text:
No. 99,028
1. A district court's order granting relief to a movant under K.S.A. 60-1507 is a final decision because it terminates the civil case at the district court level. A habeas corpus action is an independent and original civil proceeding and is terminated by the district court's order either granting or denying relief to the movant. The State may appeal an unfavorable disposition of a K.S.A. 60-1507 motion in the same manner as a final judgment in a civil proceeding.
2. Where the journal entry of a district court in a K.S.A. 60-1507 proceeding alleging ineffective assistance of counsel fails to demonstrate adoption of the facts that would support the allegation that the movant would not have entered a plea and would have elected to go to trial had he received effective assistance of counsel, we must remand for compliance with Supreme Court Rule 183(j) (2008 Kan. Ct. R. Annot. 247). Because this court cannot ascertain the specific reasoning utilized by the district court, we cannot determine whether the court's order was based on the proper application of the two-part ineffective assistance of counsel test to facts that were not specifically articulated in the journal entry or whether the court's order was the result of a misapplication of the law.
3. The discovery rules of K.S.A. 60-226(b)(6) are not applicable in the context of a K.S.A. 60-1507 proceeding.
Appeal from Sedgwick District Court; ERIC R. YOST, judge. Opinion filed April 10, 2009. Reversed and remanded with directions.
Matt J. Maloney, assistant district attorney, Nola Tedesco Foulston, district attorney, and Stephen N. Six, attorney general, for appellant.
Kurt P. Kerns, Ariagno, Kerns, Mank & White L.L.C., of Wichita, for appellee.
Before GREENE, P.J., GREEN and LEBEN, JJ.
GREENE, J.: The State appeals from the district court's order granting Shea Moll's motion pursuant to K.S.A. 60-1507, arguing the court's fact findings were unsupported and its conclusions of law were insufficient to support a vacatur of Moll's convictions and a new trial. Initially, we examine our jurisdiction to review the court's order for a new trial and conclude that our jurisdiction is proper because the civil proceedings under K.S.A. 60-1507 were final upon the district court's order reassigning the case to the criminal trial docket. We then examine the district court's journal entry in the 60-1507 proceeding and conclude that it fails to support the relief granted, thus requiring that we reverse and remand for further proceedings.
Factual and Procedural Background
In Sedgwick County Case No. 04 CR 831, the State charged Moll with aggravated escape from custody, in violation of K.S.A. 21-3810(a)(1), arising from Moll's failure to return to residential community corrections following work release on February 11, 2004. Before the State located him, Moll became intoxicated and caused a vehicle collision, which severely injured the occupants of the other vehicle. Consequently, in Sedgwick County Case No. 04 CR 3254, the State charged Moll with two counts of aggravated battery, in violation of K.S.A. 21-3414(a)(2)(A), and driving under the influence of alcohol (DUI), in violation of K.S.A. 2004 Supp. 8-1567(a)(2). The second count of aggravated battery was subsequently amended to K.S.A. 21-3414(a)(2)(B), a severity level 8 felony. Because Moll had been on probation for another offense, the State also moved to revoke his probation in Sedgwick County Case No. 02 CR 611.
Moll's retained counsel, Danny Saville, entered plea negotiations with the State. Initially, the State was unwilling to offer any substantial incentive for Moll's plea. Ultimately, the State offered a sentencing recommendation of the mitigated sentence within the appropriate grid box for the aggravated escape charge in 04 CR 831 but warned Saville that the State planned to seek the aggravated sentence within the appropriate grid box for aggravated battery charges in 04 CR 3254 and planned to seek consecutive sentencing on all counts.
Moll rejected the State's proposal for 04 CR 3254 but accepted the offer for 04 CR 831, and he subsequently signed plea forms in both cases, admitting responsibility for all charged offenses. At the plea hearing, the district court specifically noted that Moll had entered an agreement in 04 CR 831 but was pleading without an agreement in 04 CR 3254. Saville affirmed the State's recitation of the plea agreement, and Moll indicated that he understood the plea agreement as articulated by the State.
When the district court questioned Moll about his understanding of his rights and the consequences of entering guilty pleas, Moll specifically acknowledged that Saville had fully discussed the charges and the rights contained in the plea form, that he was satisfied with Saville's representation, and that he had no complaints about Saville's representation or the court's treatment of him. Moll asserted that he had read the plea form, discussed the form with Saville, believed the pleas were in his best interests, and voluntarily made the decision to enter the pleas. Moll also stated that he understood that the court was not bound by any agreements entered by the parties and that he could receive as severe a penalty as he would receive if he were convicted after a trial, including consecutive sentencing. The court asked Moll for an account of the events for which he was entering a plea, and Moll admitted that he had driven while intoxicated to the extent that he possessed a breath-alcohol concentration of .224 and that he had been involved in an automobile accident which recklessly caused severe bodily injuries to the victims. The court accepted the pleas, finding them voluntarily and knowingly entered.
Moll filed motions for downward durational and dispositional sentencing departures, which were subsequently denied. At sentencing, the district court revoked Moll's probation in 02 CR 611 and ordered Moll to serve 11 months in prison. In 04 CR 831, the court imposed a 19-month sentence, the mitigated sentence within the appropriate grid box, and ordered the sentence to be served consecutive to the sentence in 02 CR 611. In 04 CR 3254, the court imposed a 114-month prison term for the severity level 5 aggravated battery conviction, a 7-month prison term for the severity level 8 aggravated battery conviction, and 6 months in jail for the misdemeanor DUI conviction. The court ordered the three sentences to be served concurrent to one another but consecutive to the sentence imposed in 04 CR 831.
Almost a year after sentencing, Moll filed the present action, seeking to withdraw his plea because of ineffective assistance of counsel. Moll alleged that his counsel was ineffective for failing to conduct any meaningful investigation into the charged offenses, failing to file any pretrial motions, and failing to conduct a meaningful defense. The motion attached an affidavit of Jay Greeno, who opined that Saville's representation of Moll had deprived Moll of his constitutional right to effective assistance of counsel.
After a preliminary hearing, the district court concluded that Moll's motion presented substantial claims warranting an evidentiary hearing. The district court held an evidentiary hearing on April 12, 2007. At the conclusion of the hearing, the district court directed the parties to submit findings of fact and conclusions of law. Ultimately, the district court adopted the findings of fact and conclusions of law presented by Moll and ordered Moll's convictions in 04 CR 831 and 04 CR 3254 vacated and reassigned the cases to the criminal docket for trial.
When the State objected to the journal entry pursuant to Kansas Supreme Court Rule 170 (2008 Kan. Ct. R. Annot. 241), the district court held a hearing to settle the journal entry. At the hearing, the State argued that the journal entry failed to accurately reflect the testimony presented during the evidentiary hearing and that the journal entry did not enable the State to ascertain the basis for the court's ruling. Without addressing the State's concerns, the district court affirmed its adoption of Moll's proposed findings of fact and conclusions of law.
Is the District Court's Order Granting Relief Under K.S.A. 60-1507
Subject to Appeal by the State?
After initial briefing in this appeal, we questioned jurisdiction on our own motion and ordered the parties to submit supplemental briefs on the question whether the district court's order granting relief under K.S.A. 60-1507 was subject to appeal by the State. Our order noted that the State may appeal only in situations specifically enumerated within K.S.A. 22-3602(b) and that the only appeal allowed the State from an order granting a new trial is limited to off-grid or indeterminate A or B felonies. K.S.A. 22-3602(b)(4). Here, the crimes do not qualify for such an appeal. Moreover, we noted that a K.S.A. 60-1507 action is civil in nature and is governed by the Kansas Code of Civil Procedure, which limits appeals of right to final decisions. K.S.A. 60-2102(a)(4). The order appealed from by the State is not final in the sense that it reassigns the matter to the criminal docket for a new trial. An order granting a new trial in a civil case is not a final order from which a party may appeal as a matter of right. Oertel v. Phillips, 197 Kan. 113, 117, 415 P.2d 223 (1966).
The State argues that the district court's order granting relief to Moll under 60-1507 is a final decision "as it terminates the civil case at the district court level." We agree. Viewing a habeas corpus action under K.S.A. 60-1507 as an independent and original civil proceeding, such an action is terminated by the district court's order either granting or denying relief to the movant. Drach v. Bruce, 281 Kan. 1058, 1080, 136 P.3d 390 (2006), cert. denied 549 U.S. 1278 (2007) (finding the law of the case doctrine inapplicable in an appeal from a K.S.A. 60-1507 proceeding because the proceeding was a separate action from Drach's direct criminal proceedings); State v. Thomas, 239 Kan. 457, 459, 720 P.2d 1059 (1986) (citing Heflin v. United States, 358 U.S. 415, 3 L. Ed. 2d 407, 79 S. Ct. 451 [1959], for the proposition that a motion under K.S.A. 60-1507 created a new, civil proceeding independent of the criminal case); State v. Andrews, 228 Kan. 368, 375, 614 P.2d 447 (1980) ("[H]abeas corpus proceedings and motions under 60-1507 are civil in nature and not controlled by the constitutional or statutory requirements applicable in criminal cases."). Once a district court has ruled on the relief requested, the civil proceeding has ended, except for any appeal of the decision.
Our conclusion is consistent with aspects of statutory language contained in K.S.A. 60-1507. K.S.A. 60-1507(d) provides: "An appeal may be taken to the appellate court as provided by law from the order entered on the motion as from a final judgment on application for a writ of habeas corpus." Moreover, Supreme Court Rule 183(k) (2008 Kan. Ct. R. Annot. 249) provides that "[a]n appeal may be taken to the Court of Appeals from the order entered on the motion as in a civil case."
We are also persuaded by the State that if we held otherwise, the State would have no vehicle to seek meaningful appellate review of a district court order granting relief under 60-1507. Once a new trial has been granted to the movant, there would be no effective route thereafter to review the propriety of the new trial.
We hold that the State may appeal an unfavorable disposition of a 60-1507 motion in the same manner as a final judgment in a civil proceeding. Our holding is consistent with the outcome of two other panels of our court that have addressed this jurisdictional question. See McHenry v. State, 39 Kan. App. 2d 117, 119, 177 P.3d 981 (2008); Hilson v. State, No. 99,421, unpublished opinion filed February 6, 2009, review on other grounds filed March 9, 2009.
Is the District Court's Journal Entry Sufficient
to Support the Relief Granted and
to Enable Meaningful Appellate Review?
In its first issue on appeal, the State challenges the district court's factual findings and legal conclusions related to Moll's claim for ineffective assistance of counsel. Where the district court has held an evidentiary hearing on a K.S.A. 60-1507 motion and has made findings of fact and conclusions of law in compliance with Kansas Supreme Court Rule 183(j) (2008 Kan. Ct. R. Annot. 247), an appellate court reviews the district court's decision under a mixed standard of review. The reviewing court accepts as true any findings of the district court that are supported by the evidence and any reasonable inferences that might be drawn from the evidence. If such findings are sufficient to support the court's conclusions of law, the reviewing court will affirm the district court's decision. However, the district court's conclusions of law are subject to unlimited review. Bellamy v. State, 285 Kan. 346, 354-55, 172 P.3d 10 (2007); see also McHenry, 39 Kan. App. 2d at 120 (applying the same standard to an appeal by the State).
In Harris v. State, 31 Kan. App. 2d 237, 238-39, 62 P.3d 672 (2003), this court applied the requirements of Rule 183(j), as interpreted by State v. Moncla, 269 Kan. 61, 65, 4 P.3d 618 (2000). First, the court noted that "'Moncla counsels us to monitor district court compliance with Rule 183(j) more strictly than we may have in the past,'" 31 Kan. App. 2d at 239, and then stated:
"As Moncla explained, the purpose of requiring stricter compliance with Rule 183(j) is to ensure an opportunity for meaningful review. 269 Kan. at 65. Without explicit district court findings and conclusions on the specific issues raised by the movant, it is difficult if not impossible for this court or the Supreme Court to evaluate whether the motion should have been granted or denied.
. . . .
"In this case, the oral findings and conclusions reflected in the hearing transcript also are deficient. They address neither the two-part standard for evaluation of ineffective assistance of counsel claims, [citation omitted], nor the two-part standard for evaluation of newly discovered evidence claims, [citation omitted]. They do not specifically respond to any of Harris' claims about his counsel's alleged errors. They must, in order for us to have meaningful opportunity for appellate review." 31 Kan. App. 2d at 239.
Rule 183(j) has remained unchanged since Harris and makes no distinction between a journal entry denying relief and a journal entry granting relief in a K.S.A. 60-1507 proceeding. Therefore, the reasoning of Moncla and Harris is equally applicable to the State's appeal of the district court's decision in a K.S.A. 60-1507 proceeding.
A prisoner seeking relief under K.S.A. 60-1507 bears the burden of establishing both parts of the ineffective assistance of counsel test to a preponderance of the evidence. See Rule 183(g). Recently, in Pabst v. State, 287 Kan. 1, 25, 192 P.3d 630 (2008), the Kansas Supreme Court emphasized the specificity required in a K.S.A. 60-1507 motion:
"[O]ur rule governing the sufficiency of a 60-1507 motion appears to require more specificity. Supreme Court Rule 183(e) dictates that '[a] motion to vacate a sentence shall be deemed sufficient if in substantial compliance with the form' set forth by Judicial Council. 2007 Kan. Ct. R. Annot. 244. In paragraph 10 of that form, movant is directed to '[s]tate concisely all the grounds on which you base your allegation that you are being held in custody unlawfully.' In the next paragraph, movant is directed to concisely state the facts which support each of the grounds. That language calls for specificity in the manner in which the movant claims ineffective assistance of counsel. Further, when a movant submits the form, he or she 'is presumed to have listed all of the grounds upon which he is relying.' Smith v. State, 195 Kan. 745, 747, 408 P.2d 647 (1965)."
Because such specificity is required in a K.S.A. 60-1507 motion, Rule 183(j) demands, at a minimum, that the journal entry designate which of the movant's allegations, if any, entitle the movant to relief in order to permit meaningful review. The journal entry in the present case fails to designate the ground or grounds alleged that constituted ineffective assistance of counsel.
Here, the district court's journal entry falls short in several regards. First, it contains no findings of fact but, instead, merely summarizes the evidence presented at the 60-1507 hearing. In three separately numbered paragraphs, there is set forth a brief summary of the testimony of two local attorneys who testified as expert witnesses, a brief summary of the testimony of Moll, and a summary of the testimony of Moll's counsel. A summary of the testimony received is not equivalent to findings of fact; findings are a determination by the court of the facts supported by the evidence in the record, not merely a summary of the evidence. Black's Law Dictionary 684 (8th ed. 2004).
Here, there was no finding by the court with regard to any of the testimony summarized, whether and to what extent it was found credible, and how the court weighed that testimony to the extent the witnesses may have been inconsistent. Without factual findings, adopting one version of the facts or another, it is impossible to determine whether the district court believed that Saville provided no defense advice to Moll, that the advice was insufficient to fully apprise Moll of the consequences of a plea, or that Saville provided adequate communication but the ineffective assistance counsel claim was supported by other allegations.
Second, the court's conclusions of law set forth the standard to set aside a plea on the ground of ineffective assistance and the standards for determining the general validity of a guilty plea, but missing is the key conclusion that, but for counsel's errors, the defendant would not have entered the plea and would have insisted on going to trial. See State v. Muriithi, 273 Kan. 952, Syl. ¶ 1, 46 P.3d 1145 (2002).
Third, the entirety of the journal entry seems to have confused ineffective assistance claims in connection with Moll's plea with ineffective assistance claims in connection with Moll's sentencing. Obviously, it was improper for the district court to have vacated Moll's convictions and reassigned the case to the trial docket based on ineffective assistance of counsel at his sentencing. Some recognition and distinction between these claims must be drawn before we can provide meaningful review.
In summary, the journal entry fails to demonstrate adoption of the facts that would support the allegation that Moll would not have entered a plea and would have elected to go to trial had he received effective assistance of counsel. Due to the lack of factual findings and the lack of application of the two-part test for ineffective assistance of counsel to such findings, appellate review of the judgment is substantially hampered, if not rendered impossible. Because this court cannot ascertain the specific reasoning utilized by the district court, we cannot determine whether the court's order was based on the proper application of the two-part test to facts that were not specifically articulated in the journal entry or whether the court's order was the result of a misapplication of the law.
Findings and conclusions of this nature are required in order that we can provide meaningful appellate review. Where the district court "fails to state the controlling facts and its reasons for the decision, neither the litigants nor the appellate courts can determine the genuine basis upon which the trial court entered its judgment." Miller, Bench Decisions and Opinion Writing, 47 J.K.B.A. 247, 250 (Winter 1978). The policy underpinning for Rule 183(j) is precisely that for K.S.A. 60-252. Our Supreme Court elaborated on the policy in Brown v. Wichita State University, P.E.C., Inc., 217 Kan. 661, 664-65, 538 P.2d 713 (1975), in this manner:
"[T]he district court should state what it considers to be controlling facts and the legal principles upon which [its decision] was [based]. Otherwise, [the appellate] court upon . . . review will be required to explore and consider every possible legal theory which may be said to be involved . . . . Judges of a court of record, unlike a jury which may render an unreasoned decision in a general verdict, must, under our statute and rule . . . 'go on the line,' so to speak, and render a 'reasoned decision'–that is, assign reasons for the decisions rendered."
It is not appropriate for us to provide the missing pieces here. We decline to make credibility assumptions in a contested matter; we decline to make findings of fact based solely on the district court's summary of the evidence; we decline to apply legal standards to a mere evidence summary; and we decline to speculate as to the precise basis for a ruling where the basis has not been provided by the district court. The district court did not consider this an easy case; at the close of evidence, the court referenced "the toughest prong of [the] test" and characterized its task as "the challenge." It is not our function to complete the district court's task that is required by the rules; in fact, we believe our Supreme Court has made it clear that we are to monitor district court compliance with the rule, and remands of this nature have been legion since that mandate. See, e.g., Bellamy v. State, 285 Kan. 346, 354-55, 172 P.3d 10 (2007); State v. Hoge, 283 Kan. 219, 221-22, 150 P.3d 905 (2007); Gaudina v. State, 278 Kan. 103, 108, 92 P.3d 574 (2004); Swenson v. State, 35 Kan. App. 2d 709, 717, 135 P.3d 157 (2006), aff'd in part and rev'd in part on other grounds 284 Kan. 931, 169 P.3d 298 (2007); Harris, 31 Kan. App. 2d 237, Syl.; Gilkey v. State, 31 Kan. App. 2d 84, 87-88, 60 P.3d 347 (2003); Littrice v. State, 30 Kan. App. 2d 800, Syl., 48 P.3d 690 (2002); Stewart v. State, 30 Kan. App. 2d 380, 381-82, 42 P.3d 205 (2002); State v. Bolden, 28 Kan. App. 2d 879, 883-84, 24 P.3d 163, rev. denied 271 Kan. 1038 (2001).
We have no alternative but to remand for specific factual findings and legal conclusions as required by Rule 183(j). See Harris, 31 Kan. App. 2d at 240. We believe there is no need for any further evidentiary proceedings, but the district court is directed to conduct whatever proceedings it deems necessary for full compliance with Rule 183(j).
Did the District Court Abuse Its Discretion
in Admitting Moll's Expert Witness Testimony?
The State next contends that the district court improperly overruled the State's objections to Moll's expert witnesses and allowed the witnesses to testify, even though Moll had not provided notice to the State under K.S.A. 60-226(b)(6).
At the hearing on the K.S.A. 60-1507 motion, the State objected to the testimony of Greeno and Schoenhofer for lack of notice by the defense. The State acknowledged that Moll had attached Greeno's affidavit to the motion and that the affidavit had previously been used in the nonevidentiary hearing but argued that Moll had not notified the State that Greeno would be testifying at the evidentiary hearing. The State further alleged that Moll had not provided notice of Schoenhofer until the morning of the hearing.
Moll's counsel conceded that he had not provided notice to the State. He explained that Greeno had originally been retained as an expert, but, when Moll's hearing was continued, Greeno believed he had a conflict with a jury trial he was handling. Moll's counsel then asked Schoenhofer to review the case. Later, Greeno's case concluded, making him available to testify. Moll's counsel indicated that he sent the State no reports because neither expert prepared a report.
The district court provided no direct ruling on the objection but permitted Greeno and Schoenhofer to testify. After Schoenhofer testified on direct examination, the State renewed its objection to his testimony. This time, the district court specifically overruled the objection. Prior to Greeno's testimony, the State again objected because of the lack of notice and because the testimony was purportedly duplicative of Schoenhofer's testimony, based upon the representation of Moll's counsel. Again, the district court overruled the objection.
Citing Warren v. Heartland Automotive Services, Inc., 36 Kan. App. 2d 758, 760-761, 144 P.3d 73 (2006), the State contends that the failure to disclose expert testimony according to the requirements of K.S.A. 60-226(b)(6) causes the expert testimony to become inadmissible. K.S.A. 60-226(b)(6) is a civil discovery provision and provides in material part:
"(B) Except as otherwise stipulated or directed by the court, this disclosure, with respect to a witness (i) whose sole connection with the case is that the witness is retained or specially employed to provide expert testimony in the case or (ii) whose duties as an employee of the party regularly involve giving expert testimony, shall state the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion."
As noted in the State's brief, K.S.A. 60-237(c)(1) provides sanctions against a party who fails to comply with the discovery requirements of K.S.A. 60-226(b)(6) and states, in pertinent part:
"(c) Failure to disclose; false or misleading disclosure; refusal to admit. (1) A party that without substantial justification fails to disclose information required by subsection (b)(6) or (e)(1) of K.S.A. 60-226, and amendments thereto, shall not, unless such failure is harmless, be permitted to use as evidence at trial, at a hearing, or on a motion any witness or information not so disclosed."
Essentially, the State's argument for the inadmissibility of Moll's expert witnesses involves a sanction for a purported discovery violation, not a challenge to the relevance or foundation of the expert testimony. In fact, the State stipulated to the witnesses' qualifications. The State has cited no authority for applying the civil discovery rules to a proceeding under K.S.A. 60-1507, and independent research has revealed no Kansas case applying K.S.A. 60-226(b)(6) or K.S.A. 60-237(c)(1) to such a proceeding.
Our Supreme Court has acknowledged that aspects of the Code of Civil Procedure are not necessarily applicable to K.S.A. 60-1507 proceedings. In Pabst, 287 Kan. at 23-25, the Kansas Supreme Court recently considered whether the relation-back provisions of the Code of Civil Procedure applied in the context of a K.S.A. 60-1507 proceeding. Initially, the court noted that the Rules of Civil Procedure govern K.S.A. 60-1507 proceedings "'insofar as applicable.'" 287 Kan. at 23 (quoting Supreme Court Rule 183[a] [2007 Kan. Ct. R. Annot. 243]). The Pabst Court further reasoned that K.S.A. 60-1507 motions required specificity in alleging the factual and legal bases for the claims being made. Therefore, where an additional motion raised allegations that differed in the factual basis from a claim alleged in the original motion, e.g., ineffective assistance of counsel, the allegations did not relate back to the original motion. 287 Kan. at 25.
Similarly, the expert disclosure requirements of K.S.A. 60-226(b) are not applicable here. The discovery provisions of K.S.A. 60-226 are designed to define the factual and legal arguments in a civil proceeding initiated by notice pleading. See Halley v. Barnabe, 271 Kan. 652, 656-57, 24 P.3d 140 (2001) (noting that motions to dismiss are not favored because the Code of Civil Procedure provides for notice pleading and the ultimate determination of legal theories and issues is unsettled until after discovery has been completed). In the context of notice pleading cases, discovery rules are designed to prevent a party from surprising an opposing party at trial. See Warren, 36 Kan. App. 2d at 760.
In contrast, the procedure authorized for the disposition of a motion under K.S.A. 60-1507 does not specifically authorize extensive discovery. Under the specific pleading requirements of K.S.A. 60-1507, the policy rationale behind the discovery rules is diminished. In a motion under K.S.A. 60-1507, a prisoner is required to allege the grounds for relief with factual and legal specificity. See Pabst, 287 Kan. at 25. As a result, the State should be able to determine the factual and legal nature of the movant's claim from the motion without resort to discovery. Significantly, none of the other discovery provisions of K.S.A. 60-226 were followed in this case.
We note that our conclusion is consistent with federal practice. In discussing federal habeas corpus proceedings under 28 U.S.C. § 2254 (1994) (Rule 6a), the United States Supreme Court noted: "A habeas petitioner, unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course." Bracy v. Gramley, 520 U.S. 899, 904, 138 L. Ed. 2d 97, 117 S. Ct. 1793 (1997). The Bracy Court then noted that Congress under the direction of the Supreme Court had adopted rules governing federal habeas corpus that created a limited right to discovery. 520 U.S. at 904. In contrast, neither the Kansas Legislature nor the Kansas Supreme Court has adopted a rule similar to the rule discussed in Bracy.
Accordingly, we hold the discovery rules of K.S.A. 60-226(b)(6) are not applicable in the context of a K.S.A. 60-1507 proceeding.
Furthermore, even if the civil discovery rules are applicable to K.S.A. 60-1507 proceedings and the district court erred in refusing to exclude Moll's expert testimony, the district court's error is subject to the harmless error standard of review.
"No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or order, 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.
Although the State objected to the admission of the evidence, it did not seek a continuance to prepare for the testimony or to obtain its own expert witness but acknowledged that it was ready to proceed with cross-examination of the experts. The State also stipulated to the witnesses' qualifications to testify as experts. The witnesses both relied exclusively on Saville's case file and the court documents to formulate their opinions regarding Saville's representation. Neither witness provided any information that was not either produced at the hearing in some other form of evidence or reasonably inferred therefrom. Consequently, the State has failed to establish that the error prejudiced any substantial right.
Reversed and remanded with directions.
LEBEN, J., concurring in part and dissenting in part: I join the court's opinion on the issues of jurisdiction and evidence, but I dissent regarding the court's decision that remand to the district court for more findings is needed. The majority concludes that the district court's journal entry was insufficient for us to tell what it had ruled and the basis for the ruling. Though it's true that the journal entry could have done a better job connecting the dots, no real guesswork is required here.
The evidence as recited in the district court's journal entry showed that:
Beyond evidence, we must determine whether the district court has addressed "the two-part standard for evaluation of ineffective assistance of counsel claims." Harris v. State, 31 Kan. App. 2d 237, 239, 62 P.3d 672 (2003). In Harris, the court required more findings in part because the district court had not addressed the standard either for ineffective assistance claims or for newly discovered evidence claims, which were both at issue in Harris. Only the standard for ineffective assistance claims is at issue here.
The district court in Moll's case correctly stated the standard for an ineffective assistance of counsel claim. Its journal entry noted that Moll must show (1) "That counsel's performance fell below the standard of reasonableness" and (2) "That there was a reasonable probability that but for counsel's errors, the defendant would not have entered the plea and would have insisted on going to trial." The district court cited State v. Muriithi, 273 Kan. 952, Syl. ¶ 1, 46 P.3d 1145 (2002), and the two-part test found in Muriithi remains good law. See Jones v. State, 2008 WL 2186354, at *2 (Kan. App. 2008) (unpublished opinion) (citing Muriithi). The district court also cited these rules for judging the performance of an attorney:
After setting out these factual matters and the appropriate legal standards, the district court then announced its conclusions:
"Clearly, trial counsel's advice in this case fell short and was outside the parameters contemplated by both the State and Federal safeguards. This failure to provide competent legal advice rendered defendant Moll's plea involuntary.
". . . Trial counsel's representation of Mr. Moll fell below the objective standard of reasonableness, and his deficient performance prejudiced Mr. Moll, violating Strickland v. Washington, 466 U.S. 668, [80 L. Ed. 2d 674, 104 S. Ct. 2052] (1984)."
So what has the district court told us in the journal entry? First, the judge didn't consider this a close case. He began his conclusion, "Clearly, trial counsel's advice in this case fell short . . . ." Second, the attorney's advice was short of both state and federal standards: the state standards of competence (Rule 1.1) and the need for an "intelligent choice among alternative courses of action" (Jones, 297 Kan. at 625) as well as the federal standards about whether counsel's advice regarding the plea was within the range of competence demanded of attorneys (Hill, 474 U.S. at 56). The court found that the Saville's representation clearly fell below those standards. Third, the attorney's "deficient performance prejudiced Mr. Moll."
But did the district court tell us exactly how that deficient performance prejudiced Moll? I would certainly think so. The court said that the attorney's performance prejudiced Moll, violating Strickland. Strickland sets out the same two-part test found in Muriithi, except that the claim of inadequate representation in Strickland takes place at trial but takes place in entering a plea in Moll's case. The district judge had already cited the prejudice test (the second part of the two-part test in Muriithi and in Strickland) as it applies to the entry of a plea: the defendant must show a reasonable probability that, but for counsel's errors, the defendant would not have entered the plea and would have insisted on going to trial. The court already told us in its factual findings that Moll said he wouldn't have entered the plea had he gotten the sort of advice his experts said he should have received. It seems clear to me that the district court believed Moll on that point--at least enough to find the required "reasonable probability" that Moll wouldn't have entered the plea had he gotten adequate representation.
The majority contends that the court's journal entry only summarizes the evidence without making any factual findings. That seems an unreasonable view when the district court indicated that a major issue in the case wasn't a close one and ruled for the defendant after both reciting evidence and stating the correct legal standards. Let's take some examples regarding the factual matters found in the district court's journal entry. The court actually said: "Mr. Saville conceded that . . . he hired no investigator or expert." While it could have said more definitively that "Saville hired no investigator or expert," nothing in the district court's phrasing of that fact should leave any doubt about whether it's true.
Perhaps a more difficult case is presented by the district court's handling of whether Moll would have entered into the plea had he received adequate representation. It's true that the district court only recited his testimony in the factual section of its journal entry: "[Moll] testified that he would never have entered into a plea without the benefit of any State concession had he known the full ramification of such action." But by later correctly stating the legal standards and ruling for Moll, the district court implicitly indicated that it accepted Moll's testimony on this point.
We really don't have to read that far between the lines to figure out what the district court ruled here. In Harris, Justice Beier, then a member of our court, said that the panel had "thoroughly reviewed the hearing transcript and record to ascertain whether we can characterize the district judge's specific findings and conclusions as implied by its oral statement at the hearing." 31 Kan. App. 2d at 239-40. Thus, the district court's findings may be implied by its other statements. Justice Beier referred to other oral statements, but the district judge here has implicitly found that Moll wouldn't have entered the plea had he received appropriate legal representation. The court did so by correctly stating the legal standard and then ruling for Moll. That ruling necessarily implies that the district court gave enough credibility to Moll's testimony to make that ruling.
If we go beyond the text of the district court's journal entry, we can quickly find comments from the district court and evidence that strengthens these conclusions:
Justice Beier emphasized that for inadequate findings, "remand is an inefficient remedy for this recurring problem." The court thoroughly reviewed the record for any implied findings before remanding for additional ones because of that inefficiency. Harris, 31 Kan. App. 2d at 239-40. Her point is well-taken here. The district court set aside Moll's plea and granted a trial in its order on June 1, 2007. Notwithstanding the ruling of the majority, I am at a loss to understand the purpose of this appeal. The evidence here strongly supported Moll's claim. Two respected criminal-defense attorneys testified that Saville hadn't done an adequate job. After reviewing the district's journal entry and the record, I cannot envision any possible scenario in which the district court on remand would be unable to provide even more detailed findings that would fully support its ruling. I see no reason to go through that exercise. The district court has already said enough.


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Kinetik, an award winning innovation, is the industry's first truly frameless sliding shower door.
Engineered with advanced German technology, Kinetik is a luxury shower door designed to add the finishing touch to the modern bathroom.
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subset: commoncrawl


text: Hallelujah, I Love Her So song "Hallelujah I Love Her So" Single by Ray Charles from the album Ray Charles (or, Hallelujah I Love Her So) A-side "Hallelujah I Love Her So" B-side "What Would I Do Without You" Released 1956 Format 7" 45rpm Recorded 1956 Genre Rhythm and blues Length 2:35 Label Atlantic Writer(s) Ray Charles Producer Jerry Wexler Ray Charles singles chronology "A Fool for You" (1955) "Hallelujah I Love Her So" (1956) "Mary Ann" (1956) "Hallelujah I Love Her So" is a rhythm and blues single written by and released by American singer Ray Charles in 1956 on the Atlantic label. It would later appear on Ray Charles' self-titles 1st LP for Atlantic Records in 1957. The song peaked at number five on the Billboard R&B chart and much like "I Got a Woman" and "This Little Girl of Mine" before it was a song based on a gospel hymn with lyrics changed around to fit a secular blues format. These songs predated the groundbreaking success Charles had near the end of the fifties with "What'd I Say" but they helped contribute to Charles' huge success with the R&B community at the time. "Hallelujah I Love Her So" is a testament to the joyous release of love, featuring a sophisticated horn arrangement, and memorable tenor sax solo (by Don Wilkerson). Stevie Wonder, Peggy Lee, Eddie Cochran and later, Humble Pie would successfully cover the song. Please note the text from Wikipedia is imported without editing or authentication. Hallelujah, I Love Her So (Anthology 1)


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Podsurftv necesitaba un nuevo diseño de página web y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 44 diseños de 12 diseñadores freelance.
Podsurf.tv : Action Sport Video Channel
Podsurf.tv is the world's most downloaded action sport video podcast. We have achieved this by having the coolest and best quality surf video content in the world.
We are now looking to extend this and develop a website that will focus on high quality / professional online video. The site will play professional quality videos produced by us and also high quality user generated video's that they will be able to upload to the website.
It's important for us to portray that this is a high quality video action sport website and secondly a professional video website that looks unique. Therefore In the design we 100% don't want to see Hawaiian or grunge elements. But rather an extremely professional, modern, cutting edge, high quality site that speaks the best surf/ action sport video on the net.
Width of site needs to be 1000 wide.
Professionally action sport film makers
Avid action sport film makers
Predominately Male youth aged 13 -30
Please read attached brief. Sections it covers includes overview, site features, objectives, design and sites we like.
Width of site needs to be 1000 wide.
What we have provided in this document is just a guideline and we prefer if the designer uses his / her own creative flare to the project. Basically we would like the designer to GET Creative.
We are seeking designers to design 3 main pages. We have included wire frames for each page as an outline ONLY. You are not tied to these wire frame layouts and if you think your creativity can come up with a better layout solution then go for it.
We have also included an image folder for you which has images for thumbnails, our partners logo's, podsurf's logo and a competition sponsor logo.
The 3 pages to design are:-
• Home Page
• Competition Page
• Video Page
Attached is some images including:
• Thumbnail / feature box images
• Podsurftv Logo
• Partner Logo's
• Competition sponsor logo.


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Little is a dynamic, growing, international multi-disciplinary design firm, dedicated to the belief that the best design solutions come from the creative collaboration of people from all fields of design. Our Vision is to become known for and sought after for breakthrough ideas that improve the performance of our clients and create a better future for people. We are seeking a Senior Structural Engineer with a positive, collaborative work style for our Structural Engineering Studio in our Orlando, FL office.
Little is made up of Architects, Structural, Mechanical, and Electrical Engineers, Land Planners, Landscape Architects & Civil Engineers, Interior Designers, Graphic Designers, CAFM & Strategic Planners and Digital Imaging and Animation specialists. We have offices in Newport Beach CA, Charlotte NC, Durham NC, Orlando FL, Washington DC.
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Candidates will have some or all of the following qualifications:
Our culture is energetic, collaborative and open. We value people who have a positive impact on those around them. We are proud to offer outstanding benefits, compensation, and growth opportunities.
To be considered for this opportunity, please submit a cover letter, resume, and examples of your professional design work to https://recruiting.ultipro.com/LIT1004LDAC/JobBoard/30702fd2-636e-4886-b1ce-4fc3b07e37ec/Opportunity/OpportunityDetail?opportunityId=20588098-b378-4c38-9107-2c16be343e83&sourceId=8c38e86c-d2ce-4499-a9fb-1c40af8295ea.
To learn more about Little, please visit us at www.littleonline.com or check out our blog at: www.littlespeakeasy.com.
Little is an equal opportunity employer. In accordance with anti-discrimination law, Little prohibits discrimination and harassment of any type and affords equal employment opportunities to employees and applicants without regard to race, color, religion, sex, national origin, disability status, protected veteran status, or any other characteristic protected by law.


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ICSD News
May 2019
ICSD now contains 210,229 crystal structures
May 2019
ICSD web version 4.2.0 released
December 2018
ICSD now contains 203,830 crystal structures
Featured article
Analysis of spinel compounds in ICSD
ICSD enables scientists to search for text in titles in combination with chemical compound information, e.g., compound classes which cannot be described through specific compound information such as the molecular formula. An interesting example for such a compound class is provided by the spinel compounds.
This website uses cookies. Matomo is used for the usage analysis. By continuing to use the website, you agree to this. If you object to the usage analysis or would like to learn more about cookies, please click on the privacy policy. Close
Why use ICSD?
Indispensable tool for materials science
Reliable crystal structure data of high quality play an important part in optimizing the development of new materials which foster innovation in various areas. Crystallographic data can serve to explain and predict material properties. Therefore, material testing laboratories and researchers at universities and research institutions are dependent on evaluated crystal structure data. The huge amount of valuable information stored in crystal structure databases helps researchers in many ways, for example to provide input for a Rietveld refinement or data-mining parameters for structure prediction or optimization procedures.
Highly specialized functionalities
Because of highly specialized requests nowadays many tailor-made products are available. A lot of special databases cover particular interests like zeolite structures or mineral structures, but for general purposes overall collections of data are required. Crystal structure databases like ICSD contain much more information than just the obvious unit cells and atomic coordinates. For example, ICSD can be used to find similar structures by comparing certain features, like the space group or the ANX formula, that define different structure types.
High quality data
The ICSD data are of excellent quality. Only data which have passed thorough quality checks are included. Thousands of new structures are added each year, and the existing structures are regularly revised, corrected, and updated.
ICSD is an indispensable source of information for chemists, physicists, crystallographers, mineralogists and geologists teaching or doing research in the field of crystallography.


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The Four Seasons of Maui
An island which has been voted by Conde Naste readers as the best island in the world an unprecedented 17 times, it's no secret that Maui is one of the world's foremost vacation destinations.
Despite the island's popularity, however, there is one reason which constantly seems to pop up amongst visitors as to why Maui will always be a vacation destination instead of a permanent home:
"I absolutely love it here, but I just don't think I could live without seasons."
To be clear, just because children in Maui grow up learning that Santa Claus arrives in an outrigger canoe doesn't mean that Maui doesn't have four distinct seasons. I'll repeat it again. Maui does have four seasons, and I'm not just talking about the hotel. Entirely noticeable, the only difference is that the four seasons of Maui are just a little different than those back on the Mainland.
Confused? Let's compare.
Spring on the Mainland: Wildflowers and the first summer heat wave
Spring on Maui: Mangoes, Jacaranda, and the first south swell
Any Maui resident with a tin roof knows when mango season has suddenly arrived. It literally announces itself with a thud. Traditionally viewed as an indicator of summer, the first of Maui's mangoes actually begin dropping to the ground sometime around early-April. By the time June rolls around the streets around Lahaina town are usually awash in squashed mango residue and every roadside stall from Kapalua to Kihei has a cardboard sign advertising fresh mangoes for sale.
Meanwhile, in the Upcountry areas of Makawao and Kula, the jacaranda trees during springtime begin to blossom with brilliant purple flowers and cover Haleakala highway in a blanket of violet. There are few things as relaxing as an early morning drive Upcountry when the sunlight hits the green of the pastures and the airy, purple flowers drift gently to the ground.
Finally, April or May is usually the time when the first waves begin to appear on the south shores of the island from Makena to Lahaina. Generated by hurricane-strength storms spinning east of New Zealand, the first of the Southern Hemisphere's autumn storms create the waves which will become Maui's first springtime waves.
Summer on the Mainland: BBQ, Beach, Long Days, Tubing on the lake
Summer On Maui: BBQ, Beach, Long(er) Days, Parasailing, Windsurfing
While Maui residents are known to hit the beach and BBQ during all seasons of the year, the arrival of the south swells seem to pack the roadside beach parks more than usual with informal gatherings awash in 12-packs, island tunes, and waxed up longboards. Although the days in Maui don't fluctuate more than 1 ½ hours given its proximity to the equator, that extra hour is still enough to squeeze in a few more beers and a few more waves before the sun goes down.
Summer in Maui isn't just seen onshore, however, as there's also a marked difference as to what's going on out in the water. On the west side of the island the most notable difference is the re-emergence of parasailing boats operating off of Lahaina and Kaanapali. Outlawed for five months of the year due to the arrival of the humpback whales, by the very first light of May 15 parasail canopies can be seen zipping up and down the coast in a circular whirlwind which will seemingly continue unabated until their legislatively-mandated departure on December 15.
Meanwhile, on the north shore of the island off of Paia and Kanaha Beach Park, the summer months bring a consistency in the northeasterly tradewinds which turn Maui into one of the premier windsurfing destinations on the entire planet. While the big wave windsurfing takes place during the winter months at nearby Ho'okipa Beach Park, windsurfers during the Maui summer can conceivably windsurf every day from May through October with little worry that the wind will fail to materialize during the warm afternoon hours.
Fall on the Mainland: College football and autumn leaves
Fall on Maui: College football and the first north swell at Honolua Bay
What? Just because we're the most isolated archipelago in the world doesn't mean we can't follow college football. While the football action on the Mainland is still entertaining, the entire island instead rallies behind the University of Hawaii Rainbow Warriors who provide the closest thing to professional sports that the state will most likely ever have.
College athletics aside, what really ushers in fall is the arrival of the first north swell at Honolua Bay, an iconic right-point break which ranks as one of the top waves on the planet. When the first cold front of winter comes through sometime during October, the 10-15 ft. waves which arrive at Honolua are the result of the same cold front which will eventually drop snow on the Rockies and bring frost to the middle and eastern portions of the nation. In the same way that the first frost or dump of autumn leaves reminds you of what's around the corner, surfers across the island see the first indicator of winter on the horizon and start waxing up their boards and strengthening their paddling muscles for the winter to come.
Winter on the Mainland: Snow and Skiing
Winter on Maui: Whale Watching and Tow-Surfing
Even though the first humpback whale of the season is usually spotted sometime during mid-October, whale season in Maui officially kicks off on December 15 and runs all the way until May 15. Despite the apparent length of this five-month long season, the peak months of prime whale watching season are the final two weeks of January through the end of March. During these ten weeks not only do hordes of whale watching boats shuttle a slew of visitors into the shallow waters of the Au'au Channel for a chance at glimpsing the protected species up close, but roadsides are also clogged with tourists and locals alike who pull over to get a glimpse of a mother and calf frolicking in the nearshore waters.
Meanwhile, over on the north shore, each winter the world's best watermen flock to Maui for the chance to whip in to some of the largest waves on the planet at the big-wave, tow-surfing spot popularly known as "Jaws". Even though there are only a handful of individuals on the island who are physically capable of undertaking such an extreme challenge, when a large north swell is looming on the horizon a buzz goes out throughout the island as to whether or not "Jaws" will be breaking. When it is, a crowd numbering in the hundreds can usually be found standing on top of a cliff in the middle of a pineapple field watching in awe as teams of professional surfers navigate the fury of the ocean.
With whales and waves dominating the winter in Hawaii, it's only a matter of time before that first mango drops on your tin roof and you find yourself racing through the four seasons of Maui all over again.
Kyle Ellison is a freelance writer based in Maui, Hawaii who frequently finds himself in obscure international destinations. Over the course of traveling through 60 different countries, he has taken part in everything from climbing mountains in Borneo to eating clams while scuba diving in an underwater Vietnamese cave. Despite his penchant for novelty and adventure, the beautiful island of Maui will always be the corner of the world where he calls home. All of Kyle's writing and adventures can be found by visiting his website, kylethevagabond.com. Kyle is also an ambassador and contributor to VacationRoost.
Check out VacationRoost's Hawaii Lodging options to plan your next trip.


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Object #1009806 from MS-Papers-0032-0048
4 pages written 26 Jan 1870 by John Davies Ormond in Napier City to Wellington
From: Minister of Colonial Defence - East Coast hostilities, Reference Number MS-Papers-0032-0048 (47 digitised items). Includes correspondence between iwi advising each other of their planned intentions and strategies for dealing with warring iwi and from Lucy Grey regarding events in Taranaki
Download alow-resolution PDF or high-resolution PDF
Part of:
Minister of Colonial Defence - East Coast hostilities, Reference Number MS-Papers-0032-0048 (47 digitised items)
Series 7 Official papers, Reference Number Series 7 Official papers (3737 digitised items)
McLean Papers, Reference Number MS-Group-1551 (30238 digitised items)
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That is a frozen piece of pizza, on the ground, covered in snow. I found it in the parking lot this morning as I was leaving school. I posted an Instagram of it.
At the outset of the new year, I set some social media goals for myself. Things like learning to better leverage Twitter as a networking tool, expanding my presence and my brand online, and trying to take more Instagram photos. I hoped to achieve that last one by taking at least one Instagram photo each day for the entire year. For the first few weeks, I did quite well. I started taking photos of everything, some days posting more than one. On occasion, more than five.


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SAN FRANCISCO (AP) — While California found ways to keep open most of the state parks earmarked for closure due to budget cuts, the long-term future of its 279-park system remains murky as most of the solutions are short-term fixes.
SAN FRANCISCO (AP) — While California found ways to keep open most of the state parks earmarked for closure due to budget cuts, the long-term future of its 279-park system remains murky as most of the solutions are short-term fixes.
With a busy Fourth of July week looming, California parks officials announced Thursday that 65 of the 70 state parks once slated to close Sunday would remain open.
The reprieve came after the governor signed a bill allocating new funds for the beleaguered parks system for the next year, and the state said it had reached agreements with nonprofits, local governments and others regarding 40 of the parks that will keep them open at least for a few years. Deals with other groups were in the works for 25 more, which will stay open in coming weeks as the agreements are finalized, the California Department of Parks and Recreation said.
But some park advocates saw Gov. Jerry Brown's allocation of $10 million in new funds — rather than the $41 million approved by the Legislature — as a stop-gap measure that does little to ensure the parks' long-term future.
"I think it's a lost opportunity to take action to reclaim our parks before it's too late. I worry that once they're lost, they may be lost forever," said Sen. Joe Simitian, D-Palo Alto, who co-authored the plan largely vetoed by the governor. "It's very hard to reclaim a resource like this once you've let it go."
Parks advocates believe a more permanent solution will lie in better public funding for the parks, not the deals with private operators the state is currently pursuing.
However, previous attempts to secure long-term public funding through the ballot box have failed. California voters in November 2010 rejected Proposition 21, an $18 registration fee for vehicles that would have raised an estimated $500 million for state parks.
"In most cases states trying to outsource management of state parks is a stopgap measure," said Phil McKnelly, executive director of the National Association of State Park Directors. "One way or the other, if those parks are to be maintained, someone will have to find a way to get public financing."
After being asked to cut $22 million from the parks budget, the state issued a list of 70 parks — nearly a quarter of its entire system — that it intended to close. The cuts came as California struggles to bridge a $15.7 billion deficit.
Ruth Coleman, director of the state parks system, said the parks financial crisis has been difficult, but she was buoyed by the response from people who are passionate about the sites.
"We have re-energized the people who love parks, and they are stepping up and contributing to parks in all sorts of ways," Coleman said during a conference call with reporters.
Thursday's announcement came after Brown partially vetoed the state parks funding bill.
"I cannot fully support this action because proposed funding either takes from other important purposes or may violate the state's agreement with the federal government regarding the State Water Pollution Control Revolving Fund," the governor wrote in his veto, referring to a pot of federal money the bill had sought to access for the parks.
Officials say the new funds will buy time to finalize the deals in the works for 25 of the once-doomed parks and help as partners are sought for the five that currently lack prospects.
Though the state still planned to close five parks on Sunday — Benicia State Recreation Area, the California Mining and Mineral Museum, Gray Whale Cove State Beach, Providence Mountains State Recreation Area and Zmudowski State Beach — some of the five sites will be accessible despite the official "closure."
Coleman said people will still be able to walk the sands of Gray Whale Cove beach in San Mateo County or Zmudowski beach in Monterey County, but services such as trash collection would be stopped. The mineral museum in Mariposa County is still scheduled to shut down, and the Providence Mountains area has already been shuttered.
The budget also gives the parks department $13 million in bond funds that can be used for projects meant to increase revenue at the parks to help make more money for the state.
Coleman said the money will fund better fee machines that take credit and debit cards. The state also is looking at making more cabins or alternative camping sites available.
The operating agreements allow the state to keep parks open, while transferring operating costs to private and public partners, at least for the short term, parks officials said.
"We're grateful for the Legislature's help," said John Laird, California's secretary for natural resources. "It will give us a path to keep most, if not all, of the parks open."


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It wouldn't have taken the All Blacks long after arriving in London to be reminded, if indeed they had ever forgotten, that this is one of the cities in the world where losing is a non-negotiable.
Old world icons are everywhere, the empire is certainly not forgotten and the sense of ownership and entitlement is hard to escape. Twickenham has always, perhaps a little pompously, been the self-appointed home of the game: rugby's version of the Vatican and defeats there carry a peculiarly acute pain.
The All Blacks never forgave themselves for losing 15-9 in 1993. The draw in 1997 felt like a defeat such was the furore from the home side and, even now there are Kiwis everywhere who can't make peace with the fact that Ben Blair didn't actually score in the closing minutes to confine the All Blacks to another loss.
There are few worse feelings for All Blacks than trudging off the hallowed turf, the stadium a sea of white and raucous singing of Swing Low driving into the soul.
"Always," was Piri Weepu's emphatic answer when asked if England are a team the All Blacks still love to beat. "I guess it is just like the New Zealand/Aussie rivalry. We will definitely be going full on this week and making sure we get our preparation right.
"There is always talk about the history between the two countries and obviously we have got a Kiwi boy who is with the squad [Thomas Waldrom]. I guess, with the new fellas, we can touch upon what the history has been like. I am pretty sure for the last game of the tour there won't be much motivation needed."
That natural mental stimulus will be handy as physically the All Blacks admitted that they had little left in the tank for the final 10 minutes in Cardiff. England have the capacity to test them for the full 80 so it will be a game where they need to dig deep and tap into the powerful motivation force that the fear of losing can sometimes bring.
Just as important will be retaining the discipline and ensuring that the All Blacks don't enhance their reputation in Europe as a side that is willing to indulge in off the ball nonsense.
Adam Thomson was cited in Edinburgh and Andrew Hore was this morning cited for his swinging arm in Cardiff.
Hansen knows his side are perceived in a poor light and he knows they can't afford a third judicial experience.
"That is what happens every time we come up here. I think they think we are thugs or something but we don't play differently to anyone else.
"I think we have shown plenty of times over the last 12 months that we are a disciplined side. If you look at the incidents that have surrounded Richie we have not jumped in and made it a big scene.
"We pride ourselves on playing good rugby and yes we are physical and we don't take any backward steps - and we don't expect our opposition to do that either - but we don't go out there to do things [foul play] intentionally."


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Jock / AthleteVideos
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Gay Tube has the best the Internet has to offer in hardcore porn videos featuring super-hot amateur jocks. We take you into locker rooms across the world full of stacked, well hung jocks dying to fuck. Click through and get off to a meaty university swim team threesome in a pool, shower and a Jacuzzi. These sexy hunks start goofing off in the pool after practice and all the fun gives them a collective massive boner. They then take their engorged cocks to the showers for some soaping down and massage action. Things get really X-rated when the team moves to the hot tub and double penetrates the newbie team member. These studly, muscular, tanned hunks get down and dirty fucking their middleman from both ends like a pig on a spit. He takes that big cock hard in the ass while simultaneously deep throating the third hunk. We love multi-talented jock sex addicts at Gaytube. Squeeze your dick so hard it'll hurt so good!


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Verifying a Report Run
To view information about the status of report processing, you can use log files or refer to status information that is displayed with the report in Report Manager.
Sources of Report Execution Data
The report execution logs provide comprehensive information about report execution, including the name of the report, the name of the user who ran the report, report execution time, and the delivery extension used to distribute the report. To view and analyze this data, you can copy the report execution log into database tables that are easy to query and report on.
Log files contain many entries about report execution and other server activity. Because log files contain so much data, you may want to use Report Manager if you only want to verify when the report last ran. If you require additional information, you must view the log files.
Report Manager does not show the processing times of reports that run on demand.
The following table describes how to view the processing date and time for various types of reports.
For this type of report
Date and time information is located here
To view the information, do the following
A report that runs as a report snapshot.
On the Contents page. For more information, see Contents Page (Report Manager).
A snapshot in report history.
On the History Properties page. For more information, see History Properties Page (Report Manager).
A cached report.
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WESTPORT, Conn. — Westport's Great Cakes bake shop will sell its last cupcakes and other sweets this Sunday, owner Rick Dickinson said Thursday — exactly one year after the community stepped up and saved the bakery from going out of business.
But this time around, Dickinson said, there's no bringing the business back.
"It's definite," he said. "It's been a great 25 years, but people are eating less and less sweet goods, and it's harder to make a living now. It's time to move on. The business ran its course."
On the morning of Jan. 30, 2013, news broke that Great Cakes was slated to go out of business the next day. Almost immediately, the community took action. Throughout the day, hundreds of customers visited the bakery to stock up on cupcakes, cookies, breads and of course, cakes.
Others stopped by to drop off donations, and many more showed up and opened prepaid accounts.
"It was unbelievable," Dickinson said. "It got me over the hump, but the support didn't continue."
Business remained strong throughout spring but slowed once summer arrived, as he said it usually does. However, business failed to pick up again in the fall— and the school district's "cupcake ban" may be partially to blame, he said.
The ban, which went into effect during the 2012-13 school year, prohibits students from bringing cupcakes and other sweet treats for in-school birthday celebrations. Last year, Dickinson told the Daily Voice the cupcake ban resulted in a 15 percent drop in business.
"The cupcake ban hurt me a lot, but it's not the school board's job to keep me in business," he said Thursday.
The decision to close the shop, Dickinson said, wasn't easy. Over the years, he said he has built close relationships with many loyal customers.
"I have very fond memories of our customers, which is why it's going to be sad to leave," he said. "I've made many first birthday cakes for kids I've also made high school and college cakes for. It makes you feel like you're part of their family and that they are part of your family, and that's what I'm going to miss most."
Dickinson said his assistant, Bonnie, who has worked at the bakery with him for 24 years, is equally heartbroken.
Great Cakes will close at 1 p.m. Sunday. Dickinson asks customers to stop in before then to say goodbye.
"That's all we want," he said.
Click here to sign up for Daily Voice's free daily emails and news alerts.


text:
Specification of 20L 480W Ultrasonic Cleaner with Mechanical Timer and Heater
|Tank capacity
|Tank size(mm)
|Machine size(mm)
|Timer, Heating
|Stainless steel basket
|Unit weight
Please tell us which voltage you need when you place the order
Ultrasonic Cleaner with Mechanical Timer Video
Mechanical Ultrasonic Cleaner Description
- The whole ultrasonic cleaner machine is all stainless steel structure, aesthetic and practical.
- Using high quality ultrasonic transducer. strong power.
- High quality of the bonding process. Stick the ultrasonic transducer using the epoxy glue.
- The time and heating can be adjusted as required.
Ultrasonic Cleaner Application
- Machinery Industry: rustproof oil removal; Measuring tool cleaning; Mechanical parts ,engine, carburetor and automobile parts of cleaning;
- Surface treatment Industry: before plating oil removal of rust removal; Ion plating former cleaning; Phosphorus treatment; Remove carbon; Remove oxide skin; Remove polishing compound; The metal surface of workpiece activation treatment, etc.
- Instruments Industry: precision parts high cleanness-degree cleaning before assembly.
- Electronic Industry: printed circuit board except rosin, welding spot; High pressure contacts, and other machinery and electronic components of the cleaning, etc.
- Medical Industry:medical equipment in the cleaning and disinfection, sterilization, the vessels of the experiment cleaning, etc.
- Semiconductor Industry:semiconductor wafer high cleanness-degree cleaning.
- Clocks jewelry Industry: remove oil, dirt, oxidation layer, polishing compound, etc.
- Chemical, Biological Industry: The vessels of the experiment cleaning.
- Optical industry: optical device oil removal, in addition to sweat, qing ash, etc.
- Textile dyeing and printing Industry: cleaning textile spindle, the spinneret, etc.
- Oil chemical Industry: metal mesh cleaning dredge, chemical containers, switch cleaning, etc.
We accept paypal,T/T & Western Union now.
Goods will be shipped within 48 hours after receiving the full payment.
- We ship the goods to the address which is given in PayPal payment. Please make sure that address in PayPal is correct.
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- If you have any questions, please kindly contact us by email(our email address is firstname.lastname@example.com)
Product Warranty
Product guarantee period is one year, Within the period of warranty, purchased products can enjoy free maintenance or exchanging.


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Fantasia 1st Interview After Suicide Attempt: Admits She Really Tried To End Her Life! "I Just Wanted To Be Away From The Noise"
On Good Morning America.
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Bristol man killed in cement truck crash in Hancock

 HANCOCK — A Bristol man riding in a cement truck was killed when the truck overturned on Route 125 in Hancock Wednesday afternoon. The driver was seriously injured.

 Vermont State Police reported that Jason Barton, 35, of Winooski was driving a cement mixer truck eastbound on Route 125 around 1:20 p.m. on Sept. 25, with 45-year-old Michael Thompson of Bristol as a passenger. The mixer was loaded with concrete on the way to a job site.

 Coming down a long downhill section of the road, Barton apparently lost control of the vehicle while taking a curve in the roadway, and the truck overturned and went off the roadway. It knocked down several trees before coming to rest partially back on the roadway. The trooper described the road as dry and the weather as partly sunny.

 State police and the Hancock Fire Department were dispatched to the site of the crash. They said Thompson died at the scene from injuries he sustained in the crash. Barton was air lifted to Dartmouth Hitchcock Medical Center in Lebanon, N.H., with serious injuries, the nature of which were not immediately available.

 Police reported that neither Thompson nor Barton were wearing seat belts.

 The 1992 Mack truck sustained extensive damage making it a total loss.

 Route 125 was closed for approximately seven and a half hours while the crash was investigated by the Department of Motor Vehicles Commercial Vehicle Inspectors, the wreckage was removed, and the roadway was cleaned up.

 This crash remains under investigation.


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Patients are at the heart of our mission and your support helps these programs become a reality.
Quick Info
How It Works
If you did not gain entry through other means, you may still be able to participate! Team 'A Breath Away' has a limited number of entries available. The fundraising commitment for this event is $2500 depending on on which race distance you select. Secure your spot today by submitting a request to join our team below!
Runners who have already gained entry to the race can also be part of Team 'A Breath Away'. You'll still receive all of the items listed under "What You'll Receive" except for the Guaranteed Race Entry. If you gained entry through the lottery, there is no fundraising requirement, but every dollar counts! So please help us raise awareness and much-needed funds for the fight against lung cancer and enjoy fundraising incentives, pre and post race activities, and the unrivaled support of our staff along the way. Get started by filling out the form below and please mention in the comments that you have already gained entry to the event through the lottery.
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text:
Always looking for tennis partners to hit with.
Schedule is flexible
Thank you
Views: 383
Replies to This Discussion
Where are you located
Call me this week sometime and lets set something up
let me know when you can hit this week
Hey, I been kinda busy, but i can usually play any weeknight after 6. I have some courts with lights in my complex, but also am willing to travel. I am off okeechobee and military. Let me know what is convenient for you and lets try to get together. My number is 443 235 9864. Gimme a call sometime. Leave a message. Let me know what is good for you.
thanks Konan
Nicolas let me know when you are free to hit
What days and times and where are you located
thanks buddy
Hi Edward,
Im available to play this afternoon, 4-5 PM or tomorrow (8-9 AM) pls. send message/txt/ 561.317.2333 if interested
Hey Edward, can yuou play today?
Hi Edward,
I'm from Boston, MA but I vacation in Singer Island, FLA. I'll be down that way the week from March 17-23. Let me know if you're looking for a solid 4.0 hitting partner. I'm mostly into rallying/fitness. I have an all court game, 1hbh, and string my own racquets. I play with Wilson K90's.
Let me know,
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text:
I'm overwhelmed. Not with a hectic schedule or long to-do list, but with recipes.
I made the mistake of buying three food magazines last week and reading them all in one weekend. I also spent an afternoon at the library and left with a big stack of cookbooks wobbling in my arms. To top it off, I decided my office was past due for a good dusting, which led me to my bookshelves. Which led me to my cookbook collection. Which led me to drooling over the recipes I'd long forgotten were even there.
So I now find myself up to my eyeballs in recipes and feeling quite overwhelmed by them all. But you know what they say: how do you eat an elephant? One bite at a time. So that's what I intend on doing. Taking each recipe one at a time and gradually checking them off my list. Before I know it, I'll have made a good dent in them and can then move on to another stack of cookbooks that I'm sure I'll have collected by then.
Today's recipe was inspired by one in the January 2010 issue of Bon Appetit. The original recipe for a Pork Meatball Banh Mi (a French-Vietnamese sandwich) did not, at first glance, look like something I would make. I don't eat pork, I rarely eat sandwiches (the whole gluten-free thing doesn't groove with sandwiches very well), and I'm not big on super spicy flavors (this recipe packs a double punch with spice: sriracha hot sauce and jalapeno pepper strips). The recipe also calls for Asian fish sauce, a potential source of gluten and MSG, and quite a bit of sugar as far as savory recipes go.
The overall concept of the banh mi was actually pretty healthy, though: protein topped with tangy veggies.
Instead of pork meatballs, I opted for turkey burgers. I combined the lean ground meat with fresh parsley, garlic, and ginger to add that Asian flavor while keeping the burgers moist. For the vegetables, I chose to do mix of grated carrots, scallions, and cucumbers. Instead of marinating them in sugar and rice vinegar (another potential source of gluten), I whisked together some honey and red wine vinegar along with a pinch of salt on the stovetop until it was boiling. Pouring this hot dressing down over the vegetables and letting it sit while you're making the burgers helps them to soften up just a tad and absorb that sweet-tart flavor quickly.
All that was left was assembly: start with a bed of lettuce, add the spiced up burger, and spoon the quick-pickled veggies on top. What I ended up with was a pretty big deviation from a banh mi that offered unique Eastern flavors in a healthier but still indulgent way.
So. One recipe down. Dozens more to go. Stay tuned.
Vietnamese-Style Turkey Burgers with Quick Pickled Vegetables – Serves 4
For the vegetables:
1/2 cup red wine vinegar
2 tbs. honey
1/2 tsp. salt
1 cup shredded carrots
1 cup seedless cucumber, cut into matchsticks
1/2 cup scallions (whites and greens parts), thinly sliced on an angle
For the burgers:
1 lb. ground turkey (turkey breast, thigh, or a combination will work)
4 cloves garlic, minced or finely grated
2 tbs. fresh ginger root, grated
1/2 tsp. salt
1 tsp. ground coriander
1/4 cup parsley, finely chopped
Romaine or Bibb lettuce, for serving
Make the pickled vegetables: in a small pot bring the vinegar, honey, and salt to a boil. While that's coming to a boil, combine the carrots, cucumber, and scallions in a heat-safe bowl. Pour the hot vinegar mixture over the vegetables and toss to coat. Allow to marinate at room temperature while you proceed with the recipe.
Make the burgers: combine turkey, garlic, ginger, salt, coriander, and parsley in a mixing bowl and use your hands to mix it all up. Form the mixture into four patties of equal size about 1/2 inch thick. Cook in a skillet or grill pan (with a splash of olive oil if the pan is not nonstick) until cooked through, about 4-5 minutes per side.
Arrange lettuce on plates. Top with burgers. Spoon some of the pickled vegetables on top of each burger and serve.
This post is linked to Slightly Indulgent Tuesday.


text: alexisc 42 Posted October 7, 2012 (edited) Hey Everyone, Decided to start a log because my skin is at it's worst since I was in middle school but I want to show you that with a healthy diet I can clear it up. I also want to use this log as a reminder to myself of what I've tried, what works and what dosen't. I get in the habit of trying to many things at once and bombarding my skin and body, which results in breakouts like the one I am suffering with today. Anyways, my history - Started to develop acne around age 12 and I am 23 now. At first it was just a few pustles on my chin, which migrated all around my mouth and to my forehead. I probobly had between 20 and 30 inflamed pustles at one time. At age 16 and after trying numerous things from the drugstore my Mom took me to my family doctor. He suggested antibiotics which my Mom was opposed to so he sent me to a dermatologist. After seeing my dermatologist she perscribed me Accutane, 40mg for 6 months. After the course of Accutane I was perfectly clear for a year and a half. Then the acne came back. Not as severe but there none the less. So she percribed Accutane again. And a few years later again. And again. And again. And again. And again. I have probobly been on Accutane close to 6 times. Granted I never took the full 6 month course at once. She would perscribe me 6 months, I would take it for three months wait for my acne to come back in half a year and then take the remaining pills. I may have been on Accutane more times than anyone on this site! I have been off Accutane for a year and a half now. This resulted in a severe phobia of acne on my part because I would go from perfectly clear skin to bad breakouts very fast. After all of my friends only seeing me with clear skin I am now just accepting that the face I had with Accutane was only there because I was silencing my body's natural processes and it wasn't real. That said I have cured my acne completely through diet numerous times and plan to do it again! I will be posting pictures just so you can see what a dramatic difference it can make. I have realized my food intolerances are: wheat and corn. I have done a test for celliac disease and it came back negative but if I eat wheat I get bags under my eyes, migraines, acne, etc. With corn I just get acne, plus most of it is genetically modified so it is good to avoid anyway. Modified corn starch and high fuctose corn syrup are in almost everything processed so in a way I am glad I can't eat those foods. I also do not drink alcohol - it resulted in horrible acne when I tried a few months ago and also because most alcohol has corn added into it. I do smoke weed on occasion but see nothing wrong with that as it is a natural herb. I am trying to heal my leaky gut and take oil of oregano and coconut oil as antifungals/antimicrobials. I also eat quite a lot of plain yogurt to try and introduce healthy flora into my body. I have been vegetarian for the past 10 years but plan on introducing a small amount of meat to my diet to see if it speeds the healing of my body. Here is a list of things I have tried for acne: What didn't work: Clean and Clear Neutrogena Phisoderm Proactive Ceptaphil Vichy Retin A Benzoyl Peroxide Sulphur Salicylic Acid Baking Soda Hydrogen Peroxide Lemon Juice Apple Cider Vinegar Body Shop products Tea Tree Oil Yogurt Mask Omega 3 Supplements (resulted in horrible cystic acne) Probiotic Supplements (worst breakout of my life) Vitamin B5 Supplements Vitamin A Supplements Perfect Skin Supplements Mandelic Acid What does work: Avoiding corn, wheat, alcohol and sugar Hazelnut oil topically Witchazel and rosewater toner Spectrojel Cleanser Vaseline on broken skin Juicing vegetables and fruits Diet high in natural foods Anti inflammatory herbs and spices Stress reduction, good sleeping habits Excersize, meditation Drinking plenty of water Vitamin D since I am deficient Epsom salt and sea salt baths/applied topically So there we go! If you have any questions or comments please leave them for me because I love to hear other peoples opinions. : ] Edited October 7, 2012 by alexisc Quote Share this post Link to post Share on other sites


text:
Rams Wrap Up Season at ECAC's
Saturday, November 8, 2008
Colt State Park - Bristol, Rhode Island
Weather - 58 degrees, cloudy, damp
Men - 8K Women - 6K
Bristol, R.I. - The men's and women's cross country team traveled to Rhode Island to compete in the ECAC Championships at Colt State Park on Saturday. 48 teams and 323 runners competed in the men's race, while 42 teams and 298 runners were in the women's race.
Farmingdale's men's team, with five of its seven runners freshmen, finished a very respectable 27th. For the women, Farmingdale State was competing as a team for the first time in school history and finished in 37th place.
Freshman Sean Daly (Lindenhurst, N.Y./Lindenhurst) led the men's team placing 87th (28:38) followed by freshmen Russell Darress (Lynbrook, N.Y./Lynbrook) 145th (29:38), Adam Sadler (South Hempstead, N.Y./Southside) 160th (29:50) and Sean Tiernan (Staten Island, N.Y./Tottenville) 173rd (30:06). Senior Brandon Gillis (Hudson, N.Y./Hudson) rounded out the top five finishing in 214th place (31:05).
Sophomore Kristyn Ruggiero (Commack, N.Y./Commack) led the women's team placing 116th in a 6K personal best of 26:48. Freshman Sarah Pope (North Babylon, N.Y./North Babylon) placed 190th with a time of 28:12.
Williams College won both the men's and women's races.
Individual Results
Sean Daly - 87th - 28:38
Russell Darress - 145th - 29:38
Adam Sadler - 160th - 29:50
Sean Tiernan - 173rd - 30:06
Brandon Gillis - 214th - 31:05
Ben Vassallo - 246th - 31:59
Tom DeCamillo - 258th - 32:19
Women's Individual Results
Kristyn Ruggiero - 116th - 26:48
Sarah Pope - 190th - 28:12
Teresa Cox - 252nd - 30:26
Jenna DeCordova - 264th - 31:36
Nicole Zarek - 281st - 33:21
For complete results visit the ECAC website at: http://ecacsports.com/sports/fall/mxc/Championships/DivisionIII/2008-09/2008_xc_results


text: List of all Bangladeshi private universities name address website mobile number and details Bangladesh is now growing with her some popular private and public universities. We have collected all information about 85+- Bangladeshi private universities. There are currently 85 private university in the Bangladesh. But some university may be not …Read More »


text:
Four years ago, the Pew Research Center's Religion and Public Life Project released the bombshell finding that millennials (born in 1980 and after) were the least religiously engaged generation in nearly 100 years.
The report said most millennials affirmed God's existence, life after death, and many other traditional beliefs. But young adults were significantly more disconnected from churches and other religious institutions than previous generations. About 1 in 4 millennials have no religious affiliation. By comparison, only 5 percent of the so-called "greatest generation," born before 1928, is unaffiliated. That 21-point gap is historic, experts say.
In her 2013 book, 'Til Faith Do Us Part, Naomi Schaefer Riley, a weekly columnist for the New York Post, explored how the rise of interfaith marriage benefits society, even while complicating the daily lives of such couples. Riley's latest book, Got Religion? How Churches, Mosques, and Synagogues Can Bring Young People Back (Templeton Press), reports on why young adult Muslims, Mormons, Jews, Catholics, black Protestants, and evangelicals are defecting from their faith traditions. Her hope is that faith leaders will realize their common problem and learn from each other in order to solve it. Riley spoke recently with Timothy C. Morgan, CT senior editor of global journalism.
Your book paints a complex picture of the spirituality of young adults. What perspective do faith leaders need to adopt to address millennials' spiritual needs?
Religious institutions add an enormous amount to our moral and civic life, but they are weakened by the trends: the lack of religious affiliation by millennials as well as their own financial struggles. But ...1


text:
Ultimate Mortal Kombat 3 Trivia (Arcade)
Published by
Developed by
Also For
Critic Score
100 point score based on reviews from various critics.
User Score
5 point score based on user ratings.
German indexOn August 31, 2000, Ultimate Mortal Kombat 3 was put on the infamous German index by the BPjS. For more information about what this means and to see a list of games sharing the same fate, take a look here: BPjS/BPjM indexed games.
Noob SaibotIn Mortal Kombat 3, due to the lack of traditional male ninjas in the game, the secret character Noob Saibot was a black palette swap of Kano, instead of being a palette swap of the ninjas as he was in Mortal Kombat II. In Ultimate Mortal Kombat 3, Noob was again brought back as a ninja palette swap. The Sega Saturn version, however, still contains the Kano Noob Saibot. This is because the Sega Saturn port of Ultimate Mortal Kombat 3 is actually a hacked version of Mortal Kombat 3 for the Playstation.
RainThe character Rain (playable in some ports of the game) is a purple ninja palette swap. The co-creator of the game, Ed Boon, is said to be a longtime fan of the artist Prince; Rain's name and appearance is a reference to Prince's song Purple Rain.
SNES versionIn order to include as much as possible for the SNES port of the game, the character Sheeva (who was created using stop motion animation) was dropped to make room.
- Electronic Gaming Monthly
- June 1996 (Issue 83) - Game of the Month (Saturn version)
Contributed by CaptainCanuck (1065) on Dec 27, 2004. [revised by : Alaka (60544)]. -- edit trivia