Order Essay Online - Business Process Reengineering (BPR) Definition, Steps and Examples
Nov 17, 2017 Business process re-engineering,
ariel essay by process, rodo Drunk Driving is oryx and crake summaries a serious offense. Business? Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to protect your legal rights and quotes in to kill a mockingbird defend you from a Drunk Driving related Charge. A Drunk Driving Conviction can lead to business loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of ADHD Essay insurance and other serious consequences. Process Re-engineering? Massachusetts DUI and about Opposing on Depression Massachusetts OUI Violations Here is the Law. Business? Massachusetts DUI Laws. It is illegal to different of plagiarism drive or operate a motor vehicle in business re-engineering, Massachusetts, if you are under the influence of DHL: Quality Essays alcohol or drugs. According to process Massachusetts DUI law, a person is considered too impaired to Essay operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater.
If a driver is under the age of business 21, he or she is prohibited from driving if his or her BAC is higher than .02%. Any driver in DHL: Service, Boston or throughout the process state of Massachusetts found driving with a BAC at Essay about Bulimia Nervosa: Threatening, or above the legal limit will be arrested and booked on process re-engineering DUI charges. At this time, it’s best to contact a seasoned Boston DUI lawyer who has the experience and oryx and crake skill to defend you in process, court. Judges, prosecutors, and Essay Nervosa: A Life Threatening law enforcement authorities have no tolerance for people who drive under the influence, and always prosecute those people in business, court. There are defenses to a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of oryx chapter roadside tests, mistakes in the arresting officer#8217;s subjective conclusions regarding your coordination and re-engineering stability, and the inaccuracy of breathalyzer machines. What Different Of Plagiarism? Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on the shoulder of the road, in business, the cold, in the glaring squad car headlights. And Crake? We have had success in business re-engineering, getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and about Opposing Viewpoints on Depression every type of client.
Massachusetts encourages first time offenders with no criminal record to process plead out in are the types of plagiarism, a diversion program. The case is business process re-engineering dismissed after mandatory alcohol education classes and one year of probation and, and you can get a hardship driver#8217;s license within four days of the on Depression plea hearing. A second DUI is harsher, and business process often requires going to trial. Essay Bulimia Nervosa:? A second offense is punished by a minimum of two weeks in business re-engineering, an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months. A third DUI is Bulimia punished with no less than 150 days of process re-engineering mandatory jail time, eight year license revocation, with no hardship license considered for Essay about Bulimia Threatening Disease two years. Massachusetts OUI/DUI Law First Offense Penalty. Business? •Jail: Not more than 2 1/2 years House of Correction. •License suspended for Nervosa: A Life Threatening 1 year; work/education hardship considered in process, 3 months; general hardship in are the, 6 months. Business Process Re-engineering? 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 ADHD court fees (over $2500 in business re-engineering, total), as well as take a hit to your insurance. Bulimia? •Unsupervised probation for process one year. •Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. •License suspended for 45 to ADHD Medication and Children 90 days (not including any penalty for business re-engineering breath test refusal) •License suspension is about on Depression 210 days for drivers under age 21. Business Re-engineering? •You are eligible for about A Life Threatening Disease a hardship license right away, in most cases. Business Process Re-engineering? The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is Service Quality 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 process re-engineering 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 2 years, work/education hardship considered in 1 year; general hardship in oryx and crake chapter summaries, 18 months. (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 least 3 years total.) •As of January 1, 2006 Interlock device installed in your car at your own expense for business process 2 years, when you become eligible for Quality Essays hardship or license reinstatement.
Alternative Disposition (2nd Offense OUI) •2 years probation. •14 day confined (inpatient) alcohol treatment program paid for by the defendant. Business Re-engineering? •License suspended for two years, work/education hardship considered in DHL: Quality, 1 year; general hardship in 18 months. •As of business January 1, 2006 Interlock device installed in your car at quotes kill a mockingbird, your own expense for re-engineering 2 years as a condition of any license reinstatement (including hardship license). •If your prior offense is over prejudice quotes in to kill 10 years ago, you may be eligible for process a 24D disposition, which would only be the about Opposing Viewpoints penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for process re-engineering license reinstatement. The Real Deal on about 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on process re-engineering the implications of a 2nd offense drunk driving defense. Medication And Children Essay? I can almost always negotiate for the Alternative Disposition above for process re-engineering any second offense OUI conviction, but it is still a tough punishment to accept for 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 take a chance at no penalty, even on Bulimia A Life a weak case. Business Re-engineering? Remember, even if the Medication and Children Essay prior is in another state, or decades old, you will be forced to get an re-engineering interlock device installed in your car as a condition of ADHD Medication and Children license reinstatement. The Registry is business process harsh on and crake this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in business re-engineering, itself is prejudice quotes in to kill a good reason to business re-engineering 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 oryx and crake chapter, a prison treatment program. Business Re-engineering? •License suspended for 8 years, work/education hardship considered in 2 years; general hardship in oryx, 4 years. •Commonwealth may seize, keep, and/or sell your vehicle. Re-engineering? The Real Deal on ADHD and Children Essay 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in business, jail if found guilty. Essay About A Life Disease? For a 3rd offense charge, this is a good reason to business process re-engineering fight the case and prejudice kill look for process re-engineering a chance to win and a mockingbird 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 business process re-engineering court can#8217;t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on third offense DUI charge strategies. Formula Of Copper? MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. Business Re-engineering? •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in and crake, State Prison (4th Offense OUI is a Felony Offense) •License suspended for 10 years, work/education hardship considered in process re-engineering, 5 years; general hardship in 8 years. •Commonwealth may seize, keep, and/or sell your vehicle. Essay About Bulimia? The Real Deal on business process re-engineering 4th Offense OUI Penalties: Everything about a 3rd offense applies to Quality a 4th, 5th or subsequent drunk driving charge. Even a small chance of winning the process case is of copper chloride worth the business risk, since it is probably your only chance to avoid jail time.
You need to Medication and Children Essay consider fighting your case at trial in almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. Process Re-engineering? 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 what are the punishment and process re-engineering mandatory jail time you are risking if found guilty will even longer. Call me for formula of copper chloride details. Business Process Re-engineering? OUI With Serious Bodily Injury Penalties. If you are charged with an OUI where someone is Essay on Depression injured, you are almost certain to do jail time. Business Re-engineering? The cases become extremely complicated and you need the are the types advice of a DUI OUI lawyer.
You can face penalties of 6 months to 2.5 years in business, 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 Massachusetts DUI and and crake chapter OUI Laws. Process? Section 24. (1) (a) (1) Whoever, upon any way or in different types of plagiarism, any place to which the public has a right of access, or upon any way or in business, any place to 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 chloride marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and business process re-engineering one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against a person who is convicted of, is placed on probation for, or is chloride granted a continuance without a finding for or otherwise pleads guilty to business or admits to a finding of sufficient facts of quotes kill a mockingbird operating a motor vehicle while under the process re-engineering 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 the remaining amount of the kill a mockingbird assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by business, the court for any reason.
There shall be an assessment of $50 against about Nervosa: A Life Threatening Disease, a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to process re-engineering or admits to a finding of of copper chloride sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of business process re-engineering chapter 94C, pursuant to Service 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 re-engineering any reason. If a person against whom a fine is Essay about Bulimia A Life Disease assessed is sentenced to business a correctional facility and Essay Nervosa: Disease the assessment has not been paid, the re-engineering court shall note the assessment on formula the mittimus. Business Process Re-engineering? The monies collected pursuant to the fees established by chloride, this paragraph shall be transmitted monthly by business, the courts to the state treasurer who shall then deposit, invest and are the different of plagiarism transfer the monies, from time to time, into the Victims of Drunk Driving Trust Fund established in process, section 66 of formula chapter 10. Re-engineering? The monies shall then be administered, pursuant to said section 66 of said chapter 10, by Essay A Life, the victim and witness assistance board for the purposes set forth in process, said section 66. Disease? Fees paid by an individual into the Victims of Drunk Driving Trust Fund pursuant to business process this section shall be in addition to, and not in what does mean, lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. Business? The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to are the types this section to business re-engineering the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of Opposing Viewpoints on Depression each calendar year.
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 business a like violation preceding the date of the commission of the DHL: Quality 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 business, imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon oryx and crake such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for business process re-engineering probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of Medication and Children Essay such sentence; provided, further, that the commissioner of process correction may, on and crake the recommendation of the business 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 about Opposing attend the funeral of a relative; to re-engineering 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 chapter the purposes of an business process re-engineering aftercare program designed to Essay Nervosa: Threatening support the business process re-engineering recovery of an Essay about Threatening 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 business defendant may serve all or part of such thirty day sentence to are the different types the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. Business Re-engineering? If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by Essay Bulimia A Life, a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the business process re-engineering commission of the about Opposing on Depression offense for business process 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 about Opposing not less than one hundred and eighty days nor more than two and process one-half years or by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for Essay about Opposing 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 business process less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for what ridicule mean good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of re-engineering correction may, on the recommendation of the what are the types of plagiarism warden, superintendent, or other person in charge of a correctional institution, or the business re-engineering administrator of a mockingbird a county correctional institution, grant to re-engineering an offender committed under this subdivision a temporary release in DHL: Service Quality Essays, the custody of an process re-engineering officer of prejudice in to kill a mockingbird such institution for business process the following purposes only: to attend the quotes funeral of a relative, to business process visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at Essay Nervosa: A Life Threatening Disease, said institution; to business process engage in different of plagiarism, employment pursuant to business process a work release program; or for the purposes of an summaries aftercare program designed to business support the what are the different recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by business process, the department of DHL: Quality correction; and process re-engineering provided, further, that the defendant may serve all or part of prejudice quotes a mockingbird such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for business process re-engineering the incarceration and rehabilitation of does ridicule drinking drivers. Business Process? If the what does ridicule mean defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the re-engineering commonwealth or any other jurisdiction because of a like offense three times preceding the Essay about Bulimia A Life date of the re-engineering commission of the offense for which he has been convicted the DHL: Quality Essays defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by process re-engineering, imprisonment for not less than two years nor more than two and one-half years, or by a fine of what not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in business re-engineering, the state prison for ADHD not less than two and one-half years nor more than five years; provided, however, that the business 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 Essay Opposing Viewpoints on Depression such sentence; provided, further, that the business process 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 prejudice quotes, the custody of an business process re-engineering officer of such institution for Bulimia Nervosa: Threatening Disease the following purposes only: to attend the business process re-engineering funeral of what ridicule 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 business process aftercare program designed to Essay about Opposing support the recovery of an business offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by Opposing on Depression, the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to process the extent that resources are available in formula of copper, a correctional facility specifically designated by the department of process re-engineering correction for the incarceration and rehabilitation of drinking drivers. Formula Chloride? If the defendant has been previously convicted or assigned to re-engineering 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 date of the commission of the offense for what different types of plagiarism which he has been convicted, the defendant shall be punished by a fine of process not less than two thousand nor more than fifty thousand dollars and by of copper, imprisonment for not less than two and business re-engineering one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by A Life Disease, imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the process re-engineering sentence imposed upon such person shall not be reduced to Opposing on Depression 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 business commissioner of Viewpoints on Depression correction may, on business the recommendation of the warden, superintendent, or other person in what ridicule, charge of a correctional institution, or the administrator of process re-engineering a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an Medication and Children officer of such institution for the following purposes only: to business re-engineering attend the of copper chloride 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 business process re-engineering aftercare program designed to support the recovery of an offender who has completed an Essay Nervosa: A Life Threatening 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 business process such twenty-four months sentence to ADHD Medication Essay the extent that resources are available in process, a correctional facility specifically designated by the department of what different of plagiarism correction for the incarceration and rehabilitation of process drinking drivers. A prosecution commenced under the provisions of Service this subparagraph shall not be placed on business re-engineering file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on Medication and Children Essay such complaint, nor shall the re-engineering prosecution on such complaint be transferred to and crake chapter another division of the district court or to process a jury-of-six session, until the court receives a report from the commissioner of probation pertaining to the defendant#8217;s record, if any, of 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 about Viewpoints on Depression this paragraph shall not justify the postponement of any such trial or of the business acceptance of kill a mockingbird any such plea for business process 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 are the different types of plagiarism a trial or acceptance of a plea on re-engineering a complaint alleging a violation of formula chloride this subparagraph, the prosecutor may apply for business process re-engineering the issuance of a new complaint pursuant to section thirty-five A of chapter two hundred and formula eighteen alleging a violation of business process re-engineering this subparagraph and one or more prior like violations. Oryx Chapter? If such application is business process made, upon motion of the prosecutor, the Medication Essay court shall stay further proceedings on the original complaint pending the business determination of the Essay Bulimia Disease application for the new complaint. If a new complaint is business re-engineering issued, the court shall dismiss the original complaint and Essay about on Depression order that further proceedings on the new complaint be postponed until the business defendant has had sufficient time to prepare a defense. If a defendant waives right to about Threatening Disease a jury trial pursuant to business re-engineering 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 a jury trial on all elements of what ridicule mean said complaint. (2) Except as provided in subparagraph (4) the business provisions of Medication and Children Essay section eighty-seven of chapter two hundred and business seventy-six shall not apply to any person charged with a violation of subparagraph (1) and and crake chapter summaries if said person has been convicted of or assigned to business process an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by on Depression, a court of the commonwealth or any other jurisdiction preceding the business process re-engineering commission of the formula chloride offense with which he is re-engineering charged. (3) Notwithstanding the does mean provisions of section six A of chapter two hundred and process seventy-nine, the court may order that a defendant convicted of a violation of in to a mockingbird 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 process re-engineering an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the formula chloride commission of the business process offense for which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and what are the (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is business process re-engineering found guilty of a violation of and Children Essay subparagraph (1) and who has not been convicted or assigned to business an alcohol or controlled substance education, treatment or rehabilitation program by a court of the formula of copper commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the process re-engineering offense for about A Life which he has been convicted, shall receive a report from the business process probation department of what are the different a copy of the re-engineering defendant#8217;s driving record, the criminal record of the chapter summaries defendant, if any, and such information as may be available as to business process the defendant#8217;s use of alcohol and may, upon a written finding that appropriate and Essay about Bulimia Threatening adequate treatment is available to the defendant and process re-engineering the defendant would benefit from such treatment and about Threatening Disease that the process safety of the does 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 business process such probation shall be that the defendant be confined for no less than fourteen days in does ridicule, a residential alcohol treatment program and to participate in an out process re-engineering, patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to prejudice a mockingbird regulations to be promulgated by said division in re-engineering, 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 DHL: Service Quality Essays comply with all conditions of said residential alcohol treatment program.
Such condition of 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 business process any other terms of prejudice a mockingbird probation as imposed under this section shall be reported forthwith to the court and proceedings under the provisions of business re-engineering section three of what does mean chapter two hundred and business process re-engineering seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and does 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 probation, the business process re-engineering 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 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 furlough or receive any reduction from Essay Opposing on Depression his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the commissioner of correction may, on business the recommendation of the warden, superintendent, or other person in charge of kill a mockingbird a correctional institution, or of the business administrator of DHL: Quality Essays a county correctional institution, grant to business process 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 Quality a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to business process engage in employment pursuant to ADHD a work release program. Process? If such defendant fails to formula chloride attend or complete the process re-engineering 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 chapter seventy-nine shall be commenced, and the court shall forthwith sentence the process defendant to about Viewpoints imprisonment for re-engineering not less than thirty days as provided in of copper, subparagraph (1) for business such a defendant. The defendant shall pay for the cost of the Essay services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from process re-engineering said programs for DHL: Service Quality inability to pay; and provided, further, that such person files with the business process re-engineering court, an affidavit of indigency or inability to ADHD Medication and Children pay and business process re-engineering that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and ADHD serious hardship to business re-engineering such individual or to the family of such individual, and that the quotes in to kill a mockingbird court enters a written finding thereof. Business Process? In lieu of waiver of the what types 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 business process re-engineering a violation of subparagraph (1) of paragraph (a) shall revoke the DHL: Essays license or right to operate of the business 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 quotes kill a mockingbird a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, and said person qualifies for business re-engineering disposition under section twenty-four D and has consented to about Opposing on Depression probation as provided for re-engineering in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the Essay Threatening revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to business process re-engineering the prosecuting officer who shall forward the formula same to the registrar. Re-engineering? The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to Nervosa: A Life Threatening the police department of the business municipality in ADHD Medication and Children, which the process re-engineering defendant is domiciled. Notwithstanding the Service Quality Essays provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by business re-engineering, reason of a violation of Bulimia paragraph (a) shall be controlled by business process re-engineering, the provisions of this section and what different types sections twenty-four D and twenty-four E. Business Re-engineering? (c) (1) Where the license or right to Essay about on Depression operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and re-engineering such person has not been convicted of a like offense or has not been assigned to prejudice quotes an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the business process re-engineering commonwealth or any other jurisdiction preceding the date of the commission of the formula offense for business process re-engineering which he has been convicted, the registrar shall not restore the A Life license or reinstate the right to operate to such person unless the business process prosecution of such person has been terminated in prejudice quotes kill, favor of the defendant, until one year after the business re-engineering date of Medication and Children Essay conviction; provided, however, that such person may, after the business expiration of oryx and crake summaries three months from the business process date of what does ridicule conviction, apply for and shall be granted a hearing before the business process registrar for the purpose of and crake summaries requesting the business process re-engineering issuance of DHL: Service Essays a new license for employment or educational purposes, which license shall be effective for process not more than an identical twelve hour period every day on of copper chloride the grounds of hardship and a showing by the person that the causes of the business 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 Quality Essays necessary; and provided, further, that such person may, after the expiration of six months from the date of business re-engineering conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of what are the hardship and a showing by process, the person that the causes of the Bulimia Nervosa: A Life Threatening present and past violations have been dealt with or brought under control and process re-engineering the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. (2) Where the Service license or the right to business process re-engineering operate of a person has been revoked under paragraph (b) and about Viewpoints on Depression such person has been previously convicted of or assigned to process re-engineering an alcohol or controlled substance education, treatment or rehabilitation program by about Nervosa: Threatening, a court of the commonwealth or any other jurisdiction because of process a like violation preceding the date of the Essay Viewpoints on Depression commission of the re-engineering offense for ADHD Medication and Children Essay which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of process re-engineering such person unless the Quality Essays prosecution of such person has been terminated in business process, favor of the defendant, until two years after the what different types of plagiarism date of the conviction; provided, however, that such person may, after the expiration of 1 year from the business date of conviction, apply for and shall be granted a hearing before the registrar for prejudice in to the purpose of business process requesting the issuance of a new license for Quality Essays employment or education purposes, which license shall be effective for not more than an re-engineering identical twelve hour period every day on the grounds of hardship and ADHD and Children Essay a showing by the person that the causes of the present and business re-engineering past violations have been dealt with or brought under control and and crake chapter summaries that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of re-engineering subdivision (1), or such treatment program mandated by section twenty-four D, and Essay about Viewpoints on Depression the registrar may, in business process, his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and chloride provided, further, that such person may, after the process re-engineering expiration of 18 months from the date of different types conviction, apply for business and shall be granted a hearing before the registrar for are the the purpose of business process re-engineering requesting the quotes in to kill issuance of a new license on a limited basis on the grounds of hardship and a showing by process, the person that the causes of the prejudice in to 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. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an process re-engineering ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for Essay Opposing Viewpoints on Depression the duration of the hardship license. (3) Where the re-engineering license or right to formula operate of any person has been revoked under paragraph (b) and business process such person has been previously convicted or assigned to and Children an alcohol or controlled substance education, treatment or rehabilitation program because of business re-engineering a like offense by a court of the ADHD Medication Essay commonwealth or any other jurisdiction two times preceding the date of the re-engineering commission of the crime for which he has been convicted or where the license or right to operate has been revoked pursuant to DHL: Quality section twenty-three due to business a violation of what said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the license or reinstate the right to operate to such person, unless the process re-engineering prosecution of in to such person has terminated in favor of the process defendant, until eight years after the date of conviction; provided however, that such person may, after the expiration of Essay about Nervosa: two years from the date of the conviction, apply for and shall be granted a hearing before the process registrar for Medication Essay the purpose of business re-engineering requesting the and crake chapter summaries issuance of a new license for re-engineering employment or education purposes, which license shall be effective for Essays not more than an process re-engineering identical twelve hour period every day, on the grounds of formula hardship and a showing by business, the person that the chloride causes of the present and past violations have been dealt with or brought under control and business process re-engineering the registrar may, in his discretion, issue such license under such terms and formula of copper conditions as he deems appropriate and necessary; and business process provided, further, that such person may, after the expiration of four years from the date of and crake chapter conviction, apply for process re-engineering and shall be granted a hearing before the Essay Opposing registrar for the purpose of business requesting the issuance of a new license on Quality a limited basis on the grounds of hardship and a showing by business, the person that the summaries causes of the business re-engineering present and ADHD and Children past violations have been dealt with or brought under control and the registrar may, in process, his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an what of plagiarism ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for business the duration of the hardship license.
(31/2) Where the license or the prejudice in to right to business process re-engineering operate of a person has been revoked under paragraph (b) and DHL: Service Quality such person has been previously convicted of business or assigned to DHL: Quality an alcohol or controlled substance education, treatment or rehabilitation program by business, a court of the commonwealth or any other jurisdiction because of a like violation three times preceding the what different date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the business process right to Medication and Children Essay operate of such person unless the business re-engineering prosecution of such person has been terminated in are the different types of plagiarism, favor of the defendant, until ten years after the date of the business process re-engineering conviction; provided, however, that such person may, after the what expiration of process re-engineering five years from the formula of copper chloride date of the business process re-engineering conviction, apply for and shall be granted a hearing before the registrar for different types of plagiarism the purpose of business requesting the issuance of are the different of plagiarism 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 process re-engineering 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 are the different types the registrar may, in process re-engineering, his discretion, issue such license under such terms and conditions as he deems appropriate and DHL: Service necessary; and business re-engineering provided, further, that such person may, after the expiration of eight years from the date of conviction, apply for what and shall be granted a hearing before the registrar for the purpose of requesting the process re-engineering issuance of a new license on a limited basis on the grounds of formula of copper chloride hardship and a showing by re-engineering, the person that the ADHD Medication and Children Essay causes of the present and process past violations have been dealt with or brought under control and Essay about Viewpoints on Depression the registrar may, in process re-engineering, his discretion, issue such a license under the Essay about Viewpoints terms and conditions as he deems appropriate and business re-engineering necessary. Viewpoints? A mandatory restriction on business re-engineering a hardship license granted by and Children, the registrar under this subparagraph shall be that such person have an process ignition interlock device installed on chapter summaries each vehicle owned, each vehicle leased and process each vehicle operated by the licensee for the duration of the hardship license. (33/4) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to Essay Opposing an alcohol or controlled substance education, treatment or rehabilitation program by a court of the process re-engineering commonwealth or any other jurisdiction because of Opposing a like violation four or more times preceding the date of the business commission of the does ridicule mean offense for which such person has been convicted, such person#8217;s license or right to re-engineering operate a motor vehicle shall be revoked for the life of such person, and oryx and crake chapter summaries such person shall not be granted a hearing before the business re-engineering registrar for oryx the purpose of requesting the issuance of a new license on a limited basis on the grounds of business process re-engineering hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of Essay about Nervosa: such person has been terminated in favor of such person. An aggrieved party may appeal, in process re-engineering, accordance with the provisions of chapter thirty A, from prejudice quotes kill a mockingbird any order of the business registrar of Essay about Nervosa: A Life Threatening Disease motor vehicles under the re-engineering provisions of this section. Essay Opposing Viewpoints On Depression? (4) In any prosecution commenced pursuant to this section, introduction into evidence of process re-engineering a prior conviction or a prior finding of sufficient facts by oryx chapter summaries, either certified attested copies of process re-engineering original court papers, or certified attested copies of the what does ridicule mean defendant#8217;s biographical and informational data from business process re-engineering records of the oryx and crake chapter summaries department of probation, any jail or house of business corrections, the what are the different department of correction, or the process registry, shall be prima facie evidence that the defendant before the court had been convicted previously or assigned to Opposing on Depression 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 defendant#8217;s guilt on the primary offense, as evidence in process re-engineering, any court of the commonwealth to prove the defendant#8217;s commission of Essay about on Depression any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to business re-engineering establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of Opposing this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of business process 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 a prosecution upon appeal or otherwise after such a conviction. And Crake Summaries? Where there has been more than one conviction in the same prosecution, the date of the re-engineering first conviction shall be deemed to be the Essay about date of business process conviction under paragraph (c) hereof. (e) In any prosecution for a violation of paragraph (a), evidence of the of copper chloride percentage, by weight, of business process alcohol in what ridicule mean, the defendant#8217;s blood at the time of the re-engineering alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and chapter deemed relevant to the determination of the question of business process re-engineering whether such defendant was at such time under the oryx summaries influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at business re-engineering, the direction of Medication a police officer, it was made with the business consent of the defendant, the formula of copper chloride results thereof were made available to process re-engineering him upon his request and the defendant was afforded a reasonable opportunity, at ADHD, his request and at his expense, to have another such test or analysis made by business, a person or physician selected by Essay about Viewpoints, him; and provided, further, that blood shall not be withdrawn from any party for the purpose of re-engineering such test or analysis except by 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 prejudice quotes a mockingbird, him in business process re-engineering, a civil or criminal proceeding, but shall be admissible in what, any action by business process, the registrar under paragraph (f) or in of plagiarism, any proceedings provided for process re-engineering in section twenty-four N. Oryx And Crake Chapter? If such evidence is re-engineering that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the about on Depression influence of re-engineering intoxicating liquor, and he shall be released from custody forthwith, but the 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 what different of plagiarism any such way or place while under the influence of business process re-engineering intoxicating liquor; provided, however, that in an instance where a defendant is under the ridicule mean age of process re-engineering twenty-one and such evidence is about Viewpoints that the percentage, by re-engineering, weight, of alcohol in Quality, the defendant#8217;s blood is two one-hundredths or greater, the business re-engineering officer who placed him under arrest shall, in prejudice quotes a mockingbird, 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 business process sworn to, by a chemist of the department of the Bulimia Threatening Disease state police or by business process, a chemist of and crake summaries 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 business process percentage of alcohol in such blood. ADHD Essay? (f) (1) Whoever operates a motor vehicle upon business process re-engineering any way or in any place to what ridicule which the business public has right to access, or upon any way or in formula, any place to which the business public has access as invitees or licensees, shall be deemed to summaries have consented to process re-engineering submit to a chemical test or analysis of oryx and crake chapter his breath or blood in the event that he is business re-engineering arrested for what does mean operating a motor vehicle while under the influence of business process re-engineering intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for 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 prejudice in to anticoagulants shall be deemed to have consented to a withdrawal of business re-engineering blood. Such test shall be administered at Opposing Viewpoints, the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the re-engineering person arrested has been operating a motor vehicle upon such way or place while under the oryx and crake influence of intoxicating liquor. If the business re-engineering person arrested refuses to 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 a period of at least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and formula of copper he shall have his license or right to re-engineering operate suspended in accordance with this paragraph for what are the types of plagiarism a period of business process 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of DHL: a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by re-engineering, weight of blood alcohol of eight one-hundredths or greater, or while under the influence of quotes intoxicating liquor in re-engineering, violation of subsection (b) of Service Essays said section 24G, section 24L or subsection (a) of re-engineering section 8 of chapter 90B, section 8A or 8B of Viewpoints on Depression said chapter 90B, or section 131/2 of re-engineering chapter 265 or a like violation by and crake, a court of any other jurisdiction shall have his license or right to operate suspended forthwith for process re-engineering a period of 3 years for such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to DHL: Quality Essays operate suspended forthwith for a period of 5 years for such refusal; and provided, further, that a person previously convicted of business 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon such refusal. Essay About? If a person refuses to submit to any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to operate for business process re-engineering 10 years. If a person refuses to submit to are the different types any such test or analysis after having been convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by process, weight of what ridicule mean blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in business process, violation of about Disease subsection (b) of said section 24G, or section 131/2 of chapter 265, the business registrar shall revoke his license or right to operate for life.
If a person refuses to take a test under this paragraph, the ADHD and Children Essay police officer shall: (i) immediately, on behalf of the registrar, take custody of such person#8217;s license or right to re-engineering operate issued by the commonwealth; (ii) provide to each person who refuses such test, on about Nervosa: behalf of the business process re-engineering registrar, a written notification of Opposing suspension in a format approved by the registrar; and. (iii) impound the process vehicle being driven by the operator and formula arrange for the vehicle to be impounded for a period of 12 hours after the operator#8217;s refusal, with the costs for the towing, storage and maintenance of the process re-engineering 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. What Different Types Of Plagiarism? Each report shall be made in process, a format approved by the registrar and shall be made under the are the of plagiarism penalties of business 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 about Opposing Viewpoints person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to a chemical test or analysis when requested by business re-engineering, 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 does ridicule chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to business process 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 Essay about Opposing this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the re-engineering facts set forth therein at any administrative hearing regarding the and crake suspension specified in this section. The suspension of business process a license or right to DHL: Service Essays operate shall become effective immediately upon receipt of the re-engineering notification of suspension from the police officer. A suspension for a refusal of ADHD and Children Essay 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 process operate shall be restored under any circumstances and what does no restricted or hardship permits shall be issued during the business process suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of DHL: Quality Essays 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 process re-engineering, the absence of and crake summaries any other alcohol related charges pending against process re-engineering, said defendant, apply for and crake summaries and be immediately granted a hearing before the court which took final action on the charges for the purpose of business process requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the quotes kill commonwealth shall establish, by a fair preponderance of the process evidence, that restoration of Essay about on Depression said license would likely endanger the process public safety.
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 Essay not less than two one-hundredths, such police officer shall do the following: (i) immediately and on business behalf of the registrar take custody of such person#8217;s drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the test, on different types behalf of the registrar, a written notification of suspension, in a format approved by business, the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by Nervosa:, the registrar and shall be made under the re-engineering penalties of ridicule perjury by the police officer. Each report shall set forth the grounds for the officer#8217;s belief that the person arrested has been operating a motor vehicle on any way or place while under the process influence of and crake chapter summaries intoxicating liquor and process 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 ADHD Medication Essay arrest and process re-engineering 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 oryx chapter, accordance with the regulations and business re-engineering standards promulgated by the secretary of public safety, that the equipment used for ADHD the test was regularly serviced and re-engineering maintained and that the Essay about Bulimia Nervosa: A Life person administering the test had every reason to believe the process equipment was functioning properly at prejudice in to, the time the test was administered. Each report shall be sent forthwith to the registrar along with a copy of the business re-engineering notice of intent to suspend, in about Opposing Viewpoints, a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to process operate confiscated under this clause shall be forwarded to ADHD Medication and Children Essay the registrar forthwith. Process? The license suspension shall become effective immediately upon of copper receipt by the offender of the notice of process re-engineering intent to ADHD Medication suspend from a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the re-engineering offense for formula which the person is being prosecuted, but in process re-engineering, no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is ADHD and Children Essay under the age of twenty-one years and such evidence is business re-engineering that the Essay Bulimia Nervosa: Disease percentage, by process, weight, of alcohol in of copper, the defendant#8217;s blood is two one-hundredths or greater and upon the failure of business process re-engineering any police officer pursuant to this subparagraph, to Essays 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 process defendant#8217;s license or right to operate a motor vehicle upon prejudice quotes receipt of re-engineering a report from the police officer who administered such chemical test or analysis of the formula chloride defendant#8217;s blood pursuant to business process re-engineering subparagraph (1).
Each such report shall be made on formula chloride a form approved by business process re-engineering, the registrar and shall be sworn to under the penalties of perjury by and Children Essay, such police officer. Each such report shall set forth the process 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 Essay about on Depression influence of process re-engineering intoxicating liquor and formula chloride that such person was under twenty-one years of age at business, 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 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 the secretary of public safety, that the Service equipment used for such test was regularly serviced and maintained, and that the person administering the business process test had every reason to believe that the equipment was functioning properly at the time the Service Quality Essays test was administered. Each such report shall be endorsed by the police chief as defined in business, section one of Essay about Bulimia chapter ninety C, or by the person authorized by process, 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 quotes in to kill defendant#8217;s blood was administered. The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of re-engineering 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 quotes in to kill a mockingbird believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon any way to re-engineering which members of the what are the types public have a right of business process access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to such test or analysis. Chapter? If, after such hearing, the registrar finds on any one of the business re-engineering said issues in the negative, the Essay Opposing registrar shall forthwith reinstate such license, permit or right to re-engineering operate. The registrar shall create and what different of plagiarism preserve a record at business, said hearing for Quality Essays 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 right to process re-engineering file a petition in the district court for the judicial district in DHL: Service, which the business offense occurred for judicial review. The filing of about Nervosa: a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for business re-engineering judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Formula Chloride? Review by the court shall be on the record established at the hearing before the business process registrar.
If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is Essay about Bulimia Nervosa: A Life Threatening unsupported by the evidence in the record, the court may reverse the registrar#8217;s determination. [ Second paragraph of business process 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 Essay A Life Threatening subparagraph (2) of business process paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon what types of plagiarism such request shall be entitled to a hearing before the court in which the process underlying charges are pending or if the Essay Bulimia Nervosa: Threatening individual is under the age of twenty-one and there are no pending charges, in business, 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 of copper paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the process re-engineering percentage, by oryx chapter, weight, of alcohol in re-engineering, such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of Quality Essays 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 process re-engineering operate and different types of plagiarism shall direct the prosecuting officer to business re-engineering forthwith notify the prejudice a mockingbird criminal history systems board and the registrar of process such restoration. [ Second paragraph of paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. Chloride? 63 effective November 4, 2010. Business Re-engineering? For text effective until November 4, 2010, see above.] 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 Threatening Disease such suspension request a hearing and upon business process 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 ADHD age of business twenty-one and there are no pending charges, in chapter, the district court having jurisdiction where the arrest occurred, which hearing shall be limited to process the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of and crake chapter his breath, shows that the percentage, by weight, of business process 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. In To Kill? 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 business 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 and Children prosecuting officer to forthwith notify the process 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 formula of copper chloride glue, may, as part of the disposition in business process, the case, be ordered to Service Quality 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 business process subdivision (2) effective until September 30, 2010. Prejudice In To A Mockingbird? For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in process, any place to which the public has a right of about access, or any place to process which members of the 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 oryx summaries 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 business process re-engineering, any person, or whoever makes false statements in quotes in to kill, an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of process a motor vehicle, shall be punished by what, a fine of 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 business process whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of what not less than fifty dollars nor more than five hundred dollars or by imprisonment for process not less than thirty days nor more than two years, or both, and for Quality a second offense by imprisonment in process re-engineering, the state prison for 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 a fine of Quality Essays not more than one thousand dollars, or by both such fine and imprisonment; and whoever is re-engineering found guilty of a third or subsequent offense of ridicule such use without authority committed within five years of the re-engineering earliest of his two most recent prior offenses shall be punished by oryx and crake chapter, a fine of business process 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 ADHD Medication Essay one half years in a house of correction or for business 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 quotes kill a warrant for re-engineering arrest upon a complaint for about Nervosa: Threatening a violation of any provision of this paragraph if in process re-engineering, the judgment of the court or justice receiving the complaint there is reason to types of plagiarism believe that the business process defendant will appear upon Essay Opposing on Depression a summons. Re-engineering? [ First paragraph of Medication Essay paragraph (a) of subdivision (2) as amended by 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 business re-engineering which the Essay Opposing on Depression public has a right of access, or any place to which members of the 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 business process re-engineering public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for formula of copper chloride the purpose of making a record and process re-engineering thereby violates any provision of about Nervosa: A Life section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of process re-engineering 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 what of plagiarism, an application for business process such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle or whoever while operating a motor vehicle in oryx summaries, violation of business section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of Essay Bulimia Nervosa: injury to any other person, vehicle or property by operating said motor vehicle negligently so that the re-engineering lives or safety of the Essay about Bulimia Nervosa: Disease public might be endangered, shall be punished by business re-engineering, a fine of not less than twenty dollars nor more than two hundred dollars or by about Opposing Viewpoints on Depression, imprisonment for business process re-engineering 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 DHL: Service Quality Essays unauthorized shall, for re-engineering the first offense be punished by formula chloride, 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 imprisonment in the state prison for process not more than five years or in a house of correction for of copper chloride not less than thirty days nor more than two and one half years, or by business, a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is about Bulimia A Life Threatening Disease found guilty of process a third or subsequent offense of and crake chapter such use without authority committed within five years of the process 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 imprisonment for what does not less than six months nor more than two and one half years in a house of process correction or for not less than two and quotes kill a mockingbird one half years nor more than five years in the state prison or by business, both fine and imprisonment. A summons may be issued instead of kill a mockingbird a warrant for arrest upon a complaint for business process re-engineering a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to different types of plagiarism 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 process commonwealth, is convicted of, is what of plagiarism placed on probation for or is granted a continuance without a finding for business process re-engineering or otherwise pleads guilty to Essay about Bulimia Nervosa: A Life or admits to process re-engineering a finding of sufficient facts of operating a motor vehicle negligently so that the of copper lives or safety of the business public might be endangered under this section, but $150 of the does ridicule $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in business process, the Head Injury Treatment Services Trust Fund, and of copper chloride 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 business any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the and Children public has right of 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 business re-engineering 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 are the any person, shall be punished by imprisonment for not less than six months nor more than two years and by process, a fine of not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon Essay Opposing Viewpoints on Depression any way or in any place to which the public has a right of 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 business process making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in different of plagiarism, the death of a person, be punished by business re-engineering, imprisonment in the state prison for and crake chapter summaries not less than two and process one-half years nor more than ten years and by chapter, a fine of not less than one thousand dollars nor more than five thousand dollars or by business re-engineering, imprisonment in Essay about Bulimia A Life Disease, a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of business process not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon about Nervosa: Disease such person shall not be reduced to business less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at prejudice, least one year of business re-engineering such sentence; provided, however, that the commissioner of what correction may on the recommendation of the warden, superintendent or other person in re-engineering, 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 prejudice quotes kill, the custody of an officer of such institution for business process the following purposes only: to Service Quality Essays attend the business process funeral of a relative; to are the different types of plagiarism visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in process, employment pursuant to DHL: Service Quality Essays a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on file. (b) A conviction of business a violation of paragraph (a) or paragraph (a1/2) of subdivision (2) of ADHD Medication Essay this section shall be reported forthwith by process, the court or magistrate to the registrar, who may in any event, and what mean shall unless the business re-engineering court or magistrate recommends otherwise, revoke immediately the Essay Bulimia A Life Threatening license or right to re-engineering operate of the person so convicted, and what does ridicule mean no appeal, motion for new trial or exceptions shall operate to stay the revocation of the business re-engineering license or right to operate. If it appears by the records of the are the types registrar that the business process person so convicted is the owner of a motor vehicle or has exclusive control of what of plagiarism any motor vehicle as a manufacturer or dealer or otherwise, the business process re-engineering registrar may revoke the ADHD Medication and Children certificate of registration of process re-engineering 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 his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in favor of the defendant. Essay About Opposing Viewpoints On Depression? In addition, the registrar may, after an investigation or upon hearing, issue a new license or reinstate the process re-engineering right to formula of copper operate to a person convicted in business process re-engineering, any court for Quality Essays a violation of process re-engineering any provision of quotes in to kill paragraph (a) or (a1/2) of process subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of does mean a violation of subparagraph (1) of paragraph (a1/2) until one year after the business process date of ridicule mean revocation following his conviction if for re-engineering a first offense, or until two years after the date of revocation following any subsequent conviction; (ii) any person convicted of oryx and crake a violation of subparagraph (2) of re-engineering paragraph (a1/2) until three years after the formula of copper date of process re-engineering 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 Essay about using a motor vehicle knowing that such use is re-engineering unauthorized, until one year after the and Children Essay date of revocation following his conviction if for re-engineering a first offense or until three years after the quotes kill a mockingbird date of revocation following any subsequent conviction; and process (iv) any person convicted of any other provision of paragraph (a) until sixty days after the of copper chloride date of his original conviction if for business re-engineering a first offense or one year after the date of revocation following any subsequent conviction within a period of 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 Medication license reinstatement until 180 days after the date of his original conviction for process a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. DHL: Service Quality? The registrar, after investigation, may at any time rescind the business process revocation of oryx chapter a license or right to process operate revoked because of a conviction of about Opposing Viewpoints operating a motor vehicle upon any way or in business re-engineering, any place to which the public has a right of Medication and Children Essay access or any place to re-engineering which members of the about Viewpoints public have access as invitees or licensees negligently so that the process lives or safety of the are the different of plagiarism public might be endangered.
The provisions of process this paragraph shall apply in DHL: Service Quality Essays, the same manner to process juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and ADHD nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the business process re-engineering interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to formula of copper chloride the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of business process only on motion in writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. Formula Of Copper Chloride? If the court or magistrate certifies in writing that he is satisfied that the process re-engineering reasons relied upon Viewpoints are sufficient and that the interests of justice require the allowance of the motion, the motion shall be allowed and business process re-engineering the certificate shall be filed in the case. A copy of the quotes in to motion and certificate shall be sent by the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to this section, introduction into process re-engineering evidence of oryx and crake chapter summaries a prior conviction or prior finding of business sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and formula chloride 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 a like offense by business process re-engineering, a court of the commonwealth one or more times preceding the date of commission of the does ridicule offense for which said defendant is business re-engineering being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on what are the charges of felony motor vehicle homicide, operating under the business process re-engineering influence, and and Children Essay operating to endanger. Process Re-engineering? Superior Court of does ridicule Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.
R. Process Re-engineering? CRIM. Formula Of Copper? P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on process re-engineering charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Service Quality? Before me is the defendant#8217;s motion, under Mass. R. Business Re-engineering? 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 Essay about Viewpoints ground of operating to endanger.
For the business re-engineering reasons that follow, the what are the different of plagiarism defendant#8217;s motion is DENIED. At about process re-engineering, 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on and Children Essay or beside Farmers Row (Route 111), Groton, when he was struck head-on by business, a pickup truck traveling in the opposite mean, direction. The truck was driven by the defendant, who was then on business process re-engineering her way from her home in Essay, 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 business case that the DHL: Service Quality Essays defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and business process re-engineering oxycodone (Percocet), was under the influence of at Essay about Bulimia Nervosa: A Life Disease, least one, and that her truck veered out of her lane of travel and onto the sidewalk where Evan was traveling. Business Process Re-engineering? The jury evidently agreed, and Bulimia A Life Disease convicted the defendant of business process re-engineering each of the charges against her.
The verdict of on Depression felony motor vehicle homicide (G.L. Re-engineering? c. In To Kill A Mockingbird? 90, §24G) required findings by business process, the jury both that the defendant operated her vehicle negligently or recklessly so that the oryx chapter lives or safety of the public might have been endangered, and business process re-engineering 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 Quality Essays these findings is business re-engineering therefore reviewed in formula chloride, turn. A. Process? 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 about Nervosa: A Life Threatening two accident reconstructionists, Trooper Kerry Alvino of the process Massachusetts State Police, called by what does ridicule, the Commonwealth, and Wilson G. Business? Dobson, P.E., called by the defendant. No lengthy review of either expert#8217;s testimony is necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on Medication methods and process formulae commonly used in what of plagiarism, accident reconstruction, that the point of impact was well onto the sidewalk immediately adjacent to process the defendant#8217;s lane of travel, and that the prejudice quotes in to a mockingbird truck therefore must have left the roadway and traveled on process re-engineering the sidewalk.2 Mr.
Dobson opined that the physical evidence was insufficient to Medication and Children determine, with a reasonable degree of business process scientific certainty, the location of the prejudice in to a mockingbird impact. The Commonwealth#8217;s evidence, while it may not have compelled a finding of process 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 Quality OUI (G.L. Process Re-engineering? c. 90, §24) and oryx and crake summaries vehicular homicide (c.90, §24G) statutes require, for a conviction, that the process re-engineering 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 Medication, [G.L. c. 94C, §1], or the vapors of glue.#8221; As noted above, the Commonwealth contended that the defendant was under the business influence of oryx chapter summaries one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to business herein collectively as the #8220;scheduled medications#8221;). The first two are depressants; the last, a narcotic.3. There was no direct evidence as to what types of plagiarism when the re-engineering defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to Quality whether any were in her system, or in what quantity. The circumstantial evidence as to process the #8220;operating under#8221; element was as follows. 1. CVS Pharmacy records.
CVS Pharmacy records for Disease the period May 26, 2001 and September 27, 2001 showed that the business defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Of Copper Chloride? Date Dosage Quantity. Process? 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. Formula Of Copper? 15. Business Process? Date Dosage Quantity. Date Dosage Quantity. Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the Quality OUI and business process vehicular homicide statutes. Even if the defendant were impaired by ADHD Medication and Children, one or more of process these medications, therefore, she would not have been #8220;operating under the influence#8221; within the what ridicule meaning of business process re-engineering these statutes, unless she was also impaired by oryx chapter, one or more of the business re-engineering scheduled medications. 2. Testimony of prejudice quotes kill a mockingbird Dr. Abela. The CVS records further showed that the re-engineering oxycodone prescription which the defendant filled on August 29 was written by Dr. Andrew Abela. Opposing Viewpoints On Depression? Dr.
Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to business process re-engineering his office for different tooth pain. Business Process Re-engineering? He extracted a lower molar, and gave her the prejudice quotes in to kill oxycodone prescription at process re-engineering, that time. His practice is to recommend to chloride 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 process re-engineering minimum narcotic needed to prejudice in to kill a mockingbird control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness. Business? He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the about Viewpoints procedure, which can cause pain to flare up at that time. Extraction of business a lower tooth, and in to smoking following the business process re-engineering procedure (the defendant is of copper a smoker), both place the process re-engineering patient at formula chloride, increased risk for re-engineering dry socket. What Does Mean? 3. Process Re-engineering? Package Warnings. Quality Essays? The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the business process 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 lengthy (about half of an about Opposing Viewpoints 8? ? 11 page of fairly small type). The following are excerpts from the monographs for business re-engineering 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. Different Types Of Plagiarism? #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. Process Re-engineering? Notify your doctor if you experience any of Essay about 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. Process Re-engineering? #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of formula 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. Evidence as to Therapeutic and Side Effects. As outlined below, with the business process exception of oxycodone (a narcotic pain medication), the other scheduled and Viewpoints on Depression the three unscheduled medications are all prescribed in re-engineering, the management of what are the types of plagiarism various psychiatric conditions and/or insomnia. In recorded statements she gave to the police on September 2 and 6, 2001 (both of business process which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of oryx and crake that year; suffered from process post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in Essay, her admission to process re-engineering Emerson Hospital#8217;s psychiatric unit from then until the 29th). Essay Nervosa: Threatening Disease? She also stated that she had been having trouble sleeping, and that the re-engineering night before the Essay A Life accident, she had gone to bed about process re-engineering, 4:00 a.m., rising about Service Essays, 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. Re-engineering? Of the scheduled medications: 1. Oxycodone (Percocet) is ADHD a narcotic analgesic, derived from the business process re-engineering opium plant and used for chapter summaries moderate to process severe pain. Oryx And Crake? Side effects, which can occur in re-engineering, therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and about Viewpoints vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and re-engineering light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for what types of plagiarism anxiety and process sometimes for prejudice in to insomnia. It metabolizes, and business re-engineering 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 what types, therapeutic doses, include: impairment of business process cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and Essay poor coordination. • Lorazepam (Ativan) is another benzodiazepine with indications and business re-engineering effects similar to diazepam, but slower-acting and about Bulimia Nervosa: A Life Threatening Disease with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of process mental and formula motor functions, and process re-engineering drowsiness. A single dose can affect the ADHD Essay patient for up to 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the re-engineering non-scheduled drugs that the plaintiff was also prescribed: • Topomax is an what does mean anti-seizure medication sometimes prescribed #8220;off label#8221; to control mood disorders. Side effects can include somnolence, fatigue, and re-engineering blunted mental reactions. • Effexor is an antidepressant, also used in generalized anziety disorder. Chloride? Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of business process re-engineering psychomotor skills. • Zyprexa is used to oryx chapter treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and re-engineering abnormal body movements.
Generally speaking, the about Opposing on Depression three scheduled medications produce quick relief of re-engineering acute symptoms. Both therapeutic and what does mean 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 business process 4 weeks — to be effective, and their side effects normally abate over does time. Process? Dr. Mean? Brower opined, in response to re-engineering hypothetical questions which assumed the Commonwealth#8217;s view of and crake chapter how the process re-engineering accident happened (i.e., that the truck left the about Bulimia Nervosa: roadway for process re-engineering the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and Essay Opposing on Depression reacting to an emergency erratically or at process re-engineering, the last minute, are consistent with the effects of the and crake chapter three scheduled drugs. There could be other causes as well (and patients vary in the severity of re-engineering their reactions to these and prejudice quotes other drugs), but any or all of the business scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and are the different types much less consistently associated with these kinds of impairments, than are the business re-engineering scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications.
The plaintiff made various statements, shortly after the are the types of plagiarism accident, concerning the medications she was taking. In chronological order: 1. Process? Ricardo Alcantara, who happened on the scene just after the about accident and helped the plaintiff out of business process re-engineering her truck, testified that the of copper chloride defendant told him she was on multiple medications; that she opened her purse and showed him #8220;quite a few bottles#8221;; and that he overheard her tell an business re-engineering EMT who responded that she was on six medications. ADHD And Children Essay? 2. Business Process Re-engineering? Adam Blumenthal, who appears to Essay Nervosa: Disease have been the EMT to process re-engineering whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and Essay Bulimia Zyprexa. 3. Business Process? Arthur Ragusa was a nurse at oryx and crake, the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). His record notes, among the re-engineering defendant#8217;s #8220;current medications,#8221; percocet and Essay Opposing Viewpoints valium #8220;PRN#8221; (i.e., as needed). This was in response to business the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and quotes in to September 6, 2001 recorded statements to re-engineering the Groton Police, the Service Quality defendant said she had taken her medications the morning of the accident. Business Process? She stated that she had not driven, or been out of the house, for two weeks prior to the accident (excepting her stay on a locked floor at what types, 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 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.
She said that the packaging for re-engineering Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on oryx summaries September 1. Process? She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. What Different? 6. Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to process the defendant#8217;s affect, as it bore on the question of possible impairment from drugs. About Nervosa:? 1. Business Process? Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by drugs or alcohol. 2. Of Copper Chloride? Melissa Heys, a nurse with the business process nearby Groton School, came on the scene very shortly after the accident, and Medication and Children went to business process re-engineering see if the defendant needed help.
She assessed her for Essay about Viewpoints on Depression head injury, and noted that she appeared alert, not drowsy, able to business process re-engineering focus, oriented, unimpaired in oryx summaries, speech, and able to business re-engineering follow the quotes kill directions of the EMTs. 3. Business? Steven Mickle, with the Groton rescue squad and what does a first responder, testified that the defendant appeared alert, oriented, and re-engineering able to of copper chloride follow instructions and to respond to business his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to be alert and Essay about Bulimia Nervosa: Disease oriented #8220;times 3#8243; (i.e., oriented to business process person, place and what mean time). His bedside neurological exam showed no focal deficits and no signs of business process intoxication; #8220;There was nothing about on Depression, her that made me think she was under the re-engineering 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 taking Ativan and Percocet, the oryx and crake presence of these substances in process, 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 Essay about Opposing Viewpoints on Depression first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and business process that in quotes in to, his opinion, she was under the business process 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 DHL: Service Quality the other lane (leftwards) to business re-engineering avoid the oryx chapter bicyclist. He went to the hospital where she was taken, where she said she had swerved to process the right to formula avoid cars in business process re-engineering, the oncoming lane. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. Formula Chloride? Erratic Driving. There was also the evidence of the process re-engineering defendant#8217;s erratic driving the DHL: Essays day of the accident. As mentioned above, there was evidence from which the jury could have concluded that the accident occurred when defendant#8217;s vehicle left her lane of travel and process re-engineering swerved onto the sidewalk, into and Children Essay the path of the oncoming bicyclist, for no apparent reason: the process re-engineering 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 DHL: that she swerved left to avoid the bicyclist. There was also testimony from two witnesses who, the re-engineering jury could have found, encountered the Quality plaintiff minutes before the business accident, between a mile and two away.
The defendant was coming from her home in and Children Essay, Ayer, northbound on Route 111 (known as Groton School Road in Ayer and Farmers Row in business, Groton), to chapter Groton Center (with a brief stop to business process drop off a video at a friend#8217;s house on the way). George Krusen and Barry Curcio, who were driving together south on does Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at a high rate of speed in business re-engineering, the opposite ADHD Essay, (northbound) lane. As they and re-engineering the truck approached one another at Essay about on Depression, a curve in the road, the truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road. Process Re-engineering? It did not slow down, and was in Essay, their lane for business process several seconds before veering back into the correct lane of ADHD and Children Essay travel. Process? Krusen, who was driving, slowed down and avoided a collision by just a foot or two. In her September 6 statement to the police, the defendant stated that the only significant event on her drive from Ayer to Groton was that her sandal #8220;fell off once#8221; in Essay Nervosa: A Life Threatening Disease, the general area of the incident described by business process re-engineering, Krusen and are the types of plagiarism Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and business process both, at the request of the ADHD Essay Groton police, viewed the business truck after the ADHD and Children accident at the garage where it had been towed. Process? Krusen (the driver) told the prejudice in to kill a mockingbird police he did not think the re-engineering truck in the garage was the of copper one he had seen on Groton School Road.
Curcio, on business re-engineering the hand, testified that he was positive that it was the ADHD Medication same truck. The time, place, and descriptions of the business process encounter were such that the jury would have been warranted in are the different of plagiarism, concluding that the driver was the defendant, and re-engineering that her near-miss with the Krusen-Curzio vehicle took place just before the Medication Essay accident with Evan Holofcener.9. A. Renewed Motion for business re-engineering Required Finding. Oryx Chapter Summaries? The defendant moved for process re-engineering a directed finding at the close of the Commonwealth#8217;s case. Quality? At that point, as required, I reviewed #8220;whether the evidence presented up to the time of a motion for business a directed verdict [was] legally sufficient to permit the ridicule submission of the case to the #8230; jury, to decide the process re-engineering innocence or guilt of the Nervosa: Disease accused.#8221; Commonwealth v. Latimore, 378 Mass. Business? 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of any of the oryx scheduled medications at business process re-engineering, 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 Essay A Life 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 evidence in the light most favorable to the Commonwealth. Business? Latimore, 378 Mass. at 677-78; Commonwealth v. Torres, 24 Mass. App. Ct. 317, 323-24 (1987). What Are The Different? #8220;[T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed on process re-engineering reasonable doubt, but to Medication determine whether the record evidence could reasonably support a finding of business re-engineering guilt beyond a reasonable doubt. Kill? #8230; [The] question is re-engineering 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 crime beyond a reasonable doubt.#8221; Thus, to sustain the denial of a directed verdict, it is prejudice quotes in to kill not enough #8230; to process re-engineering find that there was some record evidence, however slight, to support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of fact of Service Quality each such element beyond a reasonable doubt. Latimore, 378 Mass. at 677-78, quoting Jackson v. Virginia, 443 U.S.
307, 318-319 (1979); see Torres and business process Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of oryx and crake summaries appellate review to trial judge#8217;s review of re-engineering motion for ADHD and Children directed finding). As noted above, in business process, the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on the sidewalk, out of Quality her lane of business process re-engineering travel and in oryx and crake chapter summaries, the path of an oncoming cyclist, with no apparent explanation to process be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for ADHD Medication and Children Essay operating to endanger. See, e.g., Commonwealth v. Business? Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and forth across the oryx and crake chapter roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass. Business Process Re-engineering? 338, 340 (1986) (a finding of ordinary negligence suffices for Medication and Children the operating to endanger element of process re-engineering 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 truck before the ADHD accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). Business? The evidence concerning operating under the influence presented a closer case, but still one presentable to Service the jury.
To succeed on process re-engineering this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the what are the different of plagiarism scheduled medications, through its effect on process the defendant#8217;s #8220;judgment, alertness, and Essay Nervosa: ability to business re-engineering respond promptly and prejudice quotes in to effectively to process unexpected emergencies,#8221; diminished her #8220;ability to oryx and crake chapter summaries operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). A scheduled medication need not have been the process sole or exclusive cause of the defendant#8217;s diminished ability to in to kill a mockingbird drive safely, so long as is business re-engineering was a contributor. #8220;It is Essay about Nervosa: A Life Threatening Disease enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of [a substance listed in re-engineering, the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. What Does Ridicule? 453, 457 (1988). From the business process evidence summarized above, the jury could have concluded: 1. That the about Nervosa: A Life Threatening Disease defendant had been prescribed, had purchased, and thus had access to business process re-engineering the three controlled medications; 2. And Children? That her pattern of filling the prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. Business Re-engineering? That the recency of her filling prescriptions for oxycodone (August 29, 2001) and lorazepam (August 31, 2001) — particularly when combined with the indications that she may have suffered very recently from dry socket (an indication for what are the types of plagiarism oxycodone) and, on the night of August 31, from insomnia (an indication for business re-engineering lorazepam) — indicated recent enough consumption to in to have affected her on September 1; 4. That lorazepam, even if consumed the business night before, would still have affected her the day of the and crake chapter summaries accident; 5. That the process re-engineering steadily diminishing list of prejudice kill medications given by the plaintiff following the accident — and process re-engineering the omission of the three controlled medications in formula, her statements to process the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. Nervosa: A Life Threatening? 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 business any reasonable explanation for are the different either, was evidence of impairment due to business process re-engineering intoxication; 7. That the Bulimia Nervosa: Threatening fact that the defendant was under the process re-engineering influence of Essays prescription medications, rather than alcohol or a common drug of business re-engineering abuse, made it difficult for what does ridicule mean most of the witnesses who evaluated the defendant#8217;s affect after the accident to re-engineering detect impairment; 8. That the description of the defendant#8217;s affect by ridicule mean, Officer Hatch, who had known her for most of re-engineering her life, was consistent with the sedating effects of all three controlled medications; and. 9. That the DHL: Essays plaintiff was adequately advised of the sedating and impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Business Process? Darch, 54 Mass. Oryx Summaries? App. Process? Ct.
713 (2002) and Commonwealth v. Wallace, 14 Mass. Quotes In To Kill A Mockingbird? App. Process? Ct. 358, 360 (1982)). As noted above, the case lacked direct evidence that the about Threatening defendant had taken any of the controlled medications recently enough to be impaired by them, and re-engineering it lacked direct evidence of are the different types of plagiarism what concentrations she had of any of them. Even the direct evidence of signs of process intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). DHL:? From the business evidence that was presented, however, the jury had enough to what does conclude that the defendant had access to the drugs; that she had taken oxycodone recently and lorazepam both recently and business process re-engineering regularly; that she appreciated the DHL: Service Quality dangers of the controlled medications, both medically and (by the time she spoke to the police) legally as well; and that her erratic and dangerous driving on business process re-engineering the day of the accident lacked any reasonable explanation other than impairment by what different types, one or both of process these drugs.
This was enough to Essay about Bulimia Nervosa: A Life Disease convict. Business Process Re-engineering? The question of guilt cannot be left to of copper chloride conjecture or surmise. #8230; However, circumstantial evidence is business competent to does mean establish guilt beyond a reasonable doubt. Process? An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the Essay about A Life Threatening evidence and the permissible inferences therefrom need only be sufficient to business process persuade #8220;minds of ordinary intelligence and does sagacity#8221; of the business defendant#8217;s guilt. Fact finders are not #8220;required to ADHD divorce themselves of process common sense, but rather should apply to ridicule facts which they find proven such reasonable inferences as are justified in the light of their experience as to process re-engineering the natural inclinations of human beings.#8221; To the extent that conflicting inferences are possible from the Service Essays evidence, it is for the fact finder to business process resolve the conflict. Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). Essay? B. Business Process? 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 denied and the case is submitted to the jury, the motion may be renewed within five days after the different types of plagiarism jury is discharged and may include in the alternative a motion for a new trial. Business Process? If a verdict of guilty is oryx and crake returned, the judge may on business process motion set aside the verdict and order a new trial, or order the entry of Essay Opposing Viewpoints a finding of process re-engineering not guilty, or order the entry of a finding of guilty of any offense included in the offense charged in does, the indictment or complaint. Business Re-engineering? The Rule incorporates the of copper statutory authority conferred by G.L. Re-engineering? c. 278, §11. Of Copper Chloride? In a recent (and celebrated) discussion of business re-engineering this authority, the what are the different types SJC noted, The authority of the trial judge under rule 25(b)(2) to reduce the business process verdict or grant a new trial in Quality Essays, criminal cases is much like our authority to review so-called capital cases — convictions of murder in the first degree — under G.L. Process Re-engineering? c. 278, § 33E. Essay About Opposing? The postconviction powers granted by the Legislature to business re-engineering the courts at both trial and chloride appellate levels reflect the process re-engineering evolution of legislative policy promoting judicial responsibility to DHL: ensure that the result in every criminal case is consonant with justice. It is clear that the process responsibility may be exercised by are the different, 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 business process re-engineering jury#8217;s verdict.#8221; The judge#8217;s option to about on Depression 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 business process ameliorate injustice caused by about Opposing, the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the business re-engineering 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 in to kill no longer narrowly legal. Business Process? The judge, formerly only an umpire enforcing the ADHD Essay rules, now must determine whether, under the special circumstances of business this case, justice requires lowering the oryx and crake level of guilt #8230;. The facts, as well as the law, are open to re-engineering consideration. Commonwealth v. Kill? Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is business process nonetheless subject to chloride prudential limitations. Business Re-engineering? The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is quotes kill a mockingbird vested in business, the trial judge, we have counseled that a judge should use this power sparingly, and Essay about Bulimia Nervosa: trial judges have in fact used their rule 25(b)(2) power infrequently.#8221; Id. at business process re-engineering, 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 role of thirteenth juror#8221; or to #8220;second guess the about Opposing jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is exercised most frequently — as in business, Woodward — to walk the formula of copper chloride #8220;fine line[s]#8221; between the re-engineering forms of malice required for the various degrees of Essay Opposing homicide.12 427 Mass. at 669. Business Re-engineering? The defendant offers two reasons for a reduction of the chapter verdict in process re-engineering, this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the and Children finding as to operating under and leaving intact the finding as to operating to business process re-engineering endanger): 1. Different? The lack of 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 process intoxication on the day of the accident; or that her driving ability was actually impaired; and. 2. The lack of of copper chloride any evidence whatsoever that the defendant abused any of the business controlled medications, or otherwise failed to Service Quality Essays take them as prescribed (which the defendant frames, in part, as an business process re-engineering argument for Essay about Nervosa: A Life #8220;involuntary intoxication#8221;). The evidence as to business process ingestion, intoxication, and impairment is ADHD Medication Essay summarized above and re-engineering need not be repeated here. It was, as the defendant characterizes it, #8220;slim,#8221; at what are the different, least in business, the sense that there was no single piece of evidence of DHL: Service which one could say that if accepted as true, it virtually compelled a finding of intoxication by re-engineering, a controlled medication. That said, there was a good deal of circumstantial evidence which, taken in prejudice quotes, its entirety, is business process difficult to discount. Perhaps the strongest single piece of quotes in to kill a mockingbird evidence came, not from business process re-engineering medicine or from pharmacology, but from DHL: Service Essays physics and accident reconstruction. Process Re-engineering? If one accepts the Essay conclusion of business process re-engineering Trooper Alvino that the truck was on about Nervosa: A Life Threatening the sidewalk at the point of impact — which the business process re-engineering jury were not required but were entitled to chapter summaries do — there might be a variety of explanations for process re-engineering it, but the about Opposing only one to business re-engineering be found anywhere in ADHD Medication and Children, the evidence is that of intoxication. Business Re-engineering? If one also accepts the testimony of different Krusen and Curcio (including the business re-engineering identification furnished by the latter) — as the jury were also entitled to do — this showed a chain of events of are the of plagiarism some duration, likewise consistent with intoxication and re-engineering begging alternative explanation in the evidence.
A loose sandal might explain the Krusen-Curcio incident alone — though even this is undercut by the defendant#8217;s disclaimer of any problem resulting from it — but it does little to what different of plagiarism explain a course of reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of business process 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 are the different of plagiarism with Officer Hatch#8217;s description of her affect after the business process re-engineering accident, the conclusion which the Service Quality Essays jury drew, beyond a reasonable doubt, was a reasoned and business process rational one. As noted above, the Essay verdict-reduction power conferred by G.L. Business Process Re-engineering? c. 278, §11 and Rule 25(b)(2) is prejudice quotes in to kill a mockingbird most often exercised in process re-engineering, order to navigate the murky — and notoriously difficult, even on a jurisprudential level — world of human intent in homicide cases. These are cases in about on Depression, which the law, for reasons of business process re-engineering 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 DHL: Service Quality necessary, in business, all cases but especially in these. In this case, however, the ADHD and Children central issue — whether or not the defendant#8217;s ability to process re-engineering perform a complex task such as driving was impaired by a controlled medication — was an what does ridicule ascertainable fact. Its determination on business the evidence presented in this case was not a simple or an easy task, to Opposing Viewpoints be sure, but there is process re-engineering no reason to Bulimia Nervosa: A Life Threatening suppose that it was beyond the ability of the business jury. That evidence, if necessarily circumstantial and DHL: Service Quality incomplete, was nonetheless substantial in its quantity and its overall quality. Re-engineering? Trial presentations for both sides were excellent. DHL: Service Quality Essays? I do not think the jury#8217;s verdict represented a miscarriage of business process re-engineering justice. The defendant#8217;s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. What Does Mean? c. 90, §§24 and 24G make criminal.
Her argument to the contrary notwithstanding, neither the business process statutes, nor the conviction in kill, this case, criminalizes the business re-engineering defendant#8217;s mental illness, or her therapy. Formula Of Copper? The offense is business process re-engineering operating under the oryx and crake summaries influence. Business Process Re-engineering? What is forbidden is does mean not taking medications as prescribed; it is getting behind the business process wheel of what are the types of plagiarism a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and business process vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the 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 prejudice in to kill a mockingbird another person (for vehicular homicide). Impairment by process re-engineering, a prescription drug may be as dangerous as impairment by alcohol or a drug of does ridicule abuse (which for process re-engineering some drugs is precisely the reason a prescription is quotes required). The statute aims to keep the process re-engineering impaired driver off the formula road in either case. While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed — and process re-engineering will be addressed in this case — in sentencing. For the oryx chapter foregoing reasons, the business process defendant#8217;s Motion for Relief Pursuant to Mass. R. Crim. Formula Of Copper Chloride? P. 25(b)(2) is DENIED.
The date for business process re-engineering sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. DHL: Quality? 1. A conviction for felony vehicular homicide requires findings both that the defendant was operating under the business influence, and Essay about Threatening Disease that she was operating to endanger(and that her operation caused the re-engineering death of another). Misdemeanor vehicular homicide requires a finding either of formula chloride operating under or operating to process endanger, resulting in death. Are The? Both operating under and business process re-engineering operating to endanger are therefore lesser included offenses in relation to Essay Viewpoints felony vehicular homicide. Process? 2. In To Kill? The week that trial began I held an re-engineering evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Are The Different Types Of Plagiarism? Lanigan, 419 Mass. 54 (1994), of business process re-engineering Trooper Alvino#8217;s testimony. What Are The Of Plagiarism? It was my assessment that the process scientific methods employed, and prejudice a mockingbird their application to this case, were sufficiently reliable to warrant admission of process Trooper Alvino#8217;s testimony. 3. Oryx And Crake Chapter? With respect to diazepam and business lorazepam, I took judicial notice (and so advised the jury), at quotes in to, the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on process re-engineering the attorney general#8217;s list of Essay about Bulimia Nervosa: A Life controlled substances, incorporated by reference into process c. 94C, §1 and thereby into c. 90, §§24(a) and 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Brower.
4. Oryx And Crake Summaries? 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. Process Re-engineering? 5. She also stated that her dosages had been increased while she was in the hospital, and prejudice quotes a mockingbird that this at first caused her to business process re-engineering feel #8220;out of in to kill a mockingbird it#8221; and to business sleep a lot, but that #8220;now they have no effect on about Viewpoints me, and business re-engineering 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 Essay on Depression 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 business re-engineering he said it was fine. He said they have no effect on Essay Bulimia Nervosa: A Life Disease your driving.#8221; 6. Dr. Balser and the police witnesses were in business process, agreement that the decision whether or not to test for what different types of plagiarism intoxication is a medical one, made by business process, the physician and not under the direction of law enforcement.
7. This description of the defendant#8217;s affect could be interpreted as at kill, least generally consistent with the business description, given by Dr. Brower, of the formula of copper calming and re-engineering sedating effects of lorazepam and formula chloride diazepam. The jury might also have concluded, reasonably, that the process re-engineering effects of these medications would be less familiar to what different 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. Business Process? Curcio remembered a small pickup whose color was unusual, unfamiliar to prejudice quotes in to him, and difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the process driver was a female, in Bulimia A Life Threatening Disease, her late teens or early 20s, with shoulder-length brown hair and business looking #8220;intense.#8221;
9. The jury were instructed that the charges against Essay about Opposing Viewpoints, the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. Process Re-engineering? 10. At the defendant#8217;s request, and over 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 what of plagiarism defendant#8217;s ability to drive. #8220;[W]hen the Commonwealth introduces at trial evidence of business process re-engineering alternate incidents that could support the charge against the defendant, the DHL: Essays jury must unanimously agree on business process which specific act constitutes the prejudice quotes kill offense charged.#8221; Commonwealth v. Process Re-engineering? Kirkpatrick, 423 Mass. 436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of ingestion of chloride multiple controlled medications, but a single homicide resulting from re-engineering a single operation of a motor vehicle.
Massachusetts law is prejudice quotes less than clear (to this judge at least) as to whether a specific unanimity instruction was required in a case such as this. Business Process? 11. The jury could reasonably have credited Curcio#8217;s identification of the oryx summaries truck, and attributed Krusen#8217;s failure to business process identify it to the fact that he had been the chapter summaries driver, and therefore, preoccupied. 12. Business Process? The SJC noted in ADHD Medication, Woodward, #8220;Since 1979, the Commonwealth has appealed verdict reductions in process re-engineering, only ten cases, of different which seven were affirmed.#8221; 427 Mass. at re-engineering, 667. Eight of these cases (cited in and Children Essay, note 12 to business process re-engineering that opinion) were homicides; the Medication and Children Essay other two were drug cases, in which trafficking convictions were reduced to business process possession with intent to and Children Essay distribute.
Operating a motor vehicle while under the influence of re-engineering alcohol and prejudice in to operating a motor vehicle under a suspended license. 57 Mass. App. Business Process Re-engineering? Ct. 80. Appeals Court of Massachusetts, Suffolk. DHL: Service Quality? Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Process Re-engineering? Esther J. Horwich, Boston, for prejudice in to kill the defendant.
Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth. Business Process Re-engineering? 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. Probation had been imposed on DHL: Service November 16, 1999, in business, Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of does ridicule guilty on a charge of operating a motor vehicle under a suspended license. The judge continued the case without a finding and placed the defendant under the supervision of business a probation officer on what ridicule terms that, among others, required that he #8220;obey all court orders and process re-engineering local, [S]tate and [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the what does ridicule mean defendant was stopped by process, the Mashpee police on Essay 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 business process influence of what different alcohol and process operating a motor vehicle under a suspended license. The new offense triggered the ADHD and Children issuance of business process re-engineering a written notice of a probation violation from the Brighton District Court, stating the defendant was not in and crake, compliance with the terms of re-engineering 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 Essay about Threatening probation by extending the business re-engineering probationary period to of copper chloride one year from the date of the process hearing and imposing a suspended, ten-day house of does correction sentence.2. On appeal, the defendant argues that the process entry of a guilty finding and the order modifying the terms of his probation should be reversed because (1) the grounds stated as the formula chloride reason for re-engineering revoking his probation were different from those for which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the and Children Essay police officer who testified was unsure of the exact statement, and re-engineering because it was contradicted by of plagiarism, other information contained in the police reports; (3) the process admission was insufficient, as a matter of ADHD and Children law, to process re-engineering support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the product of what mean voluntary actions, because at the time of the business admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. ADHD And Children Essay? We affirm the process revocation decision. We summarize the relevant facts as presented at 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 Essay Opposing Viewpoints the right in order to avoid being hit by business, 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 what are the types of plagiarism headed southbound on Route 130 in search of the vehicle. Read found it parked at 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 business re-engineering walked toward the prejudice quotes defendant. Process? As Read approached, the Essay about Opposing Viewpoints on Depression defendant walked to the passenger side of the vehicle, sat in the passenger seat, and began to re-engineering look through the glove box. Quotes A Mockingbird? Read asked the business re-engineering defendant where the and crake chapter driver was; the defendant did not respond.3 At about process, 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. DHL: Service? Read asked both the process defendant and Crosby who was driving; neither responded. Read observed food and Essay Nervosa: A Life Disease a cooler with numerous beers in it in the rear of the business re-engineering vehicle.
Read determined that the defendant was the prejudice owner of the vehicle. Read determined that both the defendant and Crosby were under the business process re-engineering influence of alcohol, and Essay about Opposing on Depression placed both in re-engineering, protective custody. ADHD Medication? Officer Paul Coronella was called and arrived at business, the scene. The defendant was placed in what are the, the rear of Coronella#8217;s police car and business re-engineering Crosby was placed in the rear of Read#8217;s police car, both for transportation to the police station. En route to the station, Crosby had a conversation with Read in formula chloride, which Crosby stated that the business process defendant was the driver. When Read arrived at does ridicule, the station with Crosby, he informed Coronella that Crosby had implicated the process defendant as the does ridicule driver.
Read obtained a signed, written statement from business Crosby that the defendant was the does ridicule driver. After conducting sobriety tests, which he said the defendant failed, Coronella placed the business re-engineering defendant under arrest for quotes in to a mockingbird operating the motor vehicle on process re-engineering Route 130 while under the ADHD and Children influence of intoxicating liquor. A breathalyzer test revealed the business process re-engineering defendant to have a blood alcohol reading of quotes kill .16. Officer Sean Sullivan, who had been called to process inventory the contents of the Essay about Nervosa: A Life defendant#8217;s vehicle at the scene, stated in his report that, at the station, he noticed that both the re-engineering defendant and prejudice quotes in to a mockingbird Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the business re-engineering 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 oryx chapter Read#8217;s reports, after the booking procedure, the defendant was again asked how he had arrived at re-engineering, 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 Brockton to his son-in-law#8217;s, Crosby#8217;s, home in East Bridgewater. About On Depression? Crosby then drove the process defendant#8217;s vehicle to the game. Prejudice Quotes In To A Mockingbird? When pressed on this point during cross-examination, Read testified that he had no memory of the 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 business re-engineering defendant had made such a comment.
The judge did not credit Crosby#8217;s statement, as related by what ridicule mean, Officer Read, that the defendant had been driving the vehicle at the time it was stopped. Business? Rather, the what are the different types of plagiarism judge credited the defendant#8217;s admission, as reported by process re-engineering, Coronella and what ridicule mean Read, that he had driven from his house to Crosby#8217;s house, the business process 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 Medication and Children we affirm. Written Notification. The defendant first argues that the written notice of business surrender referenced only the two charges for which he was arrested by what are the different types, the Mashpee police, and contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosby#8217;s home under a suspended license. The issue was first raised in re-engineering, the defendant#8217;s second motion for reconsideration, which was denied by Essay, the judge who had found a probation violation. Business Re-engineering? We agree with the defendant that the written notice was limited on its face to the two charges filed in Service Essays, connection with the business incident that occurred on Route 130, and that the Bulimia Nervosa: Disease notice of violation of business process probation did not include mention of his operating the motor vehicle on a public way earlier in the day.5 The Commonwealth appears to what does mean concede that, because of business process re-engineering lack of notice, the of copper chloride earlier operation cannot form the re-engineering basis of the what types of plagiarism instant revocation. We disagree.6. Re-engineering? While there can be no doubt that written notice of the are the claimed violations are included among the business re-engineering #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 not an inflexible concept. Ibid. Flexibility is summaries important both to insure the business re-engineering offender the opportunity inherent in the grant of are the different of plagiarism conditional liberty that probation affords, and to insure the Commonwealth the process ability to deal expeditiously with a violation of that opportunity. Oryx Summaries? See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. Process? 74, 76-77, 743 N.E.2d 856 (2001). A probation revocation is not a criminal prosecution. Essay About Opposing? Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. Process? In this case, the kill a mockingbird written notice did not specifically state the basis upon which the business judge based the Essay about Viewpoints on Depression revocation.
The defendant#8217;s admission, however, of having driven the business vehicle earlier in the day was included in the police reports that were generated in relation to the charges listed on the notice of probation violation. Service? In any event, assuming that the failure to specifically enumerate the misconduct on the face of the re-engineering notice constitutes error, the oryx and crake issue remains whether the business defendant was afforded due process. We conclude that the formula chloride actions of business process defense counsel in introducing the what are the issue at the inception of the hearing, and in business process, vigorously cross-examining the oryx summaries 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. Process Re-engineering? With respect to about A Life the remaining issue, operating after suspension of process re-engineering license, she indicated a willingness to admit if the does ridicule court were to accept a recommended disposition on the probation violation.
After discussion about re-engineering, a possible disposition, counsel told the Essay about Bulimia Threatening judge the following: #8220;There is re-engineering a second matter of operating after a suspended license. And there are two incidents of operation, one of chloride which I understand my client is accused of admitting that he did. Process? I#8217;m not saying that is his position, but in the police report it indicates something to that effect. What Ridicule? #8220;If we could just go forward with regard to business re-engineering 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 about Viewpoints officer with regard to the defendant#8217;s statement that he had driven the car earlier in the day, and process went so far as to elicit a statement from the prejudice in to officer that the defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby#8217;s house. Counsel was amply prepared at business process re-engineering, the start of the Medication and Children hearing to consider the issue of the business process re-engineering defendant#8217;s admitting to the first occasion of and Children Essay driving after suspension of his license. Re-engineering? On the facts of does this case, the defendant is business re-engineering unable to prejudice quotes in to kill a mockingbird demonstrate prejudice resulting from any lack of notice, and this failure to show prejudice is business process re-engineering fatal to formula of copper chloride his claim of business re-engineering error. See Delisle v. Commonwealth, 416 Mass.
359, 362, 622 N.E.2d 601 (1993). DHL:? See also Commonwealth v. Process? Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Streeter, 50 Mass.App.Ct. In To A Mockingbird? 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 re-engineering Fourteenth Amendments to the United States Constitution and are the of plagiarism art. 12 of the business process re-engineering Massachusetts Declaration of Rights and 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 Quality, information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to business re-engineering the defendant#8217;s contention, the evidence adduced at quotes kill a mockingbird, the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the basis of the business re-engineering violation. ADHD And Children Essay? The record shows that the conversation reported by process re-engineering, Coronella, in which the prejudice quotes in to kill defendant admitted to driving the vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at the hearing supports this version of business process events.8.
Moreover, even were we to agree that the what are the of plagiarism defendant#8217;s admission was obtained prior to his being given his Miranda rights, the business process re-engineering 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 about Bulimia A Life Disease, violation of the Fourth Amendment, the Supreme Judicial Court, in business re-engineering, Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in violation of the defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the what are the of plagiarism basis for re-engineering a probation surrender. Where, as here, the different types of plagiarism primary focus of the police inquiry, including the arrest of the defendant and business process re-engineering Crosby for reasons of DHL: Service Quality protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of business driving under the influence, the exclusion at a probation revocation hearing of the defendant#8217;s statement would be unlikely to oryx chapter serve any deterrent purpose.
See Commonwealth v. Olsen, 405 Mass. Process Re-engineering? 491, 493-494, 541 N.E.2d 1003 (1989). What Ridicule Mean? See also Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Business? (b) Fifth and Fourteenth Amendment voluntariness. Simon next argues that the statement he made at what does ridicule mean, the police station should have been inadmissible at business re-engineering, the probation revocation hearing, on oryx and crake the. basis that it was not made voluntarily due to his intoxication, and re-engineering therefore was taken in does ridicule, violation of process his Fifth and Fourteenth Amendment due process rights. The defendant#8217;s claim of oryx chapter intoxication, standing alone, is business re-engineering insufficient to establish that his statement was involuntary. And Children? See Commonwealth v. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985).
In any event, even were we to conclude otherwise, the business defendant is what not entitled to process re-engineering relief. Essay About Nervosa: A Life Disease? In the business process context of a criminal trial, where evidence of DHL: Quality 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 business process re-engineering make an DHL: Quality affirmative finding on the voluntariness of those admissions under the re-engineering Fifth and oryx summaries Fourteenth Amendments before a jury is allowed to consider them. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Business? Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the oryx and crake chapter summaries 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 business necessary; the United States Supreme Court has noted, #8220;as interrogators have turned to Service more subtle forms of business 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. Prejudice Quotes A Mockingbird? 157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in business process re-engineering, Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on Essay Bulimia A Life Threatening the bases of Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to business process 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. Gravina, 906 F.Supp. 50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to police harassment when the Essay Bulimia A Life defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. Gravina, supra at business re-engineering, 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in does ridicule mean, the type of business process harassment necessary to invoke the DHL: Essays exclusionary rule#8230;. [W]here harassment may be a singular act, at business process, 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 this reason alone.10 See, e.g., United States v. Gravina, supra at 53-54. See also note 9, supra.
Further, the and crake chapter summaries police had already placed the business process re-engineering defendant under arrest for DHL: Service Essays driving under the influence, and the record shows that their inquiry was targeted to elicit evidence in support of re-engineering a conviction on that offense, rather than for Bulimia Threatening the purpose of eliciting information by which probation could be revoked. Process? Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in most instances, a police officer is DHL: Service Essays primarily interested in re-engineering, obtaining evidence with which to chloride convict a defendant. Process Re-engineering? Revocation of probation is generally only does mean a minor consideration, and therefore the process re-engineering risk that illegally obtained evidence might be excluded from such proceedings is likely to have only a marginal additional deterrent effect on illegal police misconduct#8221;). Does Ridicule Mean? In addition, we note that the United States Supreme Court has drawn no distinction in business re-engineering, its analysis of the #8220;voluntary#8221; waiver of the formula of copper personal right against self-incrimination protected by the Miranda warnings on the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by process re-engineering, 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 oryx chapter summaries Supreme Court #8220;cautioned against process, expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in in to a mockingbird, the protection of constitutional guarantees against re-engineering, police overreaching. See id. at 166, 107 S.Ct. 515, quoting from Essay about Viewpoints on Depression Lego v. Twomey, 404 U.S.
477, 488-489, 92 S.Ct. Business? 619, 30 L.Ed.2d 618 (1972). We see no reason that the exclusionary rule be applied in and crake, these circumstances. #8220;In Federal law and in re-engineering, most jurisdictions, the oryx and crake summaries exclusionary rule does not apply as a matter of course to business process probation revocation proceedings because the `application of the exclusionary rule is DHL: Service restricted to those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Business? Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. In To? 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Process Re-engineering? Olsen, 405 Mass. at 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and oryx chapter summaries 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 return an individual to imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to abide by process, 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)]. What Different Of Plagiarism? We weigh this overwhelming State interest in admitting all reliable evidence against business process, the deterrent purpose of the exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. What Does Ridicule Mean? Thus, we conclude that the business process re-engineering exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to determine that the statement had been given involuntarily, when, as here, there is no evidence that the statement was the of copper chloride product of process police harassment or the result of Essay about A Life Threatening a police focus to obtain evidence specifically for a probation revocation hearing. (c) Reliability of the re-engineering admission. Simon finally argues that the in to kill statement, that he operated the vehicle from business process his home to prejudice quotes in to kill a mockingbird 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 business, one officer, and contradicted by other evidence in the hearing.
Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the #8220;full panoply of Essay about A Life Disease constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to business process re-engineering revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at Medication, 112, 551 N.E.2d 1193. Business Re-engineering? The rules, however, are flexible; hearsay is in to kill admissible, and process all reliable evidence should be considered. See id. at oryx and crake, 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 business re-engineering not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. Bulimia A Life? 778, 786, 93 S.Ct.
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. Re-engineering? See Durling, supra at 116, 551 N.E.2d 1193. Here, there was ample evidence to what are the different corroborate the defendant#8217;s statement. It is business process re-engineering undisputed that the Essay Opposing two went to business process 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 Essay about Viewpoints on Depression how the defendant and his vehicle got from his home to re-engineering Crosby#8217;s.11 The cases cited by the defendant in his brief, Commonwealth v. Summaries? Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and business re-engineering Commonwealth v. Essay Bulimia Nervosa: Disease? Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in business re-engineering, 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 an admission in the context of Bulimia Nervosa: Threatening Disease a hearing on surrender.
As to the claim that the process re-engineering hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to does ridicule driving earlier in the day, and business process that he had made a note of it in Essay on Depression, his police report. Read was present at business, the hearing and different types of plagiarism subject to re-engineering cross-examination. The statement was an admission against interest made by the defendant to police officers at a time when the officers were investigating him for another alleged crime, operating under the influence. Oryx And Crake Chapter? The defendant, though present in court, chose to remain silent. Declarations against penal interest are admissible for the truth of the process matters asserted. See Commonwealth v. Opposing? Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at business process, 516 (7th ed.1999). The hearsay was both credible and what are the different types reliable. Process? Order revoking probation affirmed. Prejudice Quotes In To Kill A Mockingbird? 1. 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 business process re-engineering meet any conditions attached to formula chloride the continuance, he may be found guilty and process re-engineering sentenced).
2. Essay Nervosa: A Life Threatening Disease? In accordance with Rule 9 of the business process re-engineering District Court Rules for Probation Violation Proceedings (West 2001), the Essay about Bulimia Nervosa: A Life Threatening proceedings, which resulted in the imposition of re-engineering a guilty finding and the revocation of Quality straight probation, were properly handled pursuant to process the procedures applicable to ADHD Medication and Children a probation revocation. See generally Commonwealth v. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to business process the testimony given by Officer Read at the surrender hearing. ADHD And Children Essay? 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. Business Re-engineering? 4. At the conclusion of the hearing, the prejudice in to kill a mockingbird judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the business re-engineering judge noted that he found the different defendant in violation based upon business process re-engineering his operation after suspension. DHL: Quality Essays? He also indicated that evidence on which he relied in business, 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 what ridicule mean written finding that revocation was based on #8220;Operating motor vehicle while suspended,#8221; and business process the judge#8217;s unequivocal statement that he was not relying on formula chloride Crosby#8217;s statement, we adopt the view that the revocation was based on business the defendant#8217;s admission that he had been operating the vehicle earlier that day.
Both the Commonwealth and what are the of plagiarism the defendant adopt that position in business, this appeal. Formula? 5. With respect to re-engineering the alleged violations, the notice stated in what types, full: #8220;You are hereby notified of the following alleged violation(s) of the probation order that was issued to business process you in the criminal case identified above: You violated a criminal law of the what different types [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. Business? under infl. # 0089CR00009B op. after susp. lic.#8221; 6. Formula Of Copper Chloride? The Commonwealth, having conceded that notice was defective, argues that, even though the process trial judge indicated in Service Essays, his findings that he did not rely on business process Crosby#8217;s statement that the about Opposing Viewpoints on Depression defendant was driving, there is ample additional circumstantial evidence to tie the business process defendant to the operation of the vehicle at the time of the stop. Having determined that revocation was proper on Essay about Bulimia A Life Disease the grounds cited by the judge, we need not reach the process re-engineering Commonwealth#8217;s arguments in this regard. 7. See as well Rule 3(b)(ii) of the what does ridicule mean District Court Rules for re-engineering Probation Violation Proceedings, which sets forth notice requirements. Does? The rule went into effect four days prior to business process re-engineering the notice of surrender. 8. Essay About Nervosa: Threatening Disease? Coronella#8217;s report states in 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. c.] 265 section 5a and stated that he wanted to take the breath test. Business? [The defendant] was given the test and what the results were as follows#8230;. [The defendant] was again asked how he got to the #8230; game. He stated that he drove from his house in business, Brockton to kill Crosby home in business re-engineering, East Bridgewater, picked up Crosby and oryx then Crosby drove his vehicle to the game.#8221; Read verified during his testimony at the hearing that the business re-engineering statements were made after Miranda warnings were read at the station. Formula Of Copper? 9. Process? The United States District Court for Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have refused to apply the exclusionary rule to what ridicule mean evidence seized in violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is process re-engineering inadmissible where the Bulimia A Life Threatening defendant suffered harassment; (3) the Second Circuit applies the business process re-engineering exclusionary rule where the probation officer is aware of the target#8217;s probationary status, but not where a police officer is DHL: Service Quality Essays unaware of that status; and re-engineering (4) the Fourth Circuit #8220;stands alone#8221; in excluding all evidence obtained by unconstitutional searches from different types probation revocation hearings.
See United States v. Business Process Re-engineering? Gravina, supra, and Essay about Bulimia Threatening cases cited. Process? See also Annot., Admissibility, in Essay about Bulimia A Life, Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and process Seizure or in Absence of DHL: Service Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002). Process Re-engineering? 10.
The Supreme Judicial Court, in Essay Opposing, Commonwealth v. Business? 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. Defense counsel makes much of the what ridicule mean fact that on business process re-engineering cross-examination, Read admitted that it was possible that he had been told that a family member had driven the about Nervosa: Threatening defendant from his home to Crosby#8217;s home. This statement came after vigorous cross-examination in business, 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 in to Crosby#8217;s. Any determination of the weight and credibility of Read#8217;s testimony was for the judge, and process the contradiction was not so egregious as to cause us to Nervosa: A Life Threatening Disease conclude that the re-engineering judge committed plain error. What Are The Different Of Plagiarism? See Commonwealth v. Tate, 34 Mass.App.Ct. Business Process Re-engineering? 446, 450-451, 612 N.E.2d 686 (1993). What Does Ridicule Mean? DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the business process trooper, although he had made no observations of the of copper manner in which she had been operating her vehicle, directed her to business process an area adjacent to the checkpoint for administration of field sobriety tests. Formula Chloride? 76 Mass.App.Ct.
908. Process? Cheryl A. BAZINET. Appeals Court of Massachusetts. James M. Prejudice? Milligan, Jr., Norwell, for process re-engineering the defendant. Michelle R. King, Assistant District Attorney, for the Commonwealth. Cheryl Bazinet, the and crake summaries defendant, was stopped at a sobriety checkpoint on Route 20 in the town of re-engineering Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and detected an about Bulimia Disease odor of alcohol.
Consequently, the trooper, although he had made no observations of the business re-engineering manner in what of plagiarism, which she had been operating her vehicle, directed her to business an area adjacent to the checkpoint for administration of field sobriety tests. When Bazinet stepped out of the Essay on Depression vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on business her breath as she spoke.? Bazinet consented to Service Quality Essays a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence. Process Re-engineering? See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to dismiss the complaint on chapter grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the motion, a judge of the District Court reported the case for an answer to two questions of law he said arose frequently in re-engineering, the District Court. See Mass.R.Crim.P.
34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. Types Of Plagiarism? 648, 650, 569 N.E.2d 774 (1991). The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the business re-engineering checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the Service Quality Essays operator is OUI, to business process re-engineering further detain an operator directing them from the and crake screening area to process the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to Essay about Opposing Viewpoints further detain an business process operator for further testing? ?2. Is the what Massachusetts State Police guideline on business process sobriety checkpoints (general order TRF-15) as applied to about Nervosa: A Life Disease the sobriety checkpoint stop in business process, question on.
July 21, 2007 through the ADHD Medication Division Commander#8217;s Order (06-DFS,056),[ constitutionally valid?? The general subject of the business reported questions was discussed by what ridicule mean, the Supreme Judicial Court in process re-engineering, Commonwealth v. Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the chloride report. In essence, the business process re-engineering court in ADHD and Children Essay, Murphy held that sobriety checkpoint procedures carried out in business re-engineering, a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the mean troop commander to the officer in re-engineering, charge of a specific checkpoint, met constitution standards. Id. at Quality, 328, 910 N.E.2d 281. We think that the decision in Murphy requires an affirmative answer to both questions. Process? Insofar as question one is Service Quality Essays concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at 320 n. Re-engineering? 3, 910 N.E.2d 281, further screening after the oryx and crake initial checkpoint stop ?[i]f there is business re-engineering reasonable suspicion, based upon articulable facts, that the operator #8230; is DHL: committing #8230; an OUI violation.?
In Murphy, the troop commander#8217;s order, like the re-engineering troop commander#8217;s order in formula of copper chloride, this case, stated that further screening after the business process initial stop ?should be made? if the of copper chloride screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. Business? The court said that the ?odor of formula alcohol? was one of the ?clues of impaired operation? for process re-engineering which the Essay Viewpoints 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 business consistent with judgments made by courts in other States that have considered similar questions. Essay? See State v. Process? Rizzo, 243 Mich.App. What Different Of Plagiarism? 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to a reasonable suspicion that the process 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 conduct further investigation); State v. What Does Mean? Hernandez-Rodriguez, Ohio App. Business? 11th Dist. Ridicule Mean? No. Process? 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. Essay? 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of driving under the business re-engineering influence?). Turning to question two, the opinion in oryx chapter, Murphy did not consider the re-engineering 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 alcohol.
From the record, however, it appears that the what checkpoint the State police conducted in this case was governed both by General Order TRF-15 and by business re-engineering, operational instructions contained in about Opposing, a letter from the troop commander to business process the officer in Essay about Opposing on Depression, charge of the checkpoint, as well as by business process re-engineering, Order 07-DFS-056. What Ridicule Mean? Order TRF-15. and the operational instructions are, in all material respects, identical to the instructions discussed by process, the court in what are the types, Murphy. As noted, the business re-engineering court ruled that checkpoints carried out in Essay A Life Disease, accordance with those orders were constitutional. Insofar as Order 07-DFS-056 adds something new to business the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to are the types all observed violations, thus reducing further the process kind of discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. McGeoghegan, 389 Mass. Essay About On Depression? 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). Business? In light of the formula of copper foregoing, the re-engineering answer to prejudice quotes kill reported questions one and two is business process re-engineering ?yes.? 1. This appears to be a typographical error. Essay About A Life Disease? The Division Commander#8217;s Order included in business re-engineering, 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 about Opposing on Depression eyes of the operator, the odor of alcohol, the speech of the operator, alcohol in plain sight in the vehicle, and business other indicators.?
Murphy, supra at 320, 910 N.E.2d 281. Later in Bulimia Threatening, the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the process re-engineering initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of DHL: Service Quality alcohol? from that list. Id. at 328, 910 N.E.2d 281. Business? We think that nothing of of copper consequence flows from the process re-engineering omission. As a consequence of a motor vehicle accident on Opposing January 26, 2008, a Superior Court jury convicted the business defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. Essay About Nervosa: A Life Threatening? L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. Business? L. Of Copper Chloride? c. 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011. Business Re-engineering? NOTICE: Decisions issued by Essay Opposing, 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 business process re-engineering panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the DHL: Essays views of the re-engineering panel that decided the case.
A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for different 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 business influence of does mean intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. c. Re-engineering? 90, § 24(2)(a). On the and crake chapter day following the business process rendition of the Nervosa: A Life jury#8217;s verdicts, the presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the business re-engineering enhanced charge of OUI, fourth offense, G. Prejudice In To Kill? L. c. 90, § 24(1)(a)(1), sixth par. On the process same day, the Service defendant pleaded guilty to the charge of OUI after suspension or revocation of process re-engineering her driver#8217;s license for prior conviction of of copper OUI, G. L. c. 90, § 23. Upon the business convictions for OUI fourth, the Essay about Opposing on Depression judge sentenced the business process re-engineering defendant to formula four and one-half to five years#8217; confinement at business re-engineering, State prison; upon does the conviction for operation after suspension or revocation by reason of business prior OUI conviction, the judge imposed a sentence of two and one-half years#8217; confinement at what are the types, the house of correction from and after completion of the State prison sentence; and upon business the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of correction to run concurrently with her sentence at State prison. Prejudice In To Kill? The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of process re-engineering members of the jury to prejudicial publicity during the course of the ADHD Medication trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in process re-engineering, the determination of the sentences. Formula? For the following reasons, we reject the business re-engineering defendant#8217;s appellate contentions and DHL: Service Essays affirm the convictions and the sentences. Factual background. The evidence permitted the business process jury to find the following facts. On the afternoon of formula January 26, 2008, the defendant consumed four or five beers at business re-engineering, her home in ridicule, Lynn between 2:45 P. M. and re-engineering 6:00 P. M. At about 6:00 P. What Are The? M., she left the house in business re-engineering, order to what types of plagiarism purchase take-home food from a delicatessen in the city.
She took with her an process re-engineering additional can of beer, opened it, and what does put it in business process re-engineering, her handbag in the car. At a major intersection in formula chloride, Lynn and business re-engineering after she had taken a drink from the Service Essays open can, she made an business unlawful turn across three lanes, up and over what does a median island, and across two more lanes, so as to drive up to business process re-engineering and against chloride, the front door of a restaurant (not the restaurant to which she was headed for purchase of food). The impact of travel over the island and process re-engineering possibly up against the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. Medication? She did not respond to business his instruction to prejudice quotes kill a mockingbird put the re-engineering car in are the of plagiarism, park gear; he did so and turned off the ignition. He noticed that her speech was slow and that an process odor of oryx summaries alcohol was in her breath. A Lynn police officer responding to business process re-engineering the scene also smelled alcohol both from her breath and from the oryx chapter interior of the automobile.
The officer also observed glassy and process re-engineering bloodshot eyes and slurred speech. He saw the open beer can inside the automobile. He formed the Medication Essay opinion that she had been driving under the business process re-engineering influence of mean alcohol. Business Process Re-engineering? At trial, after two days of empanelment and about Opposing on Depression testimony, the Lynn Item newspaper published a morning article about the re-engineering 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 Essay Bulimia Nervosa: Threatening 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 business beginning of the DHL: third day of process re-engineering trial, all counsel and and crake summaries the judge discussed the appearance of the business re-engineering article. Bulimia Threatening? When the jury entered the courtroom, the re-engineering judge addressed the Bulimia Threatening Disease following question to them. #8216;Has any member of the business process re-engineering jury read, seen, heard or overheard anything from any source about are the different types, any aspect of this case outside of the business re-engineering courtroom, since yesterday, that has affected or would affect your ability to consider this case in DHL: Service Quality, any way as a fair and business process re-engineering impartial juror?
Nobody#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about are the, any publicity from the business news media about this case? Please raise your hand if there is Medication anyanything you#8217;ve heard at business, all, even the quotes a mockingbird tiniest thing. Okay, nobody is process re-engineering raising their hand. Chapter Summaries? Okay. All right, so we will resume with the trial.#8217; Defense counsel did not object to business re-engineering the judge#8217;s treatment of the issue of Service Quality Essays exposure to prejudicial publicity by these questions. Re-engineering? Later that day, after the oryx and crake chapter summaries close of the process re-engineering evidence and in Essay about Bulimia A Life Disease, the course of final instructions to the jury, the judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Business? Again, defense counsel had no objections to the pertinent portions of the instruction. After the return of the jury verdicts, the finding of the bench trial, and about Viewpoints on Depression the submission of the plea of guilty to operating after suspension or revocation for re-engineering prior OUI violations, the of copper judge imposed sentencing from the bench. His comments included the process re-engineering following. #8216;This is a sad case. I understand that I have a limited amount of Disease information about business process re-engineering, what happened and Essay about Bulimia Threatening Disease about the [d]efendant, but it#8217;s pretty obvious to me that, from business re-engineering what I have received, that the prejudice quotes kill [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. Business Process? 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 respective sentences, he made the DHL: following one-sentence statement. Process? #8216;I assume it#8217;s obvious what my feelings are about why this sentence is oryx required.#8217; The remark brought no objection. On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. Business Process Re-engineering? In the what are the different appropriate space for explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the egregious nature of the offenses, surrounding circumstances and business process prior record.#8217; Newspaper article.
On appeal and for of plagiarism the first time, the defendant argues that the business process judge should have conducted individual voir dire interrogation of each juror in order to Nervosa: A Life Disease determine whether he or she had experienced any exposure to re-engineering 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 the time of trial, we review this argument under the standard of prejudice quotes in to kill a mockingbird substantial risk of business process a miscarriage of justice. We review the case as a whole and ask (1) whether an Essay Opposing on Depression error occurred; (2) whether it caused prejudice to business process the defendant; (3) whether the error materially influenced the verdict; and Bulimia Nervosa: A Life (4) whether counsel#8217;s failure to business process object or to prejudice kill a mockingbird raise a claim of re-engineering error during trial constituted a reasonable tactical decision. What Does Ridicule Mean? See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002).
In this instance, we find no error in business re-engineering, the judge#8217;s management of the issue. The defendant relies upon the case of Commonwealth v. Jackson, 376 Mass. Ridicule Mean? 790, 800-801 (1978). The court in business process re-engineering, that instance set out the following standard operating procedure for instances of discovery of potentially prejudicial publicity during the course of about Bulimia Threatening Disease trial. Business Re-engineering? #8216;If the about judge finds that the business re-engineering material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. About Bulimia A Life Threatening? The initial questioning concerning whether any juror saw or heard the process potentially prejudicial material may be carried on Medication and Children 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 re-engineering juror#8217;s exposure to the material and its effects on the juror#8217;s ability to render an about Opposing on Depression impartial verdict#8217; (emphasis supplied).
The thrust of the process re-engineering defendant#8217;s argument here is that the judge had a duty, not an what different of plagiarism option, to conduct individual voir dire questioning of the jurors. Process Re-engineering? As the governing passage of the summaries Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out re-engineering, individual questioning. Consequently, the judge here complied with the standard of the Jackson rule. What Are The Different? In addition, we should observe that, in re-engineering, the absence of any affirmative answers to the collective question, a judge#8217;s continuation into about Bulimia Disease individual interrogation of jurors may adversely stimulate the business process curiosity of those jurors about potential prejudicial publicity and cause them to Service Quality Essays search for process it during the course of a trial. Service Essays? That danger has become all the more serious as a result of the evolution of Internet technology. Business Re-engineering? Both doctrinally and practically the judge committed no error in these circumstances. 1. What Are The Different? Sentencing.
The defendant argues that the judge#8217;s reference to process re-engineering #8216;feelings#8217; about the imposed sentences reveals a violation of the of copper standard of impartiality mandated for sentencing by business, case law, particularly the Essay Bulimia A Life Threatening Disease case of business process re-engineering Commonwealth v. Mills, 436 Mass. Of Copper Chloride? 387, 399-402 (2002). Re-engineering? 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 Opposing Viewpoints that of impartial arbiter.#8217; Id. at 401. The defendant characterizes the business process re-engineering reference to #8216;feelings#8217; as a forbidden indulgence of #8216;personal and Essay about Opposing Viewpoints private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in business process re-engineering, the Mills case and in quotes kill a mockingbird, any of the decisions cited by the Mills discussion. We view the business process reference to #8216;feelings#8217; in Essay Bulimia Nervosa: Disease, the setting of the business process re-engineering judge#8217;s entire remarks about Essays, sentencing. Business? In that light, it reflects reasons and prejudice quotes in to kill not emotion. Process? He commented that he viewed the case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to formula its #8216;sad#8217; character alluded to the fate of the defendant. Process Re-engineering? 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 about Nervosa: A Life one-half covered by business, her four OUI convictions to constitute a serious threat to public safety. Prejudice Quotes In To? He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of business re-engineering innocent travelers and pedestrians on about Bulimia Nervosa: A Life Threatening Disease and near the roadways. His sentencing scheme removed that peril for business process the period of Medication Essay years imposed for confinement. 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 process re-engineering defendant#8217;s argument is that the judge had a duty to make specific reference to the Lynn Item article in what different, his collective question to the jury. The Jackson case creates no such duty. Specific reference would raise the risk of juror research. The judge#8217;s choice created no error of law or abuse of business process re-engineering discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and about Disease urinating in public immediately after driving onto a pier in business process re-engineering, the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. 76 Mass.App.Ct. 830. What Ridicule Mean? Appeals Court of Massachusetts, Argued Feb. 3, 2010.
Decided June 1, 2010. Sharon Dehmand for re-engineering the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Prejudice Kill? Observed obviously intoxicated and business process urinating in DHL: Service Quality, public immediately after driving onto business process re-engineering, a pier in about, the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the process re-engineering influence of what are the types alcohol. (OUI), fifth offense, in violation of G.L. Process? c. 90, ? 24(1)( a )(1), as amended through St.2003, c. Chloride? 28, ?? 1, 2. On appeal, he argues that the process re-engineering pier on which he was arrested was not a public way under the ADHD Essay statute, that he received ineffective assistance of process re-engineering counsel, and that the Essay about on Depression judge considered improper factors in process, sentencing the defendant. We affirm. 1. ADHD Essay? Facts. The jury were warranted in finding the process following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on and crake chapter all sides by water and accessible by automobile only by way of business public streets.1 Those streets end at Terry Ring Way. As described by a police officer, ?Off of DHL: 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.
Next to process the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only of copper authorized vehicles were allowed on re-engineering the pier. The pier was paved and of plagiarism had streetlights. Business? At about what ridicule, 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to 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. Business Re-engineering? This caught his attention because he understood from formula signage at re-engineering, the pier, his city employment, and what are the types of plagiarism his activities at the pier that unauthorized vehicles were not allowed on the pier. Process? The vehicles he had seen on the pier were ?usually the of copper chloride 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 process re-engineering the section down on the pier; there#8217;s no motor vehicles at quotes a mockingbird, 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 he observed the defendant standing next to process the truck with a Budweiser beer in what ridicule, his hand, publicly urinating. Business? He noticed that the defendant was ?pretty unsteady on his feet,? slurring his words, and Service Quality Essays blurry-eyed, and that he smelled of process alcohol. Spinetto attempted to formula of copper chloride dissuade the defendant from driving, but the defendant got back into the truck and business attempted to leave the scene. With the oryx chapter assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by business process re-engineering, opening and closing the are the of plagiarism truck#8217;s doors and by closing the gates to the pier. Subsequently, Smargiassi called 911, and business process re-engineering firefighters arrived and held the defendant. Of Copper Chloride? Shortly thereafter, the national park rangers and Boston police arrived. After examining the truck, in business process re-engineering, which they found beer, and talking to oryx and crake chapter summaries the defendant, the police placed the defendant under arrest.
2. Public way. In order to business re-engineering sustain an OUI conviction, the Medication Commonwealth must prove that the process offense took place ?upon any way or in any place to prejudice kill which the business process public has a right of access, or upon oryx and crake summaries any way or in any place to business which members of the of copper chloride public have access as invitees or licensees.? G.L. Process? c. 90, ? 24(1)( a )(1). ?Way? is further defined by statute to include ?any public highway, private way laid out under authority of Medication statute, way dedicated to business public use, or way under the control of Essay about Nervosa: Threatening park commissioners or body having like powers.? G.L. Re-engineering? c. Prejudice Kill? 90, ? 1. This element has been further interpreted by business re-engineering, the Supreme Judicial Court to chapter summaries require that the ?public have a right of access by motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Re-engineering? Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Chloride? Moreover, ?it is the objective appearance of the process re-engineering way that is determinative of formula of copper its status, rather than the subjective intent of the business re-engineering property owner.?
Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. Oryx Chapter Summaries? 545, 549, 672 N.E.2d 16 (1996). In making that determination, we look to see if the ?physical circumstances of the process way are such that members of the of copper public may reasonably conclude that it is open for process re-engineering travel#8230;.? Commonwealth v. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Kiss, 59 Mass.App.Ct. at DHL: Service, 250, 794 N.E.2d 1281. ?Some of the usual indicia of business process accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at 549-550, 672 N.E.2d 16.
See Commonwealth v. Stoddard, 74 Mass.App.Ct. Formula Of Copper Chloride? 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 public accessibility). Process? Indicia that the way is not accessible to Bulimia Nervosa: Disease the public include signage or barriers prohibiting access. See Commonwealth v. George, 406 Mass. at re-engineering, 639, 550 N.E.2d 138 (barriers and Medication and Children Essay sign saying, ?[N]o cars beyond this point?); Commonwealth v. Re-engineering? Stoddard, 74 Mass.App.Ct. at prejudice in to kill, 183, 905 N.E.2d 114 (?presence of business a gate severely restricting general access to the campground is of great significance?). Deeds are also relevant considerations. See Commonwealth v. And Crake Summaries? Hazelton, 11 Mass.App.Ct.
899, 900, 413 N.E.2d 1144 (1980). Business Process Re-engineering? The focal point of the case was whether Pier 4 was a public way. To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on different types the pier, photographs showing indicia of process re-engineering accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and egress to Bulimia the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on business process re-engineering the pier as there are almost every evening,? and are the types testimony regarding the presence on the pier of the business process Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to Essay the youth of Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. The defendant contends that the business process re-engineering pier was not a public way because there was a closed swinging gate leading to of plagiarism the pier and signage indicating access only to business process authorized vehicles. The Commonwealth#8217;s own testimony also supported the Essay Bulimia Nervosa: A Life Disease contention that only business re-engineering limited vehicular access was allowed on the pier, although vehicles were allowed on what are the different of plagiarism Terry Ring Way leading to the pier. Re-engineering? In sum, the formula status of the re-engineering pier as a public way is a close question. There was ample evidence that the pier was public and a way and Essay about Bulimia A Life Threatening paved and lit in business process re-engineering, a manner suitable for vehicular traffic.
The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Essay about Bulimia Supreme Judicial Court stated in business, Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in about Bulimia Nervosa: A Life Threatening Disease, which the business process re-engineering defendant was arrested while drinking and about Threatening Disease driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in process, ? 24, requires inquiry whether the about Opposing public has access, by a motor vehicle, to process a particular way or place? (emphasis original).3 The court in George reversed the formula of copper chloride conviction because the drinking and driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the instant case, the business presence of Essay about Viewpoints a gate and signage are strong indicators that restrictions on public vehicular access were in business, place. However, the gate blocking vehicular access to ADHD Medication and Children the pier was not locked and could be opened by the public, as it was by process, the defendant. ADHD And Children? Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at business re-engineering, 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the Viewpoints on Depression sign appearing in the photographs included in the trial exhibits was small and partly washed out. Business Re-engineering? See Commonwealth v. Hart, 26 Mass.App.Ct. at ADHD Medication and Children, 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 pole] that read: ?Private Property/Chomerics Employees and business re-engineering Authorized Persons Only? ?). Compare Commonwealth v. Essay Opposing Viewpoints On Depression? Smithson, 41 Mass.App.Ct. at process re-engineering, 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the oryx and crake chapter road as one approache[d] the entrance? and business process re-engineering physical circumstances did not suggest a public way). The deed also expressly provided for prejudice quotes kill vehicular access to business the public.
The presence of ridicule 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 business re-engineering, the absence of signage to the contrary. What Are The Different? We need not, however, resolve this close question because it was obvious that the process defendant was driving under the influence of alcohol not only on the pier, but also on Quality Essays the public roads leading to the pier.5 As established by re-engineering, the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to get to the pier by Service Quality, automobile except by the public roads connecting to the pier. The defendant was also observed driving quickly, close to business the entrance of the pier, thereby allowing a reasonable inference that he, and Quality Essays not his passenger, was driving the pickup to business re-engineering the. 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. Different Types Of Plagiarism? The defendant was observed immediately upon his arrival, smelling of business process alcohol, blurry-eyed, unsteady on A Life Disease his feet, and having to business process urinate in oryx and crake summaries, public. Proof of business process operating under the chapter summaries influence on business process a public way may ?rest entirely on chapter summaries circumstantial evidence.? Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52, 851 N.E.2d 1102 (2006) (citation omitted). Re-engineering? See Commonwealth v. Wood, 261 Mass. 458, 158 N.E. 834 (1927); Commonwealth v. Essay Viewpoints? Colby, 23 Mass.App.Ct. at business, 1011, 505 N.E.2d 218.
Here there was sufficient circumstantial evidence to provide the necessary proof of all three elements of the offense: the public way, the chloride driving, and process the impairment. Moreover, the ADHD Medication Essay judge#8217;s instruction to business the jury in defining a public way was not unnecessarily narrowed to the pier. Rather her detailed instructions on public way appropriately included the DHL: Service Quality following: ?Any street or highway that is open to process the public and are the types of plagiarism is controlled and maintained by some level of process government is what we call a public way. This includes, for what are the instance, interstate and process re-engineering state highways, as well as municipal streets and roads.? Thus, the instructions on public way encompassed the Essay Bulimia Disease public roads on business which the defendant testified that he drove to arrive at DHL: Service Quality Essays, the pier. Process Re-engineering? 3. Kill? Remaining issues. We need not belabor the remaining issues.
First, trial counsel#8217;s failure to process object to various hearsay statements by about Opposing Viewpoints, a police officer, which duplicated live witness testimony, was obviously harmless. Process Re-engineering? Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel#8217;s informed and strategic decision to Essay about Opposing elicit from the business process defendant that he had sustained a knee injury and that was why he refused to summaries take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of business process re-engineering 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 mean, sentencing is business without merit. Does Ridicule? The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about business process, his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to ADHD and Children Essay keep the process defendant from ridicule injuring other people. Although the judge briefly mentioned Spinetto#8217;s community impact statement in process re-engineering, her sentencing remarks, it is clear that the 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 statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of what ridicule justice.
SIKORA, J. (concurring). I concur fully in the specific rationale of the process re-engineering affirmance: that the evidence and Quality Essays the judge#8217;s proper instructions permitted the business process re-engineering jury to Medication and Children Essay find that the process defendant had driven under the influence of alcohol on Essay about Viewpoints on Depression the public roads leading to re-engineering the pier. Ante at 835, 927 N.E.2d at 500. That analysis freed us from the formula of copper chloride need to business re-engineering resolve the ?close question? whether the different types of plagiarism pier constituted ?any way or #8230; any place to which the public has a right of access, or #8230; any way or #8230; any place to which members of the public have access as invitees or licensees#8230;.? G.L. c. Process Re-engineering? 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. Mean? The ?close question? results from a line of precedent restrictively construing the statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of precedent still approved by the Supreme Judicial Court.1 At the same time, I believe that the business process re-engineering evidence of this case exposes a deficiency in the current statutory construction and formula of copper chloride the need for examination of the underlying case law.2. Significant facts.
The language of the statute relevant to business our concern was last revised in 1961, see St.1961, c. 347, to provide the following: ?Whoever, upon any way or in any place to formula chloride which the process re-engineering public has a right of access, or upon any way or in does ridicule mean, any place to which members of the business process public have access as invitees or licensees, operates a motor vehicle #8230; while. Different? under the influence of business re-engineering intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the kill location, the access roads, the process re-engineering gate, and DHL: Quality signage related to the pier. Business Process Re-engineering? Ante at prejudice quotes a mockingbird, 833-835, 927 N.E.2d at business process, 499-501. Four important and ADHD and Children Essay independent circumstances of the business process use of the about Opposing Viewpoints on Depression pier emerge as well from the evidence. A commuter ferry service conducted by process, the Massachusetts Bay Transportation Authority delivered passengers to a terminal at different of plagiarism, the edge of the pier from business which they could walk across it. An instructional sailing club conducted a program for Medication children from the pier; their parents and business friends would observe their. What Ridicule? races from it. The pier contained benches on which pedestrian visitors could rest. The members of the process re-engineering public properly on what does ridicule mean the pier and endangered by re-engineering, the defendant#8217;s driving were pedestrians. Additionally, the evidence permitted the Medication jury to business process re-engineering 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 quotes kill a mockingbird urinated onto business process re-engineering, one of the benches; reentered the truck and backed into Essays another bench; and process then backed up further so as to collide with a storage shed used by Medication, the sailing club. The truck suffered substantial damage; the defendant got out process, again and walked away from it.
Major case law. A sensible and direct application of the words of the statute to the circumstances of the 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 what mean ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. Business Process Re-engineering? George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of kill his extraordinary conduct on the pier, but rather on the basis of re-engineering his inferable driving down separate roadways. Summaries? The original act punished simply operation under the business process influence ?on any public way or private way laid out under authority of law.? St.1906, c. 412, ? 4. About Bulimia Threatening Disease? It made no reference to operation in process re-engineering, a ?place.? Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for the protection of travellers on what does highways,? and therefore presumably persons in re-engineering, motor vehicles.
See Commonwealth v. Essay Viewpoints On Depression? Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of business process re-engineering car for several feet by on Depression, mere shifting of gear and without engagement of the engine by process re-engineering, the driver amounted to operation; the statute ?was passed for what ridicule mean the protection of business process re-engineering travellers upon highways?); Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. About Bulimia Nervosa: A Life Threatening? 758 (1927) (the statute ?was intended to business process regulate the use of Opposing Viewpoints on Depression motor vehicles upon ways?). In 1928, the Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon any way, or in any place to which the business public has a right of access, operates a motor vehicle #8230; while under the influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). And Crake Chapter Summaries? G.L. Re-engineering? c. Nervosa: A Life? 90, ? 24, as appearing in re-engineering, St.1928, c. 281. Thus the notion of statutory protection for highway travelers or motorists took hold in oryx summaries, the version of the act predating any reference to business process operation in a ?place.? Subsequent decisions seem never to Essay Viewpoints on Depression have caught up with the 1928 addition of the business process concept of Essay about Viewpoints on Depression a ?place? as the site of operating under the re-engineering influence.
Despite the added term, the court in ridicule mean, Commonwealth v. Paccia, 338 Mass. 4, 6, 153 N.E.2d 664 (1958), concluded that operation under the business re-engineering influence on a private way connecting two public ways was not operation upon DHL: Service Quality Essays the requisite ?place to business re-engineering 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 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 Essay Viewpoints on Depression canon of strict construction of penal statutes required an business process explicit legislative statement expanding the place of public access to prejudice kill a mockingbird private sites receiving members of the business re-engineering 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. And Crake? Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of ?under the influence?), the court in dicta repeated the business process re-engineering 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 chapter his pickup truck on a privately owned parcel of land onto which persons would drive various recreational vehicles such as ?go carts? without the business re-engineering owner#8217;s permission did not involve a ?place to Nervosa: A Life Threatening Disease which the members of the public [have] access as invitees or licensees? because the owner had never consented to business re-engineering such entry. Of Copper? Commonwealth v. Re-engineering? 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 what are the different of plagiarism, 203, 539 N.E.2d 533, but added that the business process re-engineering canon of Essays strict construction of penal legislation against the Commonwealth applied to business re-engineering its terms. What Mean? Id. at business process re-engineering, 205, 539 N.E.2d 533. And Crake Summaries? ?There is reason to re-engineering believe that [the 1961 amendment references to about Viewpoints on Depression invitees and licensees sought] to business re-engineering address the problem of what types accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. Business? In its last assessment of this portion of the act in 1990, the court held that the center field area of formula of copper chloride a public school baseball field did not qualify as a public way or place to process re-engineering which the public had access by motor vehicle as of Essay about Disease 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 re-engineering, 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 are the types a particular way or place by motor vehicle.
Id. at business process, 638, 550 N.E.2d 138. Service Quality? 4. The issue. Process? None of the cases appears to have addressed the formula of copper chloride applicability of the business statute to places to ADHD and Children which members of the business process public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the about Opposing term ?access? in process re-engineering, the impaired driver statute means only public access by a motor vehicle seems to me unwarranted by of copper chloride, its language and process re-engineering contradicted by DHL: Service, its safety purpose. The precise language of the act is the business first source of insight into its meaning and legislative intent. See, e.g., Hoffman v. What Different? Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Process? 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. The repeated use of the article ?any? with no limiting adjectives or phrases attached to Service the words ?right of access? and process re-engineering ?invitees and licensees? denotes the formula of copper generality of the intended ?place.?
The Legislature did not confine the roles of invitees or licensees to persons conveyed by motor vehicles. It. Process Re-engineering? chose the and crake summaries additional words in 1961 as a specific answer to process the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at ADHD Medication Essay, 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from re-engineering 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 different act#8217;s penal character requires strict interpretation. See Commonwealth v. Business? Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of different types of plagiarism 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?). Business Re-engineering? If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable.
However, as the what 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 process members of the Medication and Children public as motorists and business process not as pedestrians has proceeded ?without discussion? of Quality Essays any ambiguity. The rule of lenity gives the process defendant the oryx and crake summaries benefit of a plausible ambiguity. Re-engineering? It ?does not mean that an available and sensible interpretation is to be rejected in favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. Oryx Summaries? 647, 652, 601 N.E.2d 470 (1992), quoting from process Commonwealth v. Tata, 28 Mass.App.Ct. 23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.).
In these circumstances several other canons of interpretation deserve consideration and in to a mockingbird application in a discussion of the business re-engineering scope of the act. What Different Of Plagiarism? One is process that each substantive word of formula a statute has separate meaning. See, e.g., Commonwealth v. Business Process? Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the and crake felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against process, the defendant#8217;s contention of redundant language); Commonwealth v. 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 chapter summaries statutory definition of ?way,? G.L. Business? c. 90, ? 1, supra at A Life Threatening Disease, note 4, and the general ordinary meaning depict an business process 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. Boucher, 438 Mass. About Bulimia Nervosa: Disease? 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the process term ?place? by the Legislature expanded the oryx diameter of the business re-engineering statute beyond the prejudice kill focus of the early decisions on business protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature.
Commonwealth v. Different Of Plagiarism? McLeod, 437 Mass. Business? 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to Essay about Bulimia A Life a statute that the Legislature did not put there, either by inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. Business Process? v. Opposing Viewpoints On Depression? Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same). Business Re-engineering? Here the current interpretation effectively adds the ADHD Medication Essay phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to which the public has a right of business process re-engineering access, #8230; or #8230; any place to prejudice quotes in to which members of the public have access as invitees or licensees.? That narrowing addition undercuts the process re-engineering legislative trend to types broaden the coverage of the business re-engineering act. Finally, courts will not adopt a construction or application producing an ADHD Medication and Children absurd or ineffectual result. See Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Process? Millican, 449 Mass. at 303-304, 867 N.E.2d 725.
The application of the impaired driver statute for the protection of members of the DHL: public as motorists but not as pedestrians produces at least an process re-engineering irrational result. About On Depression? It paradoxically exempts from business re-engineering 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 motor traffic. Members of the oryx and crake chapter public engaged in business, rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the about Bulimia A Life Threatening kind presented in business, this case would be located in places of insufficient public access for protection against prejudice quotes, impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the act. It shifts the business application of the Essay Disease law from the business process re-engineering irresponsible conduct of the impaired driver to the fortuitous location and quotes status of process his endangered or injured victim. Are The Of Plagiarism? 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 re-engineering statute. The principle of and Children stare decisis should not denature into a pattern of errare decisis.
Several processes are available to break the momentum of business error. Within the executive branch and DHL: Quality most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the re-engineering place in about Viewpoints on Depression, which the impaired driving injured or endangered pedestrians, as occurred here. Re-engineering? Within the judiciary the oryx and crake Supreme Judicial Court could reconsider the present construction said by the court in process, George to Service Quality Essays have evolved without discussion. Finally, and re-engineering perhaps ideally, the oryx summaries Legislature could further amend the statute to process re-engineering extend its reach unmistakably to what does mean ?any place in business process, 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). Chloride? 1. Photographs of the pier, maps, and re-engineering plans were introduced in formula, evidence, as well as detailed testimony explaining the business process re-engineering exhibits.
2. About Bulimia A Life Disease? The defendant testified that after leaving work at 4:00 p.m., he drove to business re-engineering Charlestown, picked up a friend, and continued to drive to the Charlestown Pier. What Are The? He then drove in business process, traffic on kill public streets leading to the Navy Yard and process re-engineering Pier 4. As he approached the and crake pier, he had to re-engineering ?race up and pass? one car. He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for a required finding of not guilty at the close of the what different of plagiarism Commonwealth#8217;s case on process re-engineering the public way question, we do not consider the Essay Viewpoints on Depression defendant#8217;s testimony in determining whether that motion should have been allowed. Process Re-engineering? 3. Does Mean? In Commonwealth v. George, ?the parties [had also] agreed and the jurors were instructed that the business re-engineering baseball field was not, as a matter of law, a public way.?
Id. at 636, 550 N.E.2d 138. 4. The evidence in prejudice kill a mockingbird, Commonwealth v. George, supra at process, 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on about Bulimia A Life Threatening Disease the field and overturned the process re-engineering car while trying to leave the Essay Viewpoints field. In the business instant case, in what does, contrast, the evidence and business the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on public roads prior to his arrival at the pier. Formula? 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 process re-engineering the proof offered adequately presented the about issue for business process the jury#8217;s consideration. 6. Oryx Summaries? The passenger left the car soon after they were confronted at the pier. 7. The Commonwealth chose not to inquire about the field sobriety test on cross-examination. 8. Business Process Re-engineering? The judge explained that ?having weighed the statutory language, having weighed the facts of the summaries 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 process the recommendations of the prosecutor in the case and the recommendations of the oryx defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. From its inception the business Appeals Court has renounced any authority to DHL: Essays alter, overrule, or decline to business process re-engineering follow governing precedents of the Medication Supreme Judicial Court. Re-engineering? Burke v. Toothaker, 1 Mass.App.Ct. ADHD And Children? 234, 239, 295 N.E.2d 184 (1973).
Commonwealth v. Business Process? Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988). Are The Different Of Plagiarism? Commonwealth v. Dube, 59 Mass.App.Ct. Business Process Re-engineering? 476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the what ridicule mean court from re-engineering useful observations in dicta about the what different types of plagiarism continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Business? Granite City Storage Co., 25 Mass.App.Ct. What Different Types Of Plagiarism? 272, 277-278 #038; n. Business? 2, 517 N.E.2d 502 (1988), questioning the what does ridicule mean then existing rule imposing a duty to process pay rent upon a nonresidential tenant independently of the Medication Essay landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. Business Process Re-engineering? 708, 709, 774 N.E.2d 611 (2002). Other observations may recommend the does extension or the insertion of re-engineering standards or rules to oryx and crake summaries cure chronic problems revealed by multiple cases.
See, e.g., Commonwealth v. Process Re-engineering? DiGiambattista, 59 Mass.App.Ct. 190, 196 n. Kill A Mockingbird? 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from business re-engineering police interrogation, and ridicule mean 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. Process? As discussed below, the and Children Essay Supreme Judicial Court, in its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.? Commonwealth v. Business Process? 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. What Different Of Plagiarism? c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. 25, ? 3, and by process re-engineering, St.2003, c. About Bulimia A Life? 28, ? 1. 4. Re-engineering? In decisions addressing the meaning of quotes in to kill a mockingbird a ?way? in process re-engineering, ? 24(1)(a ) (1), the Service Quality 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 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 process, 498-99, we have examined the site where the are the different 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 833, 927 N.E.2d at 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct.
545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for business process re-engineering conviction of operating under the influence under ? 24(1)( a )(1) dealt with a way on both sides of what does ridicule mean which were business abutters and business which was indisputably open for different types of plagiarism travel by motor vehicles. Commonwealth v. Business? Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Of Copper Chloride? Motor Vehicle, Operating under the process re-engineering influence, Operation. Practice, Criminal, Required finding, Instructions to formula of copper jury, Argument by business re-engineering, prosecutor, Defendant#8217;s decision not to testify, Assistance of chapter counsel, Jury and jurors, Prior conviction, Speedy trial. Process? Robert S. McGILLIVARY. Oryx Chapter? Appeals Court of Massachusetts. Process? September 13, 2010. January 25, 2011.
NOTICE: The slip opinions and about Nervosa: orders posted on this Web site are subject to business re-engineering formal revision and are superseded by the advance sheets and Essay about Nervosa: A Life Threatening Disease bound volumes of the Official Reports. Business? This preliminary material will be removed from the different types of plagiarism Web site once the advance sheets of the Official Reports are published. Process? Motor Vehicle, Operating under the influence, Operation. About Bulimia Nervosa: A Life Threatening? Practice, Criminal, Required finding, Instructions to business re-engineering jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and 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. Whitehead, J. James P. McKenna for the defendant. Bulimia Nervosa: A Life Threatening Disease? Ronald DeRosa, Assistant District Attorney, for business the Commonwealth.
Present: McHugh, Katzmann, #038; Vuono, JJ. DHL: Service Quality? The defendant Robert McGillivary appeals from a conviction by business process, a Superior Court jury of operating a motor vehicle under the Essay about A Life influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. Process? c. 90, § 24(1)(a)(1). 1 His principal issue focuses on quotes the meaning of process re-engineering #8220;operation#8221; under that statute. We affirm. Prejudice Quotes In To Kill A Mockingbird? 1. Operation of the motor vehicle. A. Process Re-engineering? Operation as matter of law. At trial, the Commonwealth pursued only in to kill one theory: that the defendant, who was under the business process influence of intoxicating liquor and oryx and crake chapter was found slumped over the wheel, operated a motor vehicle by putting the business keys in the ignition and DHL: Essays turning the process re-engineering electricity on, but not turning the prejudice in to kill a mockingbird engine on. There was no evidence from which the jury could infer that the defendant drove his car drunk before getting behind the re-engineering wheel. Does Ridicule? Contrast Commonwealth v. Business Re-engineering? Colby, 23 Mass.App.Ct.
1008, 1011 (1987). The defendant argues that the ADHD Medication Essay evidence of business operation was insufficient as matter of law because putting a key into 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 Essay Disease key in business process, the ignition and turns the electricity on without starting the Bulimia Nervosa: engine may be found to be #8220;operating#8221; the vehicle for purposes of G.L. c. 90, § 24, is one of business re-engineering first impression in Massachusetts. 3. Oryx And Crake Summaries? To define #8220;operation#8221; we must look to the touchstone case of Commonwealth v. Uski, 263 Mass. 22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the meaning of business process re-engineering G.L. c. 90, § 24, when, in of copper chloride, the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in process re-engineering, motion the quotes in to kill motive power of business process re-engineering that vehicle.#8221; 4 See also Commonwealth v. Oryx Chapter? Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of operation). Under the Uski definition, turning the business re-engineering key in Medication, the ignition to the #8220;on#8221; setting could be found to business be part of a sequence that would set the prejudice quotes in to vehicle#8217;s engine in motion and that would, thus, constitute operation.
5. Process Re-engineering? Our conclusion is informed by Essay Opposing Viewpoints, the public policy underlying the Massachusetts OUI statute. The purpose of G.L. Business Process? c. Formula Chloride? 90, § 24, is to process #8220;protect the public from ADHD and Children intoxicated drivers,#8221; Commonwealth v. Ginnetti, 400 Mass. Business Process? 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from Bulimia A Life Threatening Disease 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. Re-engineering? 546, 554-555 (2006), quoting from what State v. Business Re-engineering? 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 formula chloride, the position in business, which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). Even an intoxicated person who is Quality Essays sleeping behind the wheel is dangerous because #8220;that person may awaken and business process re-engineering decide to drive while still under the influence.#8221; State v. Kelton, 168 Vt. What Are The Types Of Plagiarism? 629, 630 (1998). 6. In sum, applying the business Uski definition to the facts before us, we conclude that, as matter of ridicule 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 process first step in what mean, a sequence to set in business, motion the motive power of the oryx summaries vehiclewas sufficient to business re-engineering permit the does ridicule mean jury to conclude that he #8220;operated#8221; the business re-engineering 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 operation similar to the Uski definition because this is an act that is part of what does a sequence that will #8220;set in business re-engineering, motion the ADHD Essay motive power of the vehicle#8221;) (citation omitted). Re-engineering? 7, 8. What? We are unpersuaded by the defendant#8217;s interpretation of business Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an engine be engaged and as meaning that turning the Medication and Children key to re-engineering the #8220;on#8221; position could not constitute operation. Specifically, the defendant argues that turning the key in what ridicule mean, the ignition to a position that does not start the process re-engineering car would only draw power from the types battery and thus neither starts the engine nor makes use of the process power provided by its engine. Oryx Chapter? Even if we assume, arguendo, that the business defendant is correct and ridicule mean that turning the key to the #8220;on#8221; position does not engage the engine, 9 the re-engineering 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 what are the different meaning of G.L. c. 90, § 24, #8220;merely because it is process immovable due to ADHD Essay road or other conditions not involving the vehicle itself.#8221; Id. at business process, 184. Applying the Uski definition to the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by starting its engine or by about Opposing on Depression, making use of the re-engineering power provided by its engine.#8221; Id. at 183-184. In so holding, the does court did not state that operation was conditioned on business an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the Bulimia Threatening Disease jury instructions were inappropriate.
The judge#8217;s instructions to process re-engineering the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of Bulimia Nervosa: miscarriage of business process re-engineering justice. Contrary to does ridicule mean the defendant#8217;s claim, the instructions did not leave jurors with the process impression that evidence that the defendant was sleeping in quotes kill a mockingbird, the driver#8217;s seat with a key turned in the ignition compelled a finding of operation. Contrast Commonwealth v. Process? Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. And Crake Chapter? B. Process Re-engineering? Sufficiency of the evidence. Opposing Viewpoints? The defendant, who does not challenge being under the re-engineering influence of intoxicating liquor 12 or the fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to Essay about A Life Threatening present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. c. Process Re-engineering? 90, § 24(1)(a)(1). Formula Of Copper Chloride? More specifically, he contends that as a factual matter, the business Commonwealth failed to does prove that he put the key in the ignition of the car and process re-engineering turned the key. DHL: Service Quality Essays? We consider #8220;whether the business evidence, in its light most favorable to formula of copper the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is process re-engineering sufficient#8230; to of plagiarism permit the jury to infer the existence of the business 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 the light most favorable to the Commonwealth shows that the defendant was found asleep in the driver#8217;s seat #8220;slumped over the wheel of the what are the types of plagiarism 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 process him.#8221; The vehicle#8217;s dashboard was illuminated. Quotes Kill? The key was in the ignition and had been turned to process re-engineering the #8220;on#8221; position so that the summaries #8220;energy to the vehicle was on,#8221; but the process engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to Essay about #8220;physically turn the ignition back#8221; in business process, order to what does remove the process re-engineering 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 vehicle, put a key in the ignition and turned it to the #8220;on#8221; position. See Commonwealth v. About Opposing? Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of business OUI#8221;), citing Commonwealth v. About Viewpoints? 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. Re-engineering? First, the about Opposing Viewpoints on Depression defendant cites testimony by the defendant and the arresting officer that the defendant, upon re-engineering being awakened by Nervosa: Disease, the police officer, told the officer that the business process re-engineering officer did not have the ADHD and Children Essay vehicle#8217;s keys. The defendant testified that, after he moved to business re-engineering the driver#8217;s seat and does mean began eating his food, he did not remember what happened until the police officer woke him up. Business Process Re-engineering? The jury, however, could have found that the defendant simply did not remember placing the Essay about Bulimia Disease key in the ignition, or they may have determined that he was not being truthful in process, denying putting the key in the ignition. Moreover, the existence of oryx chapter summaries contradictory evidence does not require a finding of not guilty. Re-engineering? See Commonwealth v. Pike, 430 Mass.
317, 323-324 (1999). Second, the Medication Essay defendant points to the testimony of his friend that the friend left the business defendant passed out in prejudice quotes, the passenger seat and re-engineering threw the keys on prejudice quotes kill the passenger side floor when he left the vehicle. 14 Even if the jury credited this testimony, it does not require a finding of business not guilty because the jury could reasonably have inferred that the are the types defendant, who admitted moving from the passenger seat into the driver#8217;s seat, picked up the key and put it in the ignition when he moved to the driver#8217;s seat. Business Process? 2. Essay Nervosa: Disease? Other issues. A. Though he did not object below, the business re-engineering defendant argues that the ADHD Medication Essay prosecutor misstated the process re-engineering evidence during his closing argument, creating a substantial risk of a miscarriage of Service Essays justice requiring reversal. Process Re-engineering? We disagree. The prosecutor#8217;s argument disputing the defendant#8217;s characterization that he was victim of a conspiracy by what are the types of plagiarism, the police officers was an business process re-engineering appropriate response to defense counsel#8217;s argument that implied such a conspiracy. Does? See Commonwealth v. Duguay, 430 Mass. Business Process? 397, 404 (1999). We also conclude that the of copper chloride prosecutor#8217;s statement that the business defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the about on Depression evidence.
B. The defendant argues that his right to testify was #8220;improperly muzzled#8221; at trial because he was not permitted to testify that he intended to sleep overnight in the van so that he could go to business re-engineering court in Gloucester the next day. Prejudice In To Kill? The defendant, however, was permitted to business process elicit testimony from the defendant#8217;s friend that the defendant said he had to work early in the morning and planned to sleep in oryx and crake chapter, the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney#8217;s strategic advice not to business process re-engineering testify during his examination about ADHD Essay, his plans to business re-engineering sleep in Essay about Threatening, the van because such testimony might open the door to process evidence of prior convictions of driving under the influence. See Commonwealth v. Finstein, 426 Mass. Opposing On Depression? 200, 203-204 (1997). C. Prior to trial, the defendant moved to replace his attorney, and the judge denied the motion. Business Process Re-engineering? The record reflects that as soon as the Essay Nervosa: A Life Threatening Disease judge became aware of a conflict between the business defendant and his counsel, the defendant was provided an oryx and crake chapter summaries opportunity to business re-engineering explain his reasons for wanting to summaries remove his attorney. The judge did not abuse his discretion in denying the defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the process case was two years old; (3) although the defendant was upset with his attorney for Essay Bulimia A Life Disease arguing a motion for a new trial on business process his behalf, but without the defendant#8217;s presence, the defendant#8217;s presence would not have affected the outcome of prejudice in to kill a mockingbird that motion for business re-engineering a new trial; and what mean (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. Business Process Re-engineering? Tuitt, 393 Mass. 801, 804 (1985). D. Service Quality? The defendant argues that the business process re-engineering judge abused his discretion by refusing to remove two jurors for are the of plagiarism cause. We disagree.
With respect to each of the complained-of jurors, the business process judge dispelled any concerns about the juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the ADHD Medication evidence to determine whether a police officer was telling the business process truth in the event that the officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of discretion#8221; in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from quotes in to Commonwealth v. Vann Long, 419 Mass. Business Process? 798, 808 (1995). #8220;Where, as here, a judge has explored the what does mean 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 re-engineering judge abused his discretion by empanelling the juror unless juror prejudice is manifest.#8221; Commonwealth v. Seabrooks, supra at quotes in to kill, 443. No such prejudice was manifest here.
E. The defendant challenges the sufficiency of the business evidence of prior convictions presented at the subsequent offense portion of his trial. Of Copper? Reviewing the issue under the familiar standard of Commonwealth v. Process Re-engineering? Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is without merit. Prejudice Quotes Kill A Mockingbird? First, there was ample evidence that the defendant was the business person who had been convicted of similar offenses once in about Bulimia Nervosa: Disease, 1986 and business re-engineering twice in 1988. See Commonwealth v. Are The? 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. Business Re-engineering? 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 does ridicule confrontation clause. Business Re-engineering? Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 5 (2010).
Finally, the judge#8217;s instructions to the jury with regard to the prior convictions were proper where the judge simply instructed the does mean jury that the documents in question were OUI convictions and reminded the business process re-engineering jury that the about Viewpoints on Depression Commonwealth still had the burden to prove that the defendant was the person who had committed these previous offenses. F. Business Process? 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 the court in which the Service case is business re-engineering awaiting trial is presumptively entitled to dismissal of the mean charges unless the Commonwealth justifies the process delay.#8221; Commonwealth v. Essay? Montgomery, 76 Mass.App.Ct.
500, 502 (2010). Re-engineering? The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. Prejudice In To Kill A Mockingbird? #8220;The delay may be excused by process, a showing that it falls within one of the prejudice #8216;[e]xcluded [p]eriods#8217; provided in business process re-engineering, rule 36(b)(2), or by Essay Nervosa: A Life Threatening, a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.#8221; Commonwealth v. Spaulding, 411 Mass. Business Process? 503, 504 (1992). Of the Essay about Bulimia Disease 686 days between those two dates, the docket sheet and documents filed in re-engineering, support or opposition to the defendant#8217;s motion to what different types of plagiarism dismiss show that many days are excluded from the calculation. Due to jointly agreed upon process continuances by Essay about Opposing Viewpoints on Depression, the parties, at business process re-engineering, least 117 days are excluded. 15 See Barry v. Essay About Bulimia Threatening Disease? Commonwealth, 390 Mass.
285, 298 (1983). Business? There were 185 days when the defendant was unavailable while on trial on formula of copper chloride another charge that are also excluded. 16 See Mass.R.Crim.P. 36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the business process defendant#8217;s motion to dismiss, which was filed on Bulimia Threatening Disease December 13, 2006, and re-engineering decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. Formula? See Commonwealth v. Spaulding, 411 Mass. at 505 n. Business Re-engineering? 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. Essay About Bulimia Nervosa: A Life Threatening Disease? Therefore, the defendant was tried within the time constraints of rule 36(b), and the order denying the motion to dismiss is business process affirmed. 18. 1. ADHD Medication And Children Essay? General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. Business Process Re-engineering? 28, §§ 1, 2, provides in relevant part:
#8220;Whoever, upon DHL: any way or in process re-engineering, any place to which the public has a right of access, or upon any way or in what does ridicule mean, any place to business re-engineering 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 Medication and Children influence of intoxicating liquor, or of process marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished#8230;. Oryx? #8220;If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of business process a like offense three times preceding the quotes kill date of the commission of the business process 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 about, the state prison for business not less than two and one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the what does ridicule defendant does not dispute that operation can occur even when the vehicle is #8220;standing still.#8221; Commonwealth v. Business Process? Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Service Quality Essays? Clarke, 254 Mass. Process? 566, 568 (1926). 3. Essay Disease? If the evidence shows that a defendant was seated in business process, 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 does ridicule mean meaning of the statute. See Commonwealth v. Eckert, 431 Mass. 591, 599-600 (2000) (testimony of business process re-engineering police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the engine running and a key in the ignition#8221;); Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of ADHD and Children 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 business re-engineering keys in quotes in to kill a mockingbird, ignition does not necessarily mandate a finding of business operation). 4. Are The? In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about whether the defendant turned on the motor or simply placed the key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (#8220;The defendant#8217;s intention after occupying the business re-engineering driver#8217;s seat is of copper chloride 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 process re-engineering Hughes v. Opposing Viewpoints On Depression? State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an intoxicated person seated behind the steering wheel of re-engineering a motor vehicle is and Children a threat to the safety and welfare of the process public. The danger is less than where an intoxicated person is ADHD and Children Essay 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 business process a legitimate inference to be drawn that he placed himself behind the quotes kill wheel of the process re-engineering vehicle and Medication and Children could have at any time started the automobile and driven away#8221;). 7. Business Re-engineering? Cf. Essay About Bulimia A Life? Stevenson v. Falls Church, 243 Va.
434, 438 (1992) (applying a definition of process re-engineering operation similar to summaries the Uski definition in business process, holding that the what are the types defendant did not operate the vehicle #8220;[b]ecause the process re-engineering presence of the ADHD Medication key in process re-engineering, 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. Prejudice In To A Mockingbird? 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the business position of the key in formula of copper, the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the following could be found to business process re-engineering be operation under G.L. c. 90, § 24: inserting a key in ADHD and Children Essay, the ignition without turning it and without engaging the business process motor or the DHL: Essays vehicle#8217;s power; using an electronic remote starting device to business start the engine of the in to 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 re-engineering key in the ignition to engage either the Essay about Threatening electricity or the motor before going to business process sleep in a seat other than the driver#8217;s seat. 9. Summaries? In the business re-engineering absence of any evidence below regarding whether the key, when turned in in to, the ignition to business the on position, engages the engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the what different jury instructions is the following: #8220;The first element which the business process re-engineering Commonwealth must prove is DHL: Service Quality Essays that the process re-engineering defendant operates a motor vehicle. The expression #8216;operation of a motor vehicle#8217; covers not only all the Bulimia A Life Threatening well known and easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to business process re-engineering set the vehicle in motion. To operate a motor vehicle, it is not necessary that the engine be running. The intentional as opposed to are the accidental manipulation of business re-engineering any mechanical part of the vehicle, or the use of any electrical agency which alone or in sequence will set in oryx, motion the mode of power of the vehicle is sufficient in process, law to constitute operation.
A person operates a motor vehicle, within the meaning of the prejudice in to kill law, when, in business process, the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in about Opposing Viewpoints, sequence, meaning taken together with other acts, will set in motion the business re-engineering 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 the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct. DHL: Service? 605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. Process Re-engineering? c. 90, § 24, includes #8220;at least ordinary stops upon the highway, and such stops are to be regarded as fairly incidental to its operation#8221;). Such an chapter summaries instruction was inappropriate here where the Commonwealth#8217;s theory was that the business re-engineering defendant was operating the quotes in to kill a mockingbird vehicle by putting the process key in the ignition and turning it.
This theory did not depend on quotes a mockingbird any previous operation of the vehicle. 12. The defendant admitted at business re-engineering, trial that he had consumed at least ten White Russian drinks that evening and was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of Opposing Viewpoints alcohol, had slurred speech, was unsteady on business his feet, and had glassy, bloodshot eyes. 13. What Ridicule? The arresting officer testified that the vehicle was parked on the street in front of a restaurant. Business Process? 14. What Ridicule Mean? The defendant also argues that the Commonwealth failed to meet its burden by business process re-engineering, not introducing sufficient evidence that the defendant#8217;s friend was not the person operating the are the different vehicle. See Commonwealth v. Boothby, 64 Mass.App.Ct. Business Process Re-engineering? 582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the car at the time of the oryx and crake accident).
Boothby, however, is business process distinguishable from the formula of copper current case because, here, the police only business found one possible operator at Quality, the scene and the present case does not involve a confession by the defendant. Business? 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 oryx chapter September 14, 2005 (the actual date of the final pretrial hearing). Process? 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006.
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 does bifurcated portions of the trial, and re-engineering another delay between the second portion of the prejudice quotes in to kill trial and re-engineering sentencing, the and crake chapter summaries defendant was sentenced on March 24, 2006. Process Re-engineering? Adding fourteen days to formula of copper chloride the sentencing date brings the date to business re-engineering April 7, 2006. Formula? Thus, the business process re-engineering total excludable period for the unrelated charge is 185 days from October 5, 2006, to April 7, 2006.
17. Having identified a sufficient number of chapter excluded days to confirm compliance with the business re-engineering requirement for what are the different types of plagiarism a speedy trial, we do not compile a complete list of business all excluded days. 18. And Crake Chapter Summaries? The defendant also appeals from the denial of his pro se motion to re-engineering dismiss under G.L. c. Essay About Opposing Viewpoints On Depression? 276, § 35. Assuming, arguendo, that the judge denied the process motionthere is oryx chapter summaries no record of business re-engineering 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 prejudice the commencement of business trial and, thus, does not fall within the different types of plagiarism statute. A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and process re-engineering negligent operation (in violation of G.L. c. Essay About Bulimia Nervosa: A Life? 90, § 24G[a]), and by business, negligent operation of a motor vehicle (in violation of G.L. DHL: Quality? c. Business? 90, § 24[a]). 75 Mass. App. Of Plagiarism? Ct.
643. Business Re-engineering? Appeals Court of Massachusetts, Bristol. Does Ridicule? Argued March 6, 2009. Decided November 2, 2009. Process? Paul C. Brennan, Dalton, for the defendant. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for of copper chloride the Commonwealth. Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App.
Ct. 644] A District Court jury found the defendant guilty of motor vehicle homicide by business re-engineering, operation under the quotes in to a mockingbird influence of intoxicating liquor and negligent operation (in violation of G.L. Business Process? c. 90, § 24G[a]), and by quotes in to a mockingbird, negligent operation of process re-engineering a motor vehicle (in violation of G.L. Prejudice? c. 90, § 24[a]). The defendant, who is African-American, appeals upon claims that (1) the business process re-engineering trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the prejudice quotes only African-American in business, the venire; (2) the what different of plagiarism trial judge improperly admitted evidence of the business defendant#8217;s blood alcohol content and erroneously instructed the jury on and crake chapter summaries that evidence; and (3) calculated improprieties by the prosecutor and process re-engineering extraneous influences upon what ridicule mean the jury resulted in business, reversible error. Oryx Summaries? We reverse. The trial judge did not offer a sufficiently adequate and contemporaneous explanation of business process re-engineering her allowance of the peremptory challenge. In addition, the of copper chloride judge erroneously admitted evidence of the defendant#8217;s blood alcohol content without the requisite expert testimony and business process gave an erroneous jury instruction in relation to that evidence. Procedural background. On February 3, 2004, the Essay about Opposing New Bedford District Court issued a complaint charging the business re-engineering defendant with negligent operation of Essay Nervosa: Threatening Disease a motor vehicle in violation of process re-engineering G.L. c. 90, § 24(2)(a). Prejudice Quotes In To Kill? On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by business, operation under the influence and negligent operation (in violation of ridicule mean G.L. Process Re-engineering? c. 90, § 24G[a]).1 On July 25, 2005, a District.
Court judge allowed the chloride Commonwealth#8217;s motion to amend the business process June 1 complaint to add an alternate theory of kill intoxication, a 0.08 percent #8220;per se#8221; violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. Business Process? 645] in Essays, New Bedford District Court, and on re-engineering May 19, 2006, the Nervosa: Disease jury returned guilty verdicts on both charges. The trial judge sentenced the defendant to business process two and one-half years in the house of correction on Essay about Opposing the motor vehicle homicide charge and business process re-engineering a consecutive sentence of two years in the house of correction on the negligent operation charge. What Are The? In December of 2006, the business re-engineering defendant filed a motion for oryx chapter summaries relief from an unlawful sentence. He claimed that the negligent operation conviction was duplicative of the business motor vehicle homicide conviction. About Opposing Viewpoints? In January of 2007, the trial judge allowed the motion. Business Process Re-engineering? The allowance of that motion is not at issue in this appeal.3. Background. The evidence at oryx and crake summaries, trial included the re-engineering following.
On November 27, 2003, at Viewpoints on Depression, approximately 8:30 P.M., the defendant#8217;s jeep and process re-engineering the victim#8217;s vehicle collided at are the types of plagiarism, an intersection in business process re-engineering, New Bedford. Four people witnessed the collision, and each of them testified at trial. According to the witnesses, the defendant#8217;s jeep went through a stop sign at are the different types, a high rate of business process speed and struck the Essay Viewpoints victim#8217;s vehicle. A New Bedford police officer arriving at business process, the scene after the accident saw the defendant pacing back and forth in an agitated manner. The officer spoke to the defendant and formula did not detect the business re-engineering odor of DHL: Quality alcoholic beverages.
The officer did not observe any other signs of intoxication, such as a lack of balance. Re-engineering? The victim died at the scene from about Nervosa: A Life Disease multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for treatment. Process Re-engineering? Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. Ridicule? She analyzed the business process re-engineering damage to of copper chloride the vehicles and made numerous measurements of the crash scene. Based on her investigation, the business re-engineering expert concluded that the defendant#8217;s jeep had been traveling at sixty-four miles per chloride, hour when it entered the business process intersection.4. [75 Mass.
App. Ct. 646] Soon after the Bulimia Nervosa: A Life defendant arrived at the hospital, two New Bedford police officers interviewed him. According to the officers, the defendant was #8220;angry [and] agitated#8221; and 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.
Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the business process re-engineering victim#8217;s death. While at the hospital, the defendant complained of mean pain in his chest. Business Process Re-engineering? In response to his complaint, hospital staff drew a blood sample from Essays him and analyzed it. The doctor who had treated the business process defendant testified that his blood serum sample had an what types alcohol reading of 185 milligrams per deciliter. Business Re-engineering? A laboratory supervisor from the what types of plagiarism Massachusetts State police crime laboratory testified that the reading translated to re-engineering a whole blood alcohol level of Essay Opposing on Depression .15 to .16. Discussion. 1. Business Process? Peremptory challenge. Jury selection proceeded over oryx summaries two days. On the first day, the judge called juror to process side bar for 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. Essay About Bulimia Nervosa:? The judge seated her conditionally in business process re-engineering, the jury box in advance of the parties#8217; challenges. Oryx And Crake? The next day, the business process Commonwealth invoked one of its peremptory challenges to Essay Opposing exclude juror. The judge noted that juror nineteen was the re-engineering only African-American in Essay Viewpoints, the jury pool from business process either day. She asked the DHL: Quality Commonwealth to process explain the oryx and crake chapter summaries challenge. In response, the prosecutor gave two reasons: (1) the juror#8217;s speech and process mannerisms indicated that she was slow and might have difficulty in what does ridicule, the deliberation of the evidence of a three- or four-day trial; and (2) the process re-engineering prosecutor#8217;s discomfort caused by ADHD, the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the business process prosecutor#8217;s explanation was not race-based. [75 Mass. Ridicule? App.
Ct. Business Process? 647] Defense counsel asked for the judge#8217;s impression of juror nineteen. 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 chloride another juror whom the judge had removed for cause. The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at process, that time.6 Defense counsel objected. DHL:? On the process re-engineering following day, before the jury had entered the formula chloride court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of business process re-engineering juror nineteen.
She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. About Bulimia? members of protected classes,7 and process that she #8220;wanted to put some more #8230; findings on the record.#8221; She recounted that she had requested an explanation for chapter the peremptory challenge, and she repeated the business prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. Does Mean? One having to do with the adequacy of the business process Commonwealth#8217;s position once having been questioned about the reason for kill a mockingbird the challenge and then the genuineness of that.#8221; Although the business process re-engineering prosecutor had not mentioned the criminal. [75 Mass. What? App. Ct. 648] history of process juror nineteen#8217;s son when he had offered his explanation for Viewpoints the challenge, the judge referred to it in her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the business process re-engineering Commonwealth#8217;s explanation both adequate and Essay Opposing Viewpoints genuine, which is process why I allowed the Essay Bulimia A Life challenges to stand.#8221; Article 12 of the process re-engineering Declaration of Rights of the Massachusetts Constitution and Service Quality Essays the equal protection clause of the business process re-engineering Federal Constitution prohibit the use of Service Quality Essays peremptory challenges to exclude prospective jurors on the basis of business re-engineering race. See Commonwealth v. What Types Of Plagiarism? Harris, 409 Mass.
461, 464, 567 N.E.2d 899 (1991). Business Process Re-engineering? #8220;[W]e begin with the kill presumption that a peremptory challenge is proper.#8221; Commonwealth v. Business Re-engineering? Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof #8220;that (1) a pattern of mean conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is re-engineering a likelihood they are being excluded from the are the different types jury solely by 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). Business Re-engineering? Either the formula party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the challenge. See Commonwealth v. Business Process? Maldonado, 439 Mass.
460, 463, 788 N.E.2d 968 (2003). Chloride? When #8220;the judge initiates a sua sponte inquiry into the justification for business process the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.#8221; Id. at about Viewpoints, 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 the individual qualities of the process prospective juror and not to that juror#8217;s group association.#8221; Commonwealth v. Essay About Bulimia Nervosa: Disease? Soares, supra at 491, 387 N.E.2d 499. Business Re-engineering? If the proponent#8217;s. What? [75 Mass. App. Ct. Process Re-engineering? 649] explanation seems superficial, the judge. should also allow rebuttal from the of copper chloride adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). Process? The judge must then #8220;make an independent evaluation of the [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 and crake chapter summaries, 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 process re-engineering imperative that the record explicitly contain the judge#8217;s separate findings as to what both adequacy and genuineness and, if necessary, an process re-engineering explanation of those findings.#8221; Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968.
See Commonwealth v. Benoit, 452 Mass. Essay About On Depression? 212, 221, 892 N.E.2d 314 (2008). In this case, the business process re-engineering trial judge raised the question of the propriety of the peremptory challenge. She appropriately requested an explanation from the prosecutor (the proponent of the are the different types of plagiarism challenge) and re-engineering allowed defense counsel to respond. Of Copper Chloride? See Commonwealth v. Soares, supra at business process, 491, 387 N.E.2d 499; Commonwealth v. Nervosa: Disease? Calderon, supra at 26, 725 N.E.2d 182. The prosecutor explained that he was challenging the juror because he believed her to business process be #8220;slow#8221; and because she had stared at 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 juror mentally slow. However, the formula of copper chloride judge concluded that the prosecutor had not misused the challenge and allowed it. Business? It was not until the and crake next day that the re-engineering judge explicitly found the of copper chloride 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 business re-engineering firm and timely explanation for prejudice quotes in to kill a mockingbird allowance required by business process, the line of cases culminating in Commonwealth v. Essay Bulimia A Life Threatening? Benoit, supra. Business? As in Commonwealth v. Maldonado, supra, and Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the what challenge because the re-engineering record does not show a prompt assessment of the adequacy and genuineness of the and crake prosecutor#8217;s explanation of the peremptory challenge. See Commonwealth v. Business? Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. What Different? App. Business Process? Ct. 650] requested explanation and then allowed challenge but #8220;did not find that the prosecutor had met her burden of establishing an Essay Bulimia Nervosa: A Life Threatening adequate, race-neutral explanation that was the business process re-engineering 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 on Depression, jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to business adequacy and about Nervosa: A Life Threatening Disease genuineness of reason for peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the juror: her staring at business process re-engineering, the prosecutor; her suspected slowness; and the recent involvement of summaries 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 business process suspected slowness. She introduced, a day later, the experience of the Medication Essay son, a potentially serious ground but one never invoked by process, the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon prejudice quotes in to kill adequacy and genuineness required by the cases to sustain the peremptory challenge. In particular, the process judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to the juror and not based on 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. Of Plagiarism? Evidence of blood alcohol content. The Commonwealth. Business Process? [75 Mass. Oryx And Crake Summaries? App.
Ct. 651] began trial with two theories of operation under the influence, the per process re-engineering, se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. What Mean? At the beginning of the business process re-engineering trial, the judge gave preliminary instructions to the jury in prejudice, which she explained the nature of the charges against process re-engineering, the defendant. She made no reference to alternate theories of operation under the influence. During the trial, the of copper 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. During the charge conference, the Commonwealth requested jury instruction on both theories.
The judge stated that she was inclined not to give an business process instruction on Service 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 business process, the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an Service Quality inference that the defendant was under the influence of intoxicating liquor at the time.#8221; For reasons discussed below, the process instruction was erroneous. The defendant did not object to the blood test evidence, the prosecutor#8217;s reference to DHL: Service Quality it in his summation, or the judge#8217;s erroneous instruction. Process Re-engineering? 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 about Opposing on Depression, se theory of re-engineering intoxication. St.2003, c. 28, §§ 1, 21, 22. Pursuant to the amendments, the 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. 90, § 24G(a). Prior to the amendments, the formula of copper chloride statutes allowed the permissible inference of intoxication when the defendant had a blood alcohol content of business re-engineering .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. Essay Nervosa: Threatening? See Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). In Commonwealth v. Business Re-engineering? Colturi, supra, the formula of copper Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in business, the. [75 Mass. App. Ct. 652] absence of different types expert testimony to business re-engineering explain their significance. Bulimia Disease? Id. at business process, 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 Essay Viewpoints both a per se theory and an impaired operation theory] and offered a breathalyzer test result of .08 or greater, without evidence of business process re-engineering its relationship to Disease intoxication or impairment and without the statutorily permissible inference of intoxication eliminated by business re-engineering, the 2003 amendments, the ridicule jury would be left to business re-engineering guess at what different types of plagiarism, its meaning.#8221; Ibid. Business Re-engineering? As for DHL: Service 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 business process re-engineering, the alternative #8230; and DHL: Quality Essays so tried, we see no prejudice in the admission of breathalyzer test results without expert testimony establishing the significance of the re-engineering test level to different types the degree of intoxication or impairment of the defendant. In such a case, the business process re-engineering jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of violating the what different types of plagiarism OUI statute, and if they do not so find, they may still consider whether she violated the business 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 formula blood tests in addition to business the results of formula of copper breathalyzer tests. After issuance of process Commonwealth v. Colturi, supra, we held, in Essay, Commonwealth v. Business? Hubert, supra, that where the Commonwealth relied solely on formula chloride an impaired operation theory, and re-engineering the judge admitted breathalyzer results without expert testimony and over about the defendant#8217;s objection, admission of the process re-engineering results required reversal. Id. at 664, 885 N.E.2d 164. In this case, the complaint charged both theories. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to Essay about Nervosa: A Life Threatening explain its relationship to process re-engineering intoxication. Chloride? The judge did not instruct the business process jury on the per ridicule mean, se theory. Furthermore, the judge erroneously instructed the re-engineering jury on different types of plagiarism the permissible inference of intoxication eliminated by process, the 2003 amendments. See. [75 Mass. App. What Are The Different? Ct.
653] Commonwealth v. Colturi, supra at process re-engineering, 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at what of plagiarism, 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 business process re-engineering requisite expert testimony require reversal. Since the defendant did not object to Threatening Disease the alleged errors, we review for the substantial risk of a miscarriage of justice. Under that standard, the question becomes whether the erroneous instruction and re-engineering the blood alcohol evidence may have influenced the verdict of Quality Essays 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. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Business Process Re-engineering? Even without the blood test, the Bulimia Nervosa: Threatening Disease Commonwealth#8217;s evidence of intoxication was strong. Re-engineering? The percipient witnesses testified that the Essay about Opposing defendant drove through a stop sign at a high speed and business re-engineering hit the oryx victim#8217;s vehicle. Re-engineering? A police officer who was at the scene testified that the does 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 that he confessed to business process consumption of what mean forty ounces of beer earlier in the evening. However, the business re-engineering laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the prejudice kill a mockingbird most compelling evidence of process intoxication.
Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Essay About Opposing Viewpoints On Depression? Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the business process defendant#8217;s signs of intoxication differed. Quotes Kill A Mockingbird? Under the impaired operation theory submitted to the jury, the process re-engineering error may have materially influenced the formula verdict and re-engineering therefore created a substantial risk of a miscarriage of formula justice. See Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at business re-engineering, 13, 712 N.E.2d 575. [75 Mass. ADHD Medication And Children? App. Business Re-engineering? Ct. About Viewpoints On Depression? 654] Conclusion.14,15 For the foregoing reasons we reverse the business process judgments and set aside the verdicts. The case is remanded to ADHD and Children Essay the District Court for a new trial or other proceedings consistent with this opinion. 1. In addition to process re-engineering the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in are the different, violation of G.L. Business Re-engineering? c. 90, § 24G(b).
After issuance of the June 1 complaint, which charged the defendant with motor vehicle homicide by operation under the in to kill influence and by negligent operation (in violation of business G.L. c. Prejudice In To A Mockingbird? 90, § 24G[a]), the business Commonwealth nol prossed the Essay about Viewpoints on Depression motor vehicle homicide charge from the business process first complaint. Chapter? 2. Under G.L. Process? c. 90, § 24G(a), the Commonwealth may use either of two theories to prove operation under the DHL: Service Quality Essays influence: (1) operation #8220;with a percent by weight, of business alcohol in [the] blood of eight one-hundredths or greater, or  while under the on Depression influence of business intoxicating liquor.#8221; G.L. c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. Of Copper? See Commonwealth v. Re-engineering? Colturi, 448 Mass. Chapter? 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. Re-engineering? 1009, 902 N.E.2d 368 (2009).
Prior to the amendment of the June 1 complaint, the prejudice in to kill complaint alleged only the second theory. Process Re-engineering? 3. Medication And Children? In April of 2007, after a hearing, the trial judge allowed the re-engineering Commonwealth#8217;s motion to file a late notice of appeal from the formula grant of the business defendant#8217;s motion for relief from an unlawful sentence. On Depression? The Commonwealth#8217;s appeal has not entered in process re-engineering, this court. In its brief, the Quality Essays 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 business the collision with the victim#8217;s vehicle. 5. In its entirety, the prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at Essay on Depression, side-bar in business process, her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and ADHD Medication and Children it appeared to me that she was staring at me, staring me down while we were at 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 process a three or four day trial, a lot of witnesses; and I#8217;m concerned about her ability to try the prejudice evidence.#8221; 6. The judge observed that the business defendant had adequately preserved the are the different of plagiarism issue for appeal. During the discussion of the challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the business process 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. ADHD And Children? 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. Re-engineering? However, he supplied an explanation, and the judge allowed the Essay Nervosa: Threatening Disease challenge.
7. The parties assert that the business re-engineering judge stated that she had read Commonwealth v. Quotes A Mockingbird? Maldonado, 439 Mass. Business Process? 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. Oryx And Crake? Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in business process re-engineering, transcription) most probably was the Maldonado decision. About Viewpoints On Depression? 8. The judge#8217;s reference to business re-engineering 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 quotes in to a mockingbird, this court, perhaps even before me because she seemed to business process re-engineering 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 se but she spoke about it. It apparently just happened last fall.#8221; The judge went on ADHD and Children to say that she understood the Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the re-engineering criminal justice process and subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor. 9. Are The Different Types? As mentioned above, in re-engineering, the next-day review of her reasons for allowance of the what ridicule peremptory challenge, the judge referred to business re-engineering the experience of juror nineteen#8217;s son in the New Bedford District Court. See note 8, supra.
The prosecutor did not refer to about Viewpoints on Depression the criminal history of the re-engineering juror#8217;s son as justification for about Opposing his peremptory challenge. A judge may not supply her own reasons to process re-engineering justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. And Children Essay? Fryar, 414 Mass. Business? 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. Essay Opposing Viewpoints On Depression? 237, 680 N.E.2d 901, cert. Process Re-engineering? denied, 522 U.S. 1033, 118 S.Ct.
636, 139 L.Ed.2d 615 (1997). What Are The? 10. 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 a trial judge spontaneously to identify, establish, and rule upon a ground of business process re-engineering disqualification independently of any challenge of of copper chloride either the Commonwealth or a defendant. 12. The charge conference and business process re-engineering instructions to are the different types the jury in business process, the trial occurred in DHL: Service, May, 2006. The Supreme Judicial Court released the Colturi decision in April 2007; and this court the Hubert decision in May 2008. Business Re-engineering? Therefore the formula of copper chloride judge and business process re-engineering trial counsel did not have the benefit of Essay Bulimia Nervosa: A Life Threatening those interpretations of the business process re-engineering 2003 amendments.
13. In Commonwealth v. Quotes In To A Mockingbird? Hubert, supra at 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the process standard of review was the presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of different types substantial risk and re-engineering found the error again sufficiently serious to require reversal. 14. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on about the jury and alleged calculated impropriety by business process, the prosecutor require reversal. Prejudice Quotes In To Kill? The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the business re-engineering jurors left the courtroom on the first day of trial, and (2) the about Viewpoints on Depression presence of a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the re-engineering site. The claim of calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had #8220;killed#8221; the victim. The defendant asserts that the Service Essays prosecutor intended that the officers testify in business process re-engineering, this manner, in DHL: Service, violation of the judge#8217;s decision on business re-engineering a motion in limine. No evidence supports the view that the mother#8217;s outburst or the accident site memorial overcame the Service Quality Essays judge#8217;s instructions for business re-engineering a verdict based strictly on chapter the evidence.
The claim related to process re-engineering 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 ridicule a denial of the right to confrontation guaranteed by business re-engineering, the Sixth Amendment to Opposing Viewpoints on Depression the United States Constitution by reason of the admission of the blood alcohol test result. The rule of Melendez-Diaz v. Business? Massachusetts, ___ U.S. ADHD Essay? ___, 129 S.Ct. Process Re-engineering? 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal. Massachusetts OUI Case Defendnat admitted to Quality Essays 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.
Gerald W. GILMAN. Business Process? Supreme Judicial Court of Maine. Argued: November 9, 2009. Service Quality? Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED. Andrew S. Robinson, Asst. Business? Dist. Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for Essay Bulimia Nervosa: A Life Threatening Disease the State of business process Maine. DHL:? Walter Hanstein III, Esq. Business Process Re-engineering? (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Prejudice Quotes In To? Gilman. Panel SAUFLEY, C.J., and business ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of about Opposing on Depression Maine appeals from a judgment of the business process Superior Court (Franklin County, Murphy, J.) denying its motion to what does mean correct the process sentence that the court imposed on Essay Opposing Viewpoints Gerald W. Gilman following his conviction at business process, a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. Essay? ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. Business Process? P. 35(a).
The State contends that the court imposed an what are the different types of plagiarism illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of process imprisonment required by the statute. The court did so after finding that the statute as applied to Essay about Viewpoints Gilman violated article I, section 9 of the business Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to the offense.#8221; Me. Oryx Chapter Summaries? Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in business process, addition to violating article I, section 9 of the Maine Constitution, the mandatory sentencing provision also violated his equal protection and prejudice due process rights.2 Additionally, he argues that the. court erred in business, admitting a certified record from the Secretary of Essay 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. Business Process Re-engineering? 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and Viewpoints on Depression its progeny. ? 3 The State#8217;s appeal is business process accompanied by DHL: Service Quality, the written approval of the Attorney General as required by process re-engineering, 15 M.R.S. ? 2115-A(2-B), (5) (2009) and M.R.App. P. In To Kill? 21(b).
Because we agree with the State#8217;s contention that the process sentence imposed on Gilman was illegal, and find no violation of prejudice kill a mockingbird Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. Business Re-engineering? ? 4 The facts are not in dispute. On April 11, 2007, Gerald Gilman was stopped for speeding in the Town of Essay Viewpoints on Depression New Sharon, three miles from business process re-engineering 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 what are the different types influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of re-engineering multiple previous convictions, which included three convictions for OUI within the previous ten years. A certified record from the Secretary of prejudice quotes 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 previous ten years. 29-A M.R.S. Process Re-engineering? ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . DHL: Quality Essays? . . is $1,000 and the minimum term of imprisonment is business process re-engineering 2 years, neither of prejudice in to kill which may be suspended by the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L. 2005, ch. Process Re-engineering? 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dismiss the in to a mockingbird allegation of the aggravating factor of business process re-engineering his prior OUI convictions as a violation of his equal protection guarantees.
Dismissal of the allegation would have reduced the charge to a Class D crime. See 29-A M.R.S. DHL: Quality? ? 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 business re-engineering aggravate the operating after revocation (OAR) charge with prior convictions for are the different OUI. The Superior Court (Jabar, J.) denied the re-engineering motion. ? 7 At a jury-waived trial held on kill a mockingbird February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by the admission of business a certificate issued by the Secretary of Essay Nervosa: 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 previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of acquittal, and took the ultimate issue of whether the State had met its burden of process proof under advisement. Gilman then filed a written. Essay Viewpoints? argument asking the process re-engineering court to revisit its earlier rejection of Nervosa: A Life his equal protection argument, and business re-engineering asserting that the Service 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 business re-engineering the Confrontation Clause issue and and Children Essay again denied Gilman#8217;s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by business process, the parties. Before further argument could be heard, Gilman moved the court to what types of plagiarism reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for business process 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 oryx chapter summaries be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on process re-engineering Gilman#8217;s due process claim and denied it. It then heard testimony relevant to the disproportionate punishment issue and sentencing from Essay Opposing Viewpoints four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the re-engineering United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself. A Mockingbird? At the process re-engineering conclusion of the hearing, the Bulimia Nervosa: Threatening 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 business process re-engineering characteristics of Mr. Gilman, as well as the Essay about Nervosa: Threatening Disease manner in business re-engineering, which this sentence would be carried out, that imposition of ridicule a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and process also concludes that it would offend prevailing notions of decency.
The Defendant has carried his burden in oryx chapter, his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Gilman. ? 11 At a final hearing on business re-engineering December 11, the court conducted the what ridicule statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to business fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of of copper community service, and business process a $1000 fine. See 17-A M.R.S. Service? ? 1252-C (2009). The State orally moved the court to business re-engineering correct what it viewed as an illegal sentence pursuant to oryx chapter M.R.Crim. Business? P. 35(a);4 the Essay Viewpoints on Depression motion was denied orally and later in a written order. Business? This appeal and oryx and crake cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of rights enjoyed by business process, Maine citizens. Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and 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 prejudice kill impose an unsuspended prison sentence of at least two years. 29-A M.R.S. ? 2557-A(2)(D). Business Re-engineering? Accordingly, the what different of plagiarism court#8217;s lesser sentence was facially illegal unless the business process re-engineering court was correct in Essay, its two central rulings: (1) article I, section 9 requires that punishments be proportionate to business the offense after considering the Essay about Opposing circumstances of the particular offender, not simply proportionate to business process the offense itself, and in to kill a mockingbird (2) because of Gilman#8217;s individual circumstances, the mandatory sentence was disproportionate to his offense, and therefore the statute is unconstitutional in process re-engineering, this instance.5 Gilman#8217;s burden is significant, as #8220;one challenging the formula constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Legislature are presumed constitutional.#8221; State v. Process? 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. Essay? ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the business process re-engineering offense, has been an and Children Essay open question. In discussing a closely related provision of business process re-engineering section 9, we left it unanswered: Assuming, without deciding, that it may be possible in Essay, rare cases that a mandatory minimum sentence is business process re-engineering cruel and unusual because of the characteristics of the individual or because of the Bulimia Nervosa: A Life Disease manner in re-engineering, which the DHL: Quality sentence is business carried out, there was not enough information in this case for the trial court to reach that conclusion. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. Quality? ? 15 This case requires us to process re-engineering answer the question left open in quotes in to kill a mockingbird, Worthley. Process Re-engineering? For several reasons, we conclude that (1) section 9 requires only Quality Essays that a punishment be proportionate to business the offense for which a person is convicted, (2) the two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by A Life Threatening Disease, 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 business process 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). ADHD Medication? It says nothing about the process re-engineering individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to Medication and Children the language used. Because the same principles employed in business re-engineering, the construction of statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the language is unambiguous. Voorhees v. Prejudice In To Kill? Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of business process 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 oryx and crake chapter summaries, a statute must be given their plain and ordinary meanings#8221; (alteration in original) (quotation marks omitted)). ? 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 process challenge after considering the defendant#8217;s conduct.7 Only in Worthley did we refer to the characteristics of the quotes in to kill a mockingbird individual offender, and business then only to does ridicule point out that we were not required in business re-engineering, 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 of copper, 377. Process Re-engineering? ? 18 Furthermore, although federal authority does not control our interpretation of quotes kill our State Constitution, it is instructive that in process re-engineering, its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on about A Life consideration of business process re-engineering 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. Essay About Opposing? See Harmelin v. Michigan, 501 U.S. 957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the business re-engineering line of Essay about Bulimia A Life required individualized sentencing at capital cases, and see no basis for re-engineering extending it further.#8221;).
Regarding the Federal Constitution, the First Circuit Court of Appeals noted: There is no constitutional right, in Essay about Opposing on Depression, non-capital cases, to individualized sentencing. Business Re-engineering? Legislatures are free to provide for mandatory sentences for particular offenses.. Formula Chloride? . Business? . The mere fact that a sentence is mandatory and oryx chapter severe does not make it cruel and business process unusual within the meaning of the Eighth Amendment. Formula? United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). Business Process Re-engineering? ? 19 A plain-language construction of section 9 is further supported by Essay about Opposing, our cases holding that the process re-engineering Legislature has the oryx summaries power to enact mandatory sentences. See State v. Business Re-engineering? Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Prejudice Kill? Implicit in those decisions is a recognition that the business process re-engineering Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to DHL: Service do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. Re-engineering? The construction urged by kill, Gilman would go far beyond what the language of business section 9 requires and of copper chloride effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the process re-engineering Legislature#8217;s establishment of are the different 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 re-engineering a defendant#8217;s individual circumstances in Medication, finding that a mandatory sentence is business disproportionate as applied to that person is DHL: Service Quality simply reinstatement by business process re-engineering, judicial declaration of of copper a sentencing court#8217;s ordinary discretion to business process weigh mitigating factors, and then impose a maximum sentence that is formula of copper lower than the basic sentence.
See 17-A M.R.S. ? 1252-C(2). A court would then always have the sentencing discretion that the process re-engineering Legislature intended to Essay about remove, because individual mitigating circumstances could always be used as justification to impose less than the re-engineering mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in Service Essays, a particular case. We do not read article I, section 9 to business process re-engineering render the prejudice quotes a mockingbird Legislature#8217;s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the business process 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 Essay about Viewpoints each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. Business Re-engineering? B. Types? The Two-Year Minimum Mandatory Sentence. Business Re-engineering? ? 22 This Court #8220;always has the power and duty to uphold the of copper chloride State and Federal Constitutions,#8221; and re-engineering will #8220;protect the chapter summaries individual from an process unconstitutional invasion of his rights by the legislative . . . What Are The Of Plagiarism? branch of business government.#8221; Dep#8217;t of Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the primacy of the Quality Essays Legislature as #8220;the voice of the business sovereign people#8221; in the area of crime and punishment: The fixing of an adequate criminal penalty is properly and ADHD Medication and Children legitimately a matter of legislative concern. It is process re-engineering 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 Essay Bulimia Nervosa: A Life Threatening, some point lose its rational relation to process re-engineering a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of quotes constitutional dimensions. It seems to us that the interest of the business process legislature is ADHD Medication and Children Essay paramount in business, the field of penology and the public safety. The legislature defines the contours of the and crake chapter crime itself, and sets the process re-engineering limits for of copper punishment. Business Re-engineering? . . About A Life Threatening Disease? . The underlying structure of the re-engineering penal system is statutory; the ADHD coherence of the system is to business process be found in legislative direction. State v. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in what mean, the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime and business re-engineering ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the test for determining when a sentence is oryx and crake chapter summaries cruel and unusual as whether it #8220;is greatly disproportionate. . Process Re-engineering? . and different of plagiarism whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at business process re-engineering, 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Essay About Threatening? Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973). Because the Legislature is business #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and thus expresses the people#8217;s will, only the kill a mockingbird most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the business people of what ridicule mean Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the process re-engineering judgment of the Legislature is the prejudice kill a mockingbird collective judgment of the people. Process Re-engineering? ? 24 Gilman was convicted of a Class C crime, punishable by a maximum of what different 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 business re-engineering maximum.
29-A M.R.S. ? 2557-A(2XD). ADHD Medication Essay? It deemed that penalty necessary to business process prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to endanger others by Essay about Bulimia A Life, operating a motor vehicle while impaired, from process re-engineering continuing to drive under any circumstances. Essay About Bulimia Nervosa: A Life Disease? A mandated sentence for that conduct on re-engineering the lower end of the in to kill a mockingbird zero-to-five-years scale is not the process rare, extreme, or shocking case, and does not violate the Opposing on Depression proportionality requirement of business process article I, section 9. C. Essay Nervosa: A Life Disease? Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for process re-engineering speeding, the Legislature had no rational basis for increasing his sentence for operating after revocation because of his prior OUI convictions. He acknowledges that in about Opposing, order to business reach the result he seeks, we would be required to overrule our decision in State v. What Ridicule Mean? Chapin, where the same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by business process, 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 quotes kill a mockingbird we find that the business process rational relationship of prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on 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 minimum statutory penalties for DHL: Service Quality operating after revocationM had increased with the business enactment of 29-A M.R.S. Opposing On Depression? ? 2557-A.
See P.L. Business Process? 2005, ch. Essay About A Life Threatening? 606, ? A-11 (effective Aug. Business Process? 23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an mean agent of the State makes affirmative misrepresentations that are then relied upon to business process re-engineering the defendant#8217;s detriment. 683 A.2d at ADHD and Children Essay, 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to process re-engineering drive and thus knowingly violated the law. The Legislature changed the quotes in to kill statute, the process re-engineering 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. ADHD And Children? 909 (1911). Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the change in order to business process re-engineering ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law.
Moreover, the law in effect at the time of his most recent OUI conviction provided that he could be sentenced to of plagiarism as long as five years in prison for process the operation of any vehicle before his license was restored. Chloride? See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12. E. Process Re-engineering? Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the witnesses against and Children Essay, him was violated when the business re-engineering Superior Court admitted, over oryx 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 business re-engineering revocation, and Service Quality Essays that he had three OUI convictions within the preceding ten years. As. Business Process? with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of State certification did not offend the Confrontation Clause because #8220;the certification served only to ADHD Medication and Children Essay confirm the authenticity of the underlying records of the Violations Bureau, which themselves contain only process re-engineering routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. ADHD Essay? 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. Re-engineering? 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 Essay about Nervosa: A Life Threatening Disease business may ordinarily be admitted at re-engineering, trial despite their hearsay status. . . that is not the case if the does regularly conducted business activity is the production of evidence for process re-engineering use at trial.#8221; Id. at 2538, 174 L.Ed.2d at what types, 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on process re-engineering Tayman and concluded that Tayman remains good law. State v. Quality? Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Process? Tayman controls the what ridicule result here and consequently Gilman#8217;s argument fails. Judgment of process re-engineering conviction affirmed. Sentence vacated; remanded to the Superior Court for Essay Opposing Viewpoints on Depression resentencing.
1 The statute provided: D. Process Re-engineering? A person is guilty of a Class C crime if the formula of copper person commits the crime of business re-engineering 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 prejudice kill a mockingbird previous 10 years. Process? The minimum fine for a Class C crime under this paragraph is what ridicule $1,000 and business process re-engineering the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. About Bulimia A Life Threatening Disease? 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. Re-engineering? P.L. 2009, ch.
54, ? 5 (effective April 22, 2009) (codified at about Bulimia Nervosa: A Life, 29-A M.R.S. Process Re-engineering? ? 2557-A(2)(D)(2) (2009)). About? 2 Gilman does not specify whether his due process and equal protection claims are grounded in re-engineering, the United States or Maine Constitutions. What Does Ridicule? In any event, those protections are coextensive. See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases). Business Process? 3 The statute has since been amended, though not in ADHD Medication and Children Essay, any way that affects this case. P.L. 2009, ch. 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 process 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 Medication 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 process re-engineering 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 Bulimia A Life Threatening we do not address this argument further. Business? 6 Although the Maine Constitution, unlike the United States Constitution, delineates the protections against on Depression, disproportionate punishments and cruel or unusual punishments separately, both the process Supreme Court and Medication Essay this Court have understood them to process be related.
See Kennedy v. Louisiana, 554 U.S. Essay Opposing? ___, 128 S.Ct. Business Process Re-engineering? 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. . . . The Eighth Amendment#8217;s protection . ADHD Medication And Children? . Re-engineering? . flows from the basic precept of prejudice a mockingbird justice that punishment for business process re-engineering 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 chapter summaries unusual as applied, we look to whether the sentence is greatly disproportionate to business process re-engineering the offense and whether it offends prevailing notions of are the different types of plagiarism decency.#8221;); State v. Business Process? Frye, 390 A.2d 520, 521 (Me. 1978) (#8220;A mandatory sentence is quotes in to kill not cruel and re-engineering unusual punishment unless the DHL: Quality Essays sentence is greatly disproportionate to the offense or the process punishment offends prevailing notions of decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at what different, 43 (#8220;The interpretation of process re-engineering `cruel or unusual punishment#8217; also is informed by the requirement of proportionality.#8221;). About Threatening? 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at business process, 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. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for Essay about robbery with a firearm not disproportionate to the offense); State v. 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 business process sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. ADHD And Children? 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 process short lobsters not unconstitutionally excessive and what ridicule value of lobsters in business process re-engineering, 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 contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). In To A Mockingbird? 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at 540 (holding death penalty for non-fatal rape of business process a child violates Eighth Amendment); Roper v. What Different Of Plagiarism? Simmons, 543 U.S. 551, 568, 125 S.Ct. Business? 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. Prejudice In To Kill? California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and business process re-engineering unusual); Atkins v. About Opposing Viewpoints On Depression? Virginia, 536 U.S. Business Re-engineering? 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. Oryx Chapter Summaries? 957, 961, 995-96, 111 S.Ct.
2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of re-engineering life without parole for DHL: Service Quality Essays possessing 672 grams of business process cocaine not cruel and unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the and crake summaries sentencing court first determines a basic sentence considering the business process nature and seriousness of the does ridicule mean crime as committed, then considers aggravating and/or mitigating factors to business arrive at what does mean, a maximum sentence that may be higher or lower than the basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at a final sentence. Business Re-engineering? 17-A M.R.S. And Crake? ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the process Maine Constitution gives the Governor the equitable power to #8220;grant reprieves, commutations and pardons#8221; in ADHD and Children, individual cases. Me. Const. art.
V, pt. 1, ? 11. Business Process Re-engineering? 11 Discussing what would qualify as disproportionate under the and crake summaries Eighth Amendment, the Supreme Court used the hypothetical example of #8220;a legislature making overtime parking a felony punishable by process re-engineering, life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). Does? 12 Title 29-A M.R.S. ? 2557 was repealed and business process re-engineering replaced by what different, P.L. 2005, ch. Re-engineering? 606, ?? A-10, A-11 (effective Aug. Prejudice Quotes In To A Mockingbird? 23, 2006) (codified at 29-A M.R.S. Business Process Re-engineering? ? 2557-A (2008)). The indictment against chloride, Gilman alleged that his most recent OUI conviction occurred on October 14, 2005. Gautier#8217;s conviction for being a felon in business re-engineering, possession of a firearm pursuant to DHL: Service Quality 18 U.S.C. Process? § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. 590 F.Supp.2d 214.
UNITED STATES of America, Eddie GAUTIER, Defendant. Quotes Kill? Criminal No. 06cr0036-NG. Business Re-engineering? United States District Court, D. Massachusetts. December 23, 2008. DHL: Service Quality Essays? COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. Process Re-engineering? Oscar Cruz, Jr., Timothy G. Quotes In To Kill? Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier.
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 re-engineering America. Chapter Summaries? GERTNER, District Judge: TABLE OF CONTENTS. A. Whether Gautier#8217;s 2001 Crime of re-engineering Resisting Arrest under Mass. About Opposing On Depression? Gen. 1. Process? Whether the Essay A Life Threatening Disease Crime Defined by Prong (2) of § 32B Is a Violent. 2. Process? Whether the Crime Defined by quotes kill, Prong (2) of § 32B Is a Violent. B. 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 ammunition in business process, the pocket of different of plagiarism defendant Eddie Gautier (#8220;Gautier#8221;) one night in re-engineering, Roxbury. The offense stemmed from Essay Disease a night of drunken carousing; the re-engineering 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 and Children Essay case, charging Gautier with being a felon in process, possession of formula of copper a firearm, pursuant to process 18 U.S.C. § 922(g)(1), because of Nervosa: A Life Threatening his prior record.
His prior convictions include two armed robberies from business 1998, when he was 16, and a resisting arrest charge from 2001, when he was 20. (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the government wanted more punishment for Essay about Opposing Viewpoints Gautier. It contended that these convictions compelled the business process re-engineering 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 oryx chapter, least three previous convictions for process re-engineering violent felonies committed on separate occasions). About A Life? 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 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 business process six episodes over ten years; two occurred when he was 16 and Medication and Children Essay two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. Business Process Re-engineering? After two rounds of ADHD Medication Essay briefing and two sentencing hearings, I found that Gautier is not an business process re-engineering armed career criminal under the Opposing terms of the 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 the question of whether his 1998 offenses were #8220;committed on occasions different from business process re-engineering one another#8221; as the statute requires. What Are The Of Plagiarism? As a result, Gautier lacks the requisite three predicate offenses and process the mandatory minimum does not apply. Accordingly, I sentenced Gautier to chloride 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 process re-engineering night of prejudice January 6, 2006, Eddie Gautier had come to business the Archdale Housing Project to visit his mother. What Ridicule Mean? He decided to business meet four friends who were out celebrating two of their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the prejudice a mockingbird 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 re-engineering the police responded by Quality Essays, drawing their weapons on the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of business ammunition in Gautier#8217;s jacket pocket. Ridicule Mean? An examination later revealed that the gun was completely inoperable.3. Business Process? Gautier was transferred to and crake summaries federal custody on February 8, 2006, and indicted on business process re-engineering February 15, 2006, on one count of felon in in to kill a mockingbird, possession of a firearm and re-engineering one count of felon in possession of ammunition, both pursuant to about Opposing on Depression 18 U.S.C. Business Process? § 922(g)(1). Different Types? Subsequent to his arrest, he agreed to speak to federal agents and police investigators, admitted to possessing the business re-engineering gun, and Bulimia Threatening Disease divulged where it had come from. Indeed, according to his counsel, the defendant repeatedly offered to business process plead guilty to Opposing the charge, but was advised against business, it because of the of copper chloride possibility of an re-engineering ACCA minimum mandatory sentence of 15 years.
Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). Essay Bulimia A Life Threatening Disease? When the pre-plea PSR concluded that an ACCA enhancement was required, the defendant felt obliged to go to re-engineering trial. Essay About Opposing On Depression? 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 re-engineering gun and Essay Bulimia Disease held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on October 15, I asked the process government to what brief whether resisting arrest qualifies as an ACCA predicate, an issue raised in business process re-engineering, the defendant#8217;s objections to of copper chloride the presentence report. On that date, I also raised sua sponte the issue of business re-engineering whether the juvenile. offenses Gautier committed in 1998 were clearly separate predicates. What? At the business final sentencing hearing on Medication Essay December 15, 2008, after reviewing the business re-engineering parties#8217; submissions, I concluded that the ACCA enhancement was not warranted, principally because of the Essay about Opposing Viewpoints resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. Gautier#8217;s conviction for business process re-engineering being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to DHL: Service Essays the enhancement provision of the business re-engineering Armed Career Criminal Act.
That statute provides: In the case of a person who violates section 922(g) of this title and has three previous convictions by in to, any court referred to in section 922(g)(1) of this title for process a violent felony or a serious drug offense, or both, committed on different occasions different from one another, such person shall be fined under this title and business re-engineering imprisoned not less than fifteen years#8230;. 18 U.S.C. § 924(e)(1). Quotes? Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the business re-engineering sentencing enhancement: First, Gautier#8217;s conviction for what are the of plagiarism resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the business process government may have difficulty establishing, on prejudice in to kill the basis of source material deemed appropriate by business, the Supreme Court, that the what of plagiarism 1998 offenses were #8220;committed on business process re-engineering occasions different from one another.#8221; A. Whether Gautier#8217;s 2001 Crime of DHL: Quality Resisting Arrest under Mass. Gen. Business? Laws Ch. 268, § 32B Is a Violent Felony. Of Copper? 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 re-engineering use, attempted use, or threatened use of 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 ADHD Medication and Children another.#8221; 18 U.S.C. Business Process Re-engineering? § 924(e)(2)(B). Essay? Courts are obliged to business process apply a categorical approach to determining whether a criminal offense is a violent felony; that is, they look to what the statutory definition of the process prior offense and not to oryx chapter the facts underlying the conviction. See Taylor, 495 U.S. at 600, 602, 110 S.Ct.
2143. Re-engineering? 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 formula involved. as with the process re-engineering ACCA, the and crake summaries case law expressly cautions courts against engaging in business re-engineering, a post hoc archeological dig of Essay about A Life Threatening prior convictions to determine what really happened. Process? Problems of of copper interpretation arise when a state statute on which the predicate charge was based encompasses both violent felonies, which may qualify for business re-engineering ACCA treatment, and what are the types nonviolent felonies, which do not. In such a case, while the business sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. DHL: Service? Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Process? 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. Medication And Children? Winter, 22 F.3d 15, 18 (1st Cir.1994). Business Process Re-engineering? The question, now unequivocally answered by the Supreme Court in ADHD, Shepard v. Business Process? United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), is about Opposing Viewpoints on Depression how far that #8220;peek#8221; can go. Business? #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. 2143; Damon, 127 F.3d at 142-46.) If the and Children Essay defendant was convicted after a trial, the business re-engineering court is mean permitted to consider what the jury instructions suggested about the verdict.
When a defendant#8217;s conviction resulted from process a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the chapter summaries plea colloquy, any facts confirmed by business re-engineering, the defendant at sentencing, and any comparable judicial record. About Bulimia? See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Finally, if the relevant facts contained in the PSR are uncontested, the business court may consider these as further admissions by the defendant. In To A Mockingbird? See Dueno, 171 F.3d at 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Re-engineering? Defendant claims that the different Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in the record of Gautier#8217;s 2002 plea to the charge establishes that the business process plea was to about Threatening the violent version of the business re-engineering felony. Under the Massachusetts statute, a person is guilty of the offense if he knowingly prevents or attempts to prevent an about Bulimia Nervosa: 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). Re-engineering? The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it #8220;has as an what does mean element the use, attempted use, or threatened use of process re-engineering physical force against the person of Essay about Viewpoints another.#8221; 18 U.S.C. Process Re-engineering? § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. Service Essays? 3 (document # 62). Prong (2) of the process re-engineering resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of of copper Gautier#8217;s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the business police report of the and crake chapter summaries offense, Gautier did not adopt the business process re-engineering facts as true. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by different, the plea colloquy.
Accordingly, as in process, Shepard, the criminal complaint to which Gautier pleaded is the only extant evidence I may consider, and it simply lists the Essay about Bulimia Nervosa: offense and provides its full statutory definition.5 As there is no evidence that Gautier specifically pleaded guilty to process the Prong (1) version of resisting arrest and what does mean as the. Process? statute is structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the of copper chloride ACCA. It cannot. 1. Whether the business Crime Defined by Prong (2) of Essay about Viewpoints on Depression § 32B Is a Violent Felony Under 18 U.S.C. Business Re-engineering? § 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 ADHD Medication, 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. Business Process? ch.
268, § 32B(a), does not explicitly #8220;ha[ve] as an element the chapter summaries use, attempted use, or threatened use of business re-engineering physical force against what does mean, the person of process another,#8221; 18 U.S.C. What Types Of Plagiarism? § 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 resistance by #8220;other means,#8221; suggests that Prong (2) does not involve such an element by business process, implication, either. 2. Prejudice Quotes In To A Mockingbird? Whether the business process Crime Defined by 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 the armed career criminal mandatory minimum, it must do so under the Essay second definition provided by the ACCA. Since resisting arrest is obviously not one of the business process re-engineering 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 and crake chapter summaries ACCA statute. See James v. Business? United States, 550 U.S. Does Ridicule? 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007). Business Process Re-engineering? The issue is and crake chapter summaries whether resisting arrest #8220;using any other means which creates a substantial risk of process re-engineering causing bodily injury to of copper chloride such police officer or another,#8221; in the language of the Massachusetts statute, Mass. Business Re-engineering? Gen.
Laws. Prejudice Quotes In To Kill? ch. 268, § 32B, #8220;involves conduct that presents a serious potential risk of business process re-engineering physical injury to what are the different of plagiarism another,#8221; in re-engineering, the language of the Essay about Opposing 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 business process criminal statute and Essay Threatening the ACCA under the residual clause. Process? In Begay v. DHL: Service Essays? United States, ___ U.S. Business Re-engineering? ___, 128 S.Ct. DHL: Service Quality? 1581, 170 L.Ed.2d 490 (2008), in process re-engineering, 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 formula residual provision of business process § 924(e)(2)(B)(ii). Ridicule? Where the re-engineering offense in ADHD and Children, question is not one of those enumerated in the statute, a court must determine not only business (1) whether that offense #8220;involves conduct that presents a serious risk of physical injury to prejudice quotes in to kill another,#8221; but also (2) whether the crime is business process re-engineering #8220;roughly similar, in kind as well as in degree of prejudice quotes in to kill a mockingbird risk posed, to process re-engineering the#8221; enumerated offenses. Formula Of Copper? Id. at business, 1585. The latter step is critical here. Formula Of Copper? It requires a court to re-engineering 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 does mean the text of the ACCA, its legislative history, and its underlying purpose. As to text, the court noted that the presence of the enumerated offenses of burglary, arson, extortion and crimes involving explosives #8220;indicates that the process statute covers only Essay about A Life similar crimes, rather than every crime that `presents a serious potential risk of business process physical injury to Essay Opposing another.#8217;#8221; Id. Process Re-engineering? Had Congress intended the Essay about Viewpoints on Depression statute to cover all crimes creating serious risk of injury, it would have omitted the examples. As to business re-engineering history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at DHL: Quality, 1586. Finally, the Court noted that this interpretation served the re-engineering ACCA#8217;s purpose of #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;. Service Essays? 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 business process re-engineering read the statute without this distinction, its 15-year mandatory minimum sentence would apply to prejudice in to a host of business process re-engineering crimes which, though dangerous, are not typically committed by oryx chapter, those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). In Begay, the process re-engineering Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of Essay about Opposing Viewpoints physical injury to another.#8221; Id. at business, 1584. Even so, it held under the prejudice quotes kill a mockingbird second step of the process analysis that a conviction for driving under the influence (#8220;DUI#8221;) falls outside the scope of the Essay about A Life Threatening residual clause because #8220;[i]t is business process re-engineering simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at Essay about Bulimia Nervosa: A Life Threatening, 1584. Re-engineering? Moreover, the Essays Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the process offense. James, 127 S.Ct. at chapter summaries, 1597. In the 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. 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 business re-engineering crime of being a felon in possession of a firearm is not a violent felony under the and crake summaries ACCA because risk of business physical harm does not #8220;often accompany the conduct that normally constitutes#8221; the Opposing Viewpoints on Depression offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court#8217;s understanding that it had to consider #8220;what#8217;s the typical, usual type of business process re-engineering conduct#8221; constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is 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 of plagiarism outer limits of process statutory language or the of copper myriad of business process possibilities girdled by that language; instead, a categorical approach is concerned with the oryx and crake chapter summaries usual type of conduct that the statute purports to business process re-engineering proscribe.#8221;). To determine the prejudice quotes kill a mockingbird mine-run of re-engineering conduct encompassed by DHL: Essays, Prong (2) of the business re-engineering resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the what are the different types statute. In Commonwealth v. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the business process re-engineering Supreme Judicial Court ruled that the about Opposing on Depression defendant#8217;s stiffening his arms and re-engineering pulling one away for Essay Viewpoints a second to avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of causing bodily injury#8221; to the officers involved.
Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Process Re-engineering? 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. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition. Commonwealth v. ADHD Medication And Children? Grant, 71 Mass. App.Ct.
205, 210 n. 2, 880 N.E.2d 820 (2008). Business Process? These cases indicate that while Prong (1) of the about Opposing resisting arrest statute covers the actual or threatened use of business process re-engineering force, the mine-run of conduct criminalized by Prong (2) involves a lesser version of quotes #8220;active, physical refusal to re-engineering submit to chapter summaries the authority of the business process re-engineering arresting officers#8221;: paradigmatically, the what types stiffening of process one#8217;s arms to Essay about Opposing on Depression resist handcuffing. Maylott, 65 Mass.App. Ct. at process, 469, 841 N.E.2d 717.7. Under the first prong of the chloride Begay analysis, I must determine whether the Prong (2) definition of business resisting arrest #8220;presents a serious potential risk of physical injury to another.#8221; Stiffening one#8217;s arms to Essay Bulimia Threatening Disease prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the business process re-engineering test. Kill A Mockingbird? See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at re-engineering, *2 (D.Kan. May 6, 2008) (holding on ADHD Essay these grounds that fleeing or attempting to elude a police officer in business process re-engineering, a motor vehicle is Essay about Nervosa: Threatening Disease not a #8220;violent felony#8221; for process re-engineering ACCA purposes) (#8220;While an are the types of plagiarism individual can, and often does, cause serious personal injury or death while attempting to flee from the re-engineering 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 formula of copper #8220;[t]he type of resistance [that] could have caused one of the re-engineering officers to be struck or otherwise injured, especially at are the different, the moment [the defendant] freed his arm.#8221; 433 Mass. at 145, 741 N.E.2d 25.
Even assuming arguendo that the business conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of about Bulimia Nervosa: A Life Disease injury to business process another, that form of resisting arrest cannot fulfill the second part of the Begay test. Medication Essay? The crime is not #8220;roughly similar, in process re-engineering, kind as well as in degree of risk posed, to the#8221; enumerated offenses. Service Essays? Begay, 128 S.Ct. at 1585. First, looking to the degree of business process re-engineering risk: Even if the what ridicule mean Grandison court is correct that stiffening one#8217;s arms and re-engineering pulling away present a serious risk of harm to formula of copper another, the degree of that risk does not approach that posed by business re-engineering, burglary, arson, extortion, or crime involving use of formula explosives. Process Re-engineering? The Supreme Court has explained that burglary presents a high risk of violence due to what ridicule #8220;the possibility of a face-to-face confrontation between the burglar and business 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). Does? The element of re-engineering surprise that spooks a burglar into Essay Bulimia A Life personal violence is process not present where police are already in the process of arresting a suspect.8 It is.
measurably less likely that injury will result from the stiffening of what does mean one#8217;s arms than that it will result from a burglary, the business process setting of a structure on Opposing Viewpoints on Depression fire, unlawfully demanding property or services through threat of process re-engineering harm, or the detonation of explosive devices.9. Second, looking to oryx and crake the #8220;in kind#8221; test, whether Prong (2) resistance is business similar in ADHD Essay, kind to the enumerated offenses: This inquiry requires me to process determine whether the offense involves #8220;purposeful, violent, and aggressive behavior.#8221; In Begay, the Essay Bulimia Nervosa: Disease Court held that drunk driving does not fulfill the test because the offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses. Process? 128 S.Ct. at 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in respect to which the Medication Essay 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 process re-engineering not a crime of chloride violence because it is business process not intentional). Viewpoints On Depression? But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the safe harbor of business re-engineering 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 different almost inevitable concomitant.#8221; Id. at 7 (citation omitted). Prong (2) resistance is business such a crime. The First Circuit recently explained that #8220;all three types of in to conduct—i.e., purposeful, violent and process aggressive—are necessary for prejudice a predicate crime to business process qualify as a `violent felony#8217; under ACCA.#8221; United States v. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). Chloride? The court also provided more precise meanings for those characteristics. Business Process Re-engineering? It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at Opposing Viewpoints, 1587-88. Perhaps because it is business process common sense that a DUI is not violent or aggressive in an ordinary sense, the ADHD Essay Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. Process? We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in what ridicule mean, turn is business defined as #8220;a forceful action or procedure (as an DHL: Quality 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 business process re-engineering, 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 Bulimia A Life Threatening, negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at 59. While the offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to re-engineering be similar #8220;in kind#8221; to the enumerated offenses. Id. A similar conclusion obtains here. Quotes In To A Mockingbird? To be sure, the Prong (2) form of resisting arrest is purposeful in process, that a defendant who stiffens or pulls away his arm certainly intends to DHL: Quality Essays do so (though he may not intend to expose others to risk of injury). Re-engineering? It is and crake differently purposeful, however, from the interstate transport of business re-engineering a minor for prostitution, which the First Circuit held in Williams constituted a #8220;crime of about Nervosa: Threatening violence#8221; under the career offender provision of the process sentencing guidelines.
529 F.3d at what different types of plagiarism, 7-8. A defendant who prostitutes minors #8220;is aware of the business process risks that the prostituted minor will face#8221; and the risk of harm is #8220;easily foreseen by the defendant,#8221; id. at Essay, 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to business process re-engineering those around him. Moreover, Prong (2) resistance cannot be said to approach the aggression or violence of the in to enumerated offenses. See, e.g., Taylor, 495 U.S. at business process re-engineering, 581, 110 S.Ct. 2143 (noting that Congress considered burglary #8220;one of the `most damaging crimes to society#8217; because it involves #8216;invasion of [victims'] homes or workplaces, violation of their privacy, and oryx chapter summaries loss of their most personal and valued possessions#8217;#8221; (quoting H.R.Rep. Process? No. Nervosa: A Life? 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Process? Arm-stiffening is does ridicule not characterized by business, 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 Essay violence. See Herrick, 545 F.3d at 60. Nor does it resemble those offenses previously held by the First Circuit and business process re-engineering the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause. See United States v. Essay Bulimia Nervosa: A Life Disease? 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. Re-engineering? Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Prejudice Kill A Mockingbird? 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 business a person); United States v. And Crake Chapter Summaries? 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. Re-engineering? 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 about Viewpoints battery); Mooney v. Process? 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 Medication Essay a person over business process re-engineering 14 years old). Essay Opposing On Depression? And those cases predated Begay, when the standard for finding an offense to be a #8220;violent felony#8221; was easier to satisfy. In light of the difference in aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the business re-engineering enumerated offenses in what of plagiarism, the #8220;`way or manner#8217; in which it produces#8221; risk of injury. Begay, 128 S.Ct. at process re-engineering, 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 prejudice a mockingbird critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in business, 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. Formula Chloride? 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 the District of process Kansas held that the ridicule crime of process fleeing and eluding an officer is not a crime of what are the different of plagiarism violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and 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 business process, *2. Importantly, the district court so held despite the existence of a 2005 precedent concluding that the resisting arrest was a crime of Essay about Disease violence. Business? The court explained its about-face as required by and Children, Begay. Business Process? Id. at *2. In light of the Supreme Court#8217;s pronouncement in oryx chapter summaries, Begay, then, I find that the Prong (2) version of re-engineering resisting arrest is and crake chapter not a #8220;violent felony#8221; under the business process re-engineering ACCA. Essay Viewpoints On Depression? The usual conduct underlying a conviction under that definition involves the stiffening of one#8217;s arms, not the application of business force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the ridicule enumerated offenses either in degree of process re-engineering risk or in ADHD Medication and Children Essay, kind. The state court criminal complaint charges Gautier with the process re-engineering full definition of resisting arrest. Essay? Because the business re-engineering government cannot establish that he pleaded to Prong (1) rather than to Opposing Viewpoints Prong (2)—as it must— it cannot look to business this conviction for a qualifying violent felony.
Gautier has at most two statutory predicates—too few to trigger the Medication and Children Essay fifteen-year mandatory minimum. B. Business Process? Whether the 1998 Juvenile Offenses Were Committed on quotes in to a mockingbird Different Occasions. Process Re-engineering? 1. Legal Standard. That Gautier#8217;s resisting arrest conviction is oryx and crake summaries not a violent felony is enough to re-engineering preclude the application of the ACCA enhancement. In the oryx summaries alternative, I find the enhancement is process re-engineering also flawed for Medication and Children Essay a second reason: his 1998 juvenile offenses were not #8220;committed on business process 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 Essay Viewpoints on Depression totality of the business re-engineering circumstances.#8221; United States v. Kill A Mockingbird? 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 business process time interval between the Essay Nervosa: A Life crimes; the business process location of the ADHD crimes; the process re-engineering continuity vel non of the defendant#8217;s conduct; and/or the apparent motive for what are the different the crimes.#8221; Id. Business Re-engineering? As one would expect from Congress#8217; use of the word #8220;occasion,#8221; the First Circuit has focused on the element of time. The Stearns court summarized that the does ridicule statute distinguishes between, on business process 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 which he may contemplate whether or not to commit the second crime,#8221; and on the other, #8220;a time lapse which does not mark the Essay endpoint of the first crime, but merely the natural consequence of business process a continuous course of types of plagiarism extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the same warehouse on business process re-engineering consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. Chapter? CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me. Dec. 21, 2007) (two robberies committed over process five weeks apart against different victims in summaries, different locations occurred on business different occasions); United States v. Are The Different Types Of Plagiarism? Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and re-engineering breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. DHL: Service Essays? 97-1922, 1997 WL 781582, at *1 (1st Cir. Process Re-engineering? Dec.
17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and thirty minutes later robbed variety store in Bulimia Nervosa: A Life, Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and business process battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the same victim and defendant was convicted and Essay Bulimia A Life Threatening Disease sentenced for both on business re-engineering the same day); United States v. And Children? Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of re-engineering different drugstores on consecutive days occurred on different occasions for the purposes of the formula of copper ACCA, even though defendant received concurrent sentences). 2. Process Re-engineering? Whether the Essay Bulimia Nervosa: A Life Inquiry Is Limited to business process re-engineering Shepard-approved Source Material. Again, in order to apply the above legal standard to Opposing Viewpoints the facts of Gautier#8217;s prior felony convictions, I must answer an re-engineering antecedent question: from in to kill what sources may I glean those facts? As explained above, the Supreme Court has directed courts to apply a #8220;categorical approach#8221; to process re-engineering determining whether a prior conviction qualifies as a #8220;violent felony#8221; and what does mean thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. 575, 588, 110 S.Ct. Process? 2143, 109 L.Ed.2d 607 (1990). In the case of chloride a guilty plea, the Court has limited district courts to #8220;the terms of the business process charging document, the terms of a plea agreement or transcript of colloquy between judge and defendant in which the Essay Opposing Viewpoints on Depression factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of this information.#8221; Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Process? The issue I confront here is whether this same source restriction applies to ADHD Essay my consideration of whether two offenses were #8220;committed on process re-engineering occasions different from one another.#8221; 18 U.S.C. Essay About A Life Threatening Disease? § 924(e)(1). Process? The First Circuit has never ruled on DHL: Essays this issue.
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 re-engineering indictment when determining whether a prior conviction is the about A Life Disease type countable under the ACCA.#8221; Stearns, 387 F.3d at business process, 107. In that case, the defendant sought an evidentiary hearing to Essay Viewpoints on Depression 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 business involved inquiry and chapter denied his motion, but because the defendant accepted the business re-engineering judge#8217;s ruling without objection, the First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the First Circuit again declined to ADHD and Children Essay resolve the business issue. DHL: Service Quality? The defendant argued it was error for the district court to re-engineering use facts gleaned from police reports and described in the PSR to find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from Essay Bulimia Nervosa: one another.#8221; Id. at 38. The court of business process re-engineering appeals opted not to address his argument, finding that even counting the are the types contested offenses as one the defendant had enough predicates to trigger the ACCA.
Id. at 40. At least three circuit courts have held that the process re-engineering 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 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 quotes a mockingbird find that three burglaries occurred on business process separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to the details in Service Quality Essays, the PSR); see also United States v. Re-engineering? Williams, 223 Fed.Appx. What Does Ridicule? 280, 283 (4th Cir. 2007) (assuming that the occasions inquiry can be conducted by reference to Shepard-approved sources only).
In United States v. Process? Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an of copper ACCA enhancement where the court could not establish on process the basis of Shepard-approved material that the predicate offenses were committed on and crake summaries different occasions. Id. at 279; see also United States v. Business Re-engineering? Bookman, 197 Fed. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by in to a mockingbird, Shepard-appropriate material). The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and remanded when it is re-engineering unclear whether the Essay Bulimia Nervosa: A Life Threatening 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. Business Process? 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. ADHD? 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct. 16, 2008) (limiting the business process occasions inquiry to does mean facts available in business, Shepard-approved material), including at Opposing, least one court in a circuit that disavows this application of the Shepard source restriction, see Watts v. Business Process Re-engineering? 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 what ridicule Shepard and holding that the re-engineering trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on summaries three separate occasions#8221;). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and business re-engineering not to the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on oryx and crake chapter this issue have involved consideration of the business re-engineering specific facts underlying the Essay about Opposing prior convictions. 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. Process? Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). What Mean? The Seventh Circuit has likewise allowed sentencing judges to process re-engineering venture beyond the decisional documents envisioned by Taylor, reasoning that these only rarely provide the Essay about Opposing on Depression details that reveal whether offenses were committed on separate occasions, see United States v. Business Process Re-engineering? 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 what the Eleventh Circuit has held on the same grounds that the question is business re-engineering #8220;unsuited to a categorical approach,#8221; United States v. Formula Of Copper? Richardson, 230 F.3d 1297, 1300 (11th Cir. Process Re-engineering? 2000). Importantly, however, these cases came down before the Nervosa: Threatening Supreme Court reaffirmed its commitment to business the categorical approach in Shepard.
But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir. 2007) (affirming the Essay Bulimia district court#8217;s use of the PSR to determine that defendant had three predicates from different occasions for the ACCA). I find that the former approach is re-engineering more faithful to formula of copper chloride the Supreme Court#8217;s rulings in Taylor and Shepard and business re-engineering makes sense in terms of the application of the very severe ACCA. As I explained in my remand opinion in Shepard, the quotes kill a mockingbird Supreme Court#8217;s categorical approach #8220;caution[s] the judge against process re-engineering, becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at Nervosa: Disease, the time of the state offense.#8221; United States v. Re-engineering? Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). The central question in identifying countable predicate offenses where the oryx chapter summaries defendant did not go to trial is business process #8220;what did the defendant plead to what are the different types of plagiarism in the business process state court?#8221; Id. at 17. Where a defendant has not been found guilty by prejudice in to kill a mockingbird, a jury, it is business process only fair to punish him for are the types the prior conduct that he actually admits, either by business process re-engineering, pleading to the facts alleged or failing to object to them at sentencing.14. In light of the Service Quality Essays Supreme Court#8217;s caution in this area and the judgment of the courts of business re-engineering appeals, I find that I am limited to #8220;the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and ADHD Medication any explicit factual finding by the trial judge to which the 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 business instant case, the only Shepard-approved sources available to me in Essay, deciding whether the 1998 offenses occurred on business re-engineering different occasions are the and crake chapter summaries state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on process the sequence of the ADHD and Children Essay offenses. 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 process re-engineering, the indictments and Essay Bulimia Disease specifically stating that police reports were not received). Business? While the plea tenders merely contain the defendant#8217;s and prosecutor#8217;s dispositional requests, several things are evident from the face of the indictments. Essay About Threatening Disease? In Suffolk Superior Court case no.
98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and process re-engineering assault and chloride battery against business process re-engineering, a victim named #8220;F.L.#8221; In Suffolk Superior Court case no. ADHD Medication Essay? 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 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 process re-engineering that on the same day, he tried try to what different types steal E.M.#8217;s car, robbed him of process re-engineering $25.00, and confined or imprisoned him against his will. Clearly, the defendant committed these crimes against chloride, different individuals. But the type of re-engineering crime at of copper, issue here (armed robbery) and the apparent motive (monetary gain) were identical as to business re-engineering both victims. And Crake Summaries? Crucially, specific as they are, the business process re-engineering charging documents do not reveal the location of the does ridicule crimes, the time interval between the offenses, or the business continuity of the conduct. It is therefore not #8220;possible to discern the about Bulimia Nervosa: A Life Disease point at which the first offense is completed and business process the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008). What Ridicule Mean? Indeed, as far as the process indictments are concerned, these attacks could have been simultaneous. Medication? Finally, I consider whether the mere fact that the offenses against F.L. and business process those against Viewpoints, E.M. Business Process Re-engineering? were grouped and prejudice quotes a mockingbird charged in separate indictments suggests that Gautier committed them on different occasions.
It is business re-engineering well settled that there is no one-to-one correspondence between indictments. and predicate offenses. Essay Viewpoints On Depression? See, e.g., United States v. Brown, 181 Fed. Re-engineering? Appx. 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. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). Oryx? As such, courts have found that the process existence of separate indictments is of copper chloride not dispositive evidence that the crimes alleged therein were committed on different occasions.
See, e.g., United States v. 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 process re-engineering #8220;occasions different from one another#8221; for the purpose of the ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. DHL: Service Essays? 2005) (holding that Shepard#8217;s source restriction governs determinations of process whether prior crimes were #8220;related#8221; under the Quality Sentencing Guidelines criminal history provisions, then ruling that the business process existence of separate indictments did not mean they were unrelated). What? This conclusion applies with the same force to the instant case. Prosecutors have wide discretion as to business re-engineering the form of criminal charging. Under Massachusetts Rule of Criminal Procedure 9(a)(2), the Commonwealth #8220;may#8221; charge two or more related offenses in the same indictment, and it may not. The fact that the about Bulimia Nervosa: A Life Threatening Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about business process, 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 oryx and crake second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the process armed robberies #8220;on occasions different from one another.#8221; By the are the terms of the ACCA itself, the re-engineering 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. DHL: Quality Essays? IV.
THE SENTENCE. A. Process Re-engineering? The Guidelines Computation. I accept the presentence report computation of the Guidelines to this extent: the base offense level is 24 under U.S.S.G. Oryx Summaries? § 2K2.1(a)(2). While Gautier argues that he should get a two-point reduction for acceptance of responsibility under § # E1.1(a) and process (b), I disagree at least as Guidelines interpretation is quotes concerned. I consider this issue in connection with the 3553(a) factors (see below). While the business government argues that the 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. Formula Chloride? § 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 others, and because he has turned his life around while in custody. I can find no clear rationale for business re-engineering a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to ADHD and Children achieve the process re-engineering purposes of 3553(a) for in to a mockingbird the following reasons: 1. Business? Nature and Circumstances of the oryx and crake chapter Offense. Business Re-engineering? Gautier claims he took the gun from his friends because they were drunk and behaving recklessly.
Even assuming that to Viewpoints on Depression be true, it plainly does not exonerate him, as the jury found. Business Re-engineering? Given his record, he should not have put himself in a position where the what are 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 process momentary possession, not something he sought out at Essay, the time, or did regularly. Process Re-engineering? 2. Deterrence; Public Safety. Gautier cooperated with the authorities from the outset. And Crake Summaries? He told them what he knew, offered to plead guilty, but was advised otherwise by re-engineering, his counsel. He went to oryx summaries trial on the advice of business process re-engineering his attorney to Essay on Depression preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in business process, the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial.
He has faced substantial challenges in oryx and crake chapter summaries, his life. Business Re-engineering? 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 formula Providence, Rhode Island, and then to business 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 quotes in to Puerto Rico to re-engineering live with his paternal grandmother because of his discipline problems. What Does Mean? He stayed there until age 16 when he returned to Massachusetts. Re-engineering? DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and cradled his friend as he died. After this incident another good friend. died of complications relating to DHL: Service Essays pneumonia. Soon thereafter, he was committed to DYS for business process a number of offenses.
He was released on parole at age 17, but was in DHL: Service Essays, and out of custody until age 21 due to the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and business process received asbestos removal training upon about Viewpoints 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. Process Re-engineering? The couple parted company when Gautier was incarcerated. Essay Opposing Viewpoints On Depression? While in business, prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the what does mean prison chaplain. Gautier spoke movingly of this work. He indicated to Probation that he hopes to business re-engineering attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from what different types of plagiarism future offending, but also a track record of business process re-engineering missteps that plainly require both punishment and assistance. ADHD Medication? Gautier has made efforts to give his life structure, but needs more. I have required Probation to devise a recommended plan for process re-engineering him, both as a recommendation for the Bureau of what are the Prisons during the business re-engineering period of his incarceration and Essay about Bulimia Nervosa: A Life Disease as a template for his supervised release afterwards. Business Re-engineering? Studies suggest the Essay on Depression significance on recidivism of a consistent plan, beginning in prison and business process extending into what ridicule reentry.
Laurie Robinson #038; Jeremy Travis, 12 Fed. S.R. Business? 258 (2000). Opposing Viewpoints On Depression? In addition to that plan, as a condition of supervised release, Gautier is to business process speak at high schools or to other young men identified by chloride, Probation as #8220;at risk.#8221; I believe that a sentence of process re-engineering 57 months is appropriate here for oryx and crake summaries the following reasons. Business? It marks the Bulimia A Life Disease low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in re-engineering, possession, without the ACCA enhancement, and does ridicule mean pled to business process that offense as he had wanted to do.17 That sentence combines the Guidelines#8217; values with those of § 3553(a). Medication And Children Essay? 1. Business? The ballistics report observed that #8220;a portion of the Bulimia A Life trigger guard is broken off, the ejector rod collar is out of place, the business re-engineering ejector rod spring is formula chloride defective, the ejector rod will not secure the business process re-engineering cylinder in the closed position, the cylinder hand is not making contact with the cylinder, and neither the trigger nor the Essay A Life Disease hammer can be drawn back to the firing position. There is process re-engineering rust on are the of plagiarism the cylinder, the business process ejector, the crane, and the trigger. Opposing Viewpoints? This weapon cannot be fired in its present condition and in my opinion it would require extensive work and business re-engineering 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. Mean? Mem., Ex.
B (document # 60-2). 2. His prior convictions include offenses committed in business re-engineering, the course of two armed robberies perpetrated on the same day in 1998; marijuana possession and distribution in DHL:, 2001; resisting arrest and process trespassing in of copper chloride, 2001; possession with intent to distribute marijuana in business, 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in Essay about Bulimia Nervosa: A Life Threatening Disease, 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 business do a year#8221; and formula #8220;That#8217;s a separate charge? Of course it#8217;s gonna have bullets in re-engineering, it, it#8217;s a gun.#8221; He waived his Miranda rights and made similar statements during a police interview. 4. Medication? 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. Re-engineering? The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the what mean government and business re-engineering the defendant#8217;s shared belief that the formula defendant was pleading guilty#8221; to a generically violent crime. Business Process? 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 does mean that the business process re-engineering police reports did not provide reliable evidence on Essay Bulimia Nervosa: A Life Threatening that central question.
United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). Business Process? The First Circuit again reversed, holding that the police reports could be considered and ADHD and Children instructing me to apply to ACCA mandatory minimum. Process Re-engineering? United States v. Essay About Opposing? Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the court of process re-engineering appeals, holding that a sentencing court may not look to what does ridicule police reports or complaint applications not made a part of the plea or colloquy or adopted by business re-engineering, 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). Formula Of Copper? 5. The criminal complaint substitutes the word #8220;some#8221; for the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is of no consequence in this case. 6. The court noted that the process re-engineering conduct could also constitute resisting arrest under Prong (1) of the does ridicule mean statutory definition.
Id. at 719. 7. Re-engineering? The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. DHL: Quality? Mem. 3, but it offers no cases to process re-engineering suggest that arm-stiffening lies anywhere but at the very core of Prong (2) resistance. 8. Last month, the Supreme Court heard argument in a case presenting the question of Service whether failure to report to prison is business re-engineering a violent felony under the ACCA. Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). About? This case presents the Court with an business opportunity to and crake chapter summaries reevaluate the business process 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 oryx chapter summaries stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an embarrassment to re-engineering the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to the possible danger of physical injury posed by formula chloride, criminals who fail to business re-engineering show up to begin serving their sentences.#8221; United States v. Oryx And Crake? Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Re-engineering? Of course, a reluctant arrestee might also fight back against an arresting officer. In that case, however, the types of plagiarism defendant would be guilty of business re-engineering resisting arrest under Prong (1), and in to kill a mockingbird the conviction would be an ACCA predicate offense. 10. The First Circuit has repeatedly held that #8220;[g]iven the business similarity between the and crake chapter summaries ACCA#8217;s definition of `violent felony#8217; and business process the definition of chloride `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is business generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at Essay about Nervosa: A Life, 4 n. Process? 3; see also Damon, 127 F.3d at of copper chloride, 142 n. Business? 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. DHL: Service Quality? In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the process re-engineering question of whether a conviction for resisting arrest was a prerequisite #8220;crime of ADHD Medication 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 business process re-engineering Supreme Court#8217;s recent decision in Shepard#8221; and 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. Does Mean? In United States v. Re-engineering? Almenas, Judge Saylor denied without opinion the formula of copper defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for career offender status. Business Process? In that case, however, the defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for what does it. Business Process? (Almenas is now on appeal at formula, the First Circuit. See Almenas v. Re-engineering? United States, No.
06-2513. Because the parties in ADHD Medication and Children, that case have urged the court to remand the case on business process re-engineering alternative grounds—namely, because the district court judge understood himself to what types of plagiarism have less discretion than actually afforded him under Gall v. United States, ___ U.S. Re-engineering? ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. About Bulimia Nervosa: A Life Threatening Disease? 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 business process re-engineering Fourth Circuit held that a 1988 resisting arrest offense in Medication and Children Essay, Maryland was a violent felony under the residual clause of § 924(e)(1)(B)(ii) because #8220;[t]he act of resisting arrest poses a threat of business process direct confrontation between a police officer and the subject of the arrest, creating the quotes in to kill potential for process re-engineering serious physically injury to the officer and others.#8221; Id. at 455. Of Copper Chloride? Because the court made no attempt to identify the 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. Business? Finally, the Opposing Viewpoints on Depression Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of business violence#8221; under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the ADHD and Children Essay possibility of a violent incident. See id. at 1055. 12. The government urged me to 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 business process guidance provided to trial judges in other circuits. See, e.g., United States v. Bulimia Disease? Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because #8220;it is business process possible to discern the point at which the formula of copper first offense is completed and re-engineering the second offense begins#8221;); United States v. Essay About Opposing? Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on business process re-engineering same night in separate doctor#8217;s offices 200 yards apart occurred on does ridicule different occasions, because defendant #8220;made a conscious decision#8221; to commit another crime after completing the first). Business Re-engineering? 14. What Different? The Shepard Court came to 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 business, what the defendant and what does ridicule mean state judge must have understood as the factual basis of the prior plea, and business re-engineering 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 about Nervosa: Threatening Apprendi [v. New Jersey, 530 U.S. Business Re-engineering? 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and about Nervosa: A Life Threatening Disease Fourteenth Amendments guarantee a jury standing between a defendant and business re-engineering the power of the DHL: Essays State, and they guarantee a jury#8217;s finding of any disputed fact essential to business process re-engineering increase the what different types of plagiarism ceiling of a potential sentence. Business Process Re-engineering? Shepard, 544 U.S. at 25, 125 S.Ct. 1254. Medication? 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 process re-engineering find a disputed prior conviction, #8220;the disputed fact here #8230; is DHL: Service Quality too far removed from the conclusive significance of a prior judicial record, and too much like the findings subject to process Jones and Apprendi, to 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 types ACCA, one of business re-engineering 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 about Viewpoints #8220;punishable by imprisonment for business process re-engineering a term exceeding one year,#8221; 18 U.S.C. § 924(e)(2)(B), and Essay a crime is not punishable by imprisonment for a term exceeding one year if it has been #8220;set aside#8221; under state law, § 921(a)(20). Process? In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is discharged from Department of Youth Services (#8220;DYS#8221;) custody. See Mass. Service Quality Essays? Gen. Laws ch. Process? 120, § 21. Gautier notes that for and crake chapter one of the two indictments on which he was convicted in business process, 1998, he was adjudicated a youthful offender, committed to DYS custody, and what mean then discharged at age 21.
Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. Business Process? The ACCA, however, is 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 DHL: Quality Essays civil rights expressly provides that the business person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Where a defendant#8217;s conviction is set aside by of copper chloride, 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. Business Process? See United States v. Formula Of Copper? 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. Business Re-engineering? Gen. Laws. Formula Of Copper Chloride? ch. Business Re-engineering? 120 § 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from DHL: Service Essays obtaining a license to business carry a firearm, id. at ch. 140 § 131(d)(i), applies to him.
As a result, he cannot escape the ACCA sentencing enhancement through the § 921(a)(20) exception. What Are The Different? 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 business what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the ridicule mean gun.
He attempted to explain that possession to 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 business re-engineering criminal history category IV.
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The Day My Life Changed Forever I will never forget the day when my life was . changed forever. I was twenty-two years old and about to give birth to business, my first child. I was having a girl, who I was going to name Mia Alexandria. Up until this point in oryx summaries my life I was able to business, go and come as I pleased, but that was about to all change. About Bulimia Nervosa:. I knew that having a child would change my life but did not know how much. It was in December of 1996, and was a cold, dreary winter day.
I was in process my eighth month of. Childbirth , Human , I Decided 2076 Words | 5 Pages. Oryx And Crake. Aric Trujillo The Day That Changed My Life For years in my life graduating from High . Process Re-engineering. School had been a date circled in my mind. What Are The. For me graduating High School meant I could then do whatever I wanted to re-engineering, do without anyone telling me right from wrong. What Does. As I got older I began to process re-engineering, realize that everything I had thought before was now totally wrong.
I realized that graduating High School meant I was going to have to what types, be more responsible there I ever had before. Process Re-engineering. It now made me realize that I had to oryx and crake, become. Graduation , High school , Mind 989 Words | 3 Pages. Business Process Re-engineering. My name is Melissa Losada. DHL: Service Quality Essays. I was born in Michigan in business process re-engineering the year 1995.
I lived there with my mom until my younger . sister Rebecca was born. Soon after we moved to West Virginia to be with my grandmother, it was 1996 I was two years old when I moved to the city of Beckley, West Virginia and that is the only place I have ever lived since. Beaver elementary is where I went to are the different of plagiarism, elementary school, I lived directly in process re-engineering front of the different types, school so I was never really far from home. Business Re-engineering. Back then my mom was our girl scout. In To Kill A Mockingbird. Atrial septal defect , Cardiac surgery , Cardiothoracic surgery 1458 Words | 3 Pages. share this information within the organizations that they work for business re-engineering and as well as for in to kill a mockingbird the employees that are working for them. By taking the Ethic . Awareness Inventory Assessment to see how well I do to realize my own ethical standpoint and compare the result with the process re-engineering, inventory analysis. To my surprise, I scored high in the obligation and the results profiles. It stated real clearly that ethical decision-making involves three components awareness, articulation, and application (Ethics Awareness Inventory. Aesthetics , Business ethics , Ethics 1221 Words | 3 Pages.
A Moment That Changed My Life If you happened to be at what of plagiarism, the Target Center on March 21, 2012 around seven in the . evening, you may have noticed a white mass at one of end of the basketball court. This white mass was an enormous cheering section of students, friends, and parents from my high school. Among this section were two boys that didn’t go to my high school, Andrew and Evan Mulville. Process. They went to another school in our conference, but early in the basketball season they became part of the “Watertown. Basketball , Friends , Friendship 1356 Words | 3 Pages. What Does Ridicule. English 101 Feb. 08, 2014 Narrative Essay The Day That Changed . My Life When I was a kid I was abused by business process my father and stepfather. I have been put through walls and windows.
When I would get into trouble with my dad he would use a belt or a two by four on me. If I was with my mom and what my stepfather was in a bad mood or I did something wrong or if I got anything below a b in school, I would get hit or I would have to choose between. Debut albums 1215 Words | 3 Pages. ? English 101 7 September 2014 Becoming a 16 year old mother changed my life Becoming a 16 year mother . changed my life in more ways than one. I was totally blown away knowing that I would have to devote my time, love, energy, smile, and money to another human being. Motherhood at business, such a young age was not a box of chocolate. In fact, it is a continuous fun, exciting, and overwhelming learning experience . Nevertheless, being a full-time mother, student, and wage-earner assisted in oryx and crake summaries the astonishing. Change , Endometrium , High school 1212 Words | 4 Pages. Night that Changed my Life Will they like me? Will I like them? Are they going to like my . personality?
These are the business re-engineering, thoughts that run through my mind as I anxiously await meeting new people. Whether you are at school, a new job, or socializing at a party, meeting new people can be a very nerve racking. Prejudice Quotes. Being able to walk up to a group of people and introduce yourself requires confidence and maturity. Although I believe I do posses these qualities, I still get butterflies in process re-engineering my stomach when. A Flock of Seagulls , Call on and crake chapter summaries, Me , Debut albums 1725 Words | 5 Pages. Business Process Re-engineering. Moving to Virginia Changed my Life. Oryx And Crake. ? Moving to Virginia Changed My Life By Laticia Miles ENG121: English Composition I Instructor Steve . Ryan July 27, 2014 Who knew, changing environments could have a vast effect on my life and the lives of my four children. Changing environments changed our lives socially, economically and spiritually. All I had to do was want it bad enough, dream it big enough and process prepare for the best life I had always envisioned for us. What Ridicule Mean. Positive changes occurred within. Business Process. Change , Life , Personal life 2112 Words | 8 Pages. In To A Mockingbird. always one experience in re-engineering life that either makes you or breaks you, and DHL: Service Quality Essays having my son has definitely made me . who I am.
Before I had Gabriel, my life was completely different but now everything has changed for the better. I’ve never loved anyone or anything like I love him. Re-engineering. Being a mother is absolutely amazing. The things my son learns and teaches me every day are also amazing and also make me better. There’s no way I could ever not want him in my life . Before. 2006 albums , 2006 singles , 2007 singles 579 Words | 4 Pages. The experiences that have changed your life. challenge? Describe a challenge you anticipate facing in what different any aspect of college life . Business Process. On the different of plagiarism, basis of what you learned from your earlier . response, how do you expect to deal with this challenge? 5 Describe and evaluate one experience that significantly influenced your academic interests. The experience might be a high school course, a job, a relationship, or an extracurricular activity.
Be sure to explain how this experience led to your setting the goals you now have for re-engineering yourself, and mean why you think the. College , Curriculum , Essay 861 Words | 2 Pages. was doing was for songs. Songs that matched my feelings inside, things I didn’t yet have the words to business re-engineering, explain or describe. Does Ridicule. I would listen to . songs that matched my loneliness, desperation, anger, and lack of hope, trying to understand myself through my own tears. One summer my mother decided to send me to Ecuador for a month by myself. I was okay with her decision because I would be spending the business process, whole summer with my family. While I was in Ecuador my family decided to go to the tropical part which. Cousin , Debut albums , Ecuador 921 Words | 3 Pages. The 5 Technologies That Changed My Life. DHL: Quality. technologies that changed and profoundly impacted our lives, along with the re-engineering, reasons why.
Technology has shaped and is shaping many different . generations in different ways and DHL: Essays will continue to do so for long periods of time. I know I always enjoy listening to others tell stories about the products that truly impacted them for the better and some of the reasons why. So here are the re-engineering, ones that shaped my life up to this point. Bulimia Nervosa: A Life Disease. That’s right the process re-engineering, very first EPIC NES. It was 1985 when the NES came into my house. Kill. I. Computer , Computing , IPhone 868 Words | 3 Pages. Business Re-engineering. ? December 17th, 2010 was a regular day for me. I was done with my finals and was heading to Tozeur, a town in the south west of Tunisia, . with a couple of Nervosa: Disease friends to spend a couple of days to relax and process have fun. We drove by a city called Sidi-Bouzid without being aware that in this city, an event that happened that day would change the destiny of formula of copper a lot of business countries.
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I can only assume the formula, baby grand was once a shiny black, though because its keys have been played numerous times, its color is noticeably faded. My mother floats through my mind. “Anastasia!” my cousin stops her rambling and finally notices that I have. Academy Award for Best Actress , Education , Ludwig van Beethoven 845 Words | 3 Pages. Business Process Re-engineering. How Epilepsy Changed My Life Gilbert Lutes Essay ENGL 121 10/15/12 Writing Assignment When I was just . seven-years old, I was diagnosed with epilepsy. I’d been having small and formula chloride frequent seizures my entire life without ever knowing of it until one day when I was shelling walnuts in front of the fireplace. Everything I ever knew was being stripped away from me.
I no longer had control over any of the muscles in business process my body, my ability to speak, my actions, nor my sight. All I could do was relax. Brain , Electroencephalography , Epilepsy 1660 Words | 4 Pages. The Experience That Changed My Life. Formula Of Copper. I volunteered with Outreach Kenya Development Volunteers for business process re-engineering three months in are the of plagiarism Bungoma, Kenya. As a team of six volunteers, we lived with a traditional Kenya . family and shared in their daily experiences . Our primary focus this summer was AIDS education.
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She said she was going to prove them wrong and live longer. Well, she did exceed the 5 years by about 6 months. She passed away in Essay Threatening Disease October of 1995, at the age of 34. I still miss her and process when I heard about a medium from Stroudsburg. 2007 singles , American films , Debut albums 1010 Words | 3 Pages.
How a Baby Changed My Life I have heard that if you wait to have a baby until you are ready, you will . never have one. Even at 39, I felt that I was not ready for the changes. I did not even realize the amount of DHL: Essays changes that having a baby would have on my life . Business Re-engineering. I also had no idea that I would change my career after the baby was born. I also did not know that I would have to function on little or no sleep. Furthermore, the amount of summaries free time that I used to enjoy has been greatly reduced. Anxiety , Change , Epidural 1005 Words | 3 Pages. excited for the history that waits inside. I draw in the Rosie the Riveter posters, the aircraft models, and war books that are hung up on their shelves. . “Can I help you, Miss?” The woman at the counter is retired, no doubt a woman that had a lot of re-engineering experience either building aircrafts or helping in the war efforts during her time. “Yes I called earlier; I’m an English Student at Washtenaw.
I was hoping to get an interview or tour of the museum.” “Go right on in; John will be giving the tours today. Air traffic control , Air traffic controller , Aircraft 1866 Words | 5 Pages. How Harry Potter Changed My Life Written by: Colin Rhoney English 111 (A2) Ever since I first began to DHL: Quality Essays, read, . Re-engineering. books have always been a major influence in summaries my life . My childhood was full of many memories of reading many wonderful books. I remember spending hours upon business process, hours going from shelf to shelf, looking for new books. The library became almost like a treasure hunt, searching every row and every book before discovering just the right book to read. Kill A Mockingbird. The most exciting part was when I would come. Children's literature , Harry Potter , Harry Potter and the Deathly Hallows 1141 Words | 3 Pages. A Moment That Changed My Life - Essay. This is my creative essay for process the Film Program at NYU. The prompt was: Introduce yourself.
Describe an unforgettable event in your . Prejudice Quotes In To. life and business process re-engineering how it changed your perception of yourself or the view of someone close to you. This event can be dramatic and/or comedic. The assignment may be written as a short story in the first person or as an essay. DHL:. My one fear is that my essay is hard to understand. So any feedback on how it reads to other people would be a huge help. And also any gramatical errors.
2002 albums , 2004 singles , 2006 albums 1785 Words | 5 Pages. Andrea Johnson DEV 0032-158 November 1, 2012 How Cancer Changed My Life Cancer can make a change in . anyone’s life . It has been in my life for process as long as I can remember. Many of my family members have had several different types of cancer and have lost their battle, but the one that impacted my life the prejudice quotes in to kill, most was the recent loss of my best friend. My friend’s name was Elke, and she battled brain cancer for business process almost 10 years. She was only declared in remission a couple times, it just kept. 1999 singles , 2006 albums , 2008 singles 1111 Words | 3 Pages. The Day That Changed My Life Forever. The Day That Changed My Life Forever It was a bone chilling January night; my mom received a call . at about 11:15 PM, a call that changed my life forever. My Aunt June was on the other line. She was crying so hard my mother could barely understand her. Through the formula, sobbing my mom finally understood that Brian, my cousin, had been in a horrible accident and business process re-engineering she didn’t know how bad it was.
My mother jumped out of the bed after she hung up the phone. She screamed up the stairs at my sister and Service Quality me;. Driving under the re-engineering, influence , Drunk driving , Drunk driving in the United States 1371 Words | 4 Pages. Chloride. My Life Learning Experience with R.S.V. R.S.V i My Life Learning Experience with R.S.V Name Course Title Teacher Date R.S.V ii Abstract . Many individuals have experienced problems with their hospitals or health care facilities. An important concept that I learned from facing this family crisis that will be examined in this paper is that, when a family member becomes seriously ill, they need quality medical care. Sometimes, when a person's life is at stake, the further a person lives from medical facilities which can offer. Common cold , Health , Health care 2095 Words | 6 Pages. An Unforgettable Experience in My Life. Our happiness had just turned into a worst tragedy.
We never had the chance to business process, celebrate the party anymore. Now,we can only see tears flowing down and . celebrate Leman’s birthday for the last time at his grave.So this remain as my most unforgetabble experience . Academic term , Asia Pacific Flight Training , Automobile 997 Words | 3 Pages. support wildlife conservation efforts and to help federal, state and DHL: Quality local Indian Police Service authorities and Game wardens of state forest departments to . enforce wildlife laws, especially those affecting wild tigers, for process re-engineering which Belinda has had a life long-passion. In June 2003, Belinda followed in the footsteps of her parents and was awarded an OBE for her services to and crake chapter, the protection of wildlife and re-engineering endangered species in India.  Programs The WPSI works with government law enforcement. Does Ridicule Mean. Gaza , Gaza Strip , Israel 1998 Words | 7 Pages. Outline I. My family life a. Business Process Re-engineering. Growing up as a child b. Single life c. Married life . II. Types of jobs a. U.S.
Navy b. AutoCAD designer c. Essay About Nervosa: Threatening Disease. Management d. Customer Service e. Dispatcher III. Educational background a. Southwestern High School b. ITT Technical Institute c. Wayne State University d. Process Re-engineering. Schoolcraft e. Park University f. Ashford University IV. What are my personal, professional, amp; academic goals? a. Set. Academic degree , Bachelor's degree , Computer-aided design 1479 Words | 4 Pages. An Experience That Changed My Life - Essay. DHL: Service Quality. An Experience That Changed My Life There are many experiences that shaped me into the . character I am now. Reflecting upon the many different encounters I had throughout my life , I remember my trip to process, India. Two years back, my family and Essay about Bulimia Disease I took three months’ vacation to my home town, Punjab, India.
Excited and thrilled to go, I packed all my belongings. Peering out of the international terminal window, I gaped at the millions of planes standing in front of me, with not just one floor but two floors. 2003 albums , Lifestyle , Maslow's hierarchy of needs 782 Words | 2 Pages. When My Life Changed Forever It all started on re-engineering, August 17th 2012, the are the of plagiarism, day before my baby shower. . Business Re-engineering. My , also pregnant, sister-in-law, Tonya, and I were doing the final shopping for my baby shower. I was very excited to be, finally, having the oryx and crake chapter summaries, shower. It had already been canceled and rescheduled once, and with my induction date only 6 days away, everyone joked that we would be having it at the hospital. When we left home, we only had two stops to business, make. The first stop was Babys-R-Us to prejudice in to kill, get her gift for. Clothing , English-language films , Infant 1800 Words | 4 Pages. Life can be as negative or positive as you want it to process, be. Nothing either bad or good can last forever.
My complete name is Anahi . Angelica Tiburcio Loyola. I am a senior at Vista High School. I am from a town name San Jorge Nuchita,huajuapan de Leon Oaxaca Mexico.Five years ago my parents took a decision for me, a really good one I can say. I was excited about all the changes. I thought scarcity would disappear . My dad came to the United States two years before us. He had been coming forward and. College , Family , Father 1646 Words | 4 Pages. Jose Luis Ortega Vaquero Internet have changed my life In recent years we have been witnessing a real . acceleration of society as regards to technology, both in its development and the emergence of new forms. An important change that should be noted is Internet, and how it has affected different areas of everyday life , especially regarding social relations.
The constant use of technologies such as mobile phone, iPod or computer with Internet connections. has led to increasingly more. Instant messaging , Internet , Internet access 1928 Words | 5 Pages. Religion: And How it Has Changed My Life. After thinking about it, I thought Wicca hasn't really changed my life that much, at least not in concrete ways. . I've always loved the chapter, Earth and process thought of it as being beautiful and precious. I've always been fascinated at the beauty and are the types of plagiarism mystery of the Moon and process re-engineering the starry sky. I've always found Nature to be healing in prejudice quotes kill an all inclusive way that encompasses the physical, mental and spiritual realms.
I've always believed that our minds have the power to accomplish amazing things. I've always thought. 2006 albums , Human condition , Leisure 1678 Words | 5 Pages. ?ANY REAL LIFE EVENT OF MOTIVATING PEOPLE IN ANY COUNTRY OF THE WORLD Success story of a dish washer who became a dosa king. (prem . ganapathy) Name-aakanksha shaw Roll no.-51 M com department Introduction The book “Connect the Dots” tells the stories of 20 regular people who became entrepreneurs and process made a go of it. Service. Connect the Dots makes it a point to focus on entrepreneurs who did not have a formal management education.The message to young readers is business process re-engineering, clear — you don’t need to formula of copper, be. Process. Boy , Chhatrapati Shivaji Terminus , Maharashtra 1363 Words | 4 Pages. An Experience That Changed My Life. What is a good manager ? A Manager is the person responsible for planning and directing the about Bulimia Nervosa: A Life Threatening Disease, work of a group of individuals, monitoring their work, and . Business Re-engineering. taking corrective action when necessary. For many people, this is their first step into a management career. A manager's title reflects what he/she is responsible for.
An Operations Manager is responsible for the operations of the what are the different of plagiarism, company. There are many management functions in business and, therefore, many manager titles. Business. Regardless of title, the. Control , Crisis management , Goal 1104 Words | 5 Pages. Running Head: MY EXPERIENCE 1 . My Personal Experience Joan Boyd PSY 202 Hillary Locke December 14, 2012 MY EXPERIENCE 2 I. Where am I from?
A. I was born in. Academic degree , Adult , Divorce 1370 Words | 6 Pages. One Day That Changed Whole My Life. Of Copper. One day that changed my whole life . I was 25 years old when I was diagnosed with cancer. It was at business re-engineering, a time when I . was doing what I did best – dancing and I was taking a course to what does mean, become a future color and style advisor. I had been working on it for almost two years, I grew to the level that I could easily record the business process re-engineering, dance steps and I built up the necessary condition. In fact I lived and breathed dance and what are the types of plagiarism style but nearing the summer of 2007, I was getting really fatigued and wasn’t able to attend. Acute lymphoblastic leukemia , Blood , Bone marrow 1163 Words | 3 Pages. begins with dreams and visions you hold for the life that is process re-engineering, still ahead of you. We ask you to write a mission statement that is reflective of . who you are and what your sense of are the different calling, purpose, vocation, or meaning of process re-engineering life . Mission statements are helpful for many reasons, but primarily they are used as a tool to encourage you to consciously reflect on who you are and what you are doing at the UW. Oryx Chapter. As you progress through your educational experience here, you will find that you will take many side.
Life , Meaning of re-engineering life , Mission statement 1062 Words | 6 Pages. the online classroom. Life Event: A significant, but not positive nor uplifting event was the summaries, death of my father at the age . of business nine. Explanation: He was in A Life Threatening Disease the Air Force and I remember watching him walk out of the process re-engineering, door, back straight and his head held high. I was in formula chloride awe of this man and even though I was young, I knew he was doing a good thing for business process this country. My love for him was phenomenal even at my young age.
Reflection: I remember looking at what does ridicule mean, my mom when I found out and asking. 2007 singles , A Good Thing , Emotion 1162 Words | 3 Pages. My Life Story My story is business re-engineering, one of prejudice in to abuse, neglect, hurt, addiction, loss, and happiness. Many people go through . wondering why me?, instead of letting go of all the bad and changing their lives they use it as an excuse, but that is business process, where I am different from other people I have used all my bad experiences as learning tools, I came from nothing and became something. My name is Amanda Nicole Fomichev (Read), I was born and raised in Idaho I am the prejudice quotes in to a mockingbird, oldest of 12 children. My parents, if that is what. 2007 albums , American films , Billboard Hot 100 number-one singles 1258 Words | 3 Pages. Understanding my past experiences. ?RUNNING HEAD: UNDERSTANDING MY PAST EXPERIENCES Understanding My Past Experiences . Business Process. Running Head: Understanding My Past Experiences When I reminisce about my life , it really brings into Service, focus how I have turned into the person who I am today.
Starting from business, my childhood to my teenage years, and all the way through my early adulthood, I have experienced quite a bit more than most people who I know or have known. I have been shaped and DHL: Service Quality Essays molded my many ups and downs. I know. Developmental psychology , Erik Erikson , Ethics 1690 Words | 5 Pages. for a least an hour cry and reminisce on what my life had been and how much I had been through in business just three years. . My boyfriend, who we will refer to oryx chapter, as Bo for the sake of this essay, and I had been together for almost two years when I found out in business process August of 2012 that I was expecting my first child. During the two prior years Bo and Service Quality I were having the time of process re-engineering our lives.
We were always on the go living worry free. Of course things immediately changed for me, but as for him they stayed the kill, same. English-language films , Love , Mother 1167 Words | 3 Pages. typed like this THE CHANGE OF MY LIFE . Process. Also, you’ve got to get (Type text) out of your header The Change of My . Formula Of Copper Chloride. Life Jo Johnson Start here on line 1 The Change of My Life On May 11, 2006, I made a speraticWW decision that would forever change my life and re-engineering the way I see life itself. Leading up to Essay about Nervosa: A Life, this decision, I had absolutely no plan on business, doing this adventure in my life . But on May 11, 2006, I decided to enlist in the United States Army and does mean become a soldier. Life up to this point was exciting.
2002 albums , Army , Change 914 Words | 3 Pages. usually so excited. They can’t wait to experience everything that comes with being in high school, I mean who wouldn’t? Everyone says that high . Business Re-engineering. school is the best four years of your life . Now that I’m months away from oryx and crake chapter, graduating, I can’t say they were my best years but I can say they were my most educational years, of course I wouldn’t say that they weren’t fun because they were. Business. When I say educational, I mean I’ve learned so much about myself and so much about life . Different Types Of Plagiarism. I learned what the words family.
American films , Education , English-language films 1097 Words | 3 Pages.
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Feral Children Essays and Research Papers. The Story of Feral Children , 2002). Process Re-engineering! For years researchers debated whether or not nature or nurture contributes the most to the . DHL: Essays! development of business re-engineering, a child. Does Ridicule Mean! This can continue to be debated in business process the case of quotes kill a mockingbird, feral children . Feral children can be defined as children who have been neglected. These children have limited or no contact with humans.
Feral children or wild children are deprived of the love and care from family. Feral children lack social and emotional skills. That is to say that a feral child is unable. Critical period , Developmental psychology , Feral child 1411 Words | 4 Pages. The Wild Children Child: Oxana Malaya The definition of the word feral children is undomesticated . children . It has been a proven case that young children cannot survive on their own in the wild they are merely adopted by animals that choose to love them and want to help the children and teach them their way of life. Business! An animal can sense when they’re in danger but when these children pose no threat all they want is devotion, love, protection they didn’t receive from the formula of copper chloride, parents or guardians. Dog , Feral child , Feral children 1909 Words | 7 Pages. Human Psychological Development in business 'Feral Children' - The Case of Betty Topper. is introduced to children . Too many children could distress or confuse her but if there was a small group of in to kill, . children that visited her, she might form a friendship with one or more of them.
This would also familiarise her with people closer to her own age. It might be appropriate for the children she interacts with to be mentally disadvantaged (but still friendly and harmless) because they would be closer to her mental level than other children . These meetings with other children must be supervised. Child , Childhood , Developmental psychology 993 Words | 3 Pages. University Online library and the Internet for information on business process, Feral Children . About Bulimia A Life Threatening! Define feral children . and explain why sociologists use feral children to support their arguments of the importance of socialization. Feral is described as running wild, untamed animal (Chambers, 2002). So if we analyze this it is when a children that are abandoned or lost in process the wilderness. Feral children have led to the different ways into teaching children (Stewart, 2013). Sociologist are seeking the what mean, answers to business where. Child , Education , Feral children 857 Words | 4 Pages. The family and quotes kill, socialisation.
Feral Children . Isabel Quaresma: Isabel Quaresma, also known as: The Portuguese Chicken Girl . was born in 1970 in Tabua. Her mother was mentally deficient. When Isabelle was found she was 9 years old and had spent the last 8 years living in a chicken coop. Business Process Re-engineering! She was completely isolated from human socialisation and interaction. When Isabelle was finally taken to hospital and tests were done, it showed that her growth was extremely stunted; she couldn’t talk and was not. Amala and Kamala , Chicken , Feral child 1049 Words | 3 Pages. ?Anthro March 24, 2014 Feral Children - Danielle Crockett Feral children are individuals who have . And Crake Summaries! lived isolated from business process re-engineering, human contact at a very young age, and has lived without human care, love, or social behavior. Danielle Crockett was a feral child rescued from from her abusive Florida home on July 13, 2005 by quotes in to Plant City police officers responding to a child abuse report. Danielle was 7 when she was found and weighed a shocking 46 pounds. The first report of a young girl living in the rundown. Abuse , Child abuse , Feral child 989 Words | 5 Pages.
Introduction Feral children are children who have spent most of their lives in the wild, without any contact with . other humans. Re-engineering! Cases of feral children are rare, but are of interest from a scientific and educational point of view. Feral children go through some of the most traumatic experiences that we as human could not endure. As stated by Jamie Myles, on Feral Children and the Dangers They Face On Apr 17, 2009 “The damage to does these precious children is process re-engineering profound. Some never developed the ability. Child abandonment , Childhood , Critical period 1373 Words | 4 Pages.
language learning must occur. Children who have been neglected by their caregivers have major disruptions in their child development. And Crake! They may . develop mental disorders such as PTSD and anxiety problems, or encounter physical problems such as severe injuries and business process, asthma. Prejudice Kill A Mockingbird! Neglected children are also likely to re-engineering have cognitive and intellectual difficulties in social and classroom settings. In extreme cases in which children are forced to and crake chapter summaries survive on their own, they become feral . They completely miss their. Child abuse , Critical period , Developmental psychology 1948 Words | 6 Pages. ? Feral Children A feral child is a human child who has lived isolated from human . contact from a very young age. A feral child has little to no experience of human care, loving or social behavior, and of human language. Some feral children have been abandoned by people, usually their own parents, and in some cases this child abandonment was due to the parents’ rejection of a child’s severe intellectual or physical impairment. Feral children may have experienced severe child.
Amala and re-engineering, Kamala , Developmental psychology , Disability 417 Words | 2 Pages. Reaction Paper #2 Alexis Simone SYG2000 Feb 12th 2013 Something that sparked my interest as soon as it was brought up was Feral . Children . I never heard the exact term before and then when it was explained I realized it was a wild child basically. Formula Chloride! A Feral child is a child that in reality was neglected, abandoned, and business, also abused at prejudice quotes kill, a very early age; a lot of the time because of psychical handicaps or mental illness. Business Re-engineering! The child has no experience or contact with love, or care, or socialization. Feral child , Feral children , Ibn Tufail 746 Words | 2 Pages. STORY OF GENIE Genie is the chloride, name used for a feral child discovered by a social worker in Los Angeles, California.
From the age of twenty . months Genie’s father chained her to a potty-chair and isolated her in a room. When she was found, she was severely malnourished and almost mute. When her case brought some interest to scientists, she became the focus of an investigation to discover if there was a critical age for business, the development of language in children . Prejudice Quotes! Since then Genie has been staying in business re-engineering an. Critical period , Feral child , Feral children 941 Words | 3 Pages. Tlc's Wild Child; the Story of Feral Children Essay. The TLC documentary Wild Child; the Story of Feral Children is Bulimia Nervosa: Disease a documentary that tells the few of process, many stories of formula of copper chloride, . children that have turned to a feral lifestyle due to business parental negligence.
Feral , meaning undomesticated, is the used term to describe these children because of the actions they exhibit. The accounts in DHL: Quality this documentary range from a young girl who “was raised with the wolves” per say, but instead with her dog, to a little boy who was abandoned in a Ukrainian loft and provided the town. Amala and Kamala , Autism , Bruno Bettelheim 650 Words | 2 Pages. Cambodian Jungle Girl and Boy Date. goats The Andes Goat-Boy was found in business process the Andes, Peru, in 1990, and was said to have been raised by goats for Quality, eight years. He is supposed to have survived by . drinking their milk, and eating roots and berries.
Being in wild, he developed the obvious feral characteristics. He tended to walk with all his 4 limbs, his hands and business, feet were hardened due to scar formation that acted like his hoofs. He could communicate with goats and could not learn human language. What Different! After being found, the Andes Goat-Boy was. Cambodian jungle girl , Chimpanzee , Feral child 1780 Words | 11 Pages. easy to process discuss the degree of welfare cooperation due to a lack of detailed research into the activity (Duckworth, 2009). There are herding and . livestock guarding dogs.
They are protective and guard livestock from predators, such as foxes and Nervosa: Disease, feral dogs. These dogs are highly valued by landholders that they are even exported to various countries including the USA, to assist in business the management of livestock. Formula! A 2002 report estimated that on average, Australian farmers owned 2.3 dogs and most valued. Assistance dog , Dog , Feral 1686 Words | 5 Pages. of us to even imagine being locked in a bedroom for thirteen years—strapped to a potty chair and being physically abused. Unfortunately, social isolation, . such as this, does affect many innocent children . Business Process! Studies have proven that social isolation can have devastating effects on a child’s life. A feral child, referred to oryx and crake summaries as Genie, spent nearly the first thirteen years of business re-engineering, her life locked in a bedroom strapped to a potty chair. She was a victim of one of the Nervosa: Disease, most severe cases of process, social isolation. Brain , Critical period , Feral child 693 Words | 2 Pages.
Feral Cats have become a large problem in Oregon, as well as surfacing across the nation. Feral Cats should be Trapped, . Neutered, and Released instead of different types of plagiarism, being Trapped and process re-engineering, Killed. The Cats should only be euthanized in the case of irreparable diseases. These cats deserve animal liberation in the sense that they feel pain just as we as humans do, and we as humans possess the moral duty to prevent that pain. With a non-egalitarian view of Biocentric Individualism view on things we can determine.
Cat , Cats , Feline immunodeficiency virus 1452 Words | 4 Pages. Feral Cats in Australia Introduction and Background Information Cats, felis catus, have been kept as pets for their companionship and . their talent for hunting vermin. Cats have dwelt in prejudice kill a mockingbird Australia for at process re-engineering, least two hundred years, since the first European settlement in 1788. However the Aboriginal people claim that cats have been on the continent for longer. Some have suggested that traders first brought cats to Australia five hundred years ago from Indonesia and other south-east Asian countries.
Australia , Cat , Cats 2172 Words | 5 Pages. i only did this so i could look at peoples papers. ?Wild Peter The first really famous feral child Wild peter was described as “a naked, brownish, black creature”. He was captured near . Helpenson in Hanover, Germany in 1724, when he was about Quality Essays, 12. Process Re-engineering! He climbed trees with ease, lived off plants and seemed incapable of speech.
He refused bread, Preferring to DHL: Essays strip the bark from green twigs and suck on the sap; but he eventually learnt to eat fruit and process, vegetables. He was presented at court in formula chloride Hanover to George I and was then taken to England, Where. Basque Country , Feral child , Feral children 447 Words | 1 Pages. don’t take responsibility for their pets yet they chose to ignore the consequence. Sadly, as much as I love animals, I wish for the feral dogs . to be euthanized. It may sound brutal and inconsiderate but isn’t it more inhumane to leave them on the streets just to get run over or suffer a more painful death due to illnesses transmitted to feral dogs? Firstly, feral dogs can carry diseases.
Canine distemper, parvovirus, and process, rabies are some of the main reasons stray dogs suffer and die from. It. Coyote , Death , Dog 1373 Words | 5 Pages. Running Head: FERAL CHILDREN Feral Children Ana Karina Sifuentes California Baptist University . Abstract Feral children are children that have been neglected and/or abused. Prejudice Quotes Kill! There are some cases in which a child is left to process fend for different types of plagiarism, himself and is sometimes taken in by wild animals. These animals treat these children as their own and raise them. Because the process re-engineering, children have no human contact they become feral children . After being neglected for and crake chapter, so long, a part of the business process, child’s brain will eventually close.
Brain , Cerebral cortex , Cerebrum 1561 Words | 4 Pages. Responsible for the Crimes of Their Children. Responsible for oryx and crake chapter summaries, the Crimes of their Children How can someone who does not commit a crime get charged for the crime committed. This . is business process starting to happen around the country with parents getting charged for the crimes of their children . Different Types Of Plagiarism! Although parents are responsible for re-engineering, raising and Essays, teaching their children what is right or wrong, parents should not be held responsible for the crimes of business process re-engineering, their children because they did not commit the crime and if they are not present at of copper, the crime scene. Childhood , Children , Crime 1840 Words | 6 Pages.
the word juvenile, its usually followed by delinquent. Until the early 19th century in business the United States, children as young as 7 years old . could be tried in criminal court and, if found guilty, sentenced to prison or even to death. Children under the age of Essay Nervosa: A Life Threatening, 7 were thought to be unable to commit criminal acts and were therefore exempt from punishment. Reformers believed that treating children and adolescents as adult criminals was unnecessarily harsh and business, resulted in their corruption. What Different! A 1991 study. Childhood , Children , Conduct disorder 1198 Words | 4 Pages. Children and Young Peoples Workforce. Sabiha Zaman SHC 33: Promote equality and process, inclusion in health, social care or childrens and young peoples setting. 1.1) . Diversity- Diversity mean difference, it recognises that even though people have things in common with each other they are also unique and oryx and crake summaries, different. Everyone is unique and different for process re-engineering, example; skin colour, race, disability, gender and religion.
Equality- Equality mean treating everyone equally in a way that is appropriate for their needs. What Types Of Plagiarism! Inclusion- Inclusion. Child , Childhood , Children 1331 Words | 6 Pages. FERAL CATS IN AUSTRALIA Domestic cats originated from an process re-engineering ancestral wild species, the chloride, European and African Wild Cat, Felis silvestris. Business! The . domestic cat is now recognised as a separate species, Felis catus. Domestic cats arrived in Australia with the Dutch shipwrecks in the 17th century; some of these cats escaped and formed the first generation of the feral cat. During the 19th century cats were intentionally released as a misguided form of formula chloride, rabbit pest control. The feral cat turned into an ecological.
African Wildcat , Cat , Cats 657 Words | 3 Pages. today by business process re-engineering getting rid of one of our most profitable media outlets and national past-times? You might ask which media outlet I’m talking about and that is . comic books. Comic books have always received flak when it came to how influential they are to children , with scenes of graphic violence, criminal acts of what are the different types, mischief, and over-bearing sexual exploits. Many parents, schools, and communities have also noticed some of the crazy things that go on in comic books and have banded together to business try and ridicule, ban them. Children , Comic book , Comics 1350 Words | 3 Pages. Violence: Children Who Own the Streets. Violence: Children Who Own The Streets There are many problems facing today's society.
One of the problems is the violent condition that . surrounds the lives of children in America. We are awarded of the violence among our juveniles because we read, hear and business process, see it. Formula Of Copper! The newspapers, magazines, news media, and our neighborhoods testify the re-engineering, living proof of the chaos. Everyone tries to find explanations of the causes and types, consequences of street violence and other aspects of the turbulent lives of. Children , Conduct disorder , Crime 2544 Words | 6 Pages. Marketing Submitted by : M003_MARKETING IN A GLOBAL AGE Assignment: Marketing activities with motion: “Young children are the business process, target for . What Does Ridicule Mean! marketers because of the money they spend themselves, the influence they have on their parents spending and because of the money they will spend as the future market, enabling companies to develop long-term marketing strategies. SUMMARY: Today’s children are tomorrow’s future.
Looking at the impact of their preferences, attitudes, lifestyles, motivating factors. Advertising , Advertising to children , Child 1946 Words | 7 Pages. Internet Scavenger Hunt: Feral Children Answer these questions with help from the video and the Internet. First find the process, . definition of “ feral children ”. A feral child is a human child who has lived isolated from types of plagiarism, human contact from a very young age, and has no experience of business process re-engineering, human care, loving or social behavior, and crucially, of human language. Website to start at for help: http://www.learnstuff.com/ feral - children / 1. What Different Types Of Plagiarism! Write about business process, one child and prejudice quotes, their circumstances as a feral child. Business Re-engineering! Oxana Malaya’s. Childhood , Developmental psychology , Feral child 772 Words | 2 Pages. the fall suffered from malnutrition by mean the end of winter (Sherow 98). While the grasslands, which supported the horses, were plentiful it was difficult to . Business! maintain the health of large herds. However, this did not discourage Indians (men, women and children ) to ride horses. As a result the previously wild horse developed a new order of life (Wissler 265).
The horse became a very beneficial tool in quotes kill aiding the business process re-engineering, hunting of buffalo, which was the formula of copper, most common game for business re-engineering, Indians. Buffalo meat served as food. Domestication , Domestication of the horse , Feral 1516 Words | 4 Pages. Crime-free Children Today for a Crime-free India Tomorrow. ? Crime-free Children Today For A Crime-free India Tomorrow Author: Yamuna Bindu School: Chinmaya Vidyalaya, Kolazhy, Thrissur. . Does Mean! Class: XI C CRIMEFREE CHILDREN TODAY FOR A CRIMEFREE INDIA TOMORROW “ Children are like wet cement. Whatever falls on them makes an business process re-engineering impression.” Dr. Bulimia A Life Disease! Hiam Ginnot Open a newspaper or switch on the radio for news and you will no doubt see a number of horrifying crimes reported there - murder, rape and robberies are no longer surprising or shocking. Aggression , Anger , Childhood 816 Words | 5 Pages. socialization change as to their level of influence? For any stages you have not yet reached, which agent(s) do you predict will be the most influential? . 3. Look in the Argosy University online library and the Internet for business process, information on formula of copper, feral children . Explain why feral children are used as examples of young people for whom the socialization process has been stopped.
Stage 1: Infancy—the challenge of trust (versus mistrust). Between birth and about eighteen months, infants face the first of business, life’s challenges. Child , Child abandonment , Critical period 1368 Words | 4 Pages. reassuring and stimulating. Providing stimulating environment practitioner need to consider the environment to be creative and encourage the babies to . explore the what different, room with different activities. Marian Beaver, Jo Brewster, et al states: “babies and young children need an process re-engineering environment in does ridicule mean which they hear and begin to respond to language and opportunities to interact socially with others.” (Page 32) It is important to keep the babies stimulated; it can be done by business process re-engineering having sensory light in the sensory room for.
Children , Children Act 1989 , Environment 2277 Words | 7 Pages. and children were known as ‘little adults’ who carried out the of copper chloride, same work and play activities as adults. There were no such things as kid’s toys . etc. Aries argues that children were only business re-engineering, seen as an ‘economic asset’ rather than a symbol of love for another. Essays! This is said to have been difficult when the death rate of children was so high. Other historians have agreed with Aries, saying that the pre-industrial family was a unit of production, working the land or being engaged in crafts.
Children were. 19th century , Child , Childhood 1713 Words | 5 Pages. Family Dysfunction and Juvenile Delinquency Children are born with many different physical and emotional needs. It is the parent’s . responsibility to make sure that these needs are met all the way through adolescence. In today’s society most of the re-engineering, physical needs are easily taken care of. However the emotional needs are different and DHL: Service Essays, sometimes difficult to manage. The behavior of the business process, parents, emotional and otherwise, is what different types important factors in how a child will grow and function in society. For example.
Abuse , Childhood , Children 1507 Words | 4 Pages. that is educating society on how to process deal with and Essay about Nervosa: A Life Threatening, prevent any criminal activities. Fight Crimes offer many school programs to business young . children and adolescents. What! This provides professional counseling assistance to children who have been either neglected or abused physically and psychologically. They offer extended services for re-engineering, those children , who have been serious crisis such as the ones who have lost loved ones or to have any other tragic occurrence like in the Oklahoma City.
Childhood , Children , Crime 368 Words | 3 Pages. juveniles crime becoming more and more common these days, it is oryx chapter hard to come to an understanding that children can commit crimes just like an . adult. Even with that sweet innocent child mind. We tend to re-engineering forget that they are still human and kill, are raised by these individuals who are committing the same crimes or being watched on television and want to reenact it, since it looks fun. Though, the children do not understand that in business process re-engineering most cases the law wins. Even with Juvenile arrests climbing over the years. Arrest , Childhood , Children 842 Words | 3 Pages. Traffic Management Along Kadiwa Market Road as Perceived by Ccje Regular and Trimester Students. to Albert Bandura that juveniles learn their behaviours from prejudice in to a mockingbird, others with whom they interact in their social environment. Juvenile delinquency and violence . may be learned from direct, face to face interaction or through observation of other person. Children learn their behaviours both positive and negative through imitating behaviour they observe in others.
So it is re-engineering possible that computer game affects the behaviour of oryx and crake summaries, a young person through imitating the characters that does her/him playing. Business! For example. Behavior , Childhood , Children 726 Words | 3 Pages. the benign to the life altering serious kind. I will be looking at the family dynamic and how, and if, it affects teens and their delinquent activities. . Does! Approximately 28% of our nation’s children live in process re-engineering one parent households (Oman, 2005). Essay About Disease! Do children from single parent homes get into more trouble than children from two parent homes? On the business process re-engineering, surface, this would appear to be a simple question to answer. If a parent only Service Quality Essays, has half the time or half the business re-engineering, resources to devote to of copper parenting, it is natural to. Childhood , Children , Conduct disorder 1243 Words | 4 Pages. which are still used in business process re-engineering today’s judicial system jurisdictions to describe the variety of children are subject to juvenile court jurisdiction . (Schmalleger, 2011).
Delinquency, which is an undesirable behavior or delinquent children , is those children who have violated the law. Where this is different is if these were adults this would be considered criminal (Schmalleger, 2011). Undisciplined children are children beyond parental control, as there demonstration by refusing to obey there parents, legal. Children , Conduct disorder , Crime 1217 Words | 4 Pages. procedures because it is the law and its is also to safe guard the children and yourself in the setting. Risks . and of copper, Hazards Fill in the gaps to show that you understand about the balance between risk and safety. Use the words in the box Concerns about children’s safety and a fear that something awful may happen to them can prevent children from business process, trying out new activities and learning new skills. To allow children to Essay about Bulimia A Life Disease learn about safety, it is necessary to allow them to take. Children , Hazard , Medicine 1068 Words | 5 Pages. Evaluate How Effective Sand Play Was. Monitor how children use the process, prepared area and evaluate how effective it has been Activity conducted 8th January 2013 When given the choice . of seven activities all three of the children , aged two years old, went straight for what are the types of plagiarism, the sandpit to re-engineering draw letters in the sand with thick and long sticks.
The children doing the oryx chapter, activity love to draw by making shapes and different movements with a variety of implements, for example paint, colouring pencils or chalk, which is similar to writing in the sand in. Child , Children , Developmental psychology 882 Words | 3 Pages. Development of Juvenile Justice System in India. The Indian legislations The emergence of the concept of juvenile justice in India owes much to the developments that have taken place in western . countries, especially in business process the perception of oryx summaries, children and human rights jurisprudence in Europeand America. The Apprentices Act, 1850 was the first legislation that laid the foundation of business process re-engineering, juvenile justice system in the country. Are The Of Plagiarism! The concept consequently gained momentum with the enactment of the Indian Penal Code (1860), Reformatory Schools Act (1897), Code.
Childhood , Children , Conduct disorder 1639 Words | 5 Pages. Discussing Play in Foundation Phase. Play is important to our young children especially focusing on Grade R children . Some children who are entering the . foundation phase for business process, the first time have never experienced how it is to play with other children . Children will start learning how to interact with others, how to Service Quality share, how to solve problems and how to process re-engineering use their fingers in different kinds of ways. What Ridicule Mean! Another reason why children play is because they enjoy it, as quoted by Mardi Lucich “ Children play because it is fun. Play takes many forms. Childhood , Children , Developmental psychology 905 Words | 3 Pages.
or stress on the parents or guardians. In my opinion, the reason that out-of-control and unruly youths get the way they are has to do with procedures and how . they are dealt with on a day-to-day basis. The longer it takes the system to process process the about Bulimia Disease, children , the more anger, worry, and frustration it causes to the child. Process Re-engineering! This also does nothing but escalates and increases and different, could cause even more harm and crimes committed. Chronic, violent, and serious offenders might feel like they can get away with. Better , Childhood , Children 1226 Words | 4 Pages. Lastly, the psychological factor of juvenile crime is business process emotional alienation of the growing young person. The relationship between parents and young people in . home is very important. If the parents fail to maintain the relationship with their children , the children will come to have feeling of insecure lack of protection.
In this stage, they will easily influence by negative peers to involve themselves in delinquency or even worst (Ziiadova, 2004). However, the problems of juvenile crime is rising. Childhood , Children , Conduct disorder 1876 Words | 5 Pages. first and main principle of the EYFS is to achieve the and crake summaries, five outcomes of the ECM of business re-engineering, staying safe, enjoying and achieving, making a contribution and achieving . economic well-being. Since September 2008 England has introduced a statutory curriculum for children aged 0-5 years who are being cared for education outside of their homes. Summaries! The framework therefore applies to child minder, after school clubs, nurseries and schools regardless Of how they are funded. In addition to the education programme that is. Child , Childhood , Children 1751 Words | 5 Pages. with several other children and toys surrounding the area. Adults are occupying the kitchen which is several feet away. Date: November 28, . 2013 Time Begin: 5:45 PM Time Ended: 6:30 PM Situation: The child is roaming around an open living room lined with toys.
She is accompanied by business process re-engineering several children also within her same cohort. Most children are gathered around a play house. There are several miscellaneous toys scattered amongst the formula of copper chloride, living room being occupied by other children . The noise level. Child , Childhood , Children 1010 Words | 3 Pages. two parents are better than one. One source that helped encourage this view was the “child-savers” movement.
Between 1630 and 1830 many delinquent . children immigrated to the U.S. not as citizens but as agriculture workers, indentured servants, and apprentices (Senna, 1994). Business! After independence and industrialization apprenticeships were dissolved. Children still had extremely low social status and were treated very harshly including being punished as adults. In 1838, the A Life Disease, State finally felt that they. Childhood , Children , Crime 1691 Words | 5 Pages. The Pestle Analysis Of Juvenile Crime Rate Rose In United States” income is low or below average, this resulted in the dissatisfaction of children to parents being unable to fulfill all his desires.
The child . knows that the condition does not allow her family to fulfill her desire therefore he sought the satisfaction of desire outside the business process, home. And the second is caused by Parents. They do not have a permanent job, this situation becomes the does ridicule mean, trigger dissatisfaction over the wishes of business, children . Parents do not have a permanent job and steady income. Absence of employment. Adolescence , Childhood , Children 1049 Words | 4 Pages. Juvenile Justice Research Paper APA 2. Puritan Period from 1646 until 1824.
The Massachusetts Stubborn Child Law was passed in 1646. The puritans during this time viewed children . as evil and placed responsibility on DHL: Service Quality Essays, the family to discipline and raise youths. If the parents were unsuccessful; the youth would, then be subject to the law. (Cole, Smith, DeJong page 472). During this time, children over the age of five were treated either as small adults or property. A seven-year-old child could be sentenced in criminal courts. Re-engineering! . Childhood , Children , Court 1773 Words | 8 Pages.
Causes And Solutions Of Juvenile Delinquency EDIT. being poor you are the does ridicule, more likely to head to a life of crime. I agree with this statement because if children are born in a family where they . are not able to process re-engineering eat, or have to go to bed hungry, of what does ridicule, course there is going to be some problems. When they are starving, they are going to be less focused on business process re-engineering, school. Are The Different Of Plagiarism! The growing rate of unemployment makes it difficult for parents to provide for their children . It also makes it easy for people to turn to a life of crime. One of these crimes is drug dealing and. Antisocial personality disorder , Childhood , Children 1552 Words | 5 Pages.
Obviously something is business process re-engineering going on in today’s society if more and more children are committing delinquent crimes. What Does! Sometimes a researcher has to . get to what he or she thinks is the process, root of the problem to formula of copper figure out what spawns a certain issue. What provokes a child to become delinquent and what makes the child gravitate so easily towards this lifestyle? This study explores how family life influences juvenile delinquency. Juveniles are more likely to become juvenile delinquents if there is little structure.
Childhood , Children , Conduct disorder 1437 Words | 4 Pages. What we should do with juvenile delinquents. setting.” While sensitive orchids are hurt by process re-engineering crummy outside influences, they can benefit from positive environments. “ Children who acted out . more and did worse in school than classmates while coping with fighting parents, for example, shared more and performed better than peers after and intervention to promote a happier home life,” according to about Threatening Disease a study in business process re-engineering 2010 of ridicule mean, 338 children . . Scientists are finding that sensitivity to the environment is in the nervous system. Some people, because of their. Childhood , Children , Conduct disorder 2207 Words | 7 Pages. They possess enlivened mien yet a mind that is innocent. Business Process Re-engineering! These children are subjected to individual risks as they commit various offenses such . as addiction to drugs, theft, robbery, use of violence against their peers and the like. Thus, society reprimands them and makes way to and crake chapter get rid of them, forgetting that they are still children who are in need of process re-engineering, proper guidance and attention.
It is a challenged to everyone to reclaim these children and formula, bring them to business decent homes where they will only think about. Childhood , Children , Conduct disorder 951 Words | 3 Pages. interactions between practitioner and ridicule mean, a child. For most children the early years worker is the second most important person after parents, . who can make real difference to their lives by creating caring atmosphere, by being a person who understands their interests and needs, whom children can trust and turn for help. Positive interaction in early years is fundamental because it can influence personality development and promote positive relationship. “ Children ‘bring out’ and business process re-engineering, ‘show’ their ideas, by interpreting. Child , Childhood , Children 2806 Words | 6 Pages. Delinquents: These children put up a face that brings fear and a sense of defiance. What Ridicule! In return, society denounces them with intense aversion, . Process! forgetting that they are children who are just in need of greater guidance.
Formally, a Child in Conflict with the Law (CICL) is DHL: Service Essays a person who at process, the time of the commission of the offense is what mean below eighteen years old but not less than 15 years and one day old. In this Krusada episode, Henry Omaga Diaz posited imperative questions: Are the Children in Conflict with. Childhood , Children , Crime 940 Words | 3 Pages. Prop 21 As the process re-engineering, years go by are the different types of plagiarism the amount of children being tried as adults is increasing and what many don’t see is business process we have to make a change to . that. DHL: Service! The juvenile justice system was created in process re-engineering the late 1800s to improve the U.S. policies regarding youth offenders. It is believed youth could be rehabilitated and needs to be protected and kept separate from the adult criminals. But when California passed Prop 21 the policy changed and what does, young offenders were punished rather than rehabilitated. Business Re-engineering! According. Childhood , Children , Crime 1521 Words | 4 Pages.
Youth Welfare and Juvenile Justice. There are many government activities and programs in various areas related to about Threatening Disease the youth welfare. Family support service, education and training and health . services are vital. Sometime Government have relatively defined policies for families and children but youth policies are not defined very clear or so well-articulated. Education and training for youth people are to be provided where the young people problematic areas occur such as drug use, law and order issue which are considered ‘at risk’. Childhood , Children , Conduct disorder 2329 Words | 7 Pages.
2012. 12:00P.M – 3:00 P.M 1. Re-engineering! Education: What type of Threatening, activities were the children engaged in during your visit? The Head Start center I . Business Process Re-engineering! observe is a half-day program. The activities I observe were: children arrival and drop off at school, circle time, reading time, lunch and snacks, free play, gym time, teeth brush, and children getting ready to go home. Describe in detail what the DHL: Service Quality Essays, children were doing. The children got drop off at school, and one-by-one, start to business process get on the line to walk into. Childhood , Children , Developmental psychology 2333 Words | 6 Pages.
?Support children in positive behaviour Notice when pupils are behaving well or trying hard Ensure why pupils know why they are being . rewarded Build trust with all pupils to maintain positive relationship Model expected behaviour Use positive recognition such as merit mark Ensure responds are realistic Realistic and consistent and supportive responses to children's behaviour . Does Mean! Being realistic means that when we are managing behaviour we should ensure that we do not give. Children , Cleanliness , Escherichia coli O157:H7 1006 Words | 5 Pages.