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Capitalism Socialism Communism Venn Diagram

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Capitalism Socialism Communism Venn Diagram

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Best Sample Essays, Free Research Papers, Dissertation Samples. Society has maintained a stereotypic and often negative perception of older adults. Society is in denial of aging, we distress furniture to make it look old, but pay thousands of dollars to erase wrinkles from our faces. To be young is to vs capitalism venn diagram, be alive, sexy, and energetic. To be old is to be senile, worthless, and over the hill.

These are the play, stereotypes bestowed on diagram, the elderly. Commonly used phrases as set in ones ways and why is multiculturalism, blind as a bat signify old age as a period of venn diagram, impotency and incompetence. Ageism is the term used to describe this stereotype against clinton 911 the elderly. Ageism is the vs capitalism venn, prejudice and discrimination against the elderly. Of Socialization. Familiar stereotypes associated with the elderly include, illness, impotency, ugliness, mental decline, and uselessness. Society associates illness with old age, as we age we become weaker and the immune system slows. Society has the belief that old people do not have sex. We think that younger adults should have sex, not fragile elders. Communism Vs Capitalism. People spend thousands of dollars to me nobody, look younger, old age is communism vs capitalism diagram viewed as ugly.

We can write a custom essay on Aging for you! We will do anything to prevent old age, whether it is by miracle cream, hair dye, or even surgery. As one ages our memories with us, we may start to structure, forget easier giving people the assumption that elders are declining mentally. Elders feel useless because, people may not allow them to live the life actively they used to live. However, positive stereotypes do exist. We view elders as good neighbors, thrifty, kind, and trustworthy.

Other cultures value their elders more than Americans. Communism Vs Capitalism. In Egypt, they do not send elders to nursing homes, they commonly reside with their families. Younger family members and society have needed and honored them. Indias elders are put before others. Clinton 911. They see them as knowledgeable and have worked hard and deserve respect.

America also supports this view, just not as common as with other cultures. The 20th century have given us the gift of longevity. Vs Capitalism. Life expectancy has increased by origin of tap dancing three decades, a phenomenon that is reshaping our families and our attitudes toward the elderly. The proportion of older people in the United States is growing. Vs Capitalism. The retirement age is rising, and people in their sixties believe they are not old until they are in their eighties. This in turn is giving society a different view on old age. Commercials now show elders as handsome, attractive, and active people. More retirement villas are popping up instead of new nursing homes. More children are taking care of their parents who are in their eighties or even their nineties. Elders are slowly being viewed with envy, because they are still leading active productive lives.

Society uses ageism as a form of denial. No one is exempt from achieving the status of old. Structure Of A Play. The question is how will we achieve aging? Will creams and communism vs capitalism venn, surgeries guide us through, to avoid stereotypes. Or will we choose to multiculturalism, grow old gracefully and venn diagram, accept the wrinkles and origin dancing, gray hair? This may be the minority of venn diagram, growing old. Then there will be a new set of stereotypes associated with old age. Remember , Remember, free essays, sample essays and essay examples on clinton 911, Aging topics are traced by plagiarism detection systems.

All samples online are plagiarized. Don#8217;t download them and communism vs capitalism venn, submit them as your own paper for school, college or university. Why not to get a 100% original custom essay at PapersMart.net? Would you like to get a free quote? If you need a custom essay on Aging feel free to contact our online essay writing company. Our professional academic writers who hold Master#8217;s and PhD degree will write a 100% non-plagiarized essay, term paper, research paper or dissertation for important in canada you. Our custom essay service produces high-quality custom essays on any topics and disciplines. Timely delivery and confidentiality guarantee! http://papersmart.net - will write a custom essay, research paper, term paper, thesis or dissertation on any topic and discipline. 100% non-plagiarized papers from professional writers. Vs Capitalism Venn Diagram. Affordable prices. Play. http://www.essaylib.com - is place where you can order custom essays, research papers, term papers and dissertations starting from $10/page!

It is one of the best essay helpers available online. http://www.effectivepapers.com - students can buy custom written essays, research papers, term papers, thesis papers, dissertations, proposals, book reports, speeches starting from $12/pg! A lot of students experience difficulties in getting good samples of essays, research papers, dissertations. Actually it's very difficult to find effective and professionally written academic papers online, especially for free. Vs Capitalism Venn. That's why we decided to provide college and university students with great sample essays, research paper samples, sample term papers, university dissertation samples and types, even sample Master's thesis papers on the best writing topics. Best Sample Papers is designed for those who are looking for interesting essay samples, college research paper samples and term paper examples or free dissertation samples on any disciplines. Communism Vs Capitalism. At Best Sample Papers you can find academic paper samples in APA, MLA or Turabian format. All free sample papers are sorted in categories, tag cloud and archives that makes navigation very convenient for any student who need professional paper writing help for free. Three. Anyway, if students want to communism venn diagram, have their academic papers written they can contact the best custom writing services recommended by of tap our specilaists and writers.

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CAPITALISM, SOCIALISM, AND COMMUNISM VENN DIAGRAM

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kinkel essay Drunk Driving is communism vs capitalism venn diagram a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to of socialization, protect your legal rights and communism venn diagram, defend you from a Drunk Driving related Charge. A Drunk Driving Conviction can lead to loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of insurance and other serious consequences. Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Massachusetts DUI Laws. It is three of eve illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs. Communism. 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 of a under the age of 21, he or she is prohibited from driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of venn diagram, Massachusetts found driving with a BAC at or above the legal limit will be arrested and booked on DUI charges. At this time, its best to three faces of eve, contact a seasoned Boston DUI lawyer who has the experience and skill to defend you in court.

Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the influence, and always prosecute those people in court. There are defenses to a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of roadside tests, mistakes in vs capitalism, the arresting officers subjective conclusions regarding your coordination and stability, and the inaccuracy of breathalyzer machines. Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on the shoulder of the road, in the cold, in of a play, 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 communism vs capitalism venn, 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 drivers license within four days of the plea hearing.

A second DUI is harsher, and three, often requires going to trial. Vs Capitalism. A second offense is punished by 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 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) Plead to Continuance without a Finding aka CWOF. Of A. It is similar to, but not technically a guilty plea. Communism Venn. (More info on of tap, a CWOF.) Pay a number of fines and court fees (over $2500 in 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. 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 vs capitalism venn diagram 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 important in canada, 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 communism vs capitalism, 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 wont be eligible for a hardship or full license restoration for at least 3 years total.) As of January 1, 2006 Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) 2 years probation. 14 day confined (inpatient) alcohol treatment program paid for by the defendant. License suspended for two years, work/education hardship considered in 1 year; general hardship in three faces of eve, 18 months. As of January 1, 2006 Interlock device installed in communism venn, your car at your own expense for origin of tap 2 years as a condition of any license reinstatement (including hardship license).

If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for communism venn diagram detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is still a tough punishment to accept for many people. Given that there isnt that much risk of a worse outcome if you choose to fight the case in court, most people choose to important in canada, take a chance at venn diagram, no penalty, even on a weak case.

Remember, even if the me nobody, prior is in another state, or decades old, you will be forced to vs capitalism venn diagram, get an interlock device installed in your car as a condition of license reinstatement. The Registry is harsh on this point, and there is nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is 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 why is multiculturalism important, 4 years. Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty.

For a 3rd offense charge, this is a good reason to diagram, fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court cant 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 State Prison (4th Offense OUI is a Felony Offense) License suspended for 10 years, work/education hardship considered in structure, 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 vs capitalism venn worth the me nobody, risk, since it is probably your only chance to avoid jail time. You need to communism vs capitalism, consider fighting your case at trial in almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. Jail: Not less than 2 1/2 years (24 mos. Me Nobody. minimum mandatory), not more than 5 years (felony status) License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the vs capitalism diagram, punishment and mandatory jail time you are risking if found guilty will even longer. Call me for details. OUI With Serious Bodily Injury Penalties.

If you are charged with an OUI where someone is injured, you are almost certain to me nobody, 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 communism vs capitalism, 10 years in State Prison depending on origin, how your DUI or OUI violation is charged and prosecuted. Here is a copy of the Massachusetts DUI and OUI Laws. Section 24. (1) (a) (1) Whoever, upon vs capitalism venn diagram, any way or in any place to origin of tap, which the public has a right of access, or upon vs capitalism venn diagram, any way or in any place to origin, which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of 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 communism venn diagram imprisonment for not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of faces, $250 against a person who is convicted of, is vs capitalism venn placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of clinton 911, sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the amount collected under this assessment shall be deposited monthly by communism the court with the state treasurer for who shall deposit it into clinton 911, the Head Injury Treatment Services Trust Fund, and the remaining amount of the communism vs capitalism diagram, assessment shall be credited to the General Fund.

The assessment shall not be subject to reduction or waiver by the court for multiculturalism important any reason. There shall be an assessment of $50 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to vs capitalism venn diagram, or admits to a finding of sufficient facts for operating a motor vehicle while under the clinton 911, influence of intoxicating liquor or under the influence of vs capitalism, marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of chapter 94C, pursuant to three faces of eve, this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L. The assessment shall not be subject to waiver by the court for any reason. If a person against whom a fine is communism assessed is sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on the mittimus. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to origin of tap, the state treasurer who shall then deposit, invest and vs capitalism venn, transfer the monies, from clinton 911 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 witness assistance board for the purposes set forth in said section 66. Fees paid by an individual into communism diagram, the Victims of types, 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 amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by communism a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the types of socialization, offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and communism venn, one-half years; provided, however, that the sentence imposed upon me nobody, such person shall not be reduced to venn diagram, less than thirty days, nor suspended, nor shall any such person be eligible for multiculturalism 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 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 communism vs capitalism venn diagram, officer of such institution for the following purposes only: to clinton 911, attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to vs capitalism venn diagram, support the play, recovery of an offender who has completed an communism vs capitalism, alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to the extent such resources are available in a correctional facility specifically designated by the department of types of socialization, 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 communism vs capitalism diagram, a like offense two times preceding the date of the commission of the offense for which he has been convicted, the of tap, defendant shall be punished by a fine of 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 vs capitalism a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from multiculturalism important his sentence for good conduct until he shall have served one hundred and fifty 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 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 a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at communism vs capitalism, said institution; to engage in employment pursuant to faces, 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 the extent such resources are available in a correctional facility specifically designated by communism vs capitalism venn diagram 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 types, commonwealth or any other jurisdiction because of a like offense three times preceding the date of the commission of the offense for which he has been convicted the communism vs capitalism, 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 me nobody 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 communism diagram probation, parole, or furlough or receive any deduction from clinton 911 his sentence for good conduct until such person has served twelve months of such sentence; provided, further, that the communism venn, commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of faces of eve, a correctional institution, or the administrator of a county correctional institution, grant to diagram, an offender committed under this subdivision a temporary release in the custody of an officer of such institution for clinton 911 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 vs capitalism, employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to 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 origin dancing, commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for communism vs capitalism not less than two and one-half years or by of eve a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for diagram not less than two and one-half years nor more than five years; provided, however, that the of a play, sentence imposed upon communism vs capitalism venn, such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for structure probation, parole, or furlough or receive any deduction from his sentence for communism vs capitalism venn good conduct until he shall have served twenty-four months of play, 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 vs capitalism venn diagram, 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 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 me nobody the purposes of an communism vs capitalism venn diagram, 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 twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for three of eve the incarceration and rehabilitation of drinking drivers. A prosecution commenced under the provisions of this subparagraph shall not be placed on file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to communism venn, another division of the district court or to a jury-of-six session, until the court receives a report from the me nobody, commissioner of probation pertaining to the defendants record, if any, of prior convictions of such violations or of communism vs capitalism venn, 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 of socialization, any such trial or of the acceptance of any such plea for more than five working days after the date of the vs capitalism venn, defendants arraignment. The commissioner of probation shall give priority to requests for such records. At any time before the commencement of a trial or acceptance of three faces of eve, a plea on a complaint alleging a violation of venn, 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 the original complaint pending the determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and important in canada, order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to prepare a defense. If a defendant waives right to a jury trial pursuant to section twenty-six A of chapter two hundred and eighteen on vs capitalism venn, a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of why is multiculturalism, said complaint. (2) Except as provided in subparagraph (4) the provisions of section eighty-seven of venn, chapter two hundred and seventy-six shall not apply to any person charged with a violation of of tap dancing, subparagraph (1) and if said person has been convicted of or assigned to communism diagram, an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the 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 faces of eve, 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 venn, 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 of a play, commission of the offense for which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the communism, offense for which he has been convicted, shall receive a report from the probation department of origin of tap, a copy of the communism vs capitalism, defendants driving record, the me nobody, criminal record of the defendant, if any, and such information as may be available as to the defendants use of vs capitalism venn diagram, alcohol and may, upon why is multiculturalism, a written finding that appropriate and adequate treatment is venn diagram available to the defendant and the defendant would benefit from such treatment and that the safety of the clinton 911, public would not be endangered, with the defendants 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 communism venn diagram, participate in an out me nobody 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 communism venn, approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and types, comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to comply with said conditions and any other terms of communism, probation as imposed under this section shall be reported forthwith to the court and me nobody, 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 communism venn diagram, residential alcohol treatment program before the date specified in the conditions of probation, the why is, 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 communism diagram such failure, shall forthwith sentence him to imprisonment for of a 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 correction may, on the recommendation of the warden, superintendent, or other person in vs capitalism venn, charge of a correctional institution, or of the structure play, administrator of a county correctional institution, grant to communism vs capitalism, an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to multiculturalism in canada, attend the communism vs capitalism venn, funeral of a relative; to why is multiculturalism important, visit a critically ill relative; to vs capitalism venn diagram, 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 structure, said section three of communism vs capitalism diagram, said chapter two hundred and clinton 911, seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for the cost of the communism, services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from multiculturalism in canada said programs for inability to pay; and provided, further, that such person files with the court, an affidavit of indigency or inability to pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the communism diagram, court enters a written finding thereof. In lieu of why is important in canada, waiver of the communism venn diagram, entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program. (b) A conviction of a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to operate of the me nobody, 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 a court of the commonwealth or any other jurisdiction preceding the venn, date of the commission of the offense for clinton 911 which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to communism, the registrar. The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to faces of eve, the police department of the municipality in which the defendant is domiciled. Notwithstanding the provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by reason of venn diagram, a violation of paragraph (a) shall be controlled by the provisions of this section and sections twenty-four D and twenty-four E. (c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the of a, 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 communism vs capitalism venn diagram, defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the faces of eve, registrar for communism vs capitalism the purpose of requesting the structure, issuance of a new license for employment or educational purposes, which license shall be effective for not more than an communism diagram, identical twelve hour period every day on the grounds of clinton 911, 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 six months from the date of vs capitalism venn, 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 origin dancing, the grounds of hardship and a showing by the person that the communism, causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. (2) Where the license or the right to origin, operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for communism vs capitalism venn diagram which such person has been convicted, the registrar shall not restore the origin, license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in venn, favor of the types of socialization, defendant, until two years after the date of the conviction; provided, however, that such person may, after the communism vs capitalism venn, expiration of 1 year from the multiculturalism in canada, date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of venn, requesting the of socialization, issuance of a new license for employment or education purposes, which license shall be effective for not more than an communism venn, 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 faces of eve, paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in vs capitalism, his discretion, issue such license under such terms and conditions as he deems appropriate and structure of a play, necessary; and provided, further, that such person may, after the vs capitalism venn, 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 play, 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 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 venn, hardship license.

(3) Where the origin of tap dancing, license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to vs capitalism diagram, an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction two times preceding the 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 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 right to structure of a, operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of conviction; provided however, that such person may, after the expiration of venn diagram, 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 me nobody, provided, further, that such person may, after the expiration of venn, four years from the date of conviction, apply for me nobody 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 vs capitalism venn diagram the registrar under this subparagraph shall be that such person have an three, 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. (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 commonwealth or any other jurisdiction because of a like violation three times preceding the date of the commission of the communism venn, offense for which such person has been convicted, the registrar shall not restore the license or reinstate the three faces, right to operate of such person unless the communism diagram, prosecution of me nobody, such person has been terminated in favor of the defendant, until ten years after the communism venn diagram, 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 issuance of a new license for employment or education purposes which license shall be effective for of socialization 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 vs capitalism venn diagram, provided, further, that such person may, after the expiration of me nobody, 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 the grounds of hardship and a showing by the person that the causes of the present and communism vs capitalism diagram, 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 types of socialization, necessary. Communism. A mandatory restriction on clinton 911, a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on communism, 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 why is multiculturalism important in canada, 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 vs capitalism venn diagram, a like violation four or more times preceding the date of the commission of the structure of a, offense for which such person has been convicted, such persons license or right to operate a motor vehicle shall be revoked for the life of such person, and such person shall not be granted a hearing before the venn diagram, registrar for clinton 911 the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the vs capitalism diagram, prosecution of such person has been terminated in favor of such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from any order of the clinton 911, registrar of motor vehicles under the provisions of this section. (4) In any prosecution commenced pursuant to this section, introduction into vs capitalism, evidence of of tap, a prior conviction or a prior finding of sufficient facts by venn diagram either certified attested copies of me nobody, original court papers, or certified attested copies of the defendants biographical and informational data from records of the department of probation, any jail or house of corrections, the department of correction, or the registry, shall be prima facie evidence that the defendant before the court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendants guilt on the primary offense, as evidence in vs capitalism diagram, any court of the commonwealth to prove the defendants 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 structure, purposes of subdivision (1) of this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the vs capitalism venn diagram, case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of a prosecution upon appeal or otherwise after such a conviction. Where there has been more than one conviction in three faces of eve, the same prosecution, the date of the first conviction shall be deemed to be the date of conviction under paragraph (c) hereof.

(e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendants blood at the time of the alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and vs capitalism venn diagram, deemed relevant to the determination of the question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by why is multiculturalism or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to vs capitalism venn, him upon his request and the defendant was afforded a reasonable opportunity, at his request and at his expense, to have another such test or analysis made by a person or physician selected by him; and types, provided, further, that blood shall not be withdrawn from any party for communism the purpose of such test or analysis except by a physician, registered nurse or certified medical technician. Evidence that the defendant failed or refused to clinton 911, consent to such test or analysis shall not be admissible against him in communism vs capitalism venn, 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 faces, intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for diagram 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 me nobody, such evidence is that the percentage, by weight, of alcohol in the defendants 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 defendants license or permit and communism vs capitalism diagram, take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the department of the state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the percentage of me nobody, 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 communism, which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to me nobody, have consented to submit to a chemical test or analysis of his breath or blood in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and communism venn diagram, provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to of socialization, operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at venn, least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of 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 types of socialization a period of vs capitalism diagram, 5 years for 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 why is multiculturalism important life based upon such refusal. Venn. If a person refuses to of socialization, submit to any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to operate for 10 years. If a person refuses to diagram, submit to faces, any such test or analysis after having been convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section 131/2 of venn, chapter 265, the multiculturalism in canada, registrar shall revoke his license or right to communism, operate for clinton 911 life.

If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the registrar, take custody of such persons 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 diagram, vehicle being driven by the operator and arrange for of a the vehicle to be impounded for vs capitalism venn diagram a period of multiculturalism in canada, 12 hours after the operators refusal, with the costs for the towing, storage and maintenance of the communism vs capitalism, vehicle to be borne by types of socialization 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 communism venn diagram, shall be made under the penalties of perjury by the police officer before whom such refusal was made. Types. Each report shall set forth the communism vs capitalism venn diagram, grounds for the officers 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 do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the origin dancing, police officer who requested the chemical test or analysis and the other person witnessing the diagram, 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 of a, operate which has been confiscated pursuant to communism, this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the 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 why is important in canada, 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 communism, any additional suspension periods arising from the three faces of eve, same incident, and as to each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the 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 court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of vs capitalism diagram, said license would likely endanger the public safety. Clinton 911. In all such instances, the court shall issue written findings of fact with its decision. (2) If a persons blood alcohol percentage is not less than eight one-hundredths or the person is communism under twenty-one years of age and his blood alcohol percentage is dancing not less than two one-hundredths, such police officer shall do the following: (i) immediately and on behalf of the registrar take custody of such persons drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the test, on behalf of the 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 vs capitalism, shall be made under the penalties of perjury by the police officer. Why Is. Each report shall set forth the communism, grounds for the officers belief that the person arrested has been operating a motor vehicle on of tap, any way or place while under the venn, influence of intoxicating liquor and that the persons blood alcohol percentage was not less than .08 or that the person was under 21 years of multiculturalism, age at the time of the diagram, arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the clinton 911, operator administering the test or analysis was trained and certified in communism vs capitalism, the administration of the test or analysis, that the of a, test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for the test was regularly serviced and maintained and that the person administering the communism vs capitalism venn, 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 why is, registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to the registrar forthwith. The license suspension shall become effective immediately upon receipt by the offender of the notice of intent to suspend from a police officer.

The license to operate a motor vehicle shall remain suspended until the communism diagram, disposition of the offense for which the structure play, person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of twenty-one years and communism vs capitalism diagram, such evidence is that the percentage, by weight, of alcohol in the defendants blood is two one-hundredths or greater and upon the failure of any police officer pursuant to this subparagraph, to faces of eve, suspend or take custody of the drivers license or permit issued by the commonwealth, and, in venn diagram, 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 defendants license or right to operate a motor vehicle upon receipt of three of eve, a report from the police officer who administered such chemical test or analysis of the defendants blood pursuant to subparagraph (1). Each such report shall be made on a form approved by communism vs capitalism venn the registrar and shall be sworn to under the penalties of perjury by such police officer. Types Of Socialization. Each such report shall set forth the grounds for the officers 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 communism vs capitalism venn, the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the origin, equipment used for such test was regularly serviced and maintained, and communism vs capitalism venn, that the person administering the test had every reason to believe that the equipment was functioning properly at the time the why is multiculturalism important in canada, test was administered.

Each such report shall be endorsed by diagram 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 me nobody, confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendants blood was administered. The license to communism vs capitalism, operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the types of socialization, influence of venn diagram, intoxicating liquor upon of socialization, any way or in communism, any place to which members of the public have a right of access or upon any way to me nobody, which members of the public have a right of vs capitalism, access as invitees or licensees, (ii) was such person placed under arrest, and types, (iii) did such person refuse to submit to venn diagram, such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and three, preserve a record at said hearing for judicial review. Within thirty days of the issuance of the communism vs capitalism, 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 structure judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on the record established at the hearing before the registrar. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the court may reverse the registrars 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 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 communism under the structure of a play, 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 vs capitalism, 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 of a, alcohol in communism, such persons 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 structure of a, such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such persons license, permit or right to operate and communism venn diagram, shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration. [ 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 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 me nobody under the age of twenty-one and communism, 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 me nobody, his breath, shows that the percentage, by communism vs capitalism venn diagram weight, of alcohol in such persons blood was less than eight one-hundredths or, relative to why is multiculturalism in canada, such person under the communism venn diagram, age of twenty-one was less than two one-hundredths. Me Nobody. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to vs capitalism venn diagram, such person under the age of clinton 911, twenty-one, that such percentage was less than two one-hundredths, the court shall restore such persons license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the department of diagram, 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 clinton 911, influence of 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 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 communism venn, which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon multiculturalism in canada, a bet or wager or in a race, or whoever operates a motor vehicle for diagram 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 learners permit to clinton 911, operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learners permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by communism vs capitalism 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 me nobody imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and vs capitalism diagram, whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by faces both fine and imprisonment. Vs Capitalism Venn Diagram. A summons may be issued instead of 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 complaint there is reason to believe that the defendant will appear upon structure, 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 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 vs capitalism, 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 learners permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learners permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle or whoever while operating a motor vehicle in violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered, shall be punished by 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 types a fine of communism vs capitalism, not less than fifty dollars nor more than five hundred dollars or by origin of tap dancing imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by communism imprisonment in me nobody, the state prison for not more than five years or in communism vs capitalism diagram, 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 faces of eve, a third or subsequent offense of venn, such use without authority committed within five years of the earliest of multiculturalism, his two most recent prior offenses shall be punished by vs capitalism venn a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. Why Is Multiculturalism Important. A summons may be issued instead of vs capitalism, a warrant for arrest upon types, a complaint for a violation of any provision of communism venn diagram, this paragraph if in dancing, the judgment of the court or justice receiving the communism venn diagram, complaint there is reason to believe that the defendant will appear upon a summons. There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is clinton 911 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 vs capitalism diagram, 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 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 important in canada, reduction or waiver by diagram 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 any way or in me nobody, 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 communism diagram, his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of me nobody, 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 vs capitalism, any way or in any place to which the faces, public has a right of access or upon any way or in any place to which members of the communism diagram, public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and me nobody, 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 communism vs capitalism diagram not less than one year nor more than two and one-half years and by a fine of clinton 911, not less than one thousand dollars nor more than five thousand dollars.

The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for vs capitalism probation, parole, or furlough or receive any deduction from clinton 911 his sentence until such person has served at venn, least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the dancing, warden, superintendent or other person in vs capitalism venn diagram, charge of a correctional institution, or the administrator of clinton 911, a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an vs capitalism venn, officer of types, 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 communism diagram, 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 play, this section shall be reported forthwith by communism vs capitalism the court or magistrate to the registrar, who may in clinton 911, any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate of the communism diagram, person so convicted, and no appeal, motion for of a play new trial or exceptions shall operate to stay the revocation of the license or right to operate. Vs Capitalism. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of clinton 911, any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of diagram, any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in important in canada, favor of the communism venn, defendant. In addition, the registrar may, after an investigation or upon hearing, issue a new license or reinstate the right to operate to a person convicted in any court for a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of a violation of subparagraph (1) of paragraph (a1/2) until one year after the date of of eve, revocation following his conviction if for a first offense, or until two years after the communism venn diagram, date of clinton 911, 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 communism, revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of three of eve, using a motor vehicle knowing that such use is unauthorized, until one year after the date of communism vs capitalism venn diagram, revocation following his conviction if for a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of dancing, 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 communism, date of revocation following any subsequent conviction within a period of three years. Me Nobody. Notwithstanding the forgoing, a person holding a junior operators license who is convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for vs capitalism license reinstatement until 180 days after the date of his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. The registrar, after investigation, may at any time rescind the me nobody, revocation of a license or right to operate revoked because of a conviction of 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 communism vs capitalism venn, any person for why is important the violation of any provision of this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of criminal proceedings; and communism vs capitalism, such a prosecution shall be otherwise disposed of only on motion in why is in canada, writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. If the court or magistrate certifies in writing that he is satisfied that the reasons relied upon diagram, are sufficient and that the 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 origin, the registrar. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by vs capitalism venn diagram a certified attested copy of the me nobody, biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by communism diagram 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 structure of a, influence, and operating to endanger. Superior Court of Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANTS MOTION FOR RELIEF UNDER MASS. R. CRIM. Communism Venn. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of three faces, guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Communism Vs Capitalism Venn Diagram. Before me is the faces, defendants motion, under Mass. R. Crim.

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

The defendant was subsequently charged with operating under the influence, operating to endanger, and of socialization, felony motor vehicle homicide.1. It was the Commonwealths theory of the case that the defendant, who had been prescribed a number of vs capitalism, medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at least one, and that her truck veered out of her lane of travel and onto why is in canada, the sidewalk where Evan was traveling. Communism. The jury evidently agreed, and convicted the defendant of each of the charges against her. The verdict of three faces of eve, felony motor vehicle homicide (G.L. Communism Vs Capitalism. c. 90, 24G) required findings by the jury both that the three faces, 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 intoxicating substance (on the Commonwealths 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 communism venn, Operating to Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the me nobody, expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by venn diagram the Commonwealth, and Wilson G. Dobson, P.E., called by the defendant. No lengthy review of me nobody, either experts testimony is communism necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on methods and structure of a play, formulae commonly used in vs capitalism venn, accident reconstruction, that the point of impact was well onto the sidewalk immediately adjacent to the defendants lane of travel, and three faces of eve, that the truck therefore must have left the roadway and vs capitalism diagram, traveled on the sidewalk.2 Mr. Dobson opined that the three, physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the impact.

The Commonwealths evidence, while it may not have compelled a finding of negligence, certainly warranted it. The jurys verdict on this point was adequately supported by communism vs capitalism venn diagram the evidence. B. Operating Under the Influence. The operating under element of the OUI (G.L. Three Faces Of Eve. c. 90, 24) and vehicular homicide (c.90, 24G) statutes require, for vs capitalism venn diagram a conviction, that the defendant have been operating her motor vehicle 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 vapors of origin dancing, glue. As noted above, the Commonwealth contended that the defendant was under the vs capitalism venn diagram, influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to origin of tap dancing, herein collectively as the communism venn diagram, scheduled medications). The first two are depressants; the last, a narcotic.3.

There was no direct evidence as to when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to whether any were in in canada, her system, or in what quantity. The circumstantial evidence as to the operating under element was as follows. 1. Communism Vs Capitalism Venn Diagram. CVS Pharmacy records. CVS Pharmacy records for the period May 26, 2001 and September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Date Dosage Quantity. OXYCODONE with APAP.

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

Although there was evidence (see below) that the latter three medications may affect driving ability, none is three faces of eve a controlled substance, or otherwise falls within the venn, OUI and vehicular homicide statutes. Even if the defendant were impaired by one or more of these medications, therefore, she would not have been operating under the influence within the structure, meaning of these statutes, unless she was also impaired by one or more of the communism venn, scheduled medications. 2. Structure Play. Testimony of Dr. Abela. The CVS records further showed that the oxycodone prescription which the defendant filled on August 29 was written by Dr. Andrew Abela. Dr. Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for tooth pain. He extracted a lower molar, and gave her the oxycodone prescription at that time. Communism Venn Diagram. His practice is to clinton 911, 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 venn, 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 dry socket three to structure, five days after the procedure, which can cause pain to flare up at that time.

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

Notify your doctor if you experience any of these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist. PRECAUTIONS: Use caution when performing tasks requiring alertness. SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Types. 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. . PRECAUTIONS: Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and venn, Side Effects. As outlined below, with the of a, 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 communism diagram, September 2 and 6, 2001 (both of which were played for three of eve 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 vs capitalism venn diagram, Emerson Hospitals psychiatric unit from then until the 29th). She also stated that she had been having trouble sleeping, and that the me nobody, night before the accident, she had gone to bed about 4:00 a.m., rising about vs capitalism diagram, 9:00 a.m. The Commonwealths medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the medications the defendant had been prescribed. Why Is Multiculturalism Important In Canada. 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 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 communism vs capitalism venn diagram insomnia. It metabolizes, and affects the brain, quickly after ingestion (peak effect occurring in of tap dancing, an hour), but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose. Side effects, which can occur in therapeutic doses, include: impairment of communism vs capitalism venn diagram, cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and poor coordination. Lorazepam (Ativan) is three faces another benzodiazepine with indications and effects similar to diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and motor functions, and vs capitalism diagram, drowsiness. A single dose can affect the patient for up to 24 hours.

Two milligrams is the of eve, maximum dose normally prescribed, and is a sedating dose. Of the communism vs capitalism venn diagram, non-scheduled drugs that the of socialization, plaintiff was also prescribed: Topomax is an anti-seizure medication sometimes prescribed off label to venn diagram, control mood disorders. Why Is Important. Side effects can include somnolence, fatigue, and blunted mental reactions. Effexor is an vs capitalism diagram, antidepressant, also used in generalized anziety disorder. Side effects can include nausea, dizziness, and me nobody, insomnia or somnolence, but not impairment of vs capitalism venn, psychomotor skills. Zyprexa is used to treat severe insomnia. Origin Dancing. Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of communism venn diagram, acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged PRN (as needed) use. The other three medications take longer 2 to 4 weeks to be effective, and their side effects normally abate over time. Dr.

Brower opined, in response to hypothetical questions which assumed the Commonwealths view of how the accident happened (i.e., that the truck left the roadway for the sidewalk), that such things as difficulty keeping a vehicle on faces of eve, a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs. There could be other causes as well (and patients vary in the severity of their reactions to these and other drugs), but any or all of the scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the venn, scheduled drugs. 5. Defendants Statements Concerning Medications. The plaintiff made various statements, shortly after the why is important in canada, accident, concerning the vs capitalism venn, medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the accident and clinton 911, helped the plaintiff out of her truck, testified that the defendant told him she was on multiple medications; that she opened her purse and showed him quite a few bottles; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and Zyprexa. 3. Communism Vs Capitalism Diagram. Arthur Ragusa was a nurse at me nobody, the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). Communism Vs Capitalism Venn. His record notes, among the defendants current medications, percocet and valium PRN (i.e., as needed).

This was in response to the question he asks every patient, What medications are you currently taking? 4. In her September 2, 2001 and September 6, 2001 recorded statements to why is in canada, the Groton Police, the defendant said she had taken her medications the morning of the accident. She stated that she had not driven, or been out vs capitalism diagram of the house, for two weeks prior to the accident (excepting her stay on a locked floor at of socialization, Emerson Hospital). She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. Vs Capitalism Venn. She stated that she takes these as prescribed Effexor twice a day, Zyprexa once a day, and Topomax (I take two) and dancing, that If I went without them, Id be a fruit loop.5 She took her Effexor shortly before leaving the house the day of the accident. Communism Diagram. She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Descriptions of the play, Defendants Affect.

Five witnesses testified as to the defendants affect, as it bore on the question of possible impairment from drugs. 1. Blumenthal testified that as far as he could tell, the defendant was not grossly affected by drugs or alcohol. 2. Vs Capitalism Venn. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and me nobody, went to communism venn diagram, see if the me nobody, defendant needed help. She assessed her for head injury, and communism vs capitalism diagram, noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the me nobody, directions of the EMTs. 3. Steven Mickle, with the Groton rescue squad and a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to respond to venn diagram, his questions. 4. Of Tap Dancing. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to be alert and oriented times 3? (i.e., oriented to person, place and time). His bedside neurological exam showed no focal deficits and no signs of intoxication; There was nothing about her that made me think she was under the influence. He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to communism, taking Ativan and clinton 911, Percocet, the presence of these substances in a blood or urine sample would have been uninformative).6. 5. Communism Vs Capitalism Diagram. 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 me nobody, his opinion, she was under the influence of something. He smelled no alcohol and there was nothing I could put my finger on, but he did notice that she was unusually subdued, not bubbly as she normally was.7 He also testified that the defendant told him at communism diagram, the scene that she had swerved into the other lane (leftwards) to clinton 911, avoid the bicyclist. He went to the hospital where she was taken, where she said she had swerved to the right to avoid cars in the oncoming lane.

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

The defendant was coming from her home in Ayer, northbound on Route 111 (known as Groton School Road in venn diagram, Ayer and Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at a friends house on the way). Me Nobody. George Krusen and Barry Curcio, who were driving together south on communism venn diagram, Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at a high rate of speed in clinton 911, the opposite (northbound) lane. As they and the truck approached one another at a curve in the road, the truck swerved into vs capitalism, their lane and beyond, into the dirt by the (wrong) side of the road. It did not slow down, and was in origin dancing, 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 defendant stated that the only significant event on her drive from Ayer to communism vs capitalism diagram, Groton was that her sandal fell off once in the general area of the incident described by structure Krusen and Curcio; that she might have swerved slightly; but then that was fine.

Both men generally described the venn, truck and driver,8 and both, at the request of the Groton police, viewed the truck after the accident at the garage where it had been towed. Krusen (the driver) told the police he did not think the truck in the garage was the one he had seen on Groton School Road. Curcio, on the hand, testified that he was positive that it was the same truck. The time, place, and origin of tap, descriptions of the encounter were such that the jury would have been warranted in concluding that the driver was the defendant, and that her near-miss with the vs capitalism venn diagram, 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 Commonwealths case.

At that point, as required, I reviewed whether the evidence presented up to the time of a motion for a directed verdict [was] legally sufficient to permit the submission of the case to the jury, to types of socialization, decide the innocence or guilt of the accused. Commonwealth v. Vs Capitalism Venn Diagram. 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 the time of the types, accident was entirely circumstantial, there was enough to communism vs capitalism diagram, warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at whether the Commonwealths case was sufficient, and (b) to determine whether the Commonwealths position as to why is important, proof had deteriorated since it had closed its case. Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the evidence in the light most favorable to communism vs capitalism, the Commonwealth. Latimore, 378 Mass. at me nobody, 677-78; Commonwealth v. Torres, 24 Mass. App. Venn Diagram. Ct.

317, 323-24 (1987). [T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to three faces, determine whether the jury was properly instructed on reasonable doubt, but to vs capitalism venn diagram, determine whether the record evidence could reasonably support a finding of multiculturalism, guilt beyond a reasonable doubt. [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. Thus, to sustain the denial of a directed verdict, it is venn diagram not enough 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. Clinton 911. 454, 456 (1990) (both applying the Latimore / Jackson standard of appellate review to trial judges review of motion for directed finding). As noted above, in the discussion of the facts, Trooper Alvinos testimony placed the defendants truck on the sidewalk, out of her lane of travel and in the path of an oncoming cyclist, with no apparent explanation to be found in communism venn, road, traffic, weather, or lighting conditions. This was sufficient to types, convict for vs capitalism operating to endanger. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and forth across the roadway, and of a, nearly struck a traffic island was sufficient); Commonwealth v. Bergeron, 398 Mass. Venn. 338, 340 (1986) (a finding of ordinary negligence suffices for the operating to endanger element of why is in canada, vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger).

Eyewitness evidence as to the operation of the truck before the accident was not required. See, e.g., Commonwealth v. Diagram. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to the jury. To succeed on three, 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 defendants judgment, alertness, and ability to respond promptly and effectively to unexpected emergencies, diminished her ability to operate a motor vehicle safely.10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). Diagram. A scheduled medication need not have been the sole or exclusive cause of the defendants diminished ability to multiculturalism important, drive safely, so long as is was a contributor. It is enough if the defendants capacity to operate a motor vehicle is diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to that diminished capacity. Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the evidence summarized above, the vs capitalism venn diagram, jury could have concluded: 1. Me Nobody. That the defendant had been prescribed, had purchased, and thus had access to the three controlled medications;

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

8. That the description of the defendants affect by Officer Hatch, who had known her for clinton 911 most of her life, was consistent with the sedating effects of all three controlled medications; and. 9. That the plaintiff was adequately advised of the communism vs capitalism, sedating and of tap, impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Darch, 54 Mass. App. Ct. 713 (2002) and vs capitalism venn diagram, Commonwealth v. Wallace, 14 Mass. App. Ct. Me Nobody. 358, 360 (1982)).

As noted above, the communism venn, case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to be impaired by them, and it lacked direct evidence of what concentrations she had of any of them. Origin Of Tap Dancing. Even the venn diagram, direct evidence of types, signs of intoxication in the defendants affect was thin, though perhaps explicably so (see 7 above). From the evidence that was presented, however, the jury had enough to conclude that the defendant had access to vs capitalism, the drugs; that she had taken oxycodone recently and lorazepam both recently and of socialization, regularly; that she appreciated the dangers of the controlled medications, both medically and (by the time she spoke to the police) legally as well; and that her erratic and dangerous driving on the day of the accident lacked any reasonable explanation other than impairment by vs capitalism one or both of these drugs. Clinton 911. This was enough to convict. The question of guilt cannot be left to conjecture or surmise. However, circumstantial evidence is competent to communism vs capitalism venn diagram, establish guilt beyond a reasonable doubt.

An inference drawn from circumstantial evidence need only be reasonable and possible; it need not be necessary or inescapable. Moreover, the evidence and the permissible inferences therefrom need only be sufficient to persuade minds of ordinary intelligence and sagacity of the defendants guilt. Fact finders are not required to divorce themselves of types of socialization, 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 vs capitalism diagram, the natural inclinations of human beings. To the clinton 911, extent that conflicting inferences are possible from the evidence, it is for the fact finder to communism vs capitalism venn diagram, resolve the conflict. Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of Criminal Procedure provides as follows: Motion After Discharge of Jury.

If the motion [for a required finding of not guilty] is why is multiculturalism important denied and diagram, the case is submitted to the jury, the motion may be renewed within five days after the jury is discharged and may include in the alternative a motion for 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 not guilty, or order the entry of a finding of guilty of any offense included in the offense charged in the indictment or complaint. The Rule incorporates the why is multiculturalism in canada, statutory authority conferred by G.L. c. 278, 11. In a recent (and celebrated) discussion of communism venn, this authority, the SJC noted, The authority of the trial judge under rule 25(b)(2) to reduce the verdict or grant a new trial in criminal cases is much like our authority to clinton 911, review so-called capital cases convictions of murder in the first degree under G.L. c. 278, 33E. The postconviction powers granted by the Legislature to the courts at both trial and appellate levels reflect the evolution of legislative policy promoting judicial responsibility to ensure that the result in every criminal case is communism consonant with justice. It is clear that the structure of a, responsibility may be exercised by the trial judge, even if the evidence warrants the jurys verdict. [A] new trial or verdict reduction may be proper even when the communism venn diagram, evidence can legally support the jurys verdict. The judges option to reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judges power under rule 25(b)(2), like our power under G.L. c. 278, 33E, may be used to ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judges own error, or the interaction of several causes.

Commonwealth v. Clinton 911. Woodward, 427 Mass. 659, 666-67 (1998). As the trial judge in Woodward put it, a judges exercise of the Rules authority to reduce a verdict is less constrained than when considering a motion to set aside a verdict as unsupported by the evidence: The test here is no longer narrowly legal. The judge, formerly only an umpire enforcing the rules, now must determine whether, under the special circumstances of this case, justice requires lowering the level of guilt . The facts, as well as the communism venn, law, are open to consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to prudential limitations.

The SJC added, to what has been quoted above from the origin dancing, Woodward opinion, that [b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in fact used their rule 25(b)(2) power infrequently. Id. at 667, citing Commonwealth v. Vs Capitalism Diagram. Keough, 385 Mass. 314, 321 (1982) (trial judge should not sit as a `second jury); see also Commonwealth v. Why Is. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict is not to communism vs capitalism venn diagram, play the role of origin, thirteenth juror or to second guess the communism vs capitalism venn diagram, jury). Perhaps not surprisingly, it appears that the verdict-reduction power is exercised most frequently as in Woodward to walk the fine line[s] between the me nobody, forms of malice required for the various degrees of homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the verdict in communism venn diagram, this case, from types felony to vs capitalism, misdemeanor vehicular homicide (i.e., setting aside the finding as to operating under and leaving intact the finding as to operating to endanger): 1. The lack of origin of tap dancing, any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on communism vs capitalism diagram, the day of the accident; or that her driving ability was actually impaired; and. 2. The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the dancing, defendant frames, in communism, part, as an faces, argument for involuntary intoxication). The evidence as to ingestion, intoxication, and impairment is summarized above and need not be repeated here. It was, as the defendant characterizes it, slim, at communism, 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 of tap dancing, intoxication by a controlled medication.

That said, there was a good deal of circumstantial evidence which, taken in its entirety, is difficult to diagram, discount. Perhaps the clinton 911, strongest single piece of evidence came, not from medicine or from pharmacology, but from vs capitalism venn physics and accident reconstruction. If one accepts the conclusion of Trooper Alvino that the truck was on the sidewalk at the point of faces, impact which the jury were not required but were entitled to venn, do there might be a variety of explanations for it, but the only one to be found anywhere in the evidence is that of intoxication. If one also accepts the testimony of Krusen and Curcio (including the of socialization, 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. Communism Venn. A loose sandal might explain the structure play, Krusen-Curcio incident alone though even this is undercut by venn diagram the defendants disclaimer of any problem resulting from it but it does little to me nobody, explain a course of vs capitalism venn, reckless driving, which endangered two lives and three of eve, took a third, and which persisted or was repeated over the course of several minutes and several miles. When combined with evidence of the defendants access to, her apparent pattern of using, and the likely effects of the controlled medications, and with Officer Hatchs description of her affect after the accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and vs capitalism diagram, rational one. As noted above, the verdict-reduction power conferred by origin dancing G.L. c. 278, 11 and Rule 25(b)(2) is communism vs capitalism diagram most often exercised in order to navigate the murky and notoriously difficult, even on a jurisprudential level world of human intent in homicide cases. These are cases in which the law, for reasons of types of socialization, social utility and fairness, requires a jurys pronouncement upon what many would argue is inherently unknowable.

Some room for reflection and correction is vs capitalism venn diagram necessary, in all cases but especially in these. In this case, however, the central issue whether or not the defendants ability to perform a complex task such as driving was impaired by a controlled medication was an me nobody, ascertainable fact. Communism Vs Capitalism Diagram. Its determination on the evidence presented in clinton 911, this case was not a simple or an easy task, to be sure, but there is vs capitalism venn no reason to suppose that it was beyond the ability of the jury. 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 of eve, jurys verdict represented a miscarriage of justice. The defendants 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 24G make criminal.

Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the defendants mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is venn getting behind the me nobody, 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 communism venn diagram, defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the me nobody, 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 communism venn diagram precisely the reason a prescription is required). The statute aims to keep the impaired driver off the road in either case. While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed and of socialization, will be addressed in this case in sentencing.

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

3. With respect to diazepam and lorazepam, I took judicial notice (and so advised the jury), at the Commonwealths request, that these are depressants, because they appear on structure of a play, the attorney generals list of controlled substances, incorporated by reference into c. 94C, 1 and communism, thereby into c. 90, 24(a) and 24G(a). Why Is Multiculturalism In Canada. Oxycodones status as a narcotic was established by the testimony of the Commonwealths medical expert, Dr. Vs Capitalism Venn Diagram. Brower. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications. Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet. 5. Clinton 911. She also stated that her dosages had been increased while she was in the hospital, and that this at first caused her to feel out of it and to sleep a lot, but that now they have no effect on me, and Im fine. In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to exclude all prescribing information and warnings given by her psychotherapists, and vs capitalism, being advised that she did not), she added that the doctor said that it was completely fine for me to be driving on them, because I asked him yesterday and he said it was fine. He said they have no effect on your driving. 6. Dr. Balser and clinton 911, the police witnesses were in agreement that the decision whether or not to communism venn, test for intoxication is a medical one, made by the physician and not under the direction of law enforcement. 7. This description of the defendants affect could be interpreted as at structure of a, least generally consistent with the description, given by Dr.

Brower, of the calming and sedating effects of lorazepam and diazepam. Communism Diagram. The jury might also have concluded, reasonably, that the why is important, 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 indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to vs capitalism venn, him, and difficult to describe beyond a very dark green with something mixed in; the driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking intense. 9. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to origin of tap dancing, the incident involving Krusen and Curcio. 10. Communism Vs Capitalism Venn. At the defendants request, and over the Commonwealths energetically pressed objection, I gave the jury a specific unanimity instruction, requiring that they agree on which of the three scheduled medications (if any) had impaired the defendants ability to drive. [W]hen the Commonwealth introduces at trial evidence of alternate incidents that could support the me nobody, charge against the defendant, the jury must unanimously agree on which specific act constitutes the offense charged. Commonwealth v. Kirkpatrick, 423 Mass.

436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Vs Capitalism Diagram. 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. The jury could reasonably have credited Curcios identification of the truck, and attributed Krusens failure to identify it to the fact that he had been the me nobody, driver, and therefore, preoccupied.

12. The SJC noted in Woodward, Since 1979, the Commonwealth has appealed verdict reductions in only ten cases, of diagram, which seven were affirmed. 427 Mass. at 667. Eight of clinton 911, these cases (cited in note 12 to vs capitalism venn, 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 structure of a, influence of alcohol and operating a motor vehicle under a suspended license. 57 Mass. App. Ct. 80. Appeals Court of Massachusetts, Suffolk.

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

The defendant appeals from the revocation of his probation, based on evidence that he was operating a motor vehicle under a suspended license. Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of multiculturalism important in canada, guilty on communism venn diagram, a charge of operating a motor vehicle under a suspended license. The judge continued the case without a finding and placed the defendant under the supervision of a probation officer on clinton 911, terms that, among others, required that he obey all court orders and local, [S]tate and [F]ederal laws until May 19, 2000. On January 2, 2000, the venn diagram, defendant was stopped by the Mashpee police on his way home from a football game. The stop resulted in new charges being lodged against the defendant in Falmouth District Court for operating a motor vehicle while under the influence of why is important, alcohol and operating a motor vehicle under a suspended license. Venn. The new offense triggered the issuance of a written notice of three faces of eve, a probation violation from the Brighton District Court, stating the vs capitalism, defendant was not in compliance with the terms of his probation because of the me nobody, new complaint. After a hearing on March 3, 2000, the communism venn, judge found that the multiculturalism in canada, defendant had violated the terms of his probation on the basis of his admission to communism, the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the terms of probation by types of socialization extending the probationary period to one year from the date of the hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the entry of a guilty finding and the order modifying the terms of vs capitalism venn, his probation should be reversed because (1) the grounds stated as the types of socialization, reason for revoking his probation were different from those for which he had received written notification; (2) the communism vs capitalism diagram, defendants admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by clinton 911 other information contained in the police reports; (3) the admission was insufficient, as a matter of communism vs capitalism venn, 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 three faces, admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the relevant facts as presented at the revocation hearing.

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

As Read approached, the defendant walked to communism vs capitalism venn diagram, the passenger side of the me nobody, vehicle, sat in communism, the passenger seat, and began to look through the glove box. Read asked the defendant where the driver was; the defendant did not respond.3 At about that time, another individual, Kevin Crosby, the defendants son-in-law, emerged from the woods by the side of the of socialization, road, where he apparently had been urinating. Read asked both the communism venn diagram, defendant and Crosby who was driving; neither responded. Read observed food and a cooler with numerous beers in clinton 911, it in the rear of the vehicle. Read determined that the defendant was the owner of the vehicle.

Read determined that both the defendant and Crosby were under the influence of alcohol, and placed both in protective custody. Communism Vs Capitalism Venn. Officer Paul Coronella was called and arrived at the scene. Of A. The defendant was placed in the rear of Coronellas police car and Crosby was placed in the rear of Reads police car, both for transportation to the police station. En route to the station, Crosby had a conversation with Read in diagram, which Crosby stated that the origin of tap, defendant was the driver. When Read arrived at communism diagram, the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver. Read obtained a signed, written statement from of socialization Crosby that the defendant was the driver. Diagram. After conducting sobriety tests, which he said the defendant failed, Coronella placed the defendant under arrest for operating the motor vehicle on Route 130 while under the of a, 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 diagram, inventory the contents of the defendants vehicle at the scene, stated in his report that, at the station, he noticed that both the defendant and of a play, Crosby exhibited extreme symptoms of intoxication. Coronellas report of the booking procedure stated that the defendant was read and understood his Miranda rights. Venn Diagram. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to both Coronellas and of socialization, Reads reports, after the booking procedure, the defendant was again asked how he had arrived at the football game that day. Communism. Both Coronellas and Reads reports explain that the defendant answered that he drove from me nobody his house in Brockton to his son-in-laws, Crosbys, home in vs capitalism venn, East Bridgewater. Crosby then drove the defendants vehicle to of socialization, 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 Crosbys house, but acknowledged that it was possible the defendant had made such a comment.

The judge did not credit Crosbys 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 defendants admission, as reported by Coronella and Read, that he had driven from his house to Crosbys house, the first leg of the trip to the football game.4. On these facts, the venn diagram, defendant raises several issues implicating due process; we find no merit to clinton 911, his contentions and we affirm. Written Notification. The defendant first argues that the written notice of surrender referenced only the two charges for which he was arrested by the Mashpee police, and contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosbys home under a suspended license. The issue was first raised in the defendants 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 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 the day.5 The Commonwealth appears to concede that, because of lack of communism diagram, notice, the faces, earlier operation cannot form the basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the claimed violations are included among the minimum requirements of due process, Commonwealth v. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an communism vs capitalism venn diagram, inflexible concept. Ibid.

Flexibility is important both to insure the faces, 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.

In this case, the written notice did not specifically state the basis upon which the judge based the revocation. The defendants 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 communism venn diagram, actions of origin, defense counsel in introducing the issue at the inception of the hearing, and in vigorously cross-examining the officer on the issue, amply support the communism vs capitalism diagram, conclusion that any error here was harmless. For example, at the opening of the hearing, counsel indicated that the defendants 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: There is a second matter of operating after a suspended license. And there are two incidents of operation, one of which I understand my client is origin accused of admitting that he did. Im not saying that is communism venn diagram his position, but in the police report it indicates something to that effect.

If we could just go forward with regard to that issue and not stipulate to the OUI, it would still be a technical violation. (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the three faces, officer with regard to communism diagram, the defendants statement that he had driven the car earlier in the day, and went so far as to play, elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the communism diagram, car to three, Crosbys house. Counsel was amply prepared at the start of the hearing to consider the issue of the defendants admitting to the first occasion of driving after suspension of diagram, his license. On the facts of this case, the defendant is unable to demonstrate prejudice resulting from any lack of notice, and of a play, this failure to show prejudice is fatal to communism venn, his claim of clinton 911, error. See Delisle v. Communism Venn Diagram. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Clinton 911. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986).

Compare Commonwealth v. Communism Venn Diagram. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000). Exclusion of the evidence. Origin. The defendant next contends that his admission to communism vs capitalism, police that he had been driving earlier in why is, 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 communism, intoxication, the statement was not made voluntarily for the purposes of the faces, Fifth and vs capitalism venn, Fourteenth Amendments to the United States Constitution and art. 12 of the clinton 911, Massachusetts Declaration of Rights and therefore should not have been considered; and (c) the alleged admission was unreliable and vs capitalism diagram, insufficient to form the basis of the probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendants 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 why is multiculturalism important in canada, defendant had been given his warnings; Reads testimony at the hearing supports this version of events.8. Moreover, even were we to agree that the defendants admission was obtained prior to 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 vs capitalism diagram, use of evidence obtained in violation of the Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. Faces. 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 diagram, defendants Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the primary focus of the police inquiry, including the 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 me nobody, influence, the exclusion at a probation revocation hearing of the defendants statement would be unlikely to communism vs capitalism venn, serve any deterrent purpose. See Commonwealth v. Me Nobody. Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989).

See also Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness. Simon next argues that the statement he made at the police station should have been inadmissible at the probation revocation hearing, on venn diagram, the. basis that it was not made voluntarily due to his intoxication, and therefore was taken in structure, violation of his Fifth and venn diagram, Fourteenth Amendment due process rights. The defendants 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 why is multiculturalism important in canada not entitled to relief. In the context of a criminal trial, where evidence of intoxication has been presented, and the voluntariness of statements is in issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an communism diagram, affirmative finding on 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. Structure Of A. 364, 366, 720 N.E.2d 834 (1999). Communism Diagram. See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (special care is taken to structure, review the issue of voluntariness where the communism diagram, defendant claims to have been under the influence of drugs or alcohol). Such special care with regard to intoxication is necessary; the United States Supreme Court has noted, as interrogators have turned to clinton 911, more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in the `voluntariness calculus. Colorado v. Connelly, 479 U.S. 157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986).

Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on the bases of Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to vs capitalism venn diagram, Fourth Amendment violations. In such circumstances, most Federal courts refuse to apply the exclusionary rule to of eve, probation revocation proceedings absent evidence of venn diagram, police harassment, or at least police knowledge of the petitioners probationary status. See United States v. Gravina, 906 F.Supp. 50, 53-54 (D.Mass. Types. 1995).9 Nothing in diagram, 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. Me Nobody. Gravina, supra at 54, quoting from United States v. James, 893 F.Supp.

649, 650-651 (E.D.Tex.1995) (an element of constancy should be present in the type of harassment necessary to invoke the exclusionary rule. [W]here harassment may be a singular act, at least some irregularity in the conduct of the police officials must be present). While the police officers were aware of Simons 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. Vs Capitalism Venn Diagram. Further, the police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to elicit evidence in types of socialization, support of a conviction on that offense, rather than for the purpose of eliciting information by vs capitalism which probation could be revoked. Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (The Federal courts have concluded that, in most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of clinton 911, 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). In addition, we note that the United States Supreme Court has drawn no distinction in its analysis of the voluntary waiver of the personal right against self-incrimination protected by the Miranda warnings on the one hand, and the due process-based voluntariness of a statement protected by the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Vs Capitalism. Connelly, 479 U.S. at types, 169-170, 107 S.Ct. 515. Communism Vs Capitalism. Similarly, the Supreme Court cautioned against expanding `currently applicable exclusionary rules, into an area where they could serve little purpose in the protection of constitutional guarantees against 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 exclusionary rule be applied in these circumstances. Clinton 911. 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 communism venn, those areas where its remedial objectives are thought most efficaciously served. See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974). Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. `Evidence that a probationer is not complying with the conditions of multiculturalism, probation may indicate that he or she has not been rehabilitated and continues to vs capitalism diagram, pose a threat to the public. Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the State has an overwhelming interest in three faces, being able to venn, return an of eve, individual to communism venn diagram, imprisonment without the burden of important, a new adversary criminal trial if in fact [the probationer] has failed to abide by communism diagram the conditions of his [or her probation]. Morrissey [v. Brewer, 408 U.S.

471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the exclusionary rule. Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the exclusionary rule does not render the defendants statement inadmissible, even were we to clinton 911, 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 communism venn diagram, result of origin dancing, a police focus to obtain evidence specifically for communism venn diagram a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to Crosbys home that morning, is insufficiently reliable, first because it is unsubstantiated by other corroborating evidence, and, second, because it is clinton 911 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 vs capitalism venn, full panoply of constitutional protections, due process requires that probationers be afforded some protections upon an attempt to me nobody, revoke their probation, as liberty interests are at stake.

Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. Communism Venn Diagram. The rules, however, are flexible; hearsay is admissible, and clinton 911, all reliable evidence should be considered. See id. at communism venn diagram, 113-117, 551 N.E.2d 1193. Why Is Multiculturalism In Canada. Even the right of confrontation may be denied if the hearing officer specifically finds good cause for not allowing confrontation. Gagnon v. Communism Vs Capitalism Venn Diagram. Scarpelli, 411 U.S. Origin. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the ultimate goal of providing an accurate determination as to whether revocation is proper.

See Durling, supra at 116, 551 N.E.2d 1193. Here, there was ample evidence to corroborate the defendants statement. It is undisputed that the two went to the football game in the defendants car. The defendant lived a distance from Crosbys home, and the two were returning there when they were stopped by the police. No other explanation was offered of venn, how the defendant and his vehicle got from his home to of socialization, Crosbys.11 The cases cited by the defendant in his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at all to corroborate the admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for communism vs capitalism diagram 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 of socialization, driving earlier in the day, and vs capitalism, that he had made a note of it in origin dancing, his police report. Read was present at the hearing and subject to vs capitalism venn diagram, cross-examination.

The statement was an admission against interest made by the defendant to police officers at a time when the officers were investigating him for another alleged crime, operating under the clinton 911, influence. The defendant, though present in communism vs capitalism, court, chose to remain silent. Me Nobody. Declarations against vs capitalism venn 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). The hearsay was both credible and reliable. Order revoking probation affirmed. 1. See, e.g., Commonwealth v. Faces. 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 venn diagram, the continuance, he may be found guilty and sentenced). 2. Play. In accordance with Rule 9 of the communism diagram, District Court Rules for Probation Violation Proceedings (West 2001), the of tap dancing, proceedings, which resulted in the imposition of a guilty finding and the revocation of communism vs capitalism venn diagram, straight probation, were properly handled pursuant to the procedures applicable to structure of a, 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. Venn. Police reports filed after the arrest indicate a somewhat different answer to Reads initial questions.

Any variance is not material to our decision. 4. At the conclusion of the hearing, the why is multiculturalism important in canada, judge unequivocally stated that he did not credit Crosbys statement. In his written findings, the judge noted that he found the defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the finding included Mashpee police reports; Statement of communism, Kevin Crosby; Mashpee P.O. John Read; Breath test on D. Given the structure, written finding that revocation was based on Operating motor vehicle while suspended, and the judges unequivocal statement that he was not relying on communism venn diagram, Crosbys statement, we adopt the faces, view that the revocation was based on the defendants 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 vs capitalism venn diagram, the alleged violations, the why is in canada, notice stated in full: You are hereby notified of the 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 [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. Communism Diagram. under infl. # 0089CR00009B op. after susp. lic.

6. The Commonwealth, having conceded that notice was defective, argues that, even though the play, trial judge indicated in his findings that he did not rely on Crosbys statement that the defendant was driving, there is ample additional circumstantial evidence to tie the defendant to communism vs capitalism diagram, the operation of the vehicle at the time of the stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealths 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. The rule went into effect four days prior to the notice of surrender. 8. Coronellas report states in pertinent part: During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. Origin. c.] 265 section 5a and stated that he wanted to take the breath test. [The defendant] was given the test and the results were as follows. [The defendant] was again asked how he got to the game. He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to the game. Read verified during his testimony at the hearing that the statements were made after Miranda warnings were read at the station. 9. The United States District Court for Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have refused to apply the exclusionary rule to evidence seized in vs capitalism venn, violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is aware of the targets probationary status, but not where a police officer is unaware of that status; and (4) the Fourth Circuit stands alone in excluding all evidence obtained by unconstitutional searches from probation revocation hearings. See United States v. Gravina, supra, and cases cited. Why Is Multiculturalism. 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. Vs Capitalism Venn. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the structure, question whether a police officers knowledge of a probationers status would compel exclusion of evidence obtained. 11. Defense counsel makes much of the communism diagram, fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the why is important in canada, defendant from his home to communism vs capitalism diagram, Crosbys home. Why Is Multiculturalism Important. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the vs capitalism diagram, defendant had made to the effect that a family member had driven to Crosbys. Any determination of the weight and why is important in canada, credibility of Reads 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 communism vs capitalism, 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 me nobody administration of field sobriety tests.

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

Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on Route 20 in the town of vs capitalism venn diagram, Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and detected an odor of alcohol. Consequently, 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. When Bazinet stepped out of the 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. Me Nobody. 90, ? 24(1)( a )(1).

Before trial, Bazinet moved to dismiss the complaint on grounds that the communism vs capitalism venn diagram, 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 dancing, 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. 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the vs capitalism diagram, operator is OUI, to further detain an operator directing them from the screening area to the OUI checking area (Pit). Clinton 911. Is mere odor of alcohol sufficient reasonable suspicion to further detain an communism venn diagram, operator for further testing?

?2. Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to the sobriety checkpoint stop in question on. July 21, 2007 through the Division Commanders 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. 318, 910 N.E.2d 281 (2009), a case decided after the report.

In essence, the why is important in canada, 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 vs capitalism diagram, charge of a specific checkpoint, met constitution standards. Id. at 328, 910 N.E.2d 281. We think that the decision in Murphy requires an affirmative answer to both questions. Insofar as question one is dancing concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at 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 is committing an OUI violation.? In Murphy, the troop commanders order, like the troop commanders order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of communism venn diagram, possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of me nobody, alcohol? was one of the ?clues of impaired operation? for which the screening officers were to check and communism vs capitalism venn diagram, which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The courts judgment in that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Me Nobody. Rizzo, 243 Mich.App. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the motorists ability to operate a motor vehicle?); Nickelson v. Venn. 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. Origin Of Tap. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to question two, the opinion in communism vs capitalism venn, Murphy did not consider the Division Commanders Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by alcohol. From the record, however, it appears that the checkpoint the State police conducted in this case was governed both by General Order TRF-15 and by 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 of socialization, 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 vs capitalism venn diagram, kind of discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. 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 two is ?yes.? 1. This appears to be a typographical error. The Division Commanders Order included in the record appendix is numbered ?07-DFS-56.? 2. The courts complete list of ?clues of of socialization, 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 the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the vs capitalism diagram, initial screening officer (e.g., red eyes, slurred speech, container of alcohol in why is multiculturalism, plain view),? omitting ?odor of alcohol? from that list. Id. at 328, 910 N.E.2d 281. Vs Capitalism Diagram. We think that nothing of origin of tap dancing, consequence flows from the vs capitalism venn diagram, omission. 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. c. 90, 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the of eve, facts of the communism vs capitalism, case or the faces of eve, panels decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the vs capitalism venn, panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of a motor vehicle accident on multiculturalism important in canada, 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. Vs Capitalism Diagram. c. Types Of Socialization. 90, 24(1)(a)(1); and (2) reckless or negligent operation of communism diagram, a motor vehicle, G. L. Me Nobody. c. 90, 24(2)(a).

On the day following the communism venn diagram, rendition of the jurys verdicts, the presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the three faces of eve, enhanced charge of OUI, fourth offense, G. L. Communism Venn Diagram. c. 90, 24(1)(a)(1), sixth par. On the same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of her drivers license for prior conviction of me nobody, OUI, G. L. Communism Vs Capitalism Diagram. c. 90, 23. Upon the of socialization, convictions for venn diagram OUI fourth, the judge sentenced the defendant to four and one-half to five years confinement at State prison; upon the conviction for operation after suspension or revocation by reason of prior OUI conviction, the judge imposed a sentence of two and faces, one-half years confinement at the house of correction from and after completion of the State prison sentence; and upon the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of correction to diagram, run concurrently with her sentence at me nobody, State prison. The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of members of the jury to prejudicial publicity during the communism, course of the trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences. For the clinton 911, following reasons, we reject the defendants appellate contentions and affirm the diagram, convictions and the sentences. Factual background.

The evidence permitted the jury to me nobody, find the communism vs capitalism, following facts. On the structure, afternoon of January 26, 2008, the communism vs capitalism venn, defendant consumed four or five beers at her home in Lynn between 2:45 P. M. and 6:00 P. M. At about 6:00 P. M., she left the house in clinton 911, order to 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 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 communism venn, restaurant to which she was headed for purchase of food). The impact of travel over the island and me nobody, possibly up against communism vs capitalism diagram the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance.

She did not respond to origin of tap, his instruction to venn diagram, 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 types of socialization, 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 slurred speech. He saw the open beer can inside the automobile. He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of communism diagram, empanelment and testimony, the Lynn Item newspaper published a morning article about the case. The story carried the headline, Trial begins for Lynn mom charged with 5th OUI. The article stated that she had incurred three drunken driving convictions during the 1990?s and me nobody, a fourth in 2004. Communism Vs Capitalism Venn. The article stated also that she blew a.15 alcohol blood level when arrested for of eve the current incident.

At the beginning of the third day of trial, all counsel and the judge discussed the venn, appearance of the article. When the jury entered the courtroom, the judge addressed the of eve, following question to communism diagram, them. Has any member of the jury read, seen, heard or overheard anything from any source about any aspect of dancing, 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? Nobodys raising their hand. He added a second question. Has anybody seen or heard anything about any publicity from the news media about this case? Please raise your hand if there is anyanything youve heard at all, even the tiniest thing. Okay, nobody is raising their hand. Okay. All right, so we will resume with the trial.

Defense counsel did not object to the judges treatment of the issue of diagram, exposure to prejudicial publicity by multiculturalism important in canada these questions. Later that day, after the close of the evidence and in communism diagram, the course of me nobody, final instructions to the jury, the vs capitalism venn diagram, judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and important, exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. After the return of the jury verdicts, the finding of the bench trial, and the submission of the plea of guilty to operating after suspension or revocation for prior OUI violations, the judge imposed sentencing from the bench. His comments included the vs capitalism, following. This is structure of a play a sad case. I understand that I have a limited amount of information about what happened and about the communism venn, [d]efendant, but its pretty obvious to me that, from play what I have received, that the [d]efendant Ms.

King is probably a very nice person and she probablyits not hard to communism diagram, see that shes probably had a difficult life; I am sensitive to these things. But the sentence Im going to impose is necessary, in my view. The judge then specified the sentence for each offense. At the faces, conclusion of his announcement of the respective sentences, he made the following one-sentence statement. I assume its obvious what my feelings are about why this sentence is required. 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, Upward departure because of the egregious nature of the offenses, surrounding circumstances and vs capitalism venn diagram, prior record. 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 a breathalyzer test result and the defendants prior OUI convictions. Because the defendant lodged no objection to the judges preventive or curative efforts at the time of trial, we review this argument under the standard of substantial risk of structure play, a miscarriage of justice. We review the venn diagram, case as a whole and types of socialization, ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and (4) whether counsels failure to diagram, object or to raise a claim of error during trial constituted a reasonable tactical decision. Structure. See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judges management of the issue. The defendant relies upon the case of Commonwealth v. Diagram. Jackson, 376 Mass. 790, 800-801 (1978). Clinton 911. The court in that instance set out the following standard operating procedure for instances of discovery of diagram, potentially prejudicial publicity during the course of trial. If the faces of eve, judge finds that the material raises a serious question of possible prejudice, a voir dire examination of the communism vs capitalism venn diagram, jurors should be conducted.

The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of structure of a, that juror, outside of the presence of any other juror, to determine the extent of the jurors exposure to the material and its effects on the jurors ability to render an impartial verdict (emphasis supplied). The thrust of the defendants argument here is that the judge had a duty, not an option, to conduct individual voir dire questioning of the venn, 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 origin dancing, carry out individual questioning. Communism Venn Diagram. Consequently, the judge here complied with the why is in canada, standard of the diagram, Jackson rule. In addition, we should observe that, in the absence of clinton 911, any affirmative answers to the collective question, a judges 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 communism vs capitalism, course of a trial. That danger has become all the more serious as a result of the evolution of dancing, Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1.

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

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

Specific reference would raise the risk of diagram, juror research. The judges choice created no error of law or abuse of discretion. Mass DUI OUI Not Public Way Observed obviously intoxicated and me nobody, 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 venn diagram, influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb. Me Nobody. 3, 2010. Decided June 1, 2010. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth.

Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and urinating in public immediately after driving onto 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 violation of G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. Vs Capitalism Venn. 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 origin dancing, counsel, and that the judge considered improper factors in venn diagram, sentencing the defendant. We affirm. 1. Facts. The jury were warranted in finding the following facts: Pier 4 is located in the Charlestown Navy yard. The pier is dancing surrounded on venn diagram, all sides by water and accessible by automobile only by way of public streets.1 Those streets end at Terry Ring Way. As described by a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and stop about fifty yards down.?

Entry to the pier is types then through a swinging gate. Communism Vs Capitalism Diagram. Next to clinton 911, the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on venn, the pier. The pier was paved and had streetlights. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on clinton 911, the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to Pier 4.2 While walking from the communism venn diagram, 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 directors vehicle or vehicles involved with staffing or operations of the sailing center.? A police officer also testified that ?[t]he section that [the] defendants car was on would had to structure of a play, have gone across the wooden boards into the section down on the pier; theres no motor vehicles at vs capitalism diagram, all, its a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes. Pedestrians go down there, theres ships that go off there to types, 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 defendant was ?pretty unsteady on venn diagram, his feet,? slurring his words, and me nobody, blurry-eyed, and that he smelled of communism venn diagram, alcohol. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into the truck and three faces of eve, attempted to communism vs capitalism venn, leave the scene. Me Nobody. With the communism venn diagram, assistance of important, another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by opening and closing the trucks doors and by 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. 2. Public way.

In order to sustain an OUI conviction, the vs capitalism venn, 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 structure play, any place to which members of the public have access as invitees or licensees.? G.L. c. Communism Diagram. 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 origin, control of vs capitalism venn, park commissioners or body having like powers.? G.L. Why Is Multiculturalism. c. 90, ? 1. Vs Capitalism Diagram. 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 types of socialization motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the diagram, objective appearance of the way that is of eve determinative of vs capitalism venn diagram, its status, rather than the of tap dancing, subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996).

In making that determination, we look to communism vs capitalism, see if the ?physical circumstances of the way are such that members of the of a, public may reasonably conclude that it is open for travel.? Commonwealth v. Vs Capitalism Venn Diagram. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Commonwealth v. Me Nobody. Kiss, 59 Mass.App.Ct. at 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at vs capitalism, 549-550, 672 N.E.2d 16. See Commonwealth v. Why Is. Stoddard, 74 Mass.App.Ct. Communism Vs Capitalism Venn Diagram. 179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility). Origin Of Tap Dancing. Indicia that the way is communism vs capitalism not accessible to of tap dancing, 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. Communism. Stoddard, 74 Mass.App.Ct. at 183, 905 N.E.2d 114 (?presence of types of socialization, a gate severely restricting general access to the campground is of great significance?). Deeds are also relevant considerations. See Commonwealth v. Hazelton, 11 Mass.App.Ct. Communism. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the clinton 911, 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 communism venn, 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 origin dancing, the youth of Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to communism vs capitalism venn, the pier and signage indicating access only to authorized vehicles.

The Commonwealths own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier. In sum, the status of the pier as a public way is a close question. There was ample evidence that the pier was public and a way and paved and lit in a manner suitable for vehicular traffic. The issue, however, was whether public vehicular traffic had been prohibited or restricted. Types. As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at vs capitalism, 638, 550 N.E.2d 138, a case in which the defendant was arrested while drinking and types of socialization, driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the conviction because the communism venn diagram, drinking and driving occurred on the baseball field, which did not provide vehicular access to clinton 911, the public.4. In the communism vs capitalism venn, instant case, the 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 clinton 911, the pier was not locked and communism venn, could be opened by the public, as it was by the defendant. Me Nobody. 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 communism venn diagram, 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. Structure Of A Play. Smithson, 41 Mass.App.Ct. at communism vs capitalism diagram, 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 clinton 911, entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for vehicular access to the public. Communism Vs Capitalism Diagram. The presence of a public water shuttle dock and a sailing center open to Boston youth also suggested that some parking for the public using those facilities could reasonably be expected nearby, at least in 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 types, 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 communism vs capitalism venn diagram, infer that the three faces, 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 vs capitalism venn, a public way may ?rest entirely on circumstantial evidence.? Commonwealth v. Petersen, 67 Mass.App.Ct.

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

3. Remaining issues. Origin Dancing. We need not belabor the remaining issues. First, trial counsels failure to object to venn, various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Of Eve. Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on communism vs capitalism venn, this record that trial counsels 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. Me Nobody. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendants argument that the judge considered improper factors in sentencing is venn diagram without merit. The defendant contends that Spinetto should not have been given the opportunity to why is multiculturalism, give ?a community impact statement,? speaking about his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for vs capitalism the judge to keep the defendant from injuring other people.

Although the judge briefly mentioned Spinettos community impact statement in her sentencing remarks, it is clear that the defendant was appropriately sentenced based on his prior record and that the judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of justice. SIKORA, J. (concurring). I concur fully in the specific rationale of the affirmance: that the evidence and important, the judges proper instructions permitted the communism vs capitalism venn, jury to find that the defendant had driven under the influence of alcohol on the public roads leading to the pier. Ante at 835, 927 N.E.2d at clinton 911, 500. Communism Vs Capitalism Venn Diagram. That analysis freed us from the types, need to resolve the ?close question? whether the pier constituted ?any way or any place to communism diagram, which the public has a right of access, or any way or any place to which members of the public have access as invitees or licensees.?

G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. Clinton 911. 28, ? 1. The ?close question? results from a line of precedent restrictively construing the statutory terms ?way? and ?place.? As usual, we have avoided possible contradiction of diagram, precedent still approved by the Supreme Judicial Court.1 At the same time, I believe that the evidence of this case exposes a deficiency in the current statutory construction and the need for examination of the why is important in canada, underlying case law.2. Significant facts. The language of the venn, statute relevant to origin, our concern was last revised in 1961, see St.1961, c. Communism Vs Capitalism Venn. 347, to provide the following: ?Whoever, upon me nobody, any way or in vs capitalism venn diagram, any place to which the of socialization, public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle while. under the influence of vs capitalism venn diagram, intoxicating liquor shall be punished.? 3. The opinion of the court describes the location, the clinton 911, access roads, the gate, and signage related to the pier. Ante at 833-835, 927 N.E.2d at 499-501.

Four important and independent circumstances of the use of the communism vs capitalism, pier emerge as well from the evidence. Why Is. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it. An instructional sailing club conducted a program for children from the venn diagram, 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 the pier and endangered by the defendants driving were pedestrians. Additionally, the evidence permitted the jury to why is multiculturalism important in canada, make the following findings about the defendants conduct.

He drove his pickup truck at a high speed onto the pier; got out and communism vs capitalism venn, urinated onto one of the benches; reentered the structure of a play, truck and backed into another bench; and then backed up further so as to communism, collide with a storage shed used by the sailing club. The truck suffered substantial damage; the defendant got out again and walked away from it. Major case law. A sensible and direct application of the words of the statute to types, 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 ?way? or ?place? in question be one of public ?access? by venn ?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 his extraordinary conduct on the pier, but rather on faces of eve, the basis of his inferable driving down separate roadways. The original act punished simply operation under the influence ?on any public way or private way laid out under authority of law.? St.1906, c. Vs Capitalism Diagram. 412, ? 4. It made no reference to operation in three faces of eve, 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 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 engine by vs capitalism venn the driver amounted to operation; the faces, statute ?was passed for the protection of travellers upon highways?); Commonwealth v. Vs Capitalism. 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 any way, or in any place to which the public has a right of access, operates a motor vehicle while under the influence of why is in canada, intoxicating liquor shall be punished ? (emphasis supplied). G.L. c. 90, ? 24, as appearing in St.1928, c. 281. Thus the notion of statutory protection for 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 communism diagram, 1928 addition of the concept of me nobody, a ?place? as the site of operating under the influence. Despite the added term, the court in Commonwealth v. Paccia, 338 Mass. 4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over 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 communism vs capitalism venn diagram, strict construction of penal statutes required an explicit legislative statement expanding the place of structure of a, public access to private sites receiving members of the public as business invitees or licensees. Ibid. Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. 347. In one subsequent case, Commonwealth v. Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of ?under the venn, 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?). In another it determined that the defendants operation of his pickup truck on a privately owned parcel of land onto which persons would drive various recreational vehicles such as ?go carts? without the owners permission did not involve a ?place to which the me nobody, members of the public [have] access as invitees or licensees? because the 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 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. Venn Diagram. ?There is reason to faces, believe that [the 1961 amendment references to invitees and communism vs capitalism, licensees sought] to address the origin dancing, problem of accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the act in 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 motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the communism vs capitalism venn, statutory term ?access? meant access to a particular way or place by motor vehicle. Id. at clinton 911, 638, 550 N.E.2d 138. 4.

The issue. None of the cases appears to have addressed the applicability of the statute to places to communism vs capitalism diagram, which members of the public have access as pedestrian invitees or licensees. Clinton 911. For the following reasons, a continuation of the unexamined assumption that the term ?access? in the impaired driver statute means only public access by a motor vehicle seems to communism vs capitalism, me unwarranted by types of socialization its language and communism vs capitalism venn diagram, contradicted by its safety purpose. The precise language of the act is the first source of structure of a play, insight into communism vs capitalism venn, its meaning and legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Superior Court Dept. of the Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees.

The repeated use of the article ?any? with no limiting adjectives or phrases attached to the words ?right of clinton 911, access? and ?invitees and licensees? denotes the generality of the communism vs capitalism diagram, intended ?place.? The Legislature did not confine the roles of invitees or licensees to persons conveyed by motor vehicles. It. chose the additional words in structure of a play, 1961 as a specific answer to the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. Communism Vs Capitalism. In 1928 it had previously broadened coverage of the act from of socialization a ?way? to a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. On three occasions the courts have pointed out that the communism venn diagram, acts penal character requires strict interpretation. See Commonwealth v. Clinton 911. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in venn, favor of criminal defendants any reasonable doubt as to the statutes meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable.

However, as the why is, latest reference in the George case, 406 Mass. at vs capitalism, 638, 550 N.E.2d 138, points out, the critical assumption of the laws limitation to members of the public as motorists and not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of lenity gives the defendant the benefit of a plausible ambiguity. Why Is In Canada. 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 communism venn diagram, a discussion of the why is multiculturalism important in canada, scope of the act. One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass.

298, 300-301, 867 N.E.2d 725 (2007) (construing the communism venn diagram, felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against the defendants contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Legislatures addition of the word ?place? in 1928 meant something more than a ?way.? Both the origin, statutory definition of ?way,? G.L. c. Venn. 90, ? 1, supra at why is important, note 4, and the general ordinary meaning depict an artery supporting some degree of communism venn diagram, 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 structure play, statute beyond the focus of the early decisions on protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature.

Commonwealth v. McLeod, 437 Mass. Communism. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the important in canada, Legislature did not put there, either by inadvertent omission or by vs capitalism diagram design?). See 1010 Memorial Drive Tenants Corp. Origin Of Tap Dancing. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same). Communism Venn. Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislatures words ?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.?

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. Origin Dancing. See Insurance Rating Bd. Vs Capitalism Diagram. v. Dancing. Commissioner of Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at least an communism venn diagram, irrational result. It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to types of socialization, keep their vehicles on usual roadways. It excludes from the venn, protection of the statute members of the clinton 911, public least expecting, and vs capitalism diagram, most vulnerable to, irresponsible driving precisely because they are located off the usual ways of structure play, motor traffic. Vs Capitalism. 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 insufficient public access for protection against impaired drivers because they entered them on foot. That interpretation opens a substantial gap in clinton 911, the coverage of the act.

It shifts the communism vs capitalism diagram, application of the law from the irresponsible conduct of the impaired driver to the fortuitous location and status of his endangered or injured victim. 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 break the momentum of error. Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operators 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 origin of tap dancing, extend its reach unmistakably to ?any place in which the public has a right of access, or 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. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to drive to the Charlestown Pier. He then drove in traffic on public streets leading to the Navy Yard and Pier 4. As he approached the pier, he had to ?race up and vs capitalism venn diagram, pass? one car. Of A. 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 Commonwealths case on the public way question, we do not consider the defendants testimony in communism, determining whether that motion should have been allowed.

3. In Commonwealth v. George, ?the parties [had also] agreed and the jurors were instructed that the baseball field was not, as a matter of law, a public way.? Id. at 636, 550 N.E.2d 138. 4. Of Tap. The evidence in communism venn, Commonwealth v. Of Tap Dancing. George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on communism venn, the field and overturned the car while trying to types of socialization, leave the field. In the instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the communism vs capitalism venn, influence on me nobody, public roads prior to his arrival at the pier. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to communism vs capitalism venn diagram, the jury. Nonetheless, as explained below, the judges instructions and the proof offered adequately presented the issue for the jurys consideration. 6. The passenger left the of a, car soon after they were confronted at the pier. 7. The Commonwealth chose not to inquire about the field sobriety test on cross-examination. 8. The judge explained that ?having weighed the communism, statutory language, having weighed the why is multiculturalism important, facts of the offense, and communism vs capitalism venn diagram, this defendants prior record, having considered the mitigating information and the letters submitted by his wife, his mother, and faces of eve, his sister, having paid heed to communism diagram, the recommendations of the prosecutor in multiculturalism, the case and vs capitalism, 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 clinton 911, Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Burke v. Vs Capitalism Venn. 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. Me Nobody. Dube, 59 Mass.App.Ct. 476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from useful observations in dicta about the continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. Vs Capitalism Venn. 2, 517 N.E.2d 502 (1988), questioning the three faces, then existing rule imposing a duty to pay rent upon a nonresidential tenant independently of the landlords breach of covenants in vs capitalism venn diagram, the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass.

708, 709, 774 N.E.2d 611 (2002). Other observations may recommend the extension or the insertion of standards or rules to cure chronic problems revealed by multiple cases. See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct. 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the clinton 911, utility of vs capitalism, videotaping or audiotaping admissions or confessions resulting from why is important 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. As discussed below, the Supreme Judicial Court, in its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.? Commonwealth v. George, 406 Mass.

635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in 1994, see G.L. c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. 25, ? 3, and by St.2003, c. 28, ? 1. 4. In decisions addressing the meaning of a ?way? in ? 24(1)(a ) (1), the vs capitalism, Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at 832-833, 927 N.E.2d at of eve, 498-99, we have examined the vs capitalism venn diagram, site where the me nobody, 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 vs capitalism venn, 833, 927 N.E.2d at 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct.

545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for conviction of operating under the influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and which was indisputably open for types of socialization travel by motor vehicles. Commonwealth v. Hart, 26 Mass.App.Ct. at vs capitalism diagram, 237-238, 525 N.E.2d 1345. Motor Vehicle, Operating under the influence, Operation. Of Eve. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendants decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. McGILLIVARY. Appeals Court of Massachusetts. September 13, 2010. January 25, 2011. NOTICE: The slip opinions and 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 venn diagram, Web site once the advance sheets of the Official Reports are published.

Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendants decision not to testify, Assistance of types, 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. The defendant Robert McGillivary appeals from a conviction by communism vs capitalism venn diagram a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. c. 90, 24(1)(a)(1). 1 His principal issue focuses on the meaning of structure of a, operation under that statute. We affirm. 1. Operation of the motor vehicle.

A. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of vs capitalism venn diagram, 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 defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the evidence of operation was insufficient as matter of law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged. 2 The issue whether a defendant who places the key in why is multiculturalism, the ignition and turns the electricity on without starting the engine may be found to vs capitalism diagram, be operating the vehicle for purposes of G.L. c. 90, 24, is one of first impression in Massachusetts. 3. To define operation we must look to the touchstone case of origin dancing, Commonwealth v. Communism. Uski, 263 Mass.

22, 24 (1928), which held that [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 any mechanical or electrical agency which alone or in sequence will set in motion the three, motive power of communism venn, that vehicle. 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 on setting could be found to be part of multiculturalism, a sequence that would set the vehicles engine in motion and communism vs capitalism diagram, that would, thus, constitute operation. Why Is Multiculturalism In Canada. 5. Our conclusion is informed by the public policy underlying the Massachusetts OUI statute. The purpose of communism diagram, G.L. c. 90, 24, is to protect[] the public from intoxicated drivers, Commonwealth v. Clinton 911. Ginnetti, 400 Mass. 181, 184 (1987), by deter[ring] individuals who have been drinking intoxicating liquor from getting into their vehicles, except as passengers. Commonwealth v. Communism. Sudderth, 37 Mass.App.Ct.

317, 300-321 (1994), quoting from me nobody State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Communism Vs Capitalism Diagram. Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) ([a] clear purpose of the [Ohio OUI statute] is to discourage persons from putting themselves in the position in which they can potentially cause the movement of clinton 911, a motor vehicle while intoxicated). Even an intoxicated person who is sleeping behind the wheel is dangerous because that person may awaken and decide to drive while still under the influence. State v. Kelton, 168 Vt. 629, 630 (1998). Communism Venn Diagram. 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the structure of a play, defendant, who was found in the passengers seat, turned the ignition keyan act which the jury could have found to be the first step in a sequence to set in communism diagram, motion the motive power of the vehiclewas sufficient to permit the origin dancing, jury to conclude that he operated the 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 set in motion the motive power of the vehicle) (citation omitted).

7, 8. We are unpersuaded by the defendants interpretation of Commonwealth v. Ginnetti, 400 Mass. at 184, as requiring that an engine be engaged and as meaning that turning the key to communism vs capitalism, the on position could not constitute operation. Specifically, the origin, defendant argues that turning the venn diagram, key in the ignition to a position that does not start the car would only structure of a play, draw power from the battery and thus neither starts the vs capitalism venn diagram, engine nor makes use of the power provided by its engine. Faces Of Eve. Even if we assume, arguendo, that the defendant is correct and that turning the key to the on position does not engage the engine, 9 the defendant misconstrues Ginnetti. Communism Vs Capitalism Diagram. In Ginnetti, supra at 183-184, the court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. c. 90, 24, merely because it is immovable due to road or other conditions not involving the vehicle itself. Id. at 184. Applying the clinton 911, Uski definition to the facts before it, the court concluded that the defendant operate[d] a motor vehicle by starting its engine or by communism vs capitalism diagram making use of the power provided by its engine. Id. at 183-184. In so holding, the court did not state that operation was conditioned on an engine being engaged, or that Uski so ruled. Finally, we reject the defendants argument that the jury instructions were inappropriate.

The judges instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of types of socialization, justice. Contrary to the defendants claim, the communism venn, instructions did not leave jurors with the impression that evidence that the defendant was sleeping in the drivers seat with a key turned in the ignition compelled a finding of types, operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. B. Sufficiency of the evidence.

The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the communism venn, fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he operate[d] a motor vehicle. See G.L. c. Types Of Socialization. 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 whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is sufficient to permit the jury to infer the existence of the vs capitalism venn, essential elements of the crime charged beyond a reasonable doubt. Commonwealth v. Me Nobody. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in communism, the light most favorable to the Commonwealth shows that the defendant was found asleep in the drivers seat slumped over origin dancing the wheel of the van holding a roast beef sandwich in communism vs capitalism, his hands, with sauce dripping down his hand. The defendants feet were right in front of him. The vehicles dashboard was illuminated. The key was in the ignition and had been turned to types, the on position so that the energy to the vehicle was on, but the engine itself was off and [t]he vehicle was not running. The police officer had to communism venn diagram, physically turn the ignition back 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 me nobody, support a finding that the defendant, while sitting in the drivers seat of the vehicle, put a key in the ignition and turned it to the on position. See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (Circumstantial evidence may be exclusive evidence of communism vs capitalism venn diagram, operation of a motor vehicle, a required element of OUI), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. First, the defendant cites testimony by the defendant and types, the arresting officer that the defendant, upon communism vs capitalism diagram, being awakened by of tap dancing the police officer, told the officer that the officer did not have the vehicles keys. The defendant testified that, after he moved to the drivers seat and vs capitalism venn, began eating his food, he did not remember what happened until the police officer woke him up. Clinton 911. 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 the ignition.

Moreover, the existence of contradictory evidence does not require a finding of not guilty. See Commonwealth v. Communism Diagram. Pike, 430 Mass. Why Is Important In Canada. 317, 323-324 (1999). Second, the defendant points to the testimony of his friend that the friend left the defendant passed out in the passenger seat and threw the communism, keys on the passenger side floor when he left the vehicle. 14 Even if the jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the defendant, who admitted moving from the passenger seat into the drivers seat, picked up the key and put it in the ignition when he moved to the drivers seat. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the evidence during his closing argument, creating a substantial risk of clinton 911, a miscarriage of justice requiring reversal. We disagree. The prosecutors argument disputing the defendants characterization that he was victim of a conspiracy by vs capitalism the police officers was an appropriate response to defense counsels argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass.

397, 404 (1999). We also conclude that the prosecutors statement that the defense witnesss testimony corroborated the officers testimony was a fair representation of the types, evidence. B. Venn Diagram. The defendant argues that his right to testify was improperly muzzled at trial because he was not permitted to testify that he intended to sleep overnight in the van so that he could go to court in Gloucester the next day. Three Faces. The defendant, however, was permitted to elicit testimony from the defendants friend that the defendant said he had to work early in the morning and planned to venn, sleep in clinton 911, the van overnight. Vs Capitalism. Furthermore, the record supports the conclusion that the defendant accepted his attorneys strategic advice not to faces, testify during his examination about his plans to sleep in vs capitalism venn diagram, the van because such testimony might open the door to play, evidence of prior convictions of driving under the influence. See Commonwealth v. Communism Vs Capitalism Venn Diagram. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the defendant moved to replace his attorney, and the judge denied the motion. Three. The record reflects that as soon as the judge became aware of venn, a conflict between the defendant and his counsel, the defendant was provided an opportunity to explain his reasons for wanting to remove his attorney. The judge did not abuse his discretion in denying the defendants motion where (1) this trial counsel was the of socialization, defendants third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for venn diagram arguing a motion for a new trial on his behalf, but without the defendants presence, the defendants presence would not have affected the outcome of that motion for a new trial; and (4) the defendant merely complained of something that any lawyer who represented him who had any competence at origin dancing, all would do. See Commonwealth v. Tuitt, 393 Mass.

801, 804 (1985). D. The defendant argues that the judge abused his discretion by refusing to remove two jurors for cause. Vs Capitalism. We disagree. Three. With respect to each of the complained-of jurors, the communism, judge dispelled any concerns about the jurors 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 truth in the event that the officers testimony was challenged. A trial judge is afforded a large degree of discretion in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. Play. 439, 442-443 (2001), quoting from communism vs capitalism venn Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). Me Nobody. Where, as here, a judge has explored the grounds for any possible claim that a juror cannot be impartial, and venn diagram, has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the juror unless juror prejudice is manifest. Commonwealth v. Seabrooks, supra at 443. No such prejudice was manifest here. E. Clinton 911. 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 familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendants contention is without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in 1986 and twice in 1988. See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) ([registry of motor vehicles] records, which contained more particularized identifying information, also reflected the offenses and the fact that they were the defendants). See also Commonwealth v. Communism Vs Capitalism Venn Diagram. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. Me Nobody. 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 judges instructions to the jury with regard to the prior convictions were proper where the judge simply instructed the jury that the vs capitalism venn diagram, documents in 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 the defendants contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. Clinton 911. 36(b)(1)(C), 378 Mass. 910 (1979), a criminal defendant who is not brought to trial within one year of the return day in the court in which the case is awaiting trial is presumptively entitled to dismissal of the charges unless the Commonwealth justifies the delay. Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). The return day here was March 8, 2005. Communism Venn. The defendants trial began on structure of a play, January 23, 2007, 686 days later. The delay may be excused by a showing that it falls within one of the [e]xcluded [p]eriods provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay. Commonwealth v. Spaulding, 411 Mass. 503, 504 (1992). Of the 686 days between those two dates, the docket sheet and documents filed in support or opposition to the defendants motion to dismiss show that many days are excluded from the calculation.

Due to jointly agreed upon continuances by the parties, at least 117 days are excluded. 15 See Barry v. Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the defendant was unavailable while on trial on another charge that are also excluded. 16 See Mass.R.Crim.P. 36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the venn diagram, defendants motion to clinton 911, 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 505 n. 4. In total there were at least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to count against the Commonwealth. Therefore, the diagram, defendant was tried within the me nobody, time constraints of rule 36(b), and the order denying the motion to dismiss is affirmed.

18. 1. General Laws c. 90, 24(1)(a)(1), as amended through St.2003, c. 28, 1, 2, provides in relevant part: Whoever, upon venn, any way or in clinton 911, any place to which the public has a right of access, or upon any way or in any place to communism, which members of the clinton 911, public have access as invitees or licensees, operates a motor vehicle with a percentage, by vs capitalism venn weight, of alcohol in dancing, 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 section one of chapter ninety-four C, or the vapors of glue shall be punished. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense three times preceding the date of the commission of the communism vs capitalism venn, offense for me nobody 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 vs capitalism venn diagram imprisonment in the state prison for why is important in canada not less than two and one-half years nor more than five years. 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is standing still. Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from communism Commonwealth v. Clarke, 254 Mass. 566, 568 (1926).

3. If the evidence shows that a defendant was seated in the drivers 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. Eckert, 431 Mass. 591, 599-600 (2000) (testimony of faces, police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Communism Diagram. Sudderth, supra (sufficient evidence of me nobody, operation where police found defendant seated in communism, the drivers seat with the engine running and of eve, a key in the ignition); Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). Cf.

Commonwealth v. 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). 4. In Commonwealth v. Venn. Uski, 263 Mass. at 23-24, there was conflicting testimony about three, 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 (The defendants intention after occupying the drivers seat is not an element of the statutory crime). 6. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (We believe that an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the public. Vs Capitalism Diagram. The danger is clinton 911 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 a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and communism vs capitalism, could have at why is multiculturalism in canada, any time started the automobile and driven away).

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 vehicle [b]ecause the presence of the key in the ignition switch in communism venn, the off position did not engage the mechanical or electrical equipment of the vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the of tap, position of the key in the ignition is communism venn a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the following could be found to be operation under G.L. c. 90, 24: inserting a key in the ignition without turning it and without engaging the motor or the clinton 911, vehicles power; using an electronic remote starting device to start the communism vs capitalism diagram, engine of the types of socialization, car without inserting a key in vs capitalism venn, the ignition, where putting a key in the ignition would be required to clinton 911, actually drive the vs capitalism venn, car; or putting the key in the ignition to structure of a, engage either the electricity or the motor before going to sleep in a seat other than the drivers seat. 9. In the absence of any evidence below regarding whether the key, when turned in the ignition to communism vs capitalism venn, the on position, engages the engine, we reach no conclusion on that mechanical issue.

10. The relevant portion of the jury instructions is the of tap dancing, following: The first element which the Commonwealth must prove is that the defendant operates a motor vehicle. The expression operation of communism vs capitalism diagram, a motor vehicle 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 origin of tap, engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the diagram, use of any electrical agency which alone or in sequence will set in motion the multiculturalism in canada, mode of power of the vehicle is sufficient in law to constitute operation. A person operates a motor vehicle, within the meaning of the law, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in communism venn diagram, motion the motive power of the vehicle. The Commonwealth need not prove the defendants intention after occupying the drivers seat. 11. We also reject the clinton 911, defendants argument that a stopped engine instruction was required because the engine was stopped, and vs capitalism, the stop was not incidental to the operation of the vehicle.

See Commonwealth v. Cavallaro, 25 Mass.App.Ct. 605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. c. 90, 24, includes at least ordinary stops upon of socialization, the highway, and such stops are to vs capitalism diagram, be regarded as fairly incidental to its operation). Such an instruction was inappropriate here where the Commonwealths theory was that the types, defendant was operating the communism vs capitalism venn diagram, vehicle by putting the of tap, 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 least ten White Russian drinks that evening and communism venn diagram, was highly intoxicated. Furthermore, the arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on me nobody, his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on the street in front of communism vs capitalism venn diagram, a restaurant. 14.

The defendant also argues that the Commonwealth failed to meet its burden by not introducing sufficient evidence that the defendants friend was not the person operating the vehicle. Of Tap Dancing. See Commonwealth v. Communism Venn Diagram. Boothby, 64 Mass.App.Ct. Why Is Important In Canada. 582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the vs capitalism venn diagram, car at the time of the accident). Boothby, however, is distinguishable from the clinton 911, current case because, here, the police only found one possible operator at the scene and the present case does not involve a confession by the defendant. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for vs capitalism venn the final pretrial hearing), and September 14, 2005 (the actual date of the final pretrial hearing). 16. The defendants trial on an unrelated charge began on why is multiculturalism in canada, October 5, 2006.

The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to communism vs capitalism venn, a mutually agreed upon continuance, a change in counsel between the bifurcated portions of the trial, and another delay between the second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006. Adding fourteen days to the sentencing date brings the date to April 7, 2006. Thus, the total excludable period for the unrelated charge is dancing 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. Diagram. 276, 35. Assuming, arguendo, that the judge denied the motionthere is multiculturalism important no record of 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 vs capitalism, statute. A District Court jury found the defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. Of A Play. 90, 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. c. Communism Venn. 90, 24[2][a]). 75 Mass. Structure Of A Play. App. Ct. Communism Vs Capitalism Venn. 643.

Appeals Court of Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for the defendant. David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth. Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App. Origin Of Tap Dancing. Ct. 644] A District Court jury found the defendant guilty of motor vehicle homicide by operation under the communism venn diagram, influence of clinton 911, 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. Communism Venn. c. 90, 24[2][a]).

The defendant, who is African-American, appeals upon claims that (1) the trial judge improperly allowed the Commonwealths peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendants blood alcohol content and erroneously instructed the me nobody, jury on that evidence; and (3) calculated improprieties by the prosecutor and extraneous influences upon communism venn diagram, the jury resulted in three faces of eve, reversible error. We reverse. The trial judge did not offer a sufficiently adequate and communism vs capitalism, contemporaneous explanation of her allowance of the peremptory challenge. Faces. In addition, the judge erroneously admitted evidence of the defendants blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in relation to that evidence. Procedural background. Vs Capitalism. On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of a motor vehicle in me nobody, violation of G.L. c. 90, 24(2)(a). On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the vs capitalism, influence and negligent operation (in violation of G.L. c. 90, 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealths motion to amend the June 1 complaint to me nobody, add an communism, alternate theory of intoxication, a 0.08 percent per se violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. Clinton 911. App.

Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on both charges. The trial judge sentenced the defendant to two and one-half years in communism venn diagram, the house of correction on the motor vehicle homicide charge and a consecutive sentence of origin dancing, two years in the house of correction on the negligent operation charge. In December of 2006, the defendant filed a motion for relief from an vs capitalism diagram, unlawful sentence. Types. He claimed that the negligent operation conviction was duplicative of the venn diagram, motor vehicle homicide conviction. In January of 2007, the trial judge allowed the three faces of eve, motion. The allowance of that motion is communism 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 defendants jeep and me nobody, the victims vehicle collided at communism vs capitalism venn, an intersection in New Bedford. Four people witnessed the collision, and each of them testified at three, trial.

According to the witnesses, the communism venn, defendants jeep went through a stop sign at a high rate of speed and struck the clinton 911, victims vehicle. A New Bedford police officer arriving at the scene after the accident saw the defendant pacing back and forth in vs capitalism diagram, an agitated manner. The officer spoke to origin dancing, the defendant and did not detect the vs capitalism, odor of alcoholic beverages. The officer did not observe any other signs of intoxication, such as a lack of balance. The victim died at the scene from multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for multiculturalism treatment. Shortly after the communism vs capitalism venn, 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 defendants jeep had been traveling at sixty-four miles per why is hour when it entered the intersection.4. [75 Mass. App. Ct. Communism. 646] Soon after the me nobody, defendant arrived at the hospital, two New Bedford police officers interviewed him.

According to vs capitalism venn, the officers, the defendant was angry [and] agitated and his breath smelled of alcoholic beverages. He told the types, officers that he had consumed a forty of OE, a forty-ounce bottle of Olde English brand beer. Both officers testified that the defendants demeanor changed when one of the venn diagram, officers notified him of the victims 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 .16. Discussion. 1. Peremptory challenge.

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

The next day, the Commonwealth invoked one of its peremptory challenges to exclude juror. Communism Diagram. The judge noted that juror nineteen was the only African-American in the jury pool from origin either day. Venn. She asked the Commonwealth to explain the why is multiculturalism in canada, challenge. Vs Capitalism Venn Diagram. In response, the prosecutor gave two reasons: (1) the jurors speech and of eve, mannerisms indicated that she was slow and might have difficulty in communism vs capitalism venn, the deliberation of the evidence of in canada, a three- or four-day trial; and (2) the prosecutors discomfort caused by diagram the jurors fixed stare at him during empanelment.5 The judge then determined that the of a, prosecutors explanation was not race-based. [75 Mass. App. Ct. 647] Defense counsel asked for the judges impression of juror nineteen. The judge stated that the juror had somewhat of a halting speech pattern and communism, was not incredibly articulate but not inarticulate either. The judge did not, however, associate [the juror's speech] with slowness mentally. The prosecutor explained that he believed that juror nineteens mental acuity was similar to of tap, that of another juror whom the diagram, judge had removed for cause. The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the Commonwealths peremptory challenge without further reasoning at that time.6 Defense counsel objected.

On the following day, before the jury had entered the structure of a play, court room, the judge commented further on the Commonwealths peremptory challenge of juror nineteen. She stated that, after the previous days discussion, she had consulted decisions on peremptory challenges of. members of protected classes,7 and vs capitalism venn diagram, that she wanted to put some more findings on the record. She recounted that she had requested an structure of a, explanation for the peremptory challenge, and she repeated the prosecutors explanation. She noted also that the applicable case law requires a two prong analysis. One having to do with the adequacy of the Commonwealths position once having been questioned about the reason for the challenge and venn, then the types of socialization, genuineness of that. Although the prosecutor had not mentioned the criminal. [75 Mass. App. Communism Vs Capitalism Venn Diagram. Ct. 648] history of juror nineteens son when he had offered his explanation for the challenge, the judge referred to it in her findings.8 The judge concluded her findings with the statement that I find the Commonwealths explanation both adequate and clinton 911, genuine, which is vs capitalism why I allowed the challenges to stand. Article 12 of the Declaration of Rights of the Massachusetts Constitution and the equal protection clause of the Federal Constitution prohibit the three faces of eve, use of peremptory challenges to exclude prospective jurors on communism vs capitalism venn diagram, the basis of race.

See Commonwealth v. Harris, 409 Mass. 461, 464, 567 N.E.2d 899 (1991). [W]e begin with the presumption that a peremptory challenge is proper. Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of me nobody, a discrete group, and (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership. Commonwealth v. Soares, 377 Mass. 461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct.

170, 62 L.Ed.2d 110 (1979). Either the party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the challenge. See Commonwealth v. Communism Venn Diagram. Maldonado, 439 Mass. 460, 463, 788 N.E.2d 968 (2003). When the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made. Id. at 463 n. Me Nobody. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an explanation which pertain[s] to the individual qualities of the prospective juror and not to that jurors group association. Commonwealth v. Soares, supra at 491, 387 N.E.2d 499. If the proponents. [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 make an vs capitalism venn diagram, independent evaluation of the [proponent's] reasons and determine specifically whether the me nobody, explanation was bona fide or a pretext. Ibid. Communism Vs Capitalism Venn Diagram. In other words, the judge must decide whether the explanation is both `adequate and `genuine. Commonwealth v. Three Of Eve. Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. Communism Diagram. 422, 428, 765 N.E.2d 725 (2002). [I]t is multiculturalism imperative that the record explicitly contain the judges separate findings as to both adequacy and genuineness and, if necessary, an vs capitalism venn diagram, explanation of those findings. Commonwealth v. Maldonado, supra at 466, 788 N.E.2d 968. See Commonwealth v. Benoit, 452 Mass.

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

However, the judge concluded that the prosecutor had not misused the challenge and allowed it. It was not until the next day that the judge explicitly found the prosecutors explanation to be adequate and genuine. The judges own language demonstrates that she recognized generally the two-part standard of vs capitalism venn diagram, adequacy and of tap, genuineness. However, her ruling falls short of the firm and timely explanation for allowance required by the line of communism diagram, cases culminating in clinton 911, Commonwealth v. Benoit, supra. As in Commonwealth v. Maldonado, supra, and Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the vs capitalism venn, challenge because the record does not show a prompt assessment of the me nobody, adequacy and genuineness of the prosecutors explanation of the peremptory challenge. See Commonwealth v. Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutors peremptory challenge where judge.

[75 Mass. App. Ct. 650] requested explanation and then allowed challenge but did not find that the prosecutor had met her burden of communism venn, establishing an adequate, race-neutral explanation that was the genuine reason for the challenge); Commonwealth v. Of A. Benoit, supra at 222-226, 892 N.E.2d 314 (defendants 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 vs capitalism diagram peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by the same district attorneys office.9 The judge did not address. the ground of staring.10 She rejected the suspected slowness.

She introduced, a day later, the in canada, experience of the son, a potentially serious ground but one never invoked by the prosecutor in vs capitalism diagram, support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon adequacy and genuineness required by the cases to me nobody, sustain the peremptory challenge. In particular, the judge did not find either of the prosecutions grounds adequate, i.e., personal to the juror and not based on the jurors group affiliation and diagram, related to origin of tap, the particular case being tried, however genuine or bona fide the vs capitalism venn, offer may have been. Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding. Of A Play. The precedents require reversal of the convictions. 2. Evidence of blood alcohol content. Venn Diagram. The Commonwealth. [75 Mass. App. Ct. 651] began trial with two theories of operation under the influence, the per se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory.

At the beginning of the 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 operation under the influence. During the trial, the Commonwealth introduced evidence of the defendants blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and impaired operation. During the charge conference, the Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to give an clinton 911, instruction on vs capitalism venn diagram, the per se theory, and the Commonwealth agreed with that proposal. The judge instructed the three faces, jury, in relevant part, as follows: The law says that if the percentage of alcohol by weight in the defendants blood was .08 percent or more[,] from such evidence you may, if you wish, draw an inference that the communism, defendant was under the influence of origin, intoxicating liquor at the time. For reasons discussed below, the instruction was erroneous. The defendant did not object to the blood test evidence, the prosecutors reference to venn, it in his summation, or the judges erroneous instruction. In 2003, the clinton 911, Legislature amended both G.L. c. Communism Diagram. 90, 24G, the motor vehicle homicide statute, and G.L. Of Socialization. c. 90, 24(a)(1), the operation under the influence (OUI) statute, to add the per se theory of communism vs capitalism venn diagram, intoxication.

St.2003, c. 28, 1, 21, 22. Pursuant to the amendments, the types of socialization, Commonwealth may prove intoxication through evidence that the defendant had a percentage, by weight, of communism diagram, alcohol in [his] blood of eight one-hundredths or greater. G.L. Types Of Socialization. c. 90, 24G(a). Communism Vs Capitalism Venn Diagram. Prior to the amendments, the origin, statutes allowed the permissible inference of intoxication when the defendant had a blood alcohol content of .08 percent or greater. Commonwealth v. Colturi, 448 Mass. 809, 811-812, 864 N.E.2d 498 (2007).

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

Ct. 652] absence of expert testimony to communism vs capitalism venn diagram, explain their significance. Id. at 817-818, 864 N.E.2d 498. The decision states: If the Commonwealth were to three faces, proceed only on venn, a theory of impaired operation [instead of of socialization, both a per se theory and an impaired operation theory] and communism, offered a breathalyzer test result of me nobody, .08 or greater, without evidence of its relationship to intoxication or impairment and without the statutorily permissible inference of communism venn, intoxication eliminated by the 2003 amendments, the jury would be left to guess at its meaning. Ibid. As for trials where the Commonwealth relies on both theories, the decision states further: [I]f the per types se and impaired ability theories of criminal liability are charged in the alternative and so tried, we see no prejudice in the admission of breathalyzer test results without expert testimony establishing the significance of the test level to vs capitalism, 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 structure, .08 or greater, she is guilty of communism venn, violating the OUI statute, and if they do not so find, they may still consider whether she violated the faces, statute by operating while under the influence of intoxicating liquor.

Id. at 817, 864 N.E.2d 498. We presume that this language applies to the results of blood tests in addition to communism, the results of breathalyzer tests. 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 the defendants objection, admission of the results required reversal. Id. at 664, 885 N.E.2d 164. In this case, the complaint charged both theories. The judge admitted evidence of the defendants blood alcohol content without expert testimony to explain its relationship to intoxication. The judge did not instruct the jury on the per of tap dancing se theory. Vs Capitalism Diagram. Furthermore, the clinton 911, judge erroneously instructed the jury on the permissible inference of intoxication eliminated by the 2003 amendments. See.

[75 Mass. Communism Vs Capitalism Diagram. App. Me Nobody. Ct. 653] Commonwealth v. 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 vs capitalism venn, erroneous instruction and the admission of the blood test evidence without the requisite expert testimony require reversal. Since the types of socialization, defendant did not object to the alleged errors, we review for vs capitalism diagram the substantial risk of a miscarriage of justice. Origin Dancing. Under that standard, the venn, question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the of tap dancing, 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 Commonwealths evidence of vs capitalism venn, intoxication was strong. Types. The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the victims vehicle. A police officer who was at the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of intoxication. The accident reconstruction expert testified that the vs capitalism venn, defendants 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 consumption of forty ounces of beer earlier in the evening. However, the clinton 911, laboratory supervisors testimony that the communism vs capitalism venn diagram, defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication. Clinton 911. Without it, the vs capitalism venn, Commonwealths evidence was strong but not overwhelming. Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the defendants signs of intoxication differed.

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

1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by of tap negligent operation in violation of G.L. c. 90, 24G(b). After issuance of the June 1 complaint, which charged the defendant with motor vehicle homicide by operation under the influence and by negligent operation (in violation of G.L. c. 90, 24G[a]), the Commonwealth nol prossed the motor vehicle homicide charge from the communism vs capitalism, first complaint. 2. Under G.L. c. 90, 24G(a), the multiculturalism important in canada, Commonwealth may use either of communism, two theories to prove operation under the influence: (1) operation with a percent by weight, of alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor. G.L. c. 90, 24G(a), as amended through St.2003, c. Of Eve. 28, 21. See Commonwealth v. Colturi, 448 Mass. Vs Capitalism Venn. 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 three, the amendment of the communism diagram, June 1 complaint, the complaint alleged only the second theory. 3. In April of 2007, after a hearing, the trial judge allowed the Commonwealths motion to file a late notice of appeal from the three of eve, grant of the defendants motion for relief from an unlawful sentence. The Commonwealths 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. 4. She opined also that the defendants jeep had struck a vehicle parked on the side of the road prior to the collision with the victims vehicle.

5. In its entirety, the prosecutors explanation was: Judge, she appears slow to me at side-bar in communism vs capitalism diagram, her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and of tap, it appeared to me that she was staring at diagram, me, staring me down while we were at the side-bar; and it bothered me. But I do find that shes slow at side-bar speaking with her, in of a, her speech; and Im concerned that this is a three or four day trial, a lot of witnesses; and Im concerned about her ability to try the evidence. 6. The judge observed that the defendant had adequately preserved the issue for appeal. During the communism vs capitalism, discussion of the challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the judge had asked juror fourteen, a white male, some questions at important, side bar, and the juror had noted the vs capitalism venn, presence of only one African American in the venire. Of Socialization. The prosecutor stated that he should not have to explain his use of communism vs capitalism venn diagram, a peremptory challenge on juror fourteen because the juror was not a member of play, a protected class. However, he supplied an explanation, and the judge allowed the challenge. 7. The parties assert that the diagram, 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 look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to exclude members of a [discrete] group. The reference (jumbled in transcription) most probably was the Maldonado decision. 8. The judges reference to the criminal history of juror nineteens son was as follows: I would also add that it was known to types of socialization, all of us that [juror nineteen] had had a son who had apparently a criminal matter in vs capitalism, this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorneys office and apparently came up. [A]nd I dont remember the case per se but she spoke about it. It apparently just happened last fall. The judge went on to say that she understood the Commonwealths concern whether she could perform in a truly objective manner because her son had experienced the criminal justice process and subsequent incarceration. Structure Of A Play. The record does not show any expression of communism, that specific concern by the prosecutor.

9. As mentioned above, in of a play, the next-day review of her reasons for allowance of the peremptory challenge, the venn diagram, judge referred to the experience of juror nineteens son in faces, the New Bedford District Court. See note 8, supra. The prosecutor did not refer to communism vs capitalism, the criminal history of the jurors son as justification for types his peremptory challenge. A judge may not supply her own reasons to justify a prosecutors peremptory challenge. See Commonwealth v. Fryar, 414 Mass.

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

That explanation had little chance of success. Challenges based on communism vs capitalism, subjective data such as a jurors looks or gestures, or a partys `gut feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination. Commonwealth v. Why Is Multiculturalism Important. Maldonado, 439 Mass. at 465, 788 N.E.2d 968. 11. This reasoning does not interfere with the communism diagram, authority of a trial judge spontaneously to 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 types of socialization, the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the Colturi decision in venn diagram, April 2007; and this court the Hubert decision in three faces of eve, May 2008.

Therefore the communism, judge and trial counsel did not have the benefit of those interpretations of the 2003 amendments. 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 of socialization, standard of review was the presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to require reversal. 14.

As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and venn, alleged calculated impropriety by the prosecutor require reversal. Three Faces. The extraneous influences were (1) a shout by the victims mother at the defendant as the jurors left the courtroom on communism vs capitalism diagram, the first day of trial, and (2) the presence of a makeshift memorial to the victim at the accident scene during the jurys view of the site. Me Nobody. The claim of communism vs capitalism diagram, calculated impropriety by clinton 911 the prosecutor arises from testimony of two police officers that they told the defendant that he had killed the victim. The defendant asserts that the prosecutor intended that the officers testify in this manner, in violation of the communism venn, judges decision on a motion in limine. No evidence supports the view that the mothers outburst or the accident site memorial overcame the faces of eve, judges instructions for a verdict based strictly on the evidence. The claim related to the officers use of the word killed fails also, because the judge gave immediate curative instructions. 15. The defendant presented no issue of a denial of the right to confrontation guaranteed by the Sixth Amendment to the United States Constitution by vs capitalism reason of the admission of the blood alcohol test result.

The rule of origin, Melendez-Diaz v. Communism Vs Capitalism Venn Diagram. 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 drivers license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. Gerald W. Types Of Socialization. GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009.

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

Panel SAUFLEY, C.J., and communism, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of me nobody, Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the 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. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a). Communism Vs Capitalism Venn Diagram. The State contends that the faces, court imposed an illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that all penalties and vs capitalism diagram, punishments shall be proportioned to in canada, the offense. Me. Vs Capitalism. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to three faces of eve, 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. 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 confront witnesses against him as articulated in Crawford v. Communism Venn. Washington, 541 U.S.

36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and its progeny. ? 3 The States appeal is clinton 911 accompanied by the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and M.R.App. Communism Diagram. P. 21(b). Because we agree with the States contention that the sentence imposed on Gilman was illegal, and of tap, find no violation of Gilmans constitutional rights, we vacate only the communism diagram, 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 clinton 911 his home. He had not been drinking. Gilman, a member of the vs capitalism venn, local Elks Club, was returning from the clubs lodge, where he had repaired a broken walk-in cooler. Gilman admitted to clinton 911, the officer that his drivers license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. Communism Vs Capitalism Diagram. In fact, Gilmans license had been revoked as a result of multiple previous convictions, which included three convictions for types of socialization OUI within the previous ten years. Vs Capitalism Venn Diagram. A certified record from the Secretary of State, admitted at trial over Gilmans 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 play, 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 Tinas Law, provides that in that circumstance the minimum fine . . . is communism vs capitalism venn diagram $1,000 and the minimum term of imprisonment is 2 years, neither of me nobody, which may be suspended by communism venn diagram the court. 29-A M.R.S. ? 2557-A(2)(D); P.L.

2005, ch. 606, ? A-11 (effective Aug. Why Is Important In Canada. 23, 2006). ? 6 Gilman moved to dismiss the vs capitalism venn diagram, allegation of the aggravating factor of his prior OUI convictions as a violation of his equal protection guarantees. Dismissal of the allegation would have reduced the charge to faces, a Class D crime. See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for OUI. The Superior Court (Jabar, J.) denied the motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by the admission of a certificate issued by the Secretary of venn diagram, State under seal declaring that (1) his right to me nobody, 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 Gilmans motion for a judgment of acquittal, and took the ultimate issue of communism diagram, whether the clinton 911, State had met its burden of proof under advisement. Gilman then filed a written. argument asking the court to revisit its earlier rejection of his equal protection argument, and asserting that the diagram, mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution. In Canada. 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 courts reasoning on the Confrontation Clause issue and again denied Gilmans equal protection claim. On his claim of venn diagram, unconstitutionally disproportionate punishment, the clinton 911, court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the court to vs capitalism, reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of of socialization, a Class C offense constituted a due process violation because the State did not individually notify him that Tinas Law increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilmans due process claim and denied it. It then heard testimony relevant to communism, the disproportionate punishment issue and sentencing from three of eve four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the United States Department of Veterans Affairs, Gilmans sister, and Gilman himself.

At the conclusion of the hearing, the court took the disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Mr. Vs Capitalism Venn Diagram. Gilman, as well as the manner in which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and structure of a play, also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr.

Gilman. ? 11 At a final hearing on December 11, the court conducted the venn, 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 three faces of eve, probation, 500 hours of diagram, community service, and a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). The State orally moved the court to of eve, 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. Communism Venn. 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 origin of tap dancing Maine citizens. Section 9 sets limits on the States power to punish: Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted. Me. Communism Venn. Const. Of Socialization. art.

I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an unsuspended prison sentence of at least two years. 29-A M.R.S. ? 2557-A(2)(D). Accordingly, the courts 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 communism venn diagram, circumstances of the types, particular offender, not simply proportionate to the offense itself, and (2) because of Gilmans individual circumstances, the mandatory sentence was disproportionate to his offense, and communism venn, therefore the clinton 911, statute is unconstitutional in this instance.5 Gilmans burden is significant, as one challenging the vs capitalism venn diagram, constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Legislature are presumed constitutional. State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). We review de novo whether he met that burden through a showing of strong and convincing reasons. Town of Frye Island v. Dancing. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the offense, has been an open question. In discussing a closely related provision of section 9, we left it unanswered:

Assuming, without deciding, that it may be possible in rare cases that a mandatory minimum sentence is communism cruel and unusual because of the characteristics of the origin of tap, 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. Vs Capitalism Diagram. 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. Why Is Important. For several reasons, we conclude that (1) section 9 requires only vs capitalism venn diagram, that a punishment be proportionate to the offense for which a person is convicted, (2) the me nobody, two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by the trial court was therefore illegal and. must be vacated. Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendants particular circumstances, we now hold that it is not possible. ? 16 The plain language of section 9 requires that punishments shall be proportioned to the offense. Me. Const. art. I, ? 9 (emphasis added).

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

See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that it is a fundamental rule of statutory interpretation that words in origin, a statute must be given their plain and ordinary meanings (alteration in communism venn, original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. In each case where a minimum mandatory punishment imposed by the Legislature has been challenged as disproportionate or cruel and unusual under section 9, we have rejected the challenge after considering the defendants conduct.7 Only in multiculturalism, Worthley did we refer to the characteristics of the communism vs capitalism venn, individual offender, and clinton 911, then only to point out that we were not required in that case to decide whether individual characteristics could ever be a factor in the proportionality analysis. Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. required an vs capitalism diagram, individualized determination that a mandatory punishment is of eve appropriate except in venn, death penalty cases. See Harmelin v. Michigan, 501 U.S. 957, 996, 111 S.Ct.

2680, 115 L.Ed.2d 836 (1991) (We have drawn the clinton 911, line of required individualized sentencing at capital cases, and see no basis for communism vs capitalism venn diagram extending it further.). Regarding the Federal Constitution, the First Circuit Court of Appeals noted: There is no constitutional right, in non-capital cases, to me nobody, individualized sentencing. Legislatures are free to vs capitalism diagram, provide for mandatory sentences for me nobody particular offenses.. . . Diagram. The mere fact that a sentence is mandatory and severe does not make it cruel and me nobody, unusual within the meaning of the Eighth Amendment. United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is communism further supported by three faces our cases holding that the Legislature has the power to enact mandatory sentences.

See State v. Communism Venn Diagram. 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 courts discretion when it determines it is appropriate to do so, subject only to the constitutional prohibition against of a play punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the language of section 9 requires and vs capitalism diagram, effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislatures 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 defendants individual circumstances in dancing, finding that a mandatory sentence is communism vs capitalism venn disproportionate as applied to that person is simply reinstatement by judicial declaration of a sentencing courts ordinary discretion to weigh mitigating factors, and then impose a maximum sentence that is lower than the basic sentence. See 17-A M.R.S. ? 1252-C(2). A court would then always have the types, sentencing discretion that the Legislature intended to remove, because individual mitigating circumstances could always be used as justification to impose less than the mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in a particular case. We do not read article I, section 9 to render the Legislatures authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the clause, all penalties and punishments shall be proportioned to venn, the offense, means what its plain language says, and does not require consideration of the individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. B. Origin Dancing. The Two-Year Minimum Mandatory Sentence. ? 22 This Court always has the power and duty to uphold the State and Federal Constitutions, and will protect the individual from an unconstitutional invasion of his rights by vs capitalism venn the legislative . . Of Tap Dancing. . branch of government. Dept of communism vs capitalism diagram, Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted).

Nevertheless, we recognize the primacy of the clinton 911, Legislature as the voice of the sovereign people in the area of crime and punishment: The fixing of an adequate criminal penalty is properly and legitimately a matter of legislative concern. It is not the office of the judiciary to vs capitalism venn, 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 sentence and faces, the evil to be avoided might then be a cruelty of constitutional dimensions. It seems to communism vs capitalism, us that the 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 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. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (The power of punishment is structure of a vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to vs capitalism diagram, define a crime and ordain its punishment. (quotation marks omitted)). ? 23 We have described the test for determining when a sentence is cruel and unusual as whether it is greatly disproportionate. . Origin. . and whether it offends prevailing notions of decency, Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it shocks the conscience of the vs capitalism venn, public, or our own respective or collective sense of fairness, State v. Me Nobody. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is vs capitalism venn inhuman or barbarous, State v. Heald, 307 A.2d 188, 192 (Me.1973). Because the Legislature is the voice of the sovereign people, King, 330 A.2d at 127, and thus expresses the peoples will, only the most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the people of structure play, Maine as to be unconstitutionally disproportionate, or cruel and diagram, unusual.11 In short, our system of why is important in canada, government assumes that the judgment of the Legislature is the collective judgment of the communism vs capitalism diagram, people. ? 24 Gilman was convicted of a Class C crime, punishable by a maximum of five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for me nobody his conduct of two years, or forty percent of the maximum. Communism. 29-A M.R.S. ? 2557-A(2XD).

It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to why is multiculturalism in canada, endanger others by communism diagram operating a motor vehicle while impaired, from multiculturalism in canada continuing to drive under any circumstances. A mandated sentence for that conduct on the lower end of the vs capitalism diagram, zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the proportionality requirement of in canada, 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 vs capitalism venn diagram increasing his sentence for operating after revocation because of his prior OUI convictions. He acknowledges that in order to reach the clinton 911, result he seeks, we would be required to overrule our decision in State v. Chapin, where the same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by drunk drivers was certainly strong enough to justify the imposition of diagram, 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 structure of a play, the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the minimum statutory penalties for 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). ? 28 In Stade, we held that a defendants due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to the defendants 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 diagram, thus knowingly violated the law. The Legislature changed the types of socialization, statute, the Governor signed it into communism venn diagram, law, and Gilman is presumed to know what the faces, law is. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. Venn Diagram. 909 (1911). Clinton 911. Contrary to Gilmans argument, due process did not require that he be individually notified of the change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the 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. Diagram. Confrontation Clause. ? 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 preceding ten years. Of A Play. As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of State certification did not offend the Confrontation Clause because the certification served only to confirm the authenticity of the underlying records of the Violations Bureau, which themselves contain only routine, nontestimonial information. 2008 ME 177, ? 24, 960 A.2d at communism diagram, 1158; see also State v. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on the authority of the Supreme Courts 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 origin dancing, admission of a chemists certificate stating that an analyzed substance was cocaine violated the communism vs capitalism, Sixth Amendment, because although documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . Me Nobody. . that is not the case if the regularly conducted business activity is the production of evidence for use at trial. Id. at communism, 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on of tap dancing, Tayman and communism vs capitalism venn, concluded that Tayman remains good law. State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and consequently Gilmans argument fails. Judgment of three of eve, conviction affirmed.

Sentence vacated; remanded to the Superior Court for resentencing. 1 The statute provided: D. A person is communism vs capitalism venn guilty of a Class C crime if the person commits the types, 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 venn, previous 10 years. The minimum fine for a Class C crime under this paragraph is three faces of eve $1,000 and venn, 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 faces of eve, any way that affects this case. P.L. 2009, ch.

54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and equal protection claims are grounded in the United States or Maine Constitutions. Communism. In any event, those protections are coextensive. Multiculturalism Important. 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. Communism Venn. ? 2557-A(2)(A) (2009)). 4 The Rule provides: On motion of the . . . attorney for types the state . . . made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in venn, an illegal manner. M.R.Crim. P. 35(a). 5 At oral argument, Gilman suggested that the minimum mandatory sentence for dancing his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to communism, the sentences imposed by the Legislature for other crimes. We find no support for his contention that we must place crimes and penalties on a continuum before deciding whether a particular penalty is constitutional, and we do not address this argument further.

6 Although the Maine Constitution, unlike the United States Constitution, delineates the 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) (The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . . . The Eighth Amendments protection . . . flows from the basic precept of justice that punishment for a crime should be graduated and proportioned to the offense. (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (In analyzing whether a sentence is structure play cruel and vs capitalism diagram, unusual as applied, we look to whether the sentence is greatly disproportionate to the offense and whether it offends prevailing notions of decency.); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (A mandatory sentence is not cruel and unusual punishment unless the sentence is of socialization greatly disproportionate to the offense or the punishment offends prevailing notions of decency); Tinkle, The Maine State Constitution: A Reference Guide (1992) at 43 (The interpretation of `cruel or unusual punishment also is informed by the requirement of proportionality.). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and communism diagram, unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for 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 clinton 911 sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Communism. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of lobsters in particular case irrelevant); c.f. State v. Clinton 911. Alexander, 257 A.2d 778, 783 (Me. 1969) (holding five-day sentence imposed by court in its discretion for venn contemptuous reprehensible conduct not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d at 540 (holding death penalty for non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S. 551, 568, 125 S.Ct.

1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. Structure Of A Play. 11, 17-18, 30-31, 123 S.Ct. Communism Vs Capitalism Venn Diagram. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to life for stealing three golf clubs under three strikes 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. Types Of Socialization. Michigan, 501 U.S.

957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for possessing 672 grams of cocaine not cruel and unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the communism vs capitalism venn diagram, 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 structure play, basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at a final sentence. 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is communism vs capitalism venn too harsh as applied, the Maine Constitution gives the Governor the equitable power to grant reprieves, commutations and pardons in origin, individual cases.

Me. 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 communism venn, a legislature making overtime parking a felony punishable by life imprisonment. Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. Structure. ? 2557 was repealed and replaced by P.L.

2005, ch. 606, ?? A-10, A-11 (effective Aug. Venn Diagram. 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. Gautiers conviction for being a felon in of eve, possession of a firearm pursuant to vs capitalism diagram, 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 America,

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

TABLE OF CONTENTS. A. Whether Gautiers 2001 Crime of Resisting Arrest under Mass. Gen. 1. Whether the Crime Defined by three Prong (2) of vs capitalism venn diagram, 32B Is a Violent. 2. Whether the Crime Defined by multiculturalism in canada Prong (2) of 32B Is a Violent. B. Whether the 1998 Juvenile Offenses Were Committed on Different. 2. Whether the Inquiry Is Limited, to communism vs capitalism venn diagram, Shepard-approved Source.

Three years ago, Boston police found a badly rusted gun and ammunition in the pocket of defendant Eddie Gautier (Gautier) one night in Roxbury. The offense stemmed from a night of me nobody, drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an vs capitalism venn, inoperable gun did not constitute a crime under state law. The federal government took up the case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. 922(g)(1), because of his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and multiculturalism in canada, 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 (ACCA). See 924(e) (applying the penalty to defendants with at least three previous convictions for violent felonies committed on separate occasions).

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

After two rounds of briefing and two sentencing hearings, I found that Gautier is not an armed career criminal under the terms of the statute. First, his resisting arrest conviction does not constitute a violent felony within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were committed on occasions different from communism venn one another as the statute requires. Me Nobody. As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Accordingly, I sentenced Gautier to 57 months incarceration, in effect the Guideline felon in possession sentence, and three years 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. Communism Vs Capitalism. He decided to meet four friends who were out celebrating two of their birthdays. Me Nobody. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the group.

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

Gautier was transferred to federal custody on origin of tap dancing, 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 vs capitalism venn, 18 U.S.C. Faces. 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and venn diagram, police investigators, admitted to possessing the gun, and divulged where it had come from. Indeed, according to structure of a play, his counsel, the defendant repeatedly offered to plead guilty to the charge, but was advised against communism diagram it because of the possibility of an types of socialization, ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (PSR). Vs Capitalism Venn Diagram. When the me nobody, pre-plea PSR concluded that an ACCA enhancement was required, the defendant felt obliged to go to trial. Communism Diagram. At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction. Of Socialization. His defense was that he had picked up the gun and held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of communism diagram, Boston. The jury rejected his claim, convicting him of structure of a, 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 brief whether resisting arrest qualifies as an communism venn, ACCA predicate, an issue raised in the defendants objections to the presentence report.

On that date, I also raised sua sponte the issue of whether the juvenile. offenses Gautier committed in 1998 were clearly separate predicates. At the final sentencing hearing on December 15, 2008, after reviewing the three of eve, parties submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. Gautiers conviction for being a felon in possession of a firearm pursuant to 18 U.S.C. Diagram. 922(g)(1) subjects him to 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 occasions different from one another, such person shall be fined under this title and me nobody, imprisoned not less than fifteen years. 18 U.S.C. Communism Venn Diagram. 924(e)(1). Gautiers sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the sentencing enhancement: First, Gautiers conviction for important in canada resisting arrest may not be a violent felony under the ACCA. Second, the government may have difficulty establishing, on the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were committed on communism, occasions different from one another. A. Whether Gautiers 2001 Crime of Resisting Arrest under Mass.

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

Problems of interpretation arise when a state statute on which the predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and nonviolent felonies, which do not. Communism Venn Diagram. In such a case, while the sentencing judge may not hold a minitrial on the particular facts underlying the prior offense, see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may peek beneath the coverlet of the structure, formal language to ascertain whether the conviction was for vs capitalism venn diagram 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 faces of eve, Shepard v. United States, 544 U.S. 13, 125 S.Ct. Vs Capitalism Diagram. 1254, 161 L.Ed.2d 205 (2005), is how far that peek can go.

Not very far, is the answer. United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at types of socialization, 142-46.) If the defendant was convicted after a trial, the court is permitted to venn diagram, consider what the me nobody, jury instructions suggested about the verdict. When a defendants conviction resulted from a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the plea colloquy, any facts confirmed by vs capitalism venn the defendant at sentencing, and any comparable judicial record. See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Structure Play. Finally, if the 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 Gautiers 2002 plea to communism vs capitalism venn, the charge establishes that the plea was to the violent version of the felony. Structure Play. Under the Massachusetts statute, a person is guilty of the offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by (1) using or threatening to use physical force or violence against the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to vs capitalism, such police officer or another. 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 has as an element the use, attempted use, or threatened use of physical force against the person of another. 18 U.S.C. 924(e)(2)(B)(i); see Govt Sent. Mem. Three Faces. 3 (document # 62). Diagram. Prong (2) of the origin of tap, resisting arrest statute, however, does not.

Importantly, there exists no tape or transcript of communism, Gautiers colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. Clinton 911. While the PSR reviewed the police report of the offense, Gautier did not adopt the facts as true. Rather, he interposed a Shepard challenge to vs capitalism diagram, any peek 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 types of socialization, 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 vs capitalism venn diagram, 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 clinton 911, 32B Is a Violent Felony Under 18 U.S.C. 924(e)(2)(B)(i) By its own terms, the venn diagram, Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in of eve, the ACCA. That is, the language using any other means which creates a substantial risk of causing bodily injury to such police officer or another, Mass Gen.

Laws. ch. 268, 32B(a), does not explicitly ha[ve] as an element the use, attempted use, or threatened use of communism vs capitalism diagram, physical force against the person of clinton 911, another, 18 U.S.C. 924(e)(2)(B)(i). Communism Venn Diagram. Moreover, the fact that the Prong (1) definition of resisting arrest does contain such an element, coupled with Prong (2)s specification of resistance by of eve other means, suggests that Prong (2) does not involve such an vs capitalism venn diagram, element by implication, either. 2. Whether the Crime Defined by of a Prong (2) of 32B Is a Violent Felony Under 18 U.S.C. Communism Vs Capitalism Venn. 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for the armed career criminal mandatory minimum, it must do so under the second definition provided by the ACCA.

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

Laws. ch. 268, 32B, involves conduct that presents a serious potential risk of physical injury to another, in the language of the ACCA, 18 U.S.C. 924(e)(2)(B)(ii). At first pass, the communism vs capitalism venn diagram, question seems to answer itself, but the clinton 911, Supreme Court has required more than a textual comparison of the vs capitalism, criminal statute and types of socialization, the ACCA under the communism diagram, residual clause. In Begay v. United States, ___ U.S. In Canada. ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a violent felony under the residual provision of 924(e)(2)(B)(ii). Where the offense in question is not one of vs capitalism diagram, those enumerated in the statute, a court must determine not only (1) whether that offense involves conduct that presents a serious risk of physical injury to another, but also (2) whether the crime is roughly similar, in origin of tap, kind as well as in degree of risk posed, to the enumerated offenses.

Id. at 1585. Vs Capitalism. The latter step is critical here. It requires a court to decide whether the offense in question typically involves purposeful, violent, and aggressive behaviorthe defining feature of the enumerated offenses. The Court based the Begay test on the text of the ACCA, its legislative history, and its underlying purpose. As to text, the court noted that the me nobody, presence of the communism vs capitalism, enumerated offenses of me nobody, burglary, arson, extortion and communism vs capitalism venn, crimes involving explosives indicates that the statute covers only similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another. Id.

Had Congress intended the statute to cover all crimes creating serious risk of injury, it would have omitted the examples. As to history, the Court noted that in 1986 Congress rejected a broad proposal that would have covered every [such] offense. Id. at 1586. Finally, the Court noted that this interpretation served the ACCAs purpose of punish[ing] only a particular subset of offender, namely career criminals. Id. at 1588: The listed crimes all typically involve purposeful, violent, and aggressive conduct. That conduct is origin of tap such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to communism venn diagram, harm a victim. Were we to read the statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of me nobody, crimes which, though dangerous, are not typically committed by those whom one normally labels armed career criminals. Id. at 1586-87 (citations omitted).

In Begay, the Court assumed without deciding that drunk driving involves conduct that presents a serious potential risk of physical injury to another. Id. at 1584. Even so, it held under the second step of the analysis that a conviction for venn driving under the influence (DUI) falls outside the scope of the residual clause because [i]t is simply too unlike the provisions listed examples for us to believe that Congress intended the provision to me nobody, cover it. Id. at 1584. Moreover, the Supreme Court has held that in vs capitalism diagram, conducting this analysis, courts need not analyze every conceivable factual offense covered by a statute, but rather should consider the ordinary case of the offense. James, 127 S.Ct. at 1597. In the words of the First Circuit, I must evaluate the me nobody, degree of risk posed by the mine-run of communism vs capitalism, conduct that falls within the heartland of the statute. United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of being a felon in possession of a firearm is not a violent felony under the ACCA because risk of physical harm does not often accompany[] the conduct that normally constitutes the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district courts understanding that it had to consider whats the typical, usual type of conduct constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is a crime of violence if and only if a serious potential risk of physical injury to another is a `normal, usual, or customary concomitant of the predicate offense); Winter, 22 F.3d at 20 (A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of of a play, possibilities girdled by that language; instead, a categorical approach is venn diagram concerned with the usual type of conduct that the statute purports to proscribe.). To determine the mine-run of conduct encompassed by origin of tap dancing Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the statute.

In Commonwealth v. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendants stiffening his arms and pulling one away for a second to avoid being handcuffed constituted resisting arrest by a means which creates a substantial risk of causing bodily injury to the officers involved. Communism Diagram. Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and me nobody, refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition. Commonwealth v. Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008).

These cases indicate that while Prong (1) of the communism vs capitalism, resisting arrest statute covers the actual or threatened use of force, the types of socialization, mine-run of conduct criminalized by Prong (2) involves a lesser version of venn diagram, active, physical refusal to submit to the authority of the of socialization, arresting officers: paradigmatically, the stiffening of ones arms to vs capitalism, resist handcuffing. Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the first prong of the Begay analysis, I must determine whether the Prong (2) definition of resisting arrest presents a serious potential risk of physical injury to another. Stiffening ones arms to prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of injury, and at me nobody, least one court has suggested this inconsistency as a ground for communism vs capitalism finding that a criminal offense fails to satisfy this part of the test. See United States v. Urbano, No.

07-10160-01-MLB, 2008 WL 1995074, at *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a violent felony for ACCA purposes) (While an in canada, individual can, and often does, cause serious personal injury or death while attempting to communism venn diagram, flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.). In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling ones arm free, is [t]he type of resistance [that] could have caused one of the officers to clinton 911, be struck or otherwise injured, especially at the moment [the defendant] freed his arm. 433 Mass. at 145, 741 N.E.2d 25. Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to another, that form of resisting arrest cannot fulfill the second part of the Begay test. The crime is not roughly similar, in kind as well as in degree of communism diagram, risk posed, to the enumerated offenses. Begay, 128 S.Ct. at 1585. First, looking to the degree of risk: Even if the Grandison court is correct that stiffening ones arms and pulling away present a serious risk of origin of tap, harm to another, the degree of communism venn, that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. Why Is Important In Canada. The Supreme Court has explained that burglary presents a high risk of violence due to the possibility of a face-to-face confrontation between the burglar and a third party who comes to diagram, investigate. James, 127 S.Ct. at 1594; see also United States v. Of Eve. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the powder keg rationale).

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

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

Applying these definitions, the communism vs capitalism venn diagram, court held that a conviction under a Wisconsin statute for important homicide by negligent operation of a motor vehicle was not a crime of violence under the career offender sentencing guidelines.10 Id. at 59. Vs Capitalism Venn Diagram. While the offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to be similar in kind to the enumerated offenses. Id. A similar conclusion obtains here. Of Socialization. To be sure, the Prong (2) form of vs capitalism venn diagram, 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 crime of violence under the career offender provision of the of eve, sentencing guidelines.

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

Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause. See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and entering a commercial or public building); United States v. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on three faces of eve, 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. Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a person over vs capitalism venn diagram 14 years old). And those cases predated Begay, when the standard for finding an offense to be a violent felony was easier to three faces of eve, satisfy. In light of the difference in diagram, aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the `way or manner in which it produces risk of injury. Begay, 128 S.Ct. at 1586.

To be sure, some courtsincluding within this districthave found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay. charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act. Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the governments contention that a prior conviction under the Massachusetts resisting arrest statute constituted a crime of violence under the career offender guidelines. United States v. Kristopher Gray, No. Dancing. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Communism Venn. Jun.

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

In light of the Supreme Courts pronouncement in vs capitalism, Begay, then, I find that the Prong (2) version of resisting arrest is not a violent felony under the ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of ones arms, not the structure, 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 vs capitalism diagram, 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 Prong (1) rather than to origin dancing, Prong (2)as it must it cannot look to this conviction for vs capitalism a qualifying violent felony. Gautier has at of tap dancing, most two statutory predicatestoo few to trigger the fifteen-year mandatory minimum. B. Whether the communism vs capitalism, 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. That Gautiers resisting arrest conviction is not a violent felony is enough to me nobody, preclude the application of the ACCA enhancement. Vs Capitalism Venn. In the alternative, I find the enhancement is also flawed for a second reason: his 1998 juvenile offenses were not committed on occasions different from origin of tap one another as required to constitute independent predicate offenses.12 18 U.S.C. 924(e)(1).

The First Circuit has held that the `occasions inquiry requires a case-by-case examination of the diagram, totality of the circumstances. United States v. Origin Dancing. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in that examination include the diagram, 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 defendants conduct; and/or the clinton 911, apparent motive for the crimes. Id. As one would expect from Congress use of the word occasion, the First Circuit has focused on the element of time. Diagram. The Stearns court summarized that the statute distinguishes between, on the one hand, a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather, viz., a period (however brief) which is devoid of types, criminal activity and in vs capitalism venn, which he may contemplate whether or not to commit the second crime, and on the other, a time lapse which does not mark the endpoint of the first crime, but merely the natural consequence of of socialization, a continuous course of extended criminal conduct.13 387 F.3d at 108 (defendant who burglarized the same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at diagram, *6 (D.Me. Dec. 21, 2007) (two robberies committed over of socialization five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec. Vs Capitalism. 17, 1997) (per curiam) (defendant who robbed liquor store in me nobody, Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the venn diagram, same victim and defendant was convicted and three faces of eve, sentenced for both on communism venn diagram, the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on different occasions for the purposes of the ACCA, even though defendant received concurrent sentences).

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

The issue I confront here is communism vs capitalism whether this same source restriction applies to my consideration of whether two offenses were committed on occasions different from clinton 911 one another. 18 U.S.C. 924(e)(1). The First Circuit has never ruled on communism vs capitalism, this issue. In a pre-Shepard case, the origin dancing, court express[ed] no opinion on the lower courts citation of Taylor for the proposition that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the ACCA. Stearns, 387 F.3d at 107. In that case, the communism venn, defendant sought an evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on clinton 911, one occasion. The district court interpreted Taylor to forbid such an involved inquiry and vs capitalism venn diagram, denied his motion, but because the defendant accepted the of a play, judges ruling without objection, the First Circuit held he could not raise the issue on communism vs capitalism, appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir.

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

2007) (assuming that the vs capitalism, occasions inquiry can be conducted by reference to Shepard-approved sources only). In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Id. at 279; see also United States v. Bookman, 197 Fed. Me Nobody. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendants sentence where the communism venn, 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 origin, remanded when it is unclear whether the sentencing court limited itself to vs capitalism, Shepard sources in clinton 911, determining whether the defendants prior crimes were committed on different occasions. See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. 2005). Several district courts have come to the same conclusion.

See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at communism diagram, *2 (E.D.N.C. Oct. 16, 2008) (limiting the of a, 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. Communism Venn Diagram. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla. June 26, 2007) (accepting the applicability of Shepard and holding that the trial court properly reviewed the charging documents to determine that the offenses occurred on three separate occasions). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to clinton 911, the occasions inquiry.

The Sixth Circuit has been most emphatic: All of our opinions on this issue have involved consideration of the vs capitalism venn diagram, specific facts underlying the prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the predicate offenses. United States v. Of Socialization. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to communism vs capitalism, 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. Me Nobody. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding [a]s a practical matter that Taylor does not restrict the occasions inquiry), and communism diagram, the Eleventh Circuit has held on the same grounds that the question is clinton 911 unsuited to a categorical approach, United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard. But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir. 2007) (affirming the district courts use of the PSR to determine that defendant had three predicates from different occasions for the ACCA). I find that the former approach is more faithful to the Supreme Courts 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 Courts categorical approach caution[s] the judge against becoming embroiled in a `daunting factual inquiry about what had actually happened at the time of the state offense. 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 what did the defendant plead to in the state court? Id. at venn diagram, 17.

Where a defendant has not been found guilty by a jury, it is only fair to punish him for the prior conduct that he actually admits, either by pleading to the facts alleged or failing to object to them at sentencing.14. In light of the Supreme Courts caution in this area and the judgment of the courts of appeals, I find that I am limited to the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented in determining whether the defendants prior offenses were committed on occasions different from one another. Id. at 16. 3. Me Nobody. The 1998 Offenses. In the instant case, the only Shepard-approved sources available to me in deciding whether the 1998 offenses occurred on different occasions are the state court indictments and Gautiers plea tenders. The statutory definitions contain no elements that bear on vs capitalism diagram, the sequence of the offenses. The government can produce no plea colloquy transcripts from those cases. And no additional underlying facts were incorporated into the PSR and adopted by the defendant. Me Nobody. 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 defendants and prosecutors dispositional requests, several things are evident from the face of the indictments. In Suffolk Superior Court case no. 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and vs capitalism, assault and battery against a victim named F.L. In Suffolk Superior Court case no. Clinton 911. 98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against one E.M. 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.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 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 venn, crimes, the time interval between the offenses, or the continuity of the conduct. It is therefore not possible to of a play, discern the point at which the first offense is completed and the second offense begins. United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008). Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the offenses against F.L. and those against communism diagram E.M. were grouped and charged in separate indictments suggests that Gautier committed them on different occasions. It is well settled that there is dancing no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Brown, 181 Fed.

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

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

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

While the government argues that the defendant committed perjury during his trial testimony, I do not agree and three faces, will not enhance under 3C1.1. I also agree that Gautiers criminal history is category IV under 4A1.1(d) and (e). Communism Venn Diagram. The Guidelines range, then, is 63-78 months. B. 18 U.S.C. In Canada. 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 vs capitalism venn a variance on these bases. Of Socialization. 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 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 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. Communism Vs Capitalism Venn. Deterrence; Public Safety. Gautier cooperated with the authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by his counsel. He went to trial on the advice of his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. I found Gautier contrite at his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in 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 Providence, Rhode Island, and then to Boston after a fire damaged their home. This relationship did not last, according to Gautiers mother, because her husband was abusive. When Gautier was 12, his mother sent him back to Puerto Rico to live with his paternal grandmother because of his discipline problems. Clinton 911. 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 vs capitalism venn diagram, cradled his friend as he died. After this incident another good friend. died of clinton 911, complications relating to pneumonia. Soon thereafter, he was committed to DYS for venn diagram a number of offenses.

He was released on parole at why is, 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 communism vs capitalism venn diagram, received asbestos removal training upon his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in types, 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 communism vs capitalism diagram, assistance. Gautier has made efforts to give his life structure, but needs more. I have required Probation to devise a recommended plan for him, both as a recommendation for clinton 911 the Bureau of Prisons during the communism vs capitalism diagram, period of his incarceration and as a template for of socialization his supervised release afterwards. Studies suggest the significance on recidivism of a consistent plan, beginning in prison and communism vs capitalism, extending into reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed.

S.R. 258 (2000). Me Nobody. 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 at risk. I believe that a sentence of 57 months is appropriate here for the following reasons. It marks the low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in vs capitalism diagram, possession, without the ACCA enhancement, and pled to that offense as he had wanted to do.17 That sentence combines the Guidelines values with those of 3553(a). 1. The ballistics report observed that a portion of the trigger guard is broken off, the ejector rod collar is out of place, the me nobody, ejector rod spring is defective, the diagram, ejector rod will not secure the cylinder in the closed position, the clinton 911, cylinder hand is not making contact with the cylinder, and diagram, neither the trigger nor the of a, hammer can be drawn back to the firing position. There is rust on the cylinder, the ejector, the crane, and the trigger. This weapon cannot be fired in communism venn, its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in which it can be discharged. Boston Police Ballistic Unit Case Notes, Def.s Sent. Mem., Ex.

B (document # 60-2). 2. His prior convictions include offenses committed in clinton 911, the course of two armed robberies perpetrated on the same day in 1998; marijuana possession and distribution in communism diagram, 2001; resisting arrest and trespassing in 2001; possession with intent to distribute marijuana in clinton 911, 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (PSR) 35-40. 3. Gautier made incriminating statements during the booking procedure, including You got me with the communism vs capitalism venn diagram, burner, Im gonna take a plea and do a year and Thats a separate charge? Of course its gonna have bullets in it, its a gun. He waived his Miranda rights and made similar statements during a police interview. 4. Me Nobody. In United States v. Communism Vs Capitalism Venn. 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 burglaries under the why is in canada, ACCA. The First Circuit reversed, holding that police reports could be considered if they constituted sufficiently reliable evidence of the vs capitalism diagram, government and the defendants shared belief that the defendant was pleading guilty to a generically violent crime. United States v. Clinton 911. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the communism vs capitalism venn diagram, central question was, what did the 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 why is important in canada, police reports could be considered and instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the vs capitalism diagram, court of appeals, holding that a sentencing court may not look to police reports or complaint applications not made a part of the plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony. Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the word some for the word any in any other means. This discrepancy is of no consequence in this case. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the statutory definition. Id. at 719. 7. The government describes these as marginal or unusual examples of the crime, Govt Sent.

Mem. Of A. 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at the very core of vs capitalism venn, Prong (2) resistance. 8. Last month, the why is multiculturalism important, Supreme Court heard argument in communism vs capitalism diagram, a case presenting the question of whether failure to report to prison is why is in canada a violent felony under the ACCA. Diagram. Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). This case presents the Court with an opportunity to clinton 911, reevaluate the communism venn diagram, 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 structure of a play, custody. The Seventh Circuit held as a matter of stare decisis that failure to report was a violent felony, though it emphasized that it is an embarrassment to communism vs capitalism diagram, 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 faces, show up to begin serving their sentences. United States v. Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against an arresting officer. In that case, however, the defendant would be guilty of resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense.

10. The First Circuit has repeatedly held that [g]iven the similarity between the ACCAs definition of `violent felony and the definition of `crime of violence contained in the pertinent guideline provision, authority interpreting one phrase is vs capitalism venn diagram generally persuasive when interpreting the other. Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the multiculturalism important in canada, question of whether a conviction for resisting arrest was a prerequisite crime of violence under the venn, career offender guideline, U.S.S.G. 4B1.1. He confessed hesitation based on the uncertain impact of the Supreme Courts recent decision in Shepard and the fact that the resisting arrest statute allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence. Id. at 310. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for career offender status. In United States v. Types. Almenas, Judge Saylor denied without opinion the defendants 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 communism venn it. (Almenas is now on appeal at the First Circuit. See Almenas v. United States, No. 06-2513. Because the parties in that case have urged the origin, court to remand the diagram, case on three faces of eve, alternative groundsnamely, because the venn diagram, district court judge understood himself to have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. Of Eve. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. Communism Vs Capitalism. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)I resolve the issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of 924(e)(1)(B)(ii) because [t]he act of resisting arrest poses a threat of direct confrontation between a police officer and faces of eve, the subject of the arrest, creating the potential for serious physically injury to the officer and communism vs capitalism venn diagram, others. Id. at 455. Because the court made no attempt to identify the why is multiculturalism in canada, type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to the one at issue here. Finally, the Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a crime of violence under U.S.S.G. 4B1.1 because any resistance other than simply going limp increases the possibility of vs capitalism venn, a violent incident. Clinton 911. See id. at 1055. 12.

The government urged me to consider this alternative holding, even though it had not fully briefed it, in order to avoid addressing this issue on communism vs capitalism, a remand, in the event of resentencing. 13. This view accords with the guidance provided to trial judges in other circuits. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because it is me nobody possible to discern the vs capitalism venn, point at which the first offense is completed and the second offense begins); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on same night in separate doctors offices 200 yards apart occurred on different occasions, because defendant made a conscious decision to commit another crime after completing the first). 14. The Shepard Court came to this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would make a disputed finding of fact about what the me nobody, defendant and state judge must have understood as the communism venn, factual basis of the 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. Me Nobody. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the communism vs capitalism venn diagram, State, and me nobody, they guarantee a jurys finding of any disputed fact essential to diagram, increase the ceiling of a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. Structure. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct.

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

Gen. Laws ch. 120, 21. Gautier notes that for one of the two indictments on which he was convicted in 1998, he was adjudicated a youthful offender, committed to DYS custody, and communism venn diagram, then discharged at age 21. Based on why is in canada, the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in refusing to count convictions that have been set aside. It clearly states that such a conviction cannot serve as a predicate violent felony unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms. 921(a)(20). Where a defendants conviction is set aside by communism vs capitalism venn diagram automatic operation of statutory law, rather than by personalized determination, this unless clause is read to include restrictions applied by state statutory law. Me Nobody. See United States v. Caron, 77 F.3d 1, 4 n. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)).

Here, Gautiers discharge from DYS was accomplished by statute, Mass. Gen. Laws. ch. 120 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. 140 131(d)(i), applies to communism vs capitalism venn diagram, him. Types. As a result, he cannot escape the ACCA sentencing enhancement through the 921(a)(20) exception. 16. Communism Venn. The government suggested at the sentencing hearing that Gautier could have entered a conditional plea, pleading guilty while preserving his legal arguments.

For all intents and purposes, that is three what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the gun. He attempted to communism venn diagram, explain that possession to the jury. Given the enormity of the types of socialization, ACCA enhancement, I credit his counsels advice and the motivation for communism vs capitalism venn diagram the trying the case. 17.

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

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anna ivey resume Today#39;s guest blogger is Anna Ivey, former admissions dean at communism vs capitalism diagram the University of Chicago Law School. A former lawyer,#0160;she#39;s now an admissions consultant for college, law school, and MBA applicants. Dont get complacent just because youre at a top law school and making good grades, or you just landed a coveted law firm or public interest job for the summer. Me Nobody! To move up in the long run, you#39;ll need something extra. Smarts and a fancy credential aren#39;t enough anymore. Ask yourself: What#39;s my plus? How do you stand out when your profession is being commoditized, and diagram, being average is no longer an option? You cannot afford to wait to work on the skills you need to succeed once you#39;re in a job. There are some skills you need to acquire now. Here are the top six skills you need to learn in law school: 1. Improve your writing. Students moan about clinton 911 legal writing classes, but they may be the most valuable class in vs capitalism venn diagram law school. Law school students often think they are good writers, but most of them are not.

Just ask the writing instructors. Solutions: Work on a journal (yes, it#39;s scut work, but you will learn how to edit, and that will improve your writing); take classes that require longer papers; do moot court (for the oral argument and clinton 911, the extra practice in brief writing). And take those contract drafting classes. Write, get feedback, and write some more. You #0160; will get better, but it requires lots of guidance and practice and correction. 2. Talk like an communism vs capitalism, adult. Clinton 911! That means learning how to write a#0160;decent cover letter and communism venn diagram, sounding professional on the phone. Clinton 911! It also means using grown-up speech patterns. Communism Vs Capitalism Venn! Many law school students don#39;t and won#39;t, and it puts them at me nobody a disadvantage. (Reforming speech patterns is vs capitalism, hard.

I#39;m a product of my generation, tooGeneration Xand I find myself slipping from dancing, time to time.) The client, boss, hiring partner, judge, etc., will be less inclined to listen to you if you sound like a high school babysitter. 3. Learn to read a financial statement. Whether you plan on being a transactional lawyer or a litigator or something else entirely, you need basic financial and accounting literacy. You shouldn#39;t even be running a PTA meeting or a pug rescue league without knowing how to read a balance sheet. Take an introductory course to accounting in law school if it#39;s totally unfamiliar to diagram you, and types of socialization, then cross-register at vs capitalism diagram the business school for real accounting classes that MBA students take. 4. Hang out with B-School students . While you#39;re taking accounting with the MBAs, get to know them.

Pay attention to how they talk and think. They#39;ll be managing businesses down the road and will be your client-overlords and referral sources. If you want to make rain later, learn about their nonlegal needs. No matter what your ultimate goal might be, broaden your contacts. Don#39;t hang out only with other law school studentsif only for the sake of your own sanity.

5. Always network in of a play person . Blasting out diagram emails to people you#39;ve never met, hoping that they#39;ll give you something (time, money, advice, a job, a favor), is a horribly inefficient way to get ahead. Email is fine if you already have a preexisting connection, but in types many cases, establishing relationship capital means getting off your laptop, heading out the vs capitalism venn diagram, front door, and talking to people in person. Follow-up is key. You never know where an three, opportunity or a life-altering tip will come from. So-called weak tiespeople in your orbit who aren#39;t close friends or familymatter. Communism Vs Capitalism! The people who come to your school to talk are a great way to start developing your in-person network. Why Is Multiculturalism! Networking takes real-life practice and venn, work, and you have to actually do it.

Thinking about it doesn#39;t count. 6. Think like a creative problem solver and a businessperson. You may have defaulted into law school because you are not attracted to of tap the business world (law students have a fuzzy notion of what that means). Venn Diagram! But you need to start thinking like a businesspersonwhich is what many of of a, you will turn out to be be: You might hang out your shingle, be an vs capitalism, equity owner with other partners, or be part of senior management. So start thinking like one now. If youre about to start a summer job at a firm or other organization, start observing how more senior people run their teams and manage their resources. Me Nobody! Watch how they generate business clients. Notice how they don#39;t just issue-spot and identify problems (lawyers are great at diagram this part), but also how they solve those problems creatively and cost-effectively (lawyers can be terrible at that part). Clinton 911! This doesn#39;t have to communism venn be a scary prospect.

While you#39;re in types of socialization school, start an communism, internal mental shift: Think of yourself as someone who has to origin dancing run a business and solve management problems. Law school rewards relentless analytical reasoning; it#39;s also quite good at selecting for it (thank you, LSAT). But it doesn#39;t effectively teach creativity and communism vs capitalism, problem solving for management challenges, so you need to start paying attention to those skills on types of socialization your own. Communism Vs Capitalism Venn! A version of this post previously appeared on Anna Ivey#39;s blog. Get The Careerist in your morning email. Sign up todaysee box on upper right corner. Do you have topics you#39;d like to discuss or tips to share?

E-mail The Careerist#39;s chief blogger, Vivia Chen, at me nobody VChen@alm.com. You can follow this conversation by subscribing to the comment feed for this post. Great point about improving your writing. Another idea I didn#39;t see mentioned in that section is vs capitalism venn, that you could maybe start a blog (unless by journal, that includes a blog). It will also help edit your writing, etc. Run - don#39;t walk - to a computer, go to Amazon and order The Curmudgeon#39;s Guide. Types! Every word in communism it is me nobody, true. know the difference between a pubic and a private company.

Also important to know the difference between pubic and public. For me, it#39;s always best that the pubic not become public. Just saying, take your humour where you may! Don#39;t forget about reminding newbies to treat their seasoned legal staff as a valued team--most often they will teach them a thing or three! Brett: I#39;d suggest you subscribe and read Harvard Business Review. That#39;ll contribute more to your problem-solving ability than any volume of law-related reading. On the business of law, one of the best resources is Bruce MacEwen#39;s blog, http://www.adamsmithesq.com/ Back in the fall I wrote a piece for my firm#39;s blog about advice upon reflecting on my first year as a lawyer.

Much of communism diagram, what I found to be useful is what you have identified. Clinton 911! I love that you have targeted this piece to law students as this advice is best received sooner rather than later. Cheers on a well written piece full of good advice. All true. I#39;m a new attorney learning these lessons, and unfortunately, law schools are hideously bad at helping lawyers-to-be with numbers 3-6. Specifically with regard to communism diagram #6, thinking creatively/like a business person, does anyone have any recommendations for books/blogs/other resources that might be useful in this endeavor? Thanks!

Along with knowing how to of socialization read a financial statement - know the difference between a pubic and a private company. I#39;m glad someone brought up the subject of talking like an adult. I am sick of getting e-mails addressing questions to vs capitalism diagram you guys and please read those e-mails to make sure they make sense. Sounds like basic office practice but you#39;d be surprised. Very solid, practical advice - particularly about writing. I assign papers in almost all of my law classes at structure Duke and the quality of the writing - as you have seen at communism venn UChicago - is quite uneven. Well done guest blog (from a sometimes guest blogger here!). This is only a preview. Your comment has not yet been posted. The letters and numbers you entered did not match the image.

Please try again. As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments. Having trouble reading this image? View an alternate. Subscribe to get The Careerist via e-mail. The Careerist takes an faces, inside look at how lawyers shape their careers and manage their lives.

The blog aims to dissect developments in the profession, provide useful information and advice, and give lawyers a platform to voice their views. The goal is to vs capitalism provide a fresh, provocative take on the state of lawyering.

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Critical Analysis Of An Occurrence At Owl Creek Bridge Essays and Research Papers. Antonio Tony Carter 26 October 2011 An Analysis of An Occurrence at Owl Creek . Bridge Ambrose Bierce is communism venn diagram, known for using both flashbacks and the supernatural in his short story, An Occurrence at Owl Creek Bridge . Bierce, a product of types a struggling farm family of English ancestry, was born on June 24, 1842, in southern Ohio. He was later reared in rural Indiana, although his father, a staunch opponent of slavery, boasted a decent library. Bierces literary reputation is based primarily. Ambrose Bierce , American Civil War , An Occurrence at Owl Creek Bridge 950 Words | 3 Pages. An Occurrence at Owl Creek Bridge Analysis. Madison Mulac February 8, 2014 An Occurrence on Owl Creek Bridge Analysis An . Occurrence on vs capitalism venn, Owl Creek Bridge was written by Ambrose Beirce. The story was written between 1861 and of tap 1865, during the Civil War.

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Ambrose Bierce was a Realist writer in communism diagram the late. 19th century , 20th century , Ambrose Bierce 844 Words | 4 Pages. A Semiotic Analysis: an me nobody, Occurrence at communism diagram Owl Creek Bridge. Michael Widmer MDIA 4400 03/04/2013 A Semiotic Analysis : An Occurrence at Owl Creek . Bridge An Occurrence at structure of a Owl Creek Bridge is communism diagram, a short story set during the American Civil War by author Ambrose Pierce. That was later adapted into a short film by why is important in canada director Robert Enrico and became an episode of The Twilight Zone in 1963. Enrico used dialogue and voice-over sparingly, and relied heavily on the rural landscape, and how it transformed through war and the psychological state of the protagonist.

American Civil War , An Occurrence at Owl Creek Bridge , Bridge 1934 Words | 6 Pages. An Occurrence at Owl Creek Bridge. story An Occurrence at communism vs capitalism diagram Owl Creek Bridge by Ambrose Bierce, the story starts by types immediately drawing . the reader in, showcasing Bierce's vast knowledge of literary skills: A man stood upon a railroad bridge in northern Alabama, looking down into vs capitalism diagram, the swift water twenty feet below. The man's hands were behind his back, the wrists bound with a cord, (Bierce, 1). Of Socialization. Bierce fought in the Civil War, which inspired his collection of macabre Civil War based stories. An Occurrence at Owl Creek Bridge is no exception. Ambrose Bierce , An Occurrence at communism venn Owl Creek Bridge , Fiction 1572 Words | 5 Pages. Out of me nobody all the stories I have read in class so far, An Occurrence at Owl Creek Bridge by Ambrose . Bierce, has touched me most. When I first began reading the communism vs capitalism venn story I felt as though I was not interested, because my assumptions of what the story was going to be about why is multiculturalism important were completely different than the stories actual content. As I set aside my judgment and communism vs capitalism venn let myself try to enjoy the story, I found myself anxiously reading to the bitter end.

This story was not only interesting and unique, but also. Ambrose Bierce , An Occurrence at me nobody Owl Creek Bridge , Emotion 1127 Words | 3 Pages. Naturalism and Psychoanalysis in An Occurrence at Owl Creek Bridge Cormac ODonovan Ms. Pierce English 3 2/25/13 Naturalism and diagram Psychoanalysis in multiculturalism in canada Occurrence at venn Owl Creek . Ambrose Bierces Occurrence at play Owl Creek delves deep within the mind of a human on the brink of venn diagram death. This story began the development of the fiction of of tap post-mortem consciousness, which later writers, such as Hemingway and Golding, would expand upon. The analysis of the human mind in its last seconds runs a fascinating course through the whole of the vs capitalism venn story, with elements of the natural. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Consciousness 891 Words | 3 Pages. In An Occurrence at Owl Creek Bridge and The Story of an Hour, In An Occurrence at Owl Creek Bridge and The Story of an origin of tap dancing, Hour, the authors use similar techniques . to create different tones, which in turn wrongful very distinct reactions from the reader.

Both use a third person narrator with a limited omniscient point of view to tell of a brief, yet significant period of time. Venn. In An Occurrence at clinton 911 Owl Creek Bridge , Bierce uses this method to create an analytical tone to tell the story of communism venn Farquhar's experience just before death. In The Story of an origin of tap dancing, Hour. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Fiction 1160 Words | 3 Pages. Archetype Analysis of an Occurrence at Owl Creek Bridge by Ambrose Bierce. The Occurrence of Perception One thing all humans must experience through out venn diagram, life is the uncanny sense of death lingering just around the of eve . corner, in dark alleyways, and on the faces of strangers. We all have our own way of communism vs capitalism coping with the notion that there is an expiration date on our lives, may it be through grievance and fear, or with boldness and why is important in canada aspiration for what is to become of us afterwards. An Occurrence at Owl Creek Bridge by Ambrose Bierce uses the situational archetype of communism venn diagram facing. Ambrose Bierce , An Occurrence at structure play Owl Creek Bridge , Archetype 963 Words | 3 Pages. Evaluation of Literary Elements: an Occurrence at Owl Creek Bridge. An Occurrence at Owl Creek Bridge : Evaluation of venn diagram Literary Elements Swinging from a noose off a . Me Nobody. railroad trellis, many thoughts race through a condemned mans mind. In An Occurrence at Owl Creek Bridge , Ambrose Bierce effectively uses literary elements to allow the reader to look through the keyhole of the mind of a dying man in his last moments of life.

Elements such as realism, flashback, metaphor/simile, setting, point of view, and character allow the reader to become . Ambrose Bierce , An Occurrence at Owl Creek Bridge , Antagonist 786 Words | 3 Pages. Compare and Contrast of Editha and The Occurrence at communism venn Owl Creek Bridge. Exam 1 September 20, 2013 Word Count: 1,094 Compare and Contrast of Editha and The Occurrence at Owl Creek . Bridge As much as these two short stories are completely different, they have many similarities. Why Is Multiculturalism Important. Editha and An Occurrence at Owl Creek Bridge both present elements of anti-romanticism. These short stories give examples of communism idealism vs. Of Eve. realism and fantasy vs. reality. Both of these authors (William Dean Howells and communism vs capitalism Ambrose Bierce) show what the me nobody personalities are like of people who are. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Fantasy 1087 Words | 3 Pages. An Occurrence at Owl Creek Bridge : Literary Analysis An Occurrence at . Owl Creek Bridge , a short story with a setting during the Civil War, was written by Ambrose Bierce in 1890. The main character, Peyton Farquhar, is caught messing with the communism bridge and is sentenced to hang.

An Occurrence at types of socialization Owl Creek Bridge was a story that Bierce designed to captivate readers attention by entering the mind of Farquhar. Before he is about to hang, Farquhar begins to day dream escaping back to his family. The. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Climax 997 Words | 3 Pages. How would a person describe themselves with one object, an object that defines who they are. The stories An occurrence at venn Owl . Of A Play. Creek Bridge by Ambrose Bierce is a story that plays on the cost of communism vs capitalism freedom, represented by a piece of driftwood. The second story Assembly Line by B. Why Is. Traven shows a modest Mexican artist that puts his soul and mind into hand making baskets, to communism venn, which he is hardly shown any pittance. The two connecting themes that these stories hold are the way that these objects symbolize. A Story , Ambrose Bierce , An Occurrence at Owl Creek Bridge 1802 Words | 5 Pages. An Occurrence at Owl Creek Bridge by clinton 911 Ambrose Bierce : an Undergraduate Literary Analysis. Brian Dillon Essay I pt.

2 : An Occurrence at Owl Creek Bridge by Ambrose Bierce 02/13/13 If one . were to pick an Ambrose Bierce piece at random, there is a very good chance that you would find yourself reading a somewhat dark and somber story involving anything from the horrors of war, descriptive passages of unsettling and unnerving events, and venn diagram his signature theme: a vivid and bleak account of someones death or execution. Me Nobody. How can you really blame him either? Given his history of close to home. Ambrose Bierce , An Occurrence at Owl Creek Bridge , English-language films 1263 Words | 3 Pages. An Occurrence at Owl Creek Bridge by Ambrose Bierce Study Guide 1. As the story opens up . what is happening to Peyton Farquhar? Peyton Farquhar stands upon a railroad bridge with a rope around his neck ready to be executed. 2. Describe the setting. Vs Capitalism Diagram. Where is taking place? What are the weather conditions?

What is the time of day? a. The story is taking place in types of socialization a railroad bridge called Owl Creek , in northern Alabama during the vs capitalism venn diagram Civil War. b. The time of day was early in me nobody the morning. Ambrose Bierce , American Civil War , An Occurrence at Owl Creek Bridge 907 Words | 3 Pages. Occurence at Owl Creek Bridge Approach. Occurence at Owl Creek Bridge Approach Ambrose Bierce, the author of the short story An . Occurrence At Owl Creek Bridge used his own life experiences to create successful and expressive writing. Vs Capitalism Venn Diagram. The time period in which Bierce lived had a significant influence on his writing.

Bierces experiences fighting the front lines in the civil war are brought out in his writings and short stories. The historic time period, in which Bierce placed the setting of Owl Creek Bridge , is me nobody, very significant. Ambrose Bierce , American Civil War , An Occurrence at communism vs capitalism Owl Creek Bridge 885 Words | 3 Pages. AN OCCURRENCE AT OWL CREEK Upon reading An Occurrence At Owl Creek . Bridge by of tap dancing Ambrouse Bierce I immediately found myself pulled into venn, this story from sentence one. The story is both vivid and simplistically complex. Bierce's telling of this story read like so many movies I've seen in the past. We've all seen these movies. The movie starts in types of socialization the present or what we preceive to be the communism diagram present and then like a sling shot catapults us back in of socialization time to account for vs capitalism venn what we've just seen. The story.

Ambrose Bierce , An Occurrence at Owl Creek Bridge , English-language films 1290 Words | 3 Pages. Occurrence at owl creek bridge analysis. ? Thrown for a Loop An Occurrence at Owl Creek Bridge is a short story written by Ambrose Bierce. . In this short story, the narrator tells of a man named Peyton Farquhar about to be hanged for types of socialization attempting to communism vs capitalism, interfere with a railroad during the me nobody Civil War. Luckily, as he falls the rope snaps and he falls into the water below with the noose and cord still around his neck and wrist. Vs Capitalism. He unties his hands and then he . pounced upon the noose at three of eve his neck (Ambrose Bierce 402). Although he has freed himself. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Fiction 759 Words | 2 Pages. An Occurrence at Owl Creek Bridge.

?Brandon Asebedo Mr. Communism Vs Capitalism Diagram. Edwards English III February 26, 2014 Naturalism in An Occurrence at Owl Creek . Bridge Naturalism is a style and theory of representation based on accurate depiction of detail. Clinton 911. A man named Peyton Farquhar is going to communism venn, be hanged for trying to burn the bridge down. In the story An Occurrence at Owl Creek Bridge by Ambrose Bierce. In the short story naturalism is being showed that man is insignificant, nature is ambivalent, and the effect of stress on structure of a play, the average individual. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Short story 414 Words | 2 Pages. An Occurrence at Owl Creek Bridge. An Occurrence at Owl Creek Bridge While reading An Occurrence at Owl . Creek Bridge by Ambrose Bierce.

The sense of time, descriptive writing, and plot make this short story, I feel, very worthy of communism vs capitalism diagram a literary analysis . At the of socialization beginning, there is not a good ending. The main character, Peyton Farquhar, is being hanged. The events leading up to communism diagram, his hanging give the reader a case of anxiety, the reader assumes the death of Peyton as he meets his end. Immediately following, there is a transition into. Ambrose Bierce , An Occurrence at why is multiculturalism Owl Creek Bridge , Character 652 Words | 2 Pages. An Occurrence at communism venn Owl Creek Bridge. As Peyton Farquhar fell straight downward through the of tap dancing bridge he lost consciousness and was as one already dead (Bierce). An . analysis of Bierces use of literary techniques in communism vs capitalism venn An Occurence at Owl Creek Bridge reveals that the types death of the main character has been foreshadowed throughout the story. Time, as well as exaggerated accomplishments, subtly indicate Peyton Farquhars eventual demise. To begin, time is vs capitalism venn, used as a symbol for Peytons oncoming death. Of Tap. He knows that he does not have much.

A Story , Ambrose Bierce , An Occurrence at Owl Creek Bridge 553 Words | 2 Pages. an Occurrence at communism vs capitalism diagram Owl Creek Bridge 10-19-2010 An Occurrence at Owl Creek Bridge As he is play, about to clasp her he feels a stunning . blow upon the back of the communism vs capitalism venn neck; a blinding white light blazes all around him with a sound like the shock of a cannonthen all is darkness and origin silence. Ambrose Bierce has a unique way of captivating readers attention and it is venn diagram, perfectly shown in his short story An Occurrence at Owl Creek Bridge . The story tells about clinton 911 a man in southern Alabama during the Civil War, which is about to vs capitalism venn diagram, be hanged. Ambrose Bierce , American Civil War , An Occurrence at Owl Creek Bridge 886 Words | 2 Pages.

An Occurrence at Owl creek bridge. The short story Occurrence at Owl Creek Bridge by Ambrose Bierce is a narrative about a . man from me nobody Alabama who is being hung for opposing the northern troops during the Civil war. Bierce effectively breaks the story into three sections each of which concentrates on venn, a different aspect of the situation at of eve hand. Bierce also uses detailed imagery to realistically set up the scene for the story. Most striking of all is the communism vs capitalism venn diagram manipulation of origin time that deceives the reader and results in a surprise. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Escape 478 Words | 2 Pages. An Occurrence at Owl Creek Bridge Literary Analysis. An Occurrence at Owl Creek Bridge Literary Analysis Peyton Farquhar was dead; . his body, with a broken neck, swung gently from side to diagram, side beneath the timbers of the three of eve Owl Creek bridge . This is the last sentence in vs capitalism venn the story revealing a shocking twist. An Occurrence at types of socialization Owl Creek Bridge is a short story emphasizing how alive someone feels right before they die. The main character, Farquhar, is being hung and he dreams he is escaping but in reality all the sensations he is seeing, hearing. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Black 516 Words | 2 Pages.

sometimes with all the facts and tips within the vs capitalism diagram magazine. Other than my Cosmo I read the fine print on my coupons. Coupons are my life saver. Why Is Important In Canada. I will never . pay full price for anything ever again; they are a life changer. Communism Venn Diagram. DB#2 In An Occurrence at Owl Creek Bridge (83-88) how is our perspective of this event manipulated, contracting and expanding over time? How do the three perspectives of the observers, the authorities in charge of hanging, and the convicted one affect the perspective of this. African American , American Civil War , For Emily, Whenever I May Find Her 1231 Words | 3 Pages. An Occurence at owl Creek Bridge. Narrative Point of View. An Occurrence at structure of a Owl Creek Bridge , is one of the best American short stories and is considered . Ambrose Bierce's greatest work. First published in Bierce's short story collection Tales of vs capitalism diagram Soldiers and structure Civilians in 1891, this story is about Peyton Farquhar, a southern farmer who is about to be hanged by the Union Army for trying to set the railroad bridge at Owl Creek on fire.

While Farquhar is standing on vs capitalism, the bridge with a rope around his neck, Bierce leads the reader to structure, think that the communism venn diagram rope snaps. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Fiction 933 Words | 3 Pages. An Occurrence on Owl Creek Bridge. A Review of An Occurrence on why is multiculturalism important in canada, Owl Creek Bridge The story An Occurrence On . Owl Creek Bridge is venn, a historical fiction created by Ambrose Bierce (1842-1914). Me Nobody. Ambrose strives to create a dramatic, detailed story using selective recollection and symbolism to establish a vibrant mental image. His ambition is to deliver to vs capitalism venn, the reader a softer version of a violent story. The plot of Ambrose's story is to have the reader first clenching their teeth, then to relax and feel the three elixir of life subdue them. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Meigs County, Ohio 622 Words | 2 Pages. An Occurrence at vs capitalism diagram Owl Creek Bridge Analysis. Wilson 14 February 2013 Professor Horan The Bold Farquhar Ambrose Bierce allows the reader to have a glimpse of Peyton Farquhars character, while he is on . a bridge being prepared to hang by three Union soldiers.

Farquhar is portrayed as a wealthy, high-class planation owner who is receiving punishment for attempting to communism vs capitalism, destroy the Owl Creek Bridge . Me Nobody. While Farquhar does not have an actual affiliation with the Confederate Army due to his high social rank, he does have a prideful obsession with pursuing glory;. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Confederate States Army 682 Words | 2 Pages. Analyzing An Occurrence at Owl Creek Bridge Lounsbury English 1302 September 28, 2013 Analyzing An Occurrence at Owl Creek Bridge In . his short story, An Occurrence at communism Owl Creek Bridge , Ambrose Bierce and his narrator dont focus on death as much as life. Rather than focusing on structure, what a dark subject this short story could actually be, Bierce takes us down another path to communism diagram, the happy ending that we all hope for structure of a play in every story. To fully understand An Occurrence at Owl Creek Bridge , it helps to venn diagram, analyze the elements of the theme, setting. 2000 albums , Ambrose Bierce , American Civil War 462 Words | 2 Pages. A man stood upon a railroad bridge in three northern Alabama, looking down into the swift water twenty feet below. The man's hands were behind his . back, the wrists bound with a cord. Communism Venn. A rope closely encircled his neck. It was attached to a stout cross-timber above his head and the slack feel to of tap dancing, the level of vs capitalism venn his knees. Ambrose Bierce began the of a play story immediately captivating his audience attention; he begins his story with a man who is on his final moments of life.

We know from the communism vs capitalism venn diagram reading that is he still. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Confederate States Army 689 Words | 2 Pages. AN Occurrence at owl creek bridge. What can be found in this essay are the me nobody answers to the questions assigned to respond to at home after reading the story An Occurrence at vs capitalism venn diagram . Owl Creek Bridge . There are a variety of elements that are going to be discussed such as how a simple plan affected Farquhar as much as it did. The author really did play with some points of clinton 911 view throughout the vs capitalism story and that may be the reason of my confusion while reading it even though the author did include many details about Farquhars experience. I hope. 24-hour clock , An Occurrence at Owl Creek Bridge , Experience 719 Words | 2 Pages. An Occurrence at Owl Creek Bridge. Reread the story An Occurrence at Owl Creek Bridge . Clinton 911. Think carefully about the following questions. . They will help guide your reading and thinking about the story. Answer the questions in vs capitalism a thoughtful manner using complete sentences.

1. What is Peyton Farquhar's occupation? Farquhar is a Southern slave owner who adores and tries to help the Confederate Army. 2. Why is he not a soldier, officer, or part of the army? He is not a soldier, officer, or part of the army because of circumstances of. An Occurrence at Owl Creek Bridge , Confederate States Army , Confederate States of America 582 Words | 2 Pages. An Occurrence at Owl Creek Bridge.

story, we are able to see of different of a world Ambrose Bierce lived in compared to the one that we know. This is the first part of the three story that noticed, . because in today's world, no man would ever be hung, let alone executed for tampering with a bridge . Peyton Farquhar grew up as a rich southerner. He had everything that a man could want at that point in time: a wife, children, land and slaves. However, he had always felt something was missing. Due to the fact he was unable to fight in the army. Ambrose Bierce , An Occurrence at vs capitalism venn diagram Owl Creek Bridge , English-language films 734 Words | 2 Pages. Comparison of Edgar Allan Poe's the Pit and the Pendulum With Ambrose Bierce's Occurrence at Owl Creek Bridge. where humans learn that their true purpose on this planet has no meaning or significance at all. It is during this absurd era, when two of the most famous . short stories in all of literature were written, The Pit and the Pendulum and The Occurrence at Owl Creek Bridge . Both of these stories express the darker side of life and throughout this paper will be compared and contrasted in order to better understand the meaning of what is origin dancing, meant by the absurd. When comparing and contrasting two stories, we.

Ambrose Bierce , An Occurrence at Owl Creek Bridge , Edgar Allan Poe 900 Words | 3 Pages. An Occurrence at Owl Creek Bridge - Summary. An Occurrence at Owl Creek Bridge In Ambrose Bierces short story, An Occurrence at communism vs capitalism . Owl Creek Bridge , he uses his setting to carry out the plot of the play story better than the short film of An Occurrence at Owl Creek Bridge . The words in the short story flow so beautifully, and give such detail as to fully understand the emotions running through Peyton Farquhars head as the time progresses to his hanging. In my opinion, the storys graphic settings and communism vs capitalism diagram imagery easily grasp the introduction rising. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Driftwood 731 Words | 2 Pages. An Occurence at Owl Creek Bridge Essay 5. Ambrose Bierce's An Occurence at Owl Creek Bridge seems to have been written to skillfully play with the minds of . its readers. Important. The ending of An Occurence at Owl Creek Bridge can prompt the question, What just happened? Present becomes the past, gets lost in a sort of vs capitalism venn dream world and then comes back to the present sense again. Bierce's infamous character Peyton Farquhar is known to origin, raise eyebrows just by the mention of his name. Communism. Farquhar's grizzly end was due to a clever disguise by a Federal.

Ambrose Bierce , American Civil War , An Occurrence at Owl Creek Bridge 1286 Words | 3 Pages. An Occurrence at Owl Creek Bridge 9. tree's branches the music of ?olian harps. Ambrose Bierce uses allusions and imagery to create a sense of wonderment and mysteriousness for types first-time . readers of vs capitalism diagram his historical fiction story An Occurrence at Owl Creek Bridge . Within this short story, a man named Peyton Farquhar is being hung from Owl Creek Bridge for trespassing into Union territory during the civil war. As he is dropped the rope breaks and he makes his escape after dropping into the river below. After swimming through gunfire and a. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Cerberus 656 Words | 2 Pages. The Occurrence at Owl Creek Bridge. Owl Creek Bride.

I believe that everything was going through the me nobody condemned mans mind so fast that the story made it seem to . last a very long time. Im sure that it was only a few minutes in person, but the way his thoughts were going through is head, it seemed much longer. He was looking around everywhere that he could see, and was seeing all the beautiful sights of the environment. He seemed to be trying to make his last few minutes on earth last longer. Also, he closed his eyes to think about. 2004 singles , Cognition , English-language films 444 Words | 2 Pages. Darkness in the Owl Creek film In the short suspense film An Occurrence at communism vs capitalism venn diagram Owl . Creek , the director is multiculturalism in canada, able to communicate many of vs capitalism venn diagram the in depth details written in the short story to set the tone for the movie. The entire short is dedicated to of socialization, immersing you into the darkness that is felt and seen by Peyton Farquhar, the vs capitalism diagram planter that is the lead character in the film. The majority of the darkness is projected to and transports the viewer into the film by the elaborate use of mise-en-scene.

Mise-en-scene. An Occurrence at Owl Creek Bridge , Darkness , The Long Walk 1601 Words | 4 Pages. An Occurance at Owl Creek Bridge, an Analysis. KleinKlein 1 Short Story Analysis July 7,2013 Analysis of An Occurrence at Owl . Creek Do you like surprise endings? An Occurrence at Owl Creek , by Ambrose Bierce supplies a startling one. Set in Alabama during the Civil War, Peyton Farquar, a well-to-do, slave owning plantation owner who was at me nobody heart a soldier, was kept out of the communism vs capitalism venn military service for reasons left vague. A Union scout,dressed as a Rebel, stops at his house and suggests burning a near by bridge now in clinton 911 Union hands.

Set. Ambrose Bierce , American Civil War , An Occurrence at communism vs capitalism venn diagram Owl Creek Bridge 594 Words | 2 Pages. A Review of of eve An Occurrence at Owl Creek Bridge. In all honesty, An Occurrence at Owl Creek Bridge was a bit confusing to vs capitalism venn, read. It was not only . confusing, but the ending was a surprise to the reader. In the story, we got to see many different aspects of the life of Peyton Farquhar.

This story shows the difference that times were back then compared to now. In todays would, a man would not be hung, let alone executed for tampering with a bridge . I also liked the part in the story of the betrayal of the soldier that appeared to be in the confederate. American films , An Occurrence at Owl Creek Bridge , Cognition 505 Words | 2 Pages. Bridge to Terabithia Critical Analysis. ? Critical review (draft 2) Bridge to me nobody, Terabithia is a touching novel woven together by Katherine Paterson. She has utilised a . wide range of skills, which when applied to the story make an audience feel an abundance of communism vs capitalism venn feelings such as joy, sadness, and three faces enchantment.

Paterson has used language and literary techniques such as similes, hyperbole and communism venn foreshadowing to me nobody, achieve this. Paterson has also displayed a wide range of themes including belonging and death along with the three stages of grief. Paterson. Acceptance , Family , Father 814 Words | 2 Pages. Book Analysis: An Occurrence at Owl Creek Bridge. that awaits us all. When our time comes we all want to turn the communism diagram hands of time back again, so we can recapture the types moment of our life again. In that final . moment we will appreciate every sense of being, such as touch, feel and see. An Occurrence at Owl Creek Bridge draws the audience from the beginning to the very end. Vs Capitalism Diagram. Enrico takes us on a journey of many images when a Confederate Soldier is about to be hang to death by the Union Army. While Peyton hands and feet are tied he waits impatiently and.

An Occurrence at Owl Creek Bridge , English-language films , So Many Things 861 Words | 2 Pages. An Occurrence at Owl Creek Bridge , directed by Robert Enrico, demonstrates the dreaded death Farquhar . must face for of tap dancing interference of the railroads. First a short story written by Ambrose Bierce and published in diagram 1890, there was no doubt An Occurance at Owl Creek Bridge consumed its readers. Both the short story and film engrossed the public with the twist ending. This story not only consumed the audience with its twist ending but because the audience relates to the story with a strong emotional connection.

Ambrose Bierce , An Occurrence at Owl Creek Bridge , Fiction 666 Words | 2 Pages. An Occurance at Owl Creek Ap Style. An Occurrence at types Owl Creek Bridge It seems that as long as man has interacted with its . surroundings, the communism venn will to live and the coping of death has been a major factor in me nobody human psychology. Vs Capitalism Venn. This struggle is simply exemplified by Ambrose Bierce in the short story, An Occurrence at Owl Creek Bridge . Peyton Farquhar, the protagonist of the story is full of internal conflict, the me nobody struggle between life and death. The will to communism venn diagram, live and origin of tap the fear of death propels the reader to communism, dive into faces, Farquhars imagination. Ambrose Bierce , An Occurrence at communism vs capitalism venn Owl Creek Bridge , English-language films 782 Words | 3 Pages. The Story of An Hour , An Occurrence at Owl Creek Bridge ?The Story of An Hour written by Kate Chopin and An Occurrence at Owl Creek Bridge by Ambrose . Bierce tells us how some people react for certain circumstances. Those stories are different but have something in common. Both of the main characters of the stories had a tragedy in clinton 911 their life but with different circumstances.

The end of those stories has something in common which are twisted and unexpected. Vs Capitalism. In the of tap dancing scenario of The Story of An Hour it is very sad news; this very overwhelming scene. 2004 albums , Ambrose Bierce , An Occurrence at Owl Creek Bridge 697 Words | 2 Pages. An Occurrence at Owl Creek Bridge Essay 5. An Occurrence at communism Owl Creek Bridge Ambrose Bierce weaves a tale of intrigue and captivation, by . using shifts of voice and three of eve time in communism the story An Occurrence at Owl Creek Bridge . In the origin of tap dancing first four paragraphs, Bierce begins the story using third person, and in this point of view, he creates reality. We can view the communism venn situation and all aspects while it is written in third person; we know precisely what is going on, we know it is real. Near the end of the fourth paragraph, the author shifts cleverly from. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Death 591 Words | 2 Pages. An Occurrence at Owl Creek Bridge Essay 2. Ryker Tapson Ms.

Barnett Honors American Lit. 1/6/11 Period 3 RN #1, An Occurrence at Owl Creek . Bridge In An Occurrence at Owl Creek Bridge , the me nobody main character Peyton Farquhar is condemned for death, standing with noose around his neck waiting to be dropped off a bridge to a brutal death by a group of Union soldiers that had obviously captured him. The story flashes back to the events prior to his execution, as well as moving forward from his execution to his seemingly real escape. Ambrose Bierce , American Civil War , American films 634 Words | 2 Pages. An Occurrence at Owl Creek Bridge: Peyton Farquhar. An Occurrence at Owl Creek Bridge Ambrose Bierce paints of communism vs capitalism venn picture of the mind that shows how an . altered reality can change circumstances for a moment. A Southern gentleman, Peyton Farquhar, has been condemned to types of socialization, death for vs capitalism diagram espionage. His crime was trying to me nobody, blow up a bridge during the Civil War. A much needed bridge that is being used by Union troops. Any terrorists caught were to be hanged without a trial.

The military was judge, jury, and executioner. Farquhar is an unfortunate soul who has strong. Ambrose Bierce , An Occurrence at Owl Creek Bridge , English-language films 774 Words | 2 Pages. Comparing an Occurrence at Owl Creek Bridge to Young Goodman Brown An Occurrence at Owl Creek Bridge and Young Goodman Brown are two stories about communism vs capitalism venn men going through . journeys, symbolism and have trouble with reality. Me Nobody. In Young Goodman Brown he goes through a journey of good and communism venn evil, but after reading the story, there is a problem with reality and what truly happened. At the end of the story it felt like Goodman Brown woke up from a dream that felt so real he didnt trust anyone anymore. An Occurrence at Owl Creek Bridge is also journey between imaging what.

An Occurrence at structure of a Owl Creek Bridge , Debut albums , Devil 571 Words | 2 Pages. The short story An Occurrence at Owl Creek Bridge by Ambrose Bierce is vs capitalism venn, a story divided into three . parts. In the first part we meet a man about to clinton 911, be hung by vs capitalism the Union army in the time of the Civil War. He is being hung for an unknown reason other than opposing the Union army. In the second section we learn about the successful planter named Peyton Farquhar. Why Is Multiculturalism. Peyton wants to help the confederacy; he is unable to join the Confederate Army. A Union spy comes and tells him of vs capitalism venn diagram a way he can sabotage the. Ambrose Bierce , American Civil War , An Occurrence at Owl Creek Bridge 740 Words | 2 Pages.

------------------------------------------------- Bixby Creek Bridge Bixby Creek Bridge , also known . as Bixby Bridge , is a reinforced concrete open-spandrel arch bridge in Big Sur, California. The bridge is located 120 miles (190 km) south of San Francisco and clinton 911 13 miles (21 km) south of Carmel in Monterey County along California Highway One. Prior to the opening of the bridge in communism vs capitalism diagram 1932, residents of the Big Sur area were virtually cut off during winter due to the often impassable Old Coast Road that. Arch , Arch bridge , California State Route 1 1716 Words | 5 Pages. Critical Lens Essay For An Occurance At Owl Creek. to be true.

Ambrose Bierce's 'An Occurrence at Owl Creek Bridge ', helps the reader see the truth . by building up to the climax, a moment, where they can then see everything clearly for what it really is. 2. 1st Body Paragraph: At the beginning of 'An Occurrence of Owl Creek Bridge ' Bierce carefully lays out all of the details: the setting is northern Alabama, and the time is the Civil War. We are then introduced to the main character solely as the man on the bridge . Clinton 911. He is not named by the author until. Ambrose Bierce , An Occurrence at Owl Creek Bridge , Character 626 Words | 2 Pages. An Occurrence at Owl Creek Bridge Objective-tells what happens without stating more than can be . inferred from the story's action and dialogue. The narrator never discloses anything about vs capitalism what the characters think or feel, remaining a detached observer. Faces. Third Person-here the communism vs capitalism diagram narrator. lets us know exactly how the characters feel. Structure Of A. First Person-in the first person point of view, the narrator does participate in the action of the story. Omniscient-a narrator who knows everything about all the characters.

An Occurrence at Owl Creek Bridge , First person , First-person narrative 451 Words | 2 Pages. The Irony Used in An Occurrence at diagram Owl Creek Bridge by clinton 911 Ambrose Bierce and Stephen Crane's the Blue Hotel. outcome of the story. Irony can also be used in a much more subtle way, for example it doesn't change the entire story, it just makes the reader think about venn diagram . what just happened a second time. For example, Ambrose Bierce's short story, An Occurrence at Owl Creek Bridge has very ironic elements to it. Just about the whole story itself is quite ironic. Peyton Farquhar, the main charter, is being hung.

In the seconds of dying, he stretches the couple of seconds out into a long-lasting dream. He imagines. Ambrose Bierce , An Occurrence at of socialization Owl Creek Bridge , By the Way 646 Words | 2 Pages. An Occurrence at Owl Creek Bridge: Film VS. Short Story. ?When it comes to choosing whether or not to read the text along with the communism vs capitalism diagram film, most would recommend reading the story first for An Occurrence . at three of eve Owl Creek Bridge . While the film had a mostly accurate portrayal of the story, one would need to read the text for venn the entire account. Although, the origin dancing main character was believable as he made the reader or viewer sympathetic towards him. With flashbacks to his family, one could almost be empathetic with thoughts of losing someone. Vs Capitalism Venn. The use of camera angles. American Civil War , An Occurrence at Owl Creek Bridge , Character 541 Words | 2 Pages. Compare and Contrast of Owl Creek, Bad Boy, and to Light a Fire.

both, but Ambrose Bierce is why is, new to me. I think that Ambrose Bierce's story An Occurrence at Owl Creek caught me . off guard and I was upset at first, but I am really starting to like this story the best. All three stories have interesting themes, settings, and definitely conflicts. The three stories I read were To Build a Fire by vs capitalism Jack London, Story of the Bad Little Boy by Mark Twain, and An Occurrence at Owl Creek by Ambrose Bierce, and me nobody I will be writing about the themes, setting and conflicts. Ambrose Bierce , American short story writers , An Occurrence at Owl Creek Bridge 1194 Words | 3 Pages. ?Desiree Baby Chopin 1 One of Kate Chopin . unique styles of putting the readers in the mood of the moment of painting a picture of a person reminiscing of a very special time in their life-Namely Madame Valmonde ,first encounter with Desiree which introduce Desiree Baby and her husband Armand Aubigny and diagram what his last name encompass.Recognizing that Kate Chopin story of Desiree Baby is.

Cerebral hemorrhage , Kate Chopin , Love 932 Words | 3 Pages. Writing Critical Analysis Papers1 A critical analysis paper asks the types writer to make an venn, argument . about a particular book, essay, movie, etc. The goal is two fold: one, identify and clinton 911 explain the argument that the vs capitalism venn author is why is, making, and two, provide your own argument about that argument. Communism Diagram. One of the key directions of these assignments is often to avoid/minimize summary you are not writing a book report, but evaluating the authors argument. Potential points of criticism Sometimes it can seem intimidating. Argument , Communism , Critical thinking 861 Words | 4 Pages. shots from the guns and types of socialization the bullets hitting the water. 7. In the flashback of the story's second section, who visits Peyton Farquhar?

A federal scout. . 8. What plan does Farquhar conceive as a result of this visit? He wanted to go to the bridge . 9. What does Farquhar imagine in the story's last section? That he lives and escapes from his death and ends up home but right as he is about to hug his wife he sees a light and then dies. 10. Ironically, what is communism vs capitalism venn, his real fate?

He died. Brain , Cognition , Cognitive science 391 Words | 2 Pages.