 2007, while tying his career best game total in the process and setting a personal game-best with 133 yards receiving.
The Redskins lost defensive end Adam Carriker and outside linebacker Brian Orakpo to injuries early in the first quarter, while Rams offensive tackle Rodger Saffold was helped off with a right knee injury.
Carriker injured his right knee on the Redskins' second snap on defense. He removed his jersey and tossed gloves to the stands, contradicting a team statement that his return was questionable.
The return of Saffold, a surprise starter who was hospitalized with a neck strain in Detroit after the opener, also was questionable.
Orakpo and Saffold were hurt on the same play. Orakpo stripped Rams quarterback Sam Bradford and Saffold recovered the fumble and carried it 7 yards, but crumpled to the turf on the tackle.

subset: commoncrawl


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Urlaub In Polen
Health And Welfare
Urlaub In Polen
Health And Welfare
Released 27/10/2006
At the beginning there's noise. This is everything we already know about Urlaub In Polen inside a minute: the exploration of soundscapes, machines that whir, growl and – most typical of Urlaub In Polen – virtually begin to breath, to develop lives of their own. A condensed transition from old to new, from things familiar to a musical land that has never been heard before – either from Urlaub In Polen or from anyone at all.
The appropriately titled Wanderlust is, for even the most progressive listener, a powerful jolt into the program. The first real song on the album – and the word song is used consciously – has a hot stomping beat, guitar licks and a warm melody line building up to a Gospel style climax.
Gospel? Urlaub In Polen? The completely insane duo from Cologne, who are known for playfully switching between deconstructed Post and Noise rock, wild punch-lines, rough reverb-grinding and an almost technoid understanding of song structure? Yes! Because the revelation of opportunities continues, discovering and learning about everything that is possible in the context of the very special dynamic that is a band of two people.
Urlaub In Polen, probably the most single-minded band in Germany at present, have discovered a controlled playfulness, experimenting with mismatched pieces and dynamics, tampering with melodies, sounds, rhythms, structures, instruments and noise generators, without ever losing sight of their main aim - to produce a unified piece of work: that's the story behind their third album, Health and Welfare.
The maxim was to work on song-sketches in the studio without being constricted by a time limit. This is something they have both experienced in similar ways in separate projects since making the album "White Spot": Philipp with his other incarnation, the enormously conceptual Von Spar, Georg as a temporary member of Ken, the second band of the singer of Blackmail, Aydo Abay.
In Bertil Mark, an extraordinarily active musician/engineer/producer of the German underground, they found the perfect partner. With the M.A.R.S., "Modern Institute for the Savagely Stupid" and the artist commune in the Eifel region that was initiated by Thomas D., where Bertil lives, they also found the perfect place. Here they created a supersonic galaxy of musical absurdity, which transformed into a highly uncompromising version of pop-music.
The process of discovery has been most important. There are many surprises on this album. Perhaps the biggest is that Georg sings, not using his voice as another effect but using singing, as it is more commonly known, as an important element of the song. Here again is the discovery of possibilities. The first song that was written for the album is based on a vocoder lick - the melody for the voice must actually be played at the same time by the keyboard. "While transposing this lick for Georg's voice we suddenly realised that we could actually add a real melody line. From that moment on, we aimed to work on real melodies in many of the songs," says Philipp.
And on the aspect of surprise he says: "I'm always really happy when we stumble upon elements while working on songs, that are unfamiliar even to us as musicians. To surprise yourself is a very pleasing feeling. Every time we banged out something in the studio, that was new in our music, there was a moment of pure joy."
Now this joy is ours. Because we can witness the reincarnation of a band that was always very special and, despite moving visibly closer to more standard musical structures, remains so. Because we can listen to two pathological sound-individuals as they break out of the normal niche of session-driven song composition and think something through to the end in such an astonishing way. After such a consciously concentrated and clearly poignant beginning, the album ends, again, in noise. Noise as a conciliatory gesture – where has that ever happened before?
- Zwo
- Wanderlust
- Beatrice
- Inkin Ark
- A Case Of Getting From A To B
- A Case Of Getting From B To C
- A Case Of Getting From C To D
- Crash
- La Gallina
- The Health And Welfare


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It appears Ben Roethlisberger has quickly shaken off the rust following a four-game suspension and is performing at a high level.
Roethlisberger has guided his team to two victories, and has directed an offense that was pedestrian in his absence.
In two starts, Roethlisberger has completed nearly 65 percent of his passes with five touchdown passes and only one interception. His 122.4 passer rating would blow the doors off the league leaders if he had enough attempts to qualify.
That sampling of numbers would make him a worthy Most Valuable Player candidate at anytime, but it has been his impact on the offense as a whole that has him on the radar. Roethlisberger has added a big-play element that had been missing. The Steelers only connected on 12 passes over 20 yards during their first four games, but have completed 14 passes of 20-plus yards since the two-time Super Bowl winner returned.
With the return of the deep ball, the Steelers have had an effective answer to opponents trying to slow down Rashard Mendenhall.
Some would argue that Roethlisberger is only a controversial call away from having a .500 record in his return. Still, that officiating error can't take away from his production.
While his play can't completely remove the stain that Roethlisberger's behavior cast on the Steelers' organization and the league, it has thrust him into a pool of MVP contenders.
Most Valuable Player
1. Peyton Manning, Colts, QB (Week 6 ranking: 1): He has already nabbed four MVP awards, but it will be hard to deny him his fifth if he continues at this level. With Manning among the league's passing leaders and the Colts sitting near the top of the AFC South, he will once again be in the MVP conversation at season's end.
2. Tom Brady, Patriots, QB (2): He wasn't at his best against the Chargers, but continues to lead his team to victories by making key plays at critical moments.
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3. Matt Ryan, Falcons, QB (NR): If he could play all of his games at home, Ryan would draw comparisons to Manning and Brady as one of the NFL's great winners. Regardless, his play in guiding the Falcons to a 5-2 mark makes him worthy of consideration for the award.
4. Josh Freeman, Buccaneers, QB (NR): If you want to know how the Buccaneers have quietly become one of the NFC's top teams, then you should look closely at Freeman's play. The second-year pro notched the fifth come-from-behind win of his career by engineering a 16-play, 81-yard drive to beat the Rams that showcased his poise and ability.
5. Ben Roethlisberger, Steelers, QB (NR): See above.
Previously rated: Drew Brees, Saints, QB (3), Aaron Rodgers, Packers, QB (4) and LaDainian Tomlinson, Jets, RB (5).
Offensive Player of the Year
1. Philip Rivers, Chargers, QB (2): It is a shame that the Chargers' woeful special teams have kept the team from winning more games because Rivers is deserving of MVP recognition. However, the team's 2-5 record will force the league's leading passer to settle for the NFL's highest offensive honor.
2. Peyton Manning, Colts, QB (3): See above.
3. Arian Foster, Texans, RB (4): He has been a dominant force for the Texans as a runner/receiver. Although Foster has fallen behind in the race for the rushing title, his overall impact on Houston's offense makes him a worthy candidate here.
4. Kyle Orton, Broncos, QB (1): It appears that Orton has come back to Earth after getting off to a sizzling start in the Broncos' wide-open offense. After posting four straight 300-yard games, he has failed to come close to that kind of production in the team's last two losses.
5. Roddy White, Falcons, WR (NR): He is quickly closing in on Andre Johnson and Larry Fitzgerald as the game's top receiver. White has four 100-yard games under his belt, and few opponents have had success slowing him down.
Previously rated: Michael Vick, Eagles, QB (5).
Defensive Player of the Year
1. Clay Matthews, Packers, LB (1): A nagging hamstring injury has limited his effectiveness of late, but his torrid start still makes him the front-runner. Matthews leads the league in sacks (8.5), and is emerging as one of the best at the position.
2. DeMarcus Ware, Cowboys, LB (3): No.94 is still producing despite his team's disappointing start. He is tied for second with eight sacks, and continues to deliver turnovers with big hits.
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3. Osi Umenyiora, Giants, DE (4): Few know that the Giants sport the No. 2 ranked defense, but their recent surge has been keyed by Umenyiora's re-emergence as a premier pass rusher.
4. James Harrison, Steelers, LB (2): After spending a few days contemplating retirement following the league's reinforcement of the helmet-to-helmet policy, Harrison returned to the field as the same menacing and disruptive player that has accounted for five sacks and four forced fumbles.
5. Michael Griffin, Titans, S (NR): Several of you will raise your eyebrows at the sight of Griffin on this list, but a close look at the tape will reveal that he is arguably the Titans' biggest difference-maker. With a four-game streak with at least one interception, the NFL is starting to take notice of Griffin's remarkable skills.
Previously rated: Shaun Phillips, Chargers, LB (5).
Offensive Rookie of the Year
1. Sam Bradford, Rams, QB (1): The No. 1 pick struggled with his accuracy against the Buccaneers, but he found a way to keep his team in the game despite being slightly off the mark.
2. Dez Bryant, Cowboys, WR (NR): It's not often that a rookie receiver lives up to the hype, but Bryant has been every bit as sensational as many expected. With three touchdown receptions and two punt return scores, Bryant is a legitimate threat to score whenever he touches the ball.
3. Aaron Hernandez, Patriots, TE (4): He has become Brady's security blanket. Hernandez ranks third among rookie receivers with 27 grabs, and has eight receptions that have covered at least 20 yards.
4. Mike Williams, Bucs, WR (3): While the football world is singing Freeman's praises, it has been the emergence of Williams as a legitimate No. 1 receiver that has keyed the Bucs' aerial attack.
5. Jahvid Best, Lions, RB (2): He has been a dual threat for the Lions. Even though he has yet to crack the 100-yard rushing mark, Best is averaging 89 total yards while adding balance to the offense.
Previously rated: Chris Ivory, Saints, RB (5).
Defensive Rookie of the Year
1. Ndamukong Suh, Lions, DT (1): He is already on the cusp of being regarded as one of the most dominant interior defenders in the league.
2. Earl Thomas, Seahawks, S (3): Pete Carroll knew what he was doing when he picked Thomas to be his designated playmaker in the secondary. With four interceptions in only six games, Thomas has helped the defense be among the most opportunistic.
3. Nate Allen, Eagles, S (2): Brian Dawkins' shadow still looms large in Philadelphia, but Allen's play is slowly making fans envision another perennial Pro Bowler roaming in the back end.
4. Alterraun Verner, Titans, CB (NR): After watching him capably man the right cornerback position, scouts are digging up their notes to see why he didn't merit a higher grade in the draft.
5. Eric Berry, Chiefs, S (NR): He has thrived as a multi-faceted playmaker. Though his statistics don't fully reveal his impact, it is not a coincidence that the defense has improved with him in the back end.
Previously rated: T.J. Ward, S, Browns (4) and Brandon Spikes, Patriots, LB (5).
Coach of the Year
1. Todd Haley, Chiefs (2): While some of the credit for the Chiefs' success deservedly goes to coordinators Romeo Crennel and Charlie Weis, Haley has implemented an old-school blueprint that has Kansas City set to make a serious run at the postseason.
2. Mike Tomlin, Steelers (1): The Steelers might have benefitted from a questionable call in Miami, but it is hard to dispute their standing among the contenders.
3. Pete Carroll, Seahawks (5): After guiding the Seahawks to a surprising 4-2 start, the Pacific Northwest is starting to drink the championship Kool-Aid that Carroll is dispensing.
4. Rex Ryan, Jets (3): It's not bragging when you're telling the truth, and the Jets' 5-1 mark suggests that they are as good as their coach advertised prior to the season.
5. Raheem Morris, Bucs (NR): Some might snicker at Morris' proclamation that the Bucs are the best team in the NFC, but his young squad is serving notice that it will not take a backseat to the conference's so-called elites.
Previously rated: Steve Spagnuolo, Rams (4).


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Alain Prost and Ayrton Senna were vicious competitors on the track, never afraid to do whatever it took to outperform the other. It turns out that competitive spirit extended to the commercial side as well, though when it comes to this ad, it looks like a competition over weirdness.
In case you're forgetting, Ayrton Senna wasn't above shilling for his sponsors every now and then. As a Formula One driver, it's really par for the course. The thing is, though, that F1 drivers have fans (and thus, cold hard cash) coming in from all over the world. There's nothing really wrong with that, except for the fact that people all over the world tend to speak different languages. So when you get a guy like Ayrton Senna, who doesn't speak Japanese, and you need him to sell some engine lubricants you've manufactured out of dead dinosaurs, what do you do?
That's right. You have him schtup women and claim children.
Alright, so the Ayrton Senna ad we saw a couple of weeks ago was definitely weird, but his arch-nemesis Alain Prost could never allow him to be on top. Thus we get this strange commercial from France, for Sega, I think.
We start off in a Centre de Loisirs, which, contrary to popular belief, is not a Center for Losers, but is closer to a recreation center. Specifically, it appears to be an ad for La Tête dans le Nuages, an arcade in Paris. I'm not sure, maybe we're in space, or something.
Anyways. We open up into a dimly lit room, filled with those giant arcade games, so we must be in a bowling alley circa 1993. A man in black wingtips enters. Who wears black wingtips to go play Cruisin' USA? Does he own the place? We don't know. Maybe it's an alien of some sort.
A series of quick cuts follows. Our alien wears a suit, but with no tie. He has hair. He slowly approaches a game. His face, too hideous to gaze upon, hidden by a fortuitously placed light. A red button is pushed ominously.
And then... wait... who could it be? It's
Alien Alain Prost! He plays in what appears to be some sort of F-14 Tomcat simulator, and then, that's it.
He just sort of looks around.
So there you have it kids. If you went to a French arcade in 1996, you could maybe watch a Formula One World Champion just sort of hang out, by himself.
At least he's not claiming children as his own.


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Check out the latest projects here:Project Logs
Simon, have you considered splining those end grain joints? Make a jig for your tablesaw and run the pieces through, then rip up some spline stock and glue it in. You can do that to individual pieces before assembling, or do it at the joints to the ring you.ve already made. It will be easier and much better than doweling for this kind of joint -- gluing surface area where it should be, and grain running across the joint. And you don't need to buy (or make) dowels. If you really want to lock it, spline, and then dowel from the face through the spline, ie wooden fasteners.
Simon,I have been making 5-string banjos for 51 years now. One of the things that makes the job a lot easier is to cut your "shell wood" into thin (call it 2-2.5 mm thick) strips and laminate them inside of a (hollow) circular jig. Here in the U.S. nearly all banjo heads are 11 inches in diameter -- making 10.950/10.900 inches the correct OD for the shell. The circular clamping jig I use has the OD set to 15 inches -- which means that I can use it in my table saw to "trim off" the (inevitable) "mismatch" at the top and bottom edges. I "wax" the ID of the jig to keep glue from sticking to it.My "ID Clamp" is an inner tube from a hand truck (5 inch hub, as I recall) that fits on an inner (about 7.5 inches OD) piece with an extension that allows me to inflate it to clamp each "layer" as I laminate the shell. I find that (about) 30 psi works really well.I normally make my shells 3.5 inches tall, so I start off with a piece of wood that is 3.75 inches wide and 34.75 inches long. I "dress" the face of the stock on my joiner and slice off a piece on my bandsaw, take it back to the joiner, and repeat until I have all my strips. I then use my thickness sander to finish each "layer" to thickness (.090 inches for my approach). I cut them to length, steam them, and insert them into my jig and force them to round using the "ID Clamp." The "outer joint" of the shell gets located under the heel of the neck, so the slight "mismatch" is (virtually) never seen.I make my frailing banjos with a (roughly) 10 mm thick shell. Bluegrass banjos get a (roughly) 20 mm thick shell. After the slightly over-tall shell is complete, I return it to the "circular jig" and use that to trim it to length. I then glue "strips" to the bottom of the shell and trim them flush using a trim-router. I can then, if so desired, route a "perfling rabit" for final clean-up trim.
Simon, you're doing the right thing, making things easier on yourself for the future. You'll save this time and a lot more down the road, make better parts and reduce mistakes and frustration. Good investment!
I'm doing it outside since there's still piles of sawdust about to catch fire where's your sense of adventure??looks like your making progress, im sure you'll get there in the end
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Stanley Livingston (born on November 24, 1950, in Los Angeles, California) is an American actor, best known for playing Fred MacMurray's youngest son Richard "Chip" Douglas on the long running television series My Three Sons (one of the three actors to stay throughout the entire series). His younger brother Barry Livingston played his younger adopted brother Ernie.
He currently is a producer and director and resides in Los Angeles, California.


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Why is data visualization important?
Because of the way the human brain processes information, using charts or graphs to visualize large amounts of complex data is easier than poring over spreadsheets or reports. Data visualization is a quick, easy way to convey concepts in a universal manner – and you can experiment with different scenarios by making slight adjustments.
Data visualization can also:
- Identify areas that need attention or improvement.
- Clarify which factors influence customer behavior.
- Help you understand which products to place where.
- Predict sales volumes.


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No. 87,137
1. Under the Eighth Amendment to the United States Constitution and § 9 of the Kansas Constitution Bill of Rights, a gross disproportionality principle is applicable to sentences for terms of years.
2. The precise contours of the gross disproportionality principle are unclear, and the principle is applicable only in the exceedingly rare and extreme case.
3. Four factors are to be considered in a proportionality review under the Eighth Amendment cruel and unusual punishment clause: the primacy of the legislature, the variety of legitimate penological schemes, the nature of our federal system, and the requirement that the proportionality review be guided by objective criteria. These four factors, in turn, inform a fifth and final one: The Eighth Amendment does not require strict proportionality between the crime and the sentence. Rather, it forbids only extreme sentences that are grossly disproportionate to the crime.
4. A proportionality analysis has both on-its-face and as-applied elements. To give full effect to a state's choice of a legitimate penological goal, a proportionality review must take the goal into account. A sentence may be justified by the State's public-safety interest in incapacitating and deterring felons and be amply supported by a defendant's crime or criminal record.
5. Our Supreme Court has declined to differentiate between the protections afforded by the Eighth Amendment's cruel and unusual punishment clause and § 9 of the Kansas Constitution Bill of Rights. The Court of Appeals is bound to follow that precedent unless there is evidence the Supreme Court is departing from it.
6. When considering whether the method and effect of a punishment violates the Eighth Amendment cruel and unusual punishment clause or § 9 of the Kansas Constitution Bill of Rights, the appellate court examines whether the punishment is inhumane, inherently cruel, shocking, unacceptable, or offends human dignity.
7. Deliberate indifference to an inmate's medical needs by prison officials violates the prohibition against cruel and unusual punishment; but, in order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.
8. There are two elements to a deliberate indifference claim. First, the court must consider whether the claim involves an essential human need. If so, then the court must consider whether prison officials are aware of the inmate's need yet fail to meet it in disregard of an excessive risk to the inmate's health or safety.
9. Food, clothing, shelter, medical care, and reasonable safety qualify as basic human needs. Correctional system placement that would ensure the attendance of an inmate's spouse at psychological treatment sessions does not qualify as a basic need.
10. An inmate must prove both objective and subjective elements of a deliberate indifference claim; the objective element includes assessment of whether society considers the risk so grave that it violates contemporary standards of decency to expose anyone unwillingly to it.
Appeal from Douglas District Court; MICHAEL J. MALONE, judge. Opinion filed June 20, 2003. Affirmed.
James E. Rumsey, of Lawrence, for appellant.
Angela M. Wilson, assistant district attorney, Christine E. Kenney, district attorney, and Carla J. Stovall, attorney general, for appellee.
Before BEIER, P.J., ELLIOTT and GREEN, JJ.
BEIER, J.: William Van Dyke appeals the denial of his K.S.A. 60-1507 motion, claiming that his presumptive 55-month sentence for attempted rape constitutes cruel and unusual punishment.
Van Dyke is 79 years old. He entered into a plea bargain in which the State agreed to drop charges of rape, aggravated criminal sodomy, and aggravated indecent liberties with a child in exchange for a plea to one count of attempted rape of his 10-year-old granddaughter, who has cerebral palsy. Van Dyke was informed that a severity level 3 person felony and a criminal history of "I" carried a presumptive prison term of 55 months to 61 months in prison and that he could receive a sentence as long as 247 months. Van Dyke moved for a downward dispositional departure.
At the departure hearing, clinical psychologist Robert Schulman testified that he began evaluating Van Dyke in October 1999. He concluded that Van Dyke was not a pedophile and was not a danger to society or other children. He further opined that Van Dyke's wife's participation in therapy was critical to its success and, if Van Dyke went to prison, that the impact of his depression and his physical problems would cause him to lose his will to live.
Van Dyke's wife and three of his adult children testified that Van Dyke was very dependent on his wife and very depressed. They all expressed concern for his emotional and physical health and believed that he would give up the will to live if sent to prison. Van Dyke stated that he suffered from numerous medical problems, including heart, prostate, kidney, and back conditions.
The district court denied the motion to depart, stating:
"This is a crime against an individual who had a very close relationship with the defendant and the individual of course by the plea was found to be youth of a child victim and there is evidence that incarceration in this case would be health endangering to the defendant and to be honest, that's what I wrestled most with in the matter but I've had to balance this case and give recognition for the crime that is committed by Mr. Van Dyke, the relationship you had and it is that the type of sentencing that hopefully would have other individuals who find themselves in a similar position as you a deterrent.
"Again this is a difficult matter because of your age, because of your health, because of the dependency of your wife; but due to the nature of the crime, due to the relationship of the victim and, of course, her afflictions as well, cerebral palsy, this court believes that the issue here goes beyond vindictiveness. The court is sincerely aware that the programs in the prison system albeit, of course not somebody with the qualification that Dr. Schulman would provide would still hopefully provide some type of treatment and rehabilitative effort for you."
Van Dyke is now housed at the Hutchinson Correctional Facility.
Van Dyke filed the instant K.S.A. 60-1507 motion, alleging the district court's refusal to grant a downward dispositional departure and the requirement that he serve his sentence in the custody of the Secretary of Corrections constituted cruel and unusual punishment under the Eighth Amendment to the United States Constitution and § 9 of the Kansas Constitution Bill of Rights.
According to the parties' agreed statement of facts, Schulman visited Van Dyke on four occasions while Van Dyke was still housed at the Douglas County Jail. Van Dyke's wife was present at three of the meetings. Over this period of time, Van Dyke deteriorated psychologically, becoming more depressed and anxious. According to Schulman, the effect of Van Dyke's separation from his wife created a downward trend in his function and in his ability to be treated; he was having difficulty beyond that expected during a normal adjustment to prison. Although depression had been a driving force behind the sexual abuse, Van Dyke's depression had progressed to an "immobilizing" level such that he would not be a threat to others if released to an outpatient program.
Van Dyke's wife observed that her husband had become deeply depressed; his hands shook; he had greatly reduced mobility of his shoulder joint; his voice was shaky; and he had lost weight because he was rushed at mealtime. She described him as horribly guilt ridden and sorry, sad all of the time, and mixed up and confused. She was concerned that the psychological effects of the incarceration would cause him to shut down and eventually die.
At oral argument on the motion, Van Dyke's counsel articulated three reasons why Van Dyke's sentence was cruel and unusual: (1) the length of the sentence; (2) the gross disproportionality of the sentence; and (3) Van Dyke's need for medical or psychological treatment that could not be provided while he was in the custody of the Secretary of Corrections. Van Dyke's counsel also argued that the sentence was cruel and unusual as applied to his client because the evidence showed that Van Dyke would die if sent to prison. Specifically, he argued that uncontroverted evidence showed Van Dyke's condition would deteriorate if his wife were not permitted to be involved in his treatment and that she could not be involved while he was housed in prison at Hutchinson.
The district court denied the 60-1507 motion, finding Van Dyke had "failed to prove by a preponderance of the evidence that the sentence was indeed cruel and unusual under any of the arguments."
In his appellate briefs, Van Dyke argues that his sentence violates the Eighth Amendment and § 9 of the Kansas Constitution Bill of Rights in two aspects: its length and its mode of service. At oral argument, Van Dyke's counsel also indicated that his client challenged the absence of effective medical and psychological treatment at Hutchinson Correctional Facility as a deliberate indifference to his health problems, a third type of cruel and unusual punishment claim. We address each argument in turn.
Our most recent guidance on how to evaluate a claim that a term of years is disproportionate and, therefore, cruel and unusual punishment under the Eighth Amendment came in two United States Supreme Court cases decided this term. In each, the Court reviewed sentences involving California's "three strikes" law. See Ewing v. California, ___ U.S. ___, 155 L. Ed. 2d 108, 123 S. Ct. 1179 (2003); Lockyer v. Andrade, ___ U.S. ___, 155 L. Ed. 2d 144, 123 S. Ct. 1166 (2003). These decisions were announced after oral argument on this appeal, and neither party has filed a notice of supplemental authority under Supreme Court Rule 6.09 (2002 Kan Ct. R. Annot. 41) or otherwise sought to assist with interpretation of the Supreme Court's language.
In Ewing, the defendant walked out of a golf course pro shop with three golf clubs worth a total of $1,200 hidden in his pant leg. Ewing had a lengthy record of theft, drug, burglary, and robbery convictions and was on parole when he stole the golf clubs. The robbery and three burglary convictions qualified as prior serious or violent felonies under the California sentencing scheme, and Ewing received a sentence of 25 years to life.
The Supreme Court ultimately upheld the sentence, rejecting Ewing's claim that it was grossly disproportionate under the Eighth Amendment. Justice O'Connor, speaking for herself, Chief Justice Rehnquist, and Justice Kennedy, reviewed earlier decisions in four proportionality cases: Harmelin v. Michigan, 501 U.S. 957, 115 L. Ed. 2d 836, 111 S. Ct. 2680 (1991); Solem v. Helm, 463 U.S. 277, 77 L. Ed. 2d 637, 103 S. Ct. 3001 (1983); Hutto v. Davis, 454 U.S. 370, 70 L. Ed. 2d 556, 102 S. Ct. 703 (1982); and Rummel v. Estelle, 445 U.S. 263, 63 L. Ed. 2d 382, 100 S. Ct. 1133 (1980). In only one of the four, Solem, had the Court concluded the Eighth Amendment prohibited the sentence under consideration. The defendant in that case had received a life sentence without possibility of parole for a seventh nonviolent felony.
In Harmelin, the defendant was not a recidivist; as a first-time offender, he had received life in prison without possibility of parole for possession of 672 grams of cocaine. Still, as Justice O'Connor observed in Ewing, "[a] majority of the Court rejected Harmelin's claim that his sentence was so grossly disproportionate that it violated the Eighth Amendment. The Court, however, could not agree on why his proportionality argument failed." 155 L. Ed. 2d 118. Justice Scalia, joined by Chief Justice Rehnquist, concluded the proportionality principle was limited to death penalty cases, "rather than a generalizable aspect of Eighth Amendment law." Harmelin, 501 U.S. at 994. On the other hand, Justice Kennedy and two other members of the Court would have recognized the proportionality principle in noncapital cases. Justice Kennedy set forth four principles to be considered in a proportionality review: "the primacy of the legislature, the variety of legitimate penological schemes, the nature of our federal system, and the requirement that proportionality review be guided by objective factors"; these four principles, in turn, "inform" a fifth and final one: "The Eighth Amendment does not require strict proportionality between crime and sentence. Rather, it forbids only extreme sentences that are 'grossly disproportionate' to the crime." Harmelin, 501 U.S. at 1001 (Kennedy, J., concurring in part and concurring in the judgment) (citing Solem, 463 U.S. at 288, 303).
In the Ewing decision, Justice O'Connor chose to rely upon Justice Kennedy's five Harmelin principles. Addressing the first three, she said recidivist statutes such as California's three strikes law, demonstrated a
"deliberate policy choice that individuals who have repeatedly engaged in serious or violent criminal behavior, and whose conduct has not been deterred by more conventional approaches to punishment, must be isolated from society in order to protect the public safety. Though three strikes laws may be relatively new, our tradition of deferring to state legislatures in making and implementing such important policy decisions is longstanding. [Citations omitted]
"Our traditional deference to legislative policy choices finds a corollary in the principle that the Constitution 'does not mandate adoption of any one penological theory.' [Citation omitted]. A sentence can have a variety of justifications, such as incapacitation, deterrence, retribution, or rehabilitation. [Citation omitted.] Some or all of these justifications may play a role in a State's sentencing scheme. Selecting the sentencing rationales is generally a policy choice to be made by state legislatures, not federal courts." Ewing, ___ U.S. at ___ 155 L. Ed. 2d at 119-20.
Justice O'Connor then engaged in an extended discussion of the gravity of Ewing's offense in comparison to his sentence. She noted that his crime was considerably more serious than his choice of description "shoplifting three golf clubs" indicated. Ewing had been convicted of theft of property worth $1,200, an amount that placed him in felony territory in the federal system and most state systems. In addition, the weighing of his offense was colored by his long history of felony recidivism, which could not be ignored, lest the Court "fail to accord proper deference to the policy judgments that find expression in the legislature's choice of sanctions." Ewing, ___ U.S. ___. 155 L. Ed. 2d at 122.
Thus, according to Justice O'Connor's opinion in Ewing, a proportionality analysis has both on-its-face and as-applied elements:
"To give full effect to the State's choice of this legitimate penological goal, our proportionality review of Ewing's sentence must take that goal into account.
"Ewing's sentence is justified by the State's public-safety interest in incapacitating and deterring recidivist felons, and amply supported by his own long, serious criminal record. . . . To be sure, Ewing's sentence is a long one. But it reflects a rational legislative judgment, entitled to deference, that offenders who have committed serious or violent felonies and who continue to commit felonies must be incapacitated. . . . Ewing's is not 'the rare case in which a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.'" Ewing, ___ U. S. at ___. 155 L. Ed. 2d at 123 (Kennedy, J., concurring in part and concurring in judgment). (quoting Harmelin, 501 U.S. at 1005).
Justice Scalia and Justice Thomas concurred in the judgment in Ewing but disagreed with the reasoning of Justice O'Connor's opinion. Justice Scalia protested that he could not "intelligently apply" the proportionality analysis set forth. "Proportionality," he wrote, "-- the notion that punishment should fit the crime is inherently a concept tied to the penological goal of retribution. '[I]t becomes difficult even to speak intelligently of "proportionality," once deterrence and rehabilitation are given significant weight,' [citation omitted] not to mention giving weight to the purpose of California's three strikes law: incapacitation." Ewing, 155 L. Ed. 2d at 124 (Scalia, J., concurring in judgment) (quoting Harmelin, 501 U.S. at 989). Justice Thomas' separate opinion stated simply that, in his view, the Eighth Amendment cruel and unusual punishment doctrine included no proportionality principle. 155 L. Ed. 2d at 124 ) Thomas, J., concurring in judgment).
The second United States Supreme Court case from this term, Lockyer, involved crimes even less serious than those at issue in Ewing. The defendant, Leandro Andrade, received two consecutive terms of 25 years to life for convictions under California's three strikes law stemming from thefts of videotapes from two different K-Mart stores. The total value of the videotapes was approximately $150. Andrade had been in and out of state and federal prison for many years for drug, theft, and burglary offenses, and he had admitted he stole to support a drug addiction. The thefts of the videotapes were charged as felonies because of Andrade's previous convictions. At sentencing, it was his previous burglary convictions that led specifically to application of the three strikes law to both of his new felony convictions.
The Ninth Circuit Court of Appeals eventually granted Andrade's habeas corpus petition, finding that the California courts had committed clear error by disregarding Solem. According to the Ninth Circuit, this constituted an "unreasonable application of clearly established Supreme Court law," as required for federal habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254 (2000). See Lockyer, 155 L. Ed. 2d at 154 (quoting Andrade v. Attorney General of State of California, 270 F.3d 743, 766 [9th Cir. 2002]).
Justice O'Connor, writing for a five-member Lockyer majority, reversed the Ninth Circuit decision. 155 L. Ed. 2d at 154, 159. She first observed that the task of determining whether there was clearly established law at the time of a state court decision is usually "straightforward"; however, in the case of Eighth Amendment disproportionality analysis, Supreme Court precedents "have not been a model of clarity." 155 L. Ed. 2d at 155. One synthesized holding, she wrote, has emerged: "A gross disproportionality principle is applicable to sentences for terms of years." Lockyer, 155 L. Ed. 2d at 155.
The question then becomes "what factors may indicate gross disproportionality." Justice O'Connor concluded: "[T]he only relevant clearly established law amenable to the 'contrary to' or 'unreasonable application of' framework [of the AEDPA] is the gross disproportionality principle, the precise contours of which are unclear, applicable only in the 'exceedingly rare' and 'extreme' case." Lockyer, 155 L. Ed. 2d at 156 (Kennedy, J., concurring in part and concurring in judgment) (citing Harmelin, 501 U.S. at 1001).
The majority then determined that the facts of Andrade's case were materially distinguishable from those in Solem and did not amount to a constitutional violation reserved for "only the extraordinary case"; thus, the California courts had neither acted "contrary to" nor "unreasonably applied" the gross disproportionality principle. Lockyer, 155 L. Ed. 2d at 157-59. The Ninth Circuit was reversed, and Andrade's sentences upheld. Lockyer, 155 L. Ed. 2d at 159.
Justice Souter wrote for the four dissenting justices in Lockyer himself and Justices Stevens, Ginsburg, and Breyer finding that Solem should control. Lockyer, 155 L. Ed. 2d at 159-60 (Souter, J., dissenting). The dissent found the majority's refusal to equate the life sentence without parole of Solem and Andrade's sentence allowing for parole only after 50 years unconvincing: "[A]n 87-year-old man released after 50 years behind bars will have no real life left, if he survives to be released at all." Lockyer, 155 L. Ed. 2d at 160 (Souter, J., dissenting).
In the dissent's view, the second consecutive sentence for Andrade's theft of a handful of videotapes shortly after a similar theft was especially indefensible:
"[N]o one could seriously argue that the second theft of videotapes provided any basis to think that Andrade would be so dangerous after 25 years, the date on which the consecutive sentence would begin to run, as to require at least 25 years more. . . . The argument is irrational, and the state court's acceptance of it in response to a facially gross disproportion between triggering offense and penalty was unreasonable. . . .
". . . If Andrade's sentence is not grossly disproportionate, the principle has no meaning." Lockyer, 155 L. Ed. 2d at 162 (Souter, J., dissenting).
Ewing and Lockyer doom Van Dyke's Eighth Amendment challenge to the length of his sentence. Given the comparative seriousness of Van Dyke's offense and the comparative brevity of his sentence, he simply cannot meet the "extraordinary" or "extreme" standards necessary to override the legislature's comprehensive sentencing scheme and to establish a violation of the Eighth Amendment.
Van Dyke also is not entitled to relief under § 9 of the Kansas Constitution Bill of Rights. Our Supreme Court has declined to differentiate between the protections afforded by the federal and our state constitutional provisions, despite slight wording distinctions. State v. Scott, 265 Kan. 1, 5, 961 P.2d 667 (1998). We are bound to follow that precedent unless there is evidence the Supreme Court is departing from it. See Ely v. Hitchcock, 30 Kan. App. 2d ___, ___, 58 P.3d 116 (2002). There is no such evidence. We therefore expect our Supreme Court to construe § 9 of our Kansas Constitution Bill of Rights consistent with the United States Supreme Court's construction of the Eighth Amendment to the federal constitution. See also State v. Tyler, 251 Kan. 616, 647, 840 P.2d 413 (1992) (quoting State v. Nunn, 247 Kan. 576, 580, 802 P.2d 547 (1990)) ( ruling on § 9 claim; "'[t]he fact that the minimum sentence imposed by a trial court exceeds the life expectancy of the defendant has never been grounds, per se, for a finding that the sentence is oppressive or constitutes an abuse of discretion.'")
We are guided in our examination of whether the method of Van Dyke's sentence violates the Eighth Amendment or § 9 by Scott, 265 Kan. 1, Syl. ¶ 2.
In Scott, the defendant was convicted of attempted aggravated sexual battery and placed on probation. He objected to a requirement that he register as a sex offender under the Kansas Sex Offender Registration Act (KSORA), K.S.A. 22-4901 et seq., and to public access to the registration information, characterizing it as cruel and unusual punishment as applied to him. A panel of our court concluded the provision qualified as cruel and unusual under § 9 of the Kansas Constitution Bill of Rights. State v. Scott, 24 Kan. App. 2d 480, 947 P.2d 466 (1997).
Our Supreme Court reversed, first noting that it traditionally had interpreted the Kansas Constitution as it did the federal Constitution. 265 Kan. at 5. It then ruled that a punishment's infliction of injury on the "reputational interests" of an offender did not render it cruel or unusual. "Rather, we consider whether the method and effect of the punishment is itself inhumane, inherently cruel, shocking, unacceptable, or offends human dignity." (Emphasis added.) 265 Kan. at 7; see also State v. McCloud, 257 Kan. 1, 6, 891 P.2d 324, cert. denied 516 U.S. 837 (1995) (neither length nor method of punishment shocks conscience or offends fundamental notions of human dignity). With that as its standard, our Supreme Court concluded that the registration requirements of the KSORA did not constitute cruel and unusual punishment as applied to Scott.
"The legislature has determined it is necessary for public safety to allow the public access to this collected information. Additionally, offenders have been placed on notice that they would be subject to the public disclosure provisions of the KSORA. Due to the nonpunitive intent and the concern for public safety in the KSORA, as well as the legislature's prerogative to set punishment for criminals, we do not see the public access provisions as so inhumane as to constitute cruel or unusual punishment, particularly where the allegedly injurious consequences of such access are due solely to the offenders' own criminal conduct.
. . . .
"Under the facts of this case, the punitive effect of the registration and notification provisions of the KSORA resulting from an interest in public safety are not so disproportionate to Scott's violent, sexually motivated crime that such registration and public access is deemed inhumane, shocking, barbarous, or contrary to fundamental notions of human dignity so as to constitute cruel and unusual punishment." Scott, 265 Kan. at 14-15.
As in Scott, the legislature has determined that it is necessary for public safety to imprison persons in Van Dyke's position. He was on notice that his conduct merited the punishment he is receiving. There was no particularized punitive action on the part of the criminal justice system. In fact, Van Dyke received a sentence at the low end of the presumptive range. Any "allegedly injurious consequences" were due solely to his own conduct.
Under these circumstances, we cannot say that the method of Van Dyke's punishment is cruel and unusual under either the Eighth Amendment or § 9. It is not "inhumane, shocking, barbarous, or contrary to fundamental notions of human dignity." Scott, 265 Kan. at 15.
Van Dyke's last argument focuses primarily on his wife's inability to participate in his treatment while he is housed in the Hutchinson Correctional Facility and on testimony that his depression will deepen and cause him to lose his will to live.
First, we dispose of the concern that such a claim should have been advanced by way of a petition filed pursuant to K.S.A. 2002 Supp. 60-1501 in the district of Van Dyke's confinement rather than by motion pursuant to 60-1507. Van Dyke's counsel asserts that his client's placement was uncertain at the outset of this action. In the interests of judicial economy, we elect to address the merits of the claim here.
Deliberate indifference to an inmate's medical needs by prison officials violates the prohibition against cruel and unusual punishment, but, "[i]n order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 103-06, 50 L. Ed. 2d 251, 97 S. Ct. 285 (1976).
There are two elements to such a claim. First, we must consider whether the claim involves an essential human need. See Gillihan v. Shillinger, 872 F.2d 935, 941 (10th Cir. 1989). If so, then we must consider whether prison officials are aware of the inmate's need yet fail to meet it in disregard of an excessive risk to the inmate's health or safety. Darnell v. Simmons, 30 Kan. App. 2d ___, ___, 48 P.3d 1278 (2002).
Food, clothing, shelter, medical care, and reasonable safety qualify as basic human needs. See Helling v. McKinney, 509 U.S. 25, 32, 125 L. Ed. 2d 22, 113 S. Ct. 2475 (1993). Correctional system placement that ensures the attendance of an inmate's spouse at psychological treatment sessions does not. See 509 U.S. at 35-36 (inmate must prove both objective and subjective elements of deliberate indifference claim; objective element includes assessment of whether "society considers risk . . . so grave that it violates contemporary standards of decency to expose anyone unwillingly" to it). Van Dyke's claim fails.
Depression is an understandable and, no doubt, common condition of those confined to our state penal institutions. We are sympathetic. Nevertheless, neither the federal nor our state constitution requires such institutions to provide "the Cadillac care" Van Dyke demands here. In addition, if he and his family believe his spouse's attendance to be vital to his survival, it is within their power to have her relocate to facilitate such participation.
Although our reasoning differs from that of the district court, we agree with the result below. See State v. Bryant, 272 Kan. 1204, 1210, 38 P.3d 661 (2002).


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With more than 80 different organizations on campus, there is something you can be involved in and feel passionate about. There are unlimited opportunities to be involved, with volunteer organizations, groups in your area of study, social organizations and faith-based groups. Practice your leadership skills, and make life-long friends by being involved at HutchCC.


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I kid you not! From The Independent newspaper — a six part sitcom called Plebs will air on British TV next year (northern Spring). When I first saw the headline I immediately thought of those so-rubbish-they're-almost-good British 1970s shows like Bless This House, Are You Being Served?, or On The Busses (no, that one's just plain rubbish), but apparently not:
The much-loved classicist Mary Beard continues to conquer the airwaves, this time as an advisor on Plebs, a new sitcom set in Ancient Rome.
They are comparing it The Inbetweeners (in togas), which doesn't help me as I've never seen that show (just its ads, which were unappealing to me), but here's a more useful (for me, anyway) log line:
"The idea was to make the historical setting by-the-by and root it in modern concerns. We wanted to stay away from the clichés of camp silliness or austere classical actors," says [the writer] … "Tonally, it's much more Seinfeld than Up Pompeii."
Seinfeld? In Rome? That could be … erm … interesting.


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The 2011 BMW M5's twin-turbocharged 540-hp V8 is rumored to be mated only to a manumatic transmission and these exclusive spy images inside the cockpit do nothing to quiet those whispers. Does this mean the ultimate driving machine is dead?
Probably not, but it does mean ze Germans are so confident in their whiz-bang transmissions the days of the row-your-own manual shifter are probably limited, at least behind the wheel of a Bimmer. The center console prominently shows BMW's gear selector with an "M" logo plastered on top. The steering wheel is new and smaller than a normal 5-Series with paddle shifters behind the rim. Aside from the joyless-stick plopped in the center console we can also see heavily bolstered seats and a slightly tweaked dashboard.
Judging from the design and engineering upgrades, all the efforts are being put into the bits that make it look sinister and go faster. The subtle sheetmetal upgrade to the hood does look particularly muscular and those wheels and tires are no joke either. The F10 generation M5 will no-doubt be a spectacular performer with a modified version of the X5 M's 4.4-liter V8 underhood and a healthy dollop of carbon fiber to cut the weight down. We're sure it'll go, it'll turn, and it'll sound marvelous while doing it, but we'll still miss a good 'ole stick.


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Scrutinizing the impact of pervasive sexuality in the media on women's self-image, "Sexy Baby" intercuts the stories of three females of different ages: a semi-retired stripper/porn star in her 30s, a bright New York tween and a twentysomething kindergarten teaching assistant desperate for a designer vagina. Unevenly structured, the segments differ greatly in length and relevance. Nevertheless, the rich paradoxes and remarkable ambivalences provided by the aforementioned tween, whose development the film most closely chronicles, could give "Baby" a bump in limited theatrical play and ancillary.
Given shortest shrift of the three protags is Laura Castle, defined almost exclusively by her belief that happiness entirely depends on an expensive labiaplasty; her image of how she should look "down there" has been firmly ingrained due to the Internet porn her boyfriends peruse. Her mother, cluelessly supportive, accompanies her on successive stages of the procedure, graphically captured here by directors Jill Bauer and Ronna Gradus (journalists making their docu debut). Male teens speak knowingly oncamera about their definitive, idealized visions of women's genitalia, acquired without the benefit of any sexual experience.
Nichole Romagna, a more interesting subject, teaches pole dancing to housewives and runs an agency for strippers with her husband. She offers insights into the influence of the Internet on the average women's self-image, expounding on her firm belief that sexual media should target adults only, and that teens' first encounters with sex should not be computer-enabled. But the fruits of her experience soon take a backseat to her and her hubby's overriding desire for a baby, the film inexplicably veering off onto their obstacle-strewn road to parenthood.
Bauer and Gradus follow the docu's undisputed star, Winnifred Bonjean-Alpart, from age 12 to 14, with mind-boggling changes marking every step of the way. Her progressive, amicably divorced parents prove almost equally compelling; indeed, the filmmakers would have been well advised to jettison the other segments and concentrate on this one.
At 12, flat-chested Bonjean-Alpart dedicates herself to gymnastics, feminism and theater (the docu samples scenes from a feminist musical she wrote and stars in), interacting closely with her parents and displaying clear self-awareness. At 13, she dons a short, sexy black dress with fishnet stockings for her bat mitzvah; her mother, a criminal defense attorney sporting a "not guilty" tattoo, is similarly attired. A Lady Gaga concert at Madison Square Garden finds Bonjean-Alpart dressed in strapless top and abbreviated skirt, to her father's growing consternation. Supposedly incidentally, the filmmakers also catch the teen's much younger sister, Myrtle, mimicking erotic dances in the living room.
By 14, Bonjean-Alpart spends a third of her time on the Internet; she gives up gymnastics and, in her newly busty incarnation, spends hours with her BFF, taking pictures in sexy poses to post online. The girl's mind/body conflict unfolds with increasing drama as her libido and peer pressure pull her in one direction, while her analytic consciousness tugs her in another.
Though the helmers resist superimposing text/graphics or using narration to push a particular viewpoint, the filmmaking never registers as objective.


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Haven't seen very many clear examples around but I was wondering what would be the correct syntax to return and catch an array of pointers to objects?
For this particular program I am parsing a string into an array of object tokens, and using that array in another class. Stabbing in the dark gets me a compil error, so I was wondering if anyone has any help on the matter?
My current function prototype for returning the array of pointers is:
My return line for the function is:Code:ObjectName* [] function( string something);
Where array is an array of pointers to objectsCode:return ( array);
And the function prototype for the function which uses that array:
The gist of the compile error is I either have an extra bracket/s or are missing some, somewhere Any help would be much appreciated.Code:double function( Object* array[])


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GreenSource Cincinnati Inspires Green Building Professionals
GreenSource Cincinnati Inspires Green Building Professionals
As the movement towards green building continues to grow, navigating through the sea of available products and practices can be a daunting task for today's building professionals. In an effort to cut through this clutter and offer unbiased advice, an Ohio-based industry veteran developed a one-of-a-kind resource center that aims to inspire the Midwest building community with energy-efficient, sustainable technologies. Offering visitors a truly unique learning experience, GreenSource Cincinnati showcases a wide array of commercial and residential applications, ranging from a grey water recycling system to a green roof system and everything in between.
Green Building Takes Root in Cincinnati
In 2008, Ez Housh, president of family-owned Monroe Mechanical in Monroe, Ohio, purchased an 1875 vintage building in downtown Cincinnati. His vision was to renovate it to meet LEED Gold standards for energy-efficiency and offer industry professionals the opportunity to see and learn from green technology in action.
While his initial concept revolved around a first-floor showroom setup, the project quickly flourished into a robust technology showcase encompassing all four floors of the building.
GreenSource Cincinnati Technology Partners
Housh and Monroe Mechanical have been using energy efficient mechanical systems since 1954. Based on their extensive industry experience, Housh and the GreenSource Cincinnati team hand-selected the most viable renewable technologies available for the resource center. Having installed the KNIGHT® Heating Boiler from Lochinvar® in numerous applications, including many state-of-the-art radiant heating systems, Housh approached Lochinvar about becoming one of the center's technology partners.
"Currently, GreenSource Cincinnati has just over 50 technology partners, all of whom meet our strict requirements for quality, efficiency and sustainability," stated Housh. "As the most advanced fully-modulating high-efficiency condensing boiler available, The KNIGHT exemplifies all of these attributes and then some."
The Visitor Experience
GreenSource Cincinnati is available to architects, engineers, building owners, property managers, data center managers and area organizations for planned tours and events.
Visitors to the facility have the opportunity to view many of the featured products and technologies in operation, while others are for demonstration purposes only. Some areas of the building and technologies are left exposed to offer guests a glimpse into the internal components and functionality. For example, a portion of a display room wall is glass-covered to showcase the spray-foam insulation, while the mechanical closet displaying the two KNIGHT Heating Boilers has a glass door to allow guests to view the integration process.
GreenSource Cincinnati also holds regular meetings for the Cincinnati chapter of the United States Green Building Council, the American Institute of Architects and other green-focused groups, as well as frequent "lunch and learn" seminars.
"We were thrilled about the opportunity to partner with GreenSource Cincinnati," stated Jeff Vallett, executive vice president of sales and marketing for Lochinvar. "With the ever-increasing amount of information, products and technologies available, Ez and his team are offering an invaluable resource to professionals in our industry who want to better understand what options are out there and see first-hand how they work."
For more information about GreenSource Cincinnati or to request a tour, visit
. To learn more about the Energy Star qualified KNIGHT Heating Boiler, visit www.Lochinvar.com.
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Testing Ranged Kill Skills – Dr. Boom
Sadly, there's nothing like this for lower levels. But for those players who can get to outland – specifically Netherstorm – the perfect lab for testing your attack spell sequences is just a short jaunt north of Area 52. I speak, of course, of Dr. Boom.
In case you haven't done the quest, he's a mad – well, madder than normal – goblin with a short-range attack. He mainly relies on his Boom Bots (and I'm amazed both Marvel and Nintendo have left Blizzard alone over these guys) — which are easy to avoid by jumping on top of the rocks nearby. Crank up an analysis engine – combat logs, damage meters, whatever – and flurry away. The goblin's got several hundred thousand hit points, and will not be able to touch you. And a reset is (literally) a hop and a jump away.
Now let's get serious. What this will let you do is test your combat sequences. The obvious is what your pattern of spells needs to be to maximize DPS. But you can also test – not theorize, but TEST – how much damage you can inflict before you're OOM using both max damage and sustained fight patterns — and what the overall dps for each will be. Note that this isn't just for shadow. If you're a Holy Smiter, the goblin's still there. Even if you're a healer pure and simple, knowing what combination really and truly gets a lot of damage out there (well, "lot" being relative) can be useful down the road.
By the way… it's also a great way to finish raising the skill on your wand. Target, autoshoot, and get a book or something. Just remember to check in to beat the afk rules every so often. (It's also used for guns and bows and crossbows. And – though you have to keep pressing the button – for throwing.)
I'd like to say that healing mobs in constant battle (and there are a lot of those going on) would let you practice your healing skills. Unfortunately, it's almost impossible to aggro the opposing mobs so there is no control involved — unless you're on a quest, in which case the mobs your helping are usually LOUSY tanks.


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Fast. Trusted. Accurate. That's the HomeTeam Promise
Given the time and energy you've spent looking for your dream home, having absolute confidence that you've chosen the best home for you and your family only makes sense. HomeTeam can help give you that assurance. We take a team of inspectors to the home, and once on site, each team member focuses on his or her area of expertise. We're fast, we're trusted, and we're accurate. That's the HomeTeam promise.
At HomeTeam Inspection Service, we bring a team approach to home inspections. It's part of the HomeTeam difference. HomeTeam brings a team of inspectors onsite and together, our experts conduct a comprehensive, whole-house inspection--as a team, in about half the time. HomeTeam also employs leading web-based technology that allows you to schedule your home inspection online 24/7. And because our team approach is so efficient, HomeTeam can usually schedule your inspection within one day of your call. But that's not all; our advanced reporting software makes it possible for most reports to be available for download the same day as your home inspection, so everyone can make informed decisions quickly, with confidence.
For over 25 years, HomeTeam has been in the business of protecting families as they make one of the most significant decisions in their lives. You can expect our teams to arrive on schedule and provide a fast, thorough home inspection. After your home inspection is completed, you will receive a verbal introduction to the home and a comprehensive report containing information you will find valuable for years to come. We've worked hard to establish our proven reputation with real estate professionals, homebuyers and home-sellers alike, and stand by our promise to provide a professional inspection every time.
HomeTeam applies a systematic approach to home inspections and provides detailed reports utilizing our advanced cloud-based software. We're careful to educate while we inspect and with our team approach, we cover the details with thoroughness and efficiency. Each inspector brings his or her particular area of expertise to the inspection, making the end result more accurate. You will be emailed a cloud-based report with informative pictures and a summary, so that you have the information you need to make a well-informed decision.
Inspection Services That Fit Every Need
As the industry leader in home inspections, HomeTeam is here for home buyers, home sellers and real estate professionals alike. We offer a variety of services that you can schedule in conjunction with the home inspection. It's part of our One Call Does It All ® philosophy! Click below to learn more.
Discover the HomeTeam Difference
At HomeTeam Inspection Service, we use the team approach to home inspections. It's part of the HomeTeam difference.
Each inspector on the team is called upon for his or her specific area of expertise. Together, our experts conduct a comprehensive whole house inspection in about half the time of a traditional inspection.
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HomeTeam Inspection Service Expands with New Location in Santa Monica, CA
Milford, OH - For over 25 years, HomeTeam Inspection Service has been providing fast, trusted and accurate home inspection services throughout the United States and is proud to debut its newest location in Santa Monica, CA... Read MoreRead All News


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weld (matte) 2.5"x8"x1/2" subway made to order
weld (matte) 2.5"x8"x1/2" subway made to order
we are sorry but this product is no longer available. for more glazed thin brick options, visit our subway page.
product description + credits
* this product comes in 42 pieces per box and makes up 6 pieces per square foot
we are sorry but this product is no longer available. for more glazed thin brick options, visit our subway page.
about this collection
where do you find the best quality glazed thin brick tile? you only have to see the clé thin brick collection to experience its simple integrity and superior...everything.
take a 40 year-old artisan studio filled with master glazemakers and tile craftsmen. then ask them to create a glazed brick tile at the top of its game. along with an honest and recycled clay body, our artisans high-fire in small batches, finishing each brick tile with abundant layers of hand-ground glazes. but they're not just good-looking, they can also weather any storm as one of the only glazed bricks that can boast freeze-thaw compatibility - sounds technical, but it's important!
available in a right-on color palette- please be sure to enjoy all our glazes that vary, beautifully.
when your glazed brick tile project matters, clé glazed thin brick is our testament to tile making dexterity
how much variation should i expect?
if you are expecting perfect tiles- then glazed thin brick tiles are not for you. glazed thin brick tiles are created from unrefined clay sources and natural pigments. this, alone, creates tiles of extreme variation of color, shade and size. additionally, each tile is made by hand- one tile at a time. on the other hand, if your project requires beautiful hand made variation- glazed thin brick tiles tiles are perfectly imperfect.
what is the best way to install glazed thin brick tiles?
please refer to our "resources/specification" section.
where can i use glazed thin brick tiles?
please see the "usage" section.
how do I order trim?
please fill out a custom form on the tile color you are interested in and mention that you need to order trim with your order. a sales/customer service rep will get back with you to help you with your order.
how does the tile ship?
clé tiles ship on pallets via ground.
restrictions and exclusions
High-zone delivery areas - fees vary depending on zone
Shipping to an island or peninsula
Inside delivery, whiteglove service - add $175 per pallet.
why do you suggest i order 10% to 15% more than my measurements?
there is always the potential of breakage during moving and shipping tiles (2% to 3%). also, you should always have additional tiles for making tile cuts during your installation, and to store for possible future repair needs.
what are the minimum order requirements?
number generated on the product page square feet
when can i expect my order?
lead time generated on the product page
can i cancel my order?
you have 3 hours to cancel your order. artists' tiles are not eligible for refunds or exchanges.
are there trade discounts?
yes, please refer to our "TRADE PROGRAM" page.
do you sell internationally?
yes, for orders outside of North America, the minimum order is 500 square feet.
wall, kitchen, backsplash, freeze/thaw, shower, bath, fireplace surround, exterior wall, hospitality, commercial, residential


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Exploring the Chilterns countryside
Exploring the Chilterns countryside
When I found out that I was going to help with the Chilterns project, I knew that I had to go cycling there to check the area out. After some research, I chose Amersham (a gateway town for the project) as a base because it has good transport links to London and some great routes too. In particular, there is a series of three heritage circular rides that start and end in Amersham.
I picked the Milton route as it goes right past the accommodation where my husband and I were staying. We had downloaded the route brochure, but as we had a GPS we also plotted it to make it easier to navigate. The brochure has a map as well as detailed turn by turn directions, so the GPS is not essential. Also the route is very well signposted by the colour-coded waymarkers, so all you need to do is keep an eye out for those and away you go!
The route explores the area south of Amersham and is approximately 25 miles long, but there are plenty of shortcuts marked on the map for those who'd prefer a shorter loop.
As we were on bikes with skinny tyres, we decided to take some of the on-road alternatives (still on quiet roads) to avoid the offroad paths recommended by the brochure (the offroad paths are fine to use during the summer months with a hybrid or mountain bike).Chilterns Open Air Museum on the on-road alternative. The COAM has a collection of historic buildings and a working traditional farm, and also offers workshops and living history events.
Shortly after the museum, we found a cafe at a local garden centre, where we stopped for cake and tea - one of my favourite excuses for going out on a bike ride. There are also plenty of pubs on the way, if you fancy a different kind of drink!
As the route goes through villages, there are quiet leafy roads to be enjoyed, while some of the busier roads have cycle paths alongside. It's hard to believe that you're so close to the hustle and bustle of London while cycling through the rolling farmland with grazing animals and wooded surroundings.
The route makes for a pleasant half day ride or a whole day if you wish to take in some of the tourist sights too. Amersham is accessible by tube from London and you can carry bikes on off-peak services or on the mainline railway.
Alternatively, you could make a whole weekend of it, spend more time in the Chilterns and try out some of the other heritage routes too.