text: Job Discussion Forums :: View topic - Travelling Latin America Get TEFL Certified & Start Your Adventure Today! Job Discussion Forums"The Internet's Meeting Place for ESL/EFL Students and Teachers from Around the World!" FAQ Search Memberlist Usergroups Register Profile Log in to check your private messages Log in Travelling Latin America Goto page 1, 2 Next Job Discussion Forums Forum Index -> General Discussion View previous topic :: View next topic Author Message dduckJoined: 29 Jan 2003Posts: 422Location: In the middle Posted: Sat Feb 01, 2003 8:25 pm Post subject: Travelling Latin America I read in one of the journal's that the only reason Americans teach English in Latin America is to learn Spanish and meet women. If they claimed any other reason they'd be lying Anyway, can anyone recommend: good places to go to learn Spanish; good methods of learning; and pitfalls of learning the language whilst teaching. Saludos, Iain Back to top pirateinpanamaJoined: 04 Feb 2003Posts: 93Location: Panama City, Panama Posted: Tue Feb 04, 2003 9:10 pm Post subject: NOT EXACTLY TRUE I`ve been here for over four years and my Spanish is still terrible. And that`s because I speak English all the time. In the RIGHT situation, there is $$$ to be made (much better than Europe). As for the women you`re probably correct- - - they are indeed "fantastico." Still, I`d rather be in Europe. Back to top dduckJoined: 29 Jan 2003Posts: 422Location: In the middle Posted: Tue Feb 04, 2003 9:25 pm Post subject: Re: NOT EXACTLY TRUE pirateinpanama wrote: In the RIGHT situation, there is $$$ to be made (much better than Europe) What sort of right situation is that, if you don't mind me asking Iain Back to top kimchikowboyJoined: 06 Feb 2003Posts: 20 Posted: Fri Feb 07, 2003 3:59 pm Post subject: When I first landed in Chile in '97 I had no Spanish. In reality, I probably would have starved in a Taco Bell. That minimal. I had studied German, and oddly enough, was able to use that quite a bit. Chile is supposedly the worst place to learn Spanish. People speak very quickly and leave out syllables. One friend described their pronounciation as "mush mouth." I've read Ecuador is the best, because of pronounciation and the price of classes. I knew some teachers who had landed in cheaper countries (Venezuela, for example) to pick up the language before heading to the more expensive southern cone. The other poster mentioned always speaking English as a hinderance. I agree, but also the fact that is you have money for Spanish classes, it means you're working a lot and don't have time. If you have time, no work and no money. Classes in Chile and Argentina (this was pre-downward spiral with seeming end) could be expensive. In the end, I picked up the language with a horizontal dictionary: A girlfriend who didn't speak English. And now I need to learn Korean . Pues, suerte, Kimchikowboy Back to top Tiger BeerJoined: 08 Feb 2003Posts: 778Location: Hong Kong Posted: Sat Feb 08, 2003 7:35 am Post subject: South America Interesting post.. actually I taught in South Korea for a year (96-97).. and ended up in South America for the next year (97-9.. and I'd say my main motivation was to study and learn a language I knew I might have a chance to learn!! Plus speaking/using a language is alot of fun.. But little did I know the women were going to be SO much fun in South America!! But to be honest.. Korean and Asian women are pretty hot too.. so I don't think South America is only about hot women.. I think Asia is more about that.. but in South America.. they are alot more fun to interact and meet and flirt with.. The best in South America.. is the Brazilians!!! SHEESH!! what a country!! I originally started in Santiago Chile.. and the Chiliean women were kind of okay.. but the few times I saw an Asian woman in Chile.. I really wanted to get back to Korea! But then I got to Brazil.. and I forgot all about Asia.. Anyhow, since that year in South America though.. I keep finding myself again and again in Asia.. its all good.. Back to top SWFJoined: 09 Feb 2003Posts: 6 Posted: Sun Feb 09, 2003 12:31 pm Post subject: latin men It must be tough to keep a latin woman though cuz latin men have so much more to offer in all areas than other men. Back to top Tiger BeerJoined: 08 Feb 2003Posts: 778Location: Hong Kong Posted: Sun Feb 09, 2003 5:58 pm Post subject: interesting perspective Interesting thought from SWF that it must be hard to keep a Latin woman because a Latin man is so much better than us white dudes.. Actually, when I lived in South America.. I don't remember anything like that. Latin women in Latin America were generally extremely interested in being with a white guy. Kind of like a white american woman's fascination to be with a black dude.. kind of same thing.. latin women in latin america were really fascinated to be with a blue-eyed blond american man of their dreams.. at least that was my experiences.. Back to top Paul GJoined: 16 Jan 2003Posts: 125Location: China & USA Posted: Sun Feb 09, 2003 6:32 pm Post subject: Some years ago, as I was walking home from a Rio night club in the wee hours of the morning, a beautiful young Brazillian girl walked up to me and said she would like to spend the night together. Being a strong believer in the free enterprise system and a supporter of the independent businessperson, I asked her how much it would cost me. She replied, "Oh no, I am not a prostitute. I just want to make love with an American." Well, at that point I considered it my patriotic duty to oblige the young lady, so off we went. (Of course, if she had said that wanted to make love with a Brit I would have started humming "God Save the Queen", but that's beside the point.) This was not an isolated incident. During my three weeks in Rio I was called upon several times to be an "Ambassador of Goodwill". I guess SWF is entitled to her opinion. It's funny, though. The thought of "keeping" any of those girls never occurred to me. ....that would have been so very counter-productive. Back to top kimchikowboyJoined: 06 Feb 2003Posts: 20 Posted: Sun Feb 09, 2003 7:17 pm Post subject: Hey Tiger Beer, I was in Santiago in '97-'98. Did you work there? Where? Kimchikowboy Back to top Tiger BeerJoined: 08 Feb 2003Posts: 778Location: Hong Kong Posted: Sun Feb 09, 2003 7:26 pm Post subject: i passed through Santiago Actually my intention was to live and work in Santiago.. I hung around for about two weeks in the capital.. but couldn't find any work.. ultimately I went to Sao Paulo Brazil.. the Chilean guy who worked the desk of the hostel I was staying in kept raving on and on about Brazil! Then an american guy who turned into a friend of mine was coming from Linguatec in Sao Paulo with the intention to work at Linguatec in Santiago.. but he just wasn't getting any work either.. so I went to Sao Paulo, got a job at his old school and stayed briefly with his ex-roommates.. worked out well.. then later that guy came back as well.. not enough work for either of us in Santiago at that time.. where were you? and where'd u work? i really liked Santiago though.. but I also really fell in love with Brazil and wouldn't regret how things turned out at all.. Back to top BrendaJoined: 13 Feb 2003Posts: 48Location: Montreal, Canada Posted: Thu Feb 13, 2003 8:44 pm Post subject: I'm surprised that the general reason people go to work in latin america is to learn Spanish and meet women. Sheesh, I'm not surprised, but I thought the cliché was to escape the cold climate of the north! Of course, my personal reasons to head down to Mexico were for the language and the culture. Now that I'm hooked on both, I find myself wanted to desperately return for the friends and lifestyle as well as the job opportunities. As for picking up women, I can't say that I've been able to do the same on the flip side of the coin. I may have WANTED to go after my fair sahre of Mexican men, but as a woman I had to keep my reputation clean. I guess it's a lot more advantageous to be a man in this aspect! Back to top dduckJoined: 29 Jan 2003Posts: 422Location: In the middle Posted: Fri Feb 14, 2003 12:05 am Post subject: Thanks for the comments, quite enlightening really. Just for the record, I've decided to start my travels in Quetzaltenango, Guatemala - I like a challenge!. I might try volunteering my services for a while. Failing that I'm heading north into Mexico, if anyone wants to meet up for unos cervezas, just let me know Iain Back to top kimchikowboyJoined: 06 Feb 2003Posts: 20 Posted: Fri Feb 14, 2003 12:40 am Post subject: Re: i passed through Santiago Tiger Beer wrote: where were you? and where'd u work? i really liked Santiago though.. but I also really fell in love with Brazil and wouldn't regret how things turned out at all.. Hey Tiger, Sorry for the delay. I worked at a place in the downtown (behind Cerro Santa Lucia) called Let's Do English. Also known as LECTA. Lesson #1 in the English teaching racket: Beware working for a company that won't tell you its real name. But it was educational. Kimchikowboy Back to top Gary BJoined: 19 Feb 2003Posts: 35 Posted: Fri Feb 21, 2003 5:16 am Post subject: Wha'z up? Yea, I definetely agree Latinas are hot. They are not like North American women or some European women becuase they still want to look like women, act like women, and love their man. Unlike North American women who want to act and look like men. American women always want to compete with their men instead of having a good solid relationship. This is a generalization of course which is faulty logic, but Latinas are great! Latinas are proud of their femmininity and not afraid to flaunt it. I taught EFL there for 5 years, met my wife who is Latina and couldn't ask for anything better! My advice to single guys is to hang out in Latin America if women is what you're after, but treat them well and they'll treat you well. Chow for Now, Love Latinas Gary B In Motown. Back to top Ben Round de BlocJoined: 16 Jan 2003Posts: 1946 Posted: Fri Feb 21, 2003 1:13 pm Post subject: For dduck Quote: Just for the record, I've decided to start my travels in Quetzaltenango, Guatemala - I like a challenge!. I might try volunteering my services for a while. Failing that I'm heading north into Mexico, if anyone wants to meet up for unos cervezas, just let me know. - dduck Guatemala is a beautiful country with some beautiful people. However, the political instability and corruption scare the hell out of me. At least they did a little over 7 years ago when I spent some time there. When I left the USA, I'd narrowed my options/preferences down to Guatemala and the Yucatan peninsula. If you get to Merida, Yucatan, in your travels, feel free to get in touch, and we'll meet up for a couple of cold ones. Best wishes. 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The generalized procedure for immunofluorescence labeling of adherent cell cultures involves fixation of the cells with a suitable reagent, such as paraformaldehyde, glutaraldehyde, acetone, or methanol. The organic solvents serve double duty by also removing most of the plasma membrane components, thus exposing the interior of the cell to antibodies and other non-permeant reagents. Cell cultures fixed with aldehydes require a permeabilization step with a detergent. Triton X-100 is a popular permeabilizing agent, as are saponin, Tween, and sodium dodecyl sulfate (SDS). After permeabilization, cells are treated with a primary antibody (or a mixture of two different antibodies from different hosts) followed by a fluorophore conjugated secondary antibody. In some cases, the primary antibody is labeled with a fluorophore. After immunostaining, the cells can be counterstained with other reagents to visual structural details not revealed by the fluorescent antibodies.
In a double immunofluorescence labeling protocol, the culture of human bone cancer (U-2 OS) cells presented above was treated with a cocktail of mouse anti-histone (pan) and rabbit anti-PMP 70 (peroxisomal membrane protein) primary antibodies. The target proteins were subsequently visualized with goat anti-mouse and anti-rabbit secondary antibodies conjugated to Texas Red and Alexa Fluor 488, respectively. The filamentous actin cytoskeletal network was counterstained with Alexa Fluor 350 conjugated to phalloidin, a bicyclic peptide isolated from the death cap mushroom (Amanita phalloides). Images were recorded in grayscale with a QImaging Retiga Fast-EXi camera system coupled to an Olympus BX-51 microscope equipped with bandpass emission fluorescence filter optical blocks provided by Omega Optical. During the processing stage, individual image channels were pseudocolored with RGB values corresponding to each of the fluorophore emission spectral profiles.
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subset: commoncrawl


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Frances Lucy Accetta, 75, a widely known Chestnut Hill banking executive, died Oct. 3 of a stroke at Thomas Jefferson University Hospital.
A longtime Chestnut Hill resident, Mrs. Accetta had retired in 2001 as vice president, commercial lender and regional manager at National Penn Bank.
She had just begun work in September as a marketing consultant at Valley Green Bank, where she had previously been a customer service representative from 2006 to 2012.
Mrs. Accetta began her banking career at Chestnut Hill National Bank, where she was the first person hired by the bank, then situated in a trailer on the parking lot of SEPTA's West Chestnut Hill train station. She rose quickly as the bank was acquired by National Penn Bank.
Algot F. Thorell Jr., chairman of the board of Valley Green Bank and a founder of the Chestnut Hill National Bank, described Mrs. Accetta as "a banker with a heart."
"She was a decisive, knowledgeable executive who brought to her banking work a caring and concern for the lives of her banking clients and employees," Thorell said, adding that she had been a mentor to many bankers who had subsequently gone on to successful careers in banking.
As a banking executive, she was a founding member of the Chestnut Hill Chapter of Rotary International.
Born and raised in Philadelphia, she was a graduate of Hallahan High School. She had worked as a teacher's aide at Our Mother of Consolation Church in Chestnut Hill, while her children were young, and was a longtime member of the church choir.
A devoted mother and grandmother, she spent considerable time commuting to California and, later, Texas, to assist her daughter, Jill, with the care of her three children, one of whom suffered from a rare illness that required frequent blood transfusions and, ultimately, a successful bone marrow transplant.
In addition to her daughter, Mrs. Accetta is survived by a sister, Norma, and four grandchildren. Her husband, Jack, and a daughter, Susan preceded her in death.
A funeral Mass was celebrated Oct. 9 at Our Mother of Consolation Church. Memorial donations may be made to the Chestnut Hill Rotary Foundation, P.O. Box 4332, Philadelphia, PA 19118. – WF


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I don't know man, I guess that makes a little sense, but Draft express listed felton as under 6' in socks. why would they lie? if anything it's in their favor to report the facts with no bias or bull. i under stand you can try to scrunch down if you want them to measure you shorter, but that's not going to take off three inches+.
the only possibilities are that Felton grew three inches since draft express measured him, or that they lied about his hight to cover his ass so he could play PG (he ended up playing a lot of SG his first couple of seasons anyway). I don't think either scenario is very plausible.
bottom line: dude looks pretty short to me no matter what anybody says
Exhibit A
Exhibit B (6'3" Monta Ellis Clearly looks taller)
Discuss anything related to Golden State Warriors basketball here
Moderators: Mr. Crackerz, JREED, Guybrush, 32
xbay wrote:Well, being short hasn't stopped guys like Chris Paul, Allen Iverson, or Earl Boykins from being either great players or quality role players.
that's true...but none of those guys have had someone as small and defensively inefficient as monta.


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No. 97,326
1. A district court's decision regarding disqualification of counsel for a conflict of interest is reviewed for an abuse of discretion.
2. An abuse of discretion standard is applied to the district court's decision to deny a defendant's motion to withdraw a guilty plea.
3. Where a Sixth Amendment right to counsel exists, there is a correlative right to representation that is free from a conflict of interest.
4. Unless a defendant waives the right to counsel, the defendant should be represented by conflict-free counsel whenever the State is represented at a post-conviction hearing.
5. Where a trial court becomes aware of a possible conflict of interest between an attorney and a defendant charged with a felony, the court has a duty to inquire further. Likewise, where the trial court is advised of the possibility of a conflict by either the defendant or the State, the court is required to initiate an inquiry to insure that the defendant's Sixth Amendment right to counsel is not violated. A trial court abuses its discretion if it fails to inquire further after becoming aware of a potential conflict between an attorney and his or her client.
6. Under the Sixth Amendment, an actual conflict of interest occurs when a counsel's divided loyalties adversely affect counsel's performance.
7. Under the Sixth Amendment, a defendant who shows an actual conflict of interest in his or her counsel's representation is not required to demonstrate prejudice in order to obtain relief.
Appeal from Sedgwick District Court; JAMES R. FLEETWOOD, judge. Opinion filed July 11, 2008. Reversed and remanded with directions.
Monique K. Centeno, Lawrence W. Williamson, Jr., and Sean Shores, of Shores, Williamson and Ohaebosim, LLC, of Wichita, for appellant.
Kristi L. Barton, assistant district attorney, Nola Tedesco Foulston, district attorney, and Paul J. Morrison, attorney general, for appellee.
Before BUSER, P.J., MALONE and McANANY, JJ.
BUSER, J.: Marcus D. Toney appeals the denial of his motion to withdraw his plea. In part, Toney contends his court-appointed public defender had an actual conflict of interest at the hearing on the motion. According to Toney, this conflict arose because one of the grounds for his motion to withdraw plea was that his public defender (who also represented him at the hearing on the motion) failed to properly investigate his case prior to the plea. Toney contends his public defender either failed to argue her own ineffectiveness at the hearing or failed to withdraw as counsel in order to testify as a witness regarding her own ineffectiveness. Finally, Toney argues that his public defender's failure to properly investigate his case caused a manifest injustice necessitating withdrawal of his plea.
We conclude that Toney has shown an actual conflict of interest for which prejudice is presumed. Accordingly, we find an abuse of discretion in the district court's denial of Toney's motion to withdraw his plea. The matter is reversed and remanded for appointment of conflict-free counsel and reconsideration of Toney's motion.
Factual and Procedural Background
On July 7, 2004, Toney was charged with burglary in violation of K.S.A. 21-3715(a). A public defender was appointed as Toney's counsel. On the day of trial, January 24, 2005, Toney pled guilty to the burglary charge in accordance with a plea agreement. A key aspect to the plea agreement was the State's promise to recommend that the sentence imposed for burglary would run concurrently with Toney's previously imposed federal sentence for felony possession of a firearm.
On February 28, 2005, Toney appeared for sentencing with the chief public defender who advised the district court that Toney's criminal history listed three person misdemeanors but that Toney did not "have a specific recollection of all three convictions or whether he had counsel." The chief public defender said he had advised Toney to challenge these convictions, but that Toney had declined. After being questioned by the district court and after further consultation with the chief public defender, Toney reiterated his decision to proceed without challenging his criminal history. The district court followed the plea agreement and sentenced Toney to 29 months' imprisonment to be served concurrently with his federal sentence.
At an unknown date, but prior to June 28, 2006, Toney wrote a letter to the sentencing judge asking to withdraw his plea. Toney stated, in part: "I have tried on several occasions to communicate with both [the public defender and chief public defender] since February 2005, with no success. There have been numerous instances in the handling of this case that I feel my counsel was ineffective & harmful to the outcome of my sentence."
One month later, Toney's public defender filed a motion to withdraw plea. Without mentioning Toney's ineffective assistance allegations, she alleged that Toney was innocent and "did not understand the consequences of entering a plea when it was entered."
A hearing on the motion to withdraw plea was held on August 11, 2006. Toney appeared in person with his public defender who advised the district court that Toney was still in the custody of the Kansas Secretary of Corrections, and that "the US Marshall's Office chose not to come and pick him up and put him back in federal custody until he completes his State sentence. Because of that, Mr. Toney was unable to get the benefit of his bargain and the concurrent sentences that this Court ordered."
The public defender also stated that Toney "relates to me that he is innocent of this charge and would ask this Court to set aside a plea [because] he believes that I was ineffective in representing him in the investigation of this case." She added, "I do believe there may be a conflict of interest if Mr. Toney asserts that I was ineffective in the investigation of his case."
At the invitation of the district court, Toney addressed the judge personally, stating:
"As far as the claim of ineffective assistance, the reason why it was filed as it related to the investigation process was that approximately between July 4th and the October date, I . . . submitted to the Public Defenders' Office witness material related to my case that I feel wasn't followed up on by investigation. Then when my trial date came around, like six months later, then my witness had relocated or her phone number had changed or something where they weren't able to get in contact with them [sic] for my trial."
Toney also claimed he had not challenged his misdemeanor convictions at sentencing "since it was the understanding of myself, the Public Defenders' Officer, and at that time the Federal Public Defenders' Office, that the . . . sentence I received wouldn't really affect my federal sentence at all." Toney characterized the sentence he was currently serving as "a consecutive sentence."
The prosecutor opposed the motion to withdraw plea because the State had complied with the plea agreement. With regard to the ineffective assistance of counsel claim, however, the prosecutor noted, "[T]he State's in a position where we cannot call the main witness regarding that because she is currently representing [Toney]. So, I would agree with [the public defender] that . . . she probably does have a conflict as she would be the State's main witness in that regard."
Similarly, the prosecutor addressed Toney's claimed misunderstanding of the effects of his misdemeanor convictions upon his possible sentence. The prosecutor noted that if Toney was claiming ineffective assistance of counsel in that regard, "the State would need to call [the chief public defender]. And, again, that would make the Public Defenders' Office in conflict with representing him at the same time."
The district court denied Toney's motion, stating:
"[A]fter reviewing the file in this matter and considering these representations of counsel as well as Mr. Toney's own statements . . . the Court is under the impression that he has received the full benefit of his bargain. That I did follow the plea agreement. I did make the appropriate recommendations as suggested. The fact that the Federal Court made other decisions does not affect that.
"And the other allegations that have been made concerning an allegation of ineffective assistance of counsel are fairly facile, and we [sic] do not rise to the level of justifying further action on this matter."
The district court's journal entry did not provide additional findings of fact or conclusions of law.
On appeal, Toney renews his contention that his public defender provided ineffective assistance of counsel while investigating his case prior to his guilty plea. Toney claims this situation placed his public defender in an actual conflict of interest at the hearing on the motion to withdraw plea, which violated his rights under the Sixth Amendment to the United States Constitution. Finally, Toney contests the district court's ruling on the merits.
Toney does not renew the claim he made at the hearing on his motion to withdraw plea that the chief public defender was ineffective at sentencing. Accordingly, that issue is deemed waived or abandoned. See State v. Walker, 283 Kan. 587, 594, 153 P.3d 1257 (2007).
Sixth Amendment Right to Conflict-Free Counsel
A district court's decision regarding disqualification of counsel for a conflict of interest is reviewed for abuse of discretion. In re Habeas Corpus Petition of Hoang, 245 Kan. 560, 566-67, 781 P.2d 731 (1989), cert. denied 494 U.S. 1070 (1990); State v. Carver, 32 Kan. App. 2d 1070, Syl. ¶ 7, 95 P.3d 104 (2004). An abuse of discretion standard is also applied to the district court's decision to deny a defendant's motion to withdraw a guilty plea. See State v. Ryan, 29 Kan. App. 2d 297, 298, 26 P.3d 707, rev. denied 272 Kan. 1422 (2001) (motion to withdraw plea, alleging conflict of interest).
We begin our analysis with a fundamental principle: "Where a constitutional right to counsel exists, . . . there is a correlative right to representation that is free from conflicts of interest. [Citations omitted.]" Wood v. Georgia, 450 U.S. 261, 271, 67 L. Ed. 2d 220, 101 S. Ct. 1097 (1981). Given that a hearing was held on Toney's motion to withdraw plea and the State was represented, Toney had a constitutional right to conflict-free counsel at the hearing. See State v. Taylor, 266 Kan. 967, 975, 975 P.2d 1196 (1999); see also United States v. Segarra-Rivera, 473 F.3d 381, 384 (1st Cir. 2007) (stating a general right to counsel at plea withdrawal hearings).
Our Supreme Court has established guidelines for a district court to follow when faced with a possible conflict of interest in a criminal case:
"Where a trial court becomes aware of a possible conflict of interest between an attorney and a defendant charged with a felony, the court has a duty to inquire further. Likewise, where the trial court is advised of the possibility of a conflict by either the defendant or the State, the court is required to initiate an inquiry to insure that the defendant's Sixth Amendment right to counsel is not violated. A trial court abuses its discretion if it fails to inquire further after becoming aware of a potential conflict between an attorney and his or her client." State v. Vann, 280 Kan. 782, Syl. ¶ 1, 127 P.3d 307 (2006).
It is important to note that the district court failed to inquire when both counsel suggested that Toney's public defender had a conflict of interest. Although the district court asked some questions of Toney, these inquiries did not directly address the conflict issue, and no questions were asked of his public defender. The district court was advised of Toney's assertion that he had provided his public defender with information regarding a witness, but due to her inadequate investigation, the witness was unavailable for trial. The public defender's representation of Toney at the hearing where Toney was claiming her ineffectiveness did not present a "vague, unspecified possibility of conflict" which would not trigger the duty to inquire under the Sixth Amendment. See Mickens v. Taylor, 535 U.S. 162, 168-69, 152 L. Ed. 2d 291, 122 S. Ct. 1237 (2002).
Toney's letter and in-court statements, coupled with the acknowledgments by Toney's public defender and the prosecutor of an apparent conflict of interest, were sufficient to engage the district court's duty to inquire upon becoming "aware of a possible conflict of interest." See State v. Carter, 284 Kan. 312, 321, 160 P.3d 457 (2007).
Under Kansas law, the district court's failure to inquire about the apparent conflict of interest was an abuse of discretion. Vann, 280 Kan. 782, Syl. ¶ 1; Carver, 32 Kan. App. 2d at 1078. This determination, however, does not end our review. In Mickens, even though its own precedent imposed a "mandate of inquiry" when the possibility of a conflict presented itself, the United States Supreme Court rejected "automatic reversal" as a means to enforce that mandate. 535 U.S. at 173. Our Kansas Supreme Court has acknowledged this precedent. See Carter, 284 Kan. at 321 (citing Mickens); Gleason, 277 Kan. 624, 650, 88 P.3d 218 (2004) (quoting Mickens).
Under the Sixth Amendment, an actual conflict of interest occurs when a counsel's divided loyalties adversely affect counsel's performance. (Emphasis added.) Mickens, 535 U.S. at 172 n.5; Gleason, 277 Kan. at 654; Carver, 32 Kan. App. 2d at 1081. In order to prevail, therefore, Toney is required "to establish that the conflict of interest adversely affected . . . [his public defender's] performance." See Mickens, 535 U.S. at 174.
Applying this precedent to the present case, two questions must be addressed: First, was the public defender's representation of Toney during the hearing on the motion to withdraw plea a conflict of interest? Second, if true, was this conflict an actual conflict of interest? In other words, did the divided loyalties of Toney's public defender adversely affect her performance at the hearing? See 535 U.S. at 172 n.5.
With regard to the first question, we are persuaded that Toney's public defender had divided loyalties at the hearing. Her purported ineffectiveness in investigating Toney's case prior to the plea was critical to her client's motion to withdraw plea. In order to faithfully and effectively represent Toney at the hearing, the public defender would be obligated to advocate and prove her own professional ineffectiveness. On the other hand, in order to defend herself against Toney's allegations of ineffectiveness, the public defender would be required to advocate against her client's legal position. This obviously placed the public defender in a tenuous position.
Similar divided loyalties were highlighted in Lopez v. Scully, 58 F.3d 38 (2d Cir. 1995), wherein the defendant sought to withdraw his guilty plea because of coercion allegedly exerted by his attorney. The Second Circuit observed, "To argue in favor of his client's motion would require admitting serious ethical violations and possibly subject [counsel] to liability for malpractice; on the other hand, '[a]ny contention by counsel that defendant's allegations were not true would . . . contradict his client.'" 58 F.3d at 41.
In the present case, Toney's public defender candidly acknowledged her conflict to the district court. The prosecutor concurred with this assessment on the additional ground that both the chief public defender and the public defender would be necessary witnesses in support of Toney's claim. This situation could implicate ethical considerations. See Kansas Rule of Professional Conduct 3.7 (2007 Kan. Ct. R. Annot. 523).
We are persuaded that the subject matter of Toney's legal argument and his public defender's in-court acknowledgment of divided loyalties were sufficient to establish a conflict of interest at the time of the hearing on the motion to withdraw plea.
We next address the second question, whether these divided loyalties adversely affected the performance of Toney's public defender at the hearing. Although the district court did not consider this matter, the record contains sufficient information to permit our review. See Gleason, 277 Kan. at 649-50; State v. Jenkins, 257 Kan. 1074, 1080, 898 P.2d 1121 (1995).
It is unknown when Toney's public defender learned of his letter to the district court, but she failed to include Toney's allegations of ineffectiveness in the written motion to withdraw plea. More significantly, the hearing transcript indicates Toney's public defender mentioned Toney's allegations only to alert the district court to her client's ineffectiveness claim and the resulting conflict this presented. Toney's public defender did not, however, argue her own ineffectiveness in support of Toney's motion or seek withdrawal from further representation of Toney.
Some jurisdictions have concluded as a general matter that "[c]ounsel cannot be expected to argue his or her own ineffectiveness." State v. Ballew, 89 Ohio St. 3d 204, 205, 729 N.E.2d 753 (2000); see United States v. Del Muro, 87 F.3d 1078, 1080 (9th Cir. 1996); Sullivan v. United States, 721 A.2d 936, 937 (D.C. 1998); State v. Molina, 271 Neb. 488, 535, 713 N.W.2d 412 (2006). The Illinois Court of Appeals has held, for example, that "[a] per se conflict of interest arises when attorneys argue motions in which they allege their own ineffectiveness." People v. Keener, 275 Ill. App. 3d 1, 5, 655 N.E.2d 294 (1995).
"Kansas has not recognized a per se conflict of interest with regard to the attorney-client relationship." State v. Robertson, 30 Kan. App. 2d 639, 641, 44 P.3d 1283 (2002).
The facts of this case do not require us to decide–and we decline to consider–whether defense counsel may properly advocate his or her own ineffectiveness and thereby avoid a claim that divided loyalties adversely affected counsel's performance.
In the present case, Toney's public defender had an admitted concern about having a conflict of interest which resulted in her failure to present evidence and to advocate in support of Toney's motion to withdraw plea. As a consequence, her conflicted representation necessarily undermined any possibility that Toney's motion would be successful. Under these circumstances, we hold the divided loyalties of Toney's public defender adversely affected her performance as Toney's counsel and created an actual conflict of interest.
In contrast to cases under Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984), "a defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief." Cuyler v. Sullivan, 446 U.S. 335, 349-50, 64 L. Ed. 2d 333, 100 S. Ct. 1708 (1980); see also Mickens, 535 U.S. at 173 ("[T]he Sullivan standard . . . presumes prejudice."). Accordingly, because Toney's public defender had an actual conflict of interest, we presume prejudice in this case.
The district court's ruling on the motion to withdraw plea is reversed. We do not reach the merits of Toney's motion. The matter is remanded to the district court for appointment of conflict-free counsel and reconsideration of Toney's motion to withdraw plea.
Reversed and remanded with directions consistent with this opinion.


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The Fantasy Fan
The Fantasy Fan was a fanzine by Charles D. Hornig published in the 1930's in Elizabeth, New Jersey, U.S.A.
Charles Hornig began The Fantasy Fan at seventeen and published his first issue in September 1933. It is regarded as the first fanzine in the weird fiction field. It featured articles, news, fiction, poetry and letters. Although it had a small print run of 300 copies, it attracted the premier fiction writers of the day - H.P. Lovecraft, Clark Ashton Smith, Forrest J. Ackerman, Robert Bloch, August Derleth and Robert E. Howard. These same contributors were also letter writers to the fanzine and frequently argued with one another in the section called "The Boiling Point".
The Fantasy Fan also included contributions by F. Lee Baldwin, R.H. Barlow, Duane Rimel and Bob Tucker. it included news items on weird writing by Julius Schwartz and Mortimer Weininger.
The last issue was published in February 1934. There was talk of reviving it, with Lovecraft as editor, but it did not come to pass.


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Sutherland's Station
Other Names: None
Location: Dinwiddie
Campaign: Appomattox Campaign (March-April 1865)
Date(s): April 2, 1865
Principal Commanders: Maj. Gen. Nelson A. Miles [US]; Maj. Gen. Henry Heth and Maj. Gen. Cadmus Wilcox [CS]
Forces Engaged: Divisions
Estimated Casualties: 970 total (US 370; CS 600)
Description: Union columns converged on Petersburg on April 2. part Mile's force struck north from White Oak Road meeting elements of four Confederate brigades (Cooke, Scales, MacRae, McGowan) attempting to defend the South Side Railroad. The Confedeerates placed their left flank on Ocran Methodist Church, where it was overun by three Union brigades commanded by Miles. The Confederate defenders were scattered and driven northwestward. With this victory, the Federals possessed the South Side Railroad, Gen. Robert E. Lee's last supply line into Petersburg.
Result(s): Union victory
CWSAC Reference #: VA090
Preservation Priority: II.3 (Class C)
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– 2 Dessert Rolls – if using Authentic by Sweetwater
– rhinestone button for girls dress
From the skirt extension fabric strip, cut two pieces that measure 1″ larger than the shirt measurement you took in the previous step. For example… if your shirt measured 13″ from side seam to side seam, then you will want to cut two pieces that measure 14″ each.
Now, from the 3 prints for your ruffled skirt, determine which print you want for the top layer, middle and bottom layers. You should have two strips of the same print for each layer.
The middle and the bottom layers will stay 5″ wide… no cutting involved on these layers.
Taking the two strips you just cut down to 3 1/2″ place two of the short ends RST, stitch 1/2″ seam and zig-zag stitch the raw edge. DO NOT stitch the other short side together yet. Repeat this step for the middle and the bottom layers.
Fold and press the bottom pinked edge of the top layer 1/4″ to the wrong side of the fabric. Repeat this step for the middle and bottom layers.
Sew a 1/8″ stitch from the pinked edge to create the bottom hem of the ruffle. Repeat this step for the middle and bottom layers.
On the other long, raw edge, sew a basting stitch to form the ruffle. You can do this however you like. I prefer to use my machine and just make my stitch width as large as it will go. To begin, I start off with a backstitch to hold one side in place. When I get to the other end, DO NOT backstitch. You need to leave a little extra thread so you can pull the top thread GENTLY to create the ruffle. Repeat this step for the middle and bottom layers.
You will make your ruffle the length of your skirt measurement plus 1″. For example… if your skirt measurement is 26″, then your ruffle should be 27″. Once you have your ruffle to the desired length, tie the threads in a knot at the end where you were pulling to create your ruffle so your ruffle does not stretch back out while creating the side seam. Match up the two raw short ends RST and sew 1/2″ seam and then zig-zag the raw edge to finish it off. Repeat this step for the middle and bottom layers. You should now have three ruffled skirt layers.
Match one of the extender pieces and the top ruffle and pin the raw edges toghether as shown. The right sides of the extender piece and the ruffle should both be facing out. First, match the side seams together when pinning to make sure you get an acurate amount of ruffle all around the skirt. Then work your way around the skirt making sure you have it pinned evenly. Stitch 1/4″ seam allowance around the top of the skirt to hold the top ruffle and extender piece in place.
Flip the top ruffle wrong side up to expose the first extender layer.
Slip the middle layer ruffle over the first extender piece with RST. Pin in place.
Next, slip the 2nd extender piece over the 2nd ruffle creating a sandwich effect. Matching the side seams with the first extender and the middle ruffle, pin the second extender piece in place with the right side facing the wrong side of the middle ruffle. Sew through the three layers a 1/2″ seam from the raw edge where pinned. Zig-zag the raw edge to finish it off.
Flip the middle ruffle right side out exposing the first extender. Pull the second extender down so it is parallel to the middle layer and flip the top layer wrong side up out of the way so you can top stitch the seam in place on the first extender layer. See the pictures below.
This picture below show how the top layer should now lay against the first extender and the middle layer should be laying against the second extender.
Flip the ruffled layers wrong side out and keep the second extender pulled up with the right side facing out. Pin the bottom ruffle RST to the second extender, first matching up the side seams and then working your way around the skirt. Stitch a 1/2″ seam around from the raw pinned edge and then zig-zag to finish off the raw edge.
As done with the middle layer, flip the top and middle ruffles wrong side up exposing the second layer and the bottom ruffle. Make sure the bottom seam is facing up towards the top of the skirt and top stitch 1/8″ from the bottom ruffle to hold the seam in place.
This picture shows how the layers should be laying when sewing the top stitch on the second extender piece.
We will now assemble the skirt to the button-up shirt.
Matching up the side seams of the shirt and the skirt, pin the shirt to the skirt RST. Make sure the button up shirt is buttoned up all the way to help ensure that the shirt stays aligned with the skirt. Sew a 1/2″ seam all the way around from the raw edge and then zig-zag the edge for a nice clean edge.
Flip the dress Right side out and top stitch the seam down 1/8″ from the skirt ruffle. The stitching should be on the white shirt bottom.
Take the last piece of dessert roll that was set aside and fold and press both of the short edges of the strip towards the wrong side of the fabric.
Fold the strip in half lengthwise and press.
Unfold the strip and press the two long sides in toward the middle fold. Press.
Fold the strip in half again lengthwise, concealing the raw edges all the way around the strip. Press.
Stitch a 1/8″ seam around the four sides of the strip to finish off the belt. Set the belt aside.
From the extra dessert roll fabrics, create your applique flower or any other applique favorite.
Using your preferred method of applique, stitch around the applique pieces and stitch the ric-rak stem in place.
Pin the belt in place aligning the bottom of the shirt and the bottom of the belt. Leave about a 3 inch opening to be able to tie a knot or bow once the belt has been stitched on the dress. I offset my opening so the tie would be on the side. Make sure you leave the same amount of fabric dangling on both sides of the tie before stitching into place.
Stitch the belt into place on both sides of the belt. I simply followed the current stitch line that was on the belt which is approx. 1/8″ on either side. Be sure to backstitch on all the beginnings and ends of your stitching on the belt. Tie a knot or bow to finish the belt off.
Add a rhinestone button to the middle of the flower applique and YOU ARE DONE!
You now have one happy little girl! Add a coordinating tank top under the shirt dress, a pair of lace capri leggings, and slip-on shoes to complete the look.
Print out the ABCD font graphic shown or create your own. Pick out a fabric to use on three of the letters and another fabric for one of the letters. I chose to do AB and D in one fabric and the letter C in the other fabric. Apply the fusible web to the wrong side of your two fabric choices.
Cut out the letter templates and place the letters upside down on the backside of the fabric where the fusible paper is left. Trace around the letters with a pen and then cut on the traced lines to form your fabric letters.
Remove the paper backing and iron the letters in place. I wanted to give the shirt a more modern / retro look, so I placed the letters vertically on one side of the shirt starting at the shoulder then working its way down. The shirt I used had a mono-tone pin striping detail in it so I just aligned the letters along the lines of the shirt. You may need to use a straight edge to help you align your letters if your shirt is plain.
Once you have fused your letters in place, applique the letters on using your preferred method of stitching.
One handsome little boy in a cool modern shirt made especially by you! I like the long sleeved shirts and then just roll the sleeves up a couple times. Makes it very versitle for warmer and colder months.


text:
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Papadopoulos, Irena and Zorba, A. and Koulouglioti, Christina and Ali, Sheila and Aagard, M. and Akman, O. and Alpers, L. M. and Apostolara, P. and Biles, J. and Martín-García, A. and González-Gil, T. and Kouta, C. and Krepinska, R. and Kumar, B. N. and Lesińska-Sawicka, M. and Lopez, L. and Malliarou, M. and Nagórska, M. and Nissim, S. and Nortvedt, L. and Oter-Quintana, C. and Ozturk, C. and Pangilinan, S. B. and Papp, K. and Eldar Regev, O. and Rubiano, F. O. and Tolentino Diaz, M. Y. and Tóthová, V. and Vasiliou, M. (2016) International study on nurses' views and experiences of compassion. International Nursing Review, 63 (3). pp. 395-405. ISSN 0020-8132


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jdritalia avait besoin d'un nouveau design de logo et a lancé un concours sur 99designs.
Un gagnant a été sélectionné de 551 designs proposés par 114 designers freelance.
Twisted Spiders
Twisted Spiders is a young business in the Salt Lake City, Utah area. We create uniquely handmade ornamental spiders from beads and wire using our patented design. Our Twisted Spiders are available in a variety of sizes ranging from one inch in diameter to over 8 inches in diameter. We offer them as pins, magnets, hairclips, necklaces, earrings, and ornaments. Our Twisted Spiders are beautiful and elegant. People that see them, even if they fear spiders, are drawn to them because of their beauty. Not only is there a lot of wire twisting when we make these spiders, we've taken a creature that often evoke an emotion (often negative) and transformed them into something beautiful, giving another reason for the "twist" in the name. They aren't creepy, scary or ugly. We don't promote them as holiday items at all. To us at Twisted Spiders, spiders don't have a season. Real spiders live year round and our business is proving that Twisted Spiders will be purchased regardless of the time of year.
Our experience selling them shows that there really is no specific audience. There is a Twisted Spider for everyone. Young, old, male, or female. So many people have a spider memory that comes to mind when they see our spiders. So many will say, "I hate spiders but these are awesome!" or "I love these, these are amazing!" Those with true arachnophobia will get their heart racing a bit but that's a compliment to us because it shows that we have captured what a real spider looks like in shape and form. Some have even taken home a "therapy" spider to help them overcome their fear. Many of our spiders are hung in windows or from a car mirror, worn in different ways or even put on garden hooks outside putting a smile on the faces of those that see them.
The Logo must have the words "Twisted Spiders" in it and a spider. We want the font to be readable by all ages but not totally boring. We want the logo to somehow portray the elegance or beauty of our product. We don't want the spider to be "cartoony" in style or in anyway creepy. For colors, we like dark purple and black for sure and possibly some green.
We want the spider to be unique and identifiable when seen without the word Twisted Spiders. It could possibly include the letters T S inside but this is not required. Be creative and original! We are very excited about this and feel that the name gives you artists an excellent opportunity to work on a fun project. We look forward to reviewing the concepts and providing plenty of feedback in order to get the best design possible. Have fun with this one!
If you go to http://www.twistedspiders.com you can see a photo gallery of some of our Twisted Spiders.
Savoir comment fonctionne un concours de design ou en savoir plus sur nos services de design de logo.


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Now based in Hertfordshire, Barry Patterson grew up in Cheshire in a family full of Liverpool supporters. It wasn't until he was in his 40s that he was told he was also related to a former Everton captain. When he's not creating artworks, he loves watching good films in beautiful cinemas, and can't stand multiplexes. He also enjoys modern architecture, and the energy of live music festivals.
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thebridalbell needed a new web page design and created a contest on 99designs.
A winner was selected from 34 designs submitted by 13 freelance designers.
I'm looking for a clean web 2.0 redesign of thebridalbell.com. I'm looking to catch the eye of the bride more than the groom, and need help doing that. I'm open for pretty much anything, but I'll be able to narrow things down when I see some examples.
I would need the design for just the homepage as well as the psd files used for all the images and the psd of the design itself. Everything is up in the air for change, the logo needs to go the colors might need to changed. The site should be geared to potential brides versus the grooms.
TheBridalBell.com is a one man company, I have the skill to handle all back end processing, but need loads of help in the design department. I think a great design is key to getting this site up and going and without it I'm stuck.
- Item 1...
- Item 1...


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jlwill needed a new logo design and created a contest on 99designs.
A winner was selected from 128 designs submitted by 38 freelance designers.
Currently do not have logo.
I Love My Nanny
Please design a logo for a web site, blog, letterhead, business card, etc.
I Love My Nanny is a nanny service aka nanny agency. Wealthy parents use the agency to hire a nanny. Nannies use the agency to secure a top level nanny position in the US and abroad.
- web 2.0, memorable, warm, inspires confidence, professional, distinguished, unique, upper class, appeals to women, wealthy, seek the kind of logo a person would wear on a shirt just because the design is great.
- clip art, humdrum, run of the mill, amateur, forgettable, discount service, cheap
Find out how a design contest works or learn more about our logo design services.


text: Optimize Gain in Cattle October 15, 2012 02:41 AM Tweet TAGS: Marketing, Overseas December 18, 2014 By Kim Watson Potts Drovers Email With high feed costs, every improvement in feed efficiency boosts the bottom line. As feed costs continue to climb, feeding cattle has become a challenge and every efficiency that is gained while calves are on feed helps reduce an operation's overall feed costs. "With feed as high as it is right now, it's absolutely critical to use the tools available to boost gains and efficiency," says Troy Stowater, president of Cottonwood Feeders of Stuart, Neb., and Diamond 6 Feeders of West Point, Neb. In times like these, he uses several tools to keep closeouts on cattle in the black. These include feed additives, ionophores, implants, beta agonists and overall management techniques to keep cattle comfortable and improve feed efficiency. New feed additive options. Nutritionist Ki Fanning of Great Plains Livestock Consulting, Inc., in Eagle, Neb., sees a benefit to using feed additives to boost gains. The costs of the additives typically are more than covered by improved feed efficiency. "One product that has some good data is Kemin's KemTRACE chromium propionate—it increases the energy derived from feed. Two other standby products that also have good data are from Zinpro [trace minerals]and Diamond V [yeast products]," Fanning says."All three should be considered in background diets." Research by nutritionists Brad Johnson and Bryan Bernhard at Texas Tech University indicates that steers fed chromium propionate showed an increase in average daily gain (10.8%) and feed efficiency (4.2%) as chromium propionate concentrations increased, compared to the control group. The research also found that the increased intake of chromium propionate resulted in reduced incidences of morbidity during the trial period, which would also benefit receiving rations. There is value in feeding supplements such as chromium propionate, Stowater says. He's seen a 4% improvement in feed efficiency at a cost of 1¢ per head per day on feed. "That takes about 4¢ to 5¢ per pound off the cost of gain. And with feed costs this high, it makes sense," he says. In addition, Johnson recommends incorporating yeast cell wall supplements in receiving rations. Based on his research on a yeast supplement from Lesaffre Yeast Corporation, he found the products increased feed intake and in some cases boosted the cattle's immune response. Another feed additive, ionophores, improve feed efficiency by 3% to 10% depending on the diet, Fanning says. These products target the ruminal bacterial population to improve cattle feed efficiency and reduce the risk of acidosis and bloat. This makes ionophores a good investment, since the cost of feeding is only a few cents per head per day. Relatively new to the cattle feeder's toolbox are beta agonists such as Optaflexx and Zilmax. These products are added to fi nishing rations during the last 20 to 40 days of feeding. These compounds are "repartitioning agents" that change the energy derived from feed, shuttling it to muscle instead of fat deposition. Research shows these products increase average daily gain and feed effi ciency anywhere from 9% to 40%. Implants prove their worth. Implants offer a 10:1 return on investment, Fanning says. Typical implant programs in feedlot cattle can improve weight gain by 15% to 25% and feed effi ciency by 8% to 12%. Since implants tend to increase carcass weight and impact leanness, timing is important. A University of Nebraska study found that delaying the initial feedlot implant by 30 days improved marbling without impacting feedlot performance. In the study, using Synovex S, average daily gain, fi nal weight, hot carcass weight, fat thickness, ribeye area and yield grade were not affected by implant regimen. However, steers with delayed implants had higher marbling scores and percentage grading Choice (92% versus 68%). Even with the use of all these tools, proper management and handling impacts gain efficiency and requires little investment. "The biggest thing, we believe, is to keep cattle as comfortable as possible," Stowater says. Using these tools has helped his feedyards maintain outstanding closeouts and optimize gains even during this time of record-high feed costs. Back to news