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No. 87,788
In this appeal from a jury conviction of severity level 4 aggravated battery, K.S.A. 21-3414(a)(1)(A), it is held the trial court did not err (1) when it refused to give instructions for severity levels 7 and 8 aggravated battery, (2) when it instructed the jury that great bodily harm occurs when a person sustains a "through and through bullet wound," and (3) when it refused to permit the testimony of a physician concerning inadmissible evidence and legal conclusions. With the absence of trial error, the totality of the circumstances did not prejudice the defendant and deny him a constitutionally fair trial.
Appeal from Labette District Court; DANIEL L. BREWSTER, judge. Opinion filed February 28, 2003. Affirmed.
Shawn Minihan, assistant appellate defender, and Randall Hodgkinson, deputy appellate defender, for appellant.
Steven W. Wilhoft, county attorney, and Carla J. Stovall, attorney general, for appellee.
Before GERNON, P.J., KNUDSON, J., and LARSON, S.J.
LARSON, J.: Derek Dwayne Brice appeals his jury conviction of severity level 4 aggravated battery, K.S.A. 21-3414(a)(1)(A), contending the trial court erred (1) when it instructed the jury that great bodily harm occurs when a person sustains a "through and through bullet wound," (2) when it refused to give instructions for severity levels 7 and 8 aggravated battery, and (3) when it refused to allow him to present the testimony of a physician. Brice further contends the totality of the circumstances prejudiced him and denied him a constitutionally fair trial.
Although the facts surrounding the gunshot wound inflicted by Brice upon Ivory Kelly are central to the issues raised by this appeal, they are not greatly in dispute. Simply stated, Brice had replaced Kelly in a relationship with a woman named Nichole Kendrick and was driving one of Kelly's cars. Although Kendrick and Kelly had lived together for a number of years and had three children, Brice's driving of any of Kelly's cars was at the crux of the dispute which led to the shooting in issue.
Kendrick testified that Kelly did not like Brice, had threatened to "kick his ass," and had told her not to allow Brice to drive any of the three cars that Kelly and Kendrick owned together. Kelly worked two jobs to afford the cars and was insistent that Brice should not be driving them.
In February 2001, Kendrick and Brice dropped off one of the cars at Kelly's house to use while another car needed repairs. Kelly asked Kendrick about her allowing Brice to drive his car, and Kendrick ignored him. Kelly then went to a Save-A-Lot store to buy food for the children and observed Brice and Kendrick in the parking lot. An argument occurred between Kelly and Kendrick concerning Brice and the cars. Kelly instructed Brice to give Kendrick the keys to the car so she could take the children home.
As Kendrick left the parking lot, Kelly walked toward the store and Brice. When they were approximately 2 feet apart, Brice shot Kelly with a 9mm handgun. The bullet entered Kelly's upper right thigh and exited his buttocks.
Kendrick took Kelly to the Parsons Hospital emergency room. The treating physician, Dr. Myers, testified at trial that the bullet missed the bone, major arteries, veins, and nerves. Dr. Myers said the wound was cleaned but not stitched closed because closing the wound would increase the chance for infection. He specifically testified "that it was a through and through injury."
Kelly was kept overnight at the hospital and checked by Dr. Myers the following day for circulation in the leg. He was given pain medication and released. Kelly said he limped for approximately 1 week but did not use crutches. He missed a week and a half of work and has a scar at both the entry and exit points.
Brice turned himself in to the police approximately 10 hours after the shooting. He was given a Miranda warning and consented to an interview. He told Detective Gofourth, who testified at trial as to the conversation, that Brice said Kelly and Kendrick pushed and grabbed each other at the store, which led to an altercation between Kelly and himself. Brice said Kelly knocked the car keys from his hand and struck him. Brice said he "just blacked out" and did not know if he shot Kelly or not.
During a second interview, Brice told the detective he shot Kelly because he was afraid of him. He admitted to obtaining a 9mm gun because of this fear. The gun had been given to Kendrick and was not located. Kendrick exercised her Fifth Amendment rights at trial when questioned about the gun. It was established at trial that Kelly was a much larger man than Brice and had played linebacker on a high school football team in Louisiana where Brice and Kelly had known each other.
In addition to Dr. Myers' testimony, Officer Riley and Kelly testified in the State's case in chief that the bullet entered Kelly's upper right thigh and exited through his right buttock. After the State rested, Brice moved for a judgment of acquittal on the ground that the State had failed to prove that Kelly had sustained great bodily harm.
The majority of the Kansas cases involving the difference between "bodily harm" and "great bodily harm" were discussed and argued. Brice's contention that he was entitled to lesser included instructions on level 7 and level 8 aggravated battery was considered. In addition, there was the question of whether Brice would be allowed to call a physician he had not previously designated as a witness who was expected to testify that Kelly's gunshot wound resulted only in "bodily harm" and not "great bodily harm" and there was no disfigurement.
Included in the discussion was the question of whether this was a multiple acts situation which required an instruction on that question. This is not an issue on appeal.
Eventually, the trial court held that "bodily harm" or "great bodily harm" is a determining factor as to the severity level of aggravated battery and the court was obligated to determine "as a matter of law" if great bodily harm occurred in order to classify the crime charged and properly instruct the jury. The court discussed the severity and location of the wounds in other Kansas cases and noted that Kelly's wound was not one which just grazed the skin. Thus, the court concluded that there was a factual issue as to whether it was "great bodily harm" or only "bodily harm."
The trial judge decided that the State's evidence clearly established that the gunshot wound constituted "great bodily harm" and he was obligated to so find as a matter of law and to give the jury a definitional instruction that a "through and through bullet wound is great bodily harm as a matter of law."
Once this question was resolved, the court held that disfigurement was not an issue in the case and that the testimony of Brice's medical expert, Dr. Miller, was not necessary. Defense counsel proffered Dr. Miller's expected testimony, stating he was a surgeon who served in the Vietnam war; he currently practices with Dr. Myers, the treating physician, and had reviewed Kelly's medical records. According to Dr. Miller, Kelly did not sustain great bodily harm or disfigurement because the scars left by the bullet were similar to scars after a child falls off a bicycle. The defense argued that Dr. Miller's testimony was necessary but the trial court's ruling had removed the possibility that Dr. Miller could offer any meaningful evidence.
The court reviewed the jury instructions. It agreed it should give a self-defense instruction. The defense again requested instructions for the lesser included forms of aggravated battery and objected to the definition of great bodily harm as being a "through and through bullet wound." The court declined to give instructions on severity levels 7 and 8 (bodily harm) aggravated battery (bodily harm) and determined it would instruct the jury that the term "great bodily harm" meant a "through and through bullet wound." Instructions were to be given on severity levels 4 and 5 (intentional and reckless) aggravated battery where great bodily harm existed.
Brice rested without calling any witnesses. In closing, he argued that he did not intentionally shoot Kelly and did not intend to cause any harm to Kelly. The defense also argued Brice acted in self-defense because Kelly had threatened him, Kelly was much physically larger and stronger than he was, and he was afraid of Kelly.
The jury found Brice guilty of level 4 (intentional) aggravated battery. Motions for downward dispositional and durational departure were denied, and Brice was sentenced to the mid-range guidelines sentence of 41 months in the custody of the Secretary of Corrections. This appeal followed.
Brice's first three issues on appeal are interrelated as each one involves the legal differences between bodily harm and great bodily harm under K.S.A. 21-3414, the instructions to be given, and admissibility of expert testimony. We will discuss all three issues as they relate to each other, the statutory language in issue, and the evidence in this case. Different standards of review are applicable, which we first summarize:
"When reviewing challenges to jury instructions, we are required to consider all the instructions together, read as a whole, and not to isolate any one instruction. If the instructions properly and fairly state the law as applied to the facts of the case, and a jury could not reasonably have been misled by them, the instructions do not constitute reversible error even if they are in some way erroneous. [Citation omitted.]" State v. Mitchell, 269 Kan. 349, 355, 7 P.3d 1135 (2000).
In considering whether a lesser included offense instruction is required, State v. Valentine, 260 Kan. 431, 434, 921 P.2d 770 (1996), a case we will later discuss in great detail, teaches us:
"A defendant has a right to an instruction and the trial court has a duty to instruct on a lesser included offense which is supported by substantial evidence. State v. Cummings, 242 Kan. 84, 91, 744 P.2d 858 (1987). 'Where there is no substantial evidence applicable to the lesser degrees of the offense charged, and all the evidence taken together shows that the offense, if committed, was clearly of the higher degree, instructions relating to the lesser degree of the offenses are not necessary.' Gibbons, 256 Kan. at 955."
We further look to the extensive discussion in State v. Smallwood, 264 Kan. 69, 80-81, 955 P.2d 1209 (1998), as to the proper tests for admission of expert testimony in criminal actions and on appeals therefrom:
"The admissibility of expert testimony is within the broad discretion of the trial court. A party claiming an abuse of trial court discretion bears the burden of showing abuse of discretion. [Citations omitted.]
"The basis for the admission of expert testimony is necessity arising out of the particular circumstances of the case. To be admissible, expert testimony must be helpful to the jury. . . .
"No error in either the admission or the exclusion of evidence by the court is a ground for granting a new trial or for setting aside a verdict unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. K.S.A. 60-261; State v. Morris, 255 Kan. 964, Syl. ¶ 6, 880 P.2d 1244 (1994).
"An appellate court's review of the trial court's admission of evidence is a two-step process. First, it must determine whether the evidence was admissible or inadmissible. Then, if the evidence was improperly admitted, it must determine whether to apply the harmless error rule of review or the federal constitutional error rule to the erroneous admission of that evidence.
"Under the federal constitutional error rule, an error of constitutional magnitude is serious and may not be held to be harmless unless the appellate court is willing to declare a belief that it was harmless beyond a reasonable doubt. Before we may declare the error harmless, we must be able to declare beyond a reasonable doubt that the error had little, if any, likelihood of having changed the result of the trial. State v. McClanahan, 259 Kan. 86, Syl. ¶ 4, 910 P.2d 193 (1996)."
Although we may at times consider cases which involve aggravated battery as statutorily defined prior to July 1, 1993, the language of our present statute which became effective as of that date is central to our appeal and reads in its entirety as follows:
"(a) Aggravated battery is:
(1)(A) Intentionally causing great bodily harm to another person or disfigurement of another person; or
(B) intentionally causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or
(C) intentionally causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or
(2)(A) recklessly causing great bodily harm to another person or disfigurement of another person; or
(B) recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted.
"(b) Aggravated battery as described in subsection (a)(1)(A) is a severity level 4, person felony. Aggravated battery as described in subsections (a)(1)(B) and (a)(1)(C) is a severity level 7, person felony. Aggravated battery as described in subsection (a)(2)(A) is a severity level 5, person felony. Aggravated battery as described in subsection (a)(2)(B) is a severity level 8, person felony. A person convicted of aggravated battery shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and amendments thereto." K.S.A. 21-3414.
While much of our opinion in State v. Ochoa, 20 Kan. App. 2d 1014, 1019, 895 P.2d 198 (1995), was disapproved by the Supreme Court in State v. Valentine, 260 Kan. at 435, which we will later discuss in detail, the following chart, which is found in our Ochoa opinion, sets forth the various elements of each subsection and the applicable severity levels in a clear understandable manner:
level 4
level 7
level 7
level 5
level 8
|Great bodily harm or disfigurement
|Bodily harm with a deadly weapon or in any manner whereby great bodily harm, disfigurement, or death can be inflicted
|Physical contact done in a rude, insulting, or angry manner with a deadly weapon or in any manner whereby great bodily harm, disfigurement, or death can be inflicted
|Great bodily harm or disfigurement
|Bodily harm with a deadly weapon or in any manner whereby great bodily harm, disfigurement, or death can be inflicted
The distinctions in the elements are clearly shown above. If the defendant causes great bodily harm or disfigurement, the applicable severity level is 4 if the acts are deemed to be intentional or severity level 5 if deemed to be reckless. If only bodily harm is inflicted on the victim, the applicable severity level is 7 if intentionally caused or severity level 8 if recklessly caused. Because the question of disfigurement did not become a jury question, the three issues we face focus on the differences between "bodily harm" and "great bodily harm."
In Ochoa, the gunshot wounds which were the basis for the aggravated battery charges included a wound that had entered the abdomen and gone out the back but hit no vital organs, a shot in both calves, and a small bruise; we held that severity levels 5, 7, and 8 aggravated battery are included offenses of level 4 aggravated battery and under the facts the trial court committed reversible error in failing to instruct the jury on severity levels 5, 7, and 8 aggravated battery as defined by K.S.A. 1994 Supp. 21-3414(a)(1)(B), (a)(2)(A), and (a)(2)(B). 20 Kan. App. 2d 1014, Syl. ¶¶ 3, 4. This holding was disapproved in State v. Valentine, as we previously stated.
In State v. Valentine, the victim Ross was shot by Valentine first in the arm and later by three or more shots, one of which severed Ross' spine and paralyzed him from the waist down. After Valentine was convicted of a level 4 aggravated battery, he argued on appeal that the trial court erred in failing to instruct the jury on level 7 aggravated battery. The lesser instruction had not been requested in Valentine (as it was in our case), but Justice Abbott's unanimous opinion stated the failure to give the level 7 aggravated battery instruction was neither erroneous nor clearly erroneous. After setting forth the standard of review which we repeated herein, the Valentine opinion quoted from the Ochoa opinion but then made a clear ruling which is directly applicable to and binding on us in this case.
"In making his argument that a lesser included offense instruction for severity level 7 aggravated battery should have been given, the defendant relies on State v. Ochoa, 20 Kan. App. 2d 1014, 895 P.2d 198 (1995). This case found that severity level 7 aggravated battery is a lesser included offense of severity level 4 aggravated battery. 20 Kan. App. 2d at 1020.
"In so holding, the Court of Appeals stated:
'[A] level 4 aggravated battery is proven by showing that defendant intentionally caused great bodily harm to the victim. It is difficult to envision how the State could prove a level 4 aggravated battery without necessarily proving a level 7 aggravated battery. A level 7 aggravated battery under 21-3414(a)(1)(B) is shown by proof that a defendant intentionally caused bodily harm to a victim with a deadly weapon or in any manner whereby great bodily harm, disfigurement, or death can be inflicted.
'It appears inescapable to us that in proving great bodily harm in a level 4 charge, the State must necessarily prove bodily harm. The only difference between a level 4 aggravated battery and a level 7 aggravated battery is whether defendant intended to inflict great bodily harm or disfigurement or merely intended to inflict bodily harm, but in a manner "whereby great bodily harm, disfigurement or death can be inflicted." In proving both charges, the State must prove that defendant intentionally inflicted bodily harm. In addition, in this case, the State's evidence was that defendant intentionally inflicted bodily harm with a deadly weapon.
'In this case, the question of whether the bodily harm inflicted was great was a question for the jury. We reject the concept that the trial court may decide, in every case, as a matter of law whether the bodily harm inflicted was or was not great. In the instant matter, the victim certainly suffered bodily harm. He suffered a gunshot wound to the abdomen. Whether this was merely bodily harm or great bodily harm was a matter to be decided by the jury. The State, in attempting to prove that defendant intentionally inflicted great bodily harm, necessarily was required to prove that defendant intentionally inflicted bodily harm. We hold that proof of a level 4 aggravated battery necessarily proves a level 7 aggravated battery as defined by 21-3414(a)(1)(B). A level 7 aggravated battery is an included crime of a level 4 aggravated battery, and the trial court erred in failing to instruct the jury on the level 7 aggravated battery. The evidence in this case would support a conclusion that defendant intentionally inflicted great bodily harm on the victim with a deadly weapon or that defendant intentionally inflicted bodily harm on the victim with a deadly weapon. Whether the harm was great or not was a question of fact to be decided by the jury.' (Emphasis added.) 20 Kan. App. 2d at 1019-20.
"We disagree with the Court of Appeals. In Ochoa, the victim received a 'through and through' bullet wound. The bullet entered the victim's stomach and exited through his back without hitting any vital organs. A 'through and through' bullet wound in the abdomen does not present a question of fact as to whether it is mere bodily harm or great bodily harm. This constitutes great bodily harm. See State v. Whitaker, 260 Kan. 85, 917 P.2d 859 (1996). There may be instances where a bullet wound is not 'great' bodily harm when, for example, it grazes the skin, but we cannot envision a 'through and through' bullet wound, as occurred in Ochoa, that does not amount to great bodily harm. That part of Ochoa, inconsistent with this opinion, is disapproved. As such, we have no difficulty in finding that a bullet wound which severs the spinal cord and causes paralysis, a much worse wound that a through and through bullet wound, qualifies as great bodily injury as a matter of law. The trial court did not err when it did not give an instruction on level 7 aggravated battery. The defendant was either guilty of level 4 aggravated battery or not guilty." 260 Kan. at 434-35.
Based on the clear language of Valentine and the testimony of Dr. Myers, Riley, and Kelly, the "through and through" bullet wound in our case must be considered to amount to great bodily harm as a matter of law and lesser included instructions of severity levels 7 and 8 "bodily harm" aggravated battery were not appropriate or required.
The Valentine opinion points us to State v. Whitaker, 260 Kan. 85, 917 P.2d 859 (1996), which although primarily a sentencing case contained the following discussion of great bodily harm:
"Our criminal code does not define great bodily harm. In State v. Dubish, 234 Kan. 708, 715, 675 P.2d 877 (1984), this court stated:
'Bodily harm has been defined as "any touching of the victim against [the victim's] will, with physical force, in an intentional hostile and aggravated manner." [Citation omitted.] The word "great" distinguishes the bodily harm necessary in [the offense of aggravated battery] from slight, trivial, minor or moderate harm, and as such it does not include mere bruises, which are likely to be sustained in simple battery.'
See People v. Lopez, 222 Cal. Rptr. 83, 176 Cal. App. 3d 460 (1986) (through and through gunshot wound to thigh was great bodily injury for enhancement statute); cf. People v. Watkins, 243 Ill. App. 3d 271, 277-78, 611 N.E.2d 1121 (1993) (no great bodily harm for aggravated battery conviction where bullet only grazed victim and did not draw blood).
"Whether bodily harm is great is generally a question of fact for the jury, not the trial judge. See State v. Sanders, 223 Kan. 550, 552, 575 P.2d 533 (1978); State v. Ochoa, 20 Kan. App. 2d 1014, 1020, 895 P.2d 198 (1995). Here, however, where the determination of great bodily harm is made in the context of classifying the severity level of a crime, the trial judge is required to explore that question and determine if great bodily harm occurred.
"Did great bodily harm occur? The facts indicate that Neal had an intent to cause great bodily harm. The police officer received a 'through and through' wound to his right arm, although a more damaging injury could have occurred had the officer been hit in a more vital area of his body or if the bullet had struck a bone. The officer missed 3 days of work as a result of his injury. The officer here suffered more than a mere bruise or scratch. The sentencing judge properly classified Whitaker's offense as a severity level 3 crime based on the intent to cause great bodily harm." 260 Kan. at 93-94.
The language in Whitaker makes it clear that in the context of classifying the severity level of a crime the trial judge is required to explore the question and make a determination from the facts or testimony. Whitaker can be expanded in its reasoning or limited in its holding to only sentencing matters. A similar sentencing case involving this same issue is Doolin v. State, 24 Kan. App. 2d 500, 947 P.2d 454 (1997), where a store clerk was shot with an assault rifle in the calf, upper right leg, and left hip. It was found as a matter of law the bullet wounds were "through and through" wounds and serious enough to constitute great bodily harm requiring the assignment of a severity level 4 to the aggravated battery offense.
The most recent case involving K.S.A. 21-3414, State v. Moore, 271 Kan. 416, 23 P.3d 815 (2001), is more directly involved with the "disfigurement" language of the statute. There were numerous charges in the Moore case, but the Supreme Court considered only the Court of Appeals' reversal of an aggravated battery conviction based on the trial court's refusal to give a lesser included offense instruction on simple battery.
Moore's facts showed a domestic dispute where the defendant grabbed a hot iron from the victim, burned her legs, lifted her shirt and burned her breast, and then dropped the iron between her legs, burning her inner thighs. Photographs taken approximately 4 weeks after the incident showed burn marks on the victim's legs, breast, and inner thigh. The trial court found that disfigurement existed as a matter of law.
The Moore opinion first stated that while simple battery involves only bodily harm, aggravated battery involves great bodily harm or disfigurement on which the jury was instructed. It was noted that where a consideration of all the evidence showed that the offense, if committed, was clearly of the higher degree, instructions on lesser degrees of the offense are not necessary. State v. Gibbons, 256 Kan. 951, 955, 889 P.2d 772 (1995). Moore further said that
"'[d]isfigurement' has no single technical meaning or single definition and should be considered in the ordinary sense. [Citation omitted.] When an injury has been established, the question of whether it constitutes great bodily harm or disfigurement is normally a question to be determined by the trier of fact. State v. Kelley, 262 Kan. 755, 761, 942 P.2d 579 (1997)." 271 Kan. at 421.
However, the Moore opinion then stated:
"In a limited number of cases, this court has held that certain injuries constitute great bodily harm as a matter of law. See State v. Whitaker, 260 Kan. 85, 93-94, 917 P.2d 859 (1996) (holding that a through and through bullet wound constituted great bodily harm); State v. Valentine, 260 Kan. 431, 435, 921 P.2d 770 (1996) (holding that a bullet wound which severed the spinal cord and caused paralysis constituted great bodily harm as a matter of law); State v. Doolin, 24 Kan. App. 2d 500, 503-04, 947 P.2d 454 (1997) (holding that bullet wound which required a hip bone and hip socket to be replaced constituted great bodily harm as a matter of law)." 271 Kan. at 419-20.
The Moore opinion noted, as we have said, that while Valentine directly involved the question of whether a lesser included instruction should have been given, both Whitaker and Doolin related to the correct classification for criminal history purposes and not to the fact that jury determination had not been possible. Moore further observed that in State v. Gideon, 257 Kan. 591, 614, 894 P.2d 850 (1995), it was held that rape or aggravated sodomy constitutes great bodily harm as a matter of law.
The Moore opinion then summarized the victim's injuries, stated they were not trivial or minor, said the question was whether a reasonable jury could have found the injuries constituted only "moderate" harm, and then held:
"We conclude, based on the evidence presented, including the photographs, that no reasonable jury could have found the injuries to constitute moderate harm. Rather, the offense if committed, was clearly of the higher degree, and the trial court did not err in failing to give an instruction on the lesser offense of simple battery, as there was simply no evidence from which a reasonable jury could have convicted the defendant of that offense. See Gibbons, 256 Kan. at 955." 271 Kan. at 421.
We likewise conclude that based on the evidence before the trial court, the offense, if committed, was clearly either a level 4 (intentional) or level 5 (reckless) aggravated battery based on great bodily harm resulting from the "through and through bullet wound" as a matter of law. The evidence excluded any theory of guilt of aggravated battery of the lesser severity levels. It was not error to refuse to give instructions relating to levels 7 and 8 aggravated battery. The holdings and logic of Whitaker, Valentine, and Moore clearly support our decision.
We next move to the closely related question. If it is necessary for the trial court to consider the evidence and find that a through and through gunshot wound has been inflicted on the victim and the Kansas Supreme Court has legally defined this as constituting great bodily harm, why is it not proper to so instruct the jury? Logic would tell us this is nothing more than providing an applicable definition for the jury's usage in considering all of the instructions.
Brice argues strenuously that when the jury was instructed "[a]s used in these instructions the term, Great Bodily Harm means a 'through and through bullet wound,'" as stated in instruction No. 14, this violated his constitutional rights by not requiring every element of the crime charged to be proven beyond a reasonable doubt and created a mandatory presumption which removed a required element from the case in violation of Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000); Francis v. Franklin, 471 U.S. 307, 85 L. Ed. 2d 344, 105 S. Ct. 1965 (1984); Sandstrom v. Montana, 442 U.S. 510, 61 L. Ed. 2d 39, 99 S. Ct. 2450 (1979); and In re Winship, 397 U.S. 358, 25 L. Ed. 2d 368, 90 S. Ct. 1068 (1970).
The State asks us to look at all of the instructions, especially No. 8, which stated:
"The defendant is charged with the crime of level 4 aggravated battery.
"The defendant pleads not guilty.
"To establish this charge, each of the following claims must be proved:
"1. That the defendant intentionally caused great bodily harm to another person, to-wit: Ivory Kelly; and
"2. That this act occurred on or about the 11th day of February, 2001, in Labette County, Kansas."
The State contends this instruction and No. 14 read together correctly state the law, did not relieve the State of proving every element of the charges, and did not establish an impermissible mandatory presumption. It further contends that Apprendi is basically not applicable to our factual situation because it relates to an increase in the maximum penalty to be imposed without a proper jury finding which exists in our case.
When we look at all of the jury instructions in this case as Mitchell teaches us to do, we find the elements of level 4 and level 5 aggravated battery which are required to be proved beyond a reasonable doubt are correctly set forth in instructions Nos. 8 and 10. Instruction No. 11 relates to Brice's claim of self-defense and is clearly stated. The next two instructions, Nos. 12 and 13, are essentially definitional instructions, as is the complained-of instruction No. 14 regarding the through and through bullet wound.
Instruction No. 12 reads: "As used in these instructions, the term Intentional Conduct means, conduct that is purposeful and willful and not accidental. The terms 'knowing,' 'willful,' 'purposeful,' and 'on purpose' are included within the term 'intentional.'"
Instruction No. 13 reads:
"As used in these instructions, the term Reckless Conduct means, conduct done under circumstances that show a realization of the imminence of danger to the person of another and a conscious and unjustifiable disregard of that danger. The terms 'gross negligence,' 'culpable negligence,' 'wanton negligence' and 'wantonness' are included within the term 'recklessness' as used in this code."
Instruction No. 14 is tailored specifically to the facts of our case but is much like the myriad of definitional instructions we find in PIK Crim. 3d 53.00 which suggests in presenting "definition and explanation of terms" to a jury that the following prefatory language be used: "As used in these instructions the term . . . (means) (includes) . . . ." PIK Crim. 3d 53.00 then lists 110 terms, beginning with "accessory" and ending with "written instrument." Some are statutorily defined. Others have definitions resulting from decisions in appellate cases.
PIK Crim. 3d 56.04 contains homicide definitions for maliciously, premeditation, willfully, intentionally, heat of passion, and reckless. Most are based on statutes or appellate decisions. The "(means) (includes)" suggestion in PIK Crim. 3d 53.00 allows the definition to be tailored to the facts of the case. If multiple wounds were inflicted in different ways the word "includes" would be proper. In our case, only the gunshot wound was involved, and the guidance given to the jury by the definition instruction was clearly proper.
We do not agree with Brice's argument that a definitional instruction like No. 14 in our case creates a conclusive mandatory presumption in violation of Franklin or Sandstrom or relieves the State of the burden of proving every element of the crime beyond a reasonable doubt in violation of Winship. Every element of the crime charged remained to be proved beyond a reasonable doubt. It is not improper or unconstitutional to give a jury a proper definitional instruction as was done in our case.
There were questions of whether Brice's actions were intentional, reckless, accidental, or even justified. He presented a plausible theory that his actions were only taken in self-defense, and the jury was so instructed. The trial court recognized the clear appellate authority from opinions of the Kansas Supreme Court in Valentine, Whitaker, and Moore and properly instructed the jury that as a matter of law, a through and through gunshot wound could constitute great bodily harm.
Apprendi v. New Jersey has been discussed in great detail in numerous Kansas cases and by the recent article in the Kansas Bar Journal, Sittenauer, Surviving Apprendi: A Procedural Ideal Meets the Real World of Determinate Sentencing, 72 J.K.B.A. 44 (2003). Simply stated, it involves sentencing for actions not found by a jury beyond a reasonable doubt and is not applicable to our factual situation.
We hold it was not reversible error for the trial court to give instruction No. 14.
The final question in the trilogy of Brice's issues relating to the trial court's decisions relates to the testimony (or rather the lack thereof) of Dr. Miller.
Although the State argued at the trial that Dr. Miller should not be allowed to testify because he had not been disclosed as a witness as a part of reciprocal discovery that is not the question on appeal. Brice contends his constitutional rights were violated by the trial court's refusal to allow Dr. Miller to testify. The State now argues that the trial court's ruling did not disqualify Dr. Miller but that Brice elected not to call him as a witness.
We have examined the proffer of Dr. Miller's expected testimony and hold that Brice did not voluntarily elect not to call Dr. Miller and a clear issue exists on appeal as to whether he should have been allowed to testify.
It is necessary to first note that the statutory elements for the aggravated battery charge include both great bodily harm and "disfigurement." K.S.A. 21-3412. Had "disfigurement," or the lack thereof, continued to be a question the jury was required to determine, Dr. Miller's opinion that no "disfigurement," existed would clearly have been admissible evidence. By his proffer, he was prepared to testify that the small scars Kelly suffered did not result in disfigurement.
However, the State did not rely on "disfigurement," and it was not a part of instruction No. 8 which we previously set forth in its entirety. As the court said during the extended discussion we previously referred to, only great bodily harm was involved. When the prosecuting attorney said, "[W]e do not need to do disfigurement," the trial court answered, "Right. Disfigurement is not really a question." With disfigurement not relevant, Dr. Miller's opinion as to whether it existed would not have been admissible.
The other testimony that Dr. Miller was expected to give from the proffer was that he had extensive experience with gunshot wounds and the one experienced by Kelly did not amount to great bodily harm. This would not have been admissible.
As we said in setting forth the standards of review, a trial court has wide discretion in permitting opinion testimony. But, as is clearly stated in Barbara, Kansas Criminal Law Handbook, § 21.4 (3d ed. 1992): "Generally, courts will not permit the expert witness to testify to 'legal' conclusions as opposed to factual conclusions. The legal conclusion is within the trial court's obligation to instruct the jury on the law that applies and the verdict is left to the jury . . . ."
The locations of the entry and exit gunshot wounds was not a part of Dr. Miller's expected testimony, and he would not have been entitled to opine as a matter of law something the Kansas Supreme Court had held to be a contrary legal conclusion.
Based on the proffer, the specific issues in the case, and the inadmissible legal conclusions that Dr. Miller would have been asked to give, it was not erroneous for the trial court to rule that his expected testimony would not provide admissible evidence. The trial court's ruling was not erroneous.
With the conclusions we have reached on Brice's first three issues, his argument that cumulative errors deprived him of a constitutionally fair trial has no merit. We find no trial errors upon which such a claim could be predicated. Further, an examination of the record clearly shows Brice was given a vigorous defense. The trial may not have been perfect, but it was certainly a fair one.
Affirmed. KNUDSON, J., dissenting in part and concurring in part:
I must respectfully dissent from the majority's holding that the trial court did not err when it instructed the jury, "As used in these instructions, the term Great Bodily Harm means, a 'through and through bullet wound.'" Candidly, the majority's holding is logical and an understandable expansion in light of the holdings in State v. Valentine, 260 Kan. 431, 921 P.2d 770 (1996), and State v. Whitaker, 260 Kan. 85, 917 P.2d 859 (1996). However, I cannot help but recall that "[t]he life of the law has not been logic: it has been experience." Holmes, The Common Law, p. 1 (1881).
Both Valentine and Whitaker concerned issues of law for a judge to decide, not factual issues that would impermissibly invade the province of a jury to decide in a criminal trial. In Valentine, the court considered whether there was substantial competent evidence in the record to support the giving of an instruction for the lesser included offense of a level 7 aggravated battery. In Whitaker, the determination of whether great bodily harm had occurred was within the context of classifying the severity level of a crime under the Kansas Sentencing Guidelines Act.
In United States v. Mentz, 840 F.2d 315, 319 (6th Cir. 1988), the court stated:
"The Sixth Amendment to the Constitution guarantees to a defendant the opportunity for a jury to decide guilt or innocence. Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968). A necessary corollary is the right to have one's guilt determined only upon proof beyond the jury's reasonable doubt of every fact necessary to constitute the crime charged."
The United States Supreme Court has held that a defendant has a right under the Fifth and Sixth Amendments to the United States Constitution to have a jury determine guilt beyond a reasonable doubt on every element of a charged offense. United States v. Gaudin, 515 U.S. 506, 510, 132 L. Ed. 2d 444, 115 S. Ct. 2310 (1995).
I would hold Instruction No. 14 violates Brice's Fifth, Sixth, and Fourteenth Amendment rights under the United States Constitution. This instruction effectively relieves the State of its burden of proof and constitutes a mandatory presumption on an essential element of a level 4 aggravated battery. The majority astutely recognizes the weakness of its holding if the element of "great bodily harm" is indeed removed from deliberation by the jury. To avoid such a conclusion, the majority opines: "Logic would tell us [Instruction No. 14] is nothing more than providing an applicable definition for the jury's usage in considering all of the instructions." I do not agree.
Instruction No. 14 removes from jury consideration whether the State proved great bodily harm beyond a reasonable doubt. That decision was made by the trial court and effectively eliminated the defendant's right of trial by jury on that element of the crime.
Finally, I fear the implications of the majority's holding. Why stop with defining great bodily harm as a through and through bullet wound? In almost every case where there is no substantial competent evidence to support the giving of a lesser offense, under today's holding, the trial court would appear to be free to craft a definition of great bodily harm that would be fact specific and pass constitutional muster.
In summary, the majority's holding blurs the line between fact questions for the jury to decide and legal questions for the trial court to decide. This holding nullifies the constitutional requirement that a jury decide whether the State has proven beyond a reasonable doubt each fact necessary to constitute the crime charged.
For the foregoing reasons, I respectfully dissent from the second holding within the syllabus but do concur with the balance of the court's holdings.


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More information
View Events Calendar
The Department of Veterans Affairs, National Cemetery Administration (NCA) Seeks Veteran and Small Businesses
Maryland Cemetery, Funeral and Cremation Association 10th Annual Holiday Gathering
You Can Make an Impact
Tariff News
District Trustee Nominations Due by October 15
View News Archive
Deadline is December 30
Memorializing the life of a loved one is a difficult process. Finding a professional can make this process a lot easier. Create a monument that will preserve the story of a lifetime for generations to come by choosing a professional monument builder from North America's largest and most respected Monument association–the MBNA.
Stone is polished by hours of work by a skilled craftsman. There is no "coating" that is applied. The beautiful, nearly permanent shine on memorials is created by a series of diamond impregnated pads, water, and a skilled craftsman. If the polishing process is done incorrectly, the stone can overheat causing the stone surface to prematurely crumble.
Remembering and recording the lives of loved ones that were cremated is as important as remembering and recording the life of a person that received a traditional burial.

subset: commoncrawl


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You can find a BoConcept Brand or Inspiration Store in most major cities around the world. The first BoConcept Brand Store opened in Paris, France in 1993. Now there are more than 260 brand stores around the world, the majority of which are BoConcept Brand and Inspiration Stores. They provide our customers with a unique, exceptional and friendly shopping experience.
The ongoing support at BoConcept is outstanding, and there is always somebody to turn to for advice on how to make the venture even more successful.
BoConcept is an experienced company which is based on partnership. I feel great to be a part of this big, international family.


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AARP Travel Center Verified Reviews
Don't miss out on a lower price on this hotel
Get an overview of this hotelSuburban Vegas family friendly hotel with Casino
Popular property highlights
5 miles from the Strip
Located 5 miles from the Strip on Boulder Highway, and within 8 miles of the convention center and airport. This 16-story hotel draws both locals and regular Vegas visitors. It is 20 minute driving distance to Las Vegas Motor Speedway and 30 minutes to Lake Mead and Hoover Dam.
Gaming action
Boulder Station Hotel and Casino offers a casino featuring slot and video-poker machines, table games, a race and sports book, a 600-seat bingo parlor, and a poker room.
Comfortable Rooms
Guestrooms at Boulder Station Hotel and Casino offer free wifi, flat screen TV's with cable and pay per view movie options, adjoining rooms available upon request.
Languages Spoken
- English
Boulder Station Hotel and Casino
Hotel Amenities
Hotel Amenities
Located 5 miles from the Las Vegas Strip, Boulder Station Hotel and Casino offers plenty of entertainment, dining, and gaming options. In addition to an expansive casino, guests enjoy an 11-screen movie theater, and a concert venue that hosts headlining acts and other events.
Dining options include a seafood and steak grill, Mexican and Italian restaurants, a 24-hour cafe, and a buffet restaurant. A food court includes Winchells, Burger King, Starbucks, and Subway.
Other amenities include a computer station, free valet parking, laundry facilities, and luggage storage. Newspapers are included in the property's resort fee.
- Casino
- Elevator/lift
- Number of bars/lounges - 5
- 24-hour front desk
- Conference space
- Porter/bellhop
- Concerts/live shows
- Express check-out
- Tours/ticket assistance
- Electric car charging station
- Meeting rooms
- Year Built 1994
- Coffee shop or café
- Free self parking
- Dry cleaning/laundry service
- Free WiFi
- Pool sun loungers
- Free valet parking
- Babysitting or childcare (surcharge)
- Outdoor pool
- Computer station
- Children's club (surcharge)
- Supervised childcare/activities (surcharge)
- Safe-deposit box at front desk
- Conference space size (meters) - 1208
- Luggage storage
- ATM/banking
- Breakfast available (surcharge)
- Number of restaurants - 6
- Conference space size (feet) - 13000
- Gift shops or newsstand
- Designated smoking areas
- Banquet hall
- Pool umbrellas
- Laundry facilities
- 24-hour fitness facilities
- Total number of rooms - 299
- Television in common areas
- Number of floors - 16
- Arcade/game room
- Number of buildings/towers - 1
- Multilingual staff
- Free newspapers in lobby
Family Friendly Amenities
- Family Hotel
- Outdoor pool
- Free Wi-Fi
- Laundry facilities
- Babysitting or childcare (surcharge)
- Arcade/game room
- Refrigerator
- Cribs/infant beds (complimentary)
Available in all rooms: Free WiFi
Available in some public areas: Free WiFi
Languages Spoken
- English
- Spanish
Free self parking, Free valet parking
Room Amenities
- Air conditioning
- Free weekday newspaper
- Phone
- Free long-distance calls
- Refrigerator
- Private bathroom
- Blackout drapes/curtains
- Desk
- In-room climate control (air conditioning)
- Free toiletries
- Free local calls
- Hair dryer
- Daily housekeeping
- Iron/ironing board
- Cable TV service
- Flat-panel TV
- Free WiFi
- Number of bathrooms -
- Pay movies
- Shower/tub combination
- Connecting/adjoining rooms available
- Free cribs/infant beds
- Rollaway/extra beds (surcharge)
- In-room climate control (heating)
Where to Eat
The Broiler - Located in the casino, this steak and seafood restaurant features carefully selected beef, aged for tenderness and grilled over mesquite charcoal. Seafood offerings include fresh fish flown in daily and the best Australian lobster and Alaskan king crab. Entrées include access to the all-you-can-eat Farmer's Market salad bar. All foods can be paired with a selection from the extensive wine list. Open for nightly dinner.
Cabo Mexican Restaurant - Authentic Mexican Baja dishes and salsa bar, fresh guacamole prepared tableside, and a variety of margaritas are served up in a casual setting for lunch and dinner. Kids menu available.
Viva Salsa - Located next to Cabo, Viva Salsa serves food in a flash, including burritos, tacos, and quesadillas.
Pasta Cucina - Traditional Italian favorites include veal piccata and eggplant parmigianino. Guests may also enjoy fresh pasta dishes, like lasagna and linguini with clams, all served in an authentic Italian atmosphere. Open for nightly dinner.
Slices Pizzeria - Located in front of Pasta Cucina, Slices serves 12-inch pizzas, fresh slices, and combo meals all made to order in a casual, quick-serve environment.
Grand Café - Offering a full menu of breakfast, lunch, dinner delights, and kids menu, this restaurant has everything from hearty breakfast skillets to overstuffed sandwiches and refreshing salads are prepared by expert chefs and served by friendly staff. It is adjacent to the casino with seating facing the games. Open 24 hours daily.
Feast Buffet - International dishes suited to every taste served in an elegant atmosphere. Guests can choose from food stations including Mexican, Chinese, Italian, and American cuisine, as well as dessert selections. Open for breakfast, lunch, dinner, and weekend brunch.
Breakfast: 8 AM - 11 AM
Lunch: Monday - Saturday, 11 AM - 4 PM
Brunch Sunday, 8 AM - 3 PM
Dinner: 4 - 9 PM
The Food Court provides 4 additional offerings from recognized outlets including Burger King, Subway, Winchell's, and Starbucks.
Kixx Bar - This casino sports bar has a small seating area and multiple TVs. Open 24 hours.
Havana Cigar Bar & Lounge - Welcome to Boulder Station's adult playground, where you'll find Arcade Games, Premium Cigars and one of the city's widest selection of top-shelf liquors.
Brewers Bar - On the casino floor, this bar is open from early evening to late evening.
Headliners take the stage at the Railhead events center, which also presents boxing and other entertainment throughout the year.
Comprising 90,000 square feet, the casino includes 2,800 slot and video-poker machines, table games, a poker room, 600-seat bingo parlor, and a race and sports book with 18 big-screen TVs.
An 11-screen multiplex is located inside Boulder Station, offering family-friendly entertainment with comfortable recliner seating.
The Boarding Pass is a complimentary card that consolidates members' slots and table play into single accounts for 10 Nevada casinos. Play earns cash-back points and room and restaurant comps.
Nearby Things to Do
Guests enjoy privileges at the 18-hole Las Vegas National Golf Course, 3 miles from the hotel. The 18-hole courses at Desert Pines Golf Club and Royal Links Golf Club are 4 miles away.
Red Rock Canyon National Conservation Area, 30 miles away, provides rock climbing, biking and hiking trails, and scenic drives. The Lake Mead National Recreational Area, 22 miles away, offers fishing, boating, swimming, and hiking.
The recreational activities listed below are available either on site or near the hotel; fees may apply.
- Golfing nearby
- Hiking/biking trails nearby
If you have requests for specific accessibility needs, please note them at check-out when you book your room.
- Accessible bathroom
- Roll-in shower
- In-room accessibility
Hotel Policies
Check-in time ends at 3 AM
Check-in time starts at 3 PM
Minimum check-in age is 21
Check-out time is 11 AM
Payment types
Children and extra beds
- Children are welcome.
- Kids stay free! Up to 3 children stay free when using existing bedding.
- Rollaway/extra beds are available for USD 15.0 per night.
- Free cribs (infant beds)!
- Pets not allowed
You need to know
Extra-person charges may apply and vary depending on property policy.
- Deposit: USD 100 per stay
- Resort fee: USD 22.59 per accommodation, per night
- Pool access
- Fitness center access
- Internet access
- Newspaper
- Phone calls
- Faxes
- Self parking
- Valet parking
- Parking
Optional extras
- Breakfast fee: between USD 6.99 and USD 9.99 per person (approximately)
- Early check-in fee: USD 15 (subject to availability)
- Rollaway bed fee: USD 15.0 per night
Hotel Name
- Boulder Station
- Boulder Station Hotel & Casino
- Boulder Station Hotel & Casino Las Vegas
- Boulder Station Las Vegas
- Station Boulder
- Boulder Station Hotel Las Vegas
- Boulder Station Hotel Casino Las Vegas
- Boulder Station Hotel Casino
- Boulder Station Casino Las Vegas
- Boulder Station Casino
- Boulder Station Las Vegas
We should mention
Pool access available from 8 AM to 10 PM.The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.


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tfryer necesitaba un nuevo diseño de impreso o envases y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 36 diseños de 5 diseñadores freelance.
Young Life Surrey/Delta
We are a high-energy, Christian based non-profit organization that works with teens.
While our main work is with teens, our literature is targeted to supportive adults in the community. These may be donors, parents, or those who are interested in finding out more about us. We want to have an identifiable brand that reflects both the youth culture in which we work, but that is simple and appealing to the community in general.
Newsletter: Looking for something different that the standard brochure or newsletter template - maybe something that we can print out on light cardstock and fold up into some kind of mailer. Needs to be interesting - heavy on images. This is sent out quarterly to our donors and parents, those who already know about Young Life, and are interested in the stories of the teens involved, and is our primary way of getting our information, announcements, dates, etc out. Our staff works with Macs, so an IWorks Pages template would be optimal, but could work with InDesign if necessary.
Case: This is our presentation folder that is shown to interested adults that describes how we are, what we do, and solicits their involvement. Again, heavy on images, but needs to have a unified, simple, and appealing look, along with the information.
Strategic Plan: We are a regional office, and this is our working plan that all of our staff uses when presenting our vision, goals, and strategies to achieve those goals.
Our staff works with Macs, so an IWorks Pages template would be optimal, but could work with InDesign if necessary.


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Contact Information
Millard Fillmore Suburban Hospital
2 West
1540 Maple Road
Williamsville, NY 14221
- (716) 568-3753
Women's Services
- (716) 568-3720
Mother/Baby Unit
- Map & Directions
ER Check-In
Select your preferred time and wait at home!
DeGraff ER Check-In.
Suburban ER Check-In.Powered by InQuicker
Women's Services
A full range of services for women are offered at Millard Fillmore Suburban Hospital. We are proud to care for women across all stages of their lives and meet all their healthcare needs.
Pregnancy and Postpartum Mood Disorders
Neonatal Intensive Care Unit (NICU)
Millard Fillmore Suburban Hospital has opened a brand new state-of–the–art level II Neonatal Intensive Care Unit (NICU) specializing in the care of ill or premature infants.
The NICU at Millard Suburban offers parents and newborns in the Northtowns advanced neonatal care close to home. With experienced advanced care practitioners from the Regional Perinatal Center at Oishei Children's Hospital, increased access to pediatric subspecialists, highly experienced registered nurses and a compassionate multidisciplinary care team; newborns can receive critical care and remain in the same facility as their mom.
The Labor and Delivery Unit is staffed by midwives and attending physicians with 24-hour anesthesiology coverage. Experienced, compassionate RNs care for mothers in labor as well as provide outpatient triage of pregnant women. Upon admission to Labor and Delivery, mothers are given four visitor passes for the partner and visitors' use during labor. Refer to Your Labor & Delivery Guide - PDF
The Mother-Baby Unit is a family-centered 20-bed unit with 16 private and 4 semi-private rooms. All of the nurses on the Mother-Baby Unit are specially trained in lactation to meet the new mom's needs day or night. A neonatal nurse practitioner is on duty 24 hours a day for stabilization of the newborn. Refer to Rooming in with your baby - PDF
For detailed maternity services and resources available for expecting parents at Millard Fillmore Suburban Hospital visit: www.Buffalobaby.org
Educational Classes
To register for a class, call (716) 568-3628.
- (Prior to birth) childbirth, breastfeeding, birthing basics, baby basics, sibling classes and more are offered (visit www.Buffalobaby.org).
- (Following birth) daily bathing and lactation, with lactation services available 12 hours per day, 7 days per week. (All of the nurses on the Mother Baby Unit are specially trained in lactation to meet the new mom's needs day or night. Support and guidance for bottle-feeding mothers and their newborns are also offered).
Maternity Support Groups
Postpartum Depression Support Group:
Pregnancy and Postpartum Mood Disorders - PDF
Caring Arms Perinatal Bereavement Support Group:
Caring Arms Perinatal Loss - PDF
A mammogram is a safe, low-dose X-ray procedure that images the internal tissues of the breast.
*New 3D Digital Tomosynthesis Mammography Now Available*
What is the benefit of a 3D tomosynthesis mammogram?
- Multiple breast images are taken in just seconds.
- A 3D image allows tissue to be examined one millimeter at a time offering great detail inside the breast to help detect breast cancer at its earliest stages. The radiologist can manipulate the image to closely review areas of interest, unlike films.
- Digital images are easily stored and transferred electronically, eliminating the dependency on one set of original films, which can be misfiled or lost in transit. They also reduce the need for repeat tests due to over or under exposure.
Millard Fillmore Suburban Hospital is proud to be one of an elite group of healthcare facilities in the country providing this revolutionary advanced treatment for breast screening.
Stereotactic or prone breast biopsy is also available.
Evening and Saturday hours are available. Call 716-568-6400 for an appointment.
Survivor Steps: Cancer Rehab and Recovery
At Millard Fillmore Suburban Hospital, we are dedicated to helping cancer survivors function at the highest level possible. Cancer treatment can be very hard on the body and often causes significant pain, fatigue and disability for survivors.
Through our Survivor Steps program our goal is to minimize these side effects and encourage cancer survivors to have the best quality of life possible. Our hope is to help you in striking the perfect balance to optimize your health and well being. Emotional support and proper nutrition along with coordinated cancer rehabilitation supported by a team of certified STAR Clinicians® and providers is what Survivor Steps can offer to you. Learn more Survivor Steps
MFS is a leading provider of minimally invasive gynecologic surgical services having received national recognition by AAGL (American Association of Gynecologic Laparoscopists) for offering women the highest quality of healthcare services based on national standards.
Many gynecological and oncologic conditions are being treated at the facility by some of the region's top surgeons including but not limited to:
- Cervical and uterine cancer
- Uterine fibroids
- Endometriosis
- Uterine prolapse
- Menorrhagia or excessive bleeding
Endometrial ablation procedures are performed such as the NovaSure System, a procedure revolutionizing the treatment of excessive menstrual bleeding. NovaSure uses focused radio wave technology to remove (ablate) the endometrial lining of the uterus, which dramatically reduces or even eliminates the bleeding. It is a highly successful alternative to hysterectomies for this condition.
Suburban is proud of its long tradition of and commitment to providing the newest, state-of-the-art procedures including Robotic Surgery to maximize successful patient outcomes. Visit Robotic Surgery for detailed information about minimally invasive gynecological surgery.


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Cold News on Groundhog Day: Phil Sees Shadow
Cold, cold news from famed groundhog Punxsutawney Phil Sunday morning-- his handlers report that he has seen his shadow, thus forecasting six more weeks of what already seems a brutal winter.
The news wasn't any better from Phil's Staten Island cousin, Chuck, who also saw his shadow and then dissed New York City Mayor Bill de Blasio.
De Blasio took part in his first official Groundhog Day ceremony on Sunday at the Staten Island Zoo. When he tried to hold Chuck, the rodent scrabbled out of his arms and made the leap to the ground below, where he was quickly picked up by a handler.
It could have been worse — in 2009, Chuck bit then-Mayor Michael Bloomberg's finger.
In Pennsylvania, Chuck's more famous cousin Phil emerged from his lair in front of thousands of fans around daybreak Sunday. [See CNN Video Coverage]
Phil's prediction is actually drafted ahead of time by a group called the Inner Circle, whose members don top hats and tuxedos for the annual Groundhog Day ceremony on Gobbler's Knob, the tiny hill in the town for which he's named about 65 miles northeast of Pittsburgh.
According to records going back to 1887, Phil has now seen his shadow 101 times while failing to see it 17 times, according to the Inner Circle. There are no records for the remaining years.
This year's Groundhog Day celebration marks a winter that has brought extreme cold to stretches of the country wholly unaccustomed to it, as well as a snow and ice storm that paralyzed Atlanta and other Southern cities.
Phil is the most famous of a small group of groundhogs said to forecast the weather, including Staten Island Chuck in New York and General Beauregard Lee in Atlanta.
The National Climatic Data Center has put Phil's forecasts to the test and found them sorely lacking, declaring the groundhog has "no predictive skill."
"It really isn't a 'bright' idea to take a measure such as a groundhog's shadow and use it as a predictive meteorological tool for the entire United States," the data center says on its website, helpfully if somewhat obviously.
(Copyright 2014 The Associated Press. All Rights Reserved)


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NEW! Now Available in Bronze
Oarlock Sockets shown from top to bottom
Oarlock Sockets are plain finish(as shown) or chrome plated, zinc alloy base with Delrin bearings for smooth operation. I.D. 1/2". Use #10 (3/16) Flat Head Fasteners. Also available in bronze
Oarlocks are plain or chrome plated(as shown), zinc alloy base. North River Type. Also available in bronze.


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The theory and practice of Husserl's phenomenology
University Press of America, Sep 1, 1986 - Philosophy - 186 pages
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Husserls LOGICAL INVESTIGATIONS
Brief sketch of the LOGICAL
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We missed the Tuesday Night Tasting last month (Lombardia) due to travel, so I was delighted when our monthly invitation arrived for this tasting. Mom filled in as my date this week while John attends an annual convention in Florida.
We were seated in the private dining room at the east end of the restaurant, with gorgeous nighttime views of the city and bridge. Jennifer joined us at the family table, while Lyrra skillfully and beautifully narrated our journey through some of Lazio's most famous dishes.
The wine pairing featured a white wine from the Pietra Porzia estate, located just outside of Rome (Frascati, Pietra Porzia "Regillo" 2010) - medium-bodied with intense aromas of citrus and pear; fresh and lively on the palate with a dry nutty finish, and a red blend from two varieties native to the region (Cesanese del Piglio, Colle Ticchio, Corte dei Papi, 2010) - medium-bodied, full-flavored, brimming with intense aromas and flavors of ripe strawberry, raspberry and cherry fruit, black pepper and nutmeg spiciness.
For our Zuppe e Antipasti, we sampled lightly grilled hearts of romaine topped with shaved pecorino pepato and Il Fornaio house dressing. Lightly grilling the lettuce lends a subtle smokiness. Two soups, and a Roman-style gnocchi are also offered.
For the pasta course, we enjoyed a whole wheat ravioli filled with Swiss chard, spinach, ricotta and pecorino cheese, topped with field mushrooms and organic cherry tomatoes.
Bucatini all' Amatriciana, probably the most well known dish from this region, is one of the four pasta courses on the menu. I just featured this pasta in a recent blog post, here, and plan on making a double or triple batch of the all' Amatriciana sauce this weekend for our That's Amore dinner party, so I have plenty to freeze for leftovers.
Il Fornaio's sauce is prepared with the traditional pork guanciale (unsmoked Italian bacon prepared with pig's jowl or cheeks), in a lightly spiced tomato sauce with basil, onion and Calabrian peperoncino, tossed with percorino cheese, and served over bucatini.
In addition to narrating, serving, and keeping our wine glasses filled, Lyrra subbed in as my photography and styling assistant, offering to grate some Parmigiano over the top as I photographed this amazing pasta.
While John and I normally gravitate toward the pasta dishes when we frequent the bar at the Il, this slow-braised oxtail, simmered in a savory broth with root vegetables, was melt-in-my mouth amazing. We also had a tasting of the Salmone Ostia Antica - roasted salmon with fresh asparagus, artichokes, capers and lemon, served with sauteed spinach and mashed potatoes.
Two additional Secondi courses are featured - Veal Saltimbocca and Mixed Grill (game hen, rack of lamb, beef tenderloin, and Calabrian sausage).
Definitely save room for the dolci of the evening - Kahlua and coffee mousse with pieces of sambuca-soaked sponge cake, chocolate coffee beans, and lingue di gatto ("cat's tongue") cookies. Lyrra magically appeared again, with a snifter of white sambuca to complement the styling. Of course, I couldn't let it go to waste after packing up the camera.


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Video Of Elderly Dog Reuniting With His Owner Is Too Much!
It's the end of a long week and just to make you feel even more fragile along comes this heart wrenching story of an elderly dog being reunited with his soldier owner.
These videos have been doing the rounds for a while now, but there's something about this one that kicked us right in the feels.
Buddy is a Golden Retriever who lives in Cleveland, Ohio and it's fair to say he's getting on a bit.
At 13 years old, every day is a gift for lovely Buddy.
He has arthritis and is mostly deaf, but nothing was gonna stand in the way of him showing how thrilled he was when his owner, Private Hannah Foraker, 21, returned home from training.
It's the part where he rests his gorgeous paw on her lap that gets us the most, dogs truly are a man's best friend.
The video has already racked up nearly five million views!
And to really get you going, here's some more magical moments just like this one, can someone pass the tissues!
Source Woman's Day


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The UK bike market is currently enjoying something of a boom, with various niche brands having gained a solid foothold on the market. But it's still rare to be able to buy components from a company that not only designs but also manufactures in the UK.
Hope Technology fit the bill, and are going from strength to strength; their parts are now found in bike shop bling cabinets the world over as well as adorning the bikes of pros and ordinary folk alike. There can't be many British cyclists who aren't able to recognise the distinctive green and white livery on sight.
We went along to Hope's new factory in Barnoldswick, Lancashire to have a look at the process which takes parts all the way from initial conception, design and testing, through manufacture, to assembly and eventually despatch to dealers worldwide.
Welcome to Barlick
Hope haven't moved far to get here. The new Hope Mill (formerly a printer's) is just around the corner from their old facility so everything, from staff to machinery and furniture, has been moved across. The company employs around 90 local engineers, machine operatives and admin staff, most of whom live within walking distance of the factory.
Hope have taken advantage of the previous owner's immaculate outfitting of the building and turned the renovated double-height engine room at the front of the mill into a showcase for their products. Photos from some of the best cycling photographers in the business line the walls, viral video hits featuring Hope-supported riders play on the flatscreen TV wall and upstairs there's another gallery featuring all the staff.
Co-owner Ian Weatherill is justifiably proud of the support and affection the town has for the Hope brand and the new factory has a social club, complete with bar, pool table and proper coffee, as well as plans for a local Hope-built trail, making the most of the company's sense of community.
Upstairs there are a handful of bikes on display in the swanky new entrance lobby, from cross country and downhill race bikes to the fleet of liveried-up Hope road bikes. Barnoldswick is in the thick of Lancashire's road tradition and should you see the distinctive kit out and about on the Pennine tarmac, cast a keen eye over the drivetrain. Several riders are currently test riding a 1x10 setup, complete with chain device, which they say gives enough gear spread to tackle every hill they can think of - and those who've rubbed shoulders with the boys in green and white at sportives like the Etape du Dales will know they're handy enough.
Hope actively support a selection of teams, ventures and individuals across a diverse number of disciplines, from local boy Guy Martin who trains on a Hope-equipped Orange, to caving expeditions, their local trail centre Gisburn Forest and the new Scott Contessa women's UK race team. Many of the staff are riders and racers too, whether road, mountain bike, 'cross or all three. There's a big roomful of staff bikes at the back of the factory that reflects the breadth of cycling culture ingrained in the company.
Palatial as they are, the offices are dwarfed by the scale of the manufacturing facility next door. As much of Hope's production as possible occurs in-house, with out-sourcing only occurring with parts that aren't practical to make at Barnoldswick (eg. carbon fibre lever blades or the electronic components in Hope's Vision lights). Millions of pounds' worth of milling and turning equipment cover the factory floor, running 24 hours a day to attain maximum efficiency.
Design and engineering
Hope's design and engineering work happens in house, too. While the corridor of offices adjacent to the factory looks more like a hotel than a design facility thanks to the previous occupier's 'quirky' taste in lighting, it's given Hope plenty of room for the desk-based parts of the company to get down to business.
With a 3D printer buzzing away in the corner and various intriguing 'paperweights' floating around on desks, it's an interesting place for the nosey
Three-dimensional nylon printing allows for quick and accurate models. The next step is printed titanium. Rather more expensive, we suspect...
Integrated freehub and cassette: allows a much smaller sprocket at the high end of the range, making properly useful 1x10 a real possibility.
Want discs on your 'cross or road bike? Then you'll be interested in this: it's a work-in-progress design for an STI lever>hydraulic disc brake converter, designed to be mounted neatly beneath the stem
Perks of the job: want a new flat pedal? Make yourself one
Not your usual cassette body
This is Hope's new chainset and single ring chain device. A version of the 1x10 drivetrain is undergoing testing on a few staff bikes. Including the road ones...
Like everything else, Hope do their testing and quality control in-house. The test room is a satisfying mix of scarily heavy-looking machinery and Heath Robinson-esque setups.
This dyno is for brake testing, used to simulate pretty much every riding condition you can think of
It gives access to everything from speed to temperature for on-screen analysis and refinement
A throttle-controlled keyboard? Perfect for lacklustre Mondays
Hope's after-sales service is legendary and the warranty room gives a new meaning to desk-driving
All Hope's return and repair work is done in house and they keep spares going back as far as is practical. Which is often a very long way indeed
Goods in
It might not look glamorous but this is where the magic starts
Manufacture from scratch requires large amounts of raw material and everything from standard stock product...
...to extrusions custom-made for specific parts arrive here
Forecasting demand and buying in appropriate stock of raw materials by the tonne up to a year in advance is all part of a day's work here. Scary
This is also where the off-cuts end up; manufacture creates inevitable waste and while it's minimised by efficient production, there's still plenty to dispose of
All the swarf, spare bits and mistakes are sent off to be recycled: it's good environmental and financial sense
This is how a hub starts, as part of a large box of raw aluminium blanks that arrive ready to be converted into shiny moving parts
State-of-the-art CNC machines run 24 hours a day
Though the milling and turning machines still need human intervention to load and operate, they allow Hope to run a massively efficient factory floor with the minimum of downtime
There's still room for traditional tools, though...
Quality control happens all the way through the process, not just at the end. Here a machined hub shell's being checked to make sure that the bearings will fit perfectly, with tolerances down to thousandths of an inch
Well-used and beautiful tools to go with the finely honed skills
The machines might be automated but they still need to be given a gentle prod every now and then...
Just a reminder – on the neighbouring machine, the blanks are loaded the other way up
CNC machining in action. Looks like numbers to us but we were assured that it was busy making hubs...
Tooled up
Don't put your fingers in here
More machining. It's a dark and mysterious business
This is the EDM (electrical discharge machining) machine, busy cutting freehub pawls from sheet steel
The process uses an electrically-charged wire to slice through material and can cut tiny, complicated items precisely
Rotors are cut from sheet steel by a plasma cutter – spectacular and speedy
Don't put your fingers in here, either
Careful pattern layout minimises waste...
...all of which is sent off to be recycled
Stacks of ready-to-cook rotors appear as if by magic
Once cut, the rotors are cooked to temper the steel, then cooled evenly in a press to keep them flat before assembly
Even the most esoteric of standards still find some love here
if you've attended a race event that Hope support, you'll probably have seen these before: yes, even their customised trophies are made in Lancashire
Waste not
It might be low-tech in comparison to the computer-controlled machinery around it but the thread rolling machine that sits unassumingly on the shop floor is just as efficient
It threads a skewer in a second and is worked by the same operators who load and watch the CNC machines
Efficient, practical, and very Hope
Finishing and anodising
Before anodising can happen, the finished machined parts are polished
Larger components are racked while small parts go straight into the tubs which are filled with various polishing compounds
Eco-friendly ground walnut shells do the fine stuff, whilst ceramic beads of varying sizes remove rougher edges
Anodising happens in-house, too. Polished parts are racked by hand
Then they're primed with an electrical charge before being immersed in a series of temperature-controlled baths of dye
This is one anodising line; once the move's complete there will be three but to avoid any interruption in production Hope simply built a new one in the new factory. Logos are laser-etched into the anodised parts before they move on to assembly
Hope Vision
Quite a few of the components needed for Hope's Vision lights are bought in but they're still assembled and tested in-house
The soft harnesses which adapt the lights for use as a regular head torch are made by machinists here, too
You'll find the distinctive Hope livery everywhere from UK fell races and mountain marathons to the deepest South American cave expeditions
Hope's wheels are deservedly popular and they're all built in-house, too
Rims, spokes and nipples are bought in in quantity to produce everything from heavy-duty downhill use to deep section carbon tubs for the 'cross brigade
They're available in all the combinations you can think of and probably more besides
Rims are laced to hubs by hand, then taped and tensioned by machine
They're then hand-finished, stickered and boxed ready for despatch
This is where all the manufacturing sweat comes to fruition. Parts are gathered and put together. Everything from assembling a hub...
...to compiling the various parts of headset is done here
Parts are racked up when they're ready to go: these are finished brake levers waiting to be attached to their hoses and callipers
Assembled brakes are filled and bled using a pressurised tank of fluid, custom made for the purpose of quick and easy bleeding. Vital when you're doing hundreds of brakes at a time
Finished parts are boxed and racked. If you're thinking that doesn't look like much storage, you'd be right; Hope have efficient, just-in-time manufacture down to a fine art
Right at the end of the line is the target: a very big pile of boxes, all ready for despatch to dealers by courier
For a further look behind the scenes at Hope, check out the video below by MTBcut:
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OverviewWhether one is looking to achieve a contemporary or classic atmosphere stone tile will meet the design challenge. These tiles are great for walls, backsplashes, countertops and residential floors.
Disclaimer: The Stone Series is a natural stone product. No two pieces are exactly alike. This variation is what gives natural stone products their distinctive appearance. All tiles should be inspected before installation, as no adjustment will be made after installation.
Full Boxes are also available
- Brand:
- Diamond Tech Tiles
- Collection:
- DT Stone Tile Accents 3" x 6" Field Subway Tile Collection
- Category:
- Tile
- Sub Category:
- Subway Tiles
- Application Type:
- Color:
- White
- Base Material:
- Marble
- Tile Finish:
- Unpolished
- Overall Tile Size:
- 3" x 6"
- SQFT of Tile:
- 0.12
- California residents:
- see Proposition 65 information


text:
The Men of Sex and The City by Glen Hanson
Photos by G. Art by Glen Hanson.
A few weeks ago, I told you about the amazing window displays of the women of Sex and The City by artist Glen Hanson at Jeffrey in New York (located at 449 West 14th Street). They were so wildly popular that the men of Sex and The City are now featured! From left to right, Harry Goldenblatt (Evan Handler), Steve Brady (Scott Eigenberg) and Smith Jerrod (Jason Lewis). Mr. Big is not featured because the rumor is he couldn't get off the couch to sit for a portrait. While you are down at Jeffrey checking out these really cool displays, don't forget to pick up your free limited edition postcard featuring the ladies of Sex and The City as interpreted by the marvelous mind of Glen Hanson.


text: Another Bright Year for Farm Profits January 8, 2013 08:42 PM Tweet TAGS: Marketing, Overseas December 18, 2014 By Ed Clark Top Producer Business and Issues Editor Email Agriculture continues to be shining star for U.S. economy It's still early, but 2013 has the hallmarks of another bright year for corn and soybean farm profits—just not one for the record books, such as 2012. The University of Illinois (U of I) projects a net income of $291,000 using $5.80 corn prices and $12.40 soybean prices for a 1,200-acre corn/soybean farm. "Overall, 2013 is projected as a good income year for crop farms," says Gary Schnitkey, U of I ag economist. This year's projected income level is significantly above long-range projections of $4.50 corn and $10.50 soybeans that would result in more modest net farm income of $85,000. Farms of the size in Schnitkey's simulated model had average income of $207,000 for the years 2007–11. Variables include 187 bu. per acre for corn yield and 54 bu. per acre for soybean yield, a split between owned and rented farmland and $480,000 in debt. "Profits for 2013 will back off a little and look a lot like 2011," adds Chad Hart, Iowa State University ag economist. On the expense side, Hart is forecasting a 5% to 7% increase. Total costs are likely to be in the $4.70 to $4.80 per bushel range for corn and $11.30 to $11.40 for soybeans. That said, Hart believes price protection is in order. "I can tell a good story on why corn prices next fall should be either $4 or $9. While both corn and soybean prices are likely to be highly volatile, expect soybean prices to be the more volatile of the two," Hart explains. For southern Minnesota, a University of Minnesota model projects net farm income for corn of $240 per acre, using early December futures prices. Few years compare with that historically, although it is far shy of the $473 return for 2012. "Last year was a phenomenal year," says Bob Craven, a University of Minnesota ag economist. Factoring in a $55 per acre return to management and labor, breakeven for corn is $4.94 per bushel with a cash rent of $231 per acre. Break-even for soybeans is $5.91 per bushel with a cash rent of $400. Corn profits are projected to be about double those of soybeans. Back to news


text:
'Arr, ' said Long John Silver, 'Arr, arr,' by way of clearing his throat, before addressing his 9 remaining companions.
'We've sailed the seas for 7 long years, and plundered a pirate hoard, and the time has come to divvy the loot at last. It goes without saying that each of you lubbers wants all the treasure he can lay his hands on.'
'Now, as ye know, the Rules of the Sea require that the Captain shall propose a division, and all then vote, democratical-like; if the proposal be passed, then all take accordingly. If the lots cast be tied, the Captain votes again, to break the tie. But if the division be rejected, the Captain forfeits his share, and the right to propose passes to the next in rank, and so on until a division be agreed at last.'
Now gather round me hearties, and listen to me proposal, according to rank:
Long John Silver, Cook and Captain: 75 shares
Abe the Master: 1 share.
Ben the Mate: 1 share
Caleb the Gunner: 1 share
Dave the Able: 1 share
Eben the Bosun: 1 share
Fergus the Feeble: 2 shares
Gabe the Gimpy: 4 shares
Ham the Hopeless: 6 shares
Jesse the Cabinperson: 8 shares
'I'm sure you'll agree, lads, I've done you all proud.'
Of course, it's endlessly debatable whether Long John's proposal is fair; but should his proposal be carried, or not?


text:
BL20PG2 Xeon 3.06 1M (2P) BladeHewlett-Packard Part# 339597-B21
Overview:The ProLiant BL20p G2 is a performance dual-processor server blade engineered for the enterprise. The ProLiant BL20p G2 delivers high-performance Intel Xeon processors SAN storage capability up to 8GB of PC 2100 DDR memory and gigabit NICs standard. The ProLiant BL20p G2 delivers optional Fiber Channel support for SAN implementations and clustering capabilities. Through the implementation of a SAN with the ProLiant BL20p G2 customers can achieve improved data availability easily scale capacity and realize management cost savings from consolidating disk resources. In addition with HP 's fusion of SAN and NAS (Network Attached Storage) customers can design a storage architecture that incorporates application database and file serving solution functionality.


text:
Funding Sources
Below are a number of funding opportunities available primarily to graduate students. They are listed by the month in which the application is due. The most recent year of information is given in parentheses; interested students should contribute revised information when possible. For visual convenience, the following icons are used to distinguish among funding categories:
- Botany
- Ecology
- Entomology
- Herpetology
- Ichthyology
- Ornithology
- Environment
(2008): Northeast Aquatic Plant Management Society
15 January
(2008): Frances M. Peacock Scholarship for Native Bird Habitat
(2008): Anne S. Chatham Fellowship in Medicinal Botany
- (2008): GCA Award in Desert Studies
(2008): GCA Fellowship in Ecological Restoration
31 January
(2008): The Zone VI Fellowship in Urban Forestry
01 February
(2008): Zeller Summer Scholarship in Medicinal Botany
(2008): The Joan K. Hunt and Rachel M. Hunt Summer Scholarship in Field Botany
(2008): GCA Summer Scholarship in Field Botany
(2008): Robert and Patricia Switzer Environmental Fellowship
(2008): CESE Multidisciplinary Environmental Research Awards for Graduate Students
10 February
(2008): The Mary T. Carothers Summer Environmental Scholarship
(2008): Clara Carter Higgins / GCA Summer Environmental Studies Scholarship
(2008): The Caroline Thorn Kissel Summer Environmental Studies Scholarship
(2008): The Elizabeth Gardner Norweb Summer Environmental Studies Scholarship
13 February
29 February
01 March
(2008): New England Botanical Club Graduate Student Research Awards
(2009): American Society of Plant Taxonomists Graduate Student Research Grants
15 March
- (2008): Sigma Xi Grants-in-Aid of Research
- (2008): Wildlife Conservation Society Research Fellowship Program
31 March
01 April
(2008): Botanical Society of America Graduate Student Research Awards
11 April
15 April
(2007): Northeast Aquatic Plant Management Society
15 October
23 October
(2007): EPA Greater Research Opportunities (GRO) Fellowships For Graduate Environmental Study
07 November
- (2008): NSF Graduate Research Fellowship Program (GRFP)
- (2008): Australian Biological Resources Study Grants
21 November
12 December
20 December
(2007): P3 Awards: A National Student Design Competition for Sustainability Focusing on People, Prosperity and the Planet
31 December
(2007): Catherine H. Beattie Fellowship
(2007): GCA Awards in Tropical Botany


text:
Please select your country of residence to view relevant information, fares and special offers.
There are restrictions on goods that you can bring into and take out of the country including animal and plant material, food, wildlife, medicinal products, firearms etc. You may need to declare goods upon arrival or departure and also may be charged airport tax in certain countries.
Click here to learn about customs, currency and airport tax regulations in detail.


text:
Sept. 28, 2006
Thomas Fuller once said, "A good example is the best sermon." Albert Einstein said, "Setting an example is not the main means of influencing another. It is the only means."
Both quotations lead us to the same point. The power of an example cannot be measured, but is nevertheless undeniable. There will always be teachers and mentors who lead through their words and do so effectively. But an added example goes so much further.
Lipscomb baseball coach, Jeff Forehand, has proven to understand this concept well. Though he has been at Lipscomb for a short time, Forehand has wasted no time motivating his team, teaching them through actions of his own.
For most players, conditioning can prove to be the most difficult and dreaded activity of the season. Hours of exercise prepares the players for the long practices and season ahead.
It would be easy for a coach to sit back and observe, preparing his players, through only his own instruction. However, Forehand has taken instruction a step further this year, training alongside his players, leading by example.
"The very first time we had our workouts, I didn't even notice him," catcher Caleb Joseph said. "He wasn't vocal about it. He just did it. That was unbelievable. He gained so much respect from every player.
"He is not asking us to do anything that he wouldn't do. He is out there doing every single push up, every single lunge, and every single sprint."
As simple as it may seem, it was a powerful gesture. Through his actions, Forehand not only gained the respect of his players, but demonstrated his respect for them. By placing himself at his player's level, he succeeded in inspiring his team, his efforts, encouraging them to train harder.
"It makes you work that much harder, and it made it more worthwhile," Joseph said. "You really feel like you've accomplished something when you are out there working alongside your coach. It is absolutely amazing. I get so excited, it makes me work that much harder, and go all out everyday.
"It shows his level of commitment to the team. By being out there he is showing us that he is 100 percent committed, and we are going to follow him and hopefully get this program back on the mat."
Whether he intended it or not, Forehand's actions united him with his new team. For those who knew little of their new coach on the first day of workouts, they witnessed a man who respected them enough to sweat with them. And through witnessing their coach's respect, he earned theirs.
Krissy Wade, student sports information director for baseball and sports editor for The Babbler, wrote this story.


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Deion Sanders About His Divorce With Pilar! (About The Fight That Went Down Between Pilar & His Aunt + More) [Audio]
"Deion Sanders Talks to the Nationally Syndicated Rickey Smiley Morning Show this morning about his divorce with Pilar. He also speaks on the incident that happened at his house where a fight broke out between Pilar and his aunt and much more. " - Rickey Smiley Morning Show
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doing a quick Google search on Secession brought me to articles about 3 different states all in the Secession game. the linked article above was the best though, so i will discuss it's contents.
first of all, the general idea here is to eliminate the power of the federal gov't. i'm sure they still want all the money from Washington, but they don't want to comply with federal law. they think that they should be able to legislate their state as they see fit, without any pesky Constitutional interference.
what do they want? no gun regulation, no recognition of gay marriage, no abortions, no environmental policies, no separation of church and state, and no hate crime laws. at least for openers.
what a list! i'm not sure how they left out the ability to teach Creationism, but i guess that's covered under the whole reinterpretation of the Establishment Clause.
while this Bill will never pass, and even if it were it would be thrown out by the Courts (i assume). but i have a bigger question that has been popping into my mind recently - should we let them leave?
personally, i'd love to just tell them good luck and never look back. morally, i have problems with abandoning the non-crazy folks who live there. but how could you want to remain in a state that keeps going backwards like this? shouldn't you want to get out? or is it the responsibility of the rest of the Nation to lift them from their state of ignorance? at this point, i'm not even sure that it is possible. they are lost, and i fear there is no hope of them ever becoming found.
what say you? let them leave or try to keep their sorry asses?
Views: 639
Last one out, bring the flag.
interesting interview with the author of the book, "Better Off Without 'Em: A Northern Manifesto for Southern Secession".
does the fact that this book exists highlight the possibility of something like southern secession happening?
25% of Republicans polled support their state seceding from the Union.
foreign influence hello. do the math. they want land overseas w/paying taxes too
YES! Let them free of the noose of working for the common good, giving all people human rights, protecting the poor, diseased, hungry, homeless people and let them govern according to their "god" given rights. Let's put the idea to the test! There is no benefit to USA to have such god-fearing, domination focused citizens.
interestingly enough, i wrote this discussion back in May, well before all the online petitions hit the White House site after the election. little did i know how prescient i was!
Americans have been taught outright lies about their own history and the documentary proof of our history and our form of government has been intentionally withheld. The only reason people think that states do not have the right to secede is because of a coup d'etat by the Federalists. Until then, the U.S.A. was nothing more than a treaty organization.
But as to letting them leave? All the states that want to leave, receive more from the fed than they pay to the fed. So let them leave.
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By: Jacob Elyachar, jakes-take.com It is a pleasure to welcome girl group L2M to Jake's Take! In less than one year's time, best friends McKenzie, Mariangeli, Tati, Jenna, and Lexi have gone from voicing characters in the film-Lego Friends: Girlz for Life to being recording artists signed to Warner Music Group. The girls' beliefs in […]
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Filed Under: Interviews, Music Tagged With: A Conversation with L2M, artists on the rise, artists who inspire L2M, interview with the L2M girls, Jake's Take, Jake's Take articles, Jenna L2M, L2M Facebook, L2M girls, L2M Girlz, L2M Instagram, L2M interview, L2M Pop Shop, L2M social media, L2M Twitter, L2M Warner Music Group, Lego Friends: Girlz for Life, Lexi L2M, Mariangeli L2M, McKenzie L2M, rising music groups, Tati L2M, Warner Music Group artist interviews, Warner Music Group performers


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U.S.A.: The 42nd parallel ; Nineteen Nineteen ; The big money, Volume 2
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