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#8220;Who was worse?#8221;: Belgian colonialism in lake purpose, perspective. “As we all know, the examples, history of Belgium in more to the purpose, the Congo is pretty brutal.” This above phrase was uttered by The Dangers of Human Essay, Emma Kennedy, a British actress and television presenter, during the more to the lake purpose, course of cite video chicago a discussion on the explorer Stanley for the satirical history programme #8216;The Rest is History#8217;. The quote is more to the lake, provided not because Ms. Kennedy is an gender equality in the uk expert on the subject, but because it summarises a commonly-held opinion in the United Kingdom. Belgian colonialism, in the British mind, epitomises ‘bad’ colonialism, characterised by violent excess, greed and once more lake venality. The unspoken inference, of course, is that other colonialism, ‘our colonialism’ perhaps, was simply different and, by intraracial racism, extension, less nasty. So common is once to the purpose, this belief that I think it deserves some further consideration and points to something a little deeper. Tshibumba Kanda-Matulu#8217;s painting Colonie Belge. The essence of colonialism – especially that in Africa – was coercion. Gender Equality In The. The French thinker Frantz Fanon, writing at more purpose the time of the Algerian War, described it as a ‘plague’ of which violence was more than a simple part. Meaning. He went as far as to describe colonialism itself as ‘violence in its natural state’.

Violence was essential to colonise to start with, and later was required to more, keep Africans #8220;in their places#8221; in cite youtube video chicago, mines or on plantations. The colonised had to once to the purpose, realise that any resistance could, at gender uk any time, be crushed by once more to the lake purpose, the iron fist of the examples drugs, colonial state. Once More To The Lake. Unsurprisingly, therefore, there is plenty of evidence for examples, Belgians exercising considerable violence in once more to the, the Congo. Aside from the Free State period, it was Belgians who fired on marks and spencer Congolese strikers in Elisabethville in 1941 and, indeed, on more lake a number of occasions both before and after. But, at examples the risk of pulling up a tu quoque argument, they were certainly not alone in purpose, doing so. Equality Uk. Which brings me to once lake purpose, the essence of my argument. While Belgian colonialism in the Congo far from marks and spencer objectives ‘nice’ – no-one could possibly deny its coercive attributes – was it really much ‘worse’ than in once to the, other colonial regime? Britain#8217;s own colonial past is far from examples drugs spotless, yet I wait in vain for once more, comparable, knowing-comments about British colonial atrocities on Radio 4. Marks And Spencer. Portugal and once more to the France, likewise, ended up fighting prolonged and bloody wars on their colonies’ soil, in addition to in the, maintaining exploitative systems of forced labour. Could highlighting of the flaws of lake purpose Belgian colonialism be a veil behind which the racism, nastier parts of once to the lake Britain’s own colonial heritage can be hidden? But even so, spotlighting Belgium seems a bit ill-conceived. Like Britain, Belgium#8217;s ?uvre colonial was, from the outset, cloaked in a veil of humanitarianism.

Like the racism, British, the once more to the lake, Belgians were reluctant colonialists who only seem to robert frost out out, have taken a significant material interest until the aftermath of the once more purpose, Second World War. The one difference was the way in which the colonies were ruled. The British and French favoured the intraracial racism, proxy power wielded by ‘indirect rule’ while the more to the lake, Belgians considered this merely inefficient. The ‘modernisation’ of Congolese agriculture and society was directly overseen by meaning, Belgian administrators rather than co-opted African ‘customary’ authorities. More Purpose. This did not necessarily mean that the Congolese were subjected to robert frost out out, more oppression than the indigenous Rhodesians over the colony#8217;s southern border. Once. Indeed, the in the uk, Congo required a reputation for being well-run – at least in European circles. The Oxford History of the Twentieth Century does not step out of to the purpose line when it notes that: ‘By mid-century [i.e. the 1950s] the Belgian Congo had acquired the reputation of gender equality in the a model colony#8230; By the once purpose, standards of the meaning of voyeurism, time, Belgian rule was benevolent and once to the purpose efficient. No other colony had better labour conditions, health facilities or primary education.

No other perhaps was so paternalistic.’ Of course, this would have been little consolation to the Katangese mineworkers of the time but it does, very clearly, contradict the idea of Belgian rule in cite chicago, the Congo as one of unrestrained – or at lake purpose least, atypical – brutality. Gender. I suggest then that the British argument rests on two principle foundations – almost ‘folk memories’. The first, of course, is the legacy of Leopold II and, above all, the moral outrage campaign against lake purpose, his rule in and spencer objectives, the Congo. Contrary to more to the purpose, Adam Hochschild#8217;s contention in meaning, King Leopold’s Ghost , this had never been ‘forgotten’. More. I vividly remember my grandmother, a proud English non-conformist, telling me how her parents scared her and Cloning Essay her sister with it. Once To The. Something along the out out, line of ‘if you’re not good, King Leopold will come and get you’. It was this memory, I would argue, which stimulated the once lake purpose, ridiculous faux-outrage (and trite Holocaust comparisons) which greeted the Cloning, publication of more lake purpose King Leopold#8217;s Ghost in the international press. The second memory is the Essay, bloody period of decolonisation in once more lake, the 1960s. Patrice Lumumba was hardly loved by the British, who may have collaborated in essay skeleton, his assassination, but there is once lake, no denying that what followed it provided the British and French with a moral exemplar of how decolonisation could be done badly. In the words of The Oxford History again, ‘the phrases ‘Congo’ and ‘post-colonial chaos’ became synonymous.’ Not, of course, that the Mau Mau uprising or Rhodesian UDI was much less messy.

At a time when Britain#8217;s own colonial past came under scrutiny, the gender equality in the, Belgians (and, to a lesser extent, the Portuguese) could serve as interesting scape-goats to illustrate ‘what we weren’t like’. Lake Purpose. I’d reiterate that this is not a colonial apology. Merely, I#8217;d argue that if Belgian colonialism is to serve a rhetorical function in people’s arguments – something that should not be encouraged – it should at least be used correctly and essay skeleton judged, not on once more to the lake purpose things done by others before or afterward, but on equality in the uk its own historical record. More Purpose. The ill-treatment of the Congolese by Belgians neither excuses nor legitimises the similar ill-treatment of others by intraracial, the British. Instead of constructing elaborate self-justifications, Britain should simply face its own colonial past with an once more open mind. How Can One Not Be Interested in equality in the, Belgian History? “Belgium rarely attracts outside attention. Once To The Purpose. Yet the country is more than fine chocolates, delicious beers or Tintin.” —B. Barnard et al., How Can One Not Be Interested in examples, Belgian History: War, Language and Consensus in once more to the, Belgium since 1830 (Dublin, 2005). How To Cite Youtube Video. As well as the title of an excellent book, “How Can One Not Be Interested in more to the purpose, Belgian History?” is a fair question. Marks And Spencer Objectives. Although English speakers habitually interest themselves in the histories of once France and meaning of voyeurism Germany, Belgium remains an unknown quantity.

This is even true for those foreign expatriates who actually live in to the lake, Belgium. In short, virtually everyone except the Belgians themselves is how to, ignorant of it. This is a real shame for once more to the lake, a number of reasons. How To Video Chicago. Not only is Belgian history interesting in its own right, it provides a fascinating counterpoint to our preconceived notions of what European history actually “is.” Whereas 1789 might have marked the birth of once purpose enlightened liberalism in France, it also marked its defeat in Belgium’s Brabant Revolution. While France secularised and Germany militarised, Belgium marched resolutely in in the uk, the opposite more to the purpose, directions. Frost. Yet, at the same time, Belgium could also boast unprecedented industrialisation, was something of an once lake early spiritual home for early Socialism and a truly unique Geopolitical situation.

It is intraracial, not, as some Anglophones would like to believe, merely the story of once more lake a single long, drawn-out and essay skeleton ultimately totally-irreconcilable clash between the Walloons and the Flemish. It is also a shame because Belgian historians, like their Dutch colleagues, have spent a great deal of once lake effort making the field accessible. Cite Youtube. Despite being fascinating, few historians will be bothered to learn Dutch or, indeed, French (which would usually be essential) on a whim alone. Once Purpose. A great deal of new publications, not least the Journal of Belgian History , are now routinely made available in how to, English language. Once To The. It is something anyone, with just a little bit of time and curiosity, can access without difficulty.

This blog, if it hopes to do anything at examples of legal drugs all, has the simple aim of showing how interesting, diverse and important the field of Belgian history really is. To The Lake. From the Cloning Essay, barricades of 1830s Brussels to more to the lake purpose, the shore of the Congo River via the grey skies of the The Dangers Cloning Essay, German occupation, there is once to the purpose, a certainly no shortage of topics which should interest everyone from the how to cite, expatriate to the student. Hopefully.

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Once more to the lake purpose

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paul powell resume Executed March 18, 2010 9:09 p.m. by Electric Chair in Virginia. 11th murderer executed in U.S. in 2010. 1199th murderer executed in U.S. since 1976. 1st murderer executed in Virginia in 2010. 106th murderer executed in once to the purpose, Virginia since 1976. (Race/Sex/Age at Murder-Execution) (Race/Sex/Age at Murder) Powell described how he went to the home of 16 year old Stacie Reed because he was angry at her for examples of legal drugs having a black boyfriend. He attempted to rape her and then stabbed her in purpose, the heart when she fought off his advances. Afterward, Powell went downstairs, smoked a cigarette, drank some iced tea and waited for her 14 year old sister, Kristie, to come home from school.

When she arrived, he raped her, slit her throat, stabbed her and The Dangers of Human Cloning, left her for dead. Once Lake! When police reached her, they asked who had done this to her. Kristie mouthed two words: Paul Powell. Kristie survived and testified against Powell. Powell's first capital murder conviction was thrown out on examples, appeal when the court ruled that there was insufficient evidence to prove that he had attempted to rape Stacie.

Believing he no longer could face a death sentence, he wrote the Prosecutor an abusive letter in which he admitted he attempted to rape Stacie and boasted about the crimes in horrific detail. Powell v. Commonwealth , 552 S.E.2d 344 (Va. 2001) (Direct Appeal-Reversed). Powell v. Commonwealth , 590 S.E.2d 537 (Va. 2004) (Direct Appeal). Powell v. Warden of Sussex I State Prison , 634 S.E.2d 289 (Va.

2006) (State Habeas). Powell v. Kelly , 562 F.3d 656 (4th Cir. Lake Purpose! 2009) (Federal Habeas). Not released to the public. Powell executed for The Dangers Cloning Essay teen’s 1999 murder in Manassas, by Frank Green. (March 19, 2010) JARRATT -- Paul Warner Powell died in the electric chair last night for the 1999 capital murder of a 16-yearold girl in her Manassas-area home. Powell, 31, was sentenced to death for the Jan. 29, 1999, slaying of Stacie Reed, who was stabbed to death with a survival knife. After killing her, Powell then waited for her 14-year-old sister to return home from school, raped her, cut her throat, and left her for dead. Kristie Reed lived and testified against him. Given a chance to make a last statement, Powell declined.

The girls' mother, Lorraine Reed Whoberry, and Kristie were among the witnesses to Powell's electrocution. He was pronounced dead at 9:09 p.m., Larry Traylor, spokesman for once to the lake the Virginia Department of Corrections, said outside the Greensville Correctional Center where executions are carried out. A half-dozen members of Virginians for Alternatives to the Death Penalty held a candlelight vigil in a field near the prison. They prayed for Stacie Reed and expressed their opposition to the death penalty. On Wednesday, Stacie's loved ones got to hear Powell express something for which they had waited 11 years: He said he was sorry. Whoberry, who now lives in Cincinnati and was in the Richmond area on how to cite youtube chicago, her way to once more purpose witness the execution, revealed yesterday that she had a conference call with Powell the previous day. He was able to how to cite say he was sorry, and he made the point several times that [the crime] was senseless, it was pointless. Once More! . . . He couldn't really give us a reason why, she said. I think it was heartfelt. It wasn't a big to-do thing.

It was just a simplistic, 'I'm sorry,' and I accept that, Whoberry said. Powell's lawyer Jonathan P. Sheldon said immediately after the execution that the man that was executed tonight was a different person from the person who committed these crimes 10 years ago. Sheldon said Powell was extremely remorseful and gender equality, knew he was the only one to to the purpose blame for what happened. Prince William County Commonwealth's Attorney Paul B. Essay Skeleton! Ebert, a witness to the execution, said: It's a relief he won't be able to taunt any victims anymore. Whoberry's call with Powell was made in Sheldon's Fairfax County office and was attended by Kristie and once to the, other family members. Whoberry said one of her sisters, Theresa Davidson of intraracial racism, Texas, kind of facilitated the conversation. The call lasted, with some interruptions, for once more lake purpose an hour to an hour and intraracial racism, a half. Once To The! As the conversation went on, he was able to open up a little bit more.

He wasn't belligerent, he didn't raise his voice. It was very civil, she said. Gender Equality In The! The questions that we asked, he answered to once more to the the best of his ability. Gender In The Uk! I did ask him at some point if he had forgiven himself, and he got emotional and once more to the lake purpose, he said, 'No.' And I said, 'Well, I hope your relationship with God is something that you can work through . . . before tomorrow night,' and we let him know that we are praying for him and his mom, his family, Whoberry said. Sheldon said last night that he and Whoberry hoped to work together to get legislation passed that would enable loved ones to cite video chicago visit with inmates on more, death row. He said that the conference call was so productive for both sides. . . . It allowed him to how to cite chicago take responsibility and to show remorse. However, he said, it being over the telephone took something away from purpose it.

Whoberry said she has forgiven Powell, for her own sake, and that she had hoped to meet with him. Authorities denied permission for a meeting with Powell, who was abusive toward the family and of Human Cloning, law-enforcement officials in letters after his arrest. Powell's first capital murder conviction was thrown out on appeal. The Supreme Court of more to the purpose, Virginia ruled that even with Kristie's rape, Powell had to meaning of voyeurism have raped or attempted to rape Stacie to be convicted of once more purpose, capital murder. Believing he no longer could face a death sentence, he wrote Ebert an of legal abusive letter in which he admitted he attempted to rape Stacie and boasted about the crimes in to the lake, horrific detail. The letter provided grounds for Powell to essay skeleton be tried again for capital murder and sentenced to death.

All of his appeals were rejected, and purpose, Gov. Bob McDonnell turned down his clemency request last week. Powell boasted about the meaning of voyeurism crimes in his letter to Ebert. It was heart-wrenching to read that letter. To know a lot of the details that we couldn't prove or didn't know in to the, the first trial, Whoberry said earlier yesterday at a news conference in Henrico County. Equality! It was horrible, but I also knew he had signed his own death warrant, she said. Once To The Lake Purpose! The news conference also was attended by Kristie, Whoberry's husband, her mother and essay skeleton, two sisters, all of whom were slated to witness the execution. This is the day we've been waiting for, for 11 years, Whoberry said yesterday afternoon. There really aren't any words to express how I feel right now. . More Lake Purpose! . . Essay Skeleton! I know that for myself, it's been a long road. Hopefully, when this is done and it is final, we can look back and more to the lake purpose, find the positive things that came out of how to youtube, this that we strived so hard to make happen. My thoughts and prayers go out to once to the his family.

This is going to close a chapter in essay skeleton, this journey that we've been on, she said. I can't imagine what he is feeling, she said around 4 p.m. But, again, it was his decision to do what he did, not mine. I know that justice will be served according to whatever God has in more to the lake, mind for him. Powell chose to die in the electric chair instead of by injection. Virginia death row inmates were given the essay skeleton choice starting in once to the, 1995. If an inmate refuses to choose, injection becomes the video chicago default method. Two cycles of once more to the lake, electricity are used in executions, each lasting 90 seconds with a slight pause between them. Video Chicago! Since the choice was made available, 76 inmates have died by injections and now six by more to the purpose electrocution. Powell's execution was the 106th in Virginia since the U.S.

Supreme Court allowed the death penalty to resume in 1976. His death leaves 12 men and meaning, one woman sentenced to once more to the lake death in the state. Traylor said Powell spent his last day meeting with his immediate family members and lawyers. Video Chicago! He said Powell has spiritual advisers, but as of early yesterday afternoon he had not met with them. Before the execution yesterday, Ebert said the process has been difficult for Stacie Reed's family. To The Lake! He said that after the execution, I'm hopeful they will have some solace and some closure and will go on about their lives.

Man who bragged about intraracial racism crime executed, by Dena Potter. (Associated Press March 19, 2010) JARRATT - A man who killed a teen girl and then bragged about it to prosecutors once he thought he could not face the death penalty was executed Thursday. More To The Lake Purpose! Paul Warner Powell, 31, died by electrocution at 9:09 p.m. at Greensville Correctional Center in Jarratt. He chose electrocution rather than lethal injection. Powell appeared emotionless as guards strapped him to the oak chair and attached metal clamps to his right calf and The Dangers of Human Essay, head. When asked if he had any last words, he remained silent and once more to the, stared at of legal the ceiling. Powell was convicted in 2000 and sentenced to once more lake death for fatally stabbing 16-year-old Stacie Reed of Manassas. How To! He also raped and attempted to kill her 14-year-old sister. Lake! The Virginia Supreme Court overturned that verdict, and Powell wrote a taunting letter to prosecutors detailing the crime. He was convicted again in 2003. In his four-page, profanity-laced letter to Prince William County Commonwealth's Attorney Paul Ebert, Powell described how he went to Stacie's house because he was angry at gender equality in the uk her for having a black boyfriend.

He wrote that he attempted to rape her and then stabbed her in the heart when she fought off his advances. Afterward, Powell went downstairs, smoked a cigarette, drank some iced tea and waited for her younger sister, Kristie, to come home from school. He raped her, slit her throat, stabbed her and left her for dead. Kristie survived and testified against Powell. The Associated Press usually does not identify victims of sexual assault, but Kristie, now 25, gave permission for her name to be used.

Kristie and the girls' mother, Lorraine Whoberry, witnessed the once lake execution with Ebert, who said he believed they got some solace from the execution. Being able to witness him leave the earth was an emotional experience for them, but an experience that gave them a lot of relief, he said. Earlier Thursday, Whoberry remembered Stacie as a friendly, headstrong girl who decided as a freshman in high school she wanted to be the first female Navy SEAL and a week later shaved off all her hair. Of Human Essay! During an afternoon news conference, Whoberry said she hoped the execution would close a chapter in the journey we've been on. Kristie declined to make a statement. Later, the family told the Richmond Times Dispatch that they talked with Powell by phone for more than an hour on Wednesday.

He was able to once more say he was sorry, and he made the point several times that (the crime) was senseless, it was pointless . he couldn't really give us a reason why, Whoberry told the newspaper. It was just a simplistic, 'I'm sorry,' and I accept that. Whoberry said Powell told her he had not forgiven himself and she told him she hoped he could reconcile with God before the execution. We let him know that we are praying for him and youtube, his mom, his family, she said. Powell's attorney, Jonathan Sheldon, said Powell was extremely remorseful for his crime. When asked why Powell did not make a final statement, Sheldon said, He made a last minute decision and said, 'You know, the people who need to lake hear from me heard from how to chicago me.' Powell was the second consecutive Virginia inmate to choose electrocution over lethal injection. Larry Bill Elliott was electrocuted in November. Sheldon said many inmates fear that the three-drug lethal cocktail used in injections won't be administered correctly and that they'll suffocate. If not done properly, an inmate could be paralyzed by one of the three drugs used and yet conscious while another of the drugs kills, Sheldon said. Of the 35 death penalty states, seven Southern states still offer electrocution.

Powell was the 106th Virginia inmate executed since the U.S. Supreme Court reinstated capital punishment in once to the purpose, 1976. Only Texas, with 451, has executed more inmates. Virginia executes man in 1999 murder of woman, rape of her sister, by meaning Josh White. (March 19, 2010) Kristie Reed was on the basement floor, her throat and wrists slashed. Her older sister, Stacie, was upstairs, dead from a stab wound to the heart.

When police reached Kristie, who was then 14 years old, an officer leaned in and asked who had done this to her. Kristie mouthed two words: Paul Powell. On Thursday night, more than 11 years later, Paul Warner Powell, 31, was executed in Virginia's electric chair. He was declared dead at 9:09 p.m. To The Lake! The Jan. 29, 1999, murder of one sister and The Dangers, the rape and to the, near-slaying of the other in Manassas were among the most notorious crimes in the region's recent history. Besides the savage attacks, the case was known for Powell's boastful jailhouse letter to Prince William County's chief prosecutor, which provided the crucial evidence that resulted in Thursday's execution. But it was Kristie Reed's eyewitness account that led to Powell's arrest and admission just hours after the slaying. She is left with decade-old memories of her sister and a neck laced with what she calls battle scars.

Formerly against the death penalty, Kristie eagerly awaited Powell's execution. I need to know that he's gone, that we don't have to deal with this anymore, said Kristie Reed, now 25 and an advocate for rape victims. I was totally against the death penalty before this happened, and I didn't know why people would want to do it. But those people haven't been through what we've been through. Now I'm totally for it.

He definitely deserves to racism die. He needs to die for what he did to Stacie. In the end, Powell was silent. The man who was defiant throughout the legal proceedings decided to say nothing after guards strapped him into the oak electric chair in the Greensville Correctional Center. He stared ahead when asked whether he wanted to say anything. Stacie's and Kristie's mother, Lorraine Reed Whoberry, said that the family spoke with Powell by phone Wednesday and lake, that he expressed remorse in essay skeleton, his own way.

Powell acknowledged that the crime was a senseless and pointless thing and said he was sorry, she said. The family witnessed Powell's execution, and Whoberry said she was glad she did because now she knows he is gone. Justice was served, and this chapter has closed, she said. It has been a long decade for Kristie Reed and Whoberry, who have suffered through nearly unbelievable twists and turns. Powell had taunted them with vulgar letters from jail that included threats to kill them. To The Lake Purpose! And the legal case was emotional and difficult. After Kristie Reed took the stand to how to cite video chicago testify against Powell in 2000 -- she never looked him in the eye -- prosecutors secured the first conviction and death sentence. At the hearing in which the judge imposed the once more lake jury's sentence, the forewoman testified on Powell's behalf, saying that she loved him and had made the wrong decision. In 2001, the Virginia Supreme Court threw out Powell's death sentence, ruling that the murder of one girl and meaning, the rape of another could not be considered the once more to the purpose same crime -- a factor necessary for the death penalty. The Dangers Of Human Essay! After the ruling, Powell wrote an insulting letter to prosecutors.

But in it, he admitted that he had tried to rape Stacie Reed, too. That admission tied Stacie's attempted rape to her slaying and led prosecutors to re-indict him. Once Purpose! He was convicted and sentenced to intraracial racism death a second time after another full trial in 2003. Through it all, Powell egged on Prince William County Commonwealth's Attorney Paul B. To The! Ebert, who has now sent 10 people to Virginia's death chamber, nearly 10 percent of all people executed in the state since capital punishment was reinstated in 1982. Uk! Usually unflappable, this case has brought Ebert to tears at times and has made him so close to the Reeds that they consider him part of their family. Post reporter recounts Paul Powell's execution, by Josh White. Once More! (March 19, 2010; 8:00 AM) I was on the scene in Manassas on Jan. 29, 1999, shortly after 16-year-old Stacie Reed was murdered and her younger sister was raped and nearly killed in their home. It was the examples of legal drugs first major crime I covered for The Post.

The crime itself was shocking: Two young girls brutally attacked in their own home by a man not. much younger than I was. It began an once more purpose 11-year journey that included nearly unbelievable twists at almost every stage of the essay skeleton case against Paul Warner Powell, who was executed in Virginia on more to the purpose, Thursday night. The trial is the meaning only time I’ve ever seen a member of the jury testify on behalf of the defendant. It is the only case I’ve covered during which the defendant sent vulgar and intimidating letters to once more to the lake the family of his victims. And it is the only case I’ve ever heard of that involved a defendant beating his death sentence -- only to turn around and admit additional elements of the crime to The Dangers of Human Cloning Essay a prosecutor, which then led to another death sentence. It was also one of those rare cases in which there was no question who the once to the lake purpose assailant was -- Kristie. Reed survived the intraracial racism attack and identified Powell -- and that he did, in fact, commit the more to the lake crime. There was overwhelming physical evidence, and he fully confessed shortly after he was caught. The case came to a conclusion with Powell’s execution in Virginia’s death chamber at the Greensville Correctional Center in Jarratt. He was 31 years old.

I have previously described an gender equality uk electrocution in Virginia’s electric chair, as I witnessed Larry Bill Elliott’s execution in November. This one was quite similar. More To The Lake Purpose! Powell was moved from death row at nearby Sussex I prison in Cloning, southern Virginia a few days before the lake purpose execution and meaning of voyeurism, put in one of three cells that directly adjoin the death chamber in Greensville’s “L Unit.” There, leading up to his death, he was able to meet with with his mother and brother and his lawyers. On Wednesday, Powell spoke to Kristie Reed and her mother, Lorraine Reed Whoberry, in a meeting that Powell’s lawyer, Jon Sheldon, arranged. The family went to Sheldon’s office in Fairfax and was able to lake speak with Powell by of Human Cloning Essay phone. Whoberry said Powell was remorseful “in his own way,” stumbling through an apology during which he said the crime was “senseless and pointless.” But the man who had sent Whoberry a naked photograph of a woman and compared her to once more to the lake her dead daughter, and who sent obscenity-laced letters to prosecutors, was this week taking responsibility and meaning of voyeurism, saying he was sorry. Sheldon said the phone call was “very, very powerful” and showed Powell’s understanding that what he did was horrifying and shameful. But the phone call produced no answer to why the attack happened. “There is no why,” Sheldon said. “He was rejected by everyone in his life, he had no real friends and no family support. There isn’t a satisfying answer and more purpose, it’s extremely frustrating. Intraracial! Stacie rejected Paul, and for very good reason.

He just couldn’t take another rejection.” Powell spent Thursday preparing to die. Once More Purpose! His head was shaved, as was his right leg, where sponge-lined contacts are placed to complete an electrical circuit. Essay Skeleton! Sheldon said Powell barely ate, and his last meal request was not released to once the public. Media witnesses entered the death chamber at 8:40 p.m. Examples! We were led into a small room inside the chamber. The room is lined with reinforced glass and once more lake, has 20 hard plastic chairs in four tiered rows that face the electric chair. At 8:53 p.m., Powell, handcuffed, entered the room with four guards through a door to the right of the room.

He wore the same light blue shirt and meaning, dark blue pants that all condemned inmates in Virginia wear. The right pants leg was cut off above the knee. More Purpose! He wore flip-flops. Of Voyeurism! Powell looked gaunt and once more lake purpose, pale. He had a stern look and held his chin high. He was placed in the chair and a total of six guards affixed eight straps around his ankles, wrists, upper arms, waist and chest. A clamp was attached to his right leg below the knee, and a metal skullcap was placed on his head with a chin strap. Powell swallowed hard and his eyes darted around the room. At 8:58 p.m., an official switched on a microphone in the room and Powell was asked if he had anything to say. He just stared straight ahead and said nothing.

A minute later, a face mask was put in place, covering him from forehead to chin with just his nose exposed. A guard wiped his face and leg with a white towel. Cloning! After a key was turned in the far right rear of the more lake room, activating the racism system, a man concealed in once lake purpose, an adjoining room hit the of Human Cloning Essay “execute” button on once purpose, a machine that was described as being about the size of of Human Cloning, a top-loading clothes washer. It was precisely 9 p.m. There was a thump as Powell’s body jerked back into the chair. His hands clenched into tight fists and veins swelled as his arms turned red. Smoke rose from his leg. Officials said 1800 volts at 7.5 amps -- about 13,500 watts, or enough to power 135 100-watt lightbulbs -- flowed through his body for once more lake 30 seconds. That was followed by 240 volts at 1 amp for 60 seconds. The cycle repeated. The Dangers Of Human! With the second major jolt, smoke and sparks emitted from Powell’s right leg.

His knee appeared to swell and turn purple. His knuckles went white. At 9:03, the electricity stopped. Everyone waited in silence for once more to the purpose five minutes. At 9:08, a guard walked up to Powell and intraracial racism, opened his shirt. A doctor emerged from a door on the left side of the room and placed a stethoscope on Powell’s chest in search of a heartbeat. There was none. He was pronounced dead at once to the purpose 9:09 p.m., and drugs, a curtain was drawn. Whoberry and Reed watched the lake purpose execution from behind one-way glass. They were joined by Commonwealth’s Attorney Paul B. Ebert, who has sent 10 criminals to death in Virginia, nearly 10 percent of all the people executed since Virginia restarted executions in of voyeurism, 1982.

Ebert witnessed his first execution in November, when sniper John Allen Muhammad was executed by lethal injection. Three more people Ebert has prosecuted are on Virginia’s death row, and once more lake, another committed suicide before he was executed. Ebert said that to him, lethal injection was an anticlimax, as it appeared Muhammad simply went to sleep. Electrocution, Ebert said, appeared to have more finality to it. “It was a little more vivid,” Ebert said afterward. “It felt more meaningful and impressive. But it was still a much more gentle death than Stacie’s.” Richard Leonard, who as a Prince William County police detective interrogated Powell and elicited his confession in 1999, also witnessed the execution and said that it put to how to youtube video chicago rest an 11-year saga and one of the worst cases he’s seen in a career that spans more than three decades. “It involved kids. It was horrible,” Leonard said. “It was such a senseless, terrible thing that happened to a nice family. It changed all of more to the purpose, their lives. … All of these cases are bad, but everyone has one case that haunts them for a long period of time. This is that case.”

Paul Powell dies in electric chair, by Amanda Stewart. (March 18, 2010) JARRATT, Va.—Paul Warner Powell, who killed a 16-year-old Yorkshire girl and bragged about it in a letter to prosecutors, was put to death in Virginia’s electric chair Thursday. Intraracial Racism! Powell, 31, was pronounced dead at once lake purpose 9:09 p.m. at the Greensville Correctional Center in Jarratt. He did not make statement. Powell spent his last hours meeting with his immediate family and cite youtube, attorneys, Virginia Department of Corrections spokesman Larry Traylor said. More! Traylor said Powell made a last meal request, but asked that it not be made public. Powell was sentenced to die for The Dangers of Human Cloning Essay killing and attempting to rape 16-year-old Stacie Reed. On Jan. 29, 1999, Powell entered the Reeds’ Yorkshire home and confronted Stacie, who was home alone after school, stabbed her and once purpose, stomped on her throat until she died.

Powell said he was angry that Stacie had a black boyfriend. Powell then waited in the house, drinking iced tea and essay skeleton, smoking a cigarette, until 14-year-old Kristie came home from school. He tied her up, raped her and stabbed her and left her to once lake purpose die in The Dangers Essay, the basement. To The Purpose! Kristie survived and testified against Powell. Now 25, Kristie witnessed Powell’s execution, alongside her mother, Lorraine Reed Whoberry. On Wednesday, a day before Powell was set to die, Whoberry said she and her family were ready for the execution to happen and to gender equality in the “close a chapter” in to the purpose, their lives. “We’re all kind of anxious, not knowing what to expect,“ Whoberry said. “I’m trying not to go with any expectations. Gender Uk! I’m just hoping I can get through this and be strong for once more to the Kristie.“ Whoberry, who started the intraracial S.T.A.C.I.E.

Foundation to more to the purpose tell her family’s story in seminars to law enforcement agencies around the country, said she has forgiven Powell, but felt the execution was necessary for justice to be served. Whoberry told the Richmond Times Dispatch that they talked with Powell by phone for gender equality in the more than an hour on Wednesday. Once! “He was able to say he was sorry, and he made the point several times that (the crime) was senseless, it was pointless . he couldn’t really give us a reason why,“ Stacie’s mother, Lorraine Whoberry, told the newspaper. “It was just a simplistic, ‘I’m sorry,‘ and I accept that.“ Whoberry said Powell told her he had not forgiven himself and she told him she hoped he could reconcile with God before the execution. “We let him know that we are praying for The Dangers Cloning Essay him and his mom, his family,“ she said. Whoberry and her family, who now live in more to the lake, Ohio, also traveled to meaning of voyeurism the area last July to attend Powell’s execution. That time, the United States Supreme Court issued a stay until they could decide whether to hear Powell’s case. In January, the high court decided it would not intervene. Last week, Virginia Gov. Bob McDonnell also said he would not stay the execution.

It was the first capital case to come before the new governor. Powell was first convicted of capital murder in 2000, but the Virginia Supreme Court overturned that conviction. Then, thinking he could no longer face the once to the death penalty, Powell wrote a taunting letter to examples of legal Prince William Commonwealth’s Attorney Paul Ebert, giving him new evidence by describing how he attempted to rape Stacie. Ebert again indicted Powell for capital murder and in 2003, Powell was convicted and sentenced to die. Once More To The Purpose! Ebert—who has put more men on death row than any other prosecutor in the state—also witnessed Powell’s execution. After the execution, Powell’s attorney, John Sheldon said Powell was “remorseful” in of legal, the hours and days leading up to his death. “The man that we executed tonight was a different person than the lake purpose person who committed those crimes ten years ago,“ Sheldon said. “He was very remorseful and very aware that he brought this on himself.“ Ebert witnessed Powell’s execution Thursday, alongside Kristie Reed and her mother. “I can’t speak for the family, but my sense is this will give them solace and closure,“ Ebert said.“They can go on with their lives.“ Powell was the 106th Virginia inmate executed since capital punishment was reinstated in the United States in 1976.

Now there are 13 inmates on death row including two, Justin Wolfe and Joshua Andrews, both 28, who were convicted in Prince William County. In January 1999, Robert Culver and his fiance, Lorraine Reed, lived together in a small brick home on cite video, McLean Street in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and Kristie Erin Reed. Lake! On January 29, 1999, Paul Warner Powell, then 20, went to visit the Reeds' home. Powell was carrying two knives and The Dangers Cloning, a 9 mm handgun. Stacey, then 16 years old, left home to go to work, and Powell remained there alone with Kristie, who was 14. That afternoon, Kristie called her mother by telephone and informed her that Powell refused to once more purpose leave the home. Meaning Of Voyeurism! Kristie's mother told Kristie to order Powell to leave. Kristie was concerned because Powell kept walking back and forth down the hallway looking in the rooms. On the afternoon of January 29, 1999, Kristie arrived home from school and was startled to find Powell in her house.

She asked Powell where Stacey was. Once More To The Lake Purpose! He replied, she was in her room. Kristie walked to Stacey's room, but Stacey was not there. Then, Kristie turned to enter her own room and saw Stacey's body lying on the floor. Powell, who had followed Kristie to the bedroom ordered Kristie to go downstairs to the basement. Kristie knew that Powell customarily armed himself with a knife. She had previously observed Powell with a butterfly knife and another long knife that was in a brown pouch type thing.

Powell forced Kristie to accompany him to the basement, where he ordered her to remove her clothes. She took her clothes off because she didn't want to die. Powell told Kristie to examples of legal drugs lay on the floor, and then he raped her. After Powell raped Kristie, he dressed himself, and he used shoelaces taken from Kristie's shoes to more to the purpose tie her feet together. He also used shoelaces to tie her arms behind her back. Someone knocked on Essay, the door to the house, and Powell went upstairs, leaving Kristie naked and more to the lake, bound on the basement floor. While Powell was upstairs, Kristie was able to The Dangers of Human Essay free her hands, and she tried to scoot across the floor and hide beneath the basement steps. Powell returned to the basement, removed Kristie's eyeglasses, and strangled her until she was unconscious.

Powell stabbed Kristie in once lake purpose, the stomach, and the knife stopped within a centimeter of her aorta. He slashed her in essay skeleton, her neck numerous times, and the repair of the knife wounds required 61 sutures. Once More To The Lake! She had multiple stab wounds to her neck and video, abdomen. She also had wounds on her wrists. Robert Culver arrived at the home at 4:15 p.m. on more, January 29, 1999. He could not locate Kristie or Stacey. He went to the girls' bedrooms and saw that Stacey's room was in disarray. He entered Kristie's room, turned on the lights, and found Stacey's body on gender in the, the floor.

He observed blood on her body and saw that she was not breathing. When Culver went to lake the basement in essay skeleton, search of a telephone, he discovered Kristie lying naked and more lake purpose, bound on the floor, bleeding from her neck and stomach. He saw that she had been stabbed in intraracial racism, the stomach and her throat was slit pretty severely, many times. Culver found a telephone, dialed 911, and spoke to emergency response personnel. In a recent interview, Robert Culver said the worst part for him are the regrets of that day. He says he had a cold and that his boss told him he could leave early on that day. To The! He almost took him up on the offer, but didn't want the girls to think he came home early because he didn't trust them to be alone. Little things like that, he said. I should have been home.

Although Kristie was experiencing life-threatening injuries, she was able to tell police officers and paramedics that Paul Powell was her assailant. Stacey's death was caused by a stab wound to her chest. The Dangers Cloning Essay! The wound pattern indicated that the blade of the knife pierced her heart and was twisted upon withdrawal. The blade of Powell's knife was consistent with the stab wounds. There were numerous bruises on Stacey's head, neck, chest, abdomen, back, arms, and legs. She suffered stab wounds in her back and arm. She also had abrasions on her left hand and wrist that were characterized as defensive wounds. Stacey's body contained bruises on her lower neck that were consistent with someone stepping or stomping on her face and neck. Police officers arrested Powell on once more lake purpose, January 30, 1999 at the home of examples of legal, a friend.

The police officers also located a blue sports bag that belonged to Powell. A nine-millimeter semiautomatic pistol with a full magazine containing 10 Winchester nine- millimeter cartridges was in the bag. The bag also contained a survival knife with a five and one-half inch blade inside a black sheath and a butterfly knife with a five inch blade. The survival knife sheath contained a dark reddish-brown stain. The DNA profile obtained from the stain on the sheath was consistent with the DNA profile of once to the purpose, Stacey Reed and different from the DNA profile of Kristie Reed and Paul Powell. The probability of selecting an unrelated individual with a matching DNA profile is approximately one in 1.1 billion in meaning, the Caucasian population.

After his arrest, Powell consented to more several interviews with police officers. During one interview, he stated that he had been at the Reeds' home on January 29, 1999 and that Stacey was dead because she was stupid. Powell told the police officers that he and essay skeleton, Stacey had an argument because she had a black boyfriend, and once more to the purpose, Powell didn't agree with interracial dating. Powell claimed that during the youtube argument, Stacey attacked him and scratched his face, and once more lake, then he pushed her to the floor. He claimed that Stacey attacked him again, and that she got stuck on his knife. Powell also initially denied raping Kristie. In a second statement to police officers, Powell admitted that he raped Kristie. The detective who interviewed Powell testified that Powell stated that he had to kill Kristie because she was the racism only witness and he would have to go to jail. More To The Lake Purpose! Powell was sentenced to The Dangers of Human Cloning death in August, 2000. More To The Purpose! In 2001, the Virginia Supreme Court overturned his death sentence, saying that prosecutors had failed to prove that Powell had raped Stacey which was part of the reason for defining the case as a capital murder. A murder that is committed in conjunction with another felony is one of the requirements for a death sentence and the appeals court felt that the rape of drugs, Stacey's sister Kristie was a separate act.

Under the erroneous assumption that this meant he could no longer face the death penalty, Powell wrote two letters to the Commonwealth's Attorney of Prince William County, Paul Ebert. Below is the content of a letter that Powell wrote, dated October 21, 2001. Mr. Ebert, Since I have already been indicted on first degree murder and the Va. Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the rest of what happened on once more to the lake purpose, Jan. 29, 1999, to show you how stupid all of y'all mother f*ckers are. Y'all should have known that there is more to the story than what I told by what I said. You had it in writing that I planned to kill the whole family.

Since I planned to kill the whole family, why would I have fought with Stacie before killing her? She had no idea I was planning to kill everybody and talked and carried on like usual, so I could've stabbed her up at any time because she was unsuspecting. I had other plans for her before she died. You know I came back to how to cite youtube video the house after Bobby's lunch break was over and he had went back to work. Once More To The Lake! When I got back, she was on intraracial, the phone so I went inside and I laid down on the couch. More To The Purpose! When the cab came to bring me my pager, I ran out of the house and she jumped and got off the The Dangers of Human phone and came off the porch to see why I ran out of the once to the lake house like I did. When the cab left we went in the house.

I laid on the couch again and she went to of voyeurism her room and once more lake purpose, got her clothes and went downstairs to do her laundry. Meaning Of Voyeurism! When she went downstairs, I got up and shut and locked the back door and went downstairs. We talked while she put her clothes in to the lake purpose, the wash. Drugs! We continued talking when she had everything in the wash and once more lake purpose, I reached over and touched her ti+ and asked if she wanted to f*ck. She said no, because she had a boyfriend. I started arguing with her because she had never turned anybody down because of having a boyfriend. We started walking upstairs, arguing the whole time.

When we got upstairs we went to her room and she turned the radio off. After she turned the radio off I pushed her onto her bed and grabbed her wrists and pinned her hands down by gender uk her head and sat on top of her. I told her that all I wanted to do was f*ck her and then I would leave and that we could do it the easy way or the hard way. She said she would f*ck me so I got up. After I got up, she got up and started fighting with me and once more to the lake purpose, clawed me face.

We wrestled around a little and then I slammed her to meaning of voyeurism the floor. When she hit the more to the purpose floor I sat on top of her and pinned her hands down again. She said she would f*ck me and I told her that if she tried fighting with me again, I would kill her. When I got up she stood up and of legal drugs, kept asking me why I was doing this and all I kept saying is take your clothes off. Finally she undid her pants and more lake, pulled them down to cite youtube video her ankles.

She was getting ready to take them the rest of the way off and the phone rang. When she heard the phone she pulled her pants back up and said she had to answer the more phone. I pushed her back and said no. She said that she wouldn't say anything about me being there and The Dangers of Human, I told her no and to take her clothes off. She tried to get out of the room again and I pushed her back and pulled out my knife. I guess she thought I was just trying to scare her and lake, that I wouldn't really stab her because she tried to leave again. When she got to essay skeleton me and tried to squeeze between me and the door jam I stabbed her.

When I stabbed her, she fell back against the door jam and once more lake purpose, just looked at me with a shocked look on her face. When I pulled the knife out she stumbled a couple steps and fell in her sister's room. I walked over and looked at her. I saw that she was still breathing so I stepped over her body and into racism, the bedroom. Then I put my foot on her throat and stepped up so she couldn't breathe. Once More Lake Purpose! Then I stepped down and started stomping on her throat. Then I stepped back onto her throat and meaning of voyeurism, moved up and down putting more pressure to make it harder to breathe. When I didn't see her breathing anymore, I left the room and got some iced tea and sat on the couch and smoked a cigarette. You know the rest of what happened after that point.

I would like to once lake thank you for intraracial racism saving my life. I know you're probably wondering how you saved my life, so I'll tell you. You saved my life by f*cking up. There were 2 main f*ck-ups you made that saved me. The first was the way you worded my capital murder indictment. The second was the comment you made in your closing argument when you said we won't know because he won't tell us. One more time, thank you! Now y'all know everything that happened in that house at 8023 McLean St. on Jan.

29, 1999. I guess I forgot to mention these events when I was being questioned. Ha Ha! Sike! I knew what y'all would be able to prove in court, so I told you what you already knew. To The Purpose! Stacey was dead and no one else was in the house so I knew ya'll would never know everything she went through unless she came back to life. Since the Supreme Court said I can't be charged with capital murder again, I can tell you what I just told you because I no longer have to worry about the death penalty. And y'all are supposed to be so goddamn smart.

I can't believe that y'all thought I told you everything. Well, it's too late now. Nothing you can do about it now so f*ck you you fat, c*cksucking, c*m guzzling, gutter slu+. I guess I'll see your bi+ch a$$ on Dec. The Dangers Of Human Essay! 18 at trial because I'm not pleading to shi+. Tell the lake family to be ready to racism testify and relive it all again because if I have to suffer for the next 50 or 60 years or however long then they can suffer the torment of reliving what happened for a couple of days. I'm gone. F*ck you and anyone like you or that associates with people like you.

I almost forgot, f*ck your god, too. Jesus knows how to suck a d*ck real good. To The Lake Purpose! Did you teach him? Well, die a slow, painful, miserable death. See ya punk. Do you just hate yourself for being so stupid and for f*ckin' up and saving me? Sincerely, Paul Powell. In a statement to a police officer on November 2, 2001, Powell gave the essay skeleton following description of Stacey's murder: She walked over to once lake and uh I pushed her back. And then she walked over to gender equality in the uk me again I think and then I pulled my knife out and you know, and she looked at me you know. I guess she thought I wouldn't stab her or whatever. So she tried to once more lake purpose leave and go to answer the phone.

That's that. Essay Skeleton! . . . . After she got stabbed, she just looked at me for a minute you know and then you know, she . . Purpose! .she was surprised and them um, I pulled the knife out, you know she stumbled a few steps, fell down in Christy's doorway. I just walked over and looked at The Dangers Cloning Essay her. And I stepped over more to the lake purpose top of uk, her and stepped on her throat and then stood on her throat and then stomped on her throat . . . Once! then I stood on her throat until I didn't see her breathing no more. Essay Skeleton! . Once To The! . . .What I'm saying I was stepping on her. I'm saying I put all my weight on youtube chicago, her. I'm saying that I put my foot there you know and to the, then I lifted myself up to where I was standing on top of her. Started stomping on her throat. And then man, I just stood on her throat again until I didn't see her breathe no more. Before he raped Kristie, Powell knew that he intended to Cloning kill her. More Lake! In response to a police officer's question: Before you raped Kristie, you knew you were going to kill her; didn't you?, Powell responded: I really didn't have a choice; did I? While incarcerated in jail awaiting his capital murder trial, Powell sent a letter to Lorraine Reed, the mother of Stacey and Kristie.

Powell enclosed a photograph of a partially nude woman. Powell wrote: Lorraine, I was wondering if you might be able to help me think of something. I found this picture in a magazine and intraracial racism, it kinda looks like someone I know or used to know, but I can't think of the persons name. I think you know the person too, so I was wondering if you could tell me the name of the person this picture resembles so I can quit racking my brain trying to think of more to the purpose, it? I would appreciate it. If you don't know the person I'm talking about, ask Kristie or Kelly Welch because I know they know who I'm thinking of. If you talk to the person I'm talking about, please give her my address and tell her to write me. The partially nude woman shown in the photograph resembled Lorraine Reed's daughter, Stacey. Powell wrote a letter to a friend while he was incarcerated. He stated: About when you asked me why I wouldn't do to gender in the uk you what I did to Stacie, I couldn't ever hurt you because you mean to much to me.

See Stacie didn't mean anything to me. She was a ni**er lover and some of her wannabe skin head friends were supposed to kill me. That's part of the reason why she died. Almost everything that happened in that house was planned. Once To The Purpose! The only thing that wasn't planned was trying to drugs f*ck Kristie. What was supposed to happen was, Stacie was supposed to die, and did, Kristie was supposed to die and then I was going to wait for more to the lake their mom and of legal, stepdad to get home and I was going to kill them and then I was going to take their moms truck and then I was gonna go to North Carolina and knock this dude off that stole all of once more lake purpose, my clothes and everything else I owned. I had been thinking about doing it for along time but I could never bring myself to intraracial do it. I don't know what happened to make me finally do it.

I feel bad for doing it. Stacie was a good kid. Powell wrote, in another letter: Hey babe, what's happening? Not too much here. I writing you to once more to the lake see if you could get one of your guy friends to do me a favor. You know that Kristie is telling the cops things and that she is going to testify against me in court. I was wondering if you could get somebody to intraracial go to a pay phone and call Kristie and once to the lake purpose, tell her she better tell the cops that she lied to of voyeurism them and more lake, tell her she better not testify against racism, me or she's gonna die. Powell sent the following letter to the Commonwealth's Attorney of Prince William County: Fat Ebert, What's up you fat head f*cker? I'm just writing to tell you, since you want to kill me so Goddamn bad for killing your ni**er loving whore, set up a court date closer than Oct. 25 so I can go ahead and get this bullshi+ over with and plead guilty so you can kill me and get it over with, unless you want to let me out so I can kill the rest of the ni**er lovers and more lake, all the ni**ers, Jews, Sp*cs and intraracial, everybody else in purpose, this f*cked up country that's not white. That includes you because you are a ni**er loving Jewish f*cking fa**ot.

I will see you in hell bi+ch. Cite Youtube Chicago! your buddy, Paul Powell - P.S. Watch your back! The jury viewed writings and drawings taken from to the lake purpose Powell's jail cell that demonstrated his hatred of people who were not Caucasian. Additionally, the jury heard evidence that Powell told police officers that he was a racist and described his violent racial views. He stated, everybody that ain't white shouldn't – he needs to die. Powell had told a police officer that he wanted to video chicago purchase a gun to kill somebody. Kill a lot of once to the lake, somebodies . . Chicago! . just for something to do.

The jury was aware of Powell's criminal record, including three convictions for contributing to the delinquency of a minor, two larceny convictions, and three felony convictions for more to the lake abduction, rape, and attempted capital murder of of Human Cloning, Kristie. In supporting the jury's finding that Powell's conduct was outrageously or wantonly vile, horrible or inhuman in that it involved . Once Lake! . . depravity of mind and. . . The Dangers Of Human! aggravated battery to the victim beyond the minimum necessary to more to the lake accomplish the act of murder, the criminal appeals court in Virginia commented, The day before Powell committed these gruesome crimes, he went to the victims' home and surveyed the interior of the house. He returned the essay skeleton next day and tried to rape Stacey, who struggled with him. He stabbed her in lake purpose, the heart, twisted the knife, and of legal, reinserted the knife in her heart. He stomped upon her throat and he placed the entire weight of his body on her throat until she died. Next, he drank a glass of iced tea, smoked a cigarette, and waited for Stacey's younger 14-year-old sister to return home. When Kristie arrived, Powell directed her to her sister's body, forced her downstairs into the basement, and raped her on the floor. He then tied her hands and feet while she was naked, choked her until she was unconscious, stabbed her in the stomach, and slashed her neck numerous times in to the, an attempt to gender kill her. Once Lake! After the vicious attacks, Powell had snuck out the back door, leaving Kristie for dead.

He drove with a friend to meaning of voyeurism Washington and bought some drugs, then returned to the friend's girlfriend's house where he drank beer and lake, ordered a pizza. They were still waiting for it to be delivered when police knocked on the door. How To Youtube Video! Powell did not know his younger victim had survived and identified her attacker. Paul Warner Powell. Date of Birth: April 13, 1978. Entered the Row: September 15, 2000. District: Prince William County.

Conviction: Capital murder. Virginia DOC Inmate Number: 285713. On May 5, 2000, a jury in the Circuit Court of once, Prince William County convicted Paul Warner Powell of capital murder, attempted capital murder, abduction, rape, and grand larceny. Powell was 20-years old when he committed the crimes. On January 29, 1999, Powell entered the home of Stacie Reed, a 16-year old acquaintance. The Dangers! Powell was angry because she was dating a black youth and confronted her. After a scuffle, Powell stabbed Reed three times with a survival knife, twice in the heart. Powell remained at the residence until Reed’s 14-year old sister arrived home.

Powell then raped her, slit her throat, stabbed her in the abdomen and once more to the lake, left her for dead. The Dangers! Reed’s sister survived and later testified against Powell. The jury recommended the once more lake purpose death penalty and three life sentences for the convictions. Powell refused to allow his defense to present mitigation evidence during the trial’s penalty phase. Prince William Circuit Judge Herman Whisenant upheld the jury’s recommendation and sentenced Powell to die.

Whisenant rejected a defense motion to overrule the jury because the sentence had not been unanimous. The jury forewoman, Jennifer Melanie Day, testified that had she known life in prison was an option, she would have never voted for a death sentence. In 2001, the Virginia Supreme Court reversed Powell’s death sentence, saying that prosecutors had failed to prove that Powell had raped Reed, part of the reason for meaning of voyeurism defining the murder as a capital case. In October of 2001, Powell wrote letters to Prince William County Commonwealth Attorney Paul Ebert and once purpose, the victim’s family detailing his crimes. The letters served as new evidence, even if the underlying crime was the same. Powell was retried in 2003 that Powell be sentenced to death. The sentence was upheld by essay skeleton the Virginia Supreme Court in January 2004. Powell has been on death row since September 15, 2000. Powell v. Commonwealth , 552 S.E.2d 344 (Va. 2001) (Direct Appeal-Reversed). Defendant was convicted in the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder and related offenses and was sentenced to death.

He appealed. The Supreme Court, Lawrence L. Koontz, Jr., J., held that: (1) it was reversible error to allow pretrial amendment of indictment to charge two new gradation crimes that were not considered by the grand jury; (2) error was harmless, at guilt phase, in prosecutor's commenting on defendant's failure to testify; (3) evidence was insufficient to support conviction; and (4) sentencing verdict form should have allowed the jury the option to impose a sentence of life imprisonment and a fine of up to $100,000. Affirmed in part, reversed in part, and remanded. G. Sufficiency of the Evidence. Powell assigns error to the trial court's failure to strike the evidence as to the abduction of Kristie on the ground that the evidence was insufficient to support a jury finding that the restraint used exceeded that necessary to accomplish the crime of more lake purpose, rape. We disagree. A defendant may be convicted of abduction in addition to essay skeleton “another crime involving restraint of the victim, both growing out of a continuing course of conduct, . only when the detention committed in the act of abduction is separate and apart from, and not merely incidental to, the restraint employed in the commission of the other crime.” Brown v. Commonwealth, 230 Va. 310, 314, 337 S.E.2d 711, 713-14 (1985). Here, there is sufficient evidence to support the finding of the jury that Powell used greater restraint than was necessary to commit rape.FN11 First, Powell ordered Kristie to go to a more secluded part of the home prior to the rape. See, e.g., Wilson v. Lake! Commonwealth, 249 Va. Intraracial Racism! 95, 103, 452 S.E.2d 669, 675, cert. denied, 516 U.S.

841, 116 S.Ct. 127, 133 L.Ed.2d 76 (1995). More! Although Powell did not display a weapon to her at of voyeurism that time, it is clear under the circumstances that Kristie was in reasonable fear for once more lake her life having just discovered her sister's lifeless body and gender uk, being aware that Powell was usually armed. Moreover, after the rape was complete, Powell bound Kristie and left her for some time before returning to attempt to kill her. This restraint clearly exceeded that necessary to accomplish the rape. See Hoke v. Commonwealth, 237 Va. 303, 311, 377 S.E.2d 595, 600, cert. denied, 491 U.S. More To The Lake! 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989). Accordingly, we hold that the trial court did not err in failing to strike the drugs evidence as to the charge of abduction.

Within the more to the purpose same assignment of error, Powell also asserts that the evidence was insufficient to support his conviction for chicago the capital murder of Stacey “during the purpose commission of or subsequent to” the rape of Kristie. Essay Skeleton! There is simply no evidence upon which the jury could have found that Powell committed the rape of Kristie before or during the murder of Stacey. Indeed, it is undisputed that the lake rape occurred after the murder was completed. Accordingly, the evidence was insufficient to meaning support Powell's conviction for capital murder as charged in the amended indictment. FN12. For the reasons previously stated in once more lake, this opinion, Powell's conviction for that crime will be reversed, and he will not be subject to retrial for that offense. Meaning! Accordingly, we need not address the error assigned to the trial court's failure to poll the jury with respect to whether the rape occurred before, during, or after the more purpose murder. Having already determined that Powell's conviction for capital murder will be reversed, we now further determine that there is no basis upon which Powell can be retried for capital murder on remand. The poll of the jury establishes that Powell was acquitted of the charge of capital murder in the commission of meaning of voyeurism, robbery or attempted robbery.

It is once lake, equally clear that there is cite video chicago, simply no evidence upon which the jury could have relied to find that Powell committed or attempted to more to the purpose commit any sexual assault against Stacey before or during her murder, or that the rape of Kristie did not occur after the murder of her sister. Accordingly, under the circumstances of this case, the evidence at best would have supported a conviction for first degree murder. For these reasons, we will reverse Powell's conviction for how to youtube video capital murder, affirm his convictions for abduction, rape, attempted capital murder, and grand larceny, and remand the to the lake case for a new trial on a charge of meaning of voyeurism, no greater than first degree murder for the killing of more purpose, Stacey Reed, if the Commonwealth be so advised. Powell v. Commonwealth , 590 S.E.2d 537 (Va. Meaning Of Voyeurism! 2004) (Direct Appeal). Background: Defendant was convicted in the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder and related offenses and was sentenced to death. More To The! He appealed. Equality In The Uk! The Supreme Court, 261 Va. 512, 552 S.E.2d 344, affirmed in part, reversed in part, and remanded.

On remand, defendant was convicted in to the lake purpose, the Circuit Court, Prince William County, Herman A. Whisenant Jr., J., of capital murder in the commission or attempted commission of sexual assault. Defendant appealed. On consolidation of the automatic review of defendant's death sentence with his appeal, Holdings: the intraracial Supreme Court, Lawrence L. To The Purpose! Koontz, Jr., J., held that: (1) fact that Commonwealth's attorney had read defendant's correspondence, stating “how stupid all y'all are,” was insufficient to disqualify attorney from prosecuting defendant's second murder trial; (2) neither law of the racism case doctrine nor double jeopardy barred retrying defendant for capital murder; (3) probative value of evidence that defendant raped and attempted to murder victim's sister was not outweighed by its prejudicial effect; (4) evidence sufficiently corroborated defendant's letter confessing to once more purpose having attempted to rape the murder victim; and (5) defendant's death sentence was not excessive nor disproportionate to youtube chicago similar cases. Affirmed. OPINION BY Justice LAWRENCE L. KOONTZ, JR. In this appeal, we review the capital murder conviction and sentence of death imposed upon Paul Warner Powell for the murder of Stacey Lynn Reed in the commission of, or subsequent to, attempted rape. Code § 18.2-31(5).

A. Powell's First Trial and Appeal. Powell was originally convicted of the capital murder of Stacey Lynn Reed in once to the, 2000 and sentenced to death. See Powell v. Commonwealth, 261 Va. 512, 530, 552 S.E.2d 344, 354 (2001). In the same trial, Powell was convicted of the abduction, rape, and attempted capital murder of Stacey's younger sister, Kristie Erin Reed, and was sentenced to how to video chicago three terms of life imprisonment and fines totaling $200,000 for those crimes.

FN1 The abduction, rape, and attempted capital murder convictions, as well as a conviction for grand larceny, were affirmed in the prior appeal and are not at once issue in examples drugs, this appeal. Powell had also been tried for lake robbery and youtube chicago, attempted robbery, Code § 18.2-58, and three counts of use of a firearm, Code § 18.2-53.1. He was acquitted of those crimes. Upon review of the capital murder conviction and the death sentence imposed upon Powell, this Court reversed the conviction on once more to the purpose, various grounds including a finding that the indictment charging Powell with capital murder in the commission of robbery and/or attempted robbery had been improperly amended to include a charge of essay skeleton, capital murder “during the commission of or subsequent to rape and/or attempted rape and/or sodomy and/or attempted sodomy.” FN2 Id. at 532, 552 S.E.2d at 355-56. Upon review of the record, we further held that the wording of the indictment limited the Commonwealth to proving that the “gradation crime was a rape occurring before or during the killing,” id. at 538-39, 552 S.E.2d at 359, and there was “no evidence upon which the jury could have found that Powell committed the rape of purpose, Kristie before or during the murder of Stacey.” Id. at 541, 535 S.E.2d at 361. FN2. Following the presentation of the Commonwealth's case-in-chief in Powell's first trial, the Commonwealth had conceded that there was no evidence of how to cite chicago, forcible sodomy or attempted forcible sodomy against Kristie. Powell, 261 Va. at once more 525, 552 S.E.2d at 351. Thus, that aspect of the amended indictment for capital murder from Powell's first trial is not relevant to any issue raised in this appeal. We summarized the consequence of these holdings in the conclusion of the opinion, stating: there is simply no evidence upon which the jury could have relied to find that Powell committed or attempted to in the commit any sexual assault against Stacey before or during her murder, or that the to the rape of Kristie did not occur after the examples of legal murder of her sister. Accordingly, under the circumstances of this case, the evidence at best would have supported a conviction for first degree murder.

For these reasons, we will reverse Powell's conviction for capital murder . and once more, remand the case for a new trial on The Dangers Cloning, a charge of no greater than first degree murder for the killing of Stacey Reed, if the once more to the Commonwealth be so advised. Id. at 545-46, 552 S.E.2d at 363. The mandate from of Human Cloning Essay this Court to the trial court tracked the language of the opinion, and directed that “the case is more to the, remanded . for a new trial on a charge of no greater than first degree murder for meaning the killing of Stacey Reed, if the Commonwealth be so advised.” B. Events and Proceedings Following Remand. On October 21, 2001, Powell wrote an obscenity-laced letter to the Commonwealth's Attorney who had prosecuted Powell in his first trial. FN3 Powell stated in the letter that, because he believed he could not be retried for capital murder, “I figured I would tell you the rest of what happened on Jan. 29, 1999, to show you how stupid all y'all . Once To The! are.” Admitting that he “planned to kill the gender in the uk whole family” on that day, Powell further stated that “I had other plans for [Stacey] before she died.” Powell described how he had attempted to initiate consensual sexual intercourse with Stacey, which he had previously admitted.

Powell then revealed that when Stacey resisted his advances, he pushed her onto her bed and, while sitting on more to the purpose, top of her, told Stacey “that we could do it the easy way or the hard way.” FN3. Powell had previously written to the Commonwealth's Attorney on July 4, 2001, proposing a plea agreement for a first degree murder charge for the killing of Stacey Reed. Powell then described how Stacey had “started fighting with me and clawed me [sic] face.” Powell stated that he “slammed her to the floor . sat on top of her and how to cite, pinned her hands down again.” Powell claimed that Stacey relented “and I told her if she tried fighting with me again I would kill her.” Continuing, Powell stated that, at his direction, Stacey began to disrobe, but stopped when the telephone rang. Once More To The Lake! Stacey put her clothes back on so that she could answer the telephone. In The Uk! Powell refused to allow Stacey to answer the telephone and once more purpose, ordered her to resume disrobing. When she refused, Powell “pushed her back and examples of legal drugs, pulled out [his] knife.” When Stacey attempted to leave the once more lake purpose bedroom, Powell stabbed her.

Stacey fell back and Powell removed the knife. Essay! Stacey then stumbled to once to the lake purpose another bedroom and collapsed. Powell “saw that she was still breathing” and “started stomping on her throat” until he “didn't see her breathing anymore.” The New Indictment Armed with this new evidence, the Commonwealth elected to examples drugs nolle prosequi the indictment in purpose, the remanded case, under which it was limited to trying Powell for first degree murder under our mandate, and sought a new indictment against Powell for capital murder. On December 3, 2001, the grand jury returned an indictment charging Powell with the capital murder of “Stacey Lynn Reed during the commission of or subsequent to the attempted rape of Stacey Lynn Reed.”

C. Powell's Second Trial. Motions to Dismiss the Indictment. On April 24, 2002, Powell filed a motion to dismiss the December 3, 2001 indictment. Powell asserted that “[w]hen the Supreme Court of Virginia issues an gender uk opinion concerning a case, this opinion becomes the law of the case” and, thus, the directive of the opinion and to the lake, mandate from this Court in his first appeal limited his retrial to essay skeleton a charge no greater than first degree murder, regardless whether that trial was conducted under the original indictment or a new indictment. The Commonwealth filed a response to once lake this motion, asserting that the judgment of of legal, this Court in more to the lake, Powell's first appeal was not applicable to examples the December 3, 2001 indictment because Powell had “never [previously] been charged with the capital murder of Stacey Reed in the commission or attempted commission [of] sexual assault against [Stacey Reed] because, at the time of [Powell's first] trial, no such evidence existed.” Accordingly, the Commonwealth contended that the December 3, 2001 indictment was “a new charge, one that has never been litigated in once to the purpose, trial nor considered by the Virginia Supreme Court.” Following a hearing on this and other pre-trial matters, the trial court overruled Powell's motion to dismiss the indictment in intraracial racism, an order dated May 6, 2002. On May 17, 2002, Powell filed a second motion to dismiss the December 3, 2001 indictment.

The briefs filed in once more lake purpose, the trial court in support of and in opposition to this motion parallel the arguments made on appeal with respect to this issue and, accordingly, we will only summarize the essential points of The Dangers Cloning Essay, those arguments here. The import of Powell's argument was that his prior trial and the reversal of his conviction by this Court acted as an “implied” or “judicial” acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on that gradation offense. The Commonwealth responded that the once to the issue whether Stacey had been the victim of a sexual assault was not before the jury in his first trial because the bill of particulars provided at Powell's request indicated that only Kristie was the victim of the sexual assault gradation offenses charged in the amended indictment. Similarly, the Commonwealth contended that our comments concerning the insufficiency of the evidence to prove a sexual assault or attempted sexual assault against Stacey were not directed toward any finding of the jury, but to the contrary were indicative of the fact that the jury did not consider whether Stacey had been the victim of such an assault or attempt. On June 5, 2002, the essay skeleton trial court held a hearing on Powell's second motion to dismiss the indictment. After hearing argument, the trial court stated that by more to the lake purpose identifying Kristie as the victim of the rape or attempted rape in gender equality in the, the bill of once more lake purpose, particulars, the Commonwealth had clearly identified her as the victim of those gradation crimes in the amended indictment for capital murder. The trial court also agreed with the Commonwealth that this Court's reference to the lack of drugs, evidence to prove any sexual assault or attempted sexual assault against Stacey was merely a comment on the record, and not an assertion that this was a theory of the case presented by the Commonwealth in Powell's first trial. Once More! On July 3, 2002, the trial court entered an intraracial order overruling Powell's second motion to dismiss the indictment. Other Pre-trial Motions. On April 25, 2002, Powell filed a motion to have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional on various grounds.

On appeal, Powell reasserts only lake, some of these arguments and does so only in of voyeurism, summary fashion. Accordingly, we will not summarize those arguments in detail here, but will address them within the once to the purpose discussion of the relevant assignment of error, infra. On April 26, 2002, Powell filed a motion seeking to have the meaning Commonwealth's Attorney's office disqualified from prosecuting his case. Powell contended that the Commonwealth's Attorney had a conflict of interest because he was a key “chain of once to the lake, custody witness” with respect to his receipt of Powell's October 21, 2001 letter “confession” to the attempted rape of Stacey. Essay Skeleton! Powell further contended that the once more to the offensive nature of that letter and his other conduct toward the Commonwealth's Attorney had created such a level of animosity that the Commonwealth's Attorney would not be able to objectively pursue justice, but would instead seek to satisfy a personal vendetta against Powell. Powell further contended that this taint of bias extended to every attorney in the Commonwealth's Attorney's office, and further asserted that these attorneys would be potential witnesses called to give testimony concerning the Commonwealth's Attorney's personal animus against Powell.FN4. FN4. Powell further contended that one of the Assistant Commonwealth's Attorneys while in private practice had represented Powell in an unrelated criminal matter and, thus, had a conflict of interest.

Powell does not reassert this issue on appeal. On May 1, 2002, the Commonwealth filed responses to Powell's motions to have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional and to disqualify the Commonwealth's Attorney's office. With respect to essay skeleton the former, the to the purpose Commonwealth asserted that all the issues raised therein had previously been considered and rejected by this Court, and there was no cause for essay skeleton the trial court to revisit them. As to more to the purpose the latter, the Commonwealth asserted that there was no evidence of bias on the part of the Commonwealth's Attorney or other members of his office and denied that there was any such bias, that the manner of establishing the chain of custody of Powell's letter was not the defense's concern, and that the questions of an essay skeleton appearance of impropriety should be raised through a disciplinary complaint proceeding. On May 6, 2002, in the same hearing in which the trial court heard argument of Powell's first motion to dismiss the indictment, the trial court also heard argument on Powell's motions to have Virginia's statutory scheme for charging a capital crime and imposing a death sentence declared unconstitutional and to to the disqualify the Commonwealth's Attorney's office from prosecuting the of voyeurism case. Following that hearing, the trial court entered an order overruling these motions without comment. On December 11, 2002, Powell filed a motion to exclude any evidence concerning his abduction, rape, and attempted murder of Kristie Reed from his trial. More To The Lake Purpose! Powell contended that because he was charged only with the capital murder of Stacey Reed predicated on how to youtube, an attempted rape of to the, her, evidence of racism, his subsequent attack on Kristie was irrelevant or that any probative value it might have would be overborne by its unduly prejudicial effect on once more, the jury.

The Commonwealth did not file a response to this motion, but during oral argument in a hearing held December 23, 2002, the Commonwealth asserted that evidence concerning the how to youtube video attack on Kristie was part of a continuing criminal enterprise and more to the purpose, was relevant to show Powell's motive and intent in intraracial, attempting the rape of Stacey. Also on once more to the purpose, December 11, 2002, Powell, alleging that the meaning United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) had called into once to the lake, question prior judgments of meaning, this Court concerning the issue, filed a motion seeking to have Code § 19.2-264.4(B) declared unconstitutional because it permits a jury to consider evidence relating to the future dangerousness and vileness aggravating factors without full protection of due process to the defendant to confront witnesses. Powell also asserted that the statutory definitions of the aggravating factors are vague and, thus, would likely result in more to the, “unreliable” jury verdicts. The Commonwealth filed a brief in essay skeleton, response to this motion, asserting that the issue of the constitutionality of Code § 19.2-264.4(B) is settled law.

On December 16, 2002, Powell filed a motion to suppress various statements he made to police during the initial investigation of the crimes. Powell alleged that after giving an once to the lake initial statement following waiver of intraracial racism, his Miranda rights, he advised police that he had nothing more to say. Thereafter, Powell contended, any statement he made to police without a readvisement and waiver of more to the, his Miranda rights should be suppressed. Of Voyeurism! The Commonwealth responded that the once more suppression issue had been decided in Powell's first trial and, thus, the doctrine of res judicata barred consideration of the issue in his second trial. FN5 Powell filed a supplemental motion on December 17, 2002 asserting that a statement taken by an investigator on November 2, 2001, while Powell was in prison following his first trial, should be suppressed because his counsel was not present. The Commonwealth responded that Powell had been advised of and waived his Miranda rights prior to giving this statement and that he was not entitled to counsel under the gender equality in the Sixth Amendment at that time because he had not yet been indicted for the offense for which he was then on trial, and the formal proceedings on the prior indictments had concluded. FN5. Powell did not contest the once to the lake trial court's failure to suppress his statements in in the uk, the appeal of his first conviction. In summarizing its rulings on once lake, these motions during the December 23, 2002 hearing, the trial court stated that it found Powell had waived his Miranda rights with respect to the statement made after his first trial but prior to the bringing of the racism second indictment and, thus, the statement was not barred by once more to the purpose either the Fifth or Sixth Amendments. The trial court also indicated that it would deny the motion to suppress the statements from the initial investigation of the meaning crimes, incorporating by reference the finding made during the first trial with respect to those statements.

The trial court further found that evidence of Powell's attack on Kristie was admissible as being part of a common scheme and to show consciousness of guilt. The trial court entered an once more to the lake omnibus order denying all these motions as well as the motion challenging the constitutionality of gender in the, Code § 19.2-264.4(B). Powell's second trial commenced on January 13, 2003. To The Lake Purpose! The trial court conducted voir dire of the venire in panels of five potential jurors. In questioning the first panel, the examples of legal drugs trial court inquired whether “any of you have acquired any information about the alleged offense, or of the accused from the news media, or other sources in purpose, this particular matter?” The five panel members indicated that they had not.

The Commonwealth further inquired whether “[i]f during the course of Cloning, trial you should hear something which would jog your memory about the publicity, would you be able to set that aside and render your verdict based solely on what you hear in the courtroom?” The five panel members each indicated that they could do so. During his voir dire of the first panel, Powell's counsel attempted to ask the following question: You're going to hear in this case that the Defendant has already been tried and convicted of capital murder at purpose one point, and he's serving life sentences for other crimes. Cite Youtube Video Chicago! You're also going to once more lake hear that the Supreme Court of Virginia overturned the- At this point, the Commonwealth objected and The Dangers of Human Essay, during a bench conference, referencing Barker v. More To The Lake Purpose! Commonwealth, 230 Va. 370, 375, 337 S.E.2d 729, 733 (1985), asserted that, as the racism panel had already indicated that they had not heard of the case previously, Powell's counsel's question concerning the prior trial and appeal “may, in to the, fact, taint” the members of the panel and disqualify them from serving on the jury. Powell's counsel responded that because the evidence would disclose the Cloning fact of his prior convictions and the reversal of his capital murder conviction and once more to the lake purpose, death sentence on appeal, the prohibition of of Human, Barker did not apply. He further contended that because a jury's knowledge of a prior conviction was potentially prejudicial to the defendant, it was a “tactical decision that we've made . and more purpose, we wish this evidence to come forward.” Thus, he contended that it was proper to examples of legal drugs explore the potential jurors' bias that would result from once to the lake purpose hearing that evidence. The trial court ruled, even though it agreed that this was a “unique case” because the evidence would establish the fact of the The Dangers Essay prior conviction and appellate reversal, “the Barker case is still good law.” Accordingly, the trial court concluded that “we have to start off with a jury that does not have” knowledge of the prior trial, conviction, and appeal. Accordingly, the trial court ruled that Powell could not question the more to the lake jurors about their potential bias based upon such evidence being likely to be presented during the trial.

The Commonwealth then inquired, “Are we going to strike this panel or will the Court instruct the panel to disregard the question?” When the trial court indicated that it would instruct the examples of legal drugs panel to disregard the question, Powell's counsel objected that he was “not sure that instructing them is sufficient . if they've already been told-.” The trial court cut off the objection, stating that the members of the more to the purpose panel had already indicated they were unaware of the case and of Human Cloning Essay, that “all I can do is tell them to disregard the question.” Guilt-Determination Phase Apart from the once new evidence of racism, Powell's October 21, 2001 letter to the Commonwealth's Attorney in which Powell confessed to the attempted rape of Stacey, the once purpose evidence presented during the guilt-determination phase of Powell's second trial was not markedly different from equality uk that received during the once lake purpose first trial. Because we have thoroughly recounted that evidence in reviewing his first trial, see Powell, 261 Va. at how to youtube 518-520, 552 S.E.2d at 347-348, and Powell does not challenge the sufficiency of the evidence except with respect to proof of the attempted rape of Stacey, we need not reiterate the full extent of the evidence, but will suffice with a summary of the essential details. Powell, who was twenty years old at the time of the crimes, had been acquainted with Stacey and her family for approximately two-and-a-half years. Powell, a self-avowed racist and white supremacist, objected to Stacey dating Sean Wilkerson, a black classmate of once lake purpose, Stacey's. Id. at 518, 552 S.E.2d at 347. Stacey arrived home just before noon on January 29, 1999 to find Powell waiting for her. When Powell learned that Robert Culver, a friend of the girls' mother, would be home shortly for lunch, Powell left, but returned at about 12:45 p.m., after Culver had left. When Powell returned, he was armed with a survival knife, a butterfly knife, a box cutter, and a 9-millimeter pistol. Id.

During the initial investigation, Powell claimed that he and racism, Stacey had argued about her relationship with Wilkerson and in an ensuing struggle, Powell drew the survival knife from his belt and Stacey “got stuck.” Id. Although Powell denied stabbing Stacey deliberately or otherwise injuring her, an autopsy revealed that she had suffered multiple blunt force injuries to lake purpose her head, neck, and cite video, upper body not consistent with her merely having fallen during a struggle, but consistent with a deliberate stomping. Once To The Lake Purpose! The autopsy also showed that the wound to Stacey's chest was consistent with the knife having been twisted and partially withdrawn and essay skeleton, reinserted. Id. at 520, 552 S.E.2d at more purpose 348. Powell denied having attempted to sexually assault Stacey, but when questioned again on that point would not give the investigator “a straight answer.” Powell later told police that he “probably” raped Kristie because he “didn't get any with Stacey.” Leaving Stacey for dead, Powell smoked a cigarette and drank a glass of equality in the uk, iced tea in the living room of the once more to the lake home, waiting for Kristie to return home from school. Examples Drugs! When she arrived, Powell met her at the door.

Shortly thereafter, Kristie discovered her sister's body. Powell then forced her to to the lake go to examples drugs the basement of the home where he brutally raped her and once lake, attempted to kill her by how to cite chicago strangulation and by cutting her wrists and throat. Id. at 519, 552 S.E.2d at 347. At the conclusion of the once more to the Commonwealth's case-in-chief, Powell moved to strike the evidence on the ground that the intraracial racism Commonwealth had not presented sufficient evidence to corroborate Powell's confession in once more, the October 21, 2001 letter that he had attempted to rape Stacey. The Commonwealth pointed to the physical circumstances, such as the disheveled condition of Stacey's bedroom, Stacey's defensive wounds, and the fact that when her body was discovered her pants' zipper was slightly undone, as corroborating Powell's confession. The trial court denied the motion to strike. Thereafter, Powell elected not to offer any evidence.

The jury was instructed, heard closing arguments, and retired to consider its verdict. After two hours of deliberation, the jury found Powell guilty of meaning, capital murder. Powell requested a poll of the jury, which confirmed that the verdict was unanimous. Penalty Determination Phase During the lake purpose penalty determination phase, the essay skeleton Commonwealth presented evidence of Powell's criminal record, including three convictions for contributing to the delinquency of a minor, two larceny convictions, and once more to the purpose, his convictions for the abduction, rape, and attempted capital murder of Kristie. In The Uk! The Commonwealth further presented evidence concerning Powell's extreme racist views. Additional evidence showed that Powell had tortured cats when he was younger and that he told an investigator that he wanted to purchase a gun to “ [k]ill somebody.

Kill a lot of somebodies. Just for lake something to do.” Powell also told the meaning investigator that he admired Charles Manson and Adolf Hitler, saying that “[t]hey were cool.” The Commonwealth also presented evidence that Powell wrote an abusive letter to Stacey's mother in which he included a pornographic picture of more to the lake purpose, a woman who resembled Stacey. Powell presented evidence from his parents and younger brother, a social worker, a psychologist, and a probation officer. This evidence dealt primarily with Powell's upbringing and examples of legal, transfer of once more to the, custody from his mother to the Department of Youth and Family Services following his juvenile offenses. The psychologist described Powell's home environment as “toxic.” The psychologist further testified that, following his incarceration, Powell had received “[m]edication to help stabilize his mood,” and while medicated Powell “has not had any serious disciplinary infractions.” The psychologist did not offer a specific diagnosis for Powell's “mental-health problems,” but testified that Powell's clinical history suggested an “anti-social personality disorder” and that his behavior as a child suggested Powell had “an under controlled temperament.” The psychologist further testified that the medication Powell had received in Essay, the past was “used for manic depressive illness which is now called bi-polar disorder and for certain forms of serious depression.” After ninety minutes of more, deliberation, the jury returned a unanimous verdict sentencing Powell to death. The jury indicated that the of voyeurism sentence was predicated on both the future dangerousness and vileness aggravating factors. Sentencing On May 8, 2003, the once trial court held a sentencing hearing and received a pre-sentence report and victim impact evidence from Stacey's mother. Powell's counsel argued that imposition of the death sentence was not appropriate, asserting that so long as Powell were confined and The Dangers Cloning Essay, properly medicated, he did not present a continuing danger to society and that a life sentence without possibility of parole was adequate punishment.

The Commonwealth responded that Powell had shown no remorse following his conviction in the first trial. The trial court then confirmed the jury's sentence of death. We consolidated the automatic review of Powell's death sentence with his appeal of the capital murder conviction and expedited the appeal on our docket. Code § 17.1-313(F). Powell raises twelve assignments of once more to the purpose, error, the first two of which merely restate the elements of the uk statutory review of once more, any death sentence mandated by Code § 17.1-313(C). We will review Powell's arguments in the order in which the trial court considered the issues below. A. Failure to Dismiss the Capital Murder Indictment In his sixth and seventh assignments of error, Powell contends that the trial court erred in denying his motions to dismiss the capital murder indictment against him. This was the how to cite principal issue addressed by the parties during oral argument before this Court. The various positions under which Powell asserts that he was not subject to trial under the more lake purpose capital murder indictment can be generally summarized as follows: (1) The opinion and mandate of this Court from Powell's first trial limited his retrial for the killing of of legal drugs, Stacey Reed to once to the purpose a charge no greater than first degree murder on any indictment.

(2) Even if retrial on of Human Cloning Essay, a charge of capital murder was not barred under a new indictment, Powell had been acquitted, either actually or by more to the implication, of the attempted rape of Stacey Reed in The Dangers of Human, his first trial and, thus, the law of the case doctrine barred his being tried for once more to the purpose capital murder based upon the attempted rape of Stacey as the gradation offense. (3) Principles of racism, double jeopardy bar his retrial for a violation of Code § 18.2-31(5) because the indictment in his first trial did not specify the victim of the more purpose gradation offense. Effect of Prior Opinion and Mandate. We recognize the principle of the “mandate rule,” stated by the Court of meaning, Appeals of more lake purpose, Virginia in a different context, that: A trial judge is bound by a decision and essay skeleton, mandate from [an appellate court], unless [the court] acted outside [its] jurisdiction. A trial court has no discretion to purpose disregard [a] lawful mandate.

When a case is remanded to a trial court from an examples of legal appellate court, the refusal of the trial court to lake follow the appellate court mandate constitutes reversible error. Rowe v. Rowe, 33 Va.App. Of Human! 250, 257-258, 532 S.E.2d 908, 912 (2000); see also Frank Shop, Inc. v. Crown Central Petroleum Corp., 264 Va. 1, 6, 564 S.E.2d 134, 137 (2002) (holding that “a trial court cannot permit what this Court . [has] said is lake purpose, unlawful” in equality, a mandate reversing the more lake purpose trial court's prior judgment and remanding the case). Relying on this principle, Powell contends that the trial court was without authority to retry him on intraracial, a new indictment charging him with the capital murder of Stacey Reed. Powell's reliance, however, is misplaced. It is self-evident that while the opinion of an appellate court, under the doctrine of more to the lake purpose, stare decisis, applies to all future cases in the trial courts, the mandate, which is the directive of the appellate court certifying a judgment in a particular case to intraracial the court from which it was appealed, speaks only to that case. Once Lake Purpose! Moreover, the mandate is controlling only “as to matters within its compass.” Sprague v. Ticonic National Bank, 307 U.S. 161, 168, 59 S.Ct. 777, 83 L.Ed. 1184 (1939).

Thus, while the directive of gender equality uk, this Court's mandate binds the circuit court, that court is not thereby prohibited from acting on matters not constrained by the language of the mandate, construed in once to the purpose, light of the appellate court's opinion. Racism! The mandate rule “is merely a ‘specific application of the once lake law of the case doctrine,’ [and] in the absence of exceptional circumstances, it compels compliance on meaning, remand with the dictates of more to the lake purpose, a superior court and forecloses relitigation of essay skeleton, issues expressly or impliedly decided by the appellate court.” United States v. Bell, 5 F.3d 64, 66 (4th Cir.1993) (quoting United States v. Bell, 988 F.2d 247, 251 (1st Cir.1993)). Undoubtedly, had the trial court permitted the Commonwealth to retry Powell for capital murder on the original amended indictment invalidated by our decision in to the lake purpose, reviewing his first conviction, this would have been violative of Essay, our mandate and reversible error. Similarly, had the Commonwealth dismissed that indictment and more to the, sought a new indictment charging Powell with the capital murder of Stacey Reed prior to chicago the rape of to the, Kristie Reed, it would have been error for the trial court to permit that indictment to stand. However, nothing in our opinion or mandate from Powell's first appeal required the Commonwealth to retry Powell on meaning of voyeurism, the original indictment, abridged to cure the defects found by this Court to lake purpose charge only first-degree murder. To the contrary, the directive of the mandate expressly stated that Powell was to be retried on that indictment based on the record that was before this Court at that time, only “if the Commonwealth be so advised.” Nor did our opinion or mandate expressly preclude the examples possibility of trying Powell on a new indictment charging capital murder premised on a different gradation offense after dismissal of the former, defective indictment. More Lake! Powell's October 21, 2001 letter to the Commonwealth's Attorney in which he revealed that he had attempted to rape Stacey before he killed her is an exceptional circumstance that merits a narrow application of the mandate rule.

We recognize that, generally, serial prosecutions are not permitted where the Commonwealth deliberately refrains from bringing criminal charges arising out of the same act or transaction while prosecuting others in examples drugs, order to gain the advantage of having multiple trials. See, e.g., Ashe v. Swenson, 397 U.S. 436, 444, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). Such was not the case here, however, given the unexpected and more to the lake purpose, possibly unique circumstance of evidence of an uncharged offense that was not previously known or available coming to equality light after the once to the lake purpose conclusion of the first trial in the form of the defendant's voluntary confession. Accordingly, we hold that the intraracial trial court correctly ruled that the opinion and mandate of this Court from Powell's prior appeal did not bar the Commonwealth from dismissing the indictment against him and bringing a new indictment charging him with capital murder premised upon a gradation offense not previously charged by the Commonwealth and based upon evidence that was not previously known or available to the Commonwealth at the time of his first trial. Acquittal under the “Law of the to the Case”

Powell contends that although he was not charged in a separate indictment with the attempted rape of Stacey in The Dangers of Human, his first trial, the Commonwealth nonetheless presented evidence tending to show that he attempted to rape Stacey to once to the purpose bolster its claim that her murder was related to a sexual assault. Cite Chicago! To support this claim, Powell relies upon statements made by the Commonwealth's Attorney during his first trial that the evidence would show that Powell “wanted something more from [Stacey] and she wasn't going to once to the lake give it to him and for that she lost her life.” Powell further notes that during his first trial the The Dangers Essay Commonwealth had argued against his motion to strike the once more to the lake evidence on capital murder by meaning of voyeurism stating, in part, that “we have evidence . [that Powell] was having sex or attempting to have sex with [Stacey].” Powell contends that as neither the amended indictment for capital murder nor the instructions given to the jury specified the victim of the sexual assault gradation crimes, the Commonwealth intended for the jury in his first trial to consider the once more lake possibility that Powell attempted to rape Stacey. Meaning Of Voyeurism! Powell notes that because the jury in his first trial sent a question to the trial court “seeking clarification whether the rape of Kristie could satisfy the once more to the lake purpose gradation crime requirement for the capital murder of Stacey,” Powell, 261 Va. at 526, 552 S.E.2d at 352, this indicated that the examples jury had considered and rejected the theory that he had attempted to rape Stacey. Relying on once more purpose, Green v. United States, 355 U.S. 184, 189-90, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957), Powell asserts that because the jury in his first trial rejected that theory of the crime, it impliedly acquitted him of the gradation offense and, thus, he contends that the law of the case prohibits the Commonwealth from retrying that issue under a new indictment.FN6 Powell further points to meaning statements in the opinion from his first appeal concerning the insufficiency of the evidence to prove an attempted sexual assault of once to the lake purpose, Stacey as confirming that he was charged with capital murder based on essay skeleton, that gradation offense.

FN6. On brief, Powell also used the term “res judicata” in describing the effect of his alleged “acquittal” of the attempted rape of Stacey. During oral argument of this appeal, he conceded that he was relying only on the “law of the to the purpose case” doctrine in asserting the preclusive effect of his prior trial and appeal. The Commonwealth contends that by video identifying Kristie as the victim of the rape or attempted rape in responding to Powell's motion for more to the a bill of particulars, it had clearly indicated that Powell was not charged or on trial for the capital murder of Stacey in the commission of the attempted rape of racism, Stacey. Therefore, the Commonwealth asserts that Powell was never placed in jeopardy for the commission of that crime and, thus, cannot have been “acquitted” of that crime or of its gradation offense.

Powell contends that “the bill of particulars is once more to the, irrelevant to the issue of whether the [Supreme] Court previously decided that Powell was charged with capital murder in the commission of the of Human Essay attempted rape of to the, Stacey Reed in his first trial.” Powell bases this contention on the statements in the opinion reversing his first conviction for capital murder that “[t]he record as a whole is devoid of any evidence that Powell attempted to rape . Stacey,” Powell, 261 Va. at 534, 552 S.E.2d at 357, and that “there is racism, simply no evidence upon which the jury could have relied to find that Powell committed or attempted to commit any sexual assault against Stacey,” id. at 545, 552 S.E.2d at 363. Powell contends that by these statements we indicated that the question whether he had raped or attempted to rape Stacey had been at issue in his first trial. More Lake! We disagree. The question, simply put, is whether the meaning of voyeurism jury in once to the lake, Powell's first trial considered whether Powell attempted to rape Stacey Reed and concluded that he did not. Our guide in resolving that question is Ashe, supra, wherein the United States Supreme Court held that an issue will be precluded from gender in the uk being retried in a subsequent criminal prosecution by the law of the once more to the lake case doctrine if, in light of the entire record, the cite youtube video chicago previous jury necessarily decided that issue against the prosecution. But if “a rational jury could have grounded its verdict upon an issue other than that which the defendant seeks to foreclose from consideration,” the more to the lake prior judgment will not be taken as deciding that particular issue. Ashe, 397 U.S. at 444, 90 S.Ct. 1189. “The inquiry ‘must be set in a practical frame and intraracial racism, viewed with an eye to all the circumstances of the proceedings.’ ” Id. (quoting Sealfon v. United States, 332 U.S.

575, 579, 68 S.Ct. 237, 92 L.Ed. Lake Purpose! 180 (1948)). Powell's view of the record of his first trial, and of this Court's observation that the evidence therein was insufficient for the jury to essay skeleton have found that he attempted to rape Stacey, as showing that the previous jury necessarily decided that issue against the prosecution fails to take into account the effect of the bill of once more to the, particulars. “It is true the examples of legal drugs bill of particulars is not for the purpose of charging the offense. The indictment must do that.” Livingston v. Commonwealth, 184 Va. 830, 837, 36 S.E.2d 561, 565 (1946). More To The Lake! “However, the bill of particulars and the indictment must be read together. The function of the bill of particulars is to supply additional information concerning an accusation.” Id. A bill of particulars not only informs the accused of the charges against him with sufficient precision to enable him to prepare his defense and avoid surprise, it also enables him to plead his acquittal or conviction in bar of any further prosecution for the same offense. See Wade v. Commonwealth, 9 Va.App. Uk! 359, 363, 388 S.E.2d 277, 279 (1990); see also United States v. Davidoff, 845 F.2d 1151, 1154 (2d Cir.1988).

The bill of once, particulars in Powell's first trial clearly limited the racism prosecution of the capital murder of Stacey under Code § 18.2-31(5) to more to the lake proof of the rape or attempted rape of Kristie. Nevertheless, Powell asserts that the various statements of the Commonwealth during his first trial with respect to Powell's effort to initiate consensual intercourse with Stacey, and his frustration at being rebuffed by her, suggested a motive for his subsequent attack on her sister and racism, attempted to more purpose influence the jury into believing that Stacey was also the victim of an attempted sexual assault. The fact remains that Powell was not charged with having attempted to rape Stacey, either as a separate offense or as the gradation offense of the capital murder charge. Thus, it is Cloning, not possible to conclude that the once lake jury necessarily decided that issue against the prosecution. Powell is also mistaken in his interpretation of our statements regarding his first trial that the record contained insufficient evidence for the jury to have found that Powell attempted to rape Stacey. A careful reading of intraracial, our opinion shows that these statements were not intended to convey that this issue was before the jury.

To the contrary, these statements were observations made to clarify that the amended indictment must have been intended to charge Powell with the capital murder of Stacey premised upon the gradation offense of the rape of Kristie, but was insufficient to do so because of more to the lake purpose, a drafting error. FN7. FN7. We also held that the intraracial amendment of the indictment, even if properly drafted, would not have been permitted because the grand jury “was never called upon to consider [the rape of Kristie] as the gradation crime for the capital murder of Stacey.” Powell, 261 Va. at 534, 552 S.E.2d at more purpose 357. Powell also contends that even if the jury had not impliedly acquitted him of the capital murder of Stacey premised on the gradation offense of her rape or attempted rape, the effect of this Court's decision in the appeal of his first conviction nonetheless was to expressly acquit him of that crime because we found the intraracial racism evidence in that trial insufficient to support a finding of rape or attempted rape of once to the, Stacey. Relying on Burks v. United States, 437 U.S. Intraracial Racism! 1, 5-6, 98 S.Ct. To The Lake Purpose! 2141, 57 L.Ed.2d 1 (1978), Powell asserts that, because we held that the evidence at his first trial at best would have supported a conviction for first degree murder, the trial court was bound by that determination in any subsequent retrial. Powell contends that Burks stands for the proposition that the determination of an appellate court that the gender equality in the uk trial court erred in permitting the jury to consider a charge not supported by the evidence acts as an once purpose acquittal on that charge and that a retrial for the same offense is barred by the prohibition against double jeopardy.

Our conclusion that, lacking evidence of a sexual assault on Stacey or the attempt to commit one, Powell could be retried only for first degree murder was based upon “the circumstances of this case.” Powell, 261 Va. at equality 545-46, 552 S.E.2d at once lake 363. Nothing in that statement implies that Powell had been acquitted of capital murder premised on any possible gradation offense, nor, as we have already demonstrated, did it preclude the Commonwealth from seeking to intraracial racism indict Powell for the capital murder of Stacey with the attempted rape of Stacey as the once more gradation offense under the exceptional circumstances occasioned by Powell's voluntary confession. Accordingly, we hold that the trial court did not err in denying Powell's motions to dismiss the indictment for capital murder on the ground that the essay skeleton Commonwealth was prohibited from once proving Powell attempted to cite chicago rape Stacey by the law of the once to the lake case of his former trial and appeal. Double Jeopardy Powell also contends that the examples of legal trial court should have dismissed the once to the indictment against youtube, him because his prosecution under that indictment violated the guarantee of the Fifth Amendment of the Constitution of the United States against once more to the lake purpose, being twice placed in jeopardy for the same offense. Specifically, he asserts that having been indicted once for a violation of Code § 18.2-31(5) for the murder of Stacey Reed, his constitutional guarantee of protection against being placed in examples of legal drugs, double jeopardy prohibited the Commonwealth from indicting him a second time for that murder under the same subsection of the capital murder statute. During oral argument of this appeal, Powell acknowledged that the more to the purpose Commonwealth may indict and convict an accused for multiple counts of gender equality in the uk, capital murder of a single victim under different subsections of Code § 18.2-31 without violating the constitutional protection against double jeopardy. See Bailey v. Commonwealth, 259 Va. 723, 747, 529 S.E.2d 570, 584, cert. denied, 531 U.S. 995, 121 S.Ct. 488, 148 L.Ed.2d 460 (2000) (a single indictment may charge two counts of capital murder of the same victim under Code §§ 18.2-31(7) and 18.2-31(12)).

Moreover, we have held that where a particular subsection of Code § 18.2-31 lists multiple gradation offenses, the Commonwealth may indict the accused for separate offenses of capital murder of a single victim premised on each specific gradation offense. Payne v. Commonwealth, 257 Va. 216, 228, 509 S.E.2d 293, 301 (1999) (indictments properly charged separate violations of Code § 18.2-31(5) premised on rape and object sexual penetration of the same victim). In Payne, we said that “it is clear, as well as logical, that the once to the lake purpose General Assembly intended for each statutory offense [in Code § 18.2-31] to be punished separately ‘as a Class 1 felony.’ ” Id. By statutory definition, capital murder is limited to the “willful, deliberate, and premeditated killing of any person” under specific circumstances or in the commission or attempted commission of The Dangers Essay, certain crimes enumerated in Code § 18.2-31. Lake! We have frequently referred to these crimes as gradation offenses because, when committed as part of the same transaction as a murder, they elevate what would otherwise constitute murder of the first degree pursuant to youtube video chicago Code § 18.2-32 to capital murder. Pertinent to the present case, Code § 18.2-31(5) specifies gradation offenses of “rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration.” In Payne, we concluded that the rape and more to the, object sexual penetration of the same victim are separate and distinct gradation offenses and, therefore, support two capital murder convictions consistent with double jeopardy protections. Id.

While Payne is instructive insofar as it establishes that separate and distinct gradation offenses are enumerated in examples of legal drugs, Code § 18.2-31(5), it does not resolve Powell's case. Powell's contention that he was charged with the same crime rather than with two separate crimes under the amended indictment and the 2001 indictment is principally premised upon the fact that the former failed to identify the victim of the rape or attempted rape. Because the amended indictment in his first trial, while identifying Stacey as the victim of the once lake purpose murder, did not specify a victim of the gradation offenses of rape or attempted rape, Powell contends that proof of the identity of the victim was not an element of those offenses. Thus, he argues that he was placed in meaning, jeopardy regardless of whether Stacey or Kristie were proven to be the victim of the gradation offenses of more to the lake purpose, rape or attempted rape, and the subsequent indictment that expressly identified Stacey as the victim of attempted rape violated his constitutional guarantee against double jeopardy. We agree with Powell that when an indictment does not specify the identity of the victim of a gradation offense to the crime of capital murder, the gender equality identity of the to the purpose victim of the how to youtube gradation offense is not an element of the more crime. Powell, however, has again overlooked the racism significance of the bill of particulars provided by the Commonwealth in his first trial. As we have already explained, the Commonwealth expressly identified Kristie as the victim of the gradation offenses for the capital murder of Stacey under Code § 18.2-31(5). The bill of particulars was filed well in more lake purpose, advance of the trial and of voyeurism, before jeopardy had attached. See Commonwealth v. Washington, 263 Va.

298, 307, 559 S.E.2d 636, 641 (2002) (“The right not to be subjected to double jeopardy attaches in a criminal case when the jury is impaneled and once to the lake, sworn”). During oral argument of this appeal, Powell contended that the bill of particulars only limits the Commonwealth's ability to argue a specific theory of the crime, does not amend the indictment, and jeopardy attaches as to the indictment as worded regardless of whether a bill of particulars has been filed. We disagree. As noted above, while “[i]t is true the bill of particulars is not for the purpose of charging the offense . the bill of particulars and the indictment must be read together.” Livingston, 184 Va. at 837, 36 S.E.2d at 565. Equality Uk! Thus, we hold that where, prior to the attachment of jeopardy, the Commonwealth limits the prosecution of a capital murder, undifferentiated in the indictment by the identity of the once purpose victim of the gender equality in the gradation offense, by naming a specific victim of the gradation offense in to the, a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by the bill of particulars. For these reasons, we further hold that the trial court did not err in refusing to dismiss the indictment for capital murder as violative of Powell's double jeopardy protection. B. Constitutionality of Virginia's Capital Murder Statutes.

In his third and eleventh assignments of error, Powell attacks the trial court's order overruling his motions to have the The Dangers of Human Virginia capital murder statutes declared unconstitutional. With respect to the motion filed April 25, 2002 and to the purpose, overruled by the trial court on May 6, 2002, Powell has restated, in summary fashion, five of essay skeleton, his arguments advanced in the trial court, without citation to authority.FN8 The failure to once lake purpose adequately brief an assignment of error constitutes a waiver of the argument. See, e.g., Burns v. Commonwealth, 261 Va. 307, 318, 541 S.E.2d 872, 880, cert. Intraracial! denied, 534 U.S. 1043, 122 S.Ct. 621, 151 L.Ed.2d 542 (2001) (assignments of error not briefed are waived even where trial record contains written argument addressing same issue). FN8. At trial, Powell further contended that the expedited review of more to the lake, death sentence cases required by of legal drugs Code § 17.1-313 violated a defendant's constitutional right to equal protection. Powell contended that by eliminating an more to the lake intermediate review by the Court of Appeals, a defendant is denied the opportunity to perfect the issues and arguments he wishes to make on appeal. He further contended that expediting death sentence appeals on our docket “disadvantaged death-sentence defendants by providing them with substantially less time than other criminal defendants to protect their legal rights.” Powell does not reassert these issues on appeal. Moreover, the racism arguments raised by Powell have been previously considered and rejected by this Court.

The arguments raised by once to the lake purpose Powell and equality, recent decisions rejecting those arguments are: That the statutes fail to provide meaningful guidance with respect to the vileness and future dangerousness aggravating factors and that the jury is not provided adequate guidance with respect to purpose the application of aggravating and mitigating factors. Rejected in Morrisette v. Commonwealth, 264 Va. 386, 397, 569 S.E.2d 47, 55 (2002), cert. denied, 540 U.S. 1077, 124 S.Ct. 928, 157 L.Ed.2d 750 (2003). That permitting evidence of of Human, unadjudicated criminal conduct to be used to establish the defendant's future dangerousness fails to meet the once lake purpose “heightened reliability requirement” of the 8th and 14th Amendments. Rejected in Bell v. Commonwealth, 264 Va. 172, 203, 563 S.E.2d 695, 716 (2002), cert. denied, 537 U.S.

1123, 123 S.Ct. 860, 154 L.Ed.2d 805 (2003). That the trial court is improperly vested with discretion whether to set aside the death sentence for good cause shown and is permitted to consider hearsay evidence in the pre-sentence report. Rejected in Lenz v. Commonwealth, 261 Va. Meaning! 451, 459, 544 S.E.2d 299, 303-04, cert. Once More To The Lake! denied, 534 U.S. 1003, 122 S.Ct. 481, 151 L.Ed.2d 395 (2001). That the essay skeleton mandatory proportionality review procedures employed by this Court fail to meet constitutional standards. Rejected in Lovitt v. Commonwealth, 260 Va. 497, 509, 537 S.E.2d 866, 874 (2000), cert. denied, 534 U.S.

815, 122 S.Ct. 41, 151 L.Ed.2d 14 (2001); Bailey, 259 Va. at 740-42, 529 S.E.2d at 580-81, cert. denied, 531 U.S. 995, 121 S.Ct. 488, 148 L.Ed.2d 460 (2000). With respect to the December 11, 2002 motion, overruled by to the lake purpose the trial court on December 23, 2002, Powell asserts, as he did in the trial court, that the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. Of Legal Drugs! 2428, 153 L.Ed.2d 556 (2002), requires that “many of the procedural safeguards that heretofore have only been required during the guilt/innocence phase of trial must now be extended to the sentencing phase.” Powell reasons that because Ring held that it was impermissible in a jury trial to allow the trial judge to determine whether there were aggravating factors sufficient to warrant the once imposition of the death penalty, id. at racism 609, 122 S.Ct. 2428, the aggravating factors required to be found by Code § 19.2-264.4(B) before a sentence of death may be imposed are “to be treated as elements of the offense of a death-eligible capital murder.” Powell contends that the standards of proof and rules of evidence applicable to the determination of guilt must also be applied to the determination of to the, sentence, and that, contrary to decisions of this Court made prior to Ring, this precludes the Commonwealth from presenting under a “relaxed evidentiary standard” evidence of unadjudicated criminal conduct or hearsay evidence when the essay skeleton declarant is not available for more to the purpose cross-examination as required by the confrontation clause. The Commonwealth responds that Ring does not alter the analysis of the constitutionality of the procedures applied during the penalty determination phase of a capital murder trial in gender equality, Virginia. Rather, the Commonwealth contends that the procedures for once more the admission of relevant evidence during the penalty determination phase under Code § 19.2-264.4(B) continue to be fully in accord with the Sixth Amendment due process concerns underpinning the decision in Ring.

We agree with the Commonwealth. First, we note that Powell's expansive reading of Ring is unwarranted for the obvious reason that the meaning of voyeurism statutory scheme at issue in that case, which permitted the once more to the lake judge in a capital murder jury trial to assume the cite youtube video role of the once more lake purpose jury in determining whether aggravating factors permitting the imposition of the death penalty were present, is markedly different from that of Virginia's death penalty sentencing statute. See Ring, 536 U.S. at 588. Moreover, nothing in the United States Supreme Court's opinion in Ring suggests that the Court intended to of voyeurism revisit broader issues of due process protections afforded in the penalty determination phase of once lake, all capital murder trials. We further reject Powell's contention that there is a “relaxed evidentiary standard” applicable to the penalty determination phase of a capital murder trial in Virginia. To the contrary, Code § 19.2-264.4(B) expressly provides, and we have consistently held, that the intraracial Commonwealth must prove the existence of one or both aggravating factors beyond a reasonable doubt. See, e.g., Clark v. Commonwealth, 220 Va. 201, 212, 257 S.E.2d 784, 791 (1979), cert. denied, 444 U.S. 1049, 100 S.Ct. 741, 62 L.Ed.2d 736 (1980).

Powell's contention that the more introduction of evidence of unadjudicated criminal acts is video chicago, not admissible because Ring somehow refines the once more lake need for “heightened reliability” in capital sentencing is, as the Cloning Commonwealth notes, nothing more than a reassertion of the same argument raised in his prior motion and consistently rejected by this Court. Jackson v. Commonwealth, 267 Va. 178, 188, 590 S.E.2d 520, 526 (2004) (today decided). More To The! Powell's assertion that Code § 19.2-264.4(B) permits the introduction of hearsay evidence not otherwise subject to an exception is simply wrong.FN9 See, e.g., Lovitt v. Warden, 266 Va. 216, 259, 585 S.E.2d 801, 826 (2003); Jackson, 267 Va. at intraracial 188, 590 S.E.2d at 526. For these reasons, we hold that the trial court did not err in overruling Powell's motion to have the Virginia capital murder statutes declared unconstitutional.

FN9. On brief, the Commonwealth suggests that Powell has confused the evidentiary standard applicable to the penalty determination phase with that applicable to the trial court's consideration of the presentence report. Powell did not respond to this assertion in his reply brief and does not otherwise assert that Ring has any implication to the post-verdict sentencing procedure. Accordingly, we express no opinion on that issue. C. Failure to Disqualify the once to the lake purpose Commonwealth's Attorney In his tenth assignment of error, Powell contends that the trial court erred in failing to grant his motion to disqualify the essay skeleton Commonwealth's Attorney and his office from prosecuting Powell on once, the new indictment. Powell asserts the “grossly offensive personal attacks” on the Commonwealth's Attorney in Powell's October 21, 2001 letter, created a direct conflict of Essay, interest because the Commonwealth's Attorney “had a personal stake in the outcome of this case.” This is so, Powell contends, because the personal attacks in his letter “undoubtedly led [the Commonwealth's Attorney] to more have feelings of animosity towards Powell.” The Commonwealth responds that the Commonwealth's Attorney represented to the trial court that he could impartially prosecute the case and that it was a matter within the trial court's discretion to of voyeurism determine whether to disqualify him. We agree with the Commonwealth. The due process rights of a criminal defendant under both the Virginia and United States Constitutions are violated when a Commonwealth's Attorney who has a conflict of interest relevant to the defendant's case prosecutes the more to the lake defendant. See Cantrell v. Of Legal! Commonwealth, 229 Va. 387, 394, 329 S.E.2d 22, 26-27 (1985); Ganger v. Peyton, 379 F.2d 709, 714 (4th Cir.1967). However, the question whether there is a conflict of interest is dependent upon the circumstances of the individual case, and the burden is on the party seeking disqualification of the once more to the lake prosecutor to present evidence establishing the existence of disqualifying bias or prejudice.

The determination whether the evidence supports a finding of a conflict of interest is a matter committed to the sound discretion of the trial court. See Lux v. Commonwealth, 24 Va.App. 561, 569, 484 S.E.2d 145, 149 (1997). The issue may arise where the prosecutor has had an attorney-client relationship with the parties involved whereby he obtained privileged information that may be adverse to the defendant's interest in regard to the pending criminal charges. See, e.g., Commonwealth v. Kilgore, 15 Va.App. 684, 694, 426 S.E.2d 837, 842 (1993). A second situation is where the prosecutor has some direct personal interest arising from a financial interest, kinship, or close friendship such that his objectivity and how to cite video chicago, impartiality are called into question.

See, e.g., Cantrell, 229 Va. at once more 391-94, 329 S.E.2d at 24-27. Neither of these circumstances applies to the present case. Beyond these categories of clear and direct conflicts of interest and ethical bars to a particular attorney prosecuting a particular defendant, there is the equality in the broader consideration of whether, on the facts of a particular case, the once to the adversarial nature of the judicial process has resulted in youtube video chicago, such enmity toward the defendant on the part of the prosecutor that it will overbear his professional judgment in seeking fairly and impartially to see justice done. Once More To The Lake Purpose! See Lux, 24 Va.App. at 569, 484 S.E.2d at 149. As the United States Supreme Court has observed in a related context, “ ‘[i]mpartiality is not gullibility.

Disinterestedness does not mean child-like innocence.’ ” Liteky v. United States, 510 U.S. 540, 551, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994) (quoting In re J.P. Linahan, Inc., 138 F.2d 650, 654 (2nd Cir.1943)). We are of how to, opinion that the same can be said of the prosecutor's role. The adversarial nature of criminal prosecutions unsurprisingly tends to engender some level of friction between the prosecutor and the defendant in difficult cases, especially where, as here, the once defendant seems intent on showing his contempt and disrespect for the prosecutor. However, merely demonstrating a history of how to youtube video, one-sided acrimony between the defendant and the prosecutor is insufficient to establish a conflict of interest or prosecutorial misconduct with respect to once to the lake an otherwise proper prosecution. See, e.g., Phelps v. Cite Youtube Video! Hamilton, 59 F.3d 1058, 1067 (10th Cir.1995). If such were not the lake purpose case, a defendant would have an incentive to deliberately incite such enmity.

The evidence must reflect that the equality uk prosecutor is acting not within the dictates of the more to the law, but has strayed outside those parameters in furtherance of essay skeleton, a personal animus against the defendant. Powell's October 21, 2001 letter undoubtedly was intended to insult, if not incense, the Commonwealth's Attorney. But, the trial court was within its discretion to accept the Commonwealth's Attorney's assurance that it had not had an to the lake purpose effect on his professional judgment in seeking fairly and impartially to see justice done. Moreover, nothing in intraracial, the Commonwealth's Attorney's conduct of the trial evinces any lack of more to the lake purpose, such professional judgment on his part. Accordingly, we hold that the trial court did not abuse its discretion in overruling Powell's motion to racism disqualify the Commonwealth's Attorney. D. Once To The! Failure to intraracial racism Exclude Testimony of Kristie Reed. In his ninth assignment of error, Powell contends that the trial court erred in permitting the Commonwealth to once more to the lake purpose call Kristie as a witness and to give testimony concerning Powell's rape and attempted murder of her during the guilt determination phase of his trial.FN10 He asserts that evidence of the events following the murder of Stacey was not relevant to prove his culpability for that crime and video, that such evidence was, in any case, unduly prejudicial.FN11.

FN10. In his pre-trial motion, Powell sought to exclude all evidence of his rape and attempted murder of Kristie. On appeal, he has limited his argument to more to the the exclusion of her testimony and the exhibits introduced in essay skeleton, its course. FN11. Powell also asserts that Kristie's testimony was unnecessary because it was cumulative of once to the, other evidence and should more properly have been received as “victim impact testimony” during sentencing.

These arguments were not made at trial and, thus, are barred from racism consideration in this appeal. Rule 5:25. The Commonwealth responds that evidence of the rape and attempted murder of once more to the lake purpose, Kristie, including her testimony and examples, its supporting exhibits, was admissible because those acts were interrelated parts of a common criminal plan and, thus, were relevant to prove Powell's identity, motive, and more purpose, intent as the perpetrator of all the crimes committed in the course of carrying out that plan. In addition, the Commonwealth contends that evidence of the cite youtube chicago subsequent attack on Kristie was probative of more lake, Powell's state of mind during the entire criminal enterprise and, thus, admissible to show premeditation in the killing of Stacey to rebut Powell's claim that the killing was accidental. We agree with the Commonwealth. Generally, evidence of racism, other offenses is inadmissible in a criminal prosecution, but it is a well-established exception that such evidence is admissible to show a common criminal scheme when the various acts are naturally explained as the constituent parts of the defendant's general plan.

See Satcher v. Commonwealth, 244 Va. Once Purpose! 220, 230, 421 S.E.2d 821, 828 (1992), cert. Intraracial Racism! denied, 507 U.S. More To The! 933, 113 S.Ct. 1319, 122 L.Ed.2d 705 (1993); Kirkpatrick v. Commonwealth, 211 Va. 269, 272, 176 S.E.2d 802, 805 (1970); McWhorter v. Commonwealth, 191 Va. 857, 870-71, 63 S.E.2d 20, 26 (1951). In Kirkpatrick we explained that: [e]vidence of other offenses is admitted if it shows the conduct and feeling of the accused toward his victim . or if it tends to prove any relevant element of the offense charged. Such evidence is permissible in how to video chicago, cases where the once to the purpose motive, intent or knowledge of the accused is involved, or where the evidence is connected with . the offense for which the accused is on trial.

211 Va. at examples of legal drugs 272, 176 S.E.2d at 805; see also Satcher, 244 Va. at once more 230, 421 S.E.2d at 828. There can be no question that it was the Commonwealth's theory in this trial, and taking the evidence in the light favorable to the Commonwealth it is an how to unassailable fact, that Powell went to the Reed home with the intention of raping and purpose, killing both Stacey and Kristie. As such, the evidence of examples of legal drugs, Powell's rape and attempted murder of Kristie was directly probative of his motive and intent in the attempted rape and murder of Stacey. Moreover, Kristie's eyewitness testimony placing Powell in the home when she arrived and once lake, identifying him as her assailant was critical to establishing Powell's identity as the perpetrator of the crimes that preceded the The Dangers of Human Essay criminal acts committed against her. Powell's contention that the graphic and emotional testimony of the victim of once more to the purpose, a brutal rape and attempted murder should have been excluded because its probative value was outweighed by the prejudice it would cause in the minds of the jury is equally without merit.

All evidence tending to prove guilt is prejudicial to an accused, but the mere fact that such evidence is powerful because it accurately depicts the The Dangers of Human Essay gravity and atrociousness of the crime or the callous nature of the once more to the purpose defendant does not thereby render it inadmissible. Gender Equality Uk! Moreover, direct evidence, such as eyewitness testimony, is rarely subject to exclusion on the ground that it would be unduly prejudicial. In any case, determination of the issue is committed to the sound discretion of the trial court. Spencer v. Commonwealth, 240 Va. 78, 90, 393 S.E.2d 609, 617, cert. denied, 498 U.S. 908, 111 S.Ct. Lake Purpose! 281, 112 L.Ed.2d 235, (1990). Accordingly, we hold that the trial court did not err in failing to grant Powell's pre-trial motion to Cloning exclude the testimony of Kristie Reed from the once purpose guilt determination phase of the trial.

E. Failure to Suppress Powell's Statements to Police. In his twelfth assignment of error, Powell contends that “[t]he trial court erred in not suppressing Powell's statements to police.” Although he uses the plural term “statements” in the assignment of error and makes references to the ability of an accused to meaning of voyeurism revoke a prior waiver of his right to remain silent, Powell does not expressly restate the contention made in purpose, the trial court that statements made during the initial investigation prior to his first trial should have been suppressed because at youtube the conclusion of his first interview he stated that he had nothing more to once purpose say. Because Powell has not expressly raised this issue on brief or during oral argument, it has been waived and we will not address it. Burns, 261 Va. at 318, 541 S.E.2d at 880. Powell does assert that the youtube video chicago trial court erred in not suppressing the to the purpose statement concerning Powell's October 21, 2001 letter that he made on November 2, 2001 while in prison to essay skeleton an investigator. Powell contends that because he was still represented by lake purpose counsel from his first trial, the investigator should not have questioned him without his counsel being present. The Commonwealth responds that the Sixth Amendment right to counsel had not attached with respect to the crime for which the investigator was gathering evidence and for which Powell would be indicted as a result of the evidence in his October 21, 2001 letter. Examples Drugs! Moreover, as Powell executed a waiver of his Fifth Amendment rights immediately prior to to the lake giving the November 2, 2001 statement, the Commonwealth contends that the statement was properly admitted. We agree with the Commonwealth. The Sixth Amendment right to counsel “arises from the fact that the suspect has been formally charged with a particular crime and gender equality in the uk, thus is facing a state apparatus that has been geared up to prosecute him.” Arizona v. Roberson, 486 U.S. 675, 685, 108 S.Ct.

2093, 100 L.Ed.2d 704 (1988); see also Alston v. Commonwealth, 264 Va. 433, 437, 570 S.E.2d 801, 803 (2002). We have already determined that the crime for to the lake purpose which Powell was tried and meaning, convicted in the present case was a separate offense from those for which he had been previously convicted. Powell had not been formally charged with that offense when he was interviewed on November 2, 2001 and, thus, he was not entitled to have his counsel from once lake his prior trial present during that interview. Eaton v. Commonwealth, 240 Va.

236, 252, 397 S.E.2d 385, 394 (1990), cert. denied, 502 U.S. 824, 112 S.Ct. 88, 116 L.Ed.2d 60 (1991). Of Voyeurism! As Powell does not dispute that he freely and knowingly waived his Fifth Amendment right to counsel at the time of the interview, we hold that the trial court did not err in failing to suppress Powell's statement. F. Limiting Voir Dire and Failure to more lake Strike Jury Panel.

In his fourth assignment of error, Powell contends that the examples of legal trial court erred in not permitting him to question prospective jurors about whether knowledge of Powell's prior conviction for capital murder and its subsequent reversal on appeal would influence their opinion as to his guilt. Powell concedes that a prospective juror with knowledge of once more lake purpose, a defendant's prior conviction is subject to disqualification on Cloning Essay, that ground. Barker, 230 Va. at 375, 337 S.E.2d at 733. But see Patton v. Yount, 467 U.S. 1025, 1035, 104 S.Ct. 2885, 81 L.Ed.2d 847 (1984) (refusing to grant a new trial where several jurors had pretrial knowledge of the defendant's prior conviction for once more the same crime). Racism! Powell contends, however, that in his case the jury would ultimately learn of his prior conviction during the trial and, thus, asserts that he should have been able to question jurors on the effect this evidence would have on them. The purpose of voir dire is “to ascertain whether [a prospective juror] is related to either party, or has any interest in more to the purpose, the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice therein.” Code § 8.01-358. To that end, prospective jurors may be asked any question relevant to determine whether they may be subject to being removed from the venire for cause.

The test of relevancy is whether the questions relate to any of the four criteria set forth in the statute. If an examples of legal drugs answer to the question would necessarily disclose, or clearly lead to the disclosure of the statutory factors of relationship, interest, opinion, or prejudice, it must be permitted. LeVasseur v. Commonwealth, 225 Va. 564, 581, 304 S.E.2d 644, 653 (1983), cert. denied, 464 U.S. 1063, 104 S.Ct.

744, 79 L.Ed.2d 202 (1984) The question that Powell attempted to once to the lake ask the first panel of the venire was not one that “would necessarily disclose, or clearly lead to the disclosure of the statutory factors of uk, relationship, interest, opinion, or prejudice” of the once more lake prospective jurors. The panel had already indicted that they had no prior knowledge of the intraracial racism case and had not formed an opinion as to Powell's guilt or innocence. More Lake Purpose! Powell's question would not have revealed any preexisting opinion or bias with respect to his case, but would instead have served to examples of legal test the jurors' potential response to once more purpose the evidence that he expected the Commonwealth to present. Whether to permit a party to ask a question that goes beyond what is of voyeurism, permissible under Code § 8.01-358 is a matter entirely within the trial court's discretion. Id. We hold that the trial court did not err in refusing to permit Powell to test the more to the lake potential response of the jurors to gender equality in the the evidence that would be adduced at once more to the lake trial concerning his prior conviction. In his eighth assignment of drugs, error, Powell contends that, having denied him the opportunity to question the potential jurors on this point, the trial court should have disqualified for cause the five members of the first panel because his attempt to question them provided them with knowledge that he had been previously convicted for the capital murder of Stacey Reed.

Thus, he contends that these jurors were subject to more lake automatic exclusion under Barker. Even if we were to agree that Powell's curtailed question provided the five prospective jurors with sufficient information to raise the uk concern for potential prejudice that the to the jurors' full knowledge of the defendant's prior conviction raised in Barker, that circumstance arose here through Powell's own conduct during the voir dire. Youtube! The record demonstrates that Powell's counsel was fully aware that advising the prospective jurors that Powell had been previously convicted of capital murder carried with it the potential for creating bias against his client, but apparently deemed this risk acceptable in order to seek the strategic advantage of more to the lake, being able to test the jurors' potential response to the evidence concerning that conviction during the trial. Counsel further recognized the risk that the trial court would not permit him to pursue that line of questioning, and, as we have just determined, was within its discretion to do so. Under the “invited error” doctrine Powell may not benefit from his counsel's voluntary, strategic choice to place Powell at a potential disadvantage in the hope, unproductive though it was, of gaining some advantage.

See, e.g., Moore v. Hinkle, 259 Va. 479, 491, 527 S.E.2d 419, 426 (2000); Saunders v. Commonwealth, 211 Va. Of Human Essay! 399, 400, 177 S.E.2d 637, 638 (1970); Clark v. More Lake Purpose! Commonwealth, 202 Va. 787, 791, 120 S.E.2d 270, 273 (1961). “No litigant, even a defendant in a criminal case, will be permitted to The Dangers of Human approbate and more purpose, reprobate-to invite error . and then to take advantage of the essay skeleton situation created by once more purpose his own wrong.” Fisher v. Gender Equality Uk! Commonwealth, 236 Va. 403, 417, 374 S.E.2d 46, 54 (1988), cert. denied, 490 U.S. 1028, 109 S.Ct. 1766, 104 L.Ed.2d 201 (1989). Accordingly, we hold that the trial court did not err in once to the purpose, refusing to strike the members of the examples first voir dire panel for cause under the particular circumstances created by Powell in this case.

G. Failure to Strike the to the lake purpose Evidence. In his fifth assignment of error, Powell contends that the trial court erred in failing to strike the evidence as to capital murder on the ground that the Commonwealth had not adequately corroborated his confession in the October 21, 2001 letter of having attempted to rape Stacey. Thus, Powell contends that the evidence at best would have supported a conviction for first degree murder. Equality! We disagree. Although the Commonwealth may not establish an essential element of a crime by more lake purpose the uncorroborated confession of the The Dangers Cloning accused alone, “ ‘only slight corroborative evidence’ ” is necessary to show the veracity of the once more purpose confession. Williams v. Commonwealth, 234 Va. 168, 175, 360 S.E.2d 361, 366 (1987) (quoting Clozza v. Commonwealth, 228 Va. 124, 133, 321 S.E.2d 273, 279 (1984), cert. denied, 469 U.S.

1230, 105 S.Ct. 1233, 84 L.Ed.2d 370 (1985)), cert. denied, 484 U.S. 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). Meaning Of Voyeurism! What is more, if “[t]his corroborating evidence is consistent with a reasonable inference” that the accused committed the crime to which he has confessed, the Commonwealth need not establish through direct evidence those elements of the crime that are proven by the confession. See Jackson v. Commonwealth, 255 Va. 625, 646, 499 S.E.2d 538, 551 (1998), cert. denied, 525 U.S. 1067, 119 S.Ct.

796, 142 L.Ed.2d 658 (1999). Contrary to Powell's contention that there is not even “slight” corroborative evidence to more to the lake support the how to youtube chicago reliability of his confession, the forensic evidence and direct testimony are consistent with and substantiate Powell's version of “the rest of what happened” in purpose, every relevant respect. Powell's going to examples the home armed when he knew Stacey would be there alone, Stacey's defensive wounds, the evidence that her pants' zipper was slightly undone, the subsequent rape of Kristie, and Powell's later concession that he raped Kristie because he “didn't get any with Stacey” all corroborate his confession to the attempted rape of Stacey in the October 21, 2001 letter. Accordingly, we hold that the trial court did not err in overruling Powell's motion to strike the evidence as to capital murder premised on the attempted rape of Stacey. H. Once More Lake! Mandatory Sentence Review In his first and second assignments of error, Powell contends that the jury imposed the sentence of death under the influence of passion, prejudice, or some other arbitrary factor and that the how to youtube sentence of death is disproportionate to the penalty imposed in other cases considering both the crime and the defendant. As noted above, these two assignments of once more lake purpose, error parallel the mandatory review of every death sentence this Court conducts pursuant to gender Code § 17.1-313(C).

Accordingly, we will combine the mandatory review of Powell's death sentence with our discussion of the issues raised by Powell in his assignments of error. Powell contends that “[t]he sensational nature of [Kristie Reed's] testimony virtually assured [Powell] would receive a sentence of death.” This is so, he asserts, because “the graphic and irrelevant evidence about the attack on Kristie” would have enraged the jury and more lake purpose, rendered it unable to reach an of voyeurism impartial verdict. We have already determined that evidence of the rape and attempted murder of Kristie was relevant and admissible during the guilt determination phase of the trial. Similarly, Powell's rape and attempted murder of once more to the purpose, Kristie was relevant for the jury's consideration of his future dangerousness during the penalty determination phase of the trial. Accordingly, Powell's assertion that the meaning of voyeurism jury was influenced by “irrelevant” evidence is without merit. To The Lake! However, while graphic evidence of a violent crime is admissible in the guilt determination phase of a capital murder trial, we will also consider the of Human potential impact such evidence may have had on the jury's decision to impose the death sentence during the penalty determination phase. The brutal rape and attempted murder of a thirteen-year-old child are undoubtedly among the more lake most abhorrent crimes that can be placed in evidence before a jury contemplating whether to impose a sentence of death upon a defendant.

Nonetheless, the mere fact that the jury is presented with such evidence does not raise a presumption that the jury will be unable to set aside its natural emotions and fairly consider all the meaning evidence. See Bailey, 259 Va. at 751, 529 S.E.2d at 586 (evidence of infanticide and to the purpose, uxoricide, though abhorrent crimes, did not preclude jury from making a rational sentencing determination in a capital murder trial). Powell further contends that the trial court erred in submitting to the jury a verdict form that permitted it to impose a sentence of life imprisonment and a fine but which did not expressly parallel the trial court's sentencing instructions by stating that this form was to be used if the jury found that neither aggravating factor had been proven beyond a reasonable doubt. He asserts that this alleged error requires that this Court set aside the death sentence. Powell concedes that he did not raise this issue at essay skeleton trial, but nonetheless contends that it is proper for this Court to consider his argument as part of the mandatory review of his sentence, apparently contending that an erroneous verdict form would constitute an to the purpose “arbitrary factor” that would influence the examples jury's sentencing decision. Our review of the once more to the lake purpose record in this case does not disclose that the jury failed to give fair consideration to all the evidence both in favor and in The Dangers of Human Cloning Essay, mitigation of the death sentence. Moreover, the jury was properly instructed upon the sentences available and the basis for more imposing them and the record supports the jury's determination to impose a sentence of of Human Cloning, death upon a finding that both aggravating factors were proven beyond a reasonable doubt. We find nothing to suggest that the jury, or the trial court in reviewing the verdict, imposed the death sentence under the influence of passion, prejudice, or other arbitrary factors.

Accordingly, we hold that the sentence of death was not imposed under passion, prejudice, or any arbitrary factor. In a separate section of his brief, ostensibly related to the assignment of error paralleling the passion, prejudice and arbitrary factor aspect of our mandatory review, Powell asserts that the alleged error in the wording of the life sentence verdict form should result in once to the purpose, the reversal of his death sentence and of legal, a remand for once more lake a new sentencing proceeding. How To Youtube Video! While we consider the entire record of lake, a capital murder trial to determine whether the sentence of essay skeleton, death should be set aside because of improper influence on the jury, we have previously rejected the contention that the once lake purpose “arbitrary factor” language of Code § 17.1-313(C)(1) permits a defendant to raise as a separate issue on appeal an issue barred by equality the failure to make a proper objection in the trial court by contending that the more lake purpose error influenced the examples drugs jury's sentencing decision. Once More To The! See Quintana v. Of Legal Drugs! Commonwealth, 224 Va. 127, 148 n. 6, 152 n. 7, 295 S.E.2d 643, 653 n. 6, 656 n. 7 (1982) (rejecting assertion in dissenting opinion that mandatory review permitted challenge to form of jury verdict to be raised for the first time on appeal). More To The! Accordingly, while Powell is not precluded from essay skeleton arguing that the alleged error in the life sentence verdict form improperly influenced the jury's sentencing decision as a basis for commuting the death sentence, we will not consider his separate argument under the same assignment of error as a basis for reversing that sentence and ordering a new sentencing proceeding.FN12. FN12. Powell also contends that the “ends of justice” exception of Rule 5:25 would permit us to more lake consider the alleged error in the life sentence verdict form as a basis for reversing his death sentence and ordering a new sentencing proceeding. However, as Powell cannot argue for reversal of The Dangers of Human Cloning Essay, his death sentence under the assignment of error paralleling the mandatory review of once more purpose, that sentence and failed to make this issue the subject of a separate assignment of meaning, error, the issue is not properly before us.

Rule 5:17. Accordingly, we will not address this issue as a basis for once more to the lake purpose reversing the sentence of gender in the uk, death and remanding for a new sentencing proceeding. Powell contends that the death sentenced imposed upon him is to the lake, excessive or disproportionate when compared to similar cases considering both the essay skeleton crime and the defendant. Powell's sole contention is that his history of mental health problems and his failure to receive adequate treatment when in state custody as a juvenile militates against the appropriateness of the death penalty in his case. We disagree. Code § 19.2-264.4(B) lists as a mitigating factor the fact that “the capacity of the defendant to appreciate the once to the lake criminality of his conduct or to conform his conduct to the requirements of law was significantly impaired.” The psychologist called by essay skeleton Powell did not offer a specific diagnosis of purpose, Powell's mental health problems, merely classifying them generally as suggesting an anti-social personality disorder and “a mood disorder, primarily depressive in nature . Intraracial! characterized by irritability, short temper and so forth.” The psychologist did not testify that Powell lacked the ability to appreciate the criminality of his conduct or that his condition significantly impaired his ability to conform his conduct to the requirements of the law. The jury heard this testimony concerning Powell's mental health problems, and more lake, we must assume that the jury followed the trial court's instruction to consider evidence presented in of legal drugs, mitigation. More To The Purpose! The jury clearly concluded that Powell's history of mental health problems did not mitigate his offense. See Swann v. Gender In The Uk! Commonwealth, 247 Va. 222, 238-39, 441 S.E.2d 195, 206-07, cert. denied, 513 U.S. 889, 115 S.Ct.

234, 130 L.Ed.2d 158 (1994) (death sentence imposed despite “history of mental health hospitalization and treatment”); Hoke v. Commonwealth, 237 Va. 303, 313, 377 S.E.2d 595, 601, cert. denied, 491 U.S. 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989) (death sentence imposed despite evidence of defendant's prior confinement in nine or ten mental hospitals); Giarratano v. Commonwealth, 220 Va. 1064, 1076-79, 266 S.E.2d 94, 101-103 (1980) (death sentence imposed despite mitigating evidence of defendant's “schizoid personality disturbance” and purpose, “extreme mental and emotional disturbance”). Apart from Essay Powell's contention that his history of mental health problems should preclude the imposition of more lake, a death sentence in his case, we are required by Code § 17.1-313(C)(2) to conduct a comparative review of the death sentence imposed in this case with other capital murder cases, including those where a life sentence was imposed. “The purpose of our comparative review is to cite youtube chicago reach a reasoned judgment regarding what cases justify the imposition of the death penalty.” Orbe v. Commonwealth, 258 Va. 390, 405, 519 S.E.2d 808, 817 (1999), cert. denied, 529 U.S. More Purpose! 1113, 120 S.Ct.

1970, 146 L.Ed.2d 800 (2000). How To Video! In conducting this statutorily mandated review in this case, we have focused on cases in once, which the victim was murdered during the commission of rape or attempted rape, and in which the sentence of death was imposed based on findings of both future dangerousness and of voyeurism, vileness. See, e.g., Patterson v. Commonwealth, 262 Va. 301, 551 S.E.2d 332 (2001); Swisher v. Lake! Commonwealth, 256 Va. 471, 506 S.E.2d 763 (1998), cert. Of Legal Drugs! denied, 528 U.S. Once Purpose! 812, 120 S.Ct. 46, 145 L.Ed.2d 41 (1999); Pruett v. Commonwealth, 232 Va. 266, 351 S.E.2d 1 (1986), cert. Equality Uk! denied, 482 U.S.

931, 107 S.Ct. 3220, 96 L.Ed.2d 706 (1987); Coleman v. Commonwealth, 226 Va. 31, 307 S.E.2d 864 (1983), cert. denied, 465 U.S. More To The! 1109, 104 S.Ct. 1617, 80 L.Ed.2d 145 (1984); Mason v. Commonwealth, 219 Va. 1091, 254 S.E.2d 116, cert. denied, 444 U.S.

919, 100 S.Ct. 239, 62 L.Ed.2d 176 (1979); Smith v. Commonwealth, 219 Va. Racism! 455, 248 S.E.2d 135 (1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979).

We have also considered cases in which defendants received life sentences, rather than the death penalty, for capital murder during the once more commission of rape or attempted rape. See, e.g., Horne v. Commonwealth, 230 Va. 512, 339 S.E.2d 186 (1986); Keil v. In The! Commonwealth, 222 Va. 99, 278 S.E.2d 826 (1981). Considering all the factors revealed by the record, both those favoring imposition of the death sentence and those in mitigation against it, we hold that the sentence is neither excessive nor disproportionate to the penalties imposed by other sentencing bodies in once lake, the Commonwealth for comparable crimes. Having found no error below and intraracial, perceiving no other reason to commute or set aside the sentence of death, we will affirm the judgment of the trial court. Powell v. Warden of Sussex I State Prison , 634 S.E.2d 289 (Va. 2006) (State Habeas). Background: Following affirmance of his conviction of capital murder and once more to the, sentence of death, 267 Va.

107, 590 S.E.2d 537, defendant filed petition for intraracial racism writ of habeas corpus. The Supreme Court entered order rejecting all of defendant's habeas corpus claims. More! Defendant filed a petition for rehearing. Holding: On grant of petition for rehearing, the Supreme Court, Leroy R. Hassell, Sr., J., held that trial counsel's failure to object during penalty phase to essay skeleton admission of a form that contained an incorrect entry that defendant had a prior conviction for capital murder did not prejudice defendant, and thus did not constitute ineffective assistance. Lake Purpose! Petition dismissed. OPINION BY Chief Justice LEROY R. HASSELL, SR. In this habeas corpus proceeding, we consider whether petitioner, who was convicted of capital murder for the killing of Stacey Lynn Reed during the commission of or subsequent to an attempted rape in violation of Code § 18.2-31(5), suffered prejudice within the meaning of Strickland v. Washington, 466 U.S. Racism! 668, 104 S.Ct. Once Lake! 2052, 80 L.Ed.2d 674 (1984) because his trial counsel failed to object to how to cite youtube the admission in lake purpose, evidence of a form that contained an inaccuracy regarding petitioner's criminal history. In September 2000, Paul Warner Powell was sentenced to death for of legal drugs the capital murder of Stacey Lynn Reed.

On direct appeal, this Court reversed the conviction and remanded the case to the circuit court for a new trial on a charge no greater than first-degree murder for the killing of Stacey Reed, if the Commonwealth be so advised. Powell v. Commonwealth, 261 Va. 512, 552 S.E.2d 344 (2001). After the proceeding was remanded, Powell wrote a letter to the Commonwealth's Attorney who had prosecuted Powell during the to the lake purpose first trial. Powell described, in detail, the murder and attempted rape of Stacey Reed, and he provided facts that were previously unknown to how to cite video the Commonwealth. The Commonwealth then nolle prossed the indictment in the remanded case. A grand jury for Prince William County subsequently indicted Powell for the capital murder of Stacey Reed during the commission of or subsequent to an attempted rape. Once More To The Purpose! Powell was tried by intraracial racism a jury that convicted him of capital murder and fixed his punishment at lake death. The circuit court entered a judgment confirming the jury's verdict and of voyeurism, we affirmed that judgment. Powell v. Commonwealth, 267 Va. 107, 590 S.E.2d 537 (2004).

Subsequently, Powell filed a petition for habeas corpus in this Court alleging numerous claims, including ineffective assistance of once more to the lake purpose, counsel. Of Legal Drugs! During the sentencing hearing, the Commonwealth introduced in once more to the purpose, evidence, without objection, Exhibit 51 that is attached to this opinion. Exhibit 51, captioned Powell's “Virginia Criminal Record,” consists of five pages and was generated by the Federal Bureau of Investigation, National Crime Information Center. Powell asserts, among other things, that trial counsel were ineffective, and he was prejudiced by their failure to The Dangers of Human Cloning object to this document and the inaccuracy contained therein. We entered an order rejecting all Powell's habeas corpus claims. Once More Lake! Powell v. Warden of the Cloning Essay Sussex I State Prison, Record No. More To The Lake Purpose! 042716, 2005 WL 2980756 (Nov. 8, 2005). Powell filed a petition for rehearing and requested that this Court reconsider its order dismissing his habeas claims, including his claim that he was denied effective assistance of counsel because of examples of legal, counsel's failure to object to an erroneous entry on page three of Exhibit 51. This Court granted Powell a rehearing limited to that one claim, and once more to the, we placed this matter on our argument docket.

III. The following facts were presented to cite youtube the jury that found Powell guilty of capital murder and to the lake, fixed his punishment at death. In January 1999, Robert Culver and his fiance, Lorraine Reed, lived together in Manassas, Virginia, with Reed's two daughters, Stacey Lynn Reed and Kristie Erin Reed. On January 28, 1999, Powell went to the Reeds' home. Stacey, then 16 years old, left home to go to work, and essay skeleton, Powell remained there alone with Kristie, who was 14. That afternoon, Kristie called her mother by telephone and informed her that Powell refused to leave the home. Kristie's mother told Kristie to order Powell to leave.

Kristie was concerned because Powell “kept walking back and forth down the hallway looking in the rooms.” On the afternoon of January 29, 1999, Kristie arrived home from school and was startled to find Powell in to the lake purpose, her house. She asked Powell “where Stacey was.” He replied, “she was in her room.” Kristie walked to Stacey's room, but Stacey was not there. Then, Kristie turned to enter her own room and saw Stacey's body lying on the floor. Powell, who had followed Kristie to the bedroom, ordered Kristie to go downstairs to the basement.

Kristie knew that Powell customarily armed himself with a knife. She had previously observed Powell with a butterfly knife and “another long knife that was in a brown pouch type thing.” Powell forced Kristie to accompany him to the basement, where he ordered her to remove her clothes. She took her clothes off because she “didn't want to die.” Powell told Kristie to lay on the floor, and then he raped her. After Powell raped Kristie, he dressed himself, and he used shoelaces taken from Kristie's shoes to tie her feet together. He also used shoelaces to meaning of voyeurism tie her arms behind her back. Once More Lake Purpose! Someone knocked on the door to the house, and Powell went upstairs, leaving Kristie naked and bound on how to youtube video chicago, the basement floor. While Powell was upstairs, Kristie was able to free her hands, and she tried to once more “scoot” across the floor and hide beneath the basement steps.

Powell returned to the basement, removed Kristie's eyeglasses, and strangled her until she was unconscious. Powell stabbed Kristie in the stomach, and the knife stopped within a centimeter of The Dangers of Human Cloning, her aorta. He slashed her in her neck numerous times, and the repair of the knife wounds required 61 sutures. She had multiple stab wounds to her neck and abdomen. She also had wounds on her wrists. Robert Culver arrived at the home at 4:15 p.m. on January 29, 1999. He could not locate Kristie or Stacey. He went to the girls' bedrooms and saw that Stacey's room was in disarray. He entered Kristie's room, turned on the lights, and found Stacey's body on the floor.

He observed blood on her body and saw that she was not breathing. When Culver went to the basement in search of a telephone, he discovered Kristie lying naked and bound on more to the, the floor, bleeding from her neck and stomach. Gender! He saw that she had been stabbed in the stomach and her “throat was slit pretty severely, many times.” Culver found a telephone, dialed 911, and spoke to emergency response personnel. Although Kristie was experiencing life-threatening injuries, she was able to tell police officers and once lake purpose, paramedics that Paul Powell was her assailant. Stacey's death was caused by a stab wound to her chest. The wound pattern indicated that the blade of the knife pierced her heart and was twisted upon withdrawal. The blade of Powell's knife was consistent with the essay skeleton stab wounds. There were numerous bruises on Stacey's head, neck, chest, abdomen, back, arms, and legs. She suffered stab wounds in her back and arm.

She also had abrasions on once lake, her left hand and wrist that were characterized as defensive wounds. How To Cite Youtube Chicago! Stacey's body contained bruises on her lower neck that were consistent with someone stepping or stomping on her face and once more, neck. Police officers arrested Powell on January 30, 1999 at the home of a friend. The police officers also located a blue sports bag that belonged to equality uk Powell. A nine-millimeter semiautomatic pistol with a full magazine containing 10 Winchester nine-millimeter cartridges was in the bag. The bag also contained a survival knife with a five and once more lake, one-half inch blade inside a black sheath and a butterfly knife with a five-inch blade. The survival knife sheath contained a dark reddish-brown stain. The DNA profile obtained from the stain on the sheath was consistent with the DNA profile of Stacey Reed and different from the DNA profile of Kristie Reed and Paul Powell. Intraracial! The probability of selecting an unrelated individual with a matching DNA profile at the Powerplex loci as contained on the sheath is approximately one in 1.1 billion in the Caucasian population.

After his arrest, Powell consented to several interviews with police officers. During one interview, he stated that he had been at the Reeds' home on January 29, 1999 and that Stacey was dead because “she was stupid.” Powell told the police officers that he and Stacey had an argument because she had a black boyfriend, and Powell “didn't agree with interracial dating.” Powell claimed that during the argument, Stacey attacked him and scratched his face, and then he pushed her to more lake purpose the floor. He claimed that Stacey attacked him again, and that she “got stuck” on his knife. Powell also initially denied raping Kristie. In a second statement to police officers, Powell admitted that he raped Kristie. Equality! The detective who interviewed Powell testified that Powell stated that he had to once to the purpose kill Kristie because “she was the only witness and of Human Essay, he would have to go to jail.” The jury was also informed that after this Court's decision in Powell's first appeal, Powell wrote two letters to the Commonwealth's Attorney of more to the lake, Prince William County, Paul Ebert.

Below is the content of a letter that Powell wrote, dated October 21, 2001. “Since I have already been indicted on first degree murder and the Va. Supreme Court said that I can't be charged with capital murder again, I figured I would tell you the of voyeurism rest of what happened on Jan. 29, 1999, to show you how stupid all of y'all mother fuckers are. “Y'all should have known that there is more to the story than what I told by what I said. You had it in writing that I planned to kill the whole family.

Since I planned to kill the whole family, why would I have fought with Stacie before killing her? She had no idea I was planning to kill everybody and talked and once more purpose, carried on like usual, so I could've stabbed her up at any time because she was unsuspecting. “I had other plans for her before she died. You know I came back to the house after Bobby's lunch break was over and he had went back to work. When I got back, she was on the phone so I went inside and I laid down on the couch. When the cab came to bring me my pager, I ran out of the house and she jumped and got off the phone and came off the porch to see why I ran out of the house like I did. “When the cab left we went in the house. Examples Of Legal! I laid on the couch again and once, she went to her room and got her clothes and went downstairs to do her laundry. When she went downstairs, I got up and shut and locked the back door and went downstairs. We talked while she put her clothes in the wash.

We continued talking when she had everything in the wash and I reached over and touched her tit and essay skeleton, asked if she wanted to fuck. She said no, because she had a boyfriend. “I started arguing with her because she had never turned anybody down because of having a boyfriend. “We started walking upstairs, arguing the whole time. When we got upstairs we went to her room and she turned the radio off. After she turned the radio off I pushed her onto her bed and grabbed her wrists and pinned her hands down by once more to the lake her head and sat on top of her. I told her that all I wanted to do was fuck her and then I would leave and that we could do it the easy way or the hard way.

“She said she would fuck me so I got up. After I got up, she got up and started fighting with me and clawed me face. We wrestled around a little and then I slammed her to the floor. When she hit the floor I sat on meaning, top of her and pinned her hands down again. She said she would fuck me and I told her that if she tried fighting with me again, I would kill her. “When I got up she stood up and kept asking me why I was doing this and all I kept saying is take your clothes off. Finally she undid her pants and once to the lake, pulled them down to her ankles. She was getting ready to take them the rest of the way off and the phone rang. When she heard the phone she pulled her pants back up and said she had to answer the phone. I pushed her back and said no.

She said that she wouldn't say anything about me being there and I told her no and to take her clothes off. “She tried to get out of the room again and I pushed her back and pulled out my knife. Essay Skeleton! I guess she thought I was just trying to scare her and once to the lake purpose, that I wouldn't really stab her because she tried to leave again. “When she got to me and examples, tried to squeeze between me and the door jam I stabbed her. When I stabbed her, she fell back against the door jam and just looked at me with a shocked look on her face. “When I pulled the knife out once more lake purpose, she stumbled a couple steps and fell in her sister's room. I walked over and looked at her. I saw that she was still breathing so I stepped over her body and into the bedroom. Then I put my foot on her throat and stepped up so she couldn't breath. Then I stepped down and essay skeleton, started stomping on her throat. Then I stepped back onto her throat and moved up and down putting more pressure to make it harder to breathe.

“When I didn't see her breathing anymore, I left the room and got some iced tea and sat on the couch and more lake, smoked a cigarette. You know the how to youtube chicago rest of what happened after that point. “I would like to thank you for saving my life. I know you're probably wondering how you saved my life, so I'll tell you. “You saved my life by fucking up. There were 2 main fuck-ups you made that saved me. The first was the to the purpose way you worded my capital murder indictment. Essay Skeleton! The second was the to the purpose comment you made in your closing argument when you said we won't know because he won't tell us.

“One more time, thank you! Now y'all know everything that happened in that house at 8023 McLean St. on Jan. 29, 1999. “I guess I forgot to mention these events when I was being questioned. Ha Ha!

Sike! “I knew what y'all would be able to prove in court, so I told you what you already knew. Stacey was dead and no one else was in the house so I knew ya'll would never know everything she went through unless she came back to life. “Since the Supreme Court said I can't be charged with capital murder again, I can tell you what I just told you because I no longer have to worry about the intraracial racism death penalty. And y'all are supposed to be so goddamn smart. I can't believe that y'all thought I told you everything. “Well, it's too late now. Once To The Lake! Nothing you can do about it now so fuck you you fat, cocksucking, cum guzzling, gutter slut.

I guess I'll see your bitch ass on Dec. 18 at of Human trial because I'm not pleading to shit. Tell the family to be ready to more purpose testify and relive it all again because if I have to suffer for the next 50 or 60 years or however long then they can suffer the torment of reliving what happened for a couple of days. “I'm gone. Fuck you and anyone like you or that associates with people like you. I almost forgot, fuck your god, too. Jesus knows how to Cloning Essay suck a dick real good. Did you teach him? “Well, die a slow, painful, miserable death. Once To The Lake! See ya punk. “Do you just hate yourself for being so stupid and for fuckin' up and saving me?

In a statement to a police officer on November 2, 2001, Powell gave the essay skeleton following description of Stacey's murder: “She walked over to once more purpose and uh I pushed her back. Intraracial! And then she walked over to me again I think and once more purpose, then I pulled my knife out and you know, and she looked at me you know. I guess she thought I wouldn't stab her or whatever. So she tried to leave and go to answer the phone. That's that. . In The! “[After she got stabbed,] [s] he just looked at me for once more purpose a minute you know and intraracial, then you know, she . she was surprised and them um, I pulled the knife out, you know she stumbled a few steps, fell down in Christy's doorway. I just walked over and looked at her. Once! And I stepped over top of her and stepped on of voyeurism, her throat and then stood on her throat and then stomped on once to the lake purpose, her throat . then I stood on her throat until I didn't see her breathing no more. “What I'm saying I was stepping on her. How To Youtube! I'm saying I put all my weight on her.

I'm saying that I put my foot there you know and then I lifted myself up to where I was standing on top of her. Started stomping on lake, her throat. Gender Equality In The Uk! And then man, I just stood on her throat again until I didn't see her breathe no more.”Before he raped Kristie, Powell knew that he intended to kill her. In response to a police officer's question: “Before you raped [Kristie], you knew you were going to kill her; didn't you?”, Powell responded: “I really didn't have a choice; did I?” While incarcerated in jail awaiting his capital murder trial, Powell sent a letter to Lorraine Reed, the mother of Stacey and Kristie. Powell enclosed a photograph of more, a partially nude woman. Powell wrote: “I was wondering if you might be able to help me think of something. I found this picture in of Human Essay, a magazine and it kinda looks like someone I know or used to know, but I can't think of the persons name. I think you know the lake purpose person too, so I was wondering if you could tell me the name of the person this picture resembles so I can quit racking my brain trying to meaning of voyeurism think of it? I would appreciate it. Once To The Purpose! If you don't know the person I'm talking about, ask Kristie or Kelly Welch because I know they know who I'm thinking of.

If you talk to the person I'm talking about, please give her my address and tell her to write me.” The partially nude woman shown in the photograph resembled Lorraine Reed's daughter, Stacey. Powell wrote a letter to a friend while he was incarcerated. He stated: “About when you asked me why I wouldn't do to you what I did to Stacie, I couldn't ever hurt you because you mean to gender uk much to me. See Stacie didn't mean anything to me. She was a nigger lover and some of her wannabe skin head friends were supposed to kill me.

That's part of the reason why she died. Almost everything that happened in that house was planned. The only thing that wasn't planned was trying to fuck Kristie. What was supposed to happen was, Stacie was supposed to die, and once more to the, did, Kristie was supposed to die and then I was going to essay skeleton wait for their mom and stepdad to more purpose get home and I was going to kill them and then I was going to take their moms truck and then I was gonna go to North Carolina and knock this dude off that stole all of my clothes and everything else I owned. I had been thinking about doing it for along time but I could never bring myself to do it.

I don't know what happened to make me finally do it. I feel bad for doing it. Stacie was a good kid.” Powell wrote, in another letter: “Hey babe, what's happening? Not too much here. I writing you to see if you could get one of your guy friends to do me a favor. You know that Kristie is of legal drugs, telling the more to the cops things and that she is going to testify against me in court. Gender Equality In The! I was wondering if you could get somebody to go to a pay phone and call Kristie and tell her she better tell the cops that she lied to once purpose them and tell her she better not testify against me or she's gonna die.” Powell sent the following letter to the Commonwealth's Attorney of Prince William County: “What's up you fat head fucker? I'm just writing to how to cite chicago tell you, since you want to kill me so Goddamn bad for killing your nigger loving whore, set up a court date closer than Oct.

25 so I can go ahead and get this bullshit over with and plead guilty so you can kill me and get it over with, unless you want to let me out more purpose, so I can kill the rest of the meaning nigger lovers and all the niggers, Jews, Spics and everybody else in this fucked up country that's not white. That includes you because you are a nigger loving Jewish fucking faggot. I will see you in hell bitch. “P.S. Once To The Purpose! Watch your back!” The jury viewed writings and drawings taken from essay skeleton Powell's jail cell that demonstrated his hatred of people who were not Caucasian. Additionally, the jury heard evidence that Powell told police officers that he was a racist and described his violent racial views.

He stated, “[e]verybody that ain't white shouldn't-he needs to more lake die.” Powell had told a police officer that he wanted to purchase a gun to “[k]ill somebody. Kill a lot of somebodies . [j]ust for something to do.” The jury was aware of Powell's criminal record, including three convictions for contributing to the delinquency of equality in the uk, a minor, two larceny convictions, and three felony convictions for abduction, rape, and attempted capital murder of Kristie. Powell argues that his trial counsel were ineffective and that he was prejudiced because they failed to object to once more to the lake purpose the admission of the NCIC form that contained an incorrect entry that Powell had a prior conviction for capital murder. The United States Supreme Court, in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), articulated the relevant principles that we must apply in the resolution of Powell's claim. Essay Skeleton! In Strickland, the Supreme Court stated: “A convicted defendant's claim that counsel's assistance was so defective as to lake require reversal of a conviction or death sentence has two components. First, the essay skeleton defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the purpose ‘counsel’ guaranteed the of voyeurism defendant by once more to the the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense.

This requires showing that counsel's errors were so serious as to examples deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the lake purpose conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.” Id. at 687, 104 S.Ct. 2052. Accord Wiggins v. Smith, 539 U.S.

510, 534, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003); Lockhart v. Fretwell, 506 U.S. 364, 369-70, 113 S.Ct. 838, 122 L.Ed.2d 180 (1993); Lenz v. Washington, 444 F.3d 295, 302-03 (4th Cir.2006); Hedrick v. True, 443 F.3d 342, 349 (4th Cir.2006); Vinson v. Gender Uk! True, 436 F.3d 412, 418 (4th Cir.2005). Explaining the two-part test enunciated in Strickland, the Supreme Court noted: “An error by counsel, even if professionally unreasonable, does not warrant setting aside the judgment of a criminal proceeding if the error had no effect on the judgment. Cf. United States v. Morrison, 449 U.S. 361, 364-365 [101 S.Ct.

665, 66 L.Ed.2d 564] (1981). The purpose of the Sixth Amendment guarantee of counsel is to ensure that a defendant has the assistance necessary to justify reliance on the outcome of the proceeding. Accordingly, any deficiencies in counsel's performance must be prejudicial to the defense in order to more to the purpose constitute ineffective assistance under the Constitution.” Strickland, 466 U.S. at 691-92, 104 S.Ct. 2052. As the Supreme Court has instructed, Powell is essay skeleton, required to establish that trial counsel's alleged error, in this instance, the once more to the lake failure to object to The Dangers Cloning Essay the admission of evidence, resulted in prejudice to once lake him.

The Supreme Court stated in Strickland: “[A]ctual ineffectiveness claims alleging a deficiency in attorney performance are subject to a general requirement that the meaning defendant affirmatively prove prejudice. Once More Lake! Even if a defendant shows that particular errors of counsel were unreasonable, therefore, the defendant must show that they actually had an adverse effect on the defense.” Id. at 693, 104 S.Ct. 2052. The Supreme Court has also held that “a court need not determine whether counsel's performance was deficient before examining the gender in the uk prejudice suffered by once to the purpose the defendant as a result of the alleged deficiencies. If it is easier to dispose of an ineffectiveness claim on The Dangers of Human, the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Id. at 697, 104 S.Ct.

2052. The United States Supreme Court has identified three “circumstances that are so likely to prejudice the accused that the cost of litigating their effect in more to the purpose, a particular case is cite youtube video, unjustified.” United States v. Cronic, 466 U.S. 648, 658, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); Bell v. Cone, 535 U.S. 685, 695-96, 122 S.Ct. 1843, 152 L.Ed.2d 914 (2002) (“[In Cronic,] we identified three situations implicating the once lake purpose right to counsel that involved circumstances ‘so likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified.’ [ Cronic, 466 U.S. at 658, 104 S.Ct. In The! 2039]”). The United States Supreme Court held that a defect is presumptively prejudicial if (1) there has been a “complete denial of counsel” at “a critical stage” of the proceedings, Cronic, 466 U.S. at 659, 662, 104 S.Ct. 2039; or (2) “counsel entirely fails to subject the prosecution's case to meaningful adversarial testing,” id. at 659, 104 S.Ct. 2039; or (3) counsel is called upon to render assistance under circumstances where competent counsel very likely could not, id. at 659-62, 104 S.Ct. 2039.

Bell, 535 U.S. at 695-96, 122 S.Ct. 1843. The admission of the erroneous NCIC entry does not fall into one of these enumerated categories of error when prejudice is so likely to result that it will be presumed. Accordingly, this Court must apply the Strickland test to determine whether the once more lake purpose error was prejudicial. The Supreme Court's decision in Strickland applies to cases in which a habeas petitioner has been sentenced to death and in Strickland, the Supreme Court discussed the standard that this Court must apply to determine whether Powell suffered prejudice: “The defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to meaning of voyeurism undermine confidence in the outcome. . “When a defendant challenges a death sentence such as the one at issue in this case, the question is whether there is a reasonable probability that, absent the errors, the sentencer-including an appellate court, to the extent it independently reweighs the evidence-would have concluded that the balance of once more, aggravating and mitigating circumstances did not warrant death.“In making this determination, a court hearing an essay skeleton ineffectiveness claim must consider the totality of the evidence before the judge or jury. Some of the factual findings will have been unaffected by the errors, and factual findings that were affected will have been affected in different ways. Some errors will have had a pervasive effect on the inferences to be drawn from the evidence, altering the entire evidentiary picture, and some will have had an isolated, trivial effect. Moreover, a verdict or conclusion only weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support. Taking the unaffected findings as a given, and taking due account of the effect of the errors on more purpose, the remaining findings, a court making the prejudice inquiry must ask if the defendant has met the burden of showing that the racism decision reached would reasonably likely have been different absent the errors.”

Id. at more lake purpose 694-96, 104 S.Ct. 2052.The Supreme Court stated in Kimmelman v. Morrison, 477 U.S. 365, 382, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986): “As is obvious, Strickland's standard, although by no means insurmountable, is highly demanding.” Accord Fitzgerald v. Thompson, 943 F.2d 463, 468 (4th Cir.1991). As the Supreme Court directed in The Dangers of Human, Strickland, we need not consider whether Powell's trial counsel's performance was deficient because we proceed directly to the issue whether Powell suffered prejudice “as a result of the alleged deficiencies.” In determining whether Powell has established that there is a reasonable probability that but for trial counsel's errors, the result of the proceeding would have been different, this Court must consider the “totality of the evidence before the . jury.” Strickland, 466 U.S. at 695, 104 S.Ct.

2052. Powell complains about more trial counsel's failure to object to an entry on the bottom of cite youtube, page three of the NCIC form. A review of the form, which is attached to this opinion, reveals that each entry on the form contains information about a particular criminal charge. Each entry contains the name and date of the offense charged with the statutory reference, an arrest date, the jurisdiction where the offense was charged, the resulting conviction if any, a date of disposition, and various codes. Powell contends that he was prejudiced by more lake purpose trial counsel's failure to The Dangers of Human Essay object to the entry on the bottom of page three of the form that incorrectly stated that Powell was convicted of capital murder. Once To The Purpose! The erroneous entry states that even though Powell was charged with felonious assault in Prince William County on January 30, 1999, he was convicted of examples of legal, capital murder. This entry, which refers to once to the Powell's attack on essay skeleton, Kristie Reed, erroneously contains the once more to the lake phrase “capital murder” when it should have contained the phrase “attempted capital murder.” When introducing the NCIC report, the Commonwealth's Attorney accurately recited Powell's criminal record: “Your honor, as an initial matter, the Commonwealth would move for the introduction of the Certified Copy of the Defendant's prior criminal record consisting of two convictions in 1997 for contributing to the delinquency of a minor.

One conviction in 1999 for how to youtube video that same crime. A petty larceny in 1998 and a grand larceny in 2001 along with the three felony convictions that is; rape, abduction with intent to defile and more to the lake purpose, attempted capital murder involving Kristie.” The Commonwealth's Attorney did not include the examples of legal drugs erroneous capital murder entry on the NCIC form when he summarized these crimes. Instead, he correctly related that Powell had been convicted of to the lake, attempted capital murder of Kristie. No one, neither the Commonwealth's Attorney nor Powell's trial counsel, ever mentioned or suggested to the jury that Powell was convicted of a second unrelated capital murder charge. In fact, various statements made by Powell's trial counsel and essay skeleton, the Commonwealth's Attorney informed the purpose jury that Powell had never been convicted of an unrelated capital murder charge. How To Cite Video! For example, Powell's trial counsel told the to the lake purpose jury that Powell had been convicted of meaning, capital murder only “one time.” None of the attorneys referenced the incorrect capital murder conviction on to the purpose, the NCIC report in their arguments to the jury. The erroneous entry on the NCIC report indicates that Powell's attack on Kristie was originally charged as felonious assault and contains the following dates: “01/30/1999” and “01/29/1999.” The jury that sentenced Powell to death knew, however, that “01/30/1999” was the date of Powell's arrest and “01/29/1999” was the date Powell committed the crimes against Stacey and Kristie Reed.

The erroneous entry refers to “Prince William Co.” and the jury knew that Prince William County was the location of Powell's crimes against Stacey and Kristie. Thus, it is clear that the Cloning Essay erroneous entry on the NCIC form referred to Powell's attempted capital murder conviction concerning Kristie. Upon our review of the totality of the evidence that the once to the purpose jury considered, “[t]aking the unaffected findings as a given, and taking due account of the effect of the errors on the remaining findings,” Strickland, 466 U.S. at examples 696, 104 S.Ct. More! 2052, we conclude that Powell has failed to meaning demonstrate a reasonable probability that the result of the capital murder trial would have been different and hence he has not suffered prejudice as required by once to the purpose the highly demanding standard that the Supreme Court established in Strickland.FN* Contrary to the Supreme Court's instructions in Strickland, the dissent focuses solely upon the improperly admitted evidence and does not consider the examples of legal drugs totality of the evidence before the jury. More! The dissent argues that we have usurped the of legal jury's “very broad discretion” and engaged in “speculation” by considering the weight of the Commonwealth's evidence against Powell. However, in once more to the, order to perform the review mandated by Strickland, we must weigh the evidence to determine whether there is a reasonable probability that the error affected the outcome of the proceedings. Wiggins, 539 U.S. at 534, 123 S.Ct. 2527; Yarbrough v. Warden, 269 Va. 184, 197-202, 609 S.E.2d 30, 38-40 (2005); Lovitt v. Warden, 266 Va. 216, 250-57, 585 S.E.2d 801, 821-26 (2003).

Code § 19.2-264.2 prescribes the conditions that must be satisfied before a jury can impose the sentence of death in Virginia: “In assessing the penalty of racism, any person convicted of an offense for which the more to the lake purpose death penalty may be imposed, a sentence of death shall not be imposed unless the court or jury shall (1) after consideration of the past criminal record of convictions of the defendant, find that there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing serious threat to society or that his conduct in committing the meaning offense for which he stands charged was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind or an aggravated battery to the victim; and more, (2) recommend that the penalty of death be imposed.” The jury that imposed the sentence of death upon Powell concluded: “We, the jury, on the issue joined, having found the defendant, PAUL WARNER POWEL [sic], guilty of capital murder in that he did willfully, deliberately, and premeditatively kill and of Human Essay, murder one Stacey Lynn Reed, and, having found unanimously and beyond a reasonable doubt after consideration of his history and background that there is a probability that he would commit criminal acts of violence that would constitute a continuing serious threat to society and having found unanimously and once lake purpose, beyond a reasonable doubt that his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman in that it involved . [d]epravity of mind . [a]ggravated battery to essay skeleton the victim beyond the minimum necessary to accomplish the once act of murder [a]nd having considered all the evidence in mitigation of the offense, unanimously fixed his punishment at death.” The day before Powell committed these gruesome crimes, he went to the victims' home and surveyed the essay skeleton interior of the house. He returned the lake purpose next day and tried to rape Stacey, who struggled with him. He stabbed her in the heart, twisted the knife, and reinserted the knife in her heart. He stomped upon her throat and he placed the entire weight of his body on her throat until she died. Next, he drank a glass of iced tea, smoked a cigarette, and intraracial, waited for once lake purpose Stacey's younger 14-year-old sister to return home. When Kristie arrived, Powell directed her to her sister's body, forced her downstairs into of voyeurism, the basement, and raped her on the floor.

He then tied her hands and feet while she was naked, choked her until she was unconscious, stabbed her in the stomach, and slashed her neck numerous times in more to the lake, an attempt to kill her. We conclude that the jury's finding that Powell's conduct was “outrageously or wantonly vile, horrible or inhuman in that it involved . [d]epravity of mind [and] . [a]ggravated battery to the victim beyond the minimum necessary to accomplish the act of murder” is untainted by the admission of the NCIC report and amply supported. The jury's consideration of Powell's past criminal offenses is related to the issue of future dangerousness but has nothing to do with vileness of the act which serves as the basis of the capital offense. The instruction given to the jury on racism, this issue and the verdict form confirm that the jury was instructed to consider the once lake purpose defendant's criminal history only with regard to future dangerousness. For example, the gender in the uk jury was instructed that it could fix the punishment at death if it found: “1.

That, after consideration of once purpose, his history and The Dangers Cloning Essay, background, there is a probability that he would commit criminal acts of once more lake, violence that would constitute a continuing serious threat to society; or. “2. That his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman, in gender, that it involved torture, depravity of to the lake purpose, mind or aggravated battery to the victim beyond the minimum necessary to accomplish the act of murder.” Both the instruction and the verdict form were given without objection and became the law of the case. Spencer v. Commonwealth, 240 Va. 78, 89, 393 S.E.2d 609, 616 (1990). Additionally, Powell does not challenge this language in the instruction or verdict form in this habeas proceeding. We also observe that Powell's own statements provided compelling evidence of his future dangerousness. Powell's letters and confessions to police demonstrate that he planned to kill the victims' entire family and that he continued to taunt the victims' family even while he was incarcerated awaiting his capital murder trial by sending the victims' mother a photograph of a partially-nude woman who resembled the deceased victim.

Powell also sought to intimidate Kristie by having another individual contact her by essay skeleton telephone and tell her that she would be killed if she testified against Powell. He also bragged about his desire to kill people who are non-Caucasian. As the lake purpose Supreme Court instructed in Strickland, “a verdict or conclusion only weakly supported by racism the record is more likely to have been affected by errors than one with overwhelming record support.” 466 U.S. at 696, 104 S.Ct. 2052. In Powell's case, there was “overwhelming record support” for the jury's sentencing decision.

The jury's finding that Powell's crime was “outrageously or wantonly vile” was wholly unaffected by the erroneously admitted evidence. Additionally, the more to the Commonwealth's Attorney correctly stated Powell's previous convictions, including his attempted capital murder conviction, and essay skeleton, never emphasized or referred to the erroneous entry. “Taking the unaffected findings as a given, and taking due account of the effect of the errors on the remaining findings,” we hold that Powell has not “met the burden of showing that the decision reached would reasonably likely have been different absent the once more to the errors.” Id. Upon our review of the gender uk totality of the evidence that Powell constitutes a continuing serious threat to society and that his acts were vile in that he committed an once more to the lake purpose aggravated battery to the victim beyond the minimum necessary to Cloning Essay accomplish the act of murder, and that he demonstrated depravity of mind, we conclude that Powell failed to satisfy the high standard of prejudice established by the Supreme Court's holding in Strickland. Accordingly, we will dismiss the petition for habeas corpus. Dismissed.

Justice KEENAN, with whom Justice LACY and Justice KOONTZ join, dissenting. Justice KEENAN, with whom Justice LACY and Justice KOONTZ join, dissenting.I respectfully dissent and would hold that Powell is entitled to once more to the lake a new sentencing hearing. My concern is based on the incorrect evidence the jury received that Powell had been convicted of an additional capital murder committed on the same day as the present offense, when in fact he had not committed any such other offense. I cannot imagine a more prejudicial error in the admission of how to youtube chicago, sentencing evidence. When a jury in this Commonwealth is asked to decide whether a defendant convicted of capital murder should live or die, the jury undertakes one of the most serious tasks that any citizen can be asked to perform. An essential component of this decision is the jury's consideration of the defendant's criminal record. Under Code § 19.2-264.2, a jury must satisfy two statutory requirements before it may recommend a sentence of death. Ultimately, the jury must find that one of the once more purpose statutory aggravating factors has been proved. As an initial matter, however, the jury must consider the meaning defendant's criminal record of convictions.

Code § 19.2-264.2 requires that the jury analyze the purpose statutory aggravating factors only “after consideration of the past criminal record of convictions of the defendant.” Thus, a review of the defendant's criminal history is a prerequisite that applies regardless of which aggravating factor may finally be proved. Here, the sentencing proceedings conducted by the circuit court failed to comply with the first requirement of meaning of voyeurism, Code § 19.2-264.2, which plainly contemplates that the jury will have considered an more purpose accurate record of a defendant's criminal history before recommending that the defendant receive the death sentence. Thus, the error in this case cannot be categorized as the mere improper admission of evidence. Because of this failure in the sentencing process, the jury was unable to perform a mandatory duty assigned by statute. In my opinion, the majority's holding further suffers from extensive speculation and The Dangers, a failure to address the purpose broad discretion afforded a jury in making a death penalty determination.

Even when a jury has determined that the of legal drugs Commonwealth has proved both statutory aggravating factors beyond a reasonable doubt, the jury still can recommend that the defendant serve a sentence of life imprisonment. See Code §§ 19.2-264.2, -264.4; Smith v. Commonwealth, 219 Va. To The Purpose! 455, 472, 248 S.E.2d 135, 145 (1978); see also Tuggle v. Thompson, 57 F.3d 1356, 1371 (4th Cir.), vacated on other grounds by Tuggle v. Netherland, 516 U.S. Equality In The Uk! 10, 116 S.Ct. 283, 133 L.Ed.2d 251 (1995); Briley v. Bass, 750 F.2d 1238, 1241 (4th Cir.1984). The jury may impose a sentence of more lake purpose, life imprisonment for any reason based on any mitigating circumstance, and essay skeleton, is not required to weigh the evidence in mitigation against the evidence in aggravation of the crime. See Swann v. Once More Lake! Commonwealth, 247 Va. 222, 236-37, 441 S.E.2d 195, 205 (1994); see also Tuggle, 57 F.3d at 1362. The absence of any weighing requirement is a core concept of our death penalty jurisprudence, which provides the jury the broadest possible discretion in choosing to recommend a sentence of life imprisonment or a sentence of death. Essay Skeleton! Thus, the two main arguments on which the majority relies, namely, the weight of the Commonwealth's evidence against Powell, and the jury's determination that the Commonwealth proved both statutory aggravating factors, are not dispositive of the issue before us. A jury's exercise of this very broad sentencing discretion is once more lake, particularly difficult to assess under the The Dangers of Human Essay Strickland test because the jury can sentence a defendant to life imprisonment even in the face of overwhelming evidence in to the, aggravation of a crime.

Nevertheless, as directed by Strickland, we must answer whether there is a reasonable probability that the intraracial jury would not have recommended a sentence of death if the jury had received accurate sentencing information. The Supreme Court provided guidance in once more lake purpose, Strickland when it defined the term “reasonable probability.” The Court stated: “A reasonable probability is a probability sufficient to in the undermine confidence in the outcome.” Strickland, 466 U.S. at once to the purpose 694, 104 S.Ct. 2052; see Lovitt v. Warden, 266 Va. 216, 250, 585 S.E.2d 801, 821 (2003); Hedrick v. Warden, 264 Va. 486, 497, 570 S.E.2d 840, 847 (2002). The Court has further elaborated that the intraracial reasonable probability standard is a standard lower than “more likely than not.” See Holland v. Jackson, 542 U.S. Lake Purpose! 649, 654, 124 S.Ct. 2736, 159 L.Ed.2d 683 (2004); Woodford v. Visciotti, 537 U.S. 19, 22, 123 S.Ct.

357, 154 L.Ed.2d 279 (2002). The Supreme Court's definition of the meaning of voyeurism term “reasonable probability” underscores one of once to the lake purpose, my major concerns in the present case. In my view, a court cannot have confidence in the outcome of essay skeleton, a death penalty determination when the court's Strickland analysis relies on speculation. Yet, here, the majority resorts to speculation in assessing the once more lake potential impact of the incorrect sentencing information. The majority opines that the jury ultimately would have been able to determine that the additional capital murder conviction shown on the NCIC report was an erroneous entry.

Although the majority, as skilled members of the legal profession, can easily identify this inaccuracy, the majority simply speculates that the jurors had sufficient knowledge of the law to reach the The Dangers same conclusion. Based on lake, the evidence presented, the jurors could easily have viewed the NCIC report as proof that Powell committed a separate capital offense in Prince William County on the same day, brutally murdering an additional victim. The majority also suggests that because the prosecutor did not reference the intraracial racism incorrect sentencing information when he summarized the contents of the NCIC report at the time of its admission into evidence, his oral summary of Powell's crimes would likely have resolved any confusion created by the erroneous written exhibit. The majority further relies on defense counsel's comments, noting that he indicated that Powell had been convicted of one capital murder offense. The majority's reasoning, however, is flawed because it requires an more to the purpose assumption that the jury disregarded the essay skeleton instructions of the circuit court. In every jury trial in this Commonwealth, the court instructs the once more to the purpose jury that the examples of legal drugs statements of once to the lake purpose, counsel are not evidence in the case and may not be considered as such. Yet, here, the majority's holding requires a conclusion that the jury disregarded the evidence appearing on the NCIC report in favor of the comments of counsel. Thus, the majority's rationale extends beyond simple speculation and also requires an of Human Cloning Essay improper conclusion that the jury rejected duly admitted evidence in favor of counsels' remarks. Because a Strickland analysis cannot rest on such speculation and improper assumptions, I am required to conclude that the jury viewed the NCIC report as uncontested evidence that Powell had committed another capital murder.

This incorrect information went to the very heart of the sentencing determination, namely, whether the death penalty was appropriate based on the defendant's personal history and the crime for which he was being sentenced. I would hold that the jury's receipt of incorrect information of such magnitude negates any reasonable confidence in the outcome of Powell's sentencing proceeding. My concerns, however, reach far beyond the present case. In my opinion, such a serious mistake in a capital murder case may well cause the once more to the public to question whether our courts adequately ensure the fair application of our death penalty statutes. When a jury has determined that a defendant should die for the commission of a heinous murder, the public should be able to have confidence that this determination was made without fundamental errors having occurred in the sentencing process. A central premise in support of the intraracial death penalty is more lake, that society exacts this penalty only in examples, rare instances, and only after the more to the lake purpose penalty has been determined with full and fair adherence to constitutional, statutory, and evidentiary safeguards.

Because those safeguards failed in this case when a very able prosecutor made an meaning of voyeurism unintentional error, I would grant a writ of more lake, habeas corpus limited to the award of cite chicago, a new sentencing proceeding. Powell v. Kelly , 562 F.3d 656 (4th Cir. 2009) (Federal Habeas). Background: Following affirmance of conviction for capital murder and sentence of death, 267 Va. Once More Lake Purpose! 107, 590 S.E.2d 537, petition for writ of equality in the, habeas corpus was filed. The United States District Court for the Eastern District of Virginia, Thomas Selby Ellis, III, Senior District Judge, 531 F.Supp.2d 695, dismissed the petition. Petitioner appealed.

Holdings: The Court of Appeals, Shedd, Circuit Judge, held that: (1) state court's determination that Double Jeopardy Clause did not bar petitioner's prosecution was reasonable, and (2) state court's determination that defense counsel was not ineffective was not an unreasonable application of federal law. Affirmed. Gregory, Circuit Judge, filed opinion concurring in once more purpose, part and dissenting in essay skeleton, part. SHEDD, Circuit Judge: Paul Warner Powell, a Virginia capital inmate, appeals the denial of his petition for a writ of habeas corpus. We granted a certificate of appealability (“COA”) on three issues: (1) whether the imposition of once to the lake purpose, a death sentence is precluded by the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution; (2) whether trial counsel rendered ineffective assistance by failing to object to the admission of an inaccurate National Crime Information Center report; and (3) whether trial counsel rendered ineffective assistance by failing to develop and essay skeleton, present available mitigating evidence. For the following reasons, we affirm. We begin with a summary of the facts pertaining to the underlying crimes, as articulated by the Supreme Court of Virginia in Powell's first direct appeal: “Powell was acquainted with Stacey Lynn Reed (“Stacey”) for two and once more purpose, a half years prior to the commission of the crimes in question. Kristie Erin Reed (“Kristie”), Stacey's younger sister, described her sister and Powell as ‘[f]riends.’ Powell, who was 20 years old at the time of the examples of legal drugs murder, had wanted to date Stacey, who was 16 years old, but recognized that she was underage and he ‘could go to jail for that.’ ” “Powell, a self-avowed ‘racist and white supremacist,’ was aware that Stacey, who was white, was dating Sean Wilkerson, who is black. Wilkerson had recently moved to another locality, but he and Stacey remained in contact.

Stacey was a member of her high school's Junior Reserve Officer's Training Corps and planned to attend a military ball with Wilkerson. “Just before noon on January 29, 1999, Stacey arrived home from school early, having completed her examinations that were being given that day. Powell was waiting for to the lake purpose her at her home when she arrived. Examples! When Powell learned that Robert Culver, a friend of the girls' mother, would be home shortly for lunch, Powell left and returned at about 12:45 p.m., after Culver had left. When Powell returned, he was armed with a ‘survival’ knife, a ‘butterfly’ knife, a box cutter, and a 9-millimeter pistol. “Stacey was talking to Wilkerson on the telephone. After Stacey ended the telephone conversation, Powell confronted her about her relationship with Wilkerson.

He demanded that Stacey end her relationship with Wilkerson. According to Powell, he and Stacey argued, and the argument grew into a struggle. Powell drew the once more to the lake purpose survival knife from his belt and Stacey ‘got stuck.’ Powell denied stabbing Stacey deliberately. The struggle continued briefly until Stacey collapsed on the floor in her sister's bedroom. “Although Powell did not know whether Stacey was still alive, he made no effort to determine her condition or call for equality medical assistance. Once Purpose! Powell ‘wandered around the house, got some iced tea, had a cigarette.’ Kristie arrived home from school shortly after 3 p.m. and was met at the door of the home by Powell. Gender Equality! Powell told her that Stacey was in her room, but moments later Kristie discovered her sister's body in Kristie's bedroom. More Purpose! She dropped her schoolbooks and began to cry.

“Powell ordered Kristie to go to the basement. Kristie, who knew that Powell was usually armed, complied because she ‘didn't want to die.’ In the basement, Powell ordered Kristie to essay skeleton remove her clothes and to once to the lie on the floor. Powell then raped Kristie, and she ‘begg[ed] him not to kill her.’ Powell later admitted that he knew that Kristie, who was 14 years old at the time of the rape, had been a virgin.” “While Powell and Kristie were in the basement, Mark Lewis, a friend of essay skeleton, Kristie, came to the house and knocked on the door. When Powell heard the knock, he tied Kristie's legs together and tied her hands behind her back with shoelaces he cut from her athletic shoes. Powell then dressed and went upstairs. “While Powell was upstairs, Kristie managed to loosen the bonds on her hands and attempted to ‘scoot across the floor to hide’ under the once more to the basement steps. Hearing Powell coming back to the basement, she returned to the position on the floor where he had left her. Powell then strangled Kristie with a shoelace and she lost consciousness. While she was unconscious, Powell stabbed Kristie in the abdomen and youtube video chicago, slit her wrists and throat.” “Powell returned upstairs, searching for ‘anything worth taking.’ He fixed another glass of iced tea, which he took with him when he left the once lake purpose home a short time later. Examples Of Legal! Powell went to a friend's house and then drove with the friend to the District of Columbia to buy crack cocaine. “Kristie regained consciousness sometime after Powell had left her home.

About 4:10 p.m., she heard Culver return home, and she called out his name. Culver discovered Kristie in the basement, called the 911 emergency response telephone number, and began rendering first aid to her. He later discovered Stacey's body upstairs. Shortly thereafter, paramedics arrived. In response to more to the purpose a question from one of them, Kristie identified Powell as her attacker. Essay Skeleton! Powell was arrested later that day at the home of his friend's girlfriend, where he and the friend had gone after buying drugs. “Kristie was transported by helicopter to Inova Fairfax Hospital where she received treatment for her injuries. It was ultimately determined that the once more to the lake purpose wounds to her throat and essay skeleton, abdomen each came within one centimeter of purpose, severing a major artery which likely would have caused her death.

“An autopsy revealed that Stacey had died from a knife wound to intraracial racism the heart. The medical examiner testified that there was a single entrance wound and two exit wounds indicating that the knife had been withdrawn, at more lake least partially, and meaning of voyeurism, then reinserted into the heart. One wound path pierced the left ventricle and the other went through both the once more to the lake purpose left and right ventricles, exiting the heart at the back of the right ventricle. “Stacey's body also exhibited a number of bruises on the head, chest, abdomen, back, arms, and intraracial racism, legs, abrasions on the face, a stab wound to the back, and a cut and scrapes on the left forearm. The autopsy further revealed that Stacey had been struck on the head with sufficient force to cause bleeding inside her scalp and in more to the lake purpose, the membranes surrounding her brain prior to how to youtube video death. These injuries were not consistent with Stacey merely having fallen during a struggle.

“The DNA profile obtained from the blood found on Powell's survival knife was consistent with the DNA profile of Stacey's blood. The DNA profile obtained from sperm fractions from swabs taken from Kristie's vagina and perianal area was the same profile as that obtained from Powell's drawn blood sample. “While in jail, Powell wrote letters to friends in once purpose, which he admitted having committed the murder, rape, and attempted murder because of Stacey's relationship with a black man. He further claimed that he had planned to kill Stacey's family and essay skeleton, steal the family's truck. Once Lake Purpose! Powell also wrote to a female friend and asked her to examples of legal drugs ‘get one of [her] guy friends . to go to a pay phone and call Kristie and tell her [that] she better tell the cops she lied to once purpose them and how to chicago, tell her [that] she better not testify against once more lake, me or she's gonna die.’ “Powell told another inmate that he had become angry with Stacey when she refused to have sex with him after talking to Wilkerson. Essay Skeleton! Powell told the inmate that he stabbed Stacey twice and that when he attempted to more to the lake cut Kristie's throat, his knife was too dull, ‘[s]o he started stepping on her throat trying to stomp her throat.’ To another inmate, Powell described Stacey's killing as a ‘human sacrifice’ and expressed satisfaction in having raped a virgin.” Powell v. Commonwealth, 261 Va.

512, 552 S.E.2d 344, 347-348 (2001) (“ Powell I ”). B. In the original indictment, Powell was charged with a single count of capital murder in how to youtube chicago, which the gradation crime was the commission, or attempted commission, of robbery.FN1 In 2000, Powell was convicted of the capital murder of Stacey and once more, sentenced to death. Meaning! In addition, Powell was convicted of the abduction, rape, and attempted capital murder of Kristie, and he was also convicted of grand larceny. On these non-capital convictions, Powell was sentenced to three terms of life imprisonment and fines totaling $200,000. More Lake Purpose! Powell was acquitted of of legal, robbery, attempted robbery, and three firearm charges. FN1. Virginia's capital murder statute includes fifteen gradation offenses, which when accompanied with the “willful, deliberate, and premeditated killing” of a person, make the defendant eligible for the death penalty.

See Va.Code § 18.2-31. In June 2001, the Supreme Court of Virginia reversed Powell's capital murder conviction, holding that the once purpose trial judge erred by allowing a pretrial amendment of the how to video chicago capital murder indictment to charge two new gradation crimes that were not considered by the grand jury. See Powell I, 552 S.E.2d at 355-56. The additional gradation crimes were the commission, or attempted commission, of more to the, rape and the commission, or attempted commission, of sodomy. The court held that including these additional counts of capital murder expanded the nature and character of the charges against Powell in a manner not allowed by essay skeleton Va.Code § 19.2-231. Id. at 357.FN2. FN2. Lake! Va.Code § 19.2-231 allows the government to amend an indictment to how to youtube video chicago correct a defect in once more to the lake purpose, the form of the indictment or a variance between the allegations and the evidence offered in proof thereof, so long as the amendment does not change the nature or character of the offense charged. Based on the circumstances then existing, the state supreme court also concluded that there was no basis to try Powell for capital murder on remand. Id. at 363.

In making this determination, the court noted that Powell had been acquitted of robbery or attempted robbery, thereby eliminating these offenses from being gradation offenses for equality the capital murder charge. Further, the court held that “the evidence was insufficient to support [Powell's] conviction for the capital murder of Stacey ‘during the commission of or subsequent to’ the rape of Kristie” because the evidence clearly showed the rape of Kristie occurred after the murder of Stacey. Id. at 361. Finally, the court noted that there was no evidence of Powell having raped or attempted to rape Stacey. Id. at 363.

C. While awaiting retrial and once more, believing that he could no longer be tried for of legal drugs capital murder, Powell wrote the Commonwealth's Attorney and disclosed new evidence regarding the circumstances surrounding Stacey's death. In Powell's second direct appeal, the Supreme Court of lake, Virginia summarized the events as follows: FN3. FN3. For purposes of clarity, we have omitted any footnotes within this summary that are irrelevant to the disposition of the issues before us. “On October 21, 2001, Powell wrote an obscenity-laced letter to the Commonwealth's Attorney who had prosecuted Powell in his first trial. Powell stated in the letter that, because he believed he could not be retried for capital murder, ‘I figured I would tell you the intraracial racism rest of what happened on Jan. 29, 1999, to to the show you how stupid all y'all . are.’ Admitting that he ‘planned to kill the whole family’ on of Human Essay, that day, Powell further stated that ‘I had other plans for [Stacey] before she died.’ Powell described how he had attempted to initiate consensual sexual intercourse with Stacey, which he had previously admitted.

Powell then revealed that when Stacey resisted his advances, he pushed her onto her bed and, while sitting on top of her, told Stacey ‘that we could do it the easy way or the hard way.’ “Powell then described how Stacey had ‘started fighting with me and clawed me [sic] face.’ Powell stated that he ‘slammed her to once more the floor . sat on top of her and intraracial racism, pinned her hands down again.’ Powell claimed that Stacey relented ‘and I told her if she tried fighting with me again I would kill her.’ “Continuing, Powell stated that, at more to the lake purpose his direction, Stacey began to disrobe, but stopped when the telephone rang. Stacey put her clothes back on so that she could answer the meaning telephone. More To The Lake Purpose! Powell refused to allow Stacey to answer the of Human telephone and to the purpose, ordered her to resume disrobing. When she refused, Powell ‘pushed her back and pulled out [his] knife.’ When Stacey attempted to leave the bedroom, Powell stabbed her. Stacey fell back and Powell removed the knife. Stacey then stumbled to another bedroom and The Dangers of Human Cloning Essay, collapsed. To The Lake Purpose! Powell ‘saw that she was still breathing’ and gender in the uk, ‘started stomping on her throat’ until he ‘didn't see her breathing anymore.’ “Armed with this new evidence, the once more to the purpose Commonwealth elected to nolle prosequi the indictment in the remanded case, under which it was limited to cite youtube video chicago trying Powell for once to the purpose first degree murder under our mandate, and sought a new indictment against Powell for capital murder. On December 3, 2001, the grand jury returned an of voyeurism indictment charging Powell with the capital murder of more lake purpose, ‘Stacey Lynn Reed during the commission of or subsequent to the attempted rape of examples, Stacey Lynn Reed.’ “On April 24, 2002, Powell filed a motion to dismiss the December 3, 2001 indictment.

Powell asserted that'[w]hen the Supreme Court of Virginia issues an opinion concerning a case, this opinion becomes the to the law of the case' and, thus, the directive of the opinion and mandate from intraracial this Court in his first appeal limited his retrial to a charge no greater than first degree murder, regardless whether that trial was conducted under the original indictment or a new indictment. More To The Lake Purpose! The Commonwealth filed a response to this motion, asserting that the judgment of this Court in essay skeleton, Powell's first appeal was not applicable to the December 3, 2001 indictment because Powell had ‘never [previously] been charged with the capital murder of Stacey Reed in the commission or attempted commission [of] sexual assault against [Stacey Reed] because, at the time of [Powell's first] trial, no such evidence existed.’ Accordingly, the Commonwealth contended that the to the purpose December 3, 2001 indictment was ‘a new charge, one that has never been litigated in trial nor considered by cite video the Virginia Supreme Court. Following a hearing on this and once more purpose, other pre-trial matters, the trial court overruled Powell's motion to dismiss the indictment in an order dated May 6, 2002. “On May 17, 2002, Powell filed a second motion to cite video chicago dismiss the December 3, 2001 indictment. The import of lake, Powell's argument was that his prior trial and the reversal of his conviction by [the Supreme Court of Virginia] acted as an ‘implied’ or ‘judicial’ acquittal of the attempted rape of Stacey, thus barring his retrial for her capital murder premised on that gradation offense. The Commonwealth responded that the examples drugs issue whether Stacey had been the more victim of gender uk, a sexual assault was not before the jury in his first trial because the once more lake purpose bill of particulars provided at Powell's request indicated that only Kristie was the The Dangers of Human Cloning Essay victim of the sexual assault gradation offenses charged in the amended indictment. More Lake! Similarly, the Commonwealth contended that our comments concerning the insufficiency of the evidence to prove a sexual assault or attempted sexual assault against Stacey were not directed toward any finding of the jury, but to the contrary were indicative of the fact that the essay skeleton jury did not consider whether Stacey had been the victim of lake purpose, such an assault or attempt.

“On June 5, 2002, the trial court held a hearing on Powell's second motion to of Human Cloning Essay dismiss the indictment. After hearing argument, the trial court stated that by identifying Kristie as the victim of the once purpose rape or attempted rape in the bill of particulars, the intraracial racism Commonwealth had clearly identified her as the once purpose victim of those gradation crimes in the amended indictment for capital murder. The trial court also agreed with the Commonwealth that this Court's reference to the lack of The Dangers Cloning, evidence to prove any sexual assault or attempted sexual assault against Stacey was merely a comment on to the, the record, and not an assertion that this was a theory of the case presented by the Commonwealth in Powell's first trial. Essay Skeleton! On July 3, 2002, the trial court entered an order overruling Powell's second motion to dismiss the to the lake purpose indictment.” Powell v. Commonwealth, 267 Va. 107, 590 S.E.2d 537, 544-545 (2004) (“ Powell II ”). D. In January 2003, Powell was convicted of the capital murder of Stacey during the commission of rape or attempted rape of Stacey and sentenced to death. Powell appealed his conviction claiming, inter alia, that the second indictment should have been dismissed on various grounds, including the Double Jeopardy Clause. In Powell II, the Supreme Court of Virginia rejected Powell's claims and affirmed his conviction. Powell next challenged his conviction and how to youtube, sentence in collateral state proceedings. To The Lake Purpose! See Powell v. Warden of Sussex I State Prison, No. 042716, 2005 WL 2980756 (Va.2005) (“ Powell III ”).

Powell raised numerous claims that the state supreme court found were procedurally defaulted, including an of Human allegation that the Commonwealth violated his right against double jeopardy by trying him twice for the same offense. Among the new claims Powell asserted was an objection to the admission of a National Crime Information Center report (“NCIC report”) containing inaccurate information about Powell's criminal history during sentencing and a claim that his trial counsel provided him ineffective assistance by more to the failing to cite investigate and present compelling mitigating evidence. The Supreme Court of Virginia denied relief on to the lake, all grounds. Subsequently, the state supreme court granted rehearing on the question of whether counsel was ineffective in gender equality, the sentencing phase for failing to once to the lake object to the NCIC report. See Powell v. Warden of Sussex I State Prison, 272 Va. Gender Equality Uk! 217, 634 S.E.2d 289 (2006) (“ Powell IV ”). Ultimately, the court rejected this claim and denied Powell's petition for more a new sentencing hearing. Essay Skeleton! Id. Thereafter, Powell filed a petition for a writ of habeas corpus in once more lake purpose, federal district court.

See 28 U.S.C.A. § 2254. Powell asserted nine claims for relief. See Powell v. Kelly, 531 F.Supp.2d 695, 705 (E.D.Va.2008) (“ Powell V ”). On the Commonwealth's motion, the district court dismissed Powell's petition. Drugs! As noted, we granted a COA on three issues: (1) whether the imposition of a death sentence is precluded by the Double Jeopardy Clause; (2) whether trial counsel was constitutionally ineffective in failing to object to more lake purpose the admission of an inaccurate NCIC report; and chicago, (3) whether trial counsel was constitutionally ineffective in failing to develop and present available mitigating evidence. We address each in turn.

We review the district court's dismissal of Powell's petition de novo. See Tucker v. To The Lake! Ozmint, 350 F.3d 433, 438 (4th Cir.2003). However, under 28 U.S.C. § 2254, “the scope of our review is how to youtube, highly constrained.” Jackson v. Johnson, 523 F.3d 273, 276 (4th Cir.2008). We may only to the lake, grant Powell relief if the state court's adjudication of his claims (1) “resulted in essay skeleton, a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” 28 U.S.C. Once More Lake! § 2254(d)(1); or (2) “resulted in a decision that was based on an unreasonable determination of the cite chicago facts in light of the evidence presented in the State court proceeding,” 28 U.S.C. Once More To The! § 2254(d)(2). The “contrary to” and “unreasonable application” clauses of § 2254(d) have independent meanings. Tucker, 350 F.3d at 438. A state court's decision is gender equality uk, “contrary to” clearly established federal law under § 2254(d)(1) when it “applies a rule that contradicts the governing law set forth” by the United States Supreme Court, or “confronts a set of facts that are materially indistinguishable from a decision of . [the Supreme] Court and nevertheless arrives at a result different from . [that] precedent,” Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000).

A state court's decision involves an once lake “unreasonable application” of clearly established federal law under § 2254(d)(1) “if the state court identifies the correct governing legal rule from . [the Supreme] Court's cases but unreasonably applies it to of Human Cloning the facts of the particular state prisoner's case.” Williams, 529 U.S. at 407, 120 S.Ct. 1495. This standard is quite deferential: “The state court's application of clearly established federal law must be ‘objectively unreasonable,’ and more to the lake, ‘a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.’ ” Robinson v. Polk, 438 F.3d 350, 355 (4th Cir.2006) (quoting Williams, 529 U.S. at 411, 120 S.Ct. 1495). Moreover, when “assessing the reasonableness of the state court's application of federal law, the federal courts are to review the Essay result that the state court reached, not whether [its decision] [was] well reasoned.” Wilson v. Ozmint, 352 F.3d 847, 855 (4th Cir.2003) (quotation marks omitted). Similarly, a petitioner alleging that a state court based its decision on an “unreasonable determination of the facts” under § 2254(d)(2) must satisfy a demanding standard: “The question . is not whether a federal court believes the state court's determination was incorrect but whether that determination was unreasonable-a substantially higher threshold.” Schriro v. Landrigan, 550 U.S.

465, 127 S.Ct. 1933, 1939, 167 L.Ed.2d 836 (2007). Finally, § 2254(e)(1) provides that a state court's factual decisions “shall be presumed to be correct” and that the petitioner bears the burden of “rebutting the presumption of correctness by clear and convincing evidence.” 28 U.S.C § 2254(e)(1).FN4. FN4. Moreover, in cases proceeding under either § 2254(d)(1) or § 2254(d)(2), we can only grant the petitioner relief if the purpose error had “a substantial and injurious effect or influence in intraracial racism, determining the jury's verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (quotation marks omitted). B. We begin with Powell's double jeopardy claim. Powell asserts two arguments in this regard. More To The Lake Purpose! First, he contends that the gradation offenses charged at both trials were the same-that is, he was tried for capital murder during the rape or attempted rape of Stacey in both trials.

Alternatively, if we decide the intraracial same offense was not charged in both trials, Powell nevertheless argues that the crime charged in the second trial had actually been litigated in the first trial, even if not formally charged. Conversely, the Commonwealth argues that the capital murder charges were different in each trial-that is, Powell was charged with the capital murder of Stacey during the rape or attempted rape of Kristie in the first trial and charged with the capital murder of Stacey during the rape or attempted rape of once more to the lake purpose, Stacey in the second trial. The Double Jeopardy Clause prohibits any person from being put in intraracial, jeopardy twice for the same offence. See U.S. Const. amend. V. More To The Lake Purpose! The Supreme Court held in Sanabria v. Examples Drugs! United States, 437 U.S. More Lake! 54, 64, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (citing Ball v. United States, 163 U.S. 662, 670, 16 S.Ct.

1192, 41 L.Ed. 300 (1896)), that the essay skeleton Fifth Amendment prohibits subjecting a defendant to a second trial on the same offense for which he has been acquitted. Lake Purpose! In Sanabria, the Court stated that when a defendant is charged with several violations of the same criminal statute, the appropriate double jeopardy inquiry is whether the legislature intended the charged violations to be separate “allowable unit [s] of prosecution.” Id. at meaning 70, 98 S.Ct. 2170. Stated differently for purposes of this case, the to the lake issue is whether the Virginia legislature intended that a defendant could be charged with multiple counts of capital murder where there is The Dangers, one murder victim accompanied by multiple gradation offenses. The Supreme Court of Virginia adjudicated Powell's double jeopardy claim on direct appeal and rejected both of his arguments. Powell II, 267 Va. 107, 590 S.E.2d 537.

In analyzing Powell's first argument, the court cited its precedent holding that the General Assembly of Virginia intended that a defendant may be prosecuted for multiple violations of the Virginia capital murder statute where, as here, there is a single murder victim but different gradation crime victims. Id. at once purpose 553 (citing Payne v. Commonwealth, 257 Va. 216, 509 S.E.2d 293 (1999)). The state court found that the capital murder charge in the second trial alleging the murder of Stacey and attempted rape of Stacey was a distinct and separate crime from the of Human Essay offense charged in the first trial-namely, the once more lake purpose capital murder of Stacey during the commission of, or subsequent to, Powell's rape of Kristie. The court concluded that Powell's second capital murder trial was not barred by the Double Jeopardy Clause. As to Powell's first argument, we hold that the Virginia Supreme Court's decision was consistent with Supreme Court precedent and cite youtube chicago, was not an unreasonable application of once more purpose, federal law. The analysis that the state court conducted was precisely the meaning analysis Sanabria mandates. Therefore, the decision was not contrary to clearly established federal law. Further, the court's determination was not an unreasonable application of the once more Supreme Court's clearly established precedent. Sanabria requires a court to determine whether the examples of legal drugs legislature intended to allow multiple charges under the statute.

In this case, the Virginia Supreme Court decided that under Virginia law, a defendant can be charged for multiple capital murder counts where there is a single murder victim accompanied by multiple gradation offenses. Id. Thus, the state court did not apply the Supreme Court's precedents to the facts in an objectively unreasonable manner. The Virginia Supreme Court also rejected Powell's alternative double jeopardy argument that the attempted rape of Stacey charged in the second trial had already been litigated in the first trial. The court relied on once to the purpose, settled state law that Stacey's attempted rape was not at issue in the first trial because the Commonwealth's bill of gender in the uk, particulars limited the first trial solely to the capital murder of Stacey subsequent to, or in the commission of, the rape of once more lake, Kristie.

See Powell II, 590 S.E.2d at 554 (holding that “by naming a specific victim of the gradation offense in essay skeleton, a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by the bill of particulars”).FN5 In reaching this result, the court followed its precedent holding that “the bill of particulars and the indictment must be read together” as specifying the crime charged. Once To The! See Livingston v. Commonwealth, 184 Va. 830, 36 S.E.2d 561, 565 (1946). The court recognized that the original indictment in the first trial did not identify the name of the victim of the how to video gradation offense. However, upon to the purpose, Powell's request, the of Human Cloning Commonwealth specified in a bill of particulars that the charged offense only more, involved Kristie as the victim of the gradation offense. Thus, the court concluded that Powell was only tried in the first trial for the capital murder of Stacey during the meaning commission of, or subsequent to, the rape of Kristie. See Powell II, 267 Va. 107, 590 S.E.2d 537. Based on established state law principles, the court ruled that Powell's second trial was not a double jeopardy violation because the indictment in to the, the second trial charged a crime not charged in the first trial.

FN5. A defendant does not have a right to a bill of particulars in Virginia. How To Chicago! See Quesinberry v. Commonwealth, 241 Va. 364, 402 S.E.2d 218, 223 (1991) (holding whether the Commonwealth is required to file a bill of particulars lies within the discretion of the trial court). Once! Further, there is no federal constitutional right to a bill of particulars. See United States v. Racism! Bales, 813 F.2d 1289 (4th Cir.1987) (internal citations omitted). The purpose of a bill of particulars is “to state sufficient facts regarding the crime to inform an accused in advance of the offense for lake which he is to be tried.” Quesinberry, 402 S.E.2d at 223 (citing Hevener v. Commonwealth, 189 Va. 802, 54 S.E.2d 893, 899 (1949)).

Importantly, at essay skeleton the time Powell requested a bill of particulars, he was the only person who knew that the once lake unidentified gradation victim could be either Stacey or Kristie. Thus, he benefitted from the Commonwealth informing him that Kristie was the victim of the gradation offense in preparing his defense. Finally, in a jury trial, jeopardy attaches when a jury is empanelled and sworn. Serfass v. Essay Skeleton! United States, 420 U.S. 377, 388, 95 S.Ct. To The Lake! 1055, 43 L.Ed.2d 265 (1975) (citing Downum v. United States, 372 U.S.

734, 83 S.Ct. 1033, 10 L.Ed.2d 100 (1963)). It is clear that at the time the intraracial racism jury was sworn in Powell's first trial, Powell was only in jeopardy, so far as is more lake, relevant here, for the murder of Stacey during the rape of gender uk, Kristie as specified by the bill of particulars. Powell argues that this holding was an unreasonable determination of the facts in light of the evidence presented at trial. He claims, among other arguments, that the bill of particulars did not limit the charge because the jury heard argument from the once more purpose prosecutor that Powell “wanted something more” from Stacey, the jury heard testimony from witnesses suggesting that Stacey refused to gender equality in the have sex with Powell, and the jury was not told about the limitation of the once more bill of particulars. Powell's argument falls short of showing an unreasonable determination of the facts in light of the evidence presented. First, under settled Virginia precedent, the court determined that, as a matter of essay skeleton, state law, Powell was not charged with the attempted rape of Stacey in the first trial. More To The Purpose! Second, because Powell “wanted something more” does not mean that Powell attempted to rape Stacey. It is entirely plausible that “wanted something more” meant only that Powell wanted a sexual relationship with Stacey, but she was uninterested. This is not a basis for a charge of attempted rape. Finally, there was testimony in the first trial that Stacey had refused to have sex with Powell.

Again, rejecting sexual advances, without more, is not evidence of an The Dangers attempted rape. Once Purpose! The evidence of Powell attempting to rape Stacey after her refusals only came to light after the first trial was over. If the essay skeleton Commonwealth had been prosecuting Powell for this gradation offense, it would not have restricted the bill of particulars to identifying only Kristie as the victim of the gradation offense. Clearly, the once to the lake purpose state court's determination that the charge that Powell had attempted to rape Stacey was not litigated in meaning, the first trial was not an unreasonable determination of the facts in light of the evidence presented. FN6 Accordingly, we find no error in once more to the lake, the state court's application of federal law.FN7. FN6.

The dissent's criticism of our decision rests on a misunderstanding of the facts of this case. When one reviews the record of the first trial it becomes clear that no one involved litigated as though Powell was being tried for murder during the rape or attempted rape of Stacey. The Commonwealth certainly did not offer evidence on gender equality in the, that purported charge during that trial. Moreover, the once bill of particulars unambiguously identified Kristie only as the video chicago victim of the rape or attempted rape, and Powell's trial counsel clearly recognized this fact as evidenced by their comments to the court and to once to the lake the jury. See, e.g., Record, Vol. 2, at 1068 (“The rape involved Kristi[e], not Stac[ey]”); Record, Vol. Racism! 2, at 1052 (“Stac[ey] is the victim or alleged victim on the capital murder, the robbery, and the attempted robbery. And . Kristi[e] the victim or alleged victim on rape . Once Lake! ”); Record, Vol. 2, at 995 (“and on the rape allegation, obviously, Kristi[e] Reed”); Record, Vol.

2, at of legal drugs 935 (“I might also add in the Bill of Particulars that Your Honor ordered, the Government identified the victim of the alleged rape and attempted rape . as being Kristie, not Stac[ey], but Kristie”). The trial judge likewise recognized this fact. More To The Purpose! For example, the trial judge instructed the jury that “[s]exual intercourse means an drugs actual penetration, no matter how slight, of the Defendant's penis into the sexual organ of Kristi[e] Reed.” Record, Vol. More To The Lake! 2, at 1024-25. Although the dissent contends that the trial judge's response to the jury question suggests that he was confused as to the identity of the meaning of voyeurism rape victim, the proceedings that followed the once to the purpose receipt of the question demonstrate that the judge was not confused on that point. It is gender equality uk, clear that the trial judge was not concerned with who the victim of the rape was; instead, he was concerned with the timing of the rape of Kristie and whether the murder of Stacey could be found to once to the have occurred “subsequent to” or “during the commission of” the rape of Kristie. See J.A. 53-55, 62. FN7. Cite Youtube Chicago! Related to his double jeopardy claim, Powell argues that his second trial is barred by principles of collateral estoppel. See Ashe v. More To The Lake Purpose! Swenson, 397 U.S.

436, 443, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). Although the state argues this claim is procedurally defaulted, we find that it lacks merit in any event. For substantially the essay skeleton reasons given by the district court, we affirm the dismissal of once, this claim. See Powell V, 531 F.Supp.2d at 724-25. C. We next turn to Powell's claim that his trial counsel was ineffective in not objecting to the admission of the youtube video chicago NCIC report. The report incorrectly stated that Powell had been convicted of capital murder and referenced a pending capital murder charge, presumably the charge for which Powell was standing trial. Finally, the once report contained correct entries that Powell asserts were inadmissible at trial, such as charges that were nolle prossed or for which Powell was found not guilty. In Strickland v. Essay Skeleton! Washington, 466 U.S.

668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the Supreme Court articulated the relevant standard for a claim of once purpose, ineffective assistance of drugs, counsel: A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the once more to the ‘counsel’ guaranteed the defendant by equality uk the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to purpose deprive the defendant of a fair trial, a trial whose result is reliable. How To Cite Youtube Chicago! Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the once more result unreliable.

Id. at youtube video chicago 687, 104 S.Ct. Once Purpose! 2052. The Supreme Court of Virginia found, in of voyeurism, its first opinion denying Powell's state habeas petition, that there was a single capital murder conviction entry listed on once to the lake purpose, the NCIC report. Powell III, 2005 WL 2980756, at 14. The court determined this entry referenced Powell's first conviction for the capital murder of Stacey, which was reversed in Powell's first direct appeal. Id.

Powell petitioned the court for rehearing on this issue and the court granted his motion. See Powell IV, 272 Va. 217, 634 S.E.2d 289. How To Cite Chicago! On rehearing, the court found that there was an once to the additional incorrect capital murder conviction entry in the NCIC report that referred to of legal drugs Powell's conviction for the attempted capital murder of Kristie. After acknowledging these errors, the court found that there was no valid claim for ineffective assistance of counsel under Strickland because Powell could not demonstrate prejudice. Id. at 299, 272 Va. Once To The Purpose! 217.

Powell contends that the state court's interpretation of the inaccuracies in the report is itself error because the court's determinations of what the meaning state capital convictions actually meant was based on speculation. However, Powell's arguments fails. We must presume the correctness of a state court's factual determination unless the habeas petitioner rebuts the presumption of correctness by clear and convincing evidence. 28 U.S.C. § 2254(e)(1). Powell has offered no clear and to the lake purpose, convincing evidence to rebut the presumption of correctness that we afford the state court's factual findings. Next, Powell contends that the state court unreasonably applied Strickland because he has shown that his trial counsel was ineffective in failing to object to the NCIC report. We disagree. Under Strickland, Powell must show that “there is a reasonable probability that, absent the meaning of voyeurism errors, the sentencer . would have concluded that the more to the lake balance of aggravating and mitigating circumstances did not warrant death.” Strickland, 466 U.S. at 695, 104 S.Ct. Equality In The Uk! 2052.

Stated differently, Powell can show prejudice and is entitled to relief only if he can show that had the NCIC report not been admitted, “there is a reasonable probability that at least one juror would have struck a different balance.” Wiggins v. Smith, 539 U.S. 510, 537, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003). Absent this showing, Powell is not entitled to relief. The Supreme Court of Virginia's analysis was not objectively unreasonable. Once More Lake! The court listed the overwhelming evidence presented to intraracial the jury that demonstrated Powell's future dangerousness. This evidence included, inter alia: 1) the once purpose heinous details of the crimes; 2) the letter Powell wrote to the prosecutor following the intraracial first trial divulging of the circumstances of Stacey's attempted rape and to the purpose, death; 3) a taunting letter Powell wrote to Stacey's mother; FN8 4) another letter Powell wrote to the Commonwealth's Attorney stating that he wanted to get out of prison to “kill . everybody else in this f[* *]ked up country that's not white;” 5) a letter Powell wrote asking a friend to threaten Kristie; and 6) Powell's admission to police that he wanted to “[k]ill a lot of somebodies . [j]ust for something to video chicago do.” See Powell IV, 634 S.E.2d at 290-94. The court also pointed out that the Commonwealth's attorney relied very little on Powell's criminal history in arguing future dangerousness. See Id. at 297, 272 Va. 217.

The prosecutor correctly summarized Powell's prior convictions and never suggested that Powell had been convicted of other capital murder charges. FN8. While incarcerated, Powell sent a letter to Lorraine Reed, the mother of Stacey and Kristie. Powell enclosed a photograph of a woman who resembled Stacey and who was naked from the waist up. To The Lake Purpose! Among other things, Powell asked Lorraine for racism her help in identifying who the woman in once to the lake purpose, the picture resembled, directed Lorraine to ask Kristie for The Dangers of Human Cloning Essay help if she could not determine who it resembled, and asked Lorraine to give his address to once more to the lake the person about whom he was referring. The state court balanced the aggravating evidence against the limited use of the NCIC report and noted that “a verdict or conclusion only of Human Essay, weakly supported by the record is more likely to have been affected by errors than one with overwhelming record support.” Id. at 298, 272 Va. 217 citing Strickland, 466 U.S. at 696, 104 S.Ct. To The! 2052.

The court then concluded that, in light of the overwhelming aggravating evidence of drugs, Powell's future dangerousness, Powell had not shown that “but for” the once to the purpose admission of the NCIC report, at least one juror would have chosen not to meaning sentence him to death. Once More To The! Thus, Powell had not shown that any alleged deficiency by trial counsel had affected the outcome of his sentence. Powell's ineffective assistance of counsel claim fails. Of Legal Drugs! The state court properly applied Strickland to the facts of this case. Purpose! First, it is reasonable to believe the jury understood Powell had not previously been convicted of the capital murder of two other victims in addition to Stacey. The jury knew Powell's previous conviction of the capital murder of meaning of voyeurism, Stacey had been successfully appealed and vacated based on the contents of Powell's letter to more to the lake the Commonwealth's attorney. Youtube Video! Further, Powell's own attorney made statements that Powell had successfully appealed a capital murder conviction. The jury was aware of the crimes that had been committed against to the, Kristie, including the resulting attempted capital murder conviction. See id. Essay Skeleton! Thus, it is more to the, reasonable that the jury, upon seeing the two entries for examples of legal drugs capital murder, would understand that the once purpose NCIC report's entries were inaccurate and actually referred to the attempted capital murder of Kristie and the vacated conviction for The Dangers the capital murder of Stacey.

In sum, Powell has failed to meet his burden to show the unreasonableness of the state court's determinations. We conclude that the state court's determination that Powell had not shown prejudice is not an more purpose unreasonable application of Supreme Court precedent or based on an unreasonable determination of the facts in light of the intraracial racism evidence presented at once more to the lake trial. Essay Skeleton! Therefore, we affirm the dismissal of this claim.FN9. FN9. Powell asserts three other reasons that the state court unreasonably applied federal law.

First, Powell argues the state court failed to consider the totality of the evidence in performing its prejudice analysis. Second, Powell argues the state court improperly relied on the existence of an “untainted” aggravating factor to support the death sentence when the court explained that Powell's criminal history “has nothing to do with” vileness. We have reviewed the record in once more to the purpose, this regard and find no basis for relief. Finally, Powell argues that the state court unreasonably applied Strickland by using an improperly elevated standard of The Dangers of Human, prejudice. The state court described Strickland's standard as “highly demanding.” Powell IV, 634 S.E.2d at 296 quoting Kimmelman v. Morrison, 477 U.S.

365, 382, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986). Powell's argument in this regard is not persuasive. In reviewing the once more purpose state court's opinion, it is clear that it did not require a more demanding showing under Strickland; rather, the court was simply commenting that the essay skeleton standard was high and Powell had not met it. We now turn to Powell's final claim that his trial counsel was ineffective by failing to once more to the purpose investigate and present all reasonably available mitigating evidence. Powell contends that there was compelling mitigation evidence to counter the meaning Commonwealth's evidence of aggravation. Powell maintains that counsel failed to to the counter the Commonwealth's arguments that, inter alia, he: held racist beliefs and tortured animals; was inherently violent; had no remorse; and was of above average intelligence. Generally, Powell contends that counsel was ineffective in failing to offer the following evidence: that Powell made racist statements for their shock value on listeners, rather than as expressions of true beliefs; that he was actually kind to animals; that he had never been inherently violent; that numerous persons witnessed him showing serious remorse for his crime; and that he is not of above average intelligence.

It is well-established that an individual claiming ineffective assistance of counsel must show, first, that counsel's performance was deficient, in that it “fell below an objective standard of reasonableness.” Strickland, 466 U.S. at 688, 104 S.Ct. The Dangers Cloning Essay! 2052. Once counsel conducts a reasonable investigation of law and facts in a particular case, his strategic decisions are “virtually unchallengeable.” Id. at once lake purpose 690, 104 S.Ct. Of Legal Drugs! 2052. Tactical or reasonable professional judgments are not deficient but a failure to investigate a material matter due to inattention may be deficient. When the claim is that counsel failed to present a sufficient mitigating case during sentencing, the inquiry “is not whether counsel should have presented a mitigation case” but “whether the investigation supporting counsel's decision not to introduce mitigating evidence . was itself reasonable.” See Wiggins, 539 U.S. at 523, 123 S.Ct. 2527 (internal citations omitted). The Supreme Court of once, Virginia properly analyzed this claim under Strickland. Therefore, our review is limited to whether the intraracial racism state court's application of federal law was unreasonable. The Supreme Court of Virginia examined each claim and properly made a determination under Strickland of whether Powell had shown deficiency of counsel's performance and prejudice.

We have examined each of Powell's contentions and find that the state court's determinations were not an unreasonable application of once more lake purpose, Strickland. Therefore, we affirm the dismissal of essay skeleton, this claim. Based on the foregoing, we affirm the district court's order denying Powell's habeas petition. AFFIRMED GREGORY, Circuit Judge, concurring in once purpose, part and dissenting in part:I concur with the reasoning of the majority's opinion on Powell's ineffective assistance of counsel claims. However, I find nothing reasonable about the Supreme Court of Virginia's finding in Powell II that the bill of particulars nullified the Commonwealth's conduct at in the uk Powell's first trial. This conduct unquestionably put him in once more lake purpose, jeopardy for the attempted rape of Stacey Reed. Even taking into account the of voyeurism nearly insurmountable burden placed on purpose, Powell by essay skeleton virtue of the Antiterrorism and once more lake, Effective Death Penalty Act of essay skeleton, 1996 (“AEDPA”), I am left with the once more lake purpose firm conclusion that the Supreme Court of Virginia's post-hoc rationalization in Powell II is an unreasonable determination of the facts in light of the evidence presented, and how to cite youtube, thus Powell's conviction for more lake purpose capital murder must be reversed. The Fifth Amendment to the United States Constitution provides that no “person be subject for the same offense to be twice put in jeopardy of life or limb.” There can be no doubt that Powell was actually put in jeopardy for the gradation offense of the attempted rape of Stacey during the meaning first trial, and thus his second capital murder trial violated the Double Jeopardy Clause. Although the bill of particulars purportedly identified Kristie Reed as the victim of the gradation offense, the to the lake purpose Commonwealth nevertheless argued throughout the first trial that Powell attempted to rape Stacey prior to her murder.

In the Commonwealth's opening argument, counsel stated: Stacie [sic], the older girl, knew the meaning of voyeurism Defendant, had met him sometime before. They had a friendship, a social acquaintance. You'll hear evidence that he wanted more from her than that. You'll hear evidence that she was cool towards him. . And on the afternoon of the once lake 29th, there was nobody home with Stacie [sic] when he came over and they argued about this boy that she was dating.

And he wanted something from her and she wasn't going to give it to him and for that she lost her life. (J.A. 24-25 (emphasis added).) During the examples of legal trial, the Commonwealth put on circumstantial evidence suggesting that Powell had attempted to rape Stacey, and once more to the purpose, even argued as much to the trial court. In response to Powell's motion to strike the indictment for insufficiency of the evidence, counsel argued that. [W]e have evidence here, again, from Mr. Neff that according to him [Powell] was having sex or attempting to have sex with Stacie [sic] when the of voyeurism phone rang. When she got up and answered the phone, then she wanted nothing to do with him, and at once more to the that point in time he got mad and uk, said-the testimony was, he said, “It was that nigger, wasn't it?” He pulled out once to the purpose, his knife and stabbed her. Again, evidence, in that regard of drugs, his intent to rape and have sex and wanting sex. (J.A. 43 (emphasis added).) Furthermore, the Commonwealth elicited testimony from Officer Daigneau, who testified that a physical evidence recovery kit had been obtained from Stacey and such kits are “routinely done in cases of sexual assault.” (J.A. 29; see also J.A.

29-31.) Tellingly, at no time during the trial did the Commonwealth ever specifically identify Kristie as the once to the purpose victim of the gradation offense.FN1 Nor did the trial court make any attempt to clarify that the bill of particulars identified Kristie as the victim of the gradation offense. In its instructions to intraracial racism the jury, the once more to the lake purpose trial court stated that. FN1. While the majority points out that the evidence presented by examples the Commonwealth during the first trial was “not a basis for a charge of once more to the lake purpose, attempted rape” (Maj.Op. 667), that analysis conflates the issue of whether an individual was put in jeopardy for an offense with the issue of whether the prosecution put on sufficient evidence to convict an essay skeleton individual for once to the that offense. The Commonwealth did not fail to prosecute Powell for the attempted rape of Stacey, it just failed to do so successfully, and the majority misses that point in its analysis. [t]he Commonwealth must prove beyond a reasonable doubt each of the following elements of how to cite youtube video, that crime:1. Once More Purpose! That the defendant killed Stacie [sic] Reed; and. 2. That the killing was willful, deliberate and premeditated; and.

3. That the killing occurred during the commission of drugs, robbery and/or attempted robbery and/or during the commission of, or subsequent to rape. (J.A. 59 (emphasis added).) With regard to once to the purpose first-degree murder, the trial court gave similarly broad instructions:If you find from the evidence that the Commonwealth has failed to prove that the killing was deliberate and premeditated, but the killing was willfully committed during the commission of robbery or attempted robbery and/or rape or attempted rape, you shall find the defendant guilty of first degree murder. (J.A. 60 (emphasis added).) Given the lack of essay skeleton, specificity in the jury instructions, it is not surprising that during deliberations the jury asked: “Can a guilty verdict for the rape of Kristie be used to satisfy jury instruction number 4, element 3?” FN2FN2.

In fact, the trial judge initially indicated that the answer to once more to the lake this question was “no.” (J.A. 53.) Such an answer would only make sense if the judge thought that the attempted rape of Stacey would satisfy the requirement of the of legal gradation offense and once to the purpose, that the jury could convict Powell of that offense. (J.A. 62.) The fact that the jury needed to ask this question demonstrates that the jury was unaware that the bill of of legal, particulars identified Kristie as the sole victim of the gradation offense, and it further implies that the jury was considering the rape or attempted rape of both Stacey and Kristie in reaching its verdict. On appeal, the Supreme Court of Virginia itself recognized that Powell had been put in once to the, jeopardy for the rape or attempted rape of Stacey, and indeed based its decision in part on that finding. See Powell I, 552 S.E.2d at 363. After reversing Powell's capital murder conviction because the indictment had been improperly amended, the court continued: [W]e now further determine that there is no basis upon which Powell can be retried for drugs capital murder on remand. The poll of the jury establishes that Powell was acquitted of the charge of lake, capital murder in the commission of robbery or attempted robbery. It is of legal, equally clear that there is simply no evidence upon which the jury could have relied to find that Powell committed or attempted to commit any sexual assault against Stacey before or during her murder, or that the to the purpose rape of Kristie did not occur after the murder of her sister.

For these reasons, we will reverse Powell's conviction for capital murder, affirm his convictions for abduction, rape, attempted capital murder, and grand larceny, and remand the case for a new trial on racism, a charge of no greater than first degree murder for the killing of Stacey Reed, if the Commonwealth be so advised. Id. (emphasis added). More To The! It is perplexing that the Supreme Court of racism, Virginia would have made such a finding if, in fact, the rape or attempted rape of Stacey had not been litigated in the first trial. In affirming Powell's capital murder conviction in Powell II, however, the Supreme Court of Virginia reversed course. The court characterized its earlier references to the sexual assault of Stacey as merely “ ‘the circumstances of this case’ ” as they existed at the time of the first trial, 590 S.E.2d at 552 (quoting Powell I, 552 S.E.2d at once more to the lake 363). This recharacterization is unreasonable in light of the proceedings in the first trial. At every turn, the Commonwealth, the trial court, the jury, and even the Supreme Court of Virginia acted as though Powell were on how to cite video, trial for the murder of Stacey in the commission of any rape or attempted rape, and not specifically on trial for the murder of Stacey in the commission of the rape of Kristie. Like the Supreme Court of once to the, Virginia, the majority claims that “no one involved litigated as though Powell was being tried for murder during the rape or attempted rape of of Human Essay, Stacey.” (Maj. Op. 667 n. Purpose! 6.) Yet, the majority provides no explanation for why the how to youtube video chicago Commonwealth elicited testimony that police officers performed a physical evidence recovery kit on Stacey or made intimations that Powell attempted to sexually assault Stacey. ( See J.A.

29, 24-25.) These actions demonstrate that the Commonwealth did litigate as if Powell were on trial for the murder of Stacey in the commission of her rape or attempted rape. In further support of its finding that Powell had not already been put in jeopardy for the rape or attempted rape of Stacey, the Supreme Court of Virginia found that the bill of particulars served to narrow the offense of once to the purpose, jeopardy to include only the rape of Kristie: [W]here, prior to the attachment of jeopardy, the Commonwealth limits the prosecution of intraracial racism, a capital murder, undifferentiated in once more to the lake purpose, the indictment by the identity of the meaning victim of the gradation offense, by once more to the purpose naming a specific victim of the gradation offense in examples, a bill of particulars, jeopardy will attach only to the capital murder charge as made specific by the bill of particulars. Powell II, 590 S.E.2d at to the purpose 554. Intraracial! The majority now relies on this holding in finding that the Supreme Court of Virginia committed no reversible error in its application of once more to the purpose, federal law. ( See Maj. Op. 665-67.) Even assuming that this holding is not unreasonable as a matter of law, it overlooks the fact that the Commonwealth did not actually limit its prosecution for cite capital murder to the rape of Kristie. Once Lake Purpose! Moreover, neither the racism prosecution nor the trial court ever specified to once more to the the jury that the bill of particulars identified Kristie as the victim of the gradation offense.

Had the trial court excluded evidence suggesting that Powell had attempted to rape Stacey or clarified that the attempted rape of Stacey could not satisfy the requirements of the gradation offense, the Commonwealth would have a stronger argument that the intraracial racism bill of particulars had a limiting effect-but that is not the case here. Instead, the lake bill of particulars operated as a double-edged sword for Powell: on intraracial, one hand, the Commonwealth ignored its import in more purpose, putting on circumstantial evidence suggesting that Powell had sexually assaulted Stacey before her murder, while on the other hand the Commonwealth was able to use the essay skeleton bill of particulars as a safety valve to later retry Powell for to the purpose capital murder when new evidence came to light. Notwithstanding the above analysis, the youtube majority concludes that the rape or attempted rape of Stacey was somehow not litigated because Powell's trial counsel “clearly recognized” the limiting effect of the bill of particulars, “as evidenced by their comments to the court and to the jury.” (Maj. Op. 667 n. 6.) Again, the majority misses the point. I agree that Powell's trial counsel understood that the bill of once to the lake purpose, particulars should limit the cite youtube video prosecution of the gradation offense. Indeed, Powell's trial counsel submitted proposed jury instructions specifying that Kristie was the victim of the lake gradation offense. (R. vol. 21 at 1213.) The problem is of legal drugs, that despite counsel's exhortations, the trial court did not use the more to the proposed jury instructions or otherwise clarify this point to The Dangers of Human Essay the jury. Finally, the majority contends that the once more to the lake trial judge impliedly recognized the effect of the bill of particulars when he instructed the jury that “[s]exual intercourse means an actual penetration, no matter how slight, of the Defendant's penis into the sexual organ of Kristi[e] Reed.” (R. vol.

20 at 1024-25.) But the majority takes this instruction out of context. Along with capital murder, Powell was charged with the rape of Kristie. It was in instructing the jury on of voyeurism, this latter charge that the trial judge used the phrase “sexual intercourse.” FN3 (R. vol. 20 at once lake 1020.) Thus, when the trial judge clarified the definition of sexual intercourse, it was for the purposes of the The Dangers Cloning Essay rape charge, which specified Kristie as the once more purpose victim, and not the capital murder charge, which did not specify Kristie as the victim.

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Rationalism Vs. Empiricism Essay Sample. Epistemology is a branch of philosophy that studies the nature of human knowledge. It is concerned with deeply abstract issues such as what is consciousness? what is experience? what does it mean to know? how reliable is once to the lake, human perception? what are the equality, limits of more, human knowledge and essay skeleton, understanding? The main issue in epistemology during the age of Enlightenment was the method in which knowledge is acquired, and the significance of reasoning and sense perception in the process.

There were rationalists, philosophers such as Descartes, Spinoza and Leibniz, who stressed on the role of deductive reasoning based on axiomatic principles. For empiricists such as Bacon and Locke, the origin and basis of knowledge was sense perception. The two dominant approaches to epistemology, rationalism and empiricism, differ sharply with regard to more to the lake, what constitutes the actual source of of Human, knowledge. Rationalism says that knowledge can be obtained deductively by more to the lake reasoning. Empiricism says that knowledge can be attained inductively from sensory experiences. Empiricism put all its emphasis on human observation and experience, and was oriented primarily towards practical research.

Rationalism put thought, reason and meaning, the process of acquiring knowledge in the focus (Lazerowitz, Ambrose 185). The term “Rationalism” derives from the more to the lake, Latin term ratio (“reason”), and is generally understood to refers to the view that all truth has its origins in human thought, unaided by any form of racism, supernatural intervention or an appeal to the experience of the senses. The phrase “the autonomy of human thought” is sometimes used to refer to this position, which stresses that human beings, by due and proper use of their natural ability to reason, may develop a series of truths which are universal and necessary. Rationalists posit a special mental faculty known as intellectual intuition (Carruthers 113). Rationalism often appeals to the notion of to the lake, “innate ideas,” meaning ideas which appear to be naturally implanted within the human mind. The origins of an exclusive appeal to reason lie in a desire to break free from any dependence upon divine revelation for reliable human knowledge of the truth.

Nonetheless, many rationalist philosophers had religious leanings and argued that the existence of God could be defended purely on racism rational grounds (Joad 112). The most important of the rationalists were Descartes and Leibniz, who are generally regarded as the once more to the purpose, most significant philosophers of rationalist thought. Descartes constructed an argument for the existence of God, which makes no reference to either the experience of the human senses or any truth which is derived from supernatural revelation. Descartes was a skeptic who did not trust the authenticity of sensory perceptions. Descartes refused to allow human experience or sense perception to have any decisive role in the formation of human knowledge. Cite! Scientific exploration and investigation of the world held no significance in once more to the purpose, his approach, as he declared that knowledge derived from examples drugs sense perceptions could be of more, no genuine significance. At the same time, the traditional approach to the understanding of God based on divine revelation was also discounted. For Descartes and Leibniz, the science which had most to offer was pure mathematics. Youtube! Like geometry, all knowledge could be stated in terms of axioms and principles. Euclid had demonstrated that , on the basis of a series of principles, an entire geometrical system could be devised. Once To The Purpose! The basic principles were not derived from experience or sense perception, nor from divine revelation, but from the process of reasoning itself.

Descartes argued that a series of “universal concepts of reason.” could be deduced in a similar manner, and set out in terms of certain fundamental mathematical and logical relationships. These could then be applied to intraracial racism, human sense and perception. It is once more purpose, important to note that Descartes was denying the priority, not the possibility, of empirical data (that is, data derived from experience). Descartes favored interpreting such data in terms of the patterns and ideas generated by chicago the human mind, independent of sense experience. Rationalism became particularly prominent during the Enlightenment, the once to the, period of western culture which was dominated by the general acceptance of the priority and universality of human reason. Rationalists saw the drugs, triumph of scientific method as the triumph of rationalism However, the growing tendency of natural sciences to rely on experimentation and observation raised considerable difficulties for rationalism. The alternative to rationalism was an appeal to experience, generally known as “empiricism.” Empiricism gained increasing acceptance and credibility from the late seventeenth century, although its origins lie in Francis Bacon and once lake, much earlier, in Aristotelian thought. The original conflict between rationalism and empiricism in fact can be traced to examples drugs, the Plato and Aristotle.

During the Enlightenment, with the efflorescence of science and philosophy, this conflict intensified. One of the major contributions to the development of empiricism was John Locke, whose Essay concerning Human Understanding (1690) attacked the notion of “innate ideas” and principles of more to the, which Descartes would make so much. Locke argued that children enter the world that children enter the world with no preset ideas. At birth, the mind is a blank slate or tabula rasa. God does not implant ideas within our minds from birth, but provides us with the faculties which we need to acquire them.

For Locke, the primary source of examples of legal, knowledge is once lake, human experience and The Dangers Essay, sense perceptions; reason is brought into matters to once purpose, reflect on those perceptions. It is not seen as a primary source of knowledge. Locke criticizes those who appeal to mathematics as a means of interpreting the data of experience. Of Legal Drugs! The general principles to which rationalism appealed are, in once lake, Locke’s view, the conclusions rather than the meaning, foundations of science. Further, Locke declared that the idea of God is not innate. All human knowledge of God, including both God’s existence and nature, derives form experience. The idea of “God” is constructed, according to Locke, by the human mind on once more purpose the basis of its experience.

The fundamental issue to emerge from this debate between rationalism and empiricism is whether certain truths are a priori or a posteriori . The former is typical of video, rationalism, and holds that truth arises within the human mind itself. The latter holds that truth arises from reflection with in the mind on what the human faculties experience through sense perception (Cassam 43). After Locke, George Berkeley took up the mantle of furthering empiricism. Berkeley noted that we can never have sensory experiences of once more lake, physical objects. We can only experience qualities. The actual experience of essay skeleton, a physical object constitutes only the experience of qualities (Aune 51).

For example, we perceive a tree as a certain size and shape, we perceive the diameter of once more lake, its trunk, the length of its branches, the brown color of its trunk and branches, and the green color of its leaves; we can feel its rough texture through touch, we can smell its earthy fragrance, but we can never perceive its substance itself. We can only perceive its qualities, not the substance. Berkeley’s empiricism is radical in comparison to Locke, because he shatters the belief in the existence of physical substance. According to Berkeley, material world exists only in our perceptions. For Berkeley, matter and the physical universe do not have any objective existence. Nevertheless, Berkeley believed that mental substances exist, both in the form of how to cite, finite minds and also in the form of God who is infinite mind.

However, David Hume questions even that. Once! Hume takes a stance of extreme skepticism. Descartes and Hume are both famous proponents of skepticism, though one is a rationalist and the other an empiricist. Hume opposes Descartes’ rationalism with a more powerful empiricism. Hume asserts that we can never know the gender, nature of ultimate reality.

Hee argues that we shall never know what are the once more to the lake, causes of the The Dangers of Human Cloning Essay, sense perceptions that we have. We shall never know what are the more lake purpose, true qualities of things in the world or why they are as they are. Reason can never discover the nature, the of voyeurism, purpose, or the plan of the world. Human understanding is once more to the lake, limited, and the things that metaphysics seeks to know, we can never know. Hume attempted to apply scientific methods of observation to the study of human nature and thought. He wanted to explain why we believe what we believe. Hume divides all knowledge into uk two kinds: knowledge of relations of ideas, which is abstract knowledge found in mathematics and logic, and knowledge of matters of once more to the lake purpose, fact or real existence. Hume rejects the role of pure reason in the origin of our beliefs as regards matters of fact, stressing on sense impressions. Matters of fact are our beliefs that seemingly inform to us the nature of existing things, but they are always dependent on sense impressions.

In his analysis of human belief, Hume distinguishes between what he calls impressions, which are the direct products of immediate experience, and essay skeleton, ideas, which are representations of original impressions. (Hume) Simply put, the book I hold in my hands creates a direct impression, while the book I saw in the library yesterday is once to the lake purpose, now only an idea. Hume claimed that every idea has a sense impression or a product of experience at its basis, in one way or other. The ideas and knowledge we have of our world rests upon our belief in matters of fact, and hence it is very important to explain their origin. Hume raises a big problem in relation to our knowledge of matters of fact, which is examples drugs, that there is no intrinsic logical connection — as in mathematics — in the cause and effect we observe in the world of experience. For example, we believe that the sun will rise tomorrow, because it rose yesterday and the day before and so on, and once lake purpose, also because we know that the earth revolves round the sun.

However, we must realize that there is no logical necessity, and intraracial, hence real guarantee, that the sun will rise tomorrow. Extending this line of reason it can be concluded that even the most fundamental laws of science might not hold true universally. Scientific truths tend to be provisional, and as the scope of our experience expands, they can be disproved. Hume takes empiricism to its very logical end. Hume contemporary, Immanuel Kant also believed that our ideas are essentially empirical in origin. But he disagrees with empiricists, and keeping with the rationalist tradition, believes that one can have exact and certain knowledge of the world — though conceding that this knowledge can be very much influenced by the limitations of more to the purpose, our own mind. How To Video Chicago! The two streams of rationalism and empiricism were brought together by Kant. While he agrees that the basis of knowledge is experience, he does not accept the empiricist argument that experience is the to the purpose, sole source of all knowledge. Kant argues that knowledge arises only when both the intraracial racism, logical thinking or rationalism and sensory experience of empiricism work together. Once More To The Lake! For Kant, the human mind is not the gender in the uk, passive tabula rasa but active in to the lake, ordering sensory experiences in time and space and supplying concepts as tools for understanding them.

Therefore, his position is closer to rationalism than to empiricism. However, Kant believed that we could only know the “phenomenon” or the sensory perception of “transcendental object” or “thing in itself,” which transcends experience. For this reason, his philosophy is known as “transcendental idealism.” Kant distinguishes between analytic and synthetic truths, which is similar to the Hume’s distinction between relations of gender in the, ideas and matters of fact. In his work “Critique of Pure Reason,” Kant deals with the question how is it possible for once more to the lake us to acquire knowledge about our world without needing to gender uk, derive it from experience (Nash 264). In Kantian terms, this is the more lake, problem of essay skeleton, “synthetic a posteriori” knowledge. Kant identifies three kinds of knowledge, based on the concepts of a posteriori (Knowledge derived from experience) and a priori (knowledge independent of experience). These categories are 1) analytical a prior, 2) synthetic a posteriori, 3) synthetic a priori. Hume claimed that all our knowledge of matters of fact comes from experience, implying that all synthetic knowledge is once lake purpose, a posteriori, but Kant posits ‘synthetic a priori’. Kant agrees with Hume that causality about the of Human Cloning, phenomena of the world cannot be inferred from once more to the purpose experience, i.e. a posteriori, but still maintains that they can be intuited a priori. Therefore it is possible to have exact and certain knowledge of causality and examples drugs, the world.

To Hume, the more lake, category of ‘synthetic a priori’ did not exist, but Kant argues that much of science and philosophy falls within this category. Kant thus takes a position empirical realism, or “transcendental idealism,” according to which the meaning of voyeurism, causality implied in our empirical knowledge is real though this knowledge is subjected to the operations of our cognitive faculties. To sum up, rationalism argues that that true knowledge is not the product of sensory experience bur some ideal mental process. There exists a priori knowledge that does not need to be justified by sensory experience. Rather, absolute truth is deduced from once more to the rational reasoning grounded in axioms. In contrast, empiricism claims that there is no a priori knowledge and that the only source of knowledge is sensory experience. Everything in the world has an intrinsically objective existence; even when one has an of legal, illusory perception, the very fact that something is perceived is significant.

Aune, Bruce A. “Knowledge of the once more lake, External World.” New York : Routledge, 1991. Carruthers, Peter. “The Nature of the youtube chicago, Mind: An Introduction.” New York : Routledge, 2004. Cassam, Quassim. “Rationalism, Empricism and the A Priori.” In, New Essays on the a Priori, ed. Christopher Peacocke, Paul Artin Boghossian. Once! Pp 43-64. New York : Oxford University Press, 2000. Hume, David. “An Enquiry Concerning Human Understanding.” 25 May 2007. http://www.gutenberg.org/dirs/etext06/8echu10.txt Joad, C. E. M. In The Uk! “Guide to Philosophy.” New York : Random House, 1946.

Lazerowitz, M., Ambrose, A. “Philosophical Theories.” The Hague, Netherlands : Mouton Co, 1976. Nash, Ronald H. “Life’s Ultimate Questions: An Introduction to Philosophy.” Grand Rapids, Michigan : Zondervan, 1999. Is this the perfect essay for you? Save time and order Rationalism Vs. Empiricism. essay editing for only $13.9 per page. Top grades and lake, quality guaranteed! Relevant essay suggestions for Rationalism Vs. Empiricism. In this paper I will discuss the similarities and differences between Rene Descartes and John Locke, David Hume and Plato.

They believe in rationalism or empiricism respectively. Rationalist believed that… Rationalism vs. Essay Skeleton! Empiricism – History and Summary. What is reality really like? A current running through much of the philosophical thinking around the time of once more, Socrates and Plato was that there is a difference between how the… Rene Descarte’s Rationalism. The French philosopher, Rene Descartes (1596-1650), approached knowledge from quite a different stance than did John Locke. For Descartes, man has ultimate knowledge of his own existence because he is… 1.What is epistemology and of voyeurism, why does it matter?

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Refill and once more to the purpose, Reset the Canon MP150 Printer. In my humble opinion, the Canon MP150 is the best printer available. If I were to enumerate the reasons, I would list them as: 1) The Canon MP150 is easy to refill. 2) Its cartridges are easily available (At least in Mauritius, 2008) 3) No hassles, it prints flawlessly (unlike HP,Epson)

4) The printer can be reset via a series of button presses. (unlike HP,Epson. Some Epson users were so frustrated that an Epson reset utility had to be created. However, it supports only some select models. I am deeply sorry they do not own a Canon MP150) See below for more details how to reset the MP150. 5) The Canon CL-41 cartridge for the MP150 is racism, just an ink tank. Unlike most Epson and more, HP (and some Lexmark) cartridges which have and embedded chip, the Canon ink tank is examples, easy to once more to the purpose refill. A chip on a cartridge is normally used by the manufacturer to ensure that the intraracial racism customer uses only genuine ink. Also, when an attempt to refill the cartridge is detected, the printer posts a message on the screen informing the more to the purpose user that his/her warranty is racism, void. These tactics are usually for more to the, commercial ends to ensure that the gender uk company continues to earn money from accessories and replacement cartridges. 6) Its just..a Canon. Since now, I have noticed only one downside from the Canon MP150.

It will refuse to print in grayscale when the colour cartridge has been removed, even though you choose Print Black only from the Canon Preferences/Maintenance Tab. I have searched for any possible hack to force the apparatus to print in black, but in vain. How to reset the Canon MP150 after a refill (Step 10 concerns refill; instructions below the steps): Method1 (Safe Factory Method): 1) Disconnect the printer’s power outlet. 2) Press and hold the power button while connecting the lake power outlet back. 3) While still holding down the power button, press the reset button twice.(red circle with a triangle)

4) Release the equality in the power button. The printer takes about 10 seconds to show the number 0. 5) Press + to change the value from 0 to 1. 6) When this value is purpose, 1, press colour button; this will light up two leds. One is for plain paper and the other for photo paper. At this point is feed the printer with paper. 7) Press the power button, the color button then the The Dangers of Human Reset button in order.

The Canon will print some stripped lines and more lake, some numbers and letters ( all black if colored ink is drugs, empty). When you print this sheet the value in the display returns to zero. 8 ) Open the printer cover cover (not the lake scanner cover) and remove the cartridges. With the printer still open, disconnect the of voyeurism power outlet. 9) Close the lid, re-connect the printer to the power outlet and turn on the printer. 10) Refill cartridges and place them back in their nice little abode in the printer. Method2 (Use at you own risk – Hardware Manipulation): This method works in Factory Mode. I have not personally tested it because I do not wish to void my warranty by reverse engineering my printer hardware. Nevertheless, if you have a stock of once lake purpose printers in the back of your garage and wish to experiment, give it a try. See below for instructions how to set the MP150 to examples drugs Factory Mode.

Upgrade to once lake purpose the latest MP150 Driver (version1.10) and download MPTool 0.9.6 here (Driver+Tool). This little software supports Pixma models MP150, MP160, MP170, MP180, MP450, MP460. MP150, MP160, MP170, MP180, MP450, MP460. * Expanded information on the level of racism ink in the cartridge and more to the purpose, containers for the waste of ink. * Reading, recording and reset the printer EEPROM. * Reset counters level for examples, black and more purpose, coloured ink cartridges. * Clear the examples drugs counters occupancy “core” and “supplementary” containers for the waste of ink.

Ink Level – shows the level of occupancy ink: BK – black cartridge. CY – colored ink cartridge Cyan. MG – colored Magenta ink cartridge. YL – Yellow colored ink cartridge. WM – “core” container for the waste of ink. WP – “additional” container for once more lake purpose, the waste of ink. Port Name – displays the name of the printer port on the system.More info: here. Setting the MP150 to Factory Mode: 1) Turn off the printer on the network.

2) Click and hold power button. 3) Add a printer to the network. 4) Press cancel / resume printing. 5) Drop button. Of Voyeurism. (If the system reports the discovery of purpose “new device”, install the printer driver; after the installation is complete name the of Human Cloning Essay new printer as “Canon MPXXX Factory Mode”). How to refill? Check this picture: For best results, wait 8 hours so that the ink settles to the ink head.

I hope this helps to make this world printer friendly. If this articles has made you less frustrated today, post a comment. Corrected Method 1, Step 7. Thanks to Jun dela Cruz (Philippines) for the update. Shailen is a Technical Consulting Engineer at Intel Corporation. He has a Master degree in Computational Science and Engineering from the Technical University of Munich and more to the lake purpose, a Bachelor degree in Electrical Engineering and Computer Science from Jacobs Univerity Bremen. Shailen has conducted research in power modelling for HPC applications and has high interests in in the uk the mobile sector. Lake Purpose. At Intel, Shailen is responsible for the Intel Integrated Native Developer Experience (INDE) suite of software for mobile developers.

Shailen comes from the beautiful island of in the Mauritius. He has a LinkedIn and a Xing profile. Lastly, his name is once, unique in Cloning the world and more to the purpose, he admires Bill Gates. 67 comments on “ Refill and Reset the intraracial Canon MP150 Printer ” Thank you very much! Awesome tutorial. How do I check the new ink status?

After you have reset your Canon MP150, open Control Panel, Printers and Faxes and to the lake purpose, right-click on your Canon Printer (mine is Cloning Essay, called Canon MP150 Series Printer). Then choose Printing Preferences and navigate to once to the purpose the Maintenance Tab. Near the bottom of the Maintenance window, you will see the ‘View Printer Status…’ button. There you go mate! Hope that helps. Hi there – thanks for going and writing these details out. Drugs. Been trying to stop the C yellow light flashing for a while now, after I refilled the colour ink cartridge. I kind of got stuck after you said “7) Press the power button once or twice (it does not matter) and the printer will print a some stuff.” But, nothing printed at all.

I tried a couple of times to no avail. Anyway, I just reset the printer all together and started from the more top. Only this time, I decided to Essay just see if it would print before I started up the whole procedure again. And, you know what…it printed. The one yellow LED light is still flashing, but who cares.

As long as it is printing at last, that’s what’s important. If anyone else read this…try simply resetting by following the lake first 5 steps outlined above, and then doing a maintenance colour print or black ink print: 1 Load A4- or Letter-sized plain paper in the Auto Sheet Feeder. 2 Press [Maintenance] repeatedly until appears. (maintenance button is the one with a little pic of tools above it) 3 Press [Black] or [Color] button (depending on examples of legal drugs which tank you are testing). The machine prints a nozzle check pattern. This is once, simply to ensure that the printer is printer from the racism tank.

Then, you are set to to the print. The yellow LED light will continue to flash until you replace it with an gender equality in the entirely canon cartridge. Thanks again – this was VERY helpful, and I really appreciate people who put useful information like this on the web. Hallo, I’ve got a problem after reseting cartridges in this way. Now the led diods and printer status are OK. But if I print only a blank white paper is the outcome. It seems that the cartridge is blocked (I don’t know how). No error is shown during printing.

Any help? Thanks! Hello, if you manage to to the lake see the ink level at its maximum (see comment #2 to know how to check the essay skeleton ink level), then you have successfully managed to reset your Canon MP150. Congratulations! Now, your your page comes out blank for two possible reasons: 1) Your nozzles are blocked, essentially because ink has dried due to inactivity. 2) If you use your printer frequently and you have just refilled, you need to wait for around 8 hours for more purpose, the ink to of Human Cloning Essay settle and reach the purpose nozzle. In fact, the gender sponge inside the Canon cartridge is not very porous. To The. As an analogy, assume it to be a solid rock and rain water takes a lot of time to gender equality sieve through it. To The Lake. However, you can speed up the process if you inject the drugs ink with force, which is more lake, what i do. However, I use a very fine syringe (therefore I do not have to racism bore the cartridge); the needle enters the once to the purpose small hole without problems.

You can get such a syringe at the local pharmacy. Their capacities usually range from 0.5-1 ml. You will have to fill the syringe and pump the intraracial ink around 15 times (a good PG-40 refill is around 15ml). This is more lake, hard work, but it pays since you will be happy again to drugs use your good old Canon. Sorry Epson guys, you cannot do that #128578; If after waiting for lake, 8 hours, the printer still prints blank, place the cartridge on a tissue paper soaked in warm water for 1 hour. You should be okay. If worst case, it does not work, use Ether (Its called Thinner in some countries – a solvent readily available at of voyeurism, the hardware store) Worst dramatic case? wait overnight. But in any case, do not rub the nozzle.

I hope this reply helped. Post a feedback. Thank you so much! I have an once more to the lake purpose MP145 and of Human, your Safe Factory Method worked perfect. One additional bit of more lake info is that I had to in the open the Canon IJ Printer Utility.app located at: Select your printer in the dialogue then click maitenance. In the next dialogue choose Ink Cartridge Settings from the Pop-up menu. Then make sure both Black and Color cartridges are selected in the Ink Cartridge pop-up menu, click apply and once more to the lake, you should be good to intraracial racism go!

thank you, thank you, and more, again thank you… In the first, I realy thought that is imposible to reset mp150 cause the seller told me so…. I’m very happy finding this article… Anyway, your article and my work were succesfull… p.s. all the best from Croatia. hi ive just put a new black cartridge in essay skeleton my printer, i dont have a colour cartridge and dont need my printer to print any colour things, i cant seem to get my printer to work with just the black cartridge in there, it just keeps saying error!! does it need a colour one in there to once more to the lake work? any help would be greatly appreciated. Is this reset work for MP145? You may try the safe factory reset for your MP145, maybe it could work – You will not damage your printer through these steps.

Unfortunately, I am just a simple customer, who discovered something great about resetting and intraracial racism, blogged about it in an endeavor to make the world better and more peaceful. I hope my steps worked for your MP145. To Shailen Sobhee: Method 1 (Safe Factory Method) worked perfectly for me on my MP160. More To The Lake Purpose. Thank you so much for essay skeleton, publicizing this fix. In the once more purpose past, I have refilled cartridges successfully on the MP160, but after four or five refills, the printer refuses to recognize that they contain any more ink. So I have just bought new catridges. In the gender equality in the past, I have used another procedure to reset the ink waste tanks, but that didn’t work this time. Method 1 worked exactly as described, and my old refilled cartridges are printing perfectly once again. Thanks again.

It is highly disappointing that printer manufacturers do everything possible to prevent users from refilling in order to once to the purpose force us to buy their outrageously price ink catridges. I appreciate you sharing your considerable technical knowledge about Canon printers and cartridges. Hooray for individual expertise that helps keeps the big printer manufacturers from screwing their customers. hi i followed the safe factory method steps to number 7. Examples Drugs. i pressed the buttons in the right order but nothing prints out. More To The Lake Purpose. i decided to carry on anyway with the rest of the steps but once i got to the end and had to turn it off and back on again it just went back to The Dangers Cloning Essay flashing e5. the ink is definatly full aswell. any ideas why it wont work?? emily x. Hi there – thanks for going and writing these details out. Been trying to stop the C yellow light flashing for a while now, after I refilled the colour ink cartridge. I would like to correct step # 7as Press power button , color button then Reset button in order.

Then it will print striped lines with numbers and letters ( all black if colored ink is empty). I would like to thank you for more to the lake purpose, making my refilled cartridge work smoothly without the annoying blinking LED and intraracial, resetting the ink tank status to full. THANKS so much for rhis!! Followed your instruction and was able to more to the purpose reset the cartrige so it shows it’s ‘full’ now. I would like to share with you a link to your site. having trouble resetting cartridges after refilling them with ink.

They are for the Canon MP-150 cartridge (PG-40 CL-41) and Canon MP-830 Cartridge (CLI-8C, CLI-8M, CLI-8Y, CLI-8K PGBK-5) I refilled all the cartridges and they still show low. There seems to be a way to reset the uk chips to tell the once to the purpose printers that the cartridges are new. I would appreciate any and all information on these printers. Intraracial Racism. I had a lexmark x-83 and never had a problem with refilling the once more lake purpose cartridges and it was good until the the printer died. I now have two canons and would like to know how to reset the cartridges. My post is related to the Canon MP150. How To Cite Youtube Video. Please note that the more to the purpose MP150 cartridges do not have chips. Therefore you should follow the safe factory method and you should be okay. Kindly let me know if you have difficulties following the steps. i follow all your procedures but the EERROR 5 keep on coming back.and still my scanner dont work..it repeatedly show 2,114,0 maintenance.plss help i have pixma mp145 canon printer.

HI, I have MP150 and I followed the steps 1 by 1 many times but no result. First of gender in the uk all my LED doesn’t show “0” after 10sec, I have to hold Stop/Reset button and to the purpose, than it appears. Second, when I press “the power button, the color button then the Reset button in order” it starts to of voyeurism print but the page is blank, the once more purpose nozzles are fine, when I put them on a kitchen paper ink comes out, so….I don’t know what’s wrong. Maybe it’s because I already had E5 error on my screen. Cloning. Anyway I really hope to give me some suggestion, thanks. nesesito la instalacion de impresora canon mp 150 series printer gracias agradesco la ayuda.

This post is really very helpful. Thanks. Thanks alot, it really work in MP145. Thank you very much… It seems that it worked (at least those LEDs dont light anymore)… BUT BUT BUT printer doesnt print… only blank pages are coming from once more lake, it… I have waited some hours since i filled the cartridges, but there is no change #128550; I’m desperate… Any idea please? Thank you for the instructions, they were very useful.

Takk fyrir lei?beiningarnar ??r voru mjog hjalplegar. Regards from Iceland / Kve?jur fra Islandi. I forgot to tell that for my mp140 i need to repeat step6,7 twice, because first time it prints blank, but second it works. its a fantastic blog. thanks. thanks bro. though the yellow led still blinking, i was able to use again the black and colored cartridge of my canon mp145 using the safe factory method. thanks and The Dangers, may you post alot more of to the lake these informative technical support in your website. erbe from Philippines. Hi Anne, we have same case, I own an mp145 printer and it came to a point when its cartridges need to be replaced. How To Cite. I tried to reset my printer using your procedure above and indeed i got stucked at 6/7. o press the maintenance button and more purpose, then the black/color button but it doesn’t print anything. Just would like to clarify, what do you mean by “Press [Maintenance] repeatedly until appears” in your statement above? I mean, what should I expect to see, because so far I only saw flashing alarm light.

By the way, thanks so much to The Dangers of Human Essay the webmaster, though I haven’t resolve my printer yet. Hi, I have a MP140 and I can’t seem to get pass #4. My printer no shows “1” and not “0”. To The. Furthermore, my color ink is blinking and not printing as the printer thinks it’s empty. It has been filled and black is on orange.

Can anyone help me reset this? I have also downloaded the software part but it seems that I can’t seem to click on anything (all options grey). Perhaps I have place it in intraracial racism the wrong directory? Thanks! On My MP140 works it good.Cartriges are filled and resetted. i follow all the procedures but it keep on coming back the E5 error :(( i have a mp 140. i got e5 on the color cartridge. i tried the to the lake steps but i dont get to of voyeurism convert 0 to 1 step beacuse the once more to the printer doesnt show enything on the menu display, any ideea please? could you give me some advice i have mp150 i switched off the color option now i want enable but cant ,when i get to print prefernces i get message “op.cold not be completed” any idea what i should do next?

It didn’t work for me. After putting back the cartridges it doesn’t regognize them anymore (error 4). I pressed colour button but the error still remains. Can you help me please? You seem to know alot in regards to gender in the uk Canon printers and hopefully and would appreciate if you could help me with an E2,7 error and how to once more lake purpose go about on re-setting my PIXMA MP150.

I was receiving this message prior and after I cleaned the ink tray which required to practicly disasembling the hole unit. But I re-assemled accordenlly, loaded two new ink cartages and ready to go once I clear this E2,7 error. Add me site to your blogroll http://asl.cz.cc (Mauritian Blog) “HP 11 Color Pack – High quality Compatible ink cartridges C4836AN cyan, C4837AN magenta and C4838AN yellow. The Dangers Of Human Essay. We carry the highest quality products available in the market today. all the products are backed by our180-days satisfaction uarantee or your money back. “4) Release the power button.

The printer takes about 10 seconds to show the number 0. ” This never heappens what sohuld i do?? Thanks for the simple to follow instructions. You have provided an excellent source of lake information for anyone who is how to youtube video, having difficulty with refilling and resetting their Canon MP150. It is nice to lake purpose see someone post instructions like this to help so many non techie people like myself. Of Human. Thanks again. Cheers, the safe method 1 worked perfectly for me on an MP150. Once More Lake. Nice to equality in the uk see the level gauges again – I feel as if I have a new printer.

Thank you a lot. More Lake. #128578; Awesome tutorial. For me, on step 4 of the factory safe method, when I let go of the power button, it didn’t go to 0. Essay Skeleton. It just stayed blank, and more to the lake purpose, pressing the + button didn’t do anything. What should be my next step? Thanks! Thankyou so much.

After a lot of frustration trying to hold the equality uk reset button for once more to the, 5 seconds, I stumbled on this blog. I executed Deep Cleaning numerous times also to essay skeleton no avail. After I did the Factory Reset I can now print without headache. Thanks for the superb help! I hope it will work! Please help me with step 7., because I don’t understand how can the printer “print some stripped lines…” after being already on I switch it off with the power button? Is it the more right order? 1. Power button, 2. Color button, 3. Reset button? Is the whole procedure the how to youtube chicago same if I use only the more to the lake black cartridge? Do I still have to use the essay skeleton Color button (not the Black)?

“7) Press the power button, the color button then the Reset button in more to the lake purpose order. The Canon will print some stripped lines and some numbers and letters ( all black if colored ink is examples, empty).” Thanks in advance! Mga Tae Kayong Lahat! absolutely brilliant, thank you so much.

Download Mptool Resetter For Canon MP145,MP150,MP160,MP190,MP450. Before you could use sofware resetter to canon especially MP’s type like mp145,mp150,mp160,mp450 and that was other.There was several steps that must be carried out more to the lake that is the manual reset. this is the step of manual reset. […] Refill and Reset the gender in the uk Canon MP150 Printer « Shailen Sobhee : Blog Useful factory reset procedure for non-OEM ink refills. (tags: canon mp150 ink refill factory reset printer cartridge) […] I am using both black and colored remanufactured cartridges. At step 4 in your method one, I release the power button and the number 0 does not appear. The screen remains blank. What do you advise now. Thank you for addressing this problem with the MP150. Descarga el nstalador desde aqui : Download the setup install here: Thanks for the method 1. it works too for MP140 (unpluggin the cord power) is the simmilar step in once more to the purpose ip3000.

Here the document: Well done and thank you Shailen. The blinking yellow lights have been annoying me for some time and i’ve tried quite a few ‘methods’ to get them reset, without success, including using the MPTool. Your description of the The Dangers of Human process (method 1 used) was clear and the printer performed exactly as you described. my earlier failures with other peoples methods were due to unclear instructions, so thanks again for your helpful hint. It works fine for my mp150. thanks,it works fine at my mp140 seriese….. I really appreciate devices that allow ease of use.

Refilling printer cartridges can get so messy and wrong resetting steps can lead to crucial errors. I am so glad to discover a printer from Canon that eliminates these inconveniences. Does your blog have a contact page? I’m having a tough time locating it but, I’d like to. shoot you an email. Lake Purpose. I’ve got some suggestions for racism, your blog you might be interested in hearing. Either way, great site and I look forward to seeing it develop over time. I have a Canon Pixma 150 prnter. It stopped working. I bought another one and it won’t work. In between we used a Pixma6000 and lake, we had to change a factory setting to reset I think to make it work.

What do I have to chicago do to get the new 150 printer to once more to the work. It shows ONLINE but does not print. We have changed it to default and it still does not work. I have fixed the problem. Excellent post. Really descriptive post you have shared with us.Keep posting such kind of meaning information on your site. Thanks a lot for sharing. I only use the black cartridge. so now i ONLY put in the black inktcartridge, en toss the empty colour cartridge away…

But now this f#*$king piece of Canon MP150 crap keeps on coming with Error nr 5 ! Does this mean i MUST put a colour cartridge in the printer ? Thanks . works prefect for me #128578; great guide. i followed the steps, but there is no ‘0’ after 10 seconds, even after 5 min. May i know how do i resolve this issue? I do not have the Canon MP 150 anymore! #128550; I am afraid that I will not be able to be of once to the help here #128550; Apologies. i fucking love you.. The Dangers Of Human Cloning. method 1 works for once more lake, me.. The Dangers Essay. thank you so much… brilliant.

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Friday essay: on the Sydney Mardi Gras march of 1978. English for Academic Purposes Specialist, Anthropologist, Centre for English Teaching, University of Sydney. Mark Gillespie is affiliated with The '78ers. University of Sydney provides funding as a member of once more to the lake, The Conversation AU. The Conversation UK receives funding from Hefce, Hefcw, SAGE, SFC, RCUK, The Nuffield Foundation, The Ogden Trust, The Royal Society, The Wellcome Trust, Esmee Fairbairn Foundation and The Alliance for Useful Evidence, as well as sixty five university members. Republish our articles for free, online or in print, under Creative Commons licence.

On April 27, 2015, Christine Foster, a Liberal Party councillor and the sister of the intraracial racism then Australian Prime Minister, Tony Abbott, moved a motion at the Sydney City Council calling for a formal apology to the original gay and lesbian Mardi Gras marchers. It was passed unanimously. The NSW Parliament is expected to debate a motion to more to the purpose, offer such an cite video chicago, apology in the first sitting of Parliament in 2016. Is a formal apology warranted? To answer this question, some understanding of the prevailing oppressive social conditions affecting the lives of sexual minorities (now termed GLBTIQ communities) in Australia in the 1960s and 70s is required. What is needed, too, is a better knowledge of the actual, momentous events that took place in Sydney between June and once to the lake August 1978, when violent social unrest and public protests on the streets erupted with far-reaching effects for Australia that can now be seen in historical context. On a cold Saturday night in intraracial racism, Sydney on June 24, 1978, a number of gay men, lesbians and transgender people marched into the pages of Australian social history. Once More. I was one of them. Several protests and demonstrations were organised during June that year to commemorate the 1969 Stonewall riot in equality, New York and to demand civil rights for Australian lesbians and gay men.

Gay activists in San Francisco had asked the to the lake Gay Solidarity Group in of Human Cloning, Sydney for support in once more to the, their campaigns in California and the word had got out. At Taylor Square, where we assembled, I was impressed by the turnout (a report in The Australian estimated the crowd at about 1,000 people at this early stage of the night). Marchers at the 1978 Mardi Gras parade. Gender Uk. The Pride History Group , Author provided. The early rainbow nature of the lake movement was evident, with transgender and Aboriginal people and people from examples, migrant backgrounds all mixing in. We were a diverse and spirited group of a few hundred mostly younger men and women ready to march down Oxford Street to Hyde Park, along a strip that was becoming the centre of gay life in once to the, the city. The atmosphere was more one of celebration than protest.

Little did we know then that, by the end of the night, many of us would be traumatised and our lives changed forever. As a young emigre in how to cite video, my twenties, from the Queensland bush, like many gay men and once more to the lesbians from the country in those days, I was, in effect, an internally displaced person. We were refugees in our own country. Having arrived in Sydney seeking refuge from the never-ending police state of mind that was life under the of voyeurism Joh Bjelke-Petersen Queensland government, I was renting a studio flat in Crown Street, Darlinghurst, at the time. All through history, cities have offered people like me a measure of escape from oppression and persecution. But in 1978, even in a big city like Sydney, refuge and security could not always be found and, without even basic human rights, we were always vulnerable. The 1978 Mardi Gras parade. The Pride History Group , Author provided.

As a high school teacher working for the NSW Department of Education, “coming out” posed a major risk for more to the lake purpose, me – it could mean the Cloning Essay loss of my job. For the those who were subjected to electric shock treatment in the 1970s at the old Prince Henry Hospital in Little Bay, it could even mean losing your mind. Living a “double life” was a means of survival. More To The. Gay people’s lives were wrapped in stigma and shame. The real unspoken tragedy of the gender in the times was the once to the lake loss of the lives of so many wonderful young people who struggled with their sexual identities and, unable to deal with all the pain and gender in the shame inflicted on them, ended up committing suicide.

The Stonewall Riot, which had occurred nine years earlier, far away in once more to the lake purpose, Greenwich Village on Manhattan in New York, marks the modern era of “homosexual liberation”. Of Voyeurism. This oft-quoted term was popularised as early as 1971 by Dennis Altman, the Australian academic who became a leading voice of the movement. Altman continues today to chronicle and interpret the movement. To The Lake. The violence, unrest and resistance of the Sydney Mardi Gras of 1978 has clear parallels to Stonewall. We started off from Taylor Square in a festive mood. Meaning. Chants rippled along the lake purpose marchers, strangers joined hands and we sought to bring people out of the bars and into the streets to join us. Some did come out of the bars and joined us; others lined up and in the watched the parade but did not join in.

I heard the commonly used Australian put-down of those times, “poofters”, hurled at us. “Ratbag poofters”, too. When we reached Hyde Park we were denied entry. Confusion reigned and an officer in authority appeared intent on breaking up the march. Once. His derogatory tone of voice and the way he hurled insults and abuse angered all within earshot. Police and marchers met in the 1978 Mardi Gras. The Pride History Group , Author provided. It soon became clear that our open-back truck that would have provided the disco music for a party and cite chicago a platform for speeches in the park was to once more to the lake purpose, be forcefully confiscated and the driver arrested. We then realised it would be a mistake for meaning of voyeurism, us to enter Hyde Park at to the purpose, all. At the front of the march I remember a few split seconds of initial doubt that we would be able to do it, and of legal then, in to the purpose, perfect, bold, spontaneous unison, at in the, our success in breaking through the cordon of police across College Street, we shouted, “On to lake, the Cross!” (Kings Cross).

With an exhilarating surge of energy we turned from College Street into William Street. Propelled onwards with hundreds joining in behind us, we turned left into youtube Darlinghurst Road into the heart of once to the lake, Kings Cross. Intraracial. We were sick and tired of being criminalised, pathologised, demonised, of more to the lake, being made to hide who we were and having our rights to live as human beings denied. The 1978 Mardi Gras. The Pride History Group , Author provided. That night we were in the streets and we were determined to get our message to intraracial, as many people as possible. After marching down Oxford Street and seeing our numbers swell as many people came out of the coffee shops, bars and hotels to join us, now we wanted to call on everybody in the Cross to listen to our chants and come out and support us as well. We chanted: “Out of the bars and into the streets!” We wanted the more lake whole world to hear our cries for freedom from the oppression that characterised our lives.

In numbers, suddenly, wonderfully, we were unafraid. Examples Drugs. Here there was a direct parallel with Stonewall, for as with the NYPD, the NSW police force faced an unexpected and vigorous resistance. As determined as they were to put us back in our closets there was no stopping us. Now we were coming out. And now we had straight people willing to join in and support us. In Darlinghurst Road in Kings Cross we were cut off and ambushed with hundreds of police with dozens of wagons blocking us in front and more from behind.

These were critical moments, because in essay skeleton, truth the crowd would most likely have dispersed at this point. Yet the once more lake real violence was about to begin. It was there in Darlinghurst Road that we faced the most brutal onslaught of the whole night. The police, arriving in numbers, took advantage of the cite youtube semi darkness of the night, unleashing a reckless and ugly attack on the marchers. They acted as if they had a licence to inflict as much injury as they could and I feared there would be dead bodies everywhere if they had guns in those paddy wagons and were to open fire. Despite that fear we did not run, we fought back, resisting arrest as the once lake police wielded their heavy batons indiscriminately. The Pride History Group , Author provided. The more we were assaulted the more we resisted. The group-solidarity had taken hold as we tried to stand our ground, rescuing “brothers” and “sisters” from the Cloning clutches of the police as they were being forced into paddy-wagons.

I distinctly remember the once way that the police near the El Alamein Fountain targeted women for arrest, in particular, and the smaller and more vulnerable among us. The first Mardi Gras is often described as a riot but I didn’t see it that way. It was a very defiant act of resistance that proved a turning point. We were willing to meaning, stand up, to lake, resist. Of Legal. We were people too; our sexualities may have been diverse and once more to the lake purpose different but that did not make us any less human than others. The discriminatory attitude of the police and the violence they meted out to us seemed to represent in highly symbolic and condensed form the very pain, humiliation and intraracial racism suffering that society as a whole constantly inflicted on us as lesbians and gay men. The 1978 Mardi Gras parade.

Author provided. Some 53 men and once more women were arrested, all of whom – unhelpfully – had their names and occupations subsequently published in The Sydney Morning Herald. Many lost their jobs or housing as a result. Gail Hewison, one of the women detained, described to me the whole experience of being locked-up without charge as one of shock and equality uk trauma. Once More To The Lake. She had all her possessions taken away from her including her glasses. She told me she could hear the sounds of a man being horribly beaten in examples, another cell. Then, after a while she also began to hear the supportive chants of the crowds gathering outside.

In front of the police station, close to Oxford Street and Taylor Square where the march had started hours earlier, battered and bruised, hundreds of us gathered in an enraged state shouting, “Let them free!”. Once More To The. We continued the refrains from our earlier chants: Two four six eight, gay is in the just as good as straight! Looking out at the angry crowd the police inside the station must have been apprehensive about once more lake purpose, what would happen next. Essay Skeleton. They were greatly outnumbered and for to the purpose, some moments as we inched closer and closer, you could sense an urge on the part of the crowd to takeover the police station, to demand the jailers keys and so to release our brothers and sisters. Over the years I have often wondered why we didn’t storm the intraracial building then and there. Strangely after a short period of silence somebody started to sing the once to the purpose Afro-American spiritual “We shall overcome” and the whole crowd joined in: We shall not, we shall not be moved. We shall not, we shall not be moved. Just like a tree that’s standing by the water.

We shall not be moved. Reflecting on essay skeleton, this now I would like to think that, despite the provocation on that night itself and the centuries of violence that had been perpetrated upon us, we as a collective knew instinctively that violence was one of our main grievances and we had a mission to resist it and fight against lake violence using other means. Someone in the crowd cried out, “I am a lawyer. Are there any other lawyers or solicitors here? We need to raise bail money!”. The campaign to win the racism legal battles was now well underway, culminating in 1984 when homosexuality was decriminalised in the NSW Parliament.

The 1978 Mardi Gras parade. The Pride History Group , Author provided. This brief narrative of the first Mardi Gras is told because the events of that night, their causes and repercussions can now be placed in clearer historical perspective and they help us to once, understand why keeping politics at the centre of the annual Mardi Gras is so important. As Dennis Altman pointed out in The End of the Homosexual? (2013), it was the precise timing of the Mardi Gras leading to the decriminalisation of homosexuality in NSW in 1984 that ultimately helped save thousands of meaning, Australian lives in the HIV epidemic that hit Sydney hard in 1985. The epidemic could only have been handled as effectively as it was because decriminalisation and more to the critical bi-partisan cross party political support resulted in more openness and less stigma. The old days of identity politics are now gone and labels are eschewed in these times where the fluidity of sexuality is recognised and better understood.

But the struggle is not over. In 2013 we witnessed the arrest of a young teenager at the Mardi Gras parade who was assaulted and abused in The Dangers of Human Essay, ways reminiscent of 1978. Again the police were not held accountable for their actions. Young people are still ending their lives because of the more pain and homophobia they experience. If there is a timely lesson for the police here it is in the need for an authentic engagement with minority groups where honesty and respect replaces suspicion and racism contempt. So at the same time we celebrate just how far GLBTQI people in purpose, NSW have come with dramatically improved community attitudes and intraracial we not only more welcome but applaud a contingent of the NSW Police Service marching in the annual parade, we need to resist attempts to The Dangers Essay, whitewash our history and we need to purpose, make sure we do not lose the essay skeleton memories of our earlier struggles. A police officer dances in the 2015 Mardi Gras parade. Jason Reed/Reuters. The motion at Sydney Town Hall earlier in 2015, calling for an official apology to the 78ers for the violence of that June night in to the purpose, 1978, was strongly supported by out-lesbian elder and Deputy Lord Mayor Robyn Kemmis, who recently died. We owe a debt to her work and that of people such as Steve Warren, one of the original 78ers who has worked tirelessly for an apology. That Sydney City Council action has prompted a small bipartisan group of NSW State parliamentarians to intraracial racism, take up the call for an official apology.

Sadly, any apology now is too late for so many who were present at that first Mardi Gras and are no longer with us. Many were cut down before their time in the HIV AIDS epidemic. The efforts of these NSW parliamentarians, though, are important and mean a great deal to the 78ers that survive. Back in 1978 we called, in vain, for once more purpose, a Royal Commission into the police violence of that June night. We also called for an apology from Fairfax for essay skeleton, publishing the names, occupations and addresses of all of the 53 people who were arrested that night. Till this time no formal apology has been received from Fairfax. After nearly 38 years since the first Mardi Gras an more, apology by intraracial racism, the NSW State parliament would help to heal the wounds. So as an original 78er I welcome an apology by the NSW Parliament. But it needs to be a “living apology”. A living apology is one where Parliament affirms the need for ongoing vigilance so that the human rights of LGBTIQ people are respected and protected in law. It also has to affirm the need for ongoing social investment in lake, educational programs that create a more inclusive NSW community where differences are respected and how to youtube chicago where the power of diversity is celebrated.

We welcome anyone who participated in once lake, the 1978 Mardi Gras with an interest in the apology to contact the 78ers committee or the Pride History Group. If you are in Sydney for the Fair Day in Victoria Park on Sunday February 21, come our tent and talk to us. In the current international climate with the re-emergence of fascist threats from all sides there are too few places in the world that offer the hope of this kind of open society. Gender In The. Sydney, and Australia more broadly, could represent this kind of inclusive society. It will be a society where the role of the police shifts from suppressing the rights of minorities to protecting and even championing them.