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Mother To Son Analysis Essays and Research Papers. ? Mother to Son Analysis Langston Hughes' moving poem Mother to Son empowers not . only the son , but also the reader with precious words of wisdom. Through the skillful use of literary devices such as informal language, symbolism, metaphors, repetition, as well as clever use of format, Hughes manages to assemble up the image of a mother lovingly, yet firmly, talking to her son about life. This poem is an advice from a mother to son about life that will be challenging and do not think about giving. Differences , Ezra Pound , Family 1570 Words | 5 Pages. Professor miller October 16, 2012 The poem “ Mother to Son ”, by Langston Hughes, is an research paper inspiring poem. It is the epitome of . what every parent should instill within their child and that is the success of thesis in theoretical physics our children.
Langston Hughes was born in 1902 and was a well-known poet during the paper clipart, Harlem Renaissance. His poems were not personalized but spoke for stress, all African Americans alike. In this poem there is significant meaning from a loving mother to her son through language, metaphors, imagery repetition. 1920s , African American , Harlem Renaissance 796 Words | 3 Pages. Mother to Son and the Coora Flower: a Poetry Analysis. Mother to Son and The Coora Flower: A Poetry Analysis In poetry, more so than any other form of literature, . understanding sound, meaning and theme are key to understanding the work itself. In the paper, case of the poems “ Mother to Son ” by stress solutions, Langston Hughes and “The Coora Flower” by Gwendolyn Brooks these elements, when heavily focused upon, allow the paper clipart, reader to discover the education never essay, message that these writers were attempting to convey. Thought both writers use these elements to their fullest to communicate their.
African American , English musical groups , Language 1432 Words | 4 Pages. A Stylistics Analysis of research paper Sons and Lovers. Stylistics Analysis of Sons and general sentences, Lovers 2006????? ??? 2006694 ?.Abstract: In this essay, I mainly talk . Clipart? about the author, D.H.Lawrence and his works. And I also give a brief analysis of Sons and master, Lovers. ?.Key words: Sons and Lovers, analysis ?.Body: 1. Brief account of the author of the passage David Herbert Lawrence is one of the major novelists of the English tradition He was born at Eastwood, England, in 1885, the fourth child of a collier father and a genteel mother . The. Anxiety , D. H. Lawrence , Interrogative word 832 Words | 3 Pages. Mother to Mother by research clipart, Sindiwe Magona Analysis. Mother to Mother The purpose of this paper is to introduce, discuss, and solutions, analyze the book Mother to . Mother by Sindiwe Magona.
Specifically, it will critically analyze the book. The book Mother to Mother is a touching and research paper, elegant story of race relations and misunderstanding in com politics asp South Africa. The author bases her book on a true incident, but looks at it from the eyes of research a mother who loves her son but recognizes his inadequacies. It is a devastating look at apartheid, violence, and anger. Africa , Black people , Family 1151 Words | 3 Pages. Analysis of Revolt of ? Mother ' In Mary Wilkins Freeman's The Revolt of ? Mother ' Mother is the . Causes Essay? typical woman of the research paper clipart, late 1890s, who was brought up to thesis, be subservient to men, as was common during the era. America was a completely patriarchal society at the end of the nineteenth century.
Women had always been perceived as lesser beings than men; women were thought to be less intelligent, weaker, and generally less important than men. The Revolt of ? Mother ' was written just around the time. Family , Feminism , Gender 1031 Words | 3 Pages. Russell Racism and the Oppressed Black Man—Bigger Thomas In 20th Century African-American Literature, the students were instructed to write a . critical analysis on one of five texts reviewed throughout the course. This paper will provide an analytical approach on the concept of research paper race and identity as reflected in, Richard Wright’s, Native Son . Bigger Thomas’ instinct for survival plays a key role for the reasons behind his actions in this novel. Was it mere survival instinct that jolted Bigger to. African American , Black people , Murder 1834 Words | 5 Pages.
The Image of the Mother in Langston Hughes' Mother to Son POEM, “ MOTHER TO SON ” As a child of the early twentieth century, Langston Hughes endured trying times. Hughes and www snopes com politics thesis, his . mother lived most of their lives in poverty. As a young teen, Hughes began writing poems about the world he saw through his eyes - a world of racial segregation and prejudice. Paper Clipart? This was the basis of many of his poems, and it was these poems that allowed him to influence the Harlem Renaissance. To him the image of the African American family is centered on the mother . The mother is the. African American , Family , Harlem Renaissance 958 Words | 3 Pages. “ Mother to Son ” The speaker of the poem “ Mother to Son ,” by Langston Hughes is a . mother who is giving advice to her son . Her life has been difficult and hard at times.
As readers, we know this because the general essay, speaker talks about how life is a staircase and paper clipart, her staircase has had “tacks and splinters in it” (line 3-4). My Homework? This means that her life has not been perfect and she had many challenges to research paper, deal with. Perhaps she was born into causes poverty, because the images in her poem reveal a ragged, old staircase. African American , Baltimore , Langston Hughes 606 Words | 2 Pages. Poem Analysis: Walt Whitman's O Captain My Captain and Langston Hughes' Mother to Son.
? Poem Analysis Although the clipart, two poems portray two very different styles of sentences writing, Walt Whitman's “O Captain! My Captain!” And . “ Mother to Son ,” by Langston Hughes, do share some similarities. Research Paper Clipart? Both poems use stylistic devices such as figurative language, metaphors, and rhythm to write, convey their overall message. At times, they both share a darker and more gloomy tone. This is particularly evident in research “ Mother to Son .” However, in contrast, these poems have more differences than similarities, especially.
Abraham Lincoln , Langston Hughes , Lincoln, Illinois 911 Words | 3 Pages. An Explication Of Langston Hughes' Mother To Son An Explication of asp Langston Hughes' Mother to Son Langston Hughes once stated in clipart his own words that his whole purpose for . writing was, to www snopes com politics thesis asp, explain and illuminate the Negro condition in America. In the poem Mother to Son , he denotes his belief on research paper clipart, racism in essay stress America. In Mother to Son , a mother is research clipart, giving advice to her son about life from her perspective and experiences. Www Snopes Thesis? She wants her son to keep striving on what he believes and to paper clipart, have a more prosperous life than what she had. Langston Hughes. African American , African American culture , Black people 1217 Words | 4 Pages. Somebody’s Mother Analysis Somebody’s Mother , by: Mary Dow Brine, is basically about somebody’s . mother . The title of this poem implies that you will probably be reading about a mother and what she does. Essay? When you think of a mother , you think of research paper clipart a woman maybe in her thirties with kids who are around age five through nine, and possibly not afraid of anything you throw at her. Education Ends? That’s what is expected of a mother right?
The first two lines of paper this poem imply the of hate crimes, physical features of the mother . She is. American novels , Christian cross , Need 1053 Words | 3 Pages. In his novel, Native Son , Richard Wright reveals his major theme of the Black population in America in the 1930’s. In the opening scene of the . novel, Wright introduces his condemning message towards the ugliness of American racism and the social oppression of Blacks in his time. The opening scene of research clipart Native Son functions by foreshadowing future events that occur throughout the novel involving major symbols that are introduced in the scene to represent other elements in the novel. The scene also establishes. Clock , Fiction , Oppression 1242 Words | 4 Pages. Analysis of Guy de Maupassant's Old Mother Savage Analysis of Guy de Maupassant's Old Mother Savage We are all taught that our identity lies in the roles we play throughout . life, in other words, in our actions. William Shakespeare wrote, All the world's a stage / And all the men and women merely players. / They have their exits and their entrances. (As You Like It, II, vii).
Whenever people act outside of their parts; whenever we miss our entrance, our identity is challenged. This can be seen everyday in all walks of life and in all arenas. Family , France , Gustave Flaubert 1458 Words | 4 Pages. Mother Daughter Relationship Analysis. Running Head: My Mother Daughter Relationship Analysis Christine Whittaker Parent-Child Relations 10/25/12 I, Christine . Marie Whittaker, was born on December the 24th 1990, in Chicago, Illinois. I come from a family of six members which includes my father, mother , older brother, and solutions, two younger sisters. My mother is the reason I am who I am today. As a result, I have decided to write about our relationship in this essay. My mother played a vital role in shaping my personality, character.
Family , Father , Health 1033 Words | 3 Pages. American Son A Love between a mother and her. American Son A Love between a mother and her child can be so strong that sometimes it is hard for one to express how they feel. A . mother ??s love for her child is unconditional and so is the child??s love for their mother . However, everybody expresses their love in different ways and sometimes the way one person expresses their love can hurt the other person??s feeling even though it is not intentionally meant to hurt the person. Clipart? Jonathan Kirsch from the causes of hate crimes, Los Angeles Times writes about the American. American films , Best Actor Award , English-language films 1302 Words | 3 Pages. Reasons It Is Difficult for Single Mothers to clipart, Raise Sons. According to statistics recorded at Princess Margret Hospital, one out of three Bahamian babies is essay, born to paper, single mothers . Fewer women are . waiting on the commitment of education never ends essay marriage and research, having unprotected sex. Some women are making bold decisions to become single mothers because they don’t need the support of asp a man they feel it’s not necessary because their fathers weren’t there and had no impact on their lives. On the other hand some women think that babies are tools to mend broken relationships and.
Crime , Emotion , Family 950 Words | 3 Pages. Analysis of the Mother of the Child. Analysis and paper clipart, interpretation of “The Mother of the Child in Question” [pic] doris lessing Characterization of . the housing estate: tower blocks, cement everywhere, litter lying around, the lift smells of urine and vomit (p.152) grim, drab, dreary, desolate, depressing, ugly. The characters Stephen Bentley, social worker Hassan, aged 12, well-dressed and well-mannered, his English is fluent (153:14) Mrs Khan, plump and pretty, dressed in a Pakistani outfit. Simplified molecular input line entry specification , Smile , Social work 1113 Words | 4 Pages. Analysis of Fathers and Sons and Yrussian Society. Junli Wang Introduction to Literature, Josh Beach Date: 2012-7-18 An analysis of Fathers and Sons and write, Russian . society in 19th century Russian society drastically changing in 19th century due to the “abolishment of the serfdom’’. In the middle of the 19th century Alexander II came to power and he thoroughly abolished serfdom in Russia which “ending the monopoly of research clipart landed aristocracy’’. The abolishment of the serfdom had a huge impact towards changing of the Russian society in. 19th century , Father , Feudalism 1686 Words | 5 Pages.
Alhassan Bundu-Conteh Native Son Introduction to Literature Dr. Brenda Doharris Sept. 29th 2009 Margolies, Edward. Revolution; Native . son The Art of Richard Wright. Southern Illinois University Press, Carbondale and master, Edwardsville, 1969. ____________________________________________________________ _ Summary In this essay, Margolies's main thesis is paper, that Wright's novel, Native Son does have obvious flaws but its impact on today's readers is just as profound as it was in 1940. Essay Stress? The. Black people , James Baldwin , Library of America 1356 Words | 4 Pages.
Sons and research paper clipart, Lovers: A Psychoanalytic Criticism Psychoanalysis is a psychological approach that focuses on the concepts of Sigmund Freud and . helps us to understand human behavior. D.H. Lawrence’s Sons and Lovers (1913) is a text that cries out for a psychoanalytic interpretation.One of stress solutions Freud’s most famous theories is the Oedipus complex, which deals with a child’s emerging sexuality. Research Paper? Freud used the story of Sophocles’ Oedipus Rex to help illustrate his theory. Write? In the story, Oedipus unwittingly kills.
Complex , Electra complex , Oedipus 1212 Words | 4 Pages. Mother to Son Langston Hughes, a prolific and well-known author, has published several books over a period of research clipart 40 years. He was . born in Missouri in 1902 and published his first poem in sentences High school. He was also a famous writer during the research paper clipart, Harlem Renaissance. My Homework? In the Poem Mother to Son , Hughes relates a stair case as a metaphor for paper, life to emphasize the vivid diction of the thesis, words expressed in this poem to clipart, bring out the theme. Hughes begins with his mother telling her son about her struggles and hardships. Harlem Renaissance , James Weldon Johnson , Langston Hughes 546 Words | 2 Pages. Journey of thesis in theoretical a Mother and a Son on the Fourth of July. ? In the paper, summer of 2012, my mother and com politics, I decided to paper clipart, go up north to Medford, Wisconsin.
This weekend it was a special day! The Fourth of July! . All I was worried about was fireworks. Physics? I love fire my parents always called me a pyro as a little kid. Son we packed up all our stuff for the weekend and headed out for clipart, the long car ride ahead of us. The first thing I saw when we pulled up was a huge landscape filled with trees and small, leafy brush everywhere!
In the middle of it was a gigantic pond, I guess. A Little Bit , A Little Bit Longer , Camping 1208 Words | 4 Pages. Evaluation of “Fortunate Son ” by Creedence Clearwater Revival Following World War Two, the two legitimate world powers were the United States . and the Soviet Union. Com Politics? With the Soviet Union under a communistic government and research paper, the United States being a nation founded in Capitalism, tensions between the two nations rose, resulting in the Cold War. Against the wishes of the United States, small countries in East Asia began to my homework, turn communist. Fear that one country turning would have a chain reaction turning.
Cold War , Communism , Creedence Clearwater Revival 1381 Words | 4 Pages. Literary Analysis of My Son the Fanatic. Literary Analysis of My Son the Fanatic Written by Hanif Kureishi, the short story My Son the paper clipart, Fanatic develops . through the conflict between a father and his son . In the story, the father Parvez who works as a taxi driver immigrated from Pakistan to England with his family twenty years ago. His son Ali is a college student in England. Write My Homework? When Ali was behaving abnormally, Parvez’s suspicion led him to discover that Ali had turned into a religious Muslim. Parvez, although born as a Muslim, does not. A Good Man Is Hard to Find , Family , Fiction 1368 Words | 4 Pages. Lawrence wrote to a friend describing his terminally ill mother in paper clipart 1913.
I look at my mother and think ?O Heaven-is this what . life brings us to?' You see mother has had a devilish married life, for nearly forty years- and this is the conclusion- no relief. (Baron's Educational Series, 1993). At the time this letter was written Lawrence was fictionalizing his relationship with his mother , as well as the rest of his family, in the novel Sons and Lovers . In the novel the Lawrences would be named the. Coal , Coal mining , D. H. Lawrence 1596 Words | 4 Pages. The characters in www snopes asp Sons and Lovers ——Tragedy of Paul's Love ??? Abstract: As the main character in this novel, Paul, shows the . most struggle in his love: the research, love for hs mom, for Miriam and for Clara. My work is to com politics obama thesis, analyze the complicated relationships among the women and the man. Due to the Oedipus complex of Paul, he always can't balance his love between his lovers and research clipart, mother . A pure pilgrim of Miriam and a feminist of Clara, Paul finds himself in love with both of the www snopes obama thesis asp, two. Paper? However. Family , Human sexual behavior , Human sexuality 1176 Words | 3 Pages. Literary Criticism And Analysis Native Son. ? Literary Criticism and Analysis Native Son - Richard Wright Candice Milburn SOC AP English IV . Abstract The purpose of of hate this criticism is to psychoanalytically analyze and paper, construe Richard Wright’s “Native Son ” as whole and to also prove that oppressed people can be psychologically effected and in com politics obama turn become a danger to others for committing crimes. In the beginning of the research paper clipart, paper, the audience will read about the literary elements that contribute to the thesis and.
African American , Black people , Pardo 2625 Words | 11 Pages. Cross-Cultural Encounters” Seminar The Jewish Nagging Mother Stereotype in Delmore Schwartz` “America! America!” The Jewish nagging . mother stereotype is a concept that started developing at the beginning of the 20th century in America. This stereotype was constantly remodeled to stress, suit a variety of circumstances in the development of the research paper clipart, Jewish society. “Excessive, overprotective, neurotically anxious, and ever present, the Jewish mother became a scapegoat for ambivalent and hostile sentiments. Antisemitism , Ashkenazi Jews , Halakha 1784 Words | 5 Pages. Andrea Professor SMcCombs English 1301 15 October 2012 Mothers It is no question that mothers are utterly important in . every child’s life. As far as I could remember my mother has always been there for me. For example one of the of hate, many times she has been there for research paper clipart, me was when she taught me the difference between healthy food and stress solutions, junk food. Making sure that her children are always healthy has been my mommy’s top priority. When I was six, or seven I can recall going to the corner store with my.
August Strindberg , Family , Father 1139 Words | 3 Pages. MOTHER.THE PAIN OF LOSS.Now I can say with certainty that I had never understood others suffering from unbearable loss of a dear person. For my part it used . to be pity, compassion. When this happened to me, when my dear mother died, I started to understand all those people who lost someone they loved. There are perhaps no proper words to describe this pain, at least none used on this planet. This intolerable pain which tears you apart, which is research paper, like a stone on solutions, your heart, and which make tears run. Debut albums , Feeling , First-person narrative 1279 Words | 3 Pages. Sons and paper, Lovers, published in 1913, is of hate essay, D. H. Lawrence's third novel. It was his first successful novel and arguably his most popular.
Many of . the clipart, details of the novel's plot are based on education never essay, Lawrence's own life and, unlike his subsequent novels, this one is relatively straightforward in its descriptions and action. D. H. Lawrence has been always criticized for the content of his novel and clipart, his characters. Sons and Lovers is master physics, another novel which was even banned for years because of its explicit indications. Family , Feminism , Gender 1613 Words | 5 Pages. inspired me, my mother is the first person that comes to mind. My mother has been the biggest inspiration in my life.
Everything . that I am today is paper clipart, a result of the obama, influence and paper, the life lessons that she has taught me. She has made so many opportunities available for thesis, me, without her I do not know where I would be. My mother is a very inspiring person; the paper, reasons for this are countless. For example, when I decided to run for Student Council and I didn't think I could make it, but my mother was my biggest. English-language films , Family , Father 1084 Words | 2 Pages. Agatha Christie says, “A mother’s love for her child is like nothing else in the world. It knows no law, no pity. It dares all things and crushes down . remorselessly all that stands in my homework its path. “. Mother being the supreme lover, loves her child like nothing.
A mother dissipates the clouds of paper darkness, and cause peace to general essay, return to research, our hearts when we are helpless in stress solutions the wilderness life with her kind precepts and counsels. From the moment we are born till we are cradled in research the chariot of death, we. Islam , Love , Mother 1224 Words | 3 Pages. marriage with Rev. Twycott.
She respects him but there is no love in this marriage, naturally. Her influence on Randolph her son is negligible . and the boy grows up thinking his mother to be inferior to him in learning and position. Sophy has no control over www snopes com politics obama thesis her life. Her husband has left her only research paper clipart, a small sum of money; the rest is under the control of essay trustees. She loves her son with tenderly and does not want to hurt him in any way but the boy has only paper, crumbs to shower on her.
Too late she realizes. Boy , Family , Marriage 1519 Words | 4 Pages. The Puppet Master of Rome: the Mother-Son Relationship in Shakespeare's Coriolanus. 297 Shakespeare Dr. Cooke 3/18/11 The Puppet Master of Rome There is write, one thing in the world that everyone has: a mother . Some people . never knew their mothers , some have bad relationships with their mothers , and some love their mothers more than anything else. In William Shakespeare’s Coriolanus, Caius Martius, or Coriolanus, has a very intense relationship with his mother , Volumnia. He loves, respects, fears, and is controlled by her.
This is made very evident throughout the play. Everything. Attack , Gender role , Mother 1852 Words | 5 Pages. Fata Magan the Handsome: father of research Son -Jara, settles in Kamalen the my homework, center of the later Manding Kingdom. A jinni appears to research, Fata Magan and . tells him he should wed an ugly maid who is with two youths; the ugly maid will bear him a son who will rule Manding. Magan gives his sister, Nakana Taliba later appears as a principal Queen of Darkness, and of hate crimes essay, a rare token in exchange for research clipart, Sugulun Konde, the ugly maid.
Sugulun Konde called the stress solutions, Konde woman the research clipart, ugly maid, mother of Son -Jara, traveling with the Taraweres. Mali Empire , Mande languages , Shea butter 1239 Words | 3 Pages. A Literary Analysis on “Mother Tongue” By Demetria Martinez. A Literary Analysis on write my homework, “ Mother Tongue” By Demetria Martinez “His nation chewed him up and paper clipart, spat him out like a pinon . shell, and general, when he emerged from an airplane one late afternoon, I knew I would one day make love with him” (Martinez, 3). And so it starts, the paper clipart, story of a nineteen year old Mexican- American girl named Mary (Maria; as he only www snopes obama asp, chooses to call her), who helps out and eventually falls in love with Jose Luis Alegria, a Salvadoran refugee. Martinez's story of Maria is clipart, told. Domestic violence , El Salvador , Love 2498 Words | 7 Pages. question but after a brief analysis , I found what made ??him think so .The many of my son's classmates mothers were stay -at – . home moms. I respect the decision of mothers who have chosen to stay at my homework, home instead of make career but, I do not agree with the impact that their decisions have on children whose mothers are not stay at home.
I am not against motherhood, but I cannot stay home for paper clipart, ever to take care of the children and the house. In my opinion, I think that working mother will not harm her family. A Man's Work , Childbirth , Family 1174 Words | 3 Pages. primarily on the relationship between a gay son and write my homework, his parents, mothers in particular. Media representations of homosexuality . have painted a poor image of the LGBT community making it difficult for parents to accept their children and for children ‘coming out’ to research, their parents (Cramer amp; Roach, 80). Two shows, Desperate Housewives and essay, Queer as Folk will be analysed to see how each approach the issue in different ways. In order to provide a deeper analysis of the chosen topic, episodes from seasons.
Bisexuality , Gay , Gay community 2377 Words | 4 Pages. Written analysis of the short story The Revolt of ? Mother ' Shirlley Padia Lopes This work will treat about the short . story The Revolt of Mother , written by Mary Eleanor Wilkins Freeman and research paper clipart, it will be based on the feminist criticism. By this criticism, this short story from Freeman is a kind of innovation in literature made by women. Causes Crimes Essay? Feminist Criticism has been developed with the rising of the feminist movement in sixties, and paper clipart, particularly in literature, since the publication, in thesis in theoretical the United. Bertolt Brecht , Family , Feminism 1566 Words | 4 Pages. “If” is providing an inspirational conversation between a father and research paper clipart, a son to solutions, have self-confidence, courage, patience and honesty. In the poem . is a father defining for his son the qualities of a good man. The father is telling his son that he could face trouble as easily as you face success, and you can take something that broke even though you worked so hard for it you can rebuild it all over again.
The father speaks to his son of taking everything you've worked for and risk it all, and paper, then lose. 2006 singles , A Good Man Is Hard to Find , Family 667 Words | 2 Pages. Once heis brought to education never ends essay, life, Victor is immediately horrified and clipart, flees. Okonkwo’s drive is essay solutions, what motivates him to become a powerful and intimidating figure in . his family. It is his lack of research paper clipart compassion that creates an irreversible rift between him and his son . Both these novels show us the importance of essay stress solutions analyzing these texts, as even books that seem as difficult as Frankenstein and Things Fall Apart do share many similarities. In Frankenstein and Things Fall Apart, the authors demonstrate to its readers.
Chinua Achebe , India , Poverty 2076 Words | 6 Pages. All My Sons, Chris Character Analysis. to achieve through the characters of Chris and Keller? Through the characters of Chris and Keller in paper clipart All My Sons , Miller is emphasizing the . extent of Keller’s moral injustice. Education Ends Essay? Keller blamed his wrong decisions on Steve, his co-worker, neighbour and friend in research paper order to save his reputation and master in theoretical, business, and for years lied his way out of the guilt . Chris on the other hand is the righteous son who is paper, uncomfortable with the success of his father’s business during war time, describing the money to have. Do the Right Thing , Family , Guilt 872 Words | 3 Pages. Remember' and essay, 'Refugee Mother and Child. English Literature: Poetry Introduction and analysis to research clipart, the two poems ‘Remember’: This is a beautiful poem written by the poet Christina . Rossetti. Rossetti is known for her contrasting themes of love and general sentences, death she puts into her poems, ‘Remember’ is no exception. It is quite obvious that Rossetti is talking to clipart, a loved one in the poem, most likely a lover.
From researching, I have found that Rossetti wrote this poem when she was still in write my homework love with Charles Cayley, and also the fact that there. Chinua Achebe , Christina Rossetti , Death 836 Words | 3 Pages. A Mothers Love: Too Strong. to Weak. purpose of this research paper – to indicate the most considerable and peculiar moments of mother - son relationships in research the plays . Hamlet and The Glass Menagerie, which are obviously fulfilled with confrontations, issues of moral domination and essay stress solutions, silent disagreement. While speaking about Amanda Wingfield and Queen Gertrude, it is very difficult not to notice their constant desire to dominate in the lives of their sons , manipulate their feelings and guide them in certain actions. However, their intentions. Hamlet , Harold Bloom , Protagonist 1509 Words | 5 Pages. The Ideal Mother Jessica just gave birth to their first child, named Tyler. She knew at that very moment, she wanted to be the paper, best . mother that she could. She started thinking back to when she was just a kid and some of the things that her wonderful mother taught her.
Even as a child, she knew that her mom dedicated all her time to her family. Jessica, like many mothers , wishes to be the best mother that she can be. An ideal mother is com politics obama thesis asp, someone that is caring, providing, and understanding. Baby bottle , Breast milk , Breastfeeding 877 Words | 3 Pages. Family Analysis Project Introduction I selected the family of A.G which is based on personal acquaintance for clipart, this project. Causes Essay? I will . complete a comprehensive analysis using the criteria that I will be describing in details in the proceeding paragraphs. These criteria includes description of the nuclear family form, sociocultural data, genogram and Ecomap, environment, communication, power structure, role structure, values, spiritual activities, socialization, adaptation and healthcare.
Once. Developmental psychology , Erik Erikson , Erikson's stages of psychosocial development 945 Words | 4 Pages. Baldwin Notes of a Native Son Analysis. “Notes of a Native Son ” is a first person narrative about James Baldwin who lived with his family in Harlem during a difficult time for the . equal rights movement in America. Research Clipart? Racism through Baldwin’s experience shows its potential to feed off of itself in a vicious cycle, with one person’s hate leading to someone else’s. He has first hand experience with this through his father, a man who, while considered free, felt the pressures of write racism throughout his life.
The hate Baldwin’s father had towards. Black people , Diner , Hate 964 Words | 3 Pages. Shaphon Munshi The Child Who Walks Backward The text that I will be analyzing is paper clipart, a poem by write, Lorna Crozier called The Child Who Walks Backwards. . Throughout my analysis I will look into parental abuse, underlying meanings in the lines in the poetry, as well as connections I can make personally to research paper, the book. I think it is also important that I bring forth essential messages in the words and statements of the poem. The main theme I will choose to focus on is that abuse does not only happen at. Child abuse , Mother 1051 Words | 3 Pages. D.H. Com Politics Obama Thesis? Lawrence: Son and Lover Bildungsroman, a form of fiction which allows the research clipart, novelist to thesis physics, recreate through the clipart, maturing of his protagonist . some of his own remembered intensity of experience (Nivin, Alastair; pg. 34) D.H. Lawrence re-created his own life experience through the writing of Son's and Lovers, an intensely realistic novel set in a small English mining town, much akin to www snopes obama thesis asp, the town in which he was raised. The son of a miner, Lawrence grew up with a father much like the character.
Charles Scribner's Sons , D. H. Research Paper Clipart? Lawrence , Edward Garnett 1175 Words | 4 Pages. Mother to Son Mother to Son , published in 1922 by Langston Hughes, was one of the most famous . poems he had written. Hughes was African-American and was born in stress solutions 1902. While living in the 1900's Hughes and his family experienced the hardships of racism, discrimination, and slavery. Therefore, this poem is not only words of encouragement from a mother to a son , but also words of encouragement to the entire African American community.
This poem of paper clipart inspiration let the essay, community know that the difficulties. African American , African people , Conceptual metaphor 693 Words | 2 Pages. the woman who speaks to the man who has employed her son. ?‘The Woman Speaks to the Man Who has Employed her Son ’ Lorna Goodison was born 1947 in Kingston, Jamaica. Her family was a large one . comprising nine children. Clipart? She attended St.
Hughes High School and master in theoretical physics, later, studied Art both in Jamaica and New York. Paper? Her first collection of poetry, ‘Tamarind Season’ was published in 1980. Several collection followed, as well as two prose fiction works. Her books have won many awards. Goodison’s themes include motherhood and never essay, the female in clipart society. Currently. Crime , Family , Father 2381 Words | 7 Pages. William Apess's Son of the Forest: Critical Analysis. ? Son of the Forest Critical Analysis The autobiography of William Apess, Son of the Forest, was the first . Of Hate Crimes Essay? autobiography of a Native American. The account relives the life of paper clipart Apess from about four years of causes of hate crimes age to paper clipart, young adulthood. While captive in his tale, the reader is my homework, witness to Apess’ recollection of his religious journey, steps of behavioral modification, and research clipart, path to master thesis physics, immorality, and sees that Apess is quick to research clipart, blame the positive and sentences, negative aspects of research paper clipart his life on outside influences.
The autobiography. Adolescence , Alcoholism , Bible 1054 Words | 4 Pages. The Depiction of Controversial Mothers in History When describing the asp, qualities of motherhood, one might say that a good mother . is a woman who looks out for research, the well being of essay her children both mentally and physically. Mothers give their children the clipart, freedom to general sentences, mature in their own way, so that they learn how to live and work out any problems they might have, their own way. They love their children unconditionally and try their best to spend time with them as much as possible. Research Clipart? In the two plays, Medea. Creon , Greek mythology , Jocasta 1424 Words | 4 Pages.
is derived from the legend of www snopes thesis asp King Oedipus of Thebes in ancient Greece. Oedipus unknowingly killed his father and married his mother . He begot . Research Paper Clipart? two sons and write, two daughters from her. Freud, a German psychologist, used the paper clipart, term Oedipus Complex to signify the manifestation of the stress solutions, sexual desire of the child for research clipart, the parent of essay stress the opposite sex i.e. sexual desire of the son for mother and conflict with father. Webster’s Dictionary explain the Oedipus Complex as : ’ ’ the unconscious tendency of a child to. Carl Jung , Emotion , Family 891 Words | 3 Pages. Analysis and Reflection of paper clipart The Dancer, The New Yorker in Tondo, The Scent of write my homework Apple, The Will of the River, and Geyluv Submitted to: Professor . Dorothy Agnis Submitted by: Leigh Ann B. Cabanilla The Dancer By: Wilfrido Ma. Guerrero Analysis : Reflection: The New Yorker in Tondo By: Marcelino Agana Jr. Analysis : • • • • • Plot: New Yorker in Tondo is a play about a girl named Kikay who has fallen in love with the concrete jungle, New York, and has forgotten about research her native land, the Philippines. Character , Filipino people , Friendship 922 Words | 16 Pages. history we have witnessed gruesome murders and essay stress solutions, the serial killers behind them. Research Clipart? Serial killers like Ted Bundy, the BTK killer, and one of New York’s own, and . most memorable killers the .44 Caliber killer, also known as the education ends essay, “ Son of Sam” killer.
For over research paper clipart a year David Berkowitz, known as Son of Sam, was able to remain uncaught walking the streets committing these shootings wounding and murdering many people. The criminal investigation that was conducted to capture this violent serial killer was very complex. Attica Correctional Facility , Charter Arms Bulldog , David Berkowitz 2703 Words | 7 Pages. 7/29/2014 The Son of the Revolution The concept of politics is the driving force that shapes our society and the different parties that . exist creates tension such that it affects human relationships. Essay Stress? In the research, memoir The Son of The Revolution, Liang Heng tells his experiences growing up during the political and social turmoil of the Cultural Revolution in China.
His tale journeys around the concept of essay how politics affects human relationships through his separation with his mother , his life with his. Communism , Communist Party of paper clipart China , Communist state 908 Words | 4 Pages. short story is about a man, who takes his son to deserted place, where he remembers having had good experiences with his own father. The man in . the story is divorced from the general, mother of clipart his child, but he wishes to still remain a good relationship with him who?. Causes Of Hate? He carries his son over the river in the deserted place, but on their way home, the current is very strong, and it becomes a challenge for him to research paper clipart, stay on his own feet. “Crossing” deals with the write my homework, son and father relationship, while bringing up.
Antagonist , Character , Family 1059 Words | 3 Pages.
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50 essays orwell Drunk Driving is a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to protect your legal rights and defend you from a Drunk Driving related Charge. Paper. A Drunk Driving Conviction can lead to loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of never essay your vehicle, loss if income, loss of insurance and paper clipart other serious consequences. Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Massachusetts DUI Laws. Www Snopes Com Politics Obama. It is illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs. According to Massachusetts DUI law, a person is considered too impaired to operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater.
If a driver is under the age of 21, he or she is prohibited from driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of Massachusetts found driving with a BAC at or above the legal limit will be arrested and booked on DUI charges. At this time, it’s best to contact a seasoned Boston DUI lawyer who has the experience and paper clipart skill to defend you in court. Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the influence, and education never essay always prosecute those people in court. There are defenses to research a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of ends essay roadside tests, mistakes in the arresting officer#8217;s subjective conclusions regarding your coordination and research paper clipart stability, and the inaccuracy of breathalyzer machines.
Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on the shoulder of the thesis in theoretical, road, in the cold, in the glaring squad car headlights. We have had success in research clipart, getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of client. Massachusetts encourages first time offenders with no criminal record to plead out in a diversion program. The case is dismissed after mandatory alcohol education classes and one year of thesis in theoretical probation and, and you can get a hardship driver#8217;s license within four days of the plea hearing. A second DUI is harsher, and often requires going to trial. A second offense is punished by a minimum of two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for research paper six months. A third DUI is punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years.
Massachusetts OUI/DUI Law First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction. •License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) •Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.) •Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance. •Unsupervised probation for one year. •Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. •License suspended for 45 to stress solutions 90 days (not including any penalty for breath test refusal) •License suspension is 210 days for drivers under age 21. •You are eligible for a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases. Massachusetts OUI Law Second Offense Penalty. •Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. •License suspended for research 2 years, work/education hardship considered in 1 year; general hardship in 18 months. Master Thesis. (Note: In almost every case, with a breath test refusal or failure you won#8217;t be eligible for a hardship or full license restoration for at clipart least 3 years total.) •As of education essay January 1, 2006 Interlock device installed in your car at your own expense for 2 years, when you become eligible for paper hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) •2 years probation. •14 day confined (inpatient) alcohol treatment program paid for by the defendant. •License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months. •As of January 1, 2006 Interlock device installed in essay, your car at your own expense for research clipart 2 years as a condition of essay any license reinstatement (including hardship license). •If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is paper clipart still a tough punishment to accept for essay many people.
Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the case in court, most people choose to research paper clipart take a chance at no penalty, even on a weak case. Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. Of Hate Crimes Essay. If you are facing a 2nd offense DUI, this in research paper clipart, itself is a good reason to strongly consider fighting the case. Massachusetts OUI/DWI Law Third Offense Penalty(3rd) Penalty. •Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) •May be served in a prison treatment program. General Essay. •License suspended for paper 8 years, work/education hardship considered in 2 years; general hardship in 4 years. •Commonwealth may seize, keep, and/or sell your vehicle. Causes Essay. The Real Deal on 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty. For a 3rd offense charge, this is a good reason to fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the paper clipart, court can#8217;t provide sufficient proof of the of hate, prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is a Felony Offense) •License suspended for 10 years, work/education hardship considered in research clipart, 5 years; general hardship in 8 years. •Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to essay solutions a 4th, 5th or subsequent drunk driving charge.
Even a small chance of winning the case is worth the risk, since it is probably your only chance to paper avoid jail time. You need to consider fighting your case at trial in almost all cases. Causes Crimes. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the research paper clipart, punishment and mandatory jail time you are risking if found guilty will even longer. General. Call me for details. Research Paper. OUI With Serious Bodily Injury Penalties. If you are charged with an OUI where someone is injured, you are almost certain to do jail time. The cases become extremely complicated and education essay you need the research paper clipart, advice of a DUI OUI lawyer. General Essay. You can face penalties of 6 months to 2.5 years in paper clipart, jail or 6 months to 10 years in State Prison depending on how your DUI or OUI violation is charged and prosecuted.
Here is a copy of the my homework, Massachusetts DUI and research OUI Laws. Section 24. Physics. (1) (a) (1) Whoever, upon any way or in any place to which the research paper clipart, public has a right of access, or upon www snopes obama, any way or in any place to paper which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in stress solutions, their blood of eight one-hundredths or greater, or while under the influence of research intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the general essay, vapors of paper clipart glue shall be punished by master a fine of research not less than five hundred nor more than five thousand dollars or by imprisonment for write not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against a person who is convicted of, is clipart placed on probation for, or is granted a continuance without a finding for crimes essay or otherwise pleads guilty to or admits to a finding of sufficient facts of research operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and general sentences the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for research any reason. There shall be an assessment of $50 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of essay sufficient facts for operating a motor vehicle while under the influence of clipart intoxicating liquor or under the thesis in theoretical, influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of paper chapter 94C, pursuant to master thesis in theoretical physics this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L.
The assessment shall not be subject to waiver by the court for any reason. If a person against whom a fine is assessed is sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on the mittimus. The monies collected pursuant to research clipart the fees established by this paragraph shall be transmitted monthly by the courts to of hate essay the state treasurer who shall then deposit, invest and research paper transfer the monies, from causes of hate crimes essay time to research time, into the Victims of Drunk Driving Trust Fund established in section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of said chapter 10, by the victim and witness assistance board for the purposes set forth in www snopes com politics obama thesis asp, said section 66. Fees paid by an individual into the Victims of Drunk Driving Trust Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by paper clipart a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon write my homework, such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for paper clipart probation, parole, or furlough or receive any deduction from thesis his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the research paper, commissioner of correction may, on the recommendation of the stress solutions, warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to research paper clipart an offender committed under this subdivision a temporary release in my homework, the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in research paper, employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by general sentences the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to the extent such resources are available in a correctional facility specifically designated by the department of clipart correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the commission of the causes, offense for which he has been convicted, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than one hundred and eighty days nor more than two and one-half years or by research a fine of com politics asp not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the clipart, sentence imposed upon such person shall not be reduced to less than one hundred and physics fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from paper clipart his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the sentences, warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to research paper engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the never essay, recovery of an research paper, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of causes of hate essay correction for the incarceration and rehabilitation of drinking drivers.
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the date of the commission of the offense for which he has been convicted the defendant shall be punished by research paper a fine of sentences not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for not less than two years nor more than two and one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the commissioner of correction may, on research paper clipart, the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an ends, aftercare program designed to support the research clipart, recovery of an offender who has completed an causes of hate essay, alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of clipart drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense four or more times preceding the master physics, date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for research paper not less than two and one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in www snopes obama thesis, employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by paper the department of correction for the incarceration and rehabilitation of drinking drivers. Stress Solutions. A prosecution commenced under the provisions of this subparagraph shall not be placed on paper, file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on physics, a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the district court or to a jury-of-six session, until the court receives a report from the clipart, commissioner of probation pertaining to the defendant#8217;s record, if any, of my homework prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the provisions of this paragraph shall not justify the postponement of any such trial or of the acceptance of research clipart any such plea for more than five working days after the date of the defendant#8217;s arraignment. The commissioner of probation shall give priority to requests for such records. At any time before the commencement of www snopes asp a trial or acceptance of a plea on research paper, a complaint alleging a violation of this subparagraph, the com politics obama thesis asp, prosecutor may apply for research clipart the issuance of a new complaint pursuant to my homework section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the prosecutor, the research paper clipart, court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. General Sentences Essay. If a new complaint is issued, the court shall dismiss the original complaint and order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to research prepare a defense. If a defendant waives right to a jury trial pursuant to section twenty-six A of chapter two hundred and eighteen on a complaint under this subdivision he shall be deemed to have waived his right to my homework a jury trial on research paper, all elements of said complaint.
(2) Except as provided in subparagraph (4) the write, provisions of section eighty-seven of paper clipart chapter two hundred and seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged. (3) Notwithstanding the provisions of stress solutions section six A of chapter two hundred and seventy-nine, the court may order that a defendant convicted of research paper clipart a violation of subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the commission of the offense for which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the defendant#8217;s driving record, the criminal record of the defendant, if any, and such information as may be available as to the defendant#8217;s use of alcohol and may, upon a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from education ends essay such treatment and that the safety of the public would not be endangered, with the defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out patient counseling program designed for such offenders as provided or sanctioned by clipart the division of alcoholism, pursuant to regulations to be promulgated by said division in consultation with the department of correction and with the approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of essay probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to comply with said conditions and research paper any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the provisions of section three of chapter two hundred and seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and if the court finds that he has failed to attend or complete the residential alcohol treatment program before the date specified in the conditions of general sentences probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to research clipart imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for write furlough or receive any reduction from research paper his sentence for good conduct until such person has served two days of such sentence; and my homework provided, further, that the paper, commissioner of correction may, on master thesis in theoretical, the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to research clipart an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to www snopes obama thesis asp attend the funeral of a relative; to visit a critically ill relative; to research clipart obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. If such defendant fails to attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to pay; and provided, further, that such person files with the court, an affidavit of indigency or inability to obama thesis asp pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program. (b) A conviction of a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to operate of the person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the research, date of the commission of the thesis in theoretical, offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for research in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to the registrar.
The court shall report immediately any revocation, under this section, of a license or right to operate to essay the registrar and to the police department of the research, municipality in causes crimes essay, which the defendant is domiciled. Notwithstanding the provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by paper reason of a violation of paragraph (a) shall be controlled by the provisions of this section and sections twenty-four D and twenty-four E. Sentences Essay. (c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the paper clipart, commonwealth or any other jurisdiction preceding the date of the commission of the master, offense for which he has been convicted, the registrar shall not restore the clipart, license or reinstate the causes of hate crimes essay, right to operate to such person unless the prosecution of such person has been terminated in favor of the research, defendant, until one year after the date of conviction; provided, however, that such person may, after the write, expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of paper conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the essay, issuance of paper a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and stress solutions conditions as he deems appropriate and necessary. (2) Where the license or the right to clipart operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to essay an alcohol or controlled substance education, treatment or rehabilitation program by paper a court of the never, commonwealth or any other jurisdiction because of research paper clipart a like violation preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of essay stress such person unless the prosecution of such person has been terminated in favor of the clipart, defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of 1 year from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by thesis in theoretical the person that the causes of the present and past violations have been dealt with or brought under control and that such person shall have successfully completed the research paper, residential treatment program in causes of hate crimes, subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the research clipart, expiration of 18 months from the date of conviction, apply for and shall be granted a hearing before the www snopes obama thesis, registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the paper, causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. General Essay. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (3) Where the license or right to operate of any person has been revoked under paragraph (b) and paper such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction two times preceding the date of the commission of the crime for master thesis in theoretical which he has been convicted or where the paper, license or right to operate has been revoked pursuant to section twenty-three due to a violation of said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the master thesis in theoretical physics, registrar shall not restore the license or reinstate the right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of conviction; provided however, that such person may, after the expiration of two years from the date of the research, conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an write my homework, identical twelve hour period every day, on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the research clipart, date of my homework conviction, apply for and shall be granted a hearing before the registrar for the purpose of paper requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and write past violations have been dealt with or brought under control and research clipart the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and sentences necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (31/2) Where the license or the right to research paper clipart operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of www snopes com politics obama thesis asp a like violation three times preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of research paper such person unless the prosecution of write my homework such person has been terminated in favor of the research paper clipart, defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the conviction, apply for and shall be granted a hearing before the registrar for www snopes the purpose of requesting the issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of clipart hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of education never eight years from the date of research paper clipart conviction, apply for and shall be granted a hearing before the registrar for essay solutions the purpose of requesting the issuance of a new license on research paper, a limited basis on the grounds of hardship and my homework a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the research paper, terms and www snopes obama conditions as he deems appropriate and necessary. Research Clipart. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for my homework the duration of the hardship license. (33/4) Where the license or the research, right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for causes crimes essay which such person has been convicted, such person#8217;s license or right to operate a motor vehicle shall be revoked for the life of such person, and such person shall not be granted a hearing before the registrar for the purpose of requesting the research paper, issuance of essay a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of such person has been terminated in favor of such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from any order of the registrar of research clipart motor vehicles under the education never ends, provisions of research clipart this section. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from records of the department of probation, any jail or house of corrections, the department of correction, or the registry, shall be prima facie evidence that the in theoretical, defendant before the court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the clipart, defendant#8217;s guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant#8217;s commission of any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to general essay establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of research clipart this section, a person shall be deemed to general have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of paper clipart a prosecution upon appeal or otherwise after such a conviction. Write. Where there has been more than one conviction in the same prosecution, the date of the first conviction shall be deemed to be the date of conviction under paragraph (c) hereof. (e) In any prosecution for a violation of research clipart paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant#8217;s blood at the time of the alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of obama thesis asp his breath, shall be admissible and research paper clipart deemed relevant to the determination of the question of whether such defendant was at such time under the influence of master thesis intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to research him upon his request and essay solutions the defendant was afforded a reasonable opportunity, at research his request and at his expense, to have another such test or analysis made by a person or physician selected by him; and causes provided, further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by paper clipart a physician, registered nurse or certified medical technician.
Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. Never Ends. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith, but the paper, officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and www snopes obama such evidence is that the research, percentage, by weight, of alcohol in the defendant#8217;s blood is general essay two one-hundredths or greater, the officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the department of the state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the percentage of alcohol in such blood shall be prima facie evidence of the percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to research paper have consented to a blood test unless such person has been brought for education ends essay treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of research clipart a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If the person arrested refuses to physics submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for paper clipart a period of at least 180 days and master thesis physics up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by clipart weight of of hate crimes essay blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of clipart chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to general essay operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of research paper 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for never ends such refusal; and paper provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon such refusal. If a person refuses to submit to any such test or analysis after having been convicted of sentences a violation of section 24L, the restistrar shall suspend his license or right to operate for research clipart 10 years. If a person refuses to submit to any such test or analysis after having been convicted of a violation of www snopes asp subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of research clipart blood alcohol of causes of hate eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of paper clipart subsection (b) of essay stress solutions said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for paper life. If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the registrar, take custody of such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of suspension in a format approved by the registrar; and. (iii) impound the vehicle being driven by the operator and arrange for the vehicle to be impounded for a period of 12 hours after the operator#8217;s refusal, with the com politics obama thesis asp, costs for the towing, storage and maintenance of the research clipart, vehicle to be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made.
Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of never ends intoxicating liquor, and shall state that such person had refused to submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in this section.
The suspension of a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the police officer. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the paper, defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in never essay, the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. Research Paper Clipart. In all such instances, the court shall issue written findings of fact with its decision. (2) If a person#8217;s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on write my homework, behalf of the registrar take custody of such person#8217;s drivers license or permit issued by paper clipart the commonwealth; (ii) provide to each person who refuses the test, on education ends, behalf of the research paper, registrar, a written notification of suspension, in a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by the registrar and shall be made under the write, penalties of perjury by the police officer. Each report shall set forth the grounds for the officer#8217;s belief that the research, person arrested has been operating a motor vehicle on master thesis in theoretical physics, any way or place while under the clipart, influence of intoxicating liquor and master thesis in theoretical that the person#8217;s blood alcohol percentage was not less than .08 or that the person was under 21 years of age at the time of the arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the research, equipment used for the test was regularly serviced and maintained and that the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered.
Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon education never ends, receipt by the offender of the notice of intent to suspend from research a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the master in theoretical physics, person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of research paper twenty-one years and such evidence is education ends essay that the percentage, by clipart weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon the failure of write any police officer pursuant to paper this subparagraph, to suspend or take custody of the driver#8217;s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the sentences essay, defendant#8217;s license or right to operate a motor vehicle upon receipt of a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to clipart subparagraph (1). Never Essay. Each such report shall be made on a form approved by clipart the registrar and of hate essay shall be sworn to under the penalties of perjury by such police officer.
Each such report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of research paper clipart intoxicating liquor and that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the master physics, operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by research clipart the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the general sentences essay, person administering the test had every reason to believe that the equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by the police chief as defined in paper clipart, section one of chapter ninety C, or by the person authorized by essay stress solutions him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. The license to operate a motor vehicle shall thereupon be suspended in research, accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in com politics, any place to which members of the public have a right of access or upon any way to which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to paper clipart submit to such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to master operate. The registrar shall create and preserve a record at said hearing for judicial review. Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the clipart, right to file a petition in the district court for the judicial district in essay, which the offense occurred for judicial review. Research Clipart. The filing of causes of hate crimes a petition for judicial review shall not stay the research paper clipart, revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the com politics obama asp, submission of research paper clipart said request, but not later than thirty days following the submission thereof. Review by general essay the court shall be on paper, the record established at the hearing before the registrar. If the www snopes obama thesis, court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the research paper, law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the thesis in theoretical, court may reverse the paper clipart, registrar#8217;s determination. [ Second paragraph of paragraph (g) of subdivision (1) effective until November 4, 2010.
For text effective November 4, 2010, see below.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in causes of hate, which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to research paper clipart the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the education never ends essay, percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to research paper such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to essay such person under the age of paper twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration. [ Second paragraph of www snopes obama asp paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. For text effective until November 4, 2010, see above.] Any person whose license or right to paper clipart operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the age of education ends twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to research paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and master thesis in theoretical physics shall direct the prosecuting officer to forthwith notify the department of criminal justice information services and the registrar of such restoration. (h) Any person convicted of a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of research paper clipart glue, may, as part of the disposition in the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs. The court shall set such financial and other terms for the participation of the defendant as it deems appropriate. [ First paragraph of paragraph (a) of general sentences essay subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to research paper which members of the thesis physics, public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the research clipart, lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and of hate thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by research paper clipart imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by essay stress solutions a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by paper clipart imprisonment in in theoretical, the state prison for not more than five years or in a house of research clipart correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by crimes essay a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for research clipart not less than two and of hate crimes one half years nor more than five years in the state prison or by both fine and research imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. Thesis. [ First paragraph of clipart paragraph (a) of subdivision (2) as amended by master 2010, 155, Sec.
11 effective September 30 2010. For text effective until September 30, 2010, see above.] (2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the research, public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of general essay making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in research paper, an application for registration of causes crimes essay a motor vehicle or whoever while operating a motor vehicle in violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered, shall be punished by research paper a fine of obama thesis asp not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and research clipart whoever uses a motor vehicle without authority knowing that such use is causes crimes unauthorized shall, for paper clipart the first offense be punished by a fine of www snopes com politics obama thesis not less than fifty dollars nor more than five hundred dollars or by research clipart imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for general not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by research paper a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by physics imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of paper clipart a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for essay any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right of paper access, or upon any way or in any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of stress solutions not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon paper, any way or in any place to causes of hate which the research clipart, public has a right of access or upon write my homework, any way or in any place to paper clipart which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to thesis physics avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for research paper clipart not less than two and one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by sentences essay a fine of not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon such person shall not be reduced to research paper less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for causes crimes probation, parole, or furlough or receive any deduction from research clipart his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of in theoretical correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an research, officer of such institution for the following purposes only: to attend the funeral of write a relative; to visit a critically ill relative; to research paper obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on write, file. (b) A conviction of a violation of paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in research clipart, any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to operate. If it appears by the records of the registrar that the person so convicted is the essay stress solutions, owner of research paper a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in ends essay, his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in research paper, favor of the write my homework, defendant.
In addition, the paper clipart, registrar may, after an investigation or upon hearing, issue a new license or reinstate the right to education never ends essay operate to research paper a person convicted in any court for a violation of any provision of essay stress solutions paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of research paper a violation of in theoretical subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the date of paper clipart revocation following any subsequent conviction; (ii) any person convicted of a violation of stress solutions subparagraph (2) of paragraph (a1/2) until three years after the paper, date of revocation following his conviction if for a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of thesis in theoretical using a motor vehicle knowing that such use is unauthorized, until one year after the date of revocation following his conviction if for a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of paper clipart any other provision of paragraph (a) until sixty days after the date of crimes his original conviction if for a first offense or one year after the date of revocation following any subsequent conviction within a period of research paper clipart three years. Notwithstanding the forgoing, a person holding a junior operator#8217;s license who is convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for general sentences license reinstatement until 180 days after the research paper, date of his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. The registrar, after investigation, may at any time rescind the revocation of a license or right to operate revoked because of a conviction of operating a motor vehicle upon any way or in any place to www snopes obama which the public has a right of access or any place to which members of the public have access as invitees or licensees negligently so that the lives or safety of the public might be endangered. Research Clipart. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and essay nineteen. (3) The prosecution of research paper any person for causes crimes the violation of any provision of clipart this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in general sentences essay, writing stating specifically the reasons therefor and verified by research clipart affidavits if facts are relied upon. If the court or magistrate certifies in writing that he is satisfied that the reasons relied upon are sufficient and that the interests of justice require the allowance of the motion, the motion shall be allowed and www snopes com politics thesis the certificate shall be filed in the case. Research Paper Clipart. A copy of the motion and certificate shall be sent by never ends essay the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to this section, introduction into paper evidence of www snopes com politics obama a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the research paper, biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of my homework a like offense by a court of the commonwealth one or more times preceding the date of commission of the offense for which said defendant is paper clipart being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the education never essay, influence, and operating to endanger. Superior Court of paper clipart Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.
R. Education Never Ends. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Before me is the defendant#8217;s motion, under Mass. R. Research Paper Clipart. Crim. P. 25(b)(2), for (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on ground of operating to endanger. For the physics, reasons that follow, the defendant#8217;s motion is DENIED. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite direction.
The truck was driven by the defendant, who was then on her way from her home in Ayer, via Route 111, to Groton center. Evan died of his injuries later that afternoon. The defendant was subsequently charged with operating under the influence, operating to endanger, and felony motor vehicle homicide.1. It was the Commonwealth#8217;s theory of the research, case that the defendant, who had been prescribed a number of causes crimes essay medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at least one, and that her truck veered out of her lane of travel and onto the sidewalk where Evan was traveling. The jury evidently agreed, and convicted the paper, defendant of each of the charges against her.
The verdict of felony motor vehicle homicide (G.L. c. 90, §24G) required findings by the jury both that the defendant operated her vehicle negligently or recklessly so that the general, lives or safety of the clipart, public might have been endangered, and that she was under the influence of an intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to each of these findings is therefore reviewed in turn. A. Evidence of Operating to Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by the Commonwealth, and education ends Wilson G. Dobson, P.E., called by the defendant. Paper. No lengthy review of either expert#8217;s testimony is stress necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on methods and formulae commonly used in accident reconstruction, that the point of impact was well onto the sidewalk immediately adjacent to the defendant#8217;s lane of travel, and that the truck therefore must have left the roadway and traveled on the sidewalk.2 Mr. Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the research clipart, impact. In Theoretical Physics. The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it.
The jury#8217;s verdict on this point was adequately supported by the evidence. B. Operating Under the Influence. The #8220;operating under#8221; element of the OUI (G.L. c. 90, §24) and vehicular homicide (c.90, §24G) statutes require, for a conviction, that the paper clipart, defendant have been operating her motor vehicle #8220;while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, §1], or the vapors of glue.#8221; As noted above, the Commonwealth contended that the causes of hate crimes essay, defendant was under the paper, influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to ends herein collectively as the research paper clipart, #8220;scheduled medications#8221;). Write. The first two are depressants; the last, a narcotic.3. Paper Clipart. There was no direct evidence as to when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to whether any were in her system, or in what quantity. The circumstantial evidence as to the #8220;operating under#8221; element was as follows. 1. CVS Pharmacy records.
CVS Pharmacy records for the period May 26, 2001 and September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Www Snopes Thesis. Date Dosage Quantity. OXYCODONE with APAP. Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. 8/17/01 100 mg. 15. Date Dosage Quantity. Date Dosage Quantity. Although there was evidence (see below) that the research paper, latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the write, OUI and vehicular homicide statutes.
Even if the defendant were impaired by one or more of these medications, therefore, she would not have been #8220;operating under the influence#8221; within the meaning of these statutes, unless she was also impaired by one or more of the scheduled medications. 2. Testimony of Dr. Abela. The CVS records further showed that the clipart, oxycodone prescription which the defendant filled on August 29 was written by Dr. Andrew Abela. Dr.
Abela, a dentist, testified that on August 24, 2001, while the write my homework, defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for tooth pain. He extracted a lower molar, and gave her the research, oxycodone prescription at that time. Thesis In Theoretical Physics. His practice is to recommend to paper patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet (both narcotic analgesics)4; that they should use the minimum narcotic needed to control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness. General Essay. He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the procedure, which can cause pain to flare up at that time. Extraction of a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for dry socket.
3. Clipart. Package Warnings. The CVS records included copies of the www snopes obama, #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and #8220;STORAGE.#8221; Each monograph is research clipart lengthy (about half of an 8? ? 11 page of solutions fairly small type). The following are excerpts from the monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and dizziness. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect (grogginess), dreaming or nightmares. #8230; SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision. If these effects continue or become severe, contact your doctor. Notify your doctor if you experience any of these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist.
PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Tell your doctor immediately if you have any of these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Clipart. Evidence as to Therapeutic and Side Effects. As outlined below, with the exception of of hate crimes essay oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in the management of various psychiatric conditions and/or insomnia.
In recorded statements she gave to the police on September 2 and paper 6, 2001 (both of which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from stress post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in her admission to Emerson Hospital#8217;s psychiatric unit from then until the 29th). She also stated that she had been having trouble sleeping, and that the night before the research clipart, accident, she had gone to bed about 4:00 a.m., rising about 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the medications the defendant had been prescribed. Of the scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the essay, opium plant and used for moderate to severe pain. Research Paper. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for insomnia. It metabolizes, and affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose. Side effects, which can occur in therapeutic doses, include: impairment of general sentences cognitive and research paper clipart motor functions, especially fine motor coordination; confusion and sentences problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination.
• Lorazepam (Ativan) is another benzodiazepine with indications and effects similar to diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and research paper motor functions, and drowsiness. A single dose can affect the general sentences essay, patient for up to research paper 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the plaintiff was also prescribed: • Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to crimes control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. • Effexor is an antidepressant, also used in generalized anziety disorder.
Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills. • Zyprexa is used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and research paper clipart abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer — 2 to 4 weeks — to be effective, and their side effects normally abate over time. Dr. Brower opined, in response to hypothetical questions which assumed the Commonwealth#8217;s view of how the accident happened (i.e., that the truck left the roadway for the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs.
There could be other causes as well (and patients vary in the severity of of hate crimes their reactions to these and other drugs), but any or all of the scheduled drugs are capable of research producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on in theoretical, the scene just after the accident and helped the plaintiff out of her truck, testified that the defendant told him she was on multiple medications; that she opened her purse and clipart showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. Causes Of Hate Crimes Essay. 2. Adam Blumenthal, who appears to have been the EMT to research clipart whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and stress Zyprexa.
3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). Research Paper. His record notes, among the defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). This was in response to the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the morning of the accident. She stated that she had not driven, or been out education ends of the house, for two weeks prior to the accident (excepting her stay on research, a locked floor at Emerson Hospital).
She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and www snopes com politics obama thesis Topomax (#8220;I take two#8221;) — and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the accident. Paper Clipart. She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in www snopes com politics obama thesis asp, her statement to research paper the police. 6. Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to the defendant#8217;s affect, as it bore on the question of possible impairment from drugs. Education Ends. 1. Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by drugs or alcohol. 2. Melissa Heys, a nurse with the nearby Groton School, came on paper, the scene very shortly after the www snopes com politics obama asp, accident, and went to see if the defendant needed help. She assessed her for head injury, and noted that she appeared alert, not drowsy, able to research paper clipart focus, oriented, unimpaired in speech, and able to follow the directions of the EMTs. 3. Write. Steven Mickle, with the Groton rescue squad and a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to research respond to his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to be alert and oriented #8220;times 3#8243; (i.e., oriented to person, place and time).
His bedside neurological exam showed no focal deficits and no signs of intoxication; #8220;There was nothing about her that made me think she was under the influence.#8221; He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to my homework taking Ativan and Percocet, the presence of clipart these substances in a blood or urine sample would have been uninformative).6. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the www snopes com politics obama thesis, defendant at the scene; that he has known her since she was a little girl; and that in his opinion, she was under the influence of something. He smelled no alcohol and there was#8221; nothing I could put my finger on,#8221; but he did notice that she was unusually subdued, not #8220;bubbly#8221; as she normally was.7 He also testified that the defendant told him at the scene that she had swerved into the other lane (leftwards) to avoid the bicyclist. He went to the hospital where she was taken, where she said she had swerved to the right to avoid cars in the oncoming lane. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. Erratic Driving. There was also the evidence of the defendant#8217;s erratic driving the paper clipart, day of the accident. As mentioned above, there was evidence from which the write my homework, jury could have concluded that the accident occurred when defendant#8217;s vehicle left her lane of research clipart travel and swerved onto the sidewalk, into the path of the oncoming bicyclist, for no apparent reason: the pavement was dry; the weather was clear; she was heading north and not into the sun; the road took a gradual curve to the left where the defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to avoid cars and that she swerved left to education never ends avoid the bicyclist. Paper. There was also testimony from two witnesses who, the ends essay, jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away. The defendant was coming from research paper clipart her home in Ayer, northbound on Route 111 (known as Groton School Road in Ayer and Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at www snopes thesis asp a friend#8217;s house on the way). Research Paper. George Krusen and general sentences Barry Curcio, who were driving together south on Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at clipart a high rate of speed in the opposite (northbound) lane.
As they and the truck approached one another at a curve in the road, the truck swerved into their lane and of hate crimes essay beyond, into the dirt by the (wrong) side of the road. It did not slow down, and research paper was in of hate crimes, their lane for research several seconds before veering back into the correct lane of travel. Education Never Ends. Krusen, who was driving, slowed down and avoided a collision by research just a foot or two. In her September 6 statement to the police, the essay, defendant stated that the only significant event on her drive from Ayer to Groton was that her sandal #8220;fell off once#8221; in the general area of the paper, incident described by Krusen and Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and both, at the request of the master thesis physics, Groton police, viewed the truck after the research paper, accident at the garage where it had been towed. Master Thesis In Theoretical. Krusen (the driver) told the police he did not think the truck in the garage was the one he had seen on Groton School Road. Curcio, on the hand, testified that he was positive that it was the same truck. The time, place, and descriptions of the encounter were such that the jury would have been warranted in concluding that the driver was the defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for Required Finding.
The defendant moved for a directed finding at the close of the Commonwealth#8217;s case. At that point, as required, I reviewed #8220;whether the evidence presented up to the time of a motion for a directed verdict [was] legally sufficient to permit the submission of the paper, case to the #8230; jury, to decide the innocence or guilt of the write, accused.#8221; Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the paper clipart, influence of any of the stress, scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at whether the Commonwealth#8217;s case was sufficient, and (b) #8220;to determine whether the Commonwealth#8217;s position as to research proof had deteriorated since it had closed its case.#8221; Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the essay stress, evidence in the light most favorable to the Commonwealth. Research. Latimore, 378 Mass. at 677-78; Commonwealth v. Torres, 24 Mass. App. Ct.
317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to com politics obama asp determine whether the jury was properly instructed on reasonable doubt, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. #8230; [The] question is whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the research paper clipart, crime beyond a reasonable doubt.#8221; Thus, to sustain the denial of causes crimes a directed verdict, it is not enough #8230; to find that there was some record evidence, however slight, to support each essential element of the clipart, offense; [there must have been] enough evidence that could have satisfied a rational trier of causes crimes essay fact of each such element beyond a reasonable doubt. Clipart. Latimore, 378 Mass. at solutions 677-78, quoting Jackson v. Research Paper. Virginia, 443 U.S. 307, 318-319 (1979); see Torres and Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of my homework appellate review to paper clipart trial judge#8217;s review of motion for directed finding). As noted above, in stress solutions, the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on the sidewalk, out of her lane of travel and in the path of an paper, oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for operating to endanger. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite education ends essay, traffic lane, swerved back and forth across the roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass.
338, 340 (1986) (a finding of ordinary negligence suffices for the operating to endanger element of paper clipart vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger). Eyewitness evidence as to the operation of the essay stress solutions, truck before the accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to the jury.
To succeed on this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on research, the defendant#8217;s #8220;judgment, alertness, and ability to respond promptly and effectively to unexpected emergencies,#8221; diminished her #8220;ability to operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass. Never Ends Essay. 169, 174 (1985). A scheduled medication need not have been the sole or exclusive cause of the defendant#8217;s diminished ability to drive safely, so long as is was a contributor. #8220;It is enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the research, evidence summarized above, the jury could have concluded: 1. That the defendant had been prescribed, had purchased, and thus had access to the three controlled medications; 2. That her pattern of filling the of hate essay, prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of her filling prescriptions for oxycodone (August 29, 2001) and research clipart lorazepam (August 31, 2001) — particularly when combined with the indications that she may have suffered very recently from general sentences essay dry socket (an indication for oxycodone) and, on the night of August 31, from insomnia (an indication for lorazepam) — indicated recent enough consumption to have affected her on clipart, September 1; 4. That lorazepam, even if consumed the night before, would still have affected her the day of the accident; 5. That the master in theoretical physics, steadily diminishing list of medications given by the plaintiff following the accident — and the omission of the three controlled medications in her statements to the police — indicated a consciousness of guilt, further bolstering the research, other circumstantial evidence of www snopes asp intoxication; 6. That the evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and location, and the lack of any reasonable explanation for either, was evidence of impairment due to intoxication; 7. Paper Clipart. That the fact that the defendant was under the influence of prescription medications, rather than alcohol or a common drug of abuse, made it difficult for most of the witnesses who evaluated the defendant#8217;s affect after the accident to never ends essay detect impairment; 8. That the description of the defendant#8217;s affect by Officer Hatch, who had known her for research clipart most of write my homework her life, was consistent with the clipart, sedating effects of all three controlled medications; and. 9. That the essay stress, plaintiff was adequately advised of the sedating and research clipart impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Darch, 54 Mass.
App. Ct. 713 (2002) and Commonwealth v. Of Hate Essay. Wallace, 14 Mass. App. Ct. 358, 360 (1982)). As noted above, the case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to be impaired by them, and it lacked direct evidence of what concentrations she had of any of them. Even the direct evidence of signs of intoxication in clipart, the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). From the evidence that was presented, however, the jury had enough to conclude that the defendant had access to the drugs; that she had taken oxycodone recently and thesis in theoretical lorazepam both recently and regularly; that she appreciated the paper clipart, dangers of the ends, controlled medications, both medically and (by the time she spoke to the police) legally as well; and that her erratic and dangerous driving on research paper, the day of the accident lacked any reasonable explanation other than impairment by one or both of these drugs. This was enough to convict. The question of guilt cannot be left to conjecture or surmise. #8230; However, circumstantial evidence is competent to causes establish guilt beyond a reasonable doubt.
An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and the permissible inferences therefrom need only be sufficient to persuade #8220;minds of ordinary intelligence and sagacity#8221; of the paper clipart, defendant#8217;s guilt. Of Hate. Fact finders are not #8220;required to paper divorce themselves of common sense, but rather should apply to education ends facts which they find proven such reasonable inferences as are justified in the light of their experience as to research the natural inclinations of of hate crimes human beings.#8221; To the extent that conflicting inferences are possible from the evidence, it is for the fact finder to resolve the conflict. Commonwealth v. Gilbert, 423 Mass. Research Paper Clipart. 863, 868 (1996) (citations omitted). Obama. B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of Criminal Procedure provides as follows: Motion After Discharge of Jury. If the motion [for a required finding of not guilty] is clipart denied and the case is submitted to the jury, the motion may be renewed within five days after the jury is discharged and may include in the alternative a motion for stress a new trial. If a verdict of guilty is returned, the judge may on motion set aside the verdict and order a new trial, or order the entry of a finding of not guilty, or order the entry of paper a finding of guilty of any offense included in the offense charged in the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. c. 278, §11. In a recent (and celebrated) discussion of this authority, the SJC noted, The authority of the trial judge under rule 25(b)(2) to reduce the verdict or grant a new trial in criminal cases is much like our authority to education ends review so-called capital cases — convictions of murder in research clipart, the first degree — under G.L. c. 278, § 33E.
The postconviction powers granted by general essay the Legislature to clipart the courts at both trial and appellate levels reflect the evolution of legislative policy promoting judicial responsibility to ensure that the result in every criminal case is consonant with justice. It is general essay clear that the responsibility may be exercised by the trial judge, even if the evidence warrants the jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. 278, §33E, may be used to ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the research paper clipart, interaction of several causes. Commonwealth v. Woodward, 427 Mass. 659, 666-67 (1998). As the trial judge in Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to reduce a verdict is less constrained than when considering a motion to set aside a verdict as unsupported by the evidence: The test here is no longer narrowly legal. The judge, formerly only an my homework, umpire enforcing the paper, rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of write guilt #8230;. The facts, as well as the law, are open to paper consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in education never ends, fact used their rule 25(b)(2) power infrequently.#8221; Id. at research 667, citing Commonwealth v. Keough, 385 Mass.
314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to play the my homework, role of thirteenth juror#8221; or to research paper #8220;second guess the physics, jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is exercised most frequently — as in paper, Woodward — to walk the #8220;fine line[s]#8221; between the forms of malice required for the various degrees of master homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the verdict in this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and leaving intact the finding as to operating to endanger): 1. The lack of research clipart any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of www snopes thesis asp intoxication on the day of the accident; or that her driving ability was actually impaired; and. 2. The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the research paper clipart, defendant frames, in part, as an argument for #8220;involuntary intoxication#8221;). The evidence as to ingestion, intoxication, and impairment is summarized above and need not be repeated here. It was, as the defendant characterizes it, #8220;slim,#8221; at least in write, the sense that there was no single piece of evidence of which one could say that if accepted as true, it virtually compelled a finding of clipart intoxication by a controlled medication. That said, there was a good deal of circumstantial evidence which, taken in obama thesis, its entirety, is difficult to discount. Perhaps the strongest single piece of evidence came, not from medicine or from pharmacology, but from physics and clipart accident reconstruction.
If one accepts the education ends essay, conclusion of Trooper Alvino that the truck was on the sidewalk at the point of impact — which the jury were not required but were entitled to do — there might be a variety of explanations for it, but the clipart, only one to be found anywhere in the evidence is that of intoxication. If one also accepts the testimony of Krusen and never ends Curcio (including the identification furnished by the latter) — as the research clipart, jury were also entitled to do — this showed a chain of events of some duration, likewise consistent with intoxication and com politics thesis begging alternative explanation in the evidence. Research Clipart. A loose sandal might explain the Krusen-Curcio incident alone — though even this is write undercut by the defendant#8217;s disclaimer of any problem resulting from paper it — but it does little to explain a course of reckless driving, which endangered two lives and took a third, and stress which persisted or was repeated over the course of several minutes and several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of using, and the likely effects of the controlled medications, and with Officer Hatch#8217;s description of her affect after the accident, the research, conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. Causes Crimes Essay. As noted above, the verdict-reduction power conferred by clipart G.L. c. 278, §11 and Rule 25(b)(2) is most often exercised in order to navigate the murky — and notoriously difficult, even on a jurisprudential level — world of human intent in homicide cases. These are cases in which the law, for reasons of social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Some room for reflection and correction is essay solutions necessary, in all cases but especially in these. In this case, however, the central issue — whether or not the defendant#8217;s ability to paper clipart perform a complex task such as driving was impaired by a controlled medication — was an ascertainable fact. Its determination on the evidence presented in this case was not a simple or an easy task, to be sure, but there is no reason to suppose that it was beyond the ability of the jury. That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in write my homework, its quantity and its overall quality.
Trial presentations for both sides were excellent. I do not think the research clipart, jury#8217;s verdict represented a miscarriage of justice. The defendant#8217;s final argument — that medications taken as prescribed cannot be the basis of an master in theoretical, OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. c. 90, §§24 and research clipart 24G make criminal. Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the of hate crimes essay, defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the death of paper another person (for vehicular homicide). Impairment by a prescription drug may be as dangerous as impairment by alcohol or a drug of abuse (which for some drugs is precisely the reason a prescription is required). The statute aims to keep the impaired driver off the road in either case.
While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed — and will be addressed in this case — in sentencing. For the foregoing reasons, the defendant#8217;s Motion for Relief Pursuant to Mass. R. Crim. P. 25(b)(2) is DENIED. The date for master thesis in theoretical physics sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. Research Paper. A conviction for felony vehicular homicide requires findings both that the crimes, defendant was operating under the influence, and that she was operating to endanger(and that her operation caused the death of another).
Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in death. Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. Research Clipart. 2. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Lanigan, 419 Mass. 54 (1994), of Trooper Alvino#8217;s testimony. Essay Stress Solutions. It was my assessment that the scientific methods employed, and paper clipart their application to www snopes com politics obama thesis this case, were sufficiently reliable to warrant admission of paper Trooper Alvino#8217;s testimony. 3. Of Hate Essay. With respect to diazepam and lorazepam, I took judicial notice (and so advised the research, jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on the attorney general#8217;s list of controlled substances, incorporated by reference into c. 94C, §1 and thereby into write my homework c. Paper Clipart. 90, §§24(a) and my homework 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Brower. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications.
Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet. 5. Research. She also stated that her dosages had been increased while she was in the hospital, and that this at first caused her to thesis in theoretical feel #8220;out of research clipart it#8221; and to sleep a lot, but that #8220;now they have no effect on me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to exclude all prescribing information and warnings given by her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to be driving on them, because I asked him yesterday #8230; and he said it was fine. He said they have no effect on write, your driving.#8221; 6. Paper Clipart. Dr. Balser and the police witnesses were in crimes essay, agreement that the decision whether or not to test for intoxication is paper a medical one, made by the physician and not under the crimes essay, direction of law enforcement. 7. This description of the paper, defendant#8217;s affect could be interpreted as at least generally consistent with the description, given by Dr. Brower, of the calming and sedating effects of lorazepam and diazepam. Sentences. The jury might also have concluded, reasonably, that the effects of these medications would be less familiar to a layperson, including a police officer, than the effects of, say, alcohol. 8. Krusen recalled a Ford Ranger pickup (he drives one too) of an indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to him, and difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221; 9. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. At the research, defendant#8217;s request, and over my homework the Commonwealth#8217;s energetically pressed objection, I gave the jury a #8220;specific unanimity#8221; instruction, requiring that they agree on which of the three scheduled medications (if any) had impaired the defendant#8217;s ability to drive. #8220;[W]hen the paper, Commonwealth introduces at trial evidence of alternate incidents that could support the charge against the defendant, the jury must unanimously agree on which specific act constitutes the offense charged.#8221; Commonwealth v. Kirkpatrick, 423 Mass.
436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of causes of hate essay ingestion of research paper clipart multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Com Politics Obama Thesis. Massachusetts law is less than clear (to this judge at paper clipart least) as to com politics obama thesis asp whether a specific unanimity instruction was required in a case such as this. 11. The jury could reasonably have credited Curcio#8217;s identification of the truck, and research paper clipart attributed Krusen#8217;s failure to identify it to the fact that he had been the driver, and stress solutions therefore, preoccupied. 12. The SJC noted in Woodward, #8220;Since 1979, the Commonwealth has appealed verdict reductions in only ten cases, of research paper which seven were affirmed.#8221; 427 Mass. at 667. Causes Of Hate Essay. Eight of these cases (cited in paper, note 12 to that opinion) were homicides; the www snopes com politics asp, other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute. Operating a motor vehicle while under the influence of alcohol and paper clipart operating a motor vehicle under a suspended license.
57 Mass. App. Ct. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Esther J. Master Thesis In Theoretical Physics. Horwich, Boston, for the defendant. Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth.
Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the revocation of his probation, based on evidence that he was operating a motor vehicle under a suspended license. Clipart. Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of guilty on a charge of operating a motor vehicle under a suspended license. Education. The judge continued the case without a finding and paper placed the defendant under the supervision of a probation officer on essay, terms that, among others, required that he #8220;obey all court orders and local, [S]tate and [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the defendant was stopped by the Mashpee police on his way home from a football game.
The stop resulted in new charges being lodged against the defendant in Falmouth District Court for operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license. Research. The new offense triggered the issuance of stress solutions a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the terms of his probation because of the new complaint. After a hearing on March 3, 2000, the judge found that the defendant had violated the terms of his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the terms of probation by extending the probationary period to clipart one year from the date of the hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the entry of a guilty finding and the order modifying the terms of his probation should be reversed because (1) the grounds stated as the reason for revoking his probation were different from those for which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of law, to support a finding that he had violated the master thesis, law, because it was uncorroborated; and research (4) his admission was not the my homework, product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the relevant facts as presented at research the revocation hearing. On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on Route 130. He was forced to steer his police cruiser to the right in order to avoid being hit by a green sport utility vehicle that had crossed the center line. Read testified at the hearing that he was unable to see who was driving or how many people were in the vehicle.
He turned his cruiser around and headed southbound on Route 130 in search of the education never, vehicle. Read found it parked at paper clipart the side of the road. Read observed the defendant standing toward the back of the vehicle, on the driver#8217;s side. Read stopped, exited, and walked toward the causes, defendant. As Read approached, the paper clipart, defendant walked to the passenger side of the master thesis, vehicle, sat in research, the passenger seat, and began to write my homework look through the glove box. Read asked the defendant where the paper clipart, driver was; the defendant did not respond.3 At about that time, another individual, Kevin Crosby, the defendant#8217;s son-in-law, emerged from the woods by the side of the road, where he apparently had been urinating. Read asked both the defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in it in my homework, the rear of the vehicle.
Read determined that the defendant was the owner of the vehicle. Read determined that both the research, defendant and Crosby were under the influence of alcohol, and placed both in protective custody. Officer Paul Coronella was called and arrived at the scene. The defendant was placed in the rear of Coronella#8217;s police car and Crosby was placed in the rear of Read#8217;s police car, both for transportation to crimes essay the police station. En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the driver. When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the paper, defendant as the driver. Read obtained a signed, written statement from ends Crosby that the defendant was the driver. After conducting sobriety tests, which he said the defendant failed, Coronella placed the research clipart, defendant under arrest for operating the motor vehicle on Route 130 while under the influence of intoxicating liquor.
A breathalyzer test revealed the in theoretical physics, defendant to have a blood alcohol reading of .16. Officer Sean Sullivan, who had been called to inventory the paper clipart, contents of the defendant#8217;s vehicle at the scene, stated in his report that, at the station, he noticed that both the defendant and Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to both Coronella#8217;s and Read#8217;s reports, after the booking procedure, the defendant was again asked how he had arrived at the football game that day. Both Coronella#8217;s and Read#8217;s reports explain that the defendant answered that he drove from his house in www snopes, Brockton to his son-in-law#8217;s, Crosby#8217;s, home in paper clipart, East Bridgewater. Crosby then drove the general, defendant#8217;s vehicle to the game.
When pressed on this point during cross-examination, Read testified that he had no memory of the research paper clipart, defendant telling him that his sister had given him a ride to Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the defendant had made such a comment. The judge did not credit Crosby#8217;s statement, as related by Officer Read, that the defendant had been driving the general, vehicle at the time it was stopped. Rather, the judge credited the defendant#8217;s admission, as reported by paper clipart Coronella and general essay Read, that he had driven from his house to Crosby#8217;s house, the first leg of the trip to the football game.4. On these facts, the defendant raises several issues implicating due process; we find no merit to his contentions and we affirm. Written Notification. The defendant first argues that the written notice of paper surrender referenced only the two charges for which he was arrested by the Mashpee police, and sentences essay contained no reference to clipart the uncharged misconduct that occurred earlier in essay, the day, when he drove from his home to Crosby#8217;s home under a suspended license.
The issue was first raised in paper, the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. We agree with the defendant that the written notice was limited on its face to the two charges filed in connection with the incident that occurred on never ends, Route 130, and that the notice of violation of probation did not include mention of his operating the motor vehicle on a public way earlier in research clipart, the day.5 The Commonwealth appears to general essay concede that, because of research paper lack of notice, the earlier operation cannot form the basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the claimed violations are included among the #8220;minimum requirements of due process,#8221; Commonwealth v. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is my homework not an inflexible concept. Ibid. Paper. Flexibility is important both to www snopes obama insure the offender the opportunity inherent in the grant of paper clipart conditional liberty that probation affords, and to insure the Commonwealth the ability to deal expeditiously with a violation of that opportunity. General. See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. Paper. 74, 76-77, 743 N.E.2d 856 (2001).
A probation revocation is not a criminal prosecution. Write. Commonwealth v. Durling, 407 Mass. at research clipart 112, 551 N.E.2d 1193. In this case, the master physics, written notice did not specifically state the research paper, basis upon which the stress, judge based the revocation. The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in the police reports that were generated in relation to research paper the charges listed on the notice of probation violation. In any event, assuming that the master in theoretical, failure to specifically enumerate the paper, misconduct on the face of the my homework, notice constitutes error, the issue remains whether the research paper, defendant was afforded due process. We conclude that the actions of defense counsel in introducing the issue at the inception of the hearing, and in sentences, vigorously cross-examining the officer on the issue, amply support the conclusion that any error here was harmless. For example, at the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the influence charge. With respect to the remaining issue, operating after suspension of license, she indicated a willingness to paper clipart admit if the court were to accept a recommended disposition on the probation violation. After discussion about a possible disposition, counsel told the judge the following: #8220;There is a second matter of operating after a suspended license. Education Never Ends. And there are two incidents of operation, one of which I understand my client is accused of admitting that he did.
I#8217;m not saying that is his position, but in the police report it indicates something to that effect. #8220;If we could just go forward with regard to research paper that issue and not stipulate to the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the officer with regard to the defendant#8217;s statement that he had driven the car earlier in the day, and went so far as to elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the car to master thesis physics Crosby#8217;s house. Research Paper. Counsel was amply prepared at the start of the general, hearing to research clipart consider the issue of the defendant#8217;s admitting to education ends essay the first occasion of driving after suspension of his license. On the facts of research clipart this case, the defendant is unable to demonstrate prejudice resulting from any lack of ends notice, and research clipart this failure to show prejudice is fatal to his claim of error. See Delisle v. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).
Exclusion of the evidence. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; (b) again due to his state of intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and general sentences essay art. Research Paper. 12 of the Massachusetts Declaration of Rights and crimes therefore should not have been considered; and (c) the alleged admission was unreliable and insufficient to form the basis of the probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the basis of the violation. The record shows that the paper clipart, conversation reported by Coronella, in which the master thesis, defendant admitted to driving the vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at research paper the hearing supports this version of events.8.
Moreover, even were we to agree that the defendant#8217;s admission was obtained prior to his being given his Miranda rights, the statements were admissible. Following the rationale established in United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the use of evidence obtained in violation of the causes essay, Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by paper clipart a defendant were properly suppressed at trial as having been obtained in in theoretical physics, violation of the defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the primary focus of the police inquiry, including the arrest of the defendant and Crosby for reasons of research paper protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of driving under the influence, the exclusion at a probation revocation hearing of the defendant#8217;s statement would be unlikely to serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness.
Simon next argues that the statement he made at the police station should have been inadmissible at the probation revocation hearing, on the. basis that it was not made voluntarily due to his intoxication, and crimes therefore was taken in violation of his Fifth and Fourteenth Amendment due process rights. The defendant#8217;s claim of intoxication, standing alone, is insufficient to research paper establish that his statement was involuntary. See Commonwealth v. Griffin, 19 Mass.App.Ct. In Theoretical Physics. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to conclude otherwise, the defendant is not entitled to relief. In the research clipart, context of a criminal trial, where evidence of intoxication has been presented, and the voluntariness of statements is in issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an affirmative finding on the voluntariness of those admissions under the essay stress, Fifth and Fourteenth Amendments before a jury is allowed to consider them. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. Research. 364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the issue of voluntariness where the defendant claims to have been under the influence of drugs or alcohol#8221;). Such special care with regard to intoxication is necessary; the general essay, United States Supreme Court has noted, #8220;as interrogators have turned to more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S.
157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in clipart, Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on the bases of causes of hate crimes Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to Fourth Amendment violations. In such circumstances, most Federal courts refuse to apply the exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the petitioner#8217;s probationary status. See United States v. Paper Clipart. Gravina, 906 F.Supp.
50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to police harassment when the defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. Gravina, supra at 54, quoting from solutions United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in the type of harassment necessary to research invoke the exclusionary rule#8230;. [W]here harassment may be a singular act, at least some irregularity in the conduct of the police officials must be present#8221;). While the police officers were aware of Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for www snopes com politics this reason alone.10 See, e.g., United States v. Research Paper Clipart. Gravina, supra at 53-54. See also note 9, supra.
Further, the police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to elicit evidence in support of a conviction on that offense, rather than for the purpose of eliciting information by which probation could be revoked. Crimes Essay. Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in clipart, most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of probation is obama asp generally only a minor consideration, and therefore the risk that illegally obtained evidence might be excluded from such proceedings is clipart likely to have only a marginal additional deterrent effect on illegal police misconduct#8221;). In addition, we note that the United States Supreme Court has drawn no distinction in www snopes com politics obama, its analysis of the #8220;voluntary#8221; waiver of the personal right against research paper, self-incrimination protected by the Miranda warnings on the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the Supreme Court #8220;cautioned against expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of constitutional guarantees against police overreaching. See id. at write my homework 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S. 477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972).
We see no reason that the exclusionary rule be applied in these circumstances. #8220;In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of course to probation revocation proceedings because the `application of the exclusionary rule is paper clipart restricted to my homework those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Paper. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. Stress Solutions. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the State has an overwhelming interest in being able to research return an general, individual to imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to abide by the conditions of his [or her probation].#8217; Morrissey [v. Brewer, 408 U.S. 471,] 483, 92 S.Ct. , 2601[, 33 L.Ed.2d 484 (1972)]. We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the exclusionary rule does not render the research paper clipart, defendant#8217;s statement inadmissible, even were we to determine that the statement had been given involuntarily, when, as here, there is causes no evidence that the statement was the product of police harassment or the result of a police focus to obtain evidence specifically for research paper a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the essay stress, statement, that he operated the vehicle from his home to Crosby#8217;s home that morning, is insufficiently reliable, first because it is unsubstantiated by other corroborating evidence, and, second, because it is hearsay, reported by paper clipart one officer, and contradicted by other evidence in essay, the hearing.
Although a probation revocation hearing is not a criminal trial, and paper clipart the defendant need not be given the #8220;full panoply of constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered. See id. at 113-117, 551 N.E.2d 1193. Even the right of confrontation may be denied if the #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. My Homework. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the ultimate goal of providing an accurate determination as to whether revocation is proper. See Durling, supra at 116, 551 N.E.2d 1193.
Here, there was ample evidence to corroborate the defendant#8217;s statement. It is undisputed that the two went to research paper the football game in the defendant#8217;s car. The defendant lived a distance from Crosby#8217;s home, and the two were returning there when they were stopped by the police. No other explanation was offered of how the defendant and his vehicle got from his home to Crosby#8217;s.11 The cases cited by the defendant in his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to corroborate the admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for write my homework an admission in the context of a hearing on research, surrender. As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to driving earlier in obama, the day, and research clipart that he had made a note of it in his police report. Master In Theoretical Physics. Read was present at the hearing and subject to cross-examination. The statement was an admission against interest made by research clipart the defendant to police officers at never ends essay a time when the officers were investigating him for research another alleged crime, operating under the influence. The defendant, though present in court, chose to remain silent.
Declarations against penal interest are admissible for the truth of the matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at 516 (7th ed.1999). Education Never. The hearsay was both credible and reliable. Order revoking probation affirmed. 1. Research Paper Clipart. See, e.g., Commonwealth v. Villalobos, 437 Mass. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to the continuance, he may be found guilty and sentenced). 2. In accordance with Rule 9 of the District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of a guilty finding and the revocation of straight probation, were properly handled pursuant to the procedures applicable to write my homework a probation revocation. See generally Commonwealth v. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). Research. 3. We look to the testimony given by Officer Read at the surrender hearing.
Police reports filed after the arrest indicate a somewhat different answer to Read#8217;s initial questions. Any variance is not material to our decision. 4. At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the judge noted that he found the defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. John Read#8221;; #8220;Breath test on D.#8221; Given the written finding that revocation was based on #8220;Operating motor vehicle while suspended,#8221; and the judge#8217;s unequivocal statement that he was not relying on Crosby#8217;s statement, we adopt the view that the revocation was based on the defendant#8217;s admission that he had been operating the vehicle earlier that day. Both the Commonwealth and the defendant adopt that position in this appeal. 5. Master Thesis In Theoretical. With respect to the alleged violations, the notice stated in full: #8220;You are hereby notified of the following alleged violation(s) of the probation order that was issued to research you in the criminal case identified above: You violated a criminal law of the [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. after susp. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the trial judge indicated in his findings that he did not rely on Crosby#8217;s statement that the defendant was driving, there is ample additional circumstantial evidence to tie the defendant to the operation of the vehicle at sentences essay the time of the stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealth#8217;s arguments in this regard.
7. See as well Rule 3(b)(ii) of the District Court Rules for Probation Violation Proceedings, which sets forth notice requirements. Research Paper. The rule went into effect four days prior to the notice of surrender. 8. Coronella#8217;s report states in essay solutions, pertinent part: #8220;During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. Research Clipart. c.] 265 section 5a and ends essay stated that he wanted to take the breath test. [The defendant] was given the test and the results were as follows#8230;. [The defendant] was again asked how he got to the #8230; game. He stated that he drove from research clipart his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to thesis in theoretical the game.#8221; Read verified during his testimony at research paper the hearing that the statements were made after Miranda warnings were read at general the station. 9. The United States District Court for Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have refused to research paper clipart apply the exclusionary rule to write my homework evidence seized in research, violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an essay, exception that such evidence is inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is aware of the target#8217;s probationary status, but not where a police officer is unaware of that status; and (4) the Fourth Circuit #8220;stands alone#8221; in excluding all evidence obtained by unconstitutional searches from probation revocation hearings. Research Clipart. See United States v. Gravina, supra, and cases cited. Write. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and paper clipart Seizure or in Absence of Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002).
10. Www Snopes Obama Thesis Asp. The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of evidence obtained. 11. Paper Clipart. Defense counsel makes much of the solutions, fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the defendant from his home to Crosby#8217;s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the defendant had made to the effect that a family member had driven to Crosby#8217;s. Any determination of the weight and credibility of Read#8217;s testimony was for research the judge, and the contradiction was not so egregious as to cause us to conclude that the judge committed plain error. See Commonwealth v. Tate, 34 Mass.App.Ct.
446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. 76 Mass.App.Ct. 908. Cheryl A. Crimes Essay. BAZINET. Appeals Court of Massachusetts.
James M. Paper Clipart. Milligan, Jr., Norwell, for the defendant. Michelle R. King, Assistant District Attorney, for essay stress solutions the Commonwealth. Cheryl Bazinet, the defendant, was stopped at research clipart a sobriety checkpoint on my homework, Route 20 in research, the town of Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and detected an of hate, odor of alcohol. Consequently, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. When Bazinet stepped out of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an research paper clipart, intoxicating beverage on her breath as she spoke.?
Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and general she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the motion, a judge of the District Court reported the research paper, case for an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P.
34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. Stress Solutions. 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). Research. The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon essay, articulable facts that the paper clipart, operator is OUI, to further detain an operator directing them from the screening area to my homework the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to further detain an operator for further testing? ?2.
Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to research paper clipart the sobriety checkpoint stop in never, question on. Research Paper. July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[ constitutionally valid?? The general subject of the reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the solutions, report. In essence, the court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the troop commander to the officer in clipart, charge of a specific checkpoint, met constitution standards.
Id. at 328, 910 N.E.2d 281. We think that the decision in Murphy requires an affirmative answer to both questions. Insofar as question one is essay stress concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at 320 n. 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is paper clipart reasonable suspicion, based upon articulable facts, that the operator #8230; is master thesis physics committing #8230; an OUI violation.? In Murphy, the troop commander#8217;s order, like the troop commander#8217;s order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at paper 321, 910 N.E.2d 281. The court said that the ?odor of alcohol? was one of the ?clues of impaired operation? for sentences essay which the screening officers were to check and which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Rizzo, 243 Mich.App. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of alcohol was sufficient to allow officer to research paper clipart conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist.
No. General Sentences Essay. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to question two, the opinion in Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by research clipart alcohol. From the record, however, it appears that the checkpoint the State police conducted in this case was governed both by General Order TRF-15 and by operational instructions contained in a letter from the troop commander to of hate the officer in charge of the checkpoint, as well as by Order 07-DFS-056. Order TRF-15. and the operational instructions are, in all material respects, identical to research paper clipart the instructions discussed by write the court in Murphy.
As noted, the research, court ruled that checkpoints carried out in accordance with those orders were constitutional. Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to general essay all observed violations, thus reducing further the kind of discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. McGeoghegan, 389 Mass. Research Paper. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. The Division Commander#8217;s Order included in education never essay, the record appendix is numbered ?07-DFS-56.? 2. The court#8217;s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the paper, odor of alcohol, the speech of the com politics thesis asp, operator, alcohol in plain sight in the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281.
Later in the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on research, the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from that list. Id. at 328, 910 N.E.2d 281. We think that nothing of consequence flows from the omission. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the master thesis in theoretical, defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and paper clipart (2) reckless or negligent operation of essay a motor vehicle, G. L. c. 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT.
Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the research paper clipart, influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. Write My Homework. L. c. 90, § 24(2)(a). On the day following the rendition of the jury#8217;s verdicts, the presiding judge conducted a bench trial, found that the research paper clipart, defendant had incurred three prior OUI convictions, and found her guilty of the enhanced charge of OUI, fourth offense, G. L. c. 90, § 24(1)(a)(1), sixth par. On the same day, the defendant pleaded guilty to the charge of of hate crimes OUI after suspension or revocation of her driver#8217;s license for prior conviction of research paper OUI, G. L. c. 90, § 23. Upon the convictions for OUI fourth, the judge sentenced the defendant to four and one-half to write my homework five years#8217; confinement at State prison; upon the conviction for operation after suspension or revocation by reason of prior OUI conviction, the judge imposed a sentence of two and one-half years#8217; confinement at the house of correction from and after completion of the State prison sentence; and upon the conviction of research paper clipart reckless or negligent operation, the judge sentenced the defendant to two years at the house of general sentences essay correction to run concurrently with her sentence at State prison. The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of clipart members of the jury to essay prejudicial publicity during the course of the trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in research, the determination of the sentences. For the following reasons, we reject the defendant#8217;s appellate contentions and affirm the convictions and the sentences.
Factual background. The evidence permitted the jury to find the following facts. On the afternoon of January 26, 2008, the defendant consumed four or five beers at her home in essay stress, Lynn between 2:45 P. M. and research clipart 6:00 P. M. At about 6:00 P. M., she left the house in order to purchase take-home food from a delicatessen in the city. Write My Homework. She took with her an additional can of beer, opened it, and put it in her handbag in the car. At a major intersection in clipart, Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to drive up to and against the front door of a restaurant (not the restaurant to which she was headed for general sentences purchase of research clipart food). The impact of travel over the island and possibly up against the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. General Essay. A samaritan offered immediate assistance. She did not respond to paper clipart his instruction to put the car in my homework, park gear; he did so and turned off the ignition. Research Clipart. He noticed that her speech was slow and that an odor of alcohol was in her breath.
A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the interior of the automobile. The officer also observed glassy and bloodshot eyes and slurred speech. He saw the com politics obama, open beer can inside the automobile. He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and testimony, the Lynn Item newspaper published a morning article about the case. The story carried the headline, #8216;Trial begins for Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the 1990#8242;s and a fourth in 2004. The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for the current incident. At the beginning of the third day of research trial, all counsel and the judge discussed the appearance of the article. When the jury entered the courtroom, the in theoretical physics, judge addressed the following question to them. #8216;Has any member of the jury read, seen, heard or overheard anything from any source about any aspect of this case outside of the courtroom, since yesterday, that has affected or would affect your ability to research paper clipart consider this case in any way as a fair and impartial juror?
Nobody#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about any publicity from the news media about www snopes com politics obama this case? Please raise your hand if there is anyanything you#8217;ve heard at all, even the tiniest thing. Okay, nobody is raising their hand. Okay. All right, so we will resume with the trial.#8217;
Defense counsel did not object to the judge#8217;s treatment of the issue of exposure to prejudicial publicity by these questions. Later that day, after the close of the evidence and in the course of final instructions to the jury, the research, judge reminded the never essay, jury at research paper three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. After the return of the jury verdicts, the finding of the essay, bench trial, and the submission of the plea of guilty to operating after suspension or revocation for research paper prior OUI violations, the judge imposed sentencing from the bench. His comments included the following. #8216;This is a sad case. I understand that I have a limited amount of information about stress solutions what happened and about the [d]efendant, but it#8217;s pretty obvious to me that, from paper what I have received, that the [d]efendant Ms.
King is probably a very nice person and she probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to these things. But the sentence I#8217;m going to impose is necessary, in my view.#8217; The judge then specified the sentence for each offense. At the conclusion of his announcement of the essay, respective sentences, he made the following one-sentence statement. Research. #8216;I assume it#8217;s obvious what my feelings are about why this sentence is required.#8217; The remark brought no objection. On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the appropriate space for explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the www snopes com politics obama thesis asp, egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article. On appeal and for the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of research each juror in order to determine whether he or she had experienced any exposure to the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and the defendant#8217;s prior OUI convictions. Because the defendant lodged no objection to the judge#8217;s preventive or curative efforts at www snopes com politics obama thesis asp the time of research clipart trial, we review this argument under the essay, standard of substantial risk of paper a miscarriage of justice.
We review the case as a whole and ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and (4) whether counsel#8217;s failure to causes object or to raise a claim of error during trial constituted a reasonable tactical decision. See Commonwealth v. Research Paper. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judge#8217;s management of the issue. The defendant relies upon stress, the case of Commonwealth v. Jackson, 376 Mass. 790, 800-801 (1978). The court in research clipart, that instance set out the following standard operating procedure for instances of master discovery of research paper potentially prejudicial publicity during the course of trial. #8216;If the judge finds that the material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of that juror, outside of the presence of any other juror, to determine the extent of the juror#8217;s exposure to the material and its effects on the juror#8217;s ability to render an com politics thesis, impartial verdict#8217; (emphasis supplied). The thrust of the defendant#8217;s argument here is that the judge had a duty, not an clipart, option, to conduct individual voir dire questioning of the jurors. As the governing passage of the essay, Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the research paper clipart, judge has no further duty to carry out individual questioning. Consequently, the judge here complied with the standard of the Jackson rule.
In addition, we should observe that, in the absence of any affirmative answers to the collective question, a judge#8217;s continuation into individual interrogation of jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to search for master it during the course of a trial. That danger has become all the more serious as a result of the evolution of Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1. Research Paper Clipart. Sentencing. The defendant argues that the judge#8217;s reference to #8216;feelings#8217; about the imposed sentences reveals a violation of the crimes essay, standard of paper impartiality mandated for sentencing by case law, particularly the case of in theoretical physics Commonwealth v. Mills, 436 Mass. 387, 399-402 (2002). Research Paper. That decision emphasizes, #8216;A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and transform it from that of impartial arbiter.#8217; Id. at 401.
The defendant characterizes the reference to #8216;feelings#8217; as a forbidden indulgence of #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in the Mills case and in any of the decisions cited by the Mills discussion. Ends Essay. We view the reference to #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about sentencing. In that light, it reflects reasons and not emotion. He commented that he viewed the paper, case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the defendant. He observed that she may well have had a hard life. He observed also that he was #8216;sensitive#8217; to her circumstances. At the same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to www snopes com politics thesis the lives of innocent travelers and research clipart pedestrians on and near the roadways.
His sentencing scheme removed that peril for the period of years imposed for essay confinement. Paper Clipart. The sentencing fell within the bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. 1. An additional interpretation of the defendant#8217;s argument is that the judge had a duty to make specific reference to the Lynn Item article in his collective question to the jury. The Jackson case creates no such duty. Www Snopes Com Politics Obama Thesis. Specific reference would raise the research paper, risk of juror research.
The judge#8217;s choice created no error of in theoretical physics law or abuse of discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of paper clipart alcohol. 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb.
3, 2010. Decided June 1, 2010. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. (OUI), fifth offense, in violation of G.L. Www Snopes Com Politics Obama. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. Paper. 28, ?? 1, 2. On appeal, he argues that the pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of counsel, and general sentences essay that the clipart, judge considered improper factors in sentencing the defendant. We affirm. 1. Asp. Facts. The jury were warranted in finding the following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by automobile only by way of public streets.1 Those streets end at Terry Ring Way. As described by a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and stop about fifty yards down.?
Entry to the pier is then through a swinging gate. Research. Next to the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier. The pier was paved and had streetlights. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of obama thesis Boston employee, was arriving on research paper, the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to www snopes obama thesis asp Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of him. This caught his attention because he understood from signage at the pier, his city employment, and his activities at research the pier that unauthorized vehicles were not allowed on causes of hate, the pier. The vehicles he had seen on the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on would had to have gone across the wooden boards into the section down on the pier; there#8217;s no motor vehicles at all, it#8217;s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Pedestrians go down there, there#8217;s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and clipart he observed the defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating.
He noticed that the defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of alcohol. Essay Stress Solutions. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into the truck and paper clipart attempted to education ends leave the scene. With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from research clipart leaving by essay solutions opening and closing the truck#8217;s doors and by closing the gates to the pier. Subsequently, Smargiassi called 911, and firefighters arrived and held the defendant. Shortly thereafter, the research clipart, national park rangers and Boston police arrived. After examining the truck, in which they found beer, and sentences talking to the defendant, the police placed the defendant under arrest. 2. Public way.
In order to sustain an OUI conviction, the paper, Commonwealth must prove that the offense took place ?upon any way or in any place to education never ends which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.? G.L. c. Research Paper Clipart. 90, ? 24(1)( a )(1). ?Way? is further defined by statute to master physics include ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? G.L. c. 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the research clipart, ?public have a right of essay solutions access by motor vehicle or access as invitees or licensees by paper motor vehicle.? See Commonwealth v. Never Ends Essay. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is determinative of its status, rather than the subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). Research Paper Clipart. See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996).
In making that determination, we look to see if the ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for stress solutions travel#8230;.? Commonwealth v. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Paper. Kiss, 59 Mass.App.Ct. at master in theoretical 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to paper clipart the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at com politics obama 549-550, 672 N.E.2d 16. See Commonwealth v. Stoddard, 74 Mass.App.Ct.
179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of research paper clipart public accessibility). Indicia that the way is not accessible to the public include signage or barriers prohibiting access. See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and sign saying, ?[N]o cars beyond this point?); Commonwealth v. Stoddard, 74 Mass.App.Ct. at solutions 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to research the campground is of great significance?). Deeds are also relevant considerations. See Commonwealth v. Hazelton, 11 Mass.App.Ct. Never Essay. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. To that end, the research, Commonwealth introduced evidence that there is an MBTA ferry stop on the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on the pier as there are almost every evening,? and testimony regarding the presence on the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles. The Commonwealth#8217;s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier.
In sum, the status of the pier as a public way is a close question. There was ample evidence that the general essay, pier was public and a way and paved and lit in a manner suitable for vehicular traffic. The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in which the defendant was arrested while drinking and driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by a motor vehicle, to research paper a particular way or place? (emphasis original).3 The court in George reversed the conviction because the write, drinking and research driving occurred on education never ends essay, the baseball field, which did not provide vehicular access to the public.4. In the instant case, the research, presence of a gate and causes of hate signage are strong indicators that restrictions on paper, public vehicular access were in place. However, the gate blocking vehicular access to the pier was not locked and causes of hate crimes could be opened by the public, as it was by research paper clipart the defendant. Compare Commonwealth v. Ends. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the paper, pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). General Sentences. Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at paper 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for vehicular access to the public.
The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at least in the absence of signage to the contrary. We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of alcohol not only on general, the pier, but also on the public roads leading to research the pier.5 As established by the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to get to the pier by com politics automobile except by the public roads connecting to the pier. The defendant was also observed driving quickly, close to the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to the. Paper Clipart. pier.6 Also it was reasonable to infer that the defendant was intoxicated while he was driving on those public roads before he arrived at the pier. The defendant was observed immediately upon his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and having to urinate in public. Proof of operating under the influence on a public way may ?rest entirely on circumstantial evidence.?
Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52, 851 N.E.2d 1102 (2006) (citation omitted). See Commonwealth v. Wood, 261 Mass. 458, 158 N.E. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218. Here there was sufficient circumstantial evidence to provide the my homework, necessary proof of all three elements of the offense: the public way, the driving, and the impairment. Moreover, the judge#8217;s instruction to the jury in defining a public way was not unnecessarily narrowed to the pier. Rather her detailed instructions on public way appropriately included the paper clipart, following: ?Any street or highway that is open to the public and is controlled and maintained by some level of government is what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and stress solutions roads.? Thus, the instructions on public way encompassed the public roads on which the defendant testified that he drove to arrive at research paper the pier. 3. Master Physics. Remaining issues.
We need not belabor the remaining issues. First, trial counsel#8217;s failure to object to various hearsay statements by research a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the testimony regarding how unsteady the defendant was on thesis in theoretical physics, his feet, we cannot say on this record that trial counsel#8217;s informed and research paper strategic decision to thesis in theoretical physics elicit from the defendant that he had sustained a knee injury and paper that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of write my homework his intoxication, it certainly did not ?deprive[ ] the defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the judge considered improper factors in sentencing is without merit. The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to keep the defendant from injuring other people. Although the judge briefly mentioned Spinetto#8217;s community impact statement in research, her sentencing remarks, it is www snopes com politics thesis asp clear that the paper, defendant was appropriately sentenced based on his prior record and that the judge considered mitigating circumstances as well.8 Further, the sentence was within the never, statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of justice. SIKORA, J. (concurring).
I concur fully in the specific rationale of the affirmance: that the evidence and paper clipart the judge#8217;s proper instructions permitted the jury to never essay find that the defendant had driven under the influence of alcohol on the public roads leading to the pier. Ante at 835, 927 N.E.2d at 500. That analysis freed us from the need to paper resolve the ?close question? whether the pier constituted ?any way or #8230; any place to which the public has a right of essay solutions access, or #8230; any way or #8230; any place to which members of the research clipart, public have access as invitees or licensees#8230;.? G.L. c. Obama Asp. 90, ? 24(1)( a )(1), as amended through St.2003, c. Clipart. 28, ? 1. The ?close question? results from a line of thesis physics precedent restrictively construing the statutory terms ?way? and clipart ?place.? As usual, we have avoided possible contradiction of precedent still approved by never essay the Supreme Judicial Court.1 At the same time, I believe that the research clipart, evidence of this case exposes a deficiency in the current statutory construction and the need for examination of the underlying case law.2. Significant facts. The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. Essay. 347, to provide the following: ?Whoever, upon any way or in any place to paper which the education ends essay, public has a right of access, or upon any way or in any place to research paper clipart which members of the public have access as invitees or licensees, operates a motor vehicle #8230; while. under the general essay, influence of intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the location, the access roads, the gate, and signage related to the pier.
Ante at 833-835, 927 N.E.2d at 499-501. Four important and independent circumstances of the use of the pier emerge as well from the evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to clipart a terminal at the edge of the pier from which they could walk across it. An instructional sailing club conducted a program for children from the pier; their parents and friends would observe their. races from it. The pier contained benches on which pedestrian visitors could rest. The members of the public properly on the pier and endangered by the defendant#8217;s driving were pedestrians. Additionally, the evidence permitted the jury to make the following findings about the defendant#8217;s conduct. He drove his pickup truck at a high speed onto the pier; got out and urinated onto one of the benches; reentered the truck and backed into another bench; and then backed up further so as to collide with a storage shed used by the sailing club.
The truck suffered substantial damage; the defendant got out again and www snopes com politics obama asp walked away from it. Major case law. A sensible and direct application of the paper clipart, words of the statute to master in theoretical physics the circumstances of the research paper clipart, pier and the actions of the defendant would appear to make him punishable. However, the interpretative overlay of the following cases has required that the ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. Sentences. George, 406 Mass. Clipart. 635, 638, 550 N.E.2d 138 (1990). Www Snopes Asp. That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of his extraordinary conduct on the pier, but rather on the basis of his inferable driving down separate roadways. The original act punished simply operation under the influence ?on any public way or private way laid out under authority of law.? St.1906, c. 412, ? 4. It made no reference to operation in a ?place.?
Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for the protection of research travellers on highways,? and therefore presumably persons in motor vehicles. See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by ends mere shifting of gear and paper clipart without engagement of the engine by causes crimes the driver amounted to operation; the clipart, statute ?was passed for thesis in theoretical physics the protection of travellers upon highways?); Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the use of motor vehicles upon ways?).
In 1928, the Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon any way, or in paper clipart, any place to which the public has a right of write my homework access, operates a motor vehicle #8230; while under the paper, influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). G.L. c. 90, ? 24, as appearing in St.1928, c. 281. Sentences Essay. Thus the paper clipart, notion of essay statutory protection for highway travelers or motorists took hold in the version of the act predating any reference to operation in research paper, a ?place.? Subsequent decisions seem never to have caught up with the 1928 addition of the write, concept of a ?place? as the site of operating under the research paper, influence. Despite the added term, the court in Commonwealth v. Paccia, 338 Mass.
4, 6, 153 N.E.2d 664 (1958), concluded that operation under the write, influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over it, even though the owner of the private way had permitted use of research paper clipart it by members of the public as business invitees or business licensees to a nearby restaurant and a market building. The court reasoned that the never ends, canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to research clipart private sites receiving members of the public as business invitees or licensees. Ibid. Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. 347.
In one subsequent case, Commonwealth v. Connolly, 394 Mass. Crimes Essay. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on research paper clipart, the meaning of ?under the write, influence?), the court in paper, dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of travellers upon highways?). In another it determined that the defendant#8217;s operation of his pickup truck on a privately owned parcel of land onto general sentences which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to research paper clipart which the members of the public [have] access as invitees or licensees? because the owner had never consented to such entry. Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the 1961 amendment had ?extend[ed] the reach? of the act, id. at 203, 539 N.E.2d 533, but added that the write my homework, canon of strict construction of penal legislation against the Commonwealth applied to its terms. Id. at 205, 539 N.E.2d 533. ?There is reason to research clipart believe that [the 1961 amendment references to invitees and licensees sought] to address the problem of accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the ends, act in 1990, the court held that the center field area of a public school baseball field did not qualify as a public way or place to which the public had access by motor vehicle as of paper clipart right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to a particular way or place by master thesis motor vehicle. Id. at 638, 550 N.E.2d 138.
4. The issue. None of the cases appears to research clipart have addressed the essay solutions, applicability of the statute to places to which members of the public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the term ?access? in the impaired driver statute means only public access by a motor vehicle seems to me unwarranted by its language and contradicted by research paper clipart its safety purpose. General Sentences Essay. The precise language of the act is the first source of insight into clipart its meaning and legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. My Homework. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Superior Court Dept. of the Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees. Paper. The repeated use of the article ?any? with no limiting adjectives or phrases attached to the words ?right of access? and ?invitees and licensees? denotes the generality of the intended ?place.?
The Legislature did not confine the roles of invitees or licensees to essay stress persons conveyed by motor vehicles. It. chose the additional words in 1961 as a specific answer to the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. On three occasions the courts have pointed out that the act#8217;s penal character requires strict interpretation.
See Commonwealth v. Research Clipart. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Www Snopes Com Politics Obama Thesis. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to the statute#8217;s meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable. However, as the latest reference in the George case, 406 Mass. at 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to members of the clipart, public as motorists and not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of lenity gives the defendant the benefit of a plausible ambiguity. It ?does not mean that an available and sensible interpretation is to be rejected in general essay, favor of research a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct.
23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). Master Thesis In Theoretical Physics. In these circumstances several other canons of interpretation deserve consideration and application in a discussion of the scope of the act. One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against the defendant#8217;s contention of redundant language); Commonwealth v. Research Paper Clipart. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Legislature#8217;s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. Causes Essay. c. Research Clipart. 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement.
By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Essay. Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by research clipart the Legislature expanded the diameter of the statute beyond the solutions, focus of the early decisions on protection of paper clipart highway travellers. Other standards of essay solutions interpretation forbid courts to add language to the terms chosen by clipart the Legislature. Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the Legislature did not put there, either by inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same).
Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to education never ends essay which the public has a right of access, #8230; or #8230; any place to which members of the public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to paper clipart broaden the coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the impaired driver statute for the protection of my homework members of the public as motorists but not as pedestrians produces at least an irrational result. It paradoxically exempts from research criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on usual roadways.
It excludes from the protection of the statute members of the public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the usual ways of never ends essay motor traffic. Members of the public engaged in research, rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the kind presented in this case would be located in places of insufficient public access for protection against impaired drivers because they entered them on foot. That interpretation opens a substantial gap in causes, the coverage of the act. It shifts the application of the law from the research paper, irresponsible conduct of the impaired driver to the fortuitous location and status of his endangered or injured victim. Solutions. A ?place? is a location other than a ?way,? and a ?member of the public? can be a person other than a motorist. The decisions have fallen behind the statute. The principle of stare decisis should not denature into a pattern of errare decisis. Several processes are available to break the momentum of error. Causes Of Hate Crimes Essay. Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the place in research clipart, which the impaired driving injured or endangered pedestrians, as occurred here. Within the judiciary the Supreme Judicial Court could reconsider the present construction said by the court in George to education ends have evolved without discussion.
Finally, and perhaps ideally, the Legislature could further amend the research paper, statute to extend its reach unmistakably to ?any place in which the public has a right of access, or #8230; any place to which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Photographs of the pier, maps, and plans were introduced in evidence, as well as detailed testimony explaining the exhibits. General Sentences Essay. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to drive to the Charlestown Pier. He then drove in traffic on public streets leading to the Navy Yard and Pier 4. As he approached the pier, he had to ?race up and pass? one car. He then drove up Terry Ring Way to paper clipart a closed double swinging gate. As the com politics, defendant moved for a required finding of not guilty at the close of the Commonwealth#8217;s case on the public way question, we do not consider the defendant#8217;s testimony in determining whether that motion should have been allowed.
3. In Commonwealth v. George, ?the parties [had also] agreed and the jurors were instructed that the research, baseball field was not, as a matter of general sentences law, a public way.? Id. at 636, 550 N.E.2d 138. 4. The evidence in Commonwealth v. George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on paper clipart, the field and overturned the car while trying to leave the field. In the instant case, in contrast, the education ends, evidence and research the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on public roads prior to master thesis in theoretical his arrival at the pier. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for paper clipart the jury#8217;s consideration.
6. The passenger left the car soon after they were confronted at the pier. 7. Master. The Commonwealth chose not to inquire about the field sobriety test on cross-examination. 8. The judge explained that ?having weighed the statutory language, having weighed the facts of the offense, and this defendant#8217;s prior record, having considered the mitigating information and the letters submitted by his wife, his mother, and his sister, having paid heed to the recommendations of the prosecutor in the case and paper clipart the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to of hate crimes essay follow governing precedents of the Supreme Judicial Court. Burke v. Toothaker, 1 Mass.App.Ct. 234, 239, 295 N.E.2d 184 (1973). Research Paper. Commonwealth v. Healy, 26 Mass.App.Ct. Education Never Ends. 990, 991, 529 N.E.2d 1357 (1988). Commonwealth v. Paper. Dube, 59 Mass.App.Ct.
476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from never ends essay useful observations in dicta about the continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. Research Paper. 2, 517 N.E.2d 502 (1988), questioning the of hate essay, then existing rule imposing a duty to pay rent upon a nonresidential tenant independently of the landlord#8217;s breach of clipart covenants in the lease; and the subsequent decision of the com politics obama thesis asp, Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002).
Other observations may recommend the extension or the insertion of clipart standards or rules to cure chronic problems revealed by causes crimes essay multiple cases. See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct. 190, 196 n. Research Paper Clipart. 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from police interrogation, and the subsequent adoption of that view by the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004). 2. As discussed below, the Supreme Judicial Court, in sentences essay, its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.?
Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in 1994, see G.L. Research Paper Clipart. c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. 25, ? 3, and by St.2003, c. 28, ? 1. 4. In decisions addressing the meaning of a ?way? in ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the master thesis, control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at 832-833, 927 N.E.2d at 498-99, we have examined the site where the research paper, suspect was driving under ?the usual indicia of accessibility to the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at causes crimes essay 833, 927 N.E.2d at paper clipart 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct. Causes Of Hate Essay. 545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for conviction of operating under the research, influence under ? 24(1)( a )(1) dealt with a way on both sides of stress solutions which were business abutters and which was indisputably open for travel by motor vehicles. Commonwealth v. Paper Clipart. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. McGILLIVARY.
Appeals Court of Massachusetts. September 13, 2010. January 25, 2011. NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by master thesis the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the paper, Official Reports are published. Motor Vehicle, Operating under the influence, Operation.
Practice, Criminal, Required finding, Instructions to stress solutions jury, Argument by prosecutor, Defendant#8217;s decision not to research testify, Assistance of counsel, Jury and essay jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in the Superior Court Department on January 26, 2005. The case was tried before Howard J. Paper. Whitehead, J. James P. McKenna for www snopes obama asp the defendant. Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from research paper a conviction by www snopes thesis a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. c. 90, § 24(1)(a)(1). 1 His principal issue focuses on the meaning of #8220;operation#8221; under that statute.
We affirm. 1. Operation of the motor vehicle. A. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of research paper clipart intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by education never essay putting the keys in the ignition and turning the electricity on, but not turning the engine on. There was no evidence from which the jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the evidence of operation was insufficient as matter of law because putting a key into paper clipart the ignition and turning it does not constitute operation when the engine has not been engaged. 2 The issue whether a defendant who places the key in the ignition and turns the electricity on without starting the engine may be found to be #8220;operating#8221; the vehicle for purposes of G.L. c. 90, § 24, is one of first impression in of hate crimes, Massachusetts. Research Paper Clipart. 3. General Essay. To define #8220;operation#8221; we must look to the touchstone case of paper Commonwealth v. Uski, 263 Mass.
22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the com politics obama, meaning of research paper clipart G.L. Causes Of Hate Crimes Essay. c. Research Paper. 90, § 24, when, in write, the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of that vehicle.#8221; 4 See also Commonwealth v. Clipart. Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of write my homework operation). Under the Uski definition, turning the key in the ignition to paper clipart the #8220;on#8221; setting could be found to be part of a sequence that would set the vehicle#8217;s engine in motion and that would, thus, constitute operation. 5. Education Never Ends Essay. Our conclusion is research informed by master thesis the public policy underlying the Massachusetts OUI statute. The purpose of G.L. c. 90, § 24, is to #8220;protect the clipart, public from essay solutions intoxicated drivers,#8221; Commonwealth v. Ginnetti, 400 Mass. 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from research paper getting into their vehicles, except as passengers.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977).
Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the [Ohio OUI statute] is to discourage persons from putting themselves in education ends, the position in which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). Even an intoxicated person who is research paper clipart sleeping behind the wheel is never ends dangerous because #8220;that person may awaken and research paper decide to drive while still under the influence.#8221; State v. Kelton, 168 Vt. 629, 630 (1998). 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the defendant, who was found in the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to be the first step in a sequence to set in motion the motive power of the vehiclewas sufficient to permit the jury to conclude that he #8220;operated#8221; the motor vehicle. See also State v. Haight, 279 Conn. at 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of essay operation similar to clipart the Uski definition because this is an act that is of hate part of research paper clipart a sequence that will #8220;set in motion the thesis asp, motive power of the vehicle#8221;) (citation omitted). 7, 8. Research Paper Clipart. We are unpersuaded by the defendant#8217;s interpretation of Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an my homework, engine be engaged and as meaning that turning the key to research paper clipart the #8220;on#8221; position could not constitute operation. Specifically, the www snopes com politics obama thesis, defendant argues that turning the key in the ignition to a position that does not start the car would only draw power from the research paper, battery and thus neither starts the engine nor makes use of the power provided by its engine. Even if we assume, arguendo, that the defendant is correct and that turning the key to the #8220;on#8221; position does not engage the engine, 9 the defendant misconstrues Ginnetti.
In Ginnetti, supra at 183-184, the court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. c. Physics. 90, § 24, #8220;merely because it is immovable due to road or other conditions not involving the vehicle itself.#8221; Id. at 184. Applying the Uski definition to clipart the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by starting its engine or by making use of the power provided by its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on causes of hate essay, an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the jury instructions were inappropriate. The judge#8217;s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of paper justice. Contrary to general sentences essay the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the defendant was sleeping in the driver#8217;s seat with a key turned in the ignition compelled a finding of research operation. Contrast Commonwealth v. Write. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. B. Sufficiency of the evidence.
The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the fact that the vehicle was on a public way, 13 argues on research paper, appeal that the Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. c. Essay. 90, § 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to research paper prove that he put the key in the ignition of the car and turned the key. We consider #8220;whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is stress sufficient#8230; to permit the jury to infer the existence of the essential elements of the crime charged#8230;#8221; beyond a reasonable doubt. Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in paper, the light most favorable to the Commonwealth shows that the defendant was found asleep in of hate essay, the driver#8217;s seat #8220;slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in the ignition and had been turned to the #8220;on#8221; position so that the paper clipart, #8220;energy to the vehicle was on,#8221; but the engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to #8220;physically turn the thesis, ignition back#8221; in order to research remove the key. The police did not observe anyone else in the van at the time of arrest.
Viewed as a whole, the evidence was sufficient to support a finding that the defendant, while sitting in the driver#8217;s seat of the stress solutions, vehicle, put a key in research paper, the ignition and turned it to the #8220;on#8221; position. See Commonwealth v. Cabral, 77 Mass.App.Ct. Of Hate. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. First, the defendant cites testimony by research clipart the defendant and write my homework the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle#8217;s keys. The defendant testified that, after he moved to the driver#8217;s seat and began eating his food, he did not remember what happened until the police officer woke him up. The jury, however, could have found that the research, defendant simply did not remember placing the key in the ignition, or they may have determined that he was not being truthful in write my homework, denying putting the key in the ignition. Moreover, the clipart, existence of contradictory evidence does not require a finding of not guilty. See Commonwealth v. Pike, 430 Mass.
317, 323-324 (1999). Second, the defendant points to the testimony of his friend that the physics, friend left the defendant passed out in the passenger seat and threw the research paper, keys on the passenger side floor when he left the vehicle. Essay. 14 Even if the jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the defendant, who admitted moving from the passenger seat into research paper the driver#8217;s seat, picked up the key and causes of hate crimes put it in the ignition when he moved to the driver#8217;s seat. Research Paper Clipart. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the www snopes com politics thesis asp, evidence during his closing argument, creating a substantial risk of a miscarriage of research clipart justice requiring reversal. Www Snopes Com Politics Asp. We disagree.
The prosecutor#8217;s argument disputing the defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an appropriate response to defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Research Clipart. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the evidence. B. Essay Stress. The defendant argues that his right to testify was #8220;improperly muzzled#8221; at paper clipart trial because he was not permitted to testify that he intended to sleep overnight in the van so that he could go to court in Gloucester the next day.
The defendant, however, was permitted to elicit testimony from the defendant#8217;s friend that the stress, defendant said he had to work early in research clipart, the morning and planned to my homework sleep in the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney#8217;s strategic advice not to testify during his examination about his plans to sleep in the van because such testimony might open the door to evidence of prior convictions of driving under the influence. See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the research clipart, defendant moved to com politics asp replace his attorney, and the judge denied the motion. The record reflects that as soon as the judge became aware of a conflict between the defendant and his counsel, the research clipart, defendant was provided an opportunity to explain his reasons for wanting to remove his attorney. The judge did not abuse his discretion in denying the essay, defendant#8217;s motion where (1) this trial counsel was the paper, defendant#8217;s third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a new trial on essay, his behalf, but without the defendant#8217;s presence, the defendant#8217;s presence would not have affected the paper clipart, outcome of that motion for stress a new trial; and (4) the defendant merely complained of something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). D. The defendant argues that the judge abused his discretion by refusing to paper remove two jurors for cause. We disagree.
With respect to sentences each of the research paper clipart, complained-of jurors, the judge dispelled any concerns about the juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the evidence to determine whether a police officer was telling the truth in the event that the officer#8217;s testimony was challenged. Never Essay. A trial judge is paper clipart afforded #8220;a large degree of discretion#8221; in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from essay stress Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). #8220;Where, as here, a judge has explored the clipart, grounds for any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the juror unless juror prejudice is www snopes com politics asp manifest.#8221; Commonwealth v. Research. Seabrooks, supra at 443. No such prejudice was manifest here.
E. The defendant challenges the sufficiency of the evidence of prior convictions presented at my homework the subsequent offense portion of research paper clipart his trial. Reviewing the education never ends, issue under the clipart, familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is without merit. First, there was ample evidence that the defendant was the essay solutions, person who had been convicted of similar offenses once in 1986 and twice in research, 1988. See Commonwealth v. Solutions. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the offenses and the fact that they were the defendant#8217;s#8221;). See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the confrontation clause.
Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 5 (2010). Research Clipart. Finally, the judge#8217;s instructions to the jury with regard to education ends essay the prior convictions were proper where the judge simply instructed the jury that the documents in paper, question were OUI convictions and reminded the jury that the Commonwealth still had the burden to prove that the defendant was the person who had committed these previous offenses. F. There is no merit to the defendant#8217;s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. 36(b)(1)(C), 378 Mass. 910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the return day in education essay, the court in which the case is awaiting trial is research paper clipart presumptively entitled to dismissal of the charges unless the Commonwealth justifies the delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). In Theoretical. The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. #8220;The delay may be excused by a showing that it falls within one of the #8216;[e]xcluded [p]eriods#8217; provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the research paper clipart, delay.#8221; Commonwealth v. Spaulding, 411 Mass. 503, 504 (1992).
Of the 686 days between those two dates, the docket sheet and documents filed in support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the calculation. Due to jointly agreed upon continuances by the parties, at least 117 days are excluded. 15 See Barry v. Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the general sentences, defendant was unavailable while on trial on another charge that are also excluded. 16 See Mass.R.Crim.P.
36(b)(2)(A)(iii), 378 Mass. Research Paper Clipart. 910 (1979). Finally, the defendant#8217;s motion to in theoretical dismiss, which was filed on December 13, 2006, and decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at 505 n. 4. In total there were at least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to count against the Commonwealth. Therefore, the defendant was tried within the paper, time constraints of never ends rule 36(b), and the order denying the research, motion to dismiss is affirmed. My Homework. 18. 1. General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. 28, §§ 1, 2, provides in relevant part: #8220;Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in research, any place to essay stress which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of research marijuana, narcotic drugs, depressants or stimulant substances, all as defined in com politics obama thesis, section one of chapter ninety-four C, or the vapors of glue shall be punished#8230;. #8220;If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of a like offense three times preceding the clipart, date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than [$1,500] nor more than [$25,000] and by imprisonment in general essay, the state prison for not less than two and one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Research Clipart. Clarke, 254 Mass. 566, 568 (1926).
3. If the stress solutions, evidence shows that a defendant was seated in the driver#8217;s seat with the engine running or while it was still warm, it is well established that a jury may draw the reasonable inference that he operated his vehicle within the paper, meaning of the statute. See Commonwealth v. Eckert, 431 Mass. 591, 599-600 (2000) (testimony of police officer, if credited, that he heard engine running would provide sufficient evidence of essay operation); Commonwealth v. Research Paper. Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the general sentences essay, engine running and a key in the ignition#8221;); Commonwealth v. Research. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of ends essay operation where engine still warm). Cf. Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and keys in ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about whether the research paper, defendant turned on the motor or simply placed the key in the ignition. 5. Ends. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is not an element of the statutory crime#8221;). 6. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. Research. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an intoxicated person seated behind the essay, steering wheel of research clipart a motor vehicle is a threat to the safety and welfare of the public.
The danger is sentences essay less than where an intoxicated person is actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the research clipart, wheel of the vehicle and could have at any time started the automobile and causes of hate crimes driven away#8221;). 7. Cf. Stevenson v. Falls Church, 243 Va. 434, 438 (1992) (applying a definition of research operation similar to the Uski definition in holding that the my homework, defendant did not operate the vehicle #8220;[b]ecause the presence of the key in research paper clipart, the ignition switch in the off position did not engage the mechanical or electrical equipment#8221; of the vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the position of the key in the ignition is general essay a factor that a trial court should consider but does not create a bright line rule). 8. Clipart. We do not decide whether any or all of the general, following could be found to be operation under G.L. c. 90, § 24: inserting a key in research, the ignition without turning it and without engaging the thesis in theoretical physics, motor or the research paper clipart, vehicle#8217;s power; using an electronic remote starting device to start the engine of the car without inserting a key in the ignition, where putting a key in the ignition would be required to actually drive the car; or putting the master thesis in theoretical, key in the ignition to engage either the electricity or the motor before going to sleep in a seat other than the driver#8217;s seat. 9. In the absence of any evidence below regarding whether the key, when turned in the ignition to the on position, engages the research clipart, engine, we reach no conclusion on that mechanical issue. 10. Master In Theoretical Physics. The relevant portion of the jury instructions is the paper, following: #8220;The first element which the www snopes com politics thesis asp, Commonwealth must prove is that the defendant operates a motor vehicle.
The expression #8216;operation of a motor vehicle#8217; covers not only all the research clipart, well known and of hate crimes easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to set the paper, vehicle in solutions, motion. To operate a motor vehicle, it is not necessary that the research clipart, engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the use of any electrical agency which alone or in sequence will set in motion the mode of power of the vehicle is sufficient in www snopes com politics obama, law to paper constitute operation. Write My Homework. A person operates a motor vehicle, within the research paper clipart, meaning of the law, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in essay, sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the engine was stopped, and research the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct.
605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. c. 90, § 24, includes #8220;at least ordinary stops upon general sentences essay, the highway, and paper clipart such stops are to be regarded as fairly incidental to its operation#8221;). Such an instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the obama thesis, vehicle by putting the key in the ignition and turning it. This theory did not depend on any previous operation of the vehicle. 12. The defendant admitted at trial that he had consumed at least ten White Russian drinks that evening and research paper clipart was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of stress alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on research clipart, the street in front of causes of hate crimes essay a restaurant. 14. The defendant also argues that the Commonwealth failed to meet its burden by not introducing sufficient evidence that the defendant#8217;s friend was not the person operating the vehicle.
See Commonwealth v. Research Paper. Boothby, 64 Mass.App.Ct. 582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the master thesis, car at the time of the accident). Boothby, however, is distinguishable from the current case because, here, the police only paper clipart found one possible operator at the scene and thesis asp the present case does not involve a confession by the defendant. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the paper, final pretrial hearing). 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006. Write My Homework. The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the trial, and another delay between the second portion of the research clipart, trial and sentencing, the my homework, defendant was sentenced on March 24, 2006.
Adding fourteen days to the sentencing date brings the date to paper clipart April 7, 2006. Thus, the general sentences, total excludable period for the unrelated charge is 185 days from October 5, 2006, to research paper April 7, 2006. 17. Having identified a sufficient number of excluded days to com politics obama confirm compliance with the research paper, requirement for a speedy trial, we do not compile a complete list of all excluded days. 18. The defendant also appeals from the denial of his pro se motion to dismiss under G.L. c. 276, § 35. Assuming, arguendo, that the judge denied the motionthere is no record of my homework such rulingand that this issue is properly before this court, we affirm. General Laws c. 276, § 35, applies only to mid-trial continuances and the delay complained of by the defendant is prior to the commencement of trial and, thus, does not fall within the research paper, statute.
A District Court jury found the defendant guilty of essay stress solutions motor vehicle homicide by operation under the influence of intoxicating liquor and research clipart negligent operation (in violation of G.L. Master Thesis. c. 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. Paper. c. 90, § 24[a]). 75 Mass. App. Ct. 643. Appeals Court of Massachusetts, Bristol. Write. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for the defendant. Research Clipart. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth.
Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. Never Essay. App. Ct. 644] A District Court jury found the defendant guilty of motor vehicle homicide by paper operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. 90, § 24G[a]), and by stress solutions negligent operation of a motor vehicle (in violation of G.L. Paper. c. 90, § 24[a]). The defendant, who is African-American, appeals upon general, claims that (1) the trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendant#8217;s blood alcohol content and erroneously instructed the clipart, jury on that evidence; and (3) calculated improprieties by write the prosecutor and extraneous influences upon the jury resulted in reversible error. We reverse. The trial judge did not offer a sufficiently adequate and contemporaneous explanation of her allowance of the peremptory challenge. In addition, the judge erroneously admitted evidence of the defendant#8217;s blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in relation to that evidence. Procedural background.
On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of research a motor vehicle in violation of G.L. c. 90, § 24(2)(a). On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of solutions G.L. c. Research Paper Clipart. 90, § 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth#8217;s motion to amend the June 1 complaint to add an alternate theory of of hate intoxication, a 0.08 percent #8220;per se#8221; violation of the paper, motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on essay stress, both charges. The trial judge sentenced the defendant to two and one-half years in research paper clipart, the house of correction on the motor vehicle homicide charge and a consecutive sentence of two years in the house of correction on the negligent operation charge.
In December of 2006, the defendant filed a motion for relief from an unlawful sentence. General Sentences. He claimed that the research, negligent operation conviction was duplicative of the write my homework, motor vehicle homicide conviction. In January of 2007, the clipart, trial judge allowed the motion. The allowance of that motion is not at issue in this appeal.3. Background.
The evidence at trial included the following. On November 27, 2003, at approximately 8:30 P.M., the defendant#8217;s jeep and the victim#8217;s vehicle collided at an intersection in com politics obama, New Bedford. Four people witnessed the collision, and each of them testified at research clipart trial. Write. According to the witnesses, the defendant#8217;s jeep went through a stop sign at a high rate of speed and struck the victim#8217;s vehicle. A New Bedford police officer arriving at the scene after the research paper, accident saw the defendant pacing back and forth in an agitated manner. The officer spoke to the defendant and did not detect the odor of alcoholic beverages. The officer did not observe any other signs of education intoxication, such as a lack of balance. The victim died at the scene from multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for treatment.
Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. Research Paper. She analyzed the damage to the vehicles and made numerous measurements of the crash scene. My Homework. Based on her investigation, the expert concluded that the defendant#8217;s jeep had been traveling at research sixty-four miles per hour when it entered the intersection.4. [75 Mass. App. Ct. 646] Soon after the defendant arrived at the hospital, two New Bedford police officers interviewed him. According to the officers, the write my homework, defendant was #8220;angry [and] agitated#8221; and research clipart his breath smelled of alcoholic beverages. He told the officers that he had consumed #8220;a forty of OE,#8221; a forty-ounce bottle of Olde English brand beer. Write My Homework. Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the victim#8217;s death.
While at the hospital, the defendant complained of pain in his chest. In response to his complaint, hospital staff drew a blood sample from him and analyzed it. The doctor who had treated the research, defendant testified that his blood serum sample had an alcohol reading of causes crimes 185 milligrams per deciliter. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to paper clipart a whole blood alcohol level of .15 to .16. Discussion. 1. Peremptory challenge. Jury selection proceeded over two days. On the first day, the judge called juror to general essay side bar for clipart further questions.
The juror told the judge that she was diabetic. The judge assured her that the disease would not be a problem. The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in the jury box in advance of the parties#8217; challenges. Essay. The next day, the Commonwealth invoked one of paper its peremptory challenges to exclude juror. The judge noted that juror nineteen was the only African-American in the jury pool from either day.
She asked the thesis, Commonwealth to research clipart explain the challenge. In response, the essay stress, prosecutor gave two reasons: (1) the juror#8217;s speech and mannerisms indicated that she was slow and might have difficulty in the deliberation of the evidence of a three- or four-day trial; and research (2) the in theoretical, prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass. App. Ct. Research Paper Clipart. 647] Defense counsel asked for the judge#8217;s impression of juror nineteen. Essay. The judge stated that the juror had #8220;somewhat of a halting speech pattern#8221; and was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to that of another juror whom the judge had removed for cause.
The judge did not agree that juror nineteen suffered from paper clipart a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at that time.6 Defense counsel objected. On the following day, before the jury had entered the court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of juror nineteen. She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. In Theoretical. members of protected classes,7 and that she #8220;wanted to research put some more #8230; findings on the record.#8221; She recounted that she had requested an explanation for general sentences the peremptory challenge, and she repeated the research, prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the adequacy of the Commonwealth#8217;s position once having been questioned about the reason for write the challenge and then the genuineness of research paper that.#8221; Although the prosecutor had not mentioned the criminal. [75 Mass. App. Ct.
648] history of juror nineteen#8217;s son when he had offered his explanation for the challenge, the thesis, judge referred to paper it in her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and genuine, which is master thesis why I allowed the research, challenges to stand.#8221; Article 12 of the Declaration of Rights of the Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the causes of hate crimes essay, use of peremptory challenges to exclude prospective jurors on the basis of race. See Commonwealth v. Harris, 409 Mass. Paper. 461, 464, 567 N.E.2d 899 (1991). #8220;[W]e begin with the write, presumption that a peremptory challenge is proper.#8221; Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). Research Clipart. However, one may rebut that presumption through proof #8220;that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is a likelihood they are being excluded from the essay stress, jury solely by clipart reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass.
461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct. 170, 62 L.Ed.2d 110 (1979). Either the general, party opposed to research paper clipart the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the stress solutions, challenge. See Commonwealth v. Maldonado, 439 Mass. 460, 463, 788 N.E.2d 968 (2003). When #8220;the judge initiates a sua sponte inquiry into paper the justification for the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of essay stress solutions discrimination has been made.#8221; Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an explanation which #8220;pertain[s] to clipart the individual qualities of the prospective juror and education ends not to that juror#8217;s group association.#8221; Commonwealth v. Soares, supra at 491, 387 N.E.2d 499. If the research, proponent#8217;s. [75 Mass.
App. Ct. 649] explanation seems superficial, the judge. should also allow rebuttal from the adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). The judge must then #8220;make an independent evaluation of the general sentences, [proponent's] reasons and #8230; determine specifically whether the explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the judge must decide whether the explanation is both `adequate#8217; and `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is imperative that the record explicitly contain the judge#8217;s separate findings as to both adequacy and genuineness and, if necessary, an paper clipart, explanation of those findings.#8221; Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968. Thesis. See Commonwealth v. Benoit, 452 Mass.
212, 221, 892 N.E.2d 314 (2008). In this case, the trial judge raised the question of the propriety of the peremptory challenge. She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and allowed defense counsel to respond. See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Research Clipart. Calderon, supra at 26, 725 N.E.2d 182. Www Snopes Thesis. The prosecutor explained that he was challenging the juror because he believed her to be #8220;slow#8221; and because she had stared at paper him in a discomforting manner.
The judge received defense counsel#8217;s opposing response. She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the master thesis physics, juror mentally slow. Research Paper Clipart. However, the judge concluded that the prosecutor had not misused the challenge and allowed it. It was not until the next day that the judge explicitly found the prosecutor#8217;s explanation to be adequate and genuine. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of adequacy and genuineness. However, her ruling falls short of the firm and timely explanation for essay allowance required by the line of cases culminating in Commonwealth v. Paper. Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. Ends Essay. Benoit, we cannot conclude that the judge properly allowed the challenge because the record does not show a prompt assessment of the adequacy and paper genuineness of the prosecutor#8217;s explanation of the peremptory challenge. See Commonwealth v. Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. App. Ct.
650] requested explanation and my homework then allowed challenge but #8220;did not find that the prosecutor had met her burden of establishing an adequate, race-neutral explanation that was the genuine reason for the challenge#8221;); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant#8217;s right to trial by research paper clipart jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and genuineness of reason for peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the sentences essay, juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by the same district attorney#8217;s office.9 The judge did not address. the ground of staring.10 She rejected the suspected slowness. She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon adequacy and genuineness required by the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to research paper clipart the juror and not based on thesis in theoretical, the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the offer may have been. Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding. The precedents require reversal of the convictions. 2. Evidence of blood alcohol content.
The Commonwealth. Paper Clipart. [75 Mass. App. Ct. 651] began trial with two theories of essay operation under the influence, the per se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. At the beginning of the trial, the research paper, judge gave preliminary instructions to the jury in which she explained the nature of the charges against the defendant.
She made no reference to com politics alternate theories of operation under the influence. Research Paper. During the trial, the Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and impaired operation. Write. During the charge conference, the Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to give an research clipart, instruction on the per se theory, and the Commonwealth agreed with that proposal. The judge instructed the jury, in relevant part, as follows: #8220;The law says that if the percentage of alcohol by weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an inference that the defendant was under the influence of intoxicating liquor at the time.#8221; For reasons discussed below, the instruction was erroneous. The defendant did not object to the blood test evidence, the prosecutor#8217;s reference to it in his summation, or the judge#8217;s erroneous instruction. In 2003, the Legislature amended both G.L. c. 90, § 24G, the motor vehicle homicide statute, and G.L. c. 90, § 24(a)(1), the operation under the influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. 28, §§ 1, 21, 22. Pursuant to www snopes com politics the amendments, the research paper, Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by weight, of alcohol in [his] blood of eight one-hundredths or greater.#8221; G.L. c. Solutions. 90, § 24G(a). Prior to paper clipart the amendments, the master thesis in theoretical physics, statutes allowed the permissible inference of paper clipart intoxication when the defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Colturi, 448 Mass.
809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and replaced it with a conclusive inference. See Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. Write My Homework. 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in the. [75 Mass. App.
Ct. 652] absence of paper expert testimony to explain their significance. Id. at 817-818, 864 N.E.2d 498. The decision states: #8220;If #8230; the Commonwealth were to proceed only on a theory of impaired operation [instead of both a per se theory and an impaired operation theory] and write my homework offered a breathalyzer test result of .08 or greater, without evidence of its relationship to intoxication or impairment and research clipart without the statutorily permissible inference of essay intoxication eliminated by paper clipart the 2003 amendments, the jury would be left to guess at its meaning.#8221; Ibid. As for trials where the Commonwealth relies on both theories, the decision states further: #8220;[I]f the per se and impaired ability theories of criminal liability are charged in education never, the alternative #8230; and so tried, we see no prejudice in research paper clipart, the admission of breathalyzer test results without expert testimony establishing the significance of the test level to the degree of intoxication or impairment of the defendant. In such a case, the jury presumably would be instructed that if they find the my homework, defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of violating the OUI statute, and if they do not so find, they may still consider whether she violated the statute by operating while under the influence of intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to the results of breathalyzer tests. After issuance of Commonwealth v. Colturi, supra, we held, in clipart, Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over never ends the defendant#8217;s objection, admission of the results required reversal.
Id. at 664, 885 N.E.2d 164. Paper Clipart. In this case, the complaint charged both theories. In Theoretical Physics. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to research paper clipart explain its relationship to causes essay intoxication. Research Paper Clipart. The judge did not instruct the jury on the per never essay, se theory. Furthermore, the judge erroneously instructed the jury on the permissible inference of intoxication eliminated by the 2003 amendments.
See. [75 Mass. App. Ct. 653] Commonwealth v. Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Clipart. Hubert, supra, at 662 n. 2, 885 N.E.2d 164.12 The defendant argues that the erroneous instruction and the admission of the blood test evidence without the requisite expert testimony require reversal. Since the defendant did not object to the alleged errors, we review for general essay the substantial risk of paper clipart a miscarriage of justice. Under that standard, the question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of guilt. Commonwealth v. Alphas, 430 Mass.
8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Write My Homework. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Research Paper. Even without the blood test, the Commonwealth#8217;s evidence of intoxication was strong.
The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the victim#8217;s vehicle. A police officer who was at the scene testified that the of hate essay, defendant was agitated, although he testified also that he did not notice any other signs of intoxication. The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the intersection. The officers who interviewed the defendant at the hospital testified that he was agitated, that his breath smelled of alcoholic beverages, and clipart that he confessed to consumption of forty ounces of beer earlier in the evening. However, the laboratory supervisor#8217;s testimony that the com politics obama, defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication. Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the defendant#8217;s signs of intoxication differed. Under the impaired operation theory submitted to research clipart the jury, the error may have materially influenced the verdict and therefore created a substantial risk of my homework a miscarriage of justice. See Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. App.
Ct. 654] Conclusion.14,15 For the foregoing reasons we reverse the judgments and clipart set aside the verdicts. The case is remanded to the District Court for of hate crimes essay a new trial or other proceedings consistent with this opinion. 1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. c. 90, § 24G(b). After issuance of the June 1 complaint, which charged the research paper clipart, defendant with motor vehicle homicide by operation under the influence and by negligent operation (in violation of G.L. Stress Solutions. c. 90, § 24G[a]), the Commonwealth nol prossed the research clipart, motor vehicle homicide charge from the first complaint.
2. Under G.L. c. 90, § 24G(a), the Commonwealth may use either of write my homework two theories to research clipart prove operation under the influence: (1) operation #8220;with a percent by weight, of alcohol in [the] blood of eight one-hundredths or greater, or  while under the influence of intoxicating liquor.#8221; G.L. My Homework. c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. See Commonwealth v. Research. Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. Write. 1009, 902 N.E.2d 368 (2009). Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory. Research. 3. In April of 2007, after a hearing, the trial judge allowed the Commonwealth#8217;s motion to file a late notice of master in theoretical appeal from the grant of the defendant#8217;s motion for research paper relief from an general essay, unlawful sentence. The Commonwealth#8217;s appeal has not entered in this court. Clipart. In its brief, the Commonwealth does not argue the propriety of the grant of the motion.
Therefore, we do not address it. 4. She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the road prior to the collision with the thesis, victim#8217;s vehicle. Paper Clipart. 5. In its entirety, the prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at side-bar in her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at essay the side-bar; and it bothered me. But I do find that she#8217;s slow at side-bar speaking with her, in her speech; and I#8217;m concerned that this is a three or four day trial, a lot of witnesses; and paper I#8217;m concerned about her ability to try the evidence.#8221; 6. The judge observed that the defendant had adequately preserved the issue for appeal. Write. During the discussion of the challenge, the paper clipart, judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the presence of only one African American in the venire. The prosecutor stated that he should not have to explain his use of a peremptory challenge on juror fourteen because the juror was not a member of a protected class. However, he supplied an essay, explanation, and the judge allowed the challenge. 7. Research. The parties assert that the judge stated that she had read Commonwealth v. Essay. Maldonado, 439 Mass. 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to exclude members of paper clipart a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the Maldonado decision.
8. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to all of us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the case per my homework, se but she spoke about it. It apparently just happened last fall.#8221; The judge went on to say that she understood the clipart, Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the criminal justice process and subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor. 9. As mentioned above, in the next-day review of her reasons for allowance of the peremptory challenge, the general sentences, judge referred to the experience of juror nineteen#8217;s son in the New Bedford District Court. Clipart. See note 8, supra. Essay. The prosecutor did not refer to the criminal history of the juror#8217;s son as justification for his peremptory challenge.
A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S. Paper. 1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). 10. In Theoretical Physics. That explanation had little chance of success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968.
11. This reasoning does not interfere with the authority of paper clipart a trial judge spontaneously to identify, establish, and rule upon a ground of disqualification independently of any challenge of either the Commonwealth or a defendant. 12. The charge conference and instructions to the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the com politics obama thesis, Colturi decision in April 2007; and this court the Hubert decision in paper clipart, May 2008. Therefore the judge and general sentences essay trial counsel did not have the benefit of those interpretations of the 2003 amendments. 13. In Commonwealth v. Research Paper Clipart. Hubert, supra at 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the standard of review was the presence of prejudicial error. Here we have reviewed the causes crimes, issue under the less demanding standard of substantial risk and found the error again sufficiently serious to require reversal. 14. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by the prosecutor require reversal.
The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the jurors left the courtroom on the first day of trial, and (2) the presence of a makeshift memorial to research clipart the victim at the accident scene during the jury#8217;s view of the causes crimes, site. Paper. The claim of crimes essay calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had #8220;killed#8221; the research, victim. The defendant asserts that the in theoretical, prosecutor intended that the officers testify in this manner, in violation of the judge#8217;s decision on a motion in research clipart, limine. No evidence supports the master thesis, view that the mother#8217;s outburst or the accident site memorial overcame the paper, judge#8217;s instructions for essay solutions a verdict based strictly on the evidence. The claim related to the officers#8217; use of the word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. 15. The defendant presented no issue of a denial of the research clipart, right to confrontation guaranteed by the Sixth Amendment to solutions the United States Constitution by reason of the admission of the blood alcohol test result. The rule of Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal.
Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at clipart trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. Never Essay. Gerald W. GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009. Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED.
Andrew S. Robinson, Asst. Dist. Atty. Research Paper Clipart. (orally), Franklin County DA#8217;s Office, Farmington, ME, for the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for my homework Gerald W. Research Paper Clipart. Gilman. Panel SAUFLEY, C.J., and education never ends essay ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the court imposed on Gerald W. Gilman following his conviction at a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a).
The State contends that the court imposed an illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of imprisonment required by paper the statute. The court did so after finding that the statute as applied to Gilman violated article I, section 9 of the essay stress, Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to research clipart violating article I, section 9 of the Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. court erred in admitting a certified record from the Secretary of my homework State declaring him to be a habitual offender, because doing so violated his constitutional right to confront witnesses against him as articulated in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. Clipart. 1354, 158 L.Ed.2d 177 (2004), and its progeny. ? 3 The State#8217;s appeal is accompanied by the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and master thesis in theoretical M.R.App. Paper. P. 21(b). Because we agree with the State#8217;s contention that the sentence imposed on Gilman was illegal, and write find no violation of Gilman#8217;s constitutional rights, we vacate only the sentence and paper remand for resentencing. General Sentences. ? 4 The facts are not in dispute.
On April 11, 2007, Gerald Gilman was stopped for research paper clipart speeding in the Town of New Sharon, three miles from his home. He had not been drinking. Gilman, a member of the local Elks Club, was returning from the club#8217;s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for OUI within the previous ten years. A certified record from the Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the revocation. ? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of his three OUI convictions within the thesis asp, previous ten years.
29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is paper clipart popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . . is $1,000 and the minimum term of www snopes com politics imprisonment is 2 years, neither of which may be suspended by the court.#8221; 29-A M.R.S. Research Paper. ? 2557-A(2)(D); P.L. Education Never Essay. 2005, ch. 606, ? A-11 (effective Aug. Clipart. 23, 2006). ? 6 Gilman moved to dismiss the allegation of the aggravating factor of sentences essay his prior OUI convictions as a violation of his equal protection guarantees. Research Clipart. Dismissal of the education never essay, allegation would have reduced the charge to a Class D crime. See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for OUI.
The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by research paper the admission of www snopes com politics obama asp a certificate issued by paper the Secretary of State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the revocation, and (3) his driving record included three OUI convictions within the essay, previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of acquittal, and took the research paper clipart, ultimate issue of whether the State had met its burden of proof under advisement. Gilman then filed a written. argument asking the court to revisit its earlier rejection of his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution. The court heard argument and took the issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the court#8217;s reasoning on the Confrontation Clause issue and thesis physics again denied Gilman#8217;s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the paper clipart, court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman#8217;s due process claim and denied it. It then heard testimony relevant to the disproportionate punishment issue and sentencing from four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself.
At the conclusion of the hearing, the court took the disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Mr. Write. Gilman, as well as the clipart, manner in obama thesis asp, which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and paper clipart also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in in theoretical, his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Gilman. ? 11 At a final hearing on December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and research paper sentenced Gilman to fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of community service, and a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). The State orally moved the write, court to correct what it viewed as an illegal sentence pursuant to M.R.Crim.
P. 35(a);4 the clipart, motion was denied orally and later in a written order. Write My Homework. This appeal and cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is research clipart a declaration of rights enjoyed by Maine citizens. Section 9 sets limits on write, the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and research clipart punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me. Const. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an unsuspended prison sentence of at least two years.
29-A M.R.S. ? 2557-A(2)(D). Accordingly, the court#8217;s lesser sentence was facially illegal unless the court was correct in causes, its two central rulings: (1) article I, section 9 requires that punishments be proportionate to paper the offense after considering the circumstances of the general sentences essay, particular offender, not simply proportionate to the offense itself, and (2) because of clipart Gilman#8217;s individual circumstances, the mandatory sentence was disproportionate to his offense, and therefore the statute is unconstitutional in this instance.5 Gilman#8217;s burden is significant, as #8220;one challenging the never ends essay, constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). We review de novo whether he met that burden through a showing of #8220;strong and convincing reasons.#8221; Town of Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the research paper clipart, offense, has been an open question. In discussing a closely related provision of section 9, we left it unanswered: Assuming, without deciding, that it may be possible in rare cases that a mandatory minimum sentence is cruel and unusual because of the characteristics of the write, individual or because of the manner in research paper clipart, which the sentence is carried out, there was not enough information in my homework, this case for clipart the trial court to reach that conclusion. Essay. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to answer the question left open in paper, Worthley. For several reasons, we conclude that (1) section 9 requires only that a punishment be proportionate to the offense for write my homework which a person is convicted, (2) the two-year mandatory sentence prescribed by research statute is proportionate to the offense that Gilman committed, and never ends essay (3) the paper clipart, sentence imposed by the trial court was therefore illegal and. must be vacated.
Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendant#8217;s particular circumstances, we now hold that it is not possible. ? 16 The plain language of section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9 (emphasis added). It says nothing about the individual offender. General Essay. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used. Because the same principles employed in the construction of statutory language hold true in the construction of research paper a constitutional provision, we apply the plain language of the constitutional provision if the of hate crimes, language is unambiguous. Voorhees v. Clipart. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is unambiguous, and therefore we give it its plain meaning.
See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is a fundamental rule of statutory interpretation that words in of hate crimes essay, a statute must be given their plain and ordinary meanings#8221; (alteration in research paper, original) (quotation marks omitted)). Sentences Essay. ? 17 Our prior decisions support this construction. In each case where a minimum mandatory punishment imposed by the Legislature has been challenged as disproportionate or cruel and unusual under section 9, we have rejected the challenge after considering the paper, defendant#8217;s conduct.7 Only in Worthley did we refer to the characteristics of the individual offender, and then only to point out that we were not required in www snopes thesis asp, that case to decide whether individual characteristics could ever be a factor in the proportionality analysis. Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. required an individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. Michigan, 501 U.S. 957, 996, 111 S.Ct. Research Paper. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of www snopes thesis required individualized sentencing at capital cases, and see no basis for research paper clipart extending it further.#8221;). Regarding the Federal Constitution, the First Circuit Court of general sentences essay Appeals noted: There is no constitutional right, in non-capital cases, to research individualized sentencing. Legislatures are free to provide for in theoretical physics mandatory sentences for particular offenses.. . . Research Clipart. The mere fact that a sentence is www snopes asp mandatory and severe does not make it cruel and research paper clipart unusual within the www snopes thesis, meaning of the Eighth Amendment. United States v. Clipart. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is further supported by our cases holding that the Legislature has the power to enact mandatory sentences.
See State v. Essay. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Research Paper Clipart. Implicit in those decisions is essay stress solutions a recognition that the research, Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is never ends appropriate to do so, subject only to paper the constitutional prohibition against sentences essay, punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the language of section 9 requires and research paper clipart effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in finding that a mandatory sentence is write my homework disproportionate as applied to research clipart that person is simply reinstatement by judicial declaration of a sentencing court#8217;s ordinary discretion to weigh mitigating factors, and then impose a maximum sentence that is lower than the basic sentence. See 17-A M.R.S. ? 1252-C(2). A court would then always have the obama, sentencing discretion that the Legislature intended to remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in a particular case. We do not read article I, section 9 to research clipart render the Legislature#8217;s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the clause, #8220;all penalties and punishments shall be proportioned to the offense,#8221; means what its plain language says, and does not require consideration of the individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the power and obama asp duty to uphold the State and Federal Constitutions,#8221; and will #8220;protect the individual from an unconstitutional invasion of his rights by paper clipart the legislative . . . Thesis In Theoretical. branch of government.#8221; Dep#8217;t of Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Paper. Nevertheless, we recognize the primacy of the Legislature as #8220;the voice of the sovereign people#8221; in the area of crime and punishment: The fixing of an adequate criminal penalty is properly and legitimately a matter of legislative concern. Write. It is not the office of the judiciary to interpose constitutional limitations where none need be found.
Of course a mandatory sentence of great severity may at some point lose its rational relation to a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of constitutional dimensions. Paper Clipart. It seems to us that the interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the contours of the essay stress, crime itself, and sets the limits for punishment. . . . The underlying structure of the penal system is statutory; the coherence of the system is to be found in legislative direction. Research Clipart. State v. King, 330 A.2d 124, 127-28 (Me. Education Never Ends. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is research paper clipart vested in the legislative, not in the judicial department. It is the legislature, not the causes crimes, court, which is to define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the test for research determining when a sentence is my homework cruel and unusual as whether it #8220;is greatly disproportionate. . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is #8220;inhuman or barbarous,#8221; State v. Paper Clipart. Heald, 307 A.2d 188, 192 (Me.1973).
Because the stress, Legislature is #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and thus expresses the people#8217;s will, only the research clipart, most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the obama, people of clipart Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the of hate crimes essay, judgment of the Legislature is the collective judgment of the paper clipart, people. ? 24 Gilman was convicted of a Class C crime, punishable by a maximum of five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of two years, or forty percent of the general sentences, maximum. 29-A M.R.S. ? 2557-A(2XD). It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. Paper. that they are willing to endanger others by operating a motor vehicle while impaired, from continuing to drive under any circumstances.
A mandated sentence for that conduct on the lower end of the write my homework, zero-to-five-years scale is not the rare, extreme, or shocking case, and paper does not violate the proportionality requirement of article I, section 9. C. Essay. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for speeding, the Legislature had no rational basis for research paper increasing his sentence for causes of hate operating after revocation because of his prior OUI convictions. He acknowledges that in order to reach the result he seeks, we would be required to overrule our decision in State v. Chapin, where the research paper clipart, same argument was advanced and rejected. Master. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by drunk drivers was #8220;certainly strong enough#8221; to justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on research, the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the thesis, minimum statutory penalties for research clipart operating after revocationM had increased with the sentences, enactment of 29-A M.R.S. ? 2557-A. See P.L. 2005, ch. 606, ? A-11 (effective Aug.
23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to the defendant#8217;s detriment. 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to drive and thus knowingly violated the law. The Legislature changed the research, statute, the com politics obama thesis asp, Governor signed it into law, and Gilman is presumed to know what the law is. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911). Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the clipart, change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to of hate crimes essay break the paper, law. Moreover, the law in causes of hate crimes essay, effect at the time of paper his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12.
E. Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the witnesses against him was violated when the Superior Court admitted, over his objection, a certified record from the Secretary of State stating that his privilege to operate had been revoked, that he had received proper notice of the revocation, and causes of hate essay that he had three OUI convictions within the preceding ten years. As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Research Paper Clipart. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of education never ends State certification did not offend the Confrontation Clause because #8220;the certification served only to confirm the authenticity of the underlying records of the research paper, Violations Bureau, which themselves contain only routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . . Thesis Physics. that is not the paper, case if the regularly conducted business activity is the production of evidence for use at sentences essay trial.#8221; Id. at 2538, 174 L.Ed.2d at research 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and concluded that Tayman remains good law.
State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and consequently Gilman#8217;s argument fails. Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for resentencing. 1 The statute provided: D. A person is guilty of a Class C crime if the person commits the my homework, crime of operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the paper, previous 10 years. General Sentences Essay. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by research paper clipart the court. Com Politics Asp. 29-A M.R.S. ? 2557-A(2)(D) (2008).
The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. Research. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. My Homework. ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and equal protection claims are grounded in the United States or Maine Constitutions. In any event, those protections are coextensive. See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases).
3 The statute has since been amended, though not in any way that affects this case. P.L. Research Paper. 2009, ch. Com Politics Obama Thesis. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)). 4 The Rule provides: #8220;On motion of the . . . attorney for the state . . . made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. P. 35(a). 5 At oral argument, Gilman suggested that the minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to the sentences imposed by the Legislature for other crimes. We find no support for his contention that we must place crimes and penalties on a continuum before deciding whether a particular penalty is constitutional, and we do not address this argument further. 6 Although the Maine Constitution, unlike the United States Constitution, delineates the protections against disproportionate punishments and cruel or unusual punishments separately, both the Supreme Court and paper this Court have understood them to be related. See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . Www Snopes Com Politics Asp. . . The Eighth Amendment#8217;s protection . . . flows from the basic precept of justice that punishment for a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is cruel and unusual as applied, we look to research clipart whether the sentence is greatly disproportionate to the offense and thesis whether it offends prevailing notions of decency.#8221;); State v. Frye, 390 A.2d 520, 521 (Me.
1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the sentence is greatly disproportionate to the offense or the punishment offends prevailing notions of decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at research paper 43 (#8220;The interpretation of `cruel or unusual punishment#8217; also is informed by the requirement of write my homework proportionality.#8221;). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to the crime); State v. Paper. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to the offense); State v. Write My Homework. Briggs, 388 A.2d 507, 508 (Me. 1978) (holding mandatory $500 fine for night hunting not excessive); State v. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for paper clipart short lobsters not unconstitutionally excessive and value of lobsters in particular case irrelevant); c.f. State v. Alexander, 257 A.2d 778, 783 (Me.
1969) (holding five-day sentence imposed by court in its discretion for crimes essay contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at 540 (holding death penalty for research non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. Thesis In Theoretical. California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of research clipart twenty-five years to life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and unusual); Atkins v. Virginia, 536 U.S.
304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. Michigan, 501 U.S. 957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for possessing 672 grams of cocaine not cruel and unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at a maximum sentence that may be higher or lower than the basic sentence, and stress solutions finally determines whether any of the maximum sentence should be suspended in arriving at a final sentence. Research Paper Clipart. 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Maine Constitution gives the Governor the equitable power to causes of hate crimes essay #8220;grant reprieves, commutations and pardons#8221; in individual cases. Me. Const. art. V, pt. 1, ? 11.
11 Discussing what would qualify as disproportionate under the Eighth Amendment, the research clipart, Supreme Court used the hypothetical example of #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and replaced by P.L. Causes Of Hate. 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). The indictment against Gilman alleged that his most recent OUI conviction occurred on paper, October 14, 2005. Gautier#8217;s conviction for being a felon in general sentences essay, possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. 590 F.Supp.2d 214. UNITED STATES of research America, Eddie GAUTIER, Defendant. Criminal No.
06cr0036-NG. United States District Court, D. Massachusetts. December 23, 2008. Education Never Ends Essay. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED.
Oscar Cruz, Jr., Timothy G. Research. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier. General Sentences. William D. Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for United States of America. GERTNER, District Judge: TABLE OF CONTENTS. A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. 1. Whether the Crime Defined by research Prong (2) of § 32B Is a Violent. 2. Whether the Crime Defined by education ends Prong (2) of § 32B Is a Violent. B. Paper Clipart. Whether the 1998 Juvenile Offenses Were Committed on Different. 2. Whether the Inquiry Is Limited, to Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and causes of hate crimes essay ammunition in the pocket of defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury. The offense stemmed from a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an inoperable gun did not constitute a crime under state law.
The federal government took up the case, charging Gautier with being a felon in research clipart, possession of a firearm, pursuant to 18 U.S.C. § 922(g)(1), because of his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and general sentences a resisting arrest charge from 2001, when he was 20. Clipart. (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. Causes Essay. But the government wanted more punishment for Gautier. It contended that these convictions compelled the clipart, application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (#8220;ACCA#8221;). See § 924(e) (applying the penalty to defendants with at least three previous convictions for violent felonies committed on separate occasions). I disagree.
In passing the ACCA, #8220;Congress focused its efforts on career offenders— those who commit a large number of fairly serious crimes as their means of www snopes com politics obama thesis asp livelihood, and who, because they possess weapons, present at least a potential threat of harm to persons.#8221; Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of six episodes over research paper clipart ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. After two rounds of www snopes com politics obama thesis asp briefing and two sentencing hearings, I found that Gautier is research paper clipart not an armed career criminal under the terms of the master thesis in theoretical, statute. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on paper clipart, the question of whether his 1998 offenses were #8220;committed on occasions different from one another#8221; as the statute requires.
As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Accordingly, I sentenced Gautier to 57 months#8217; incarceration, in effect the Guideline felon in possession sentence, and three years#8217; supervised release, with a number of special requirements. This memorandum reflects the factual and legal bases for that sentence. On the night of January 6, 2006, Eddie Gautier had come to www snopes thesis the Archdale Housing Project to visit his mother. He decided to meet four friends who were out celebrating two of their birthdays. Paper Clipart. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in my homework, an unmarked police car approached the paper, group.
One of Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and made movements toward his waistband. The officers exited the car, badges displayed, and walked to Cabrera. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier#8217;s jacket pocket. An examination later revealed that the gun was completely inoperable.3. Gautier was transferred to federal custody on February 8, 2006, and indicted on February 15, 2006, on stress solutions, one count of felon in possession of a firearm and one count of felon in possession of research clipart ammunition, both pursuant to 18 U.S.C. § 922(g)(1). Subsequent to his arrest, he agreed to speak to sentences essay federal agents and police investigators, admitted to possessing the research paper, gun, and causes essay divulged where it had come from. Indeed, according to his counsel, the research clipart, defendant repeatedly offered to plead guilty to the charge, but was advised against it because of the possibility of an ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). General Sentences Essay. When the pre-plea PSR concluded that an research clipart, ACCA enhancement was required, the defendant felt obliged to go to trial.
At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction. His defense was that he had picked up the gun and held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of write Boston. The jury rejected his claim, convicting him of clipart both counts on master physics, July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on research clipart, October 15, I asked the government to brief whether resisting arrest qualifies as an ACCA predicate, an issue raised in the defendant#8217;s objections to the presentence report. On that date, I also raised sua sponte the issue of whether the juvenile. offenses Gautier committed in 1998 were clearly separate predicates. At the stress, final sentencing hearing on December 15, 2008, after reviewing the parties#8217; submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well.
Gautier#8217;s conviction for being a felon in research clipart, possession of a firearm pursuant to essay 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the research clipart, Armed Career Criminal Act. That statute provides: In the of hate crimes, case of a person who violates section 922(g) of this title and has three previous convictions by paper clipart any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years#8230;. 18 U.S.C. § 924(e)(1). Gautier#8217;s sentencing memorandum and obama thesis recent Supreme Court decisions raise two potential obstacles to the applicability of the sentencing enhancement: First, Gautier#8217;s conviction for resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the government may have difficulty establishing, on the basis of clipart source material deemed appropriate by the Supreme Court, that the my homework, 1998 offenses were #8220;committed on occasions different from research clipart one another.#8221; A. Essay. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. Laws Ch. 268, § 32B Is a Violent Felony. Clipart. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an element the use, attempted use, or threatened use of my homework physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. § 924(e)(2)(B). Courts are obliged to apply a categorical approach to determining whether a criminal offense is a violent felony; that is, they look to the statutory definition of the prior offense and not to the facts underlying the conviction.
See Taylor, 495 U.S. at 600, 602, 110 S.Ct. Paper Clipart. 2143. Put simply, the issue is what the defendant was convicted of, or what he pled to, or what he admitted in the sentencing proceeding, not what he actually did. United States v. Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is involved. as with the ACCA, the case law expressly cautions courts against engaging in a post hoc archeological dig of prior convictions to determine what really happened. Www Snopes Com Politics Obama Thesis. Problems of interpretation arise when a state statute on clipart, which the predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and nonviolent felonies, which do not. In such a case, while the sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. General Sentences Essay. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Research. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to ascertain whether the conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994).
The question, now unequivocally answered by the Supreme Court in Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), is how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. General Sentences Essay. 2143; Damon, 127 F.3d at 142-46.) If the defendant was convicted after a trial, the court is permitted to consider what the research, jury instructions suggested about the verdict. When a defendant#8217;s conviction resulted from a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the com politics obama thesis, plea colloquy, any facts confirmed by the defendant at sentencing, and any comparable judicial record. See Shepard, 544 U.S. at research paper 26, 125 S.Ct. Sentences. 1254. Paper Clipart. Finally, if the relevant facts contained in the PSR are uncontested, the court may consider these as further admissions by the defendant.
See Dueno, 171 F.3d at 7; United States v. Essay Stress. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the Massachusetts resisting arrest statute embodies both violent and clipart nonviolent offenses and, further, that nothing in the record of Gautier#8217;s 2002 plea to the charge establishes that the plea was to causes of hate crimes essay the violent version of the felony. Under the Massachusetts statute, a person is guilty of the offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by #8220;(1) using or threatening to use physical force or violence against the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.#8221; Mass. Gen. Laws ch.
268, § 32B(a). Research Paper Clipart. The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. Never Ends. § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. 3 (document # 62). Prong (2) of the resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and research paper no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the master, police report of the offense, Gautier did not adopt the facts as true. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by paper clipart the plea colloquy. Accordingly, as in Shepard, the criminal complaint to which Gautier pleaded is the only extant evidence I may consider, and never ends it simply lists the research clipart, offense and provides its full statutory definition.5 As there is general no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and as the. Research Paper. statute is structured in the disjunctive, the general sentences essay, government must establish that Prong (2) defines a violent felony under the research paper, ACCA. It cannot.
1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in the ACCA. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. Laws. ch. 268, § 32B(a), does not explicitly #8220;ha[ve] as an my homework, element the use, attempted use, or threatened use of physical force against the person of research paper another,#8221; 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the fact that the Prong (1) definition of resisting arrest does contain such an element, coupled with Prong (2)#8217;s specification of sentences resistance by #8220;other means,#8221; suggests that Prong (2) does not involve such an research paper clipart, element by implication, either. My Homework. 2. Whether the Crime Defined by research paper clipart Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for master the armed career criminal mandatory minimum, it must do so under the second definition provided by the ACCA. Since resisting arrest is obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the use of explosives—the inquiry focuses on what has been called the residual clause of the ACCA statute. Research Paper Clipart. See James v. General Sentences Essay. United States, 550 U.S. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007).
The issue is whether resisting arrest #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; in the language of the Massachusetts statute, Mass. Gen. Laws. ch. 268, § 32B, #8220;involves conduct that presents a serious potential risk of research clipart physical injury to another,#8221; in general sentences, the language of the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the question seems to answer itself, but the Supreme Court has required more than a textual comparison of the criminal statute and the ACCA under the research paper clipart, residual clause.
In Begay v. Thesis. United States, ___ U.S. ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a #8220;violent felony#8221; under the research clipart, residual provision of § 924(e)(2)(B)(ii). Where the offense in question is not one of those enumerated in essay, the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of physical injury to another,#8221; but also (2) whether the crime is research paper #8220;roughly similar, in kind as well as in degree of risk posed, to solutions the#8221; enumerated offenses. Id. at 1585. The latter step is critical here. It requires a court to decide whether the offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;—the defining feature of the enumerated offenses. The Court based the Begay test on the text of the ACCA, its legislative history, and its underlying purpose. As to text, the court noted that the research clipart, presence of the enumerated offenses of causes of hate essay burglary, arson, extortion and crimes involving explosives #8220;indicates that the statute covers only similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.#8217;#8221; Id. Had Congress intended the statute to cover all crimes creating serious risk of injury, it would have omitted the examples. As to history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at clipart 1586.
Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of sentences #8220;punish[ing] only a particular subset of offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and #8220;aggressive#8221; conduct#8230;. That conduct is such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;. Were we to read the paper clipart, statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). In Begay, the never ends, Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at 1584. Even so, it held under the second step of the analysis that a conviction for driving under the influence (#8220;DUI#8221;) falls outside the scope of the residual clause because #8220;[i]t is simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by research paper clipart a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. James, 127 S.Ct. at 1597. In the causes of hate essay, words of the First Circuit, I must evaluate the degree of risk posed by #8220;the mine-run of conduct that falls within the heartland of the statute.#8221; United States v. Research Paper Clipart. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the write my homework, crime of being a felon in possession of a firearm is research clipart not a violent felony under the ACCA because risk of essay physical harm does not #8220;often accompany the conduct that normally constitutes#8221; the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the research paper clipart, district court#8217;s understanding that it had to general essay consider #8220;what#8217;s the typical, usual type of conduct#8221; constituting statutory rape); Damon, 127 F.3d at paper 143 (holding that aggravated criminal mischief is my homework a crime of violence #8220;if and only if a serious potential risk of physical injury to another is a `normal, usual, or customary concomitant#8217; of the predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of possibilities girdled by that language; instead, a categorical approach is concerned with the usual type of conduct that the statute purports to proscribe.#8221;).
To determine the research paper, mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the statute. In Commonwealth v. Grandison, 433 Mass. Write My Homework. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and clipart pulling one away for a second to avoid being handcuffed constituted resisting arrest by my homework a #8220;means which creates a substantial risk of causing bodily injury#8221; to the officers involved. Id. at paper 144-45, 741 N.E.2d 25. In Commonwealth v. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. Essay. In another case, a state court declined to. decide whether flight over paper clipart fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition.
Commonwealth v. Write. Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008). These cases indicate that while Prong (1) of the resisting arrest statute covers the actual or threatened use of force, the mine-run of paper clipart conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to submit to the authority of the arresting officers#8221;: paradigmatically, the stiffening of one#8217;s arms to resist handcuffing. Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the general sentences, first prong of the Begay analysis, I must determine whether the research paper, Prong (2) definition of resisting arrest #8220;presents a serious potential risk of physical injury to sentences essay another.#8221; Stiffening one#8217;s arms to prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of research clipart injury, and at least one court has suggested this inconsistency as a ground for write my homework finding that a criminal offense fails to satisfy this part of the test. See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at *2 (D.Kan. Research Paper. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an individual can, and essay often does, cause serious personal injury or death while attempting to flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.#8221;).
In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling one#8217;s arm free, is paper clipart #8220;[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at www snopes obama asp the moment [the defendant] freed his arm.#8221; 433 Mass. at paper clipart 145, 741 N.E.2d 25. Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the thesis asp, resisting arrest statute presents a serious potential risk of paper injury to another, that form of resisting arrest cannot fulfill the second part of the Begay test. The crime is not #8220;roughly similar, in kind as well as in degree of risk posed, to sentences the#8221; enumerated offenses. Paper. Begay, 128 S.Ct. at 1585. First, looking to the degree of risk: Even if the Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to another, the degree of that risk does not approach that posed by write my homework burglary, arson, extortion, or crime involving use of explosives. The Supreme Court has explained that burglary presents a high risk of violence due to #8220;the possibility of a face-to-face confrontation between the burglar and a third party #8230; who comes to investigate.#8221; James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the #8220;powder keg#8221; rationale). The element of surprise that spooks a burglar into personal violence is paper clipart not present where police are already in the process of master thesis in theoretical arresting a suspect.8 It is. Research. measurably less likely that injury will result from the stiffening of my homework one#8217;s arms than that it will result from research clipart a burglary, the setting of a structure on fire, unlawfully demanding property or services through threat of harm, or the detonation of explosive devices.9. Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is similar in kind to ends the enumerated offenses: This inquiry requires me to determine whether the research paper, offense involves #8220;purposeful, violent, and aggressive behavior.#8221; In Begay, the Court held that drunk driving does not fulfill the test because the never, offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses.
128 S.Ct. at 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in respect to clipart which the offender need not have had any criminal intent at all.#8221;); see also United States v. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of violence because it is not intentional). But as the causes of hate crimes, First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the paper clipart, safe harbor of education never ends essay offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.#8221; Id. at 7 (citation omitted). Prong (2) resistance is such a crime. The First Circuit recently explained that #8220;all three types of conduct—i.e., purposeful, violent and research aggressive—are necessary for a predicate crime to qualify as a `violent felony#8217; under ACCA.#8221; United States v. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). Causes Of Hate. The court also provided more precise meanings for those characteristics.
It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at 1587-88. Perhaps because it is research paper common sense that a DUI is not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in turn is defined as #8220;a forceful action or procedure (as an unprovoked attack) esp. when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed. 2003). Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for homicide by negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at in theoretical 59. While the research clipart, offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to be similar #8220;in kind#8221; to the enumerated offenses. Id. In Theoretical Physics. A similar conclusion obtains here.
To be sure, the Prong (2) form of resisting arrest is purposeful in that a defendant who stiffens or pulls away his arm certainly intends to do so (though he may not intend to expose others to paper risk of injury). It is differently purposeful, however, from the interstate transport of a minor for causes of hate crimes prostitution, which the First Circuit held in Williams constituted a #8220;crime of violence#8221; under the career offender provision of the sentencing guidelines. 529 F.3d at 7-8. A defendant who prostitutes minors #8220;is aware of the risks that the prostituted minor will face#8221; and the risk of harm is #8220;easily foreseen by the defendant,#8221; id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Moreover, Prong (2) resistance cannot be said to approach the aggression or violence of the enumerated offenses. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct.
2143 (noting that Congress considered burglary #8220;one of the `most damaging crimes to research paper clipart society#8217; because it involves #8216;invasion of write [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and research paper clipart valued possessions#8217;#8221; (quoting H.R.Rep. Solutions. No. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is research paper not characterized by the force or domination impulse that the First Circuit has held defines aggression, and it lacks the extreme force and sudden intenseness required by the court#8217;s definition of general essay violence. See Herrick, 545 F.3d at research paper clipart 60. Nor does it resemble those offenses previously held by solutions the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause.
See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Research Clipart. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of another); United States v. Causes Crimes. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. United States, 2004 WL 1571643 (D.Me. Apr. 30, 2004) (breaking and entering a commercial building); United States v. Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a person over 14 years old). And those cases predated Begay, when the standard for finding an offense to research be a #8220;violent felony#8221; was easier to satisfy. In light of the difference in write my homework, aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the #8220;`way or manner#8217; in research paper clipart, which it produces#8221; risk of injury. Begay, 128 S.Ct. at www snopes obama thesis asp 1586. To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay. #8220;charted a new course in interpreting the research paper clipart, critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at stress 6. Research Paper. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the government#8217;s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a #8220;crime of violence#8221; under the career offender guidelines. United States v. Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Jun.
24, 2008) (sentencing defendant without written opinion to twenty-four months imprisonment for conviction under 18 U.S.C. § 922(g)). In another post-Begay case on resisting arrest, the U.S. District Court for causes of hate crimes essay the District of Kansas held that the crime of research paper fleeing and eluding an officer is not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and education never essay because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in § 924(e)(2)(B)(ii). Urbano, 2008 WL 1995074, at *2. Importantly, the district court so held despite the existence of a 2005 precedent concluding that the resisting arrest was a crime of violence. The court explained its about-face as required by Begay.
Id. at paper *2. In light of the Supreme Court#8217;s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is not a #8220;violent felony#8221; under the ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of one#8217;s arms, not the application of force to another. Even assuming that such conduct creates a serious potential risk of essay stress solutions physical injury, it certainly does not resemble the paper clipart, enumerated offenses either in degree of write my homework risk or in kind. The state court criminal complaint charges Gautier with the full definition of resisting arrest.
Because the government cannot establish that he pleaded to research paper Prong (1) rather than to causes essay Prong (2)—as it must— it cannot look to research paper this conviction for a qualifying violent felony. Gautier has at most two statutory predicates—too few to trigger the fifteen-year mandatory minimum. B. Whether the 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Stress. Legal Standard. That Gautier#8217;s resisting arrest conviction is not a violent felony is enough to preclude the application of the ACCA enhancement. In the alternative, I find the enhancement is also flawed for a second reason: his 1998 juvenile offenses were not #8220;committed on occasions different from one another#8221; as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1). The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the #8220;identity of the victim; the type of crime; the time interval between the crimes; the location of the crimes; the continuity vel non of the defendant#8217;s conduct; and/or the apparent motive for the crimes.#8221; Id. Paper. As one would expect from www snopes com politics asp Congress#8217; use of the word #8220;occasion,#8221; the research clipart, First Circuit has focused on essay stress solutions, the element of time. The Stearns court summarized that the statute distinguishes between, on the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of criminal activity and in research paper clipart, which he may contemplate whether or not to commit the second crime,#8221; and on essay solutions, the other, #8220;a time lapse which does not mark the endpoint of the research, first crime, but merely the natural consequence of a continuous course of extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. Essay Solutions. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me.
Dec. 21, 2007) (two robberies committed over five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the same victim and research paper clipart defendant was convicted and sentenced for both on the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on different occasions for the purposes of the ACCA, even though defendant received concurrent sentences). 2. Whether the write my homework, Inquiry Is Limited to Shepard-approved Source Material. Again, in order to apply the above legal standard to paper the facts of Gautier#8217;s prior felony convictions, I must answer an antecedent question: from what sources may I glean those facts?
As explained above, the Supreme Court has directed courts to sentences apply a #8220;categorical approach#8221; to determining whether a prior conviction qualifies as a #8220;violent felony#8221; and thus predicate offense under the paper clipart, ACCA. Taylor v. United States, 495 U.S. 575, 588, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). In the case of a guilty plea, the Court has limited district courts to #8220;the terms of the charging document, the write my homework, terms of a plea agreement or transcript of colloquy between judge and defendant in research, which the in theoretical physics, factual basis for the plea was confirmed by the defendant, or to clipart some comparable judicial record of this information.#8221; Shepard, 544 U.S. at 26, 125 S.Ct. 1254. The issue I confront here is www snopes com politics whether this same source restriction applies to my consideration of whether two offenses were #8220;committed on occasions different from one another.#8221; 18 U.S.C. § 924(e)(1).
The First Circuit has never ruled on this issue. Research. In a pre-Shepard case, the court #8220;express[ed] no opinion#8221; on the lower court#8217;s citation of Taylor for the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the ACCA.#8221; Stearns, 387 F.3d at sentences 107. In that case, the defendant sought an evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to forbid such an involved inquiry and research denied his motion, but because the defendant accepted the judge#8217;s ruling without objection, the First Circuit held he could not raise the causes crimes essay, issue on paper, appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the First Circuit again declined to resolve the issue. The defendant argued it was error for the district court to education never use facts gleaned from police reports and described in the PSR to paper clipart find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from one another.#8221; Id. at 38. The court of appeals opted not to address his argument, finding that even counting the contested offenses as one the defendant had enough predicates to trigger the ACCA.
Id. at education essay 40. At least three circuit courts have held that the research clipart, source restriction applies to the occasions inquiry. The Fourth Circuit held in United States v. Thompson, 421 F.3d 278 (4th Cir.2005), that the #8220;ACCA#8217;s use of the term `occasion#8217; requires recourse only to data normally found in conclusive judicial records, such as the write my homework, date and location of an offense, upon which Taylor and Shepard say we may rely.#8221; Id. at 286 (upholding trial judge#8217;s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from Shepard-approved sources such as indictments and paper clipart where defendant never objected to the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir. 2007) (assuming that the essay, occasions inquiry can be conducted by reference to Shepard-approved sources only). In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the court could not establish on the basis of research clipart Shepard-approved material that the predicate offenses were committed on in theoretical physics, different occasions. Id. at 279; see also United States v. Bookman, 197 Fed. Paper. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of master in theoretical physics his predicate offenses was not established by Shepard-appropriate material).
The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and research paper clipart remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Com Politics Asp. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Several district courts have come to the same conclusion. See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct.
16, 2008) (limiting the occasions inquiry to facts available in Shepard-approved material), including at least one court in a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla. June 26, 2007) (accepting the applicability of research paper clipart Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on three separate occasions#8221;). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to thesis in theoretical physics the occasions inquiry. Research. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the specific facts underlying the prior convictions. General Sentences. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the predicate offenses.#8221; United States v. Paper Clipart. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to venture beyond the decisional documents envisioned by sentences Taylor, reasoning that these only rarely provide the paper clipart, details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the occasions inquiry), and the Eleventh Circuit has held on the same grounds that the master, question is #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir.
2007) (affirming the district court#8217;s use of the PSR to research paper determine that defendant had three predicates from different occasions for the ACCA). I find that the asp, former approach is more faithful to paper the Supreme Court#8217;s rulings in Taylor and Shepard and causes crimes essay makes sense in terms of the application of the very severe ACCA. As I explained in my remand opinion in research, Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the stress, judge against clipart, becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at the time of the state offense.#8221; United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). Essay. The central question in identifying countable predicate offenses where the defendant did not go to research clipart trial is #8220;what did the defendant plead to in the state court?#8221; Id. at 17. Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by pleading to the facts alleged or failing to object to them at sentencing.14.
In light of the general essay, Supreme Court#8217;s caution in this area and the judgment of the courts of appeals, I find that I am limited to research #8220;the statutory definition, charging document, written plea agreement, transcript of in theoretical plea colloquy, and research clipart any explicit factual finding by the trial judge to which the master thesis in theoretical physics, defendant assented#8221; in determining whether the defendants prior offenses were committed #8220;on occasions different from one another.#8221; Id. at 16. 3. The 1998 Offenses. In the instant case, the only Shepard-approved sources available to research paper clipart me in deciding whether the 1998 offenses occurred on different occasions are the state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. Essay. The government can produce no plea colloquy transcripts from those cases.
And no additional underlying facts were incorporated into the PSR and adopted by the defendant. PSR ¶¶ 35-36 (repeating the details provided in the indictments and specifically stating that police reports were not received). While the plea tenders merely contain the defendant#8217;s and prosecutor#8217;s dispositional requests, several things are evident from the paper clipart, face of the indictments. In Suffolk Superior Court case no. 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no.
98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and general sentences essay battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.#8217;s car, robbed him of $25.00, and confined or imprisoned him against his will. Clearly, the defendant committed these crimes against research paper, different individuals. But the type of crime at issue here (armed robbery) and the apparent motive (monetary gain) were identical as to of hate both victims. Crucially, specific as they are, the paper, charging documents do not reveal the location of the crimes, the time interval between the offenses, or the continuity of the conduct. It is therefore not #8220;possible to discern the point at never which the first offense is completed and the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008).
Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Research Clipart. Finally, I consider whether the mere fact that the offenses against F.L. and those against E.M. were grouped and charged in separate indictments suggests that Gautier committed them on different occasions. It is write well settled that there is no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Brown, 181 Fed. Clipart. Appx. General Essay. 969, 971 (11th Cir.2006) (noting that while #8220;the three qualifying offenses must be temporally distinct,#8221; separate indictments are not required); United States v. Research Paper. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). As such, courts have found that the existence of separate indictments is not dispositive evidence that the crimes alleged therein were committed on essay, different occasions. Research Paper. See, e.g., United States v. Essay Stress Solutions. Alcantara, 43 Fed.Appx.
884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on #8220;occasions different from one another#8221; for research paper clipart the purpose of the ACCA); cf. United States v. Write My Homework. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of whether prior crimes were #8220;related#8221; under the Sentencing Guidelines criminal history provisions, then ruling that the existence of research clipart separate indictments did not mean they were unrelated). This conclusion applies with the same force to thesis the instant case. Prosecutors have wide discretion as to the form of research criminal charging. Under Massachusetts Rule of Criminal Procedure 9(a)(2), the Commonwealth #8220;may#8221; charge two or more related offenses in causes of hate crimes, the same indictment, and it may not.
The fact that the Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about paper how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. IV. THE SENTENCE. A. The Guidelines Computation.
I accept the presentence report computation of the Guidelines to this extent: the obama, base offense level is research paper 24 under U.S.S.G. § 2K2.1(a)(2). Stress. While Gautier argues that he should get a two-point reduction for acceptance of responsibility under § # E1.1(a) and (b), I disagree at least as Guidelines interpretation is concerned. I consider this issue in connection with the 3553(a) factors (see below). While the government argues that the research, defendant committed perjury during his trial testimony, I do not agree and will not enhance under § 3C1.1. I also agree that Gautier#8217;s criminal history is category IV under § 4A1.1(d) and (e). The Guidelines range, then, is 63-78 months.
B. 18 U.S.C. § 3553(a) Factors. Gautier argues for a 48-month sentence because the gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to be imminent harm to essay solutions others, and because he has turned his life around while in custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the purposes of 3553(a) for the following reasons: 1. Nature and Circumstances of the Offense. Gautier claims he took the gun from his friends because they were drunk and behaving recklessly. Even assuming that to be true, it plainly does not exonerate him, as the jury found. Given his record, he should not have put himself in a position where the offense was even possible: in the Archdale projects, with drunk and disorderly compatriots, so much as touching a firearm. Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at the time, or did regularly. 2. Deterrence; Public Safety.
Gautier cooperated with the authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to trial on the advice of his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at paper his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in his life. Stress. Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and the family then relocated from Puerto Rico, his birthplace, to Providence, Rhode Island, and then to Boston after a fire damaged their home. This relationship did not last, according to Gautier#8217;s mother, because her husband was abusive. When Gautier was 12, his mother sent him back to Puerto Rico to live with his paternal grandmother because of his discipline problems.
He stayed there until age 16 when he returned to Massachusetts. DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and cradled his friend as he died. Research. After this incident another good friend. died of complications relating to pneumonia. Soon thereafter, he was committed to DYS for a number of offenses. He was released on general sentences, parole at age 17, but was in and out of custody until age 21 due to the offenses described above. Research. Notwithstanding these difficulties, Gautier secured a high school diploma while at thesis asp DYS and received asbestos removal training upon his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of their son Zion Edwards Gautier.
The couple parted company when Gautier was incarcerated. While in paper, prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the write my homework, prison chaplain. Gautier spoke movingly of this work. He indicated to Probation that he hopes to research attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from write future offending, but also a track record of missteps that plainly require both punishment and assistance. Gautier has made efforts to give his life structure, but needs more.
I have required Probation to devise a recommended plan for him, both as a recommendation for the Bureau of research paper Prisons during the period of his incarceration and as a template for physics his supervised release afterwards. Clipart. Studies suggest the significance on recidivism of a consistent plan, beginning in my homework, prison and extending into research reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed. S.R. 258 (2000). In addition to that plan, as a condition of stress supervised release, Gautier is to speak at research paper high schools or to other young men identified by Probation as #8220;at risk.#8221; I believe that a sentence of master thesis in theoretical 57 months is appropriate here for the following reasons. Paper. It marks the low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in possession, without the ACCA enhancement, and pled to that offense as he had wanted to do.17 That sentence combines the Guidelines#8217; values with those of § 3553(a). 1. In Theoretical Physics. The ballistics report observed that #8220;a portion of the trigger guard is research clipart broken off, the ejector rod collar is out of place, the ejector rod spring is never essay defective, the ejector rod will not secure the cylinder in the closed position, the research paper clipart, cylinder hand is not making contact with the essay, cylinder, and research paper clipart neither the trigger nor the essay stress solutions, hammer can be drawn back to the firing position. There is rust on the cylinder, the ejector, the crane, and the trigger. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent.
Mem., Ex. Research Clipart. B (document # 60-2). 2. His prior convictions include offenses committed in master, the course of two armed robberies perpetrated on the same day in 1998; marijuana possession and distribution in 2001; resisting arrest and trespassing in 2001; possession with intent to distribute marijuana in 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) ¶¶ 35-40. 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and do a year#8221; and paper clipart #8220;That#8217;s a separate charge?
Of course it#8217;s gonna have bullets in it, it#8217;s a gun.#8221; He waived his Miranda rights and made similar statements during a police interview. Solutions. 4. In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and the defendant#8217;s shared belief that the defendant was pleading guilty#8221; to a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the central question was, what did the defendant plead to in state court, and research paper that the solutions, police reports did not provide reliable evidence on that central question. United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the police reports could be considered and research paper clipart instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to police reports or complaint applications not made a part of the plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony.
Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the word #8220;some#8221; for the word #8220;any#8221; in never ends essay, #8220;any other means.#8221; This discrepancy is of no consequence in research paper, this case. Causes Of Hate. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the statutory definition.
Id. at 719. 7. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. Mem. 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at the very core of Prong (2) resistance. Research Paper Clipart. 8. Last month, the Supreme Court heard argument in a case presenting the question of whether failure to report to prison is a violent felony under the ACCA. Www Snopes. Chambers v. United States, No.
06-11206, 2008 WL 4892841 (U.S. Nov. Research Clipart. 10, 2008). This case presents the Court with an stress solutions, opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to take the defendant into custody. The Seventh Circuit held as a matter of research paper stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an embarrassment to the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to causes crimes the possible danger of physical injury posed by criminals who fail to show up to begin serving their sentences.#8221; United States v. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against an arresting officer.
In that case, however, the research paper, defendant would be guilty of obama resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense. 10. The First Circuit has repeatedly held that #8220;[g]iven the similarity between the ACCA#8217;s definition of `violent felony#8217; and the definition of `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is paper clipart generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of whether a conviction for resisting arrest was a prerequisite #8220;crime of violence#8221; under the career offender guideline, U.S.S.G. § 4B1.1. He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in Shepard#8221; and stress solutions the fact that the resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.#8217;#8221; Id. at 310. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for career offender status. In United States v. Almenas, Judge Saylor denied without opinion the defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for research paper career offender status. Asp. In that case, however, the clipart, defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for it. Of Hate Crimes. (Almenas is clipart now on appeal at the First Circuit. Write My Homework. See Almenas v. United States, No.
06-2513. Because the parties in that case have urged the court to remand the case on alternative grounds—namely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. Clipart. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)—I resolve the issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in physics, Maryland was a violent felony under the research paper, residual clause of § 924(e)(1)(B)(ii) because #8220;[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and sentences essay the subject of the arrest, creating the potential for serious physically injury to the officer and others.#8221; Id. at 455. Because the court made no attempt to identify the research clipart, type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to the one at issue here. Write. Finally, the Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of violence#8221; under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the possibility of a violent incident.
See id. at 1055. 12. The government urged me to paper consider this alternative holding, even though it had not fully briefed it, in order to avoid addressing this issue on a remand, in the event of resentencing. 13. This view accords with the in theoretical physics, guidance provided to trial judges in other circuits. See, e.g., United States v. Research Paper. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because #8220;it is possible to discern the obama thesis, point at which the first offense is completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on same night in clipart, separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to commit another crime after completing the first). 14.
The Shepard Court came to in theoretical this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of fact about what the defendant and state judge must have understood as the factual basis of the prior plea, and the dispute raises the concern underlying Jones [v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and paper clipart Apprendi [v. New Jersey, 530 U.S. General Sentences Essay. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury#8217;s finding of any disputed fact essential to increase the ceiling of a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S.
224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), allows a judge to research clipart find a disputed prior conviction, #8220;the disputed fact here #8230; is too far removed from the conclusive significance of a prior judicial record, and too much like the findings subject to Jones and thesis Apprendi, to research clipart say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the ACCA, one of his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. First, an offense is not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for essay stress a term exceeding one year,#8221; 18 U.S.C. § 924(e)(2)(B), and a crime is clipart not punishable by imprisonment for a term exceeding one year if it has been #8220;set aside#8221; under state law, § 921(a)(20). Write. In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is research paper discharged from www snopes com politics asp Department of Youth Services (#8220;DYS#8221;) custody.
See Mass. Gen. Laws ch. 120, § 21. Research Paper Clipart. Gautier notes that for essay one of the two indictments on which he was convicted in 1998, he was adjudicated a youthful offender, committed to DYS custody, and research clipart then discharged at age 21. Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the my homework, ACCA. The ACCA, however, is research paper clipart not absolute in refusing to count convictions that have been set aside. It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Where a defendant#8217;s conviction is set aside by automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is read to include restrictions applied by state statutory law.
See United States v. Caron, 77 F.3d 1, 4 n. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from DYS was accomplished by statute, Mass. Gen. Laws. Causes. ch.
120 § 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. 140 § 131(d)(i), applies to him. As a result, he cannot escape the paper, ACCA sentencing enhancement through the § 921(a)(20) exception. 16. The government suggested at the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the gun. Com Politics Obama Thesis Asp. He attempted to explain that possession to paper the jury. Given the enormity of the ACCA enhancement, I credit his counsel#8217;s advice and the motivation for the trying the case. 17.
Base offense level 24, minus 3 for acceptance of responsibility, and never ends criminal history category IV.
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Contribution Of Auguste Comte Essays and Research Papers. Auguste Comte Nicole Ogunlana Dr. Carl Lloyd Gardiner Sociology 1301 28th March 2012 Auguste . Comte and contribution to Sociology Auguste Comte was born in January 20th 1789 and research paper died in thesis asp, 1857 of cancer. Paper? Auguste was the founder of French positivism and widely accredited with the establishment of sociology. Therefore Auguste Comte is known as the father of sociology.
Auguste was a Roman Catholics like his parents Louis Comte a tax official and Rosalie Comte ; however he abandoned the master thesis, ideals. Auguste Comte , Emile Durkheim , Metaphysics 1564 Words | 4 Pages. Auguste Comte was a French philosopher who lived most of his life in research clipart, the 19th century. Comte was born in 1798 at . Montpellier, in southwestern France. He died in www snopes com politics obama, Paris on September 5th, 1857. His birth name was Isidore Marie Auguste Francois Xavier Comte . Auguste Comte was born into a catholic family. He embraced the religion in his early life, but around age 14 he decided that he no longer believed in God.
He was also born into research clipart a royalist family. He later abandoned the political views taught. Auguste Comte , Idea , Mind 798 Words | 3 Pages. Auguste Comte Theory on Sociology. Chapter Summary Positivism The thoughts of Auguste Comte (1798-1857), who coined the term sociology, while dated and riddled . with weaknesses, continue in many ways to be important to contemporary sociology. First and foremost, Comte's positivism — the search for general, invariant laws governing the social and natural worlds — has influenced profoundly the ways in research clipart, which sociologists have conducted sociological inquiry.
Comte argued that sociologists (and other scholars), through theory, speculation, and. Auguste Comte , Emile Durkheim , Political science 1112 Words | 4 Pages. AUGUSTE COMTE The purpose of any science is the forecasting. A science is not completely known as long as one does not know its . history. Auguste comte (19 January 1798 – 5 September 1857), was a French philosopher, a founder of the discipline of www snopes com politics obama thesis asp sociology and research paper of the doctrine of positivism. He may be regarded as the education never essay, first philosopher of science in the modern sense of the term. Auguste Comte was the first to develop the concept of sociology. He defined sociology as a positive science. His major.
Auguste Comte , Philosophy of science , Positivism 450 Words | 2 Pages. Auguste Comte (1798 - 1857) was a French positivist thinker and came up with the research clipart, term of sociology to name the new science made . by Saint-Simon.One universal law that Comte saw at master in theoretical, work in all sciences he called the 'law of research paper clipart three phases'. It is by his statement of of hate crimes essay this law that he is clipart, best known in the English-speaking world; namely, that society has gone through three phases: Theological, Metaphysical, and write Scientific. He also gave the name Positive to the last of these because of the polysemous connotations. Auguste Comte , Human rights , Karl Marx 768 Words | 3 Pages. Auguste Comte First published Wed Oct 1, 2008; substantive revision Mon Sep 30, 2013 Auguste Comte . (1798–1857) is the founder of research paper clipart positivism, a philosophical and www snopes thesis asp political movement which enjoyed a very wide diffusion in the second half of the nineteenth century. It sank into an almost complete oblivion during the twentieth, when it was eclipsed by neopositivism.
However, Comte's decision to develop successively a philosophy of mathematics, a philosophy of physics, a philosophy of chemistry and clipart a. Auguste Comte , Metaphysics , Philosophy 3421 Words | 10 Pages. ?The Contribution of thesis physics “ Auguste Comte ” to Sociology! Isidore Auguste Marie Francois Xavier . Comte was born in Montellier of Southern France in January 1, 1798 and died in 1857. He was the first thinker who realized the need for research paper clipart, a distinct science of human society. He is regarded as the father of sociology. He is regarded as the father not because of education ends essay his significant contributions to the subject but because of creating sociology as a science of society or science of human behaviour. Comte first. Auguste Comte , God , Mind 1476 Words | 7 Pages. Auguste Comte : Personalistic Naturalistic Positions Claudette Spear Dr.
Joan Hageman Northcentral University . Abstract This paper will focus on Auguste Comte , the founder of Sociology and how he uses both views of research paper both Personalistic and Naturalistic positions in order to justify his findings. Also it will explain how his personal feelings about numerous subjects greatly influenced his studies and works in which things were manipulated to support his findings. Finally. Auguste Comte , Philosophy of science , Positivism 2118 Words | 7 Pages. 10 Early Sociologist 1 Auguste Comte. ?10 Early Sociologist : 1. Ends? Auguste Comte August Comte is known as the founder of positivism and is credited with . coininging the term sociology.
Comte helped shape and expand the field of sociology and research clipart placed a great deal of emphasis in write my homework, his work on paper, systematic observation and social order. 2. Of Hate? Karl Marx Karl Marx is one of the most famous figures in the founding of clipart sociology. He is known for his theory of causes crimes historical materialism, which focuses on research clipart, the way social order, like class structure and hierarchy. Alexis de Tocqueville , Auguste Comte , C. Wright Mills 1228 Words | 5 Pages. ? Auguste Comte Summary: Auguste Comte was very much influenced by science.
During his time was the . unfolding of the asp, scientific revolution because of the research paper clipart, many scientific discoveries. Positivism is the attitude which Auguste Comte pursue in his philosophy, which has something to do with science. Positivism claims that science has the www snopes com politics obama thesis, answers to every question of research paper any matters. Thus it argues that what science does has no answer does not exist. And thus it disapproves the www snopes com politics thesis asp, existence of the Christian God. Auguste Comte , Conceptions of God , God 574 Words | 2 Pages. Although their contributions are within the same perspective, in research paper, what ways is the essay, theory of Spencer different from that of Comte? social norms. Auguste Comte and Herbert Spencer both had theories on social evolution which impact greatly upon Sociology as a . social science. Research Paper? Auguste Comte and Herbert Spencer were two of sociology’s first great theorists. Both Comte and Spencer studied society and the many ways in which people in society interact.
Both theorists agree on certain issues pertaining to society and master in theoretical social science, yet they completely differ on their views of the function of sociology. Spencer and Comte both realize. Anthropology , Auguste Comte , Evolution 2100 Words | 6 Pages. Synopsis Born in 1798, Auguste Comte grew up in the wake of the French Revolution. Research? He rejected religion and royalty, focusing . General Sentences? instead on the study of society, which he named sociology. He broke the subject into two categories: the forces holding society together (social statics) and those driving social change (social dynamics). Comte's ideas and use of research paper scientific methods greatly advanced the field. General? Overview Philosopher Auguste Comte was born on January 19, 1798, in Paris, France. Age of Enlightenment , Auguste Comte , Europe 508 Words | 2 Pages. Critically Discuss the Contribution of Positivism to the Study of clipart Society.
Critically discuss the contribution of positivism to the study of general sentences essay society The positivist research method in the social sciences become . more influential by August Comte , who tended to build a methodology based on clipart, facts rather than speculation. For Comte , the social sciences should concentrate on scientific laws rather than contemplation (Marcuse, 1941, p. 345). This theoretical perspective continues to be the present method of conducting research. Write My Homework? This essay argues that positivism has accelerated. History of science , Mathematics , Natural science 2274 Words | 7 Pages. Auguste Comte (1798–1857) is the founder of positivism, a philosophical and political movement which enjoyed a very wide . diffusion in the second half of the nineteenth century. Research Paper? It sank into an almost complete oblivion during the thesis in theoretical physics, twentieth, when it was eclipsed by neopositivism. However, Comte's decision to clipart, develop successively a philosophy of mathematics, a philosophy of physics, a philosophy of chemistry and a philosophy of biology, makes him the first philosopher of sentences essay science in the modern sense. Africa , African Union , Auguste Comte 2589 Words | 8 Pages. Examine the Contribution of Feminist Sociologists to the Study of Family Life. Examine the contribution of feminist sociologists to the study of research clipart family life Examine the crimes essay, contribution of feminist sociologists . to the study of family life Up until recently, sociology was mainly dominated by men.
The famous founding fathers were Auguste Comte , Karl Marx, Emile Durkheim and Max Weber, each of these men had their own opinion and points to prove to society. They tended to focus on paper, the functions of key institutions towards society and they did this from their own perspective, which. Abuse , Child abuse , Domestic violence 1487 Words | 4 Pages. of $4 per hour, and a commission of $ 6.00 for sentences, each haircut. In this case Andre wants to research paper, know how much is going to be the new contribution . Of Hate? margin per haircut, the annual break-even point in number of haircuts. Paper? On our evaluation, Andre requested to find the following information. Obama? 1. Find the contribution margin per haircut. Clipart? Contribution Margins Definition Contribution margin (or margins) refers to the amount of revenue per master physics, product that is available to contribute towards the research clipart, fixed costs and. Contribution margin , Cost , Costs 1239 Words | 5 Pages. Laticia G. Josiah Finance 540 “ Contribution Margin and Break Even Analysis” Simulation Prof. Richard Franchetti April 6, 2005 The . ultimate goal of any firm is to generate profit.
Steve Lefever states that there are two ways to generate profit: you can simply go from day to day and hope it happens or, you can identify the primary “drivers” of profitability and manage them. It is important for managers to manage how the sales dollars flow through the firm. Break-even analysis can help. Cost , Costs , Variable cost 1307 Words | 4 Pages. 1. a.) Contribution per CD unit: Unit Selling ? Variable Costs $9.00 ? 1.25 - .35 ? 1.00 = $6.40 . $6.40 b.) Break-even volume in CD units and www snopes obama dollars: ($275,000 + 250,000) / 6.40 = 82,032 units 82,032 * $9.00 = $738,288 to break even c.) Net profit if 1 million CD's sold: 1,000,000 * 6.40 = 6,400,000 6,400,000 ? 525,000 = $5,875,000 d.) Necessary. Contribution margin , Costs , Generally Accepted Accounting Principles 553 Words | 4 Pages.
Auguste Rodin was born in paper, 1840 and died in 1917, a year before the end of World War I. He was one of the most illustrious artists of his time, . and in the eyes of posterity he remains, surely, the greatest name in Western Sculpture since Michelangelo. His style was both classic and romantic, and to his contemporaries it was also revolutionary, for although Rodin followed routine closely, he presented it exactly as he saw and experienced it, and refused to be bound by master thesis in theoretical physics, the artistic conventions of. Auguste Rodin , Charles Baudelaire , Divine Comedy 1193 Words | 3 Pages. philosophy, the philosophy of history, biological theories of evolution and movements for social and political reforms. Research Clipart? Though sociology came to be . established as a separate discipline in the 19th –century due to the efforts of the French Philosopher Auguste Comte . It is wrong to suppose that no social thought existed before him. Four thousands of years men have reflected upon societies in which they lived.
In the writings of Plato, Aristotle, Manu,. Kautilya. General? Confucius, Cicero and others we find major. Anthropology , Auguste Comte , Emile Durkheim 1656 Words | 5 Pages. Asian Contributions Mary-Lyn Rose Grand Canyon University: SOC-415 December 23, 2012 Asian Contributions Many years ago, . the laws of the research paper, United States prohibited Asian immigrants from entering the country. This law was eventually revoked and in 1952 legislation passed that allows people of all races to become United States Citizens. According to the U.S. Embassy website (n.d.), “today Asian Americans are one of the fastest growing ethnic groups in general sentences essay, the country, currently approximately fifteen. Asian American , California , Chinese American 609 Words | 3 Pages. The contribution of e-HRM to the business organizations in the HR area Introduction: In today’s, with the develop of the information . technology, information systems and the internet are become more and more important and research revolutionizing the Human Resource Management in write my homework, the organization, increasing the efficiency of the operation and supporting the HR professionals in those HR functions. Therefore, the e-HRM systems was derived which is paper, use of web- based technologies for human resources management.
E-HRM , Employment , Human resource management 1695 Words | 6 Pages. they were discovering with the exception of Boyd who would greatly consider what her Cretan finds may have been used for obama thesis asp, (Trigger, 2006). In this essay I . will briefly discuss the research paper, life and works of Boyd as well as why I feel she has made great contributions to modern archaeology. Causes Essay? ? Fig.1 Harriet Boyd Hawes Harriet Boyd is an American archaeologist who majored in Classics and was fluent in Greek. She carried out her graduate work at research paper, the American School of Classical. Archaeology , Bronze Age , Crete 979 Words | 3 Pages. Contribution of master thesis physics Aristotle in motion Aristotle's ideas were believed to be true from 500 BC to 1600 CE. That's about 1,100 years of research false . knowledge. What Aristotle taught, appeared to be correct because it seemed obvious, but not all things are obvious. Aristotle's view on motion seems to make sense.
Unfortunately, it isn't correct. But because his theories appeared to make sense, they became popular and well accepted for a very long time. The key ideas that Aristotle tried to thesis in theoretical, teach were: All. Aristotle , Classical mechanics , Force 1448 Words | 4 Pages. Seen from a systems point of research view, sales process engineering views marketing as “a set of processes that are interconnected and interdependent with other . functions.
Whose methods can be improved using a variety of causes of hate essay relatively new approaches. CONTRIBUTION TO ECONOMIC EXPANSION Marketing is research, seen as the task of my homework creating, promoting delivering goods services to customers business. Marketers are skilled in stimulating demand for the company’s products they are responsible for research paper clipart, demand management. Business , Economic development , Economic growth 1518 Words | 5 Pages. Examine the contributions of sentences essay Spanish film makers since the clipart, 1978, to essay, the development of research clipart this art form Spanish cinema is an of hate crimes essay art form that has . been developing since the research clipart, first day it arrived in Spain and since 1896 (Maps of the world 2009) it has been a major feature of essay Spanish Culture. With cinema rapidly increasing and the amount of theatres reaching to almost 3000 by 1930’s (Jordan 2002) visual culture of Spain became a massive demand for Spaniards. With the clipart, rising of Francisco Franco and the Civil. Film , Film director , Francisco Franco 2978 Words | 7 Pages. Gibbs Award (1921) Spouse Pierre Curie (1859–1906) Children Irene Joliot-Curie (1897–1956) Eve Curie (1904–2007) Signature Humble . beginnings Marie Curie is remembered for her discovery of radium and polonium, and her huge contribution to the fight against of hate crimes essay, cancer. Born Maria Sklodowska on November 7, 1867 in Warsaw, Poland, she was the youngest of five children of poor school teachers. After her mother died and her father could no longer support her she become a governess;.
Blaise Pascal , Humphry Davy , Marie Curie 3075 Words | 8 Pages. ?Assess the usefulness of feminist contributions to our understanding of society today. (33 marks) Feminism is a conflict theory which views . society as male dominated and it seeks to describe, explain and change the position of women in society. Feminism is therefore a theory of paper clipart women’s subordination and also a political movement. There are different types of feminism, which I will be evaluating in this essay; Liberal, Radical, Marxist, Black and Postmodernist feminist. Feminists criticise mainstream. Domestic violence , Feminism , Feminism and general essay history 939 Words | 2 Pages.
?Cafe de Coral From Wikipedia, the free encyclopedia Jump to: navigation, search This article is about Cafe de Coral fast food company. For Cafe de Coral . fast food franchise, see Cafe de Coral (restaurant). Cafe de Coral Holdings, Ltd. Research Clipart? Type Publicly traded SEHK: 0341 Industry Foodservice Founded Causeway Bay, Hong Kong (1968) Headquarters Shatin, Hong Kong Key people Michael Chan, Chairman Products Fast food Casual dining Revenue HK$5.33 billion (2011) Employees 15,000+ (2010) . Burger King , Fast food , Fast food restaurant 1441 Words | 7 Pages. Variable Cost and Total Contribution. 1. In question 1, I have assumed its only the solutions, Tashtego that makes the trip of research Balik to Singapore and back. In Theoretical? I have also assumed the relevant cost is the . cargo cost only.
Therefore, profit contribution of carrying I ton of tapioca from research clipart Balik and Singapore: Expected revenue $5.10 Less freight cost (0.25+0.56) 0.81 Profit Contibution 4.29 From. Cargo , Costs , Microeconomics 606 Words | 3 Pages. laws governing human behavior in never ends, social contexts. Sociology' which had once been treated as social philosophy, or the philosophy of the history, emerged as . an independent social science in 19th century. Auguste Comte , a Frenchman, is traditionally considered to paper, be the father of sociology. Comte is accredited with the coining of the term sociology (in 1839). Sociology is composed of two words : socius, meaning companion or associate; and causes crimes 'logos', meaning science or study. Research Paper Clipart? The etymological meaning.
Anthropology , Auguste Comte , Emile Durkheim 1616 Words | 5 Pages. costs, total revenues, and profits during a time period. It is particularly useful in the early stages of planning when it provides a framework for . discussing planning issues. Q15-4. In a contribution income statement, costs are classified according to in theoretical physics, behavior as variable or fixed, and the contribution margin (the difference between total revenues and total variable costs) that goes toward covering fixed costs and providing a profit is emphasized. In a functional income statement, costs are.
Contribution margin , Cost , Costs 336 Words | 3 Pages. Contribution Margin Income Statement. Excel Assignment #2 Preparing a Contribution Margin Income Statement and Operating Leverage Summer 2013 1. Research Clipart? Assume that a company is . budgeting to sell 2,500 units of a product at a selling price per unit of $32. Ends? The variable cost per unit is $26 and total fixed costs are $5,000. REQUIRED Prepare a contribution margin income statement and research paper calculate operating leverage. 2. Suppose the education essay, company is unsure exactly how many units they will sell. As such, their marketing department has provided. Contribution margin , Cost , Costs 939 Words | 4 Pages.
Origin Development of Sociology as a Separate Science. were thinking in sociological terms they were called philosophers, historians, thinkers, law-givers or seers. Though sociology came to clipart, be established as a . Essay Stress Solutions? separate discipline in the 19th –century due to the efforts of the research clipart, French Philosopher Auguste Comte . It is wrong to suppose that no social thought existed before him. Four thousands of years men have reflected upon societies in general sentences, which they lived. In the writings of Plato, Aristotle, Manu, Kautilya, Confucius, Cicero and others we find major. Anthropology , Auguste Comte , Emile Durkheim 2132 Words | 7 Pages. Ancient Chinese Contributions Rich Laird Strayer University Humanities: Culture, Continuity and Change 111 Dr. Ronald Gavin May 28, 2012 . Ancient Chinese Contributions The world owes a lot to the Chinese for all the major contributions and innovations they introduced. For example, during the Era of Disunity (approx. 220-581 AD) the ancient Chinese invented kites, matches, umbrellas and much more (Inventions, “n.d.”). The Yuan dynasty brought us paper money, blue and white porcelain.
China , Han Dynasty , Printing 766 Words | 3 Pages. income statement is set using a contribution format. The contribution format centers on clipart, the idea that each unit sold provides a . certain amount of contribution margin that goes to covering fixed costs. Asp? In 2004 expenses like distribution and transport (29,988) and the sales commissions (73,573) have been reclassified ( contribution format) as variable selling costs on page 33 (). 2. Why do you think cost of sales is included in the computation of contribution margin on page 33?
Benetton’s. Contribution margin , Costs , Leverage 1074 Words | 6 Pages. Variable Cost and Contribution Margin. profitability. E. All of these. Paper Clipart? 2. The break-even point is that level of com politics obama thesis activity where: A. total revenue equals total cost. B. variable cost equals fixed . cost. C. total contribution margin equals the sum of variable cost plus fixed cost.
D. Research Clipart? sales revenue equals total variable cost. E. profit is greater than zero. 3. The unit contribution margin is calculated as the difference between: A. Www Snopes Com Politics? selling price and fixed cost per unit. B. selling price and variable cost per unit. C. selling price and product. Contribution margin , Cost , Costs 1377 Words | 7 Pages.
Variable Cost and Contribution Margin. Inventory has decreased. | 5. | Sales are $500,000 and research paper clipart variable costs are $350,000. What is the contribution margin ratio? | A) | 43%. | . B) | 30%. | C) | 70%. | D) | Cannot be determined because amounts are not expressed per unit. | 6. Com Politics Asp? | Barcelona Bagpipes produces two models: Model 24 has sales of 500 units with a contribution margin of $40 each; Model 26 has sales of 350 units with a contribution margin of $50 each. If sales of Model 26 increase by 100 units, how much will profit change. Contribution margin , Costs , Inventory 836 Words | 5 Pages.
DBQ: ANCIENT GREEK CONTRIBUTIONS The Ancient Greek contribution ranged by the 1900-133 BC, however its influence on . the research paper, Western Literate Society lasts to essay stress, this day. As the Greeks expanded their empire, they spread their ideas to research clipart, other countries, while also borrowing from other cultures. During this period of never time, the Greeks made many significant and long-lasting contribution to our modern culture in Philosophy, Art, Democracy, Drama, Math, and Science. Paper Clipart? These givings of important ideas. Ancient Greece , Democracy , Europe 1467 Words | 4 Pages. the working class will defeat the ownership class, and result in a utopia where government will wither away to nothing and the principle of economics will be . based on For each according to his needs, and from each according to his ability. His contribution to thinking in sociology is essay solutions, mainly in a perspective called Conflict Theory in research paper, which social organisation and never ends essay change is based upon conflicts built into society. Many people see this as having much resemblance to research, classical (Greek and Latin) myths. Auguste Comte , Emile Durkheim , Karl Marx 812 Words | 3 Pages. Auguste Escoffier… “Indeed, stock is everything in essay, cooking, at least in paper clipart, French cooking. Without it, nothing can be done.
If one's stock is . good, what remains of the thesis, work is research clipart, easy; if, on the other hand, it is bad or merely mediocre, it is quite hopeless to expect anything approaching a satisfactory result.” (Fondes De Cuisine, Chapter 1 in Le Guide Culinaire) Born in 1846 France, Auguste Escoffier was director of the kitchens at the finest hotels in Monte Carlo and London. He revolutionized French. Auguste Escoffier , Chef , Hotel 700 Words | 2 Pages. Ancient Chinese Inventions and essay Contributions. Inventions and Contributions Humanities 111 Professor Abstract The following paper will show the contributions . from ancient Chinese culture is clipart, amazing. There are many inventions and contributions that trace back to ancient Chinese culture. The top ten inventions and contributions continue to my homework, keep giving in today’s society.
Ancient Chinese has contributed to helping jobs to exist, fight wars, and contribute to the overall public lives with their inventions and research paper contributions . We as people. China , Han Dynasty , History of China 1166 Words | 3 Pages. Chinese Contributions Ancient China was vastly innovated and write superior with its innovations and contributions that are still . Research Clipart? being used throughout the world today. General Essay? Ancient Chinese inventions such as silk, paper, gun powder, printing, tea, wheel barrow, porcelain, toilet paper and the compass have been vital to not only the Chinese culture, but also to world civilization. Research? Without a doubt, I believe paper, printing, gun powder and the compass are the most useful inventions/ contributions from the. China , Culture of China , History of China 870 Words | 3 Pages. Variable Cost and education ends essay Contribution Margin. Unit contribution margin, contribution margin ratio and variable cost ratio. B. Breakeven point in units and in paper clipart, pesos. C. . Com Politics Obama Asp? Margin of safety in units and in pesos, and margin of research safety ratio. D. Profit Ratio E. Essay Solutions? The amount of profit using the margin of paper safety F. If sales increase by P300,000.
How much would you expect profit to increase? SOLUTIONS: A. Units Unit Price Amount Rate Sales 25,000 80.00 2,000,000 100% Variable Costs 25,000 48.00 1,200,000 60% Contribution Margin. Contribution margin , Costs , Fixed cost 997 Words | 7 Pages. Auguste Escoffier is considered the essay stress, “chef of kings and king of chefs” by many people; this is because he was one of the greatest modern chefs . having changed the outlook of not only French cuisine but cuisine in general. Escoffier was born on October 28, 1846, in a small village called Villeneuve-Loubet, near the city of Nice, France (Kenneth, 2002). His parents were Jean-Baptiste and clipart Madeleine Escoffier. His father was a blacksmith. Escoffier grew up in master, a very joyful family surrounding. Escoffier. Auguste Escoffier , Chef , Hotel 712 Words | 2 Pages.
the changing social conditions that fostered the development of sociology as a distinct academic discipline in the middle of the nineteenth century. 7. . Identify and critique the sociological contributions of the research clipart, following mid-to-late nineteenth and early twentieth century European thinkers: Auguste Comte , Herbert Spencer, Karl Marx, Emile Durkheim, and www snopes obama thesis asp Max Weber. 8. Research? Understand how and why levels of master thesis social integration affect rates of suicide and how Emile Durkheim’s nineteenth century study. Auguste Comte , Emile Durkheim , Karl Marx 416 Words | 3 Pages. Tourism Contribution to the Country.
Tourism’s Contribution in the Country When we think of tourism, we think primarily of people who are visiting a particular place for . sight seeing, visiting friends and relatives, taking a vacation and having a good time. Paper? They may spend their leisure time engaging in various sports, sun bathing, talking, singing, taking rides, touring, reading or simply enjoying the environment(Goeldner and Ritchi, 2009). Tourism is one of the major sources of essay money in the country. It contributes many things. Economics , Economy , Tourism 1585 Words | 5 Pages. Sumerians, Egyptians, and paper Chinese Contributions.
for the master in theoretical physics, last 4,000 years China has been the oldest continuous civilization on Earth? The Sumerians, Egyptians, and Chinese created flourishing civilizations . filled with many achievements in writing, architecture, and technology that made lasting contributions to humankind. Sumer is referred to as the cradle of civilization” because there were many important inventions. Paper Clipart? Writing was one of Sumerians most important invention. Sumerians developed the world’s first known writing, cuneiform, which was. Ancient Egypt , China , Civilization 868 Words | 3 Pages. The Contributions of Thomas Edison.
The Contributions of Thomas Edison 13385809652000 Mckenzie Reiss Hum 20-1 September 9, 2014 Thomas Alva Edison was an essay stress solutions American . inventor, who lived from 1847 to 1931. During his lifetime, he made many contributions that have helped society advance to what it is today. He held over one thousand ninety three patents in the US, including additions to the telegraph and the incandescent light bulb. Although this man came from humble beginnings, he achieved greater and more ambitious things. Heinrich Gobel , Incandescent light bulb , Invention 789 Words | 2 Pages. Great Indian and Their Contribution to paper clipart, the World. Great Indian and education their contribution to the World The contributions to paper clipart, the world by india is remarkable and is unending from . science to astrology to write, medical science and yoga, everywhere and still calm and compost. Clipart? Following are some of the great indians with their extreme inventions and their contribution to the world.
ARYABHATT (476 CE) MASTER ASTRONOMER AND MATHEMATICIAN [pic] Born in 476 CE in Kusumpur (Bihar), Aryabhatt's intellectual brilliance remapped the boundaries of mathematics. Astronomy , Ayurveda , Charaka Samhita 1707 Words | 6 Pages. Joe Smith FSA 207 Menu Planning and Equipment Selection 1/30/13 Auguste Escoffier [pic] Georges Auguste . Sentences? Escoffier is the research paper, father of modern french cuisine and is recognized as the finest master chef of the crimes, 20th century. Throughout his cooking career he catered to royalty and established the paper, kitchens of many fine hotels such as: The Grand Hotel Monte Carlo, Hotel Ritz Paris, The Savoy and write Grand Hotel Rome. He also was the first chef to undertake in-depth study of techniques for. Auguste Escoffier , Brigade de cuisine , Chef 307 Words | 2 Pages. Contribution of Engineers in Society.
have accrued from the contributions of engineers. Answer: Introduction In the eyes of public, an paper clipart engineer is a professional man who is . of sufficient training, expertise, and integrity as to be able to act with independence and impartiality in his professional judgments to ensure trust and confidence of general sentences essay public. Since ancient era to recent technological age, participation and contribution of engineers have been seen in all ways of life. Involvement and contributions of engineers are tremendous. Better , Engineer , Engineering 1169 Words | 4 Pages. Evaluation on the Contributions of Hermann Ebbinghaus. Evaluation on research clipart, the Contributions of Hermann Ebbinghaus Kaplan University PS210 History of Psychology Hermann . Ebbinghaus was the sentences essay, first psychologist to paper, experiment with both memory and learning. Ebbinghaus was born in Germany in 1850 and received a degree in philosophy in 1873. Ebbinghaus used himself as a test subject and began experimenting with memory in the late 1870’s (Fuchs, 1997).
This testing was in never ends essay, contrast to the ideas on Wilhelm Wundt who believed that memory. Cognitive psychology , Experimental psychology , Forgetting curve 934 Words | 3 Pages. The Battle of Britain: Canadas Contribution. Force (here by research paper clipart, RAF) and Royal Canadian Air Force (here by RCAF), which was made up of over one hundred Canadian fighters (The Battle of Britain). Canadians . played a major role in causes of hate essay, the Battle of Britain. The Canadian contribution went by ignored when in fact Canadian bravery was a contribution on its own; they also helped on the grounds, and paper clipart fought in the air which ultimately helped win the Battle of Britain. Firstly, Canadians were known to be stubborn by many because of their willingness to push forward. Battle of Britain , Canadian Forces Air Command , Fighter aircraft 1280 Words | 4 Pages. Egyptian contribution to american culture.
Irrigation canals 2. River dams 3. Temples 4. Pyramids 5. Dykes VIII. Www Snopes Obama? Fashion 1. Research Clipart? Beauty 2. Cosmetics IX. Www Snopes Com Politics Thesis Asp? Conclusion: In conclusion, the Ancient . Egypt will always have much influence at paper, present because he gave us many contributions . All of these contributions have been of great utility as without them we don't have the majority of the things that we have today. Thanks to the Egyptians we have medicines, constructions, astronomy, cosmetics, good in order, all of www snopes obama asp this was due to the intelligence. Ancient Egypt , Cairo , Coptic language 1636 Words | 5 Pages. Why Sherlock Holmes Is Just as Original as C. Auguste Dupin. Why Sherlock Holmes is Just as Original as C. Auguste Dupin After reading two famous amateur detective stories by Edgar Allan Poe and research clipart two . by Arthur Conan Doyle, I found myself questioning the originality of Doyle's stories as compared to Poe's stories. The stories in question are The Purloined Letter and write Murders in the Rue Morgue by Poe and paper The Adventure of the Speckled Band and A Scandal in write my homework, Bohemia by Doyle.
All four of these stories had very exciting story lines and had very interesting. A Study in Scarlet , Arthur Conan Doyle , C. Auguste Dupin 1528 Words | 4 Pages. Women’s Contributions To Psychology. ? [Women’s Contributions To Psychology] [Jane Doe] [PSY/310] September 26, 2013 [ARA SAL KERM] [Women’s . Contributions To Psychology] Psyche cattle lived a long, interesting, life. During her life, although she faced many obstacles in the pursuit of her heart’s desire, such as a higher education and being a single women in the 19th century who successfully adopted children, Psyche overcame all her obstacles and went on to earned the reputation of the woman who wouldn’t.
Assisted living , Childhood , Education 750 Words | 3 Pages. played an research paper clipart essential role in providing manpower, war material supplies and military training supports in the WWII, which had directly led to the victory of . Allied nations. Firstly, Canada’s war effort on education never, providing manpower was undeniable, and the contribution of Canadian navy, air force and army were also one of the research clipart, most significant factors that led to the final victory. Education Ends Essay? Especially the Royal Canadian Navy, who had achieved the most fantastic achievements. In the Battle of the Atlantic, Canada helped. Canada , Canadian Forces , Canadian Forces Air Command 1344 Words | 2 Pages.
Ancient Chinese Contributions - Paper. rise to research paper clipart, dominance; however, the Han Dynasty was given credit for the most Ancient Chinese contributions and inventions (2012). The Han Dynasty . existed from 206 BCE until 220 CE, and during the Han Dynasty contributions and inventions by the Ancient Chinese included: the wheelbarrow, seismograph, paper, compass, map, glazed pottery, hot air balloons, and silk. While the Ancient Chinese made many contributions and write my homework inventions for the world, the research paper, four most useful are the wheelbarrow, the write my homework, seismograph, paper. China , Han Dynasty , Paper 1000 Words | 3 Pages.
Contributions of research paper Ibn Sina to Biotechnology. ? Ibn Sina: Discoveries and Contributions to Biotechnology Ibn Sinas discoveries and contributions to biotechnology . Ibn Sina, known in write my homework, the West as Avicenna, contributed to the advancement of research paper biotechnology through his important discoveries which were among some of the major contributors to causes of hate crimes essay, the progression of not only biotechnology but also to humanity in general. He was born in Bukhara a city in Persia in 908 (Sneader, 2005). He was an Islamic scientist-philosopher and was known to research, be among. Cancer , Disease , Epidemiology 1640 Words | 5 Pages.