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AS and A Level: Comparative Essays. Meet our team of inspirational teachers. Get help from 80+ teachers and Pomfret, hundreds of thousands of student written documents. A Comparison Of 'Dulce Et Decorum Est' And 'Suicide In The Trenches' Suicide in the trenches focuses on the meaningless life in the trenches and that a quick death ends it all where as Dulce Et Decorum Est focuses on the suffering and torture of a slow death. Sassoon's style of poetry and language is simplistic when compared with Owen's. He states the bare facts and the wasted life of a soldier and Owen's style is more complicated and complex as effective and brutal imagery is conveyed into the reader's head. Writing Conclusion Of Hertfordshire (Navitas)? It conveys the horrors in details and the slow suffering of a victim of a unexpected yet dreaded gas attack. Presentation of essay on nature, Suffering in Dulce et Decorum est and The Sentry.

The selection of the words The sentry's body rather than simply The sentry gives the idea that the man's body fell down the steps first, and that his mind may have followed later, as if he were in method University, a trance, or were particularly panicked. Owen also uses description based on animals: In Dulce et Decorum est, the soldiers are compared with horses: But limped on, blood-shod. Essay? All went lame. Words such as den and herded in The Sentry give the idea that the situation is below the most basic standards of civilisation. Compare and contrast 'MCMXIV' by Philip Larkin and critically facione The Fessenden, 'Six Young Men' by Ted Hughes. 'MCMXIV' by essay writing, Philip Larkin Larkin's poem consists of four stanzas, each of eight lines. He also makes his poem dependent on only one pair of ending rhymes, on lines four and eight (Park/lark, play/day, men/again and the half-rhymes lines and how to essay University, limousines). This means that the poem is less structured than we expect and essay writing Pomfret School, sounds more natural when spoken out loud.

His title is in Latin numerals, MCMXIV because this is how the date 1914 would be carved on a war memorial. George and Lennie- COmparison and Contrast. Steinbeck differentiates George and Lennie from how to Monash University each other on writing on nature School their mental and physical appearance and thinking (Study, strength, George a small man and his opposite Lennie a huge man. On Nature School? In their physical appearance George was visualized with defined body parts and with strong features while Lennie with a shapelss face. In terms of think facione, mental ability, Steinbeck said that Lennie has a mild mental disorder that made him the weakest character in the novel. While George, compared to Lennie, he is the boss, he decides on everything they will do and Lennie depends on what he say. Discuss the ways in which the authors present child family relationships in writing on nature, Praise song for my mother and Childhood. children who were rough where he almost has connotations of blaming them for separation from what they thought were 'lesser' citizens, he tends to think critically The Fessenden, refer to the childhood he lived as a young boy who was bullied on his way to essay writing on nature Pomfret, and from school. How To Write Essay University? However when one delves deeper into the poem and attempts to read between the lines the reader can pick up a tone of blame, a tone of essay on nature Pomfret, resentment and critical University Group), a tinge of sorrow!

It would seem as though Spender, through his writing, is revealing his resentment towards his parents for isolating him from his peers, sheltering him from the real world and being overprotective! Poetry and Melancholy in Sheers Examination of Welsh Identity. However, these lyrical and pastoral influences must always be intertwined with a tragic note, since reliance on things such as the mining industry have resulted in a scarring of both the land and the people. Resistance and on nature School, Skirrid Hill reflect not only the aforementioned influences, but also the elegiac note of death, deterioration and disillusionment. Resistance tells the story of farm women in a remote Welsh valley, abandoned by their husbands, forced to write essay, toil the unforgiving land in order to survive. Larkin and Abse on relationships. The essay will discuss this contrast by essay writing, examing Larkins Whitsun Weddings, Wild Oats and Arundel Tomb, and Dannie Abses Imitations and Sons. As Larkin sat down on how to write a persuasive essay North Broward School the hot train seat he began to essay writing on nature Pomfret, feel a sense of relaxation.

At last he could sit quietly and make his observations. The brilliant sunlight was almost blinding and the heat had further heightened the smell emanating from the already very smelly fish dock. University Essay Help Catholic High School? So we can sense that the start of the journey is not scenic and the air is not aromatic but Larkin appears reasonably content about his forthcoming journey. In both In the Suburbs and Richard Cory, the poets present the concept that having money is not the Pomfret School most significant aspect of life. The poets' representations of a suburbanite and a rich man defy the classic view that achieving success and possessing money can make someone contented, because neither of the characters in the poems seem to be pleased with their situations. In both In the critical method Suburbs and Richard Cory, the poets present the concept that having money is not the most significant aspect of life. Living in the suburbs implies that one is neither extremely wealthy nor poor, yet the speaker of the poem is unhappy despite his stable lifestyle. Compare the ways in which Larkin and Abse write about memory and time. In your response you must include detailed critical discussion of at least two Larkin poems.

Another theme of Larkin is his dissatisfaction when looking upon his memories and the way in which time has defeated him and this is essay on nature evident in the repetition of how to essay Monash University, 'unsatisfactory'. In comparison, Abse looks back upon his life growing up in Cardiff in essay writing on nature School, 'Return to writing conclusion University of Hertfordshire, Cardiff' but he almost mocks his immaturity and his anticipation of what to expect, 'less a return than a raid', when he did look back on his childhood. Larkin's tone is much darker and Pomfret School, negative, for method of Groningen Group) example he says he 'idly' wasted his time when he reminisces. Larkin often seems to writing on nature, criticise society. In the light of how to write essay, this statement, what connections have you found between the ways in which Larkin and Abse write about the society in which they live? In your response include at least two of Larkins. Abse is essay writing Pomfret School also very proud of the society from writing a descriptive about a place University of Central which he grew for example he is writing on nature Pomfret proud of being Welsh.

Larkin labels and stereotypes the working class with a superior view in Nothing To Be Said, for example in a descriptive a place University of Central, the first stanza he describes the essay Pomfret working class as 'small-statured cross-faced tribes', giving the impression that he views the working class as poorly developed, and a sense of savagery and it is possible to assume that Larkin viewed them as not very intelligent also. A comparison of Andrew Marvlls Bermudas and Richard Lovelaces To Althea, From Prison. This would have been for his own safety, as the poem was written at a time when criticism of Cromwell was punishable with imprisonment. The poem concludes in another quatrain, once again from the perspective of the narrator. Although it appears rather optimistic in about a place of Central, tone, 'Thus sang they. An holy and a cheerful note,' the essay School fact that the The Fessenden School sailors are still rowing, 'with falling oars they kept the time,' suggests that they have not landed on the grassy stage mentioned in the song. How do poets celebrate life? Two poems that discuss moments or situations where life can be celebrated are Thomas Hardys Beeny Cliff and After reading in a letter proposals for building a cottage (Cottage) by John Clare. The positive impact of nature is also evident in the first stanza of Beeny Cliff as he describes the opal and the sapphire of that wandering western sea. The sea being described with the appearance of precious and beautiful gemstones shows he is impressed by it, as well the alliteration and personification of wandering western which rolls off the essay writing on nature tongue paints an affectionate picture of the ocean.

There are many other positive natural references with John Clare describing his small enclosed garden, flowers that blossom sweet and the sweeping swallows; while Thomas Hardy mentions the clear- sunned March day and about University, how the sun bursts out again. Herbert Donne compared- an inadequate relationship to God. Herbert's poetry, is rather straightforward and plain and doesn't contain much complexity, save structurally, and it may be because they are devotional poems to God, and he thus keeps it simple so as to humble himself. On Nature School? The piety of his poetry is really understandable, given that he was in fact a minister until his death in 1633, even choosing to how to write essay Monash, become a rural vicar in favour of his position as Member of Parliament. Suffering from tuberculosis in essay on nature, his later years, it is clear that he became more aware of his mortality and consequently more devout, which is evident in Virtue. Compare how each poet writes about nature in Spring by Hopkins and How the old Mountains drip with Sunset by Dickinson.

Even though both poems have different rhyme schemes they both suggest that nature is a beautiful and writing essay about a place of Central Florida, wonderful thing. Writing On Nature Pomfret? In How the old Mountains drip with Sunset and Spring Dickinson and Hopkins both use linear letters to evoke the significance and individuality of nature. Writing A Descriptive Essay A Place? Dickinson uses supernatural imagery, By the Wizard Sun. Whereas Hopkins uses religious imagery, Christ, lord. Even though both poets use different imagery techniques they both convey the same outcome; that nature is amazing and something simple did not create it but a superhuman being did as nothing mortal could create something as beautiful. Hopkins uses a simile and alliteration to convey how beautiful nature is. I Wandered Lonely as a Cloud I will in this essay present a short introduction of the romantic hero, the poet, and the significance of the depiction of nature.I will also discuss William Wordsworths ability to convey the beauty of the daffodils. Pomfret School? The romantic hero animates feelings and is able to create and use his imagination far better than ordinary people. The poet is often the protagonist in writing a descriptive essay about a place of Central, his own works and only the romantic poets have the ability to convey what they see. Nature is morally uplifting and according to William Wordsworth, nature is essay Pomfret School a better teacher than books. People take the beauty of how to Monash, nature for granted and cannot see the beauty in the same way as the romantic poets can see it.

Next I will characterise the poet and elaborate on his experience of the daffodils. In the opening line the essay writing Pomfret School poet says he wandered lonely as a cloud (Stanza 1, l 1). Discuss how Carol Ann Duffy and think critically The Fessenden School, Sheenagh Pugh explore the concept of journey in their poetry. 'River' (At the turn of the river the language changes), 'The Way My Mother Speaks' (The train this slow evening / goes down England), and 'In Your Mind' (The other country). Moreover, enjambment is utilised throughout the poem; for example, Do I only essay writing on nature Pomfret / think / I lost a river, culture, speech in university Catholic, order to visually represent flow, reflecting the physical sense of writing, movement in a journey. Compare the ways in which Duffy and Pugh write about violence. Writing Conclusion For Essay University? In your response, you must include detailed reference to at least two of Duffys poems. The aforementioned 'God complex' is augmented later in the stanza by the verb phrase, I am going to essay writing on nature School, play God which directly references the omnipotent supernatural deity as though the narrator has the power to wreak endless havoc, and thus use any conceivable level of writing conclusion for essay of Hertfordshire, violence, as she wishes. This is furthered by on nature Pomfret, the use of Biblical language, such as, I see that it is good. Consequently, the reader realises that the narrator's violence stems from a place University of Central her deluded state of mind; a potential interpretation of School, this is that Duffy's dissatisfaction with the Thatcher-run government of the 1980's inspired her to.

Compare the way Larkin and Plath present human relationships in writing for essay University of Hertfordshire, their poems. This represents that they have history together and the fact that they can't talk to each other shows they are not as close as they once were. The use of the writing on nature School word 'emblem' symbolises the relationship between two people which is shown by the act of lying in bed together. It may also refer to what is supposed to be ideal, which is being together, however this is University of Groningen overshadowed by the ordinary and mundane life that they lead, therefore 'emblem' is ironic as Larkin is actually describing the opposite of this idea. affair she had soon after her and Ted Hughes split ' - The child's cry melts in the wall not only suggests that when with her alleged lesbian partner she's free for the burden of motherhood and can just focus on their passion but also that when being in a homosexual relationship the possibilities of conceiving a child are none an therefore there is no-one else to detract from the Pomfret bond and overwhelming desire that the 2 have for each other. By comparing 'School for think critically Scandal' and essay writing Pomfret, 'Rape of the Lock' explore the difference between wit and malice. The use of heroic couplets satirizes the vanity of society that has turned grand creatures into frivolous items. It is writing essay about Florida a clear use of bathos where the grand is writing Pomfret School brought down to an anti climax. This is compounded in the list of items upon writing conclusion for essay University of Hertfordshire (Navitas) her toilet 'Puffs, powders, patches, Bibles, billet-doux'. Pope emerges the highly important item of the bible amongst the less auspicious puffs, powders, patches to comment on society's (and women in School, particular's) lack of priorities or moral standards. How To Write Monash University? The use of alliteration furthers this satire by placing more emphasis on the 'B' in School, bibles which breaks the pattern.

Based on his appearance he is not your typical hero, especially when he was tall and writing essay a place Florida, thin with a gipsy coat of red and yellow. However, the Pied Piper did turn out to be a hero and essay on nature Pomfret School, was also a man of writing conclusion for essay University of Hertfordshire (Navitas), action. He said he would get rid of the rats and he went straight to essay on nature Pomfret School, them and killed them, straight to the point. He did not mess up at all and writing about a place of Central Florida, let a few rats get away, there was only one rat who survived, with that one going off to tell other rats what had happened. Examine the use of the essay on nature dramatic monologue in facione The Fessenden, the poetry of Carol Ann Duffy. Midas tells the untold story of the well-known Greek myth King Midas, who is miraculously, granted the wish of turning everything he touches into essay writing gold. As with all the poems in The World's Wife, the title is a clear giveaway of what the poem is about to entail, and this is no different.

Mrs. Midas, the wife of King Midas is the persona of this particular monologue and here she voices her thoughts on her husband's newfound ability. The kitchen filled with the smell of itself. How could Mrs Faust represent how moral values are changing in modern society? However, as the poem progresses, the reader learns that the university help Catholic High couple wanted wealth and the use of we by Duffy turns into the use of I and he showing that as they got richer and their lifestyle became more and more wealthier, Mrs Faust felt her marriage begin to decay and feels the gap between them widen.

This shows that in the beginning she was happy with her marriage but when they both started wanting material possessions and writing, Faust began chasing the dream, even though they had everything that a person could wish for, they stopped being happy, prompting the. How To Write Essay Monash? Consider the essay writing Pomfret School writers thoughts and feelings about identity and writing for essay, the ways in which she expresses them, now compare this to those in A Streetcar Named Desire. A. Because it is two cities divided by a river. Essay School? It almost sounds like a joke that a child would tell to Monash University, its friend but Carter used the question and answer format because she wants the reader to enigmatically question the essay writing School narrator. The answer gives the reader a feeling of division and tells them that Dora is a person who feels segregated living in a lower class area. Similarly, in 'A Streetcar Named Desire', Williams presents the character of Blanche as a woman who subverted her gender stereotype and is now rejected and looked down upon by society. Analyse the ways in which Tony Harrison presents the theme of family relationships in Long Distance one and two. This provides a contrast between the how to essay Broward Preparatory two poems and how they differ in the representation of the family relationships. Essay Pomfret? As we read on, it seems that the first poem is a concise conversation of writing conclusion for essay of Hertfordshire (Navitas), a father and his son, speaking of the grievance which the father has on account of his wife dying. For the son, this does not seem to be as big of a problem to him, which could therefore portray the emotional distance between the writing Pomfret School narrator and his family. This is also suggested through the possibility of the son, also living a distance away from his father.

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title. How well do you think these conclusions address the title or question? Answering these questions should help you find out. Do they use key words from the university essay Marian School title or question? Do they answer the question directly? Can you work out the question or title just by reading the conclusion? In conclusion, these two poems use time and its effects in very much the same way; they both talk about time#039;s inevitability and its effects on beauty and life but they present very different solutions to this problem.

It is not a coincidence that both poems have time as a theme because they were written during the 17th century, a time when people were very aware of the increasing proximity of death and writing on nature School, the rapid passing of write Monash, time. In conclusion, I would say that I prefer Philip Larkin#039;s poem MCMXIV to Ted Hughes#039;s Six Young Men. Ted Hughes#039; poem felt very repetitive sometimes. I thought he was saying the same thing over and over again at the end of every stanza without making his message deeper or more interesting. The violence is also too graphic and doesn#039;t really move me. Larkin#039;s view of the essay Pomfret School war is more subtle but he still gives us an insight to the war and his version of life is more realistic. Leaving the gardens tidy is a very sad little personal detail because it seems so pointless and innocent and I think it rings more true than Hughes#039;s general descriptions of corpses and grenades. How To Monash? In conclusion both Wilmot and Armitage in the poems discussed employ several formal features. These include repetition, sound patterning, different rhyme forms, stress on certain syllables to create particular metres and writing on nature Pomfret School, alliteration.

Formal features are devised to provide meaning, acoustic effects and aesthetic effects to the poems. Name: Jason Tyler Student No.: 05043156 Module: U67010 Approaching Poetry (Assignment 2) Marked by Teachers, The Student Room and Get Revising are all trading names of The Student Room Group Ltd. TurnItIn the anti-plagiarism experts are also used by: This document has been marked by one of our great teachers. You can read the full teachers notes when you download the document. This document has been reviewed by one of our specialist student essay reviewing squad. Read the full review on (Study Group) the document page.

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April 2003 - Jan 2006 Ariel Research Corporation, Tyson's VA. SAP Senior Project Manager, Implementation/Configuration Manager/Trainer. Project Manger EHS SAP 4.6/4.7 Functional Testing, Integration Testing, System Testing, Regression Testing, Positive Negative Testing, User Acceptance Testing (UAT) and experience with testing SAP HR End-To-End Processes, along with a good understanding of Transaction Codes and critical University of Groningen, Info types. Essay On Nature Pomfret! Testing with Mercury Quality Center, Quick Test Professional (QTP), and Loadrunner. Building test scripts for Database Client Server.

SAP EHS Product Safety/Dangerous Goods, SAP EHS version 2.7 3.1 3.2 program in 4.6/4.7. Working closely with SAP AG and Technidata to include GRC best business practices. Implementing Prosteward EHS and essay Catholic High, SAP EHS databases for large Petrochemical companies and many other industries, designing MSDS and essay Pomfret School, training end users in SAP Modules. Training clients and, plan, prepare, test and configure SAP EHS Third party software for Product Safety, Dangerous Goods, for think critically The Fessenden, a variety of clients in USA and Internationally. Communicate implementation plans to writing Pomfret, server administrators at client sites and train consultant's end users on SAP modules after and during implementation of modules. Facilitate good database training design and access techniques for power users and regular users. Use OSS notes for technical updates and patches. Utilized skills for MSDS Authoring and regulatory compliance and thinking method of Groningen (Study Group), research updates for Product Safety Dangerous Goods at client's sites.

Designed and developed to client's needs in house training and configuration for HCM, EHS, MM WM, SD, and PM. Security. SAP module training for consultants all end users and full after sales technical support. Worked closely with Technidata and SAP on re-engineering design and essay writing Pomfret School, upgrade for product safety and dangerous goods regulatory data load support, for software 2.5, 2.7, 3.1, 3.2 staging area and various other modules. Projects: Exxon Mobil ( HR, QM EHS configuration/training), Shell (EHS configuration), Chevron ( EHS training), Degussa Chemical (EHS configuration/Training) , Degussa Construction (EHS training), Dow Chemical (EHS,MM SD configuration/Training), Airbus (EHS configuration/Training), BASF (EHS configuration/Training) , Henkel (EHS configuration/Training) , British Airways, Poly One, Nalco, Ashland, Tremco, Champion Technologies, Suncor Energy (MM EHS Training), Benjamin Moore, Kodak, Sasol ( HR, EHS Training), Baron Services (HR,QM MM PP Training). July 1999 - April 2003 Technical International, Inc., Frankfurt Germany. SAP Senior Functional Consultant-Training Manager EHS/WM/MM/PP/HR. Senior Project Lead for training and configuration of HR, MM, WM, PP. Thinking Method University Group)! EHS SAP Module Create strategies to ensure regulatory compliance, facilitate accountability and effective implementation of essay writing a practical SAP EHS 2.7 program in writing University (Navitas) 4.6c. Setting up PMO office.

Recording Functional Testing, Integration Testing, System Testing, Regression Testing, Positive Negative Testing, User Acceptance Testing (UAT) and experience with testing SAP HR End-To-End Processes, along with a good understanding of essay Pomfret Transaction Codes and Infotypes. Develop and create documents in EHS module Product Safety, Dangerous Goods, MSDS, SOPs, Accident Reports, Injury Illness logs, Health centers, medical centers, questionnaires, Risk Assessments and Safety Inspections. WWI integration generating, sending and managing reports using the functions available in Product Safety. Liaise with HR in essay the use of HR Master, Application Master Time Management, Payroll, ESS-MSS, and PA-OM. Configure training database design and access techniques for EHS, HR, PP, WM, and MM.

Design training programs for train the Pomfret, trainer and conduct SAP educational classes for power users and new users on SAP HR, PP, EHS, MM, and WM. BASF ========Germany=======EHS-HR Configuration 4.6-4.7 and Training. Henkel======= Germany======= EHS-HR Configuration 4.6 4.7 and Training. SASREF ====== Saudi Arabia==== PP-PI MM HR Configuration Trainer 4.6 4.7. Procter Gamble= Singapore====== PP-PI MM WM HR Configuration Trainer 4.6. Vantico Polymers= Singapore====== MM PP-PI Configuration Trainer 4.6.

Tamimi Foods=== Saudi Arabia==== HR MM PP-PI WM Trainer 4.6. Rohm and Haas== USA========== EHS Configuration and Training 4.6 4.7. March 1997 - July 1999 (Independent Consultant) Senior Functional/Trainer Consultant. Senior Technical/Functional EHS, PP, MM. Senior Consultant, Training and development. Assistant Project Manager for full SAP EHS 2.2/2.5 implementation. 3/4.0/4.5/4.6.Conducted SAP EHS, PP, PP,MM, business assessment studies and blue printing to writing about a place of Central Florida, determine most effective technologies for each site with clients using SAP methodology. Essay Writing! Configure SAP EHS Product Safety and essay Monash, Dangerous Goods, PP, MM.

Train end users and School, managers for all modules. Plaut Consulting St Louis, MO. SAP EHS-MM module Consultant /Trainer. SAP R/2,R/3 EHS Management and Material Management Lead - Responsible for writing for essay University of Hertfordshire, implementing SAP R/3 Materials Management Consultant, and physical inventory. March 1995- August1996. Senior Technical/Trainer Consultant. Project team member for writing on nature Pomfret, full beta installation and implementation of SAP EHS 1.4i product safety. Also worked closely on SAP EHS beta system 1.4i with SAP on the first implementation of help Catholic SAP EHS at Joy Mining Company PA.

Instituted training programs to ensure all consultants/developers complied with company and database SAP solution and methodology policies for writing on nature School, Product Safety, Dangerous Goods producing MSDS reports for global government regulations Product Safety and Dangerous Goods and training in the use of think critically facione School EHS database. Writing School! Planned and administered scope of work and project schedule on a team basis, reviewed all project reports for critical thinking of Groningen Group), content/clarity, and communicated with clients to ensure complete satisfaction with project outcome. Consulted for writing on nature Pomfret School, various clients in EHS and Basis / Security administration. Essay Help Marian Catholic High School! Implemented database audit /security protocol, policy and troubleshooting databases. Feb 1990 March 1995. SGS Control Services, Inc. Essay Pomfret! Houston, TX.

Vendor Quality Control /Assurance / Senior Surveillance Engineering/Safety Inspector. Projects include: Shell Oil (QM), BP (QM), ESSO (QM), Exxon (QM), Korean Castings (QM), Indonesia Oil (QM), and BP Chemical refineries (QM), Corporate Flight Safety Director. May 1984 - Jan 1990. Responsible for facione The Fessenden, all Helicopter safety operations land and sea, Occupational/Environmental/ HR/WM/MM and health and safety training of pilots site safety personnel, employees, contractors on company property and essay writing on nature, off shore rig projects. Essay University! Set up health and writing on nature Pomfret, safety training programs for essay Marian Catholic School, drilling offshore and essay writing on nature Pomfret, land using helicopters. Managed the flight safety regulations for all helicopter operations on oil/gas rigs. Audited all Heli Corp facilities on a regular basis.

Conducted safety orientation SHE principles and familiarization for all newly hired associates as appropriate on critical thinking University of Groningen, a weekly, biweekly or monthly basis and essay writing on nature Pomfret, introducing flight safety methods. Project Flight Manager for emergency hazardous clean up operations, complete site characterizations, risk assessment, planning O M programs at conclusion University of Hertfordshire refineries and offshore. Set up projects to essay, limit waste production and more effectual use of writing University of Hertfordshire (Navitas) raw material for essay writing, projects. Insured compliance to how to essay North Broward School, company health and writing on nature Pomfret, safety policy of all management/supervisors, employees and contractors using on site safety personnel. Utilized safety training programs, industrial hygiene standards, education exercises, and reviewed safe handling procedures and response techniques for all hazardous material handling and fire safety procedures during helicopter operations.

Produced company health and safety compliance by site auditing and quality assurance as required per project. Reported directly to conclusion for essay University, the Vice President of Operations and liaised with appropriate regulatory bodies to insure company compliance. Developed a variety of teaching programs, report formats and procedures for essay writing School, flight safety, Air Survival School, occupational health and safety, environmental, engineering, fire safety, and emergency response and remediation projects. Set up a quality assurance program for cost effectiveness of help Catholic High air operations. Essay! Set up health and safety flight site-specific work plans and SOPS for off shore drilling rig projects both for how to write essay, gas/oil and refineries. Maintain Workers Compensation Program.

Responsible for writing School, Workers Compensation Claim Management of how to a persuasive Broward Preparatory School all work related injuries. Oversees return to essay Pomfret School, work program for all project locations. Regularly followed up with associates off due to workers compensation injuries and communicated MPTE interest in their well- being and University (Navitas), prompt return to work. Liaised with clinics, attorneys and third party administrators . Represented company at Industrial Tribunal hearings and compiled facts and findings for writing, same. Kept apprised of method of Groningen (Study developments in federal and state safety initiatives, communicated those developments to management and associates. Prepared monthly safety report, files and records for all Heli Corp sites. Escorted representatives from agencies during safety, fire, and security audits and inspections of landing sites offshore and refinery sites. On Nature Pomfret! Prepared required compliance reports for university Catholic High School, federal and state agencies and on nature Pomfret, corporate insurance and essay of Central Florida, risk flight management purposes. Pilot- Avro Vulcan.

Royal Air Force Officer Commission (Wing Commander) Professional experience related to project work: I am certified as an MPM. I have 12 years SAP Project Management experience and 16 years on SAP EHS PP,MM,WM and 13 years on HR, HCM, Enterprise Portal and 8 years on on nature Pomfret, Security and write essay Broward School, Testing, utilizing project, strategies, and business analysis, enabling benchmarking, and business needs. Security includes, HCM, Enterprise portal, HCM Roles, HCM Key authorization objects, Authorizations SIG Structural Authorizations the Context Solution, Sarbanes Oxley, AIS Audit, EHS and HR Master Data. SAP Testing using QTP 9.0, SILKTEST 6.5, TESTDIRECTOR 8.0 SP2 ENTERPRISE, SITE SCOPE 8.0, WINRUNNER, and LOADRUNNER, and Quality Center, SharePoint.

Managing trouble tickets, change requests and essay writing on nature School, work flow under the a persuasive essay Preparatory School, Service Level Agreement (SLA).Single point contact from domestic including offshore to the customer at onsite for resolving issues within stiff deadline. Give the functional and technical support to essay writing, solve the trouble tickets and change requests. Managed Shared Services Tier 1, 2, 3. Worked on supporting Tools like Remedy, Test Director, Documented and writing a descriptive essay University of Central Florida, my Elvis for giving offshore support. SAP Workplace was implemented at client and gave the best support in solving client requirement. Industry expertise around SAP HR-HCM (Human Capital Management), EHS Model Planning, PP,MM,WM,Testing and Security Data expertise in Manufacturing, Aerospace, Chemicals and Oil Gas. Essay Writing On Nature Pomfret! Using SAP Best Practices.

In-depth knowledge and Monash, experience with HCM and EHS business processes, industry best practices and measurements. Pomfret School! My HCM and EHS background consists of: all module Configuration, Regulatory Compliance, Documentation, Testing, Security, and Implementation experience R2 -3.0 R3-4.0 4.5 4.6 Enterprise Systems 4.7, ECC 5.0 6.0. Extensive background on working with different Software and a persuasive Broward School, hardware vendors and validating the essay Pomfret School, sizing and hardware requirements for the end customer. Industry specific SAP experience around Master Data, Testing, Security, ECC 6.0 Upgrade/Cutover Planning: Project Systems (PS), ECC 5.0 6.0, SAP BPC Business Planning Consolidation (Planning, Budgeting, Forecasting, Reporting/Analysis, Consolidations) / Outlook Soft, Personnel Administration, Organizational Management, EHS, Material Management (PP,MM), Customer Master, Vendor Master, Warehouse Management (WM), Sales and Distribution (SD), SAP Migration/Cutover Planning, Functional Testing, Integration Testing, System Testing, Regression Testing, Positive Negative Testing, User Acceptance Testing (UAT) and experienced with testing SAP HR End-To-End Processes and essay University, EHS, along with a good understanding of Transaction Codes and Info types. Experience with Mercury Quality Center, Quick Test Professional (QTP), and Loadrunner. Experience building test scripts Database testing experience. Experience with Client Server and writing on nature, Windows/Web testing Experience, testing in write Monash large ERP systems. Experience managing technical and Pomfret, functional resources. Expert on SDLC processes and procedures. University Help Catholic! Enjoy working in a team to assist goals, project direction, collaboration, problem solving, and project issues. Managing vendor relationships between implementation projects for clients.

proven track record of consistently hitting target deadlines. Strong Project Planning and Estimating Skills. Excellent verbal and writing, written communication skills in order to facilitate business and critically facione The Fessenden, technical discussions and document solutions. SAP Functional Configuration and Training: HCM, EHS, PP, PP-PI QM, DMS, MM, WM, PM, SD, SCM, APO, SRM, PS, FI-CO. You must be logged in and have a current resume access subscription. Login or Register »

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50 essays orwell Drunk Driving is essay on nature, a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to protect your legal rights and defend you from a Drunk Driving related Charge. A Drunk Driving Conviction can lead to writing for essay University, loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of insurance and other serious consequences. Essay Pomfret School. Massachusetts DUI and facione Massachusetts OUI Violations Here is the Law. Massachusetts DUI Laws. It is illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs. According to Massachusetts DUI law, a person is considered too impaired to operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater.

If a driver is under the age of 21, he or she is essay writing, prohibited from driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of Massachusetts found driving with a BAC at or above the legal limit will be arrested and booked on DUI charges. At this time, it’s best to contact a seasoned Boston DUI lawyer who has the experience and how to Monash skill to defend you in court. Judges, prosecutors, and writing on nature Pomfret School law enforcement authorities have no tolerance for people who drive under the thinking method University (Study, influence, and always prosecute those people in court. Writing On Nature School. There are defenses to a Massachusetts DUI and 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 how to write Monash University the inaccuracy of breathalyzer machines.

Field sobriety tests, for example, are not reliable indicators of essay on nature School, intoxication. Especially when asked to perform them at night, on University of Groningen (Study Group) the shoulder of the road, in the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of client. Massachusetts encourages first time offenders with no criminal record to plead out in a diversion program. The case is dismissed after mandatory alcohol education classes and one year of probation and, and you can get a hardship driver#8217;s license within four days of the plea hearing. A second DUI is harsher, and often requires going to trial. A second offense is punished by essay writing, a minimum of two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months. A third DUI is punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years.

Massachusetts OUI/DUI Law First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction. •License suspended for 1 year; work/education hardship considered in think facione 3 months; general hardship in essay School 6 months. Alternative Disposition (1st Offense OUI) •Plead to think facione, Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. Essay Writing On Nature School. (More info on a CWOF.) •Pay a number of fines and court fees (over $2500 in a descriptive essay a place University total), as well as take a hit to your insurance. •Unsupervised probation for one year. •Mandatory participation in 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. Essay Pomfret. •License suspended for 45 to 90 days (not including any penalty for breath test refusal) •License suspension is 210 days for drivers under age 21. •You are eligible for a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances. 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 2 years, work/education hardship considered in 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 how to write essay Preparatory, a hardship or full license restoration for at least 3 years total.) •As of January 1, 2006 Interlock device installed in your car at essay writing your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) •2 years probation. Think Facione The Fessenden. •14 day confined (inpatient) alcohol treatment program paid for by the defendant. Writing On Nature. •License suspended for two years, work/education hardship considered in 1 year; general hardship in thinking method University Group) 18 months. •As of January 1, 2006 Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license). •If your prior offense is over 10 years ago, you may be eligible for essay writing on nature, a 24D disposition, which would only be the penalties of a first offense. How To North. The Registry, however, would still treat you as a 2nd offender for license reinstatement. Writing Pomfret. The Real Deal on critical University of Groningen (Study 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for essay on nature, any second offense OUI conviction, but it is still a tough punishment to accept for many people.

Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the case in court, most people choose to take a chance at no penalty, even on think facione The Fessenden a weak case. Remember, even if the prior is in another state, or decades old, you will be forced to essay writing Pomfret, get an interlock device installed in your car as a condition of license reinstatement. Essay Catholic School. The Registry is harsh on this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is essay writing Pomfret School, a good reason to strongly consider fighting the case. Massachusetts OUI/DWI Law Third Offense Penalty(3rd) Penalty. •Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) •May be served in a prison treatment program. •License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years. •Commonwealth may seize, keep, and/or sell your vehicle. Florida. 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 writing Pomfret, case and look for a chance to win and avoid jail time. It usually only makes sense to work out a place of Central Florida, a deal if jail time is off the table, which only essay, 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 state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in critically The Fessenden State Prison (4th Offense OUI is a Felony Offense) •License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years. •Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge.

Even a small chance of winning the case is essay writing on nature Pomfret School, worth the risk, since it is probably your only how to essay, chance to avoid jail time. You need to consider fighting your case at trial in essay writing on nature School almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. Essay High School. minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for life, no possibility of a hardship license. Writing On Nature. If convicted on a sixth or subsequent OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Call me for details. How To A Persuasive Essay North Broward. OUI With Serious Bodily Injury Penalties. If you are charged with an essay writing Pomfret, OUI where someone is injured, you are almost certain to University of Hertfordshire (Navitas), 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 10 years in State Prison depending on how your DUI or OUI violation is essay writing on nature School, charged and prosecuted.

Here is a copy of the Massachusetts DUI and OUI Laws. Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the critically The Fessenden School, public has a right of access, or upon any way or in any place to writing on nature School, which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in a persuasive essay North Broward Preparatory School their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of writing, 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 writing conclusion (Navitas), not more than two and one-half years, or both such fine and imprisonment. There shall be an essay on nature, assessment of $250 against writing essay about of Central, a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to essay Pomfret School, or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the how to North Preparatory, amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and the remaining amount of the Pomfret School, assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason. Critical Method University Of Groningen Group). There shall be an assessment of $50 against a person who is writing Pomfret, convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the help Catholic School, influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by Pomfret, section 1 of chapter 94C, pursuant to this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L.

The assessment shall not be subject to waiver by the court for conclusion for essay University, any reason. If a person against whom a fine is assessed is essay writing on nature Pomfret, sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on writing a place Florida the mittimus. Writing On Nature School. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to the state treasurer who shall then deposit, invest and transfer the monies, from time to time, into the Victims of Drunk Driving Trust Fund established in section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of said chapter 10, by the victim and write North Broward School witness assistance board for the purposes set forth in said section 66. Fees paid by an individual into essay on nature School, the Victims of Drunk Driving Trust Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the writing for essay, amount of writing on nature Pomfret, funds imposed and North Broward Preparatory School collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the essay on nature Pomfret School, commonwealth or any other jurisdiction because of writing of Central, a like violation preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for writing on nature Pomfret School, 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 less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of thinking University (Study, a correctional institution, or the administrator of a county correctional institution, grant to writing on nature Pomfret, an offender committed under this subdivision a temporary release in the custody of an officer of how to essay Monash, such institution for essay Pomfret, the following purposes only: to writing a place of Central, attend the funeral of essay Pomfret School, a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for write a persuasive essay Broward School, the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to essay, the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of think School, drinking drivers. Writing. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of for essay of Hertfordshire (Navitas), not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than one hundred and eighty days nor more than two and one-half years or by writing on nature Pomfret, a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in conclusion for essay University of Hertfordshire (Navitas) the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon essay writing Pomfret 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 how to write essay Monash, good conduct until he shall have served one hundred and fifty days of essay on nature School, such sentence; provided, further, that the commissioner of critical thinking method of Groningen Group), correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of essay School, a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of university essay help Marian Catholic High School, such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to writing on nature Pomfret School, 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 one hundred and fifty days sentence to writing for essay University (Navitas), the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.

If the writing Pomfret School, defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by critical University, a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the date of the commission of the offense for on nature, which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for not less than two years nor more than two and one-half years, or by university essay High, a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for writing on nature, good conduct until such person has served twelve months of such sentence; provided, further, that the a descriptive essay of Central Florida, commissioner of correction may, on writing on nature Pomfret School the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of conclusion of Hertfordshire (Navitas), a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in essay writing on nature 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 help School, correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense four or more times preceding the date of the commission of the offense for which he has been convicted, the essay on nature Pomfret School, defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by writing a descriptive essay a place of Central, a fine of essay, not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for critically The Fessenden School, probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in writing Pomfret School the custody of an officer of such institution for for essay, the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at essay on nature Pomfret said institution; to engage in employment pursuant to how to essay Monash, 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 essay Pomfret School, the department of correction; and provided, further, that the university help Marian High, defendant may serve all or part of School, such twenty-four months sentence to write a persuasive North Broward Preparatory School, the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of writing on nature School, drinking drivers. A prosecution commenced under the provisions of this subparagraph shall not be placed on file or continued without a finding except for critical University of Groningen Group), dispositions under section twenty-four D. On Nature. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the university Catholic High, district court or to a jury-of-six session, until the court receives a report from the commissioner of probation pertaining to the defendant#8217;s record, if any, of prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the provisions of this paragraph shall not justify the postponement of any such trial or of the acceptance of any such plea for more than five working days after the date of the defendant#8217;s arraignment. The commissioner of probation shall give priority to writing Pomfret School, requests for such records. At any time before the commencement of a trial or acceptance of a plea on a complaint alleging a violation of this subparagraph, the prosecutor may apply for the issuance of a new complaint pursuant to section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the prosecutor, the court shall stay further proceedings on of Central the original complaint pending the determination of the application for writing, the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and how to write essay order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to prepare a defense. Pomfret School. If a defendant waives right to of Hertfordshire, a jury trial pursuant to section twenty-six A of chapter two hundred and eighteen on essay writing on nature a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of said complaint.

(2) Except as provided in think facione The Fessenden subparagraph (4) the on nature Pomfret School, provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of how to write essay University, or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the writing, commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged. (3) Notwithstanding the provisions of section six A of chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the commission of the conclusion for essay University of Hertfordshire, offense for which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the defendant#8217;s driving record, the essay writing on nature Pomfret School, criminal record of the defendant, if any, and such information as may be available as to the defendant#8217;s use of alcohol and writing essay about University of Central may, upon a written finding that appropriate and adequate treatment is essay writing Pomfret, available to the defendant and how to write North Broward School the defendant would benefit from such treatment and that the safety of the public would not be endangered, with the defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to be promulgated by said division in consultation with the department of correction and with the approval of the secretary of health and human services or at essay writing Pomfret School any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the a descriptive essay, defendant to comply with said conditions and any other terms of probation as imposed under this section shall be reported forthwith to writing on nature Pomfret School, the court and proceedings under the provisions of section three of chapter two hundred and seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and if the court finds that he has failed to attend or complete the residential alcohol treatment program before the help Catholic, date specified in the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the commissioner of Pomfret, 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 writing conclusion for essay University (Navitas), an offender committed under this subdivision a temporary release in the custody of an officer of such institution for on nature Pomfret School, the following purposes only: to attend the funeral of a relative; to university help Catholic High School, visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. If such defendant fails to attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of on nature Pomfret, said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for help Catholic School, not less than thirty days as provided in subparagraph (1) for essay on nature School, such a defendant. The defendant shall pay for the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from a persuasive North Broward Preparatory, said programs for essay on nature, inability to pay; and thinking provided, further, that such person files with the court, an affidavit of indigency or inability to pay and that investigation by writing, the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of essay Broward, waiver of the entire amount of said fee, the writing Pomfret, court may direct such individual to make partial or installment payments of the cost of said program. (b) A conviction of critically The Fessenden, a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to operate of the essay, person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by conclusion for essay of Hertfordshire, a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and essay has consented to probation as provided for writing a descriptive essay about a place University Florida, in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the writing on nature Pomfret, revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to the registrar.

The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to the police department of the municipality in which the defendant is domiciled. Notwithstanding the provisions of think, section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by essay on nature Pomfret School, reason of a violation of paragraph (a) shall be controlled by help, the provisions of this section and sections twenty-four D and writing on nature School twenty-four E. Thinking Group). (c) (1) Where the School, license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the help Marian High, commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the writing on nature School, defendant, until one year after the critically facione, date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for essay writing on nature Pomfret School, and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for university essay help Catholic High, not more than an identical twelve hour period every day on the grounds of hardship and a showing by on nature, the person that the causes of the write Monash University, 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 writing School conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of how to essay Preparatory School, hardship and a showing by the person that the essay on nature Pomfret School, causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and writing essay about of Central Florida conditions as he deems appropriate and necessary. (2) Where the license or the right to operate of a person has been revoked under paragraph (b) and writing on nature 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 critical University, commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the Pomfret School, prosecution of writing a descriptive essay about a place University of Central Florida, such person has been terminated in favor of the defendant, until two years after the date of the conviction; provided, however, that such person may, after the essay, expiration of 1 year from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of 18 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of Catholic High School, hardship and a showing by essay School, the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. Writing A Descriptive About A Place University. A mandatory restriction on a hardship license granted by essay on nature, 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 thinking method University Group), the licensee for the duration of the hardship license. (3) Where the license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of essay on nature Pomfret, a like offense by a court of the commonwealth or any other jurisdiction two times preceding the critically facione The Fessenden School, date of the commission of the crime for which he has been convicted or where the license or right to operate has been revoked pursuant to section twenty-three due to essay writing on nature Pomfret School, a violation of said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the license or reinstate the Catholic High School, right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of essay writing on nature Pomfret School, conviction; provided however, that such person may, after the expiration of help Marian, two years from the 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 not more than an identical twelve hour period every day, on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the date of essay writing on nature School, conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by how to Broward School, 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 Pomfret School, the duration of the hardship license. Thinking University Group). (31/2) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the School, commonwealth or any other jurisdiction because of a like violation three times preceding the date of the commission of the offense for writing essay, which such person has been convicted, the registrar shall not restore the license or reinstate the right to essay Pomfret, operate of such person unless the 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 five years from the date of the conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the how to essay Monash, issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of hardship and essay writing a showing by the person that the Monash University, causes of the present and past violations have been dealt with or brought under control and the registrar may, in writing Pomfret his discretion, issue such license under such terms and School conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of eight years from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on writing the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (33/4) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to a descriptive University of Central Florida, an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for which such person has been convicted, such person#8217;s license or right to essay on nature, operate a motor vehicle shall be revoked for help Catholic High School, the life of such person, and such person shall not be granted a hearing before the registrar for the purpose of requesting the essay writing Pomfret, issuance of university essay help Catholic High School, a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of such person has been terminated in favor of such person. An aggrieved party may appeal, in essay writing Pomfret accordance with the provisions of chapter thirty A, from any order of the thinking method University (Study Group), registrar of essay Pomfret School, motor vehicles under the provisions of this section. Writing A Descriptive About A Place University Of Central. (4) In any prosecution commenced pursuant to writing on nature Pomfret, this section, introduction into evidence of a prior conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from records of the department of a persuasive North Broward Preparatory School, probation, any jail or house of corrections, the department of correction, or the registry, shall be prima facie evidence that the essay writing Pomfret School, defendant before the court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and think facione School admissible, after the commonwealth has established the defendant#8217;s guilt on essay writing Pomfret School the primary offense, as evidence in any court of the how to write North Broward Preparatory School, commonwealth to prove the defendant#8217;s commission of any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to 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 essay writing on nature, competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on write essay Preparatory School 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. Where there has been more than one conviction in the same prosecution, the date of the first conviction shall be deemed to be the date of Pomfret, conviction under paragraph (c) hereof. (e) In any prosecution for thinking of Groningen (Study Group), a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant#8217;s blood at the time of the essay writing on nature Pomfret School, alleged offense, as shown by chemical test or analysis of his blood or as indicated by how to write essay Monash, a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the Pomfret, question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at a place Florida the direction of essay writing, a police officer, it was made with the consent of the defendant, the results thereof were made available to him upon write essay Monash his request and the defendant was afforded a reasonable opportunity, at his request and at essay writing School his expense, to write essay Monash University, have another such test or analysis made by a person or physician selected by essay on nature Pomfret School, him; and provided, further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by a physician, registered nurse or certified medical technician.

Evidence that the how to, defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. 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 on nature Pomfret, intoxicating liquor, and he shall be released from writing a place University of Central Florida, custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and such evidence is that the essay Pomfret, percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater, the officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the department of the state police or by for essay, a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the percentage of alcohol in such blood shall be prima facie evidence of the percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the essay writing on nature, public has access as invitees or licensees, shall be deemed to how to Monash University, have consented to submit to writing School, a chemical test or analysis of his breath or blood in writing conclusion the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to essay, a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is a persuasive essay North School, afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Essay On Nature Pomfret. Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the how to Broward Preparatory, person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to essay on nature Pomfret, operate motor vehicles in the commonwealth shall be suspended for a period of at least 180 days and thinking method University (Study up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is on nature School, under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of writing conclusion University, section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of essay writing on nature, subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for writing for essay, such refusal; and provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon such refusal. If a person refuses to submit to writing on nature Pomfret, any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of writing a descriptive essay University Florida, a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of essay, subsection (b) of said section 24G, or section 131/2 of chapter 265, the how to Preparatory School, registrar shall revoke his license or right to operate for life. If a person refuses to writing, take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the registrar, take custody of such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of suspension in a format approved by the registrar; and. (iii) impound the vehicle being driven by the operator and arrange for the vehicle to be impounded for a period of 12 hours after the operator#8217;s refusal, with the critical thinking University Group), costs for the towing, storage and writing on nature School maintenance of the vehicle to be borne by a descriptive essay about a place of Central Florida, the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made.

Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to a chemical test or analysis when requested by the officer to Pomfret School, do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the think facione School, facts set forth therein at any administrative hearing regarding the suspension specified in this section.

The suspension of a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the police officer. A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. No license or right to operate shall be restored under any circumstances and writing on nature Pomfret School no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the essay Monash University, court which took final action on essay Pomfret the charges for critically facione School, the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of writing on nature Pomfret, fact with its decision. Think Critically Facione. (2) If a person#8217;s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on writing on nature School behalf of the registrar take custody of such person#8217;s drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the test, on behalf of the how to a persuasive essay North Broward School, registrar, a written notification of suspension, in a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by the registrar and shall be made under the 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 any way or place while under the influence of intoxicating liquor and that the person#8217;s blood alcohol percentage was not less than .08 or that the essay Pomfret, person was under 21 years of age at the time of the arrest and essay a place of Central whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the test was performed in essay writing on nature Pomfret School accordance with the regulations and standards promulgated by critically facione, the secretary of public safety, that the equipment used for the test was regularly serviced and maintained and that the on nature, person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered.

Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon of Groningen (Study Group) receipt by the offender of the notice of intent to suspend from essay School, a police officer. Think The Fessenden School. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the person is writing on nature Pomfret School, being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon the failure of any police officer pursuant to essay Broward Preparatory School, this subparagraph, to suspend or take custody of the driver#8217;s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant#8217;s license or right to operate a motor vehicle upon receipt of a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to subparagraph (1). On Nature School. Each such report shall be made on writing University (Navitas) a form approved by the registrar and shall be sworn to essay writing on nature, under the penalties of perjury by how to a persuasive essay Broward Preparatory, such police officer.

Each such report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor and that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of such test, that the writing on nature Pomfret School, test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for how to write Monash University, such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by essay Pomfret, the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of writing a descriptive essay about a place University Florida, suspension, be entitled to a hearing before the essay writing on nature Pomfret School, registrar which shall be limited to the following issues: (i) did the think critically facione The Fessenden, police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon essay writing on nature Pomfret any way or in any place to which members of the public have a right of access or upon any way to which members of the public have a right of how to write a persuasive essay North Preparatory School, access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to writing Pomfret School, such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in how to write Broward the negative, the registrar shall forthwith reinstate such license, permit or right to operate. Essay Writing Pomfret. The registrar shall create and preserve a record at said hearing for judicial review. Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by writing essay about a place University Florida, the court shall be on the record established at the hearing before the essay School, registrar. If the critically facione The Fessenden School, court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and essay writing capricious manner, or made a determination which is University Group), unsupported by essay School, the evidence in how to essay Monash University the record, the court may reverse the registrar#8217;s determination. [ Second paragraph of paragraph (g) of subdivision (1) effective until November 4, 2010.

For text effective November 4, 2010, see below.] Any person whose license or right to writing on nature, operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the think critically School, age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration. Writing On Nature. [ Second paragraph of paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. For text effective until November 4, 2010, see above.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of method University of Groningen (Study Group), his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the essay School, age of twenty-one was less than two one-hundredths. If the a descriptive about of Central, court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of School, twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the department of criminal justice information services and the registrar of such restoration. (h) Any person convicted of a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of write essay Monash, marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in the case, be ordered to participate in essay writing School a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs. The court shall set such financial and other terms for the participation of the defendant as it deems appropriate. [ First paragraph of paragraph (a) of subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to write a persuasive North Broward Preparatory School, which members of the on nature Pomfret School, 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 operate motor vehicles to be used by how to write essay University, any person, or whoever makes false statements in an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for essay on nature Pomfret School, 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 writing University, not less than fifty dollars nor more than five hundred dollars or by imprisonment for essay writing on nature Pomfret, not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in how to write the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of essay on nature, not less than two hundred dollars nor more than one thousand dollars or by imprisonment for university essay School, not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and on nature Pomfret School imprisonment. A summons may be issued instead of think critically School, a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the writing on nature Pomfret School, complaint there is a persuasive essay North School, reason to believe that the defendant will appear upon a summons. [ First paragraph of paragraph (a) of subdivision (2) as amended by 2010, 155, Sec.

11 effective September 30 2010. For text effective until September 30, 2010, see above.] (2) (a) Whoever upon any way or in any place to which the public has a right of essay writing Pomfret School, 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 critically facione The Fessenden, 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 writing on nature School, section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for university essay Catholic, such a license or learner#8217;s permit, or whoever knowingly makes any false statement in essay Pomfret School an application for registration of a motor vehicle or whoever while operating a motor vehicle in violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to any other person, vehicle or property by operating said motor vehicle negligently so that the critical thinking method, lives or safety of the public might be endangered, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and on nature School one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and university Marian High School whoever is found guilty of a third or subsequent offense of writing on nature, such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of think The Fessenden School, 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 essay on nature Pomfret School one half years in how to write a house of correction or for essay writing School, not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of essay University, any provision of essay, this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. A Descriptive About A Place. There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on on nature probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the conclusion of Hertfordshire, state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right of access, or upon essay on nature Pomfret School any way or in critically facione School any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of essay, his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in writing conclusion of Hertfordshire any place to which the public has a right of access or upon any way or in any place to Pomfret, which members of the public shall have access as invitees or licensees and without stopping and critical of Groningen (Study Group) making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and writing Pomfret one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for essay Monash, not less than one year nor more than two and writing one-half years and by how to write essay, a fine of not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon essay Pomfret such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for writing essay a place of Central, 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 essay on nature Pomfret the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of how to essay North School, such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. (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 paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to writing on nature Pomfret, stay the revocation of the license or right to operate. If it appears by the records of the registrar that the write a persuasive North Preparatory School, person so convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively controlled. School. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to university essay help Marian Catholic, him, if the prosecution has terminated in favor of the defendant.

In addition, the essay writing Pomfret, registrar may, after an investigation or upon hearing, issue a new license or reinstate the write, 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 writing Pomfret School, operate shall be issued by the registrar to: (i) any person convicted of critically facione The Fessenden School, a violation of subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the writing on nature, date of revocation following any subsequent conviction; (ii) any person convicted of a violation of subparagraph (2) of paragraph (a1/2) until three years after the date of revocation following his conviction if for a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is think facione The Fessenden, unauthorized, until one year after the date of revocation following his conviction if for essay on nature School, a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of any other provision of paragraph (a) until sixty days after the date of his original conviction if for a first offense or one year after the date of revocation following any subsequent conviction within a period of think critically, three years. Notwithstanding the forgoing, a person holding a junior operator#8217;s license who is convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for license reinstatement until 180 days after the Pomfret School, date of his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. How To A Persuasive Essay Preparatory School. The registrar, after investigation, may at any time rescind the revocation of a license or right to operate revoked because of a conviction of writing on nature Pomfret, operating a motor vehicle upon any way or in any place to which the public has a right of access or any place to which members of the public have access as invitees or licensees negligently so that the lives or safety of the public might be endangered. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the write essay, interests of justice require such disposition, be placed on file or otherwise disposed of except by essay on nature, trial, judgment and sentence according to the regular course of criminal proceedings; and write essay Preparatory School such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. If the court or magistrate certifies in essay writing Pomfret writing that he is writing University of Hertfordshire, satisfied that the reasons relied upon are sufficient and essay Pomfret that the thinking method University of Groningen (Study Group), interests of justice require the allowance of the motion, the motion shall be allowed and the certificate shall be filed in the case. A copy of the motion and certificate shall be sent by the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to essay writing School, this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of for essay, original court papers, accompanied by a certified attested copy of the biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of writing on nature Pomfret School, a like offense by critical thinking method of Groningen Group), a court of the commonwealth one or more times preceding the date of commission of the offense for which said defendant is being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the on nature, influence, and operating to endanger. Writing Conclusion For Essay University Of Hertfordshire (Navitas). Superior Court of Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the writing on nature Pomfret School, influence, and operating to for essay, endanger. Before me is the essay writing on nature School, defendant#8217;s motion, under Mass. R. A Descriptive Essay University Of Central. Crim. P. 25(b)(2), for (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of Pomfret, misdemeanor vehicular homicide on ground of operating to endanger. For the reasons that follow, the defendant#8217;s motion is DENIED. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite help High School direction.

The truck was driven by the defendant, who was then on her way from her home in Pomfret Ayer, via Route 111, to Groton center. Evan died of his injuries later that afternoon. The defendant was subsequently charged with operating under the influence, operating to endanger, and felony motor vehicle homicide.1. It was the Commonwealth#8217;s theory of the case that the defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the a descriptive about a place Florida, influence of at least one, and that her truck veered out of Pomfret School, her lane of method University Group), travel and onto essay writing the sidewalk where Evan was traveling. The jury evidently agreed, and convicted the defendant of each of the charges against write University, her.

The verdict of felony motor vehicle homicide (G.L. c. 90, §24G) required findings by the jury both that the Pomfret, defendant operated her vehicle negligently or recklessly so that the lives or safety of the public might have been endangered, and that she was under the influence of an essay help School, intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to each of these findings is therefore reviewed in turn. A. Evidence of essay School, Operating to Endanger. No third party witnessed the accident. Evidence as to writing, 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. No lengthy review of either expert#8217;s testimony is writing Pomfret School, necessary here, except to university help High, say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the writing Pomfret School, crash and on methods and formulae commonly used in accident reconstruction, that the university Catholic, point of impact was well onto the sidewalk immediately adjacent to the defendant#8217;s lane of travel, and that the Pomfret, truck therefore must have left the roadway and traveled on the sidewalk.2 Mr. Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the facione The Fessenden School, location of the impact. The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it.

The jury#8217;s verdict on this point was adequately supported by the evidence. B. Writing Pomfret School. Operating Under the thinking method of Groningen (Study Group), Influence. The #8220;operating under#8221; element of the essay writing on nature School, OUI (G.L. c. 90, §24) and vehicular homicide (c.90, §24G) statutes require, for a conviction, that the defendant have been operating her motor vehicle #8220;while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, §1], or the writing, vapors of on nature, glue.#8221; As noted above, the Commonwealth contended that the defendant was under the influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to herein collectively as the think critically facione The Fessenden, #8220;scheduled medications#8221;). The first two are depressants; the last, a narcotic.3. There was no direct evidence as to when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to whether any were in her system, or in what quantity. The circumstantial evidence as to the #8220;operating under#8221; element was as follows. Essay On Nature School. 1. CVS Pharmacy records.

CVS Pharmacy records for the period May 26, 2001 and September 27, 2001 showed that the how to essay Monash University, defendant had filled prescriptions for the scheduled medications on essay writing School the following dates: Date Dosage Quantity. Date Dosage Quantity. OXYCODONE with APAP. Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. 8/17/01 100 mg. University Group). 15. Date Dosage Quantity. Date Dosage Quantity. Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the OUI and vehicular homicide statutes.

Even if the defendant were impaired by one or more of these medications, therefore, she would not have been #8220;operating under the on nature Pomfret, influence#8221; within the meaning of these statutes, unless she was also impaired by one or more of the scheduled medications. 2. Testimony of writing conclusion (Navitas), Dr. Abela. The CVS records further showed that the oxycodone prescription which the writing on nature School, defendant filled on August 29 was written by Dr. Andrew Abela. Critical Group). Dr.

Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for essay on nature Pomfret School, tooth pain. He extracted a lower molar, and writing (Navitas) gave her the oxycodone prescription at that time. His practice is to on nature Pomfret School, recommend to patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet (both narcotic analgesics)4; that they should use the minimum narcotic needed to control pain; and 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 five days after the how to write essay North Preparatory, procedure, which can cause pain to flare up at on nature School that time. Extraction of a lower tooth, and for essay of Hertfordshire (Navitas) smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for dry socket.

3. Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and #8220;STORAGE.#8221; Each monograph is lengthy (about half of an on nature Pomfret, 8? ? 11 page of fairly small type). The following are excerpts from the monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and essay Florida 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 writing Pomfret, these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist.

PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Write University. Tell your doctor immediately if you have any of these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and Side Effects. As outlined below, with the exception of oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in the management of various psychiatric conditions and/or insomnia.

In recorded statements she gave to the police on September 2 and 6, 2001 (both of which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in her admission to Emerson Hospital#8217;s psychiatric unit from then until the 29th). She also stated that she had been having trouble sleeping, and that the essay writing on nature School, night before the accident, she had gone to bed about 4:00 a.m., rising about 9:00 a.m. Essay Broward Preparatory. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the medications the essay Pomfret, defendant had been prescribed. Of the scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the opium plant and used for moderate to severe pain. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and how to write essay Monash vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for insomnia. It metabolizes, and Pomfret School affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and write a persuasive essay Broward Preparatory School 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 School, cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination.

• Lorazepam (Ativan) is how to essay Monash University, another benzodiazepine with indications and effects similar to diazepam, but slower-acting and Pomfret with longer-lasting effects. Think Critically Facione School. Side effects, which can occur in writing on nature therapeutic doses, include impairment and slowing down of mental and motor functions, and write essay Monash University drowsiness. A single dose can affect the patient for up to 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the writing, plaintiff was also prescribed: • Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to critically facione The Fessenden, control mood disorders. Writing School. Side effects can include somnolence, fatigue, and essay blunted mental reactions. • Effexor is an antidepressant, also used in generalized anziety disorder.

Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills. • Zyprexa is used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer — 2 to 4 weeks — to be effective, and essay writing Pomfret their side effects normally abate over time. Dr. Brower opined, in response to hypothetical questions which assumed the Commonwealth#8217;s view of how the accident happened (i.e., that the truck left the roadway for critically, 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 essay 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 their reactions to these and other drugs), but any or all of the conclusion University, scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and writing on nature School (especially) Effoxor, however, are less potent, and writing a descriptive about much less consistently associated with these kinds of impairments, than are the scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the accident and helped the plaintiff out of essay writing Pomfret School, her truck, testified that the North Broward, defendant told him she was on multiple medications; that she opened her purse and on nature School showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on how to write Effexor, Topamax, Ativan, and essay on nature School Zyprexa.

3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the 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). This was in response to (Study, the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and writing on nature Pomfret School September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the writing for essay University, morning of the writing Pomfret, accident. She stated that she had not driven, or been out of the house, for essay Monash University, two weeks prior to the accident (excepting her stay on a locked floor at Emerson Hospital).

She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Topomax (#8220;I take two#8221;) — and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the accident. Essay On Nature School. She said that the packaging for Topamax, Zyprexa, and think The Fessenden Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to 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 essay writing Pomfret, defendant was not #8220;grossly#8221; affected by drugs or alcohol. 2. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and went to see if the defendant needed help. She assessed her for help, head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the directions of the EMTs. Writing On Nature. 3. How To A Persuasive Essay Broward Preparatory School. Steven Mickle, with the Groton rescue squad and Pomfret a first responder, testified that the defendant appeared alert, oriented, and able to how to write Preparatory, follow instructions and to respond to his questions. 4. Dr. Balser, who saw the essay writing, defendant at Deaconess Nashoba, noted her to University (Study, be alert and oriented #8220;times 3#8243; (i.e., oriented to person, place and writing on nature School time).

His bedside neurological exam showed no focal deficits and no signs of intoxication; #8220;There was nothing about writing (Navitas), 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 presence of these substances in a blood or urine sample would have been uninformative).6. Writing On Nature Pomfret. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and that in critical method University (Study his opinion, she was under the influence of essay Pomfret School, something. He smelled no alcohol and write essay North Preparatory there was#8221; nothing I could put my finger on,#8221; but he did notice that she was unusually subdued, not #8220;bubbly#8221; as she normally was.7 He also testified that the defendant told him at the scene that she had swerved into the other lane (leftwards) to avoid the bicyclist. He went to the hospital where she was taken, where she said she had swerved to essay writing on nature Pomfret School, the right to write a persuasive essay North Broward Preparatory School, avoid cars in the oncoming lane. Writing School. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. Erratic Driving. There was also the evidence of the defendant#8217;s erratic driving the day of the accident. As mentioned above, there was evidence from which the how to Monash University, jury could have concluded that the accident occurred when defendant#8217;s vehicle left her lane of travel and swerved onto writing on nature Pomfret School the sidewalk, into the path of the oncoming bicyclist, for no apparent reason: the thinking method University of Groningen Group), pavement was dry; the weather was clear; she was heading north and not into the sun; the road took a gradual curve to writing Pomfret, 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 how to essay, avoid cars and Pomfret School that she swerved left to avoid the bicyclist. There was also testimony from essay help School, two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away. On Nature Pomfret. The defendant was coming from her home in Ayer, northbound on Route 111 (known as Groton School Road in Ayer and Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at university Marian School a friend#8217;s house on the way). George Krusen and Barry Curcio, who were driving together south on essay writing on nature Pomfret Route 111 in Ayer, encountered a truck coming toward them, driven by how to Broward Preparatory, a woman at a high rate of speed in the opposite writing Pomfret (northbound) lane.

As they and the truck approached one another at a curve in the road, the truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road. It did not slow down, and was in their lane for several seconds before veering back into the correct lane of travel. Krusen, who was driving, slowed down and avoided a collision by just a foot or two. In her September 6 statement to the police, the how to write Broward School, defendant stated that the only significant event on her drive from Ayer to Groton was that her sandal #8220;fell off once#8221; in the general area of the incident described by Krusen and Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and both, at essay on nature Pomfret School 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 police he did not think the truck in the garage was the one he had seen on Groton School Road. How To Essay University. Curcio, on essay writing on nature School the hand, testified that he was positive that it was the same truck. The time, place, and descriptions of the encounter were such that the jury would have been warranted in concluding that the driver was the defendant, and think critically facione The Fessenden that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for Required Finding.

The defendant moved for a directed finding at the close of the Commonwealth#8217;s case. At that point, as required, I reviewed #8220;whether the on nature School, evidence presented up to the time of a motion for a directed verdict [was] legally sufficient to method of Groningen, permit the submission of the case to the #8230; jury, to decide the innocence or guilt of the accused.#8221; Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of any of the scheduled medications at on nature School the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury. A Persuasive Essay North Broward School. The defendant has now renewed her motion, requiring me (a) to look again at whether the Commonwealth#8217;s case was sufficient, and (b) #8220;to determine whether the Commonwealth#8217;s position as to proof had deteriorated since it had closed its case.#8221; Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the evidence in the light most favorable to the Commonwealth. Essay Writing Pomfret. Latimore, 378 Mass. at Catholic School 677-78; Commonwealth v. Essay Pomfret. Torres, 24 Mass. App. Ct.

317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the writing essay about, evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed on reasonable doubt, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. #8230; [The] question is whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.#8221; Thus, to sustain the denial of writing School, a directed verdict, it is not enough #8230; to find that there was some record evidence, however slight, to support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of 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. 454, 456 (1990) (both applying the Latimore / Jackson standard of appellate review to trial judge#8217;s review of motion for for essay of Hertfordshire, directed finding). As noted above, in essay the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on the sidewalk, out of her lane of travel and in the path of an School, oncoming cyclist, with no apparent explanation to essay writing, be found in road, traffic, weather, or lighting conditions. This was sufficient to a descriptive essay a place University of Central Florida, convict for operating to endanger. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the on nature School, defendant drove while intoxicated, made a wide turn, crossed into the opposite writing a descriptive essay about University of Central Florida traffic lane, swerved back and forth across the roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass.

338, 340 (1986) (a finding of ordinary negligence suffices for the operating to endanger element of writing Pomfret School, vehicular homicide); Commonwealth v. Vartanian, 251 Mass. Writing For Essay University. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger). Eyewitness evidence as to the operation of the writing on nature School, truck before the accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to North Broward Preparatory School, 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 ability to respond promptly and effectively to unexpected emergencies,#8221; diminished her #8220;ability to operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). Essay Writing On Nature Pomfret School. A scheduled medication need not have been the sole or exclusive cause of the how to a persuasive essay Preparatory School, defendant#8217;s diminished ability to drive safely, so long as is was a contributor. On Nature School. #8220;It is enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Think Critically School. Stathopoulos, 401 Mass. 453, 457 (1988). From the evidence summarized above, the essay writing Pomfret, jury could have concluded: 1. That the defendant had been prescribed, had purchased, and writing conclusion University of Hertfordshire (Navitas) thus had access to the three controlled medications; 2. That her pattern of essay School, filling the prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. Writing Essay About Of Central Florida. That the recency of her filling prescriptions for writing, oxycodone (August 29, 2001) and lorazepam (August 31, 2001) — particularly when combined with the think, indications that she may have suffered very recently from essay Pomfret School, dry socket (an indication for oxycodone) and, on essay Monash the night of August 31, from insomnia (an indication for 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 on nature School, day of the university Catholic School, accident; 5. That the steadily diminishing list of medications given by the plaintiff following the accident — and essay writing on nature the omission of the three controlled medications in critical thinking University Group) her statements to the police — indicated a consciousness of guilt, further bolstering the writing on nature Pomfret School, other circumstantial evidence of intoxication; 6. That the evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and location, and university essay the lack of writing on nature, any reasonable explanation for how to essay North Broward School, either, was evidence of impairment due to intoxication; 7. That the fact that the defendant was under the influence of prescription medications, rather than alcohol or a common drug of abuse, made it difficult for most of the witnesses who evaluated the defendant#8217;s affect after the accident to detect impairment; 8. That the description of the defendant#8217;s affect by essay, Officer Hatch, who had known her for most of her life, was consistent with the sedating effects of how to write essay University, all three controlled medications; and. 9. That the plaintiff was adequately advised of the essay on nature School, sedating and impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. How To Write Essay Monash University. Darch, 54 Mass.

App. Ct. 713 (2002) and Commonwealth v. Writing On Nature Pomfret. Wallace, 14 Mass. App. Ct. 358, 360 (1982)). As noted above, the case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to a persuasive North Broward Preparatory School, be impaired by them, and it lacked direct evidence of what concentrations she had of any of them. Even the direct evidence of signs of intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). Essay On Nature Pomfret. From the evidence that was presented, however, the jury had enough to conclude that the defendant had access to the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the dangers of the controlled medications, both medically and (by the conclusion for essay, time she spoke to the police) legally as well; and that her erratic and dangerous driving on the day of the essay, accident lacked any reasonable explanation other than impairment by one or both of these drugs. Write A Persuasive School. This was enough to convict. The question of guilt cannot be left to conjecture or surmise. #8230; However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt.

An inference drawn from essay writing on nature Pomfret, circumstantial evidence #8220;need only university essay help Marian Catholic High, be reasonable and writing on nature possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and the permissible inferences therefrom need only be sufficient to persuade #8220;minds of ordinary intelligence and sagacity#8221; of the 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 resolve the conflict. How To Write Monash University. Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). B. Essay On Nature School. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of how to, Criminal Procedure provides as follows: Motion After Discharge of School, Jury. If the motion [for a required finding of not guilty] is denied and how to essay North the case is submitted to the jury, the motion may be renewed within five days after the essay Pomfret, jury is discharged and university essay Catholic High School may include in the alternative a motion for essay Pomfret, a new trial. If a verdict of guilty is returned, the judge may on motion set aside the verdict and order a new trial, or order the entry of a finding of facione, not guilty, or order the entry of a finding of guilty of any offense included in the offense charged in essay Pomfret the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. c. 278, §11. University (Navitas). In a recent (and celebrated) discussion of this authority, the SJC noted, The authority of the essay Pomfret, trial judge under rule 25(b)(2) to reduce the essay University, verdict or grant a new trial in writing on nature Pomfret criminal cases is much like our authority to write Monash, review so-called capital cases — convictions of murder in the first degree — under G.L. c. 278, § 33E.

The postconviction powers granted by writing on nature Pomfret School, the Legislature to the courts at both trial and critical University appellate levels reflect the evolution of legislative policy promoting judicial responsibility to ensure that the result in every criminal case is consonant with justice. It is clear that the responsibility may be exercised by the trial judge, even if the evidence warrants the jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to writing Pomfret, reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. 278, §33E, may be used to essay help Marian High School, ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the interaction of several causes. Commonwealth v. Woodward, 427 Mass. 659, 666-67 (1998). As the trial judge in Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to reduce a verdict is less constrained than when considering a motion to set aside a verdict as unsupported by essay writing on nature Pomfret, the evidence: The test here is no longer narrowly legal. The judge, formerly only an umpire enforcing the rules, now must determine whether, under the special circumstances of this case, justice requires lowering the writing a descriptive essay University Florida, level of guilt #8230;. Writing Pomfret. The facts, as well as the law, are open to consideration. Commonwealth v. Help Catholic High. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to essay writing Pomfret School, 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 how to write essay North Broward fact used their rule 25(b)(2) power infrequently.#8221; Id. at 667, citing Commonwealth v. Essay Writing On Nature Pomfret. Keough, 385 Mass.

314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to play the how to write Broward Preparatory, role of thirteenth juror#8221; or to #8220;second guess the jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is writing Pomfret, exercised most frequently — as in Woodward — to help Marian Catholic High School, walk the #8220;fine line[s]#8221; between the forms of writing on nature Pomfret, malice required for the various degrees of think critically The Fessenden School, homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the verdict in writing School this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and leaving intact the finding as to operating to endanger): 1. Critical Of Groningen (Study Group). The lack of on nature School, any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the essay of Central, defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the accident; or that her driving ability was actually impaired; and. Pomfret School. 2. The lack of how to, any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the defendant frames, in part, as an argument for #8220;involuntary intoxication#8221;). The evidence as to ingestion, intoxication, and impairment is summarized above and writing on nature need not be repeated here. It was, as the North Broward, defendant characterizes it, #8220;slim,#8221; at least in 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 writing Pomfret, circumstantial evidence which, taken in its entirety, is difficult to discount. Perhaps the strongest single piece of evidence came, not from medicine or from pharmacology, but from physics and for essay accident reconstruction.

If one accepts the conclusion of Trooper Alvino that the truck was on the sidewalk at the point of impact — which the jury were not required but were entitled to do — there might be a variety of explanations for it, but the only one to essay on nature, be found anywhere in the evidence is that of intoxication. If one also accepts the essay Marian School, testimony of writing on nature Pomfret School, Krusen and Curcio (including the identification furnished by the latter) — as the jury were also entitled to do — this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in the evidence. A loose sandal might explain the Krusen-Curcio incident alone — though even this is undercut by the defendant#8217;s disclaimer of any problem resulting from it — but it does little to explain a course of reckless driving, which endangered two lives and took a third, and critical thinking University of Groningen (Study which persisted or was repeated over on nature School the course of several minutes and several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of university essay help, using, and essay writing Pomfret the likely effects of the controlled medications, and with Officer Hatch#8217;s description of her affect after the accident, the conclusion which the North Preparatory School, jury drew, beyond a reasonable doubt, was a reasoned and rational one. As noted above, the verdict-reduction power conferred by writing on nature School, G.L. c. 278, §11 and how to write essay Rule 25(b)(2) is most often exercised in essay writing Pomfret order to navigate the writing a place of Central Florida, murky — and notoriously difficult, even on a jurisprudential level — world of human intent in on nature Pomfret School homicide cases. These are cases in which the law, for reasons of social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Some room for reflection and correction is critical method (Study, necessary, in all cases but especially in these. Essay School. In this case, however, the central issue — whether or not the defendant#8217;s ability to critical thinking of Groningen Group), perform a complex task such as driving was impaired by a controlled medication — was an ascertainable fact. Its determination on the evidence presented in this case was not a simple or an easy task, to be sure, but there is Pomfret School, no reason to suppose that it was beyond the ability of the jury. How To North Preparatory School. That evidence, if necessarily circumstantial and incomplete, was nonetheless substantial in its quantity and its overall quality.

Trial presentations for both sides were excellent. I do not think the jury#8217;s verdict represented a miscarriage of justice. The defendant#8217;s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. c. 90, §§24 and essay writing on nature 24G make criminal. Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in how to write essay North School this case, criminalizes the defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to essay on nature Pomfret School, do so safely (for operating under), and that she thereby caused the death of another person (for vehicular homicide). Impairment by a prescription drug may be as dangerous as impairment by alcohol or a drug of abuse (which for some drugs is writing a place University of Central, precisely the reason a prescription is essay, required). The statute aims to keep the impaired driver off the road in essay University either case.

While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed — and will be addressed in this case — in essay School sentencing. For the foregoing reasons, the defendant#8217;s Motion for Relief Pursuant to Mass. R. Crim. P. 25(b)(2) is DENIED. About A Place University Of Central. The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. A conviction for Pomfret, felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to endanger(and that her operation caused the death of university Catholic High School, another).

Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in death. Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. 2. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. On Nature. 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 of Hertfordshire (Navitas), warrant admission of Trooper Alvino#8217;s testimony. 3. With respect to diazepam and 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 the attorney general#8217;s list of controlled substances, incorporated by reference into c. 94C, §1 and writing on nature Pomfret School thereby into c. 90, §§24(a) and how to write University 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr. Brower. 4. Writing On Nature. Dr. Writing Conclusion For Essay University Of Hertfordshire. Abela asks his patients whether they have has a satisfactory experience with either or these medications.

Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet. 5. She also stated that her dosages had been increased while she was in the hospital, and that this at first caused her to Pomfret, feel #8220;out of it#8221; and to sleep a lot, but that #8220;now they have no effect on me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to writing a descriptive essay Florida, exclude all prescribing information and warnings given by her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to be driving on essay School them, because I asked him yesterday #8230; and he said it was fine. He said they have no effect on your driving.#8221; 6. Dr. Writing About University Of Central Florida. Balser and the police witnesses were in agreement that the decision whether or not to test for intoxication is essay writing on nature Pomfret School, a medical one, made by the physician and not under the direction of law enforcement. 7. This description of the defendant#8217;s affect could be interpreted as at writing essay about least generally consistent with the description, given by Dr. Brower, of the calming and sedating effects of writing School, lorazepam and diazepam. The jury might also have concluded, reasonably, that the The Fessenden School, effects of these medications would be less familiar to a layperson, including a police officer, than the effects of, say, alcohol. 8. Krusen recalled a Ford Ranger pickup (he drives one too) of an essay writing Pomfret School, 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 writing for essay (Navitas), describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in essay writing on nature Pomfret School her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221; 9. Critically Facione The Fessenden. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. At the defendant#8217;s request, and over the Commonwealth#8217;s energetically pressed objection, I gave the jury a #8220;specific unanimity#8221; instruction, requiring that they agree on essay Pomfret School which of the three scheduled medications (if any) had impaired the writing essay University of Central Florida, defendant#8217;s ability to drive. #8220;[W]hen the Commonwealth introduces at trial evidence of Pomfret School, alternate incidents that could support the charge against the defendant, the for essay University of Hertfordshire (Navitas), jury must unanimously agree on which specific act constitutes the offense charged.#8221; Commonwealth v. Kirkpatrick, 423 Mass.

436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Massachusetts law is less than clear (to this judge at least) as to whether a specific unanimity instruction was required in a case such as this. 11. Writing On Nature Pomfret School. The jury could reasonably have credited Curcio#8217;s identification of the truck, and attributed Krusen#8217;s failure to writing essay a place University Florida, identify it to the fact that he had been the driver, and therefore, preoccupied. 12. The SJC noted in Woodward, #8220;Since 1979, the on nature, Commonwealth has appealed verdict reductions in only ten cases, of which seven were affirmed.#8221; 427 Mass. at 667. Eight of these cases (cited in note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute. Operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license.

57 Mass. App. Ct. 80. Appeals Court of how to write essay Broward Preparatory, Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Esther J. Horwich, Boston, for Pomfret, the defendant. The Fessenden School. Jeremy C. Bucci, Assistant District Attorney, for the Commonwealth.

Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the revocation of his probation, based on Pomfret evidence that he was operating a motor vehicle under a suspended license. Probation had been imposed on thinking University (Study November 16, 1999, in Brighton District Court, after the writing Pomfret, defendant admitted to sufficient facts to warrant a finding of guilty on how to write a charge of operating a motor vehicle under a suspended license. On Nature. The judge continued the case without a finding and placed the essay help Marian Catholic, defendant under the supervision of a probation officer on terms that, among others, required that he #8220;obey all court orders and local, [S]tate and [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the defendant was stopped by the Mashpee police on essay writing his way home from a football game.

The stop resulted in new charges being lodged against essay help Marian School, the defendant in Falmouth District Court for operating a motor vehicle while under the influence of alcohol and writing on nature operating a motor vehicle under a suspended license. School. The new offense triggered the issuance of a written notice of writing Pomfret School, a probation violation from the write Monash, Brighton District Court, stating the defendant was not in compliance with the terms of his probation because of the new complaint. Writing Pomfret. After a hearing on March 3, 2000, the judge found that the defendant had violated the terms of his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in High School the day. The judge entered a guilty finding,1 and modified the terms of probation by extending the probationary period to writing Pomfret School, one year from the date of the writing for essay, hearing and essay Pomfret School imposing a suspended, ten-day house of correction sentence.2. On appeal, the how to write essay Broward School, defendant argues that the entry of a guilty finding and the order modifying the terms of his probation should be reversed because (1) the grounds stated as the reason for School, revoking his probation were different from those for which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of North Broward Preparatory School, law, to support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the relevant facts as presented at the revocation hearing. On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on Route 130. He was forced to steer his police cruiser to writing School, the right in think critically The Fessenden order to avoid being hit by a green sport utility vehicle that had crossed the center line. Essay Writing On Nature Pomfret School. Read testified at the hearing that he was unable to see who was driving or how many people were in the vehicle.

He turned his cruiser around and headed southbound on Route 130 in search of the vehicle. Read found it parked at the side of the road. Read observed the how to essay, defendant standing toward the back of the vehicle, on the driver#8217;s side. Read stopped, exited, and writing Pomfret walked toward the defendant. As Read approached, the defendant walked to how to essay University, the passenger side of the vehicle, sat in the passenger seat, and began to essay on nature Pomfret School, look through the glove box. How To Write Preparatory. Read asked the defendant where the writing Pomfret School, driver was; the defendant did not respond.3 At about that time, another individual, Kevin Crosby, the defendant#8217;s son-in-law, emerged from the woods by writing conclusion for essay (Navitas), the side of the road, where he apparently had been urinating. Writing On Nature School. Read asked both the defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in it in the rear of the vehicle.

Read determined that the defendant was the owner of the vehicle. Read determined that both the University, defendant and Crosby were under the influence of alcohol, and placed both in protective custody. Officer Paul Coronella was called and arrived at the scene. The defendant was placed in the rear of Coronella#8217;s police car and Crosby was placed in the rear of Read#8217;s police car, both for transportation to the police station. En route to the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the on nature, driver. 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 for essay University of Hertfordshire, defendant was the driver. After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for operating the essay writing School, 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 contents of the defendant#8217;s vehicle at conclusion for essay University of Hertfordshire the scene, stated in his report that, at the station, he noticed that both the defendant and Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the on nature Pomfret School, defendant was read and Florida understood his Miranda rights. School. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to both Coronella#8217;s and Read#8217;s reports, after the booking procedure, the help Catholic School, defendant was again asked how he had arrived at the football game that day. Both Coronella#8217;s and Read#8217;s reports explain that the defendant answered that he drove from his house in writing Brockton to a descriptive about of Central Florida, his son-in-law#8217;s, Crosby#8217;s, home in East Bridgewater. Essay School. Crosby then drove the defendant#8217;s vehicle to the game.

When pressed on this point during cross-examination, Read testified that he had no memory of the defendant telling him that his sister had given him a ride to Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the essay about a place of Central, 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 vehicle at the time it was stopped. Rather, the judge credited the defendant#8217;s admission, as reported by Coronella and Read, that he had driven from essay on nature Pomfret School, his house to Crosby#8217;s house, the first leg of the trip to the football game.4. On these facts, the defendant raises several issues implicating due process; we find no merit to his contentions and a descriptive a place University we affirm. Written Notification. The defendant first argues that the written notice of writing School, surrender referenced only the two charges for writing conclusion University of Hertfordshire (Navitas), which he was arrested by the Mashpee police, and contained no reference to the uncharged misconduct that occurred earlier in essay writing Pomfret School the day, when he drove from think The Fessenden School, his home to Pomfret School, Crosby#8217;s home under a suspended license.

The issue was first raised in critical thinking University the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. We agree with the defendant that the written notice was limited on its face to the two charges filed in connection with the writing on nature Pomfret School, incident that occurred on Route 130, and that the notice of violation of probation did not include mention of his operating the motor vehicle on a public way earlier in writing for essay University of Hertfordshire 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 writing School, claimed violations are included among the #8220;minimum requirements of due process,#8221; Commonwealth v. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an critical thinking method (Study, inflexible concept. Ibid. On Nature. Flexibility is important both to insure the offender the opportunity inherent in the grant of conditional liberty that probation affords, and to insure the Commonwealth the ability to deal expeditiously with a violation of 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 not a criminal prosecution. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. Essay Help Marian. In this case, the written notice did not specifically state the basis upon which the judge based the revocation. The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in the police reports that were generated in relation to the charges listed on the notice of probation violation. In any event, assuming that the failure to specifically enumerate the misconduct on 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 writing Pomfret introducing the issue at the inception of the hearing, and in vigorously cross-examining the officer on the issue, amply support the conclusion that any error here was harmless. For example, at the opening of the how to write a persuasive North School, hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the influence charge. With respect to the remaining issue, operating after suspension of license, she indicated a willingness to admit if the court were to accept a recommended disposition on the probation violation. After discussion about a possible disposition, counsel told the judge the following: #8220;There is on nature Pomfret School, a second matter of operating after a suspended license. And there are two incidents of operation, one of which I understand my client is accused of writing conclusion of Hertfordshire (Navitas), admitting that he did.

I#8217;m not saying that is his position, but in the police report it indicates something to that effect. Pomfret. #8220;If we could just go forward with regard to that issue and facione The Fessenden School not stipulate to the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the officer with regard to the defendant#8217;s statement that he had driven the car earlier in essay on nature Pomfret the day, and went so far as to elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby#8217;s house. Counsel was amply prepared at the start of the hearing to consider the issue of the defendant#8217;s admitting to the first occasion of driving after suspension of his license. On the facts of this case, the defendant is unable to demonstrate prejudice resulting from any lack of notice, and this failure to how to write essay North Broward Preparatory, show prejudice is fatal to essay writing Pomfret School, his claim of error. See Delisle v. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Method University (Study. Compare Commonwealth v. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the evidence. Essay On Nature Pomfret School. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; (b) again due to his state of intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights and therefore should not have been considered; and (c) the alleged admission was unreliable and critical thinking University of Groningen (Study insufficient to form the writing, basis of the critical thinking of Groningen, probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. Essay Pomfret School. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the basis of the violation. The record shows that the conversation reported by Coronella, in which the defendant admitted to driving the vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at the hearing supports this version of events.8.

Moreover, even were we to agree that the defendant#8217;s admission was obtained prior to writing a descriptive essay, his being given his Miranda rights, the statements were admissible. Following the rationale established in United States v. Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the use of evidence obtained in violation of the Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in violation of the essay on nature School, defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the how to write essay North, basis for Pomfret School, a probation surrender. Where, as here, the primary focus of the police inquiry, including the writing essay about a place of Central Florida, arrest of the defendant and 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 School, exclusion at a probation revocation hearing of the defendant#8217;s statement would be unlikely to serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. Critical University (Study. Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and Pomfret School Fourteenth Amendment voluntariness.

Simon next argues that the statement he made at the police station should have been inadmissible at the probation revocation hearing, on the. basis that it was not made voluntarily due to his intoxication, and writing essay a place University Florida 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. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to conclude otherwise, the defendant is not entitled to relief. In the context of essay writing on nature Pomfret, a criminal trial, where evidence of intoxication has been presented, and university help Catholic School the voluntariness of statements is in issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an affirmative finding on essay writing on nature the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is allowed to consider them. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999). See also Commonwealth v. Mello, 420 Mass. Write North Preparatory School. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the issue of voluntariness where the defendant claims to have been under the influence of drugs or alcohol#8221;). Essay Writing On Nature School. Such special care with regard to intoxication is necessary; the United States Supreme Court has noted, #8220;as interrogators have turned to writing conclusion, more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S.

157, 164, 107 S.Ct. Essay Writing. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on the bases of Fifth and write a persuasive essay North Broward Preparatory Fourteenth Amendment due process at on nature Pomfret a probation revocation hearing, we find instructive the writing a descriptive of Central, reasoning in the decisional law related to Fourth Amendment violations. In such circumstances, most Federal courts refuse to essay writing on nature School, apply the critically School, exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the petitioner#8217;s probationary status. See United States v. Gravina, 906 F.Supp.

50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to police harassment when the defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. Gravina, supra at 54, quoting from United States v. James, 893 F.Supp. Writing Pomfret. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in the type of harassment necessary to invoke the exclusionary rule#8230;. [W]here harassment may be a singular act, at least some irregularity in the conduct of the police officials must be present#8221;). While the police officers were aware of Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for this reason alone.10 See, e.g., United States v. Gravina, supra at 53-54. See also note 9, supra.

Further, the police had already placed the defendant under arrest for driving under the write essay, influence, and essay on nature Pomfret School the record shows that their inquiry was targeted to elicit evidence in support of writing a descriptive essay about, a conviction on that offense, rather than for the purpose of eliciting information by which probation could be revoked. Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in most instances, a police officer is primarily interested in obtaining evidence with which to essay on nature Pomfret, convict a defendant. Revocation of probation is generally only a minor consideration, and therefore the risk that illegally obtained evidence might be excluded from such proceedings is likely to have only a marginal additional deterrent effect on illegal police misconduct#8221;). In addition, we note that the 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 the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the how to write essay School, Supreme Court #8220;cautioned against expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of constitutional guarantees against police overreaching. See id. at 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S. 477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972).

We see no reason that the writing on nature Pomfret, exclusionary rule be applied in these circumstances. #8220;In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of course to probation revocation proceedings because the `application of the exclusionary rule is restricted to 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. Write Monash University. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the State has an overwhelming interest in being able to return an individual to imprisonment without the burden of a new adversary criminal trial if in School fact [the probationer] has failed to abide by the conditions of his [or her probation].#8217; Morrissey [v. Brewer, 408 U.S. How To Write A Persuasive Essay North Broward. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. Essay On Nature Pomfret. We weigh this overwhelming State interest in admitting all reliable evidence against think critically The Fessenden School, the deterrent purpose of the exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to determine that the statement had been given involuntarily, when, as here, there is no evidence that the statement was the product of police harassment or the result of a police focus to obtain evidence specifically for a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to Crosby#8217;s home that morning, is insufficiently reliable, first because it is unsubstantiated by other corroborating evidence, and, second, because it is Pomfret, hearsay, reported by one officer, and contradicted by other evidence in the hearing.

Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the #8220;full panoply of constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to critical method University Group), revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is admissible, and essay writing Pomfret all reliable evidence should be considered. A Persuasive Broward. See id. at essay writing School 113-117, 551 N.E.2d 1193. Even the right of confrontation may be denied if the #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the ultimate goal of providing an accurate determination as to a descriptive essay a place Florida, whether revocation is proper. See Durling, supra at 116, 551 N.E.2d 1193.

Here, there was ample evidence to corroborate the defendant#8217;s statement. It is undisputed that the two went to writing, the football game in think critically The Fessenden School the defendant#8217;s car. The defendant lived a distance from Crosby#8217;s home, and the two were returning there when they were stopped by the police. No other explanation was offered of how the defendant and his vehicle got from writing on nature Pomfret School, his home to Crosby#8217;s.11 The cases cited by the defendant in university essay help School his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to corroborate the admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in essay School fact necessary for an admission in the context of a hearing on surrender. As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to driving earlier in the day, and that he had made a note of it in his police report. Read was present at the hearing and subject to cross-examination. The statement was an admission against interest made by the defendant to police officers at a time when the officers were investigating him for thinking, another alleged crime, operating under the influence. Essay Pomfret. The defendant, though present in method Group) court, chose to essay writing Pomfret, remain silent.

Declarations against penal interest are admissible for the truth of the matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at 516 (7th ed.1999). How To Write Essay University. The hearsay was both credible and essay on nature Pomfret School reliable. Order revoking probation affirmed. 1. See, e.g., Commonwealth v. Villalobos, 437 Mass. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to the continuance, he may be found guilty and sentenced). 2. In accordance with Rule 9 of the District Court Rules for for essay of Hertfordshire, Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of a guilty finding and essay on nature Pomfret School the revocation of straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to the testimony given by Officer Read at the surrender hearing.

Police reports filed after the arrest indicate a somewhat different answer to Read#8217;s initial questions. Any variance is thinking method of Groningen (Study, not material to writing on nature, our decision. 4. At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the judge noted that he found the defendant in violation based upon his operation after suspension. He also indicated that evidence on write essay Monash which he relied in making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. John Read#8221;; #8220;Breath test on D.#8221; Given the written finding that revocation was based on #8220;Operating motor vehicle while suspended,#8221; and the judge#8217;s unequivocal statement that he was not relying on Crosby#8217;s statement, we adopt the view that the revocation was based on Pomfret School 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. With respect to the alleged violations, the a descriptive a place, notice stated in full: #8220;You are hereby notified of the essay on nature Pomfret, following alleged violation(s) of the probation order that was issued to you in the criminal case identified above: You violated a criminal law of the a descriptive essay about University of Central Florida, [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. after susp. Writing School. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the trial judge indicated in his findings that he did not rely on Crosby#8217;s statement that the defendant was driving, there is ample additional circumstantial evidence to tie the how to write essay Monash University, defendant to the operation of the vehicle at the time of the stop. Having determined that revocation was proper on the grounds cited by on nature Pomfret, the judge, we need not reach the Commonwealth#8217;s arguments in this regard.

7. See as well Rule 3(b)(ii) of the District Court Rules for Probation Violation Proceedings, which sets forth notice requirements. Writing University Of Hertfordshire. The rule went into essay writing School, effect four days prior to the notice of write essay North Preparatory School, surrender. 8. Coronella#8217;s report states in pertinent part: #8220;During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. c.] 265 section 5a and stated that he wanted to take the breath test. [The defendant] was given the test and the results were as follows#8230;. [The defendant] was again asked how he got to the #8230; game. He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and writing School then Crosby drove his vehicle to think facione School, the game.#8221; Read verified during his testimony at the hearing that the writing on nature School, statements were made after Miranda warnings were read at the station. 9. The United States District Court for Massachusetts explained: (1) the facione, Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have refused to writing on nature Pomfret School, apply the exclusionary rule to evidence seized in violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an thinking of Groningen, exception that such evidence is inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is aware of the target#8217;s probationary status, but not where a police officer is essay Pomfret, unaware of that status; and (4) the Fourth Circuit #8220;stands alone#8221; in excluding all evidence obtained by unconstitutional searches from probation revocation hearings. How To Monash. See United States v. Essay Writing On Nature Pomfret School. Gravina, supra, and university essay School cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and Seizure or in Absence of Miranda Warnings, 30 A.L.R. Fed. 824, 829-835 (1976 #038; Supp.2002).

10. The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of essay on nature Pomfret School, evidence obtained. 11. Defense counsel makes much of the Monash, fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the defendant from his home to Crosby#8217;s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the defendant had made to the effect that a family member had driven to Crosby#8217;s. Any determination of the weight and credibility of Read#8217;s testimony was for the judge, and the contradiction was not so egregious as to cause us to conclude that the judge committed plain error. See Commonwealth v. Tate, 34 Mass.App.Ct.

446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests. 76 Mass.App.Ct. 908. Essay Writing On Nature Pomfret School. Cheryl A. BAZINET. Appeals Court of Massachusetts.

James M. Milligan, Jr., Norwell, for the defendant. Michelle R. King, Assistant District Attorney, for the Commonwealth. Write Monash University. Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on Route 20 in the town of Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and writing on nature Pomfret School detected an odor of essay a place University of Central, alcohol. Consequently, the essay School, trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for method University (Study, administration of field sobriety tests. When Bazinet stepped out of the essay writing Pomfret School, vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on her breath as she spoke.?

Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to dismiss the complaint on grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the motion, a judge of the District Court reported the case for an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. A Persuasive Broward School. 930 (1979). On Nature School. See generally Commonwealth v. Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). Think Critically. The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is writing Pomfret, OUI, to further detain an operator directing them from the screening area to the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to further detain an operator for further testing? ?2.

Is the about a place of Central, Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to the sobriety checkpoint stop in writing Pomfret question on. University Marian Catholic High School. 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 the Supreme Judicial Court in Commonwealth v. Murphy, 454 Mass. Writing On Nature School. 318, 910 N.E.2d 281 (2009), a case decided after the method University (Study Group), report. In essence, the court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the troop commander to the officer in charge of a specific checkpoint, met constitution standards.

Id. at 328, 910 N.E.2d 281. We think that the on nature Pomfret School, decision in Murphy requires an affirmative answer to both questions. Insofar as question one is concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at help 320 n. 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is reasonable suspicion, based upon articulable facts, that the operator #8230; is committing #8230; an OUI violation.? In Murphy, the troop commander#8217;s order, like the Pomfret, troop commander#8217;s order in this case, stated that further screening after the initial stop ?should be made? if the critical of Groningen (Study, screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the essay writing on nature Pomfret, ?odor of facione The Fessenden School, alcohol? was one of the ?clues of impaired operation? for which the Pomfret School, screening officers were to check and which, if observed, would provide a basis for further screening and investigation. Think Facione The Fessenden. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is writing Pomfret School, consistent with judgments made by courts in other States that have considered similar questions. See State v. Rizzo, 243 Mich.App. How To Write Monash. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to Pomfret, a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of alcohol was sufficient to allow officer to conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist.

No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. Write Essay Monash University. 28, 2007) (explaining that ?the ?strong odor? of on nature, alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to critical University (Study Group), question two, the opinion in Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by writing Pomfret School, alcohol. From the record, however, it appears that the checkpoint the think critically facione School, State police conducted in this case was governed both by General Order TRF-15 and by essay, operational instructions contained in a letter from the troop commander to the officer in charge of the checkpoint, as well as by Order 07-DFS-056. Order TRF-15. and the operational instructions are, in all material respects, identical to the instructions discussed by the court in Murphy.

As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to all observed violations, thus reducing further the kind of discretionary enforcement that in other cases has been found constitutionally wanting. Critical Thinking Of Groningen (Study Group). See, e.g., Commonwealth v. Essay Pomfret. McGeoghegan, 389 Mass. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the answer to reported questions one and University Group) two is ?yes.? 1. This appears to be a typographical error. The Division Commander#8217;s Order included in essay Pomfret School the record appendix is numbered ?07-DFS-56.? 2. The court#8217;s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the odor of alcohol, the speech of the operator, alcohol in plain sight in the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281.

Later in thinking of Groningen Group) the opinion, the court said that ?TRF-15 requires a predicate of essay writing on nature School, reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in university essay help High School plain view),? omitting ?odor of alcohol? from that list. Id. at 328, 910 N.E.2d 281. We think that nothing of consequence flows from the omission. As a consequence of a motor vehicle accident on essay School January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. Thinking Method University (Study. L. c. 90, § 24(2)(a). Writing On Nature Pomfret. COMMONWEALTH OF MASSACHUSETTS APPEALS COURT.

Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to conclusion for essay University (Navitas), its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the essay writing Pomfret, facts of the case or the panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the think The Fessenden, views of the panel that decided the case. Essay Writing On Nature School. 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. How To Write Monash. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. Essay Writing School. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. How To A Persuasive North Broward Preparatory School. c. Essay Writing Pomfret School. 90, § 24(2)(a). On the day following the rendition of the jury#8217;s verdicts, the help Marian Catholic, presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the writing on nature School, enhanced charge of OUI, fourth offense, G. L. How To Write University. c. 90, § 24(1)(a)(1), sixth par. School. On the same day, the defendant pleaded guilty to the charge of how to essay North Broward Preparatory School, OUI after suspension or revocation of her driver#8217;s license for prior conviction of OUI, G. Essay Writing On Nature School. L. c. University Help. 90, § 23. Upon the convictions for OUI fourth, the writing on nature Pomfret, judge sentenced the defendant to writing essay a place of Central Florida, four and one-half to five years#8217; confinement at State prison; upon the conviction for writing on nature Pomfret School, operation after suspension or revocation by reason of prior OUI conviction, the judge imposed a sentence of two and one-half years#8217; confinement at the house of correction from and after completion of the write a persuasive North Broward Preparatory School, State prison sentence; and upon the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of correction to run concurrently with her sentence at writing Pomfret School State prison. The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for how to write a persuasive Preparatory, determination of the exposure of essay writing Pomfret School, members of the jury to prejudicial publicity during the course of the trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences. Writing Essay A Place Of Central. For the essay Pomfret, following reasons, we reject the defendant#8217;s appellate contentions and Florida affirm the convictions and the sentences.

Factual background. Writing. The evidence permitted the essay North School, jury to find the following facts. On the afternoon of January 26, 2008, the defendant consumed four or five beers at her home in Lynn between 2:45 P. M. and 6:00 P. M. At about essay writing on nature School, 6:00 P. How To Write Essay North Preparatory School. M., she left the house in order to School, purchase take-home food from a delicatessen in the city. She took with her an additional can of beer, opened it, and put it in her handbag in the car. At a major intersection in conclusion University Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to drive up to and against the front door of a restaurant (not the restaurant to which she was headed for purchase of on nature Pomfret School, food). The impact of facione, travel over the island and possibly up against the restaurant entrance resulted in Pomfret a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. She did not respond to his instruction to write, put the car in park gear; he did so and turned off the ignition. He noticed that her speech was slow and that an odor of alcohol was in her breath.

A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the interior of the automobile. The officer also observed glassy and bloodshot eyes and essay on nature slurred speech. He saw the open beer can inside the automobile. He formed the School, opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and testimony, the Lynn Item newspaper published a morning article about the case. Pomfret. The story carried the headline, #8216;Trial begins for a descriptive a place University, Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the on nature School, 1990#8242;s and a fourth in 2004. A Descriptive Essay University Florida. The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for the current incident. At the beginning of the third day of trial, all counsel and the judge discussed the appearance of the article. When the jury entered the courtroom, the judge addressed the following question to them. #8216;Has any member of the jury read, seen, heard or overheard anything from any source about any aspect of Pomfret, this case outside of the courtroom, since yesterday, that has affected or would affect your ability to consider this case in any way as a fair and impartial juror?

Nobody#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about any publicity from the news media about this case? Please raise your hand if there is anyanything you#8217;ve heard at all, even the tiniest thing. University Marian School. Okay, nobody is raising their hand. Okay. Pomfret School. All right, so we will resume with the trial.#8217;

Defense counsel did not object to critical University Group), the judge#8217;s treatment of the issue of essay writing School, exposure to prejudicial publicity by these questions. Later that day, after the conclusion for essay University, close of the evidence and in the course of essay writing School, final instructions to the jury, the judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. After the thinking method University of Groningen Group), return of the jury verdicts, the finding of the bench trial, and the submission of the plea of guilty to operating after suspension or revocation for prior OUI violations, the writing Pomfret School, judge imposed sentencing from the how to essay, bench. His comments included the on nature, following. #8216;This is a sad case. I understand that I have a limited amount of information about conclusion University of Hertfordshire (Navitas), what happened and about the [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 essay Pomfret School she probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to these things. Write A Persuasive Preparatory. But the sentence I#8217;m going to essay writing on nature Pomfret School, impose is necessary, in my view.#8217; The judge then specified the sentence for each offense. At the conclusion of his announcement of the university essay, respective sentences, he made the School, following one-sentence statement. #8216;I assume it#8217;s obvious what my feelings are about why this sentence is required.#8217; The remark brought no objection. On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the appropriate space for explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the essay Marian Catholic School, egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article. On appeal and for the first time, the defendant argues that the judge should have conducted individual voir dire interrogation of each juror in order to determine whether he or she had experienced any exposure to the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about essay on nature, a breathalyzer test result and the defendant#8217;s prior OUI convictions. Because the defendant lodged no objection to university help Catholic High, the judge#8217;s preventive or curative efforts at the time of trial, we review this argument under the on nature Pomfret, standard of substantial risk of a miscarriage of justice.

We review the case as a whole and ask (1) whether an error occurred; (2) whether it caused prejudice to writing about University of Central, 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. See Commonwealth v. 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 essay writing Pomfret School, Commonwealth v. Jackson, 376 Mass. Thinking Method (Study Group). 790, 800-801 (1978). The court in that instance set out the following standard operating procedure for instances of discovery of essay Pomfret, potentially prejudicial publicity during the course of trial. #8216;If the judge finds that the material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on essay High School collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of that juror, outside of the presence of any other juror, to determine the extent of the juror#8217;s exposure to the material and its effects on the juror#8217;s ability to render an impartial verdict#8217; (emphasis supplied). The thrust of the defendant#8217;s argument here is that the judge had a duty, not an option, to writing on nature, conduct individual voir dire questioning of the jurors. As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out individual questioning. Consequently, the judge here complied with the standard of the essay help Marian Catholic, Jackson rule.

In addition, we should observe that, in the absence of any affirmative answers to the collective question, a judge#8217;s continuation into individual interrogation of jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to search for it during the course of essay writing on nature School, a trial. That danger has become all the more serious as a result of the evolution of Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1. Sentencing. The defendant argues that the judge#8217;s reference to #8216;feelings#8217; about the imposed sentences reveals a violation of the standard of impartiality mandated for sentencing by case law, particularly the writing a place of Central Florida, case of Commonwealth v. Mills, 436 Mass. 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 transform it from essay writing on nature Pomfret, that of impartial arbiter.#8217; Id. at 401.

The defendant characterizes the reference to #8216;feelings#8217; as a forbidden indulgence of #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the critically facione The Fessenden School, prohibited comments discussed in the Mills case and in any of the decisions cited by the Mills discussion. We view the reference to #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about essay Pomfret, sentencing. In that light, it reflects reasons and not emotion. He commented that he viewed the how to North Preparatory School, case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the defendant. Essay Writing. He observed that she may well have had a hard life. He observed also that he was #8216;sensitive#8217; to University of Hertfordshire, her circumstances. At the same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of innocent travelers and essay on nature pedestrians on and near the roadways.

His sentencing scheme removed that peril for the period of university essay help Marian Catholic High School, years imposed for confinement. The sentencing fell within the bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. 1. An additional interpretation of the defendant#8217;s argument is that the essay writing on nature School, judge had a duty to make specific reference to the Lynn Item article in facione The Fessenden School his collective question to the jury. The Jackson case creates no such duty. Specific reference would raise the risk of juror research.

The judge#8217;s choice created no error of law or abuse of discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of writing on nature Pomfret School, Massachusetts, Argued Feb.

3, 2010. Decided June 1, 2010. How To Write North. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. (OUI), fifth offense, in on nature School violation of G.L. Writing About A Place University Of Central Florida. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. On appeal, he argues that the pier on which he was arrested was not a public way under the statute, that he received ineffective assistance of counsel, and essay on nature Pomfret that the judge considered improper factors in sentencing the defendant. We affirm. 1. Facts. Writing Conclusion University (Navitas). The jury were warranted in Pomfret finding the for essay (Navitas), following facts: Pier 4 is located in the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by automobile only by way of public streets.1 Those streets end at Terry Ring Way. Essay Writing School. As described by university essay Marian High, a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and stop about essay writing on nature, fifty yards down.?

Entry to the pier is then through a swinging gate. Next to the gate was a small, somewhat washed-out sign. According to Monash, the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on the pier. The pier was paved and had streetlights. On Nature. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on writing essay a place of Central Florida the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of him. This caught his attention because he understood from signage at the pier, his city employment, and his activities at the pier that unauthorized vehicles were not allowed on the pier. The vehicles he had seen on the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on essay on nature School would had to have gone across the writing conclusion for essay, wooden boards into the section down on the pier; there#8217;s no motor vehicles at on nature all, it#8217;s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Pedestrians go down there, there#8217;s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and he observed the defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating.

He noticed that the essay Monash University, defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of alcohol. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into the truck and attempted to essay writing on nature School, leave the scene. With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by write essay University, opening and closing the truck#8217;s doors and by essay, closing the gates to the pier. Subsequently, Smargiassi called 911, and firefighters arrived and held the defendant. Shortly thereafter, the national park rangers and Boston police arrived. After examining the truck, in which they found beer, and talking to the defendant, the police placed the defendant under arrest. Help High. 2. Public way.

In order to sustain an essay Pomfret, OUI conviction, the Commonwealth must prove that the offense took place ?upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). ?Way? is further defined by 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. 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the ?public have a right of access by motor vehicle or access as invitees or licensees by for essay of Hertfordshire, motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. Essay Writing. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is determinative of its status, rather than the subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). Facione The Fessenden School. See Commonwealth v. Essay Writing On Nature Pomfret School. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996).

In making that determination, we look to see if the university Marian School, ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for travel#8230;.? Commonwealth v. School. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Kiss, 59 Mass.App.Ct. at think critically School 250, 794 N.E.2d 1281. Writing On Nature Pomfret. ?Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at writing essay about of Central 549-550, 672 N.E.2d 16. Essay Writing On Nature School. See Commonwealth v. Stoddard, 74 Mass.App.Ct.

179, 182, 905 N.E.2d 114 (2009); Commonwealth v. A Descriptive A Place University Of Central Florida. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility). Indicia that the essay writing on nature School, way is not accessible to the public include signage or barriers prohibiting access. See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and sign saying, ?[N]o cars beyond this point?); Commonwealth v. Essay Help Marian Catholic School. Stoddard, 74 Mass.App.Ct. at essay writing 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to the campground is university help Catholic School, of great significance?). Writing On Nature. Deeds are also relevant considerations. See Commonwealth v. Hazelton, 11 Mass.App.Ct. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on the pier as there are almost every evening,? and testimony regarding the presence on the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to think critically facione School, the youth of Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. Essay On Nature School. 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 writing about a place University Florida, contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier.

In sum, the status of the pier as a public way is a close question. There was ample evidence that the pier was public and a way and School paved and think critically School lit in a manner suitable for vehicular traffic. The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in which the defendant was arrested while drinking and driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in essay on nature Pomfret ? 24, requires inquiry whether the public has access, by a motor vehicle, to writing University, a particular way or place? (emphasis original).3 The court in George reversed the conviction because the drinking and driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the instant case, the writing, presence of a gate and signage are strong indicators that restrictions on public vehicular access were in place. However, the gate blocking vehicular access to the pier was not locked and writing essay about a place Florida could be opened by the public, as it was by the defendant. Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required). Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in on nature the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for think critically facione, vehicular access to the public.

The presence of a public water shuttle dock and essay on nature School a sailing center open to writing conclusion for essay University of Hertfordshire (Navitas), Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at least in the absence of signage to the contrary. We need not, however, resolve this close question because it was obvious that the defendant was driving under the influence of alcohol not only on the pier, but also on the public roads leading to the pier.5 As established by the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to get to the pier by automobile except by the public roads connecting to the pier. The defendant was also observed driving quickly, close to the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to the. pier.6 Also it was reasonable to Pomfret, infer that the Broward Preparatory School, defendant was intoxicated while he was driving on those public roads before he arrived at the pier. The defendant was observed immediately upon his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and having to urinate in public. Proof of operating under the influence on essay writing on nature Pomfret a public way may ?rest entirely on circumstantial evidence.?

Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52, 851 N.E.2d 1102 (2006) (citation omitted). See Commonwealth v. Wood, 261 Mass. A Descriptive A Place Of Central. 458, 158 N.E. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218. Here there was sufficient circumstantial evidence to provide the essay writing Pomfret, necessary proof of a persuasive essay North Preparatory School, all three elements of the offense: the essay School, public way, the driving, and critical method University of Groningen the impairment. Moreover, the judge#8217;s instruction to essay writing Pomfret School, the jury in defining a public way was not unnecessarily narrowed to critical University of Groningen, the pier. Essay Writing Pomfret. Rather her detailed instructions on public way appropriately included the following: ?Any street or highway that is open to the public and is controlled and maintained by some level of government is how to a persuasive Broward, what we call a public way. This includes, for instance, interstate and School state highways, as well as municipal streets and roads.? Thus, the instructions on public way encompassed the writing a descriptive, public roads on which the defendant testified that he drove to writing on nature School, arrive at University of Groningen (Study the pier. 3. Remaining issues.

We need not belabor the remaining issues. First, trial counsel#8217;s failure to object to various hearsay statements by writing Pomfret School, 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 writing conclusion for essay of Hertfordshire (Navitas) this record that trial counsel#8217;s informed and strategic decision to elicit from the defendant that he had sustained a knee injury and that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of his intoxication, it certainly did not ?deprive[ ] the defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the essay, judge considered improper factors in sentencing is without merit. The defendant contends that Spinetto should not have been given the writing a descriptive University Florida, opportunity to writing on nature Pomfret School, give ?a community impact statement,? speaking about how to essay Monash, his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to keep the defendant from writing on nature Pomfret, injuring other people. Although the judge briefly mentioned Spinetto#8217;s community impact statement in her sentencing remarks, it is clear that the defendant was appropriately sentenced based on his prior record and facione The Fessenden School that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of justice. SIKORA, J. (concurring).

I concur fully in the specific rationale of the affirmance: that the evidence and the judge#8217;s proper instructions permitted the jury to find that the defendant had driven under the influence of alcohol on writing on nature Pomfret the public roads leading to the pier. Ante at 835, 927 N.E.2d at 500. Think The Fessenden School. That analysis freed us from the need to Pomfret School, 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. The ?close question? results from critically facione School, a line of precedent restrictively construing the School, statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of precedent still approved by the Supreme Judicial Court.1 At the writing conclusion University of Hertfordshire (Navitas), same time, I believe that the evidence of this case exposes a deficiency in the current statutory construction and the need for examination of the underlying case law.2. Essay School. Significant facts. Thinking Method (Study. The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to Pomfret School, provide the following: ?Whoever, upon any way or in any place to how to essay University, which the public has a right of access, or upon any way or in writing on nature School any place to which members of the public have access as invitees or licensees, operates a motor vehicle #8230; while. under the influence of intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the location, the how to Preparatory, access roads, the gate, and signage related to the pier.

Ante at 833-835, 927 N.E.2d at 499-501. Essay. Four important and independent circumstances of the use of the pier emerge as well from the evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it. Think Critically The Fessenden. An instructional sailing club conducted a program for children from the pier; their parents and friends would observe their. races from it. The pier contained benches on which pedestrian visitors could rest. The members of the public properly on essay writing on nature School the pier and endangered by Monash, the defendant#8217;s driving were pedestrians. Additionally, the essay writing, evidence permitted the jury to make the following findings about the how to write essay Monash, defendant#8217;s conduct. Essay Pomfret School. He drove his pickup truck at a high speed onto the pier; got out and urinated onto write essay Monash University one of the benches; reentered the truck and essay School backed into another bench; and then backed up further so as to collide with a storage shed used by critical thinking University of Groningen (Study Group), the sailing club.

The truck suffered substantial damage; the essay writing on nature School, defendant got out again and walked away from it. Major case law. A sensible and direct application of the help Marian, words of the statute to the circumstances of the pier and the actions of the defendant would appear to make him punishable. However, the interpretative overlay of the following cases has required that the essay Pomfret School, ?way? or ?place? in question be one of university help Marian, public ?access? by ?motor vehicle.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of writing on nature Pomfret School, his extraordinary conduct on the pier, but rather on the basis of his inferable driving down separate roadways. The original act punished simply operation under the how to write a persuasive, influence ?on any public way or private way laid out under authority of law.? St.1906, c. 412, ? 4. Essay Writing School. It made no reference to operation in a ?place.?

Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for the protection of travellers on highways,? and School therefore presumably persons in motor vehicles. See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by mere shifting of gear and without engagement of the essay, engine by the driver amounted to writing University of Hertfordshire (Navitas), operation; the statute ?was passed for the protection of travellers upon highways?); Commonwealth v. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the use of motor vehicles upon ways?).

In 1928, the Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon essay writing Pomfret School any way, or in any place to 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). G.L. c. 90, ? 24, as appearing in St.1928, c. Think Critically School. 281. Thus the notion of statutory protection for on nature School, highway travelers or motorists took hold in the version of the act predating any reference to operation in a ?place.? Subsequent decisions seem never to have caught up with the writing a descriptive Florida, 1928 addition of the concept of essay writing on nature Pomfret School, a ?place? as the site of operating under the influence. Despite the added term, the a persuasive essay Broward Preparatory, court in writing on nature Pomfret Commonwealth v. Paccia, 338 Mass.

4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over 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 canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to private sites receiving members of the public as business invitees or licensees. Ibid. Three years later the Legislature responded with the how to essay, additional words ?as invitees or licensees.? St.1961, c. 347.

In one subsequent case, Commonwealth v. Connolly, 394 Mass. Writing School. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of conclusion University of Hertfordshire, ?under the influence?), the court in dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of travellers upon highways?). Writing On Nature Pomfret School. In another it determined that the critically facione The Fessenden School, defendant#8217;s operation of essay Pomfret School, his pickup truck on university Catholic High School a privately owned parcel of 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 writing, which the members of the writing a place University, public [have] access as invitees or licensees? because the essay writing Pomfret, owner had never consented to such entry. Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the 1961 amendment had ?extend[ed] the method University of Groningen (Study Group), reach? of the act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against the Commonwealth applied to its terms. Id. at 205, 539 N.E.2d 533. ?There is reason to believe that [the 1961 amendment references to invitees and licensees sought] to essay Pomfret, address the problem of accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the writing essay University of Central, act in on nature Pomfret School 1990, the court held that the center field area of a public school baseball field did not qualify as a public way or place to which the public had access by essay High, motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto Pomfret School the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to a particular way or place by writing for essay University of Hertfordshire, motor vehicle. Essay Writing On Nature. Id. at 638, 550 N.E.2d 138.

4. The issue. University (Study. None of the cases appears to have addressed the writing on nature Pomfret, applicability of the statute to places to write essay, which members of the public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the term ?access? in on nature School the impaired driver statute means only public access by a motor vehicle seems to me unwarranted by its language and contradicted by its safety purpose. The precise language of the act is the how to write a persuasive essay North Broward Preparatory School, first source of insight into its meaning and legislative intent. See, e.g., Hoffman v. Essay On Nature Pomfret School. Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Superior Court Dept. of the critically, Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees. Writing On Nature. The repeated use of the article ?any? with no limiting adjectives or phrases attached to critically The Fessenden School, the words ?right of on nature Pomfret, access? and ?invitees and licensees? denotes the writing a descriptive University of Central Florida, generality of the intended ?place.?

The Legislature did not confine the roles of invitees or licensees to persons conveyed by motor vehicles. Essay Writing On Nature Pomfret. It. chose the additional words in 1961 as a specific answer to the narrow interpretation and the invitation of additional language by a descriptive essay a place University of Central Florida, the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and a ?place.? Its revisions of the writing on nature Pomfret, statute have progressively expanded its range. On three occasions the courts have pointed out university essay help Catholic High School, that the writing on nature School, 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 implication?); Commonwealth v. Connolly, 394 Mass. at how to University 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to the statute#8217;s meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). Essay On Nature Pomfret School. If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable. However, as the latest reference in the George case, 406 Mass. at think critically The Fessenden School 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to members of the public as motorists and not as pedestrians has proceeded ?without discussion? of essay on nature School, any ambiguity. A Descriptive About A Place. The rule of lenity gives the defendant the benefit of a plausible ambiguity. Essay. It ?does not mean that an available and sensible interpretation is to be rejected in favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct.

23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of interpretation deserve consideration and application in university essay help 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. Essay Pomfret School. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against the defendant#8217;s contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Legislature#8217;s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. c. 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement.

By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by the Legislature expanded the diameter of the statute beyond the focus of the critical method, early decisions on protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature. Pomfret School. Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to how to write a persuasive essay North School, a statute that the Legislature did not put there, either by inadvertent omission or by design?). Essay Writing On Nature School. See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same).

Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to which the public has a right of access, #8230; or #8230; any place to think critically facione The Fessenden School, which members of the writing, public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to broaden the coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the write essay University, impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at least an irrational result. It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on usual roadways.

It excludes from the protection of the statute members of the public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the essay School, usual ways of motor traffic. Members of the public engaged in rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the kind presented in this case would be located in places of Marian Catholic High School, insufficient public access for protection against writing School, impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the write a persuasive essay, act. It shifts the application of the law from the irresponsible conduct of the impaired driver to the fortuitous location and status of his endangered or injured victim. Essay On Nature. Solutions. A ?place? is a location other than a ?way,? and a ?member of the public? can be a person other than a motorist. The decisions have fallen behind the statute. The principle of stare decisis should not denature into a pattern of errare decisis. Several processes are available to thinking method University of Groningen Group), break the momentum of error. Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the place in which the impaired driving injured or endangered pedestrians, as occurred here. Within the judiciary the Supreme Judicial Court could reconsider the present construction said by the court in George to have evolved without discussion.

Finally, and perhaps ideally, the Legislature could further amend the statute to extend its reach unmistakably to ?any place in which the public has a right of access, or #8230; any place to which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Photographs of the pier, maps, and plans were introduced in evidence, as well as detailed testimony explaining the exhibits. 2. Essay On Nature. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to drive to the Charlestown Pier. He then drove in traffic on a descriptive essay about University of Central public streets leading to essay Pomfret School, the Navy Yard and Pier 4. As he approached the pier, he had to ?race up and pass? one car. Writing Essay Of Central Florida. He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for a required finding of not guilty at the close of the Commonwealth#8217;s case on the public way question, we do not consider the defendant#8217;s testimony in determining whether that motion should have been allowed.

3. In Commonwealth v. Essay Writing Pomfret. George, ?the parties [had also] agreed and the jurors were instructed that the critically facione The Fessenden School, baseball field was not, as a matter of law, a public way.? Id. at 636, 550 N.E.2d 138. 4. The evidence in Commonwealth v. Writing On Nature Pomfret. George, supra at 637-638, 550 N.E.2d 138, indicated that the how to write essay Monash University, defendant consumed alcohol on the field and overturned the car while trying to leave the field. In the instant case, in on nature Pomfret contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the critically School, influence on public roads prior to his arrival at the pier. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for the jury#8217;s consideration.

6. The passenger left the car soon after they were confronted at the pier. 7. The Commonwealth chose not to essay on nature Pomfret School, inquire about the field sobriety test on writing a descriptive University of Central Florida 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 essay, prosecutor in the case and the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Burke v. 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. Dube, 59 Mass.App.Ct.

476, 485-486, 796 N.E.2d 859 (2003), and university essay High School cases cited. That limitation, however, does not bar the court from useful observations in dicta about the essay on nature School, continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to pay rent upon writing about a place Florida a nonresidential tenant independently of the landlord#8217;s breach of on nature Pomfret School, covenants in the lease; and critical thinking method of Groningen (Study the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002).

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

Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in of Hertfordshire 1994, see G.L. c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. 25, ? 3, and by St.2003, c. Essay Pomfret. 28, ? 1. 4. In decisions addressing the writing a descriptive a place, meaning of a ?way? in ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by on nature Pomfret School, G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at facione The Fessenden 832-833, 927 N.E.2d at 498-99, we have examined the site where the on nature, suspect was driving under ?the usual indicia of accessibility to the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at 833, 927 N.E.2d at 499, quoting from Commonwealth v. A Descriptive A Place. 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 both sides of which were business abutters and which was indisputably open for travel by motor vehicles. Essay Writing On Nature. 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 critically facione School, jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. McGILLIVARY.

Appeals Court of Massachusetts. Essay. September 13, 2010. January 25, 2011. NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the critical thinking of Groningen (Study Group), advance sheets of the Official Reports are published. Motor Vehicle, Operating under the influence, Operation.

Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of Pomfret School, counsel, Jury and jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. James P. McKenna for the defendant. Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. Method University Of Groningen (Study. The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. Essay On Nature Pomfret School. c. 90, § 24(1)(a)(1). 1 His principal issue focuses on the meaning of writing essay a place of Central Florida, #8220;operation#8221; under that statute.

We affirm. 1. Operation of the motor vehicle. A. On Nature School. Operation as matter of law. University Help Catholic School. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by putting the keys in the ignition and turning the electricity on, but not turning the engine on. There was no evidence from which the jury could infer that the writing School, defendant drove his car drunk before getting behind the how to essay Monash, wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the evidence of operation was insufficient as matter of writing on nature School, law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged. Essay Help Marian. 2 The issue whether a defendant who places the key in the ignition and turns the electricity on without starting the engine may be found to be #8220;operating#8221; the vehicle for purposes of G.L. c. 90, § 24, is one of first impression in Massachusetts. 3. To define #8220;operation#8221; we must look to the touchstone case of Commonwealth v. Uski, 263 Mass.

22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the meaning of G.L. c. 90, § 24, when, in the vehicle, he intentionally does any act or makes use of writing on nature, any mechanical or electrical agency which alone or in sequence will set in motion the motive power of write North Broward Preparatory School, that vehicle.#8221; 4 See also Commonwealth v. Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of operation). Under the Uski definition, turning the key in the ignition to the #8220;on#8221; setting could be found to be part of a sequence that would set the vehicle#8217;s engine in motion and that would, thus, constitute operation. 5. Our conclusion is informed by essay writing on nature Pomfret, the public policy underlying the Massachusetts OUI statute. The purpose of G.L. c. 90, § 24, is to #8220;protect[] the for essay (Navitas), public from intoxicated drivers,#8221; Commonwealth v. Ginnetti, 400 Mass. Essay. 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from getting into think The Fessenden, their vehicles, except as passengers.#8221; Commonwealth v. On Nature Pomfret. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from of Groningen (Study Group), State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977).

Cf. State v. Haight, 279 Conn. Essay On Nature. 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 essay North Broward, putting themselves in the position in which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). Even an intoxicated person who is sleeping behind the on nature School, wheel is dangerous because #8220;that person may awaken and decide to drive while still under the influence.#8221; State v. Kelton, 168 Vt. 629, 630 (1998). 6. In sum, applying the thinking of Groningen, Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the defendant, who was found in the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to be the first step in a sequence to set in motion the motive power of the vehiclewas sufficient to permit the School, jury to conclude that he #8220;operated#8221; the Monash, motor vehicle. See also State v. Haight, 279 Conn. at 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of operation similar to the Uski definition because this is an act that is part of a sequence that will #8220;set in motion the motive power of the essay writing on nature, vehicle#8221;) (citation omitted). 7, 8. University Essay Help Marian. We are unpersuaded by the defendant#8217;s interpretation of Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an essay writing on nature School, engine be engaged and as meaning that turning the key to the #8220;on#8221; position could not constitute operation. Specifically, the think, defendant argues that turning the key in writing Pomfret the ignition to High, a position that does not start the car would only draw power from the battery and writing School thus neither starts the writing a descriptive essay about, engine nor makes use of the power provided by its engine. Even if we assume, arguendo, that the defendant is correct and that turning the key to the #8220;on#8221; position does not engage the on nature School, engine, 9 the defendant misconstrues Ginnetti.

In Ginnetti, supra at 183-184, the writing University, court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. c. 90, § 24, #8220;merely because it is immovable due to road or other conditions not involving the vehicle itself.#8221; Id. at Pomfret School 184. University. Applying the writing Pomfret, Uski definition to the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by how to essay North Broward School, starting its engine or by making use of the power provided by its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the jury instructions were inappropriate. The judge#8217;s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of essay writing on nature Pomfret School, miscarriage of justice. Critical Method University Of Groningen (Study. Contrary to the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the defendant was sleeping in the driver#8217;s seat with a key turned in the ignition compelled a finding of operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. B. Essay. Sufficiency of the evidence.

The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the writing essay about University of Central, fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to on nature, present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. 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 key. We consider #8220;whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is sufficient#8230; to permit the jury to infer the existence of the essential elements of the how to a persuasive Broward, crime charged#8230;#8221; beyond a reasonable doubt. Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in the light most favorable to the Commonwealth shows that the defendant was found asleep in the driver#8217;s seat #8220;slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in the ignition and had been turned to the #8220;on#8221; position so that the #8220;energy to the vehicle was on,#8221; but the engine itself was off and essay writing on nature #8220;[t]he vehicle was not running.#8221; The police officer had to #8220;physically turn the ignition back#8221; in order to remove the key. The police did not observe anyone else in the van at the time of arrest.

Viewed as a whole, the evidence was sufficient to how to write a persuasive Broward School, support a finding that the writing Pomfret School, defendant, while sitting in conclusion University (Navitas) the driver#8217;s seat of the vehicle, put a key in the ignition and turned it to the #8220;on#8221; position. Writing On Nature. 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 OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). Essay About Of Central. The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. First, the defendant cites testimony by the defendant and the arresting officer that the defendant, upon being awakened by the police officer, told the essay writing on nature, officer that the officer did not have the vehicle#8217;s keys. The defendant testified that, after he moved to the driver#8217;s seat and writing essay about of Central Florida began eating his food, he did not remember what happened until the police officer woke him up. The jury, however, could have found that the defendant simply did not remember placing the key in the ignition, or they may have determined that he was not being truthful in denying putting the key in writing on nature Pomfret School the ignition. Moreover, the facione The Fessenden School, existence of contradictory evidence does not require a finding of essay on nature Pomfret, not guilty. Write A Persuasive Essay Broward. See Commonwealth v. Pike, 430 Mass.

317, 323-324 (1999). Second, the defendant points to the testimony of his friend that the friend left the defendant passed out in the passenger seat and essay on nature Pomfret threw the keys on the passenger side floor when he left the essay University, vehicle. 14 Even if the writing, jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the defendant, who admitted moving from the passenger seat into the driver#8217;s seat, picked up the key and put it in the ignition when he moved to the driver#8217;s seat. 2. Other issues. A. Though he did not object below, the defendant argues that the university essay Marian School, prosecutor misstated the evidence during his closing argument, creating a substantial risk of a miscarriage of justice requiring reversal. We disagree.

The prosecutor#8217;s argument disputing the essay writing on nature School, defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an appropriate response to a persuasive North School, 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 essay on nature Pomfret School, defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the critical method University (Study Group), evidence. B. The defendant argues that his right to testify was #8220;improperly muzzled#8221; at trial because he was not permitted to writing on nature School, testify that he intended to sleep overnight in the van so that he could go to thinking method University of Groningen (Study, court in Gloucester the next day.

The defendant, however, was permitted to elicit testimony from the defendant#8217;s friend that the defendant said he had to essay Pomfret School, work early in the morning and planned to sleep in the van overnight. Furthermore, the record supports the conclusion that the university help High School, defendant accepted his attorney#8217;s strategic advice not to writing, testify during his examination about his plans to sleep in the van because such testimony might open the door to evidence of prior convictions of driving under the influence. See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the defendant moved to replace his attorney, and the judge denied the write Monash University, motion. The record reflects that as soon as the writing School, judge became aware of a conflict between the defendant and his counsel, the think critically, defendant was provided an opportunity to explain his reasons for wanting to essay on nature Pomfret School, remove his attorney. The judge did not abuse his discretion in a descriptive about University denying the defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the essay on nature Pomfret School, case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a new trial on his behalf, but without the defendant#8217;s presence, the defendant#8217;s presence would not have affected the University of Central Florida, outcome of that motion for a new trial; and (4) the defendant merely complained of something that any lawyer who represented him #8220;who had any competence at essay writing School all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). D. The defendant argues that the judge abused his discretion by how to write School, refusing to remove two jurors for cause. We disagree.

With respect to essay writing on nature School, each of the complained-of jurors, the judge dispelled any concerns about the conclusion University (Navitas), juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the evidence to determine whether a police officer was telling the essay Pomfret, truth in the event that the officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of Monash, discretion#8221; in the jury selection process. Commonwealth v. Essay On Nature Pomfret. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). #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 judge abused his discretion by a descriptive essay University of Central, empanelling the juror unless juror prejudice is manifest.#8221; Commonwealth v. Writing Pomfret. Seabrooks, supra at 443. No such prejudice was manifest here.

E. The defendant challenges the sufficiency of the evidence of prior convictions presented at the subsequent offense portion of his trial. Reviewing the issue under the writing for essay, familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in essay Pomfret School 1986 and think facione The Fessenden School twice in 1988. See Commonwealth v. Essay Pomfret School. 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;). Essay University. See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the confrontation clause.

Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 5 (2010). 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 essay writing on nature Pomfret question were OUI convictions and reminded the jury that the Commonwealth still had the burden to prove that the defendant was the person who had committed these previous offenses. F. There is no merit to method University, the defendant#8217;s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. Essay Writing On Nature Pomfret School. 36(b)(1)(C), 378 Mass. 910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the return day in the court in which the case is awaiting trial is presumptively entitled to dismissal of the charges unless the Commonwealth justifies the delay.#8221; Commonwealth v. 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. #8220;The delay may be excused by a showing that it falls within one of the how to write essay Monash University, #8216;[e]xcluded [p]eriods#8217; provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.#8221; Commonwealth v. Essay Writing On Nature Pomfret School. Spaulding, 411 Mass. 503, 504 (1992).

Of the 686 days between those two dates, the how to essay, docket sheet and documents filed in essay on nature Pomfret School support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the calculation. University Essay Marian. Due to jointly agreed upon continuances by writing School, the parties, at least 117 days are excluded. 15 See Barry v. How To Write A Persuasive Broward. Commonwealth, 390 Mass. Writing On Nature. 285, 298 (1983). There were 185 days when the defendant was unavailable while on trial on writing essay about a place Florida another charge that are also excluded. 16 See Mass.R.Crim.P.

36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the defendant#8217;s motion to dismiss, which was filed on December 13, 2006, and decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at writing Pomfret 505 n. 4. In total there were at essay a place University Florida least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to count against the Commonwealth. Therefore, the defendant was tried within the time constraints of rule 36(b), and the order denying the on nature Pomfret School, motion to dismiss is affirmed. 18. 1. General Laws c. Writing University Of Hertfordshire (Navitas). 90, § 24(1)(a)(1), as amended through St.2003, c. 28, §§ 1, 2, provides in relevant part: #8220;Whoever, upon essay on nature Pomfret School any way or in any place to which the public has a right of access, or upon any way or in critical method of Groningen (Study any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of essay writing Pomfret School, alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in thinking University (Study section one of essay writing on nature, 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 offense for which he has been convicted, the defendant shall be punished by a fine of not less than [$1,500] nor more than [$25,000] and by imprisonment in the state prison for not less than two and one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926).

3. If the evidence shows that a defendant was seated in the driver#8217;s seat with the engine running or while it was still warm, it is well established that a jury may draw the reasonable inference that he operated his vehicle within the meaning of the statute. See Commonwealth v. Essay Help. Eckert, 431 Mass. 591, 599-600 (2000) (testimony of police officer, if credited, that he heard engine running would provide sufficient evidence of essay writing Pomfret, operation); Commonwealth v. Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the engine running and a key in the ignition#8221;); Commonwealth v. Writing Of Hertfordshire (Navitas). Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). On Nature School. Cf. Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and keys in ignition does not necessarily mandate a finding of operation). University High School. 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about essay writing on nature Pomfret, whether the defendant turned on the motor or simply placed the key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is not an a descriptive about University, element of the statutory crime#8221;). 6. Essay. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public.

The danger is less than where an intoxicated person is actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is write a persuasive, a legitimate inference to be drawn that he placed himself behind the wheel of the essay writing on nature Pomfret School, vehicle and could have at any time started the automobile and driven away#8221;). Facione The Fessenden School. 7. Cf. Stevenson v. Falls Church, 243 Va. 434, 438 (1992) (applying a definition of operation similar to the Uski definition in holding that the defendant did not operate the essay writing, vehicle #8220;[b]ecause the presence of the key in the ignition switch in the off position did not engage the mechanical or electrical equipment#8221; of the vehicle); Propst v. Commonwealth, 24 Va.App. Writing For Essay. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the position of the key in the ignition is Pomfret, 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. Writing Conclusion Of Hertfordshire. c. 90, § 24: inserting a key in Pomfret School the ignition without turning it and without engaging the writing for essay of Hertfordshire, motor or the vehicle#8217;s power; using an electronic remote starting device to start the engine of the writing Pomfret School, car without inserting a key in the ignition, where putting a key in writing conclusion for essay University the ignition would be required to actually drive the car; or putting the key in the ignition to engage either the electricity or the motor before going to essay, sleep in a seat other than the writing about University of Central, driver#8217;s seat. 9. Writing On Nature School. In the method University of Groningen (Study Group), absence of any evidence below regarding whether the key, when turned in essay on nature Pomfret School the ignition to the on position, engages the essay Broward, engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the jury instructions is the following: #8220;The first element which the Commonwealth must prove is that the defendant operates a motor vehicle.

The expression #8216;operation of a motor vehicle#8217; covers not only all the 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 set the vehicle in motion. To operate a motor vehicle, it is not necessary that the School, engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the use of any electrical agency which alone or in sequence will set in motion the mode of power of the vehicle is sufficient in think critically facione The Fessenden law to on nature, constitute operation. How To Monash University. A person operates a motor vehicle, within the meaning of the writing School, law, when, in the vehicle, he intentionally does any act or makes use of 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. We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the engine was stopped, and the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct.

605, 609 (1988), quoting from writing a descriptive about of Central, Commonwealth v. Pomfret School. Henry, 229 Mass. Writing A Descriptive Essay A Place University Florida. 19, 22 (1918) (operation under G.L. c. 90, § 24, includes #8220;at least ordinary stops upon the highway, and such stops are to be regarded as fairly incidental to its operation#8221;). Such an instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the vehicle by essay School, putting the key in the ignition and turning it. This theory did not depend on any previous operation of the vehicle. 12. The defendant admitted at trial that he had consumed at critical thinking Group) least ten White Russian drinks that evening and was #8220;highly intoxicated.#8221; Furthermore, the School, arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on his feet, and critical thinking University of Groningen (Study had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on the street in front of a restaurant. 14. The defendant also argues that the School, Commonwealth failed to meet its burden by not introducing sufficient evidence that the Monash University, defendant#8217;s friend was not the person operating the vehicle.

See Commonwealth v. Boothby, 64 Mass.App.Ct. 582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the writing, car at write essay Monash the time of the accident). Boothby, however, is essay on nature School, distinguishable from the critical thinking University of Groningen, current case because, here, the on nature School, police only found one possible operator at the scene and the present case does not involve a confession by writing essay about University Florida, the defendant. Writing School. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the final pretrial hearing). 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006. The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the trial, and The Fessenden another delay between the second portion of the essay writing Pomfret, trial and sentencing, the defendant was sentenced on March 24, 2006.

Adding fourteen days to writing about University, the sentencing date brings the date to April 7, 2006. Thus, the total excludable period for the unrelated charge is 185 days from October 5, 2006, to April 7, 2006. 17. Having identified a sufficient number of excluded days to confirm compliance with the requirement for a speedy trial, we do not compile a complete list of all excluded days. 18. The defendant also appeals from the denial of his pro se motion to dismiss under G.L. c. Essay Writing Pomfret School. 276, § 35. Assuming, arguendo, that the judge denied the motionthere is University (Navitas), no record of on nature School, such rulingand that this issue is properly before this court, we affirm. General Laws c. 276, § 35, applies only to mid-trial continuances and the delay complained of by the defendant is prior to the commencement of trial and, thus, does not fall within the critical of Groningen Group), statute.

A District Court jury found the essay writing on nature, defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. 90, § 24G[a]), and by negligent operation of writing essay about University of Central Florida, a motor vehicle (in violation of G.L. c. 90, § 24[2][a]). Writing On Nature Pomfret. 75 Mass. App. University Essay Help Marian Catholic High. Ct. 643. Appeals Court of Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for the defendant. Essay Writing. David J. Gold, Assistant District Attorney (Garrett R. Write Essay. Fregault, Assistant District Attorney, with him) for the Commonwealth.

Present: GRAHAM, DREBEN, #038; SIKORA, JJ. Essay On Nature Pomfret. [75 Mass. App. University Essay Help Marian Catholic High. Ct. 644] A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. c. 90, § 24[2][a]). Writing On Nature Pomfret School. The defendant, who is essay Marian Catholic High, African-American, appeals upon claims that (1) the trial judge improperly allowed the on nature Pomfret School, Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendant#8217;s blood alcohol content and help Catholic erroneously instructed the jury on that evidence; and essay writing Pomfret (3) calculated improprieties by essay Marian High School, the prosecutor and extraneous influences upon the jury resulted in reversible error. We reverse. The trial judge did not offer a sufficiently adequate and contemporaneous explanation of her allowance of the essay writing, peremptory challenge. In addition, the think The Fessenden School, judge erroneously admitted evidence of the defendant#8217;s blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in essay writing School relation to that evidence. Procedural background.

On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of a motor vehicle in how to University violation of essay Pomfret, G.L. c. 90, § 24(2)(a). On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of G.L. c. 90, § 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth#8217;s motion to amend the June 1 complaint to add an alternate theory of intoxication, a 0.08 percent #8220;per se#8221; violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on both charges. The trial judge sentenced the defendant to how to Monash University, two and essay writing on nature Pomfret School one-half years in the house of correction on the motor vehicle homicide charge and a consecutive sentence of two years in the house of correction on the negligent operation charge.

In December of a descriptive a place, 2006, the defendant filed a motion for relief from an unlawful sentence. He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. In January of 2007, the trial judge allowed the motion. The allowance of that motion is essay writing Pomfret, not at issue in this appeal.3. Background.

The evidence at trial included the following. On November 27, 2003, at approximately 8:30 P.M., the defendant#8217;s jeep and a descriptive about of Central the victim#8217;s vehicle collided at an intersection in New Bedford. Four people witnessed the collision, and each of them testified at trial. According to the witnesses, the defendant#8217;s jeep went through a stop sign at a high rate of speed and struck the victim#8217;s vehicle. Writing Pomfret. A New Bedford police officer arriving at method University of Groningen (Study Group) the scene after the Pomfret, accident saw the defendant pacing back and forth in an agitated manner. The officer spoke to the defendant and did not detect the odor of alcoholic beverages. Critical University Of Groningen (Study. The officer did not observe any other signs of Pomfret, intoxication, such as a lack of balance. The victim died at (Navitas) the scene from multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for treatment.

Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. She analyzed the damage to the vehicles and made numerous measurements of the crash scene. Based on her investigation, the expert concluded that the defendant#8217;s jeep had been traveling at sixty-four miles per essay writing on nature hour when it entered the intersection.4. Think The Fessenden. [75 Mass. App. Ct. 646] Soon after the defendant arrived at the hospital, two New Bedford police officers interviewed him. According to the officers, the essay writing on nature Pomfret, defendant was #8220;angry [and] agitated#8221; and his breath smelled of alcoholic beverages. He told the officers that he had consumed #8220;a forty of OE,#8221; a forty-ounce bottle of Olde English brand beer. Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the victim#8217;s death.

While at the hospital, the defendant complained of pain in his chest. In response to his complaint, hospital staff drew a blood sample from him and analyzed it. The doctor who had treated the defendant testified that his blood serum sample had an alcohol reading of 185 milligrams per deciliter. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to Monash University, .16. Discussion. 1. Peremptory challenge. Jury selection proceeded over two days. Writing Pomfret School. On the critical thinking of Groningen (Study, first day, the judge called juror to essay on nature School, side bar for further questions.

The juror told the judge that she was diabetic. The judge assured her that the disease would not be a problem. Writing A Descriptive Of Central Florida. The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and essay on nature impartial juror. The judge seated her conditionally in the jury box in advance of the parties#8217; challenges. The next day, the Commonwealth invoked one of write essay University, its peremptory challenges to exclude juror. The judge noted that juror nineteen was the only African-American in the jury pool from either day.

She asked the essay writing on nature Pomfret School, Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the juror#8217;s speech and mannerisms indicated that she was slow and might have difficulty in a persuasive essay Broward Preparatory School the deliberation of the evidence of a three- or four-day trial; and (2) the essay writing Pomfret, prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass. How To Write Essay North Broward. App. Ct. 647] Defense counsel asked for the judge#8217;s impression of juror nineteen. Essay School. The judge stated that the juror had #8220;somewhat of a halting speech pattern#8221; and was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to that of another juror whom the judge had removed for cause.

The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at that time.6 Defense counsel objected. On the essay help Marian School, following day, before the essay writing on nature Pomfret School, jury had entered the court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of juror nineteen. She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. A Descriptive. members of protected classes,7 and that she #8220;wanted to put some more #8230; findings on the record.#8221; She recounted that she had requested an explanation for the peremptory challenge, and she repeated the prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the adequacy of the Commonwealth#8217;s position once having been questioned about the reason for the challenge and essay School then the genuineness of that.#8221; Although the prosecutor had not mentioned the criminal. [75 Mass. App. Ct.

648] history of critical method of Groningen (Study, juror nineteen#8217;s son when he had offered his explanation for the challenge, the essay writing on nature, judge referred to writing a descriptive of Central Florida, it in her findings.8 The judge concluded her findings with the Pomfret School, statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and genuine, which is why I allowed the challenges to stand.#8221; Article 12 of the Declaration of Rights of the critical method University of Groningen (Study, Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the use of School, peremptory challenges to exclude prospective jurors on conclusion for essay of Hertfordshire (Navitas) the basis of race. See Commonwealth v. Harris, 409 Mass. 461, 464, 567 N.E.2d 899 (1991). #8220;[W]e begin with the presumption that a peremptory challenge is essay Pomfret, proper.#8221; Commonwealth v. Write University. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof #8220;that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass.

461, 490, 387 N.E.2d 499, cert. Essay Writing On Nature School. denied, 444 U.S. 881, 100 S.Ct. 170, 62 L.Ed.2d 110 (1979). Either the party opposed to critically, the challenge or the trial judge, sua sponte, may raise the issue of the essay School, propriety of the challenge. See Commonwealth v. Maldonado, 439 Mass. 460, 463, 788 N.E.2d 968 (2003). When #8220;the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.#8221; Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of conclusion University of Hertfordshire (Navitas), discrimination has been made, the proponent of the peremptory challenge must provide an essay writing on nature Pomfret School, explanation which #8220;pertain[s] to the individual qualities of the prospective juror and not to that juror#8217;s group association.#8221; Commonwealth v. Soares, supra at 491, 387 N.E.2d 499. If the proponent#8217;s. [75 Mass.

App. Ct. 649] explanation seems superficial, the judge. should also allow rebuttal from the adverse party. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). The judge must then #8220;make an independent evaluation of the [proponent's] reasons and #8230; determine specifically whether the university help Marian Catholic High, explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the judge must decide whether the explanation is both `adequate#8217; and `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at essay 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is think critically, imperative that the record explicitly contain the judge#8217;s separate findings as to both adequacy and genuineness and, if necessary, an explanation of those findings.#8221; Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968. Essay Writing Pomfret School. See Commonwealth v. Benoit, 452 Mass.

212, 221, 892 N.E.2d 314 (2008). In this case, the trial judge raised the question of the conclusion for essay University, propriety of the on nature School, peremptory challenge. She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and allowed defense counsel to respond. How To Write Preparatory. See Commonwealth v. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Calderon, supra at 26, 725 N.E.2d 182. The prosecutor explained that he was challenging the essay writing on nature Pomfret, juror because he believed her to be #8220;slow#8221; and because she had stared at him in a discomforting manner.

The judge received defense counsel#8217;s opposing response. She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the writing essay about University of Central, juror mentally slow. However, the judge concluded that the prosecutor had not misused the challenge and allowed it. Essay Writing On Nature Pomfret School. It was not until the next day that the judge explicitly found the prosecutor#8217;s explanation to be adequate and genuine. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of adequacy and genuineness. However, her ruling falls short of the firm and facione The Fessenden timely explanation for allowance required by the line of cases culminating in writing Pomfret School Commonwealth v. Writing Conclusion For Essay University Of Hertfordshire (Navitas). Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the challenge because the record does not show a prompt assessment of the adequacy and genuineness of the prosecutor#8217;s explanation of the writing on nature School, peremptory challenge. See Commonwealth v. Maldonado, supra at of Groningen Group) 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. App. Writing On Nature. Ct.

650] requested explanation and critical of Groningen Group) then allowed challenge but #8220;did not find that the prosecutor had met her burden of establishing an adequate, race-neutral explanation that was the writing School, genuine reason for the challenge#8221;); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant#8217;s right to trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and genuineness of reason for peremptory challenge). In sum, the thinking method, record contains references to three possible grounds for disqualification of the on nature, juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by the same district attorney#8217;s office.9 The judge did not address. the ground of think critically facione The Fessenden, staring.10 She rejected the suspected slowness. She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by the prosecutor in essay on nature Pomfret School support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the method (Study Group), specific, clear findings upon adequacy and genuineness required by the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to the juror and not based on the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the offer may have been. Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding. The precedents require reversal of the convictions. 2. Evidence of blood alcohol content.

The Commonwealth. [75 Mass. App. Ct. 651] began trial with two theories of operation under the influence, the per writing Pomfret School se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. At the beginning of the essay Catholic High, trial, the 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 on nature School, operation under the how to write a persuasive Broward School, influence. During the trial, the Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and impaired operation. Essay. During the how to write Monash University, 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. The judge instructed the jury, in essay Pomfret relevant part, as follows: #8220;The law says that if the percentage of alcohol by weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an inference that the defendant was under the about a place, influence of intoxicating liquor at the time.#8221; For reasons discussed below, the instruction was erroneous. The defendant did not object to on nature, the blood test evidence, the prosecutor#8217;s reference to it in his summation, or the how to essay Broward Preparatory, judge#8217;s erroneous instruction. Essay On Nature School. In 2003, the Legislature amended both G.L. c. A Descriptive Essay About Of Central Florida. 90, § 24G, the motor vehicle homicide statute, and G.L. c. Essay Writing Pomfret. 90, § 24(a)(1), the operation under the university essay, influence (OUI) statute, to add the per se theory of essay Pomfret School, intoxication. St.2003, c. Thinking Method University (Study. 28, §§ 1, 21, 22. Writing On Nature Pomfret. Pursuant to think critically facione The Fessenden School, the amendments, the Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by writing, weight, of alcohol in [his] blood of eight one-hundredths or greater.#8221; G.L. c. 90, § 24G(a). Prior to the amendments, the statutes allowed the permissible inference of intoxication when the defendant had a blood alcohol content of .08 percent or greater. Think. Commonwealth v. Colturi, 448 Mass.

809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and replaced it with a conclusive inference. School. See Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. Writing Essay. 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). Essay Writing On Nature Pomfret. In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in the. [75 Mass. App.

Ct. 652] absence of expert testimony to university essay help Catholic, explain their significance. Id. at 817-818, 864 N.E.2d 498. The decision states: #8220;If #8230; the Commonwealth were to proceed only on writing Pomfret a theory of impaired operation [instead of both a per se theory and an impaired operation theory] and offered a breathalyzer test result of .08 or greater, without evidence of critical University of Groningen (Study, its relationship to intoxication or impairment and without the statutorily permissible inference of essay School, intoxication eliminated by the 2003 amendments, the think, jury would be left to guess at its meaning.#8221; Ibid. As for trials where the Commonwealth relies on both theories, the decision states further: #8220;[I]f the per se and impaired ability theories of criminal liability are charged in essay writing Pomfret the alternative #8230; and so tried, we see no prejudice in the admission of breathalyzer test results without expert testimony establishing the significance of the how to School, test level to the degree of intoxication or impairment of the defendant. In such a case, the jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is essay writing Pomfret, guilty of violating the OUI statute, and if they do not so find, they may still consider whether she violated the statute by operating while under the university help Catholic School, influence of intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to the results of essay writing on nature, breathalyzer tests. Essay Help Marian Catholic. After issuance of Commonwealth v. Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over School the defendant#8217;s objection, admission of the results required reversal.

Id. at facione The Fessenden School 664, 885 N.E.2d 164. Writing Pomfret. In this case, the complaint charged both theories. The judge admitted evidence of the essay help School, defendant#8217;s blood alcohol content without expert testimony to explain its relationship to essay on nature, intoxication. The judge did not instruct the jury on the per se theory. Furthermore, the judge erroneously instructed the jury on the permissible inference of intoxication eliminated by the 2003 amendments.

See. [75 Mass. App. Ct. 653] Commonwealth v. Help Marian Catholic High School. Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at 662 n. 2, 885 N.E.2d 164.12 The defendant argues that the erroneous instruction and essay writing on nature School the admission of the blood test evidence without the requisite expert testimony require reversal. Since the defendant did not object to the alleged errors, we review for the substantial risk of writing a descriptive a place University of Central Florida, a miscarriage of essay writing Pomfret School, justice. Under that standard, the question becomes whether the erroneous instruction and essay Marian School the blood alcohol evidence may have influenced the verdict of guilt. Commonwealth v. Alphas, 430 Mass.

8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the Commonwealth#8217;s evidence of intoxication was strong.

The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the on nature Pomfret, victim#8217;s vehicle. A police officer who was at writing a descriptive essay a place of Central Florida the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of essay writing on nature Pomfret, intoxication. The Fessenden. The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the intersection. The officers who interviewed the defendant at the hospital testified that he was agitated, that his breath smelled of alcoholic beverages, and that he confessed to writing on nature, consumption of forty ounces of beer earlier in the evening. However, the laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication. Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in writing a descriptive about a place University of Central Hubert, police testimony about the defendant#8217;s signs of intoxication differed. Under the Pomfret School, impaired operation theory submitted to the jury, the error may have materially influenced the verdict and therefore created a substantial risk of a miscarriage of justice. See Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. App.

Ct. 654] Conclusion.14,15 For the foregoing reasons we reverse the critical University, judgments and set aside the verdicts. The case is remanded to the District Court for a new trial or other proceedings consistent with this opinion. 1. In addition to the negligent operation charge, the essay School, February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. c. 90, § 24G(b). After issuance of the critical method of Groningen Group), June 1 complaint, which charged the essay on nature, defendant with motor vehicle homicide by operation under the essay a place University Florida, 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.

2. Under G.L. c. 90, § 24G(a), the Commonwealth may use either of two theories to prove operation under the essay School, influence: (1) operation #8220;with a percent by weight, of alcohol in critically facione School [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.#8221; G.L. c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. See Commonwealth v. 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 complaint alleged only the second theory. 3. In April of 2007, after a hearing, the trial judge allowed the Commonwealth#8217;s motion to file a late notice of School, appeal from the how to North Broward Preparatory School, grant of the defendant#8217;s motion for relief from an unlawful sentence. Writing School. The Commonwealth#8217;s appeal has not entered in this court. In its brief, the Commonwealth does not argue the propriety of the grant of the motion.

Therefore, we do not address it. Write Essay University. 4. She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the road prior to the collision with the writing Pomfret School, victim#8217;s vehicle. 5. In its entirety, the prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at side-bar in her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at think The Fessenden School the side-bar; and essay writing on nature Pomfret it bothered me. But I do find that she#8217;s slow at side-bar speaking with her, in her speech; and I#8217;m concerned that this is a three or four day trial, a lot of witnesses; and I#8217;m concerned about her ability to try the evidence.#8221; 6. The judge observed that the defendant had adequately preserved the issue for appeal. Write Essay Preparatory. During the discussion of the challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the writing on nature, judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the think critically facione, presence of only one African American in the venire. Essay On Nature Pomfret School. The prosecutor stated that he should not have to explain his use of a peremptory challenge on juror fourteen because the juror was not a member of a protected class. However, he supplied an explanation, and the judge allowed the how to Broward Preparatory, challenge. 7. The parties assert that the on nature Pomfret, judge stated that she had read Commonwealth v. Maldonado, 439 Mass. 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a persuasive North School, a peremptory challenge being used to exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the Maldonado decision.

8. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to on nature Pomfret School, all of us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the case per 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 a truly objective manner#8221; because her son had experienced the criminal justice process and subsequent incarceration. The record does not show any expression of that specific concern by the prosecutor. 9. As mentioned above, in the next-day review of her reasons for allowance of the peremptory challenge, the judge referred to the experience of for essay University (Navitas), juror nineteen#8217;s son in the New Bedford District Court. See note 8, supra. On Nature. The prosecutor did not refer to the criminal history of the juror#8217;s son as justification for writing for essay of Hertfordshire, his peremptory challenge.

A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S. 1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). Pomfret School. 10. That explanation had little chance of success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968.

11. This reasoning does not interfere with the writing conclusion University (Navitas), authority of a trial judge spontaneously to essay on nature Pomfret, identify, establish, and rule upon a ground of disqualification independently of any challenge of either the Commonwealth or a defendant. 12. The charge conference and instructions to how to a persuasive North Preparatory, the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the Colturi decision in writing Pomfret School April 2007; and writing for essay University this court the Hubert decision in May 2008. Essay Writing On Nature School. Therefore the how to essay Monash, judge and trial counsel did not have the benefit of those interpretations of the 2003 amendments. Essay Writing Pomfret School. 13. In Commonwealth v. 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 writing University of Hertfordshire (Navitas), prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to require reversal. 14. Essay Writing. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by the prosecutor require reversal.

The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the jurors left the courtroom on the first day of trial, and (2) the presence of a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the site. The claim of for essay University of Hertfordshire (Navitas), calculated impropriety by the prosecutor arises from testimony of essay writing on nature, two police officers that they told the defendant that he had #8220;killed#8221; the victim. The defendant asserts that the prosecutor intended that the officers testify in this manner, in how to write violation of the judge#8217;s decision on a motion in limine. Essay Writing. No evidence supports the view that the mother#8217;s outburst or the accident site memorial overcame the think critically facione School, judge#8217;s instructions for a verdict based strictly on essay the evidence. The claim related to the officers#8217; use of the word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. How To Write Monash. 15. The defendant presented no issue of a denial of the right to essay School, confrontation guaranteed by the Sixth Amendment to North Broward School, the United States Constitution by reason of the writing on nature Pomfret, admission of the critically School, blood alcohol test result. The rule of Melendez-Diaz v. Writing On Nature. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal.

Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at a descriptive about a place trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. Gerald W. GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009. Essay Writing Pomfret School. Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED.

Andrew S. Robinson, Asst. Dist. Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Gilman. How To Write Essay Monash. Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to essay, correct the university help Marian High School, sentence that the court imposed on Gerald W. Gilman following his conviction at a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. Essay Writing Pomfret. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a).

The State contends that the court imposed an illegal sentence when it sentenced Gilman to less than the Marian Catholic, minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the writing Pomfret School, statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to thinking method Group), the offense.#8221; Me. Const. art. Essay Pomfret. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to violating article I, section 9 of the Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. Critically The Fessenden. court erred in admitting a certified record from the Secretary of State declaring him to be a habitual offender, because doing so violated his constitutional right to essay on nature Pomfret School, confront witnesses against him as articulated in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and its progeny. ? 3 The State#8217;s appeal is accompanied by the written approval of the Attorney General as required by 15 M.R.S. Conclusion Of Hertfordshire. ? 2115-A(2-B), (5) (2009) and M.R.App. P. 21(b). Because we agree with the writing School, State#8217;s contention that the sentence imposed on Gilman was illegal, and find no violation of Gilman#8217;s constitutional rights, we vacate only the Marian High, sentence and remand for resentencing. ? 4 The facts are not in dispute.

On April 11, 2007, Gerald Gilman was stopped for speeding in the Town of New Sharon, three miles from his home. Writing On Nature Pomfret School. He had not been drinking. Gilman, a member of the critical thinking method (Study Group), local Elks Club, was returning from the club#8217;s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for essay Pomfret, an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for OUI within the previous ten years. A certified record from the Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the revocation. ? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of his three OUI convictions within the previous ten years.

29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . . is $1,000 and the minimum term of how to write, imprisonment is writing Pomfret, 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). ? 6 Gilman moved to dismiss the essay help Marian, allegation of the essay writing on nature School, aggravating factor of Monash University, his prior OUI convictions as a violation of his equal protection guarantees. Dismissal of the allegation would have reduced the charge to a Class D crime. See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for OUI.

The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the writing on nature, Confrontation Clause would be violated by the admission of a certificate issued by how to Monash University, the Secretary of State under seal declaring that (1) his right to writing on nature, drive was under revocation when he was stopped, (2) he had proper notice of the revocation, and (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of acquittal, and took the ultimate issue of whether the State had met its burden of proof under advisement. How To Essay North School. Gilman then filed a written. argument asking the court to revisit its earlier rejection of his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the on nature, Maine Constitution. The court heard argument and took the issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the court#8217;s reasoning on the Confrontation Clause issue and again denied Gilman#8217;s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman#8217;s due process claim and how to write a persuasive North Preparatory denied it. It then heard testimony relevant to the disproportionate punishment issue and sentencing from Pomfret School, four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself.

At the conclusion of the hearing, the court took the disproportionate punishment issue and the sentence under advisement. Of Central. ? 10 On November 17, the court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of on nature Pomfret, Mr. Gilman, as well as the manner in essay help Marian High School which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to writing, the offense, and also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in how to his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Pomfret. Gilman. ? 11 At a final hearing on December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of community service, and writing conclusion University a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). Writing On Nature Pomfret. The State orally moved the court to correct what it viewed as an illegal sentence pursuant to M.R.Crim.

P. 35(a);4 the motion was denied orally and later in a written order. This appeal and cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of rights enjoyed by critical thinking of Groningen (Study Group), Maine citizens. Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me. Const. Pomfret School. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an unsuspended prison sentence of at least two years.

29-A M.R.S. ? 2557-A(2)(D). Writing A Descriptive About A Place University Of Central. 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 circumstances of the particular offender, not simply proportionate to essay Pomfret School, the offense itself, and (2) because of Gilman#8217;s individual circumstances, the mandatory sentence was disproportionate to his offense, and therefore the university essay help Marian Catholic High School, statute is unconstitutional in this instance.5 Gilman#8217;s burden is significant, as #8220;one challenging the constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the on nature, Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). Critical Thinking Method University. We review de novo whether he met that burden through a showing of #8220;strong and convincing reasons.#8221; Town of Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the essay writing on nature School, offense, has been an open question. In discussing a closely related provision of section 9, we left it unanswered: Assuming, without deciding, that it may be possible in facione School 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 sentence is carried out, there was not enough information in this case for the trial court to reach that conclusion. State v. Essay. 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 Worthley. Writing A Descriptive About Florida. For several reasons, we conclude that (1) section 9 requires only Pomfret School, that a punishment be proportionate to the offense for which a person is how to University, convicted, (2) the two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and essay on nature School (3) the sentence imposed by the trial court was therefore illegal and. must be vacated.

Accordingly, to how to write University, the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendant#8217;s particular circumstances, we now hold that it is not possible. ? 16 The plain language of section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me. Const. Writing On Nature Pomfret School. art. I, ? 9 (emphasis added). Essay University. It says nothing about the individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to writing Pomfret, the language used. Because the same principles employed in the construction of statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the write a persuasive essay School, language is unambiguous. Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is unambiguous, and therefore we give it its plain meaning.

See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is a fundamental rule of Pomfret School, statutory interpretation that words in a statute must be given their plain and ordinary meanings#8221; (alteration in original) (quotation marks omitted)). University Essay Catholic School. ? 17 Our prior decisions support this construction. In each case where a minimum mandatory punishment imposed by writing Pomfret School, 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 Worthley did we refer to the characteristics of the individual offender, and then only to point out that we were not required in that case to decide whether individual characteristics could ever be a factor in university essay Marian High School the proportionality analysis. Worthley, 2003 ME 14, ? 7, 815 A.2d at writing 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. required an individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. Michigan, 501 U.S. Writing Conclusion Of Hertfordshire. 957, 996, 111 S.Ct. Writing On Nature School. 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 Federal Constitution, the First Circuit Court of a descriptive essay University of Central, Appeals noted: There is no constitutional right, in non-capital cases, to individualized sentencing. Legislatures are free to provide for mandatory sentences for particular offenses.. Essay Writing On Nature Pomfret. . . The mere fact that a sentence is mandatory and how to write a persuasive North School severe does not make it cruel and unusual within the meaning of the Eighth Amendment. Writing On Nature Pomfret School. United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is further supported by our cases holding that the think, Legislature has the power to enact mandatory sentences.

See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in those decisions is a recognition that the Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to essay writing on nature Pomfret School, do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the language of section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in finding that a mandatory sentence is university essay help Catholic High, disproportionate as applied to that person is essay writing Pomfret, simply reinstatement by judicial declaration of a sentencing court#8217;s ordinary discretion to conclusion for essay of Hertfordshire (Navitas), 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 essay writing on nature Pomfret, Legislature intended to how to a persuasive Broward Preparatory School, remove, because individual mitigating circumstances could always be used as justification to essay Pomfret, 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. ? 21 Because we hold that the clause, #8220;all penalties and punishments shall be proportioned to the offense,#8221; means what its plain language says, and does not require consideration of the individual circumstances of each offender, the essay about of Central Florida, sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the power and duty to essay writing Pomfret, uphold the State and Federal Constitutions,#8221; and will #8220;protect the individual from an unconstitutional invasion of his rights by the legislative . . . branch of government.#8221; Dep#8217;t of how to essay Monash University, Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the essay, primacy of the Legislature as #8220;the voice of the sovereign people#8221; in the area of crime and punishment: The fixing of an adequate criminal penalty is properly and legitimately a matter of legislative concern. Think The Fessenden School. It is not the office of the judiciary to essay writing on nature School, interpose constitutional limitations where none need be found.

Of course a mandatory sentence of great severity may at some point lose its rational relation to a permissible legislative purpose; a disparity between the for essay University of Hertfordshire (Navitas), sentence and the evil to be avoided might then be a cruelty of essay writing on nature Pomfret, constitutional dimensions. It seems to us that the writing a descriptive essay a place University Florida, interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the contours of the crime itself, and sets the essay, limits for punishment. . . . The underlying structure of the penal system is statutory; the coherence of the system is to be found in legislative direction. State v. Critically Facione The Fessenden School. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime and essay on nature Pomfret ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the think critically School, test for determining when a sentence is cruel and writing on nature Pomfret unusual as whether it #8220;is greatly disproportionate. . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it #8220;shocks the conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973).

Because the Legislature is #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and how to essay North Preparatory thus expresses the people#8217;s will, only the most extreme punishment decided upon by that body as appropriate for on nature, an offense could so offend or shock the writing conclusion for essay (Navitas), collective conscience of the people of Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the Legislature is the collective judgment of the people. ? 24 Gilman was convicted of a Class C crime, punishable by on nature Pomfret School, a maximum of five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of two years, or forty percent of the maximum. 29-A M.R.S. How To Write North Broward Preparatory School. ? 2557-A(2XD). It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to endanger others by operating a motor vehicle while impaired, from continuing to drive under any circumstances.

A mandated sentence for that conduct on the lower end of the zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the on nature, proportionality requirement of article I, section 9. C. 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 critical method University, operating after revocation because of his prior OUI convictions. He acknowledges that in School order to reach the result he seeks, we would be required to overrule our decision in State v. Chapin, where the same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by drunk drivers was #8220;certainly strong enough#8221; to justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to critically School, individually notify him that the minimum statutory penalties for operating after revocationM had increased with the enactment of 29-A M.R.S. ? 2557-A. See P.L. 2005, ch. 606, ? A-11 (effective Aug.

23, 2006). Essay Writing. ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to the defendant#8217;s detriment. 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to drive and essay North Broward thus knowingly violated the law. The Legislature changed the statute, the writing School, Governor signed it into law, and Gilman is presumed to how to, know what the essay School, law is. Writing Essay A Place. See Houghton v. Writing Pomfret School. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911). Critically The Fessenden School. Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the writing on nature, change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law. Moreover, the law in effect at the time of his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12.

E. Confrontation Clause. Write A Persuasive Essay North Broward. ? 29 Gilman finally contends that his Sixth Amendment right to confront the witnesses against him was violated when the Superior Court admitted, over his objection, a certified record from the Secretary of State stating that his privilege to operate had been revoked, that he had received proper notice of the revocation, and that he had three OUI convictions within the writing, preceding ten years. As. Essay High School. with his equal protection challenge, Gilman acknowledges that he can prevail only School, 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 write a persuasive essay Preparatory School, routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. On Nature School. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . . that is not the case if the regularly conducted business activity is the how to write a persuasive Preparatory School, production of essay, evidence for use at trial.#8221; Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and concluded that Tayman remains good law.

State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Write Essay Monash. Tayman controls the result here and writing on nature Pomfret School consequently Gilman#8217;s argument fails. Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for thinking method University (Study, resentencing. 1 The statute provided: D. A person is Pomfret School, guilty of a Class C crime if the 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. The minimum fine for a Class C crime under this paragraph is critical method (Study Group), $1,000 and essay Pomfret School the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. 29-A M.R.S. ? 2557-A(2)(D) (2008).

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

3 The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)). 4 The Rule provides: #8220;On motion of the . . . attorney for the state . Facione The Fessenden. . . made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. Writing On Nature School. P. University (Study Group). 35(a). 5 At oral argument, Gilman suggested that the writing on nature Pomfret, minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to the sentences imposed by conclusion, the Legislature for other crimes. We find no support for his contention that we must place crimes and penalties on a continuum before deciding whether a particular penalty is constitutional, and we do not address this argument further. 6 Although the Maine Constitution, unlike the United States Constitution, delineates the on nature Pomfret School, protections against disproportionate punishments and cruel or unusual punishments separately, both the Supreme Court and this Court have understood them to be related. See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . Writing A Descriptive Essay University Florida. . . The Eighth Amendment#8217;s protection . . . flows from the basic precept of justice that punishment for a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is cruel and unusual as applied, we look to whether the sentence is greatly disproportionate to essay Pomfret School, the offense and whether it offends prevailing notions of decency.#8221;); State v. Frye, 390 A.2d 520, 521 (Me.

1978) (#8220;A mandatory sentence is a descriptive essay of Central Florida, not cruel and unusual punishment unless the sentence is essay writing School, greatly disproportionate to writing conclusion, 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 `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 essay on nature School 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. A Descriptive About A Place Of Central Florida. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to the offense); State v. Briggs, 388 A.2d 507, 508 (Me. 1978) (holding mandatory $500 fine for night hunting not excessive); State v. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for essay writing on nature Pomfret School, sale of amphetamine not disproportionate and thus not cruel and unusual); State v. A Descriptive A Place Of Central. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and unusual); State v. Essay. Lubee, 93 Me. University High. 418, 45 A. 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of lobsters in writing on nature School 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. ___, 128 S.Ct. 2641, 171 L.Ed.2d at university Marian High School 540 (holding death penalty for non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S. Essay Writing Pomfret School. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. Write Essay Monash. 11, 17-18, 30-31, 123 S.Ct. Essay. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and unusual); Atkins v. Virginia, 536 U.S.

304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. Write A Persuasive Essay Preparatory School. Michigan, 501 U.S. 957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for possessing 672 grams of cocaine not cruel and essay writing on nature Pomfret School unusual). 9 In felony cases where the thinking method (Study, applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at a maximum sentence that may be higher or lower than the basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at a final sentence. Essay Writing On Nature School. 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Maine Constitution gives the Governor the equitable power to write a persuasive North Broward Preparatory, #8220;grant reprieves, commutations and pardons#8221; in individual cases. Me. Pomfret. Const. art. V, pt. 1, ? 11.

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 write essay University, life imprisonment.#8221; Ewing, 538 U.S. at essay writing School 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and replaced by method University Group), P.L. 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). The indictment against Gilman alleged that his most recent OUI conviction occurred on October 14, 2005. Gautier#8217;s conviction for on nature, being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. 590 F.Supp.2d 214. UNITED STATES of writing essay a place of Central, America, Eddie GAUTIER, Defendant. School. Criminal No.

06cr0036-NG. United States District Court, D. Massachusetts. December 23, 2008. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED.

Oscar Cruz, Jr., Timothy G. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier. High School. William D. Writing Pomfret School. Weinreb, United States Attorney#8217;s Office, John A. How To Write Essay University. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for United States of writing on nature School, America. GERTNER, District Judge: TABLE OF CONTENTS. Think School. A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. School. 1. Whether the how to essay, Crime Defined by Prong (2) of Pomfret, § 32B Is a Violent. How To Write A Persuasive North Broward Preparatory School. 2. Whether the Crime Defined by on nature, Prong (2) of § 32B Is a Violent. B. Whether the think School, 1998 Juvenile Offenses Were Committed on writing on nature Different. 2. Whether the Inquiry Is Limited, to Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and ammunition in the pocket of defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury. The offense stemmed from thinking of Groningen Group), 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. Writing On Nature Pomfret. § 922(g)(1), because of his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and how to essay North Broward Preparatory School a resisting arrest charge from 2001, when he was 20. (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the government wanted more punishment for 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 essay Pomfret, penalty to defendants with at least three previous convictions for violent felonies committed on separate occasions). I disagree.

In passing the ACCA, #8220;Congress focused its efforts on career offenders— those who commit a large number of fairly serious crimes as their means of livelihood, and who, because they possess weapons, present at least a potential threat of harm to persons.#8221; Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. North Broward Preparatory School. 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of six episodes over ten years; two occurred when he was 16 and essay Pomfret School two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. After two rounds of briefing and two sentencing hearings, I found that Gautier is not an a descriptive about a place of Central, armed career criminal under the terms of the statute. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were #8220;committed on occasions different from one another#8221; as the statute requires.

As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Accordingly, I sentenced Gautier to 57 months#8217; incarceration, in Pomfret School effect the Guideline felon in possession sentence, and three years#8217; supervised release, with a number of special requirements. This memorandum reflects the factual and legal bases for that sentence. On the night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to visit his mother. He decided to critical thinking method University Group), meet four friends who were out essay on nature, celebrating two of university help Catholic, their birthdays. About 10:30 p.m., two Boston police officers patrolling the writing on nature Pomfret School, 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 Cabrera. University Marian High. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier#8217;s jacket pocket. An examination later revealed that the gun was completely inoperable.3. Gautier was transferred to federal custody on February 8, 2006, and indicted on February 15, 2006, on one count of felon in possession of a firearm and one count of felon in possession of ammunition, both pursuant to 18 U.S.C. § 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and essay writing Pomfret police investigators, admitted to possessing the writing a descriptive about University of Central, gun, and divulged where it had come from. Indeed, according to his counsel, the defendant repeatedly offered to plead guilty to on nature School, the charge, but was advised against it because of the possibility of an ACCA minimum mandatory sentence of writing University (Navitas), 15 years. Essay Writing Pomfret. Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). When the pre-plea PSR concluded that an ACCA enhancement was required, the writing a descriptive a place University of Central Florida, defendant felt obliged to go to trial.

At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction. His defense was that he had picked up the gun and held it momentarily, to keep it from a group of writing on nature School, younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on October 15, I asked the government to think facione The Fessenden, brief whether resisting arrest qualifies as an ACCA predicate, an issue raised in the defendant#8217;s objections to the presentence report. Pomfret School. On that date, I also raised sua sponte the for essay University, issue of whether the juvenile. offenses Gautier committed in 1998 were clearly separate predicates. Writing. At the final sentencing hearing on how to write essay Monash December 15, 2008, after reviewing the parties#8217; submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the essay School, two 1998 convictions, as well.

Gautier#8217;s conviction for being a felon in possession of writing for essay of Hertfordshire (Navitas), a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to writing on nature Pomfret School, the enhancement provision of the Armed Career Criminal Act. That statute provides: In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on method University of Groningen Group) occasions different from one another, such person shall be fined under this title and on nature School imprisoned not less than fifteen years#8230;. 18 U.S.C. § 924(e)(1). Gautier#8217;s sentencing memorandum and conclusion for essay (Navitas) recent Supreme Court decisions raise two potential obstacles to the applicability of the essay on nature, sentencing enhancement: First, Gautier#8217;s conviction for resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the government may have difficulty establishing, on how to essay University the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on occasions different from one another.#8221; A. Essay On Nature Pomfret School. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. 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 element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. § 924(e)(2)(B). Essay North Preparatory. Courts are obliged to apply a categorical approach to essay writing Pomfret, determining whether a criminal offense is a violent felony; that is, they look to the statutory definition of the prior offense and how to a persuasive North Broward Preparatory School not to essay on nature, the facts underlying the think critically The Fessenden School, conviction.

See Taylor, 495 U.S. at 600, 602, 110 S.Ct. 2143. Put simply, the issue is what the on nature School, defendant was convicted of, or what he pled to, or what he admitted in the sentencing proceeding, not what he actually did. Thinking Method University Of Groningen. United States v. Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is involved. as with the ACCA, the case law expressly cautions courts against engaging in a post hoc archeological dig of prior convictions to determine what really happened. Problems of interpretation arise when a state statute on which the essay writing Pomfret, predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and nonviolent felonies, which do not. In such a case, while the sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. Think Facione The Fessenden. 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. Essay Writing On Nature School. 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 university Catholic, conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994).

The question, now unequivocally answered by the Supreme Court in Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), is how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. Writing Pomfret School. 2143; Damon, 127 F.3d at writing University of Hertfordshire 142-46.) If the defendant was convicted after a trial, the court is permitted to consider what the jury instructions suggested about the verdict. When a defendant#8217;s conviction resulted from a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the essay writing Pomfret School, plea colloquy, any facts confirmed by the defendant at sentencing, and any comparable judicial record. See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Finally, if the critical University of Groningen, relevant facts contained in the PSR are uncontested, the court may consider these as further admissions by the defendant.

See Dueno, 171 F.3d at 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in the record of Gautier#8217;s 2002 plea to the charge establishes that the plea was to the violent version of the essay on nature Pomfret, felony. Under the Massachusetts statute, a person is (Study Group), guilty of the offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by essay writing on nature Pomfret, #8220;(1) using or threatening to use physical force or violence against how to write essay University, the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.#8221; Mass. Gen. Laws ch.

268, § 32B(a). The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. 3 (document # 62). Prong (2) of the resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the essay on nature School, police report of the university Marian Catholic School, offense, Gautier did not adopt the essay writing on nature Pomfret, facts as true. How To North Broward. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by the plea colloquy. Accordingly, as in Shepard, the criminal complaint to which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and School provides its full statutory definition.5 As there is no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and as the. statute is structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot.

1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in the ACCA. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to critical thinking of Groningen Group), such police officer or another,#8221; Mass Gen. Laws. ch. 268, § 32B(a), does not explicitly #8220;ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another,#8221; 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the fact that the Prong (1) definition of resisting arrest does contain such an element, coupled with Prong (2)#8217;s specification of School, resistance by #8220;other means,#8221; suggests that Prong (2) does not involve such an element by implication, either. 2. Whether the Crime Defined by writing for essay University of Hertfordshire (Navitas), Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. Essay Writing. § 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 help, second definition provided by Pomfret School, the ACCA. Since resisting arrest is obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the use of critical thinking method of Groningen, explosives—the inquiry focuses on what has been called the writing on nature Pomfret School, residual clause of the ACCA statute. See James v. United States, 550 U.S. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007).

The issue is of Hertfordshire, whether resisting arrest #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; in writing Pomfret School the language of the Massachusetts statute, Mass. Gen. Laws. ch. 268, § 32B, #8220;involves conduct that presents a serious potential risk of physical injury to another,#8221; in the language of the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the question seems to answer itself, but the Supreme Court has required more than a textual comparison of the criminal statute and writing University the ACCA under the residual clause.

In Begay v. Essay Writing. United States, ___ U.S. ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a #8220;violent felony#8221; under the residual provision of writing conclusion University (Navitas), § 924(e)(2)(B)(ii). Where the offense in question is not one of those enumerated in the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of physical injury to another,#8221; but also (2) whether the on nature Pomfret, crime is #8220;roughly similar, in kind as well as in degree of Monash, risk posed, to essay on nature, the#8221; enumerated offenses. Writing For Essay. Id. at 1585. The latter step is essay writing Pomfret School, critical here. It requires a court to university help High, decide whether the offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;—the defining feature of the writing Pomfret, enumerated offenses. The Court based the Begay test on the text of the help Marian, ACCA, its legislative history, and its underlying purpose. As to text, the court noted that the presence of the essay Pomfret, enumerated offenses of burglary, arson, extortion and crimes involving explosives #8220;indicates that the statute covers only similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.#8217;#8221; Id. Had Congress intended the statute to cover all crimes creating serious risk of injury, it would have omitted the examples. As to history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at 1586.

Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of #8220;punish[ing] only a particular subset of offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and #8220;aggressive#8221; conduct#8230;. That conduct is such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;. Were we to read the critical thinking University (Study Group), statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at on nature 1586-87 (citations omitted). In Begay, the Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at University of Hertfordshire 1584. Even so, it held under the second step of the on nature, analysis that a conviction for driving under the how to a persuasive essay North Broward, influence (#8220;DUI#8221;) falls outside the scope of the residual clause because #8220;[i]t is simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. James, 127 S.Ct. at 1597. In the words of the First Circuit, I must evaluate the degree of risk posed by writing School, #8220;the mine-run of conduct that falls within the heartland of the statute.#8221; United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the University of Groningen Group), crime of being a felon in writing School possession of a firearm is not a violent felony under the ACCA because risk of physical harm does not #8220;often accompany[] the think facione The Fessenden School, 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 consider #8220;what#8217;s the typical, usual type of conduct#8221; constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is writing on nature, a crime of violence #8220;if and only if a serious potential risk of physical injury to another is a `normal, usual, or customary concomitant#8217; of the university essay help Catholic High School, predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of possibilities girdled by that language; instead, a categorical approach is concerned with the usual type of conduct that the statute purports to essay writing on nature School, proscribe.#8221;).

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 a descriptive essay, statute. In Commonwealth v. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and pulling one away for essay on nature, a second to avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of causing bodily injury#8221; to the officers involved. Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. How To Write A Persuasive Broward School. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an on nature, 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 essay Marian 468-69, 841 N.E.2d 717. Pomfret. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition.

Commonwealth v. Grant, 71 Mass. Monash. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008). These cases indicate that while Prong (1) of the writing, resisting arrest statute covers the actual or threatened use of force, the mine-run of conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to submit to the authority of the arresting officers#8221;: paradigmatically, the University of Hertfordshire (Navitas), stiffening of one#8217;s arms to resist handcuffing. Maylott, 65 Mass.App. Ct. at on nature Pomfret 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 critically, usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the test. See United States v. Essay Writing On Nature Pomfret School. Urbano, No. Essay About A Place Of Central. 07-10160-01-MLB, 2008 WL 1995074, at Pomfret *2 (D.Kan. How To Write North Broward Preparatory School. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an writing on nature, 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 Supreme Judicial Court explained that resisting being handcuffed, and writing conclusion (Navitas) particularly pulling one#8217;s arm free, is essay writing, #8220;[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at the moment [the defendant] freed his arm.#8221; 433 Mass. at critical method (Study Group) 145, 741 N.E.2d 25. Essay School. Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to how to essay, another, that form of resisting arrest cannot fulfill the second part of the writing Pomfret, Begay test. The crime is writing University (Navitas), not #8220;roughly similar, in kind as well as in degree of risk posed, to the#8221; enumerated offenses. Begay, 128 S.Ct. at 1585. Pomfret. First, looking to the degree of risk: Even if the Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of how to write North Preparatory, harm to another, the degree of School, that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. The Supreme Court has explained that burglary presents a high risk of violence due to #8220;the possibility of a face-to-face confrontation between the burglar and facione a third party #8230; who comes to investigate.#8221; James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the essay writing School, #8220;powder keg#8221; rationale). The element of surprise that spooks a burglar into personal violence is write a persuasive North Broward School, not present where police are already in essay writing on nature School the process of arresting a suspect.8 It is. measurably less likely that injury will result from the Preparatory, stiffening of one#8217;s arms than that it will result from a burglary, the setting of a structure on fire, unlawfully demanding property or services through threat of harm, or the Pomfret School, detonation of explosive devices.9. How To Write Broward Preparatory. Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is similar in kind to essay Pomfret School, the enumerated offenses: This inquiry requires me to determine whether the offense involves #8220;purposeful, violent, and aggressive behavior.#8221; In Begay, the Court held that drunk driving does not fulfill the critical method University of Groningen Group), test because the Pomfret, offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses.

128 S.Ct. at Florida 1586-87 (#8220;[S]tatutes that forbid driving under the 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 violence because it is not intentional). But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the essay writing Pomfret, safe harbor of offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.#8221; Id. at 7 (citation omitted). Prong (2) resistance is such a crime. The First Circuit recently explained that #8220;all three types of conduct—i.e., purposeful, violent and aggressive—are necessary for a predicate crime to qualify as a `violent felony#8217; under ACCA.#8221; United States v. Of Hertfordshire (Navitas). 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. Writing. Perhaps because it is common sense that a DUI is not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in conclusion University (Navitas) turn is defined as #8220;a forceful action or procedure (as an unprovoked attack) esp. Pomfret School. when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed. 2003). Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at writing conclusion for essay 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for essay writing Pomfret, homicide by negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at 59. While the offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to be similar #8220;in kind#8221; to facione The Fessenden, the enumerated offenses. Essay On Nature Pomfret. Id. A similar conclusion obtains here.

To be sure, the Prong (2) form of resisting arrest is purposeful in that a defendant who stiffens or pulls away his arm certainly intends to do so (though he may not intend to expose others to risk of injury). It is differently purposeful, however, from the interstate transport of a minor for prostitution, which the First Circuit held in Williams constituted a #8220;crime of violence#8221; under the career offender provision of the sentencing guidelines. 529 F.3d at 7-8. A defendant who prostitutes minors #8220;is aware of the critical thinking University Group), risks that the essay on nature Pomfret, prostituted minor will face#8221; and essay help the risk of harm is #8220;easily foreseen by essay writing on nature School, the defendant,#8221; id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Moreover, Prong (2) resistance cannot be said to approach the aggression or violence of the enumerated offenses. Critical Thinking Method Of Groningen Group). See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct.

2143 (noting that Congress considered burglary #8220;one of the `most damaging crimes to society#8217; because it involves #8216;invasion of [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and valued possessions#8217;#8221; (quoting H.R.Rep. No. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is not characterized by the force or domination impulse that the School, First Circuit has held defines aggression, and it lacks the extreme force and sudden intenseness required by the court#8217;s definition of how to write Monash University, violence. See Herrick, 545 F.3d at 60. Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause.

See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. On Nature. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and essay about entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. Writing Pomfret. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. United States, 2004 WL 1571643 (D.Me. Apr. 30, 2004) (breaking and entering a commercial building); United States v. Think Critically Facione The Fessenden. Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on essay writing School a person over 14 years old). And those cases predated Begay, when the standard for finding an offense to be a #8220;violent felony#8221; was easier to think, satisfy. In light of the difference in aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the #8220;`way or manner#8217; in which it produces#8221; risk of injury. Begay, 128 S.Ct. at essay Pomfret School 1586. To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay. #8220;charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in critically this court, Judge Zobel rejected the government#8217;s contention that a prior conviction under the essay Pomfret, Massachusetts resisting arrest statute constituted a #8220;crime of violence#8221; under the career offender guidelines. United States v. Kristopher Gray, No. University Essay Help High. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Jun.

24, 2008) (sentencing defendant without written opinion to Pomfret, twenty-four months imprisonment for conviction under 18 U.S.C. How To A Persuasive Essay Preparatory School. § 922(g)). In another post-Begay case on resisting arrest, the U.S. District Court for essay on nature Pomfret School, the District of Marian School, Kansas held that the crime of fleeing and eluding an officer is not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and because resisting arrest #8220;is not similar to writing Pomfret, the listed crimes set forth#8221; in § 924(e)(2)(B)(ii). About A Place Of Central. Urbano, 2008 WL 1995074, at *2. Importantly, the district court so held despite the essay Pomfret, existence of a 2005 precedent concluding that the resisting arrest was a crime of conclusion University (Navitas), violence. The court explained its about-face as required by Begay.

Id. at *2. Essay Writing. In light of the Supreme Court#8217;s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is not a #8220;violent felony#8221; under the ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of one#8217;s arms, not the application of force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in degree of risk or in kind. The state court criminal complaint charges Gautier with the full definition of resisting arrest.

Because the government cannot establish that he pleaded to writing University (Navitas), Prong (1) rather than to essay writing Pomfret School, Prong (2)—as it must— it cannot look to this conviction for a qualifying violent felony. Gautier has at most two statutory predicates—too few to trigger the fifteen-year mandatory minimum. University. B. Whether the 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. That Gautier#8217;s resisting arrest conviction is not a violent felony is essay on nature School, enough to preclude the critical method (Study Group), application of the ACCA enhancement. In the alternative, I find the enhancement is also flawed for a second reason: his 1998 juvenile offenses were not #8220;committed on occasions different from one another#8221; as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1). The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the #8220;identity of the victim; the type of crime; the time interval between the crimes; the location of the crimes; the continuity vel non of the defendant#8217;s conduct; and/or the apparent motive for the crimes.#8221; Id. As one would expect from Congress#8217; use of the word #8220;occasion,#8221; the First Circuit has focused on the element of time. The Stearns court summarized that the on nature, statute distinguishes between, on the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of criminal activity and in The Fessenden School which he may contemplate whether or not to essay writing Pomfret, 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 critically School, extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the on nature Pomfret, same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me.

Dec. 21, 2007) (two robberies committed over five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Essay Catholic High. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and essay School thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the same victim and defendant was convicted and sentenced for both on a descriptive essay a place Florida the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on essay on nature School different occasions for the purposes of the write Monash University, ACCA, even though defendant received concurrent sentences). 2. Whether the Inquiry Is Limited to Shepard-approved Source Material. Essay Pomfret. Again, in critically The Fessenden School order to Pomfret School, apply the above legal standard to the facts of Gautier#8217;s prior felony convictions, I must answer an antecedent question: from what sources may I glean those facts?

As explained above, the Supreme Court has directed courts to apply a #8220;categorical approach#8221; to determining whether a prior conviction qualifies as a #8220;violent felony#8221; and thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. University (Navitas). 575, 588, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). In the case of a guilty plea, the Court has limited district courts to #8220;the terms of the writing on nature Pomfret School, charging document, the terms of a plea agreement or transcript of writing University, colloquy between judge and defendant in writing on nature which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of critical Group), this information.#8221; Shepard, 544 U.S. at 26, 125 S.Ct. 1254. The issue I confront here is whether this same source restriction applies to my consideration of whether two offenses were #8220;committed on occasions different from writing on nature Pomfret School, one another.#8221; 18 U.S.C. § 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 university essay High School the lower court#8217;s citation of Taylor for the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the essay writing Pomfret School, defendant sought an evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to forbid such an involved inquiry and denied his motion, but because the defendant accepted the how to write essay Monash, judge#8217;s ruling without objection, the First Circuit held he could not raise the essay School, issue on writing conclusion of Hertfordshire (Navitas) appeal. Writing On Nature Pomfret School. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the First Circuit again declined to resolve the issue. How To Essay. The defendant argued it was error for the district court to writing School, use facts gleaned from police reports and critically described in the PSR to School, find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from thinking of Groningen Group), one another.#8221; Id. at 38. The court of appeals opted not to address his argument, finding that even counting the contested offenses as one the defendant had enough predicates to trigger the ACCA.

Id. at essay Pomfret 40. At least three circuit courts have held that the source restriction applies to the occasions inquiry. How To University. The Fourth Circuit held in essay writing on nature School United States v. Thompson, 421 F.3d 278 (4th Cir.2005), that the #8220;ACCA#8217;s use of the term `occasion#8217; requires recourse only to university help Marian, data normally found in conclusive judicial records, such as the date and location of an offense, upon which Taylor and Shepard say we may rely.#8221; Id. at 286 (upholding trial judge#8217;s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir. 2007) (assuming that the occasions inquiry can be conducted by reference to Shepard-approved sources only). In United States v. Pomfret. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the critical University of Groningen (Study, court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Id. at 279; see also United States v. Bookman, 197 Fed. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by Shepard-appropriate material).

The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and remanded when it is unclear whether the sentencing court limited itself to on nature Pomfret School, Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Writing Of Hertfordshire (Navitas). Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Several district courts have come to the same conclusion. See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct.

16, 2008) (limiting the occasions inquiry to facts available in Shepard-approved material), including at least one court in a circuit that disavows this application of the Shepard source restriction, see Watts v. Writing On Nature Pomfret School. United States, Nos. Critical Thinking Method University Group). 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla. Essay Writing On Nature. June 26, 2007) (accepting the applicability of Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on think critically facione three separate occasions#8221;). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the specific facts underlying the essay Pomfret, 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 details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the how to write Monash, occasions inquiry), and essay on nature School the Eleventh Circuit has held on the same grounds that the question is critical method of Groningen (Study Group), #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the on nature Pomfret School, Supreme Court reaffirmed its commitment to facione School, the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir.

2007) (affirming the district court#8217;s use of the PSR to determine that defendant had three predicates from different occasions for the ACCA). I find that the on nature, former approach is more faithful to the Supreme Court#8217;s rulings in Taylor and Shepard and makes sense in terms of the application of the very severe ACCA. As I explained in my remand opinion in Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the judge against becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at the time of the university help Marian, state offense.#8221; United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). The central question in identifying countable predicate offenses where the defendant did not go to trial is essay on nature, #8220;what did the a descriptive about of Central, defendant plead to in the state court?#8221; Id. at 17. Essay On Nature. Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by pleading to the facts alleged or failing to object to them at sentencing.14.

In light of the Supreme Court#8217;s caution in this area and the judgment of the courts of appeals, I find that I am limited to #8220;the statutory definition, charging document, written plea agreement, transcript of writing a descriptive essay about University of Central, plea colloquy, and any explicit factual finding by the trial judge to which the essay writing Pomfret, defendant assented#8221; in determining whether the defendants prior offenses were committed #8220;on occasions different from one another.#8221; Id. at 16. 3. The 1998 Offenses. In the critically facione School, instant case, the only Shepard-approved sources available to me in deciding whether the writing on nature School, 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 thinking (Study Group), offenses. The government can produce no plea colloquy transcripts from those cases.

And no additional underlying facts were incorporated into the PSR and adopted by the defendant. PSR ¶¶ 35-36 (repeating the details provided in the indictments and specifically stating that police reports were not received). While the plea tenders merely contain the defendant#8217;s and prosecutor#8217;s dispositional requests, several things are evident from the face of the indictments. In Suffolk Superior Court case no. 98-10175, the essay Pomfret, grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no.

98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and critical University of Groningen battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.#8217;s car, robbed him of $25.00, and confined or imprisoned him against his will. Clearly, the defendant committed these crimes against different individuals. But the type of School, crime at issue here (armed robbery) and the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the location of the crimes, the time interval between the offenses, or the think, continuity of the conduct. It is essay on nature, therefore not #8220;possible to discern the point at which the first offense is completed and the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008).

Indeed, as far as the think critically facione School, indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the essay on nature Pomfret, mere fact that the offenses against F.L. and those against E.M. Conclusion Of Hertfordshire (Navitas). were grouped and charged in separate indictments suggests that Gautier committed them on writing Pomfret different occasions. It is well settled that there is how to Monash, no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Brown, 181 Fed. Appx. Essay Writing School. 969, 971 (11th Cir.2006) (noting that while #8220;the three qualifying offenses must be temporally distinct,#8221; separate indictments are not required); United States v. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). As such, courts have found that the existence of separate indictments is not dispositive evidence that the crimes alleged therein were committed on different occasions. Essay North Broward School. 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 ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of whether prior crimes were #8220;related#8221; under the on nature School, Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). This conclusion applies with the writing conclusion of Hertfordshire, same force to Pomfret, the instant case. Prosecutors have wide discretion as to the form of think facione, criminal charging. Under Massachusetts Rule of Criminal Procedure 9(a)(2), the Commonwealth #8220;may#8221; charge two or more related offenses in writing the same indictment, and it may not.

The fact that the Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in which he may contemplate whether or not to think critically The Fessenden, commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. IV. THE SENTENCE. A. The Guidelines Computation.

I accept the presentence report computation of the essay writing on nature School, Guidelines to thinking University of Groningen (Study, this extent: the base offense level is 24 under U.S.S.G. § 2K2.1(a)(2). Writing. While Gautier argues that he should get a two-point reduction for acceptance of how to write, responsibility under § # E1.1(a) and (b), I disagree at least as Guidelines interpretation is concerned. I consider this issue in connection with the 3553(a) factors (see below). While the government argues that the defendant committed perjury during his trial testimony, I do not agree and will not enhance under § 3C1.1. I also agree that Gautier#8217;s criminal history is category IV under § 4A1.1(d) and writing on nature Pomfret School (e). The Guidelines range, then, is 63-78 months.

B. 18 U.S.C. § 3553(a) Factors. Gautier argues for a 48-month sentence because the gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to be imminent harm to others, and because he has turned his life around while in custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the purposes of 3553(a) for the following reasons: 1. Nature and Circumstances of the facione The Fessenden School, Offense. Gautier claims he took the gun from his friends because they were drunk and behaving recklessly. Even assuming that to be true, it plainly does not exonerate him, as the jury found. Given his record, he should not have put himself in a position where the offense was even possible: in essay writing School the Archdale projects, with drunk and disorderly compatriots, so much as touching a firearm. Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at the time, or did regularly. 2. Deterrence; Public Safety.

Gautier cooperated with the authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to trial on the advice of write a persuasive essay Broward, his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at essay on nature Pomfret his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in his life. Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and the family then relocated from Puerto Rico, his birthplace, to how to write Monash, Providence, Rhode Island, and Pomfret School then to Boston after a fire damaged their home. This relationship did not last, according to Gautier#8217;s mother, because her husband was abusive. When Gautier was 12, his mother sent him back to Puerto Rico to University of Central, live with his paternal grandmother because of his discipline problems.

He stayed there until age 16 when he returned to Massachusetts. DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and cradled his friend as he died. After this incident another good friend. died of complications relating to pneumonia. Essay Writing Pomfret. Soon thereafter, he was committed to writing conclusion University of Hertfordshire, DYS for a number of essay writing School, offenses. He was released on thinking University of Groningen (Study parole at age 17, but was in and out of custody until age 21 due to the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and received asbestos removal training upon his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of their son Zion Edwards Gautier.

The couple parted company when Gautier was incarcerated. While in prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the prison chaplain. Gautier spoke movingly of this work. He indicated to Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from future offending, but also a track record of missteps that plainly require both punishment and assistance. Gautier has made efforts to give his life structure, but needs more.

I have required Probation to devise a recommended plan for essay writing Pomfret, him, both as a recommendation for the Bureau of Prisons during the critically School, period of his incarceration and as a template for his supervised release afterwards. Studies suggest the significance on recidivism of a consistent plan, beginning in prison and extending into essay writing on nature School, reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed. S.R. 258 (2000). In addition to that plan, as a condition of supervised release, Gautier is to speak at high schools or to other young men identified by Probation as #8220;at risk.#8221; I believe that a sentence of 57 months is appropriate here for the following reasons. It marks the low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in essay Catholic High School possession, without the ACCA enhancement, and pled to that offense as he had wanted to do.17 That sentence combines the writing on nature Pomfret, Guidelines#8217; values with those of § 3553(a). How To Write Essay University. 1. The ballistics report observed that #8220;a portion of the trigger guard is broken off, the ejector rod collar is out of place, the essay writing on nature Pomfret, ejector rod spring is defective, the ejector rod will not secure the think facione The Fessenden, cylinder in essay on nature School the closed position, the cylinder hand is not making contact with the cylinder, and neither the trigger nor the hammer can be drawn back to the firing position. There is rust on the cylinder, the essay help Marian High School, ejector, the Pomfret School, crane, and the trigger. This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent.

Mem., Ex. B (document # 60-2). 2. His prior convictions include offenses committed in the course of a descriptive Florida, two armed robberies perpetrated on on nature Pomfret the same day in 1998; marijuana possession and distribution in 2001; resisting arrest and trespassing in 2001; possession with intent to distribute marijuana in 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) ¶¶ 35-40. 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and do a year#8221; and #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. 4. In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and the defendant#8217;s shared belief that the defendant was pleading guilty#8221; to a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the writing essay a place of Central Florida, central question was, what did the writing on nature School, defendant plead to in state court, and that the 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 method University (Study instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). Essay On Nature School. The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to a descriptive about of Central, police reports or complaint applications not made a part of the plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony.

Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the word #8220;some#8221; for the word #8220;any#8221; in #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 writing on nature, statutory definition.

Id. at 719. 7. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. Mem. 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at writing for essay University of Hertfordshire (Navitas) the very core of Prong (2) resistance. Writing On Nature Pomfret. 8. Writing A Place Florida. Last month, the Supreme Court heard argument in a case presenting the question of whether failure to writing Pomfret School, report to prison is a violent felony under the write a persuasive essay School, ACCA. School. Chambers v. United States, No.

06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). Write Essay University. 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 take the defendant into writing Pomfret School, 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 embarrassment to the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to the possible danger of physical injury posed by criminals who fail to show up to begin serving their sentences.#8221; United States v. Critically School. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against an arresting officer.

In that case, however, the defendant would be guilty of resisting arrest under Prong (1), and essay on nature Pomfret School the conviction would be an ACCA predicate offense. 10. Critical Thinking. The First Circuit has repeatedly held that #8220;[g]iven the similarity between the ACCA#8217;s definition of `violent felony#8217; and the definition of `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of whether a conviction for resisting arrest was a prerequisite #8220;crime of violence#8221; under the career offender guideline, U.S.S.G. § 4B1.1. He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in Shepard#8221; and the fact that the resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.#8217;#8221; Id. at 310. Nonetheless, he ultimately concluded without further explanation that the essay on nature School, offense did constitute a prerequisite for writing conclusion of Hertfordshire, 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 career offender status. In that case, however, the defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for essay writing, it. (Almenas is now on appeal at conclusion for essay of Hertfordshire the First Circuit. See Almenas v. United States, No.

06-2513. Because the writing on nature, parties in that case have urged the court to remand the case on alternative grounds—namely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)—I resolve the issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in 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 the subject of the arrest, creating the potential for serious physically injury to a descriptive about a place, the officer and others.#8221; Id. at 455. Because the essay Pomfret School, court made no attempt to identify the type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to writing a place University Florida, 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 writing School, possibility of a violent incident.

See id. at 1055. 12. The government urged me to writing University, consider this alternative holding, even though it had not fully briefed it, in order to essay School, avoid addressing this issue on a remand, in the event of resentencing. 13. This view accords with the guidance provided to trial judges in conclusion for essay of Hertfordshire (Navitas) 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 discern the essay writing on nature Pomfret, point at essay which the first offense is essay writing School, completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on same night in separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to how to write a persuasive essay Broward Preparatory, commit another crime after completing the first). 14.

The Shepard Court came to essay Pomfret School, this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of a place, fact about what the defendant and state judge must have understood as the factual basis of the writing on nature, prior plea, and the dispute raises the concern underlying Jones [v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the conclusion for essay University of Hertfordshire (Navitas), Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury#8217;s finding of any disputed fact essential to increase the ceiling of writing School, a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S.

224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, #8220;the disputed fact here #8230; is how to write North Preparatory School, too far removed from the conclusive significance of essay on nature Pomfret School, a prior judicial record, and too much like the findings subject to Jones and write a persuasive essay North School Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id. Essay Writing Pomfret. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the university Catholic School, ACCA, one of his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. First, an essay, offense is not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for write a persuasive essay North Broward School, 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). Writing On Nature Pomfret School. 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 two indictments on which he was convicted in 1998, he was adjudicated a youthful offender, committed to DYS custody, and then discharged at age 21. Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the university essay Marian School, ACCA. The ACCA, however, is not absolute in refusing to count convictions that have been set aside. Writing. It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Where a defendant#8217;s conviction is set aside by automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is read to include restrictions applied by writing for essay University, state statutory law.

See United States v. School. Caron, 77 F.3d 1, 4 n. Critically Facione The Fessenden School. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from essay on nature, DYS was accomplished by statute, Mass. Gen. Laws. ch.

120 § 16, so the state provision limiting those who have been convicted of writing conclusion (Navitas), a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. 140 § 131(d)(i), applies to essay writing Pomfret School, him. As a result, he cannot escape the ACCA sentencing enhancement through the § 921(a)(20) exception. Write A Persuasive Essay North. 16. The government suggested at the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished. Gautier admitted he was a felon and essay on nature Pomfret admitted that he possessed the gun. He attempted to explain that possession to the jury. Given the enormity of the ACCA enhancement, I credit his counsel#8217;s advice and help Marian the motivation for essay writing, the trying the case. University Catholic School. 17.

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

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Dialogue Is the Best Course to Combat Terrorism. Dialogue is the best course to combat terrorism Outlines Introduction Nature of essay writing on nature Pomfret, terrorism Dialogue is peaceful . Dialogue is cost effective Dialogue is sustainable Force: a Cause of terrorism Terrorism spreads due to lack of dialogue Conclusion Introduction Terrorism, achieving political aims through violence and force, is a global cancer. Thousands of lives have been claimed by it since its emergence. It is one of the serious threat faced by mankind of today. There are two main approaches.

Asif Ali Zardari , Counter-terrorism , Militant 1053 Words | 3 Pages.

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Custom Culture Difference and Ethnicity essay paper writing service. The culture and ethnicity are two terms that have been used synonymously but they are fundamentally different terms. The practitioners have a considerable misunderstanding of the terms as well as their appropriate application. In this paper we examine the concepts of culture and essay Pomfret ethnicity so as to essay about show their own relationship and their applications in the society. We will further analyze their characteristics, significance and means of preservation and maintenance in the society. Moreover, the paper will compare the cultural difference and ethnicity to identify whether they conflict. Definitions of essay writing on nature Pomfret, Culture and write essay Monash Ethnicity. The social scientist have defined culture as complex make up of the actual and the symbolic elements of a given group which include beliefs, mythology, religion, ideas, sentiments, institutions and objects. These elements are passed on writing on nature Pomfret from one generation to the next and are internalized by members of the write a persuasive North Broward, group in differing levels. The culture includes the way members of a group should relate to each other in conformation to the given ethics guidelines, kinship models and the practices of bringing up the young children.

The culture represents a system which is learned and shared among members who then interpret experiences and proper manners. The system recognizes both personal and group identity and as such their ideas are equally included in the culture systems to writing on nature Pomfret be shared and taught (Davies, 2002). On the other hand, an ethnicity shows groups of human populations. These groups maintain their differences through segregation mechanisms such as geographical and social obstruction. Therefore one of these groups is referred to as an ethnic group and may be of critical method University (Study, a nation, a people, a language or a religion. There was an earlier definition that defined an ethnic group as a different category of the population whereby its culture is different from that of a larger society it belongs. Essay Writing On Nature Pomfret School! The people belonging to the ethnic group find themselves to have similar ties and bound by common practices as well as ties of race or culture (Davies, 2002). According to think O%u201FDell (n. d.), anthropologist Fredrik Barth referred an ethnic group as something that is extensively biologically self-continuing, shares basic cultural beliefs recognized in their cultural forms, sets up the writing on nature Pomfret School, ground of critically The Fessenden, communication as well as interaction and has a membership which consciously identifies itself, and is identified by others, as constituting a unique category from other groups. Culture Difference and Ethnicity.

The culture difference alone cannot make up ethnicity but requires to be consciously recognized in order to make ethnicity. The fact is that if a group is not conscious of its characteristics then they cannot make up an ethnic group. Thus there cannot be ethnicity even where a group is very distinct but fails to essay writing on nature be conscious of their unique features. How To A Persuasive Broward Preparatory School! This explains why many indigenous groups which were distinct from each other do not belong to ethnic groups since they were not conscious of their ethnicity. Therefore ethnicity as well as enlistment as an School, ethnic group requires that the members be conscious of university help Catholic High School, their difference including their cultural differences from on nature School, other groups as well as the similarities to identify with in their own culture. Thus in the actual sense individuals with different cultures but live without any problems arising from their differences are termed not to be ethnic considering the proper meaning of the word (Eller, 1999).

The culture difference in itself does not become ethnicity on its own but it has to write Monash be taken and writing Pomfret used by a group in modern ways so as to make it an ethnicity. A Persuasive Essay North Broward Preparatory School! The ethnicity normally do not cause conflict but in certain situations and essay Pomfret School accelerated by particular events, there may be conflict caused by of Groningen ethnicity. This means that small cultural differences can easily be noticed and contribute to controversial difference in ethnicity. However, large cultural difference leaves no doubt to the ethnic groups about the divide and as such may lead to minimal or no ethnic differences or conflicts (Eller, 1999). It is essay on nature Pomfret, apparent that cultural differences causes ethnicity but ethnicity does not give rise to cultural differences. This is because group identity is derived from how to essay Monash University, cultural difference and failure to recognize culture implies that a group may not be developed. Thus ethnicity exists purely because of existence of different cultures. Whenever an ethnicity is being elaborated, it is apparent that culture has to essay writing School be mentioned.

According to Darder (2005), ethnicity is thought by how to essay Monash people to be a segment of population that share a common culture and participate in shared activities which generate from a common culture. This means that ethnicity cannot be divorced from culture and the relationship will always exist. Both the cultural difference and ethnicity are used for identity purposes. However, it is important not to be overemphasized because there are other means of essay on nature School, identity like gender, class or economic status. The studies of immigrants and refugees have recently concentrated on their culture difference as well as ethnicity of for essay of Hertfordshire (Navitas), their sources of origin.

The concept of difference brings about ethnicity and culture as observed across the globe. As a matter of fact tourism has been promoted by culture difference and ethnicity which has improved national economies (O%u201FDell, n. d.). Characteristics of Culture. The most conspicuous characteristic of writing Pomfret School, culture is that it is conclusion, open to all people who are interested. An individual can be recruited to a culture by learning its norms, traditions and procedures. Moreover, the individual can then share the knowledge of the culture and further participate in cultural events thus becoming a full member of the culture. Essay Writing On Nature Pomfret! Although it is possible that a given culture is a persuasive, able to can be learnt, it is of absolute importance that an individual is raised from a particular culture so as to understand fully its features and contribute to its improvement. Essay On Nature School! This is because the culture recognizes its members in a mutual process where the members can share benefits as well as contribute to its development and maintenance (Ghai, 2000).

Secondly, the essay, culture is based on tradition and continuity which is passed from one generation to the next. The culture stresses on writing on nature Pomfret conservation and Monash University continuity of traditions rather than innovation of new culture developments. Writing Pomfret! The conservatism is emphasized to the extent that it sacrifices the creativity power and as such may not expand beyond certain levels (Ghai, 2000). The preservation of write, traditions and passed to children through stories and teachings, ensure that the essay Pomfret School, culture is maintained for a long term period. The conservatism ensures that the culture is not corrupted with new ideas which may make it to lose its original identity.

Just like culture of write Preparatory School, Japanese blood' which had been maintained throughout the essay writing on nature School, reigning of succeeding emperors (Weiner, 2004). Moreover, a culture survives mainly through assimilation. This means that a member from another culture is allowed to become its member by simply accepting and High School distributing its basic cultural factors. Essay Writing On Nature School! This process is a characteristic of both dominant cultures as well as newcomers which allows them to grow and ensure survival of thinking University of Groningen (Study Group), their cultures (Ghai, 2000). Essay On Nature Pomfret School! Therefore the cultures grow by allowing individuals from other cultures to join in without being barred. Thus the characteristic of non-segregation of other cultures is critical method University Group), working positively to the increment of writing on nature, numbers of think facione School, a particular culture which enhances strength and unrivaled continuity (Appadurai, 1996). Furthermore, the writing on nature Pomfret School, culture is characterized by its difference. It is important that culture requires difference to survive because it is based on diversity whereby several cultures compete and their systems conflict causing a genuine importance of culture. This difference is important so as to be able to distinguish separate persons as far as culture is concerned. There are states that are only identified by thinking of Groningen (Study their culture which is different from other cultures. Therefore it becomes apparent that there will be no development of one culture in the entire world because if developed, there would be no difference which means a total death to culture (Ghai, 2000).

Thus diversity and differentiation in cultures are crucial elements for continuity. Characteristics of Ethnicity. The major characteristic if ethnicity is that each ethnic group has unique cultural traits. Since an writing on nature School, ethnic group belongs to a larger society, they can only be identified with their unique cultural set of traits. Therefore an ethnic group has some unique character traits that put them aside from the entire society. However, for how to essay University, the character traits to make up an writing Pomfret, ethnic group then they should be of fundamental features of social life including language and writing a place University religion. This means that we may need further qualification of ethnicity in essay writing School an event we have a character trait like a profession which is not fundamental (Marger, 2008). The second characteristic is that ethnicity has a sense of community.

This is in writing of Central Florida addition to the unique cultural traits in that they are conscious of their membership to the ethnic group. This is the awareness of being closely associated with particular ethnic group. This sense of belonging to a specific ethnic group is derived from the fact that individuals believe to share a common ancestry or heritage. Writing On Nature School! It is normal to how to Monash realize that whenever individuals share a common origin they tend to come close together and create a comfort zone for themselves whiles caring more to each other as compared to the general public. This congregation is a characteristic of ethnic groups which can go to the extent of defending their ethnic kinsmen from any external disturbances. However, it is not necessary that they belong to a common ancestry but as long as they recognize themselves as an ethnic group is sufficient (Marger, 2008). Another characteristic of an ethnic group is the writing on nature, ethnocentrism which is the tendency to Monash judge the other groups by the standards and values of their own group. This judgment creates a general assumption that one's ethnic group is superior.

With this character, a group will view its own ways to writing Pomfret be the correct while for the other groups to be odd and how to write a persuasive School immoral. With the feeling of superiority as a basis an ethnic group will develop solidarity to foster its cohesiveness among its members. However, this characteristic has a negative effect in that it can create animosity and essay writing conflict between different ethnic groups (Marger, 2008). This is the characteristic that brings about racism among communities in terms of their color or any other characteristic. In South Africa, ethnicity brought about racism among the black and the white ethnic groups which causes them to mistreat each other. In the movies District 9 the black South Africans was being mistreated by the white during apartheid period being referred to as thrash-eating vermin and loathsome which was not actually true but rather accelerated by racism (Schürholz, 2010). Moreover, in ethnicity there is an ascribed membership. This means that membership to a particular ethnic group can be achieved ordinary through birth and it may not be subject to change. Once an individual is born in certain ethnic group it may be difficult to change to another ethnicity unless under abnormal circumstances. The circumstances may include outright denial and changing of names to suit the outward ethnic group which may not be any easy. The actual fact is that when an individual is growing up they learn a lot about their ethnic group as well as others up to a point that they appreciate their own group and accept just like accepting one's gender.

Those aspiring to change their ethnicity usually are not permitted fully by the members of ethnic groups and may sometimes be considered to be outcasts. However, there is room for university Marian, salient change of ethnicity which may happen in writing on nature Pomfret School marriage across two ethnic groups (Marger, 2008). The last characteristic of ethnicity is that a particular group occupies specific territory within the larger population. How To Write Essay North Broward Preparatory! An ethnic group is usually concentrated in writing Pomfret School a region. An example is Welsh and Scots concentrated in Britain whereas Flemings and how to essay Walloons in Belgium. With this territorial occupation, an writing on nature Pomfret, ethnic group is university help Marian School, able to maintain a political status as a group which is formally recognized. This is because they could occupy a large territory which gives them a large bargaining power due to their concentrated nature. Writing On Nature School! There are situations where the members of a given ethnic group do not settle in a specific geographical territory and fail to maintain culture such as language.

In these cases the ethnic identity could be lost and cultural ways dominant groups assimilating scattered ethnic groups. An example is the United States where ethnic groups are dispersed throughout the society leaving no dominant ethnic group (Marger, 2008). Significance of Culture Difference and Ethnicity. The ethnicity is how to write Monash, not fixed but rather a variable in which the characteristics displayed by a given group are at varying degrees. The importance of ethnicity and culture difference makes people to work hard to writing Pomfret retain their identification (Rosdahl Kowalski, 2007). The importance of ethnicity and culture is that individuals can be associated to a particular group and through it are able to be easily accepted in the mainstream of the society. University Help Marian Catholic High! There is a high bargaining power for an ethnic group compared to a situation where there is no group to be associated. It is important to note that ethnicity is used as a basis of ranking where individuals are rewarded according to the status of their ethnic groups.

This is because it is difficult in any society for resources to be shared equally but rather ethnicity determines the share to be taken by essay on nature Pomfret School each group in specific amounts. This makes ethnicity to be so influential in people's lives and thus considered to be what shapes the relationships among the members of a society (Marger, 2008). Essay University Of Central! Even the students in schools are influenced by ethnicity to essay Pomfret School the extent that they relate to their fellow students and colleagues by writing about a place University Florida display family characteristics (Berends, 2005). The other significance of ethnicity is that they shape primary relations. These are relations in essay small social set ups including families and peer groups. The ethnicity is used by others to select their close friends, marriage partners as well as places of residence. Moreover, ethnicity and culture can be an critical thinking method University, excellent way of shaping behavior of the group members of particular groups (Marger, 2008). This is because there are values being thought by ethnic groups to writing School its members concerning good behavior values and results in a better society.

However, we cannot rule out that whenever there is a bad culture in an ethnic group there is conclusion for essay University (Navitas), a potential that it will be transferred to generations if not addressed within the shortest time. Conclusion on Culture Difference and essay Pomfret Ethnicity. After stating ethnicity and culture and discussing the specific characteristics for how to write Broward Preparatory, each one of essay Pomfret School, them, we find that culture difference does not conflict with ethnicity. This is because ethnicity group is derived from culture difference which is recognized by culture conscious members. Thus we can conclude that both culture difference and ethnicity are used in the society simultaneously to identify separate groups within the larger population society. However, it is important to note that although culture difference consciousness gives rise to ethnicity, the reverse is critical thinking method University (Study Group), not true. That is an ethnic group cannot give rise to give culture difference. Buy Culture Difference and Ethnicity essay paper online. I just received a 99% on my research proposal!

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