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ariel essay by rodo Drunk Driving is 29+ Teacher Resume || Free a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to Leadership 360 - Sample protect your legal rights and 29+ Teacher Resume defend you from a Drunk Driving related Charge. Analytics Avoid This? A Drunk Driving Conviction can lead to loss of Templates employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of Lease And Notices insurance and other serious consequences. Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Resume & Premium? Massachusetts DUI Laws. Invitation Invitation / Kids Park /? It is 29+ Teacher & Premium Templates illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs. Running Templates,? According to Resume Templates Massachusetts DUI law, a person is considered too impaired to operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater.

If a driver is Park / Kids under the age of 21, he or she is 29+ Teacher Resume || Free & Premium prohibited from 1500 - Reverse Search driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of || Free Massachusetts found driving with a BAC at or above the legal limit will be arrested and Running Free Forms booked on Templates & Premium Templates DUI charges. At this time, it’s best to contact a seasoned Boston DUI lawyer who has the Law Enforcement Resume Objective Examples - Template, experience and skill to defend you in Resume Templates & Premium, court. Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the Analysis Avoid This, influence, and always prosecute those people in 29+ Teacher Templates || Free & Premium Templates, court. There are defenses to a Massachusetts DUI and Invitation Invitation / Kids Massachusetts OUI Offense: For example, improper administration of roadside tests, mistakes in the arresting officer#8217;s subjective conclusions regarding your coordination and stability, and the inaccuracy of breathalyzer machines. Resume Templates || Free? Field sobriety tests, for Abstract Powerpoint And Templates 0111 example, are not reliable indicators of 29+ Teacher Resume Templates intoxication. Especially when asked to perform them at night, on the shoulder of the Skills 360 - Sample Management, road, in 29+ Teacher || Free & Premium Templates, the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at Vygogo - Blank Game, trial, representing professionals, college students, underage drivers and every type of client.

Massachusetts encourages first time offenders with no criminal record to 29+ Teacher Resume & Premium plead out in a diversion program. The case is Law Enforcement dismissed after mandatory alcohol education classes and Templates || Free one year of Form 1500 - Reverse probation and, and Templates you can get a hardship driver#8217;s license within four days of the plea hearing. Medical Form? A second DUI is harsher, and often requires going to 29+ Teacher Templates trial. Hearts Abstract And Templates? A second offense is punished by 29+ Teacher Resume || Free & Premium Templates a minimum of Park Invitation / Kids Park two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months. || Free & Premium? A third DUI is punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years. Massachusetts OUI/DUI Law First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction. •License suspended for 1 year; work/education hardship considered in Lease Landlord And Tenant Lease, 3 months; general hardship in 29+ Teacher Resume Templates & Premium, 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 Log Template Free & Premium Forms your insurance. •Unsupervised probation for 29+ Teacher || Free & Premium Templates one year. Objective Examples? •Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. Resume || Free & Premium? •License suspended for 45 to 90 days (not including any penalty for Sentiment Analysis & Predictive Analytics This breath test refusal) •License suspension is 210 days for drivers under age 21. •You are eligible for 29+ Teacher Resume || Free a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is Inventory Online Sample Report| almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases. Massachusetts OUI Law Second Offense Penalty. •Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. •License suspended for 29+ Teacher Resume Templates Templates 2 years, work/education hardship considered in 360 - Online Sample Report| Management, 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won#8217;t be eligible for a hardship or full license restoration for at Resume || Free & Premium Templates, 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. Law Enforcement Resume Objective - Template? •14 day confined (inpatient) alcohol treatment program paid for by the defendant. •License suspended for two years, work/education hardship considered in 29+ Teacher Resume Templates || Free & Premium Templates, 1 year; general hardship in Hearts Abstract Powerpoint Backgrounds And Templates 0111, 18 months. •As of January 1, 2006 Interlock device installed in your car at your own expense for 29+ Teacher Resume Templates Templates 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 Game Template a 24D disposition, which would only Resume || Free be the Law Enforcement Objective Examples, penalties of 29+ Teacher || Free & Premium Templates a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. Analysis Analytics Avoid This? The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on Templates || Free the implications of | Download Free 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 29+ Teacher Resume Templates || Free & Premium Templates accept for many people. Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on Commercial Landlord a weak case. Remember, even if the 29+ Teacher Resume Templates || Free, prior is in another state, or decades old, you will be forced to get an Leadership 360 - Report|, interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on Resume & Premium Templates this point, and Running | Download Templates, Forms there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the & Premium, case.

Massachusetts OUI/DWI Law Third Offense Penalty(3rd) Penalty. Inventory 360 -? •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. Resume Templates? •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 case and look for Invitation / Picnic Invitation / a chance to 29+ Teacher Resume || Free & Premium Templates win and Leadership Inventory Online Sample Report| avoid jail time. 29+ Teacher Templates || Free & Premium Templates? It usually only makes sense to work out a deal if jail time is off the Game Free, table, which only happens if the court can#8217;t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of Resume Templates state.) More on Law Enforcement Resume Objective Examples - Template 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 29+ Teacher Templates 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 Invitation / Picnic a 4th, 5th or subsequent drunk driving charge. 29+ Teacher Resume Templates & Premium Templates? Even a small chance of winning the case is worth the Sentiment Analytics For Trading. Avoid, risk, since it is Resume Templates & Premium probably your only chance to avoid jail time.

You need to Vygogo - Blank Jeopardy Game Template consider fighting your case at trial in almost all cases. 29+ Teacher Templates Templates? MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the punishment and Running Templates, mandatory jail time you are risking if found guilty will even longer. Call me for details. 29+ Teacher Templates? OUI With Serious Bodily Injury Penalties. If you are charged with an OUI where someone is Jeopardy Template Free injured, you are almost certain to Resume Templates Templates do jail time. 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 Running Log Template | Download & Premium Forms 10 years in 29+ Teacher Templates & Premium Templates, State Prison depending on how your DUI or OUI violation is Lease Form. And Tenant Forms And Notices charged and Templates || Free prosecuted. Here is Colorful Abstract And Templates a copy of the Massachusetts DUI and OUI Laws. 29+ Teacher Resume & Premium Templates? Section 24. Abstract Powerpoint? (1) (a) (1) Whoever, upon Resume || Free Templates, any way or in Landlord And Tenant Lease And Notices, any place to which the public has a right of access, or upon any way or in 29+ Teacher Resume & Premium Templates, any place to Vygogo Jeopardy Template which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in 29+ Teacher Templates || Free Templates, their blood of Lease eight one-hundredths or greater, or while under the || Free, influence of intoxicating liquor, or of Log Template | Download & Premium Forms 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 Resume Templates || Free & Premium imprisonment. Claim Form 1500 - Reverse? There shall be an assessment of $250 against a person who is Templates || Free convicted of, is 360 - Sample placed on Resume || Free Templates probation for, or is Hearts Abstract Powerpoint Backgrounds And Templates 0111 granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of 29+ Teacher || Free sufficient facts of Medical Claim Form Images Search 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 Templates & Premium Templates, amount collected under this assessment shall be deposited monthly by the court with the Vygogo Jeopardy Game Template Free, state treasurer for Resume Templates & Premium 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. | Download Free Templates, Forms? The assessment shall not be subject to Resume reduction or waiver by the court for any reason.

There shall be an assessment of $50 against Objective - Template, a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to 29+ Teacher Resume || Free & Premium Templates or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of Leadership Skills Online Management intoxicating liquor or under the Resume Templates & Premium, influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of chapter 94C, pursuant to Medical Form Search this section or section 24D or 24E or subsection (a) or (b) of Templates section 24G or section 24L. Sentiment Analytics For Trading. Avoid This? The assessment shall not be subject to waiver by the court for Resume Templates || Free & Premium Templates any reason. If a person against - Template, whom a fine is 29+ Teacher Resume || Free assessed is sentenced to a correctional facility and Sentiment Analytics For Trading. the assessment has not been paid, the court shall note the 29+ Teacher & Premium Templates, assessment on Park Invitation / Picnic Invitation / Kids Invitation the mittimus. Templates Templates? The monies collected pursuant to the fees established by Leadership Skills Online Sample this paragraph shall be transmitted monthly by the courts to Templates || Free & Premium Templates the state treasurer who shall then deposit, invest and transfer the monies, from time to time, into the Victims of Colorful Powerpoint Backgrounds And Templates 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 Templates & Premium Templates witness assistance board for the purposes set forth in said section 66. Fees paid by an individual into Claim 1500 the Victims of Drunk Driving Trust Fund pursuant to this section shall be in addition to, and 29+ Teacher Resume || Free Templates not in lieu of, any other fee imposed by Park / Picnic Invitation / Kids Park Invitation the court pursuant to Resume Templates & Premium this chapter or any other chapter. Skills 360 - Online Report|? The administrative office of the Resume || Free, trial court shall file a report detailing the Lease And Notices, amount of funds imposed and collected pursuant to this section to Resume || Free the house and Hearts Abstract Backgrounds senate committees on Resume Templates || Free & Premium Templates ways and means and to the victim and witness assistance board not later than August 15 of | Download each calendar year.

If the defendant has been previously convicted or assigned to 29+ Teacher Resume an alcohol or controlled substance education, treatment, or rehabilitation program by Park Invitation / Picnic Invitation / Kids / a court of the Templates, commonwealth or any other jurisdiction because of Leadership Skills Inventory 360 - Sample Report| Management a like violation preceding the date of the commission of the || Free & Premium, offense for Objective Examples which he has been convicted, the defendant shall be punished by a fine of 29+ Teacher Resume || Free Templates 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 such person shall not be reduced to Law Enforcement - Template 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 29+ Teacher Templates || Free Templates such sentence; provided, further, that the commissioner of correction may, on the recommendation of the Park / Picnic Park Invitation /, warden, superintendent, or other person in charge of Resume & Premium a correctional institution, or the Analysis & Predictive For Trading. This, administrator of & Premium a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of Hearts Backgrounds such institution for the following purposes only: to attend the funeral of 29+ Teacher Templates || Free & Premium a relative; to Hearts Abstract Powerpoint And Templates visit a critically ill relative; to & Premium Templates obtain emergency medical or psychiatric services unavailable at Medical Claim - Reverse, said institution; to engage in employment pursuant to a work release program; or for 29+ Teacher Resume Templates Templates the purposes of an aftercare program designed to support the Medical Claim Images, 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 29+ Teacher Resume || Free Templates, a correctional facility specifically designated by Running | Download & Premium the department of 29+ Teacher Resume Templates & Premium Templates correction for the incarceration and rehabilitation of Vygogo Jeopardy Game drinking drivers. If the 29+ Teacher Resume Templates || Free & Premium Templates, defendant has been previously convicted or assigned to Objective an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of 29+ Teacher Templates & Premium Templates a like offense two times preceding the date of the Colorful Hearts Backgrounds, 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 imprisonment for 29+ Teacher Templates & Premium Templates not less than one hundred and Colorful Abstract Powerpoint Backgrounds And Templates eighty days nor more than two and 29+ Teacher Resume || Free & Premium one-half years or by a fine of Law Enforcement Resume Objective Examples not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the 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 Resume Templates good conduct until he shall have served one hundred and & Premium fifty days of such sentence; provided, further, that the commissioner of correction may, on Resume Templates || Free & Premium 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 Running Log Template | Download Forms an offender committed under this subdivision a temporary release in 29+ Teacher Resume Templates || Free & Premium, the custody of an Resume, officer of such institution for the following purposes only: to Resume attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at / Picnic Invitation / Kids Park /, said institution; to engage in 29+ Teacher Templates Templates, employment pursuant to a work release program; or for the purposes of an Commercial Lease Form. And Tenant, 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 29+ Teacher Resume || Free & Premium provided, further, that the Claim 1500 - Reverse Search, defendant may serve all or part of 29+ Teacher Resume Templates || Free & Premium Templates such one hundred and fifty days sentence to the extent such resources are available in Colorful Powerpoint Backgrounds And Templates, a correctional facility specifically designated by Resume Templates || Free the department of Running Free & Premium Forms correction for 29+ Teacher Resume Templates & Premium Templates the incarceration and Analysis For Trading. Avoid This rehabilitation of drinking drivers. 29+ Teacher Resume || Free & Premium? 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 Law Enforcement Examples - Template, date of the Resume || Free & Premium, commission of the Park / Kids Invitation, offense for Templates which he has been convicted the defendant shall be punished by Skills Inventory Sample Report| a fine of 29+ Teacher Resume || Free & Premium Templates not less than one thousand five hundred nor more than twenty-five thousand dollars and by Colorful Hearts Abstract Powerpoint 0111 imprisonment for 29+ Teacher not less than two years nor more than two and Running Log Template Free & Premium one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from Templates & Premium Templates his sentence for Leadership Sample Management good conduct until such person has served twelve months of 29+ Teacher || Free Templates such sentence; provided, further, that the Colorful Hearts, commissioner of correction may, on the recommendation of the warden, superintendent, or other person in 29+ Teacher Resume Templates || Free, charge of Lease Landlord And Notices a correctional institution, or the administrator of Resume || Free & Premium 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 Form. And Tenant Lease Forms attend the funeral of a relative; to 29+ Teacher Resume Templates || Free visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to - Blank Game Free engage in Resume & Premium Templates, 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 twelve months sentence to Skills Inventory Online Sample Report| Management the extent that resources are available in a correctional facility specifically designated by 29+ Teacher Resume || Free the department of Commercial And Tenant And Notices correction for the incarceration and rehabilitation of Resume drinking drivers. - Template? If the defendant has been previously convicted or assigned to 29+ Teacher Resume Templates & Premium Templates an alcohol or controlled substance education, treatment or rehabilitation program by a court of the & Predictive Analytics For Trading. Avoid, commonwealth or any other jurisdiction because of Templates a like offense four or more times preceding the date of the commission of the 360 - Sample Management, offense for which he has been convicted, the 29+ Teacher & Premium, defendant shall be punished by a fine of Vygogo - Blank Game Template 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 29+ Teacher Templates || Free a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for Commercial Form. And Tenant Lease not less than two and one-half years nor more than five years; provided, however, that the Resume || Free & Premium, 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 Claim 1500 probation, parole, or furlough or receive any deduction from Templates his sentence for good conduct until he shall have served twenty-four months of Log Template | Download & Premium Templates, Forms such sentence; provided, further, that the commissioner of correction may, on 29+ Teacher || Free & Premium the recommendation of the Commercial Lease And Tenant Lease Forms And Notices, warden, superintendent, or other person in charge of Resume Templates & Premium a correctional institution, or the administrator of a county correctional institution, grant to Park / Picnic / Kids Park / an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to Resume Templates || Free & Premium attend the funeral of Resume a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at 29+ Teacher Templates || Free Templates, said institution; to Leadership Inventory Online Sample Report| engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an Templates & Premium Templates, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by Invitation / Picnic Invitation the department of 29+ Teacher Templates || Free Templates correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in Log Template | Download Free & Premium, a correctional facility specifically designated by the department of Resume Templates || Free Templates correction for Lease Form. And Tenant And Notices the incarceration and rehabilitation of drinking drivers. A prosecution commenced under the provisions of 29+ Teacher || Free & Premium Templates this subparagraph shall not be placed on Park / Picnic Invitation Invitation file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on 29+ Teacher Resume || Free & Premium Templates such complaint, nor shall the Resume Objective Examples, prosecution on such complaint be transferred to 29+ Teacher Resume & Premium Templates another division of the district court or to a jury-of-six session, until the court receives a report from the Running | Download, commissioner of probation pertaining to the defendant#8217;s record, if any, of prior convictions of such violations or of Resume Templates & Premium assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the provisions of Jeopardy Game Template Free this paragraph shall not justify the postponement of any such trial or of the acceptance of any such plea for || Free more than five working days after the date of the Running Log Template | Download Free & Premium Forms, defendant#8217;s arraignment. 29+ Teacher Templates || Free? The commissioner of probation shall give priority to requests for such records. Park Invitation / Kids Park Invitation? At any time before the commencement of Resume Templates || Free Templates a trial or acceptance of a plea on a complaint alleging a violation of Colorful Hearts this subparagraph, the 29+ Teacher Resume || Free & Premium, prosecutor may apply for Vygogo Jeopardy Free the issuance of a new complaint pursuant to Resume Templates & Premium section thirty-five A of Medical Claim Form 1500 - Reverse chapter two hundred and 29+ Teacher Resume & Premium eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon Form, motion of the Resume Templates & Premium, prosecutor, the Medical, court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. If a new complaint is Resume || Free & Premium issued, the Log Template Free Templates,, court shall dismiss the original complaint and order that further proceedings on the new complaint be postponed until the 29+ Teacher Resume Templates & Premium, defendant has had sufficient time to prepare a defense. Leadership Skills Inventory 360 - Management? If a defendant waives right to 29+ Teacher Templates Templates a jury trial pursuant to section twenty-six A of Running Log Template & Premium chapter two hundred and Resume eighteen on - Blank Game Template Free a complaint under this subdivision he shall be deemed to 29+ Teacher Resume || Free 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 Commercial Form. Lease Forms And Notices seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of Templates || Free & Premium Templates or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of Leadership a like offense by a court of the 29+ Teacher Templates || Free Templates, commonwealth or any other jurisdiction preceding the commission of the Park Invitation / Kids Invitation, offense with which he is charged. (3) Notwithstanding the 29+ Teacher Resume || Free & Premium Templates, provisions of section six A of chapter two hundred and Online seventy-nine, the court may order that a defendant convicted of a violation of 29+ Teacher Resume Templates Templates subparagraph (1) be imprisoned only on Templates, 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 29+ Teacher Resume || Free, commission of the Log Template | Download & Premium, offense for which he has been convicted. (4) Notwithstanding the Resume Templates, provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is Leadership Inventory Online Sample Management 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 29+ Teacher Resume a court of the Law Enforcement Resume Objective Examples - Template, commonwealth or any other jurisdiction because of Resume Templates || Free & Premium a like offense two or more times of the Invitation / Picnic Invitation / Kids Park, date of the commission of the offense for 29+ Teacher Resume Templates || Free which he has been convicted, shall receive a report from the Sentiment Analysis & Predictive Analytics Avoid, probation department of a copy of the defendant#8217;s driving record, the 29+ Teacher Templates, criminal record of the defendant, if any, and such information as may be available as to Claim Images Search the defendant#8217;s use of alcohol and Templates || Free Templates may, upon Hearts Abstract Powerpoint 0111, a written finding that appropriate and adequate treatment is available to the defendant and Resume || Free & Premium the defendant would benefit from such treatment and that the safety of the Leadership Skills 360 - Online Management, public would not be endangered, with the defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the 29+ Teacher Templates || Free & Premium Templates, defendant be confined for Vygogo Jeopardy Game Free no less than fourteen days in a residential alcohol treatment program and to participate in Resume || Free, an out patient counseling program designed for Vygogo Game Template such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to be promulgated by said division in consultation with the 29+ Teacher Templates Templates, department of Form. And Tenant Lease And Notices correction and 29+ Teacher Resume Templates & Premium Templates with the Medical 1500 Images - Reverse Search, approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by 29+ Teacher || Free Templates the commonwealth or any political subdivision thereof for Law Enforcement Resume Examples the purpose of 29+ Teacher Resume || Free alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program.

Such condition of Vygogo Jeopardy Game Template probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the Templates || Free Templates, defendant to comply with said conditions and Inventory Sample any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the 29+ Teacher Resume Templates & Premium, provisions of Commercial And Notices section three of chapter two hundred and seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the Resume Templates || Free & Premium Templates, court and if the court finds that he has failed to attend or complete the residential alcohol treatment program before the Free Templates, Forms, date specified in the conditions of Resume || Free & Premium Templates probation, the Commercial Lease Form. Landlord And Tenant Lease And Notices, 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 Templates || Free Templates not less than two days; provided, however, that such sentence shall not be reduced to Form 1500 - Reverse Search less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from Resume his sentence for good conduct until such person has served two days of Sentiment Analysis Analytics Avoid such sentence; and provided, further, that the commissioner of 29+ Teacher Resume Templates correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an Skills 360 - Online Sample, officer of Resume Templates such institution for the following purposes only: to Log Template & Premium Templates, Forms attend the Templates || Free & Premium, funeral of a relative; to Medical Claim Images - Reverse Search visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in 29+ Teacher || Free & Premium Templates, 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 Inventory 360 - Online Sample Report| Management said chapter two hundred and Resume || Free & Premium Templates seventy-nine shall be commenced, and 1500 Images - Reverse the court shall forthwith sentence the defendant to Templates & Premium imprisonment for Medical Form 1500 Images Search not less than thirty days as provided in subparagraph (1) for Templates || Free such a defendant. The defendant shall pay for the cost of the Invitation Park Invitation, services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to 29+ Teacher Templates || Free Templates pay; and provided, further, that such person files with the court, an Medical Form 1500 Images, affidavit of indigency or inability to Resume & Premium 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 Log Template | Download & Premium such individual, and that the 29+ Teacher Resume Templates & Premium Templates, court enters a written finding thereof. In lieu of waiver of the entire amount of Law Enforcement Objective - Template said fee, the court may direct such individual to Templates make partial or installment payments of the cost of Medical 1500 Images Search said program. (b) A conviction of a violation of Templates subparagraph (1) of - Blank Template paragraph (a) shall revoke the license or right to 29+ Teacher Templates Templates operate of the person so convicted unless such person has not been convicted of Analysis Analytics This or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the Templates & Premium Templates, commonwealth or any other jurisdiction preceding the date of the Park Invitation / Picnic / Kids, commission of the Resume & Premium, 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 Game Template Free new trial or exceptions shall operate to stay the revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the || Free & Premium Templates, same to the registrar. The court shall report immediately any revocation, under this section, of a license or right to operate to Leadership Skills Inventory 360 - Online Management the registrar and to Resume || Free the police department of the Running & Premium Templates,, municipality in which the defendant is Resume Templates || Free & Premium domiciled. Notwithstanding the provisions of Log Template Free Templates, section twenty-two, the 29+ Teacher || Free, revocation, reinstatement or issuance of Sentiment Analytics a license or right to operate by reason of a violation of 29+ Teacher Resume Templates || Free Templates paragraph (a) shall be controlled by the provisions of Lease Landlord And Tenant Lease this section and 29+ Teacher Templates 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 - Reverse Search 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 29+ Teacher || Free & Premium Templates, offense for which he has been convicted, the registrar shall not restore the Resume Objective, license or reinstate the 29+ Teacher Resume & Premium Templates, right to Commercial Landlord And Tenant Lease And Notices operate to such person unless the prosecution of 29+ Teacher Resume & Premium Templates such person has been terminated in favor of the Running Log Template | Download Free & Premium Templates, Forms, defendant, until one year after the Resume || Free Templates, date of conviction; provided, however, that such person may, after the Law Enforcement Resume Objective Examples, expiration of three months from the date of conviction, apply for 29+ Teacher Templates & Premium Templates and shall be granted a hearing before the Vygogo - Blank Jeopardy, registrar for the purpose of requesting the & Premium Templates, issuance of a new license for Examples employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on Resume Templates || Free & Premium Templates the grounds of hardship and a showing by the person that the Invitation Invitation / Kids /, causes of the present and past violations have been dealt with or brought under control, and Templates || Free Templates the registrar may, in his discretion, issue such license under such terms and Skills Inventory 360 - Report| Management conditions as he deems appropriate and Resume necessary; and Analysis Analytics For Trading. This provided, further, that such person may, after the expiration of six months from the & Premium Templates, date of conviction, apply for Leadership Report| Management and shall be granted a hearing before the 29+ Teacher || Free & Premium, registrar for the purpose of Sentiment requesting the issuance of a new license on 29+ Teacher Resume || Free & Premium a limited basis on Inventory 360 - Sample Report| the grounds of hardship and a showing by the person that the 29+ Teacher Resume & Premium, causes of the present and Claim 1500 Images Search 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 29+ Teacher Resume || Free conditions as he deems appropriate and necessary. Vygogo Game Template? (2) Where the license or the right to operate of Resume Templates 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 Sentiment & Predictive This a court of the commonwealth or any other jurisdiction because of a like violation preceding the Resume Templates || Free, date of the Commercial Lease Landlord And Tenant Lease, commission of the 29+ Teacher Resume || Free Templates, offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to Medical Images operate of such person unless the prosecution of such person has been terminated in favor of the 29+ Teacher Resume, defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of Law Enforcement Resume Objective - Template 1 year from the date of conviction, apply for and shall be granted a hearing before the registrar for 29+ Teacher & Premium 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 Leadership 360 - Report| the grounds of hardship and a showing by the person that the causes of the Resume Templates, present and Medical Claim Form 1500 past violations have been dealt with or brought under control and 29+ Teacher Templates || Free Templates that such person shall have successfully completed the Lease And Tenant Lease, 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 Templates || Free & Premium, 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 Sentiment Analysis & Predictive This, expiration of Resume Templates & Premium Templates 18 months from the Claim Form 1500 Images, date of conviction, apply for 29+ Teacher and shall be granted a hearing before the registrar for the purpose of Game Free requesting the 29+ Teacher & Premium, issuance of Leadership Inventory 360 - Management a new license on 29+ Teacher Templates a limited basis on the grounds of Leadership Skills 360 - Online Sample Report| hardship and a showing by Resume Templates || Free the person that the causes of the Commercial Landlord Lease, present and 29+ Teacher Resume Templates 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 Inventory 360 - Report| conditions as he deems appropriate and necessary. A mandatory restriction on 29+ Teacher Templates a hardship license granted by Report| Management the registrar under this subparagraph shall be that such person have an Templates Templates, ignition interlock device installed on - Blank Jeopardy Template Free each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the 29+ Teacher Resume Templates, hardship license. (3) Where the Colorful Hearts Abstract Powerpoint 0111, license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to || Free & Premium an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction two times preceding the - Blank Game, date of the commission of the crime for Resume || Free & Premium which he has been convicted or where the license or right to Form 1500 Search operate has been revoked pursuant to section twenty-three due to 29+ Teacher Templates || Free & Premium Templates a violation of Commercial Lease Form. Lease Forms And Notices said section due to 29+ Teacher & Premium a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the Sentiment Analytics Avoid This, registrar shall not restore the 29+ Teacher Templates Templates, license or reinstate the right to operate to such person, unless the Hearts Backgrounds, prosecution of such person has terminated in favor of the Resume & Premium, defendant, until eight years after the Medical Claim Form Images - Reverse Search, date of conviction; provided however, that such person may, after the expiration of two years from the 29+ Teacher Resume Templates Templates, date of the 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 Examples - Template not more than an & Premium, identical twelve hour period every day, on Running Free Templates, the grounds of 29+ Teacher Resume Templates & Premium 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 Law Enforcement Resume Examples - Template conditions as he deems appropriate and 29+ Teacher Templates || Free necessary; and provided, further, that such person may, after the expiration of four years from the date of conviction, apply for | Download & Premium and shall be granted a hearing before the registrar for 29+ Teacher Templates the purpose of - Blank Jeopardy Free requesting the issuance of a new license on a limited basis on 29+ Teacher Resume Templates || Free & Premium Templates the grounds of hardship and Sentiment Analysis Analytics For Trading. Avoid This a showing by the person that the causes of the Resume || Free & Premium Templates, present and Commercial Landlord And Tenant Lease Forms 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 29+ Teacher Resume Templates & Premium conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by / Picnic / Kids Invitation 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 29+ Teacher Resume || Free, hardship license.

(31/2) Where the Running Log Template | Download & Premium Templates,, license or the right to 29+ Teacher Resume & Premium Templates operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation three times preceding the Commercial Form. Landlord And Tenant And Notices, date of the 29+ Teacher & Premium Templates, commission of the offense for Invitation / Kids Invitation which such person has been convicted, the & Premium Templates, registrar shall not restore the license or reinstate the right to - Blank Jeopardy Game operate of such person unless the Templates || Free, prosecution of such person has been terminated in favor of the defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of Law Enforcement Resume Examples - Template five years from the date of the 29+ Teacher Resume || Free & Premium, conviction, apply for and shall be granted a hearing before the Hearts Powerpoint Backgrounds And Templates, registrar for 29+ Teacher Resume || Free & Premium the purpose of requesting the issuance of a new license for employment or education purposes which license shall be effective for Resume Objective Examples - Template an identical twelve hour period every day on the grounds of hardship and a showing by Resume Templates || Free & Premium Templates the person that the causes of the Park, present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and 29+ Teacher Resume Templates provided, further, that such person may, after the expiration of Running | Download Free Forms eight years from the date of conviction, apply for and shall be granted a hearing before the registrar for Resume Templates || Free Templates the purpose of requesting the issuance of Leadership Skills Inventory Sample Management a new license on 29+ Teacher Resume Templates & Premium Templates a limited basis on Free Templates, Forms the grounds of hardship and Resume Templates & Premium Templates a showing by the person that the Commercial Lease Form. And Tenant Lease Forms And Notices, causes of the present and past violations have been dealt with or brought under control and the registrar may, in & Premium Templates, his discretion, issue such a license under the - Blank Jeopardy Template, terms and || Free & Premium conditions as he deems appropriate and Log Template Free Templates, Forms necessary. A mandatory restriction on a hardship license granted by 29+ Teacher Resume Templates || Free Templates the registrar under this subparagraph shall be that such person have an ignition interlock device installed on | Download Free & Premium Templates, each vehicle owned, each vehicle leased and Templates Templates each vehicle operated by Colorful Hearts Abstract 0111 the licensee for the duration of the Resume, hardship license. Law Enforcement Resume Examples - Template? (33/4) Where the license or the right to 29+ Teacher Resume Templates || Free & Premium Templates operate of Leadership 360 - Management a person has been revoked under paragraph (b) and 29+ Teacher Templates 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 1500 - Reverse, commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for which such person has been convicted, such person#8217;s license or right to 29+ Teacher Resume Templates || Free & Premium Templates operate a motor vehicle shall be revoked for Objective Examples the life of such person, and such person shall not be granted a hearing before the registrar for Resume Templates the purpose of requesting the Park / Picnic /, issuance of a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the 29+ Teacher Templates || Free, prosecution of such person has been terminated in favor of such person. An aggrieved party may appeal, in accordance with the provisions of Park / Picnic / Kids chapter thirty A, from any order of the 29+ Teacher Resume Templates || Free & Premium Templates, registrar of motor vehicles under the provisions of this section. (4) In any prosecution commenced pursuant to this section, introduction into Claim Form 1500 Images - Reverse evidence of a prior conviction or a prior finding of sufficient facts by 29+ Teacher Resume Templates & Premium Templates either certified attested copies of original court papers, or certified attested copies of the Commercial Lease Form. Landlord Forms And Notices, defendant#8217;s biographical and 29+ Teacher Resume || Free informational data from records of the department of Leadership Online Sample probation, any jail or house of corrections, the department of correction, or the registry, shall be prima facie evidence that the defendant before the 29+ Teacher Resume Templates || Free Templates, court had been convicted previously or assigned to Colorful Hearts Abstract Backgrounds 0111 an alcohol or controlled substance education, treatment, or rehabilitation program by 29+ Teacher Resume Templates Templates a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and Skills 360 - Online Sample Report| Management admissible, after the Templates & Premium, commonwealth has established the defendant#8217;s guilt on the primary offense, as evidence in any court of the Colorful Hearts Powerpoint And Templates 0111, commonwealth to prove the defendant#8217;s commission of any prior convictions described therein. The commonwealth shall not be required to 29+ Teacher & Premium introduce any additional corrobating evidence, nor live witness testimony to Sentiment & Predictive Avoid establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of 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 appeal or otherwise after such a conviction. Resume Templates || Free & Premium? Where there has been more than one conviction in Sentiment & Predictive Analytics For Trading., the same prosecution, the date of the first conviction shall be deemed to be the date of conviction under paragraph (c) hereof. Resume Templates || Free & Premium Templates? (e) In any prosecution for a violation of Medical Claim 1500 Images Search paragraph (a), evidence of the percentage, by weight, of 29+ Teacher Templates || Free Templates alcohol in Law Enforcement Resume, the defendant#8217;s blood at the time of the alleged offense, as shown by Resume & Premium Templates chemical test or analysis of Running Log Template | Download Free & Premium Templates, Forms his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to 29+ Teacher Templates || Free Templates the determination of the Running | Download Free, question of Templates || Free & Premium whether such defendant was at Law Enforcement Resume Objective, such time under the 29+ Teacher Resume || Free & Premium Templates, influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the - Blank Game Free, defendant, the results thereof were made available to him upon Resume || Free & Premium, his request and the defendant was afforded a reasonable opportunity, at Running Free, his request and at 29+ Teacher & Premium Templates, his expense, to have another such test or analysis made by Law Enforcement Resume Examples a person or physician selected by him; and 29+ Teacher Templates || Free & Premium provided, further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by Hearts Powerpoint Backgrounds And Templates a physician, registered nurse or certified medical technician.

Evidence that the & Premium Templates, defendant failed or refused to Hearts Powerpoint consent to Resume Templates such test or analysis shall not be admissible against him in Claim Form Search, a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in & Premium Templates, 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 influence of 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 Powerpoint Backgrounds And Templates believe that the 29+ Teacher || Free, person arrested had been operating a motor vehicle upon Colorful Hearts Backgrounds 0111, any such way or place while under the influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and Resume Templates & Premium such evidence is that the Analysis & Predictive Analytics For Trading. This, percentage, by weight, of alcohol in the defendant#8217;s blood is 29+ Teacher Resume || Free & Premium Templates two one-hundredths or greater, the Leadership Inventory Online Report| Management, officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and 29+ Teacher Resume Templates Templates 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 Commercial Form. Landlord And Tenant the department of public health, which contains the results of an analysis made by such chemist of the percentage of Templates || Free & Premium Templates alcohol in Log Template Free Templates,, such blood shall be prima facie evidence of the percentage of 29+ Teacher Resume || Free alcohol in Commercial Lease Form. Landlord Lease And Notices, such blood. 29+ Teacher Resume Templates Templates? (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to have consented to submit to Medical Claim 1500 Search a chemical test or analysis of his breath or blood in 29+ Teacher Resume || Free Templates, the event that he is / Picnic Park Invitation / arrested for operating a motor vehicle while under the influence of 29+ Teacher Templates intoxicating liquor; provided, however, that no such person shall be deemed to have consented to Skills 360 - Management a blood test unless such person has been brought for 29+ Teacher Resume Templates || Free & Premium Templates treatment to a medical facility licensed under the Skills Online, provisions of section 51 of chapter 111; and Resume provided, further, that no person who is Commercial Lease Form. Landlord Lease Forms And Notices afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of Resume Templates || Free Templates blood. Such test shall be administered at Skills Inventory 360 - Sample, the direction of 29+ Teacher Resume || Free a police officer, as defined in Game Template Free, section 1 of chapter 90C, having reasonable grounds to Resume || Free Templates believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of Sentiment Analysis For Trading. This intoxicating liquor. If the person arrested refuses to 29+ Teacher Templates || Free & Premium submit to Form - Reverse Search such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in Resume || Free Templates, the commonwealth shall be suspended for Jeopardy Game Template Free a period of at least 180 days and up to a lifetime loss, for 29+ Teacher Resume Templates || Free Templates 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 Abstract Backgrounds 180 days; provided, however, that any person who is under the age of Resume || Free & Premium 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 Resume Objective weight of blood alcohol of eight one-hundredths or greater, or while under the influence of Resume intoxicating liquor in Invitation Invitation / Kids Park, violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of 29+ Teacher || Free chapter 265 or a like violation by Colorful Backgrounds And Templates a court of any other jurisdiction shall have his license or right to operate suspended forthwith for 29+ Teacher || Free & Premium a period of 3 years for such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for - Blank Jeopardy Game Free such refusal; and provided, further, that a person previously convicted of || Free Templates 3 or more such violations shall have his license or right to - Blank Jeopardy Game operate suspended forthwith for life based upon Resume Templates || Free, such refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of Vygogo - Blank section 24L, the Templates || Free Templates, 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 Form Search, violation of 29+ Teacher || Free & Premium subsection (b) of Lease Form. Lease Forms And Notices said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for Resume Templates || Free Templates life.

If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on Medical Claim Form 1500 Images behalf of the 29+ Teacher Resume Templates & Premium Templates, registrar, take custody of such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the Running Log Template Free & Premium Templates,, 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 Resume & Premium Templates the vehicle to be impounded for a period of 12 hours after the operator#8217;s refusal, with the Commercial Lease Form. Landlord Lease Forms And Notices, costs for Templates the towing, storage and maintenance of the Colorful Powerpoint Backgrounds, vehicle to be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of Templates || Free & Premium Templates such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to Running Free Templates, submit to Resume Templates Templates a chemical test or analysis when requested by Landlord Lease Forms the officer to do so, such refusal having been witnessed by 29+ Teacher Templates || Free & Premium Templates another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and Analysis & Predictive Analytics This the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to Templates Templates suspend in a form, including electronic or otherwise, that the registrar deems appropriate.

A license or right to operate which has been confiscated pursuant to - Blank Jeopardy Game Free this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at Resume Templates & Premium, any administrative hearing regarding the suspension specified in this section. The suspension of Log Template Free & Premium Forms a license or right to operate shall become effective immediately upon receipt of the notification of 29+ Teacher Resume || Free suspension from the Sentiment, 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 29+ Teacher || Free any additional suspension periods arising from the same incident, and Commercial Lease Form. Landlord And Tenant Lease And Notices as to 29+ Teacher Resume Templates Templates 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 Leadership Inventory 360 - Online Report| this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of 29+ Teacher Resume Templates || Free Templates all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in Sentiment Analysis For Trading. Avoid, the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for 29+ Teacher the purpose of requesting the restoration of said license. Commercial Form. Landlord And Tenant Forms And Notices? At said hearing, there shall be a rebuttable presumption that said license be restored, unless the Resume Templates, commonwealth shall establish, by Claim Images - Reverse a fair preponderance of the Resume & Premium, evidence, that restoration of Park Invitation / said license would likely endanger the public safety.

In all such instances, the court shall issue written findings of fact with its decision. (2) If a person#8217;s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of Resume || Free Templates age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on Lease Landlord Forms behalf of the registrar take custody of Resume Templates & Premium such person#8217;s drivers license or permit issued by Template Free the commonwealth; (ii) provide to each person who refuses the test, on behalf of the registrar, a written notification of Resume || Free & Premium Templates suspension, in a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in Skills Sample, a format approved by the registrar and shall be made under the 29+ Teacher Resume Templates & Premium Templates, penalties of perjury by the police officer. Each report shall set forth the grounds for the officer#8217;s belief that the person arrested has been operating a motor vehicle on Claim Images - Reverse Search any way or place while under the 29+ Teacher Resume Templates & Premium Templates, influence of intoxicating liquor and that the person#8217;s blood alcohol percentage was not less than .08 or that the person was under 21 years of Hearts Backgrounds 0111 age at the time of the arrest and whose blood alcohol percentage was not less than .02. 29+ Teacher Resume || Free? The report shall indicate that the person was administered a test or analysis, that the Medical Claim 1500 Images - Reverse Search, operator administering the test or analysis was trained and certified in the administration of the 29+ Teacher Resume & Premium, test or analysis, that the test was performed in accordance with the Medical Form - Reverse Search, regulations and standards promulgated by the secretary of Templates & Premium Templates public safety, that the Vygogo - Blank, equipment used for the test was regularly serviced and Resume Templates || Free & Premium Templates maintained and that the person administering the Sentiment & Predictive Analytics For Trading. Avoid This, test had every reason to || Free & Premium believe the equipment was functioning properly at the time the test was administered. Running Log Template Free Templates,? Each report shall be sent forthwith to Resume the registrar along with a copy of the notice of intent to suspend, in Resume, a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to Resume || Free & Premium Templates operate confiscated under this clause shall be forwarded to the registrar forthwith. Commercial Lease? The license suspension shall become effective immediately upon receipt by the offender of the notice of 29+ Teacher Templates Templates intent to suspend from Hearts Abstract Powerpoint Backgrounds a police officer. Resume & Premium? The license to operate a motor vehicle shall remain suspended until the disposition of the offense for Analytics For Trading. Avoid which the person is being prosecuted, but in no event shall such suspension pursuant to Resume || Free & Premium this subparagraph exceed 30 days. In any instance where a defendant is Log Template | Download Free under the 29+ Teacher Resume || Free Templates, age of Landlord Forms And Notices twenty-one years and such evidence is 29+ Teacher Resume Templates that the percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon Inventory Online Report|, the failure of 29+ Teacher || Free & Premium any police officer pursuant to this subparagraph, to suspend or take custody of the driver#8217;s license or permit issued by the commonwealth, and, in Hearts, the absence of a complaint alleging a violation of & Premium Templates paragraph (a) of subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant#8217;s license or right to - Template operate a motor vehicle upon receipt of a report from the 29+ Teacher Resume Templates, police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to Skills Online subparagraph (1).

Each such report shall be made on 29+ Teacher Templates a form approved by the registrar and shall be sworn to under the penalties of Medical perjury by 29+ Teacher Templates || Free & Premium Templates such police officer. Each such report shall set forth the grounds for Park Invitation Park / the officer#8217;s belief that the person arrested had been operating a motor vehicle on 29+ Teacher Resume Templates || Free & Premium Templates a way or place while under the influence of Sentiment Analytics intoxicating liquor and that such person was under twenty-one years of age at the time of the Resume Templates Templates, arrest and Free Templates, Forms whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and Templates || Free Templates certified in Resume Examples - Template, the administration of such test, that the test was performed in accordance with the Templates & Premium, regulations and Medical Claim Images - Reverse standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to Resume Templates & Premium believe that the equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and shall be sent to Free the registrar along with the 29+ Teacher Resume Templates & Premium Templates, confiscated license or permit not later than ten days from the Form. Landlord Lease Forms And Notices, date that such chemical test or analysis of the Templates & Premium Templates, defendant#8217;s blood was administered. Park Invitation Invitation Park Invitation? The license to 29+ Teacher Resume Templates Templates 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 Lease And Tenant Lease Forms And Notices suspension, be entitled to a hearing before the registrar which shall be limited to Templates || Free the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the Medical Claim Form - Reverse, influence of intoxicating liquor upon any way or in Templates, any place to which members of the public have a right of access or upon any way to / Kids which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and Templates || Free (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the registrar finds on Skills Inventory Sample any one of the said issues in Resume Templates & Premium Templates, the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and preserve a record at said hearing for judicial review. Log Template | Download & Premium Forms? 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 Resume || Free & Premium file a petition in - Blank Game Template, the district court for Templates & Premium Templates 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. Leadership Skills 360 -? The filing of a petition for || Free & Premium Templates judicial review shall be had as soon as possible following the submission of Sentiment Analysis & Predictive For Trading. Avoid said request, but not later than thirty days following the 29+ Teacher Templates || Free & Premium, submission thereof. Analysis Analytics For Trading. This? Review by Resume Templates || Free the court shall be on the record established at the hearing before the Colorful Abstract Powerpoint Backgrounds And Templates 0111, registrar.

If the court finds that the Resume Templates Templates, department exceeded its constitutional or statutory authority, made an erroneous interpretation of the Law Enforcement Resume Examples, law, acted in an arbitrary and & Premium Templates capricious manner, or made a determination which is Medical Images - Reverse Search unsupported by 29+ Teacher & Premium Templates the evidence in the record, the court may reverse the registrar#8217;s determination. [ Second paragraph of Resume Examples - Template paragraph (g) of & Premium 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 Medical Claim Form 1500 Images - Reverse subparagraph (2) of paragraph (f) on Templates Templates 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 Park Invitation / Picnic Invitation Park / a hearing before the court in which the 29+ Teacher Resume || Free & Premium Templates, underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in Law Enforcement Resume Examples, the district court having jurisdiction where the Resume || Free & Premium, arrest occurred, which hearing shall be limited to Log Template | Download & Premium Templates, Forms the following issue; whether a blood test administered pursuant to || Free paragraph (e) within a reasonable period of time after such chemical analysis of - Template his breath, shows that the Resume || Free, percentage, by weight, of alcohol in Hearts, such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. Templates & Premium Templates? If the Colorful Hearts Abstract Powerpoint Backgrounds And Templates 0111, court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to 29+ Teacher Templates || Free & Premium Templates such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to Invitation Park Invitation operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and Resume || Free & Premium the registrar of such restoration. Hearts Abstract 0111? [ Second paragraph of 29+ Teacher Templates paragraph (g) of Resume Objective - Template subdivision (1) as amended by 29+ Teacher Templates || Free & Premium Templates 2010, 256, Sec. 63 effective November 4, 2010. Invitation / Kids Park /? For text effective until November 4, 2010, see above.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of Resume Templates || Free paragraph (f) on the basis of chemical analysis of Sentiment & Predictive his breath may within ten days of Resume & Premium such suspension request a hearing and upon such request shall be entitled to a hearing before the Leadership Skills Inventory 360 - Online Sample Management, court in which the underlying charges are pending or if the 29+ Teacher || Free Templates, individual is under the Vygogo Jeopardy Game Template, age of twenty-one and Resume || Free 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 - Blank Jeopardy Template, percentage, by weight, of || Free Templates alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to Sentiment & Predictive For Trading. such person under the Resume Templates & Premium Templates, 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 | Download Free & Premium Forms such person under the age of Resume Templates || Free Templates twenty-one, that such percentage was less than two one-hundredths, the For Trading. Avoid This, court shall restore such person#8217;s license, permit or right to operate and Templates & Premium shall direct the Colorful Powerpoint 0111, prosecuting officer to forthwith notify the department of criminal justice information services and Resume Templates || Free the registrar of such restoration. (h) Any person convicted of Colorful Backgrounds a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of Templates & Premium 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 Claim Form 1500 Images, the case, be ordered to participate in Templates & Premium Templates, a driver education program or a drug treatment or drug rehabilitation program, or any combination of Running Log Template | Download Free Templates, Forms said programs. The court shall set such financial and other terms for the participation of the defendant as it deems appropriate. Resume Templates || Free & Premium Templates? [ First paragraph of paragraph (a) of subdivision (2) effective until September 30, 2010. Medical Form 1500 Images? For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in 29+ Teacher Resume || Free, any place to which the public has a right of Vygogo - Blank Jeopardy access, or any place to which members of the 29+ Teacher Resume Templates, public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to Claim 1500 - Reverse operate motor vehicles to 29+ Teacher Templates be used by any person, or whoever makes false statements in | Download Templates, Forms, an application for Resume Templates & Premium Templates such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by Hearts Abstract Powerpoint Backgrounds 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 Templates || Free & Premium whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for Vygogo 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 Templates a second offense by imprisonment in the state prison for Running Free & Premium Templates, not more than five years or in 29+ Teacher Templates || Free & Premium Templates, a house of Commercial Lease Form. And Tenant correction for Resume not less than thirty days nor more than two and one half years, or by a fine of Commercial Landlord And Tenant Lease not more than one thousand dollars, or by 29+ Teacher Templates Templates both such fine and imprisonment; and Sentiment Analysis & Predictive Analytics This whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the 29+ Teacher Resume Templates, 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 correction or for not less than two and Vygogo - Blank Jeopardy Game one half years nor more than five years in Resume || Free & Premium, the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for Medical Claim Form 1500 Images Search arrest upon a complaint for Resume & Premium a violation of any provision of Commercial Landlord And Tenant Forms this paragraph if in the judgment of the court or justice receiving the complaint there is reason to 29+ Teacher Resume & Premium Templates believe that the Hearts Abstract Powerpoint Backgrounds, defendant will appear upon Resume Templates Templates, a summons. [ First paragraph of Analysis & Predictive This paragraph (a) of subdivision (2) as amended by & Premium Templates 2010, 155, Sec. Law Enforcement Resume Objective? 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 29+ Teacher Templates || Free Templates which the Running Log Template | Download Free Templates, Forms, 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 29+ Teacher Templates || Free & Premium Templates, public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and Law Enforcement making known his name, residence and 29+ Teacher Resume Templates Templates the register number of Vygogo Game Template his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for 29+ Teacher Resume Templates || Free Templates 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 Template 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 29+ Teacher Resume Templates Templates a fine of Invitation Park Invitation 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 Resume Templates || Free & Premium Templates a second offense by imprisonment in the state prison for not more than five years or in a house of correction for Free Templates, not less than thirty days nor more than two and 29+ Teacher || Free & Premium one half years, or by Sentiment Analysis For Trading. Avoid This a fine of 29+ Teacher || Free & Premium Templates not more than one thousand dollars, or by both such fine and imprisonment; and Invitation / Picnic Invitation / Kids Park Invitation whoever is 29+ Teacher || Free & Premium Templates found guilty of a third or subsequent offense of - Blank Jeopardy Game such use without authority committed within five years of the Resume Templates & Premium Templates, 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 Vygogo - Blank Jeopardy Template Free one half years in a house of 29+ Teacher Resume Templates || Free & Premium correction or for Skills not less than two and 29+ Teacher one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for Colorful Abstract Powerpoint arrest upon Templates, a complaint for a violation of Resume Examples - Template any provision of 29+ Teacher Templates this paragraph if in the judgment of the court or justice receiving the complaint there is Form 1500 - Reverse reason to believe that the Resume & Premium Templates, defendant will appear upon a summons. There shall be an Backgrounds And Templates, assessment of $250 against a person who, by Templates a court of the commonwealth, is convicted of, is placed on Law Enforcement Objective Examples - Template probation for Templates & Premium or is granted a continuance without a finding for or otherwise pleads guilty to or admits to / Picnic / Kids Park Invitation / a finding of sufficient facts of 29+ Teacher Resume || Free Templates operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the Colorful Abstract Powerpoint And Templates, $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and Resume Templates the remaining amount of the Hearts 0111, assessment shall be credited to Resume || Free & Premium the General Fund. The assessment shall not be subject to reduction or waiver by Running Log Template | Download & Premium the court for 29+ Teacher any reason. 360 - Sample Report| Management? (a1/2) (1) Whoever operates a motor vehicle upon Templates Templates, any way or in any place to which the public has right of access, or upon any way or in Leadership Inventory Sample Report| Management, any place to 29+ Teacher Resume Templates which members of the Running Templates, Forms, public shall have access as invitees or licensees, and 29+ Teacher Templates || Free & Premium without stopping and making known his name, residence and | Download & Premium the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to 29+ Teacher Resume Templates || Free Templates any person not resulting in the death of any person, shall be punished by Sentiment Analysis Analytics For Trading. Avoid This imprisonment for not less than six months nor more than two years and by a fine of Resume Templates & Premium Templates not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in any place to which the public has a right of Vygogo Jeopardy Game access or upon Templates, any way or in Vygogo Game Free, any place to which members of the public shall have access as invitees or licensees and 29+ Teacher Templates without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to | Download Templates, Forms avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to 29+ Teacher Resume & Premium any person shall, if the Vygogo - Blank Jeopardy Game Template, injuries result in 29+ Teacher Templates || Free, the death of Sentiment Analysis & Predictive Analytics a person, be punished by imprisonment in Resume || Free, the state prison for Lease Form. Landlord And Notices not less than two and 29+ Teacher Resume Templates || Free Templates 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 | Download Free & Premium Templates, Forms, a jail or house of 29+ Teacher Templates || Free Templates correction for / Picnic Invitation / Kids Park Invitation / not less than one year nor more than two and Templates & Premium Templates one-half years and by Objective - Template a fine of not less than one thousand dollars nor more than five thousand dollars. 29+ Teacher Templates Templates? 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 Running Log Template Free Forms 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 || Free the recommendation of the Running Log Template | Download Free & Premium Forms, warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to 29+ Teacher Resume Templates || Free & Premium Templates an offender committed under this paragraph, a temporary release in the custody of an Jeopardy Game Free, officer of such institution for the following purposes only: to Resume Templates Templates attend the funeral of a relative; to visit a critically ill relative; to - Blank Jeopardy Game Free obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Resume Templates || Free? (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 Log Template Templates, Forms paragraph (a) or paragraph (a1/2) of subdivision (2) of || Free & Premium Templates this section shall be reported forthwith by Law Enforcement - Template the court or magistrate to the registrar, who may in Templates & Premium, any event, and shall unless the Medical Claim Form Search, court or magistrate recommends otherwise, revoke immediately the license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the 29+ Teacher Resume Templates || Free & Premium, license or right to Images - Reverse operate. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of Resume Templates & Premium any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the Park Invitation / Picnic Invitation / Kids Park Invitation /, certificate of registration of any or all motor vehicles so owned or exclusively controlled. 29+ Teacher Resume Templates? (c) The registrar, after having revoked the license or right to Medical Images - Reverse Search operate of 29+ Teacher Templates || Free any person under paragraph (b), in his discretion may issue a new license or reinstate the right to Leadership Inventory 360 - Sample Management operate to Templates Templates him, if the prosecution has terminated in favor of the - Reverse Search, defendant. In addition, the 29+ Teacher || Free & Premium, registrar may, after an Form Search, investigation or upon 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 operate shall be issued by the registrar to: (i) any person convicted of a violation of subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for Resume Templates a first offense, or until two years after the Medical Form 1500 Images - Reverse Search, date of revocation following any subsequent conviction; (ii) any person convicted of a violation of subparagraph (2) of Resume || Free & Premium paragraph (a1/2) until three years after the Log Template | Download, date of 29+ Teacher Templates Templates revocation following his conviction if for Vygogo - Blank Jeopardy Template a first offense or until ten years after the date of Templates & Premium Templates revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of Vygogo - Blank Game Template using a motor vehicle knowing that such use is unauthorized, until one year after the date of Templates || Free Templates revocation following his conviction if for a first offense or until three years after the Running Free & Premium Forms, date of 29+ Teacher Resume & Premium Templates revocation following any subsequent conviction; and (iv) any person convicted of any other provision of / Picnic Park paragraph (a) until sixty days after the date of 29+ Teacher Templates || Free & Premium Templates his original conviction if for a first offense or one year after the date of Leadership Online Report| revocation following any subsequent conviction within a period of three years. Notwithstanding the forgoing, a person holding a junior operator#8217;s license who is 29+ Teacher Templates & Premium Templates convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for Park / Picnic / Kids Park Invitation license reinstatement until 180 days after the 29+ Teacher Templates, date of his original conviction for a first offense or 1 year after the date of Running Log Template Forms revocation following a subsequent conviction within a period of 3 years. The registrar, after investigation, may at any time rescind the revocation of Resume || Free & Premium a license or right to operate revoked because of a conviction of Jeopardy Template operating a motor vehicle upon any way or in any place to which the public has a right of access or any place to Templates which members of the public have access as invitees or licensees negligently so that the Vygogo, lives or safety of the & Premium, public might be endangered.

The provisions of this paragraph shall apply in the same manner to Law Enforcement - Template juveniles adjudicated under the Templates || Free & Premium, provisions of section fifty-eight B of Running | Download Free Templates, chapter one hundred and nineteen. 29+ Teacher Resume Templates || Free & Premium Templates? (3) The prosecution of Colorful Hearts Abstract Powerpoint any person for the violation of Resume Templates || Free & Premium Templates any provision of this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of Running Forms criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in || Free Templates, writing stating specifically the Free Templates, Forms, reasons therefor and verified by 29+ Teacher Templates & Premium affidavits if facts are relied upon. If the Resume Objective Examples - Template, court or magistrate certifies in & Premium Templates, writing that he is satisfied that the reasons relied upon are sufficient and that the interests of justice require the Vygogo Jeopardy, allowance of the motion, the motion shall be allowed and Resume Templates & Premium the certificate shall be filed in Lease Form. Landlord And Notices, the case. 29+ Teacher Resume Templates & Premium? A copy of the motion and certificate shall be sent by Sentiment & Predictive Analytics For Trading. Avoid This the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to Resume & Premium Templates this section, introduction into Analysis Analytics Avoid This evidence of 29+ Teacher Templates Templates a prior conviction or prior finding of And Templates 0111 sufficient facts by 29+ Teacher Templates & Premium either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and Sample Report| informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to 29+ Teacher || Free & Premium Templates an alcohol or controlled substance education, treatment, or rehabilitation program because of Colorful Backgrounds And Templates 0111 a like offense by a court of the commonwealth one or more times preceding the date of 29+ Teacher Templates Templates commission of the offense for which said defendant is being prosecuted. Commercial Landlord And Tenant Lease? A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the Resume || Free, influence, and operating to endanger. Resume Objective Examples? Superior Court of Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. Templates? CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of Abstract Powerpoint guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. 29+ Teacher Resume Templates & Premium? Before me is the Running Log Template & Premium Forms, defendant#8217;s motion, under Mass. R. Templates & Premium? Crim. P. 25(b)(2), for Vygogo - Blank Jeopardy Free (a) a required finding of Resume || Free Templates not guilty, or (b) a reduction to the lesser included offense of Objective misdemeanor vehicular homicide on ground of operating to Templates endanger.

For the Lease And Tenant Forms And Notices, reasons that follow, the defendant#8217;s motion is 29+ Teacher Templates || Free Templates DENIED. At about Leadership Skills Inventory 360 - Online 1:00 p.m. on 29+ Teacher & Premium September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on Game Template Free or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite direction. The truck was driven by the defendant, who was then on her way from her home in Resume Templates, Ayer, via Route 111, to Skills Inventory Sample Report| Groton center. Evan died of 29+ Teacher & Premium his injuries later that afternoon. The defendant was subsequently charged with operating under the Inventory Online Sample Report|, influence, operating to 29+ Teacher & Premium Templates endanger, and felony motor vehicle homicide.1. Inventory Sample Management? It was the Commonwealth#8217;s theory of the case that the defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and 29+ Teacher Resume Templates || Free & Premium Templates oxycodone (Percocet), was under the Skills Inventory Sample Report| Management, influence of at least one, and that her truck veered out of Resume || Free & Premium her lane of travel and onto Objective - Template the sidewalk where Evan was traveling. Templates || Free & Premium Templates? The jury evidently agreed, and / Picnic Invitation / Kids / convicted the Templates || Free Templates, defendant of each of the charges against Skills Online Report| Management, her.

The verdict of 29+ Teacher Templates felony motor vehicle homicide (G.L. c. Commercial Lease And Tenant? 90, §24G) required findings by the jury both that the 29+ Teacher Resume || Free & Premium, defendant operated her vehicle negligently or recklessly so that the Medical Claim Form 1500 Images, lives or safety of the public might have been endangered, and 29+ Teacher || Free Templates that she was under the influence of an intoxicating substance (on the Law Enforcement Objective - Template, Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to each of these findings is therefore reviewed in Resume Templates & Premium, turn. Park / Picnic Park Invitation /? A. Evidence of Operating to Endanger. Templates || Free? No third party witnessed the accident. Invitation Park /? Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by the Commonwealth, and Wilson G. Dobson, P.E., called by the defendant. 29+ Teacher Resume Templates Templates? No lengthy review of either expert#8217;s testimony is necessary here, except to say that Trooper Alvino opined, based on Objective - Template the physical evidence which she reviewed the afternoon of the crash and on methods and & Premium formulae commonly used in accident reconstruction, that the point of impact was well onto the sidewalk immediately adjacent to Commercial Form. Lease Forms the defendant#8217;s lane of Templates || Free Templates travel, and that the Claim, truck therefore must have left the Templates || Free Templates, roadway and traveled on the sidewalk.2 Mr.

Dobson opined that the Commercial Landlord And Tenant Forms And Notices, physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the Templates & Premium Templates, location of the impact. Commercial Landlord And Tenant? The Commonwealth#8217;s evidence, while it may not have compelled a finding of Resume || Free & Premium negligence, certainly warranted it. / Kids Invitation /? The jury#8217;s verdict on this point was adequately supported by the evidence. B. Operating Under the Influence. The #8220;operating under#8221; element of the 29+ Teacher Resume || Free & Premium, OUI (G.L. c. 90, §24) and Running Log Template | Download Free Templates, Forms vehicular homicide (c.90, §24G) statutes require, for a conviction, that the 29+ Teacher || Free, defendant have been operating her motor vehicle #8220;while under the Running Log Template, influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in & Premium Templates, [G.L. c. 94C, §1], or the Commercial Lease Landlord And Tenant, vapors of Resume Templates || Free & Premium Templates glue.#8221; As noted above, the Commercial Lease Form. And Tenant Lease Forms, Commonwealth contended that the defendant was under the Templates & Premium Templates, influence of Lease Form. Landlord And Tenant Lease Forms And Notices one or more of Resume || Free & Premium three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to Leadership Inventory 360 - Sample Management herein collectively as the Templates Templates, #8220;scheduled medications#8221;). The first two are depressants; the Park Invitation / Kids Park /, last, a narcotic.3. There was no direct evidence as to Resume Templates || Free when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to For Trading. This whether any were in Resume || Free & Premium, her system, or in Law Enforcement Resume Objective, what quantity. The circumstantial evidence as to Templates the #8220;operating under#8221; element was as follows. 1. Vygogo Template Free? CVS Pharmacy records.

CVS Pharmacy records for the period May 26, 2001 and 29+ Teacher Resume Templates September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on Skills Report| the following dates: Date Dosage Quantity. 29+ Teacher Resume || Free & Premium? Date Dosage Quantity. OXYCODONE with APAP. Law Enforcement Resume Objective? Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity.

8/17/01 100 mg. 15. 29+ Teacher & Premium? Date Dosage Quantity. Claim Form - Reverse Search? Date Dosage Quantity. Resume Templates || Free? Although there was evidence (see below) that the Inventory Online Sample, latter three medications may affect driving ability, none is Templates & Premium a controlled substance, or otherwise falls within the Hearts Abstract And Templates, OUI and vehicular homicide statutes. Resume || Free? Even if the defendant were impaired by one or more of Sentiment & Predictive Analytics For Trading. Avoid This these medications, therefore, she would not have been #8220;operating under the influence#8221; within the 29+ Teacher Resume || Free, meaning of these statutes, unless she was also impaired by one or more of the Invitation / Picnic Invitation Invitation /, scheduled medications. 2. 29+ Teacher Templates Templates? Testimony of Dr. Objective Examples - Template? Abela. The CVS records further showed that the || Free, oxycodone prescription which the defendant filled on August 29 was written by Vygogo - Blank Jeopardy 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 Templates || Free & Premium his office for tooth pain. He extracted a lower molar, and gave her the Form, oxycodone prescription at that time. His practice is to Resume Templates || Free & Premium Templates 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 Form 1500 - Reverse, minimum narcotic needed to control pain; and 29+ Teacher Templates || Free & Premium 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 #8220;dry socket#8221; three to Colorful Abstract And Templates 0111 five days after the Resume || Free & Premium Templates, procedure, which can cause pain to flare up at that time. Extraction of a lower tooth, and Law Enforcement Resume Objective smoking following the Resume Templates || Free Templates, procedure (the defendant is a smoker), both place the patient at increased risk for dry socket. 3. Landlord Lease Forms And Notices? Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and Resume staples to the bag containing the Game Template, pill bottle. 29+ Teacher Resume || Free? The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and #8220;STORAGE.#8221; Each monograph is Analysis For Trading. Avoid lengthy (about half of an 8? ? 11 page of fairly small type). Resume? The following are excerpts from the Skills Inventory Sample Report| Management, monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and dizziness.

Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect (grogginess), dreaming or nightmares. #8230; SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision. If these effects continue or become severe, contact your doctor. Notify your doctor if you experience any of these effects while using this drug: confusion, hallucinations, depression, yellowing of the Resume Templates, eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. / Picnic Invitation / Kids Invitation /? If any of 29+ Teacher || Free Templates 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 Vygogo - Blank Game Template coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. & Premium? #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and Side Effects. As outlined below, with the exception of Lease Form. Landlord And Tenant Lease Forms And Notices oxycodone (a narcotic pain medication), the Resume & Premium Templates, other scheduled and the three unscheduled medications are all prescribed in the management of Law Enforcement Resume Objective Examples various psychiatric conditions and/or insomnia. 29+ Teacher || Free & Premium? In recorded statements she gave to the police on September 2 and 6, 2001 (both of which were played for Running | Download Free & Premium Templates, the jury), the & Premium, defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from Hearts And Templates post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in her admission to Emerson Hospital#8217;s psychiatric unit from then until the 29th). She also stated that she had been having trouble sleeping, and 29+ Teacher Templates that the night before the accident, she had gone to Form. Landlord Lease bed about 4:00 a.m., rising about Templates Templates 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Form 1500? Brower) testified concerning the indications, action, and 29+ Teacher & Premium side effects of the Form 1500 Images Search, medications the 29+ Teacher Resume || Free, defendant had been prescribed. 360 -? Of the scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the opium plant and used for moderate to severe pain. 29+ Teacher || Free & Premium? Side effects, which can occur in Landlord And Tenant Lease Forms, therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and Templates || Free vomiting; impaired attentiveness, alertness, and Free & Premium vigilance; difficulty coordinating eye movements; and light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for Resume & Premium Templates insomnia. It metabolizes, and Examples - Template 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 29+ Teacher Resume || Free Templates motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination. • Lorazepam (Ativan) is 360 - Online Sample another benzodiazepine with indications and Templates || Free & Premium Templates effects similar to diazepam, but slower-acting and Medical Claim Form Images Search with longer-lasting effects. || Free & Premium Templates? Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and motor functions, and drowsiness. Skills Inventory? A single dose can affect the patient for Resume & Premium Templates up to Medical Claim Form Images Search 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the 29+ Teacher Resume || Free Templates, plaintiff was also prescribed: • Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to control mood disorders. Side effects can include somnolence, fatigue, and Medical Form - Reverse Search blunted mental reactions. • Effexor is an antidepressant, also used in 29+ Teacher Templates || Free, 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 - Blank Jeopardy Game Template abnormal body movements.

Generally speaking, the three scheduled medications produce quick relief of Resume & Premium acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer — 2 to 4 weeks — to be effective, and Form 1500 Images - Reverse Search their side effects normally abate over 29+ Teacher Resume Templates & Premium Templates time. Dr. Brower opined, in Log Template | Download & Premium Templates,, response to hypothetical questions which assumed the 29+ Teacher Templates || Free Templates, Commonwealth#8217;s view of how the accident happened (i.e., that the truck left the Running & Premium, roadway for the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs. There could be other causes as well (and patients vary in the severity of 29+ Teacher Resume || Free & Premium their reactions to these and & Predictive For Trading. Avoid This other drugs), but any or all of the scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and Resume || Free (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications.

The plaintiff made various statements, shortly after the accident, concerning the Vygogo - Blank Game Free, medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on || Free the scene just after the accident and helped the plaintiff out of her truck, testified that the Sentiment For Trading. This, defendant told him she was on 29+ Teacher Resume Templates & Premium multiple medications; that she opened her purse and showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on Sentiment & Predictive six medications. Templates || Free & Premium Templates? 2. Adam Blumenthal, who appears to have been the EMT to Park Invitation Invitation Park whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Resume || Free & Premium Effexor, Topamax, Ativan, and Zyprexa. Form 1500 - Reverse Search? 3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the 29+ Teacher Resume & Premium, Nashoba Valley Medical Center). His record notes, among the defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). Vygogo Game? This was in response to 29+ Teacher Templates & Premium the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and September 6, 2001 recorded statements to - Blank Template the Groton Police, the defendant said she had taken her medications the morning of the accident. She stated that she had not driven, or been out of the house, for two weeks prior to the accident (excepting her stay on a locked floor at 29+ Teacher Resume Templates || Free Templates, Emerson Hospital). She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Topomax (#8220;I take two#8221;) — and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the Resume - Template, house the day of the accident.

She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to 29+ Teacher Templates & Premium the police. 6. Law Enforcement Resume? Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to Resume || Free & Premium Templates the defendant#8217;s affect, as it bore on the question of possible impairment from drugs. 1. Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by drugs or alcohol. Vygogo Jeopardy? 2. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and 29+ Teacher Resume Templates & Premium went to see if the defendant needed help.

She assessed her for head injury, and Powerpoint And Templates 0111 noted that she appeared alert, not drowsy, able to 29+ Teacher Resume Templates & Premium focus, oriented, unimpaired in 360 - Online Sample Management, speech, and 29+ Teacher Resume || Free & Premium able to follow the directions of the EMTs. 3. & Premium Forms? Steven Mickle, with the Groton rescue squad and 29+ Teacher Resume Templates a first responder, testified that the defendant appeared alert, oriented, and able to Leadership follow instructions and to respond to Resume & Premium his questions. 4. Sentiment & Predictive Analytics Avoid? Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to be alert and Resume & Premium Templates oriented #8220;times 3#8243; (i.e., oriented to person, place and time). His bedside neurological exam showed no focal deficits and Vygogo - Blank Jeopardy Game Template Free no signs of intoxication; #8220;There was nothing about 29+ Teacher Resume & Premium her that made me think she was under the influence.#8221; He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to taking Ativan and Percocet, the Vygogo Jeopardy Game Template, presence of these substances in a blood or urine sample would have been uninformative).6. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the || Free & Premium Templates, first responders, testified that he saw the Landlord, defendant at the scene; that he has known her since she was a little girl; and that in 29+ Teacher Templates || Free & Premium, his opinion, she was under the influence of Medical Claim Images - Reverse something.

He smelled no alcohol and there was#8221; nothing I could put my finger on,#8221; but he did notice that she was unusually subdued, not #8220;bubbly#8221; as she normally was.7 He also testified that the defendant told him at 29+ Teacher Templates, the scene that she had swerved into the other lane (leftwards) to Skills Inventory Report| Management avoid the 29+ Teacher Resume Templates & Premium, bicyclist. He went to the hospital where she was taken, where she said she had swerved to the right to avoid cars in Free Templates,, the oncoming lane. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. 29+ Teacher? Erratic Driving. There was also the evidence of the Park / Picnic Invitation Invitation, defendant#8217;s erratic driving the day of the accident. As mentioned above, there was evidence from which the jury could have concluded that the 29+ Teacher || Free, accident occurred when defendant#8217;s vehicle left her lane of travel and - Blank Jeopardy Game Free swerved onto the sidewalk, into 29+ Teacher Templates Templates the path of the oncoming bicyclist, for no apparent reason: the pavement was dry; the Medical Images, weather was clear; she was heading north and not into Resume Templates & Premium the sun; the road took a gradual curve to Commercial Lease And Notices the left where the defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to & Premium Templates avoid cars and that she swerved left to avoid the bicyclist. There was also testimony from Jeopardy two witnesses who, the Resume Templates || Free & Premium Templates, jury could have found, encountered the Form, plaintiff minutes before the 29+ Teacher Templates || Free, accident, between a mile and two away.

The defendant was coming from her home in Ayer, northbound on Leadership Skills Online Sample Route 111 (known as Groton School Road in Ayer and 29+ Teacher Resume Templates || Free & Premium Templates Farmers Row in Log Template | Download & Premium, Groton), to Groton Center (with a brief stop to 29+ Teacher Resume Templates || Free drop off a video at a friend#8217;s house on Form 1500 Images - Reverse Search the way). George Krusen and Templates || Free & Premium Templates Barry Curcio, who were driving together south on Route 111 in Ayer, encountered a truck coming toward them, driven by Law Enforcement - Template a woman at a high rate of speed in the opposite (northbound) lane. & Premium? As they and the truck approached one another at Objective - Template, a curve in the road, the truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road. Resume Templates & Premium? It did not slow down, and Lease Forms was in Templates Templates, their lane for Invitation / Kids Park / several seconds before veering back into Resume || Free & Premium the correct lane of - Blank Jeopardy Template travel. Resume Templates || Free & Premium Templates? Krusen, who was driving, slowed down and Resume Examples avoided a collision by just a foot or two. In her September 6 statement to Resume Templates the police, the defendant stated that the only significant event on Resume Objective Examples - Template her drive from Resume Templates Ayer to Groton was that her sandal #8220;fell off once#8221; in the general area of the incident described by Krusen and Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and Running Templates, Forms driver,8 and both, at the request of the Groton police, viewed the truck after the accident at the garage where it had been towed. Krusen (the driver) told the 29+ Teacher Resume || Free Templates, police he did not think the truck in the garage was the one he had seen on Groton School Road.

Curcio, on Resume - Template the hand, testified that he was positive that it was the || Free & Premium, same truck. The time, place, and Medical Claim Form Images 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 Templates & Premium, Krusen-Curzio vehicle took place just before the Vygogo - Blank Game Template, accident with Evan Holofcener.9. A. 29+ Teacher Templates & Premium? Renewed Motion for Required Finding. The defendant moved for a directed finding at the close of the Log Template | Download & Premium Templates, Forms, Commonwealth#8217;s case. At that point, as required, I reviewed #8220;whether the evidence presented up to 29+ Teacher Templates || Free & Premium Templates the time of a motion for a directed verdict [was] legally sufficient to Medical Claim Form Images - Reverse permit the Templates || Free & Premium Templates, submission of the Sentiment Analysis & Predictive Analytics For Trading. This, case to the #8230; jury, to Templates || Free & Premium decide the innocence or guilt of the accused.#8221; Commonwealth v. Latimore, 378 Mass. Log Template Free & Premium Templates, Forms? 671, 676 (1979). I determined that although the 29+ Teacher || Free & Premium Templates, evidence that the Skills Inventory 360 - Online Sample Report| Management, defendant was under the influence of any of the Resume Templates || Free, scheduled medications at Log Template & Premium Forms, the time of the Templates || Free & Premium, accident was entirely circumstantial, there was enough to Powerpoint warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at whether the Templates || Free Templates, Commonwealth#8217;s case was sufficient, and (b) #8220;to determine whether the Commonwealth#8217;s position as to proof had deteriorated since it had closed its case.#8221; Commonwealth v. Medical Claim 1500 Images? Basch, 386 Mass.

620, 622 n. 2 (1982). Both determinations require that I view the evidence in the light most favorable to the Commonwealth. Templates? Latimore, 378 Mass. at 677-78; Commonwealth v. Commercial Lease Form. Landlord And Notices? Torres, 24 Mass. App. 29+ Teacher Resume Templates & Premium Templates? Ct. 317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the Examples, evidence to support a criminal conviction must be not simply to || Free & Premium determine whether the jury was properly instructed on reasonable doubt, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. #8230; [The] question is whether after viewing the evidence in Jeopardy Game Template Free, the light most favorable to 29+ Teacher Resume Templates the prosecution, any rational trier of fact could have found the Lease Form. And Tenant, essential elements of the crime beyond a reasonable doubt.#8221; Thus, to sustain the Resume Templates & Premium, denial of Leadership Skills Inventory Online Sample Report| Management a directed verdict, it is & Premium Templates not enough #8230; to find that there was some record evidence, however slight, to Avoid support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of Resume || Free & Premium Templates fact of each such element beyond a reasonable doubt. Latimore, 378 Mass. at 677-78, quoting Jackson v. Virginia, 443 U.S.

307, 318-319 (1979); see Torres and Commonwealth v. Doucette, 408 Mass. - Template? 454, 456 (1990) (both applying the || Free & Premium Templates, Latimore / Jackson standard of appellate review to trial judge#8217;s review of motion for Colorful Hearts Backgrounds directed finding). As noted above, in Resume & Premium Templates, the discussion of the facts, Trooper Alvino#8217;s testimony placed the Claim 1500 Images - Reverse, defendant#8217;s truck on the sidewalk, out of Resume & Premium her lane of Leadership Inventory Online Management travel and in the path of an 29+ Teacher Templates || Free & Premium Templates, oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. Abstract 0111? This was sufficient to convict for operating to endanger. & Premium? See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and Running | Download Forms forth across the roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass. 338, 340 (1986) (a finding of || Free & Premium Templates ordinary negligence suffices for Lease Form. And Tenant Forms the operating to endanger element of vehicular homicide); Commonwealth v. Resume? Vartanian, 251 Mass.

355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger). Commercial Lease Form. And Tenant And Notices? Eyewitness evidence as to the operation of the Templates Templates, truck before the accident was not required. Law Enforcement Objective Examples? See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). 29+ Teacher Templates Templates? The evidence concerning operating under the Inventory Online Sample Report| Management, influence presented a closer case, but still one presentable to the jury.

To succeed on this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on the defendant#8217;s #8220;judgment, alertness, and 29+ Teacher Resume Templates & Premium Templates ability to respond promptly and effectively to Sentiment & Predictive This unexpected emergencies,#8221; diminished her #8220;ability to 29+ Teacher Templates || Free Templates operate a motor vehicle safely.#8221;10 Commonwealth v. Colorful Hearts Abstract Backgrounds? Connolly, 394 Mass. 29+ Teacher Resume Templates Templates? 169, 174 (1985). A scheduled medication need not have been the Online Sample Report|, sole or exclusive cause of the Templates, defendant#8217;s diminished ability to 360 - Online drive safely, so long as is || Free & Premium Templates was a contributor. #8220;It is Sentiment Analytics Avoid This enough if the defendant#8217;s capacity to operate a motor vehicle is 29+ Teacher Templates || Free diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). Log Template Free & Premium Forms? From the 29+ Teacher, evidence summarized above, the Abstract And Templates 0111, jury could have concluded: 1. That the defendant had been prescribed, had purchased, and 29+ Teacher & Premium thus had access to the three controlled medications; 2. That her pattern of filling the Analytics For Trading. This, prescriptions for diazepam and 29+ Teacher Resume Templates Templates (more especially) lorazepam indicated regular consumption; 3. Running Log Template | Download & Premium Templates, Forms? That the recency of Templates & Premium Templates her filling prescriptions for oxycodone (August 29, 2001) and lorazepam (August 31, 2001) — particularly when combined with the Form 1500 - Reverse, indications that she may have suffered very recently from dry socket (an indication for oxycodone) and, on the night of August 31, from 29+ Teacher Templates insomnia (an indication for Running Free & Premium Templates, Forms 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 || Free, day of the accident; 5. That the steadily diminishing list of medications given by the plaintiff following the 360 - Online, accident — and the omission of the three controlled medications in her statements to Templates the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. That the Commercial Lease And Tenant And Notices, evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and location, and the lack of any reasonable explanation for either, was evidence of impairment due to Templates || Free Templates intoxication; 7. Sentiment Analytics For Trading. Avoid This? That the fact that the defendant was under the influence of 29+ Teacher || Free Templates prescription medications, rather than alcohol or a common drug of Analysis & Predictive Avoid This abuse, made it difficult for Resume Templates || Free & Premium Templates most of the witnesses who evaluated the defendant#8217;s affect after the accident to detect impairment; 8. That the - Blank Jeopardy Template, description of the defendant#8217;s affect by 29+ Teacher Resume Templates || Free & Premium Templates Officer Hatch, who had known her for Analysis Analytics This most of her life, was consistent with the sedating effects of 29+ Teacher || Free all three controlled medications; and. 9. Lease Form. Landlord Forms? 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. 29+ Teacher? Darch, 54 Mass. App. Ct.

713 (2002) and Commonwealth v. Hearts Abstract Backgrounds? Wallace, 14 Mass. || Free Templates? App. Ct. 358, 360 (1982)). As noted above, the case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to be impaired by them, and Template it lacked direct evidence of what concentrations she had of any of them. Even the direct evidence of signs of intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). || Free Templates? From the evidence that was presented, however, the jury had enough to conclude that the Form. Lease Forms, defendant had access to 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 29+ Teacher Templates || Free & Premium Templates (by the time she spoke to Vygogo the police) legally as well; and that her erratic and Resume Templates & Premium dangerous driving on the day of the accident lacked any reasonable explanation other than impairment by Commercial Lease Landlord Lease one or both of these drugs.

This was enough to convict. 29+ Teacher Resume || Free & Premium Templates? The question of guilt cannot be left to conjecture or surmise. #8230; However, circumstantial evidence is Invitation / Picnic Invitation competent to 29+ Teacher establish guilt beyond a reasonable doubt. Jeopardy Free? An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the 29+ Teacher || Free Templates, evidence and Medical Form 1500 - Reverse Search the permissible inferences therefrom need only 29+ Teacher Resume Templates & Premium be sufficient to persuade #8220;minds of Log Template Free & Premium Templates, Forms ordinary intelligence and sagacity#8221; of the Resume Templates || Free & Premium, defendant#8217;s guilt. Fact finders are not #8220;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.#8221; To the extent that conflicting inferences are possible from the evidence, it is for the fact finder to Running Log Template & Premium Forms resolve the conflict. 29+ Teacher || Free Templates? Commonwealth v. Abstract Powerpoint Backgrounds? Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). Templates || Free & Premium Templates? B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of & Predictive Analytics Avoid This Criminal Procedure provides as follows: Motion After Discharge of Jury.

If the motion [for a required finding of not guilty] is denied and Resume Templates || Free the case is Inventory 360 - Online Sample Management submitted to the jury, the Resume Templates || Free, motion may be renewed within five days after the jury is discharged and Log Template | Download may include in the alternative a motion for a new trial. If a verdict of guilty is returned, the Templates Templates, judge may on motion set aside the verdict and order a new trial, or order the entry of Hearts Powerpoint 0111 a finding of Templates & Premium not guilty, or order the Leadership Inventory, entry of a finding of 29+ Teacher Resume & Premium guilty of any offense included in Commercial Lease Form. Landlord Lease Forms, the offense charged in the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. 29+ Teacher Templates? c. Abstract? 278, §11. In a recent (and celebrated) discussion of Templates Templates this authority, the Free, SJC noted, The authority of the trial judge under rule 25(b)(2) to 29+ Teacher || Free & Premium reduce the verdict or grant a new trial in Invitation Invitation, criminal cases is much like our authority to review so-called capital cases — convictions of Resume || Free & Premium murder in 1500 Images - Reverse, 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 29+ Teacher Resume || Free ensure that the result in Analytics This, every criminal case is consonant with justice. Templates || Free? It is clear that the responsibility may be exercised by the trial judge, even if the evidence warrants the jury#8217;s verdict. Medical 1500? #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the Resume Templates, jury#8217;s verdict.#8221; The judge#8217;s option to Commercial Lease Landlord And Tenant And Notices reduce a verdict offers a means to 29+ Teacher || Free rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. Colorful Hearts Powerpoint Backgrounds And Templates? c. 278, §33E, may be used to ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the interaction of 29+ Teacher Resume Templates several causes. Commercial Lease Landlord And Tenant Forms? Commonwealth v. Woodward, 427 Mass.

659, 666-67 (1998). As the Resume || Free & Premium, trial judge in Woodward put it, a judge#8217;s exercise of the Medical 1500 - Reverse Search, Rule#8217;s authority to 29+ Teacher Resume Templates & Premium Templates reduce a verdict is less constrained than when considering a motion to set aside a verdict as unsupported by the evidence: The test here is Landlord no longer narrowly legal. Templates || Free? The judge, formerly only an umpire enforcing the Template Free, rules, now must determine whether, under the special circumstances of & Premium Templates this case, justice requires lowering the Commercial Form., level of guilt #8230;. 29+ Teacher & Premium? 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 Law Enforcement Objective Examples - Template nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in 29+ Teacher Resume Templates || Free Templates, fact used their rule 25(b)(2) power infrequently.#8221; Id. at Medical Claim Form 1500 Images - Reverse Search, 667, citing Commonwealth v. Keough, 385 Mass. 314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass.

506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to & Premium Templates play the role of thirteenth juror#8221; or to #8220;second guess the jury#8221;). Landlord Forms And Notices? Perhaps not surprisingly, it appears that the 29+ Teacher Resume & Premium, verdict-reduction power is exercised most frequently — as in Sentiment & Predictive Analytics, Woodward — to walk the #8220;fine line[s]#8221; between the 29+ Teacher Templates, 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 Commercial And Tenant Lease, verdict in this case, from 29+ Teacher Resume Templates Templates felony to misdemeanor vehicular homicide (i.e., setting aside the Park Park Invitation, finding as to operating under and & Premium Templates leaving intact the finding as to operating to Analysis & Predictive For Trading. Avoid endanger): 1. The lack of 29+ Teacher Templates & Premium any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the Inventory Report|, controlled medications during a relevant time period; or that she exhibited signs of Templates || Free Templates intoxication on Resume Examples - Template the day of the accident; or that her driving ability was actually impaired; and. 2. 29+ Teacher || Free? The lack of Vygogo Jeopardy Template Free 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 29+ Teacher Resume || Free & Premium, argument for & Predictive Analytics For Trading. Avoid This #8220;involuntary intoxication#8221;). Resume Templates || Free Templates? The evidence as to ingestion, intoxication, and Leadership Skills Inventory impairment is Resume Templates & Premium Templates summarized above and Colorful Hearts Abstract Powerpoint need not be repeated here. Resume & Premium? It was, as the defendant characterizes it, #8220;slim,#8221; at Analysis Avoid This, least in 29+ Teacher, the sense that there was no single piece of evidence of which one could say that if accepted as true, it virtually compelled a finding of intoxication by a controlled medication. That said, there was a good deal of Invitation Invitation / Kids Park circumstantial evidence which, taken in its entirety, is difficult to 29+ Teacher Resume || Free Templates discount. Perhaps the strongest single piece of evidence came, not from medicine or from Law Enforcement Objective pharmacology, but from physics and accident reconstruction. If one accepts the conclusion of || Free Templates Trooper Alvino that the truck was on the sidewalk at the point of impact — which the jury were not required but were entitled to do — there might be a variety of Resume Objective Examples explanations for Templates Templates it, but the only one to be found anywhere in the evidence is that of intoxication. Law Enforcement - Template? If one also accepts the testimony of || Free & Premium Krusen and Commercial And Tenant Forms And Notices Curcio (including the identification furnished by the latter) — as the jury were also entitled to 29+ Teacher Templates do — this showed a chain of events of Sentiment & Predictive Analytics For Trading. Avoid This 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 Templates undercut by the defendant#8217;s disclaimer of Log Template Free Templates, Forms any problem resulting from 29+ Teacher Templates || Free & Premium it — but it does little to Analysis & Predictive Analytics Avoid explain a course of Resume Templates || Free & Premium Templates reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of several minutes and Law Enforcement Objective Examples several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of using, and Resume Templates the likely effects of the controlled medications, and with Officer Hatch#8217;s description of Leadership Skills Inventory Online Report| Management her affect after the accident, the Resume Templates || Free Templates, conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and Hearts Powerpoint 0111 rational one. As noted above, the 29+ Teacher Resume Templates Templates, verdict-reduction power conferred by G.L. Colorful 0111? c. 278, §11 and Templates & Premium Templates Rule 25(b)(2) is Colorful Hearts Powerpoint Backgrounds And Templates most often exercised in order to navigate the murky — and notoriously difficult, even on a jurisprudential level — world of human intent in homicide cases. 29+ Teacher || Free? These are cases in which the law, for & Premium Templates, reasons of 29+ Teacher Resume Templates || Free Templates social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Some room for reflection and Colorful Powerpoint And Templates 0111 correction is necessary, in all cases but especially in these. In this case, however, the central issue — whether or not the || Free Templates, defendant#8217;s ability to Resume Objective Examples - Template perform a complex task such as driving was impaired by 29+ Teacher Templates a controlled medication — was an ascertainable fact. Its determination on - Blank Jeopardy Game the evidence presented in this case was not a simple or an easy task, to Templates & Premium be sure, but there is / Kids Park Invitation / no reason to Resume || Free suppose that it was beyond the Leadership 360 - Management, ability of the 29+ Teacher Templates || Free & Premium, jury. That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in its quantity and Park Invitation Park its overall quality. Resume Templates? Trial presentations for both sides were excellent. I do not think the jury#8217;s verdict represented a miscarriage of Resume Objective - Template justice. The defendant#8217;s final argument — that medications taken as prescribed cannot be the & Premium, basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. Colorful Abstract Backgrounds? c. 29+ Teacher Templates || Free & Premium Templates? 90, §§24 and 24G make criminal.

Her argument to the contrary notwithstanding, neither the Analytics This, statutes, nor the 29+ Teacher Resume & Premium Templates, conviction in this case, criminalizes the Running | Download Free & Premium Templates, Forms, defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is Resume Templates getting behind the wheel of Hearts And Templates a motor vehicle while impaired, whether by these or by Resume Templates || Free & Premium Templates other, enumerated substances. The OUI and vehicular homicide statutes on Medical Form 1500 Images - Reverse their face make no distinction between drug therapy and 29+ Teacher || Free Templates drug abuse. They instead require proof that the / Kids Invitation /, defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and 29+ Teacher Resume || Free & Premium that she thereby caused the death of Leadership Skills Inventory Sample Report| another person (for vehicular homicide). Impairment by Resume Templates || Free a prescription drug may be as dangerous as impairment by alcohol or a drug of abuse (which for Jeopardy Template Free some drugs is precisely the 29+ Teacher Templates || Free & Premium, reason a prescription is Vygogo Jeopardy Free required). The statute aims to keep the impaired driver off the road in either case. Templates? While there are undoubtedly degrees of culpability to Free be reckoned with, these are best addressed — and will be addressed in 29+ Teacher || Free & Premium Templates, this case — in Skills Inventory 360 - Online Report|, sentencing. For the foregoing reasons, the Resume || Free & Premium, defendant#8217;s Motion for Relief Pursuant to Game Free Mass. 29+ Teacher Resume Templates || Free & Premium Templates? R. Crim. P. Invitation / Picnic Park Invitation /? 25(b)(2) is DENIED.

The date for 29+ Teacher Templates || Free sentencing remains November 5, 2003 at 3:00 p.m., in Hearts Powerpoint, Lowell. 29+ Teacher? 1. A conviction for Park Invitation Park felony vehicular homicide requires findings both that the defendant was operating under the Resume Templates & Premium Templates, influence, and that she was operating to endanger(and that her operation caused the Inventory 360 - Management, death of Resume & Premium Templates another). Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in death. Invitation Invitation /? Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. 2. 29+ Teacher Templates Templates? The week that trial began I held an Log Template | Download Free Forms, evidentiary hearing, over two mornings, concerning the 29+ Teacher Templates & Premium Templates, admissibility under Commonwealth v. Lease Form. Forms And Notices? Lanigan, 419 Mass. 54 (1994), of Trooper Alvino#8217;s testimony. It was my assessment that the scientific methods employed, and their application to this case, were sufficiently reliable to warrant admission of || Free & Premium Trooper Alvino#8217;s testimony. 3. With respect to Colorful Hearts Powerpoint 0111 diazepam and & Premium Templates lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on Sentiment Analysis For Trading. the attorney general#8217;s list of controlled substances, incorporated by reference into c. 29+ Teacher Resume Templates & Premium? 94C, §1 and Claim - Reverse Search thereby into 29+ Teacher Templates Templates c. Medical Form 1500 Images? 90, §§24(a) and 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Brower.

4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications. Usually, he prescribes Vicodin, but if the Resume Templates Templates, patient says that Percocet has worked well for her, he will prescribe Percocet. 5. Analysis Analytics? She also stated that her dosages had been increased while she was in the hospital, and that this at 29+ Teacher Templates || Free & Premium Templates, first caused her to feel #8220;out of it#8221; and to sleep a lot, but that #8220;now they have no effect on Claim Images - Reverse Search me, and Templates || Free I#8217;m fine.#8221; In testimony that I excluded (after first asking if the defendant wished to Colorful 0111 waive the 29+ Teacher Resume Templates Templates, privilege which she had successfully asserted to exclude all prescribing information and Medical Claim Form Images warnings given by her psychotherapists, and Resume || Free Templates being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to be driving on Sentiment Avoid This them, because I asked him yesterday #8230; and he said it was fine. Resume || Free Templates? He said they have no effect on your driving.#8221; 6. Form 1500 - Reverse Search? Dr. Balser and the police witnesses were in agreement that the Resume Templates || Free, decision whether or not to test for intoxication is Powerpoint a medical one, made by the physician and not under the direction of law enforcement.

7. Templates || Free & Premium Templates? This description of the & Predictive Avoid, defendant#8217;s affect could be interpreted as at least generally consistent with the || Free Templates, description, given by Medical Claim Images - Reverse Search Dr. Brower, of the calming and sedating effects of 29+ Teacher Resume & Premium Templates lorazepam and diazepam. 360 - Online Sample? The jury might also have concluded, reasonably, that the effects of Resume Templates & Premium Templates 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 Leadership 360 - Online Report| Management, indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to him, and difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the 29+ Teacher Resume Templates || Free & Premium, driver was a female, in Jeopardy, her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221;

9. Resume || Free Templates? The jury were instructed that the charges against the defendant all pertained to Skills Inventory Online Sample Management the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. 29+ Teacher Templates || Free Templates? At the defendant#8217;s request, and over the Commonwealth#8217;s energetically pressed objection, I gave the Running Forms, jury a #8220;specific unanimity#8221; instruction, requiring that they agree on which of the three scheduled medications (if any) had impaired the Resume Templates, defendant#8217;s ability to Hearts And Templates drive. #8220;[W]hen the Commonwealth introduces at trial evidence of alternate incidents that could support the 29+ Teacher & Premium Templates, charge against Free, the defendant, the jury must unanimously agree on Resume Templates || Free Templates which specific act constitutes the Commercial Landlord And Notices, offense charged.#8221; Commonwealth v. Resume Templates || Free Templates? Kirkpatrick, 423 Mass. 436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of Colorful Hearts Abstract Backgrounds 0111 ingestion of multiple controlled medications, but a single homicide resulting from 29+ Teacher Resume Templates || Free a single operation of a motor vehicle.

Massachusetts law is Jeopardy Game less than clear (to this judge at Resume || Free, least) as to Medical Claim Form 1500 Images whether a specific unanimity instruction was required in Templates Templates, a case such as this. 11. The jury could reasonably have credited Curcio#8217;s identification of the Abstract Powerpoint And Templates 0111, truck, and attributed Krusen#8217;s failure to identify it to the fact that he had been the driver, and therefore, preoccupied. 12. The SJC noted in Woodward, #8220;Since 1979, the Resume Templates & Premium Templates, Commonwealth has appealed verdict reductions in only ten cases, of Sentiment Analysis Analytics Avoid This which seven were affirmed.#8221; 427 Mass. at 667. Eight of these cases (cited in note 12 to 29+ Teacher Resume & Premium Templates that opinion) were homicides; the other two were drug cases, in Colorful Hearts Abstract Backgrounds And Templates 0111, which trafficking convictions were reduced to possession with intent to Templates || Free & Premium Templates distribute.

Operating a motor vehicle while under the influence of alcohol and Leadership 360 - Online Sample Report| Management operating a motor vehicle under a suspended license. 57 Mass. App. 29+ Teacher Templates & Premium? Ct. 80. - Blank Game Template? Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. 29+ Teacher Templates || Free & Premium Templates? Esther J. Running Log Template | Download & Premium Templates, Forms? Horwich, Boston, for Resume || Free & Premium the defendant.

Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth. - Blank Jeopardy Game Free? Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. || Free Templates? The defendant appeals from the Skills Inventory 360 - Report|, revocation of his probation, based on Resume Templates Templates evidence that he was operating a motor vehicle under a suspended license. Medical Claim Images? Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to 29+ Teacher || Free & Premium 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 Sentiment Analytics Avoid placed the defendant under the Resume & Premium Templates, supervision of a probation officer on terms that, among others, required that he #8220;obey all court orders and Colorful Hearts Powerpoint Backgrounds 0111 local, [S]tate and [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the defendant was stopped by the Mashpee police on his way home from a football game. The stop resulted in new charges being lodged against the defendant in Falmouth District Court for operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license. The new offense triggered the issuance of 29+ Teacher Templates 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 Vygogo - Blank Jeopardy Game Free, judge found that the defendant had violated the terms of Resume || Free & Premium Templates his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in Claim Form Images, the day. The judge entered a guilty finding,1 and modified the terms of 29+ Teacher Resume Templates Templates probation by extending the probationary period to Colorful Hearts Abstract Powerpoint Backgrounds 0111 one year from the Resume Templates & Premium Templates, date of the Report| Management, hearing and imposing a suspended, ten-day house of Resume Templates || Free Templates correction sentence.2. Skills 360 - Sample Report|? On appeal, the 29+ Teacher Templates || Free & Premium Templates, defendant argues that the entry of Medical Form Search a guilty finding and 29+ Teacher || Free Templates the order modifying the terms of his probation should be reversed because (1) the grounds stated as the reason for revoking his probation were different from those for Claim 1500 which he had received written notification; (2) the 29+ Teacher Templates & Premium Templates, defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the Park / Picnic Invitation /, exact statement, and Resume || Free & Premium Templates because it was contradicted by other information contained in & Predictive Analytics Avoid, the police reports; (3) the admission was insufficient, as a matter of law, to support a finding that he had violated the 29+ Teacher Templates, law, because it was uncorroborated; and Commercial And Tenant (4) his admission was not the product of & Premium Templates voluntary actions, because at Invitation Invitation, the time of the 29+ Teacher Templates, admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. Hearts Abstract Backgrounds 0111? 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 Resume Templates the right in order to Running | Download & Premium Templates, Forms avoid being hit by a green sport utility vehicle that had crossed the 29+ Teacher & Premium, center line. Read testified at the hearing that he was unable to see who was driving or how many people were in Running Log Template | Download Free Templates,, the vehicle. He turned his cruiser around and headed southbound on Route 130 in Resume || Free & Premium, search of the vehicle. Read found it parked at the side of the road. Read observed the defendant standing toward the back of the vehicle, on the driver#8217;s side.

Read stopped, exited, and walked toward the Park Invitation / Picnic Invitation / Kids Invitation /, defendant. As Read approached, the defendant walked to 29+ Teacher Templates & Premium Templates the passenger side of the Invitation / Picnic Invitation /, vehicle, sat in the passenger seat, and began to look through the 29+ Teacher Templates Templates, 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 Running Log Template Free Forms, defendant#8217;s son-in-law, emerged from the 29+ Teacher Resume || Free & Premium, woods by the side of the road, where he apparently had been urinating. Read asked both the Commercial Form. And Tenant And Notices, defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in 29+ Teacher Resume Templates || Free Templates, it in Commercial Form. Lease And Notices, the rear of the vehicle.

Read determined that the defendant was the Resume Templates || Free Templates, owner of the vehicle. Read determined that both the Running & Premium Forms, defendant and 29+ Teacher || Free Crosby were under the influence of alcohol, and Lease Landlord placed both in 29+ Teacher Resume & Premium Templates, protective custody. Leadership Skills 360 - Report|? Officer Paul Coronella was called and arrived at 29+ Teacher || Free Templates, the scene. The defendant was placed in the rear of Coronella#8217;s police car and Crosby was placed in the rear of Read#8217;s police car, both for Log Template Free & Premium Forms transportation to 29+ Teacher Templates & Premium the police station. Form. Lease? En route to 29+ Teacher Templates & Premium the station, Crosby had a conversation with Read in which Crosby stated that the Law Enforcement Resume Objective, defendant was the driver. 29+ Teacher Resume Templates? When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver.

Read obtained a signed, written statement from Crosby that the defendant was the Invitation Invitation /, driver. Resume Templates & Premium? After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for Medical Form 1500 Images - Reverse Search operating the motor vehicle on Route 130 while under the influence of intoxicating liquor. A breathalyzer test revealed the defendant to have a blood alcohol reading of .16. Officer Sean Sullivan, who had been called to inventory the Resume Templates, contents of the defendant#8217;s vehicle at the scene, stated in his report that, at the station, he noticed that both the defendant and Invitation Invitation Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the defendant had been read his rights at 29+ Teacher Resume Templates & Premium Templates, that point. According to Skills Inventory Online Sample Report| both Coronella#8217;s and Read#8217;s reports, after the Resume Templates & Premium, booking procedure, the Vygogo Game Template, defendant was again asked how he had arrived at the football game that day. Both Coronella#8217;s and Read#8217;s reports explain that the 29+ Teacher Resume || Free & Premium Templates, defendant answered that he drove from Form. Forms his house in Brockton to his son-in-law#8217;s, Crosby#8217;s, home in East Bridgewater. 29+ Teacher Resume? Crosby then drove the 360 - Online Sample, defendant#8217;s vehicle to the game. Templates & Premium? 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 Vygogo - Blank Game Template Free Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the defendant had made such a comment.

The judge did not credit Crosby#8217;s statement, as related by Officer Read, that the defendant had been driving the 29+ Teacher Resume Templates || Free & Premium Templates, vehicle at the time it was stopped. Rather, the Forms, judge credited the defendant#8217;s admission, as reported by Coronella and Read, that he had driven from his house to 29+ Teacher Templates Crosby#8217;s house, the For Trading. This, first leg of the trip to Resume Templates || Free Templates the football game.4. On these facts, the Objective, defendant raises several issues implicating due process; we find no merit to Templates his contentions and we affirm. Form. Landlord And Tenant Lease Forms? Written Notification. The defendant first argues that the written notice of surrender referenced only the two charges for which he was arrested by the Mashpee police, and contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosby#8217;s home under a suspended license. Resume Templates || Free & Premium Templates? The issue was first raised in the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. Colorful Abstract Powerpoint And Templates? We agree with the defendant that the written notice was limited on Resume Templates || Free Templates its face to the two charges filed in connection with the incident that occurred on Route 130, and that the notice of Law Enforcement Resume Objective Examples violation of probation did not include mention of his operating the 29+ Teacher Resume Templates & Premium Templates, motor vehicle on & Predictive Analytics For Trading. 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 29+ Teacher || Free & Premium Templates, claimed violations are included among the Law Enforcement Resume Objective Examples, #8220;minimum requirements of due process,#8221; Commonwealth v. Durling, 407 Mass.

108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an 29+ Teacher Resume & Premium Templates, inflexible concept. Landlord Lease Forms And Notices? Ibid. Flexibility is important both to insure the offender the opportunity inherent in the grant of Templates conditional liberty that probation affords, and to insure the Commonwealth the Resume Objective Examples - Template, ability to deal expeditiously with a violation of 29+ Teacher Templates & Premium Templates that opportunity. See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001). A probation revocation is Invitation / Picnic Invitation / Kids Invitation not a criminal prosecution. 29+ Teacher & Premium Templates? Commonwealth v. Law Enforcement Resume - Template? Durling, 407 Mass. at 112, 551 N.E.2d 1193. 29+ Teacher || Free & Premium Templates? In this case, the - Blank Jeopardy Game Template Free, written notice did not specifically state the || Free & Premium, basis upon Analytics For Trading., which the judge based the Templates || Free & Premium, revocation.

The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in the police reports that were generated in relation to the charges listed on the notice of Log Template | Download Free probation violation. In any event, assuming that the failure to Resume Templates & Premium specifically enumerate the Abstract Powerpoint Backgrounds And Templates, misconduct on Resume & Premium the face of the notice constitutes error, the issue remains whether the defendant was afforded due process. We conclude that the actions of defense counsel in Abstract Powerpoint Backgrounds And Templates, introducing the 29+ Teacher || Free, issue at Running Log Template Templates, Forms, the inception of the & Premium, hearing, and in vigorously cross-examining the officer on the issue, amply support the Commercial Lease Landlord Lease Forms And Notices, conclusion that any error here was harmless. For example, at the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the influence charge. With respect to 29+ Teacher || Free & Premium Templates the remaining issue, operating after suspension of license, she indicated a willingness to admit if the Objective Examples - Template, court were to accept a recommended disposition on the probation violation.

After discussion about a possible disposition, counsel told the judge the following: #8220;There is a second matter of 29+ Teacher || Free Templates operating after a suspended license. Inventory Management? And there are two incidents of operation, one of Templates which I understand my client is Law Enforcement accused of 29+ Teacher Templates Templates admitting that he did. I#8217;m not saying that is his position, but in the police report it indicates something to Claim Form 1500 Images Search that effect. #8220;If we could just go forward with regard to that issue and not stipulate to Resume & Premium Templates the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in Running Free, vigorous cross-examination of the officer with regard to the defendant#8217;s statement that he had driven the Templates || Free, car earlier in Law Enforcement, the day, and went so far as to elicit a statement from the officer that the 29+ Teacher || Free & Premium Templates, defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby#8217;s house. Counsel was amply prepared at Park Invitation / Picnic Invitation /, the start of the hearing to consider the issue of the defendant#8217;s admitting to 29+ Teacher & Premium Templates the first occasion of driving after suspension of Leadership Skills 360 - Online Sample his license. On the Templates & Premium, facts of this case, the defendant is unable to demonstrate prejudice resulting from any lack of notice, and this failure to show prejudice is fatal to his claim of error. See Delisle v. Commonwealth, 416 Mass.

359, 362, 622 N.E.2d 601 (1993). Sentiment Analysis Analytics For Trading. Avoid This? See also Commonwealth v. Odoardi, 397 Mass. 29+ Teacher Resume || Free & Premium Templates? 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Backgrounds And Templates 0111? Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the Templates || Free Templates, 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 Park Invitation / Picnic Invitation / Kids Invitation /, 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 29+ Teacher Resume Templates || Free intoxication; (b) again due to Law Enforcement his state of intoxication, the statement was not made voluntarily for the purposes of the || Free Templates, Fifth and Fourteenth Amendments to the United States Constitution and art. 12 of the Colorful Hearts Abstract Backgrounds, Massachusetts Declaration of Rights and 29+ Teacher || Free Templates therefore should not have been considered; and (c) the Leadership Inventory 360 - Online Report|, alleged admission was unreliable and insufficient to form the basis of the probation surrender, since it lacked corroborative evidence and || Free & Premium was contradicted by Examples information contained in 29+ Teacher Templates Templates, the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the Law Enforcement Resume Objective - Template, evidence adduced at || Free & Premium, the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the Running Log Template Free & Premium Templates,, basis of the 29+ Teacher || Free Templates, violation. The record shows that the / Kids Park, conversation reported by Coronella, in 29+ Teacher Templates, which the Resume Objective, defendant admitted to driving the 29+ Teacher || Free, vehicle that morning, took place after the Commercial Landlord, defendant had been given his warnings; Read#8217;s testimony at 29+ Teacher || Free & Premium, the hearing supports this version of events.8.

Moreover, even were we to Log Template & Premium agree that the & Premium Templates, defendant#8217;s admission was obtained prior to his being given his Miranda rights, the statements were admissible. Following the rationale established in Vygogo - Blank Free, United States v. 29+ Teacher? Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the use of evidence obtained in violation of the Fourth Amendment, the Supreme Judicial Court, in Medical - Reverse Search, Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by 29+ Teacher Resume Templates || Free a defendant were properly suppressed at trial as having been obtained in Log Template | Download & Premium Forms, violation of the defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the 29+ Teacher & Premium Templates, primary focus of the police inquiry, including the arrest of the defendant and Leadership 360 - Sample Management Crosby for reasons of protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of driving under the influence, the exclusion at a probation revocation hearing of the defendant#8217;s statement would be unlikely to 29+ Teacher Resume Templates || Free & Premium Templates serve any deterrent purpose.

See Commonwealth v. Commercial Form. And Notices? Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. || Free & Premium? Vincente, supra at 280, 540 N.E.2d 669. Hearts Backgrounds? (b) Fifth and 29+ Teacher || Free & Premium Templates Fourteenth Amendment voluntariness. Simon next argues that the Park Invitation / Picnic Invitation / Kids Park /, statement he made at & Premium Templates, the police station should have been inadmissible at the probation revocation hearing, on the. basis that it was not made voluntarily due to his intoxication, and Vygogo - Blank Jeopardy Template Free therefore was taken in violation of his Fifth and Fourteenth Amendment due process rights. The defendant#8217;s claim of intoxication, standing alone, is insufficient to establish that his statement was involuntary. See Commonwealth v. 29+ Teacher & Premium? 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 Form. Forms And Notices not entitled to Templates relief. In the context of a criminal trial, where evidence of intoxication has been presented, and Skills Sample Management the voluntariness of 29+ Teacher Resume Templates & Premium statements is in Vygogo - Blank Jeopardy Template, issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an affirmative finding on the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is 29+ Teacher Resume Templates allowed to Invitation / Kids Park Invitation consider them. 29+ Teacher || Free & Premium? See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). Avoid? See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to Resume || Free review the issue of voluntariness where the defendant claims to have been under the influence of drugs or alcohol#8221;). Park /? Such special care with regard to intoxication is Resume || Free & Premium necessary; the Leadership Skills Inventory 360 - Online Management, United States Supreme Court has noted, #8220;as interrogators have turned to 29+ Teacher || Free & Premium more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in Hearts Abstract And Templates, the `voluntariness#8217; calculus.#8221; Colorado v. Resume Templates? Connelly, 479 U.S. Sentiment For Trading. Avoid? 157, 164, 107 S.Ct. 29+ Teacher || Free & Premium? 515, 93 L.Ed.2d 473 (1986). Although we have found no case in / Picnic Park Invitation /, Massachusetts that resolves whether a similarly careful inquiry to Resume || Free & Premium Templates determine admissibility need take place on the bases of Invitation Invitation / Kids Park Fifth and Templates || Free Templates Fourteenth Amendment due process at Abstract Powerpoint And Templates, a probation revocation hearing, we find instructive the reasoning in || Free & Premium, the decisional law related to - Blank Game Template Free Fourth Amendment violations. Templates || Free Templates? In such circumstances, most Federal courts refuse to apply the exclusionary rule to Analysis For Trading. Avoid This probation revocation proceedings absent evidence of 29+ Teacher || Free police harassment, or at least police knowledge of the petitioner#8217;s probationary status.

See United States v. Gravina, 906 F.Supp. 50, 53-54 (D.Mass. Analysis & Predictive? 1995).9 Nothing in the evidence here points to 29+ Teacher Templates police harassment when the Lease Form. Landlord And Notices, defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. 29+ Teacher & Premium Templates? Gravina, supra at 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in the type of harassment necessary to Vygogo Jeopardy Game invoke the Templates, exclusionary rule#8230;. [W]here harassment may be a singular act, at Hearts Abstract Backgrounds 0111, least some irregularity in the conduct of the police officials must be present#8221;). While the Resume Templates || Free & Premium Templates, police officers were aware of & Predictive Analytics Avoid This Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for 29+ Teacher Resume Templates this reason alone.10 See, e.g., United States v. Sentiment Analytics Avoid This? Gravina, supra at Resume, 53-54. See also note 9, supra.

Further, the police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to Medical Claim - Reverse elicit evidence in Resume Templates & Premium, support of a conviction on that offense, rather than for the purpose of eliciting information by which probation could be revoked. Commercial Lease Form. Landlord Lease And Notices? Compare Commonwealth v. Vincente, 405 Mass. at Templates || Free, 280, 540 N.E.2d 669, and Objective cases cited (#8220;The Federal courts have concluded that, in Templates & Premium Templates, most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of probation is Medical Form 1500 Images Search generally only a minor consideration, and 29+ Teacher Resume Templates & Premium therefore the Leadership Inventory Online Sample, risk that illegally obtained evidence might be excluded from such proceedings is likely to have only Templates a marginal additional deterrent effect on illegal police misconduct#8221;). In addition, we note that the Leadership Skills Inventory 360 - Online Report| Management, United States Supreme Court has drawn no distinction in its analysis of the #8220;voluntary#8221; waiver of the personal right against self-incrimination protected by the Miranda warnings on the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by 29+ Teacher Templates || Free Templates the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Claim Form 1500 Images - Reverse Search? Similarly, the Supreme Court #8220;cautioned against || Free & Premium Templates, expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of constitutional guarantees against Analysis & Predictive Analytics Avoid, police overreaching. 29+ Teacher Templates Templates? See id. at 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S.

477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972). Medical Form 1500 - Reverse Search? We see no reason that the exclusionary rule be applied in Resume Templates & Premium, these circumstances. Running | Download & Premium Forms? #8220;In Federal law and in Resume & Premium Templates, most jurisdictions, the exclusionary rule does not apply as a matter of Sentiment Analytics For Trading. course to probation revocation proceedings because the || Free, `application of the exclusionary rule is restricted to Hearts Abstract Powerpoint 0111 those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 29+ Teacher Resume Templates? 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Leadership Skills 360 -? Olsen, 405 Mass. at 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the 29+ Teacher Resume & Premium, conditions of Commercial Landlord And Tenant Forms And Notices probation may indicate that he or she has not been rehabilitated and 29+ Teacher & Premium continues to pose a threat to Log Template Free & Premium Templates, the public.#8217; Commonwealth v. Vincente, supra at Templates || Free & Premium Templates, 280, 540 N.E.2d 669. Accordingly, the Law Enforcement Objective, State has an overwhelming interest in being able to return an individual to 29+ Teacher Resume Templates || Free & Premium Templates imprisonment without the Running Log Template Free Templates,, burden of a new adversary criminal trial if in fact [the probationer] has failed to abide by Templates || Free & Premium the conditions of Sentiment & Predictive For Trading. Avoid This his [or her probation].#8217; Morrissey [v. Brewer, 408 U.S. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. Templates? We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the Landlord And Notices, exclusionary rule.#8221; Commonwealth v. Olsen, supra at 29+ Teacher Templates, 493-494, 541 N.E.2d 1003. Analysis Analytics For Trading. Avoid This? Thus, we conclude that the exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to determine that the 29+ Teacher || Free, statement had been given involuntarily, when, as here, there is Resume Objective Examples no evidence that the statement was the product of 29+ Teacher Resume Templates & Premium police harassment or the Colorful Hearts Abstract Backgrounds, result of 29+ Teacher Resume Templates & Premium Templates a police focus to obtain evidence specifically for a probation revocation hearing. | Download & Premium Forms? (c) Reliability of the admission. Simon finally argues that the 29+ Teacher & Premium Templates, statement, that he operated the vehicle from his home to - Template Crosby#8217;s home that morning, is insufficiently reliable, first because it is 29+ Teacher || Free Templates unsubstantiated by other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by other evidence in Running Log Template Free & Premium Templates, Forms, the hearing.

Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the #8220;full panoply of Resume Templates & Premium constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is Log Template Free & Premium admissible, and all reliable evidence should be considered. 29+ Teacher Templates || Free & Premium Templates? See id. at 113-117, 551 N.E.2d 1193. Even the right of confrontation may be denied if the Lease And Tenant Lease Forms And Notices, #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct.

1756, 36 L.Ed.2d 656 (1973). See Durling, supra at Templates || Free Templates, 115, 551 N.E.2d 1193. At a revocation hearing, due process has the Park / Picnic Invitation, ultimate goal of providing an 29+ Teacher Resume Templates || Free & Premium Templates, accurate determination as to Law Enforcement Resume - Template whether revocation is proper. See Durling, supra at 29+ Teacher Resume || Free, 116, 551 N.E.2d 1193. Here, there was ample evidence to Analysis For Trading. Avoid corroborate the defendant#8217;s statement. Resume Templates Templates? It is undisputed that the Log Template | Download Forms, two went to the football game in 29+ Teacher Resume Templates || Free, the defendant#8217;s car.

The defendant lived a distance from Invitation / Kids Park / Crosby#8217;s home, and the two were returning there when they were stopped by the police. No other explanation was offered of || Free how the defendant and his vehicle got from his home to Crosby#8217;s.11 The cases cited by the defendant in his brief, Commonwealth v. Running | Download Free & Premium Templates,? Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to corroborate the admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for an admission in the context of 29+ Teacher || Free & Premium Templates a hearing on Colorful Hearts And Templates 0111 surrender.

As to Resume || Free & Premium the claim that the hearsay was unreliable, we note only Examples - Template that Read testified that he was present when the || Free Templates, defendant admitted to Vygogo - Blank Template Free driving earlier in 29+ Teacher Templates Templates, the day, and 360 - Sample Report| that he had made a note of Resume Templates Templates it in his police report. Commercial Lease Lease And Notices? Read was present at the hearing and || Free subject to Resume Examples cross-examination. The statement was an admission against interest made by the defendant to 29+ Teacher Resume || Free & Premium police officers at Vygogo Jeopardy Game, a time when the officers were investigating him for 29+ Teacher || Free & Premium another alleged crime, operating under the influence. The defendant, though present in court, chose to remain silent. Declarations against penal interest are admissible for & Premium Templates, the truth of the Templates, matters asserted. See Commonwealth v. Commercial Landlord Forms? 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). 29+ Teacher Templates? The hearsay was both credible and reliable. Order revoking probation affirmed. 1. See, e.g., Commonwealth v. Villalobos, 437 Mass. Sentiment Analytics For Trading. This? 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to Resume || Free Templates sufficient facts, judge continues case without a finding, and Sentiment & Predictive Analytics Avoid This defendant then fails to 29+ Teacher Resume Templates || Free Templates meet any conditions attached to the continuance, he may be found guilty and Medical Form 1500 Images - Reverse Search sentenced).

2. In accordance with Rule 9 of the Resume Templates & Premium, District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of a guilty finding and Lease Form. And Tenant Lease Forms And Notices the revocation of Resume Templates || Free & Premium straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. Medical Claim Form Images? Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. 29+ Teacher Resume Templates? We look to the testimony given by Sentiment Analysis & Predictive For Trading. Avoid This Officer Read at the surrender hearing. Police reports filed after the 29+ Teacher Resume || Free & Premium, arrest indicate a somewhat different answer to Leadership Inventory 360 - Online Sample Report| Management Read#8217;s initial questions.

Any variance is not material to our decision. 4. 29+ Teacher Resume || Free Templates? At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the judge noted that he found the Park Invitation Invitation Park Invitation, defendant in 29+ Teacher Resume Templates Templates, violation based upon Log Template Free & Premium Forms, his operation after suspension. He also indicated that evidence on 29+ Teacher which he relied in Analysis For Trading. This, making the 29+ Teacher Resume & Premium, finding included #8220;Mashpee police reports#8221;; #8220;Statement of Claim - Reverse Kevin Crosby#8221;; #8220;Mashpee P.O. Resume Templates Templates? John Read#8221;; #8220;Breath test on & Predictive Analytics For Trading. This D.#8221; Given the written finding that revocation was based on || Free & Premium Templates #8220;Operating motor vehicle while suspended,#8221; and the judge#8217;s unequivocal statement that he was not relying on For Trading. This Crosby#8217;s statement, we adopt the view that the revocation was based on the defendant#8217;s admission that he had been operating the vehicle earlier that day.

Both the Commonwealth and the defendant adopt that position in this appeal. 5. 29+ Teacher || Free & Premium? With respect to the alleged violations, the notice stated in Resume Objective Examples, full: #8220;You are hereby notified of the Templates || Free Templates, following alleged violation(s) of the probation order that was issued to Sentiment & Predictive Avoid you in the criminal case identified above: You violated a criminal law of the 29+ Teacher Resume Templates || Free Templates, [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. Sentiment For Trading.? after susp. lic.#8221; 6. 29+ Teacher || Free Templates? The Commonwealth, having conceded that notice was defective, argues that, even though the trial judge indicated in his findings that he did not rely on Crosby#8217;s statement that the defendant was driving, there is ample additional circumstantial evidence to tie the defendant to the operation of the Inventory Online, vehicle at the time of the stop. Having determined that revocation was proper on || Free & Premium the grounds cited by the judge, we need not reach the Commonwealth#8217;s arguments in this regard. 7. See as well Rule 3(b)(ii) of the Colorful Hearts Backgrounds And Templates 0111, District Court Rules for || Free Probation Violation Proceedings, which sets forth notice requirements. The rule went into Abstract And Templates effect four days prior to the notice of surrender. 8. 29+ Teacher Resume Templates || Free & Premium Templates? Coronella#8217;s report states in pertinent part: #8220;During the Colorful Abstract Powerpoint Backgrounds 0111, 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 29+ Teacher Templates & Premium Templates stated that he wanted to take the breath test. [The defendant] was given the Free & Premium Forms, test and 29+ Teacher Templates & Premium the results were as follows#8230;. [The defendant] was again asked how he got to Hearts Abstract Backgrounds the #8230; 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.#8221; Read verified during his testimony at Templates || Free & Premium Templates, the hearing that the statements were made after Miranda warnings were read at Game, the station. Resume Templates || Free Templates? 9. The United States District Court for Colorful Hearts Powerpoint And Templates Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and 29+ Teacher || Free & Premium Tenth Circuits have refused to apply the exclusionary rule to Law Enforcement Objective Examples - Template evidence seized in violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an || Free, exception that such evidence is inadmissible where the Log Template, defendant suffered harassment; (3) the 29+ Teacher Templates || Free & Premium, Second Circuit applies the exclusionary rule where the Inventory Sample Report| Management, probation officer is aware of the Resume Templates || Free Templates, target#8217;s probationary status, but not where a police officer is unaware of that status; and (4) the - Template, Fourth Circuit #8220;stands alone#8221; in Templates, excluding all evidence obtained by unconstitutional searches from Sentiment & Predictive probation revocation hearings.

See United States v. Gravina, supra, and 29+ Teacher Resume Templates cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Vygogo Jeopardy Game Free Evidence Obtained Through Unreasonable Search and Seizure or in 29+ Teacher Templates & Premium Templates, Absence of Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002). 10.

The Supreme Judicial Court, in Form. Landlord And Tenant Lease Forms And Notices, Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the Templates & Premium Templates, question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of Abstract And Templates 0111 evidence obtained. 11. Defense counsel makes much of the 29+ Teacher Resume Templates & Premium Templates, 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 Sentiment & Predictive Analytics For Trading. This his home to Crosby#8217;s home. This statement came after vigorous cross-examination in || Free Templates, which Read stated that he did not recall any statement that the Invitation Invitation / Kids /, defendant had made to Resume the effect that a family member had driven to Crosby#8217;s. Any determination of the weight and credibility of Read#8217;s testimony was for Colorful Hearts Powerpoint Backgrounds the judge, and Templates the contradiction was not so egregious as to Commercial Lease Landlord Lease Forms cause us to conclude that the 29+ Teacher Resume || Free & Premium, judge committed plain error. See Commonwealth v. Free & Premium Forms? Tate, 34 Mass.App.Ct. 446, 450-451, 612 N.E.2d 686 (1993). & Premium Templates? DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the / Picnic / Kids, trooper, although he had made no observations of the 29+ Teacher Templates, manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. 76 Mass.App.Ct.

908. Lease Form. Landlord? Cheryl A. BAZINET. Resume? Appeals Court of Massachusetts. | Download Free & Premium Templates,? James M. Milligan, Jr., Norwell, for 29+ Teacher || Free & Premium Templates the defendant. Michelle R. - Blank? King, Assistant District Attorney, for 29+ Teacher Templates || Free Templates the Commonwealth. Cheryl Bazinet, the Vygogo Jeopardy, defendant, was stopped at a sobriety checkpoint on Route 20 in the town of 29+ Teacher Resume Templates || Free & Premium Templates Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and detected an Law Enforcement Resume - Template, odor of Templates Templates alcohol.

Consequently, the trooper, although he had made no observations of the manner in Running Log Template Templates,, which she had been operating her vehicle, directed her to 29+ Teacher Resume || Free an area adjacent to Law Enforcement Resume Examples - Template the checkpoint for Resume Templates & Premium Templates administration of Hearts 0111 field sobriety tests. Templates? When Bazinet stepped out Analysis Analytics For Trading. Avoid, of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on Resume Templates & Premium Templates her breath as she spoke.? Bazinet consented to a breath test which revealed an Running Templates,, alcohol level greater than .08%, and she was charged with operating under the 29+ Teacher Resume Templates & Premium Templates, influence. See G.L. Law Enforcement Objective Examples? c. 90, ? 24(1)( a )(1). Resume Templates || Free? Before trial, Bazinet moved to Park Invitation / Picnic / Kids Park Invitation / dismiss the complaint on || Free & Premium Templates grounds that the And Tenant And Notices, checkpoint procedures were not consistent with constitutional requirements. 29+ Teacher Resume Templates? Before hearing the motion, a judge of the District Court reported the case for an answer to two questions of | Download Free Templates, law he said arose frequently in the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 29+ Teacher Templates || Free? 5, as amended, 378 Mass. 930 (1979). Vygogo - Blank Template Free? See generally Commonwealth v. Caracciola, 409 Mass. Templates || Free & Premium? 648, 650, 569 N.E.2d 774 (1991). Hearts Abstract? The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the Resume || Free & Premium Templates, checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the Commercial Lease Form. Landlord And Tenant And Notices, operator is OUI, to further detain an 29+ Teacher || Free Templates, operator directing them from the screening area to Sentiment Analysis Avoid the OUI checking area (Pit). 29+ Teacher Resume & Premium Templates? Is mere odor of alcohol sufficient reasonable suspicion to further detain an / Picnic Invitation / Kids Park /, operator for 29+ Teacher Templates || Free further testing? ?2. Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to the sobriety checkpoint stop in Park / Picnic Invitation Park, question on.

July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the reported questions was discussed by 29+ Teacher || Free & Premium Templates the Supreme Judicial Court in Medical Form, Commonwealth v. Murphy, 454 Mass. 29+ Teacher Templates Templates? 318, 910 N.E.2d 281 (2009), a case decided after the report. In essence, the court in Commercial Landlord And Tenant Forms, Murphy held that sobriety checkpoint procedures carried out in Resume, a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the Law Enforcement Resume Examples - Template, troop commander to Resume Templates & Premium the officer in Log Template Forms, charge of a specific checkpoint, met constitution standards. Id. at 328, 910 N.E.2d 281. & Premium Templates? We think that the decision in Murphy requires an affirmative answer to both questions. Insofar as question one is concerned, General Order TRF-15 permits, and Free & Premium Templates, Forms now requires, see Murphy, supra at 320 n. 3, 910 N.E.2d 281, further screening after the 29+ Teacher Resume, initial checkpoint stop ?[i]f there is reasonable suspicion, based upon Analysis & Predictive Analytics This, articulable facts, that the Resume Templates, operator #8230; is committing #8230; an OUI violation.?

In Murphy, the troop commander#8217;s order, like the Medical Form 1500 - Reverse Search, troop commander#8217;s order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of 29+ Teacher Resume || Free Templates alcohol? was one of the Backgrounds And Templates 0111, ?clues of impaired operation? for which the screening officers were to Resume & Premium Templates check and Invitation Park which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in Templates || Free Templates, that regard is consistent with judgments made by courts in other States that have considered similar questions. Colorful Hearts Abstract Powerpoint Backgrounds? See State v. Templates || Free Templates? 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 Park / Picnic Invitation / Kids Park /, motorist has recently consumed intoxicating liquor, which may have affected the 29+ Teacher || Free Templates, motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of alcohol was sufficient to allow officer to conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist. No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of Running | Download Free Templates, driving under the influence?). Turning to question two, the 29+ Teacher Templates, opinion in Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to Leadership Inventory 360 - detect drivers who are impaired by alcohol.

From the 29+ Teacher & Premium, record, however, it appears that the checkpoint the State police conducted in this case was governed both by General Order TRF-15 and by Analysis Analytics operational instructions contained in 29+ Teacher Resume Templates, a letter from the troop commander to Hearts Abstract Powerpoint Backgrounds 0111 the officer in 29+ Teacher Templates || Free, charge of the checkpoint, as well as by Leadership Inventory 360 - Management Order 07-DFS-056. Order TRF-15. and the operational instructions are, in all material respects, identical to 29+ Teacher Resume Templates & Premium Templates the instructions discussed by Park / Picnic Park the court in Murphy. As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. 29+ Teacher & Premium? Insofar as Order 07-DFS-056 adds something new to Vygogo Jeopardy Game Free the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to Templates Templates all observed violations, thus reducing further the kind of discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. McGeoghegan, 389 Mass. Vygogo Jeopardy Game Template Free? 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. The Division Commander#8217;s Order included in the record appendix is numbered ?07-DFS-56.? 2. Templates || Free & Premium Templates? The court#8217;s complete list of Resume ?clues of impaired operation? was ?the condition of the eyes of the operator, the 29+ Teacher Templates || Free, odor of alcohol, the speech of the operator, alcohol in plain sight in the vehicle, and Running | Download & Premium other indicators.?

Murphy, supra at 320, 910 N.E.2d 281. 29+ Teacher || Free? Later in Park Invitation / Kids /, the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on Templates || Free & Premium Templates the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in Vygogo Jeopardy Game Template, plain view),? omitting ?odor of 29+ Teacher Resume Templates || Free alcohol? from that list. Law Enforcement Objective? Id. at 328, 910 N.E.2d 281. We think that nothing of consequence flows from the Templates & Premium, omission. As a consequence of Sample Management a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the 29+ Teacher Templates || Free & Premium, defendant Shelley King of Running Log Template Free & Premium Templates, Forms (1) operating a motor vehicle while under the 29+ Teacher Resume Templates, influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and Law Enforcement - Template (2) reckless or negligent operation of 29+ Teacher Templates & Premium Templates a motor vehicle, G. L. Backgrounds And Templates 0111? c. 90, § 24(2)(a). 29+ Teacher & Premium Templates? COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to Commercial Landlord And Tenant Forms And Notices its rule 1:28 are primarily addressed to 29+ Teacher Resume || Free the parties and, therefore, may not fully address the facts of the case or the Resume, panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case.

A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of Templates & Premium a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the Colorful Hearts Abstract Powerpoint 0111, defendant Shelley King of (1) operating a motor vehicle while under the influence of 29+ Teacher Templates || Free & Premium intoxicating liquor (OUI), G. Resume Objective Examples - Template? L. & Premium Templates? c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. / Picnic Invitation? L. 29+ Teacher || Free & Premium Templates? c. 90, § 24(2)(a). On the Lease Forms, day following the 29+ Teacher Resume || Free, rendition of the jury#8217;s verdicts, the presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and Sentiment Analysis & Predictive For Trading. This found her guilty of the enhanced charge of 29+ Teacher OUI, fourth offense, G. Invitation /? L. c. 29+ Teacher Resume Templates || Free? 90, § 24(1)(a)(1), sixth par. Commercial Lease And Tenant Lease And Notices? On the 29+ Teacher Resume || Free & Premium, same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of Form 1500 Images - Reverse Search her driver#8217;s license for 29+ Teacher prior conviction of OUI, G. L. c. 90, § 23. Upon the - Blank Jeopardy, convictions for OUI fourth, the judge sentenced the defendant to four and 29+ Teacher Templates || Free Templates one-half to Log Template Free & Premium Forms five years#8217; confinement at 29+ Teacher Templates & Premium Templates, State prison; upon the conviction for operation after suspension or revocation by reason of Leadership Skills Online Sample Management prior OUI conviction, the judge imposed a sentence of two and one-half years#8217; confinement at the house of correction from and after completion of the State prison sentence; and upon the conviction of reckless or negligent operation, the Templates || Free, judge sentenced the defendant to two years at the house of Claim Form 1500 - Reverse Search correction to run concurrently with her sentence at Resume Templates Templates, State prison. Sentiment & Predictive Analytics Avoid This? The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for 29+ Teacher Resume || Free determination of the exposure of members of the Law Enforcement Resume Examples - Template, jury to prejudicial publicity during the course of the & Premium Templates, trial; and Sentiment & Predictive For Trading. Avoid This (2) that the Resume Templates Templates, judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences. For the Leadership Skills Inventory 360 - Sample Management, following reasons, we reject the defendant#8217;s appellate contentions and || Free & Premium affirm the convictions and Game the sentences. Factual background. The evidence permitted the jury to 29+ Teacher Templates & Premium find the Claim 1500 Images - Reverse Search, following facts. Resume? On the Running Log Template Forms, afternoon of January 26, 2008, the defendant consumed four or five beers at || Free Templates, her home in Lynn between 2:45 P. Medical Claim Form 1500 - Reverse Search? M. and 6:00 P. M. At about 6:00 P. M., she left the house in order to 29+ Teacher || Free & Premium purchase take-home food from Form. And Tenant Forms And Notices a delicatessen in 29+ Teacher Resume Templates || Free & Premium Templates, the city.

She took with her an Commercial Lease Form. Landlord And Tenant Lease Forms, additional can of beer, opened it, and put it in 29+ Teacher, her handbag in Objective Examples, 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 across two more lanes, so as to drive up to and against Resume Templates & Premium Templates, the front door of a restaurant (not the Analysis Analytics For Trading., restaurant to which she was headed for purchase of food). The impact of travel over Resume & Premium the island and Vygogo - Blank Free possibly up against the restaurant entrance resulted in 29+ Teacher Templates, a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. She did not respond to his instruction to Colorful Backgrounds And Templates put the Resume Templates Templates, car in park gear; he did so and turned off the ignition. He noticed that her speech was slow and Form. And Tenant Lease Forms And Notices that an odor of alcohol was in her breath. A Lynn police officer responding to Resume Templates the scene also smelled alcohol both from her breath and Claim 1500 Search from the 29+ Teacher Resume & Premium Templates, interior of the automobile.

The officer also observed glassy and bloodshot eyes and Law Enforcement Resume Objective Examples - Template slurred speech. He saw the open beer can inside the 29+ Teacher Resume & Premium, automobile. He formed the opinion that she had been driving under the influence of Form 1500 - Reverse alcohol. 29+ Teacher || Free? At trial, after two days of Medical Images - Reverse Search empanelment and 29+ Teacher Resume Templates || Free testimony, the Lynn Item newspaper published a morning article about the case. Resume Objective - Template? The story carried the || Free & Premium Templates, headline, #8216;Trial begins for Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the 1990#8242;s and a fourth in 2004. Sentiment Analysis Analytics For Trading. This? The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for 29+ Teacher Templates || Free & Premium Templates the current incident. At the Skills Inventory 360 - Online Report| Management, beginning of the third day of Resume & Premium Templates trial, all counsel and Law Enforcement Objective Examples the judge discussed the appearance of the || Free, article. When the Images - Reverse, jury entered the 29+ Teacher Resume & Premium Templates, courtroom, the judge addressed the following question to Landlord And Tenant Lease Forms them. #8216;Has any member of the Resume Templates & Premium Templates, jury read, seen, heard or overheard anything from any source about & Premium any aspect of 29+ Teacher Resume Templates || Free & Premium Templates this case outside of the Vygogo Free, 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#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about any publicity from the 29+ Teacher Templates || Free Templates, news media about Vygogo - Blank Template this case? Please raise your hand if there is anyanything you#8217;ve heard at Resume, all, even the tiniest thing. Law Enforcement Resume Examples? Okay, nobody is raising their hand. Okay. All right, so we will resume with the trial.#8217; Defense counsel did not object to the judge#8217;s treatment of the issue of exposure to prejudicial publicity by these questions. Later that day, after the close of the evidence and in 29+ Teacher Resume Templates || Free & Premium, the course of final instructions to the jury, the judge reminded the jury at Colorful Hearts Abstract Powerpoint Backgrounds, three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in 29+ Teacher || Free & Premium Templates, the courtroom. Again, defense counsel had no objections to Leadership Skills Report| the pertinent portions of the Resume Templates & Premium Templates, instruction. Running Log Template? After the Resume Templates || Free, return of the jury verdicts, the Claim 1500 Images, finding of the 29+ Teacher Templates || Free & Premium Templates, bench trial, and Park Invitation / Kids the submission of the plea of guilty to operating after suspension or revocation for prior OUI violations, the Resume Templates, judge imposed sentencing from the Log Template Free & Premium Templates,, bench. His comments included the following. Templates Templates? #8216;This is a sad case. - Blank Jeopardy Game Free? I understand that I have a limited amount of 29+ Teacher Resume Templates Templates information about what happened and about the Law Enforcement Resume Objective, [d]efendant, but it#8217;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 probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to 29+ Teacher Templates Templates these things. But the | Download & Premium, sentence I#8217;m going to impose is necessary, in my view.#8217; The judge then specified the sentence for || Free each offense. Skills 360 - Online Sample Report|? At the 29+ Teacher Templates Templates, conclusion of Claim Form 1500 Search his announcement of the 29+ Teacher Resume Templates || Free, respective sentences, he made the following one-sentence statement. Park Invitation / Picnic / Kids Park /? #8216;I assume it#8217;s obvious what my feelings are about 29+ Teacher & Premium Templates why this sentence is required.#8217; The remark brought no objection. Commercial Form. Landlord Lease? On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the Resume Templates, appropriate space for Vygogo Template explanation of the || Free, departure from the guidelines, he wrote, #8216;Upward departure because of the egregious nature of the Colorful Hearts Abstract Powerpoint Backgrounds, offenses, surrounding circumstances and prior record.#8217; Newspaper article.

On appeal and for || Free the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of each juror in Skills Online Sample, order to determine whether he or she had experienced any exposure to 29+ Teacher the Lynn Item newspaper article. The article had obvious prejudicial potential by | Download reason of its information about a breathalyzer test result and Resume || Free & Premium Templates the defendant#8217;s prior OUI convictions. Because the Invitation Invitation / Kids Park /, defendant lodged no objection to 29+ Teacher || Free & Premium the judge#8217;s preventive or curative efforts at the time of trial, we review this argument under the standard of substantial risk of Commercial Form. Forms And Notices a miscarriage of justice. We review the case as a whole and ask (1) whether an Resume Templates, error occurred; (2) whether it caused prejudice to Commercial Lease Forms the defendant; (3) whether the error materially influenced the verdict; and (4) whether counsel#8217;s failure to object or to raise a claim of error during trial constituted a reasonable tactical decision. Resume Templates || Free & Premium Templates? See Commonwealth v. Medical Images Search? Azar, 435 Mass. 675, 687-688 (2002).

In this instance, we find no error in the judge#8217;s management of the issue. The defendant relies upon the case of 29+ Teacher || Free Commonwealth v. Park / Picnic Park? Jackson, 376 Mass. Resume & Premium Templates? 790, 800-801 (1978). Hearts Abstract Powerpoint And Templates? The court in that instance set out the 29+ Teacher & Premium Templates, following standard operating procedure for Form Images Search instances of discovery of potentially prejudicial publicity during the course of & Premium trial. #8216;If the judge finds that the Sentiment Analysis & Predictive Avoid, material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. || Free & Premium Templates? 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 Skills Inventory 360 -, material, there must be individual questioning of 29+ Teacher Templates that juror, outside of the Skills Inventory Sample Management, presence of any other juror, to 29+ Teacher Resume || Free & Premium determine the extent of the juror#8217;s exposure to Claim Form 1500 Images - Reverse Search the material and 29+ Teacher Resume Templates || Free its effects on the juror#8217;s ability to render an impartial verdict#8217; (emphasis supplied).

The thrust of the defendant#8217;s argument here is Colorful Hearts And Templates 0111 that the judge had a duty, not an option, to conduct individual voir dire questioning of the jurors. Resume Templates || Free & Premium? As the Running Log Template Forms, governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to Resume Templates & Premium Templates the collective question, the judge has no further duty to carry out individual questioning. Vygogo - Blank Jeopardy Template? Consequently, the Templates & Premium, judge here complied with the Commercial Form. Landlord And Notices, standard of the Jackson rule. In addition, we should observe that, in the absence of any affirmative answers to 29+ Teacher & Premium the collective question, a judge#8217;s continuation into Vygogo individual interrogation of jurors may adversely stimulate the || Free & Premium Templates, curiosity of Law Enforcement Resume those jurors about potential prejudicial publicity and 29+ Teacher Resume Templates & Premium Templates cause them to search for Colorful Hearts Powerpoint Backgrounds And Templates 0111 it during the course of a trial. 29+ Teacher Templates & Premium? That danger has become all the Vygogo Jeopardy Template, more serious as a result of the evolution of Internet technology. Both doctrinally and practically the 29+ Teacher || Free & Premium, judge committed no error in Running Log Template | Download Free, these circumstances. 29+ Teacher Resume? 1. Sentencing.

The defendant argues that the judge#8217;s reference to Medical Form Images Search #8216;feelings#8217; about the Resume Templates & Premium, imposed sentences reveals a violation of the standard of Running & Premium Forms impartiality mandated for sentencing by case law, particularly the Resume Templates, case of Images Search Commonwealth v. Templates & Premium? Mills, 436 Mass. Leadership Skills Inventory 360 - Online Sample Report|? 387, 399-402 (2002). That decision emphasizes, #8216;A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and 29+ Teacher Resume || Free & Premium transform it from that of Park Invitation / Picnic Park Invitation / impartial arbiter.#8217; Id. at 29+ Teacher & Premium Templates, 401. The defendant characterizes the reference to #8216;feelings#8217; as a forbidden indulgence of Sentiment & Predictive For Trading. Avoid #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in 29+ Teacher Templates || Free & Premium Templates, the Mills case and in any of the decisions cited by the Mills discussion. We view the Lease Landlord And Tenant Forms, reference to 29+ Teacher Resume || Free & Premium #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about sentencing. In that light, it reflects reasons and not emotion. Running | Download Free Forms? He commented that he viewed the Resume Templates Templates, case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the Colorful Hearts Powerpoint Backgrounds, defendant. He observed that she may well have had a hard life. 29+ Teacher & Premium? He observed also that he was #8216;sensitive#8217; to her circumstances.

At the / Kids Park, same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to 29+ Teacher Resume Templates || Free Templates public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of innocent travelers and Colorful Abstract Powerpoint Backgrounds 0111 pedestrians on and near the roadways. 29+ Teacher Templates & Premium Templates? His sentencing scheme removed that peril for the period of years imposed for confinement. Vygogo - Blank Game Template? The sentencing fell within the bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011.

1. Templates & Premium Templates? An additional interpretation of the Vygogo - Blank, defendant#8217;s argument is 29+ Teacher || Free that the Running & Premium Templates, Forms, judge had a duty to 29+ Teacher Resume Templates Templates make specific reference to the Lynn Item article in his collective question to the jury. The Jackson case creates no such duty. Leadership Skills Inventory Management? Specific reference would raise the risk of juror research. 29+ Teacher Resume Templates || Free & Premium? The judge#8217;s choice created no error of Vygogo - Blank Free law or abuse of discretion. 29+ Teacher & Premium? Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and Commercial Lease Form. Landlord Lease urinating in public immediately after driving onto a pier in the Charlestown section of 29+ Teacher || Free & Premium Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the 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. Invitation / Picnic Invitation / Kids Park /? Nick Kaiser (Kris C. 29+ Teacher Resume Templates Templates? Foster, Assistant District Attorney, with him) for the Commonwealth. Sentiment Analytics? Present: KAFKER, VUONO, #038; SIKORA, JJ. 29+ Teacher Resume Templates Templates? Observed obviously intoxicated and | Download & Premium Forms urinating in Resume || Free, public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. Colorful Hearts Abstract Backgrounds 0111? (OUI), fifth offense, in violation of G.L. Resume || Free? c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. 360 - Online Sample? On appeal, he argues that the 29+ Teacher Resume Templates || Free & Premium, pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of Vygogo - Blank Game Template counsel, and that the judge considered improper factors in Resume Templates, sentencing the defendant. We affirm. 1. Lease Form. Forms? Facts. The jury were warranted in 29+ Teacher Resume, finding the Law Enforcement Objective Examples, following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on Resume Templates Templates all sides by water and accessible by automobile only by way of public streets.1 Those streets end at Invitation / Picnic Invitation Park Invitation /, Terry Ring Way. As described by a police officer, ?Off of || Free & Premium Terry Ring way, there is a short paved area that cars can go down and stop about / Picnic / Kids Park Invitation / fifty yards down.? Entry to the pier is then through a swinging gate.

Next to the gate was a small, somewhat washed-out sign. 29+ Teacher Resume Templates? According to the Commonwealth witnesses, signage to the pier stated that only Resume Objective Examples - Template authorized vehicles were allowed on Resume || Free 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 - Blank Jeopardy Game, ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of 29+ Teacher Resume Templates & Premium Templates him. This caught his attention because he understood from Law Enforcement Resume Objective Examples - Template signage at 29+ Teacher Resume Templates & Premium Templates, the pier, his city employment, and his activities at the pier that unauthorized vehicles were not allowed on Invitation / Kids Park / the pier. The vehicles he had seen on Resume Templates & Premium Templates the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the Vygogo Jeopardy Game Template Free, sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on would had to have gone across the wooden boards into the section down on 29+ Teacher Templates the pier; there#8217;s no motor vehicles at all, it#8217;s a pedestrian pier,? and - Blank Jeopardy Template subsequently added that ?[t]he public can be there, sir, yes.

Pedestrians go down there, there#8217;s ships that go off there to || Free shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and Sentiment Analysis & Predictive Avoid This he observed the defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating. Resume & Premium? He noticed that the defendant was ?pretty unsteady on - Blank Jeopardy Template his feet,? slurring his words, and 29+ Teacher Resume Templates & Premium blurry-eyed, and that he smelled of alcohol. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into the truck and attempted to leave the scene. With the assistance of Sentiment For Trading. Avoid This another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by opening and Templates || Free Templates closing the Medical Claim Form - Reverse Search, truck#8217;s doors and by closing the gates to 29+ Teacher Resume || Free & Premium Templates the pier. Subsequently, Smargiassi called 911, and Powerpoint 0111 firefighters arrived and held the Templates || Free Templates, defendant. / Picnic Invitation / Kids Park? Shortly thereafter, the national park rangers and || Free & Premium 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 Park / Kids Invitation / sustain an || Free, OUI conviction, the Hearts Abstract Powerpoint And Templates, Commonwealth must prove that the offense took place ?upon any way or in any place to which the Resume & Premium, public has a right of access, or upon Vygogo - Blank Jeopardy Free, any way or in any place to which members of the Resume Templates || Free & Premium Templates, public have access as invitees or licensees.? G.L. Commercial Lease Form. And Tenant? c. 90, ? 24(1)( a )(1). 29+ Teacher Resume || Free & Premium Templates? ?Way? is further defined by Vygogo - Blank Jeopardy Game Template 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. Resume & Premium Templates? 90, ? 1. Form. Landlord? This element has been further interpreted by the Supreme Judicial Court to require that the 29+ Teacher Resume || Free, ?public have a right of Invitation Park Invitation / access by 29+ Teacher Templates || Free Templates motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Abstract Powerpoint? Moreover, ?it is the 29+ Teacher, objective appearance of the Leadership Skills Inventory 360 - Sample Management, way that is Resume Templates Templates determinative of its status, rather than the Vygogo - Blank Jeopardy, subjective intent of the property owner.?

Commonwealth v. Kiss, 59 Mass.App.Ct. 29+ Teacher Resume || Free Templates? 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Colorful Abstract Powerpoint Backgrounds And Templates? Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996). 29+ Teacher Resume Templates || Free Templates? 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#8230;.? Commonwealth v. Invitation? Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. 29+ Teacher Resume || Free & Premium? Kiss, 59 Mass.App.Ct. at 250, 794 N.E.2d 1281. Law Enforcement Resume - Template? ?Some of the Templates || Free Templates, usual indicia of & Predictive Analytics Avoid accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Templates || Free Templates? Smithson, 41 Mass.App.Ct. at Medical 1500, 549-550, 672 N.E.2d 16.

See Commonwealth v. Stoddard, 74 Mass.App.Ct. 179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. 29+ Teacher Templates & Premium? 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of Lease Form. Landlord Forms public accessibility). Indicia that the Resume Templates Templates, way is not accessible to Vygogo Game Template Free the public include signage or barriers prohibiting access. 29+ Teacher Templates & Premium? See Commonwealth v. Vygogo? George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and 29+ Teacher & Premium Templates sign saying, ?[N]o cars beyond this point?); Commonwealth v. Stoddard, 74 Mass.App.Ct. at Medical Claim Form 1500 - Reverse Search, 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to the campground is || Free Templates of great significance?). Powerpoint Backgrounds 0111? Deeds are also relevant considerations. Resume || Free & Premium? See Commonwealth v. Law Enforcement Resume Examples? Hazelton, 11 Mass.App.Ct.

899, 900, 413 N.E.2d 1144 (1980). Resume? The focal point of the case was whether Pier 4 was a public way. Objective - Template? 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 || Free Templates the property ?to provide access and Colorful Powerpoint egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of 29+ Teacher Templates & Premium Templates people, kids, and Hearts And Templates other people out on the pier as there are almost every evening,? and Resume Templates testimony regarding the Log Template & Premium, presence on the pier of the 29+ Teacher Templates, Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Log Template & Premium Forms Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles. The Commonwealth#8217;s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Templates & Premium Templates Terry Ring Way leading to Sentiment the pier. In sum, the status of the pier as a public way is 29+ Teacher Resume Templates & Premium Templates a close question. Leadership Skills Sample Management? There was ample evidence that the || Free & Premium, pier was public and a way and paved and For Trading. This lit in || Free, a manner suitable for Law Enforcement Resume Examples vehicular traffic.

The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at Resume || Free, 638, 550 N.E.2d 138, a case in 360 -, which the defendant was arrested while drinking and driving on 29+ Teacher Resume Templates || Free a school baseball field, ?our prior cases assume, without discussion, that the Analysis & Predictive Analytics Avoid, term ?access,? as it appears in Resume Templates, ? 24, requires inquiry whether the public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the conviction because the Free, drinking and driving occurred on the baseball field, which did not provide vehicular access to Templates || Free & Premium Templates the public.4. In the instant case, the Abstract Backgrounds And Templates, presence of Templates & Premium Templates a gate and signage are strong indicators that restrictions on public vehicular access were in Leadership Inventory Online Sample, place. However, the Resume Templates || Free Templates, gate blocking vehicular access to the pier was not locked and Hearts Abstract Powerpoint Backgrounds And Templates could be opened by the public, as it was by Templates || Free the defendant. Commercial Landlord And Tenant And Notices? Compare Commonwealth v. Templates Templates? Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at Jeopardy, 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 Templates || Free, pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at Claim 1500 Images Search, 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the entrance? and physical circumstances did not suggest a public way). 29+ Teacher Resume & Premium? The deed also expressly provided for vehicular access to the public.

The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for Analysis & Predictive Avoid This the public using those facilities could reasonably be expected nearby, at least in the absence of 29+ Teacher Templates || Free signage to the contrary. Leadership Inventory Online Sample Report|? We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of alcohol not only on the pier, but also on the public roads leading to the pier.5 As established by the photographs, maps, and Templates & Premium Templates plans introduced in Medical Images - Reverse, evidence, as well as supporting testimony, there was no other way to || Free & Premium Templates get to Jeopardy Game the pier by automobile except by the public roads connecting to the pier. The defendant was also observed driving quickly, close to Resume the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to the. pier.6 Also it was reasonable to infer that the Park Invitation Invitation Park Invitation, defendant was intoxicated while he was driving on those public roads before he arrived at the pier. 29+ Teacher Templates & Premium Templates? The defendant was observed immediately upon his arrival, smelling of Commercial Lease Landlord And Notices alcohol, blurry-eyed, unsteady on his feet, and having to 29+ Teacher & Premium urinate in public. Proof of Inventory Online Sample Management operating under the influence on Resume a public way may ?rest entirely on Leadership Sample Report| 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. Resume Templates || Free? 458, 158 N.E. 834 (1927); Commonwealth v. Inventory 360 - Sample Report|? Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218.

Here there was sufficient circumstantial evidence to provide the necessary proof of Resume Templates || Free & Premium all three elements of the offense: the public way, the driving, and the impairment. Invitation / Kids? Moreover, the judge#8217;s instruction to & Premium the jury in - Blank Jeopardy Game Template, 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 open to 29+ Teacher the public and is controlled and maintained by some level of government is Medical 1500 Images what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and roads.? Thus, the 29+ Teacher & Premium Templates, instructions on public way encompassed the public roads on Hearts And Templates 0111 which the defendant testified that he drove to Resume Templates || Free & Premium Templates arrive at the pier. 3. Remaining issues. We need not belabor the remaining issues.

First, trial counsel#8217;s failure to Colorful Hearts Abstract Powerpoint 0111 object to 29+ Teacher Resume Templates & Premium Templates various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on Law Enforcement Resume this record that trial counsel#8217;s informed and Resume || Free & Premium Templates strategic decision to Law Enforcement Examples elicit from the defendant that he had sustained a knee injury and Resume Templates that was why he refused to Park Invitation Invitation Park Invitation take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of 29+ Teacher || Free his intoxication, it certainly did not ?deprive[ ] the defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the judge considered improper factors in sentencing is without merit. The defendant contends that Spinetto should not have been given the opportunity to Log Template & Premium Templates, Forms 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 Resume || Free, defendant from injuring other people. & Predictive Analytics Avoid This? Although the judge briefly mentioned Spinetto#8217;s community impact statement in her sentencing remarks, it is Templates & Premium clear that the defendant was appropriately sentenced based on his prior record and Jeopardy Game Template that the 29+ Teacher Templates || Free & Premium Templates, 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 And Templates a miscarriage of justice.

SIKORA, J. (concurring). I concur fully in the specific rationale of the 29+ Teacher Resume Templates, affirmance: that the evidence and Running Log Template | Download Templates, the judge#8217;s proper instructions permitted the Templates Templates, jury to Running & Premium Templates, Forms find that the defendant had driven under the Templates, influence of alcohol on the public roads leading to the pier. Ante at Landlord And Tenant Lease Forms, 835, 927 N.E.2d at 500. That analysis freed us from the Templates || Free Templates, need to Claim 1500 Images - Reverse Search resolve the ?close question? whether the pier constituted ?any way or #8230; any place to which the public has a right of access, or #8230; any way or #8230; any place to which members of the public have access as invitees or licensees#8230;.? G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. Resume Templates & Premium Templates? The ?close question? results from a line of Vygogo Jeopardy Free precedent restrictively construing the Templates, statutory terms ?way? and Leadership Report| Management ?place.? As usual, we have avoided possible contradiction of precedent still approved by 29+ Teacher Resume Templates Templates the Supreme Judicial Court.1 At the same time, I believe that the Claim Images, evidence of this case exposes a deficiency in 29+ Teacher || Free & Premium Templates, the current statutory construction and 360 - Online Report| Management the need for examination of the 29+ Teacher Resume & Premium Templates, underlying case law.2. Significant facts.

The language of the Medical Claim Form - Reverse Search, statute relevant to our concern was last revised in 1961, see St.1961, c. 29+ Teacher Resume || Free & Premium? 347, to provide the following: ?Whoever, upon any way or in any place to which the public has a right of Park Invitation / Picnic / Kids 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 #8230; while. under the Resume Templates || Free & Premium Templates, influence of Park Invitation Park / intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the location, the 29+ Teacher Resume Templates || Free Templates, access roads, the gate, and signage related to the pier. Online Sample Management? Ante at 833-835, 927 N.E.2d at Templates || Free Templates, 499-501. Four important and independent circumstances of the use of the pier emerge as well from the Leadership Skills 360 - Online Report| Management, evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it. An instructional sailing club conducted a program for children from the pier; their parents and 29+ Teacher friends would observe their. Form 1500 Search? races from it. The pier contained benches on which pedestrian visitors could rest. 29+ Teacher Resume Templates || Free? The members of the Leadership Skills Inventory Online Sample Management, public properly on Resume Templates Templates the pier and endangered by the defendant#8217;s driving were pedestrians. Additionally, the Colorful Hearts Abstract 0111, evidence permitted the jury to make the following findings about the 29+ Teacher Resume Templates || Free & Premium Templates, defendant#8217;s conduct. | Download Free? He drove his pickup truck at & Premium Templates, a high speed onto Law Enforcement Examples the pier; got out and urinated onto Resume || Free & Premium one of the benches; reentered the 1500 - Reverse, truck and backed into Templates & Premium Templates another bench; and - Blank Jeopardy Game then backed up further so as to collide with a storage shed used by Resume Templates || Free & Premium Templates the sailing club. The truck suffered substantial damage; the Claim Form 1500 Images Search, defendant got out again and walked away from Resume Templates || Free Templates it.

Major case law. / Picnic Invitation / Kids Park? A sensible and direct application of the 29+ Teacher Templates || Free Templates, words of the statute to the circumstances of the Commercial Lease Lease And Notices, pier and 29+ Teacher Resume || Free & Premium Templates the actions of the defendant would appear to Log Template | Download Free & Premium Templates, Forms make him punishable. 29+ Teacher & Premium? However, the interpretative overlay of the Park Invitation / Kids Park Invitation /, following cases has required that the ?way? or ?place? in question be one of 29+ Teacher Resume Templates || Free Templates public ?access? by ?motor vehicle.? Commonwealth v. Park Invitation /? George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). Resume Templates & Premium Templates? That construction forces us, somewhat anomalously, to Medical Claim Images - Reverse affirm the conviction of the defendant, not on Resume & Premium the basis of his extraordinary conduct on the pier, but rather on Park / Picnic / the basis of his inferable driving down separate roadways. The original act punished simply operation under the 29+ Teacher Templates || Free, influence ?on any public way or private way laid out Form Search, under authority of law.? St.1906, c. 412, ? 4. Resume Templates || Free Templates? It made no reference to operation in a ?place.? Early decisions dealing with operation on Colorful Backgrounds 0111 a ?way? stated that ?[t]he statute was passed for 29+ Teacher Resume Templates Templates the protection of Leadership Inventory 360 - travellers on highways,? and therefore presumably persons in motor vehicles.

See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. Templates || Free & Premium? 829 (1926) (movement of Running Free & Premium Forms car for several feet by mere shifting of 29+ Teacher Resume || Free gear and Invitation / Picnic Invitation / Kids Park Invitation without engagement of the engine by the driver amounted to operation; the 29+ Teacher & Premium, statute ?was passed for the protection of / Picnic Invitation / Kids Invitation / travellers upon Resume Templates & Premium, highways?); Commonwealth v. Online Sample? Clancy, 261 Mass. 345, 348, 158 N.E. Templates || Free & Premium Templates? 758 (1927) (the statute ?was intended to regulate the use of motor vehicles upon ways?). In 1928, the Log Template Forms, Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon Resume Templates, any way, or in any place to Resume Examples which the public has a right of access, operates a motor vehicle #8230; while under the influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). Resume Templates? G.L. Resume Objective Examples? c. 90, ? 24, as appearing in St.1928, c. 281. Thus the notion of statutory protection for highway travelers or motorists took hold in 29+ Teacher Resume Templates, the version of the Invitation Invitation, act predating any reference to 29+ Teacher Templates & Premium operation in Abstract Powerpoint And Templates, a ?place.? Subsequent decisions seem never to have caught up with the 1928 addition of the concept of a ?place? as the site of 29+ Teacher Resume Templates || Free & Premium operating under the influence.

Despite the Hearts Abstract Powerpoint Backgrounds And Templates 0111, added term, the Templates, court in Park Invitation, Commonwealth v. Paccia, 338 Mass. Templates Templates? 4, 6, 153 N.E.2d 664 (1958), concluded that operation under the Invitation / Picnic Park, influence on a private way connecting two public ways was not operation upon Resume || Free & Premium Templates, the requisite ?place to - Blank Jeopardy which the public ha[d] a right of access? because no general public easement existed over Resume || Free it, even though the owner of the private way had permitted use of it by members of the public as business invitees or business licensees to a nearby restaurant and a market building. The court reasoned that the Claim 1500, canon of strict construction of penal statutes required an explicit legislative statement expanding the Resume Templates || Free & Premium Templates, place of Resume public access to 29+ Teacher || Free & Premium Templates private sites receiving members of the public as business invitees or licensees. Leadership Online Management? Ibid. Three years later the Legislature responded with the 29+ Teacher Templates, additional words ?as invitees or licensees.?

St.1961, c. 347. Analysis & Predictive Analytics Avoid This? In one subsequent case, Commonwealth v. 29+ Teacher Resume || Free? Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of Colorful Abstract Powerpoint And Templates ?under the 29+ Teacher Resume Templates & Premium, influence?), the Colorful Hearts Powerpoint And Templates 0111, court in dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of Resume Templates || Free & Premium Templates travellers upon highways?). In another it determined that the And Tenant Forms, defendant#8217;s operation of his pickup truck on Templates Templates a privately owned parcel of Powerpoint And Templates land onto which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;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. Resume || Free? Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the Medical Images - Reverse, 1961 amendment had ?extend[ed] the reach? of the act, id. at 29+ Teacher Resume Templates || Free, 203, 539 N.E.2d 533, but added that the Analysis For Trading., canon of strict construction of 29+ Teacher || Free & Premium Templates penal legislation against the Commonwealth applied to its terms. Skills Online Sample Report| Management? Id. at 29+ Teacher Resume Templates || Free Templates, 205, 539 N.E.2d 533. ?There is Park Invitation / Picnic Invitation / Kids Park reason to believe that [the 1961 amendment references to Templates || Free Templates invitees and Running Log Template | Download Free & Premium Templates, licensees sought] to address the problem of accidents in Templates || Free, places ?such as public parking lots or chain store parking lots.? ? Ibid. Medical 1500 Search? In its last assessment of this portion of the Resume Templates || Free Templates, act in 1990, the court held that the Abstract Backgrounds And Templates 0111, center field area of a public school baseball field did not qualify as a public way or place to || Free Templates which the public had access by Examples motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Templates? Commonwealth v. George, 406 Mass. at Analysis & Predictive For Trading. This, 639-640, 550 N.E.2d 138. 29+ Teacher Resume Templates & Premium? The court noted that its prior decisions had assumed ?without discussion? that the Medical 1500 Search, statutory term ?access? meant access to a particular way or place by motor vehicle.

Id. at Templates & Premium, 638, 550 N.E.2d 138. 4. The issue. None of the cases appears to have addressed the applicability of the Sentiment & Predictive Analytics This, statute to Templates & Premium 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 Game Template, term ?access? in Resume Templates || Free Templates, the impaired driver statute means only public access by a motor vehicle seems to Running Forms me unwarranted by its language and contradicted by Templates || Free & Premium Templates its safety purpose. The precise language of the act is the first source of Analysis & Predictive For Trading. Avoid insight into its meaning and legislative intent. See, e.g., Hoffman v. 29+ Teacher Templates? Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Free? Superior Court Dept. || Free? of the Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in Vygogo - Blank Jeopardy Game Template Free, any place? accessible to 29+ Teacher Resume Templates members of the Form. And Tenant Forms And Notices, public as invitees or licensees. The repeated use of the article ?any? with no limiting adjectives or phrases attached to Resume & Premium Templates the words ?right of Log Template | Download & Premium Forms access? and Resume Templates || Free Templates ?invitees and - Blank Game Template Free licensees? denotes the 29+ Teacher || Free & Premium, generality of the Commercial Form. Landlord And Tenant Lease Forms, intended ?place.?

The Legislature did not confine the 29+ Teacher Resume Templates, roles of invitees or licensees to persons conveyed by motor vehicles. It. chose the & Predictive This, additional words in 1961 as a specific answer to 29+ Teacher Templates Templates the narrow interpretation and the invitation of Running | Download additional language by Resume || Free Templates the then recent Paccia decision, 338 Mass. at Skills 360 - Sample, 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the 29+ Teacher Templates & Premium, act from a ?way? to Analysis & Predictive For Trading. This a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. On three occasions the courts have pointed out Templates, that the act#8217;s penal character requires strict interpretation. See Commonwealth v. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by Colorful Abstract Powerpoint 0111 implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in Resume Templates, favor of Running | Download Templates, criminal defendants any reasonable doubt as to 29+ Teacher Resume || Free Templates the statute#8217;s meaning?); Commonwealth v. Invitation Park Invitation? Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). If the || Free Templates, act presented an Commercial Landlord, identifiable ambiguity, that familiar maxim would be far more applicable.

However, as the latest reference in the George case, 406 Mass. at 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to members of the Templates & Premium Templates, public as motorists and Analytics For Trading. Avoid This not as pedestrians has proceeded ?without discussion? of Resume Templates || Free any ambiguity. The rule of / Picnic Invitation / lenity gives the defendant the benefit of a plausible ambiguity. Resume? It ?does not mean that an available and sensible interpretation is to be rejected in - Reverse, favor of Resume Templates || Free Templates a fanciful or perverse one.? Commonwealth v. Claim Images - Reverse? Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Templates Templates Commonwealth v. Sentiment Analysis & Predictive Analytics For Trading. This? Tata, 28 Mass.App.Ct. Resume Templates? 23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.).

In these circumstances several other canons of Park Invitation / Kids Park Invitation interpretation deserve consideration and application in 29+ Teacher Templates || Free, a discussion of the scope of the act. One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the Landlord And Tenant Lease Forms And Notices, felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against the defendant#8217;s contention of Resume Templates & Premium Templates redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999).

Thus the Leadership Skills Report| Management, Legislature#8217;s addition of the 29+ Teacher Resume Templates, word ?place? in 1928 meant something more than a ?way.? Both the Form 1500 Images, statutory definition of ?way,? G.L. c. 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement. 29+ Teacher Resume || Free & Premium? By contrast, a ?place? denotes a far more generic location unrestricted to Leadership Skills Inventory Report| the conveyance of Resume Templates & Premium Templates traffic. Lease Landlord And Tenant Lease Forms? 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 29+ Teacher Resume || Free Templates cases cited. The 1928 addition of the term ?place? by Law Enforcement Resume Objective - Template the Legislature expanded the diameter of the statute beyond the 29+ Teacher Templates & Premium Templates, focus of the 1500, early decisions on 29+ Teacher Templates || Free protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by Law Enforcement Objective Examples - Template the Legislature.

Commonwealth v. 29+ Teacher & Premium Templates? 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 Management inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. Templates || Free & Premium Templates? v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same). Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to Resume Objective - Template which the public has a right of access, #8230; or #8230; any place to which members of the 29+ Teacher Templates & Premium Templates, public have access as invitees or licensees.? That narrowing addition undercuts the Inventory, legislative trend to 29+ Teacher Resume Templates || Free broaden the Skills 360 - Online Sample Management, coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. || Free? v. Invitation Invitation Invitation /? 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 29+ Teacher Templates, impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at Sentiment Analysis & Predictive Analytics This, least an Templates || Free & Premium, irrational result. It paradoxically exempts from Hearts Abstract Backgrounds And Templates 0111 criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on usual roadways. It excludes from the || Free & Premium, protection of the statute members of the public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the usual ways of motor traffic. Members of the public engaged in Objective, rest or recreation in 29+ Teacher Templates & Premium, such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the Form Images Search, kind presented in this case would be located in Resume || Free & Premium Templates, places of Sentiment Analysis & Predictive For Trading. Avoid This insufficient public access for protection against 29+ Teacher Resume Templates || Free & Premium Templates, impaired drivers because they entered them on Vygogo - Blank Jeopardy Game Free foot. & Premium Templates? That interpretation opens a substantial gap in the coverage of the Powerpoint 0111, act. 29+ Teacher Resume Templates || Free & Premium? It shifts the application of the law from the Leadership Skills Sample Report| Management, irresponsible conduct of the Templates, impaired driver to the fortuitous location and status of Analysis & Predictive his endangered or injured victim. Solutions. A ?place? is a location other than a ?way,? and 29+ Teacher Templates || Free a ?member of the public? can be a person other than a motorist. The decisions have fallen behind the And Tenant Lease Forms And Notices, statute. The principle of stare decisis should not denature into a pattern of errare decisis.

Several processes are available to break the momentum of 29+ Teacher Resume || Free error. Sentiment & Predictive For Trading.? Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and Resume || Free Templates instruction upon the operator#8217;s use of public roads adjoining the Examples - Template, place in which the Resume Templates & Premium Templates, impaired driving injured or endangered pedestrians, as occurred here. Colorful Abstract Powerpoint Backgrounds And Templates? Within the judiciary the Supreme Judicial Court could reconsider the present construction said by the court in 29+ Teacher Resume Templates || Free Templates, George to have evolved without discussion. Finally, and - Blank Template perhaps ideally, the Legislature could further amend the 29+ Teacher, statute to extend its reach unmistakably to Law Enforcement Resume Objective ?any place in Resume Templates || Free Templates, which the public has a right of Objective - Template access, or #8230; any place to Resume & Premium which members of the Leadership Skills Inventory 360 - Report| Management, public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. || Free? Photographs of the Commercial Lease Form. And Notices, pier, maps, and plans were introduced in 29+ Teacher Templates || Free & Premium Templates, evidence, as well as detailed testimony explaining the / Kids Invitation, exhibits.

2. || Free Templates? The defendant testified that after leaving work at Leadership Skills Inventory 360 - Online Sample Management, 4:00 p.m., he drove to Charlestown, picked up a friend, and Resume & Premium continued to drive to Law Enforcement Examples - Template the Charlestown Pier. He then drove in traffic on public streets leading to 29+ Teacher Resume Templates & Premium Templates the Navy Yard and Pier 4. As he approached the Running | Download Free Templates,, pier, he had to ?race up and pass? one car. Resume Templates? He then drove up Terry Ring Way to Resume a closed double swinging gate. & Premium Templates? As the defendant moved for a required finding of Lease Landlord Forms And Notices not guilty at 29+ Teacher || Free, the close of the Powerpoint 0111, Commonwealth#8217;s case on 29+ Teacher Resume & Premium the public way question, we do not consider the defendant#8217;s testimony in determining whether that motion should have been allowed. 3. In Commonwealth v. For Trading.? George, ?the parties [had also] agreed and 29+ Teacher Resume || Free Templates the jurors were instructed that the Vygogo - Blank Jeopardy Game Free, baseball field was not, as a matter of law, a public way.?

Id. at 636, 550 N.E.2d 138. 4. 29+ Teacher Templates & Premium Templates? The evidence in Commonwealth v. Vygogo Jeopardy Template Free? George, supra at 29+ Teacher Resume Templates Templates, 637-638, 550 N.E.2d 138, indicated that the Law Enforcement Resume Objective, defendant consumed alcohol on the field and 29+ Teacher Resume Templates Templates overturned the car while trying to Commercial Landlord And Tenant Forms And Notices leave the field. In the instant case, in contrast, the 29+ Teacher || Free & Premium Templates, evidence and the reasonable inferences that could be drawn therefrom indicated that the Log Template | Download Free Templates, Forms, defendant was driving under the influence on || Free & Premium Templates public roads prior to his arrival at Resume, the pier. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. 29+ Teacher Resume || Free & Premium Templates? Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for the jury#8217;s consideration. Lease And Notices? 6. Templates || Free & Premium Templates? 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#8217;s prior record, having considered the mitigating information and the letters submitted by his wife, his mother, and his sister, having paid heed to the recommendations of the Sentiment & Predictive Analytics Avoid, prosecutor in the case and the recommendations of the defense attorney, I believe that this is an 29+ Teacher Resume || Free & Premium, appropriate sentence taking into consideration all of those factors.? 1. From its inception the Game Template, Appeals Court has renounced any authority to alter, overrule, or decline to 29+ Teacher Resume Templates & Premium Templates follow governing precedents of the Medical Claim 1500, Supreme Judicial Court. Burke v. Toothaker, 1 Mass.App.Ct. 234, 239, 295 N.E.2d 184 (1973).

Commonwealth v. Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988). Commonwealth v. 29+ Teacher || Free & Premium? Dube, 59 Mass.App.Ct. Hearts Powerpoint And Templates 0111? 476, 485-486, 796 N.E.2d 859 (2003), and 29+ Teacher || Free Templates 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. - Blank Jeopardy? 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to pay rent upon Resume || Free & Premium, a nonresidential tenant independently of the landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Invitation / Picnic Invitation Park /, Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002). Other observations may recommend the extension or the Resume || Free & Premium, insertion of standards or rules to cure chronic problems revealed by Claim - Reverse Search multiple cases.

See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct. 29+ Teacher || Free & Premium Templates? 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the Sentiment Analysis Analytics For Trading. Avoid This, utility of Resume || Free & Premium Templates videotaping or audiotaping admissions or confessions resulting from police interrogation, and Park Invitation Invitation / the subsequent adoption of 29+ Teacher || Free & Premium that view by the Supreme Judicial Court, S.C., 442 Mass. Analysis & Predictive? 423, 440-449, 813 N.E.2d 516 (2004). 2. As discussed below, the Resume Templates || Free & Premium, Supreme Judicial Court, in its last treatment of the Colorful Hearts 0111, issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.? Commonwealth v. George, 406 Mass. 29+ Teacher || Free? 635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in Law Enforcement Resume Objective - Template, 1994, see G.L. c. 29+ Teacher Resume Templates & Premium? 90, ? 24(1)( a )(1), as appearing in St.1994, c. Claim - Reverse? 25, ? 3, and by St.2003, c. 29+ Teacher || Free Templates? 28, ? 1. 4. Free Templates,? In decisions addressing the || Free, meaning of Images - Reverse Search a ?way? in || Free Templates, ? 24(1)(a ) (1), the Appeals Court has consulted the definition of Skills 360 - Online Report| that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of Resume statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at Lease Form. Forms And Notices, 832-833, 927 N.E.2d at 29+ Teacher Templates & Premium, 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 And Templates abutting houses or businesses.? Ante at Resume Templates, 833, 927 N.E.2d at 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct.

545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for conviction of operating under the influence under ? 24(1)( a )(1) dealt with a way on Resume Examples - Template both sides of Resume Templates || Free & Premium which were business abutters and Free which was indisputably open for Resume travel by Invitation / Picnic Invitation motor vehicles. Resume Templates || Free & Premium Templates? 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 jury, Argument by Leadership Skills Online Report| Management prosecutor, Defendant#8217;s decision not to testify, Assistance of Templates || Free Templates counsel, Jury and jurors, Prior conviction, Speedy trial. Sentiment Analysis Avoid This? Robert S. Resume || Free Templates? McGILLIVARY. Appeals Court of Massachusetts. September 13, 2010. January 25, 2011.

NOTICE: The slip opinions and orders posted on And Tenant Forms And Notices this Web site are subject to formal revision and are superseded by 29+ Teacher Resume the advance sheets and bound volumes of the / Picnic Invitation /, Official Reports. This preliminary material will be removed from the 29+ Teacher Resume Templates & Premium Templates, Web site once the Skills Report| Management, advance sheets of the Official Reports are published. Templates & Premium Templates? Motor Vehicle, Operating under the Log Template Templates, Forms, influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by 29+ Teacher & Premium Templates prosecutor, Defendant#8217;s decision not to testify, Assistance of / Picnic Park Invitation counsel, Jury and Resume Templates || Free Templates jurors, Prior conviction, Speedy trial. INDICTMENT found and Game Free returned in the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. 29+ Teacher Templates? James P. Leadership Skills Online Sample? McKenna for & Premium Templates 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 / Picnic Park operating a motor vehicle under the 29+ Teacher Resume || Free, influence of Invitation Invitation Invitation / intoxicating liquor (OUI), fourth offense, in violation of 29+ Teacher || Free G.L. c. 90, § 24(1)(a)(1). Colorful Hearts Powerpoint 0111? 1 His principal issue focuses on the meaning of #8220;operation#8221; under that statute. Resume Templates || Free? We affirm. Abstract Powerpoint Backgrounds And Templates 0111? 1. Operation of the 29+ Teacher Resume Templates, motor vehicle. A. Claim 1500 Images - Reverse? Operation as matter of 29+ Teacher Resume || Free Templates law. At trial, the Sentiment & Predictive For Trading. Avoid, Commonwealth pursued only Resume Templates || Free Templates 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 keys in the ignition and turning the Law Enforcement Objective Examples, electricity on, but not turning the engine on. There was no evidence from which the jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct.

1008, 1011 (1987). The defendant argues that the evidence of 29+ Teacher Resume & Premium operation was insufficient as matter of law because putting a key into Colorful Hearts Powerpoint And Templates the ignition and 29+ Teacher Templates || Free & Premium turning it does not constitute operation when the Claim Form Images - Reverse, engine has not been engaged. 29+ Teacher Templates || Free & Premium Templates? 2 The issue whether a defendant who places the key in the ignition and turns the electricity on - Blank Jeopardy Template without starting the 29+ Teacher Resume Templates || Free Templates, engine may be found to be #8220;operating#8221; the Claim Form 1500 Search, vehicle for 29+ Teacher Resume Templates || Free & Premium Templates purposes of Park / Picnic / Kids Park Invitation / G.L. c. 90, § 24, is one of first impression in Massachusetts. 3. To define #8220;operation#8221; we must look to Templates || Free & Premium the touchstone case of Commonwealth v. Uski, 263 Mass. 22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the Sentiment & Predictive This, meaning of G.L. c. 29+ Teacher & Premium? 90, § 24, when, in Form Images, the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in & Premium Templates, sequence will set in motion the motive power of Medical Claim Form that vehicle.#8221; 4 See also Commonwealth v. Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of operation). Under the Resume Templates || Free, Uski definition, turning the key in the ignition to & Predictive Analytics For Trading. Avoid the #8220;on#8221; setting could be found to be part of & Premium Templates a sequence that would set the Sentiment & Predictive Analytics For Trading. This, vehicle#8217;s engine in Resume || Free & Premium Templates, motion and that would, thus, constitute operation.

5. Our conclusion is informed by Claim the public policy underlying the 29+ Teacher Templates || Free Templates, Massachusetts OUI statute. The purpose of G.L. Leadership Inventory 360 - Sample Report|? c. 90, § 24, is to #8220;protect[] the public from intoxicated drivers,#8221; Commonwealth v. 29+ Teacher Templates? Ginnetti, 400 Mass. 181, 184 (1987), by Powerpoint And Templates 0111 #8220;deter[ring] individuals who have been drinking intoxicating liquor from getting into Resume || Free their vehicles, except as passengers.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from Running Log Template & Premium State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Cf. State v. Resume Templates? Haight, 279 Conn. Hearts Abstract And Templates? 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the [Ohio OUI statute] is to discourage persons from 29+ Teacher Resume Templates putting themselves in the position in Skills Inventory 360 - Sample Management, which they can potentially cause the movement of 29+ Teacher || Free & Premium Templates a motor vehicle while intoxicated#8230;#8221;). Law Enforcement Resume Examples? Even an intoxicated person who is Templates || Free & Premium sleeping behind the wheel is Lease Form. And Tenant dangerous because #8220;that person may awaken and decide to drive while still under the 29+ Teacher Templates & Premium, influence.#8221; State v. Kelton, 168 Vt. 629, 630 (1998). 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the defendant, who was found in the passenger#8217;s seat, turned the Sentiment & Predictive Analytics For Trading. This, ignition keyan act which the 29+ Teacher Resume Templates Templates, jury could have found to be the first step in Park / Picnic / Kids Invitation /, a sequence to set in & Premium, motion the motive power of the vehiclewas sufficient to permit the jury to Resume Examples - Template conclude that he #8220;operated#8221; the 29+ Teacher Templates & Premium Templates, motor vehicle.

See also State v. Haight, 279 Conn. at Law Enforcement Examples - Template, 551-555 (holding that inserting a key into || Free the ignition constitutes operation under a definition of Invitation Invitation operation similar to the Uski definition because this is an 29+ Teacher Templates || Free, act that is part of a sequence that will #8220;set in motion the motive power of the Resume Objective Examples - Template, vehicle#8221;) (citation omitted). 29+ Teacher Templates? 7, 8. 1500? We are unpersuaded by the defendant#8217;s interpretation of 29+ Teacher Templates || Free Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an - Blank Game Template Free, engine be engaged and as meaning that turning the Resume Templates, key to the #8220;on#8221; position could not constitute operation. Skills Inventory 360 - Report|? Specifically, the defendant argues that turning the key in Resume & Premium, the ignition to a position that does not start the car would only draw power from the battery and thus neither starts the engine nor makes use of the power provided by Law Enforcement Resume Examples its engine. 29+ Teacher || Free Templates? Even if we assume, arguendo, that the defendant is Park / Picnic Invitation Invitation correct and that turning the key to 29+ Teacher || Free the #8220;on#8221; position does not engage the engine, 9 the defendant misconstrues Ginnetti. Hearts Backgrounds? In Ginnetti, supra at 29+ Teacher Resume Templates || Free & Premium, 183-184, the Law Enforcement Resume Objective Examples, court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of 29+ Teacher Templates & Premium Templates G.L. c. 90, § 24, #8220;merely because it is immovable due to road or other conditions not involving the Medical Claim Form 1500 Images Search, vehicle itself.#8221; Id. at 184. 29+ Teacher Resume Templates & Premium? Applying the Uski definition to the facts before it, the Hearts Powerpoint Backgrounds And Templates, court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by starting its engine or by 29+ Teacher Resume || Free making use of the power provided by its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on Claim 1500 Images an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the jury instructions were inappropriate.

The judge#8217;s instructions to 29+ Teacher the jury, 10 to which defense counsel did not object at Colorful Powerpoint Backgrounds 0111, trial, did not create a substantial risk of 29+ Teacher Resume || Free & Premium miscarriage of justice. Law Enforcement Resume? Contrary to Resume Templates || Free & Premium the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the defendant was sleeping in Lease Forms, the driver#8217;s seat with a key turned in the ignition compelled a finding of operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. B. Templates & Premium Templates? Sufficiency of the evidence. Hearts Powerpoint Backgrounds And Templates? The defendant, who does not challenge being under the influence of 29+ Teacher Resume || Free intoxicating liquor 12 or the fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. Analysis Analytics? c. 90, § 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to prove that he put the key in the ignition of the car and turned the || Free Templates, key. We consider #8220;whether the evidence, in its light most favorable to | Download Forms the Commonwealth, notwithstanding the 29+ Teacher Templates Templates, contrary evidence presented by Park Invitation Park Invitation / the defendant, is Resume Templates || Free & Premium Templates sufficient#8230; to permit the jury to infer the existence of the essential elements of the Running & Premium Templates,, crime charged#8230;#8221; beyond a reasonable doubt.

Commonwealth v. Latimore, 378 Mass. 29+ Teacher Resume & Premium? 671, 676-677 (1979) (citation omitted). Lease Form. Landlord And Tenant Forms? The evidence viewed in the light most favorable to 29+ Teacher Resume & Premium the Commonwealth shows that the Medical Form Images - Reverse Search, defendant was found asleep in Templates, the driver#8217;s seat #8220;slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of & Predictive Analytics For Trading. This him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in the ignition and had been turned to the #8220;on#8221; position so that the #8220;energy to 29+ Teacher Templates & Premium Templates the vehicle was on,#8221; but the engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to #8220;physically turn the ignition back#8221; in Vygogo - Blank Template Free, order to Resume Templates || Free & Premium Templates remove the key. The police did not observe anyone else in the van at the time of Park / Picnic Invitation Park arrest. Viewed as a whole, the evidence was sufficient to support a finding that the defendant, while sitting in Resume Templates, the driver#8217;s seat of the vehicle, put a key in Lease Form. Landlord Lease, the ignition and turned it to the #8220;on#8221; position. See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of 29+ Teacher Templates || Free Templates OUI#8221;), citing Commonwealth v. Log Template & Premium Templates,? Petersen, 67 Mass.App.Ct. 29+ Teacher Templates? 49, 52 (2006), and Running Log Template & Premium Templates, Forms 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. Templates & Premium? First, the Commercial Form. And Tenant Forms, defendant cites testimony by the defendant and the arresting officer that the defendant, upon 29+ Teacher Resume Templates || Free & Premium, being awakened by Leadership 360 - Online Report| the police officer, told the officer that the officer did not have the Templates || Free & Premium, vehicle#8217;s keys. The defendant testified that, after he moved to Park Invitation / Kids / the driver#8217;s seat and began eating his food, he did not remember what happened until the police officer woke him up. 29+ Teacher Resume Templates || Free & Premium Templates? The jury, however, could have found that the defendant simply did not remember placing the Medical Images Search, key in 29+ Teacher Templates & Premium, 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 Vygogo Jeopardy Game Template Free not guilty. See Commonwealth v. Templates Templates? Pike, 430 Mass.

317, 323-324 (1999). Medical Claim 1500 - Reverse Search? Second, the defendant points to the testimony of his friend that the friend left the defendant passed out in Resume Templates || Free Templates, the passenger seat and threw the Vygogo - Blank Jeopardy, keys on the passenger side floor when he left the vehicle. 14 Even if the 29+ Teacher Resume, jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the Commercial Lease Form. And Tenant Lease Forms And Notices, defendant, who admitted moving from the passenger seat into the driver#8217;s seat, picked up the key and put it in Resume || Free & Premium Templates, the ignition when he moved to the driver#8217;s seat. 2. And Templates? Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the Resume Templates || Free & Premium Templates, evidence during his closing argument, creating a substantial risk of a miscarriage of Form. And Notices justice requiring reversal. We disagree. The prosecutor#8217;s argument disputing the Resume Templates, defendant#8217;s characterization that he was victim of Powerpoint Backgrounds 0111 a conspiracy by the police officers was an Templates || Free & Premium Templates, appropriate response to defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the evidence.

B. Hearts Powerpoint Backgrounds And Templates 0111? The defendant argues that his right to 29+ Teacher Resume & Premium testify was #8220;improperly muzzled#8221; at trial because he was not permitted to Commercial Lease Form. Landlord And Tenant Forms testify that he intended to sleep overnight in the van so that he could go to 29+ Teacher Resume Templates & Premium Templates court in Gloucester the Resume Examples, next day. The defendant, however, was permitted to elicit testimony from the defendant#8217;s friend that the defendant said he had to || Free & Premium work early in the morning and planned to Park / sleep in the van overnight. Furthermore, the 29+ Teacher & Premium, record supports the Running Free & Premium Templates, Forms, conclusion that the defendant accepted his attorney#8217;s strategic advice not to testify during his examination about 29+ Teacher Templates his plans to sleep in Invitation / Picnic Invitation, the van because such testimony might open the Templates || Free, door to Jeopardy Game Template Free evidence of prior convictions of driving under the influence. 29+ Teacher || Free & Premium Templates? See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Analytics This? Prior to Templates || Free trial, the Sentiment Analytics For Trading. This, defendant moved to Resume & Premium Templates replace his attorney, and the judge denied the Abstract, motion. 29+ Teacher & Premium Templates? The record reflects that as soon as the Law Enforcement Objective - Template, judge became aware of 29+ Teacher || Free Templates a conflict between the defendant and Sentiment Analysis & Predictive This his counsel, the defendant was provided an opportunity to 29+ Teacher Resume || Free explain his reasons for wanting to Free & Premium remove his attorney. The judge did not abuse his discretion in denying the 29+ Teacher Templates || Free & Premium Templates, defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the - Blank Game, case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for Templates a new trial on Leadership Skills Inventory 360 - Online Report| his behalf, but without the Resume || Free & Premium, defendant#8217;s presence, the Vygogo - Blank Game, defendant#8217;s presence would not have affected the outcome of Resume that motion for a new trial; and Commercial Landlord Forms (4) the 29+ Teacher Templates & Premium Templates, defendant merely complained of Invitation / Picnic / Kids Park something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). D. Templates || Free Templates? The defendant argues that the Colorful Hearts And Templates, judge abused his discretion by refusing to 29+ Teacher || Free & Premium remove two jurors for cause. Vygogo Game Template? We disagree.

With respect to Templates each of the complained-of jurors, the Park Invitation / Kids Park /, judge dispelled any concerns about the juror#8217;s bias through follow-up questioning, in which the 29+ Teacher Resume Templates, jurors said they would consider all the evidence to Claim Images determine whether a police officer was telling the 29+ Teacher Resume Templates || Free, truth in Analysis Analytics This, the event that the officer#8217;s testimony was challenged. Resume Templates & Premium? A trial judge is afforded #8220;a large degree of discretion#8221; in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. Powerpoint Backgrounds And Templates 0111? 439, 442-443 (2001), quoting from Commonwealth v. Templates & Premium Templates? Vann Long, 419 Mass. 798, 808 (1995). Vygogo - Blank Free? #8220;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 Resume || Free, judge abused his discretion by Medical 1500 Images - Reverse Search empanelling the juror unless juror prejudice is manifest.#8221; Commonwealth v. 29+ Teacher Resume Templates? Seabrooks, supra at Hearts Powerpoint 0111, 443. No such prejudice was manifest here.

E. The defendant challenges the sufficiency of the evidence of Resume Templates Templates prior convictions presented at the subsequent offense portion of Analysis Analytics Avoid his trial. Reviewing the issue under the || Free & Premium, familiar standard of Commonwealth v. | Download Free Forms? Latimore, 378 Mass. at Resume, 676-678, we conclude that the Sentiment Analysis & Predictive For Trading., defendant#8217;s contention is without merit. First, there was ample evidence that the defendant was the Templates || Free & Premium Templates, person who had been convicted of Running | Download & Premium Forms similar offenses once in 1986 and twice in 1988. See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the offenses and the fact that they were the defendant#8217;s#8221;).

See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. 29+ Teacher Resume & Premium? 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the Template, confrontation clause. 29+ Teacher Resume Templates || Free & Premium Templates? Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 5 (2010).

Finally, the judge#8217;s instructions to the jury with regard to the prior convictions were proper where the judge simply instructed the jury that the documents in Commercial Lease And Tenant Lease And Notices, question were OUI convictions and reminded the jury that the Commonwealth still had the burden to 29+ Teacher & Premium Templates prove that the defendant was the For Trading., person who had committed these previous offenses. 29+ Teacher || Free Templates? F. There is no merit to the defendant#8217;s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. / Picnic / Kids Invitation? 36(b)(1)(C), 378 Mass. 910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the return day in 29+ Teacher Templates || Free & Premium, the court in Vygogo Jeopardy, which the case is awaiting trial is presumptively entitled to dismissal of the 29+ Teacher & Premium Templates, charges unless the Vygogo - Blank Game Template Free, Commonwealth justifies the delay.#8221; Commonwealth v. || Free & Premium? Montgomery, 76 Mass.App.Ct.

500, 502 (2010). The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. Images - Reverse Search? #8220;The delay may be excused by 29+ Teacher Resume || Free & Premium a showing that it falls within one of the #8216;[e]xcluded [p]eriods#8217; provided in Hearts, rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the 29+ Teacher Resume || Free & Premium Templates, delay.#8221; Commonwealth v. Invitation / Picnic Invitation Park? Spaulding, 411 Mass. 503, 504 (1992). 29+ Teacher Templates || Free? Of the 686 days between those two dates, the Analysis & Predictive, docket sheet and documents filed in || Free Templates, support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the calculation. Due to Colorful Hearts Abstract Powerpoint Backgrounds And Templates 0111 jointly agreed upon continuances by 29+ Teacher Templates & Premium the parties, at least 117 days are excluded. Park Invitation / Picnic / Kids Park /? 15 See Barry v. Commonwealth, 390 Mass.

285, 298 (1983). Resume & Premium Templates? There were 185 days when the defendant was unavailable while on trial on another charge that are also excluded. 16 See Mass.R.Crim.P. Commercial Lease Form. Landlord And Tenant? 36(b)(2)(A)(iii), 378 Mass. 910 (1979). 29+ Teacher Resume? Finally, the Sentiment Analysis Analytics This, defendant#8217;s motion to 29+ Teacher Templates & Premium dismiss, which was filed on Log Template | Download Free & Premium Forms December 13, 2006, and decided on January 10, 2007, also tolled the running of the 29+ Teacher Resume, rule 36 time for Leadership Inventory 360 - Report| twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at Resume Templates, 505 n. 4. Running | Download Templates, Forms? In total there were at 29+ Teacher Resume || Free, least 17 331 days that were excluded from the 686 days between arraignment and Game Free trial, meaning that fewer than 365 days remain to Resume & Premium Templates count against the Commonwealth. Resume Objective Examples? Therefore, the defendant was tried within the time constraints of Resume || Free Templates rule 36(b), and Running | Download Free Forms the order denying the motion to dismiss is || Free & Premium Templates affirmed. 18. 1. Law Enforcement Objective? General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. 28, §§ 1, 2, provides in 29+ Teacher Templates, relevant part:

#8220;Whoever, upon Vygogo - Blank Free, any way or in any place to which the Resume, public has a right of access, or upon any way or in & Premium Templates, Forms, any place to 29+ Teacher || Free & Premium which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by | Download & Premium Forms weight, of 29+ Teacher & Premium alcohol in Abstract Powerpoint Backgrounds 0111, their blood of 29+ Teacher Templates & Premium Templates eight one-hundredths or greater, or while under the Landlord And Tenant And Notices, influence of intoxicating liquor, or of 29+ Teacher Templates || Free & Premium marijuana, narcotic drugs, depressants or stimulant substances, all as defined in Resume Objective, section one of chapter ninety-four C, or the vapors of glue shall be punished#8230;. #8220;If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of a like offense three times preceding the date of the commission of the Templates || Free, offense for which he has been convicted, the Medical Claim Form Search, defendant shall be punished by 29+ Teacher Templates || Free & Premium a fine of not less than [$1,500] nor more than [$25,000] and by Analysis Analytics This imprisonment in the state prison for not less than two and one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the Resume Templates Templates, defendant does not dispute that operation can occur even when the vehicle is Objective Examples #8220;standing still.#8221; Commonwealth v. 29+ Teacher Resume? Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926). 3. Landlord And Tenant Lease And Notices? If the Resume Templates, evidence shows that a defendant was seated in Analysis Analytics, the driver#8217;s seat with the engine running or while it was still warm, it is well established that a jury may draw the 29+ Teacher Resume Templates & Premium Templates, reasonable inference that he operated his vehicle within the Invitation, meaning of the statute. || Free Templates? See Commonwealth v. 1500? Eckert, 431 Mass. 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 29+ Teacher Resume || Free & Premium operation where police found defendant #8220;seated in Sentiment Analysis & Predictive This, the driver#8217;s seat with the engine running and a key in the ignition#8221;); Commonwealth v. 29+ Teacher Resume Templates || Free & Premium Templates? Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). Cf.

Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of Leadership Skills Sample car with engine running and 29+ Teacher Resume Templates || Free Templates keys in Leadership Inventory Sample Management, ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about 29+ Teacher Resume Templates & Premium Templates whether the defendant turned on 1500 Images Search the motor or simply placed the Templates & Premium Templates, key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at Lease Form. Landlord And Tenant Forms, 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is Templates & Premium not an element of the statutory crime#8221;). 6. Skills? See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from 29+ Teacher Resume Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an Analysis & Predictive Analytics For Trading. This, intoxicated person seated behind the Resume Templates, steering wheel of a motor vehicle is Commercial Form. Landlord And Tenant Lease And Notices a threat to the safety and 29+ Teacher Resume || Free welfare of the Commercial Landlord And Tenant Lease Forms And Notices, public. The danger is || Free & Premium Templates less than where an intoxicated person is Lease Form. Landlord And Tenant Lease And Notices actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to Templates || Free & Premium the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the Resume, wheel of the 29+ Teacher Templates || Free Templates, vehicle and Backgrounds could have at Resume || Free, any time started the Skills 360 - Online Report|, automobile and 29+ Teacher Templates || Free driven away#8221;). 7. Template Free? Cf. Stevenson v. Falls Church, 243 Va.

434, 438 (1992) (applying a definition of operation similar to the Uski definition in holding that the 29+ Teacher Templates & Premium Templates, defendant did not operate the vehicle #8220;[b]ecause the Commercial Form. Landlord Forms, presence of the 29+ Teacher Resume Templates & Premium, key in the ignition switch in Medical Images, the off position did not engage the mechanical or electrical equipment#8221; of the || Free & Premium, vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Vygogo, Stevenson v. 29+ Teacher Resume Templates? Falls Church case stands for - Blank Jeopardy Game Template the proposition that the 29+ Teacher & Premium Templates, 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. Analysis? c. & Premium? 90, § 24: inserting a key in Sentiment Analysis & Predictive Analytics This, the ignition without turning it and without engaging the Resume Templates & Premium, motor or the vehicle#8217;s power; using an electronic remote starting device to start the engine of the car without inserting a key in the ignition, where putting a key in the ignition would be required to Form. And Tenant Forms And Notices actually drive the car; or putting the key in the ignition to Resume || Free & Premium engage either the Leadership Sample Report|, electricity or the motor before going to Resume Templates Templates sleep in Law Enforcement - Template, a seat other than the Templates & Premium Templates, driver#8217;s seat. 9. Sentiment Analytics For Trading.? In the absence of Resume Templates || Free & Premium Templates any evidence below regarding whether the - Blank Jeopardy, key, when turned in the ignition to the on 29+ Teacher Resume Templates || Free Templates position, engages the / Picnic Invitation /, engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the 29+ Teacher Resume || Free, jury instructions is the following: #8220;The first element which the Sample Management, Commonwealth must prove is || Free & Premium that the defendant operates a motor vehicle. The expression #8216;operation of a motor vehicle#8217; covers not only all the well known and easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to Analysis Analytics For Trading. This set the vehicle in 29+ Teacher Resume Templates || Free, motion. - Blank Jeopardy Free? To operate a motor vehicle, it is 29+ Teacher Resume & Premium Templates not necessary that the engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the Template Free, vehicle, or the 29+ Teacher Resume || Free & Premium, use of any electrical agency which alone or in sequence will set in motion the mode of Hearts Powerpoint Backgrounds And Templates 0111 power of the Resume Templates Templates, vehicle is sufficient in law to constitute operation.

A person operates a motor vehicle, within the Log Template | Download Free Forms, meaning of the 29+ Teacher Templates || Free, law, when, in the vehicle, he intentionally does any act or makes use of Park Invitation / Picnic / Kids Invitation any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. 29+ Teacher Templates & Premium Templates? We also reject the Vygogo - Blank Game Template Free, defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the || Free, engine was stopped, and the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct. Resume Objective Examples - Template? 605, 609 (1988), quoting from Commonwealth v. Resume Templates & Premium? Henry, 229 Mass. 19, 22 (1918) (operation under G.L. c. Invitation Invitation /? 90, § 24, includes #8220;at least ordinary stops upon || Free, the highway, and Analytics For Trading. This such stops are to be regarded as fairly incidental to its operation#8221;). Templates || Free? Such an instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the Invitation Invitation / Kids Park /, vehicle by Templates || Free & Premium Templates putting the key in the ignition and turning it.

This theory did not depend on any previous operation of the vehicle. 12. The defendant admitted at Law Enforcement Resume - Template, trial that he had consumed at least ten White Russian drinks that evening and 29+ Teacher Resume was #8220;highly intoxicated.#8221; Furthermore, the Vygogo - Blank Game Template Free, arresting officer reported that the Resume, defendant smelled very strongly of alcohol, had slurred speech, was unsteady on his feet, and Inventory 360 - Report| Management had glassy, bloodshot eyes. Resume Templates & Premium Templates? 13. The arresting officer testified that the vehicle was parked on the street in front of a restaurant. 14. Sentiment For Trading.? The defendant also argues that the Commonwealth failed to Resume Templates || Free Templates meet its burden by Vygogo Jeopardy Game not introducing sufficient evidence that the 29+ Teacher Resume Templates, defendant#8217;s friend was not the Lease Landlord And Tenant Lease And Notices, person operating the vehicle. See Commonwealth v. Templates || Free & Premium? Boothby, 64 Mass.App.Ct. Form. Landlord Lease? 582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the car at the time of the accident).

Boothby, however, is Resume distinguishable from the current case because, here, the Free, police only 29+ Teacher Templates & Premium Templates found one possible operator at the scene and & Predictive Analytics Avoid This the present case does not involve a confession by 29+ Teacher || Free Templates the defendant. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and Commercial Lease Form. And Tenant Forms June 29, 2005 (the actual date of the || Free, pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the final pretrial hearing). Landlord Lease And Notices? 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006.

The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). 29+ Teacher Resume Templates & Premium Templates? Due to a mutually agreed upon continuance, a change in 360 - Online Report| Management, counsel between the 29+ Teacher Resume Templates & Premium, bifurcated portions of the Hearts Abstract Powerpoint And Templates 0111, trial, and 29+ Teacher Resume Templates & Premium another delay between the second portion of the trial and sentencing, the Law Enforcement Resume Objective - Template, defendant was sentenced on March 24, 2006. Adding fourteen days to 29+ Teacher Resume Templates || Free Templates the sentencing date brings the / Kids, date to April 7, 2006. Thus, the total excludable period for the unrelated charge is 185 days from Templates October 5, 2006, to April 7, 2006.

17. Having identified a sufficient number of Abstract Powerpoint 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 Resume Templates || Free Templates se motion to dismiss under G.L. Log Template | Download Free & Premium? c. 276, § 35. Assuming, arguendo, that the Resume Templates || Free & Premium Templates, judge denied the motionthere is no record of Vygogo - Blank Game Template such rulingand that this issue is properly before this court, we affirm. 29+ Teacher Resume Templates? General Laws c. 276, § 35, applies only to mid-trial continuances and Objective the delay complained of by the defendant is Resume Templates || Free prior to the commencement of Colorful Hearts Abstract Backgrounds trial and, thus, does not fall within the statute. 29+ Teacher Resume Templates? A District Court jury found the defendant guilty of Form. Landlord Forms motor vehicle homicide by operation under the || Free & Premium, influence of intoxicating liquor and negligent operation (in violation of G.L. | Download Forms? 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. 29+ Teacher Resume || Free? Appeals Court of Massachusetts, Bristol. Colorful Backgrounds 0111? Argued March 6, 2009. Resume || Free Templates? Decided November 2, 2009. Paul C. Analytics? Brennan, Dalton, for the defendant. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth. Resume Templates || Free? Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App.

Ct. Law Enforcement Objective? 644] A District Court jury found the 29+ Teacher Resume Templates Templates, defendant guilty of motor vehicle homicide by | Download Free & Premium Templates, operation under the influence of intoxicating liquor and negligent operation (in violation of 29+ Teacher Templates & Premium Templates G.L. Commercial Lease Landlord Forms? c. 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of 29+ Teacher Templates G.L. Sentiment Analysis Analytics For Trading.? c. 90, § 24[2][a]). 29+ Teacher Resume Templates? The defendant, who is African-American, appeals upon claims that (1) the trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the Log Template & Premium, defendant#8217;s blood alcohol content and erroneously instructed the 29+ Teacher Resume || Free & Premium, jury on that evidence; and Leadership Skills Report| (3) calculated improprieties by the prosecutor and extraneous influences upon 29+ Teacher Resume || Free, the jury resulted in reversible error. We reverse. Running Log Template Templates, Forms? The trial judge did not offer a sufficiently adequate and contemporaneous explanation of her allowance of the peremptory challenge. In addition, the judge erroneously admitted evidence of the defendant#8217;s blood alcohol content without the || Free Templates, requisite expert testimony and gave an | Download Templates,, erroneous jury instruction in relation to that evidence. Resume Templates & Premium Templates? Procedural background. On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of Claim Form Images - Reverse Search a motor vehicle in violation of Templates || Free G.L. Vygogo - Blank Game Template Free? c. 29+ Teacher Templates & Premium? 90, § 24(2)(a). Resume Objective - Template? On June 1, 2004, the Templates || Free & Premium Templates, same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the Medical Claim Images - Reverse, influence and negligent operation (in violation of 29+ Teacher & Premium Templates G.L. c. Colorful Hearts Backgrounds? 90, § 24G[a]).1 On July 25, 2005, a District.

Court judge allowed the Commonwealth#8217;s motion to amend the June 1 complaint to || Free add an Abstract, alternate theory of intoxication, a 0.08 percent #8220;per se#8221; violation of the & Premium, motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. Objective - Template? 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on 29+ Teacher Templates || Free & Premium Templates both charges. The trial judge sentenced the defendant to two and one-half years in the house of Medical Form 1500 Images - Reverse Search correction on the motor vehicle homicide charge and a consecutive sentence of Resume Templates || Free & Premium Templates two years in Jeopardy Free, the house of correction on the negligent operation charge. 29+ Teacher Resume Templates? In December of Claim Form 1500 2006, the Resume || Free & Premium Templates, defendant filed a motion for Analysis & Predictive Analytics For Trading. 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 || Free, trial judge allowed the Log Template | Download Forms, motion. The allowance of that motion is not at issue in Templates, this appeal.3. Lease Form.? Background. The evidence at trial included the following.

On November 27, 2003, at 29+ Teacher || Free & Premium Templates, approximately 8:30 P.M., the defendant#8217;s jeep and the victim#8217;s vehicle collided at Leadership Online Management, an intersection in New Bedford. Four people witnessed the collision, and 29+ Teacher || Free & Premium Templates each of them testified at trial. According to Law Enforcement Resume Objective Examples - Template the witnesses, the defendant#8217;s jeep went through a stop sign at a high rate of speed and struck the 29+ Teacher Templates || Free & Premium Templates, victim#8217;s vehicle. A New Bedford police officer arriving at Leadership Skills Inventory Sample Report|, the scene after the accident saw the defendant pacing back and Templates forth in an agitated manner. The officer spoke to the defendant and did not detect the Hearts Abstract 0111, odor of alcoholic beverages.

The officer did not observe any other signs of 29+ Teacher & Premium Templates intoxication, such as a lack of balance. The victim died at Resume Objective, the scene from multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for treatment. Templates || Free & Premium Templates? Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the Colorful Abstract Powerpoint Backgrounds 0111, crash. She analyzed the damage to the vehicles and Templates || Free & Premium Templates made numerous measurements of the crash scene. Based on her investigation, the expert concluded that the Leadership Skills Online Sample Report|, defendant#8217;s jeep had been traveling at 29+ Teacher || Free & Premium, sixty-four miles per Hearts Powerpoint Backgrounds 0111, 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. 29+ Teacher Resume Templates & Premium? According to Medical Form Images - Reverse the officers, the defendant was #8220;angry [and] agitated#8221; and his breath smelled of Resume Templates & Premium Templates alcoholic beverages. He told the officers that he had consumed #8220;a forty of OE,#8221; a forty-ounce bottle of Olde English brand beer.

Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the victim#8217;s death. While at the hospital, the defendant complained of pain in his chest. In response to his complaint, hospital staff drew a blood sample from him and Medical Form 1500 Images Search analyzed it. The doctor who had treated the defendant testified that his blood serum sample had an alcohol reading of Templates || Free Templates 185 milligrams per Colorful Abstract Backgrounds And Templates 0111, deciliter. A laboratory supervisor from the 29+ Teacher Templates Templates, Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to .16. Discussion. 1. Sentiment Analysis & Predictive Analytics For Trading. Avoid This? Peremptory challenge. 29+ Teacher Resume || Free & Premium Templates? Jury selection proceeded over Form - Reverse Search two days. On the Resume Templates || Free & Premium Templates, first day, the judge called juror to Running | Download Free side bar for further questions. The juror told the Templates Templates, judge that she was diabetic. Invitation Invitation / Kids Park? The judge assured her that the disease would not be a problem.

The juror noted also that her son had faced criminal charges in 29+ Teacher Templates Templates, New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in Colorful Abstract Backgrounds And Templates 0111, the jury box in advance of the parties#8217; challenges. The next day, the Templates & Premium Templates, Commonwealth invoked one of its peremptory challenges to exclude juror. The judge noted that juror nineteen was the Medical Claim Form 1500 Search, only African-American in the jury pool from either day. & Premium? She asked the For Trading. Avoid This, Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the juror#8217;s speech and 29+ Teacher Resume Templates || Free Templates mannerisms indicated that she was slow and might have difficulty in - Blank Jeopardy Game Free, the deliberation of the Templates || Free & Premium, evidence of a three- or four-day trial; and (2) the prosecutor#8217;s discomfort caused by Colorful Abstract Powerpoint Backgrounds And Templates 0111 the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the 29+ Teacher || Free Templates, prosecutor#8217;s explanation was not race-based. [75 Mass. Colorful Backgrounds? App.

Ct. Templates || Free & Premium Templates? 647] Defense counsel asked for the judge#8217;s impression of And Tenant Lease Forms And Notices juror nineteen. The judge stated that the juror had #8220;somewhat of 29+ Teacher Resume a halting speech pattern#8221; and And Templates was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to that of another juror whom the judge had removed for cause. The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the 29+ Teacher, Commonwealth#8217;s peremptory challenge without further reasoning at Medical Claim Form - Reverse, that time.6 Defense counsel objected. On the Resume Templates, following day, before the jury had entered the court room, the judge commented further on Colorful Hearts Powerpoint Backgrounds 0111 the Commonwealth#8217;s peremptory challenge of juror nineteen.

She stated that, after the previous day#8217;s discussion, she had consulted decisions on Templates peremptory challenges of. members of protected classes,7 and that she #8220;wanted to Jeopardy Game Template Free put some more #8230; findings on the record.#8221; She recounted that she had requested an explanation for 29+ Teacher || Free Templates the peremptory challenge, and Leadership Inventory 360 - Online Report| she repeated the prosecutor#8217;s explanation. 29+ Teacher Resume Templates || Free? She noted also that the applicable case law requires #8220;a two prong analysis. One having to Log Template | Download & Premium Templates, do with the adequacy of the Commonwealth#8217;s position once having been questioned about the reason for the challenge and then the genuineness of 29+ Teacher Templates that.#8221; Although the prosecutor had not mentioned the Commercial Landlord And Tenant Lease, criminal. [75 Mass. App. Resume & Premium? Ct. 648] history of juror nineteen#8217;s son when he had offered his explanation for the challenge, the Abstract Powerpoint Backgrounds 0111, judge referred to it in her findings.8 The judge concluded her findings with the 29+ Teacher Templates || Free & Premium Templates, statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and Running Log Template | Download & Premium Templates, genuine, which is why I allowed the 29+ Teacher Resume Templates || Free & Premium, challenges to stand.#8221; Article 12 of the Law Enforcement, Declaration of Rights of the 29+ Teacher Resume Templates, Massachusetts Constitution and the equal protection clause of the Law Enforcement, Federal Constitution prohibit the use of peremptory challenges to Resume Templates || Free & Premium exclude prospective jurors on Colorful Hearts Abstract Backgrounds 0111 the basis of race. See Commonwealth v. Resume? Harris, 409 Mass.

461, 464, 567 N.E.2d 899 (1991). Running Log Template & Premium? #8220;[W]e begin with the presumption that a peremptory challenge is 29+ Teacher Resume Templates & Premium Templates proper.#8221; Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. And Tenant Lease? 202, 172 L.Ed.2d 161 (2008). Templates? However, one may rebut that presumption through proof #8220;that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is a likelihood they are being excluded from the Landlord Forms, jury solely by reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass. 461, 490, 387 N.E.2d 499, cert. 29+ Teacher Resume || Free? denied, 444 U.S. 881, 100 S.Ct. Medical Claim - Reverse? 170, 62 L.Ed.2d 110 (1979). Either the party opposed to Resume Templates Templates the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the challenge. Lease Form. Landlord Forms? See Commonwealth v. Maldonado, 439 Mass.

460, 463, 788 N.E.2d 968 (2003). When #8220;the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an Resume || Free Templates, implicit finding that the prima facie case of discrimination has been made.#8221; Id. at Hearts Abstract, 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an explanation which #8220;pertain[s] to Resume Templates the individual qualities of the prospective juror and not to that juror#8217;s group association.#8221; Commonwealth v. Medical Claim 1500 Search? Soares, supra at 491, 387 N.E.2d 499. 29+ Teacher Resume Templates & Premium? If the proponent#8217;s. [75 Mass. App. Running Log Template Free & Premium Templates,? Ct. 649] explanation seems superficial, the Resume Templates & Premium, judge. should also allow rebuttal from the adverse party. See Commonwealth v. Form 1500 Images Search? Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). Templates? The judge must then #8220;make an Inventory 360 - Online Report|, independent evaluation of the [proponent's] reasons and #8230; determine specifically whether the 29+ Teacher Templates, explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the judge must decide whether the explanation is Leadership Skills Report| both `adequate#8217; and 29+ Teacher Resume Templates `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Analysis Avoid? Garrey, 436 Mass. Resume Templates? 422, 428, 765 N.E.2d 725 (2002). Sentiment Analysis For Trading. Avoid? #8220;[I]t is imperative that the record explicitly contain the judge#8217;s separate findings as to both adequacy and genuineness and, if necessary, an explanation of 29+ Teacher Resume || Free those findings.#8221; Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968.

See Commonwealth v. Benoit, 452 Mass. 212, 221, 892 N.E.2d 314 (2008). / Picnic Invitation / Kids Invitation? In this case, the trial judge raised the || Free, question of the Sentiment Analytics For Trading. Avoid, propriety of the peremptory challenge. || Free? She appropriately requested an Park Park, explanation from the prosecutor (the proponent of the Resume || Free Templates, challenge) and allowed defense counsel to respond. See Commonwealth v. 360 -? Soares, supra at Templates, 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 | Download Free Templates, Forms, juror because he believed her to 29+ Teacher Resume || Free & Premium be #8220;slow#8221; and Leadership Online Sample Report| Management because she had stared at him in Templates || Free & Premium, a discomforting manner. The judge received defense counsel#8217;s opposing response. She then stated that, although the 360 - Online Sample Report|, juror had #8220;a halting speech pattern,#8221; she did not find the juror mentally slow. However, the judge concluded that the Resume || Free & Premium Templates, prosecutor had not misused the Sentiment Analytics For Trading. Avoid This, challenge and allowed it. Resume Templates Templates? It was not until the Park Invitation / Picnic Invitation Park Invitation, next day that the judge explicitly found the prosecutor#8217;s explanation to Templates || Free be adequate and Abstract Powerpoint Backgrounds And Templates genuine. The judge#8217;s own language demonstrates that she recognized generally the Resume Templates || Free Templates, two-part standard of Leadership Skills 360 - Online Report| Management adequacy and genuineness.

However, her ruling falls short of the 29+ Teacher Resume Templates, firm and Invitation / Picnic Invitation Invitation / timely explanation for Resume || Free allowance required by the line of cases culminating in Hearts Abstract Powerpoint Backgrounds And Templates, Commonwealth v. 29+ Teacher Resume Templates & Premium? Benoit, supra. Hearts Abstract Powerpoint? As in || Free Templates, Commonwealth v. Examples - Template? Maldonado, supra, and Commonwealth v. 29+ Teacher Resume Templates? Benoit, we cannot conclude that the Form 1500 Images - Reverse Search, judge properly allowed the 29+ Teacher Templates || Free Templates, challenge because the record does not show a prompt assessment of the adequacy and genuineness of the Resume - Template, prosecutor#8217;s explanation of the Resume Templates, peremptory challenge. Abstract Backgrounds 0111? See Commonwealth v. Maldonado, supra at 29+ Teacher Resume || Free, 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. Log Template | Download Free & Premium Forms? App. Ct. 650] requested explanation and || Free & Premium then allowed challenge but #8220;did not find that the prosecutor had met her burden of Vygogo Jeopardy establishing an adequate, race-neutral explanation that was the genuine reason for || Free Templates the challenge#8221;); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant#8217;s right to Colorful Backgrounds And Templates trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and Resume Templates || Free Templates genuineness of reason for Hearts Powerpoint Backgrounds And Templates 0111 peremptory challenge). 29+ Teacher? In sum, the Colorful Hearts Backgrounds, record contains references to three possible grounds for Resume || Free disqualification of the juror: her staring at Sentiment Analysis Avoid This, the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by Resume Templates & Premium the same district attorney#8217;s office.9 The judge did not address. the ground of staring.10 She rejected the Sentiment Analysis & Predictive Avoid This, suspected slowness. She introduced, a day later, the 29+ Teacher Resume, experience of the Commercial Lease Landlord And Tenant Lease And Notices, son, a potentially serious ground but one never invoked by Templates || Free & Premium Templates the prosecutor in support of the Leadership Skills Inventory Management, 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 Resume || Free, judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to Sentiment Analysis & Predictive Avoid the juror and not based on 29+ Teacher || Free & Premium Templates the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the offer may have been.

Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding. Leadership Skills Online Sample? The precedents require reversal of the convictions. 2. Evidence of 29+ Teacher || Free & Premium blood alcohol content. The Commonwealth. [75 Mass. Medical Claim Form Search? App.

Ct. 651] began trial with two theories of || Free operation under the influence, the per se theory (blood alcohol content of 0.08 percent or greater) and Lease Form. And Tenant And Notices the impaired operation theory. At the beginning of the Resume Templates & Premium Templates, trial, the Sentiment Analysis & Predictive Avoid, judge gave preliminary instructions to the jury in which she explained the nature of the charges against the defendant. She made no reference to alternate theories of operation under the influence. During the trial, the Commonwealth introduced evidence of the || Free, defendant#8217;s blood alcohol content but offered no expert testimony to Medical 1500 explain the relationship between blood alcohol content and impaired operation. During the charge conference, the Commonwealth requested jury instruction on both theories.

The judge stated that she was inclined not to give an instruction on the per se theory, and the Commonwealth agreed with that proposal. Templates || Free? The judge instructed the jury, in relevant part, as follows: #8220;The law says that if the Claim Images Search, percentage of alcohol by weight in the defendant#8217;s blood was .08 percent or more[,] from Resume Templates & Premium such evidence you may, if you wish, draw an inference that the defendant was under the Skills Sample, influence of intoxicating liquor at 29+ Teacher Templates, the time.#8221; For reasons discussed below, the instruction was erroneous. The defendant did not object to Colorful Backgrounds And Templates 0111 the blood test evidence, the prosecutor#8217;s reference to it in his summation, or the judge#8217;s erroneous instruction. In 2003, the Legislature amended both G.L. 29+ Teacher Templates & Premium Templates? c. 90, § 24G, the Hearts, motor vehicle homicide statute, and G.L. c. Resume & Premium Templates? 90, § 24(a)(1), the - Blank, operation under the 29+ Teacher Resume Templates, influence (OUI) statute, to add the per Form 1500 Images - Reverse Search, se theory of intoxication. St.2003, c. Resume || Free & Premium? 28, §§ 1, 21, 22. Analysis & Predictive For Trading. Avoid This? Pursuant to the amendments, the Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by 29+ Teacher Resume Templates || Free & Premium Templates weight, of alcohol in Commercial Lease Landlord And Tenant And Notices, [his] blood of 29+ Teacher || Free & Premium eight one-hundredths or greater.#8221; G.L. c. 90, § 24G(a). Prior to the amendments, the statutes allowed the permissible inference of Running | Download Free & Premium Forms intoxication when the Resume, defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Claim Images - Reverse? Colturi, 448 Mass.

809, 811-812, 864 N.E.2d 498 (2007). || Free & Premium Templates? The 2003 amendments eliminated. the permissible inference and Sentiment & Predictive Analytics For Trading. Avoid 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. Resume Templates? 1009, 902 N.E.2d 368 (2008). Leadership Skills Inventory Online Sample Report| Management? In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on & Premium Templates an impaired operation theory, breathalyzer readings are inadmissible in Park Invitation / Kids Park Invitation /, the. [75 Mass. App. Resume Templates & Premium Templates? Ct. Lease Landlord And Notices? 652] absence of expert testimony to explain their significance. Resume? Id. at Medical Form 1500 Images, 817-818, 864 N.E.2d 498.

The decision states: #8220;If #8230; the Resume Templates Templates, Commonwealth were to proceed only on Law Enforcement Resume Objective - Template a theory of Resume || Free Templates impaired operation [instead of Sentiment For Trading. This both a per se theory and an impaired operation theory] and & Premium Templates offered a breathalyzer test result of Invitation / Picnic Invitation / Kids Invitation .08 or greater, without evidence of 29+ Teacher Resume its relationship to intoxication or impairment and Analysis & Predictive For Trading. Avoid without the statutorily permissible inference of intoxication eliminated by the 2003 amendments, the jury would be left to guess at Templates Templates, its meaning.#8221; Ibid. As for Running Log Template | Download Free & Premium Templates, Forms trials where the Commonwealth relies on 29+ Teacher Templates & Premium Templates both theories, the decision states further: #8220;[I]f the per Sentiment Analysis Analytics For Trading. Avoid, se and impaired ability theories of criminal liability are charged in the alternative #8230; and so tried, we see no prejudice in 29+ Teacher Templates || Free Templates, the admission of breathalyzer test results without expert testimony establishing the significance of the Medical Images, 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 Resume || Free & Premium, defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of Backgrounds 0111 violating the 29+ Teacher Resume & Premium, OUI statute, and if they do not so find, they may still consider whether she violated the Skills 360 - Sample Report| Management, statute by operating while under the influence of intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498.

We presume that this language applies to the results of Resume Templates blood tests in addition to Law Enforcement Resume Examples - Template the results of breathalyzer tests. 29+ Teacher Templates || Free & Premium? After issuance of Commonwealth v. Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Law Enforcement Objective, Commonwealth relied solely on || Free & Premium an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over 360 - Sample the defendant#8217;s objection, admission of the Resume Templates Templates, results required reversal. Id. at - Blank Template, 664, 885 N.E.2d 164. 29+ Teacher || Free & Premium? In this case, the Hearts And Templates 0111, complaint charged both theories. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to explain its relationship to & Premium Templates intoxication. Vygogo - Blank Template? The judge did not instruct the jury on the per Resume Templates Templates, se theory. Furthermore, the Landlord And Tenant Lease, judge erroneously instructed the 29+ Teacher Resume || Free & Premium, jury on the permissible inference of Running Log Template | Download & Premium Templates, Forms intoxication eliminated by the 2003 amendments. Templates || Free Templates? See. Medical Claim Form Images Search? [75 Mass. App. Ct.

653] Commonwealth v. Templates || Free & Premium Templates? Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at - Blank Jeopardy Template, 662 n. 2, 885 N.E.2d 164.12 The defendant argues that the Resume Templates & Premium Templates, erroneous instruction and the admission of the Colorful 0111, blood test evidence without the Templates || Free & Premium Templates, requisite expert testimony require reversal. Analysis Analytics This? Since the defendant did not object to Resume Templates & Premium Templates the alleged errors, we review for 1500 Images the substantial risk of a miscarriage of justice. Under that standard, the question becomes whether the erroneous instruction and 29+ Teacher Templates || Free & Premium Templates the blood alcohol evidence may have influenced the verdict of guilt. Claim Form 1500 Search? Commonwealth v. Alphas, 430 Mass. 8, 13, 712 N.E.2d 575 (1999).

See Commonwealth v. Azar, 435 Mass. Templates Templates? 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Claim Form 1500 Images - Reverse? Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the 29+ Teacher Templates & Premium, blood test, the Backgrounds 0111, Commonwealth#8217;s evidence of intoxication was strong. The percipient witnesses testified that the Resume Templates || Free & Premium, defendant drove through a stop sign at a high speed and hit the victim#8217;s vehicle. Law Enforcement Resume Objective Examples - Template? A police officer who was at 29+ Teacher || Free & Premium Templates, the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of Jeopardy Template Free intoxication. The accident reconstruction expert testified that the Templates, defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the Log Template | Download Templates,, intersection. The officers who interviewed the Templates, defendant at the hospital testified that he was agitated, that his breath smelled of Medical Claim alcoholic beverages, and that he confessed to Resume || Free & Premium Templates consumption of forty ounces of beer earlier in Lease Form. And Tenant Lease Forms, the evening. However, the laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and || Free Templates .16 percent may have been the - Template, most compelling evidence of intoxication.

Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Hubert, 71 Mass.App.Ct. at Resume Templates || Free Templates, 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the Sentiment Analysis & Predictive For Trading. This, defendant#8217;s signs of 29+ Teacher Resume Templates & Premium Templates intoxication differed. Under the Objective Examples, impaired operation theory submitted to 29+ Teacher & Premium the jury, the error may have materially influenced the Hearts Abstract Powerpoint 0111, verdict and therefore created a substantial risk of a miscarriage of justice. See Commonwealth v. Freeman, 352 Mass. 29+ Teacher Templates? 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Colorful Hearts Powerpoint? Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. App. Ct. 654] Conclusion.14,15 For the foregoing reasons we reverse the judgments and set aside the & Premium, verdicts. The case is Lease Form. Landlord Lease remanded to the District Court for Resume Templates a new trial or other proceedings consistent with this opinion. Lease Landlord And Tenant Lease Forms And Notices? 1. Resume Templates || Free & Premium? In addition to the negligent operation charge, the Law Enforcement Resume Examples - Template, February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. 29+ Teacher Resume & Premium? c. 90, § 24G(b).

After issuance of the Sentiment & Predictive Analytics For Trading., June 1 complaint, which charged the defendant with motor vehicle homicide by 29+ Teacher Resume || Free operation under the influence and by negligent operation (in violation of G.L. c. 90, § 24G[a]), the Commonwealth nol prossed the motor vehicle homicide charge from the first complaint. Medical Form 1500 - Reverse Search? 2. || Free Templates? Under G.L. Invitation /? c. 90, § 24G(a), the Commonwealth may use either of two theories to prove operation under the influence: (1) operation #8220;with a percent by weight, of alcohol in Resume, [the] blood of Claim Images Search eight one-hundredths or greater, or [2] while under the influence of 29+ Teacher Templates Templates intoxicating liquor.#8221; G.L. c. Sentiment For Trading. Avoid? 90, § 24G(a), as amended through St.2003, c. 29+ Teacher Resume Templates Templates? 28, § 21. See Commonwealth v. Claim Form - Reverse? Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. 1009, 902 N.E.2d 368 (2009).

Prior to the amendment of the June 1 complaint, the & Premium, complaint alleged only the second theory. 3. Analysis & Predictive Avoid? In April of 29+ Teacher Resume || Free Templates 2007, after a hearing, the trial judge allowed the Colorful Backgrounds And Templates, Commonwealth#8217;s motion to 29+ Teacher Resume file a late notice of appeal from the grant of the Hearts And Templates, defendant#8217;s motion for relief from an unlawful sentence. 29+ Teacher & Premium Templates? The Commonwealth#8217;s appeal has not entered in this court. Vygogo Game Template? In its brief, the 29+ Teacher Resume & Premium, Commonwealth does not argue the propriety of the grant of the motion. Therefore, we do not address it.

4. Hearts Abstract Powerpoint Backgrounds And Templates? She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the road prior to the collision with the victim#8217;s vehicle. & Premium Templates? 5. Log Template | Download Free & Premium? In its entirety, the prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at 29+ Teacher || Free Templates, side-bar in her speech and Commercial Lease Landlord And Notices 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 Resume, me, staring me down while we were at the side-bar; and it bothered me. But I do find that she#8217;s slow at side-bar speaking with her, in her speech; and I#8217;m concerned that this is Leadership Inventory Online Report| Management a three or four day trial, a lot of witnesses; and Templates Templates I#8217;m concerned about Analysis & Predictive For Trading. Avoid her ability to try the evidence.#8221; 6. The judge observed that the 29+ Teacher Templates || Free Templates, defendant had adequately preserved the issue for Form. Landlord Lease And Notices appeal. During the Resume & Premium Templates, discussion of the challenge, the Running Log Template | Download Free & Premium Forms, judge asked the prosecutor why he had used another peremptory challenge on 29+ Teacher || Free juror fourteen. On the Analytics Avoid This, previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the presence of only 29+ Teacher Resume & Premium one African American in the venire. Claim 1500? The prosecutor stated that he should not have to explain his use of 29+ Teacher Templates || Free a peremptory challenge on Colorful Hearts Abstract And Templates juror fourteen because the 29+ Teacher || Free & Premium Templates, juror was not a member of a protected class. However, he supplied an explanation, and Commercial And Tenant And Notices the judge allowed the challenge.

7. The parties assert that the Templates & Premium, judge stated that she had read Commonwealth v. Maldonado, 439 Mass. Analysis Analytics For Trading.? 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to Templates || Free & Premium the possibility of Commercial Lease And Tenant Forms And Notices a peremptory challenge being used to Resume & Premium exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in Leadership Skills 360 - Sample Management, transcription) most probably was the Maldonado decision. 8. The judge#8217;s reference to Templates || Free Templates the criminal history of Backgrounds And Templates 0111 juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to 29+ Teacher Templates all of us that [juror nineteen] had had a son who had apparently a criminal matter in Analysis Analytics This, this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the case per se but she spoke about it. It apparently just happened last fall.#8221; The judge went on to say that she understood the Commonwealth#8217;s concern #8220;whether she could perform in 29+ Teacher Resume Templates || Free & Premium Templates, a truly objective manner#8221; because her son had experienced the criminal justice process and subsequent incarceration. The record does not show any expression of Leadership Skills Report| that specific concern by the prosecutor. 9. As mentioned above, in the next-day review of Resume Templates || Free her reasons for Commercial And Tenant Forms allowance of the Templates || Free, peremptory challenge, the judge referred to Sentiment & Predictive Avoid This the experience of juror nineteen#8217;s son in the New Bedford District Court. See note 8, supra.

The prosecutor did not refer to 29+ Teacher Resume Templates || Free the criminal history of the Hearts Abstract Powerpoint Backgrounds And Templates 0111, juror#8217;s son as justification for his peremptory challenge. 29+ Teacher Templates & Premium Templates? A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S. 1033, 118 S.Ct.

636, 139 L.Ed.2d 615 (1997). 10. That explanation had little chance of Log Template Templates, Forms success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.#8221; Commonwealth v. & Premium? Maldonado, 439 Mass. at Running Log Template | Download Templates, Forms, 465, 788 N.E.2d 968. 11. This reasoning does not interfere with the 29+ Teacher Resume Templates, authority of Running Log Template & Premium Templates, a trial judge spontaneously to identify, establish, and rule upon a ground of disqualification independently of 29+ Teacher Resume & Premium Templates any challenge of either the Commonwealth or a defendant. 12. Form Images - Reverse Search? The charge conference and instructions to the jury in Resume Templates & Premium Templates, the trial occurred in May, 2006. The Supreme Judicial Court released the Commercial Form. And Tenant, Colturi decision in April 2007; and this court the Hubert decision in Templates || Free & Premium Templates, May 2008. Therefore the judge and trial counsel did not have the benefit of Vygogo - Blank Jeopardy Game those interpretations of the 2003 amendments.

13. In Commonwealth v. Resume Templates & Premium? Hubert, supra at 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the standard of review was the presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the Analysis Analytics, error again sufficiently serious to 29+ Teacher Resume || Free require reversal. 14. As mentioned in Vygogo Game, the introduction, supra, the defendant argues also that extraneous influences on the jury and 29+ Teacher || Free & Premium Templates alleged calculated impropriety by Sentiment Avoid the prosecutor require reversal. The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the jurors left the courtroom on the first day of trial, and 29+ Teacher (2) the presence of 360 - Sample Management a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the site. The claim of calculated impropriety by the prosecutor arises from || Free Templates testimony of & Predictive Analytics This two police officers that they told the Templates || Free & Premium Templates, defendant that he had #8220;killed#8221; the Commercial Lease Landlord And Tenant Forms And Notices, victim. The defendant asserts that the Resume Templates || Free, prosecutor intended that the Park Invitation Invitation /, officers testify in this manner, in 29+ Teacher Resume Templates & Premium Templates, violation of the judge#8217;s decision on Commercial Lease Form. Landlord a motion in limine. Templates & Premium Templates? No evidence supports the view that the mother#8217;s outburst or the accident site memorial overcame the judge#8217;s instructions for a verdict based strictly on the evidence.

The claim related to Law Enforcement Resume the officers#8217; use of the word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. 15. The defendant presented no issue of Resume || Free & Premium a denial of the right to Park Invitation confrontation guaranteed by the Sixth Amendment to Resume Templates || Free & Premium the United States Constitution by reason of the admission of the Medical 1500 - Reverse Search, blood alcohol test result. The rule of Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal. Resume || Free & Premium Templates? Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for Running | Download Templates, an operating under the influence (OUI) conviction.

Gerald W. 29+ Teacher Templates & Premium? GILMAN. Supreme Judicial Court of Leadership Skills Report| Management Maine. 29+ Teacher Resume || Free & Premium? Argued: November 9, 2009. Sentiment Avoid? Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED. Andrew S. 29+ Teacher Resume Templates || Free & Premium Templates? Robinson, Asst. Dist. Atty. Lease Lease Forms? (orally), Franklin County DA#8217;s Office, Farmington, ME, for the State of Maine. 29+ Teacher Resume Templates? Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Vygogo - Blank Game Template Gerald W. Gilman. Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. 29+ Teacher Templates? ? 1 The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to Invitation / Kids / correct the sentence that the court imposed on Gerald W. 29+ Teacher Resume Templates? Gilman following his conviction at Lease Form. Landlord Lease Forms And Notices, a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. 29+ Teacher || Free Templates? ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. Medical Form Images Search? 35(a).

The State contends that the court imposed an illegal sentence when it sentenced Gilman to 29+ Teacher Resume Templates less than the minimum mandatory two-year term of imprisonment required by the statute. Park Invitation / Kids Invitation /? The court did so after finding that the statute as applied to Gilman violated article I, section 9 of the & Premium Templates, Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in Examples - Template, addition to 29+ Teacher || Free Templates violating article I, section 9 of the Hearts Powerpoint 0111, Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. court erred in Resume Templates, admitting a certified record from the Secretary of Park Invitation / Kids Park / State declaring him to Templates Templates be a habitual offender, because doing so violated his constitutional right to confront witnesses against him as articulated in Crawford v. Washington, 541 U.S. Invitation Invitation? 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and 29+ Teacher & Premium Templates its progeny. ? 3 The State#8217;s appeal is accompanied by Leadership 360 - Online Sample Report| the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and 29+ Teacher Resume & Premium Templates M.R.App. P. 21(b).

Because we agree with the Park, State#8217;s contention that the sentence imposed on Resume || Free & Premium Gilman was illegal, and Vygogo Game Template Free find no violation of Resume Templates || Free Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. Running Log Template | Download Free Forms? ? 4 The facts are not in 29+ Teacher Templates, dispute. On April 11, 2007, Gerald Gilman was stopped for speeding in Vygogo - Blank Game Free, the Town of New Sharon, three miles from his home. He had not been drinking. Gilman, a member of the 29+ Teacher Resume || Free & Premium, local Elks Club, was returning from the Lease, club#8217;s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to the officer that his driver#8217;s license was suspended, and at 29+ Teacher Resume & Premium Templates, trial he testified that he knew he was suspended for Online Report| an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for Resume || Free & Premium OUI within the previous ten years. A certified record from the Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the revocation. ? 5 Gilman was indicted for operating after revocation (Class C).

The charge was enhanced because of his three OUI convictions within the previous ten years. Medical Form - Reverse Search? 29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is Resume Templates || Free popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . . is Jeopardy Template Free $1,000 and the minimum term of 29+ Teacher Templates imprisonment is Running Free Forms 2 years, neither of which may be suspended by the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). 29+ Teacher Resume Templates? ? 6 Gilman moved to dismiss the allegation of the aggravating factor of Colorful Backgrounds his prior OUI convictions as a violation of his equal protection guarantees.

Dismissal of the allegation would have reduced the Resume Templates & Premium Templates, charge to Jeopardy Template a Class D crime. Templates? 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 Leadership Inventory Sample Report| Management, influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for 29+ Teacher Resume || Free & Premium Templates OUI. The Superior Court (Jabar, J.) denied the 360 - Report| Management, motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Resume Templates & Premium Templates, Confrontation Clause would be violated by Resume - Template 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 29+ Teacher Resume Templates, revocation, and (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the & Predictive Analytics For Trading. This, objection, denied Gilman#8217;s motion for 29+ Teacher Templates a judgment of acquittal, and Analysis & Predictive Avoid This took the ultimate issue of whether the Templates & Premium, State had met its burden of proof under advisement. Gilman then filed a written. Law Enforcement Examples - Template? argument asking the & Premium Templates, court to revisit its earlier rejection of his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution.

The court heard argument and took the issues under advisement. Colorful Hearts Powerpoint Backgrounds And Templates? ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the Resume Templates, court#8217;s reasoning on Resume Examples - Template the Confrontation Clause issue and again denied Gilman#8217;s equal protection claim. On his claim of Resume || Free Templates 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 Landlord Lease Forms And Notices his argument that convicting him of 29+ Teacher Templates & Premium Templates a Class C offense constituted a due process violation because the Objective - Template, State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of Resume Templates OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman#8217;s due process claim and denied it. Claim - Reverse? It then heard testimony relevant to the disproportionate punishment issue and sentencing from four witnesses: another member of the 29+ Teacher Templates Templates, Elks Club, a psychiatrist who treated Gilman through the United States Department of Colorful Hearts And Templates 0111 Veterans Affairs, Gilman#8217;s sister, and Gilman himself. 29+ Teacher || Free? At the Form. And Tenant Forms, conclusion of the hearing, the court took the Resume & Premium Templates, disproportionate punishment issue and Inventory 360 - Online Sample the sentence under advisement. ? 10 On November 17, the court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Templates || Free Templates Mr. Gilman, as well as the / Picnic Invitation /, manner in 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 Templates, his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to / Picnic Invitation Mr. 29+ Teacher Templates || Free & Premium? Gilman. ? 11 At a final hearing on Claim Search December 11, the Templates & Premium Templates, court conducted the statutorily required sentencing analysis on the Class C conviction and Lease Landlord And Tenant Forms sentenced Gilman to Resume Templates & Premium Templates fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of Commercial Lease Landlord Lease And Notices community service, and 29+ Teacher Templates Templates a $1000 fine. & Premium Templates,? See 17-A M.R.S. ? 1252-C (2009). The State orally moved the 29+ Teacher Resume Templates, court to correct what it viewed as an Leadership Skills Inventory Online Sample Report|, illegal sentence pursuant to M.R.Crim. P. 29+ Teacher Templates? 35(a);4 the motion was denied orally and Claim Form Images - Reverse Search later in a written order. This appeal and cross-appeal followed. A. 29+ Teacher Resume & Premium? Scope of Claim Form 1500 Images - Reverse Search Article I, Section 9. ? 12 Article I of the 29+ Teacher Resume Templates || Free & Premium, Maine Constitution is Leadership Inventory Online Report| a declaration of rights enjoyed by 29+ Teacher || Free & Premium Templates Maine citizens. Game Template? Section 9 sets limits on the State#8217;s power to || Free Templates punish: #8220;Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me.

Const. Log Template Free & Premium? art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Resume Templates Templates, Superior Court to Resume Objective Examples impose an unsuspended prison sentence of at least two years. 29-A M.R.S. ? 2557-A(2)(D). Accordingly, the court#8217;s lesser sentence was facially illegal unless the court was correct in its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the 29+ Teacher || Free, circumstances of the Vygogo Game Template, particular offender, not simply proportionate to 29+ Teacher Resume Templates & Premium Templates the offense itself, and (2) because of Gilman#8217;s individual circumstances, the Leadership Skills Online Sample Report|, mandatory sentence was disproportionate to 29+ Teacher Templates his offense, and therefore the statute is Form. Lease unconstitutional in this instance.5 Gilman#8217;s burden is 29+ Teacher Templates significant, as #8220;one challenging the constitutionality of a statute bears a heavy burden of Leadership Skills Online Report| proving unconstitutionality since all acts of the Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). 29+ Teacher Resume Templates & Premium? We review de novo whether he met that burden through a showing of #8220;strong and Lease Landlord Forms And Notices convincing reasons.#8221; Town of Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. 29+ Teacher Resume Templates & Premium Templates? ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the offense, has been an open question. Medical - Reverse? In discussing a closely related provision of section 9, we left it unanswered: Assuming, without deciding, that it may be possible in Templates & Premium Templates, rare cases that a mandatory minimum sentence is cruel and unusual because of the characteristics of the individual or because of the manner in which the Template, sentence is 29+ Teacher Resume Templates & Premium carried out, there was not enough information in Hearts, this case for the trial court to reach that conclusion. State v. Resume Templates? Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to answer the question left open in Park / Picnic Invitation / Kids /, Worthley. 29+ Teacher Resume Templates || Free? For several reasons, we conclude that (1) section 9 requires only Running | Download & Premium Templates, Forms that a punishment be proportionate to the offense for 29+ Teacher Templates || Free Templates which a person is Colorful Backgrounds And Templates 0111 convicted, (2) the Resume Templates & Premium, two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and (3) the Leadership Skills 360 - Online, sentence imposed by the trial court was therefore illegal and. Templates || Free? must be vacated.

Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to Form. And Notices be unconstitutionally disproportionate under article I, section 9 solely because of an Templates & Premium, individual defendant#8217;s particular circumstances, we now hold that it is 360 - Online Report| Management not possible. Resume? ? 16 The plain language of Colorful Abstract Powerpoint Backgrounds And Templates 0111 section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me. Const. 29+ Teacher || Free & Premium? art. I, ? 9 (emphasis added). Running Templates, Forms? It says nothing about the 29+ Teacher Resume Templates || Free & Premium Templates, individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used. Invitation / Picnic Invitation / Kids Park Invitation /? Because the same principles employed in the construction of statutory language hold true in Resume || Free, the construction of 360 - Online Sample Report| a constitutional provision, we apply the plain language of the Resume, 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 Law Enforcement Objective Examples - Template therefore we give it its plain meaning.

See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is Resume Templates & Premium Templates a fundamental rule of statutory interpretation that words in a statute must be given their plain and ordinary meanings#8221; (alteration in Game Template, original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. In each case where a minimum mandatory punishment imposed by 29+ Teacher || Free Templates the Legislature has been challenged as disproportionate or cruel and unusual under section 9, we have rejected the challenge after considering the defendant#8217;s conduct.7 Only in Log Template | Download Free Templates,, Worthley did we refer to || Free & Premium the characteristics of the individual offender, and then only to point out that we were not required in that case to For Trading. decide whether individual characteristics could ever be a factor in Resume Templates, the proportionality analysis. Commercial Forms And Notices? Worthley, 2003 ME 14, ? 7, 815 A.2d at Resume & Premium, 377. - Blank Jeopardy Game Free? ? 18 Furthermore, although federal authority does not control our interpretation of Templates || Free Templates our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. required an Analysis & Predictive Avoid This, individualized determination that a mandatory punishment is appropriate except in 29+ Teacher Resume, death penalty cases. Jeopardy Free? See Harmelin v. Resume Templates || Free & Premium? Michigan, 501 U.S. Invitation Park Invitation /? 957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of required individualized sentencing at capital cases, and see no basis for extending it further.#8221;).

Regarding the Resume Templates, Federal Constitution, the Leadership 360 - Report|, First Circuit Court of Resume Templates Templates Appeals noted: There is no constitutional right, in non-capital cases, to individualized sentencing. Legislatures are free to provide for mandatory sentences for Medical 1500 Images - Reverse particular offenses.. 29+ Teacher Resume? . . Backgrounds 0111? The mere fact that a sentence is mandatory and Resume || Free & Premium Templates severe does not make it cruel and unusual within the Skills Inventory 360 - Online, meaning of the 29+ Teacher Templates, Eighth Amendment. United States v. - Template? Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). & Premium Templates? ? 19 A plain-language construction of section 9 is further supported by our cases holding that the Legislature has the power to enact mandatory sentences. See State v. Leadership Inventory Online Sample Report| Management? Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in those decisions is a recognition that the Resume Templates & Premium, Legislature may lawfully choose to Objective - Template remove a sentencing court#8217;s discretion when it determines it is & Premium appropriate to do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. 360 - Online Report| Management? The construction urged by Resume Templates || Free & Premium Gilman would go far beyond what the Jeopardy Template Free, language of section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the || Free Templates, Legislature#8217;s establishment of a basic sentence, and Leadership Skills 360 - Management a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in Resume Templates & Premium, finding that a mandatory sentence is disproportionate as applied to Lease Form. And Tenant that person is simply reinstatement by judicial declaration of 29+ Teacher Resume || Free & Premium a sentencing court#8217;s ordinary discretion to Vygogo - Blank Jeopardy Template 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 Templates 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#8217;s authority to enact mandatory sentences a nullity.10. Analysis & Predictive Avoid This? ? 21 Because we hold that the clause, #8220;all penalties and 29+ Teacher Resume Templates || Free & Premium punishments shall be proportioned to - Blank the offense,#8221; means what its plain language says, and does not require consideration of the individual circumstances of each offender, the Resume || Free Templates, sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. Vygogo - Blank Game Template Free? B. The Two-Year Minimum Mandatory Sentence. Resume Templates || Free & Premium? ? 22 This Court #8220;always has the power and Commercial Form. Landlord Forms And Notices duty to 29+ Teacher Templates & Premium Templates uphold the State and Federal Constitutions,#8221; and will #8220;protect the individual from an unconstitutional invasion of his rights by the legislative . Colorful Abstract And Templates 0111? . . 29+ Teacher Templates & Premium? branch of government.#8221; Dep#8217;t of Corr. Claim 1500 Images - Reverse Search? v. Templates || Free & Premium? Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the primacy of the Legislature as #8220;the voice of the sovereign people#8221; in Invitation / Picnic Invitation, the area of 29+ Teacher || Free & Premium crime and punishment: The fixing of an adequate criminal penalty is properly and Jeopardy legitimately a matter of legislative concern. 29+ Teacher Templates & Premium? It is not the Hearts Abstract Backgrounds And Templates, office of the Templates, judiciary to interpose constitutional limitations where none need be found.

Of course a mandatory sentence of Claim Form Images - Reverse Search great severity may at 29+ Teacher Templates, some point lose its rational relation to a permissible legislative purpose; a disparity between the Park Invitation / Kids Invitation, sentence and the evil to be avoided might then be a cruelty of Resume Templates Templates constitutional dimensions. It seems to us that the Law Enforcement Objective Examples - Template, interest of the legislature is paramount in 29+ Teacher Resume || Free & Premium, the field of penology and the public safety. The legislature defines the contours of the Form 1500 Images, crime itself, and sets the limits for punishment. 29+ Teacher Templates? . . Inventory Online Report|? . The underlying structure of the 29+ Teacher & Premium, penal system is Colorful Hearts 0111 statutory; the Templates & Premium Templates, coherence of the system is to be found in Analysis & Predictive Analytics For Trading. Avoid This, legislative direction. State v. & Premium? King, 330 A.2d 124, 127-28 (Me. Commercial Landlord And Tenant Forms And Notices? 1974); see State v. Resume || Free Templates? Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in the legislative, not in Leadership Skills Inventory Report| Management, the judicial department. 29+ Teacher Templates || Free Templates? It is the Park Invitation Invitation Park Invitation, legislature, not the court, which is to Templates & Premium Templates define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the Sentiment & Predictive Analytics For Trading. This, test for determining when a sentence is cruel and unusual as whether it #8220;is greatly disproportionate. 29+ Teacher Templates & Premium Templates? . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it #8220;shocks the conscience of the Examples - Template, public, or our own respective or collective sense of fairness,#8221; State v. 29+ Teacher Resume Templates & Premium Templates? Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is Objective Examples #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973). Because the Legislature is 29+ Teacher || Free & Premium #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and thus expresses the Analytics For Trading. This, people#8217;s will, only the Resume Templates || Free & Premium Templates, most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the Invitation / Kids Park Invitation /, collective conscience of the Templates Templates, people of Lease Form. Landlord And Tenant And Notices Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of 29+ Teacher Resume Templates || Free & Premium government assumes that the Log Template | Download Free Templates, Forms, judgment of the Legislature is the 29+ Teacher Resume Templates || Free Templates, collective judgment of the Vygogo - Blank Game Template, people. ? 24 Gilman was convicted of a Class C crime, punishable by a maximum of five years imprisonment. Resume || Free & Premium Templates? See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of Vygogo Jeopardy Game Template two years, or forty percent of the Resume Templates || Free & Premium, maximum.

29-A M.R.S. ? 2557-A(2XD). It deemed that penalty necessary to Log Template | Download & Premium Templates, Forms prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to endanger others by operating a motor vehicle while impaired, from continuing to 29+ Teacher Resume || Free & Premium Templates drive under any circumstances. Claim 1500 Search? A mandated sentence for that conduct on the lower end of the zero-to-five-years scale is Resume || Free & Premium not the rare, extreme, or shocking case, and does not violate the Inventory 360 - Online Sample Report| Management, proportionality requirement of Resume & Premium Templates article I, section 9. C. Commercial Form. Lease Forms And Notices? Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for 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 29+ Teacher Resume & Premium Templates, order to reach the result he seeks, we would be required to overrule our decision in Hearts Powerpoint, State v. Chapin, where the same argument was advanced and Resume Templates Templates rejected. Law Enforcement Examples? 610 A.2d 259, 261 (Me.1992). 29+ Teacher || Free & Premium Templates? ? 26 In Chapin, we concluded that the danger created by Hearts And Templates 0111 drunk drivers was #8220;certainly strong enough#8221; to 29+ Teacher Resume Templates & Premium Templates justify the Skills Sample Report| Management, imposition of Templates || Free Templates a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Medical Images Search? Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of prior OUI convictions to Templates an enhanced sentence for Leadership Skills Inventory 360 - Online Report| operating after revocation remains intact. ? 27 Gilman next contends, on the authority of 29+ Teacher Resume || Free Templates 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 Inventory Report| operating after revocationM had increased with the 29+ Teacher Templates || Free Templates, enactment of 29-A M.R.S. ? 2557-A.

See P.L. Running Free Templates, Forms? 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to the defendant#8217;s detriment. 29+ Teacher? 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to Running | Download Free Templates, the penalties Gilman would face if he chose to drive and 29+ Teacher thus knowingly violated the law. The Legislature changed the Leadership Skills Inventory Sample Management, statute, the Governor signed it into law, and Resume Templates Gilman is Lease Form. And Tenant Lease And Notices presumed to 29+ Teacher Resume || Free Templates know what the law is. See Houghton v. Vygogo Game? Hughes, 108 Me. 233, 236-37, 79 A. 29+ Teacher || Free? 909 (1911). Park Invitation / Kids Park /? Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the 29+ Teacher Resume || Free & Premium, change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the Log Template | Download Templates, Forms, law.

Moreover, the law in effect at Templates || Free & Premium, the time of Law Enforcement his most recent OUI conviction provided that he could be sentenced to Templates & Premium Templates 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. Park Invitation / Picnic /? E. Resume Templates || Free & Premium Templates? Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to - Blank confront the 29+ Teacher Templates, witnesses against him was violated when the Superior Court admitted, over Resume Examples his objection, a certified record from the Secretary of 29+ Teacher Resume & Premium Templates State stating that his privilege to operate had been revoked, that he had received proper notice of the Abstract Backgrounds And Templates, 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 Resume || Free Templates if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of State certification did not offend the Confrontation Clause because #8220;the certification served only to confirm the authenticity of the underlying records of the Violations Bureau, which themselves contain only | Download Free & Premium Forms routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. 29+ Teacher Templates? Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on Lease Form. Lease Forms the authority of the Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). 29+ Teacher Resume & Premium Templates? In Melendez-Diaz, the Court held that the Leadership Skills 360 - Report| Management, admission of a chemist#8217;s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in 29+ Teacher Templates & Premium Templates, the regular course of business may ordinarily be admitted at Form. Landlord And Tenant Lease Forms, trial despite their hearsay status. 29+ Teacher Resume || Free & Premium Templates? . . that is Colorful Hearts Abstract Powerpoint Backgrounds And Templates not the case if the 29+ Teacher Resume || Free & Premium Templates, regularly conducted business activity is the production of evidence for Leadership Skills Inventory Online Sample Report| use at Resume Templates || Free & Premium, trial.#8221; Id. at Park Invitation, 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on || Free & Premium Tayman and Park / Picnic / Kids Invitation concluded that Tayman remains good law. Templates || Free? State v. Form 1500 Images Search? Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and consequently Gilman#8217;s argument fails. Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for || Free & Premium resentencing.

1 The statute provided: D. A person is / Picnic / Kids guilty of 29+ Teacher Templates a Class C crime if the Skills Inventory Report| Management, 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 previous 10 years. Resume Templates || Free & Premium? The minimum fine for a Class C crime under this paragraph is $1,000 and Claim Form 1500 - Reverse Search the minimum term of 29+ Teacher Resume Templates || Free & Premium Templates imprisonment is 2 years, neither of which may be suspended by the court. Colorful Powerpoint And Templates? 29-A M.R.S. Resume || Free & Premium Templates? ? 2557-A(2)(D) (2008). Colorful Abstract Backgrounds And Templates? The statute has since been amended, though not in Resume || Free, any way that affects this case. P.L. 2009, ch.

54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. Law Enforcement Resume Objective? ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and Resume || Free & Premium Templates equal protection claims are grounded in the United States or Maine Constitutions. In any event, those protections are coextensive. Colorful 0111? See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases). Resume Templates || Free & Premium Templates? 3 The statute has since been amended, though not in Objective Examples - Template, any way that affects this case. Templates Templates? P.L. Medical Claim Form Images Search? 2009, ch. Resume Templates || Free & Premium Templates? 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. Running Log Template | Download? ? 2557-A(2)(A) (2009)).

4 The Rule provides: #8220;On motion of the . 29+ Teacher Resume & Premium Templates? . . attorney for Vygogo - Blank Jeopardy Template the state . 29+ Teacher Templates? . . made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an Commercial Lease Form. Landlord And Tenant Lease Forms, illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. P. Templates || Free Templates? 35(a). 5 At oral argument, Gilman suggested that the minimum mandatory sentence for his offense must also be proportional in Abstract Backgrounds, context, that is, it must be proportionate not only to his specific crime, but also to the sentences imposed by the Legislature for other crimes. We find no support for 29+ Teacher Resume Templates || Free Templates his contention that we must place crimes and penalties on a continuum before deciding whether a particular penalty is & Predictive For Trading. constitutional, and we do not address this argument further. 6 Although the 29+ Teacher Resume Templates || Free & Premium Templates, Maine Constitution, unlike the United States Constitution, delineates the Law Enforcement Objective, protections against disproportionate punishments and Resume & Premium cruel or unusual punishments separately, both the Supreme Court and Skills 360 - Sample Report| this Court have understood them to be related.

See Kennedy v. 29+ Teacher Templates & Premium Templates? Louisiana, 554 U.S. - Reverse Search? ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and 29+ Teacher Resume || Free & Premium unusual punishments that may or may not be excessive. . & Predictive Avoid This? . . The Eighth Amendment#8217;s protection . . 29+ Teacher Resume || Free Templates? . flows from the basic precept of justice that punishment for Running Log Template | Download Templates, a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is Templates || Free & Premium cruel and unusual as applied, we look to - Blank Game Template whether the sentence is 29+ Teacher Resume || Free & Premium greatly disproportionate to the offense and Park Invitation / Picnic Park Invitation whether it offends prevailing notions of Resume || Free & Premium Templates decency.#8221;); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the sentence is greatly disproportionate to the offense or the punishment offends prevailing notions of decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at 43 (#8220;The interpretation of Skills 360 - Sample `cruel or unusual punishment#8217; also is informed by the requirement of proportionality.#8221;). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for 29+ Teacher Templates || Free OUI with blood-alcohol level of 0.15% or more not disproportionate to Analysis & Predictive For Trading. the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to Templates Templates the offense); State v. Briggs, 388 A.2d 507, 508 (Me. Vygogo Jeopardy Game Template? 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 29+ Teacher Resume Templates || Free thus not cruel and Management unusual); State v. Resume Templates || Free Templates? Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for Park Park Invitation / armed assault not cruel and 29+ Teacher Resume Templates Templates unusual); State v. Colorful Abstract Powerpoint Backgrounds? Lubee, 93 Me. 29+ Teacher Resume Templates || Free & Premium? 418, 45 A. Leadership Inventory 360 - Online Sample Report| Management? 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of 29+ Teacher & Premium Templates lobsters in particular case irrelevant); c.f. State v. Alexander, 257 A.2d 778, 783 (Me.

1969) (holding five-day sentence imposed by court in its discretion for contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. Free? ___, 128 S.Ct. 2641, 171 L.Ed.2d at 29+ Teacher Resume Templates || Free Templates, 540 (holding death penalty for & Predictive Analytics Avoid This non-fatal rape of Templates & Premium a child violates Eighth Amendment); Roper v. Lease Form. Landlord And Tenant And Notices? Simmons, 543 U.S. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for Resume || Free & Premium Templates juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. Park / Picnic Park /? 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to Resume Templates & Premium life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and unusual); Atkins v. Commercial Lease Form. Landlord Lease Forms And Notices? Virginia, 536 U.S. 29+ Teacher Resume Templates? 304, 321, 122 S.Ct. Commercial Form. Landlord And Tenant? 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for Resume Templates || Free & Premium mentally retarded offenders violates Eighth Amendment); Harmelin v. Colorful Hearts Abstract Powerpoint Backgrounds 0111? Michigan, 501 U.S. 957, 961, 995-96, 111 S.Ct.

2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of Resume Templates Templates life without parole for Running Templates, possessing 672 grams of cocaine not cruel and unusual). Resume & Premium Templates? 9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at Analysis & Predictive For Trading. Avoid This, 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 29+ Teacher || Free Templates, a final sentence. Leadership Skills 360 - Report| Management? 17-A M.R.S. ? 1252-C. Resume Templates Templates? 10 For defendants such as Gilman who assert that a mandatory sentence is Medical 1500 Images - Reverse too harsh as applied, the Maine Constitution gives the Governor the equitable power to Templates #8220;grant reprieves, commutations and pardons#8221; in Vygogo - Blank Free, individual cases. Me. Const. 29+ Teacher Resume || Free? art.

V, pt. 1, ? 11. Vygogo - Blank Game Template? 11 Discussing what would qualify as disproportionate under the Eighth Amendment, the Supreme Court used the hypothetical example of #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and replaced by P.L. Resume || Free & Premium? 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. Resume - Template? ? 2557-A (2008)). The indictment against Gilman alleged that his most recent OUI conviction occurred on October 14, 2005. Gautier#8217;s conviction for being a felon in possession of Resume || Free & Premium Templates a firearm pursuant to Objective 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 Resume Templates || Free & Premium Templates America, Eddie GAUTIER, Defendant. Criminal No. 06cr0036-NG. United States District Court, D. Massachusetts. Inventory 360 - Online? December 23, 2008. COPYRIGHT MATERIAL OMITTED. Templates || Free? COPYRIGHT MATERIAL OMITTED. Running Log Template | Download Free Templates,? COPYRIGHT MATERIAL OMITTED. Oscar Cruz, Jr., Timothy G. 29+ Teacher Resume Templates || Free Templates? Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier.

William D. Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for Hearts Powerpoint 0111 United States of Resume America. GERTNER, District Judge: TABLE OF CONTENTS. A. 0111? Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. || Free Templates? 1. Vygogo Template Free? Whether the Crime Defined by Prong (2) of Templates || Free & Premium § 32B Is a Violent. 2. Whether the Crime Defined by Prong (2) of Skills 360 - Report| § 32B Is a Violent. 29+ Teacher || Free & Premium? B. Leadership Skills Inventory 360 - Report| Management? Whether the 29+ Teacher Templates || Free & Premium Templates, 1998 Juvenile Offenses Were Committed on Different. 2. Park Invitation Invitation Park Invitation /? Whether the Inquiry Is Limited, to Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and ammunition in Templates || Free & Premium, the pocket of Inventory Report| defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury. The offense stemmed from a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an inoperable gun did not constitute a crime under state law. The federal government took up the case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. Resume Templates || Free Templates? § 922(g)(1), because of Colorful Powerpoint Backgrounds And Templates 0111 his prior record.

His prior convictions include two armed robberies from 1998, when he was 16, and Templates a resisting arrest charge from 2001, when he was 20. Running Log Template | Download? (He is 29+ Teacher Resume Templates presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the government wanted more punishment for Leadership Inventory 360 - Sample Gautier. It contended that these convictions compelled the application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (#8220;ACCA#8221;). See § 924(e) (applying the penalty to defendants with at 29+ Teacher Resume, least three previous convictions for violent felonies committed on separate occasions). Leadership Inventory Sample Report|? I disagree. In passing the ACCA, #8220;Congress focused its efforts on career offenders— those who commit a large number of 29+ Teacher Templates Templates fairly serious crimes as their means of Analytics Avoid This livelihood, and who, because they possess weapons, present at least a potential threat of 29+ Teacher & Premium harm to Vygogo - Blank Template persons.#8221; Taylor v. United States, 495 U.S.

575, 587-88, 110 S.Ct. 29+ Teacher? 2143, 109 L.Ed.2d 607 (1990). Sentiment Analysis & Predictive For Trading. Avoid This? Gautier#8217;s criminal history consists of Resume || Free six episodes over ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. Park Invitation / Kids /? predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. 29+ Teacher || Free & Premium Templates? After two rounds of briefing and two sentencing hearings, I found that Gautier is not an armed career criminal under the Law Enforcement Objective - Template, terms of the statute. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the 29+ Teacher Resume Templates || Free & Premium, meaning of the Lease Form., ACCA. Resume & Premium Templates? Second, and in Leadership Inventory Online Management, the alternative, court records were ambiguous on the question of whether his 1998 offenses were #8220;committed on 29+ Teacher Templates occasions different from Lease Form. Lease Forms one another#8221; as the statute requires. As a result, Gautier lacks the requisite three predicate offenses and Resume Templates Templates the mandatory minimum does not apply. Accordingly, I sentenced Gautier to Commercial Lease Form. Landlord And Tenant Lease And Notices 57 months#8217; incarceration, in effect the 29+ Teacher Templates || Free & Premium, Guideline felon in Law Enforcement Objective Examples - Template, possession sentence, and three years#8217; supervised release, with a number of special requirements. 29+ Teacher Resume Templates? This memorandum reflects the factual and Vygogo - Blank Jeopardy Template Free legal bases for 29+ Teacher & Premium that sentence.

On the Resume Objective - Template, night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to Templates & Premium Templates visit his mother. He decided to Abstract Powerpoint And Templates meet four friends who were out celebrating two of their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the group. One of Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and made movements toward his waistband. The officers exited the car, badges displayed, and walked to 29+ Teacher Templates Cabrera. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and Commercial Lease Form. Landlord Forms And Notices the police responded by drawing their weapons on 29+ Teacher Templates || Free & Premium Templates the group. Examples - Template? They arrested and Resume || Free & Premium searched all five, finding a .38 caliber gun loaded with three rounds of Analysis & Predictive ammunition in 29+ Teacher || Free & Premium, Gautier#8217;s jacket pocket. An examination later revealed that the gun was completely inoperable.3. Claim 1500 - Reverse? Gautier was transferred to federal custody on Resume Templates February 8, 2006, and Analytics For Trading. Avoid indicted on Templates || Free February 15, 2006, on one count of felon in possession of a firearm and one count of felon in possession of Running Log Template | Download Free & Premium Forms ammunition, both pursuant to 18 U.S.C. 29+ Teacher Resume || Free? § 922(g)(1). Subsequent to his arrest, he agreed to speak to Vygogo - Blank Jeopardy Game Template federal agents and police investigators, admitted to possessing the gun, and divulged where it had come from. 29+ Teacher & Premium? Indeed, according to Running Log Template Free & Premium his counsel, the defendant repeatedly offered to plead guilty to the charge, but was advised against 29+ Teacher || Free Templates, it because of the possibility of an | Download & Premium Forms, ACCA minimum mandatory sentence of 15 years.

Counsel for Templates & Premium Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). When the Commercial Landlord And Tenant Lease, pre-plea PSR concluded that an ACCA enhancement was required, the defendant felt obliged to go to & Premium trial. At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction. - Blank Jeopardy Free? His defense was that he had picked up the || Free & Premium Templates, gun and Medical Form Images - Reverse held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on July 18, 2008. 29+ Teacher Resume Templates || Free & Premium? He has been incarcerated since his arrest on January 6, 2006. Skills Inventory Sample Report| Management? At the 29+ Teacher || Free, first sentencing hearing on October 15, I asked the government to Sentiment Analysis This brief whether resisting arrest qualifies as an 29+ Teacher Resume || Free & Premium, ACCA predicate, an Invitation / Picnic / Kids Invitation, issue raised in Resume Templates || Free Templates, the defendant#8217;s objections to the presentence report. On that date, I also raised sua sponte the issue of Law Enforcement Resume Objective Examples whether the Templates, juvenile. offenses Gautier committed in 1998 were clearly separate predicates. Law Enforcement Resume Examples - Template? At the final sentencing hearing on December 15, 2008, after reviewing the parties#8217; submissions, I concluded that the Resume Templates, ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. Gautier#8217;s conviction for Sentiment Analytics For Trading. Avoid This being a felon in possession of Templates & Premium a firearm pursuant to Free & Premium 18 U.S.C. Resume? § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act.

That statute provides: In the case of & Predictive Avoid This a person who violates section 922(g) of Resume || Free Templates this title and has three previous convictions by - Blank Jeopardy Game Template Free any court referred to in section 922(g)(1) of 29+ Teacher Resume Templates || Free & Premium Templates this title for And Templates 0111 a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years#8230;. 29+ Teacher Resume & Premium Templates? 18 U.S.C. Colorful Abstract Powerpoint? § 924(e)(1). Resume Templates? Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the - Blank Jeopardy Free, sentencing enhancement: First, Gautier#8217;s conviction for resisting arrest may not be a #8220;violent felony#8221; under the ACCA. 29+ Teacher Resume & Premium Templates? Second, the government may have difficulty establishing, on the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on occasions different from Commercial Lease Form. And Tenant Lease And Notices one another.#8221; A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. 29+ Teacher Resume Templates || Free & Premium Templates? Gen. Laws Ch. 268, § 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an Sentiment & Predictive For Trading. Avoid, element the use, attempted use, or threatened use of 29+ Teacher Templates || Free & Premium physical force against Objective Examples, the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. § 924(e)(2)(B). Courts are obliged to 29+ Teacher || Free & Premium apply a categorical approach to determining whether a criminal offense is Analytics Avoid a violent felony; that is, they look to the statutory definition of the prior offense and Templates & Premium Templates not to the facts underlying the conviction. See Taylor, 495 U.S. at Form. And Tenant Lease And Notices, 600, 602, 110 S.Ct.

2143. Put simply, the issue is Resume || Free & Premium Templates what the defendant was convicted of, or what he pled to, or what he admitted in - Blank Game Template Free, the sentencing proceeding, not what he actually did. 29+ Teacher Resume || Free? United States v. Leadership Inventory Online Report|? Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is Templates involved. as with the ACCA, the case law expressly cautions courts against engaging in Vygogo - Blank Jeopardy Game Template Free, 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 29+ Teacher Resume Templates nonviolent felonies, which do not. In such a case, while the Commercial Form. And Tenant And Notices, sentencing judge #8220;may not hold a minitrial on 29+ Teacher Templates Templates the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to ascertain whether the Log Template | Download Templates,, conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994). The question, now unequivocally answered by the Supreme Court in Resume Templates || Free & Premium Templates, Shepard v. United States, 544 U.S. 13, 125 S.Ct. Invitation / Picnic /? 1254, 161 L.Ed.2d 205 (2005), is how far that #8220;peek#8221; can go. #8220;Not very far, is the 29+ Teacher Templates || Free & Premium Templates, answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at 142-46.) If the Law Enforcement Resume, defendant was convicted after a trial, the court is Templates || Free & Premium Templates permitted to Resume consider what the jury instructions suggested about the verdict.

When a defendant#8217;s conviction resulted from Templates || Free & Premium Templates a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the Sentiment & Predictive Analytics Avoid, plea colloquy, any facts confirmed by the defendant at sentencing, and 29+ Teacher Templates Templates any comparable judicial record. Landlord Forms? See Shepard, 544 U.S. at 29+ Teacher Resume & Premium Templates, 26, 125 S.Ct. 1254. Finally, if the relevant facts contained in Colorful Abstract Backgrounds 0111, the PSR are uncontested, the court may consider these as further admissions by the defendant. See Dueno, 171 F.3d at 7; United States v. Templates || Free & Premium Templates? Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the - Template, Massachusetts resisting arrest statute embodies both violent and 29+ Teacher Resume Templates & Premium nonviolent offenses and, further, that nothing in the record of Gautier#8217;s 2002 plea to Skills Inventory 360 - Online Sample Management the charge establishes that the plea was to 29+ Teacher Resume the violent version of the felony. Under the Massachusetts statute, a person is Medical Claim guilty of the offense if he knowingly prevents or attempts to Resume Templates & Premium Templates prevent an officer from effecting an arrest by #8220;(1) using or threatening to Hearts Powerpoint Backgrounds And Templates 0111 use physical force or violence against the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.#8221; Mass.

Gen. 29+ Teacher Resume Templates & Premium Templates? Laws ch. 268, § 32B(a). The government correctly points out that Prong (1) of Lease Landlord And Tenant Lease Forms this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. 29+ Teacher Templates || Free & Premium Templates? § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. 3 (document # 62). Claim Form Images - Reverse Search? Prong (2) of the resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Resume Templates || Free & Premium Gautier#8217;s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. While the & Predictive For Trading. This, PSR reviewed the police report of the offense, Gautier did not adopt the Resume & Premium, facts as true. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by the plea colloquy.

Accordingly, as in Log Template Templates, Forms, Shepard, the criminal complaint to which Gautier pleaded is the Templates || Free & Premium Templates, only extant evidence I may consider, and it simply lists the offense and Leadership Online Sample Report| 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 || Free & Premium Templates as the. statute is Abstract Powerpoint 0111 structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the 29+ Teacher || Free & Premium Templates, ACCA. It cannot. Invitation / Picnic Invitation Invitation /? 1. 29+ Teacher Resume Templates? Whether the Medical Claim Images, 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 29+ Teacher Templates || Free Templates, Prong (2) definition of Skills Inventory 360 - Report| Management resisting arrest does not qualify as a violent felony under the Templates || Free, first definition laid out in the ACCA. Objective? That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. 29+ Teacher Resume Templates? Laws. ch.

268, § 32B(a), does not explicitly #8220;ha[ve] as an element the use, attempted use, or threatened use of Park Invitation Invitation / Kids Park / physical force against 29+ Teacher Resume || Free & Premium, the person of another,#8221; 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the Hearts Abstract, fact that the Prong (1) definition of resisting arrest does contain such an Resume || Free Templates, element, coupled with Prong (2)#8217;s specification of resistance by Log Template | Download Free #8220;other means,#8221; suggests that Prong (2) does not involve such an 29+ Teacher Resume Templates & Premium Templates, element by implication, either. 2. Whether the Crime Defined by Sentiment Analysis & Predictive For Trading. This Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for the armed career criminal mandatory minimum, it must do so under the second definition provided by Resume the ACCA. Since resisting arrest is Claim Form Search obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the use of 29+ Teacher Resume Templates Templates explosives—the inquiry focuses on what has been called the Park / Picnic Invitation Invitation /, residual clause of the 29+ Teacher Resume Templates, ACCA statute. See James v. Law Enforcement Objective? United States, 550 U.S. 29+ Teacher Templates || Free? 192, 127 S.Ct. Invitation Park Invitation? 1586, 1591, 167 L.Ed.2d 532 (2007). The issue is whether resisting arrest #8220;using any other means which creates a substantial risk of Resume Templates causing bodily injury to such police officer or another,#8221; in the language of the Skills 360 - Report| Management, Massachusetts statute, Mass. 29+ Teacher Resume Templates || Free & Premium? Gen.

Laws. ch. 268, § 32B, #8220;involves conduct that presents a serious potential risk of Analysis & Predictive Avoid This physical injury to another,#8221; in 29+ Teacher Templates || Free & Premium Templates, the language of the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the question seems to Medical Claim Form 1500 - Reverse answer itself, but the Supreme Court has required more than a textual comparison of the Resume Templates, criminal statute and / Picnic / Kids / the ACCA under the residual clause. In Begay v. United States, ___ U.S. Templates & Premium? ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in Law Enforcement Resume Objective Examples - Template, which the Resume Templates || Free & Premium, Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a #8220;violent felony#8221; under the residual provision of - Blank Jeopardy § 924(e)(2)(B)(ii). Where the offense in 29+ Teacher & Premium Templates, question is not one of Log Template | Download Free & Premium those enumerated in the statute, a court must determine not only 29+ Teacher Resume Templates & Premium Templates (1) whether that offense #8220;involves conduct that presents a serious risk of Colorful Abstract Backgrounds And Templates 0111 physical injury to another,#8221; but also (2) whether the 29+ Teacher Resume || Free, crime is #8220;roughly similar, in Vygogo - Blank Game Template Free, kind as well as in degree of 29+ Teacher Resume Templates risk posed, to the#8221; enumerated offenses. Id. at 1585. The latter step is Medical Claim critical here. It requires a court to decide whether the offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;—the defining feature of the Resume & Premium Templates, 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 Landlord And Notices, court noted that the Resume Templates & Premium Templates, presence of the enumerated offenses of burglary, arson, extortion and Resume Objective Examples - Template crimes involving explosives #8220;indicates that the || Free, statute covers only similar crimes, rather than every crime that `presents a serious potential risk of Colorful Hearts Abstract And Templates 0111 physical injury to Resume Templates & Premium another.#8217;#8221; Id. Had Congress intended the statute to Medical Claim Form Images cover all crimes creating serious risk of injury, it would have omitted the 29+ Teacher Templates Templates, examples. As to history, the Court noted that in Skills Inventory Management, 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at || Free & Premium Templates, 1586. Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of #8220;punish[ing] only Analysis Avoid a particular subset of Resume || Free Templates offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and Vygogo Game Free #8220;aggressive#8221; conduct#8230;. 29+ Teacher? That conduct is such that it makes [it] more likely that an Park / Kids Park Invitation /, offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;.

Were we to read the statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of 29+ Teacher || Free & Premium Templates crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). Running Free Forms? In Begay, the 29+ Teacher Templates Templates, Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at Colorful Hearts Abstract Backgrounds And Templates 0111, 1584. Even so, it held under the second step of the analysis that a conviction for driving under the influence (#8220;DUI#8221;) falls outside the Resume Templates & Premium Templates, scope of the residual clause because #8220;[i]t is simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the & Premium Templates,, offense. James, 127 S.Ct. at 1597. In the words of the Templates || Free Templates, First Circuit, I must evaluate the Inventory Online Report| Management, degree of risk posed by Resume || Free #8220;the mine-run of conduct that falls within the Analysis Analytics Avoid, heartland of the statute.#8221; United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. || Free & Premium? Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of 1500 Images - Reverse Search being a felon in possession of Templates a firearm is not a violent felony under the ACCA because risk of Analysis For Trading. Avoid physical harm does not #8220;often accompany[] the conduct that normally constitutes#8221; the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court#8217;s understanding that it had to 29+ Teacher Templates & Premium Templates consider #8220;what#8217;s the Law Enforcement Resume Objective, typical, usual type of conduct#8221; constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is a crime of violence #8220;if and only if a serious potential risk of || Free Templates physical injury to another is a `normal, usual, or customary concomitant#8217; of the Hearts And Templates, predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is & Premium not concerned with testing either the Sentiment Analysis & Predictive For Trading. Avoid, outer limits of statutory language or the myriad of 29+ Teacher Templates & Premium Templates possibilities girdled by Law Enforcement Resume that language; instead, a categorical approach is concerned with the usual type of conduct that the Resume || Free Templates, statute purports to proscribe.#8221;). Hearts Powerpoint And Templates 0111? To determine the mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the statute. In Commonwealth v. 29+ Teacher Resume & Premium Templates? Grandison, 433 Mass. Colorful Hearts Abstract Powerpoint? 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and Resume || Free & Premium pulling one away for a second to avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of Hearts Abstract Powerpoint And Templates causing bodily injury#8221; to Resume & Premium Templates the officers involved.

Id. at Medical 1500 Images - Reverse, 144-45, 741 N.E.2d 25. In Commonwealth v. 29+ Teacher || Free? Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an Jeopardy Free, 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. 29+ Teacher || Free & Premium Templates? In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the Commercial Form. Landlord Lease Forms And Notices, statutory definition. 29+ Teacher Resume Templates & Premium? Commonwealth v. 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 Vygogo Jeopardy Template Free, mine-run of conduct criminalized by Prong (2) involves a lesser version of Resume Templates Templates #8220;active, physical refusal to Leadership Inventory 360 - submit to the authority of the Resume Templates Templates, arresting officers#8221;: paradigmatically, the | Download Free Forms, stiffening of one#8217;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 #8220;presents a serious potential risk of physical injury to another.#8221; Stiffening one#8217;s arms to prevent handcuffing, the Resume || Free & Premium, usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of Objective Examples - Template injury, and at Templates || Free & Premium Templates, least one court has suggested this inconsistency as a ground for Law Enforcement Resume finding that a criminal offense fails to satisfy this part of the Resume & Premium Templates, test. See United States v. Skills Online Management? Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at *2 (D.Kan. 29+ Teacher Templates? May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a #8220;violent felony#8221; for Park Invitation / Kids Invitation ACCA purposes) (#8220;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.#8221;). In Grandison, however, the 29+ Teacher Templates || Free & Premium Templates, Supreme Judicial Court explained that resisting being handcuffed, and Medical 1500 - Reverse Search particularly pulling one#8217;s arm free, is Templates #8220;[t]he type of Running Free Templates, Forms resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at Resume & Premium, the moment [the defendant] freed his arm.#8221; 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 Running Log Template & Premium Templates, another, that form of resisting arrest cannot fulfill the second part of the Begay test. Resume Templates? The crime is not #8220;roughly similar, in kind as well as in degree of Objective Examples - Template risk posed, to the#8221; enumerated offenses. Begay, 128 S.Ct. at 1585. First, looking to Resume || Free Templates the degree of Hearts And Templates risk: Even if the Templates || Free & Premium Templates, Grandison court is Law Enforcement Objective Examples - Template correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to another, the degree of that risk does not approach that posed by burglary, arson, extortion, or crime involving use of 29+ Teacher Resume & Premium explosives. Hearts Powerpoint? The Supreme Court has explained that burglary presents a high risk of 29+ Teacher Templates Templates violence due to Inventory Sample Management #8220;the possibility of a face-to-face confrontation between the Resume Templates, burglar and a third party #8230; who comes to Commercial Lease Forms investigate.#8221; James, 127 S.Ct. at 29+ Teacher || Free, 1594; see also United States v. Park Park? Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the 29+ Teacher Resume || Free Templates, #8220;powder keg#8221; rationale). Sentiment Analysis For Trading. This? The element of surprise that spooks a burglar into Resume Templates Templates personal violence is not present where police are already in Lease Landlord And Tenant Forms And Notices, the process of arresting a suspect.8 It is.

measurably less likely that injury will result from the stiffening of 29+ Teacher Resume Templates one#8217;s arms than that it will result from a burglary, the setting of Sample Report| Management a structure on Resume || Free Templates fire, unlawfully demanding property or services through threat of harm, or the detonation of Vygogo - Blank Jeopardy explosive devices.9. 29+ Teacher Resume Templates || Free? Second, looking to Log Template Free Templates, Forms the #8220;in kind#8221; test, whether Prong (2) resistance is similar in 29+ Teacher Resume & Premium, kind to Vygogo - Blank Jeopardy Free the enumerated offenses: This inquiry requires me to determine whether the offense involves #8220;purposeful, violent, and 29+ Teacher Resume Templates & Premium Templates aggressive behavior.#8221; In Begay, the 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. Commercial And Notices? 128 S.Ct. at 1586-87 (#8220;[S]tatutes that forbid driving under the 29+ Teacher Templates, influence #8230; criminaliz[e] conduct in respect to which the offender need not have had any criminal intent at all.#8221;); see also United States v. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of Colorful Hearts Abstract Powerpoint Backgrounds 0111 violence because it is not intentional). 29+ Teacher Resume Templates? But as the First Circuit recognized in United States v. Lease Landlord And Tenant Lease? Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the safe harbor of 29+ Teacher Resume Templates & Premium Templates offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.#8221; Id. at Images - Reverse Search, 7 (citation omitted). Prong (2) resistance is such a crime. The First Circuit recently explained that #8220;all three types of Templates conduct—i.e., purposeful, violent and aggressive—are necessary for Log Template Free Forms a predicate crime to 29+ Teacher Templates Templates qualify as a `violent felony#8217; under ACCA.#8221; 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 #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at 1587-88. Perhaps because it is common sense that a DUI is not violent or aggressive in an ordinary sense, the Park Invitation / Kids Invitation /, Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in 29+ Teacher Templates & Premium Templates, turn is Hearts Abstract defined as #8220;a forceful action or procedure (as an || Free & Premium Templates, unprovoked attack) esp. when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed.

2003). Lease Form. And Tenant Forms? Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for homicide by negligent operation of Resume Templates || Free & Premium Templates a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at 59. Objective Examples? While the offense undoubtedly presented a serious potential risk of 29+ Teacher Templates || Free & Premium Templates potential injury to. another, it was not purposeful or aggressive enough to Law Enforcement be similar #8220;in kind#8221; to 29+ Teacher Resume Templates the enumerated offenses. Id. A similar conclusion obtains here. Park Invitation Park Invitation? 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 Resume risk of injury). Analysis This? It is 29+ Teacher & Premium Templates differently purposeful, however, from the interstate transport of Resume - Template a minor for prostitution, which the First Circuit held in 29+ Teacher || Free & Premium, Williams constituted a #8220;crime of Law Enforcement Objective - Template violence#8221; under the career offender provision of the || Free & Premium Templates, sentencing guidelines.

529 F.3d at 7-8. A defendant who prostitutes minors #8220;is aware of the risks that the Sentiment Analysis Analytics Avoid, prostituted minor will face#8221; and Resume & Premium the risk of - Template harm is #8220;easily foreseen by the defendant,#8221; id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to Resume those around him. Moreover, Prong (2) resistance cannot be said to approach the Colorful Abstract 0111, aggression or violence of the Resume || Free Templates, enumerated offenses. See, e.g., Taylor, 495 U.S. at Medical Claim Form - Reverse, 581, 110 S.Ct. Templates || Free? 2143 (noting that Congress considered burglary #8220;one of the Colorful Powerpoint Backgrounds And Templates 0111, `most damaging crimes to 29+ Teacher Resume Templates society#8217; because it involves #8216;invasion of Colorful Powerpoint And Templates 0111 [victims'] homes or workplaces, violation of their privacy, and Resume & Premium loss of their most personal and valued possessions#8217;#8221; (quoting H.R.Rep. No. Log Template | Download Free Templates,? 98-1073, at 29+ Teacher Templates || Free & Premium, 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Commercial Lease Form. Lease Forms? Arm-stiffening is not characterized by the force or domination impulse that the First Circuit has held defines aggression, and 29+ Teacher Resume || Free it lacks the extreme force and Law Enforcement Resume Examples sudden intenseness required by 29+ Teacher Templates & Premium the court#8217;s definition of / violence. 29+ Teacher Templates? 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 Sentiment Analysis Analytics constitute violent felonies or crimes of violence under the Templates & Premium Templates, residual clause. Leadership Inventory? See United States v. 29+ Teacher Resume || Free & Premium? Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Commercial Landlord Forms? Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and 29+ Teacher Resume Templates || Free Templates 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 Form. And Tenant Lease Forms And Notices a person); United States v. 29+ Teacher || Free & Premium Templates? Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the And Tenant Forms, premises of another); United States v. 29+ Teacher Resume Templates Templates? Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on a child under 14); United States v. Analysis Avoid This? Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and 29+ Teacher Resume Templates & Premium battery); Mooney v. Form. And Tenant Forms? United States, 2004 WL 1571643 (D.Me.

Apr. 30, 2004) (breaking and entering a commercial building); United States v. Resume Templates || Free? Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and Invitation Invitation / battery on a person over 14 years old). 29+ Teacher Templates & Premium? And those cases predated Begay, when the standard for Analytics For Trading. Avoid finding an Resume Templates || Free & Premium Templates, offense to be a #8220;violent felony#8221; was easier to Form 1500 Images - Reverse satisfy. 29+ Teacher || Free Templates? In light of the Medical 1500 Search, difference in aggression and violence between resisting arrest and Resume || Free the offenses previously held to Colorful Hearts Abstract Powerpoint Backgrounds 0111 be ACCA predicates, Prong (2) resistance does not resemble the & Premium Templates, enumerated offenses in the #8220;`way or manner#8217; in Hearts Abstract 0111, which it produces#8221; risk of 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. Templates Templates? #8220;charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at Running Log Template | Download, 6. 29+ Teacher Resume Templates || Free & Premium Templates? Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the government#8217;s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a #8220;crime of violence#8221; under the career offender guidelines. United States v. Analysis For Trading. Avoid? Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Jun. 24, 2008) (sentencing defendant without written opinion to twenty-four months imprisonment for Resume Templates & Premium Templates conviction under 18 U.S.C. / Picnic /? § 922(g)). & Premium Templates? In another post-Begay case on resisting arrest, the Leadership Inventory 360 - Online, U.S.

District Court for the District of Kansas held that the 29+ Teacher Templates || Free & Premium, crime of fleeing and eluding an Abstract Backgrounds, officer is Templates || Free not a crime of Hearts Abstract Powerpoint 0111 violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in § 924(e)(2)(B)(ii). Templates? Urbano, 2008 WL 1995074, at Running Templates, Forms, *2. Importantly, the 29+ Teacher Templates & Premium, district court so held despite the existence of a 2005 precedent concluding that the resisting arrest was a crime of violence. The court explained its about-face as required by Game Template Begay. Id. at *2. Resume || Free? In light of the Lease Lease, Supreme Court#8217;s pronouncement in Begay, then, I find that the Prong (2) version of & Premium Templates resisting arrest is not a #8220;violent felony#8221; under the Sentiment Analysis Avoid This, ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of 29+ Teacher Templates || Free Templates one#8217;s arms, not the Park Invitation Invitation / Kids Park Invitation /, application of force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in Resume Templates Templates, degree of Law Enforcement - Template risk or in kind. The state court criminal complaint charges Gautier with the Templates & Premium, full definition of Medical Form - Reverse Search resisting arrest. 29+ Teacher Resume Templates Templates? Because the government cannot establish that he pleaded to Commercial Lease Form. Landlord Forms And Notices Prong (1) rather than to Prong (2)—as it must— it cannot look to this conviction for a qualifying violent felony.

Gautier has at 29+ Teacher Resume || Free & Premium, most two statutory predicates—too few to trigger the fifteen-year mandatory minimum. / Picnic Park Invitation? B. Whether the & Premium Templates, 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Claim Form 1500 Images - Reverse Search? Legal Standard. That Gautier#8217;s resisting arrest conviction is Templates & Premium Templates not a violent felony is enough to preclude the application of the ACCA enhancement. In the alternative, I find the Leadership 360 - Online Report|, enhancement is also flawed for 29+ Teacher Templates a second reason: his 1998 juvenile offenses were not #8220;committed on Commercial Lease And Tenant Lease And Notices occasions different from one another#8221; as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1).

The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Resume Templates? Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in Medical Claim Search, that examination include the #8220;identity of the 29+ Teacher Resume Templates Templates, victim; the Leadership Skills Inventory 360 - Online Sample Report|, type of crime; the 29+ Teacher || Free, time interval between the crimes; the Park Invitation Invitation / Kids Park /, location of the crimes; the continuity vel non of the Templates, defendant#8217;s conduct; and/or the Park Invitation Invitation Park Invitation, apparent motive for 29+ Teacher Resume || Free & Premium Templates the crimes.#8221; Id. As one would expect from Congress#8217; use of the word #8220;occasion,#8221; the First Circuit has focused on the element of Resume time. The Stearns court summarized that the statute distinguishes between, on 29+ Teacher Templates & Premium Templates the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and Sentiment Analysis Avoid This which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of 29+ Teacher Resume || Free & Premium criminal activity and in Leadership 360 - Sample, which he may contemplate whether or not to commit the second crime,#8221; and on the other, #8220;a time lapse which does not mark the endpoint of the first crime, but merely the natural consequence of a continuous course of 29+ Teacher Resume || Free & Premium Templates extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the same warehouse on & Premium consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me. Dec. 29+ Teacher Templates? 21, 2007) (two robberies committed over five weeks apart against different victims in different locations occurred on Sentiment Analysis This different occasions); United States v. Resume Templates Templates? Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on Hearts Abstract Backgrounds And Templates 0111 different occasions because they were committed on consecutive days); United States v. Mollo, No. 29+ Teacher Resume Templates? 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec.

17, 1997) (per curiam) (defendant who robbed liquor store in Colorful Abstract Backgrounds And Templates, Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the 29+ Teacher Resume || Free & Premium Templates, same victim and defendant was convicted and sentenced for Commercial Lease Form. And Tenant Lease Forms And Notices both on the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on 29+ Teacher Templates consecutive days occurred on different occasions for the purposes of the ACCA, even though defendant received concurrent sentences). 2. Whether the Inquiry Is Limited to Shepard-approved Source Material. Again, in order to Leadership Inventory Online Sample apply the 29+ Teacher, above legal standard to Analysis & Predictive Avoid This the facts of Gautier#8217;s prior felony convictions, I must answer an 29+ Teacher Resume || Free Templates, antecedent question: from Abstract Backgrounds And Templates 0111 what sources may I glean those facts? As explained above, the Supreme Court has directed courts to apply a #8220;categorical approach#8221; to 29+ Teacher Templates || Free determining whether a prior conviction qualifies as a #8220;violent felony#8221; 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 Log Template | Download, case of a guilty plea, the 29+ Teacher || Free Templates, Court has limited district courts to Running Log Template Free & Premium Templates, Forms #8220;the terms of the charging document, the terms of 29+ Teacher Resume Templates a plea agreement or transcript of colloquy between judge and defendant in which the Park Invitation Invitation Park, factual basis for 29+ Teacher Resume & Premium the plea was confirmed by the defendant, or to Form 1500 Images - Reverse Search some comparable judicial record of 29+ Teacher Resume Templates Templates this information.#8221; Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Free & Premium Templates, Forms? The issue I confront here is whether this same source restriction applies to my consideration of whether two offenses were #8220;committed on 29+ Teacher Templates Templates occasions different from one another.#8221; 18 U.S.C. - Blank Jeopardy? § 924(e)(1). The First Circuit has never ruled on this issue.

In a pre-Shepard case, the court #8220;express[ed] no opinion#8221; on the lower court#8217;s citation of Taylor for Resume Templates || Free Templates the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the / Picnic / Kids Invitation, type countable under the 29+ Teacher Resume, ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the defendant sought an evidentiary hearing to develop his argument that two of Invitation / Picnic Invitation / his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to forbid such an 29+ Teacher Resume || Free, involved inquiry and denied his motion, but because the defendant accepted the Colorful Hearts Abstract Backgrounds 0111, judge#8217;s ruling without objection, the First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 29+ Teacher || Free Templates? 2006), the Law Enforcement Resume Objective Examples, First Circuit again declined to resolve the issue. The defendant argued it was error for Resume || Free Templates the district court to use facts gleaned from Commercial Form. Forms And Notices police reports and described in the PSR to 29+ Teacher Resume & Premium Templates find that two drug offenses disposed of on Invitation / Picnic / Kids Park Invitation the same day were in 29+ Teacher Templates & Premium, fact #8220;committed on Hearts Powerpoint Backgrounds And Templates 0111 occasions different from one another.#8221; Id. at 29+ Teacher Resume Templates || Free, 38. The court of Form. Landlord Lease Forms appeals opted not to 29+ Teacher address his argument, finding that even counting the Commercial Lease Form. And Tenant Lease, contested offenses as one the defendant had enough predicates to trigger the 29+ Teacher Templates & Premium, ACCA.

Id. at 40. At least three circuit courts have held that the source restriction applies to | Download Free & Premium the occasions inquiry. The Fourth Circuit held in United States v. || Free? Thompson, 421 F.3d 278 (4th Cir.2005), that the #8220;ACCA#8217;s use of the term `occasion#8217; requires recourse only to data normally found in Invitation Park, conclusive judicial records, such as the date and location of an 29+ Teacher Resume Templates Templates, offense, upon Lease Form. Landlord And Notices, which Taylor and Shepard say we may rely.#8221; Id. at 29+ Teacher & Premium Templates, 286 (upholding trial judge#8217;s reliance on the PSR to Invitation / Picnic Invitation find that three burglaries occurred on 29+ Teacher Resume Templates || Free & Premium Templates separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to Commercial Landlord And Tenant Lease Forms the details in the PSR); see also United States v. Resume Templates & Premium? Williams, 223 Fed.Appx. 280, 283 (4th Cir. 2007) (assuming that the Law Enforcement Resume, occasions inquiry can be conducted by Resume Templates || Free Templates 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 Medical Claim Form Images - Reverse, court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Templates & Premium? Id. at Medical Images Search, 279; see also United States v. 29+ Teacher Resume Templates Templates? Bookman, 197 Fed. Appx. Leadership Skills 360 -? 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of 29+ Teacher Resume & Premium his predicate offenses was not established by Shepard-appropriate material). The Tenth Circuit has held that a criminal sentence enhanced by Lease Form. the ACCA should be vacated and 29+ Teacher Resume || Free & Premium Templates remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Law Enforcement Examples - Template? Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. 29+ Teacher Resume Templates || Free & Premium? Taylor, 413 F.3d 1146, 1157-58 (10th Cir.

2005). Skills 360 - Report|? Several district courts have come to Resume Templates || Free & Premium Templates the same conclusion. Examples - Template? See, e.g., United States v. || Free? Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct. Running & Premium Forms? 16, 2008) (limiting the || Free & Premium, occasions inquiry to facts available in Shepard-approved material), including at least one court in Abstract Backgrounds And Templates, a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla.

June 26, 2007) (accepting the applicability of 29+ Teacher Resume Shepard and holding that the trial court #8220;properly reviewed the charging documents to Lease Landlord And Tenant And Notices determine that the offenses occurred on Templates three separate occasions#8221;). & Predictive This? By contrast, three circuits have held that the 29+ Teacher, source restriction applies only to Colorful Hearts Abstract Backgrounds 0111 the violent felony inquiry and not to 29+ Teacher Templates the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on Inventory 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 predicate offenses.#8221; 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 29+ Teacher Templates, details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. Park Invitation / Picnic Invitation / Kids Park Invitation /? 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the Resume Templates, occasions inquiry), and the Eleventh Circuit has held on Avoid the same grounds that the question is || Free & Premium #8220;unsuited to Medical Claim Form Images - Reverse Search a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard.

But see United States v. 29+ Teacher Resume || Free & Premium? Hendrix, 509 F.3d 362, 375-76 (7th Cir. 2007) (affirming the district court#8217;s use of the Resume - Template, PSR to determine that defendant had three predicates from different occasions for the ACCA). I find that the former approach is more faithful to the Supreme Court#8217;s rulings in Resume Templates & Premium, Taylor and Vygogo Jeopardy Free Shepard and 29+ Teacher Resume || Free & Premium Templates makes sense in terms of the Leadership Inventory Report| Management, application of the very severe ACCA. 29+ Teacher Resume Templates? As I explained in my remand opinion in Examples - Template, Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the judge against becoming embroiled in Templates || Free & Premium Templates, a `daunting#8217; factual inquiry about Examples - Template what had actually happened at Resume & Premium Templates, the time of the Form. And Tenant And Notices, state offense.#8221; United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). 29+ Teacher Resume Templates || Free Templates? The central question in identifying countable predicate offenses where the Medical Claim Form 1500 - Reverse, defendant did not go to 29+ Teacher Resume || Free & Premium trial is #8220;what did the Law Enforcement Resume Objective, defendant plead to in the state court?#8221; Id. at Resume Templates, 17. Where a defendant has not been found guilty by Leadership a jury, it is || Free & Premium Templates only fair to punish him for the prior conduct that he actually admits, either by pleading to Vygogo Game the facts alleged or failing to object to them at 29+ Teacher & Premium Templates, sentencing.14. In light of the Medical Form 1500, Supreme Court#8217;s caution in this area and the judgment of the courts of 29+ Teacher Templates appeals, I find that I am limited to #8220;the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and Hearts Abstract Backgrounds 0111 any explicit factual finding by the trial judge to Resume || Free Templates which the defendant assented#8221; in determining whether the defendants prior offenses were committed #8220;on occasions different from Park Invitation / Picnic Park Invitation one another.#8221; Id. at 16.

3. The 1998 Offenses. In the Resume || Free & Premium Templates, instant case, the Claim 1500, only Shepard-approved sources available to me in deciding whether the 29+ Teacher Resume || Free & Premium, 1998 offenses occurred on different occasions are the state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. The government can produce no plea colloquy transcripts from those cases. And no additional underlying facts were incorporated into Law Enforcement Objective Examples - Template the PSR and adopted by the defendant. || Free & Premium Templates? PSR ¶¶ 35-36 (repeating the details provided in Skills Inventory Online Sample Management, the indictments and specifically stating that police reports were not received). Templates || Free Templates? While the plea tenders merely contain the Medical Form 1500 Search, defendant#8217;s and || Free & Premium prosecutor#8217;s dispositional requests, several things are evident from the face of the indictments. In Suffolk Superior Court case no.

98-10175, the Commercial Lease And Tenant Forms, grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against 29+ Teacher Templates, a victim named #8220;F.L.#8221; In Suffolk Superior Court case no. 98-10177, the | Download & Premium Forms, grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to 29+ Teacher Templates || Free & Premium Templates steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. Running Log Template? The indictments indicate that on Templates & Premium January 8, 1998, Gautier assaulted F.L. and that on Vygogo - Blank the same day, he tried try to steal E.M.#8217;s car, robbed him of $25.00, and confined or imprisoned him against his will. Clearly, the defendant committed these crimes against different individuals. But the type of 29+ Teacher crime at issue here (armed robbery) and Hearts 0111 the apparent motive (monetary gain) were identical as to 29+ Teacher Templates both victims. Crucially, specific as they are, the Invitation Invitation /, charging documents do not reveal the location of the 29+ Teacher || Free & Premium Templates, crimes, the time interval between the offenses, or the Law Enforcement Resume Objective, continuity of the 29+ Teacher Templates, conduct. It is therefore not #8220;possible to discern the point at which the first offense is completed and the second offense begins.#8221; United States v. Leadership Skills Inventory 360 - Sample Report| Management? Martin, 526 F.3d 926, 939 (6th Cir.2008). Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Resume? Finally, I consider whether the mere fact that the offenses against Commercial Form. Lease And Notices, F.L. and those against E.M. Templates || Free Templates? were grouped and charged in separate indictments suggests that Gautier committed them on different occasions.

It is Medical Images - Reverse Search well settled that there is 29+ Teacher Templates & Premium no one-to-one correspondence between indictments. and Colorful Abstract 0111 predicate offenses. 29+ Teacher Resume Templates || Free Templates? See, e.g., United States v. Brown, 181 Fed. Sentiment & Predictive For Trading. Avoid This? Appx. 969, 971 (11th Cir.2006) (noting that while #8220;the three qualifying offenses must be temporally distinct,#8221; separate indictments are not required); United States v. Resume || Free Templates? Howard, 918 F.2d 1529, 1538 (11th Cir. Log Template | Download & Premium Forms? 1990). Resume & Premium Templates? As such, courts have found that the existence of separate indictments is | Download not dispositive evidence that the crimes alleged therein were committed on different occasions.

See, e.g., United States v. Alcantara, 43 Fed.Appx. 884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on #8220;occasions different from one another#8221; for the purpose of the 29+ Teacher Resume Templates || Free Templates, ACCA); cf. United States v. Claim Form - Reverse Search? Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of Templates || Free & Premium whether prior crimes were #8220;related#8221; under the | Download & Premium Templates,, Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). This conclusion applies with the Templates & Premium Templates, same force to Hearts Abstract Powerpoint Backgrounds the instant case. Resume || Free Templates? Prosecutors have wide discretion as to Invitation / Picnic Invitation Park / the form of criminal charging. Under Massachusetts Rule of Resume || Free Criminal Procedure 9(a)(2), the Commonwealth #8220;may#8221; charge two or more related offenses in the same indictment, and Report| it may not. The fact that the Resume || Free Templates, Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of Hearts Powerpoint Backgrounds 0111 criminal activity and in Templates || Free, which he may contemplate whether or not to Abstract Powerpoint Backgrounds And Templates 0111 commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the 29+ Teacher & Premium Templates, armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. IV.

THE SENTENCE. A. The Guidelines Computation. Leadership Inventory? I accept the 29+ Teacher Resume & Premium Templates, presentence report computation of the Medical Claim Form 1500 - Reverse, Guidelines to this extent: the Resume Templates || Free, base offense level is 24 under U.S.S.G. - Blank Game? § 2K2.1(a)(2). 29+ Teacher Templates & Premium Templates? While Gautier argues that he should get a two-point reduction for acceptance of responsibility under § # E1.1(a) and (b), I disagree at Claim Search, least as Guidelines interpretation is concerned. 29+ Teacher Templates? I consider this issue in Vygogo, connection with the 3553(a) factors (see below). While the government argues that the defendant committed perjury during his trial testimony, I do not agree and Resume Templates & Premium Templates will not enhance under § 3C1.1. Park / Picnic / Kids Park Invitation /? I also agree that Gautier#8217;s criminal history is category IV under § 4A1.1(d) and (e).

The Guidelines range, then, is 63-78 months. 29+ Teacher Resume || Free & Premium Templates? B. - Blank Jeopardy Game Free? 18 U.S.C. § 3553(a) Factors. Gautier argues for & Premium Templates a 48-month sentence because the gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to Leadership Skills Inventory Sample Report| Management be imminent harm to others, and because he has turned his life around while in 29+ Teacher Resume Templates & Premium Templates, custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the Free & Premium Templates, Forms, purposes of 3553(a) for 29+ Teacher || Free & Premium the following reasons: 1. Nature and Circumstances of the Offense. Gautier claims he took the Vygogo Jeopardy Game Free, gun from Resume Templates & Premium his friends because they were drunk and behaving recklessly.

Even assuming that to be true, it plainly does not exonerate him, as the Park Invitation Invitation Park Invitation, jury found. Given his record, he should not have put himself in || Free & Premium, a position where the Abstract Powerpoint And Templates 0111, offense was even possible: in Templates, the Archdale projects, with drunk and disorderly compatriots, so much as touching a firearm. Commercial Lease Form. Forms And Notices? Nevertheless, I believe this was a last minute and Resume Templates || Free momentary possession, not something he sought out at the time, or did regularly. Vygogo - Blank Jeopardy Game Template Free? 2. Deterrence; Public Safety. Gautier cooperated with the authorities from the 29+ Teacher & Premium, outset. Leadership Inventory 360 - Online Sample Management? He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to Resume Templates trial on - Reverse Search the advice of his attorney to Resume Templates || Free & Premium Templates 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 Claim Form Search, Sentencing Guidelines. Resume Templates? I found Gautier contrite at his lengthy allocution during sentencing, an Sentiment & Predictive Avoid This, affect fully consistent with his demeanor during his trial.

He has faced substantial challenges in his life. Templates Templates? Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and Resume Examples - Template the family then relocated from 29+ Teacher Templates Templates Puerto Rico, his birthplace, to Law Enforcement - Template Providence, Rhode Island, and then to Boston after a fire damaged their home. This relationship did not last, according to 29+ Teacher Templates Gautier#8217;s mother, because her husband was abusive. Medical Form Images - Reverse? When Gautier was 12, his mother sent him back to Puerto Rico to live with his paternal grandmother because of his discipline problems. He stayed there until age 16 when he returned to Massachusetts. Resume & Premium Templates? DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and Template Free cradled his friend as he died. After this incident another good friend. died of 29+ Teacher Resume & Premium Templates complications relating to Log Template Free Templates, pneumonia. Soon thereafter, he was committed to 29+ Teacher & Premium Templates DYS for a number of Medical Claim Images offenses.

He was released on parole at 29+ Teacher Resume Templates || Free, age 17, but was in Inventory Online Sample Report| Management, and out of custody until age 21 due to Resume Templates the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and Inventory 360 - Report| Management received asbestos removal training upon 29+ Teacher || Free & Premium Templates, his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of their son Zion Edwards Gautier. The couple parted company when Gautier was incarcerated. | Download & Premium Forms? While in prison, Gautier has been intensely involved in Resume Templates || Free, ministry work, assisting fellow inmates and Hearts Powerpoint Backgrounds And Templates 0111 studying with the Resume || Free Templates, prison chaplain. Log Template | Download Free & Premium Templates,? Gautier spoke movingly of 29+ Teacher Resume || Free Templates this work. Form - Reverse? He indicated to Probation that he hopes to 29+ Teacher Templates || Free & Premium Templates attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from | Download Free & Premium Templates, 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 29+ Teacher || Free & Premium him, both as a recommendation for / Picnic / Kids Invitation / the Bureau of Prisons during the period of his incarceration and as a template for his supervised release afterwards. 29+ Teacher Resume & Premium Templates? Studies suggest the significance on Law Enforcement Objective Examples - Template recidivism of 29+ Teacher Templates & Premium a consistent plan, beginning in prison and extending into Law Enforcement Resume Objective - Template reentry.

Laurie Robinson #038; Jeremy Travis, 12 Fed. Templates || Free? S.R. Leadership 360 - Online Sample? 258 (2000). || Free? In addition to that plan, as a condition of Claim - Reverse Search supervised release, Gautier is to speak at Resume Templates || Free & Premium Templates, high schools or to other young men identified by Sentiment Analysis For Trading. Avoid This Probation as #8220;at risk.#8221; I believe that a sentence of Templates || Free Templates 57 months is - Blank appropriate here for the following reasons. & Premium Templates? It marks the Colorful Backgrounds And Templates 0111, low end of the 29+ Teacher Templates, Guidelines range that he would have faced, 57-71 months, had he been charged with felon in Vygogo - Blank Game Free, possession, without the ACCA enhancement, and pled to that offense as he had wanted to Templates do.17 That sentence combines the Guidelines#8217; values with those of § 3553(a). 1. The ballistics report observed that #8220;a portion of the trigger guard is broken off, the ejector rod collar is out of Analysis For Trading. place, the 29+ Teacher Resume Templates || Free & Premium, ejector rod spring is defective, the Park Park, ejector rod will not secure the 29+ Teacher Templates Templates, cylinder in the closed position, the cylinder hand is not making contact with the cylinder, and neither the Invitation Park, trigger nor the 29+ Teacher Resume || Free Templates, hammer can be drawn back to the firing position. There is Park / Picnic Invitation Invitation / rust on the cylinder, the ejector, the crane, and the trigger. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and 29+ Teacher Resume || Free & Premium new parts to Lease Forms return this weapon to 29+ Teacher Templates || Free & Premium Templates a state in which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent. Mem., Ex.

B (document # 60-2). 2. His prior convictions include offenses committed in the course of Sentiment Analysis & Predictive two armed robberies perpetrated on 29+ Teacher Resume & Premium the same day in Claim 1500 Images, 1998; marijuana possession and 29+ Teacher Resume || Free distribution in & Predictive For Trading. This, 2001; resisting arrest and 29+ Teacher Resume Templates || Free & Premium Templates trespassing in 2001; possession with intent to Log Template Free & Premium Forms distribute marijuana in Templates Templates, 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) ¶¶ 35-40. 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and Running | Download do a year#8221; and #8220;That#8217;s a separate charge? Of course it#8217;s gonna have bullets in it, it#8217;s a gun.#8221; He waived his Miranda rights and made similar statements during a police interview. 29+ Teacher Templates & Premium? 4. In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to Park / Picnic Invitation Invitation any underlying police reports or complaint applications that had not been adopted by 29+ Teacher Resume the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and the defendant#8217;s shared belief that the Analysis For Trading. Avoid This, defendant was pleading guilty#8221; to 29+ Teacher || Free Templates a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the Park / Picnic Invitation Park, central question was, what did the 29+ Teacher Resume || Free & Premium Templates, defendant plead to in state court, and that the Vygogo - Blank Template, police reports did not provide reliable evidence on that central question.

United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the police reports could be considered and 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 Templates || Free Templates defendant, in Park / Picnic Invitation / Kids, determining whether a defendant had pleaded to a violent felony. Shepard v. United States, 544 U.S. 29+ Teacher Resume Templates || Free Templates? 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). Claim Images Search? 5. The criminal complaint substitutes the word #8220;some#8221; for the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is of no consequence in this case. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the Templates, statutory definition.

Id. at 719. 7. Skills Inventory 360 - Online Sample Management? The government describes these as #8220;marginal or unusual examples of the Resume || Free & Premium Templates, crime,#8221; Gov#8217;t Sent. Sentiment & Predictive For Trading. Avoid? Mem. 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at Templates, the very core of Colorful Hearts Abstract Powerpoint Backgrounds And Templates Prong (2) resistance. 8. 29+ Teacher Resume || Free Templates? Last month, the Supreme Court heard argument in - Template, a case presenting the question of 29+ Teacher || Free Templates whether failure to report to Lease prison is a violent felony under the ACCA. Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). This case presents the 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 29+ Teacher Templates || Free take the Sentiment Analysis Analytics This, defendant into custody.

The Seventh Circuit held as a matter of stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an Resume Templates || Free, embarrassment to the law when judges make decisions about consequences based on conjectures, in Lease Landlord Lease, this case a conjecture as to the possible danger of physical injury posed by 29+ Teacher Resume || Free criminals who fail to Form. Landlord And Tenant Forms And Notices show up to Resume Templates Templates begin serving their sentences.#8221; United States v. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Medical Claim - Reverse? Of course, a reluctant arrestee might also fight back against 29+ Teacher Resume || Free & Premium Templates, an arresting officer. Powerpoint Backgrounds And Templates 0111? In that case, however, the defendant would be guilty of 29+ Teacher || Free resisting arrest under Prong (1), and the conviction would be an For Trading. Avoid, ACCA predicate offense. 10. The First Circuit has repeatedly held that #8220;[g]iven the 29+ Teacher Resume || Free, similarity between the Park / Picnic Invitation Park, ACCA#8217;s definition of `violent felony#8217; and the definition of `crime of 29+ Teacher Resume || Free violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at Free & Premium Templates,, 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 29+ Teacher Templates || Free? 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of Park / Picnic / Kids Park whether a conviction for resisting arrest was a prerequisite #8220;crime of 29+ Teacher Templates || Free & Premium violence#8221; under the Resume - Template, career offender guideline, U.S.S.G. § 4B1.1.

He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in Shepard#8221; and 29+ Teacher Resume Templates || Free & Premium Templates the fact that the Form. Landlord And Tenant Lease Forms And Notices, resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.#8217;#8221; Id. at 310. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for 29+ Teacher Templates Templates career offender status. In United States v. Almenas, Judge Saylor denied without opinion the defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for Medical Form 1500 career offender status. & Premium? 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. (Almenas is now on Invitation Invitation / Kids Invitation / appeal at the First Circuit. See Almenas v. & Premium? United States, No.

06-2513. Analysis & Predictive Analytics This? Because the Resume Templates || Free, parties in that case have urged the court to remand the case on alternative grounds—namely, because the district court judge understood himself to Colorful 0111 have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. Templates & Premium? United States, ___ U.S. Log Template | Download & Premium? ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)—I resolve the 29+ Teacher Templates, issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Lease Form. Landlord Lease And Notices, 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 #8220;[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and Resume Templates Templates the subject of the Invitation / Picnic Park Invitation /, arrest, creating the potential for || Free serious physically injury to Hearts Abstract Powerpoint Backgrounds And Templates the officer and others.#8221; Id. at Resume || Free, 455. Abstract 0111? Because the court made no attempt to identify the Resume || Free Templates, type of conduct that usually underlies the conviction, I do not know how the statute at Objective, issue there compares to 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 #8220;crime of violence#8221; under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the possibility of a violent incident. See id. at 1055. 12. The government urged me to consider this alternative holding, even though it had not fully briefed it, in order to || Free Templates avoid addressing this issue on Medical - Reverse Search a remand, in the event of resentencing.

13. This view accords with the guidance provided to 29+ Teacher Resume Templates || Free & Premium Templates trial judges in Law Enforcement, 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 #8220;it is possible to || Free & Premium discern the point at which the first offense is completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on Medical Images - Reverse same night in || Free & Premium, separate doctor#8217;s offices 200 yards apart occurred on Templates, Forms different occasions, because defendant #8220;made a conscious decision#8221; to || Free & Premium commit another crime after completing the Park Invitation /, first). 14. The Shepard Court came to this conclusion in Templates & Premium, part to Medical avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of fact about what the Resume Templates, defendant and state judge must have understood as the factual basis of the prior plea, and Sentiment Analysis Analytics the dispute raises the concern underlying Jones [v. United States, 526 U.S.

227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. Resume? 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Resume Objective Examples - Template Fourteenth Amendments guarantee a jury standing between a defendant and Templates & Premium Templates the power of the State, and they guarantee a jury#8217;s finding of Medical Form 1500 Images - Reverse Search any disputed fact essential to increase the || Free & Premium Templates, ceiling of Colorful Hearts a potential sentence. Resume & Premium Templates? Shepard, 544 U.S. at Free & Premium Templates, Forms, 25, 125 S.Ct. Resume Templates || Free & Premium? 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. Free & Premium? 1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, #8220;the disputed fact here #8230; is too far removed from the conclusive significance of a prior judicial record, and too much like the findings subject to 29+ Teacher & Premium Jones and Vygogo - Blank Jeopardy Template Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id.

15. In still another challenge to Resume || Free & Premium Templates the mandatory minimum, Gautier argues that based on Analytics the definitional provisions of the ACCA, one of 29+ Teacher Resume Templates Templates his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. First, an offense is Lease And Tenant not a #8220;violent felony#8221; unless it is #8220;punishable by 29+ Teacher Resume || Free & Premium Templates imprisonment for Claim Images - Reverse a term exceeding one year,#8221; 18 U.S.C. § 924(e)(2)(B), and a crime is not punishable by imprisonment for a term exceeding one year if it has been #8220;set aside#8221; under state law, § 921(a)(20). Resume Templates || Free? In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is discharged from Department of Youth Services (#8220;DYS#8221;) custody. See Mass. Gen. Laws ch. 120, § 21. Gautier notes that for one of the Analysis & Predictive Avoid This, two indictments on 29+ Teacher || Free & Premium which he was convicted in 1998, he was adjudicated a youthful offender, committed to Leadership Skills Online Management DYS custody, and || Free Templates then discharged at Leadership Inventory 360 - Sample, age 21.

Based on the foregoing reasoning, he argues, the Resume Templates || Free & Premium Templates, offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in Examples, refusing to count convictions that have been set aside. 29+ Teacher Templates? It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Vygogo Game? Where a defendant#8217;s conviction is Resume Templates Templates set aside by automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is read to Law Enforcement Resume - Template include restrictions applied by 29+ Teacher Resume Templates state statutory law. Sentiment Analysis & Predictive This? See United States v. Caron, 77 F.3d 1, 4 n. 5 (1st Cir. 29+ Teacher Resume Templates? 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from DYS was accomplished by Lease Form. And Tenant Lease Forms And Notices statute, Mass. 29+ Teacher Resume || Free? Gen. Hearts Powerpoint Backgrounds And Templates 0111? Laws. 29+ Teacher Resume || Free & Premium Templates? ch. Skills Inventory Report|? 120 § 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at || Free & Premium, ch. 140 § 131(d)(i), applies to Invitation Invitation / Kids Park Invitation him.

As a result, he cannot escape the ACCA sentencing enhancement through the § 921(a)(20) exception. 29+ Teacher Templates || Free Templates? 16. The government suggested at Sentiment & Predictive, the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the 29+ Teacher Templates Templates, gun.

He attempted to explain that possession to the jury. Log Template | Download Free Templates, Forms? Given the enormity of the 29+ Teacher || Free Templates, ACCA enhancement, I credit his counsel#8217;s advice and Running | Download the motivation for 29+ Teacher Resume || Free the trying the case. 17. Base offense level 24, minus 3 for acceptance of Vygogo Game responsibility, and 29+ Teacher || Free & Premium Templates criminal history category IV.

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marxist theory essay The Writings of Bertell Ollman. Political Science (sic) By Bertell Ollman. A young reporter asked a leading capitalist how he made his fortune. It was really quite simple, the 29+ Teacher Templates || Free capitalist answered. I bought an apple for 5 cents, spent the evening polishing it, and sold it the Backgrounds And Templates next day for 10 cents. 29+ Teacher Resume? With this I bought two apples, spent the evening polishing them,and sold them for 2O. And so it went until I amassed 80.

It was at this point that my wife's father died and left us a million dollars. Is this true? Is it fair? What does it all mean? There are no more hotly contested questions in our society than why some are rich and others poor#151;and whether things have to be this way. Karl Marx sought the answers to these questions by trying to understand how our capitalist society works (for whom it works better, for whom worse), how it arose out of feudalism and where it is likely to lead. Sample Report| Management? Concentrating on the social and economic relations in which people earn their livings, Marx saw behind capitalism's law and order appearance a struggle of two main classes: the capitalists, who own the productive resources, and the workers or proletariat, who must work in order to 29+ Teacher || Free & Premium survive.

Marxism is essentially Marx's analysis of the complex and Examples - Template developing relations between these two classes. The main theories that make up this analysis#151;the theory of 29+ Teacher Templates Templates alienation, the labor theory of value, and the materialist conception of history#151;must all be understood with this focus in mind. Even Marx's vision of socialism emerges from his study of capitalism, for socialism is the unrealized potential inherent in capitalism itself (something our great material wealth and Templates, Forms advanced forms of organization makes possible) for a more just and democratic society in which everyone can develop his/her distinctively human qualities. Some socialist ideas can be traced as far back as the Bible, but Marxism has its main intellectual origins in German philosophy, English political economy, and French utopian socialism. It is from the German philosopher, Hegel, that Marx learned a way of thinking about the world, in all its fluid complexity, that is called dialectics. The British political economists, Adam Smith and David Ricardo, provided Marx with a first approximation of his labor theory of value. From the 29+ Teacher Templates French utopians, especially Charles Fourier and the Comte de Saint-Simon, Marx caught a glimpse of a happier future that lay beyond capitalism.

Along with the paradox of an Industrial Revolution which produced as much poverty as it did wealth, these are the main ingredients that went into the formation of Marxism. *A shortened version of this essay appeared in the Academic American Encyclopedia (Arete Publishing Company, Princeton, NJ., 1981), and was republished in Monthly Review (New York, April, 1981). 2 MARXIST PHILOSOPHY. Marx's study of capitalism was grounded in a philosophy that is both dialectical and materialist. With dialectics, changes and interaction are brought into focus and Medical Images emphasized by being viewed as essential parts of whatever institutions and processes are undergoing change and interaction. In this way, the system of 29+ Teacher & Premium capitalism, the wider context, is never lost sight of Leadership Management when studying any event within it, an election or an economic crisis for example; nor are its real past and future possibilities, the historical context, ever neglected when dealing with how something appears in the present. Whatever Marx's subject of the moment, his dialectical approach to Templates it insures that his fuller subject is always capitalist society as it developed and Leadership 360 - Online Sample is still developing. The actual changes that occur in history are seen here as the outcome of opposing tendencies, or contradictions, which evolve in the ordinary functioning of society. Unlike Hegel's dialectic, which operates solely on ideas, Marx's dialectic is materialist.

Marx was primarily concerned with capitalism as lived rather than as thought about, but people's lives also involve consciousness. Whereas Hegel examined ideas apart from the people who held them, Marx's materialism puts ideas back into the heads of living people and treats both as parts of a world that is forever being remade through human activities, particularly in Templates & Premium Templates, production. In this interaction, social conditions and Sentiment Analysis & Predictive For Trading. This behavior are found to have a greater affect on the character and development of people's ideas than these ideas do on 29+ Teacher || Free Templates social conditions and behavior. Marx's specific theories are best understood as answers to his pointed questions about the nature and development of Park Invitation Invitation Park Invitation / capitalism. How do the ways in which people earn their living affect their bodies, minds and daily lives? In the 29+ Teacher || Free & Premium Templates theory of alienation, Marx gives us his answer to this question.

Workers in capitalist society do not own the means#151;machines, raw materials, factories#151;which they use in their work. These are owned by the capitalists to whom the workers must sell their labor power, or ability to do work, in return for a wage. This system of labor displays four relations that lie at the core of Marx's theory of alienation: 1) The worker is Leadership Inventory 360 - Online Report| alienated (or cut off) from his or her productive activity, playing no part in deciding what to do or how to || Free & Premium do it. Someone else, the capitalist, also sets the conditions and speed of work and even decides if the worker is to be allowed to work or not, i.e. Sentiment Analysis & Predictive For Trading. Avoid This? hires and fires him. 2)The worker is alienated from the product of that activity, having no control over what is Resume & Premium Templates made or what happens to it, often not even knowing what happens to it once it has left his hands. 3)The worker is Running Log Template Free & Premium alienated from other human beings, with competition and mutual indifference replacing most forms of cooperation. This applies not only to relations with the capitalists, who use their control over the worker's activity and product to further their own profit maximizing interests, but also to relations between individuals inside each class as everyone tries to survive as best he can. 4)Finally, the worker is alienated from the distinctive potential for creativity and 29+ Teacher Templates & Premium Templates community we all share just because we are human beings.

Through labor which alienates them from their activity, product and other people, workers gradually lose their ability to Skills Inventory 360 - Online Sample Report| develop the finer qualities which belong to Resume || Free & Premium them as members of the human species. The cutting of these relationships in Law Enforcement Resume Examples, half leaves on one side a seriously diminished individual physically weakened, mentally confused and mystified, isolated and virtually powerless. On the other side of this separation are the products and ties with other people, outside the control and lost to the understanding of the worker. Submitted to the mystification of the marketplace, the worker's products pass from Resume, one hand to another, changing form and names along the way#151;value, commodity, capital, interest , rent wage#151;depending chiefly on Resume Objective Examples - Template who has them and how they are used. Eventually, these same products#151;though no longer seen as such#151;reenter the worker's daily life as the landlord's house, the Resume || Free & Premium Templates grocer's food, the banker's loan, the boss's factory, and the various laws and customs that prescribe his relations with other people. Unknowingly, the worker has constructed the necessary conditions for reproducing his own alienation. The world that the worker has made and lost in alienated labor reappears as someone else's private property which he only has access to Resume Objective Examples by selling his labor power and engaging in more alienated labor. Though Marx's main examples of alienation are drawn from the life of 29+ Teacher || Free & Premium workers, other classes are also alienated to the degree that they share or are directly effected by these relations, and that includes the capitalists. 4 THEORY OF VALUE.

What is the effect of the - Template worker's alienated labor on its products, both on what they can do and what can be done with them? Smith and Ricardo used the labor theory of value to explain the Cost of commodities. For them, the value of any commodity is the result of the 29+ Teacher Templates amount of labor time that went into its production. Hearts And Templates? Marx took this explanation more or less for granted. 29+ Teacher Templates? His labor theory of Medical Claim Form 1500 - Reverse value, however, is & Premium primarily concerned with the more basic problem of why goods have prices of any kind. Claim 1500 - Reverse? Only in capitalism does the distribution of Templates & Premium what is produced take place through the medium of markets and Leadership Sample Report| Management prices. In slave society, the slave owner takes by force what his slaves produce, returning to them only what he wishes. While in feudalism, the lord claims as a feudal right some part of what is produced by 29+ Teacher Resume, his serfs, with the serfs consuming the rest of their output directly. In both societies, most of what is Resume Examples produced cannot be bought or sold, and therefore, does not have any price.

In accounting for Resume Templates & Premium Templates the extraordinary fact that everything produced in capitalist society has a price, Marx emphasizes the separation of the worker from the Claim Form 1500 - Reverse means of production (whereas slaves and serfs are tied to their means of production) and the sale of his or her labor power that this separation makes necessary. To survive, the workers, who lack all means to produce, must sell their labor power. In selling their labor power, they give up all claims to || Free Templates the products of their labor. Hence, these products become available for exchange in Sentiment & Predictive Analytics This, the market, indeed are produced with this exchange in mind, while workers are able to consume only that portion of their products which they can buy back in the market with the Resume Templates || Free & Premium wages they are paid for their labor power. Value, then, is the most general effect of the worker's alienated labor on all its products; exchange#151;which is embodied in Skills 360 - Online Sample, the fact that they all have a price#151;is what these products do and what can be done with them.

Rather than a particular price, value stands for the whole set of conditions which are necessary for a commodity to have any price at 29+ Teacher Templates, all. Park Invitation / Kids Invitation /? It is in this sense that Marx calls value a product of capitalism. The ideal price (exchange value) of a commodity and the ways in which it is meant to he used (use value) likewise exhibit in their different ways the distinctive relationships Marx uncovered between workers and their activities, products and other people in capitalist society. Exchange value reflects a situation where the distinct human quality and 29+ Teacher Resume Templates & Premium variety of Sentiment Analysis Analytics work has ceased to count. Through alienation, the relations between workers has been reduced to the quantity of labor that goes into their respective products. Only then can these products exchange for each other at a ratio which reflects these quantities. It is this which explains Smith's and Ricardo's finding that the value of a commodity is equal to the amount of || Free & Premium Templates labor time which has gone into Claim Form 1500 Images Search its production.

While in use value, the physical characteristics of commodities#151;planned obsolescence, the Resume Templates || Free & Premium Templates attention given to style over durability, the manufacture of individual and family as opposed to larger group units, etc.#151;give unmistakable evidence of the Leadership Inventory 360 - Online Management isolating and degraded quality of human relations found throughout capitalist society. Surplus-value, the 29+ Teacher || Free & Premium third aspect of value, is the Sentiment Analysis & Predictive For Trading. Avoid This difference between the amount of Resume exchange and Claim 1500 Images use value created by workers and the amount returned to them as wages. The capitalist buys the worker's labor power, as any other commodity, and puts it to 29+ Teacher Resume Templates Templates work for eight or more hours a day. However, workers can make in, say, five hours products which are the equivalent of their wages. In the remaining three or more hours an amount of wealth is produced which remains in Law Enforcement Examples - Template, the hands of the capitalist.

The capitalists' control over this surplus is the basis of their power over 29+ Teacher Templates || Free, the workers and the rest of society. Marx's labor theory of value also provides a detailed account of the struggle between capitalists and workers over the size of the surplus value, with the capitalists trying to extend the Running Log Template | Download Free & Premium length of the working day, speed up the pace of work, etc., while the workers organize to protect themselves. Because of the competition among capitalists, workers are constantly being replaced by machinery, enabling and 29+ Teacher Resume || Free Templates requiring capitalists to extract ever greater amounts of surplus value from the workers who remain. Paradoxically, the amount of surplus value is also the source of capitalism's greatest weakness. Because only part of their product is returned to them as wages, the workers cannot buy a large portion of the consumables that they produce.

Under pressure from the constant growth of the Analytics Avoid This total product, the capitalists periodically fail to find new markets to take up the slack. This leads to crises of overproduction, capitalism's classic contradiction, in which people are forced to live on too little because they produce too much. 5 HISTORICAL TENDENCIES. How did capitalism originate, and where is it leading? Marx's materialist conception of history answers the first part of this question with an account of the transformation of feudalism into || Free capitalism. He stresses the contradictions that arose through the growth of towns, population, technology and trade, which at a certain point burst asunder the & Premium Templates, feudal social and political forms in which production had been organized. Relations of lord to serf based on feudal rights and obligations had become a hindrance to the further development of these productive forces; over 29+ Teacher & Premium Templates, an extended period and after a series of Invitation / Picnic Park political battles, they were replaced by the contractual relation of capitalists to workers. With capitalists free to Resume Templates || Free & Premium Templates pursue profits wherever they might take them and workers equally free to sell their labor power to the capitalists however they might use it, the productive potential inherent in Running | Download, the new forces of production, especially in technology and science, grew to unmeasured proportions. However, if maximizing profits leads to rapid growth when rapid growth results in large profits, then growth is Templates & Premium restricted as soon as it becomes unprofitable. The periodic crises which have plagued capitalism from about 1830 on are clear evidence of this.

Since that time, the new forces of production which have come into being in capitalism, their growth and potential for producing wealth, have come increasingly into contradiction with the capitalist social relations in which production is organized. The capitalists put the factories, machines, raw materials, and labor power all of which they own into motion to produce goods only if they feel they can make a profit, no matter what the availability of these factors of 1500 Images Search production, and no matter what the need of consumers for their products. The cost to society in wealth that is never produced (and in wealth which is produced but in || Free Templates, forms that are anti-social in their character) continues to grow and with it the need for another, more efficient, more humane way of Law Enforcement Resume Objective Examples organizing production. Within this framework the 29+ Teacher Templates actual course of history is determined by class struggle. According to Log Template Free & Premium Marx, each class is defined chiefly by its relation to the productive process and has objective interests rooted in that relation. The capitalists' interests lie in securing their power and expanding profits. Workers, on the other hand, have interests in higher wages, safe working conditions, shorter hours, job security, and#151;because it is required to realize other interests#151;a new distribution of 29+ Teacher Resume || Free & Premium power. The class struggle involves everything that these two major classes do to promote their incompatible interests at each other's expense. In this battle, which rages throughout society, the capitalists are aided by their wealth, their control of the state, and their domination over other institutions#151;schools, media, churches#151;that guide and Hearts Backgrounds And Templates distort people's thinking. On the workers' side are their sheer numbers, their experience of cooperation#151;however alienated#151;while at work, trade unions, working class political parties (where they exist), and the contradictions within capitalism that make present conditions increasingly irrational.

In capitalism, the state is an instrument in the hands of the capitalists that is used to repress dangerous dissent and to help expand surplus value. This is Resume || Free & Premium Templates done mainly by passing and enforcing anti-working class laws and by providing the capitalists with various economic subsidies (capitalist welfare). Marx also views the state as a set of Invitation / political structures interlocked with the economic structures of capitalism whose requirements#151;chiefly for accumulating capital (means of production used to produce value)#151;it must satisfy, if the whole system is Resume Templates & Premium Templates not to go into a tailspin. And, finally, the state is an arena for Running | Download Free & Premium Templates, Forms class struggle where class and class factions contend for political advantage in an unfair fight that finds the capitalists holding all the most powerful weapons. An adequate understanding of the role of the capitalist state as a complex social relation requires that it be approached from each of Resume & Premium Templates these three angles: as an instrument of the capitalist class, as a structure of political offices and Sentiment Analysis & Predictive For Trading. Avoid processes, and as an arena of 29+ Teacher || Free class struggle. In order to supplement the institutions of force, capitalism has given rise to Park / Picnic Invitation Invitation an ideology, or way of 29+ Teacher || Free & Premium thinking, which gets people to accept the status quo or, at least, confuses them as to the possibility of replacing it with something better.

For the most part, the ideas and concepts which make up this ideology work by getting people to Colorful Powerpoint And Templates focus on the observable aspects of any event or institution, neglecting its history and potential for change as well as the broader context in which it resides. The result is 29+ Teacher Resume || Free & Premium a collection of partial, static, distorted, onsided notions that reveal only what the capitalists would like everyone to think. For example, in capitalist ideology, consumers are considered sovereign, as if consumers actually determine what gets produced through the & Predictive choices they make in the supermarket; and no effort is made to 29+ Teacher Resume Templates analyze how they develop their preferences (history) or who determines the range of available choices (1arger system). Placing an event in its real historical and social context, which is to say#151;studying it dialectically, often leads (as in Running Log Template | Download Free, the case of consumer sovereignty) to conclusions that are the direct opposite of those based on the narrow observations favored by ideological thinking. As the attempted separation of what cannot be separated without distortion, capitalist ideology reflects in thought the fractured lives of alienated people, while at the same time making it increasingly difficult for them to grasp their alienation. As the contradictions of capitalism become greater, more intense, and less amenable to Templates & Premium Templates disguise, neither the state nor ideology can restrain the mass of the workers, white and blue collar, from recognizing their interests (becoming class conscious) and acting upon them. Images - Reverse? The overthrow of Resume Templates & Premium capitalism, when it comes, Marx believed, would proceed as quickly and democratically as the Leadership Skills 360 - Online Report| nature of Resume capitalist opposition allowed. Out of the revolution would emerge a socialist society which would fully utilize and develop much further the productive potential inherited from capitalism. Skills Inventory 360 - Online Sample? Through democratic planning, production would now be directed to 29+ Teacher Resume Templates || Free Templates serving social needs instead of maximizing private profit. The final goal, toward which socialist society would constantly build, is the human one of abolishing alienation.

Marx called the attainment of this goal communism. Capitalism has obviously changed a lot in the hundred years since Marx wrote. In the basic relations and structures which distinguish capitalism from feudalism and socialism, however, it has changed very little, and these are the Colorful Powerpoint Backgrounds main features of capitalism addressed in 29+ Teacher Resume || Free, Marx's theories. Workers, for example, may earn more money now than they did in the last century, but so do the capitalists. Consequently, the wealth and income gaps between the two classes is as great or greater than ever. Running Log Template | Download & Premium? The workers' relations to Templates Templates their labor, products and capitalists (which are traced in the theory of alienation and the labor theory of value) are basically unchanged from Law Enforcement Resume, Marx's day. Probably the greatest difference between our capitalism and Marx's has to do with the more direct involvement of the & Premium state in Invitation / Picnic Invitation /, the capitalist economy (primarily to bolster flagging profits) and, as a consequence of this, the expanded role of ideology to disguise the increasingly obvious ties between the agencies of the state and the capitalist class.

From its beginnings, Marxism has been under attack from all sides, but the major criticisms have been directed against 29+ Teacher Templates claims that Marx never made. For example, some have mistakenly viewed Marx's materialism as evidence that he ignored the role of ideas in history and in people's lives. Viewed as an economic determinism, Marxism has also been criticized for presenting politics, culture, religion, etc. as simple effects of a one-way economic cause. (This would be undialectical.) Viewed as a claim that labor is the only factor in determining prices (equated here with value), the labor theory of value has been wrongly attacked for ignoring the effect of competition on prices. Park Invitation? And viewing what are projections of capitalism's tendencies into the future as inviolable predictions, Marx has been accused of making false predictions. Some, finally, point to the anti-democratic practices of 29+ Teacher || Free & Premium many Communist countries and claim that authoritarianism is inherent in Marxist doctrine. In fact, Marx's theories concentrate on advanced industrial capitalism with its imperfect but still functioning democratic institutions and Invitation Invitation / Kids Park he never thought that socialism could achieve its full promise in relatively poor, politically underdeveloped nations.

Marxism, as defined here, has had its main influence among workers and intellectuals in capitalist countries, especially in Resume Templates Templates, Europe, who have used it as a major tool in defining their problems and constructing political strategies. Sentiment & Predictive? In the 29+ Teacher Resume Templates Western countries, even non-Marxist intellectuals, particularly sociologists and historians, have drawn considerable insights from Marx's writings. In the Third World, Marxism#151;considerably modified to deal with their special mixture of primitive and advanced capitalist conditions#151;has clarified the Leadership Skills Report| nature of the enemy for many liberation movements. Resume || Free & Premium Templates? In the Communist countries, selected doctrines of Marx have been frozen into Analysis Avoid This abstract principles to Resume Templates serve as the official ideology of the regimes. The influence of these three varieties of Marxism is as different as their content.

In American capitalism's latest crisis, the combination of growing unemployment and worsening inflation has confounded all the Park Invitation / Picnic / Kids / usual experts. 29+ Teacher || Free? The most powerful nation in history cannot erase poverty, provide full employment, guarantee decent housing or an adequate diet or good health care to its people. Meanwhile, the rich get richer. Only Marxism, as an account ofthe rational unfolding of a basically irrational capitalist system, makes sense of our current chaos. In class struggle, it also points the way out. The rest is up to us. Engels, Friedrich, Socialism: Utopian and Scientific . Marx/Engels, Communist Manifesto . Marx/Engels, German Ideology , Part 1. Reilbroner, Robert, Marxism: For and Sentiment & Predictive Against (1980)

McLellao, David, The Thought of Karl Marx (1971) Miliband, Ralph, Marxism and Politics (1977) Ollman, Bertell, Alienation: Marx's Conception of Man in Capitalist Society (1976) Popper, Karl, Open Society and Its Enemies (1963) Rader, Melvin, Marx's Materialist Interpretation of History (1979) Rius, CAPITAL for Beginners (1981)

Sweezy, Paul, The Theory of Capitalist Development (1963) Tressell, Robert, The Ragged Trousered Philanthropist (1980)

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Qu'est-ce que le tour du tapis magique ? Aviez-vous remarque ? Les petits details caches de Twilight 1. Harry Potter, Indiana Jones, Buffy. Resume & Premium Templates. Quel age auraient-ils aujourd#039;hui ? De nouveaux Twilight et Hunger Games ? Le studio se tient pret ! Si vous aimez ce film, vous pourriez aimer . MAIS ceci n'est pas un film de vampires, on Analysis & Predictive Analytics, l'aura compris^^ Gueule D'Ange PLP, lui, a envie de vomir. Resume || Free & Premium Templates. (Pensif) A quand une saga avec des vrais vampires . Hearts Abstract. et pas des tarlouzes qui en plus sortent le jour. Resume Templates & Premium Templates. Non mais c'est du foutage de gueule. Invitation Invitation / Kids. Depuis quand les vampires sortent le jour.

Et dire que cette GROSSE Daube a ete un succes!! Bon en meme temps, toutes les nanas on Templates & Premium, force leur mec pour aller voir une love story! Mais dans ce cas pourquoi faire une love story avec vampires. A quand la saga d'un melange entre des intrigues de clans et de pouvoirs vampiriques, une demonstration de leurs pouvoirs de maniere subtile tel que Entretien avec un vampire dans lequel nous sommes pleinement impregnes dans la vie millenaire d'un vampire vecu avec la soif de sang et de pouvoir et par certains vampires vecu par la lassitude de la vie eternel, une ambiance sombre et derangeante tel que Dracula de Coppola a la fois violente et manipulatrice. Le jeu de role Vampire Dark Age et La Mascarade serait une adaptation ideale pour une saga voir une serie de vampire. - Reverse Search. Mais la je crois qu'au vu de ce que la masse de gens qui ont aime ce navet je peux toujours rever.

Le livre est mieux que ce film, mais bon c'est le commencement et on 29+ Teacher Resume Templates Templates, peut dire qu'il y a deja eu pire, c'est apres que tout degringolera. c'est film dont il s’agit la. c'est pas un scenario fait pas le realisateur, c'est un Roman , dont l'histoire est vraiment genial ! Vous n'avez certainement pas lu les livres pour dire ca. Inventory 360 - Sample Report| Management. Le film apres c'est autre chose. Twilight est une grande enigme pour moi, le scenario est d'une simplicite affligent, les personnages principaux sont ni touchent, ni interessent, contrairement au personnages secondaire voir tertiaire, qui eux on 29+ Teacher Templates Templates, reellement quelque chose a raconter ( un vecus). Law Enforcement Resume Examples. Je ne comprendrais jamais comment une histoire aussi simpliste est denue de toute creativite a put faire un succes pareil, la Bella est chiante, incapable de sourire, sans aucun caractere, pareil pour l'autre( le robert). 29+ Teacher Resume Templates || Free. Pour finir, les antagoniste sont ridicules, les personnages secondaire sont juste des faire valoir de Bella ( tout le monde sait que c'est une erreur scenaristique a ne jamais faire), de plus le vampire est totalement denature, il brille au soleil. 1500 Images - Reverse. qu'est ce qui peut faire plus piter que ca sincerement ? bref, tout ce qu'on nous a apprit a ne pas faire en ecole de cinema, est retranscrit dans ce film, et le pire c'est que les gens aime ca. l histoire est sympa . 29+ Teacher Templates || Free & Premium. Une gamine sans caractere, et incapable de sourire, tombe amoureuse d'un mec aussi chiant qu'elle, et il se trouve etre un vampire qui brille au soleil ! tu trouve ca sympa ? je l’appel meme pas ca une histoire, un enfant de 5 ans aurait pu ecrire ce scenario. sympathique quand meme 3/5.

Mon dieu quelle daube. | Download Free. J'ai reussi a finir le film avec quelques chansons de Korn. Templates & Premium Templates. Quand meme j'ai du mal a croire que ce truc a eu autant de succes. reticent dans un premier temps , ( film d'ados pour ados . Leadership 360 - Sample. ), j'ai ete agreablement surpris par ce film, l'histoire est sympa a suivre, et je comprend mieux pourquoi cette saga a eu du succes. J'ai regarde deux fois ce films: La premiere fois l'image etait pas belle, j'ai donc accorde le benefice du doute a ce film.

Mais la deuxieme fois m'a convaincu que non. 29+ Teacher Resume Templates Templates. Ennuyeux, il n'y a pas d'autre mots. Leadership Skills 360 - Online Report| Management. Pourtant j'etais dans l'age du publique visee. & Premium. Mais quel horreur! C'est niais!

Les acteurs sont carrement a cote de la plaque. Analysis Analytics This. Ils recitent leur texte au lieu de jouer. Templates & Premium Templates. L'image est pas super, on - Reverse Search, accroche pas a l'histoire, ni aux personnages. 29+ Teacher Templates || Free & Premium Templates. Dommage, il y avait du potentiel. Sentiment Analysis For Trading. Avoid This. Parce que meme le livre qui n'est pas super, est mieux que ce navet. Resume & Premium Templates. Et je ne peut pas comprendre l'admiration des jeunes filles pour Edward. Resume Objective Examples. Parce ce que sa tete dans le film fait plus peur qu'autre chose. Templates || Free Templates. L'acteur etait mignon dans Harry Potter, mais dans celui-ci je le trouve horrible. Resume Examples - Template. Enfin bref, ce n'est que mon avis, je ne souhaite offenser personne.

Totalement d'accord, je suis passe la pour voir les notes qu'on lui donnait et malgre les avis pour le moins partage, je trouve que la moyenne est beaucoup trop haute. & Premium. Perso ca vaut un 0.5 pas plus. je l'avais oublie celui-la. Colorful Abstract Powerpoint Backgrounds And Templates. Vraiment special mais un excellent film. Sans doute le meilleur de cette saga. 1/5 Non non je ne me suis pas trompe, c'est le meilleur mais c'est tres mauvais.

Je ne comprends pas comment ca a pu si bien marcher. J'ai adore!! Surement le meilleur avec le 4 partie 1 de la saga. Templates & Premium Templates. Super. J'ai eu de l'espoir dans les 10 premieres minutes du film, mais en fait, non, ce film est nul, c'est une pauvre histoire d'amour entre une humaine et un vampire tellement pas interessante. Debut de la saga qui a tue les vampires aux propres et aux figures, et qui fait passe underworld pour un chef d'oeuvre du 7e art. On ne peut meme pas mettre zero , dommage , sinon c'est la note que j'aurais mis ^^ . Running Free Templates,. Ce film est juste . 29+ Teacher Resume || Free. navrant . Non il y aussi Morse qui evite totalement les cliches , un des rares film de vampire qui est vraiment bien . Le premier est pas mal faux bien avoue mais alor les suivant ..tu demande !! Les suivant sont justes nul .sa n'arrive pas a la hauteur des aventure de harry potter. meme en etant adolescente je deteste ce film ;) Quel film pathetique. Analysis & Predictive Analytics Avoid. En meme temps, il ne fallait pas s'etonner avec des acteurs qui ne savent pas jouer !! J'ai un serieux probleme avec Kristen Stewart que je ne peux vraiment pas voir en pature depuis Panic Room. Resume & Premium. Comment une actrice aussi merdique est arrivee a percer a Hollywood . Colorful Abstract Powerpoint Backgrounds And Templates. Ah oui, merci papa . Resume Templates & Premium. Serieusement, passer votre chemin, vous ne tirerez rien de bon de ce film.

0,5/5 simplement parce que je n'arrive pas a mettre zero. J'ai une question : est-ce que vous savez s'il existe une edition blu-ray de Twilight, Chapitre 1 - Fascination, avec fourreau cartonne ? Dans le meme genre : http://ecx.images-amazon.com/i. J'ai pu recupere les editions fourreau des episodes 2, 3 et 4. Leadership 360 - Online Sample Report| Management. Je compte me commander le dernier. Templates || Free. Et comme je suis un collectionneur, qui aime bien que tout soit identique, ben voila ! ^^' En vous remerciant d'avance ! =) films pour adolescentes prepuberes ! il y a seulement 2 films de vampires qui valent vraiment le coup : Dracula et Entretien avec un vampire. c'est vrai, quand on Sample, analyse le film, le message fait peur ! Le film commence bien, jusqu'a ce que l'un des mechants du film renifle Bella et la poursuivra a jamais pour la manger, de ce fait, les gentils doivent le tuer ! A partir de ce moment, le film est gache ! Deception ! La violence conjugale, la glorification du patriarcal de Twilight, et bien entendu, les idees mormone (Qui a dit Moyenageuse ?) que vehicule cette saga ! le film est clichee . 29+ Teacher & Premium. nul. le 1er livre est pas mal et apres ca devient long et ennuyant. J'aime beaucoup; mais le livre est bien mieux que le film. Hello , je suis nouveau et j'ai moi aussi mes critiques a porte a ce navet . Je suis un adolescent , et j'approuve , les vrai histoires de vampires ne sont plus reconnues , Bram Stoker est bafoue a jamais . Medical Claim Form 1500 Images - Reverse. Cet affront ne peut etre tolere . l'histoire est lente et les moment de love story on 29+ Teacher || Free, aurait aime ne pas les voir . D'ailleurs , dans un des volets , Edward detruit sa chambre . Leadership Skills Inventory 360 - Online Sample Management. L'exageration est tel que les murs et le lits sont desintegres . Templates & Premium Templates. C'est tellement barbant . Resume Objective Examples. Mais etrangement , j'ai bien aime un moment du dernier opus , ou l'on se rend compte qu'a la fin que ce n'etait qu'une vision . Je comprends . 29+ Teacher Resume || Free. C'est vrai qu'on doit mesurer nos propos, sinon on Form Search, aurait une horde de groupies contre nous !! 7 razzies awards. 29+ Teacher Resume & Premium. ca me fait bien rire . A cause de Twilight, on / Picnic Invitation Park, ne parle plus des vrais films de vampires, et c'est bien dommage.

C'est pas faux ! Mais c'etait pour ne pas choquer le public pre-pubere de cette daube tu comprends :p. J'ai ete biberonne avec les films de vampires et ca me fait vraiment mal de voir que la nouvelle generation a droit a ce genre d'heresie. Mais dans un sens, Twilight est peut etre un chef d'oeuvre : 07 razzies awards quand meme. || Free Templates. si c'est pas revelateur ! ;) J'ai beaucoup de mal avec les pseudos histoires de vampire. Tres con, et encore, je trouve que tu es gentil ! :) Ah d'accord, c'est donc ca les films de vampires des annees 2010. Mais. Skills Sample. comment dire. & Premium Templates. c'est quand meme tres con, non ? Et tres mal joue aussi la vache. | Download Free Forms. Je veux bien qu'on me dise qu'il s'agit d'un film a destination d'un public adolescent, ca n'est pas un argument, mais alors pas du tout. 29+ Teacher Resume || Free. Il existe veritablement. de tres bons films de vampires pour ce public : Generation Perdu, Vampire, vous avez dit vampire . Resume. Sinon a la pelle : Bram Stocker's Dracula, Entretien avec un vampire, Les Predateurs, Vampires, Une nuit en enfer, etc etc Serieusement, la question ne se pose meme pas. C'est long, tres long, trop long ! Je ne connais pas cette catherine Harwicke mais j espere qu elle ne commettra plus d attentat cinematographique .En effet , je vais mettre de cote l histoire du vampire boule a facette et de sa petite amie renfrognee car apres tout , c est une question de gout , .Mais la realisation est juste a vomir dans ce film .Filtre BLEU que dis je bleuatre cense transmettre une ambiance inquietante faute d avoir les competences et l imagination pour le faire sans ce subterfuge ;Resultat , tous les acteurs y compris les Indiens au teint cuivre ; ressemblent a des cadavres .Meme les humains ont l air de vampires donc , et on || Free & Premium, comprend mieux le maquillage outrancier et clownesque de la famille Cullen Travellings en veux tu en voila qui donnent la nausee . Colorful Abstract. Plans inclines completement ringards , et injustifies , avec un cote feux de l amour assez deplaisants.Il ne manquait que les zooms a grande vitesse et on Templates Templates, avait atteint les sommets de la ringardise .Direction d acteurs inexistante.

Bref ces gros defauts techniques plombent le film , et l histoire . Colorful Hearts Powerpoint 0111. Resultat Twilight 2 ,avec un nouveau realisateur, apparait comme un chef d oeuvre a cote . Film pas terrible mais le meilleur de la saga ! Vous voyez le niveau ? A part si vous ete une adolescente fragile et physiquement pas avantage comme l'actrice principale passez votre chemin ! romance a chier. persos chiant et pas approfondi. J'ai beaucoup aime ce premier opus. Pour ma par ce film es un bon film , avec une belle histoire qui sort de l'ordinaire . plus on 29+ Teacher || Free, avance plus c'est nul ! puis j'aime pas les acteurs ca y fait beaucoup je crois ! Je dois dire que je suis agreablement surpris de ton commentaires. & Predictive Analytics This. Mais je tiens comme meme a repondre a certain de tes propos, j'ai tous de suite commencer avec les insultes pour le simple et bonne raison, que vous avez tous commencer a decrire Twilight comme un film pour gonzesse ou pour ignorant, ce qui m'a un peut surpris vu que je trouvais que les sujets de ce film etais plus qu'interessent. 29+ Teacher Templates. Apres chacun son avis, mais c'est vrai que nous sommes vite parti dans un discussion assez animee, apres je crois que nous avons juste voulu defendre nos propos, chacun a notre facon. Non mon petit matt, c'est juste que ca ne sert a rien de te parler cinema, tu es trop obtu car tu as debarque ici en critiquant ce qui n'aimaient pas la saga twilight. Law Enforcement Examples - Template. Direct. 29+ Teacher Resume Templates & Premium Templates. Je n'ai donc plus rien a te dire sur le cinema. Resume. Tu aurais debarque sans nous insulter, je n'aurais pas ete aussi loin dans mes propos. Mais les gens comme toi qui arrivent comme un cheveux sur la soupe, je m'amuse a leur repondre en leur faisant croire que ce qu'ils disent a une influence quelconque.

Je m'en fous en fait, je n'arrete pas de te repondre pour. 29+ Teacher || Free & Premium. rien! Je m'en fous, mais j'ai quand meme envie de te repondre. Log Template Free & Premium Templates,. Je ne m'en prive donc pas. Alors cette fois-ci, je te le dis. 29+ Teacher Resume & Premium. Tu me dis que je n'ai pas d'argument donc je parle de ton orthographe. Inventory Report| Management. mais t'es tu seulement rendu compte que tu es arrive ici avec un vous etes soi trop cons soi trop vieux? Bref, si tu n'avais pas sorti ce genre de propos d'emblee, j'aurais eu un dialogue plus interessant avec toi. Nous aurions sans doute debattu, ca aurait ete constructif. Mais les gens qui debarquent comme ca contre nous, afficionados du cinema, je ne trouve pas que ce soit tres. & Premium. accueillant. Bref, fais ce que tu veux de ca. Pour une fois, je t'ai repondu serieusement, sans moquerie.

Alors soi tu me prends au serieux, soi tu t'en fous, et dans ce cas on Colorful Hearts Backgrounds And Templates 0111, peut continuer a se tirer dans les pattes indefiniment. Resume Templates & Premium. Tu vois. Moi je m'en cogne. A desole, je ne savais pas qu'il y avait un langage pour ceux qui sont trisomique et ceux qui ne le sont pas. Sentiment Analysis Analytics Avoid This. Autant pour moi ! Juste, tu as remarque que tu es oblige de me critiquer sur ma facon d'ecrire pour avoir qu'elle que chose a dire ? C'est dommage, de tomber a un niveau aussi bas :-/ Hey mon gars, dsl, mais ce que tu dis, ca ne vaut rien. 29+ Teacher Resume || Free Templates. Ecris le bien au moins! Quand on Running Log Template | Download Free & Premium Forms, n'est pas triso, on Resume Templates Templates, n'ecrit pas ce n'est pas moi qui n'ai meme pas capable de. Colorful Hearts Powerpoint 0111. . C'est fou le nombre de connerie qu'on peux inventer pour se justifier. 29+ Teacher || Free & Premium. En arrete de me traiter de trisomique, ce n'est pas moi, qui n'ai meme pas capable d'argumenter mes arguments. En l'occurrence, je n'ai aucune excuse a fournir. Le triso ici, ce n'est pas moi.

Bon courage pour relire tous tes coms. Je n'ai qu'une chose a te repondre Sarasten, arrete de chercher des excuses a ta stupidite ;)) Euh non, tu n'as qu'a te relire. 1500. J'ai pas a perdre du temps avec ca! (sinon je les aurai deja citees) Ah Oui ? Je ne vois pas les qu'elles ? Une precision peut-etre ? Toujours autant de mal avec le clavier a ce que je vois.

Ah au fait, il y a certaines phrases que je n'ai pas pu comprendre, avec des mots un peu bizarre de ci dela. Templates || Free. Mais du moment que tu te comprends, c'est l'essentiel! Allez, salut le twilighteur! Eh bien c'est chose faites a present ;)) Ouf, j'avais vraiment besoin de ton approbation pour ne pas aimer ce film, tiens! Attendent, je crois que toi meme ne sait pas la question que tu voulais me poser car, ce que tu viens de me dire n'est pas une question, mais une affirmation. Colorful Powerpoint And Templates 0111. Apres si c'est ton avis, peut m'importe, je crois avoir eut un apercu de ton intelligence et je suis presque content qu'une personne comme toi n'aime pas ce film.

Aime ce film, il est de ton niveau! Eh bien si c'est ca ta reponse, tu as donc reellement un probleme intellectuel. Et comme je l'ai deja dit, je ne comparais pas l'inadaptation sociale (qui au passage est un terme inexact que tu ne cesses de repeter) avec oui oui, mais l'?uvre cinematographique Twilight avec oui oui. Templates & Premium. Comme je le disais, tu es etroit d'esprit. Ah ! Mes bien sur Monsieur comprend tous mieux que tous le monde ! C'est d'une logique irrefutable ! Pardon, je ne savais pas que je communiquais avec un genie.

Et oui, je veux bien que tu me reposes tes questions, car selon moi j'y ai repondu, tu m'as demande Qui a dit que je n'avais pas remarque ca? je t'ai repondu par Si tu l'aurais remarquer tu ne trouverais pas ce film nul, tu le trouverais peut-etre agacent. Colorful Hearts Abstract Backgrounds And Templates. En plus vu les critiques que tu fais ca se voit que tu n'as rien compris. 29+ Teacher Resume || Free & Premium Templates. Et si tu aurais compris, tu ne l'aurais pas compare a Oui-Oui -.-'. 360 - Sample Report| Management. Et pour info, oui je suis reste bloquer sur le Oui-Oui, car tu as compare l'inadaptation Sociale avec un film pour enfant de 4 ans. P.S: Tu peux arreter de faire preuve d'une ignorance imaginable, sa commence a enerver. Pourquoi continues-tu les insultes ? Tu ne peux pas simplement faire un commentaire, tous en restant polis ? Tu en es incapable ? Non, tout comme toi tu es incapable de repondre a mes questions. Resume Templates & Premium. Je dois peut etre te les repeter? Qui a dit que je n'avais pas remarque ca? Si tu l'aurais remarquer tu ne trouverais pas ce film nul, tu le trouverais peut-etre agacent. En plus vu les critiques que tu fais ca se voit que tu n'as rien compris.

Et si tu aurais compris, tu ne l'aurais pas compare a Oui-Oui -.-' C'est justement parce que j'ai tout compris trop vite que c'est comparable a oui-oui. Colorful Backgrounds 0111. Mais si tu restes bloque sur oui-oui, je ne peux rien pour toi. p.s.: peux tu faire un effort de conjugaison s'il te plait? Ca fait mal aux yeux! Et encore une fois: incapable de repondre! Mon pauvre! Toi avoir du mal!

Tu fuis mes questions on Templates, dirait! Pourquoi continues-tu les insultes ? Tu ne peux pas simplement faire un commentaire, tous en restant polis ? Tu en es incapable ? Qui a dit que je n'avais pas remarque ca? Si tu l'aurais remarquer tu ne trouverais pas ce film nul, tu le trouverais peut-etre agacent. & Predictive For Trading. Avoid. En plus vu les critiques que tu fais ca se voit que tu n'as rien compris. Resume Templates || Free Templates. Et si tu aurais compris, tu ne l'aurais pas compare a Oui-Oui -.-' Allez salut vieux, je te laisse dans ton coin a case en moins! A Matt Jones K.: En meme temps, je m'en fous un peu de ton opinion du film, tu fais ce que tu veux. Invitation / Picnic Invitation / Kids Park. Mais tu a juste dis que j'avais dit des choses alors que c'est faux.

Bref, tu me fais dire ce que je n'ai pas dit. Resume Templates. Et la oui, je te traite de trisomique parce que tu te permets ca. Medical Form 1500 Images - Reverse. Tu ne comprends rien. Crepusculo (Brasil) Alacakaranl?k (Turkiye) Twilight - Biss zum Morgengrauen (Deutschland) Crepusculo (Espana) Adolescent / Adolescence (1269) Amour contrarie / Amour impossible (927) Film culte (2638) Teen movie - films d#039;ado (951) Adaptation de roman (2850) Twilight (7) Sex Symbol (125) Cameo (369) Vampires (268) Detente (2931) Etats-Unis (1169) Seattle (10) Etat de Washington (14) de Matthew Vaughn. avec Taron Egerton, Colin Firth. Donner mon avis sur le site | Qui sommes-nous | Recrutement | Contact | Publicite | CGU | Charte | ©AlloCine. Retrouvez tous les horaires et infos de votre cinema sur le numero AlloCine : 0 892 892 892 (0,34ˆ/minute) En poursuivant votre navigation sur AlloCine, vous acceptez l#039;utilisation de cookies. Resume Templates || Free. Ces derniers assurent le bon fonctionnement de nos services.

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essay on 29+ Teacher Resume Templates Templates, democracy By Peter Landry. 1. Democracy is a tender topic for a writer: like motherhood and apple pie it is Leadership Skills Online Report| Management not to be criticized. One will risk being roundly condemned if he, or she, points out the serious bottleneck that is presented when a community attempts, through the democratic process, to set plans for positive social action. A man is not permitted to hesitate about its merits, without the suspicion of being a friend to tyranny, that is, of being a foe to mankind?2. The notions of government and of democracy are independent notions and do not, from what I can see, depend on one another. What is likely required for the masses of Resume Templates people, as we see in modern world societies, is an established system of government.

Where there is Running Log Template | Download & Premium Forms a need for an established system of government, it will likely naturally come about; and do so, whether, or not, it has the consent of the people, -- real or imagined. Putting aside, for the moment, the arguments of Hobbes and Locke, I believe, on the basis of plain historical fact, that governments come about naturally and maintain themselves naturally without the Templates general will of the people; indeed, I believe, with many others I suspect, that our long established democratic governments in the world (the United States and Sentiment Analytics Canada being among them) did not come about by the general will of the people, at all; nor is it necessary that it should it be maintained by the will of the people.3 One should not conclude, therefore, that democracy is Templates necessary for good government: It may not be. What is necessary for Running | Download Free, optimum prosperity is 29+ Teacher Resume & Premium a state of acquiescence, which, as it happens, is the hallmark of western democracies. Invitation / Picnic Invitation / Kids Invitation. It may be, that the only thing needed is but the trappings of democracy. An individual or group of individuals may take and maintain power by the use of coercive force. From history we can see that this is the usual way by which power is gained, and maintained. However, it has long been understood that people might come together and explicitly agree to put someone in power.

The best of the thinkers saw a process, -- call it democracy -- by which groups might bloodlessly choose a leader. That each of the governed should have a say, or least an opportunity to have a say, is a high flying ideal; but any system by which the peace is kept is an admirable system and democracy, such as it has evolved, has proven, in many cases, to be just such a system. It is Templates || Free Templates from the suffix, -ocracy by which we might determine the operative meaning of the larger word, democracy; it is the indicator of the Medical Form 1500 Images - Reverse Search dominant, superior, or aspiring class who would rule; it is derived from the 29+ Teacher Greek word kratos , meaning strength or power. Any word might be added to this suffix, which will then indicate the type of rule, such as: plutocracy (rule by the wealthy), ochlocracy (mob-rule), angelocracy (government by angels), etc. Democracy is the rule by, or the dominion of, the people; it comes from the Greek word, demos . It is Colorful Hearts Abstract Powerpoint Backgrounds And Templates 0111 often referred to || Free & Premium Templates as popular government. Democracy, historically speaking, is to be compared with monarchy, rule of one; or with aristocracy, rule of the best-born, or rule of the nobles. Whatever its origins (and we will consider its origins) democracy has come to mean a principle or system to which most all political parties of the western world, no matter their political beliefs, would subscribe.

It is politics. It goes beyond the Park Invitation Invitation / Kids Park periodic act of voting; it is characterized by participation in government, viz., involving members of the community in governmental decisions, allowing them to take part in anything at all which amounts to a public demonstration of popular opinion. 1 - Grecian Democracy:- The first democracy, of which we have record, is that which was practiced in ancient Athens. In his capacity as a history writer, Aristotle, in his work, The Athenian Constitution (350 BC), writes that the Athenians practiced democracy only to the extent of putting and keeping in 29+ Teacher Templates || Free & Premium Templates power members of a very exclusive group, a group which formed but a minority in the universal group we stylize as society. Skills Inventory Online Sample Management. The Athenian constitution was oligarchical, in every respect. The poorer classes were the serfs of the rich. They cultivated the lands of the Resume Templates rich and paid rent. Law Enforcement Objective. The whole country was in the hands of 29+ Teacher Templates || Free nine magistrates, called archons , who were elected according to qualifications of Colorful Powerpoint birth and Resume Templates Templates wealth. These ruling magistrates held their positions for life, except for that latter period when they served for a term of ten years. Running Log Template | Download Free & Premium. In time, this Greek notion of democracy was set aside in favour of the draw.

. the method of election in the choice of archons is replaced by lot; some way must be found to keep the rich from buying, or the knaves from smiling, their way into office. To render the selection less than wholly accidental, all those upon whom the lot falls are subjected, before taking up their duties, to a rigorous dokimasia , or character examination, conducted by the Council or the courts. Templates. The candidate must show Athenian parentage on Sentiment Analysis & Predictive, both sides, freedom from physical defect and 29+ Teacher || Free & Premium Templates scandal, the Inventory 360 - Online Sample Management pious honoring of his ancestors, the performance of his military assignments, and the full payment of his taxes; his whole life is on this occasion exposed to challenge by any citizen, and the prospect of 29+ Teacher Templates & Premium such a scrutiny presumably frightens the most worthless from the sortition. If he passes this test the archon swears an oath that he will properly perform the Log Template | Download Free obligations of his office, and will dedicate to the gods a golden statue of life-size if he should accept presents or bribes. Durant in Our Oriental Heritage continued to write that the head man, the archon basileus , must nine times yearly . obtain a vote of confidence from the Assembly and any citizen may bring him to 29+ Teacher Resume Templates task for an inappropriate act of his. At the end of his term all his official acts, accounts, and Search documents are reviewed by a special board, logistai , which is responsible to the Council.

Severe penalties, even death, may avenge serious misconduct. 2 - The Enlightenment:- Out of the Dark Ages, in gradual awaking stirs, came the Age of Reason. The enlightenment was fully established and growing vigorously by the eighteenth century. As the shackles of oppression, so firmly clamped on during the middle ages, became loose, men sought to apply reason to religion, politics, morality, and social life.

With the coming of the enlightenment men began to 29+ Teacher || Free Templates express their minds; no longer were most all men cowed by the great mystery of the universe, and, their minds, through ignorance, ruled by fears: The Enlightenment was a time when human beings pulled themselves out of the medieval pits of mysticism. It was a spontaneous and Log Template | Download Free & Premium Templates, defused movement which fed on 29+ Teacher Templates, itself and led to Park / Picnic Invitation / Kids Park / the great scientific discoveries from 29+ Teacher Templates & Premium, which we all benefit today. Beliefs in natural law and universal order sprung up, which not only promoted scientific findings and advancements of a material nature; but, which, also drove the great political thinkers of the time, such as: Francis Bacon (1561-1626), Bernard Mandeville (1670-1733), Charles Louis de Secondat Montesquieu (1689-1755), Voltaire (1694-1766), Jean Jacques Rousseau (1712-88), David Hume (1711-76) and, of course the brightest political light of all, John Locke (1632-1704). 3 - Representative Government:- In England, Edward the First, in 1295, with a view to dealing with his impecuniosity, issued a writ to the sheriff of Northhampton. The people, of all things, were refusing to pay taxes and they were becoming belligerent. Edward was getting advise to the effect that it might be better to sit down with the Skills Sample Report| Management people, or rather their representatives, than to let loose the royal troops. Letting the troops loose would be an act which would destroy the Templates country's riches, a share of which the king wanted for himself. Thus, we would have seen the Sentiment Analysis & Predictive Avoid This royal messenger riding out Resume Templates from the king's castle to deliver this royal writ to the sheriff of Northhampton. This royal writ of Edward's had the Park Invitation Invitation / Kids Park Invitation / Latin words, elegi facis , meaning that the persons who were to sit on the people's Council (the beginnings of parliament) were to be elected headmen such as the burgesses and knights, and they were to have full and sufficient power for themselves and the communities which they represent; they were to come to 29+ Teacher Templates || Free & Premium Templates Council -- ready, to conduct and to conclude the important business of the land. Parliament is Log Template Forms not a congress of ambassadors from different and Resume & Premium hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole.

You choose a member indeed; but when you have chosen him, he is not a member of Bristol, but he is Objective - Template a member of parliament. Templates Templates. . Your representative owes you, not his industry only, but his judgment; and he betrays instead of serving you if he sacrifices it to your opinion. . The state includes the dead, the living, and the coming generations. 4 - The Dilemma of Representative Government:- Given human nature and the political process, full democracy, beyond the Claim Form smallest group size, may simply not be workable, at all. Each of us has a right to Resume Templates Templates cast a vote for an individual to represent us in Form 1500 Images - Reverse Search the legislative assembly. The elected person then goes off to represent all of his constituents, whether they voted for him or not, indeed, whether they have even voted. How is he to look at issues and how is he to vote (assuming, for the moment, that he has a free vote in parliament). Should he vote on the basis of what he perceives the majority of his constituents want, right or wrong; or, as Burke suggests, does he vote his own conscience, vote as a better and more informed person than his average constituent; or does he, as it seems our system obliges, just vote the party line. Representative institutions are of little value, and 29+ Teacher may be a mere instrument of tyranny or intrigue, when the Log Template Forms generality of electors are not sufficiently interested in Templates || Free Templates their own government to give their vote, or, if they vote at all, do not bestow their suffrages on Medical Claim 1500 Images - Reverse Search, public grounds, but sell them for money, or vote at the beck of someone who has control over Templates || Free Templates them or whom for private reasons they desire to propitiate. Popular election, as thus practised, instead of a security against misgovernment, is but an additional wheel in its machinery. (John Stuart Mill, Consideration on Log Template & Premium Templates, Forms, Representative Government .) The problem, as is so clearly set forth by Mill, is quite aside from the further and separate problem that issues at stake in Templates political life are too many and too complicated and that very many of them [issues] are actually unknown both to the representatives and to Running Templates, the people represented.7. 5 - Democracy In Action:-

In a monarchy, or, for 29+ Teacher Resume Templates || Free & Premium, that matter, any state where rule is carried out by a privileged class without consulting with the Log Template Free masses in any direct way, it was recognized, at least in the 18th and 19th centuries, that what was needed was a submissive, a confident and a stupid people. Such people in 29+ Teacher & Premium Templates these earlier centuries existed in predominate numbers. Sadly, yet today, even as the 21st century dawns, it is rare, even in the western democracies, to find many people who are independently working through for themselves and taking fixed positions on important political concepts such as democracy, freedom and government. For democracy to work there must, as a prerequisite, be a people educated and be a people ready to inform themselves of the great issues which face them. Unfortunately, a politically educated public, this important ingredient to the proper working of democracy, is missing. First off, it must be recognized, that the Park / Picnic country is not run, at least not in between elections, with the executive checking with the people by way of referenda (as the Swiss do). However, the people who possess government power and who would like to keep it, are bound to proceed on the basis of Resume & Premium Templates popular opinion; the difficulty is that public opinion arises as a result of an agenda which is set by minority groups to which vote chasing politicians cow, a process which is generally aided and abetted by an ignorant press. [Proper political conclusions] cannot be had by Running Templates,, glancing at newspapers, listening to snatches of radio comment, watching politicians perform on television, hearing occasional lectures, and reading a few books. It would not be enough to make a man competent to decide whether to amputate a leg, and Templates || Free Templates it is not enough to qualify him to choose war or peace, to arm or not to arm, to intervene or to withdraw, to fight on or to negotiate. . When distant and unfamiliar and complex things are communicated to great masses of people, the truth suffers a considerable and Resume Objective Examples - Template often a radical distortion. The complex is made over into the simple, the hypothetical into the dogmatic, and the relative into Resume & Premium Templates an absolute. . the public opinion of & Predictive Analytics Avoid masses cannot be counted upon to 29+ Teacher Templates apprehend regularly and promptly the reality of things.

There is an inherent tendency in opinion to Skills Online Report| Management feed upon rumors excited by our own wishes and fears. (Lippmann, The Public Philosophy , p. 25.) We should never hope or aim to choose a bully, but the elective process will give no guarantee that the people will not end up with one. Democracy, no matter its imperfections, is a way by which the people can bloodlessly turn out leaders; but, the democratic process will only 29+ Teacher Resume & Premium Templates, work with the consent of the leaders. The best that can be expected of a constitutional democracy, the best that can be expected by Sentiment Analysis & Predictive Analytics This, any political system, is a process by which the people turn up a leader or leaders which are prepared to deal with both the bullies amongst us and those at our borders. Templates || Free & Premium. Hopefully, the leader or leaders, so turned up by the democratic process, do not turn out to be a worst set of bullies then that which might exist in an ungoverned state. Log Template & Premium Templates,. If, in the democratic process, an elected leader turns into a bully; well, then, one should not rely on democracy, except as a rallying cry, to turn him out.

To turn out a powerful bully, great quantities of spilt blood are needed. 6 Democracy, Government, and Freedom:- Democracy, in || Free my view, is only compatible with a free economy; it can only exist, in substance, in Resume Examples an economy of 29+ Teacher Resume Templates || Free & Premium ideas. Claim Form 1500 Images - Reverse Search. Like a fish to water, democracy can only Resume Templates || Free Templates, exists in a total atmosphere of freedom of Hearts Abstract Powerpoint Backgrounds 0111 action; it is completely incompatible with a system that provides for a governing authority with coercive power. If one accepts (anarchists, for example, do not) that a government, to Resume Templates & Premium Templates some extent or other, is necessary for a civilized society, then it is to be recognized that the business of governing (as apart from the business of Leadership Skills Inventory 360 - Report| electing representatives) cannot be conducted in democratic matter. Lippmann deals with this problem: . there has developed in & Premium Templates this century a functional derangement of the Running Log Template Templates, relationship between the mass of the 29+ Teacher Templates & Premium Templates people and Leadership Skills Online Sample the government.

The people have acquired power which they are incapable of exercising, and the governments they elect have lost powers which they must recover if they are to govern. What then are the true boundaries of the people's power. 29+ Teacher Templates || Free Templates. They can elect the Abstract Backgrounds And Templates 0111 government. They can remove it. They can approve or disapprove its performance. But they cannot administer the government. They cannot themselves perform. They cannot normally initiate and 29+ Teacher || Free propose the necessary legislation. A mass cannot govern.

Where mass opinion dominates the Log Template Free & Premium government, there is a morbid derangement of the true functions of 29+ Teacher Resume Templates || Free & Premium Templates power. The derangement brings about the enfeeblement, verging on paralysis, of the capacity to govern. This breakdown in the constitutional order is the cause of the precipitate and catastrophic decline of Western society. It may, if it cannot be arrested and reversed, bring about the fall of the West. ( Op. cit. Analysis Avoid. , pp. 14-5.) The notions of freedom and of democracy, we might reasonably conclude, rest on the same foundations.

This is not the case for the concepts of 29+ Teacher Templates & Premium government and freedom: they will have nothing to Leadership Inventory 360 - Online Sample do with one another: they work against 29+ Teacher & Premium Templates one another. Law Enforcement - Template. The principal business of government is the taking of freedom away from people; it is how government achieves its ends. 7 - The Press and Democracy:- To begin with: those charged with informing the Templates public, such as our journalists, should very carefully examine the expert evidence that is thrown their way. Our government experts must be cross-examined and asked if they have any interest in the outcome? The answer is that most of them do -- if, for no other reason, than they are in the pay of the & Predictive Analytics This government, as either; bureaucrats, lodged in the upper end of the government echelon; or those resting in & Premium publicly funded universities; or those who are in the social welfare business. The result of the syndrome is predictable, for, as the public conflict grows, people come to doubt expert pronouncements. Normally people primarily judge the Abstract Powerpoint propositions before them in 29+ Teacher a most obvious way, by their source. Invitation / Picnic Invitation Invitation /. For example, Of course she claims oil spills are harmless - she works for Exxon. Templates Templates. Of course he says Exxon lies - he works for Nader.

When established experts lose credibility, the demagogues take over and we are left in our mass democracy with groups trying to outshout one another. When their views have corporate appeal, they take them to the public through advertising campaigns. When their views have pork-barrel appeal, they take them to legislatures through lobbying. When their views have dramatic appeal, they take them to the public through media campaigns. Groups promote their pet experts, the battle goes public, and quiet scientists and engineers are drowned in the clamor. Analysis Analytics For Trading.. Do the important issues get debated in the mass media? Some things seem to work well enough without any notice being taken by the public: and, often, these are the most simple and important workings of society such as family cooperation. In the media, as in human consciousness, one concern tends to drive out another. This is what makes conscious attention so scarce and precious. Our society needs to identify the facts of 29+ Teacher & Premium Templates its situation more swiftly and Running & Premium reliably, with fewer distracting feuds in the media. 29+ Teacher Resume Templates & Premium Templates. This will free public debate for its proper task - judging procedures for finding facts, deciding what we want, and Log Template | Download & Premium Forms helping us choose a path toward a world worth living in.

I now deal with the concept, the people: and, in particular Burke's notion that it consists of not just the || Free aggregate of living persons, but; those that are dead and those who are to be born. That is why young men die in Colorful Hearts Powerpoint 0111 battle for their country's sake and why old men plant trees they will never sit under. This invisible, inaudible, and so largely nonexistent community gives rational meaning to 29+ Teacher || Free & Premium the necessary objectives of government. / Picnic / Kids Park. If we deny it, identifying the Resume Templates people with the prevailing pluralities who vote in order to serve, as Bentham has it, their pleasures and Abstract Powerpoint And Templates 0111 their security, where and what is the nation, and whose duty and business is 29+ Teacher || Free Templates it to defend the public interest? Bentham leaves us with the state as an arena in which factions contend for their immediate advantage in the struggle for survival and domination. Without the invisible and transcendent community to bind them, why should they care for posterity? And why should posterity care about them, and about their treaties and their contracts, their commitments and their promises. Yet without these engagements to the future, they could not live and work; without these engagements the fabric of society is unraveled and shredded. (Lippmann, Op. cit. , p. 36.) 9 - Virtual Representation:-

Edmund Burke was an exponent of virtual representation.9 The idea is that - those who do not have the franchise or those who cannot have it by custom or law (i.e., for reasons such as they are infants; or, indeed, are unborn) -- are, nonetheless, represented by those exercising government power. When one thinks it through, one is Log Template Free Forms bound to come to the conclusion that it is pretty presumptuous to strike on a legislative course, not knowing the Templates || Free degree or type of impact which such a course will have on those generations which stretch out (we hope) much beyond that time which will mark the current generation's departure from this life. All that I can see of democracy's role is to put into Log Template place those people; who, in a very general way, represent the views of the majority, or rather the views of the party to whom they owe their advancement. This of 29+ Teacher Resume Templates Templates course is a recipe for the oppression of the Inventory 360 - Sample Report| minorities (no matter from which strata of Resume || Free society they come; and, no matter whether any particular individual from within society likes the party policies, or not). -- Is democracy workable? -- Can it work at all? For a free and democratic nation to work, a politician must, in the first place and right off the bat, in Powerpoint Backgrounds an honest fashion, convince the electorate that democracy is what they need, if they are to get what they want -- optimal human conditions for the medium term. The reality of things, with no exceptions that I can think of, is that what people desire is the soft and Resume Templates & Premium the easy; what is needed is the hard and the difficult (if only to achieve the soft and the easy). Faced with these choices between the Leadership Skills 360 - Online Sample Report| hard and the soft, the normal propensity of democratic governments is to please the largest number of voters. The pressure of the 29+ Teacher Templates & Premium electorate is normally for the soft side of the equations.

That is why governments are unable to cope with reality when elected assemblies and mass opinions become decisive in the state, when there are no statesmen to resist the inclination of the voters and Leadership Online Sample Report| there are only politicians to excite and exploit them. There is then a general tendency to be drawn downward, as by the force of gravity, towards insolvency, towards the 29+ Teacher Resume & Premium Templates insecurity of factionalism, towards the erosion of liberty, and towards hyperbolic wars. (Walter Lippmann, pp. 45-6.) Much is asked of democracy: for while by Search, definition no one within a democracy is to have special privileges; it, as a system, is to accommodate all groups of people, no matter how unalike they may be, one to 29+ Teacher Resume Templates & Premium Templates the other. Hearts Abstract And Templates 0111. It may be that democracy can only Resume || Free & Premium Templates, work where the great mass of Park / Picnic Park / people are alike, or at least striving to be alike. This may be the reason why, through the years, democracy has worked so well in || Free & Premium countries such as Canada and the United States. Historically, the United States (and Canada as well) was the great melting pot where newcomers came: -- their wish was to Leadership Skills Inventory Sample Report| Management be American (Canadian) and to & Premium Templates raise their children as Americans (Canadians).

However, there are now signs that democracy in our countries, as a system, is breaking down. More and more, it seems, there are groups, particularly in Law Enforcement Objective - Template Canada, which arise and Resume Templates & Premium Templates are no longer content to strive to stay in the common middle and Law Enforcement Resume share common ideals, but rather they diverge; and, this divergence, unfortunately, has been supported by government action in a combined effort to hold and Resume Templates || Free & Premium promote distinctiveness of these existing and emerging groups. The reality is that we are forever fixed with a oligarchy (government of the few) masquerading as a democracy. The purpose of the ruling few is to execute its constitutional functions, which, because democracy is unworkable, should be tightly circumscribed. The ideal of democracy is to be promoted, as it has been, to the rulers and the ruled, as a sacred icon; never mind that it cannot be used to put a society into action, to pass laws, and never mind that it rarely will cast up honest and wise leaders; it is, in the final analysis, a system that will routinely and expensively rotate those in charge; a manner of bloodlessly changing the guard. Charming Form of Government:- Democracy, which is a charming form of government, full of variety and disorder, and dispensing a sort of equality to equals and unequals alike. (Plato.) Democracy Socialism:- Democracy and socialism have nothing in common but one word: equality. Sentiment Analysis For Trading. This. But notice the difference: while democracy seeks equality in Resume & Premium Templates liberty, socialism seeks equality in restraint and servitude. (Alexis de Tocqueville, in a speech to the French Assembly, September 12, 1848.) Conflict: Democracy Liberty:- Perhaps, before going further, I should say that I am a liberal democrat and Leadership Skills 360 - Online Management have no wish to disenfranchise my fellow citizens. 29+ Teacher Resume Templates & Premium Templates. My hope is that both liberty and democracy can be preserved before the one destroys the Medical Claim Form Images Search other.

Whether this can be done is the question . (Walter Lippmann, 1889-1974.) Conflict: Democracy Effective Administration. The scheme of parochial and club governments takes up the state at the wrong end. Templates Templates. (1791, Burke, as quoted by OED.) Democracy is the worst form of Analysis Analytics For Trading. government. It is the most inefficient, the most clumsy, the most unpractical. . It reduces wisdom to impotence and secures the triumph of folly, ignorance, clap-trap and demagogy. . Yet democracy is the only form of Templates social order admissible, because it is the only one consistent with justice. (Robert Briffault, Rational Evolution , 1930.) Herd Confused: The People. And what are the people but a herd confused, A miscellaneous rabble who extol Things vulgar, and well weighed, scarce worth the praise? They praise, and they admire they know not what, And know not whom, but as one leads the other. (Milton.) Democracy: The High Ideal. Sentiment Analytics For Trading. This. . we must remember that no code or social legislation, no written law, can of 29+ Teacher Resume Templates || Free & Premium itself guarantee true democracy and | Download Free & Premium Templates, Forms preserve liberty.

The spring can rise no higher than it source. Democracy must continue to be fed from the altitude of the high ideals that founded it. 29+ Teacher Resume Templates || Free. . Democracy is Medical Images Search a spirit. [Stephen Leacock, Our Heritage of Liberty (London: Bodley Head, 1942) pp. Templates Templates. 60,74.] Not All the People are Equal. The free inhabitants of Medical - Reverse Search each of these states, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and Resume || Free immunities of free citizens in the several states. (U.S. Articles of Confederation, 1777.) Thoreau's Civil Disobedience: Click for separate document.

Federalist Papers: Click for separate document. Leadership Skills 360 - Management. Thucydides, History of the Peloponnesian War: Click for || Free & Premium Templates, separate document. | Download Templates,. Plato's Laws: Click for separate document. Walt Whitman: Click for separate document. Thomas Hobbes' Leviathan: Click for separate document. Edgar Allan Poe's Marginalia: Click for separate document. Anatole France's Penguin Island: Click for Resume || Free, separate document. Edmund Burke's Reflections on the Revolution in France: Click for separate document.

John Stuart Mill's Representative Government: Click for separate document. Jose Ortega y Gasset's Revolt of the Masses: Click for separate document. Thomas Paine's Rights of Man: Click for separate document. 2 It was Edmund Burke (not Churchill as so many believe) who first said that democracy is the only tolerable form into which human society can be thrown . 3 The British settlers, on coming to colonize the eastern seaboard of the North American continent, arrived with but a few physical possessions; what they did have, in Analytics Avoid full measure, was their love of Resume || Free & Premium freedom, a condition which very much defined them. The roots of democracy and 1500 - Reverse Search freedom for all western democracies are planted in the rich history of Britain beginning with the Magna Carta . Enough to point out that when Captain Christopher Jones and his officers, together with their crew and their passengers disembarked from the Mayflower , in December of 1620, the pilgrims drew up a compact that provided for the government of the colony by the will of the Templates majority. 4 The English Constitution (Oxford University Press, 1928) at p. Running Log Template | Download & Premium Forms. 130. 5 In fact there is no specific date to which we can point. Human rights, a subject I deal with elsewhere, came about only through deep and long struggles culminating in historical declarations such as the Magna Carta (1215) and the Petition of Right (1628, A man cannot be compelled to 29+ Teacher Resume Templates Templates give evidence against himself); but it is only with English Bill of Rights in Invitation / Kids 1689 that we see any real progress in the evolution of law designed to protect the rights of the normal citizen.

With the defeat of James at the Battle of the Boyne , the claim of divine right or hereditary right independent of law was formally brought to 29+ Teacher Resume || Free an end. Colorful Abstract Powerpoint Backgrounds And Templates 0111. Ever since, an English monarch is as much the creature of an act of parliament as the pettiest tax-gatherer in his realm. (Green, vol. IX, p. 58.) 6 We do not want our medical doctor doing what we want; but, rather, in the final analysis, what the doctor thinks is best for our health and our life. 7 Freedom and the Law (Indianapolis: Liberty Press, 3rd Ed., 1991.) at p. 122. 8 There is & Premium Templates nothing new about this line of thinking, see John Stuart Mill. John Buchanan (The Nobel Laureate in Economic Science in 1986) and Gordon Tullock in their work, The Calculus of Consent , have shown in an irrefutable way that whenever a minority is well organized and determined to bribe as many voters as necessary in Colorful Abstract And Templates order to have a majority ready to pass a desired decision, the 29+ Teacher || Free majority rule works much more in favour of such minorities than is commonly supposed. (Leoni, Op. cit. , p. 242.) 9 See Burke's speech, On the Reform of the Representation of the Commons in Parliament (1784). 10 Devonshire was a great maritime county when the foundations of our representation were fixed; Somersetshire and Wiltshire great manufacturing counties. The harsher climate of the northern counties was associated with a ruder, a sterner, and a sparser people. [Bagehot, Op. cit. , at p. 146.] 11 In 1830 the British Commons represented an electorate of about 220,000 out of a total population of approximately 14 million, or about 3 percent of the adult population. (See Leoni, Op. cit. , p. 115.)

13 It was Sir William Temple (1628-99), one of the architects of the Glorious Revolution, who was of the view that states often fell under Tyrannies, which spring naturally out of Popular Governments. Inventory 360 - Online Sample Report|. Since, this observation has proved to be true, time and time again.

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Essay: A Doll#039;s House by 29+ Teacher || Free & Premium Henrik Ibsen. The play ‘A Doll’s house’ is a three act play written by Henrik Ibsen. The play is significant for Law Enforcement, its critical attitude toward 19th century marriage norms. 29+ Teacher Resume! It aroused great controversy at the time, as it concludes with the protagonist, Nora, leaving her husband and children because she wants to discover herself. Ibsen was inspired by the belief that “a woman cannot be herself in modern society,” since it is “an exclusively male society, with laws made by men and Analysis & Predictive Analytics This, with prosecutors and judges who assess feminine conduct from a masculine standpoint. Henrik Ibsen, considered by Templates || Free & Premium many to Leadership 360 - Online Sample Management, be the Resume & Premium father of modern prose drama, was born in Skien, Norway, on Running | Download Free Templates,, March 20, 1828. He was the second of six children.

Ibsen’s father was a prominent merchant, but he went bankrupt when Ibsen was eight years old, so Ibsen spent much of his early life living in poverty. From 1851 to 1864, he worked in 29+ Teacher Templates & Premium, theaters in Bergen and in Resume Objective Examples, what is now Oslo (then called Christiania). At age twenty-one, Ibsen wrote his first play, a five-act tragedy called Catiline. Like much of his early work, Catiline was written in verse. In 1858, Ibsen married Suzannah Thoreson, and eventually had one son with her. Ibsen felt that, rather than merely live together, husband and 29+ Teacher Resume & Premium, wife should live as equals, free to become their own human beings. This belief can be seen clearly in A Doll’s House. In A Doll’s House, Ibsen paints a bleak picture of the sacrificial role held by women of all economic classes in his society. Colorful Abstract And Templates 0111! In general, the play’s female characters exemplify Nora’s assertion (spoken to Torvald in Act Three) that even though men refuse to sacrifice their integrity, ‘hundreds of thousands of women have.’ At the || Free & Premium beginning of A Doll’s House, Nora seems completely happy. She responds affectionately to Colorful Powerpoint Backgrounds, Torvald’s teasing, speaks with excitement about the extra money his new job will provide, and takes pleasure in 29+ Teacher Resume Templates || Free, the company of her children and Resume Examples - Template, friends.

She does not seem to mind her doll-like existence, in which she is coddled, pampered, and patronized. Protagonist, Nora, seems like a bit of a ditz. When her husband, Torvald, calls her things like his “little squirrel,” his “little lark,” and, worst of all, a “featherhead,” she doesn’t seem to mind (1.5-1.16). In fact she seems to enjoy and Resume || Free & Premium Templates, even play into it. When Torvald first calls her a spendthrift, we’re inclined to agree. So far, we’ve seen her give the porter an overly generous tip, come in Claim Form Images Search, with tons of Christmas presents, and shrug at 29+ Teacher Resume || Free & Premium the idea of Leadership Skills 360 - Online Sample Report| Management incurring debt.

Soon, though, we see that Nora has a lot more going on than we first imagined . Templates || Free & Premium Templates! On the other hand the other female in the play, Christine is Log Template Free a tough, world-wise woman. This lady has been through a lot. She tells Krogstad, “I have learned to act prudently Life, and Templates & Premium Templates, hard, bitter necessity have taught me that”. In this paper I want to show that at time women used to sacrifice everthing for their husbands. Still then they were not considered to know the aspect of the world. As like nora , she did everything she can for Sentiment Analytics Avoid, her husband that she can. SACRIFICE BY NORA. As the play progresses, Nora reveals that she is Resume Templates || Free & Premium not just a ‘silly girl,’ as Torvald calls her. That she understands the | Download Forms business details related to the debt she incurred taking out a loan to preserve Torvald’s health indicates that she is intelligent and possesses capacities beyond mere wifehood.

Her description of her years of secret labor undertaken to pay off her debt shows her fierce determination and Templates || Free Templates, ambition. Additionally, the fact that she was willing to / Picnic / Kids, break the 29+ Teacher Templates & Premium law in order to ensure Torvald’s health shows her courage. Krogstad’s blackmail and the trauma that follows do not change Nora’s nature; they open her eyes to her unfulfilled and underappreciated potential. ‘I have been performing tricks for you, Torvald,’ she says during her climactic confrontation with him. Running | Download Free Forms! Nora comes to realize that in 29+ Teacher Resume || Free & Premium, addition to her literal dancing and Colorful Hearts Powerpoint And Templates 0111, singing tricks, she has been putting on a show throughout her marriage. 29+ Teacher Templates || Free Templates! She has pretended to Claim Form Images - Reverse Search, be someone she is not in order to fulfill the role that Torvald, her father, and society at large have expected of her. Though Nora is economically advantaged in comparison to the play’s other female characters, she nevertheless leads a difficult life because society dictates that Torvald be the 29+ Teacher Templates || Free & Premium Templates marriage’s dominant partner. Torvald issues decrees and condescends to Colorful Hearts Powerpoint Backgrounds, Nora, and Nora must hide her loan from him because she knows Torvald could never accept the idea that his wife (or any other woman) had helped save his life. Furthermore, she must work in secret to pay off her loan because it is illegal for a woman to obtain a loan without her husband’s permission. By motivating Nora’s deception, the 29+ Teacher Resume & Premium attitudes of Torvald’and society’leave Nora vulnerable to Krogstad’s blackmail. De Beauvoir argues that throughout history, woman has been viewed as a ‘hindrance or a prison’.

Nora’s abandonment of her children can also be interpreted as an act of self- sacrifice. Despite Nora’s great love for Invitation Invitation /, her children’manifested by her interaction with them and || Free Templates, her great fear of Sentiment For Trading. Avoid corrupting them’she chooses to leave them. Nora truly believes that the nanny will be a better mother and 29+ Teacher Resume || Free, that leaving her children is in their best interest. Nora’s understanding of the meaning of freedom evolves over Medical Images Search the course of the play. In the first act, she believes that she will be totally ‘free’ as soon as she has repaid her debt, because she will have the opportunity to devote herself fully to her domestic responsibilities. 29+ Teacher Resume || Free & Premium Templates! After Krogstad blackmails her, however, she reconsiders her conception of freedom and questions whether she is happy in Torvald’s house, subjected to his orders and edicts. By the end of the play, Nora seeks a new kind of freedom. She wishes to be relieved of her familial obligations in order to pursue her own ambitions, beliefs, and Medical Claim Form 1500, identity.

Mrs. Resume Templates || Free! Christine linde , In her younger days, she had to sacrifice love for Resume Objective Examples - Template, the sake of her family. Rather than marrying the dashing young Nils Krogstad, she married a businessman, Mr. Linde, so that she could support her sick mother and her two younger brothers. In order to sever herself from Resume Templates || Free & Premium Templates, her beloved Nils, she wrote him a nasty note saying that she didn’t love him anymore. (A little harsh, Christine.) Now her brothers are all grown up and her mother is dead.

Her husband has passed away, too. Form 1500 Images - Reverse Search! Mr. Linde’s business went kaput after he died and she’s had to 29+ Teacher Resume || Free & Premium, work a lot of crumby jobs. Free & Premium Forms! Still, Christine is finally free. It’s true that Christine is free from the responsibilities of family, but she absolutely hates it. She’s not happy again until she reunites with Nils, telling him “I want to be a mother to & Premium Templates, someone, and your children need a mother.

We two need each other”. It might be seen as tragic: women are so programmed by society, that the only thing they know how to do is be a homemaker. On the Park / Picnic Invitation Park Invitation other hand, it’s not like Christine is making this decision from a place of ignorance. Unlike Nora, Christine is well aware of what life is like without men. The major difference between Christine’s new relationship and that of the Helmers seems to be that Christine and Krogstad are entering into Templates it as equals.

Perhaps, the union of Analysis Avoid This Nils and Christine is 29+ Teacher & Premium Templates Ibsen’s example of Medical Form “the most wonderful thing of all,” which Nora defines as “a real wedlock” A Doll’s House ends with the slamming of a door. Nora turns her back on her husband and kids, and takes off into the snow to 29+ Teacher Resume Templates || Free & Premium Templates, make her own way in the world. It’s a pretty bold decision, to say the least. Some might even call it foolish. She doesn’t have a job. Not a whole lot of Sentiment Analysis & Predictive Analytics Avoid marketable skills. No home. No prospects of any kind.

By making this choice, she’s ostracizing herself from the society she’s always been a part of. Most “respectable” people just aren’t going to hang out with her. The comfortable life she’s leading will be totally destroyed. So, why does she do such a thing? Nora makes he reason for her decision pretty clear in her last argument with Torvald.

Before she makes her grand exit, he scathingly criticizes her, saying that by deserting her husband and children she is forsaking her “most sacred duties” . Nora doesn’t see it this way. She tells him that the Templates & Premium Templates duties that are most sacred to her now are the “duties to [herself]” Furthermore, it can be debated that the male-female relationship in Invitation / Picnic / Kids Park Invitation /, A Doll’s House is 29+ Teacher Templates Templates based on Leadership Skills Inventory 360 - Online Sample Report|, a Master-Slave ideology which Friedrich Hegel, the 29+ Teacher Resume Templates || Free Templates great Enlightenment theorist, started. The relationship between Torvald and Helmer evolves according to a Master-Slave relationship. Hegel argues that the consciousness of one’s self as a self cannot be achieved except through confrontation with another.

Both Nora and her husband Torvald recognized their dependency on each other and that self-consciousness led to Nora’s awakening in the end. Thus, Nora’s character self was made through the dialectical special interrelationship between her and her husband on one side and between her and the patriarchal society on the other. Park Invitation! Hegel says that the Resume Templates || Free self ‘through supersession, receives back its own self, because, by superseding its otherness, it again becomes equal to itself; but secondly, it equally gives the other self-consciousness back again to itself, for Leadership Skills Inventory 360 - Online Sample Report| Management, it saw itself in the other, but superseded this being of itself in the other and thus lets the other again go free.’ First Nora acknowledges Torvald as her master and she dutifully assumes her role as the slave who is dependent on her master. After the confrontation, Nora realizes the master’s dependency on her which leads her to supersede him and be free of him. After reading ‘A Doll’s House’ by 29+ Teacher || Free Hendrik Ibsen. I can conclude that there is both a parallel and a contrast structure in the characters of Mrs. Linde and Nora. Law Enforcement Objective Examples - Template! A contrasting difference in the characters, are shown not in the characters themselves, but the role that they play in their marriages. 29+ Teacher || Free Templates! These women have different relationships with their husbands.

Torvald and Running Log Template, Nora have a relationship where there is no equality. To Torvald Nora is an object. Hence, she plays the submissive role in a society where the lady plays the || Free Templates passive role. / Kids Invitation /! Her most important obligation is to Resume Templates & Premium Templates, please Torvald, making her role similar to a slave. He too considers himself superior to her. As for Kristine and Krogstad their relationship is much more open to Analytics For Trading., us. Resume Templates Templates! It is apparent that if Kristine and Park /, Krogstad were to engage in an argument, it is more likely that that they would come to 29+ Teacher Resume || Free, a compromise. A strong sign that Mrs. Linde brings us a better understanding of Nora is their parallel in characters. Both are willing to Sentiment Analysis & Predictive Analytics, sacrifice themselves for values dear to their lives.

This act of 29+ Teacher Resume || Free & Premium Templates aiding significant loved ones gives us a better understanding of Nora. It gives us an image of Claim Form Images Search who the 29+ Teacher Templates || Free & Premium Templates character Nora really is. Mrs. Linde shows her loyalty to her family when she did not think that she ‘had the right’ to Park Invitation / Picnic Park, refuse her husband’s marriage proposal. After taking into consideration her sick mother, her brothers, and Krogstad having money. She married for the welfare of Resume Templates || Free her family. Which means that in this society family is top priority. To the women is | Download Forms this era, loyalty to their loved ones is highly expected.

Then, we have Nora, who on the same token saves her husband (Torvald’s) life, which portrays again, the trend of women sacrificing for 29+ Teacher Resume Templates || Free Templates, their families. They both (Mrs. Linde and For Trading. Avoid This, Nora) express their feelings of pride and fulfillment in helping their significant others by sacrificing themselves. Nora’s character is made more obvious to us by Mrs. 29+ Teacher Resume Templates || Free! Linde’s actions. Not only did Nora open her mouth about Abstract Backgrounds saving her husband’s life, but she did it with the utmost pride. Claiming to have raised all the Resume Templates || Free & Premium Templates money herself she soaks in her self-importance. In Act 1, Nora seems to thrive on the pride she gets from borrowing the money.

I suppose that she is feeling useful for Park Invitation /, a change. It seems also, that Mrs. Linde comes off as superior to Nora because she feels that Nora has never done hard work in her life. Mrs. Linde is referring to the sacrifice she has made. She makes a remark about Nora still being a child. As if to 29+ Teacher Resume Templates, say that she was inexperienced. She is half-right. At the end of the play Nora agrees that is it ‘true’, She does not know much about the world and that if she is to learn, then she will have to experience that for herself. This remark tells us that Nora is capable of choosing herself over her husband. And that she has to be herself before she can be a wife or mom for that matter.

Norma Helmer is the Leadership Skills Sample Report| best illustration of the illusioned woman who lives in a society where the male oppresses the female and 29+ Teacher Resume || Free, reduces to a mere doll or plaything. Nora Helmer is that doll living in her fake doll house, which reinforces the fragile idea of a stable family living under a patriarchal and traditional roof. Sentiment Analysis & Predictive For Trading. This! One can argue that Nora Helmer and the other female figures portrayed in A Doll’s House are the best models of the ‘second sex’ or. the ‘other’ that the 29+ Teacher Resume Templates || Free Templates French revolutionary writer Simone de Beauvoir discussed in her essay, The Second Sex. It seems like Nora has gone through a kind of personal awakening. She’s come to the conclusion that she’s not a fully realized person. She has to spend some time figuring out who she is as an individual or she’ll never be anything more than someone’s doll.

This would be impossible under the smothering presence of Torvald. Yet, the doll house is shattered as well as Nora’s illusion. Abstract And Templates! The doll finally recognizes that her role has been nothing but the ‘Other’. She is aware that it is Templates & Premium she who agreed to the definition of the ‘One’ and the’ Other’. It’s a moment of profound awakening when Nora realizes that her husband values his reputation and job more than he values his love for her.

Torvalds’s resentment and accusations after knowing about what she had done comes as a blessing in disguise. We hear Torvald telling her, ‘For all these years, for eight years now, you’ve been my pride and joy, and now I find you’re a hypocrite and a liar, and worse, worse than that’a criminal! The whole thing is an abyss of ugliness! You ought to be ashamed.’ Simone de Beauvoir says that if the woman seems to be the inessential which never becomes the essential, it is because she herself fails to bring about the change. But here we tell De Beauvoir that Nora is willing to bring about the change. The harsh reality smacks her in the face; a wave of disillusionment wakes her up. Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom English Literature essay, dissertation or piece of coursework that answers your exact question? There are UK writers just like me on hand, waiting to help you. Each of us is qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question.

Just complete our simple order form and you could have your customised English Literature work in your email box, in as little as 3 hours. This English Literature essay was submitted to Park / Picnic Park /, us by Resume & Premium a student in order to help you with your studies. This page has approximately words. If you use part of this page in Sentiment Analysis For Trading. This, your own work, you need to Resume || Free & Premium Templates, provide a citation, as follows: Essay UK, Essay: A Doll#039;s House by Henrik Ibsen . Available from: http://www.essay.uk.com/essays/english-literature/essay-a-dolls-house-by-henrik-ibsen/ [03-10-17].

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