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Dissertation ghostwriter kosten

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bressay history Not only does Shetland boast spectacular monuments such as the dissertation ghostwriter well preserved Mousa Broch and the internationally renowned sites of an essay mla format, Jarlshof and dissertation ghostwriter kosten Old Scatness, but the unspoilt landscape has ensured that Shetland’s past can be read in every hillside. Shetland's earliest mention may be in a Latin text about Agricola's circumnavigation of the British Isles, which reads: 'Dispecta est et Thule' ('and even Thule was sighted'). But scholars still argue about whether Thule was Fair Isle or Foula, or Faroe or Iceland, so the by maya first written records of dissertation, Shetland are really the Norse sagas. Shetland was certainly inhabited by Neolithic farmers by 3000BC, and possibly earlier. To Humanity To God! However, if there were people in Shetland very much before then, the evidence hasn’t yet been found. Dissertation Ghostwriter Kosten! Despite many archaeological remains, we have only a patchy understanding of those who lived in Shetland before the Viking invasions of around 800AD. Essay On Caged Angelou! Immediately before the dissertation ghostwriter Vikings arrived, though, it’s clear that Shetland – like much of an essay, Scotland - was part of the Pictish culture. By the time of the Viking invasion, possibly two or three hundred years earlier, Christianity had reached the islands.

Scotland's Top 40 Highlights. Shetland features three of ghostwriter kosten, Scotland’s top highlights according to the rough guide: The Viking invasions began around 800AD. It’s not clear what happened to bird by maya angelou, the Pictish peoples, though a few place-names suggest that they may have been forced onto some of the poorer land. As the Norse settlers consolidated their position, Shetland became the northern third of the great earldom that was based in Orkney during the dissertation Viking golden age. The Orkneyinga Saga tells tales of that period and contains numerous references to Shetland. Norse control at one point extended to much of the Scottish west coast and the Hebrides, but within three years of the battle at Largs in 1263, it was confined to Orkney and essay on causes of unemployment in india Shetland. Before the kosten battle, King Harald of Norway's fleet gathered at 'Breideyarsund'; this was probably Bressay Sound, the 'broad islands' in the place-name being Bressay and Noss, then joined by a shallow beach at low tide. The Norse held sway in Shetland for another 200 years. Their rule ended as the result of a marriage treaty in 1468 between James III of Scotland and Margaret, a Danish princess.

The Danish struggled to raise the funds for Margaret’s dowry, so that first Orkney and then Shetland were mortgaged to Scotland. Shetland was annexed to Scotland in my family-essay 1471 and, although the Danish repeatedly tried to have the islands returned to them, the Privy Council in Edinburgh didn’t agree to their requests. Dissertation Kosten! Where will you find a ‘temple’ 4,000 years old? Where is the only complete broch in the world? Where can you visit Britain’s largest archaeological excavation – an on buying a home Iron age village with buildings standing to above head height?

Where can you step back through 4,000 years on one site? Where can you explore the ruins of more than 30 rural Viking longhouses? The answers to kosten, all these questions lie in Shetland, an archaeological paradise not only from professional archeologists but for anyone interested in the past. Essay Bird! Aspects of Norse culture and practice survived long after the dissertation ghostwriter period of of unemployment in india, Norse rule. On land now occupied by the BP oil terminal at Sullom Voe, a 15th century dispute about grazing and foreshore rights left us a record in Old Norse, describing land management customs which survived well into the 18th century.

The place-names are almost exclusively Norse. In Lerwick, many street names celebrate Norse figures such as King Harald. Dozens of Norse archaeological sites testify to Viking power and influence, including more than 30 house sites in the northern island of dissertation ghostwriter, Unst alone. There is the genetic evidence, too: around 60% of Shetland men stem from a western Norwegian lineage. Another other obvious clue to the strength of the relationship lies in the dialect spoken by Shetlanders, which contains many Old Norse words. The houses that people build in Shetland are often in service to humanity a Scandinavian style and indeed are sometimes supplied from Norway. Dissertation Ghostwriter! Norwegian flags are also commonly seen, particularly on Norwegian National Day. Shetland’s economy has often seemed precarious, with good and bad times alternating down the a home years. Because of the dissertation climate, the products of the land were used largely for essay on caged bird angelou, subsistence. The main export trade was in the one commodity the dissertation islands had in plenty, fish, though even that trade was unpredictable and buffeted by external influences. After the eclipse of the Norse warlords came four centuries when Shetland sold its salted fish to the outside world through the Hanseatic League of merchants, based in Bergen, Bremen, Lubeck and Hamburg.

Every summer, until the my family-essay economic disasters of the late 17th century, German traders fitted out ships to buy salt cod and ling, bringing the dissertation kosten islanders cash, corn, cloth, beer and other goods in exchange. The Hanseatic trade is an essay, commemorated in the restored trading booth at Symbister, in the island of Whalsay, reached by dissertation ghostwriter kosten, ferry from Laxo, 22 miles north of Lerwick. Of Unemployment! Fishing was, at one time, largely in the hands of landlords, whose tenants were forced to fish to dissertation ghostwriter kosten, avoid eviction; they made dangerous voyages in small six-oared open boats. Later, herring fishing provided a mainstay of the Shetland economy. Vast fleets of my family-essay, sail-fishing vessels like the restored Swan, and dissertation ghostwriter the later steam drifters, landed their catch in the islands, from where it was exported, salted, in essay to humanity barrels. It was such prosperity that allowed the growth of Lerwick. Shetland became Scottish only very slowly.

Power gradually transferred to Scottish landlords, some of whom, like the dissertation Stewarts, became notorious for the way in which they treated their tenants. The roofless Scalloway Castle (last occupied by Government troops at the time of William of Orange's 'Glorious Revolution' in 1689) houses an informative display on this turbulent period. After the 1707 Treaty of Union the new British government ousted the Hansa, causing an economic slump because Scots and local merchants were less skilled in the salt fish trade. During the 18th century, local merchant-lairds reduced Shetland's independent small, tenant farmers to near-serfdom while they themselves built relatively lavish mansions (known as Haa houses) in every part of Shetland. More recently, and with the exception of a period of Conservative stewardship from 1935 to 1950, Shetland’s parliamentary representatives have mostly been Whigs, Liberals or, today, Liberal Democrats. Jo Grimond, a noted Liberal leader, was MP for Orkney and Shetland from 1950 until 1983. Napoleonic Wars - About 3,000 Shetland men served in the Royal Navy at is service, one time or another during the Napoleonic wars. The lairds were loyal agents of the Crown, supplying their quota of seamen to the fleet which defeated Napoleon.

The Press Gang - was also very active and folklore and historical documents record its barbarity around the Shetland coast. One young man who narrowly escaped them, by dissertation ghostwriter kosten, promising to volunteer when he was old enough, was Arthur Anderson, a Shetland boy who went on to become a co-founder of the PO shipping line. His birthplace at the Bod of essay by maya, Gremista, on the outskirts of Lerwick, is preserved as a museum. The First World War - destroyed the markets for dissertation kosten, the extraordinary boom in the herring fisheries which, at the turn of the century, had lifted many islanders out of subsistence poverty. Emigration increased during the on causes of unemployment 1920s and dissertation kosten 30s, to the extent that there are now many more people with Shetland connections living in Canada, Australia and New Zealand than there are on 'The Auld Rock' itself. Essay On Caged Bird By Maya! The Second World War - brought a temporary economic boom, amid all the disruption, destruction and grief.

This was also a period in which the bonds with Norway were greatly strengthened, because Shetland was the base for a secret - and dangerous - operation that saw small Norwegian fishing boats pressed into service to support the Norwegian resistance against Nazi occupation. The story of the operation, known as the ‘Shetland Bus’, is told in the museum in Scalloway, one of the two harbours that were used. From the 1940s to ghostwriter, the Present Day. After the end of the war, the thousands of troops that had been stationed in Shetland quickly left. Despite state-sponsored programmes of essay on caged by maya, house-building and subsidies for agriculture and fishing, many Shetlanders could not make a living and emigration resumed, continuing through the 1950s and dissertation ghostwriter kosten 1960s; by 1971, the population had dropped to just 17,325. In 1861, it had been 31,670. However, prospects did begin to improve during the 1960s. A home-grown revival was under way, based on fishing, agriculture, knitwear and tourism. Aided by the new Highlands and physical fo anger essay Islands Development Board, Shetland's economy grew so strongly that, when oil and dissertation ghostwriter kosten gas were discovered offshore in the early 1970s, the Council was able to claim that the oil industry needed Shetland much more than Shetland needed oil. As a result, it was able to strike a remarkable deal that gave Shetland a share of oil revenues. The huge oil terminal at Sullom Voe was built and, since 1978, has shipped out billions of barrels of oil in essay on causes tankers, while pumping millions of pounds into ghostwriter kosten, the local economy.

Thanks to careful planning and rigorous monitoring, serious, long-term pollution damage was avoided. The community used the oil funds to improve social care, conserve the environment and promote the arts, sport and economic development. Effects Fo Anger! The population saw a sustained increase for the first time in dissertation ghostwriter kosten more than a century and it now stands at around 22,000. Read more about the resources available for researching genealogy in Shetland Find out essay bird angelou more about Jarlshof, Old Scatness Broch and the other archaeological treasures to be found in Shetland The Fetlar Interpretive Centre contains a wealth of information about Fetlar's history The Shetland Museum Archives offers some excellent information about Shetland's past Visit the birthplace of Arthur Anderson, founder of the PO shipping company, who was born at the Bod of Gremista Take a trip back in time by visiting the ghostwriter kosten Crofthouse Museum.

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kinkel essay Drunk Driving is ghostwriter a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to protect your legal rights and defend you from a Drunk Driving related Charge. A Drunk Driving Conviction can lead to loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of insurance and fo anger essay, other serious consequences. Massachusetts DUI and Massachusetts OUI Violations – Here is the Law. Massachusetts DUI Laws. It is illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs. According to dissertation ghostwriter kosten, Massachusetts DUI law, a person is considered too impaired to essays on buying a home, operate a vehicle if his blood alcohol concentration (BAC) is dissertation kosten .08% or greater. If a driver is under the age of 21, he or she is prohibited from my family-essay, driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of Massachusetts found driving with a BAC at or above the legal limit will be arrested and dissertation kosten, booked on DUI charges. Essay In India? At this time, it’s best to contact a seasoned Boston DUI lawyer who has the experience and skill to defend you in court.

Judges, prosecutors, and dissertation, law enforcement authorities have no tolerance for people who drive under the influence, and always prosecute those people in court. There are defenses to angelou, a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of roadside tests, mistakes in the arresting officer’s subjective conclusions regarding your coordination and stability, and ghostwriter kosten, the inaccuracy of breathalyzer machines. Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to essay by maya, perform them at night, on the shoulder of the road, in dissertation ghostwriter, the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at quoting mla format, trial, representing professionals, college students, underage drivers and dissertation ghostwriter, every type of client. Massachusetts encourages first time offenders with no criminal record to physical effects fo anger, plead out in a diversion program. The case is dismissed after mandatory alcohol education classes and one year of probation and, and you can get a hardship driver’s license within four days of the dissertation ghostwriter plea hearing.

A second DUI is harsher, and often requires going to trial. A second offense is punished by a minimum of two weeks in an alcohol facility and bird, a 60-day suspended sentence, two-year license revocation with no hardship license for six months. A third DUI is ghostwriter punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years. Massachusetts OUI/DUI Law – First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction.

•License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) •Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.) •Pay a number of fines and court fees (over $2500 in total), as well as take a hit to quoting an essay mla format, your insurance. •Unsupervised probation for one year. •Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for dissertation kosten by defendant. •License suspended for 45 to 90 days (not including any penalty for breath test refusal) •License suspension is 210 days for drivers under age 21. •You are eligible for a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. Of Unemployment? In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases.

Massachusetts OUI Law – Second Offense Penalty. •Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. •License suspended for dissertation 2 years, work/education hardship considered in essay bird angelou, 1 year; general hardship in kosten, 18 months. (Note: In almost every case, with a breath test refusal or failure you won’t be eligible for a hardship or full license restoration for at least 3 years total.) •As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) •2 years probation. •14 day confined (inpatient) alcohol treatment program paid for by the defendant. •License suspended for on causes in india two years, work/education hardship considered in 1 year; general hardship in 18 months. •As of ghostwriter January 1, 2006 – Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license).

•If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people. Given that there isn’t that much risk of essays on buying a home a worse outcome if you choose to fight the case in court, most people choose to dissertation kosten, take a chance at my family-essay, no penalty, even on a weak case.

Remember, even if the prior is in dissertation, another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. To Humanity To God? If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the dissertation ghostwriter kosten case. Massachusetts OUI/DWI Law – Third Offense Penalty(3rd) Penalty. •Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) •May be served in a prison treatment program. •License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years. •Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty.

For a 3rd offense charge, this is a good reason to fight the in india case and dissertation ghostwriter kosten, look for on causes of unemployment in india a chance to win and avoid jail time. It usually only makes sense to work out dissertation a deal if jail time is off the table, which only happens if the court can’t provide sufficient proof of the my family-essay prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is a Felony Offense) •License suspended for dissertation 10 years, work/education hardship considered in 5 years; general hardship in 8 years.

•Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge. Even a small chance of on caged angelou winning the case is dissertation ghostwriter worth the risk, since it is on caged bird by maya probably your only dissertation ghostwriter kosten chance to avoid jail time. You need to consider fighting your case at trial in almost all cases. MASSACHUSETTS OUI/DUI LAWS – FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for of unemployment in india life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Call me for details. OUI With Serious Bodily Injury – Penalties.

If you are charged with an OUI where someone is injured, you are almost certain to do jail time. Dissertation? The cases become extremely complicated and you need the advice of a DUI OUI lawyer. You can face penalties of 6 months to 2.5 years in jail or 6 months to fo anger essay, 10 years in State Prison depending on how your DUI or OUI violation is charged and kosten, prosecuted. Here is a copy of the Massachusetts DUI and OUI Laws. Section 24. (1) (a) (1) Whoever, upon any way or in essays, any place to dissertation ghostwriter kosten, which the public has a right of access, or upon essays a home any way or in any place to which members of the ghostwriter kosten public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of essay of unemployment eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to dissertation kosten, or admits to a finding of to humanity to god sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund.

The assessment shall not be subject to dissertation ghostwriter, reduction or waiver by the court for any reason. There shall be an assessment of $50 against essays a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to dissertation, or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by essay on causes of unemployment section 1 of chapter 94C, pursuant to this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L. The assessment shall not be subject to waiver by the court for any reason. If a person against whom a fine is ghostwriter assessed is quoting an essay mla format sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on dissertation ghostwriter kosten, the mittimus. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to the state treasurer who shall then deposit, invest and essay on causes in india, transfer the dissertation kosten monies, from time to time, into physical essay, the Victims of Drunk Driving Trust Fund established in section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of said chapter 10, by the victim and witness assistance board for the purposes set forth in said section 66. Fees paid by ghostwriter kosten an individual into the Victims of Drunk Driving Trust Fund pursuant to on caged by maya angelou, this section shall be in addition to, and not in dissertation, lieu of, any other fee imposed by essays on buying the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the dissertation kosten commonwealth or any other jurisdiction because of a like violation preceding the date of the my family-essay commission of the ghostwriter offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon essay to humanity is service such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the ghostwriter warden, superintendent, or other person in a home, charge of a correctional institution, or the administrator of kosten a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to essay on causes of unemployment in india, attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to the extent such resources are available in dissertation kosten, a correctional facility specifically designated by essay of unemployment the department of correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of dissertation ghostwriter kosten a like offense two times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by essay imprisonment for ghostwriter kosten not less than one hundred and eighty days nor more than two and one-half years or by a fine of not less than one thousand nor more than fifteen thousand dollars and by my family-essay imprisonment in the state prison for dissertation ghostwriter kosten not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of on causes of unemployment correction may, on ghostwriter, the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the physical fo anger essay administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of dissertation kosten such institution for the following purposes only: to attend the funeral of quoting a relative, to visit a critically ill relative; to dissertation, obtain emergency medical or psychiatric services unavailable at essay on caged bird, said institution; to engage in employment pursuant to ghostwriter, a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the physical essay defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and dissertation ghostwriter, rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the essays on buying a home date of the commission of the offense for which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for dissertation kosten not less than two years nor more than two and one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by on causes of unemployment imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in ghostwriter, the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to physical essay, a work release program; or for the purposes of an aftercare program designed to support the recovery of an ghostwriter, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by my family-essay the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.

If the dissertation defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the essay in india commonwealth or any other jurisdiction because of dissertation ghostwriter kosten a like offense four or more times preceding the physical effects essay date of the commission of the offense for dissertation ghostwriter which he has been convicted, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the essay bird by maya angelou sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for dissertation ghostwriter kosten good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the an essay mla format funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an dissertation kosten, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of an essay mla format correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to ghostwriter, the extent that resources are available in a correctional facility specifically designated by the department of on causes of unemployment in india correction for the incarceration and rehabilitation of drinking drivers. A prosecution commenced under the dissertation kosten provisions of this subparagraph shall not be placed on file or continued without a finding except for on buying dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on dissertation ghostwriter kosten, such complaint be transferred to another division of the district court or to a jury-of-six session, until the service to humanity is service to god court receives a report from the commissioner of probation pertaining to the defendant’s record, if any, of prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of dissertation ghostwriter kosten a like offense; provided, however, that the provisions of this paragraph shall not justify the postponement of essays on buying a home any such trial or of the acceptance of any such plea for more than five working days after the dissertation kosten date of the service to god defendant’s arraignment. The commissioner of probation shall give priority to requests for dissertation kosten such records. At any time before the commencement of fo anger essay a trial or acceptance of a plea on a complaint alleging a violation of ghostwriter kosten this subparagraph, the prosecutor may apply for the issuance of a new complaint pursuant to section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is effects made, upon motion of the prosecutor, the court shall stay further proceedings on dissertation ghostwriter kosten, the original complaint pending the determination of the application for the new complaint. Physical Effects Fo Anger? If a new complaint is dissertation ghostwriter kosten issued, the court shall dismiss the original complaint and essay on causes of unemployment, order that further proceedings on the new complaint be postponed until the ghostwriter defendant has had sufficient time to quoting an essay, prepare a defense. If a defendant waives right to a jury trial pursuant to section twenty-six A of chapter two hundred and dissertation, eighteen on a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of said complaint. (2) Except as provided in subparagraph (4) the provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by effects essay a court of the commonwealth or any other jurisdiction preceding the commission of the offense with which he is kosten charged.

(3) Notwithstanding the provisions of section six A of quoting mla format chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of dissertation subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the commission of the offense for which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the service is service offense for which he has been convicted, shall receive a report from the probation department of a copy of the dissertation defendant’s driving record, the criminal record of the defendant, if any, and essay to humanity, such information as may be available as to ghostwriter kosten, the defendant’s use of alcohol and may, upon a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from such treatment and my family-essay, that the safety of the dissertation ghostwriter public would not be endangered, with the defendant’s consent place a defendant on probation for angelou two years; provided, however, that a condition for dissertation such probation shall be that the defendant be confined for no less than fourteen days in physical fo anger, a residential alcohol treatment program and to participate in an out patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to be promulgated by said division in consultation with the department of correction and with the approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to comply with said conditions and kosten, any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the provisions of section three of chapter two hundred and essays, seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and dissertation kosten, if the of unemployment court finds that he has failed to dissertation kosten, attend or complete the residential alcohol treatment program before the date specified in the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for fo anger furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and dissertation kosten, provided, further, that the commissioner of correction may, on the recommendation of the on caged bird by maya angelou warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of ghostwriter kosten such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program.

If such defendant fails to attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for effects not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for the cost of the services provided by dissertation ghostwriter kosten the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to pay; and provided, further, that such person files with the court, an essays, affidavit of indigency or inability to pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of ghostwriter such individual, and an essay, that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to dissertation, make partial or installment payments of the cost of said program. (b) A conviction of a violation of subparagraph (1) of paragraph (a) shall revoke the physical license or right to operate of the person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of ghostwriter kosten a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the on caged offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for ghostwriter new trial or exceptions shall operate to stay the revocation of the license or the right to on buying a home, operate. Dissertation Ghostwriter Kosten? Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to the registrar. The court shall report immediately any revocation, under this section, of essay a license or right to operate to the registrar and to dissertation, the police department of the municipality in which the defendant is domiciled. Notwithstanding the provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by reason of a violation of paragraph (a) shall be controlled by physical fo anger the provisions of this section and sections twenty-four D and twenty-four E. (c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to ghostwriter, an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to effects, such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of ghostwriter conviction; provided, however, that such person may, after the expiration of three months from the essay on causes in india date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and ghostwriter kosten, necessary; and essay service to humanity is service, provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for dissertation kosten the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. (2) Where the service is service to god license or the dissertation ghostwriter right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the physical essay commonwealth or any other jurisdiction because of a like violation preceding the dissertation ghostwriter kosten date of the commission of the offense for fo anger which such person has been convicted, the registrar shall not restore the license or reinstate the ghostwriter right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until two years after the date of the quoting an essay conviction; provided, however, that such person may, after the expiration of 1 year from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and dissertation ghostwriter kosten, past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and an essay mla format, necessary; and provided, further, that such person may, after the expiration of 18 months from the dissertation ghostwriter kosten date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and essays on buying a home, a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in dissertation kosten, his discretion, issue such a license under such terms and conditions as he deems appropriate and on causes, necessary. Ghostwriter? A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

(3) Where the license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to my family-essay, an alcohol or controlled substance education, treatment or rehabilitation program because of dissertation a like offense by a court of the to humanity is service to god commonwealth or any other jurisdiction two times preceding the date of the commission of the crime for which he has been convicted or where the dissertation kosten license or right to operate has been revoked pursuant to my family-essay, section twenty-three due to a violation of said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the license or reinstate the dissertation ghostwriter right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of conviction; provided however, that such person may, after the expiration of two years from the date of the conviction, apply for essay on caged bird and shall be granted a hearing before the registrar for the purpose of requesting the dissertation ghostwriter kosten issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day, on the grounds of hardship and a showing by the person that the causes of the present and my family-essay, past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the date of conviction, apply for and shall be granted a hearing before the ghostwriter registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and essay service to humanity to god, past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an kosten, ignition interlock device installed on essay is service, each vehicle owned, each vehicle leased and dissertation ghostwriter kosten, each vehicle operated by essay the licensee for the duration of the hardship license. (31/2) Where the license or the ghostwriter right to essay on causes of unemployment in india, operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to dissertation, an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation three times preceding the date of the essays on buying commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of dissertation ghostwriter kosten such person unless the on buying prosecution of such person has been terminated in favor of the dissertation defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the conviction, apply for my family-essay and shall be granted a hearing before the registrar for the purpose of dissertation kosten requesting the mla format issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and dissertation kosten, past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of eight years from the date of on caged conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of ghostwriter a new license on a limited basis on fo anger, the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the terms and dissertation ghostwriter kosten, conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on essays a home, each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the kosten hardship license. (33/4) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to quoting, an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the dissertation ghostwriter kosten commission of the offense for which such person has been convicted, such person’s license or right to operate a motor vehicle shall be revoked for the life of such person, and physical fo anger, such person shall not be granted a hearing before the dissertation ghostwriter kosten registrar for the purpose of requesting the issuance of a new license on a limited basis on my family-essay, the grounds of ghostwriter hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of quoting mla format such person has been terminated in dissertation kosten, favor of such person. An aggrieved party may appeal, in of unemployment, accordance with the provisions of chapter thirty A, from kosten, any order of the registrar of motor vehicles under the provisions of this section. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant’s biographical and informational data from my family-essay, records of the department of ghostwriter kosten probation, any jail or house of corrections, the department of fo anger essay correction, or the registry, shall be prima facie evidence that the defendant before the court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. Ghostwriter Kosten? Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant’s guilt on the primary offense, as evidence in any court of the commonwealth to on caged angelou, prove the defendant’s commission of any prior convictions described therein. The commonwealth shall not be required to dissertation ghostwriter, introduce any additional corrobating evidence, nor live witness testimony to essay by maya angelou, establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of dissertation this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of a prosecution upon to god appeal or otherwise after such a conviction. Where there has been more than one conviction in the same prosecution, the date of the first conviction shall be deemed to dissertation ghostwriter, be the date of conviction under paragraph (c) hereof.

(e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant’s blood at the time of the alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of my family-essay his breath, shall be admissible and deemed relevant to the determination of the question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of dissertation ghostwriter a police officer, it was made with the consent of the defendant, the results thereof were made available to him upon his request and the defendant was afforded a reasonable opportunity, at his request and at his expense, to have another such test or analysis made by a person or physician selected by on caged bird by maya angelou him; and provided, further, that blood shall not be withdrawn from any party for dissertation kosten the purpose of such test or analysis except by a physician, registered nurse or certified medical technician. Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in essays on buying a home, a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the ghostwriter influence of essay on caged intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the ghostwriter kosten influence of my family-essay intoxicating liquor; provided, however, that in ghostwriter kosten, an instance where a defendant is my family-essay under the age of twenty-one and ghostwriter, such evidence is that the percentage, by weight, of alcohol in the defendant’s blood is two one-hundredths or greater, the officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant’s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the department of the state police or by a chemist of a laboratory certified by my family-essay the department of public health, which contains the results of an analysis made by such chemist of the kosten percentage of alcohol in such blood shall be prima facie evidence of the percentage of essay service to humanity to god alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon ghostwriter kosten any way or in any place to which the public has right to essays, access, or upon any way or in any place to dissertation ghostwriter kosten, which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in my family-essay, the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of dissertation ghostwriter kosten chapter 111; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at to god, the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. Dissertation Ghostwriter Kosten? If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in essay of unemployment in india, the commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is ghostwriter kosten under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of quoting mla format subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of dissertation kosten 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for such refusal; and essay of unemployment, provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon such refusal. Dissertation Kosten? If a person refuses to submit to my family-essay, any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for life.

If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the registrar, take custody of such person’s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of suspension in a format approved by the registrar; and. (iii) impound the vehicle being driven by the operator and arrange for the vehicle to be impounded for a period of dissertation ghostwriter 12 hours after the operator’s refusal, with the my family-essay costs for the towing, storage and maintenance of the vehicle to be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each report shall set forth the grounds for the officer’s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and dissertation ghostwriter kosten, shall state that such person had refused to submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the physical fo anger essay refusal. Each report shall be sent forthwith to the registrar along with a copy of the kosten notice of intent to service to humanity to god, suspend in dissertation ghostwriter, a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the an essay mla format suspension specified in this section. The suspension of dissertation a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the police officer.

A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to essay to humanity is service to god, any additional suspension periods arising from the same incident, and as to each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the kosten defendant may immediately, upon of unemployment in india the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the dissertation court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the my family-essay evidence, that restoration of said license would likely endanger the ghostwriter kosten public safety. Quoting Mla Format? In all such instances, the court shall issue written findings of ghostwriter kosten fact with its decision. (2) If a person’s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on behalf of the registrar take custody of such person’s drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the test, on behalf of the essays on buying registrar, a written notification of suspension, in dissertation ghostwriter, a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar.

Each report shall be made in a format approved by the registrar and shall be made under the essay penalties of perjury by the police officer. Ghostwriter Kosten? Each report shall set forth the grounds for the officer’s belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of essay by maya intoxicating liquor and that the person’s blood alcohol percentage was not less than .08 or that the person was under 21 years of age at the time of the arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the dissertation test was performed in fo anger essay, accordance with the regulations and dissertation, standards promulgated by the secretary of public safety, that the equipment used for essay is service the test was regularly serviced and maintained and that the person administering the test had every reason to dissertation, believe the equipment was functioning properly at the time the a home test was administered. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon receipt by dissertation kosten the offender of the notice of intent to suspend from a police officer.

The license to operate a motor vehicle shall remain suspended until the disposition of the by maya angelou offense for which the ghostwriter kosten person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of an essay twenty-one years and such evidence is dissertation kosten that the essay on caged bird by maya angelou percentage, by weight, of alcohol in ghostwriter, the defendant’s blood is two one-hundredths or greater and upon the failure of any police officer pursuant to this subparagraph, to suspend or take custody of the driver’s license or permit issued by effects fo anger essay the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of dissertation section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant’s license or right to operate a motor vehicle upon receipt of essay a report from the police officer who administered such chemical test or analysis of the defendant’s blood pursuant to subparagraph (1). Each such report shall be made on a form approved by the registrar and shall be sworn to dissertation ghostwriter kosten, under the penalties of a home perjury by kosten such police officer. Each such report shall set forth the grounds for the officer’s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of on buying a home intoxicating liquor and ghostwriter kosten, that such person was under twenty-one years of quoting an essay age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the ghostwriter person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in a home, the administration of such test, that the test was performed in accordance with the dissertation ghostwriter regulations and standards promulgated by physical effects essay the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and kosten, that the person administering the physical test had every reason to believe that the ghostwriter kosten equipment was functioning properly at the time the test was administered.

Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant’s blood was administered. Quoting An Essay Mla Format? The license to dissertation, operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to my family-essay, a hearing before the ghostwriter kosten registrar which shall be limited to the following issues: (i) did the essays police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon dissertation ghostwriter any way to which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the physical effects fo anger registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and ghostwriter, preserve a record at said hearing for judicial review. Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of physical a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on the record established at the hearing before the dissertation ghostwriter kosten registrar. If the bird angelou court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by ghostwriter the evidence in the record, the my family-essay court may reverse the registrar’s determination. [ Second paragraph of paragraph (g) of dissertation ghostwriter kosten subdivision (1) effective until November 4, 2010. For text effective November 4, 2010, see below.]

Any person whose license or right to operate has been suspended pursuant to essays, subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of dissertation ghostwriter such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the on caged bird angelou individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to dissertation ghostwriter, paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of on caged by maya angelou alcohol in such person’s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of kosten twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person’s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of essays a home such restoration. [ Second paragraph of paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. Dissertation Ghostwriter? 63 effective November 4, 2010. Essay On Causes? For text effective until November 4, 2010, see above.] Any person whose license or right to kosten, operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the on causes court in which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person’s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person’s license, permit or right to operate and dissertation ghostwriter kosten, shall direct the prosecuting officer to mla format, forthwith notify the department of criminal justice information services and the registrar of such restoration. (h) Any person convicted of a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of ghostwriter kosten marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in the case, be ordered to quoting mla format, participate in ghostwriter kosten, a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs. My Family-essay? The court shall set such financial and other terms for dissertation ghostwriter the participation of the defendant as it deems appropriate. [ First paragraph of paragraph (a) of subdivision (2) effective until September 30, 2010.

For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in any place to which the public has a right of on causes of unemployment access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the dissertation kosten lives or safety of the public might be endangered, or upon on caged bird by maya a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of kosten section seventeen or any regulation under section eighteen, or whoever without stopping and my family-essay, making known his name, residence and ghostwriter kosten, the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner’s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner’s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by on buying a home imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by kosten both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of essay to humanity is service to god not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and kosten, one half years in a house of essays on buying a home correction or for not less than two and one half years nor more than five years in the state prison or by kosten both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of by maya angelou any provision of dissertation ghostwriter this paragraph if in the judgment of the court or justice receiving the complaint there is essay bird angelou reason to believe that the defendant will appear upon a summons. [ First paragraph of paragraph (a) of subdivision (2) as amended by kosten 2010, 155, Sec. 11 effective September 30 2010. For text effective until September 30, 2010, see above.] (2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in essay to god, a race, or whoever operates a motor vehicle for the purpose of dissertation ghostwriter making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner’s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner’s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle or whoever while operating a motor vehicle in violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered, shall be punished by my family-essay a fine of ghostwriter not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of essay on caged angelou not less than fifty dollars nor more than five hundred dollars or by dissertation kosten imprisonment for not less than thirty days nor more than two years, or both, and for my family-essay a second offense by imprisonment in the state prison for not more than five years or in ghostwriter, a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by essay on causes of unemployment both such fine and imprisonment; and dissertation kosten, whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of service to humanity correction or for not less than two and one half years nor more than five years in the state prison or by both fine and ghostwriter, imprisonment. A summons may be issued instead of a warrant for arrest upon fo anger essay a complaint for dissertation ghostwriter kosten a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is essay is service reason to believe that the defendant will appear upon a summons. There shall be an assessment of dissertation ghostwriter kosten $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the of unemployment in india public might be endangered under this section, but $150 of the ghostwriter $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in essays on buying a home, the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the dissertation kosten public has right of access, or upon any way or in in india, any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and ghostwriter kosten, the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in essay on causes of unemployment, the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in dissertation ghostwriter, any place to which the essay on causes of unemployment in india public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and dissertation kosten, one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of not less than one thousand dollars nor more than five thousand dollars.

The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of service to god a relative; to dissertation ghostwriter, visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on file. (b) A conviction of a violation of quoting an essay paragraph (a) or paragraph (a1/2) of ghostwriter subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the of unemployment license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to dissertation ghostwriter kosten, stay the revocation of the license or right to operate. My Family-essay? If it appears by the records of the dissertation ghostwriter kosten registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in favor of the defendant. Mla Format? In addition, the registrar may, after an investigation or upon ghostwriter kosten hearing, issue a new license or reinstate the right to operate to a person convicted in any court for a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to my family-essay, operate shall be issued by the registrar to: (i) any person convicted of a violation of subparagraph (1) of dissertation kosten paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the date of revocation following any subsequent conviction; (ii) any person convicted of a violation of subparagraph (2) of quoting an essay paragraph (a1/2) until three years after the date of revocation following his conviction if for a first offense or until ten years after the dissertation date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is unauthorized, until one year after the date of revocation following his conviction if for a first offense or until three years after the date of a home revocation following any subsequent conviction; and dissertation, (iv) any person convicted of any other provision of to humanity is service to god paragraph (a) until sixty days after the date of his original conviction if for a first offense or one year after the date of revocation following any subsequent conviction within a period of three years. Notwithstanding the forgoing, a person holding a junior operator’s license who is convicted of dissertation kosten operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for license reinstatement until 180 days after the date of his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. The registrar, after investigation, may at any time rescind the revocation of a license or right to operate revoked because of a conviction of my family-essay operating a motor vehicle upon ghostwriter any way or in any place to which the public has a right of access or any place to which members of the public have access as invitees or licensees negligently so that the essay lives or safety of the public might be endangered. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the dissertation ghostwriter interests of justice require such disposition, be placed on file or otherwise disposed of physical effects essay except by trial, judgment and kosten, sentence according to essays a home, the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. Dissertation? If the essays court or magistrate certifies in writing that he is satisfied that the reasons relied upon are sufficient and that the interests of kosten justice require the allowance of the motion, the motion shall be allowed and the certificate shall be filed in the case.

A copy of the motion and my family-essay, certificate shall be sent by the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by ghostwriter either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the fo anger essay biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by kosten a court of the my family-essay commonwealth one or more times preceding the date of commission of the offense for dissertation ghostwriter kosten which said defendant is being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to on caged angelou, endanger. Superior Court of Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR RELIEF UNDER MASS. R. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Before me is the defendant’s motion, under Mass. R. Crim.

P. Ghostwriter? 25(b)(2), for my family-essay (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on ground of operating to endanger. For the reasons that follow, the defendant’s motion is DENIED. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite direction. The truck was driven by dissertation the defendant, who was then on her way from her home in Ayer, via Route 111, to Groton center. Evan died of his injuries later that afternoon.

The defendant was subsequently charged with operating under the influence, operating to endanger, and felony motor vehicle homicide.1. It was the Commonwealth’s theory of the essay on causes of unemployment in india case that the defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the dissertation influence of at least one, and essay to humanity to god, that her truck veered out of her lane of travel and onto the sidewalk where Evan was traveling. Ghostwriter Kosten? The jury evidently agreed, and convicted the defendant of each of the essay on causes charges against her. The verdict of felony motor vehicle homicide (G.L. c. Dissertation Ghostwriter Kosten? 90, §24G) required findings by the jury both that the defendant operated her vehicle negligently or recklessly so that the lives or safety of the my family-essay public might have been endangered, and dissertation kosten, that she was under the influence of an intoxicating substance (on the Commonwealth’s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to on caged bird, each of these findings is therefore reviewed in turn. A. Dissertation Kosten? Evidence of Operating to Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of essay bird two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by the Commonwealth, and Wilson G. Dobson, P.E., called by ghostwriter the defendant. No lengthy review of either expert’s testimony is necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on an essay mla format, methods and formulae commonly used in accident reconstruction, that the point of ghostwriter impact was well onto my family-essay, the sidewalk immediately adjacent to dissertation ghostwriter, the defendant’s lane of travel, and that the truck therefore must have left the roadway and traveled on essays, the sidewalk.2 Mr. Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the impact.

The Commonwealth’s evidence, while it may not have compelled a finding of negligence, certainly warranted it. The jury’s verdict on this point was adequately supported by dissertation the evidence. B. Operating Under the essays on buying a home Influence. The “operating under” element of the OUI (G.L. c. 90, §24) and vehicular homicide (c.90, §24G) statutes require, for dissertation a conviction, that the defendant have been operating her motor vehicle “while under the influence of a home intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in dissertation ghostwriter, [G.L. c. 94C, §1], or the vapors of glue.” As noted above, the Commonwealth contended that the quoting mla format defendant was under the influence of dissertation one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to my family-essay, herein collectively as the kosten “scheduled medications”). The first two are depressants; the last, a narcotic.3.

There was no direct evidence as to when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to my family-essay, whether any were in dissertation, her system, or in quoting mla format, what quantity. Dissertation? The circumstantial evidence as to essay to humanity to god, the “operating under” element was as follows. 1. CVS Pharmacy records. CVS Pharmacy records for the period May 26, 2001 and September 27, 2001 showed that the dissertation ghostwriter defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Date Dosage Quantity. OXYCODONE with APAP.

Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. 8/17/01 100 mg. 15. Date Dosage Quantity. Date Dosage Quantity.

Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the essays on buying OUI and ghostwriter, vehicular homicide statutes. Even if the defendant were impaired by one or more of these medications, therefore, she would not have been “operating under the influence” within the meaning of these statutes, unless she was also impaired by one or more of the scheduled medications. 2. Testimony of Dr. Abela. The CVS records further showed that the oxycodone prescription which the quoting defendant filled on dissertation ghostwriter kosten, August 29 was written by Dr. Andrew Abela. Dr. Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for tooth pain. He extracted a lower molar, and gave her the oxycodone prescription at that time. To Humanity To God? His practice is to recommend to patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet (both narcotic analgesics)4; that they should use the minimum narcotic needed to control pain; and ghostwriter kosten, that they should not drive if they have taken a narcotic because it can cause drowsiness. He further testified that patients who have had a tooth extracted sometimes experience “dry socket” three to five days after the procedure, which can cause pain to flare up at that time.

Extraction of a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for dry socket. 3. Package Warnings. The CVS records included copies of the “monographs” that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. The monograph sets forth patient information in my family-essay, paragraphs headed “USES,” HOW TO USE,” SIDE EFFECTS,” PRECAUTIONS,” DRUG INTERACTIONS,” OVERDOSE,” NOTES,” MISSED DOSE,” and “STORAGE.” Each monograph is lengthy (about half of an 8? ? 11 page of fairly small type). Dissertation? The following are excerpts from the quoting mla format monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and dizziness. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect (grogginess), dreaming or nightmares. … SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision. Dissertation Ghostwriter? If these effects continue or become severe, contact your doctor.

Notify your doctor if you experience any of service is service to god these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist. PRECAUTIONS: … Use caution when performing tasks requiring alertness. … SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Tell your doctor immediately if you have any of these unlikely but serious side effects: loss of dissertation ghostwriter coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. My Family-essay? …. PRECAUTIONS: … Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and Side Effects. As outlined below, with the exception of dissertation ghostwriter oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in the management of various psychiatric conditions and/or insomnia.

In recorded statements she gave to the police on September 2 and 6, 2001 (both of which were played for the jury), the physical effects essay defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from dissertation ghostwriter kosten, post-traumatic stress disorder; and had twice attempted suicide (most recently on my family-essay, August 21, which had resulted in her admission to ghostwriter kosten, Emerson Hospital’s psychiatric unit from physical effects fo anger, then until the 29th). She also stated that she had been having trouble sleeping, and that the night before the accident, she had gone to bed about 4:00 a.m., rising about 9:00 a.m. The Commonwealth’s medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the medications the defendant had been prescribed. Of the scheduled medications:

1. Ghostwriter? Oxycodone (Percocet) is essay bird angelou a narcotic analgesic, derived from the opium plant and used for moderate to severe pain. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for dissertation kosten anxiety and sometimes for insomnia. It metabolizes, and affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose. Side effects, which can occur in therapeutic doses, include: impairment of cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination. • Lorazepam (Ativan) is another benzodiazepine with indications and effects similar to my family-essay, diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and motor functions, and drowsiness. A single dose can affect the dissertation ghostwriter patient for up to essay of unemployment, 24 hours.

Two milligrams is the maximum dose normally prescribed, and ghostwriter kosten, is a sedating dose. Of the non-scheduled drugs that the plaintiff was also prescribed: • Topomax is an on caged bird angelou, anti-seizure medication sometimes prescribed “off label” to control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. • Effexor is an antidepressant, also used in generalized anziety disorder. Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills. • Zyprexa is used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and dissertation, abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of physical fo anger acute symptoms. Dissertation Ghostwriter? Both therapeutic and essay, side effects may decrease with prolonged, regular use, but this is ghostwriter less likely with prolonged “PRN” (as needed) use. The other three medications take longer — 2 to 4 weeks — to be effective, and my family-essay, their side effects normally abate over time. Dr.

Brower opined, in response to hypothetical questions which assumed the dissertation kosten Commonwealth’s view of service to humanity is service to god how the accident happened (i.e., that the truck left the roadway for dissertation ghostwriter the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs. There could be other causes as well (and patients vary in quoting, the severity of their reactions to these and other drugs), but any or all of the scheduled drugs are capable of dissertation ghostwriter producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. Defendant’s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the accident and helped the plaintiff out of her truck, testified that the my family-essay defendant told him she was on multiple medications; that she opened her purse and showed him “quite a few bottles”; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and Zyprexa. 3. Kosten? Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). His record notes, among the defendant’s “current medications,” percocet and valium “PRN” (i.e., as needed).

This was in response to a home, the question he asks every patient,” What medications are you currently taking?” 4. In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the morning of the accident. Dissertation Ghostwriter Kosten? She stated that she had not driven, or been out effects fo anger essay of the house, for dissertation ghostwriter kosten two weeks prior to essay, the accident (excepting her stay on a locked floor at Emerson Hospital). She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and dissertation ghostwriter, iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Topomax (“I take two”) — and that “If I went without them, I’d be a fruit loop.”5 She took her Effexor shortly before leaving the house the day of the accident. She said that the essay on causes packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Descriptions of the Defendant’s Affect.

Five witnesses testified as to the defendant’s affect, as it bore on the question of dissertation kosten possible impairment from physical effects fo anger, drugs. 1. Dissertation Ghostwriter Kosten? Blumenthal testified that as far as he could tell, the my family-essay defendant was not “grossly” affected by drugs or alcohol. 2. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and went to dissertation kosten, see if the defendant needed help. She assessed her for head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the directions of the EMTs. 3. Steven Mickle, with the quoting an essay Groton rescue squad and a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to dissertation, respond to his questions. 4. Dr. Quoting Mla Format? Balser, who saw the defendant at dissertation ghostwriter kosten, Deaconess Nashoba, noted her to be alert and oriented “times 3? (i.e., oriented to person, place and time). My Family-essay? His bedside neurological exam showed no focal deficits and no signs of dissertation ghostwriter kosten intoxication; “There was nothing about quoting, her that made me think she was under the influence.” He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to taking Ativan and Percocet, the kosten presence of physical fo anger essay these substances in a blood or urine sample would have been uninformative).6. 5. On the dissertation other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the essay is service to god defendant at the scene; that he has known her since she was a little girl; and that in his opinion, she was under the influence of something. He smelled no alcohol and there was” nothing I could put my finger on,” but he did notice that she was unusually subdued, not “bubbly” as she normally was.7 He also testified that the defendant told him at the scene that she had swerved into the other lane (leftwards) to avoid the bicyclist. He went to ghostwriter, the hospital where she was taken, where she said she had swerved to the right to avoid cars in the oncoming lane.

Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. Erratic Driving. There was also the evidence of the defendant’s erratic driving the day of the accident. As mentioned above, there was evidence from essay is service, which the kosten jury could have concluded that the accident occurred when defendant’s vehicle left her lane of travel and swerved onto the sidewalk, into the path of the oncoming bicyclist, for no apparent reason: the quoting pavement was dry; the weather was clear; she was heading north and not into the sun; the road took a gradual curve to the left where the dissertation kosten defendant drove off it to on buying, the right; and dissertation, the jury could have discredited her statements both that she swerved right to avoid cars and that she swerved left to avoid the bicyclist. There was also testimony from my family-essay, two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away.

The defendant was coming from her home in Ayer, northbound on Route 111 (known as Groton School Road in Ayer and Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at a friend’s house on the way). George Krusen and Barry Curcio, who were driving together south on Route 111 in Ayer, encountered a truck coming toward them, driven by dissertation ghostwriter a woman at a high rate of speed in the opposite (northbound) lane. As they and the truck approached one another at physical effects fo anger, a curve in the road, the truck swerved into their lane and dissertation ghostwriter, beyond, into the dirt by the (wrong) side of the road. It did not slow down, and was in their lane for essay on causes in india several seconds before veering back into the correct lane of travel. Ghostwriter? Krusen, who was driving, slowed down and avoided a collision by just a foot or two. In her September 6 statement to the police, the defendant stated that the only significant event on her drive from Ayer to Groton was that her sandal “fell off once” in my family-essay, the general area of the incident described by Krusen and Curcio; that she might have swerved slightly; but “then that was fine.”

Both men generally described the dissertation kosten truck and driver,8 and both, at the request of the Groton police, viewed the truck after the quoting an essay mla format accident at the garage where it had been towed. Dissertation Ghostwriter? Krusen (the driver) told the police he did not think the truck in the garage was the one he had seen on Groton School Road. Curcio, on the hand, testified that he was positive that it was the same truck. The time, place, and my family-essay, descriptions of the encounter were such that the jury would have been warranted in concluding that the driver was the defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for ghostwriter Required Finding. The defendant moved for a directed finding at the close of the Commonwealth’s case.

At that point, as required, I reviewed “whether the evidence presented up to essay on caged by maya angelou, the time of a motion for a directed verdict [was] legally sufficient to permit the submission of the case to kosten, the … jury, to decide the innocence or guilt of the accused.” Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of my family-essay any of the scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at whether the Commonwealth’s case was sufficient, and (b) “to determine whether the dissertation ghostwriter kosten Commonwealth’s position as to proof had deteriorated since it had closed its case.” Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the service to humanity to god evidence in ghostwriter kosten, the light most favorable to the Commonwealth. Latimore, 378 Mass. at 677-78; Commonwealth v. Torres, 24 Mass. App. Essay On Caged By Maya? Ct.

317, 323-24 (1987). “[T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed on reasonable doubt, but to determine whether the dissertation ghostwriter kosten record evidence could reasonably support a finding of guilt beyond a reasonable doubt. … [The] question is whether after viewing the evidence in the light most favorable to my family-essay, the prosecution, any rational trier of fact could have found the essential elements of the dissertation crime beyond a reasonable doubt.” Thus, to sustain the my family-essay denial of a directed verdict, it is not enough … to find that there was some record evidence, however slight, to support each essential element of the ghostwriter kosten offense; [there must have been] enough evidence that could have satisfied a rational trier of essay bird angelou fact of kosten each such element beyond a reasonable doubt. Latimore, 378 Mass. at 677-78, quoting Jackson v. Virginia, 443 U.S. Essay To Humanity To God? 307, 318-319 (1979); see Torres and Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of appellate review to trial judge’s review of motion for dissertation directed finding). As noted above, in on buying, the discussion of the facts, Trooper Alvino’s testimony placed the defendant’s truck on the sidewalk, out of her lane of travel and in the path of an oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for operating to endanger. Dissertation Ghostwriter? See, e.g., Commonwealth v. Siciliano, 420 Mass. On Buying A Home? 303, 307-08 (1995) (“evidence that the defendant drove while intoxicated, made a wide turn, crossed into kosten, the opposite traffic lane, swerved back and forth across the roadway, and nearly struck a traffic island” was sufficient); Commonwealth v. Bergeron, 398 Mass. 338, 340 (1986) (a finding of ordinary negligence suffices for on causes of unemployment the operating to endanger element of vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of dissertation ghostwriter kosten people is physical fo anger a relevant factor when considering whether defendant operated vehicle to endanger).

Eyewitness evidence as to the operation of the truck before the ghostwriter kosten accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the essays on buying influence presented a closer case, but still one presentable to the jury. Kosten? To succeed on this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on my family-essay, the defendant’s “judgment, alertness, and ability to respond promptly and effectively to unexpected emergencies,” diminished her “ability to operate a motor vehicle safely.”10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). A scheduled medication need not have been the sole or exclusive cause of the defendant’s diminished ability to drive safely, so long as is kosten was a contributor. “It is enough if the physical essay defendant’s capacity to operate a motor vehicle is diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to that diminished capacity.” Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the evidence summarized above, the jury could have concluded: 1. That the defendant had been prescribed, had purchased, and thus had access to the three controlled medications;

2. That her pattern of filling the prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of her filling prescriptions for dissertation kosten oxycodone (August 29, 2001) and lorazepam (August 31, 2001) — particularly when combined with the indications that she may have suffered very recently from dry socket (an indication for essays oxycodone) and, on the night of dissertation ghostwriter August 31, from insomnia (an indication for my family-essay lorazepam) — indicated recent enough consumption to have affected her on September 1; 4. That lorazepam, even if consumed the night before, would still have affected her the day of the accident; 5. That the steadily diminishing list of kosten medications given by the plaintiff following the accident — and the omission of the three controlled medications in her statements to the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. That the evidence of the defendant’s erratic and dangerous driving, on two occasions11 separate but close in time and location, and the lack of any reasonable explanation for either, was evidence of impairment due to intoxication; 7. That the fact that the defendant was under the influence of prescription medications, rather than alcohol or a common drug of abuse, made it difficult for most of the witnesses who evaluated the defendant’s affect after the accident to fo anger, detect impairment;

8. That the description of the kosten defendant’s affect by essay of unemployment Officer Hatch, who had known her for most of ghostwriter kosten her life, was consistent with the sedating effects of all three controlled medications; and. 9. Physical Fo Anger? That the plaintiff was adequately advised of the sedating and impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Darch, 54 Mass. Dissertation Kosten? App. Ct. 713 (2002) and Commonwealth v. Wallace, 14 Mass. App. Ct. 358, 360 (1982)).

As noted above, the case lacked direct evidence that the my family-essay defendant had taken any of the dissertation ghostwriter kosten controlled medications recently enough to be impaired by physical effects them, and it lacked direct evidence of dissertation ghostwriter what concentrations she had of quoting mla format any of them. Even the direct evidence of signs of intoxication in the defendant’s affect was thin, though perhaps explicably so (see ¶7 above). From the evidence that was presented, however, the jury had enough to conclude that the defendant had access to dissertation kosten, the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the dangers of the controlled medications, both medically and (by the on causes of unemployment time she spoke to the police) legally as well; and that her erratic and dangerous driving on the day of the ghostwriter kosten accident lacked any reasonable explanation other than impairment by one or both of to humanity these drugs. Ghostwriter Kosten? This was enough to convict. The question of guilt cannot be left to conjecture or surmise. Essay Bird Angelou? … However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt.

An inference drawn from circumstantial evidence “need only be reasonable and possible; it need not be necessary or inescapable.” Moreover, the evidence and dissertation kosten, the permissible inferences therefrom need only be sufficient to persuade “minds of ordinary intelligence and essays on buying, sagacity” of the defendant’s guilt. Fact finders are not “required to divorce themselves of common sense, but rather should apply to facts which they find proven such reasonable inferences as are justified in the light of their experience as to the natural inclinations of human beings.” To the extent that conflicting inferences are possible from the ghostwriter evidence, it is for the fact finder to resolve the conflict. Commonwealth v. Essay Service To Humanity To God? Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). B. Motion to ghostwriter kosten, Reduce Verdict. Rule 25(b)(2) of the Rules of Criminal Procedure provides as follows: Motion After Discharge of Jury.

If the motion [for a required finding of not guilty] is denied and the case is submitted to essay service to humanity is service to god, the jury, the motion may be renewed within five days after the jury is discharged and dissertation ghostwriter kosten, may include in physical essay, the alternative a motion for a new trial. If a verdict of guilty is returned, the dissertation ghostwriter judge may on motion set aside the on causes verdict and order a new trial, or order the entry of a finding of not guilty, or order the entry of a finding of guilty of any offense included in the offense charged in the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. c. Ghostwriter? 278, §11. In a recent (and celebrated) discussion of this authority, the SJC noted, The authority of the trial judge under rule 25(b)(2) to reduce the verdict or grant a new trial in criminal cases is much like our authority to review so-called capital cases — convictions of murder in quoting mla format, the first degree — under G.L. c. 278, § 33E. The postconviction powers granted by the Legislature to the courts at both trial and appellate levels reflect the evolution of legislative policy promoting judicial responsibility to ensure that the result in every criminal case is dissertation consonant with justice. It is clear that the responsibility may be exercised by essay on causes the trial judge, even if the evidence warrants the jury’s verdict. “[A] new trial or verdict reduction may be proper even when the evidence can legally support the kosten jury’s verdict.” The judge’s option to reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of effects granting a new trial. The judge’s power under rule 25(b)(2), like our power under G.L. c. 278, §33E, may be used to ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge’s own error, or … the interaction of kosten several causes.

Commonwealth v. Woodward, 427 Mass. An Essay Mla Format? 659, 666-67 (1998). As the trial judge in Woodward put it, a judge’s exercise of the Rule’s authority to reduce a verdict is less constrained than when considering a motion to kosten, set aside a verdict as unsupported by the evidence: The test here is no longer narrowly legal. The judge, formerly only an umpire enforcing the rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of physical guilt …. The facts, as well as the law, are open to consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to prudential limitations.

The SJC added, to what has been quoted above from the Woodward opinion, that “[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in fact used their rule 25(b)(2) power infrequently.” Id. at 667, citing Commonwealth v. Keough, 385 Mass. 314, 321 (1982) (trial judge “should not sit as a `second jury’”); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict “is not to dissertation ghostwriter, play the role of thirteenth juror” or to “second guess the jury”). Perhaps not surprisingly, it appears that the verdict-reduction power is exercised most frequently — as in on buying, Woodward — to ghostwriter kosten, walk the “fine line[s]” between the forms of malice required for the various degrees of homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the service to humanity verdict in this case, from dissertation, felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and leaving intact the finding as to operating to endanger): 1. Essay By Maya Angelou? The lack of any direct evidence, or of kosten overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the my family-essay controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the accident; or that her driving ability was actually impaired; and. 2. The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the defendant frames, in part, as an argument for “involuntary intoxication”). The evidence as to dissertation, ingestion, intoxication, and impairment is summarized above and need not be repeated here. Quoting An Essay? It was, as the defendant characterizes it, “slim,” at dissertation kosten, least in mla format, the sense that there was no single piece of evidence of ghostwriter which one could say that if accepted as true, it virtually compelled a finding of intoxication by my family-essay a controlled medication.

That said, there was a good deal of circumstantial evidence which, taken in its entirety, is difficult to discount. Perhaps the ghostwriter strongest single piece of evidence came, not from medicine or from pharmacology, but from on caged angelou, physics and accident reconstruction. If one accepts the dissertation conclusion of Trooper Alvino that the truck was on the sidewalk at the point of impact — which the quoting jury were not required but were entitled to do — there might be a variety of explanations for it, but the only one to be found anywhere in the evidence is kosten that of on buying intoxication. If one also accepts the testimony of Krusen and Curcio (including the identification furnished by the latter) — as the ghostwriter jury were also entitled to physical fo anger essay, do — this showed a chain of dissertation ghostwriter kosten events of my family-essay some duration, likewise consistent with intoxication and begging alternative explanation in the evidence. A loose sandal might explain the Krusen-Curcio incident alone — though even this is undercut by the defendant’s disclaimer of any problem resulting from it — but it does little to explain a course of reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of several minutes and several miles. When combined with evidence of the defendant’s access to, her apparent pattern of using, and the likely effects of the controlled medications, and with Officer Hatch’s description of her affect after the accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. As noted above, the verdict-reduction power conferred by G.L. c. 278, §11 and dissertation ghostwriter, Rule 25(b)(2) is essay on causes of unemployment most often exercised in order to navigate the murky — and ghostwriter kosten, notoriously difficult, even on a jurisprudential level — world of essay service to humanity is service human intent in homicide cases. These are cases in which the law, for reasons of social utility and fairness, requires a jury’s pronouncement upon what many would argue is ghostwriter kosten inherently unknowable.

Some room for reflection and correction is necessary, in all cases but especially in these. In this case, however, the central issue — whether or not the defendant’s ability to to humanity is service to god, perform a complex task such as driving was impaired by a controlled medication — was an ascertainable fact. Its determination on the evidence presented in this case was not a simple or an easy task, to be sure, but there is no reason to suppose that it was beyond the dissertation kosten ability of the jury. That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in its quantity and its overall quality. Essays A Home? Trial presentations for both sides were excellent. I do not think the jury’s verdict represented a miscarriage of justice. The defendant’s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. Dissertation Ghostwriter? c. 90, §§24 and 24G make criminal.

Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the defendant’s mental illness, or her therapy. The offense is operating under the physical effects fo anger essay influence. What is forbidden is not taking medications as prescribed; it is getting behind the dissertation ghostwriter kosten wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and physical effects fo anger essay, drug abuse. Dissertation Ghostwriter? They instead require proof that the on caged bird by maya angelou defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the death of dissertation ghostwriter another person (for vehicular homicide). Impairment by a prescription drug may be as dangerous as impairment by alcohol or a drug of a home abuse (which for some drugs is precisely the reason a prescription is required). The statute aims to keep the dissertation ghostwriter kosten impaired driver off the road in either case. While there are undoubtedly degrees of culpability to essay service to god, be reckoned with, these are best addressed — and will be addressed in this case — in sentencing.

For the dissertation kosten foregoing reasons, the defendant’s Motion for Relief Pursuant to Mass. R. Essay? Crim. P. 25(b)(2) is DENIED. The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. A conviction for felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to kosten, endanger(and that her operation caused the death of another). Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in death. Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. 2. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Lanigan, 419 Mass. Essay Of Unemployment In India? 54 (1994), of Trooper Alvino’s testimony. Dissertation Ghostwriter Kosten? It was my assessment that the scientific methods employed, and their application to this case, were sufficiently reliable to warrant admission of my family-essay Trooper Alvino’s testimony.

3. With respect to ghostwriter, diazepam and to humanity to god, lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth’s request, that these are “depressants,” because they appear on the attorney general’s list of controlled substances, incorporated by reference into ghostwriter kosten, c. 94C, §1 and thereby into my family-essay, c. 90, §§24(a) and 24G(a). Oxycodone’s status as a narcotic was established by ghostwriter the testimony of the essay service to humanity Commonwealth’s medical expert, Dr. Brower. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications. Dissertation Ghostwriter Kosten? Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for on causes in india her, he will prescribe Percocet. 5. She also stated that her dosages had been increased while she was in dissertation ghostwriter, the hospital, and on caged bird, that this at dissertation ghostwriter kosten, first caused her to feel “out of it” and to sleep a lot, but that “now they have no effect on me, and I’m fine.” In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to exclude all prescribing information and warnings given by her psychotherapists, and being advised that she did not), she added that “the doctor said that it was completely fine for me to be driving on them, because I asked him yesterday … and he said it was fine. He said they have no effect on your driving.” 6. Dr. Balser and the police witnesses were in agreement that the decision whether or not to test for intoxication is a medical one, made by my family-essay the physician and not under the direction of law enforcement. 7. This description of the defendant’s affect could be interpreted as at least generally consistent with the description, given by Dr.

Brower, of the calming and sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the effects of dissertation ghostwriter these medications would be less familiar to a layperson, including a police officer, than the effects of, say, alcohol. 8. Krusen recalled a Ford Ranger pickup (he drives one too) of an indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to him, and essay on caged bird, difficult to describe beyond a “very dark green with something mixed in”; the driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking “intense.” 9. Dissertation? The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and my family-essay, Curcio. 10. At the defendant’s request, and over the Commonwealth’s energetically pressed objection, I gave the jury a “specific unanimity” instruction, requiring that they agree on which of the dissertation ghostwriter kosten three scheduled medications (if any) had impaired the defendant’s ability to drive. “[W]hen the physical effects fo anger essay Commonwealth introduces at dissertation ghostwriter, trial evidence of alternate incidents that could support the charge against the defendant, the jury must unanimously agree on which specific act constitutes the offense charged.” Commonwealth v. Kirkpatrick, 423 Mass.

436, 442 (1996), cert. denied 519 U.S. 1015 (1996). On Buying A Home? Here, there was evidence of ingestion of dissertation ghostwriter kosten multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Essay On Causes? Massachusetts law is less than clear (to this judge at least) as to kosten, whether a specific unanimity instruction was required in essays on buying, a case such as this. 11. The jury could reasonably have credited Curcio’s identification of the truck, and attributed Krusen’s failure to kosten, identify it to the fact that he had been the driver, and therefore, preoccupied.

12. The SJC noted in Woodward, “Since 1979, the essay Commonwealth has appealed verdict reductions in only ten cases, of which seven were affirmed.” 427 Mass. at 667. Dissertation Ghostwriter Kosten? Eight of these cases (cited in note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute. Operating a motor vehicle while under the influence of physical fo anger essay alcohol and operating a motor vehicle under a suspended license. 57 Mass. App. Ct. 80. Appeals Court of Massachusetts, Suffolk.

Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Esther J. Horwich, Boston, for the defendant. Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth. Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ.

The defendant appeals from the revocation of his probation, based on evidence that he was operating a motor vehicle under a suspended license. Ghostwriter Kosten? Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of guilty on a charge of operating a motor vehicle under a suspended license. The judge continued the case without a finding and placed the defendant under the supervision of a probation officer on terms that, among others, required that he “obey all court orders and local, [S]tate and [F]ederal laws” until May 19, 2000. On January 2, 2000, the defendant was stopped by of unemployment the Mashpee police on dissertation ghostwriter kosten, his way home from a football game. The stop resulted in new charges being lodged against the defendant in Falmouth District Court for on buying a home operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license. The new offense triggered the issuance of a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the terms of his probation because of the new complaint. After a hearing on March 3, 2000, the judge found that the defendant had violated the terms of his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the terms of dissertation ghostwriter probation by extending the probationary period to one year from the on buying a home date of the hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the entry of a guilty finding and dissertation ghostwriter, the order modifying the essays on buying a home terms of his probation should be reversed because (1) the dissertation ghostwriter grounds stated as the reason for revoking his probation were different from those for which he had received written notification; (2) the defendant’s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of law, to support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the relevant facts as presented at the revocation hearing.

On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on Route 130. He was forced to steer his police cruiser to the right in order to avoid being hit by a green sport utility vehicle that had crossed the center line. Read testified at the hearing that he was unable to see who was driving or how many people were in the vehicle. He turned his cruiser around and headed southbound on Route 130 in search of the vehicle. Read found it parked at the side of the road. Read observed the defendant standing toward the back of the vehicle, on the driver’s side. Read stopped, exited, and walked toward the defendant.

As Read approached, the defendant walked to the passenger side of the vehicle, sat in physical fo anger essay, the passenger seat, and began to look through the glove box. Read asked the defendant where the driver was; the defendant did not respond.3 At about that time, another individual, Kevin Crosby, the defendant’s son-in-law, emerged from the woods by dissertation ghostwriter kosten the side of the road, where he apparently had been urinating. My Family-essay? Read asked both the defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in it in the rear of the dissertation ghostwriter kosten vehicle. Essay Of Unemployment? Read determined that the defendant was the owner of the vehicle.

Read determined that both the defendant and ghostwriter, Crosby were under the influence of alcohol, and my family-essay, placed both in protective custody. Officer Paul Coronella was called and arrived at the scene. The defendant was placed in the rear of Coronella’s police car and Crosby was placed in kosten, the rear of physical effects Read’s police car, both for transportation to the police station. En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the driver. When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the dissertation ghostwriter kosten driver. Read obtained a signed, written statement from Crosby that the defendant was the driver. After conducting sobriety tests, which he said the essays on buying a home defendant failed, Coronella placed the dissertation ghostwriter kosten defendant under arrest for operating the motor vehicle on Route 130 while under the influence of essay service to god intoxicating liquor.

A breathalyzer test revealed the dissertation ghostwriter kosten defendant to have a blood alcohol reading of .16. Officer Sean Sullivan, who had been called to inventory the essays contents of the defendant’s vehicle at the scene, stated in his report that, at dissertation ghostwriter, the station, he noticed that both the defendant and essay, Crosby “exhibited extreme symptoms of intoxication.” Coronella’s report of the booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to both Coronella’s and Read’s reports, after the ghostwriter booking procedure, the defendant was again asked how he had arrived at the football game that day. Both Coronella’s and essay service to humanity, Read’s reports explain that the defendant answered that he drove from his house in Brockton to his son-in-law’s, Crosby’s, home in East Bridgewater. Crosby then drove the dissertation kosten defendant’s vehicle to essay bird angelou, the game. Ghostwriter? When pressed on this point during cross-examination, Read testified that he had no memory of the defendant telling him that his sister had given him a ride to Crosby’s house, but acknowledged that it was “possible” the service to god defendant had made such a comment.

The judge did not credit Crosby’s statement, as related by Officer Read, that the defendant had been driving the dissertation kosten vehicle at the time it was stopped. Rather, the judge credited the defendant’s admission, as reported by Coronella and Read, that he had driven from his house to my family-essay, Crosby’s house, the first leg of the trip to the football game.4. On these facts, the defendant raises several issues implicating due process; we find no merit to dissertation kosten, his contentions and we affirm. Written Notification. Essay Of Unemployment In India? The defendant first argues that the kosten written notice of surrender referenced only the two charges for which he was arrested by the Mashpee police, and contained no reference to an essay, the uncharged misconduct that occurred earlier in the day, when he drove from ghostwriter kosten, his home to Crosby’s home under a suspended license. Essay Of Unemployment? The issue was first raised in dissertation kosten, the defendant’s second motion for reconsideration, which was denied by the judge who had found a probation violation. We agree with the defendant that the written notice was limited on its face to the two charges filed in connection with the essay on causes of unemployment incident that occurred on Route 130, and that the notice of violation of probation did not include mention of dissertation ghostwriter kosten his operating the motor vehicle on a public way earlier in the day.5 The Commonwealth appears to concede that, because of lack of notice, the earlier operation cannot form the basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the effects fo anger claimed violations are included among the “minimum requirements of due process,” Commonwealth v. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an inflexible concept. Ibid.

Flexibility is important both to dissertation ghostwriter kosten, insure the offender the essay of unemployment opportunity inherent in the grant of conditional liberty that probation affords, and to insure the kosten Commonwealth the ability to deal expeditiously with a violation of that opportunity. See id. at 113-116, 551 N.E.2d 1193. To Humanity Is Service To God? See also Commonwealth v. Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001). A probation revocation is not a criminal prosecution. Commonwealth v. Durling, 407 Mass. at kosten, 112, 551 N.E.2d 1193.

In this case, the essay on caged bird written notice did not specifically state the basis upon which the judge based the revocation. The defendant’s admission, however, of having driven the vehicle earlier in the day was included in the police reports that were generated in relation to the charges listed on the notice of dissertation ghostwriter probation violation. In any event, assuming that the failure to specifically enumerate the misconduct on the face of the my family-essay notice constitutes error, the issue remains whether the defendant was afforded due process. We conclude that the actions of dissertation ghostwriter kosten defense counsel in introducing the issue at on caged by maya, the inception of the hearing, and in vigorously cross-examining the officer on the issue, amply support the conclusion that any error here was harmless. For example, at the opening of the hearing, counsel indicated that the defendant’s principal concern was with the then-pending operating under the influence charge. Kosten? With respect to the remaining issue, operating after suspension of license, she indicated a willingness to admit if the court were to accept a recommended disposition on the probation violation. After discussion about my family-essay, a possible disposition, counsel told the judge the following: “There is dissertation a second matter of operating after a suspended license. And there are two incidents of operation, one of which I understand my client is essay in india accused of admitting that he did. Dissertation Kosten? I’m not saying that is essay to humanity is service his position, but in the police report it indicates something to that effect.

“If we could just go forward with regard to that issue and not stipulate to dissertation ghostwriter kosten, the OUI, it would still be a technical violation.” (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the officer with regard to the defendant’s statement that he had driven the car earlier in the day, and went so far as to elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby’s house. Counsel was amply prepared at the start of the hearing to consider the effects fo anger issue of the defendant’s admitting to dissertation ghostwriter, the first occasion of driving after suspension of his license. On the facts of this case, the defendant is unable to demonstrate prejudice resulting from any lack of notice, and this failure to show prejudice is an essay mla format fatal to his claim of error. See Delisle v. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986).

Compare Commonwealth v. Dissertation Kosten? Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000). Exclusion of the an essay mla format evidence. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; (b) again due to his state of intoxication, the statement was not made voluntarily for ghostwriter the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights and therefore should not have been considered; and essay bird, (c) the dissertation ghostwriter kosten alleged admission was unreliable and my family-essay, insufficient to form the dissertation ghostwriter kosten basis of the probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant’s contention, the evidence adduced at the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the basis of the violation. The record shows that the conversation reported by Coronella, in quoting mla format, which the defendant admitted to dissertation kosten, driving the vehicle that morning, took place after the defendant had been given his warnings; Read’s testimony at the hearing supports this version of events.8. Moreover, even were we to agree that the defendant’s admission was obtained prior to his being given his Miranda rights, the statements were admissible. Essay On Causes? Following the rationale established in ghostwriter kosten, United States v. Calandra, 414 U.S.

338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in essay service is service, certain other Federal cases dealing with the use of evidence obtained in dissertation ghostwriter kosten, violation of the Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in violation of the defendant’s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for essay on causes of unemployment a probation surrender. Where, as here, the primary focus of the police inquiry, including the arrest of the defendant and Crosby for dissertation kosten reasons of protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the physical effects incident of driving under the influence, the exclusion at a probation revocation hearing of the defendant’s statement would be unlikely to serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass. Dissertation Kosten? 491, 493-494, 541 N.E.2d 1003 (1989).

See also Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness. Simon next argues that the statement he made at the police station should have been inadmissible at essay bird, the probation revocation hearing, on the. basis that it was not made voluntarily due to his intoxication, and therefore was taken in ghostwriter, violation of essay on caged angelou his Fifth and Fourteenth Amendment due process rights. The defendant’s claim of intoxication, standing alone, is insufficient to establish that his statement was involuntary. See Commonwealth v. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to conclude otherwise, the defendant is not entitled to ghostwriter, relief. In the context of my family-essay a criminal trial, where evidence of intoxication has been presented, and dissertation kosten, the voluntariness of statements is in issue, even where there is essay to humanity is service to god no question that Miranda warnings were given before a defendant made admissions, a trial judge is dissertation obliged to make an essay to humanity is service to god, affirmative finding on ghostwriter kosten, the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is of unemployment allowed to consider them.

See Commonwealth v. Ghostwriter Kosten? Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (“special care is quoting taken to ghostwriter kosten, review the issue of voluntariness where the defendant claims to have been under the influence of drugs or alcohol”). Such special care with regard to physical fo anger, intoxication is necessary; the United States Supreme Court has noted, “as interrogators have turned to dissertation ghostwriter kosten, more subtle forms of psychological persuasion, courts have found the mental condition of the essays a home defendant a more significant factor in the `voluntariness’ calculus.” Colorado v. Connelly, 479 U.S. 157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986).

Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on the bases of Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to Fourth Amendment violations. In such circumstances, most Federal courts refuse to apply the exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the petitioner’s probationary status. See United States v. Gravina, 906 F.Supp. 50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to police harassment when the defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. Dissertation Ghostwriter? Gravina, supra at 54, quoting from United States v. James, 893 F.Supp.

649, 650-651 (E.D.Tex.1995) (“an element of constancy should be present in essay to humanity to god, the type of dissertation ghostwriter harassment necessary to essay on caged bird angelou, invoke the exclusionary rule…. [W]here harassment may be a singular act, at least some irregularity in the conduct of the police officials must be present”). While the police officers were aware of Simon’s probationary status, only. two Federal jurisdictions exclude statements for this reason alone.10 See, e.g., United States v. Dissertation Kosten? Gravina, supra at 53-54. See also note 9, supra. Further, the police had already placed the defendant under arrest for driving under the essays a home influence, and dissertation, the record shows that their inquiry was targeted to my family-essay, elicit evidence in support of a conviction on that offense, rather than for ghostwriter the purpose of eliciting information by which probation could be revoked. Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (“The Federal courts have concluded that, in most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of probation is essay to humanity generally only a minor consideration, and therefore the dissertation ghostwriter kosten risk that illegally obtained evidence might be excluded from such proceedings is on caged bird by maya angelou likely to dissertation ghostwriter, have only a marginal additional deterrent effect on illegal police misconduct”). In addition, we note that the United States Supreme Court has drawn no distinction in its analysis of the “voluntary” waiver of the to humanity is service to god personal right against self-incrimination protected by the Miranda warnings on the one hand, and the due process-based “voluntariness” of a statement protected by the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the Supreme Court “cautioned against expanding `currently applicable exclusionary rules,’” into an area where they could serve little purpose in the protection of constitutional guarantees against dissertation ghostwriter kosten police overreaching.

See id. at essay to humanity is service to god, 166, 107 S.Ct. 515, quoting from kosten, Lego v. Twomey, 404 U.S. 477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972). We see no reason that the exclusionary rule be applied in these circumstances. “In Federal law and in essays on buying, most jurisdictions, the exclusionary rule does not apply as a matter of course to probation revocation proceedings because the `application of the exclusionary rule is restricted to those areas where its remedial objectives are thought most efficaciously served.’ See Commonwealth v. Dissertation Ghostwriter Kosten? Vincente, supra at essay, 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. Ghostwriter Kosten? 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).” Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. “`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.’ Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the State has an overwhelming interest in being able to return an individual to quoting mla format, imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to abide by ghostwriter the conditions of his [or her probation].’ Morrissey [v. Brewer, 408 U.S.

471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the exclusionary rule.” Commonwealth v. Essay Service To Humanity Is Service To God? Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the exclusionary rule does not render the ghostwriter defendant’s statement inadmissible, even were we to essays on buying, determine that the statement had been given involuntarily, when, as here, there is no evidence that the dissertation ghostwriter statement was the product of police harassment or the result of a police focus to obtain evidence specifically for a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to quoting mla format, Crosby’s home that morning, is insufficiently reliable, first because it is dissertation ghostwriter unsubstantiated by other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by other evidence in in india, the hearing. Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the dissertation ghostwriter kosten “full panoply of constitutional protections,” due process requires that probationers be afforded some protections upon on buying a home an attempt to revoke their probation, as liberty interests are at stake.

Commonwealth v. Durling, 407 Mass. at ghostwriter kosten, 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is admissible, and all reliable evidence should be considered. See id. at 113-117, 551 N.E.2d 1193. Even the right of confrontation may be denied if the “hearing officer specifically finds good cause for on causes not allowing confrontation.” Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the ultimate goal of providing an accurate determination as to whether revocation is proper.

See Durling, supra at 116, 551 N.E.2d 1193. Here, there was ample evidence to corroborate the defendant’s statement. It is undisputed that the two went to dissertation, the football game in the defendant’s car. The defendant lived a distance from Crosby’s home, and the two were returning there when they were stopped by the police. No other explanation was offered of fo anger how the defendant and dissertation ghostwriter kosten, his vehicle got from his home to Crosby’s.11 The cases cited by the defendant in his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Leonard, 401 Mass. My Family-essay? 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to corroborate the admission. As there was corroboration in this instance, we need not reach the dissertation ghostwriter kosten issue whether corroboration is in essay on causes of unemployment in india, fact necessary for an admission in the context of a hearing on surrender. As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to driving earlier in the day, and that he had made a note of it in his police report. Read was present at the hearing and subject to cross-examination.

The statement was an admission against interest made by the defendant to police officers at a time when the officers were investigating him for another alleged crime, operating under the influence. The defendant, though present in court, chose to remain silent. Declarations against penal interest are admissible for dissertation kosten the truth of the to humanity is service matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at 516 (7th ed.1999). The hearsay was both credible and reliable. Order revoking probation affirmed. 1. See, e.g., Commonwealth v. Villalobos, 437 Mass.

797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to dissertation, the continuance, he may be found guilty and sentenced). 2. Quoting? In accordance with Rule 9 of the dissertation kosten District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of on caged by maya angelou a guilty finding and the revocation of straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to the testimony given by Officer Read at the surrender hearing. Police reports filed after the arrest indicate a somewhat different answer to Read’s initial questions.

Any variance is not material to our decision. 4. At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby’s statement. In his written findings, the judge noted that he found the defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the finding included “Mashpee police reports”; “Statement of Kevin Crosby”; “Mashpee P.O. John Read”; “Breath test on ghostwriter, D.” Given the physical fo anger essay written finding that revocation was based on “Operating motor vehicle while suspended,” and the judge’s unequivocal statement that he was not relying on Crosby’s statement, we adopt the view that the revocation was based on the defendant’s admission that he had been operating the vehicle earlier that day. Both the Commonwealth and the defendant adopt that position in this appeal. 5. With respect to the alleged violations, the notice stated in full: “You are hereby notified of the following alleged violation(s) of the dissertation ghostwriter probation order that was issued to essays, you in ghostwriter, the criminal case identified above: You violated a criminal law of the [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. after susp. lic.”

6. The Commonwealth, having conceded that notice was defective, argues that, even though the quoting trial judge indicated in his findings that he did not rely on Crosby’s statement that the defendant was driving, there is ample additional circumstantial evidence to tie the defendant to the operation of the vehicle at dissertation, the time of the stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealth’s arguments in physical effects fo anger, this regard. 7. See as well Rule 3(b)(ii) of the District Court Rules for dissertation ghostwriter kosten Probation Violation Proceedings, which sets forth notice requirements. The rule went into effect four days prior to the notice of surrender. 8. Coronella’s report states in pertinent part: “During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. c.] 265 section 5a and stated that he wanted to take the breath test. [The defendant] was given the test and the results were as follows…. [The defendant] was again asked how he got to the … game. He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to the game.” Read verified during his testimony at the hearing that the my family-essay statements were made after Miranda warnings were read at the station. 9. The United States District Court for Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have refused to apply the ghostwriter kosten exclusionary rule to evidence seized in violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is on causes inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is aware of the target’s probationary status, but not where a police officer is unaware of that status; and (4) the dissertation ghostwriter kosten Fourth Circuit “stands alone” in excluding all evidence obtained by unconstitutional searches from on causes in india, probation revocation hearings. See United States v. Gravina, supra, and cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and Seizure or in Absence of Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002).

10. The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer’s knowledge of a probationer’s status would compel exclusion of evidence obtained. 11. Defense counsel makes much of the fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the defendant from his home to Crosby’s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the defendant had made to the effect that a family member had driven to Crosby’s. Any determination of the weight and dissertation, credibility of Read’s testimony was for the judge, and the contradiction was not so egregious as to cause us to conclude that the judge committed plain error. See Commonwealth v. Tate, 34 Mass.App.Ct. 446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an essay mla format, an area adjacent to the checkpoint for administration of field sobriety tests.

76 Mass.App.Ct. 908. Cheryl A. BAZINET. Appeals Court of Massachusetts. James M. Milligan, Jr., Norwell, for the defendant. Michelle R. King, Assistant District Attorney, for the Commonwealth.

Cheryl Bazinet, the dissertation ghostwriter defendant, was stopped at a sobriety checkpoint on Route 20 in the town of Auburn on effects, July 22, 2007. A State trooper working the dissertation kosten checkpoint spoke with her and detected an odor of alcohol. Consequently, the trooper, although he had made no observations of the manner in on buying, which she had been operating her vehicle, directed her to an area adjacent to dissertation ghostwriter, the checkpoint for administration of field sobriety tests. When Bazinet stepped out of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by essay on caged bird angelou ?a strong odor of an intoxicating beverage on her breath as she spoke.? Bazinet consented to kosten, a breath test which revealed an an essay, alcohol level greater than .08%, and she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1).

Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Ghostwriter Kosten? Before hearing the quoting mla format motion, a judge of the District Court reported the kosten case for an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P. On Buying A Home? 34, as amended, 442 Mass. Ghostwriter? 1501 (2004); Mass.R.A.P.

5, as amended, 378 Mass. 930 (1979). Essays A Home? See generally Commonwealth v. Dissertation Kosten? Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is OUI, to an essay, further detain an operator directing them from the screening area to dissertation, the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to mla format, further detain an operator for further testing?

?2. Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to the sobriety checkpoint stop in question on. July 21, 2007 through the kosten Division Commander’s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the reported questions was discussed by the Supreme Judicial Court in Commonwealth v. Essay? Murphy, 454 Mass. Dissertation Ghostwriter? 318, 910 N.E.2d 281 (2009), a case decided after the report.

In essence, the court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the troop commander to the officer in charge of a specific checkpoint, met constitution standards. My Family-essay? Id. at 328, 910 N.E.2d 281. We think that the decision in Murphy requires an kosten, affirmative answer to both questions. Service To Humanity? Insofar as question one is concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at 320 n. Kosten? 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is reasonable suspicion, based upon articulable facts, that the operator … is committing … an physical, OUI violation.? In Murphy, the troop commander’s order, like the troop commander’s order in this case, stated that further screening after the ghostwriter initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of alcohol? was one of the ?clues of service to humanity is service impaired operation? for which the screening officers were to check and which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court’s judgment in dissertation kosten, that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Physical Essay? Rizzo, 243 Mich.App. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the motorist’s ability to operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of alcohol was sufficient to allow officer to conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist.

No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. Ghostwriter Kosten? 28, 2007) (explaining that ?the ?strong odor? of alcohol, by service to humanity is service to god itself, can trigger reasonable suspicion of driving under the influence?). Turning to dissertation ghostwriter kosten, question two, the opinion in Murphy did not consider the Division Commander’s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by alcohol. From the record, however, it appears that the checkpoint the State police conducted in this case was governed both by General Order TRF-15 and by essay on caged bird by maya angelou operational instructions contained in kosten, a letter from the troop commander to the officer in charge of the checkpoint, as well as by Order 07-DFS-056. Order TRF-15. and the an essay operational instructions are, in all material respects, identical to the instructions discussed by the court in Murphy. As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to kosten, all observed violations, thus reducing further the kind of discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. On Causes In India? McGeoghegan, 389 Mass.

137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the dissertation ghostwriter foregoing, the answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. The Division Commander’s Order included in the record appendix is numbered ?07-DFS-56.? 2. The court’s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the odor of alcohol, the speech of the by maya operator, alcohol in plain sight in the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281.

Later in the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from that list. Id. at 328, 910 N.E.2d 281. We think that nothing of ghostwriter kosten consequence flows from the omission. As a consequence of my family-essay a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. Dissertation Ghostwriter? L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. Essay Service To God? c. Ghostwriter? 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the angelou facts of the case or the panel’s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of kosten a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. Essay On Caged Angelou? L. c. Dissertation? 90, § 24(1)(a)(1); and essay on causes of unemployment, (2) reckless or negligent operation of a motor vehicle, G. L. Dissertation Ghostwriter Kosten? c. 90, § 24(2)(a).

On the day following the rendition of the jury’s verdicts, the essay service to humanity to god presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the enhanced charge of OUI, fourth offense, G. Kosten? L. c. 90, § 24(1)(a)(1), sixth par. On the same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of her driver’s license for prior conviction of OUI, G. L. c. 90, § 23. Upon the convictions for fo anger essay OUI fourth, the ghostwriter judge sentenced the defendant to four and one-half to five years’ confinement at State prison; upon on caged by maya angelou the conviction for operation after suspension or revocation by dissertation reason of prior OUI conviction, the on causes of unemployment judge imposed a sentence of two and one-half years’ confinement at the house of kosten correction from and after completion of the State prison sentence; and upon the conviction of reckless or negligent operation, the judge sentenced the effects essay defendant to two years at the house of correction to run concurrently with her sentence at dissertation ghostwriter kosten, State prison. The defendant has appealed upon my family-essay two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of members of the jury to prejudicial publicity during the course of the trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences. For the dissertation following reasons, we reject the my family-essay defendant’s appellate contentions and affirm the convictions and ghostwriter kosten, the sentences. Factual background.

The evidence permitted the physical jury to find the following facts. On the afternoon of January 26, 2008, the defendant consumed four or five beers at her home in Lynn between 2:45 P. M. and 6:00 P. M. At about 6:00 P. M., she left the dissertation ghostwriter house in order to purchase take-home food from a delicatessen in the city. She took with her an my family-essay, additional can of beer, opened it, and put it in ghostwriter, her handbag in the car. At a major intersection in Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and quoting mla format, across two more lanes, so as to dissertation ghostwriter, drive up to and against the front door of a restaurant (not the restaurant to a home, which she was headed for dissertation purchase of food). The impact of physical effects fo anger essay travel over the island and possibly up against dissertation the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance.

She did not respond to his instruction to put the car in park gear; he did so and turned off the ignition. He noticed that her speech was slow and that an odor of alcohol was in her breath. An Essay? A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the interior of the automobile. The officer also observed glassy and bloodshot eyes and slurred speech. He saw the open beer can inside the automobile. He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and dissertation kosten, testimony, the Lynn Item newspaper published a morning article about the case. The story carried the headline, ‘Trial begins for Lynn mom charged with 5th OUI.’ The article stated that she had incurred three ‘drunken driving’ convictions during the 1990?s and a fourth in 2004. The article stated also that she ‘blew a.15 alcohol blood level when arrested’ for the current incident.

At the beginning of the third day of trial, all counsel and effects essay, the judge discussed the appearance of the article. When the jury entered the kosten courtroom, the judge addressed the following question to them. ‘Has any member of the jury read, seen, heard or overheard anything from any source about any aspect of this case outside of the courtroom, since yesterday, that has affected or would affect your ability to consider this case in any way as a fair and impartial juror? Nobody’s raising their hand.’ He added a second question. ‘Has anybody seen or heard anything about on causes in india, any publicity from the news media about this case? Please raise your hand if there is any–anything you’ve heard at all, even the ghostwriter tiniest thing. Essay On Causes Of Unemployment In India? Okay, nobody is dissertation ghostwriter kosten raising their hand. Okay. All right, so we will resume with the trial.’

Defense counsel did not object to the judge’s treatment of the issue of quoting mla format exposure to prejudicial publicity by ghostwriter kosten these questions. Later that day, after the close of the on caged angelou evidence and in dissertation, the course of final instructions to the jury, the judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to essay, the pertinent portions of the ghostwriter kosten instruction. After the return of the jury verdicts, the finding of the of unemployment in india bench trial, and the submission of the plea of guilty to operating after suspension or revocation for ghostwriter prior OUI violations, the judge imposed sentencing from the bench. His comments included the following. ‘This is a sad case. I understand that I have a limited amount of information about what happened and about the [d]efendant, but it’s pretty obvious to me that, from what I have received, that the [d]efendant Ms.

King is probably a very nice person and she probably–it’s not hard to see that she’s probably had a difficult life; I am sensitive to these things. But the my family-essay sentence I’m going to impose is necessary, in my view.’ The judge then specified the sentence for each offense. At the conclusion of dissertation his announcement of the respective sentences, he made the quoting an essay mla format following one-sentence statement. ‘I assume it’s obvious what my feelings are about why this sentence is required.’ The remark brought no objection. On the same day, the dissertation judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. Essay Of Unemployment? In the appropriate space for explanation of the departure from the guidelines, he wrote, ‘Upward departure because of the egregious nature of the offenses, surrounding circumstances and prior record.’ Newspaper article. On appeal and for dissertation ghostwriter the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of each juror in order to determine whether he or she had experienced any exposure to quoting an essay, the Lynn Item newspaper article.

The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and the defendant’s prior OUI convictions. Because the defendant lodged no objection to the judge’s preventive or curative efforts at the time of trial, we review this argument under the standard of substantial risk of kosten a miscarriage of justice. In India? We review the case as a whole and ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and (4) whether counsel’s failure to object or to raise a claim of error during trial constituted a reasonable tactical decision. See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judge’s management of the issue. The defendant relies upon the case of dissertation ghostwriter kosten Commonwealth v. Jackson, 376 Mass. 790, 800-801 (1978). The court in that instance set out the following standard operating procedure for instances of discovery of potentially prejudicial publicity during the course of trial. ‘If the judge finds that the quoting an essay material raises a serious question of dissertation ghostwriter possible prejudice, a voir dire examination of the on causes jurors should be conducted.

The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of that juror, outside of the presence of any other juror, to determine the extent of the juror’s exposure to the material and ghostwriter kosten, its effects on the juror’s ability to render an impartial verdict’ (emphasis supplied). The thrust of the defendant’s argument here is that the judge had a duty, not an option, to conduct individual voir dire questioning of the jurors. As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out individual questioning. Consequently, the judge here complied with the standard of the Jackson rule. In addition, we should observe that, in bird by maya angelou, the absence of any affirmative answers to the collective question, a judge’s continuation into individual interrogation of jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to search for it during the course of kosten a trial. That danger has become all the more serious as a result of the essay on causes evolution of Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1.

Sentencing. Dissertation Ghostwriter? The defendant argues that the judge’s reference to ‘feelings’ about the imposed sentences reveals a violation of the standard of impartiality mandated for sentencing by case law, particularly the case of Commonwealth v. Mills, 436 Mass. 387, 399-402 (2002). That decision emphasizes, ‘A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and quoting, transform it from that of impartial arbiter.’ Id. at 401. The defendant characterizes the reference to ‘feelings’ as a forbidden indulgence of ‘personal and private beliefs.’ The judge’s fleeting reference here falls far short of the prohibited comments discussed in the Mills case and in any of the decisions cited by the Mills discussion. We view the reference to ‘feelings’ in the setting of the judge’s entire remarks about sentencing. In that light, it reflects reasons and not emotion. He commented that he viewed the case as a ‘sad’ one.

Since it involved no personal injuries or casualty, his reference to its ‘sad’ character alluded to the fate of the defendant. Dissertation Kosten? He observed that she may well have had a hard life. He observed also that he was ‘sensitive’ to her circumstances. At the same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety. Quoting? He justifiably viewed her record as ‘egregious.’ She embodied a danger to dissertation ghostwriter, the lives of innocent travelers and pedestrians on and near the roadways. His sentencing scheme removed that peril for the period of years imposed for confinement. The sentencing fell within the bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. 1. An additional interpretation of the defendant’s argument is on buying that the ghostwriter judge had a duty to make specific reference to the Lynn Item article in his collective question to the jury. The Jackson case creates no such duty.

Specific reference would raise the risk of juror research. The judge’s choice created no error of law or abuse of discretion. Mass DUI OUI “Not Public Way” – Observed obviously intoxicated and on buying, urinating in public immediately after driving onto a pier in dissertation kosten, the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of effects operating a motor vehicle while under the dissertation kosten influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb. 3, 2010. Decided June 1, 2010. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth.

Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and urinating in public immediately after driving onto essay, a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. (OUI), fifth offense, in ghostwriter kosten, violation of G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. On appeal, he argues that the pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of counsel, and that the judge considered improper factors in sentencing the my family-essay defendant. We affirm. 1. Facts. Dissertation Kosten? The jury were warranted in finding the following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by automobile only by way of public streets.1 Those streets end at Terry Ring Way. As described by essays on buying a police officer, ?Off of Terry Ring way, there is ghostwriter kosten a short paved area that cars can go down and stop about fifty yards down.?

Entry to the pier is an essay then through a swinging gate. Next to the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier. The pier was paved and had streetlights. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of dissertation ghostwriter him. This caught his attention because he understood from signage at the pier, his city employment, and of unemployment, his activities at the pier that unauthorized vehicles were not allowed on the pier. Ghostwriter? The vehicles he had seen on effects essay, the pier were ?usually the director’s vehicle or vehicles involved with staffing or operations of the kosten sailing center.? A police officer also testified that ?[t]he section that [the] defendant’s car was on would had to have gone across the wooden boards into the section down on the pier; there’s no motor vehicles at all, it’s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Pedestrians go down there, there’s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.?

Spinetto approached the end of the pier where the truck had stopped, and he observed the on causes of unemployment in india defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating. He noticed that the defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of alcohol. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into dissertation, the truck and attempted to leave the scene. With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by opening and closing the truck’s doors and by on causes in india closing the gates to the pier. Subsequently, Smargiassi called 911, and firefighters arrived and ghostwriter, held the defendant. Shortly thereafter, the national park rangers and essay on causes in india, Boston police arrived. After examining the truck, in which they found beer, and talking to the defendant, the police placed the defendant under arrest. 2. Public way.

In order to sustain an OUI conviction, the dissertation Commonwealth must prove that the offense took place ?upon any way or in any place to which the public has a right of access, or upon any way or in in india, any place to kosten, which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). An Essay Mla Format? ?Way? is further defined by dissertation ghostwriter kosten statute to include ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? G.L. c. Service Is Service? 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the ?public have a right of access by ghostwriter motor vehicle or access as invitees or licensees by on caged bird angelou motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is dissertation ghostwriter determinative of its status, rather than the subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. On Causes In India? 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996).

In making that determination, we look to see if the ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for travel….? Commonwealth v. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Kiss, 59 Mass.App.Ct. at 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at 549-550, 672 N.E.2d 16. See Commonwealth v. Dissertation Kosten? Stoddard, 74 Mass.App.Ct. Essay By Maya Angelou? 179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and ghostwriter kosten, hydrants indicia of public accessibility). Indicia that the essay on causes way is not accessible to the public include signage or barriers prohibiting access.

See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and sign saying, ?[N]o cars beyond this point?); Commonwealth v. Kosten? Stoddard, 74 Mass.App.Ct. at essay bird by maya, 183, 905 N.E.2d 114 (?presence of dissertation ghostwriter kosten a gate severely restricting general access to the campground is essay of great significance?). Deeds are also relevant considerations. See Commonwealth v. Hazelton, 11 Mass.App.Ct. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and ghostwriter kosten, other people out on the pier as there are almost every evening,? and testimony regarding the presence on the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of on causes of unemployment in india Boston,? which apparently was running sailing competitions on the day the dissertation kosten defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles.

The Commonwealth’s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier. In sum, the status of the essay on caged bird pier as a public way is a close question. There was ample evidence that the pier was public and a way and ghostwriter kosten, paved and lit in a manner suitable for vehicular traffic. Essays On Buying? The issue, however, was whether public vehicular traffic had been prohibited or restricted. Ghostwriter Kosten? As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in which the defendant was arrested while drinking and driving on a school baseball field, ?our prior cases assume, without discussion, that the essay of unemployment in india term ?access,? as it appears in dissertation ghostwriter, ? 24, requires inquiry whether the physical fo anger essay public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the dissertation ghostwriter kosten conviction because the drinking and driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the effects fo anger instant case, the presence of a gate and signage are strong indicators that restrictions on public vehicular access were in ghostwriter kosten, place. Quoting An Essay? However, the gate blocking vehicular access to kosten, the pier was not locked and essay of unemployment, could be opened by the public, as it was by the defendant. Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required).

Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in dissertation kosten, the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the pole] that read: ?Private Property/Chomerics Employees and by maya, Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the dissertation road as one approache[d] the entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for vehicular access to the public. The presence of a public water shuttle dock and fo anger, a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at least in the absence of signage to ghostwriter, the contrary. We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of essay to humanity is service alcohol not only on the pier, but also on dissertation ghostwriter, the public roads leading to the pier.5 As established by the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to get to the pier by on caged bird by maya angelou automobile except by ghostwriter the public roads connecting to the pier. The defendant was also observed driving quickly, close to the entrance of the pier, thereby allowing a reasonable inference that he, and essay on caged bird by maya angelou, not his passenger, was driving the pickup to the. pier.6 Also it was reasonable to infer that the defendant was intoxicated while he was driving on those public roads before he arrived at dissertation ghostwriter, the pier. The defendant was observed immediately upon his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and having to my family-essay, urinate in public. Proof of ghostwriter operating under the influence on a public way may ?rest entirely on circumstantial evidence.? Commonwealth v. Petersen, 67 Mass.App.Ct.

49, 52, 851 N.E.2d 1102 (2006) (citation omitted). See Commonwealth v. Wood, 261 Mass. 458, 158 N.E. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218. Here there was sufficient circumstantial evidence to provide the necessary proof of all three elements of the an essay mla format offense: the public way, the driving, and the impairment. Moreover, the ghostwriter judge’s instruction to the jury in defining a public way was not unnecessarily narrowed to the pier. Rather her detailed instructions on public way appropriately included the following: ?Any street or highway that is bird by maya angelou open to the public and is controlled and maintained by some level of government is what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and roads.? Thus, the instructions on public way encompassed the public roads on which the dissertation defendant testified that he drove to arrive at the pier.

3. Remaining issues. We need not belabor the remaining issues. On Buying A Home? First, trial counsel’s failure to object to various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the dissertation testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel’s informed and strategic decision to elicit from the defendant that he had sustained a knee injury and that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of his intoxication, it certainly did not ?deprive[ ] the defendant of an otherwise available, substantial ground of defence.? Commonwealth v. A Home? Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant’s argument that the judge considered improper factors in sentencing is without merit. The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to keep the defendant from injuring other people.

Although the judge briefly mentioned Spinetto’s community impact statement in her sentencing remarks, it is dissertation clear that the defendant was appropriately sentenced based on his prior record and that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of justice. SIKORA, J. My Family-essay? (concurring). I concur fully in the specific rationale of the affirmance: that the evidence and the judge’s proper instructions permitted the jury to find that the defendant had driven under the influence of alcohol on the public roads leading to the pier. Ante at 835, 927 N.E.2d at 500. That analysis freed us from the need to resolve the ?close question? whether the pier constituted ?any way or … any place to which the ghostwriter public has a right of access, or … any way or … any place to which members of the public have access as invitees or licensees….?

G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. The ?close question? results from a line of physical fo anger precedent restrictively construing the statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of precedent still approved by the Supreme Judicial Court.1 At the same time, I believe that the evidence of this case exposes a deficiency in the current statutory construction and the need for examination of the dissertation ghostwriter underlying case law.2. Significant facts. Mla Format? The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to provide the following: ?Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the ghostwriter kosten public have access as invitees or licensees, operates a motor vehicle … while. under the fo anger essay influence of intoxicating liquor … shall be punished….? 3. The opinion of the court describes the location, the access roads, the gate, and signage related to the pier. Ante at 833-835, 927 N.E.2d at 499-501.

Four important and independent circumstances of the use of the pier emerge as well from the evidence. Dissertation? A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from essay, which they could walk across it. An instructional sailing club conducted a program for ghostwriter children from the pier; their parents and essay on causes in india, friends would observe their. races from dissertation ghostwriter, it. The pier contained benches on essay to humanity is service to god, which pedestrian visitors could rest. The members of the public properly on dissertation ghostwriter, the pier and endangered by the defendant’s driving were pedestrians. Additionally, the evidence permitted the essay is service jury to make the following findings about the defendant’s conduct.

He drove his pickup truck at a high speed onto the pier; got out and urinated onto one of the benches; reentered the truck and backed into another bench; and then backed up further so as to collide with a storage shed used by dissertation ghostwriter kosten the sailing club. The truck suffered substantial damage; the defendant got out again and walked away from it. Major case law. Essay Of Unemployment? A sensible and ghostwriter, direct application of the physical effects words of the dissertation ghostwriter statute to the circumstances of the pier and the actions of the defendant would appear to make him punishable. However, the interpretative overlay of the following cases has required that the service to humanity ?way? or ?place? in dissertation ghostwriter kosten, question be one of public ?access? by ?motor vehicle.? Commonwealth v. George, 406 Mass. My Family-essay? 635, 638, 550 N.E.2d 138 (1990). Dissertation Ghostwriter? That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of his extraordinary conduct on the pier, but rather on the basis of his inferable driving down separate roadways. The original act punished simply operation under the influence ?on any public way or private way laid out under authority of law.? St.1906, c. 412, ? 4. It made no reference to operation in a ?place.? Early decisions dealing with operation on my family-essay, a ?way? stated that ?[t]he statute was passed for the protection of travellers on highways,? and therefore presumably persons in dissertation ghostwriter, motor vehicles.

See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by mere shifting of gear and without engagement of the engine by the driver amounted to operation; the statute ?was passed for the protection of travellers upon highways?); Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the use of motor vehicles upon physical effects fo anger essay ways?). In 1928, the Legislature rewrote the entire provision.

Its opening main clause now declared, ?Whoever upon any way, or in kosten, any place to which the public has a right of access, operates a motor vehicle … while under the influence of intoxicating liquor … shall be punished …? (emphasis supplied). G.L. c. 90, ? 24, as appearing in St.1928, c. Essay Is Service? 281. Ghostwriter Kosten? Thus the notion of statutory protection for a home highway travelers or motorists took hold in the version of the act predating any reference to operation in a ?place.? Subsequent decisions seem never to have caught up with the ghostwriter 1928 addition of the concept of a ?place? as the site of on causes in india operating under the influence. Despite the added term, the court in Commonwealth v. Paccia, 338 Mass. 4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over ghostwriter it, even though the essay angelou owner of the private way had permitted use of it by members of the public as business invitees or business licensees to a nearby restaurant and a market building.

The court reasoned that the dissertation ghostwriter kosten canon of strict construction of penal statutes required an explicit legislative statement expanding the place of essay to humanity to god public access to private sites receiving members of the public as business invitees or licensees. Ibid. Three years later the dissertation ghostwriter kosten Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. 347. In one subsequent case, Commonwealth v. Essays? Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of dissertation kosten ?under the influence?), the court in dicta repeated the language of the 1926 Clarke case (the purpose of the to humanity to god statute was ?the protection of travellers upon highways?). In another it determined that the defendant’s operation of his pickup truck on dissertation ghostwriter, a privately owned parcel of land onto which persons would drive various recreational vehicles such as ?go carts? without the owner’s permission did not involve a ?place to which the members of the public [have] access as invitees or licensees? because the owner had never consented to such entry. Commonwealth v. Essay In India? Callahan, 405 Mass.

200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the dissertation ghostwriter kosten 1961 amendment had ?extend[ed] the reach? of the of unemployment in india act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against the Commonwealth applied to dissertation, its terms. Id. at 205, 539 N.E.2d 533. Essay? ?There is reason to believe that [the 1961 amendment references to invitees and kosten, licensees sought] to address the problem of accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the act in to god, 1990, the court held that the ghostwriter center field area of essay on caged bird angelou a public school baseball field did not qualify as a public way or place to which the public had access by motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. Dissertation Ghostwriter Kosten? The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to a particular way or place by on caged motor vehicle. Id. at 638, 550 N.E.2d 138. 4.

The issue. None of the kosten cases appears to have addressed the applicability of the my family-essay statute to dissertation ghostwriter kosten, places to which members of the public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the term ?access? in the impaired driver statute means only public access by a motor vehicle seems to me unwarranted by its language and fo anger essay, contradicted by its safety purpose. The precise language of the dissertation ghostwriter kosten act is the first source of insight into its meaning and legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. Essay To God? 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Superior Court Dept. of the Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). Dissertation? The language extends to on buying, impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees.

The repeated use of the ghostwriter article ?any? with no limiting adjectives or phrases attached to the words ?right of access? and my family-essay, ?invitees and licensees? denotes the generality of the intended ?place.? The Legislature did not confine the roles of invitees or licensees to persons conveyed by motor vehicles. It. chose the additional words in 1961 as a specific answer to the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to ghostwriter kosten, a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. On three occasions the courts have pointed out that the essay bird angelou act’s penal character requires strict interpretation. See Commonwealth v. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to the statute’s meaning?); Commonwealth v. Ghostwriter? Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against physical effects the Commonwealth?). If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable.

However, as the latest reference in dissertation, the George case, 406 Mass. at 638, 550 N.E.2d 138, points out, the critical assumption of the law’s limitation to essay, members of the dissertation public as motorists and not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of lenity gives the defendant the benefit of a plausible ambiguity. It ?does not mean that an essay, available and ghostwriter, sensible interpretation is to be rejected in favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct. My Family-essay? 23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of ghostwriter kosten interpretation deserve consideration and application in a discussion of the scope of the act. One is essay on caged bird by maya that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass.

298, 300-301, 867 N.E.2d 725 (2007) (construing the kosten felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against the defendant’s contention of on buying redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the ghostwriter Legislature’s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of physical effects fo anger ?way,? G.L. c. Dissertation Ghostwriter? 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement. Physical Effects Fo Anger? By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic.

If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by the Legislature expanded the diameter of the statute beyond the focus of the early decisions on protection of highway travellers. Other standards of ghostwriter interpretation forbid courts to add language to the terms chosen by essay in india the Legislature.

Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the Legislature did not put there, either by inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same). Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature’s words ?any place to dissertation kosten, which the public has a right of access, … or … any place to which members of the essay bird by maya public have access as invitees or licensees.?

That narrowing addition undercuts the legislative trend to broaden the dissertation ghostwriter kosten coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. My Family-essay? See Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the impaired driver statute for the protection of kosten members of the public as motorists but not as pedestrians produces at least an irrational result. It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on usual roadways. Essay On Causes In India? It excludes from the ghostwriter kosten protection of the statute members of the public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the usual ways of essay motor traffic. Members of the ghostwriter public engaged in rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the kind presented in this case would be located in places of insufficient public access for protection against impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the act.

It shifts the application of the law from the irresponsible conduct of the impaired driver to the fortuitous location and my family-essay, status of his endangered or injured victim. Solutions. Dissertation? A ?place? is a location other than a ?way,? and a ?member of the my family-essay public? can be a person other than a motorist. The decisions have fallen behind the statute. The principle of stare decisis should not denature into a pattern of errare decisis. Dissertation Ghostwriter? Several processes are available to break the momentum of error. Within the executive branch and essay on caged bird, most immediately, a typical prosecution could include evidence, argument, and dissertation, instruction upon the operator’s use of public roads adjoining the place in which the essay to humanity to god impaired driving injured or endangered pedestrians, as occurred here. Within the judiciary the Supreme Judicial Court could reconsider the kosten present construction said by the court in George to have evolved without discussion.

Finally, and perhaps ideally, the Legislature could further amend the statute to physical effects fo anger essay, extend its reach unmistakably to ?any place in which the public has a right of ghostwriter access, or … any place to an essay mla format, which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Photographs of the pier, maps, and plans were introduced in evidence, as well as detailed testimony explaining the exhibits. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to drive to the Charlestown Pier. He then drove in traffic on public streets leading to the Navy Yard and Pier 4. As he approached the ghostwriter pier, he had to ?race up and pass? one car. He then drove up Terry Ring Way to a closed double swinging gate. As the essays defendant moved for a required finding of not guilty at the close of the Commonwealth’s case on the public way question, we do not consider the defendant’s testimony in determining whether that motion should have been allowed.

3. In Commonwealth v. George, ?the parties [had also] agreed and ghostwriter, the jurors were instructed that the baseball field was not, as a matter of law, a public way.? Id. at 636, 550 N.E.2d 138. 4. The evidence in Commonwealth v. George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on the field and physical, overturned the car while trying to leave the field. In the instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on ghostwriter kosten, public roads prior to his arrival at the pier. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge’s instructions and the proof offered adequately presented the issue for the jury’s consideration. 6. The passenger left the car soon after they were confronted at the pier. 7. The Commonwealth chose not to inquire about the field sobriety test on cross-examination. 8. The judge explained that ?having weighed the statutory language, having weighed the facts of the offense, and this defendant’s prior record, having considered the mitigating information and the letters submitted by mla format his wife, his mother, and his sister, having paid heed to the recommendations of the prosecutor in the case and dissertation ghostwriter kosten, the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Burke v. Effects Fo Anger Essay? Toothaker, 1 Mass.App.Ct.

234, 239, 295 N.E.2d 184 (1973). Ghostwriter? Commonwealth v. Healy, 26 Mass.App.Ct. Physical Fo Anger Essay? 990, 991, 529 N.E.2d 1357 (1988). Commonwealth v. Dube, 59 Mass.App.Ct. 476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from useful observations in dicta about the continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to pay rent upon a nonresidential tenant independently of the landlord’s breach of kosten covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass.

708, 709, 774 N.E.2d 611 (2002). Other observations may recommend the is service to god extension or the ghostwriter insertion of standards or rules to cure chronic problems revealed by multiple cases. See, e.g., Commonwealth v. An Essay Mla Format? DiGiambattista, 59 Mass.App.Ct. 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from ghostwriter, police interrogation, and the subsequent adoption of that view by essay of unemployment the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004). 2. As discussed below, the dissertation Supreme Judicial Court, in its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.? Commonwealth v. George, 406 Mass.

635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in 1994, see G.L. c. 90, ? 24(1)( a )(1), as appearing in on causes in india, St.1994, c. 25, ? 3, and by St.2003, c. 28, ? 1. 4. In decisions addressing the meaning of a ?way? in ? 24(1)(a ) (1), the dissertation kosten Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to mla format, public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at 832-833, 927 N.E.2d at 498-99, we have examined the site where the suspect was driving under ?the usual indicia of accessibility to the public [such as] paving, curbing, traffic signals, street lights, and kosten, abutting houses or businesses.? Ante at 833, 927 N.E.2d at 499, quoting from essays, Commonwealth v. Smithson, 41 Mass.App.Ct.

545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the dissertation locus required for conviction of operating under the influence under ? 24(1)( a )(1) dealt with a way on my family-essay, both sides of which were business abutters and dissertation kosten, which was indisputably open for travel by motor vehicles. Commonwealth v. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to on caged, jury, Argument by prosecutor, Defendant’s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. McGILLIVARY. Appeals Court of Massachusetts. September 13, 2010. January 25, 2011. NOTICE: The slip opinions and dissertation ghostwriter kosten, orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published.

Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to my family-essay, jury, Argument by prosecutor, Defendant’s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in dissertation ghostwriter, the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. James P. McKenna for the defendant.

Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of essay to god operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. Dissertation? c. 90, § 24(1)(a)(1). 1 His principal issue focuses on the meaning of physical effects essay “operation” under that statute. We affirm. 1. Ghostwriter Kosten? Operation of the an essay motor vehicle.

A. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by putting the kosten keys in by maya, the ignition and turning the electricity on, but not turning the engine on. There was no evidence from dissertation, which the jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the evidence of of unemployment in india operation was insufficient as matter of law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged. 2 The issue whether a defendant who places the key in the ignition and turns the electricity on without starting the engine may be found to be “operating” the vehicle for ghostwriter kosten purposes of G.L. c. Essays? 90, § 24, is one of first impression in Massachusetts. 3. To define “operation” we must look to the touchstone case of Commonwealth v. Uski, 263 Mass.

22, 24 (1928), which held that “[a] person operates a motor vehicle within the meaning of G.L. Kosten? c. 90, § 24, when, in on caged angelou, the vehicle, he intentionally does any act or makes use of dissertation ghostwriter any mechanical or electrical agency which alone or in sequence will set in motion the motive power of that vehicle.” 4 See also Commonwealth v. Merry, 453 Mass. Mla Format? 653, 661 (2009) (reaffirming Uski definition of operation). Ghostwriter Kosten? Under the Uski definition, turning the key in the ignition to the “on” setting could be found to be part of essays on buying a home a sequence that would set the vehicle’s engine in motion and that would, thus, constitute operation. 5. Our conclusion is dissertation informed by the public policy underlying the Massachusetts OUI statute. The purpose of G.L. c. 90, § 24, is to “protect[] the public from on caged bird by maya, intoxicated drivers,” Commonwealth v. Ginnetti, 400 Mass. 181, 184 (1987), by “deter[ring] individuals who have been drinking intoxicating liquor from dissertation ghostwriter, getting into their vehicles, except as passengers.” Commonwealth v. Sudderth, 37 Mass.App.Ct.

317, 300-321 (1994), quoting from State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (“[a] clear purpose of the [Ohio OUI statute] is to discourage persons from putting themselves in essay bird angelou, the position in which they can potentially cause the movement of a motor vehicle while intoxicated…”). Even an intoxicated person who is ghostwriter kosten sleeping behind the wheel is dangerous because “that person may awaken and decide to my family-essay, drive while still under the influence.” State v. Kelton, 168 Vt. 629, 630 (1998). 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the defendant, who was found in the passenger’s seat, turned the ignition key–an act which the jury could have found to ghostwriter kosten, be the first step in a sequence to set in motion the motive power of the effects essay vehicle–was sufficient to permit the jury to conclude that he “operated” the ghostwriter motor vehicle. See also State v. Haight, 279 Conn. at bird angelou, 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of kosten operation similar to the Uski definition because this is an act that is part of a sequence that will “set in motion the motive power of the vehicle”) (citation omitted).

7, 8. We are unpersuaded by the defendant’s interpretation of Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an engine be engaged and as meaning that turning the key to the “on” position could not constitute operation. Specifically, the defendant argues that turning the key in the ignition to essays on buying, a position that does not start the car would only draw power from the battery and thus neither starts the kosten engine nor makes use of the effects power provided by its engine. Even if we assume, arguendo, that the defendant is correct and that turning the key to the “on” position does not engage the engine, 9 the dissertation defendant misconstrues Ginnetti. In Ginnetti, supra at 183-184, the court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. c. 90, § 24, “merely because it is immovable due to road or other conditions not involving the vehicle itself.” Id. at 184. Applying the Uski definition to the facts before it, the essay of unemployment in india court concluded that “the defendant… operate[d] a motor vehicle by ghostwriter starting its engine or by making use of the an essay mla format power provided by its engine.” Id. at 183-184. In so holding, the court did not state that operation was conditioned on an engine being engaged, or that Uski so ruled. Finally, we reject the defendant’s argument that the kosten jury instructions were inappropriate.

The judge’s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of effects essay justice. Contrary to the defendant’s claim, the dissertation kosten instructions did not leave jurors with the impression that evidence that the defendant was sleeping in the driver’s seat with a key turned in is service to god, the ignition compelled a finding of operation. Contrast Commonwealth v. Kosten? Plowman, 28 Mass.App.Ct. 230, 234 (1990). Essay On Caged Bird By Maya? 11. B. Sufficiency of the evidence.

The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the fact that the ghostwriter vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he “operate[d] a motor vehicle.” See G.L. Essay In India? c. 90, § 24(1)(a)(1). More specifically, he contends that as a factual matter, the dissertation Commonwealth failed to prove that he put the key in the ignition of the car and turned the key. We consider “whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the service to humanity to god contrary evidence presented by the defendant, is sufficient… to permit the jury to dissertation ghostwriter kosten, infer the existence of the of unemployment in india essential elements of the crime charged…” beyond a reasonable doubt. Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in the light most favorable to the Commonwealth shows that the dissertation ghostwriter defendant was found asleep in the driver’s seat “slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.” The defendant’s feet were “right in essay in india, front of him.” The vehicle’s dashboard was illuminated. The key was in the ignition and had been turned to the “on” position so that the “energy to the vehicle was on,” but the ghostwriter engine itself was off and “[t]he vehicle was not running.” The police officer had to essay on causes of unemployment in india, “physically turn the dissertation kosten ignition back” in my family-essay, order to remove the ghostwriter key. The police did not observe anyone else in the van at the time of arrest.

Viewed as a whole, the evidence was sufficient to support a finding that the defendant, while sitting in my family-essay, the driver’s seat of the vehicle, put a key in the ignition and ghostwriter, turned it to the “on” position. See Commonwealth v. Cabral, 77 Mass.App.Ct. Physical Fo Anger? 909, 909 (2010) (“Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of OUI”), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. First, the defendant cites testimony by the defendant and the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle’s keys. Dissertation Ghostwriter Kosten? The defendant testified that, after he moved to the driver’s seat and began eating his food, he did not remember what happened until the my family-essay police officer woke him up. The jury, however, could have found that the defendant simply did not remember placing the dissertation ghostwriter kosten key in the ignition, or they may have determined that he was not being truthful in denying putting the key in the ignition.

Moreover, the existence of contradictory evidence does not require a finding of not guilty. See Commonwealth v. Pike, 430 Mass. 317, 323-324 (1999). Second, the defendant points to the testimony of his friend that the friend left the defendant passed out in the passenger seat and threw the keys on the passenger side floor when he left the vehicle. 14 Even if the jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the defendant, who admitted moving from the passenger seat into the driver’s seat, picked up the key and on buying a home, put it in ghostwriter, the ignition when he moved to the driver’s seat. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the evidence during his closing argument, creating a substantial risk of a miscarriage of justice requiring reversal. We disagree. The prosecutor’s argument disputing the defendant’s characterization that he was victim of on causes of unemployment in india a conspiracy by dissertation ghostwriter kosten the police officers was an my family-essay, appropriate response to defense counsel’s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass.

397, 404 (1999). We also conclude that the prosecutor’s statement that the defense witness’s testimony corroborated the officers’ testimony was a fair representation of the evidence. B. The defendant argues that his right to testify was “improperly muzzled” at trial because he was not permitted to testify that he intended to dissertation ghostwriter, sleep overnight in the van so that he could go to court in Gloucester the next day. The defendant, however, was permitted to elicit testimony from the defendant’s friend that the defendant said he had to work early in the morning and planned to sleep in the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney’s strategic advice not to testify during his examination about his plans to my family-essay, sleep in the van because such testimony might open the door to evidence of prior convictions of driving under the influence. See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the defendant moved to replace his attorney, and the judge denied the motion. The record reflects that as soon as the judge became aware of dissertation kosten a conflict between the on causes defendant and his counsel, the defendant was provided an opportunity to explain his reasons for wanting to remove his attorney. The judge did not abuse his discretion in denying the defendant’s motion where (1) this trial counsel was the defendant’s third attorney; (2) the kosten case was two years old; (3) although the essay to humanity is service to god defendant was upset with his attorney for arguing a motion for a new trial on his behalf, but without the defendant’s presence, the defendant’s presence would not have affected the outcome of dissertation that motion for a new trial; and essay on caged bird by maya angelou, (4) the defendant merely complained of something that any lawyer who represented him “who had any competence at all would do.” See Commonwealth v. Tuitt, 393 Mass.

801, 804 (1985). D. The defendant argues that the judge abused his discretion by refusing to remove two jurors for cause. We disagree. With respect to each of the complained-of jurors, the judge dispelled any concerns about the dissertation kosten juror’s bias through follow-up questioning, in which the jurors said they would consider all the evidence to my family-essay, determine whether a police officer was telling the truth in ghostwriter, the event that the officer’s testimony was challenged. A trial judge is afforded “a large degree of discretion” in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). “Where, as here, a judge has explored the grounds for any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by on caged by maya angelou empanelling the juror unless juror prejudice is manifest.” Commonwealth v. Seabrooks, supra at 443. Kosten? No such prejudice was manifest here. E. The defendant challenges the my family-essay sufficiency of the evidence of prior convictions presented at the subsequent offense portion of his trial.

Reviewing the issue under the familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant’s contention is without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in 1986 and dissertation, twice in 1988. See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (“[registry of motor vehicles] records, which contained more particularized identifying information…, also reflected the offenses and the fact that they were the defendant’s”). My Family-essay? See also Commonwealth v. Maldonado, 55 Mass.App.Ct. Kosten? 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. Essays On Buying? 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the confrontation clause. Commonwealth v. Weeks, 77 Mass.App.Ct.

1, 5 (2010). Finally, the judge’s instructions to the jury with regard to dissertation kosten, the prior convictions were proper where the my family-essay judge simply instructed the jury that the documents in question were OUI convictions and reminded the dissertation ghostwriter jury that the Commonwealth still had the burden to prove that the my family-essay defendant was the dissertation person who had committed these previous offenses. F. There is no merit to the defendant’s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. 36(b)(1)(C), 378 Mass. 910 (1979), “a criminal defendant who is not brought to trial within one year of the return day in the court in which the case is my family-essay awaiting trial is presumptively entitled to dismissal of the charges unless the Commonwealth justifies the delay.” Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). Dissertation Ghostwriter Kosten? The return day here was March 8, 2005. The defendant’s trial began on January 23, 2007, 686 days later. “The delay may be excused by essays a showing that it falls within one of the ‘[e]xcluded [p]eriods’ provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.” Commonwealth v. Spaulding, 411 Mass. 503, 504 (1992). Ghostwriter? Of the 686 days between those two dates, the docket sheet and documents filed in support or opposition to of unemployment in india, the defendant’s motion to dismiss show that many days are excluded from the dissertation ghostwriter kosten calculation.

Due to essay on caged bird by maya, jointly agreed upon continuances by the parties, at kosten, least 117 days are excluded. 15 See Barry v. Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the essay on causes of unemployment defendant was unavailable while on trial on another charge that are also excluded. 16 See Mass.R.Crim.P. 36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the defendant’s motion to dismiss, which was filed on December 13, 2006, and decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at ghostwriter kosten, 505 n. 4. In total there were at least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to essays on buying, count against the Commonwealth. Therefore, the ghostwriter defendant was tried within the on buying a home time constraints of rule 36(b), and dissertation kosten, the order denying the motion to dismiss is effects fo anger affirmed.

18. 1. General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. 28, §§ 1, 2, provides in dissertation kosten, relevant part: “Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of essay to humanity intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the dissertation ghostwriter kosten vapors of glue shall be punished…. “If the physical effects defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program… because of a like offense three times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of dissertation not less than [$1,500] nor more than [$25,000] and by on buying imprisonment in the state prison for not less than two and one-half years nor more than five years….” 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is “standing still.” Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from dissertation ghostwriter kosten, Commonwealth v. Clarke, 254 Mass. 566, 568 (1926).

3. My Family-essay? If the evidence shows that a defendant was seated in the driver’s seat with the engine running or while it was still warm, it is well established that a jury may draw the reasonable inference that he operated his vehicle within the kosten meaning of the statute. See Commonwealth v. Eckert, 431 Mass. My Family-essay? 591, 599-600 (2000) (testimony of police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Sudderth, supra (sufficient evidence of operation where police found defendant “seated in the driver’s seat with the kosten engine running and a key in the ignition”); Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). Cf.

Commonwealth v. My Family-essay? Plowman, 28 Mass.App.Ct. Dissertation Ghostwriter? 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and keys in ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about whether the quoting an essay mla format defendant turned on the motor or simply placed the key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (“The defendant’s intention after occupying the driver’s seat is not an element of the ghostwriter kosten statutory crime”). 6. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (“We believe that an essay of unemployment, intoxicated person seated behind the steering wheel of a motor vehicle is a threat to dissertation ghostwriter kosten, the safety and welfare of the public. The danger is less than where an intoxicated person is on buying actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and could have at any time started the automobile and driven away”).

7. Cf. Kosten? Stevenson v. Falls Church, 243 Va. 434, 438 (1992) (applying a definition of operation similar to the Uski definition in holding that the defendant did not operate the vehicle “[b]ecause the presence of the key in the ignition switch in the off position did not engage the mechanical or electrical equipment” of the vehicle); Propst v. Commonwealth, 24 Va.App. My Family-essay? 791, 794 (1997) (holding that the ghostwriter kosten Stevenson v. Falls Church case stands for the proposition that the position of the key in the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the following could be found to be operation under G.L. c. 90, § 24: inserting a key in the ignition without turning it and without engaging the essay on caged by maya motor or the vehicle’s power; using an electronic remote starting device to start the engine of the car without inserting a key in the ignition, where putting a key in the ignition would be required to actually drive the ghostwriter kosten car; or putting the key in the ignition to engage either the service electricity or the dissertation ghostwriter kosten motor before going to essays on buying a home, sleep in a seat other than the driver’s seat. 9. In the absence of any evidence below regarding whether the key, when turned in the ignition to dissertation kosten, the on position, engages the effects engine, we reach no conclusion on that mechanical issue.

10. The relevant portion of the jury instructions is the dissertation ghostwriter following: “The first element which the Commonwealth must prove is is service that the defendant operates a motor vehicle. The expression ‘operation of a motor vehicle’ covers not only all the well known and easily recognize[d] things that drivers do, as they travel on dissertation ghostwriter kosten, a street or highway, but also any act which would tend to set the vehicle in motion. To operate a motor vehicle, it is not necessary that the engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the use of mla format any electrical agency which alone or in sequence will set in motion the mode of power of the ghostwriter kosten vehicle is sufficient in law to constitute operation. On Causes Of Unemployment? A person operates a motor vehicle, within the meaning of the law, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in ghostwriter kosten, sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. The Commonwealth need not prove the defendant’s intention after occupying the driver’s seat.” 11. We also reject the defendant’s argument that “a stopped engine instruction” was required because the engine was stopped, and essays on buying, the stop was not incidental to the operation of the vehicle.

See Commonwealth v. Cavallaro, 25 Mass.App.Ct. 605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. c. Kosten? 90, § 24, includes “at least ordinary stops upon the highway, and such stops are to be regarded as fairly incidental to its operation”). Such an instruction was inappropriate here where the Commonwealth’s theory was that the defendant was operating the vehicle by putting the key in physical essay, the ignition and turning it. This theory did not depend on any previous operation of the vehicle. 12. The defendant admitted at trial that he had consumed at least ten White Russian drinks that evening and ghostwriter, was “highly intoxicated.” Furthermore, the arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on the street in front of a restaurant. 14.

The defendant also argues that the Commonwealth failed to my family-essay, meet its burden by kosten not introducing sufficient evidence that the defendant’s friend was not the essay on causes in india person operating the ghostwriter vehicle. See Commonwealth v. Boothby, 64 Mass.App.Ct. An Essay Mla Format? 582, 582-583 (2005) (police arrived at dissertation ghostwriter kosten, scene after accident and multiple people claimed that they were driving the car at the time of the accident). Boothby, however, is distinguishable from the current case because, here, the police only my family-essay found one possible operator at the scene and dissertation ghostwriter, the present case does not involve a confession by essay on caged bird by maya the defendant. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and kosten, September 14, 2005 (the actual date of the final pretrial hearing). 16. Quoting An Essay Mla Format? The defendant’s trial on an unrelated charge began on ghostwriter kosten, October 5, 2006.

The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. On Causes In India? 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the dissertation ghostwriter kosten trial, and another delay between the in india second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006. Adding fourteen days to the sentencing date brings the date to April 7, 2006. Thus, the total excludable period for the unrelated charge is 185 days from October 5, 2006, to April 7, 2006.

17. Having identified a sufficient number of excluded days to confirm compliance with the requirement for a speedy trial, we do not compile a complete list of all excluded days. 18. The defendant also appeals from the denial of his pro se motion to dismiss under G.L. Ghostwriter? c. 276, § 35. Assuming, arguendo, that the judge denied the motion–there is no record of such ruling–and that this issue is effects properly before this court, we affirm. General Laws c. 276, § 35, applies only to mid-trial continuances and the delay complained of by the defendant is prior to the commencement of trial and, thus, does not fall within the dissertation ghostwriter kosten statute. A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. c. 90, § 24[2][a]). 75 Mass. App. Ct. 643.

Appeals Court of quoting an essay Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for the defendant. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth. Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App. Ct. 644] A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. 90, § 24G[a]), and by dissertation ghostwriter kosten negligent operation of is service a motor vehicle (in violation of G.L. c. Dissertation Ghostwriter? 90, § 24[2][a]).

The defendant, who is African-American, appeals upon claims that (1) the trial judge improperly allowed the on causes Commonwealth’s peremptory challenge of the only African-American in dissertation ghostwriter kosten, the venire; (2) the essay bird trial judge improperly admitted evidence of the dissertation defendant’s blood alcohol content and erroneously instructed the jury on essay service to humanity, that evidence; and dissertation ghostwriter, (3) calculated improprieties by the prosecutor and effects fo anger, extraneous influences upon the jury resulted in reversible error. Dissertation Ghostwriter? We reverse. The trial judge did not offer a sufficiently adequate and essay service, contemporaneous explanation of her allowance of the peremptory challenge. Dissertation Kosten? In addition, the judge erroneously admitted evidence of the of unemployment defendant’s blood alcohol content without the requisite expert testimony and dissertation ghostwriter, gave an erroneous jury instruction in relation to that evidence. Procedural background. On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of physical effects fo anger essay a motor vehicle in kosten, violation of G.L. c. 90, § 24(2)(a). On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the influence and essay bird angelou, negligent operation (in violation of G.L. c. 90, § 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth’s motion to amend the June 1 complaint to add an alternate theory of intoxication, a 0.08 percent “per se” violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. Dissertation Kosten? App.

Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on both charges. The trial judge sentenced the defendant to two and one-half years in the house of correction on the motor vehicle homicide charge and a consecutive sentence of essay on caged angelou two years in ghostwriter kosten, the house of correction on the negligent operation charge. In December of 2006, the to humanity is service defendant filed a motion for relief from an unlawful sentence. He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. In January of 2007, the trial judge allowed the motion. Ghostwriter Kosten? The allowance of that motion is not at issue in this appeal.3. Background. The evidence at trial included the following. On November 27, 2003, at approximately 8:30 P.M., the defendant’s jeep and on buying, the victim’s vehicle collided at an intersection in New Bedford. Four people witnessed the collision, and each of them testified at trial.

According to the witnesses, the defendant’s jeep went through a stop sign at a high rate of speed and struck the victim’s vehicle. Ghostwriter? A New Bedford police officer arriving at the scene after the accident saw the defendant pacing back and forth in an agitated manner. The officer spoke to the defendant and did not detect the odor of alcoholic beverages. The officer did not observe any other signs of intoxication, such as a lack of balance. The victim died at the scene from multiple traumatic injuries. Paramedics took the mla format defendant to the nearest hospital for treatment. Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the ghostwriter crash. She analyzed the damage to an essay, the vehicles and dissertation ghostwriter kosten, made numerous measurements of the crash scene.

Based on her investigation, the expert concluded that the essays on buying defendant’s jeep had been traveling at sixty-four miles per hour when it entered the intersection.4. [75 Mass. App. Ct. 646] Soon after the defendant arrived at the hospital, two New Bedford police officers interviewed him.

According to the officers, the defendant was “angry [and] agitated” and his breath smelled of alcoholic beverages. He told the officers that he had consumed “a forty of OE,” a forty-ounce bottle of Olde English brand beer. Both officers testified that the defendant’s demeanor changed when one of the officers notified him of the victim’s death. While at the hospital, the defendant complained of kosten pain in his chest. In response to his complaint, hospital staff drew a blood sample from on caged by maya angelou, him and analyzed it. Dissertation? The doctor who had treated the defendant testified that his blood serum sample had an alcohol reading of 185 milligrams per my family-essay deciliter. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to .16. Discussion. Dissertation Ghostwriter? 1. Peremptory challenge.

Jury selection proceeded over two days. On the first day, the judge called juror to side bar for further questions. The juror told the judge that she was diabetic. The judge assured her that the disease would not be a problem. The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in the jury box in advance of the parties’ challenges.

The next day, the Commonwealth invoked one of its peremptory challenges to my family-essay, exclude juror. Dissertation? The judge noted that juror nineteen was the only African-American in the jury pool from on caged by maya angelou, either day. She asked the Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the juror’s speech and mannerisms indicated that she was slow and might have difficulty in the deliberation of the evidence of a three- or four-day trial; and (2) the prosecutor’s discomfort caused by the juror’s fixed stare at him during empanelment.5 The judge then determined that the dissertation kosten prosecutor’s explanation was not race-based. [75 Mass. App. Ct. 647] Defense counsel asked for the judge’s impression of juror nineteen. The judge stated that the essay on caged by maya juror had “somewhat of a halting speech pattern” and was “not incredibly articulate but … not inarticulate either.” The judge did not, however, “associate [the juror's speech] with slowness mentally.” The prosecutor explained that he believed that juror nineteen’s mental acuity was similar to that of another juror whom the judge had removed for cause. The judge did not agree that juror nineteen suffered from ghostwriter kosten, a similar disability, but she allowed the Commonwealth’s peremptory challenge without further reasoning at an essay mla format, that time.6 Defense counsel objected.

On the following day, before the jury had entered the court room, the judge commented further on the Commonwealth’s peremptory challenge of juror nineteen. She stated that, after the previous day’s discussion, she had consulted decisions on peremptory challenges of. members of protected classes,7 and that she “wanted to put some more … findings on the record.” She recounted that she had requested an explanation for the peremptory challenge, and ghostwriter kosten, she repeated the prosecutor’s explanation. She noted also that the applicable case law requires “a two prong analysis. Service To Humanity? One having to do with the adequacy of the ghostwriter kosten Commonwealth’s position once having been questioned about the reason for the challenge and essays, then the genuineness of ghostwriter that.” Although the prosecutor had not mentioned the essay bird by maya angelou criminal. [75 Mass. App. Ct. 648] history of juror nineteen’s son when he had offered his explanation for the challenge, the judge referred to dissertation ghostwriter kosten, it in essay on caged bird angelou, her findings.8 The judge concluded her findings with the statement that “I find … the Commonwealth’s explanation both adequate and ghostwriter kosten, genuine, which is why I allowed the challenges to stand.” Article 12 of the on caged bird by maya Declaration of Rights of the Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the use of peremptory challenges to dissertation, exclude prospective jurors on essay to god, the basis of race.

See Commonwealth v. Harris, 409 Mass. 461, 464, 567 N.E.2d 899 (1991). “[W]e begin with the presumption that a peremptory challenge is proper.” Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. Dissertation? ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). Essay On Caged Bird By Maya Angelou? However, one may rebut that presumption through proof “that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.” Commonwealth v. Soares, 377 Mass. 461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct.

170, 62 L.Ed.2d 110 (1979). Either the party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the challenge. See Commonwealth v. Maldonado, 439 Mass. 460, 463, 788 N.E.2d 968 (2003). When “the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.” Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the dissertation ghostwriter kosten proponent of the peremptory challenge must provide an explanation which “pertain[s] to the individual qualities of the prospective juror and not to that juror’s group association.” Commonwealth v. Soares, supra at essay bird angelou, 491, 387 N.E.2d 499. If the proponent’s. [75 Mass. App. Ct. Dissertation Ghostwriter? 649] explanation seems superficial, the judge.

should also allow rebuttal from the adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). The judge must then “make an independent evaluation of the [proponent's] reasons and … determine specifically whether the explanation was bona fide or a pretext.” Ibid. “In other words, the judge must decide whether the mla format explanation is both `adequate’ and `genuine.’” Commonwealth v. Dissertation Kosten? Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). “[I]t is effects imperative that the record explicitly contain the judge’s separate findings as to both adequacy and genuineness and, if necessary, an explanation of those findings.” Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968. See Commonwealth v. Dissertation Kosten? Benoit, 452 Mass.

212, 221, 892 N.E.2d 314 (2008). In this case, the trial judge raised the question of the propriety of the physical effects essay peremptory challenge. She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and allowed defense counsel to respond. See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Calderon, supra at 26, 725 N.E.2d 182. The prosecutor explained that he was challenging the juror because he believed her to be “slow” and because she had stared at him in dissertation ghostwriter, a discomforting manner. The judge received defense counsel’s opposing response. She then stated that, although the juror had “a halting speech pattern,” she did not find the juror mentally slow.

However, the physical effects essay judge concluded that the prosecutor had not misused the challenge and allowed it. It was not until the ghostwriter next day that the essay of unemployment in india judge explicitly found the prosecutor’s explanation to ghostwriter kosten, be adequate and genuine. The judge’s own language demonstrates that she recognized generally the two-part standard of adequacy and on causes of unemployment in india, genuineness. However, her ruling falls short of the firm and timely explanation for allowance required by dissertation ghostwriter kosten the line of cases culminating in Commonwealth v. Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the essay on caged by maya angelou challenge because the record does not show a prompt assessment of the adequacy and genuineness of the prosecutor’s explanation of the peremptory challenge. See Commonwealth v. Dissertation Ghostwriter Kosten? Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor’s peremptory challenge where judge.

[75 Mass. Essay To Humanity? App. Ct. 650] requested explanation and then allowed challenge but “did not find that the prosecutor had met her burden of establishing an kosten, adequate, race-neutral explanation that was the genuine reason for on causes of unemployment the challenge”); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant’s right to ghostwriter kosten, trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and physical fo anger essay, genuineness of reason for peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the ghostwriter kosten juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by the same district attorney’s office.9 The judge did not address. the ground of staring.10 She rejected the suspected slowness.

She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon adequacy and genuineness required by the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution’s grounds adequate, i.e., “personal to the juror and essay, not based on dissertation kosten, the juror’s group affiliation” and essay on caged bird angelou, “related to the particular case being tried,” however genuine or bona fide the offer may have been. Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is dissertation ghostwriter kosten demanding. The precedents require reversal of the convictions. 2. Evidence of essay on caged bird blood alcohol content. The Commonwealth. [75 Mass. App. Dissertation? Ct. 651] began trial with two theories of operation under the influence, the per essay on causes of unemployment in india se theory (blood alcohol content of dissertation ghostwriter 0.08 percent or greater) and the impaired operation theory.

At the beginning of the trial, the judge gave preliminary instructions to a home, the jury in ghostwriter kosten, which she explained the nature of the charges against is service the defendant. She made no reference to alternate theories of operation under the influence. During the ghostwriter trial, the Commonwealth introduced evidence of the defendant’s blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and essay by maya angelou, impaired operation. Kosten? During the charge conference, the Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to give an instruction on the per se theory, and the Commonwealth agreed with that proposal. Essay Service To Humanity To God? The judge instructed the jury, in relevant part, as follows: “The law says that if the percentage of alcohol by weight in the defendant’s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an inference that the defendant was under the influence of intoxicating liquor at the time.” For reasons discussed below, the dissertation ghostwriter instruction was erroneous. Essays On Buying A Home? The defendant did not object to the blood test evidence, the prosecutor’s reference to it in ghostwriter, his summation, or the effects fo anger judge’s erroneous instruction. In 2003, the Legislature amended both G.L. c. 90, § 24G, the motor vehicle homicide statute, and G.L. c. 90, § 24(a)(1), the operation under the influence (OUI) statute, to kosten, add the per se theory of intoxication.

St.2003, c. 28, §§ 1, 21, 22. Pursuant to the amendments, the essays on buying Commonwealth may prove intoxication through evidence that the defendant had “a percentage, by dissertation weight, of alcohol in physical effects, [his] blood of eight one-hundredths or greater.” G.L. c. 90, § 24G(a). Prior to the amendments, the statutes allowed the permissible inference of intoxication when the defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Colturi, 448 Mass. 809, 811-812, 864 N.E.2d 498 (2007).

The 2003 amendments eliminated. the permissible inference and dissertation kosten, replaced it with a conclusive inference. See Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in the. [75 Mass. App.

Ct. 652] absence of expert testimony to explain their significance. Id. at physical effects, 817-818, 864 N.E.2d 498. Kosten? The decision states: “If … the Commonwealth were to proceed only on effects essay, a theory of impaired operation [instead of both a per se theory and an impaired operation theory] and offered a breathalyzer test result of .08 or greater, without evidence of its relationship to intoxication or impairment and without the dissertation kosten statutorily permissible inference of intoxication eliminated by my family-essay the 2003 amendments, the jury would be left to guess at ghostwriter, its meaning.” Ibid. As for trials where the Commonwealth relies on quoting an essay, both theories, the ghostwriter kosten decision states further: “[I]f the per se and impaired ability theories of criminal liability are charged in the alternative … and so tried, we see no prejudice in the admission of breathalyzer test results without expert testimony establishing the significance of the a home test level to the degree of intoxication or impairment of the defendant. In such a case, the jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of violating the OUI statute, and if they do not so find, they may still consider whether she violated the statute by operating while under the influence of intoxicating liquor.”

Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to the results of ghostwriter breathalyzer tests. After issuance of Commonwealth v. Essay On Causes In India? Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over the defendant’s objection, admission of the results required reversal. Id. at 664, 885 N.E.2d 164. In this case, the complaint charged both theories. The judge admitted evidence of the defendant’s blood alcohol content without expert testimony to explain its relationship to intoxication. The judge did not instruct the jury on the per se theory. Kosten? Furthermore, the judge erroneously instructed the jury on the permissible inference of intoxication eliminated by the 2003 amendments. See.

[75 Mass. App. Essays On Buying? Ct. 653] Commonwealth v. Ghostwriter? Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at essay to humanity is service to god, 662 n. 2, 885 N.E.2d 164.12 The defendant argues that the ghostwriter kosten erroneous instruction and the admission of the blood test evidence without the essay bird requisite expert testimony require reversal. Since the defendant did not object to the alleged errors, we review for the substantial risk of a miscarriage of dissertation ghostwriter kosten justice. Under that standard, the question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of guilt. Commonwealth v. Alphas, 430 Mass. 8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass.

675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the Commonwealth’s evidence of intoxication was strong. The percipient witnesses testified that the essay of unemployment in india defendant drove through a stop sign at a high speed and hit the victim’s vehicle. A police officer who was at the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of intoxication. The accident reconstruction expert testified that the defendant’s jeep had been traveling at sixty-four miles per hour when it entered the intersection. Kosten? The officers who interviewed the my family-essay defendant at the hospital testified that he was agitated, that his breath smelled of alcoholic beverages, and that he confessed to dissertation ghostwriter kosten, consumption of forty ounces of beer earlier in the evening. However, the on causes of unemployment laboratory supervisor’s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication. Without it, the Commonwealth’s evidence was “strong but not overwhelming.” Commonwealth v. Hubert, 71 Mass.App.Ct. at ghostwriter, 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the defendant’s signs of intoxication differed.

Under the impaired operation theory submitted to the jury, the error may have materially influenced the verdict and therefore created a substantial risk of a miscarriage of on buying justice. See Commonwealth v. Dissertation? Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at of unemployment, 13, 712 N.E.2d 575. [75 Mass. App. Ct. 654] Conclusion.14,15 For the foregoing reasons we reverse the judgments and set aside the verdicts. The case is remanded to the District Court for dissertation kosten a new trial or other proceedings consistent with this opinion.

1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. On Caged By Maya Angelou? c. Ghostwriter Kosten? 90, § 24G(b). After issuance of the June 1 complaint, which charged the defendant with motor vehicle homicide by operation under the influence and by negligent operation (in violation of G.L. c. 90, § 24G[a]), the my family-essay Commonwealth nol prossed the motor vehicle homicide charge from the first complaint. 2. Under G.L. c. 90, § 24G(a), the Commonwealth may use either of two theories to prove operation under the influence: (1) operation “with a percent by weight, of alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the dissertation ghostwriter influence of intoxicating liquor.” G.L. Essay In India? c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. See Commonwealth v. Colturi, 448 Mass. Ghostwriter Kosten? 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass.

1009, 902 N.E.2d 368 (2009). Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory. 3. In April of 2007, after a hearing, the essays on buying a home trial judge allowed the dissertation ghostwriter kosten Commonwealth’s motion to file a late notice of appeal from the grant of the defendant’s motion for relief from an unlawful sentence. The Commonwealth’s appeal has not entered in this court. In its brief, the Commonwealth does not argue the an essay mla format propriety of the grant of the motion. Therefore, we do not address it. 4. She opined also that the defendant’s jeep had struck a vehicle parked on dissertation ghostwriter, the side of the road prior to the collision with the victim’s vehicle.

5. In its entirety, the prosecutor’s explanation was: “Judge, she appears slow to me at side-bar in her speech and bird, mannerisms and while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at the side-bar; and it bothered me. Dissertation Ghostwriter Kosten? But I do find that she’s slow at quoting, side-bar speaking with her, in her speech; and I’m concerned that this is a three or four day trial, a lot of witnesses; and I’m concerned about her ability to try the evidence.” 6. The judge observed that the defendant had adequately preserved the issue for appeal. During the discussion of the challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the ghostwriter kosten previous day, the judge had asked juror fourteen, a white male, some questions at essay to humanity is service, side bar, and the juror had noted the presence of only kosten one African American in the venire. The prosecutor stated that he should not have to explain his use of a peremptory challenge on juror fourteen because the juror was not a member of a protected class. However, he supplied an explanation, and on caged bird by maya angelou, the judge allowed the dissertation ghostwriter challenge. 7. The parties assert that the judge stated that she had read Commonwealth v. Maldonado, 439 Mass. Essay On Causes Of Unemployment? 460, 788 N.E.2d 968 (2003).

However, the transcript reflects that the judge stated that she “look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of dissertation a peremptory challenge being used to essay by maya angelou, exclude members of ghostwriter a [discrete] group….” The reference (jumbled in transcription) most probably was the Maldonado decision. 8. The judge’s reference to the criminal history of juror nineteen’s son was as follows: “I would also add that it was known to all of us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney’s office and apparently came up…. [A]nd I don’t remember the case per se but she spoke about my family-essay, it. It apparently just happened last fall.” The judge went on to say that she understood the Commonwealth’s concern “whether she could perform in a truly objective manner” because her son had experienced the criminal justice process and subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor.

9. As mentioned above, in the next-day review of her reasons for allowance of the peremptory challenge, the dissertation judge referred to essays on buying a home, the experience of juror nineteen’s son in the New Bedford District Court. See note 8, supra. The prosecutor did not refer to the criminal history of the juror’s son as justification for his peremptory challenge. Dissertation Ghostwriter? A judge may not supply her own reasons to justify a prosecutor’s peremptory challenge. See Commonwealth v. Fryar, 414 Mass.

732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S. Physical Essay? 1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). 10.

That explanation had little chance of success. “Challenges based on ghostwriter kosten, subjective data such as a juror’s looks or gestures, or a party’s `gut’ feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for essays discrimination.” Commonwealth v. Ghostwriter? Maldonado, 439 Mass. at 465, 788 N.E.2d 968. 11. Essay? This reasoning does not interfere with the authority of a trial judge spontaneously to identify, establish, and rule upon a ground of disqualification independently of any challenge of dissertation either the Commonwealth or a defendant. 12. The charge conference and instructions to the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the Colturi decision in April 2007; and essay is service, this court the Hubert decision in kosten, May 2008.

Therefore the judge and an essay, trial counsel did not have the benefit of those interpretations of the 2003 amendments. 13. Dissertation Ghostwriter Kosten? In Commonwealth v. Hubert, supra at essays, 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the standard of review was the presence of prejudicial error. Dissertation Kosten? Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to require reversal. 14.

As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by the prosecutor require reversal. The extraneous influences were (1) a shout by the victim’s mother at bird by maya angelou, the defendant as the dissertation jurors left the courtroom on the first day of trial, and (2) the presence of a makeshift memorial to essays on buying, the victim at the accident scene during the kosten jury’s view of the effects essay site. The claim of calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had “killed” the dissertation ghostwriter victim. The defendant asserts that the physical effects fo anger essay prosecutor intended that the officers testify in this manner, in violation of the judge’s decision on a motion in limine. No evidence supports the view that the dissertation kosten mother’s outburst or the bird by maya accident site memorial overcame the judge’s instructions for dissertation ghostwriter kosten a verdict based strictly on my family-essay, the evidence. Dissertation Ghostwriter? The claim related to the officers’ use of the word “killed” fails also, because the my family-essay judge gave immediate curative instructions. 15. The defendant presented no issue of a denial of the right to confrontation guaranteed by the Sixth Amendment to the United States Constitution by reason of the admission of the kosten blood alcohol test result.

The rule of Melendez-Diaz v. Quoting? Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal. Massachusetts OUI Case – Defendnat admitted to the officer that his driver’s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. Gerald W. GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009.

Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED. Andrew S. Robinson, Asst. Dist. Atty. (orally), Franklin County DA’s Office, Farmington, ME, for the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Gilman.

Panel SAUFLEY, C.J., and dissertation ghostwriter kosten, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the on caged bird by maya court imposed on Gerald W. Gilman following his conviction at a bench trial for dissertation ghostwriter operating after habitual offender revocation (Class C), 29-A M.R.S. My Family-essay? ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a). The State contends that the court imposed an illegal sentence when it sentenced Gilman to ghostwriter kosten, less than the minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that “all penalties and essay, punishments shall be proportioned to the offense.” Me. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to violating article I, section 9 of the ghostwriter kosten Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. court erred in admitting a certified record from the Secretary of of unemployment in india State declaring him to ghostwriter kosten, be a habitual offender, because doing so violated his constitutional right to by maya, confront witnesses against him as articulated in Crawford v. Washington, 541 U.S.

36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and its progeny. ? 3 The State’s appeal is accompanied by the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and M.R.App. P. Kosten? 21(b). Because we agree with the my family-essay State’s contention that the sentence imposed on Gilman was illegal, and find no violation of ghostwriter kosten Gilman’s constitutional rights, we vacate only the a home sentence and remand for resentencing. ? 4 The facts are not in dispute.

On April 11, 2007, Gerald Gilman was stopped for ghostwriter speeding in the Town of New Sharon, three miles from his home. He had not been drinking. Gilman, a member of the local Elks Club, was returning from the club’s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to essays on buying, the officer that his driver’s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman’s license had been revoked as a result of multiple previous convictions, which included three convictions for OUI within the previous ten years. Kosten? A certified record from the Secretary of State, admitted at trial over Gilman’s objection, showed that he had been given proper notice of the revocation. ? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of his three OUI convictions within the previous ten years. An Essay? 29-A M.R.S. Kosten? ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is popularly known as “Tina’s Law,” provides that in my family-essay, that circumstance “the minimum fine . . . is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court.” 29-A M.R.S. ? 2557-A(2)(D); P.L.

2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dissertation, dismiss the allegation of the aggravating factor of his prior OUI convictions as a violation of his equal protection guarantees. On Buying A Home? Dismissal of the allegation would have reduced the charge to a Class D crime. See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for OUI. The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by the admission of a certificate issued by the Secretary of State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the ghostwriter kosten revocation, and (3) his driving record included three OUI convictions within the previous ten years.

The court (Murphy, J.) overruled the objection, denied Gilman’s motion for a judgment of acquittal, and took the ultimate issue of whether the physical fo anger essay State had met its burden of proof under advisement. Dissertation? Gilman then filed a written. argument asking the essays on buying court to revisit its earlier rejection of his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the ghostwriter Maine Constitution. The court heard argument and mla format, took the dissertation ghostwriter issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the court’s reasoning on the Confrontation Clause issue and again denied Gilman’s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of bird by maya angelou a Class C offense constituted a due process violation because the dissertation kosten State did not individually notify him that “Tina’s Law” increased the essay to humanity penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman’s due process claim and denied it. It then heard testimony relevant to the disproportionate punishment issue and dissertation ghostwriter kosten, sentencing from four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilman’s sister, and Gilman himself.

At the conclusion of the my family-essay hearing, the court took the dissertation kosten disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the essays on buying a home court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Mr. Gilman, as well as the manner in dissertation ghostwriter, which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in essay of unemployment in india, his claim that the dissertation mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr.

Gilman. ? 11 At a final hearing on December 11, the court conducted the my family-essay statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of community service, and a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). Dissertation Ghostwriter Kosten? The State orally moved the quoting court to correct what it viewed as an illegal sentence pursuant to M.R.Crim. P. Dissertation Ghostwriter? 35(a);4 the motion was denied orally and later in a written order. This appeal and cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of is service to god rights enjoyed by Maine citizens. Section 9 sets limits on the State’s power to punish: “Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.” Me. Const. Ghostwriter? art.

I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an unsuspended prison sentence of at least two years. 29-A M.R.S. ? 2557-A(2)(D). Accordingly, the court’s lesser sentence was facially illegal unless the court was correct in its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the circumstances of the particular offender, not simply proportionate to the offense itself, and my family-essay, (2) because of Gilman’s individual circumstances, the mandatory sentence was disproportionate to his offense, and therefore the statute is unconstitutional in dissertation, this instance.5 Gilman’s burden is effects fo anger significant, as “one challenging the constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Legislature are presumed constitutional.” State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). We review de novo whether he met that burden through a showing of “strong and convincing reasons.” Town of dissertation ghostwriter kosten Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the offense, has been an quoting mla format, open question. In discussing a closely related provision of section 9, we left it unanswered:

Assuming, without deciding, that it may be possible in rare cases that a mandatory minimum sentence is ghostwriter kosten cruel and unusual because of the characteristics of the individual or because of the manner in which the sentence is carried out, there was not enough information in this case for the trial court to reach that conclusion. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to answer the essays question left open in Worthley. For several reasons, we conclude that (1) section 9 requires only that a punishment be proportionate to dissertation, the offense for quoting an essay which a person is convicted, (2) the two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by the trial court was therefore illegal and. must be vacated. Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendant’s particular circumstances, we now hold that it is not possible. ? 16 The plain language of section 9 requires that “punishments shall be proportioned to the offense.” Me. Const. art. I, ? 9 (emphasis added).

It says nothing about the individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used. Because the same principles employed in the construction of statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the language is unambiguous. Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is unambiguous, and therefore we give it its plain meaning.

See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that “it is a fundamental rule of statutory interpretation that words in dissertation kosten, a statute must be given their plain and essay on caged bird by maya, ordinary meanings” (alteration in original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. In each case where a minimum mandatory punishment imposed by the Legislature has been challenged as disproportionate or cruel and unusual under section 9, we have rejected the ghostwriter challenge after considering the defendant’s conduct.7 Only in Worthley did we refer to quoting, the characteristics of the individual offender, and then only to point out that we were not required in that case to decide whether individual characteristics could ever be a factor in the proportionality analysis. Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on dissertation kosten, consideration of a particular offense or category of essay offender,8 but has not. required an kosten, individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. On Buying? Michigan, 501 U.S. 957, 996, 111 S.Ct.

2680, 115 L.Ed.2d 836 (1991) (“We have drawn the line of required individualized sentencing at capital cases, and see no basis for extending it further.”). Regarding the Federal Constitution, the First Circuit Court of dissertation ghostwriter Appeals noted: There is no constitutional right, in on buying a home, non-capital cases, to dissertation kosten, individualized sentencing. Essay By Maya Angelou? Legislatures are free to dissertation ghostwriter kosten, provide for mandatory sentences for particular offenses.. . . To Humanity? The mere fact that a sentence is mandatory and dissertation ghostwriter kosten, severe does not make it cruel and unusual within the meaning of the essays on buying a home Eighth Amendment. United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is further supported by dissertation our cases holding that the Legislature has the power to enact mandatory sentences.

See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in those decisions is a recognition that the Legislature may lawfully choose to remove a sentencing court’s discretion when it determines it is appropriate to do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the on buying a home language of section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature’s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant’s individual circumstances in finding that a mandatory sentence is disproportionate as applied to dissertation ghostwriter, that person is simply reinstatement by judicial declaration of a sentencing court’s ordinary discretion to weigh mitigating factors, and then impose a maximum sentence that is lower than the basic sentence. See 17-A M.R.S. ? 1252-C(2). A court would then always have the sentencing discretion that the Legislature intended to remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in a particular case. We do not read article I, section 9 to render the Legislature’s authority to essays a home, enact mandatory sentences a nullity.10. ? 21 Because we hold that the clause, “all penalties and punishments shall be proportioned to dissertation ghostwriter, the offense,” means what its plain language says, and does not require consideration of the individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to physical essay, the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court “always has the power and duty to dissertation ghostwriter, uphold the an essay State and Federal Constitutions,” and will “protect the individual from an unconstitutional invasion of his rights by the legislative . . . branch of government.” Dep’t of Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted).

Nevertheless, we recognize the primacy of the Legislature as “the voice of the sovereign people” in the area of dissertation kosten crime and punishment: The fixing of an adequate criminal penalty is properly and legitimately a matter of legislative concern. It is not the office of the judiciary to interpose constitutional limitations where none need be found. Of course a mandatory sentence of great severity may at essay, some point lose its rational relation to a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of constitutional dimensions. It seems to us that the interest of the legislature is paramount in the field of dissertation penology and the public safety. The legislature defines the my family-essay contours of the crime itself, and sets the limits for punishment. . . Kosten? . The underlying structure of the penal system is an essay statutory; the coherence of the system is to be found in legislative direction.

State v. Dissertation Ghostwriter Kosten? King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (“The power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the essay service to humanity is service to god court, which is to define a crime and ordain its punishment.” (quotation marks omitted)). ? 23 We have described the test for dissertation determining when a sentence is essay on caged bird by maya angelou cruel and unusual as whether it “is greatly disproportionate. . . and whether it offends prevailing notions of decency,” Worthley, 2003 ME 14, ? 6, 815 A.2d at dissertation ghostwriter kosten, 376; whether it “shocks the conscience of the public, or our own respective or collective sense of fairness,” State v. Physical Fo Anger Essay? Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is “inhuman or barbarous,” State v. Heald, 307 A.2d 188, 192 (Me.1973). Kosten? Because the Legislature is “the voice of the bird angelou sovereign people,” King, 330 A.2d at 127, and thus expresses the dissertation kosten people’s will, only the most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the people of Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the Legislature is the collective judgment of the people. ? 24 Gilman was convicted of essay to humanity is service a Class C crime, punishable by dissertation a maximum of five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of essay on causes of unemployment in india two years, or forty percent of the maximum. 29-A M.R.S. ? 2557-A(2XD).

It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to dissertation, endanger others by operating a motor vehicle while impaired, from continuing to drive under any circumstances. A mandated sentence for that conduct on the lower end of the essay angelou zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the ghostwriter proportionality requirement of article I, section 9. C. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for effects essay speeding, the Legislature had no rational basis for increasing his sentence for operating after revocation because of his prior OUI convictions. He acknowledges that in order to reach the result he seeks, we would be required to overrule our decision in State v. Chapin, where the same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by drunk drivers was “certainly strong enough” to justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of ghostwriter prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the minimum statutory penalties for quoting operating after revocationM had increased with the kosten enactment of 29-A M.R.S. ? 2557-A.

See P.L. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 28 In Stade, we held that a defendant’s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to the defendant’s detriment. 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to drive and thus knowingly violated the law. The Legislature changed the statute, the Governor signed it into law, and Gilman is presumed to know what the law is. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911). Contrary to Gilman’s argument, due process did not require that he be individually notified of the change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the quoting mla format law.

Moreover, the law in effect at the time of ghostwriter his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12. E. Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the my family-essay witnesses against him was violated when the kosten Superior Court admitted, over his objection, a certified record from the Secretary of State stating that his privilege to essay by maya angelou, operate had been revoked, that he had received proper notice of the revocation, and that he had three OUI convictions within the preceding ten years. As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of State certification did not offend the Confrontation Clause because “the certification served only to kosten, confirm the quoting authenticity of the underlying records of the Violations Bureau, which themselves contain only routine, nontestimonial information.” 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Court’s decision in Melendez-Diaz v. Dissertation Ghostwriter? Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009).

In Melendez-Diaz, the Court held that the admission of a chemist’s certificate stating that an essay on caged by maya, analyzed substance was cocaine violated the dissertation kosten Sixth Amendment, because although “documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . . An Essay? that is not the case if the regularly conducted business activity is the production of evidence for use at dissertation, trial.” Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and essays a home, concluded that Tayman remains good law. State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and consequently Gilman’s argument fails. Judgment of conviction affirmed.

Sentence vacated; remanded to the Superior Court for dissertation ghostwriter resentencing. 1 The statute provided: D. A person is guilty of a Class C crime if the essay bird by maya angelou person commits the crime of operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the kosten previous 10 years. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by my family-essay the court. 29-A M.R.S. Dissertation Kosten? ? 2557-A(2)(D) (2008). My Family-essay? The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch.

54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and equal protection claims are grounded in the United States or Maine Constitutions. In any event, those protections are coextensive. See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases). 3 The statute has since been amended, though not in any way that affects this case. P.L.

2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)). 4 The Rule provides: “On motion of the . . . Ghostwriter? attorney for essays the state . . . Ghostwriter Kosten? made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.” M.R.Crim. P. 35(a). 5 At oral argument, Gilman suggested that the minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to the sentences imposed by the Legislature for other crimes. My Family-essay? We find no support for his contention that we must place crimes and penalties on dissertation ghostwriter, a continuum before deciding whether a particular penalty is constitutional, and we do not address this argument further.

6 Although the Maine Constitution, unlike the United States Constitution, delineates the protections against service to humanity is service to god disproportionate punishments and cruel or unusual punishments separately, both the Supreme Court and this Court have understood them to be related. See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (“The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . . . The Eighth Amendment’s protection . . . flows from the basic precept of justice that punishment for a crime should be graduated and proportioned to the offense.” (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (“In analyzing whether a sentence is cruel and unusual as applied, we look to dissertation kosten, whether the sentence is greatly disproportionate to the offense and whether it offends prevailing notions of decency.”); State v. Frye, 390 A.2d 520, 521 (Me. Essay Service To Humanity Is Service To God? 1978) (“A mandatory sentence is not cruel and unusual punishment unless the sentence is greatly disproportionate to the offense or the punishment offends prevailing notions of decency”); Tinkle, The Maine State Constitution: A Reference Guide (1992) at 43 (“The interpretation of `cruel or unusual punishment’ also is informed by the requirement of proportionality.”). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to the crime); State v. Frye, 390 A.2d 520, 521 (Me. Dissertation Ghostwriter? 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to my family-essay, the offense); State v. Briggs, 388 A.2d 507, 508 (Me.

1978) (holding mandatory $500 fine for night hunting not excessive); State v. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of dissertation kosten lobsters in particular case irrelevant); c.f. State v. Alexander, 257 A.2d 778, 783 (Me. Angelou? 1969) (holding five-day sentence imposed by court in its discretion for contemptuous “reprehensible conduct” not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. Ghostwriter Kosten? 2641, 171 L.Ed.2d at 540 (holding death penalty for non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S. 551, 568, 125 S.Ct.

1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to life for essay service to humanity to god stealing three golf clubs under “three strikes” law not grossly disproportionate and therefore not cruel and unusual); Atkins v. Dissertation Ghostwriter Kosten? Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. Essay On Caged Angelou? Michigan, 501 U.S.

957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for possessing 672 grams of cocaine not cruel and unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to dissertation kosten, arrive at bird by maya angelou, a maximum sentence that may be higher or lower than the basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at dissertation, a final sentence. 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Maine Constitution gives the in india Governor the equitable power to dissertation, “grant reprieves, commutations and pardons” in essays, individual cases.

Me. Const. Dissertation Ghostwriter Kosten? art. V, pt. 1, ? 11. 11 Discussing what would qualify as disproportionate under the essay Eighth Amendment, the dissertation ghostwriter kosten Supreme Court used the hypothetical example of “a legislature making overtime parking a felony punishable by life imprisonment.” Ewing, 538 U.S. at 21, 123 S.Ct. Essays On Buying A Home? 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and kosten, replaced by P.L.

2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). The indictment against service to humanity is service to god Gilman alleged that his most recent OUI conviction occurred on October 14, 2005. Gautier’s conviction for being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. 590 F.Supp.2d 214. UNITED STATES of kosten America,

Eddie GAUTIER, Defendant. Criminal No. 06cr0036-NG. United States District Court, D. Massachusetts. December 23, 2008. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. Oscar Cruz, Jr., Timothy G. Watkins, Federal Defender’s Office District of Massachusetts, Boston, MA, for Eddie Gautier. William D. Weinreb, United States Attorney’s Office, John A. Wortmann, Jr., United States Attorney’s Office, Boston, MA, for United States of America. GERTNER, District Judge:

TABLE OF CONTENTS. A. Whether Gautier’s 2001 Crime of quoting Resisting Arrest under Mass. Gen. 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent. 2. Whether the Crime Defined by Prong (2) of dissertation § 32B Is a Violent. B. Whether the 1998 Juvenile Offenses Were Committed on Different. 2. Whether the Inquiry Is Limited, to Shepard-approved Source.

Three years ago, Boston police found a badly rusted gun and ammunition in the pocket of defendant Eddie Gautier (“Gautier”) one night in Roxbury. The offense stemmed from a night of drunken carousing; the quoting mla format gun was completely inoperable.1 Though he was originally arrested by dissertation ghostwriter state officers, possession of an inoperable gun did not constitute a crime under state law. The federal government took up the case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. § 922(g)(1), because of his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and a resisting arrest charge from 2001, when he was 20. Physical Fo Anger? (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the government wanted more punishment for Gautier. It contended that these convictions compelled the dissertation application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (“ACCA”). See § 924(e) (applying the penalty to effects essay, defendants with at ghostwriter kosten, least three previous convictions for violent felonies committed on essay on caged bird by maya, separate occasions).

I disagree. In passing the ACCA, “Congress focused its efforts on career offenders— those who commit a large number of fairly serious crimes as their means of livelihood, and who, because they possess weapons, present at least a potential threat of harm to persons.” Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier’s criminal history consists of dissertation kosten six episodes over ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting.

After two rounds of briefing and two sentencing hearings, I found that Gautier is not an armed career criminal under the terms of the statute. Quoting? First, his resisting arrest conviction does not constitute a “violent felony” within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were “committed on occasions different from dissertation ghostwriter, one another” as the statute requires. As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Accordingly, I sentenced Gautier to 57 months’ incarceration, in effect the Guideline felon in on causes of unemployment in india, possession sentence, and three years’ supervised release, with a number of special requirements. Ghostwriter? This memorandum reflects the factual and legal bases for that sentence. On the quoting mla format night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to dissertation kosten, visit his mother. He decided to meet four friends who were out celebrating two of their birthdays. About 10:30 p.m., two Boston police officers patrolling the bird by maya angelou Archdale Housing Project in an unmarked police car approached the group.

One of Gautier’s friends, Salome Cabrera, peered into dissertation kosten, the vehicle and on causes, made movements toward his waistband. The officers exited the car, badges displayed, and walked to Cabrera. Cabrera then allegedly shouted “get the burner” (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier’s jacket pocket. An examination later revealed that the gun was completely inoperable.3.

Gautier was transferred to federal custody on February 8, 2006, and dissertation kosten, indicted on February 15, 2006, on one count of felon in essay service to god, possession of a firearm and dissertation ghostwriter, one count of felon in possession of ammunition, both pursuant to an essay, 18 U.S.C. § 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and police investigators, admitted to possessing the gun, and divulged where it had come from. Indeed, according to his counsel, the kosten defendant repeatedly offered to plead guilty to the charge, but was advised against it because of the possibility of an ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (“PSR”). When the pre-plea PSR concluded that an ACCA enhancement was required, the defendant felt obliged to go to trial. My Family-essay? At trial, he fully admitted that he possessed a firearm and ghostwriter, that he had a prior felony conviction. An Essay Mla Format? His defense was that he had picked up the dissertation gun and held it momentarily, to keep it from my family-essay, a group of younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on July 18, 2008. Ghostwriter? He has been incarcerated since his arrest on January 6, 2006. At the essay of unemployment first sentencing hearing on October 15, I asked the government to brief whether resisting arrest qualifies as an ACCA predicate, an issue raised in the defendant’s objections to the presentence report.

On that date, I also raised sua sponte the dissertation ghostwriter issue of whether the juvenile. offenses Gautier committed in 1998 were clearly separate predicates. At the final sentencing hearing on essays on buying, December 15, 2008, after reviewing the parties’ submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. Gautier’s conviction for being a felon in dissertation, possession of a firearm pursuant to my family-essay, 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the kosten Armed Career Criminal Act. That statute provides: In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for essay on caged angelou a violent felony or a serious drug offense, or both, committed on occasions different from dissertation kosten, one another, such person shall be fined under this title and imprisoned not less than fifteen years…. 18 U.S.C. Of Unemployment? § 924(e)(1). Gautier’s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the sentencing enhancement: First, Gautier’s conviction for resisting arrest may not be a “violent felony” under the dissertation ghostwriter ACCA. Second, the government may have difficulty establishing, on the basis of source material deemed appropriate by fo anger essay the Supreme Court, that the 1998 offenses were “committed on occasions different from one another.” A. Whether Gautier’s 2001 Crime of Resisting Arrest under Mass.

Gen. Laws Ch. 268, § 32B Is a Violent Felony. The ACCA defines “violent felony” as any crime punishable for a term exceeding one year that “(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. Ghostwriter? § 924(e)(2)(B). Courts are obliged to apply a categorical approach to an essay mla format, determining whether a criminal offense is a violent felony; that is, they look to the statutory definition of the prior offense and not to the facts underlying the conviction. See Taylor, 495 U.S. at 600, 602, 110 S.Ct. 2143. Put simply, the issue is ghostwriter what the defendant was convicted of, or what he pled to, or what he admitted in my family-essay, the sentencing proceeding, not what he actually did. United States v. Dissertation Ghostwriter Kosten? Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is involved. as with the ACCA, the case law expressly cautions courts against engaging in a post hoc archeological dig of prior convictions to determine what really happened.

Problems of interpretation arise when a state statute on which the predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and nonviolent felonies, which do not. In such a case, while the sentencing judge “may not hold a minitrial on the particular facts underlying the prior offense,” see United States v. Essay Of Unemployment? Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may “peek beneath the coverlet” of the formal language to ascertain whether the conviction was for ghostwriter kosten a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994). The question, now unequivocally answered by the Supreme Court in Shepard v. My Family-essay? United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), is how far that “peek” can go.

“Not very far, is the answer.” United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at 142-46.) If the defendant was convicted after a trial, the court is permitted to consider what the jury instructions suggested about the verdict. Dissertation? When a defendant’s conviction resulted from essay, a guilty plea rather than trial, those sources include the dissertation kosten charging document, the essays on buying plea agreement, a transcript of the plea colloquy, any facts confirmed by the defendant at sentencing, and any comparable judicial record. See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Finally, if the relevant facts contained in dissertation kosten, the PSR are uncontested, the court may consider these as further admissions by the defendant. See Dueno, 171 F.3d at an essay, 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in the record of Gautier’s 2002 plea to dissertation kosten, the charge establishes that the plea was to essays on buying, the violent version of the felony. Dissertation Ghostwriter? Under the Massachusetts statute, a person is guilty of the on buying a home offense if he knowingly prevents or attempts to prevent an dissertation, officer from effecting an arrest by “(1) using or threatening to use physical force or violence against the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.” Mass.

Gen. Laws ch. 268, § 32B(a). On Causes In India? The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it “has as an element the use, attempted use, or threatened use of physical force against the person of another.” 18 U.S.C. Kosten? § 924(e)(2)(B)(i); see Gov’t Sent. Mem. 3 (document # 62). Essay Service To Humanity Is Service? Prong (2) of the resisting arrest statute, however, does not.

Importantly, there exists no tape or transcript of Gautier’s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the police report of the dissertation kosten offense, Gautier did not adopt the facts as true. Rather, he interposed a Shepard challenge to essay by maya, any “peek” at the underlying facts not comprised by the plea colloquy. Accordingly, as in Shepard, the criminal complaint to ghostwriter, which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and provides its full statutory definition.5 As there is no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and as the. statute is structured in essay in india, the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot. 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in the ACCA. That is, the language “using any other means which creates a substantial risk of causing bodily injury to dissertation kosten, such police officer or another,” Mass Gen.

Laws. ch. Essay On Caged By Maya Angelou? 268, § 32B(a), does not explicitly “ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another,” 18 U.S.C. § 924(e)(2)(B)(i). Ghostwriter Kosten? Moreover, the fact that the Prong (1) definition of resisting arrest does contain such an element, coupled with Prong (2)’s specification of resistance by “other means,” suggests that Prong (2) does not involve such an element by implication, either. 2. Whether the Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for essays the armed career criminal mandatory minimum, it must do so under the second definition provided by the ACCA.

Since resisting arrest is obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the use of kosten explosives—the inquiry focuses on what has been called the residual clause of the ACCA statute. See James v. United States, 550 U.S. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007). The issue is whether resisting arrest “using any other means which creates a substantial risk of causing bodily injury to my family-essay, such police officer or another,” in the language of the Massachusetts statute, Mass. Ghostwriter Kosten? Gen.

Laws. ch. 268, § 32B, “involves conduct that presents a serious potential risk of my family-essay physical injury to another,” in the language of the ghostwriter kosten ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the question seems to by maya, answer itself, but the Supreme Court has required more than a textual comparison of the criminal statute and the ACCA under the residual clause. In Begay v. United States, ___ U.S. ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a “violent felony” under the ghostwriter kosten residual provision of physical fo anger § 924(e)(2)(B)(ii). Where the offense in question is not one of those enumerated in the statute, a court must determine not only (1) whether that offense “involves conduct that presents a serious risk of physical injury to another,” but also (2) whether the crime is “roughly similar, in ghostwriter, kind as well as in degree of service is service risk posed, to the” enumerated offenses.

Id. at 1585. The latter step is critical here. It requires a court to decide whether the offense in question typically involves “purposeful, violent, and kosten, aggressive behavior”—the defining feature of the enumerated offenses. The Court based the Begay test on the text of the ACCA, its legislative history, and its underlying purpose. As to text, the court noted that the presence of the enumerated offenses of burglary, arson, extortion and crimes involving explosives “indicates that the statute covers only on causes similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.’” Id.

Had Congress intended the statute to cover all crimes creating serious risk of injury, it would have omitted the examples. As to history, the dissertation kosten Court noted that in 1986 “Congress rejected a broad proposal that would have covered every [such] offense.” Id. at 1586. Finally, the effects Court noted that this interpretation served the ACCA’s purpose of “punish[ing] only ghostwriter kosten a particular subset of offender, namely career criminals.” Id. at 1588: The listed crimes all typically involve purposeful, “violent,” and “aggressive” conduct…. That conduct is such that it makes [it] more likely that an essay by maya, offender, later possessing a gun, will use that gun deliberately to harm a victim…. Kosten? Were we to read the statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels “armed career criminals.” Id. at 1586-87 (citations omitted).

In Begay, the Court assumed without deciding that drunk driving involves conduct that “presents a serious potential risk of physical injury to another.” Id. at 1584. Even so, it held under the second step of the analysis that a conviction for driving under the influence (“DUI”) falls outside the scope of the residual clause because “[i]t is simply too unlike the provision’s listed examples for on caged angelou us to believe that Congress intended the provision to dissertation, cover it.” Id. at 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze “every conceivable factual offense covered by a statute,” but rather should consider “the ordinary case” of the offense. James, 127 S.Ct. at 1597. In the words of the First Circuit, I must evaluate the degree of risk posed by “the mine-run of conduct that falls within the heartland of the statute.” United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of being a felon in my family-essay, possession of a firearm is not a violent felony under the kosten ACCA because risk of physical harm does not “often accompany[] the conduct that normally constitutes” the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court’s understanding that it had to consider “what’s the typical, usual type of conduct” constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is a crime of violence “if and only if a serious potential risk of physical injury to another is a `normal, usual, or customary concomitant’ of the predicate offense”); Winter, 22 F.3d at 20 (“A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of possibilities girdled by that language; instead, a categorical approach is concerned with the usual type of conduct that the statute purports to essays a home, proscribe.”). To determine the dissertation kosten mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the of unemployment in india statute.

In Commonwealth v. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant’s stiffening his arms and pulling one away for dissertation kosten a second to avoid being handcuffed constituted resisting arrest by quoting an essay a “means which creates a substantial risk of causing bodily injury” to the officers involved. Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition. Commonwealth v. Kosten? Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008).

These cases indicate that while Prong (1) of the resisting arrest statute covers the actual or threatened use of force, the mine-run of conduct criminalized by Prong (2) involves a lesser version of “active, physical refusal to submit to the authority of the arresting officers”: paradigmatically, the stiffening of one’s arms to resist handcuffing. Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the first prong of the Begay analysis, I must determine whether the Prong (2) definition of resisting arrest “presents a serious potential risk of physical injury to another.” Stiffening one’s arms to prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and essays on buying a home, sometimes does not present a serious risk of injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the test. See United States v. Urbano, No.

07-10160-01-MLB, 2008 WL 1995074, at *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a “violent felony” for ACCA purposes) (“While an individual can, and often does, cause serious personal injury or death while attempting to flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.”). In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling one’s arm free, is “[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at the moment [the defendant] freed his arm.” 433 Mass. at 145, 741 N.E.2d 25. Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to another, that form of resisting arrest cannot fulfill the second part of the Begay test. Dissertation Ghostwriter Kosten? The crime is not “roughly similar, in kind as well as in degree of risk posed, to the” enumerated offenses. Begay, 128 S.Ct. at 1585. First, looking to the degree of risk: Even if the my family-essay Grandison court is correct that stiffening one’s arms and pulling away present a serious risk of harm to another, the degree of dissertation kosten that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. Bird By Maya Angelou? The Supreme Court has explained that burglary presents a high risk of violence due to “the possibility of a face-to-face confrontation between the burglar and a third party … who comes to investigate.” James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the “powder keg” rationale).

The element of surprise that spooks a burglar into personal violence is not present where police are already in the process of arresting a suspect.8 It is. measurably less likely that injury will result from the stiffening of one’s arms than that it will result from a burglary, the setting of a structure on fire, unlawfully demanding property or services through threat of harm, or the detonation of explosive devices.9. Second, looking to the “in kind” test, whether Prong (2) resistance is dissertation ghostwriter similar in essays on buying a home, kind to the enumerated offenses: This inquiry requires me to determine whether the offense involves “purposeful, violent, and aggressive behavior.” In Begay, the dissertation Court held that drunk driving does not fulfill the test because the offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses. 128 S.Ct. at 1586-87 (“[S]tatutes that forbid driving under the influence … criminaliz[e] conduct in respect to which the quoting an essay mla format offender need not have had any criminal intent at all.”); see also United States v. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of violence because it is not intentional). Dissertation? But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall “neither within the safe harbor of offenses with limited scienter requirements and uncertain consequences (like DUI …), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.” Id. at 7 (citation omitted). Prong (2) resistance is such a crime. The First Circuit recently explained that “all three types of essay bird conduct—i.e., purposeful, violent and aggressive—are necessary for a predicate crime to qualify as a `violent felony’ under ACCA.” United States v. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). The court also provided more precise meanings for those characteristics. It explained:

The Supreme Court … use[d] “purposeful” interchangeably with “intentional.” [Begay, 128 S.Ct.] at dissertation ghostwriter kosten, 1587-88. Perhaps because it is common sense that a DUI is not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. Essays On Buying? We note, therefore, that aggressive may be defined as “tending toward or exhibiting aggression,” which in turn is defined as “a forceful action or procedure (as an unprovoked attack) esp. when intended to dominate or master.” Merriam-Webster’s Collegiate Dictionary 24 (11th ed. 2003). Ghostwriter? Violence may be defined as “marked by extreme force or sudden intense activity.” Id. at an essay, 58.

Applying these definitions, the court held that a conviction under a Wisconsin statute for ghostwriter homicide by negligent operation of a motor vehicle was not a “crime of violence” under the career offender sentencing guidelines.10 Id. at 59. While the offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to essay of unemployment in india, be similar “in kind” to the enumerated offenses. Id. A similar conclusion obtains here. To be sure, the Prong (2) form of resisting arrest is purposeful in that a defendant who stiffens or pulls away his arm certainly intends to do so (though he may not intend to expose others to risk of injury). Dissertation Ghostwriter Kosten? It is differently purposeful, however, from the essay of unemployment interstate transport of a minor for prostitution, which the dissertation ghostwriter kosten First Circuit held in Williams constituted a “crime of violence” under the career offender provision of the sentencing guidelines.

529 F.3d at 7-8. A defendant who prostitutes minors “is aware of the risks that the prostituted minor will face” and the risk of a home harm is “easily foreseen by the defendant,” id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Moreover, Prong (2) resistance cannot be said to kosten, approach the aggression or violence of the enumerated offenses. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct. Essays? 2143 (noting that Congress considered burglary “one of the ghostwriter kosten `most damaging crimes to society’ because it involves ‘invasion of [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and valued possessions’” (quoting H.R.Rep. To Humanity? No. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is not characterized by the force or domination impulse that the First Circuit has held defines aggression, and dissertation ghostwriter kosten, it lacks the extreme force and sudden intenseness required by essay is service to god the court’s definition of violence. See Herrick, 545 F.3d at 60.

Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause. See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Dissertation Ghostwriter Kosten? Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and essay to humanity is service to god, battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Dissertation Ghostwriter Kosten? Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. On Caged Bird By Maya Angelou? Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of dissertation another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. United States, 2004 WL 1571643 (D.Me. On Buying A Home? Apr. Dissertation Kosten? 30, 2004) (breaking and entering a commercial building); United States v. Essay On Caged Bird By Maya? Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a person over 14 years old). And those cases predated Begay, when the standard for finding an offense to be a “violent felony” was easier to satisfy. In light of the difference in aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the “`way or manner’ in which it produces” risk of dissertation ghostwriter injury. Begay, 128 S.Ct. at 1586.

To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay. “charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.” Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the government’s contention that a prior conviction under the essay of unemployment in india Massachusetts resisting arrest statute constituted a “crime of violence” under the dissertation ghostwriter kosten career offender guidelines. United States v. Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. My Family-essay? Jun.

24, 2008) (sentencing defendant without written opinion to twenty-four months imprisonment for dissertation kosten conviction under 18 U.S.C. § 922(g)). Quoting? In another post-Begay case on resisting arrest, the U.S. District Court for the District of Kansas held that the crime of fleeing and eluding an ghostwriter kosten, officer is not a crime of violence because “the statute also charges behavior which would arguably not cause serious personal injury” and because resisting arrest “is not similar to the listed crimes set forth” in § 924(e)(2)(B)(ii). Urbano, 2008 WL 1995074, at *2. Importantly, the district court so held despite the my family-essay existence of a 2005 precedent concluding that the resisting arrest was a crime of dissertation violence. The court explained its about-face as required by Begay. Id. at *2.

In light of the Supreme Court’s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is not a “violent felony” under the ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of one’s arms, not the application of force to physical effects fo anger essay, another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in degree of risk or in kind. The state court criminal complaint charges Gautier with the ghostwriter full definition of resisting arrest. Because the government cannot establish that he pleaded to Prong (1) rather than to Prong (2)—as it must— it cannot look to this conviction for a qualifying violent felony. Service Is Service To God? Gautier has at most two statutory predicates—too few to trigger the fifteen-year mandatory minimum. B. Whether the 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. That Gautier’s resisting arrest conviction is dissertation ghostwriter not a violent felony is enough to essays a home, preclude the ghostwriter application of the ACCA enhancement. In the my family-essay alternative, I find the enhancement is dissertation ghostwriter also flawed for a second reason: his 1998 juvenile offenses were not “committed on occasions different from one another” as required to effects fo anger essay, constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1).

The First Circuit has held that “the `occasions’ inquiry requires a case-by-case examination of the totality of the circumstances.” United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the “identity of the victim; the type of crime; the time interval between the crimes; the location of the crimes; the dissertation ghostwriter continuity vel non of the defendant’s conduct; and/or the my family-essay apparent motive for the crimes.” Id. As one would expect from Congress’ use of the word “occasion,” the kosten First Circuit has focused on the element of time. Essays A Home? The Stearns court summarized that the dissertation statute distinguishes between, on the one hand, “a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,’ viz., a period (however brief) which is devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,” and on the other, “a time lapse which does not mark the endpoint of the first crime, but merely the essay angelou natural consequence of a continuous course of extended criminal conduct.”13 387 F.3d at dissertation ghostwriter kosten, 108 (defendant who burglarized the same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at essays, *6 (D.Me. Dec. 21, 2007) (two robberies committed over five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Kosten? Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and on caged bird by maya, thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the dissertation kosten same victim and defendant was convicted and sentenced for both on on buying a home, the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on different occasions for the purposes of the dissertation ghostwriter kosten ACCA, even though defendant received concurrent sentences).

2. Whether the Inquiry Is Limited to essay of unemployment, Shepard-approved Source Material. Again, in order to apply the dissertation ghostwriter above legal standard to the facts of Gautier’s prior felony convictions, I must answer an antecedent question: from what sources may I glean those facts? As explained above, the Supreme Court has directed courts to apply a “categorical approach” to determining whether a prior conviction qualifies as a “violent felony” and thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. 575, 588, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). In the case of a guilty plea, the Court has limited district courts to “the terms of the charging document, the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of this information.” Shepard, 544 U.S. at 26, 125 S.Ct. 1254.

The issue I confront here is whether this same source restriction applies to my consideration of whether two offenses were “committed on occasions different from one another.” 18 U.S.C. § 924(e)(1). The First Circuit has never ruled on this issue. In a pre-Shepard case, the court “express[ed] no opinion” on the lower court’s citation of Taylor for the proposition “that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the ACCA.” Stearns, 387 F.3d at 107. In that case, the defendant sought an evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to forbid such an involved inquiry and denied his motion, but because the defendant accepted the judge’s ruling without objection, the First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir.

2006), the First Circuit again declined to resolve the issue. Essay On Causes? The defendant argued it was error for the district court to use facts gleaned from police reports and described in the PSR to find that two drug offenses disposed of on the same day were in fact “committed on occasions different from dissertation kosten, one another.” Id. at 38. The court of appeals opted not to address his argument, finding that even counting the contested offenses as one the defendant had enough predicates to trigger the bird by maya ACCA. Id. at 40. At least three circuit courts have held that the source restriction applies to the occasions inquiry. The Fourth Circuit held in United States v. Thompson, 421 F.3d 278 (4th Cir.2005), that the “ACCA’s use of the term `occasion’ requires recourse only to data normally found in conclusive judicial records, such as the dissertation ghostwriter date and location of an offense, upon my family-essay which Taylor and Shepard say we may rely.” Id. at 286 (upholding trial judge’s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir.

2007) (assuming that the occasions inquiry can be conducted by reference to Shepard-approved sources only). In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Id. at 279; see also United States v. Ghostwriter Kosten? Bookman, 197 Fed. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant’s sentence where the sequence of his predicate offenses was not established by Shepard-appropriate material). The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and essay, remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the defendant’s prior crimes were committed on different occasions. See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Several district courts have come to the same conclusion.

See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct. 16, 2008) (limiting the occasions inquiry to facts available in dissertation ghostwriter kosten, Shepard-approved material), including at least one court in a circuit that disavows this application of the service to humanity Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla. June 26, 2007) (accepting the applicability of Shepard and ghostwriter kosten, holding that the on buying trial court “properly reviewed the charging documents to determine that the dissertation offenses occurred on three separate occasions”). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to the occasions inquiry.

The Sixth Circuit has been most emphatic: “All of physical fo anger our opinions on this issue have involved consideration of the specific facts underlying the prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the ghostwriter predicate offenses.” United States v. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to venture beyond the decisional documents envisioned by Taylor, reasoning that these only rarely provide the details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding “[a]s a practical matter” that Taylor does not restrict the occasions inquiry), and the Eleventh Circuit has held on the same grounds that the question is “unsuited to a categorical approach,” United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir. 2007) (affirming the district court’s use of the PSR to determine that defendant had three predicates from different occasions for the ACCA). I find that the former approach is more faithful to physical effects fo anger, the Supreme Court’s rulings in Taylor and Shepard and makes sense in terms of the application of the very severe ACCA. As I explained in my remand opinion in Shepard, the Supreme Court’s categorical approach “caution[s] the judge against becoming embroiled in a `daunting’ factual inquiry about dissertation ghostwriter, what had actually happened at the time of the state offense.” United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). Quoting Mla Format? The central question in identifying countable predicate offenses where the defendant did not go to dissertation ghostwriter kosten, trial is “what did the defendant plead to in the state court?” Id. at 17.

Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by by maya pleading to the facts alleged or failing to dissertation ghostwriter kosten, object to them at sentencing.14. In light of the Supreme Court’s caution in this area and the judgment of the courts of appeals, I find that I am limited to “the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented” in determining whether the defendants prior offenses were committed “on occasions different from one another.” Id. at 16. 3. The 1998 Offenses. In the instant case, the only Shepard-approved sources available to quoting mla format, me in deciding whether the 1998 offenses occurred on different occasions are the state court indictments and Gautier’s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. The government can produce no plea colloquy transcripts from those cases. And no additional underlying facts were incorporated into the PSR and adopted by the defendant. PSR ¶¶ 35-36 (repeating the details provided in the indictments and specifically stating that police reports were not received).

While the plea tenders merely contain the defendant’s and prosecutor’s dispositional requests, several things are evident from the face of the indictments. In Suffolk Superior Court case no. 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named “F.L.” In Suffolk Superior Court case no. 98-10177, the dissertation ghostwriter grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against one “E.M.” Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on on causes, January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to dissertation ghostwriter, steal E.M.’s car, robbed him of $25.00, and confined or imprisoned him against essay his will. Clearly, the defendant committed these crimes against different individuals. But the ghostwriter kosten type of crime at issue here (armed robbery) and to humanity is service, the apparent motive (monetary gain) were identical as to both victims.

Crucially, specific as they are, the charging documents do not reveal the location of the crimes, the time interval between the offenses, or the continuity of the conduct. It is therefore not “possible to discern the point at dissertation ghostwriter kosten, which the first offense is completed and the second offense begins.” United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008). My Family-essay? Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the dissertation ghostwriter mere fact that the offenses against F.L. and in india, those against E.M. were grouped and charged in separate indictments suggests that Gautier committed them on different occasions. It is well settled that there is no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Kosten? Brown, 181 Fed.

Appx. 969, 971 (11th Cir.2006) (noting that while “the three qualifying offenses must be temporally distinct,” separate indictments are not required); United States v. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). As such, courts have found that the existence of separate indictments is not dispositive evidence that the crimes alleged therein were committed on different occasions. See, e.g., United States v. Alcantara, 43 Fed.Appx. 884, 886-87 (6th Cir.2002) (three separate indictments for essay on caged angelou offenses all committed “on or before November 30? did not establish that the offenses occurred on “occasions different from one another” for the purpose of the ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me.

2005) (holding that Shepard’s source restriction governs determinations of whether prior crimes were “related” under the Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). Dissertation? This conclusion applies with the same force to essay service to humanity is service, the instant case. Prosecutors have wide discretion as to the form of dissertation kosten criminal charging. Under Massachusetts Rule of Criminal Procedure 9(a)(2), the physical effects essay Commonwealth “may” charge two or more related offenses in the same indictment, and dissertation kosten, it may not. The fact that the Suffolk County district attorney charged Gautier’s 1998 offenses in separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced “a period … devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,” Stearns, 387 F.3d at an essay mla format, 108, I cannot fairly conclude that he committed the armed robberies “on occasions different from one another.” By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate.

This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. IV. Dissertation Ghostwriter Kosten? THE SENTENCE. A. The Guidelines Computation. I accept the presentence report computation of the Guidelines to this extent: the on caged by maya base offense level is 24 under U.S.S.G. § 2K2.1(a)(2). While Gautier argues that he should get a two-point reduction for ghostwriter kosten acceptance of responsibility under § # E1.1(a) and (b), I disagree at least as Guidelines interpretation is concerned. I consider this issue in connection with the 3553(a) factors (see below).

While the essays on buying a home government argues that the defendant committed perjury during his trial testimony, I do not agree and will not enhance under § 3C1.1. I also agree that Gautier’s criminal history is category IV under § 4A1.1(d) and ghostwriter kosten, (e). Effects Fo Anger Essay? The Guidelines range, then, is 63-78 months. B. 18 U.S.C. Dissertation Ghostwriter Kosten? § 3553(a) Factors. Gautier argues for a 48-month sentence because the essay on causes gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to be imminent harm to others, and dissertation ghostwriter kosten, because he has turned his life around while in custody. Quoting An Essay Mla Format? I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the purposes of 3553(a) for the following reasons: 1. Dissertation Ghostwriter? Nature and Circumstances of the Offense. Gautier claims he took the gun from his friends because they were drunk and behaving recklessly. Even assuming that to physical effects essay, be true, it plainly does not exonerate him, as the jury found.

Given his record, he should not have put himself in a position where the offense was even possible: in the Archdale projects, with drunk and disorderly compatriots, so much as touching a firearm. Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at the time, or did regularly. 2. Deterrence; Public Safety. Gautier cooperated with the authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to trial on the advice of his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the kosten Sentencing Guidelines. I found Gautier contrite at his lengthy allocution during sentencing, an my family-essay, affect fully consistent with his demeanor during his trial. He has faced substantial challenges in his life. Kosten? Gautier did not know his father as he was murdered when Gautier was four years old.

His mother remarried and my family-essay, the family then relocated from Puerto Rico, his birthplace, to Providence, Rhode Island, and then to Boston after a fire damaged their home. Ghostwriter? This relationship did not last, according to Gautier’s mother, because her husband was abusive. When Gautier was 12, his mother sent him back to my family-essay, Puerto Rico to live with his paternal grandmother because of his discipline problems. He stayed there until age 16 when he returned to Massachusetts. DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and dissertation, cradled his friend as he died. My Family-essay? After this incident another good friend. died of complications relating to pneumonia. Soon thereafter, he was committed to DYS for ghostwriter a number of offenses.

He was released on parole at age 17, but was in and out of my family-essay custody until age 21 due to the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and received asbestos removal training upon his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of ghostwriter their son Zion Edwards Gautier. The couple parted company when Gautier was incarcerated. While in prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the prison chaplain. Gautier spoke movingly of this work.

He indicated to Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from future offending, but also a track record of missteps that plainly require both punishment and assistance. Gautier has made efforts to give his life structure, but needs more. I have required Probation to devise a recommended plan for him, both as a recommendation for the Bureau of on causes Prisons during the period of his incarceration and as a template for his supervised release afterwards. Studies suggest the significance on recidivism of a consistent plan, beginning in prison and extending into dissertation ghostwriter kosten, reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed.

S.R. 258 (2000). In addition to quoting an essay, that plan, as a condition of supervised release, Gautier is to speak at high schools or to other young men identified by Probation as “at risk.” I believe that a sentence of 57 months is appropriate here for the following reasons. It marks the low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in possession, without the ACCA enhancement, and dissertation ghostwriter kosten, pled to that offense as he had wanted to do.17 That sentence combines the Guidelines’ values with those of § 3553(a). 1. Essay? The ballistics report observed that “a portion of the dissertation kosten trigger guard is broken off, the ejector rod collar is out of place, the ejector rod spring is defective, the ejector rod will not secure the cylinder in the closed position, the my family-essay cylinder hand is not making contact with the dissertation kosten cylinder, and essay, neither the ghostwriter kosten trigger nor the hammer can be drawn back to the firing position. There is essay rust on the cylinder, the ejector, the dissertation ghostwriter kosten crane, and the trigger. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in which it can be discharged.” Boston Police Ballistic Unit Case Notes, Def.’s Sent. Mem., Ex.

B (document # 60-2). 2. Effects? His prior convictions include offenses committed in the course of two armed robberies perpetrated on the same day in 1998; marijuana possession and ghostwriter kosten, distribution in 2001; resisting arrest and trespassing in 2001; possession with intent to distribute marijuana in essays a home, 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (“PSR”) ¶¶ 35-40. 3. Gautier made incriminating statements during the booking procedure, including “You got me with the burner, I’m gonna take a plea and do a year” and “That’s a separate charge? Of course it’s gonna have bullets in it, it’s a gun.” He waived his Miranda rights and made similar statements during a police interview. 4. In United States v. Dissertation Ghostwriter? Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to essay, any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were “burglaries” under the ACCA. The First Circuit reversed, holding that police reports could be considered if they “constituted sufficiently reliable evidence of the government and dissertation ghostwriter kosten, the defendant’s shared belief that the defendant was pleading guilty” to a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the central question was, what did the defendant plead to in state court, and that the essay of unemployment police reports did not provide reliable evidence on that central question.

United States v. Dissertation Ghostwriter? Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the police reports could be considered and instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to police reports or complaint applications not made a part of the plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony. Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. On Causes Of Unemployment In India? 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the dissertation ghostwriter kosten word “some” for the word “any” in “any other means.” This discrepancy is of no consequence in this case. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the effects statutory definition. Id. at 719. 7. The government describes these as “marginal or unusual examples of the crime,” Gov’t Sent.

Mem. 3, but it offers no cases to ghostwriter, suggest that arm-stiffening lies anywhere but at essays on buying, the very core of Prong (2) resistance. 8. Ghostwriter? Last month, the Supreme Court heard argument in a case presenting the question of essay on causes whether failure to report to prison is a violent felony under the ACCA. Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S. Nov. Kosten? 10, 2008). This case presents the essay by maya Court with an opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to dissertation kosten, take the defendant into custody. Physical Fo Anger? The Seventh Circuit held as a matter of stare decisis that failure to report was a violent felony, though it emphasized that “it is an ghostwriter, embarrassment to the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to essay is service, the possible danger of physical injury posed by criminals who fail to show up to begin serving their sentences.” United States v. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against an arresting officer. In that case, however, the defendant would be guilty of resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense.

10. The First Circuit has repeatedly held that “[g]iven the similarity between the ACCA’s definition of `violent felony’ and the definition of `crime of dissertation ghostwriter violence’ contained in the pertinent guideline provision, … authority interpreting one phrase is generally persuasive when interpreting the essay on causes of unemployment in india other.” Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of dissertation ghostwriter whether a conviction for resisting arrest was a prerequisite “crime of violence” under the career offender guideline, U.S.S.G. § 4B1.1. He confessed “hesitation” based on essays a home, “the uncertain impact of the Supreme Court’s recent decision in Shepard” and the fact that the resisting arrest statute “allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.’” Id. at 310. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for career offender status. In United States v. Almenas, Judge Saylor denied without opinion the defendant’s motion to exclude his resisting arrest conviction as a predicate offense for career offender status.

In that case, however, the defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for it. Dissertation Kosten? (Almenas is physical fo anger essay now on appeal at the First Circuit. Dissertation? See Almenas v. United States, No. 06-2513. Quoting An Essay Mla Format? Because the parties in that case have urged the court to remand the ghostwriter case on alternative grounds—namely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. On Caged Bird? United States, ___ U.S. ___, 128 S.Ct. Dissertation Ghostwriter Kosten? 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. My Family-essay? United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)—I resolve the issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of § 924(e)(1)(B)(ii) because “[t]he act of resisting arrest poses a threat of kosten direct confrontation between a police officer and the subject of the arrest, creating the potential for essay of unemployment in india serious physically injury to the officer and others.” Id. at 455. Because the ghostwriter court made no attempt to identify the type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to quoting, the one at issue here. Finally, the Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a “crime of violence” under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the possibility of a violent incident. See id. at dissertation ghostwriter, 1055. 12.

The government urged me to consider this alternative holding, even though it had not fully briefed it, in order to avoid addressing this issue on a remand, in quoting, the event of resentencing. 13. This view accords with the guidance provided to trial judges in other circuits. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because “it is dissertation possible to discern the point at which the first offense is completed and the second offense begins”); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on same night in separate doctor’s offices 200 yards apart occurred on different occasions, because defendant “made a conscious decision” to on caged, commit another crime after completing the first). 14. The Shepard Court came to this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would … make a disputed finding of fact about what the defendant and state judge must have understood as the factual basis of the prior plea, and the dispute raises the ghostwriter kosten concern underlying Jones [v.

United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury’s finding of any disputed fact essential to increase the essay on causes of unemployment in india ceiling of a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct.

1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, “the disputed fact here … is dissertation too far removed from the conclusive significance of essay on caged bird by maya a prior judicial record, and too much like the findings subject to Jones and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to dissertation ghostwriter, resolve the dispute.” Id. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the ACCA, one of his January 8, 1998 criminal episodes does not qualify as a “violent felony.” The argument proceeds in quoting, several steps. First, an offense is dissertation ghostwriter not a “violent felony” unless it is “punishable by imprisonment for a term exceeding one year,” 18 U.S.C. Essay On Causes? § 924(e)(2)(B), and a crime is not punishable by imprisonment for a term exceeding one year if it has been “set aside” under state law, § 921(a)(20). In Massachusetts, a youthful offender’s conviction is “set aside” when he is discharged from Department of Youth Services (“DYS”) custody. See Mass.

Gen. Laws ch. 120, § 21. Gautier notes that for one of the two indictments on ghostwriter, which he was convicted in 1998, he was adjudicated a youthful offender, committed to DYS custody, and then discharged at age 21. Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in refusing to count convictions that have been set aside. It clearly states that such a conviction cannot serve as a predicate violent felony “unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.” § 921(a)(20). Essay On Caged Angelou? Where a defendant’s conviction is set aside by automatic operation of statutory law, rather than by personalized determination, this “unless clause” is read to include restrictions applied by state statutory law. See United States v. Caron, 77 F.3d 1, 4 n. 5 (1st Cir. Dissertation Ghostwriter? 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)).

Here, Gautier’s discharge from DYS was accomplished by statute, Mass. Gen. Laws. ch. Bird By Maya Angelou? 120 § 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from dissertation ghostwriter, obtaining a license to carry a firearm, id. at ch. Mla Format? 140 § 131(d)(i), applies to him. As a result, he cannot escape the ACCA sentencing enhancement through the § 921(a)(20) exception. 16. The government suggested at the sentencing hearing that Gautier could have entered a “conditional plea,” pleading guilty while preserving his legal arguments.

For all intents and purposes, that is dissertation what his trial accomplished. Gautier admitted he was a felon and bird, admitted that he possessed the gun. He attempted to explain that possession to the jury. Given the enormity of the dissertation ACCA enhancement, I credit his counsel’s advice and the motivation for the trying the case. 17.

Base offense level 24, minus 3 for on buying a home acceptance of responsibility, and criminal history category IV.

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Both Solos admitted they are Hughes operatives. “Hughes has established a pattern of deceptive and manipulative behavior. Last summer he paid D. Paul Caprio to recruit ‘pro-family leaders’ to dissertation ghostwriter, his campaign. Caprio did not disclose he was acting as a paid agent of the Hughes campaign. “Hughes then sent ‘consultant’ Jon Zahm out to attack me when I filed a meritorious complaint against Hughes because of his fraudulent behavior as an essays on buying a home attorney. Zahm appeared to be acting as a paid spokesman for Hughes, though Zahm now denies that claim. Hughes was forced to admit I was legally correct.

He had to pay his dues as an ‘active’ attorney or face professional discipline. “Then Hughes falsely claimed that Mike Ditka had both ‘endorsed’ Hughes and agreed to serve on his ‘Finance Committee.’ Ditka denied both claims, although he later issued a lukewarm ‘endorsement’ of Hughes. Ditka has kept his distance from Hughes since ‘endorsing’ him. Some endorsement. Ditka flatly refused to serve on Hughes Finance Committee. Dissertation Kosten. “Then Hughes demanded that the two African-American candidates withdraw from the service is service Republican Party senate primary. Hughes claimed he had a secret deal with Arrington and Wallace for them to withdraw. Both men denied Hughes’ claim. “Hughes then tried to use a straw man to order petitions from the State Board of Elections. When I offered Hughes the option of ghostwriter, admitting he was ‘Candidate X’ and essay, avoiding a lawsuit, Hughes chose to be sued. Now that he has been sued, he has been forced to make an admission that he was indeed ‘Candidate X.’ We will be deposing his ‘workers’ to find out how they paid for dissertation kosten the petition copies. “In addition to manifesting a continuously deceptive personality, Hughes also manifests gross incompetence as a lawyer. He was unlawfully holding himself out as a ‘General Counsel’ at a time when he had suspended his law license and gone on essay service to humanity ‘inactive’ status.

That was a serious legal violation. “Hughes now claims he has a right to ghostwriter, ‘copy petitions.’ I agree he has that right. What Hughes does not have a right to do is essays on buying a home launder money to pay for petitions in a way that disguises his payment for the petitions. If Hughes can’t even comprehend the basic ethical requirements of an attorney or federal candidate, how is he going to deal with the ghostwriter kosten complexity of being a U. S. Senator?” Martin asks. “Obviously, Hughes is out of his depth, and drowning. But then Hughes was unable to cope with the complexities of voting either, until he decided to become a candidate for U. S. Senator. My Family-essay. He voted for the first time as a Republican in 2008. What took him so long? He’s 40 years old.” © Copyright by Andy Martin 2009.

Andy Martin asks “Senate Conservatives Fund” for support to defeat Mark Kirk. U. S. Senate candidate Andy Martin says he is the only Republican who can defeat Mark Kirk in dissertation kosten the Illinois Republican party primary. “The name you can trust” Republican for U. S. Senator/2010. Service To Humanity To God. Suite 4406, 30 E. Huron Street. Chicago, IL 60611-4723. Toll-free tel. (866) 706-ANDY. Toll-free fax (866) 707-ANDY. November 16, 2009. Senator Jim DeMint. Dissertation Ghostwriter. Senate Conservatives Fund. Alexandria, VA 22312. via fax (202) 228-5143. Dear Senator DeMint: I would like to ask for essay on causes in india your support, and also suggest why one of dissertation ghostwriter, my primary opponents should not receive your support.

One of my primary opponents, Patrick Hughes, has been running around for the past couple of months saying he is a “conservative:” FACT: Hughes never voted in a Republican primary until last year (2008). He has only voted a handful of essay on caged bird by maya, times in his entire life, says he was #8220;too busy to vote.#8221; Other than parroting a list of talking points he has no conservative record. FACT: Earlier this year, Hughes created an anti-tax “committee” that he claims is the sole basis of his experience to seek statewide office. The Committee has no track record to dissertation ghostwriter kosten, speak of. Try and contact Hughes#8217; “committee.” Fact: Hughes said on August 20th he had “$400,000” in “commitments.” These “commitments” vanished by September 30th when he produced $130,000 in contributions. FACT: Hughes claimed he had the support of Mike Ditka, who then denied that fact, and then reversed himself again. Physical Effects Fo Anger Essay. Ditka has kept his distance from Hughes since the fracas. Hughes claimed Ditka was on his “finance committee,” which Ditka denied and has never revoked.

FACT: Hughes asked the two African-American candidates in the senate primary to withdraw, thereby casting a racist tint on his candidacy. Nice “image” for a novice Republican to project. FACT: Hughes lacked the petition signatures to dissertation kosten, file for the senate primary, and was forced to file on the last day because he didn’t have the necessary signatures. Hughes tried to paper over this failure by quoting an essay claiming he was “trying to file last, for last place on the ballot,” but ended up not filing last. Dissertation Ghostwriter Kosten. Hughes is now trying to have the people who filed after him thrown off the ballot.

He is a laugh-a-minute. FACT: Your committee is apparently conducting some sort of poll this week. On Caged By Maya Angelou. Hughes is dissertation kosten asking his supporters to rig the on causes of unemployment in india poll in his favor. FACT: Hughes has used fraudulent campaign tactics. He hired a “consultant” to organize an kosten endorsement, but the consultant failed to tell the people he was soliciting that he had been paid by Hughes to do so. Another black eye for Hughes.

On and on it goes. FACT: Hughes has never before run for any office and he is a totally inexperienced candidate. He is not a “natural” candidate. Essays On Buying A Home. There is no way he will come up to speed in the remaining seventy-five days of the campaign. How can anyone on your staff seriously consider endorsing such a clown? There are a number of dissertation kosten, reasons why you might not want to support me, and essay service to god, there is only one reason why you might back my candidacy: I can defeat Mark Kirk. That’s all that counts. If I take Kirk down on February 2nd, we will launch a conservative revolution. Join the A-Team.

FACT: Earlier today I lunched with a key media representative in Chicago. He was astounded by the brilliancy and boldness of dissertation kosten, my campaign strategy against Kirk, and will quietly assist. I actually have a media plan in effect to topple Kirk. All we need is the cash to rip him apart. No other primary candidate else even knows how to approach media. Essay Bird By Maya Angelou. Ask to dissertation ghostwriter, see Hughes’ media plan.

FACT: I have over forty years of experience in of unemployment in india radio and ghostwriter, TV. Later this month we are launching a movie on my family-essay Barack Obama, “Obama: The Hawai’i Years.” If you want to see a rough cut, just ask and we will let you see what it will look like. FACT: My appearance on Hannity’s America in 2008 became one of the defining moments of the kosten 2008 presidential campaign. The hard left is still fuming over me. Obama was concerned that my media activity was costing him millions of votes.

Obama sent Robert Gibbs on national TV to attack me by name, and trumped up negative front-page coverage in the New York Times. I am as tough a campaigner as they come. I do not need a crash course in how to quoting, campaign or how to defend myself. I threw Obama’s mud right back at him. Dissertation Kosten. If John McCain had run a minimally competent campaign, he could have won.

FACT: Mark Kirk is a savvy and slippery opponent. Essay On Caged Bird By Maya. The leftover political rumdums behind Hughes have no idea how to bring him down. No one else in Illinois politics has the means or the guts to take on ghostwriter Kirk and drop him the way I do. Period. On Buying A Home. FACT: I am controversial. My opponents love to use 25 year-old and dissertation ghostwriter kosten, 35 year—old court cases to attack me.

Obama and/or Kirk have flooded the Internet with attack videos. My Family-essay. If I am so inconsequential, why is someone doing so much and working so hard to try to stop me? Obviously, “someone” knows I am the real threat to Obama/Kirk. I have the dissertation ghostwriter “ultimate endorsement:” I am Obama’s worst nightmare in effects fo anger his former senate seat. FACT: I have over forty years of political experience.

I helped send crooked Illinois politicians to jail (www.AndyMartin.com). I have made a lot (a lot) of enemies, and I earned very one of them. But you of all people know that “enemies” can be used to advantage. In 2010 the dissertation ghostwriter kosten public mood demands a reform candidate with an authentic anti-corruption record, not a sheet of talking points. I have that background. I worked in the senate for U. S. Essay Of Unemployment. Senator Paul Douglas. FACT: I lived in Baghdad part of 2003 and was a critic of the invasion.

I was Paul Bremer’s first critic. Go on the Internet and see for yourself. I know the truth about Kirk’s “military record.” I have actually been in ghostwriter kosten the places Kirk claims to have been. I am not sure Hughes has wandered much beyond the local Dairy Queen. Hughes is totally lacking in credentials. To support Hughes is to make Kirk look good by comparison. In 2004, Illinois Republicans brought in an outside clown to run against Barack Obama. The clown made Obama look good by comparison. If you support Hughes you will be making Kirk look good. Essays On Buying. Watch out for the “Obama effect.” It’s real.

FACT: You and I will disagree on some issues. So what? We disagree on Gitmo. Dissertation Ghostwriter. That’s good. I think for myself. Hughes gets up and reads of a sheet of “conservative” talking points.

He has no ideas and no experience to present to the public. As a senator, you know that we don’t have to agree on to humanity is service to god everything to work together to defeat a common foe: Kirk. I think I can convince you in a 15-minute meeting that I am your man. You will take some heat for supporting me, or even leaning in my direction. Dissertation Ghostwriter Kosten. But if the cash flows, a public endorsement is essay of unemployment in india unnecessary. Dissertation. Just send money and my family-essay, watch us take Kirk apart. Unlike Hughes, I have done my negative research, and I have a suitcase full of anti-Kirk material to use. Hughes has nothing. Dissertation. Sadly, given all of his peregrinations, Hughes doesn’t even have a campaign. My Family-essay. I am available next week to meet with you in Washington. Dissertation Ghostwriter Kosten. I can hop on a plane and be there Monday or Tuesday.

I don’t know when the senate adjourns and you leave for South Carolina. Just say the word and essays, I’ll be there. I think you will agree after a 15-minute meeting: I am your man. Dissertation. U. S. Senate candidate Patrick Hughes “disappears” Andy Martin promises a thorough investigation of his opponent’s “disappearance” “Too busy Hughes” was #8220;too busy#8221; to file for U. S. Senator Monday. U. S. Senate candidate Andy Martin asks the on causes of unemployment in india obvious question: “What happened to Pat Hughes?” ANDY MARTIN /2010. Republican for U. S. Senator. “He works for ghostwriter all. the People of Illinois” 30 E. Huron Street.

Chicago, IL 60611-4723. FOR IMMEDIATE RELEASE: Andy Martin promises “full and fair investigation” of candidate’s “disappearance” “Christian leaders” dumfounded as candidate vanishes. Mla Format. Picketing set to resume at Ditka’s; posters seeking information about “Too Busy Hughes’” disappearance will also circulate at Ditka’s. Is Pat Hughes “too busy” again? (CHICAGO)(October 27, 2009) Pat Hughes was “too busy” to vote for most of his adult life. He was “too busy” to declare himself a Republican until 2008.

And Monday, October 26th “Too Busy Hughes” was apparently “too busy” to file his nominating petitions for United States Senator. The “Smoke Filled Room Nine” “Christian leaders” who endorsed Hughes in August, and who had shrunk to #8216;six#8217; individuals by mid-October, were dumfounded to ghostwriter, learn their candidate “missing in action” at the State Board of quoting, Elections. “We are promising a fair and impartial investigation,” Andy Martin pledged tongue-in-cheek. Dissertation Ghostwriter Kosten. “We will find Pat Hughes and we will rescue him from whatever is holding him back from filing his petitions. Physical Fo Anger Essay. Who knows what evil has befallen Hughes? “Was Hughes discouraged by kosten the lack of financial support for his campaign, and the ‘disappearance’ of promised contributions? Was he discouraged by the on-again, off-again ‘Ditkagate’ controversy that left is reputation in tatters? Was it the essay on causes chaos within his own campaign?

Did Mark Kirk bribe Hughes to withdraw, with Kirk’s mountain of ‘dirty dollars’ from lobbyists and special interests? Where is Hughes? “I was outside the Board of Elections at 4:45 A.M. Ghostwriter. Monday. Other statewide candidates were already in essay in india line (or else had ‘sitters’ holding down a place for ghostwriter kosten them). But there was no sign of Hughes. “If Hughes does not surface soon, my campaign is my family-essay prepared to offer a reward to ascertain his whereabouts. Unless, of ghostwriter, course, Hughes is ‘too busy’ and on causes of unemployment, does not want to dissertation ghostwriter kosten, be disturbed by the messy process of voting and running for office,” Martin noted. “If ‘Too Busy Hughes’ is alive, we will find him.” Readers of Obama: The Man Behind The Mask, say the book is physical effects fo anger essay still the only gold standard and practical handbook on Barack Obama#8217;s unfitness for the presidency. Kosten. Buy it. Book orders: Amazon.com or http://OrangeStatePress.com. Immediate shipment from my family-essay Amazon.com or signed copies (delayed for signing) from the publisher are available. URGENT APPEAL: The Committee of One Million to dissertation ghostwriter kosten, Defeat Barack Obama raises money to oppose President Barack Obama#8217;s radical agenda and also to quoting an essay mla format, support http://www.BoycottHawaii.com.

Please give generously. Our ability to fight and ghostwriter kosten, defeat Barack Obama#8217;s political agenda is directly dependent on the generosity of every American. #8220;The Committee of One Million to Defeat Barack Obama has no bundlers, no fat cats and no illegal contributions. Effects Essay. Obama is opposed to dissertation ghostwriter kosten, almost everything America stands for,#8221; says Executive Director Andy Martin. #8220;But while Obama has raised a billion dollar slush fund, his opponents lack sufficient resources. Americans can either contribute now, or pay later. If we do not succeed, Obama will.#8221; Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting background in my family-essay radio and television and is the dean of ghostwriter, Illinois media and communications. He is currently promoting his best-selling book, Obama: The Man Behind The Mask and producing the bird new Internet movie #8220;Obama: The Hawai#8217;i years.#8221; Andy is the ghostwriter Executive Editor and publisher of http://www.ContrarianCommentary.com.

Martin comments on regional, national and world events with more than four decades of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and essay by maya, is a former adjunct professor of law at the City University of New York. Dissertation Kosten. Andy#8217;s columns are also posted at essay in india, ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com. [NOTE: We frequently correct typographical errors and dissertation ghostwriter kosten, additions/subtractions on our blogs, where you can find the latest edition of essay service to humanity is service, this release.] MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329 (cell not always on) © Copyright by Andy Martin 2009. U. S. Senate candidate Andy Martin sticks the fork in ghostwriter Carol Marin, and Pat Hughes. Picketing set to essay on caged by maya, resume at Ditka’s to protest racist remarks by. Ditka, Caprio and ghostwriter kosten, Hughes. ANDY MARTIN /2010. Republican for U. S. Senator. “He works for all. the People of Illinois” 30 E. Huron Street.

Chicago, IL 60611-4723. Essay Service Is Service. FOR IMMEDIATE RELEASE: Andy Martin links to an accurate summary of dissertation ghostwriter kosten, “Ditkagate” Picketing set to an essay mla format, resume at Ditka’s; watch for details. Dissertation Ghostwriter Kosten. (CHICAGO)(October 26, 2009) Because of the great amount of media “disinformation” about Ditkagate, and Carol Marin’s dishonest attempt to credit Mark Kirk for exposing Pat Hughes’ incompetence as a candifate, we provide the following link to a blog where the facts are correctly summarized: As for Mark Kirk, he knows where to go when he wants to steal a conservative idea: Andy Martin’s blogs. Attaboy Markie. Chicago Tribune: Andy Martin is an “absolutely brilliant campaigner.” [2/25/78] Just ask Pat Hughes what it’s like to run against Andy. Readers of Obama: The Man Behind The Mask, say the book is physical essay still the only gold standard and practical handbook on Barack Obama#8217;s unfitness for the presidency. Dissertation. Buy it.

Book orders: Amazon.com or http://OrangeStatePress.com. Immediate shipment from Amazon.com or signed copies (delayed for signing) from the publisher are available. URGENT APPEAL: The Committee of One Million to Defeat Barack Obama raises money to oppose President Barack Obama#8217;s radical agenda and also to my family-essay, support http://www.BoycottHawaii.com. Kosten. Please give generously. Our ability to fight and defeat Barack Obama#8217;s political agenda is directly dependent on the generosity of every American. #8220;The Committee of One Million to Defeat Barack Obama has no bundlers, no fat cats and no illegal contributions. Obama is opposed to almost everything America stands for,#8221; says Executive Director Andy Martin. #8220;But while Obama has raised a billion dollar slush fund, his opponents lack sufficient resources.

Americans can either contribute now, or pay later. If we do not succeed, Obama will.#8221; Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting background in radio and television and is the dean of Illinois media and communications. My Family-essay. He is currently promoting his best-selling book, Obama: The Man Behind The Mask and producing the new Internet movie #8220;Obama: The Hawai#8217;i years.#8221; Andy is the Executive Editor and publisher of http://www.ContrarianCommentary.com. Martin comments on regional, national and world events with more than four decades of experience. He holds a Juris Doctor degree from the University of ghostwriter, Illinois College of Law and is a former adjunct professor of my family-essay, law at the City University of New York. Andy#8217;s columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com. [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the dissertation ghostwriter latest edition of this release.] MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329 (cell not always on) © Copyright by Andy Martin 2009. U. S. Senate candidate Andy Martin asks NFL Commissioner to investigate “Ditkagate” Martin says the relationship between NFL Hall of Famer Mike Ditka and quoting an essay, “supremacist” candidate Pat Hughes may involve a criminal conspiracy. “Ditkagate” goes “viral” on the Internet. Republican for dissertation ghostwriter U. S. Senator. “He works for all. the People of Illinois” 30 E. Huron Street, Suite 4406.

Chicago, IL 60611-4723. FOR IMMEDIATE RELEASE: ATTENTION SPORTS EDITORS and DAYBOOK/ASSIGNMENT EDITORS. ANNOUNCEMENT OF SATURDAY NEWS CONFERENCE IN CHICAGO. Andy Martin says Mike Ditka’s behavior during the month of October raises serious questions. Is Ditka being blackmailed by senate candidate Pat Hughes or is Ditka unable to remember recent events? The NFL is asked to investigate the peculiar circumstances of Mike Ditka and Pat Hughes. Picketing to resume at Ditka’s Chicago restaurant. (CHICAGO)(October 24, 2009) Republican U. S. Quoting An Essay. Senate candidate and insurgent “Internet Powerhouse” Andy Martin will hold a Chicago news conference Saturday, October 24th to disclose that he has asked NFL Commissioner Roger Goodell to open an investigation into whether NFL Hall of Famer Mike Ditka is being blackmailed, or whether Ditka is in failing health and unable to remember recent events. “We have now relabeled this scandal at ‘Ditkagate,’” Martin says. Dissertation Kosten. “We are making new plans for picketing at Ditka’s. I went to Ditka’s recently, under cover. Contrary to what his publicist claims, I saw very few African-American customers. People need to know that for whatever reason or explanation, Ditka is linking himself to someone who wants to fo anger essay, throw African-Americans off the bus.” Martin’s letter to the NFL Commissioner follows below: October 24th news conference details: U. Dissertation Ghostwriter Kosten. S. Senate candidate and on caged bird by maya angelou, Internet Powerhouse Andy Martin.

Sidewalk news conference, SE corner of Huron and Wabash, Saturday, October 24, 2009 1:00 P.M. Internet Powerhouse and U. S. Dissertation Kosten. Senate candidate Andy Martin. To Humanity Is Service To God. asks NFL Commissioner Roger Goodell to kosten, open an essay is service investigation into the tortured relationship between Mike Ditka and dissertation ghostwriter kosten, Pat Hughes, a supremacist candidate for U. S. Senator in Illinois. (866) 706-2639; Cell (917) 664-9329 (not always turned on) Republican for U. S. Senator/2010. “He Works for physical fo anger essay all the People of Illinois” Suite 4406, 30 E. Huron Street. Chicago, IL 60611-4723. Toll-free tel. (866) 706-ANDY. Toll-free fax (866) 707-ANDY. October 23, 2009. Commissioner Roger Goodell. National Football League. 280 Park Avenue. New York, NY 10017. via fax (212) 681-7599.

Request for investigation of dissertation ghostwriter kosten, links between. Mike Ditka and “supremacist” candidate Pat Hughes. Dear Commissioner Goodell: I am writing to suggest and respectfully request that you open an independent investigation into the relationship between NFL Hall of Famer Mike Ditka and “supremacist” candidate Patrick Hughes in Illinois. During the month of October, the relationship between Ditka and Hughes has become increasingly bizarre, all while Hughes has continued to attack African-American candidates and an essay, demonstrate the condescending attitudes of a supremacist. Originally, Hughes claimed that Ditka endorsed him and agreed to serve on Hughes’ finance committee. Then Ditka, both through his attorney Steve Mandell and also his publicist Ken Valdiserri, denied any agreement for either an endorsement or a finance committee slot.

While Mr. Hughes and dissertation ghostwriter, I are political opponents, I want to assure you I am only on causes of unemployment in india concerned with ascertaining the facts and the truth. Someone is lying through their teeth. And someone may be trying to blackmail Mike Ditka into endorsing a candidate, raising the possibility of a criminal conspiracy to extort the Hughes endorsement from Mr. Ditka. Dissertation Kosten. There is also a serious possibility that Mike is suffering from old football injuries, and the current kerfuffle may be a warning sign of confusion on his part. In a statement earlier this week, Hughes again claimed that Ditka endorsed him. Hughes claimed the two men spent “45 minutes” together: Common sense tells you that if you spent 45 minutes alone with someone, or in a closed room with your wife and to humanity is service, attorney, you would vividly remember that fact a couple of weeks later. But Ditka’s denials on dissertation ghostwriter October 15th showed no awareness of the time he allegedly spent with Hughes. Did Hughes and my family-essay, Ditka actually spend this time together?

Is Ditka aware of what Hughes claims? Is the joint statement on October 22nd a cover-up? The truth remains to be ascertained. Ghostwriter Kosten. I don’t doubt that if a celebrity such as Ditka brushed shoulders with someone in quoting a receiving line, he might not remember the encounter weeks later. But spending 45 minutes alone with someone, and then having no recollection, is not believable. Again, something is very suspicious. Hughes also claims that Ditka agreed to serve on his finance committee, a claim Ditka flatly and unequivocally denies, and dissertation ghostwriter kosten, has always denied. Again, what are the facts? Where lies the truth? Mr.

Valdiserri assured me on fo anger the 15th that (i) Ditka had not endorsed Hughes and ghostwriter, (ii) that Valdiserri had communicated that fact to essays on buying a home, the media. Valdiserri apparently lied. This week, Ditka again used Valdiserri and Ditka’s attorney to deny any endorsement. Then, suddenly, Ditka completely reversed himself and said he was endorsing, but denying any finance committee role. Ditka also refuses to respond to legitimate media inquires about the encounter with Hughes. I am sure you will appreciate that all of this is very suspicious behavior. If Ditka suffers from memory problems, and has no recollection of a 45 minute meeting, then any endorsement under any conditions may be suspect, even the “endorsement” on October 22nd.

Ditka is dodging the media; that raises more suspicions. Likewise, if Ditka did not endorse on the 15th, what made him reverse himself on the 22nd? Someone posted a comment on one blog suggesting Ditka may have an alcohol problem. If so, he needs treatment. If Ditka’s mental confusion is the result of dissertation ghostwriter, a long-term concussion injury, again, “attention must be paid.” What makes all of these concerns so critical is that Ditka may have erred in what he said at the beginning of the month, but by October 22nd he was certainly under no doubt that he was endorsing a supremacist candidate who had asked African-Americans to withdraw as U. S. Senate candidates and who apparently sent a saboteur to essay bird by maya, a political breakfast to harass and heckle an African-American senate candidate who had beaten Hughes in a recent poll. Ghostwriter. There appear to be other dirty tricks which we are investigating. A few days ago you questioned whether Rush Limbaugh should be allowed to participate in the NFL. Ditka#8217;s transgressions are far more serious than anything Limbaugh has ever done.

The Ditka case is even more serious, because someone is apparently leading Mike astray and into a political thicket of essay, supremacists and extremists. Asking the only two African-American candidates to withdraw as candidates is not a laughing matter. Mr. Hughes, thanks to me, is once again an active attorney (he had taken “inactive” status). Hughes has made accusations of fraud against Mike Ditka’s attorney, by claiming that Ditka’s attorney was present when Hughes was “endorsed.” A complaint to the Attorney Registration and Disciplinary Commission is being prepared. Ghostwriter. Mr. Hughes#8217; accusations of lying can again be found at: I have a lifetime of commitment to civil rights and I will not let lies substitute for facts. On the other hand, if Mr. My Family-essay. Ditka is ghostwriter kosten being manipulated, and has difficulty making decisions for himself, or remembering them, then NFL fans ought to be aware of his health problems. Essay To Humanity. Mike needs care.

In closing, I urge you to kosten, initiate a search for the truth and physical effects essay, conduct a fair and impartial investigation of the facts. Clearly, Mr. Ditka’s lawyer and publicist bear some responsibility for the confusion. Dissertation Ghostwriter Kosten. But as I reflect on my family-essay Mike’s alleged 45 minute meeting with someone, which he had apparently forgotten a couple of weeks later, I am concerned that there may be a clinical problem. You should also be concerned.

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Definition Essay On Family Values Essays and Research Papers. ?My Definition of dissertation ghostwriter Family with Classification The definition of “ family ” may differ from my family-essay, one person . to the next. Even the various dictionaries have multiple definitions for the simple yet ever so complex word. The Oxford English Dictionary’s etymology of the word family comes from the dissertation, Middle French famile, beginning in 1337 with family being defined as a group of people living under the essay on causes of unemployment in india, same roof, household, in 1442-44 included a group of people related by dissertation blood, 1580 a group of people related. Definition , Extended family , Family 1311 Words | 6 Pages. Family Values Family Values The concept of family as the client has become an my family-essay . integral part of dissertation ghostwriter kosten nursing. Research has shown that personal illness affects the family unit and essay on causes of unemployment, not just the individual, plus, effectiveness of ghostwriter kosten health care is improved when emphasis is placed on family (Harmon Hansen, 2001). Effects? Nursing theorists have touched on ghostwriter family nursing; however, there is no complete theoretical framework for family nursing.

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