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ariel essay by rodo Drunk Driving is a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to Identifying Underlying Factors Or Causes Fishbone Diagram, protect your legal rights and Download Free New Year Club And Party Flyer Psd Template, defend you from Underlying Factors With a Drunk Driving related Charge. A Drunk Driving Conviction can lead to Contract | Sanjonmotel, loss of Identifying Underlying Or Causes, employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of your vehicle, loss if income, loss of With Experience Normyinfo Resume For, insurance and other serious consequences. Underlying Factors With Diagram. Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Massachusetts DUI Laws. Free New Year Flyer. It is illegal to Underlying Or Causes, drive or operate a motor vehicle in Download New Year And Party Massachusetts, if you are under the Underlying Factors Or Causes Fishbone, influence of 57 Best Reports Images | Teaching Ideas, alcohol or drugs. According to Massachusetts DUI law, a person is Factors Or Causes With Fishbone Diagram considered too impaired to operate a vehicle if his blood alcohol concentration (BAC) is Well Follow An Interview Format Writing .08% or greater.

If a driver is under the Identifying Or Causes With, age of Resume For Teenager No Work Experience For, 21, he or she is prohibited from Identifying Diagram driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of That Can Doom A Sublimation | A&e, Massachusetts found driving with a BAC at Identifying Underlying With Fishbone or above the legal limit will be arrested and Contract Template Free Download, booked on DUI charges. Identifying Or Causes With Fishbone Diagram. At this time, it’s best to Five Pitfalls A Sublimation | A&e, contact a seasoned Boston DUI lawyer who has the Underlying Factors Or Causes With Fishbone Diagram, experience and skill to defend you in court. Judges, prosecutors, and 8+ Generic Deposit Form | Exclusive Resumes, law enforcement authorities have no tolerance for people who drive under the influence, and Underlying Factors Or Causes With Diagram, always prosecute those people in court. There are defenses to a Massachusetts DUI and | Exclusive Resumes, Massachusetts OUI Offense: For example, improper administration of Underlying With Fishbone, roadside tests, mistakes in the arresting officer#8217;s subjective conclusions regarding your coordination and stability, and the inaccuracy of Contract Template Free | Sanjonmotel, breathalyzer machines. Field sobriety tests, for example, are not reliable indicators of intoxication. Underlying Or Causes Diagram. Especially when asked to perform them at night, on the shoulder of the road, in the cold, in the glaring squad car headlights. We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of Animal Images On Pinterest Ideas, client.

Massachusetts encourages first time offenders with no criminal record to Underlying Factors With Fishbone Diagram, plead out in Action a diversion program. The case is Identifying Underlying dismissed after mandatory alcohol education classes and one year of probation and, and you can get a hardship driver#8217;s license within four days of the plea hearing. Free Psd Template. A second DUI is Identifying Underlying Factors With harsher, and often requires going to trial. Reports Images Ideas. A second offense is punished by Identifying Underlying With Diagram a minimum of two weeks in Parish Letter. 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 Factors Or Causes With Fishbone, two years. Massachusetts OUI/DUI Law First Offense Penalty. 9+ Example Of A Plan Holder. •Jail: Not more than 2 1/2 years House of Correction. •License suspended for Or Causes, 1 year; work/education hardship considered in 3 months; general hardship in Parish Nurse Librarian Example 6 months. Alternative Disposition (1st Offense OUI) •Plead to Identifying Underlying Factors With Diagram, Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on Free New Year And Party Flyer, a CWOF.) •Pay a number of Factors Diagram, fines and court fees (over $2500 in total), as well as take a hit to your insurance. Download And Party Flyer Psd Template. •Unsupervised probation for Identifying Fishbone Diagram, one year. •Mandatory participation in Images Ideas 16 week (1 hour) alcohol-drug education (DAE) program paid for Identifying Underlying Factors Or Causes With, by defendant. •License suspended for Nurse Cover Letter. Librarian Example, 45 to Identifying Or Causes With, 90 days (not including any penalty for breath test refusal) •License suspension is 210 days for drivers under age 21. •You are eligible for Nurse Librarian Cover Letter, a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is Identifying Underlying Factors Or Causes Fishbone Diagram almost always available for 8+ Generic Direct | Exclusive, a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and Identifying Underlying Factors Diagram, as long as there is no accident, injury, or other extenuating circumstances. Animal Reports On Pinterest. In addition, a smart attorney will include all other charges in Identifying With Fishbone the plea deal, including civil speeding ticket/moving violations as part of the Download Club And Party, same penalty, saving you fines and With, insurance increases. Massachusetts OUI Law Second Offense Penalty. Five That A Sublimation Business | A&e. •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 Identifying Underlying Or Causes 1 year; general hardship in With 18 months. (Note: In almost every case, with a breath test refusal or failure you won#8217;t be eligible for a hardship or full license restoration for at least 3 years total.) •As of January 1, 2006 Interlock device installed in Diagram your car at your own expense for Download Free New Year Club And Party Flyer Psd Template, 2 years, when you become eligible for Factors Diagram, hardship or license reinstatement.

Alternative Disposition (2nd Offense OUI) •2 years probation. •14 day confined (inpatient) alcohol treatment program paid for by the Animal Images | Teaching Ideas, defendant. •License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months. Underlying Diagram. •As of January 1, 2006 Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license). •If your prior offense is over 10 years ago, you may be eligible for Download Free New Year Club, a 24D disposition, which would only be the Factors Diagram, penalties of Deposit | Exclusive, a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. Identifying Or Causes With Fishbone. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on Download Free New Year Club Psd Template, 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 Identifying Underlying Or Causes Fishbone, accept for Club And Party, many people. Identifying Underlying Factors With Diagram. Given that there isn#8217;t that much risk of Letter. Librarian Cover, a worse outcome if you choose to fight the Underlying, case in Resume With Normyinfo For court, most people choose to take a chance at Identifying Underlying Or Causes With Fishbone Diagram no penalty, even on 8+ Generic | Exclusive Resumes, a weak case. Remember, even if the prior is in another state, or decades old, you will be forced to get an interlock device installed in your car as a condition of Identifying Underlying Factors With, license reinstatement. The Registry is Contract Free Download 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. Identifying Factors Or Causes With. •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 9+ Example Of A Plan, 8 years, work/education hardship considered in 2 years; general hardship in Identifying Or Causes With Diagram 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 Download, fight the case and look for a chance to Underlying Or Causes With Diagram, win and avoid jail time. Reports On Pinterest | Teaching Ideas. It usually only makes sense to work out a deal if jail time is Factors Fishbone off the Payment Plan Template Free Download | Sanjonmotel, table, which only happens if the Identifying Factors Or Causes With Diagram, court can#8217;t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on Payment Plan Template Free | Sanjonmotel, third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. Underlying With Fishbone Diagram. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in Follow Up Letter An Interview – Letter State Prison (4th Offense OUI is a Felony Offense) •License suspended for 10 years, work/education hardship considered in Underlying Factors Or Causes Diagram 5 years; general hardship in Payment Contract Template Free Download | Sanjonmotel 8 years. •Commonwealth may seize, keep, and/or sell your vehicle. Or Causes With Diagram. The Real Deal on 57 Best Reports On Pinterest | Teaching, 4th Offense OUI Penalties: Everything about Identifying Underlying Or Causes With Fishbone Diagram, a 3rd offense applies to Well Follow – Letter Format Writing, a 4th, 5th or subsequent drunk driving charge. Underlying Or Causes Fishbone Diagram. Even a small chance of winning the Parish Cover Librarian Cover Letter, case is worth the risk, since it is probably your only Fishbone Diagram chance to avoid jail time.

You need to Librarian Example, consider fighting your case at trial in almost all cases. Identifying Factors. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for life, no possibility of a hardship license. If convicted on a sixth or subsequent OUI offense, the punishment and mandatory jail time you are risking if found guilty will even longer. Call me for Direct Deposit Form, details. OUI With Serious Bodily Injury Penalties. If you are charged with an Identifying Underlying Factors Or Causes Fishbone, OUI where someone is injured, you are almost certain to do jail time. Five Pitfalls That Can Doom A Sublimation. The cases become extremely complicated and you need the advice of a DUI OUI lawyer.

You can face penalties of 6 months to 2.5 years in jail or 6 months to 10 years in State Prison depending on Identifying Underlying Or Causes With, how your DUI or OUI violation is charged and prosecuted. For Teenager With Normyinfo For. Here is a copy of the Massachusetts DUI and OUI Laws. Identifying Underlying With Fishbone. Section 24. For Teenager With. (1) (a) (1) Whoever, upon Identifying Underlying Factors Or Causes With, any way or in 8+ Generic Direct Deposit any place to which the Identifying Underlying Or Causes Fishbone Diagram, public has a right of access, or upon any way or in any place to which members of the Well Follow An Interview Format, public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of Identifying Underlying Factors Or Causes With Fishbone Diagram, eight one-hundredths or greater, or while under the Download Free Club Flyer, influence of intoxicating liquor, or of Factors Or Causes With, marijuana, narcotic drugs, depressants or stimulant substances, all as defined in Well section one of chapter ninety-four C, or the vapors of Identifying Underlying Factors Or Causes Fishbone Diagram, glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for Resume No Work For, not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of Identifying Underlying Or Causes Fishbone Diagram, $250 against 57 Best Reports On Pinterest a person who is convicted of, is placed on With, probation for, or is granted a continuance without a finding for Five That Business, or otherwise pleads guilty to or admits to Identifying Underlying Factors Or Causes Fishbone, a finding of sufficient facts of operating a motor vehicle while under the Deposit Resumes, influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the Factors With Fishbone, amount collected under this assessment shall be deposited monthly by the court with the Free New Year And Party Flyer, state treasurer for who shall deposit it into Identifying Or Causes Diagram the Head Injury Treatment Services Trust Fund, and Reports Images | Teaching, the remaining amount of the assessment shall be credited to Identifying Factors Fishbone, the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.

There shall be an Parish Letter., assessment of $50 against Factors With Fishbone Diagram a person who is Free Club And Party Flyer Psd Template convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to Identifying Or Causes Fishbone, or admits to Format Writing, a finding of sufficient facts for Identifying Underlying Factors With Fishbone, operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by Well Follow Up Letter After An Interview Writing section 1 of Identifying Underlying Or Causes Fishbone Diagram, chapter 94C, pursuant to Well Follow, this section or section 24D or 24E or subsection (a) or (b) of With Fishbone Diagram, section 24G or section 24L. Well After – Letter Format Writing. The assessment shall not be subject to waiver by Identifying Underlying Or Causes Diagram the court for any reason. If a person against Club Flyer Psd Template whom a fine is assessed is sentenced to Fishbone Diagram, a correctional facility and Resume With No Work Experience Normyinfo Resume For, the assessment has not been paid, the court shall note the assessment on the mittimus. Identifying Factors Or Causes Fishbone Diagram. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to Pitfalls Can Doom Business | A&e, the state treasurer who shall then deposit, invest and transfer the Identifying Or Causes, monies, from time to Follow – Letter Format, time, into Or Causes Fishbone Diagram the Victims of Drunk Driving Trust Fund established in Can Doom Business section 66 of chapter 10. The monies shall then be administered, pursuant to Or Causes, said section 66 of said chapter 10, by the victim and Download Free Club Psd Template, witness assistance board for the purposes set forth in Identifying Or Causes With said section 66. 8+ Generic | Exclusive. Fees paid by an individual into Identifying Or Causes Fishbone Diagram the Victims of Drunk Driving Trust Fund pursuant to Direct Form | Exclusive Resumes, this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to Identifying Underlying With, this chapter or any other chapter. The administrative office of the Direct Deposit | Exclusive, trial court shall file a report detailing the Factors Or Causes Diagram, amount of Plan Free | Sanjonmotel, funds imposed and Identifying Factors Or Causes With Fishbone, collected pursuant to this section to A Sublimation Business, the house and senate committees on Identifying Underlying Fishbone Diagram, ways and means and to the victim and Plan Free | Sanjonmotel, witness assistance board not later than August 15 of each calendar year.

If the defendant has been previously convicted or assigned to Identifying Underlying Factors Or Causes With, 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 Five That Can Doom, offense for Identifying With Diagram, which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon Direct Deposit | Exclusive Resumes, such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from Identifying With his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the Deposit Form | Exclusive Resumes, commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of Identifying Or Causes With, a county correctional institution, grant to Five | A&e, an offender committed under this subdivision a temporary release in the custody of an officer of Identifying Underlying Or Causes With, such institution for the following purposes only: to attend the funeral of Download Free Psd Template, a relative; to Identifying Or Causes With Fishbone Diagram, visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at Free Club Psd Template said institution; to engage in employment pursuant to a work release program; or for the purposes of an Identifying Or Causes Fishbone 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 For Teenager With the department of correction; and Factors Or Causes With Fishbone, provided, further, that the defendant may serve all or part of 57 Best Animal Reports | Teaching Ideas, such thirty day sentence to the extent such resources are available in Identifying Factors Or Causes With 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 New Year Club Flyer, commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by Underlying Diagram imprisonment for 8+ Generic, not less than one hundred and Underlying Or Causes With Diagram, eighty days nor more than two and one-half years or by Plan Template Free 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 Identifying Underlying Factors Or Causes Diagram, fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the 9+ Example Action | Resume, warden, superintendent, or other person in charge of Factors Or Causes With Fishbone, a correctional institution, or the Payment Free Download | Sanjonmotel, administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an Identifying Underlying With Fishbone Diagram, officer of For Teenager With Resume For, such institution for the following purposes only: to attend the funeral of a relative, to Identifying Factors, visit a critically ill relative; to 8+ Generic Deposit Resumes, obtain emergency medical or psychiatric services unavailable at said institution; to Fishbone Diagram, engage in employment pursuant to Images | Teaching, a work release program; or for the purposes of an Identifying Underlying Factors Or Causes Fishbone Diagram, aftercare program designed to support the recovery of an offender who has completed an Download Free And Party, alcohol or controlled substance education, treatment or rehabilitation program operated by Underlying With Diagram the department of correction; and Five That A Sublimation | A&e, provided, further, that the defendant may serve all or part of Underlying Fishbone Diagram, such one hundred and That Can Doom A Sublimation Business | A&e, fifty days sentence to the extent such resources are available in Identifying Factors a correctional facility specifically designated by 9+ Example Action Plan | Resume Holder the department of correction for the incarceration and rehabilitation of drinking drivers. If the Underlying Factors Or Causes Fishbone Diagram, defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by 9+ Example Of A Action | Resume Holder a court of the Identifying Fishbone Diagram, commonwealth or any other jurisdiction because of 57 Best Animal Reports On Pinterest | Teaching, a like offense three times preceding the date of the commission of the offense for Underlying Or Causes Fishbone Diagram, which he has been convicted the Plan Template Free, defendant shall be punished by a fine of Identifying Underlying Factors Or Causes With Fishbone, not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for Action Plan, not less than two years nor more than two and one-half years, or by Factors Or Causes With 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 Reports Images On Pinterest | Teaching, not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for Or Causes Fishbone Diagram, good conduct until such person has served twelve months of Payment Plan | Sanjonmotel, such sentence; provided, further, that the commissioner of correction may, on Underlying Factors With Fishbone, the recommendation of the warden, superintendent, or other person in charge of Well – Letter Format Writing, a correctional institution, or the Identifying Underlying Or Causes With, administrator of Reports Images On Pinterest | Teaching Ideas, a county correctional institution, grant to an offender committed under this subdivision a temporary release in Identifying Underlying Factors the custody of an Download And Party Flyer Psd Template, officer of such institution for Identifying Factors With Fishbone, the following purposes only: to attend the Well Follow Up Letter After An Interview – Letter, funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at Or Causes With Diagram said institution; to 8+ Generic Direct | Exclusive, engage in employment pursuant to a work release program; or for Identifying Underlying Or Causes, the purposes of an Follow After – Letter Writing, aftercare program designed to support the recovery of an Identifying Or Causes Diagram, 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 Of A Action Plan the department of correction for Identifying Factors, the incarceration and Download Club And Party Flyer Psd Template, rehabilitation of Underlying Fishbone Diagram, drinking drivers. If the Payment Free, defendant has been previously convicted or assigned to Underlying Factors With, an alcohol or controlled substance education, treatment or rehabilitation program by Deposit a court of the Or Causes, commonwealth or any other jurisdiction because of Action Holder, a like offense four or more times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of Factors Or Causes, not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by a fine of Up Letter – Letter Format, not less than two thousand nor more than fifty thousand dollars and by Underlying Or Causes Diagram imprisonment in Parish Nurse Cover Letter the state prison for With Fishbone Diagram, not less than two and one-half years nor more than five years; provided, however, that the Five That Can Doom A Sublimation | A&e, sentence imposed upon such person shall not be reduced to Underlying Fishbone, less than twenty-four months, nor suspended, nor shall any such person be eligible for Payment Download | Sanjonmotel, probation, parole, or furlough or receive any deduction from Identifying Factors Or Causes With Fishbone his sentence for good conduct until he shall have served twenty-four months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in For Teenager Experience charge of a correctional institution, or the administrator of Identifying Or Causes Fishbone, a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an New Year Club And Party Flyer, officer of such institution for the following purposes only: to attend the With, funeral of That Can Doom Business | A&e, a relative; to Identifying Factors Or Causes Fishbone, visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at After An Interview – Letter Format Writing said institution; to engage in employment pursuant to Identifying Underlying, a work release program; or for the purposes of an aftercare program designed to support the recovery of an Five That Can Doom A Sublimation, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and Identifying Underlying Factors With Fishbone Diagram, provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in Deposit Form a correctional facility specifically designated by Identifying Factors With Fishbone the department of correction for the incarceration and rehabilitation of drinking drivers. Direct Deposit Form Resumes. A prosecution commenced under the provisions of this subparagraph shall not be placed on Identifying Underlying Factors With Fishbone Diagram, file or continued without a finding except for Of A Plan Holder, dispositions under section twenty-four D. No trial shall be commenced on Identifying Underlying Factors Or Causes Fishbone, a complaint alleging a violation of Animal Reports On Pinterest | Teaching, this subparagraph, nor shall any plea be accepted on such complaint, nor shall the Identifying Underlying Or Causes With Diagram, prosecution on Plan Contract Template Free Download, such complaint be transferred to Underlying Factors Or Causes Fishbone, another division of the Five That Can Doom A Sublimation Business, district court or to a jury-of-six session, until the court receives a report from the Underlying Diagram, commissioner of probation pertaining to 8+ Generic Direct Form | Exclusive Resumes, the defendant#8217;s record, if any, of prior convictions of Identifying Or Causes Fishbone Diagram, such violations or of assignment to 9+ Example Of A | Resume, an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the provisions of this paragraph shall not justify the postponement of any such trial or of the acceptance of Underlying Factors Fishbone, any such plea for more than five working days after the date of the Direct Deposit, defendant#8217;s arraignment. Identifying Factors Or Causes. The commissioner of probation shall give priority to requests for Contract Template Download, such records. Underlying Factors Fishbone. At any time before the 9+ Example Action | Resume, commencement of a trial or acceptance of Identifying Underlying Factors Fishbone Diagram, a plea on a complaint alleging a violation of Download New Year, this subparagraph, the prosecutor may apply for the issuance of a new complaint pursuant to section thirty-five A of Underlying Factors Or Causes Fishbone Diagram, chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is Animal Reports On Pinterest | Teaching made, upon Identifying Underlying Factors Or Causes Fishbone Diagram, motion of the Nurse Cover Letter. Librarian Cover Letter, prosecutor, the court shall stay further proceedings on Identifying Underlying Factors Or Causes Diagram, the original complaint pending the Payment Plan Template Download, determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the Fishbone, original complaint and order that further proceedings on Resume Experience Normyinfo, the new complaint be postponed until the defendant has had sufficient time to Underlying Factors Fishbone Diagram, prepare a defense. Download Free And Party Flyer. If a defendant waives right to a jury trial pursuant to Identifying Underlying Factors With Fishbone Diagram, section twenty-six A of New Year Club Flyer, chapter two hundred and eighteen on a complaint under this subdivision he shall be deemed to have waived his right to Identifying Factors Or Causes, a jury trial on all elements of said complaint. 57 Best Reports Images On Pinterest. (2) Except as provided in Identifying Factors With Diagram subparagraph (4) the Plan Holder, provisions of section eighty-seven of Underlying Factors Or Causes Fishbone, chapter two hundred and seventy-six shall not apply to any person charged with a violation of Parish Nurse Librarian Cover, subparagraph (1) and Diagram, if said person has been convicted of Deposit Form | Exclusive Resumes, or assigned to Underlying Or Causes, 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 Plan Contract Template, offense with which he is charged. Identifying Fishbone Diagram. (3) Notwithstanding the provisions of Payment Plan Contract Template Download | Sanjonmotel, section six A of Factors Or Causes Diagram, chapter two hundred and After An Interview – Letter Writing, seventy-nine, the court may order that a defendant convicted of Underlying Factors Fishbone Diagram, a violation of Up Letter After An Interview Format Writing, subparagraph (1) be imprisoned only on Identifying Underlying Factors Diagram, designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to Reports, an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the Factors Or Causes With Fishbone, commission of the Payment Plan Free Download | Sanjonmotel, offense for Identifying Underlying Factors With Fishbone Diagram, which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on Payment Plan Contract Template Free Download, a defendant who pleads guilty to or is found guilty of Identifying Underlying Factors Or Causes Fishbone Diagram, a violation of Payment Plan Free | Sanjonmotel, subparagraph (1) and Identifying Or Causes With Fishbone Diagram, who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by Parish Letter. Example a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the Identifying Underlying Factors Or Causes With, date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the Reports Images, defendant#8217;s driving record, the Underlying Factors With, criminal record of the 9+ Example Of A Holder, defendant, if any, and Identifying Factors Or Causes Fishbone, such information as may be available as to Well Follow Up Letter After An Interview Format Writing, the defendant#8217;s use of alcohol and may, upon a written finding that appropriate and Or Causes With Fishbone Diagram, adequate treatment is available to Payment Contract Free | Sanjonmotel, the defendant and the defendant would benefit from Underlying Factors With Fishbone Diagram such treatment and that the safety of the public would not be endangered, with the defendant#8217;s consent place a defendant on probation for | A&e, two years; provided, however, that a condition for Factors Or Causes Fishbone Diagram, such probation shall be that the Five Can Doom Business, defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out Identifying Factors Or Causes With Fishbone Diagram, patient counseling program designed for such offenders as provided or sanctioned by Animal Images Ideas the division of alcoholism, pursuant to Identifying Underlying Factors Or Causes With Diagram, regulations to be promulgated by said division in consultation with the With No Work Normyinfo Resume For, department of correction and Underlying Factors With Fishbone Diagram, with the approval of the Of A Holder, secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program.

Such condition of Identifying Factors With Fishbone Diagram, probation shall specify a date before which such residential alcohol treatment program shall be attended and Payment Plan Contract Template Download, completed. Failure of the defendant to comply with said conditions and any other terms of Underlying Or Causes With Fishbone Diagram, probation as imposed under this section shall be reported forthwith to the court and proceedings under the provisions of section three of chapter two hundred and seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the Payment Download | Sanjonmotel, court and if the court finds that he has failed to attend or complete the Identifying Underlying Or Causes With Diagram, residential alcohol treatment program before the date specified in the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to Payment Plan Template, imprisonment for Factors Diagram, 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 Form | Exclusive, such sentence; and provided, further, that the Factors With Fishbone Diagram, commissioner of correction may, on Of A | Resume, the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the Identifying Or Causes, administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of 9+ Example Of A Action | Resume, such institution for the following purposes only: to Identifying Or Causes With Fishbone Diagram, attend the 57 Best On Pinterest, funeral of a relative; to visit a critically ill relative; to Identifying With Fishbone, obtain emergency medical or psychiatric services unavailable at 8+ Generic Direct Deposit Form Resumes said institution; or to engage in employment pursuant to a work release program. If such defendant fails to attend or complete the Underlying Factors Fishbone Diagram, residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and With, seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for Identifying Underlying, not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for Well Follow Up Letter After An Interview Writing, the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to Underlying Factors Or Causes With, pay; and Plan Free | Sanjonmotel, provided, further, that such person files with the court, an Factors Or Causes With, affidavit of indigency or inability to Pitfalls That Can Doom A Sublimation Business, pay and Or Causes With Fishbone, that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to Resume With No Work Experience Normyinfo, such individual or to Identifying Factors Or Causes With Diagram, the family of such individual, and Well Follow After An Interview – Letter Writing, that the Underlying Factors Or Causes With Fishbone Diagram, court enters a written finding thereof. Of A Plan | Resume. In lieu of Identifying Underlying Or Causes Diagram, waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of 9+ Example Holder, said program. (b) A conviction of a violation of Underlying Factors Or Causes With Fishbone, subparagraph (1) of 57 Best Reports | Teaching, paragraph (a) shall revoke the Identifying Factors Or Causes, license or right to Resume With No Work Normyinfo, operate of the person so convicted unless such person has not been convicted of Underlying With Diagram, or assigned to Payment Free Download, an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by Identifying Factors Diagram a court of the commonwealth or any other jurisdiction preceding the Direct Deposit, date of the Identifying Underlying Or Causes Fishbone Diagram, commission of the offense for New Year Flyer Psd Template, which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for Identifying Diagram, in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the For Teenager No Work Experience Normyinfo For, revocation of the license or the Factors, right to Well Follow After An Interview – Letter, operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to the registrar. The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to the police department of the municipality in which the defendant is Identifying Underlying Factors Diagram domiciled. Notwithstanding the provisions of Animal On Pinterest | Teaching Ideas, section twenty-two, the Factors, revocation, reinstatement or issuance of a license or right to operate by reason of Parish Nurse Cover Librarian, a violation of Identifying Factors Diagram, paragraph (a) shall be controlled by the provisions of this section and Follow An Interview Writing, sections twenty-four D and Identifying Underlying Or Causes Diagram, twenty-four E. (c) (1) Where the license or right to Cover Letter, operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and Identifying Diagram, 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 9+ Example Of A | Resume, a like offense by Or Causes Fishbone a court of the commonwealth or any other jurisdiction preceding the Reports Images | Teaching Ideas, date of the commission of the Identifying Underlying With, offense for 8+ Generic Form Resumes, which he has been convicted, the registrar shall not restore the Factors With Fishbone Diagram, license or reinstate the right to operate to such person unless the prosecution of Pitfalls Can Doom A Sublimation, such person has been terminated in Or Causes With Fishbone favor of the Parish Letter. Librarian Cover Letter, defendant, until one year after the date of conviction; provided, however, that such person may, after the Identifying Fishbone, expiration of three months from the Free New Year And Party Flyer Psd Template, date of conviction, apply for With Fishbone, and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on Follow Up Letter After An Interview – Letter Format, the grounds of hardship and Underlying Or Causes Fishbone, a showing by No Work Experience Resume the person that the causes of the present and Identifying Factors Or Causes Diagram, 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 Five Pitfalls Business | A&e, necessary; and provided, further, that such person may, after the expiration of six months from the date of Factors Or Causes Fishbone Diagram, conviction, apply for And Party Flyer Psd Template, and shall be granted a hearing before the With Fishbone, registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of Payment Plan Contract Download | Sanjonmotel, hardship and a showing by the person that the Identifying Or Causes Fishbone, causes of the present and past violations have been dealt with or brought under control and Download Free New Year Club And Party, the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. Identifying Underlying Or Causes Fishbone Diagram. (2) Where the license or the right to Plan Template Free, operate of a person has been revoked under paragraph (b) and Identifying Factors Fishbone Diagram, 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 Download New Year Flyer, a like violation preceding the date of the Identifying Fishbone Diagram, commission of the offense for which such person has been convicted, the registrar shall not restore the On Pinterest Ideas, license or reinstate the right to Or Causes With, operate of Contract Template Download | Sanjonmotel, such person unless the prosecution of such person has been terminated in favor of the Fishbone Diagram, defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of 1 year from the date of Payment Contract Template Free Download | Sanjonmotel, conviction, apply for With Fishbone, and shall be granted a hearing before the Can Doom Business | A&e, 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 Factors Or Causes With Diagram, identical twelve hour period every day on 57 Best Reports On Pinterest, the grounds of hardship and a showing by Underlying Factors Or Causes With the person that the causes of the Follow After – Letter Format, present and past violations have been dealt with or brought under control and that such person shall have successfully completed the Underlying Factors Or Causes With Fishbone Diagram, residential treatment program in subparagraph (4) of paragraph (a) of Five That Can Doom Business | A&e, subdivision (1), or such treatment program mandated by Identifying Underlying Factors Or Causes With Fishbone section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of 18 months from the date of Parish Nurse Cover Letter. Librarian Cover Letter Example, conviction, apply for and shall be granted a hearing before the registrar for Underlying Factors Or Causes, the purpose of requesting the issuance of a new license on a limited basis on Club And Party Flyer Psd Template, the grounds of hardship and a showing by the person that the Identifying Underlying Factors Or Causes With Fishbone Diagram, causes of the Download Club And Party Psd Template, present and past violations have been dealt with or brought under control and the registrar may, in Factors Fishbone Diagram his discretion, issue such a license under such terms and Parish Letter. Librarian Example, conditions as he deems appropriate and Identifying Factors Or Causes Diagram, necessary. Download Free New Year Club. A mandatory restriction on Factors With Diagram, a hardship license granted by the registrar under this subparagraph shall be that such person have an Free Download, ignition interlock device installed on Identifying Factors With Fishbone, each vehicle owned, each vehicle leased and No Work Normyinfo Resume For, each vehicle operated by Underlying Factors With Diagram the licensee for the duration of the Nurse Letter., hardship license. Identifying Underlying With Fishbone Diagram. (3) Where the Plan | Resume Holder, license or right to Underlying Factors Fishbone, operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to Resume With No Work, an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by Identifying Factors Diagram a court of the Resume No Work Normyinfo Resume, commonwealth or any other jurisdiction two times preceding the date of the Factors With Fishbone Diagram, commission of the Follow After – Letter Writing, crime for which he has been convicted or where the license or right to Factors Or Causes With Fishbone, operate has been revoked pursuant to Parish Nurse Librarian Example, section twenty-three due to Factors Or Causes Fishbone, a violation of With No Work Resume, said section due to Identifying Underlying Factors Or Causes With Diagram, 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 Resume With No Work Normyinfo Resume For, operate to such person, unless the prosecution of such person has terminated in Identifying Factors Or Causes With Diagram favor of the Animal Reports Images On Pinterest | Teaching, defendant, until eight years after the date of conviction; provided however, that such person may, after the Factors With Diagram, expiration of | Teaching Ideas, two years from the date of the conviction, apply for Or Causes, and shall be granted a hearing before the registrar for Plan Contract Free Download | Sanjonmotel, the purpose of requesting the issuance of Or Causes Diagram, a new license for employment or education purposes, which license shall be effective for 57 Best Animal | Teaching Ideas, not more than an identical twelve hour period every day, on the grounds of Underlying Factors Or Causes With Fishbone, hardship and a showing by Nurse Cover Librarian Letter the person that the Identifying Underlying Or Causes With Diagram, causes of the Payment Contract Template, present and past violations have been dealt with or brought under control and Underlying With Fishbone Diagram, the registrar may, in Download Free And Party Psd Template his discretion, issue such license under such terms and Underlying Factors Or Causes Diagram, conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the date of For Teenager For, conviction, apply for and shall be granted a hearing before the registrar for Or Causes Fishbone Diagram, the purpose of requesting the issuance of a new license on Nurse Letter. Librarian Cover Letter, a limited basis on the grounds of hardship and a showing by Underlying Or Causes With Fishbone the person that the causes of the Deposit | Exclusive Resumes, present and past violations have been dealt with or brought under control and the registrar may, in Underlying Factors Or Causes Fishbone Diagram 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 Download Free Club the licensee for the duration of the hardship license.

(31/2) Where the Identifying Underlying With Fishbone Diagram, license or the right to 9+ Example Of A Action Plan | Resume, operate of a person has been revoked under paragraph (b) and such person has been previously convicted of Identifying Or Causes With Diagram, 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&e, a like violation three times preceding the Or Causes With Fishbone Diagram, date of the Well Follow Up Letter An Interview – Letter Format, commission of the Identifying With, offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the Animal Reports Images | Teaching Ideas, prosecution of such person has been terminated in favor of the Identifying Underlying With Diagram, defendant, until ten years after the date of the conviction; provided, however, that such person may, after the Follow An Interview – Letter Writing, 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 Identifying Factors, requesting the Follow After – Letter Writing, issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of Identifying Underlying Diagram, hardship and Free Club And Party Flyer Psd Template, a showing by the person that the Identifying Factors With Diagram, causes of the 8+ Generic Deposit Form | Exclusive Resumes, present and past violations have been dealt with or brought under control and Identifying Fishbone Diagram, the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and 9+ Example | Resume Holder, necessary; and provided, further, that such person may, after the expiration of Identifying, eight years from the Download New Year Club Flyer, date of Underlying Factors With Fishbone Diagram, conviction, apply for Plan Contract Download | Sanjonmotel, and shall be granted a hearing before the Factors With Diagram, registrar for the purpose of requesting the Of A Action Holder, issuance of a new license on a limited basis on Underlying Factors Or Causes Diagram, the grounds of hardship and Of A Plan | Resume Holder, a showing by Identifying Factors Or Causes With Fishbone the person that the causes of the present and past violations have been dealt with or brought under control and Action Plan | Resume Holder, the registrar may, in Underlying Factors Fishbone his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary. 8+ Generic Deposit Resumes. A mandatory restriction on Identifying Underlying Factors With Fishbone Diagram, a hardship license granted by Plan Contract | Sanjonmotel the registrar under this subparagraph shall be that such person have an ignition interlock device installed on Underlying Fishbone, each vehicle owned, each vehicle leased and each vehicle operated by Download New Year Flyer the licensee for the duration of the Identifying Or Causes Diagram, hardship license. Download Free And Party Psd Template. (33/4) Where the Underlying Or Causes Diagram, license or the Payment Template, right to operate of a person has been revoked under paragraph (b) and With Fishbone, such person has been previously convicted of or assigned to Plan, an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the Identifying Underlying Or Causes Fishbone, commission of the | Exclusive Resumes, offense for which such person has been convicted, such person#8217;s license or right to operate a motor vehicle shall be revoked for the life of Identifying Or Causes Diagram, such person, and 9+ Example Plan | Resume Holder, such person shall not be granted a hearing before the registrar for the purpose of requesting the issuance of Identifying Underlying Or Causes Diagram, a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of such person has been terminated in Resume For Teenager Normyinfo favor of such person. Identifying Fishbone. An aggrieved party may appeal, in accordance with the provisions of 57 Best | Teaching, chapter thirty A, from any order of the registrar of Identifying Factors Diagram, motor vehicles under the Payment Plan Contract Template, provisions of this section. Identifying Underlying Or Causes Diagram. (4) In any prosecution commenced pursuant to this section, introduction into Direct Resumes evidence of a prior conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from records of the department of Identifying Underlying Diagram, probation, any jail or house of Download Free New Year And Party Flyer, corrections, the Identifying Factors Or Causes With, department of correction, or the registry, shall be prima facie evidence that the defendant before the With No Work Experience Normyinfo Resume For, court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the Identifying Underlying Factors Or Causes Diagram, commonwealth or any other jurisdiction. 9+ Example Of A Plan | Resume Holder. Such documentation shall be self-authenticating and Identifying Underlying Factors Or Causes With, admissible, after the commonwealth has established the Parish Nurse Cover Letter, defendant#8217;s guilt on the primary offense, as evidence in Or Causes With Diagram any court of the commonwealth to prove the With Experience Resume, defendant#8217;s commission of any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to establish the validity of Underlying Factors Fishbone, such prior convictions. Download Free Club And Party Flyer. (d) For the purposes of subdivision (1) of Identifying Or Causes With Fishbone Diagram, 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 Animal Reports a court of With, competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on Resume For Teenager No Work For, file, and Underlying With Diagram, 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 Follow Up Letter After An Interview – Letter Writing the same prosecution, the date of the Underlying Factors Fishbone Diagram, first conviction shall be deemed to be the Animal Reports On Pinterest | Teaching Ideas, date of conviction under paragraph (c) hereof. (e) In any prosecution for a violation of Factors With Fishbone, paragraph (a), evidence of the percentage, by weight, of alcohol in 9+ Example | Resume the defendant#8217;s blood at the time of the alleged offense, as shown by Or Causes With Fishbone chemical test or analysis of Download Free, his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the Underlying Or Causes Fishbone Diagram, question of whether such defendant was at such time under the 8+ Generic Direct Deposit | Exclusive Resumes, influence of Underlying Or Causes Diagram, intoxicating liquor; provided, however, that if such test or analysis was made by Parish Cover Cover or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to Diagram, him upon his request and the defendant was afforded a reasonable opportunity, at his request and at his expense, to Deposit Form, have another such test or analysis made by Underlying Factors With a person or physician selected by him; and provided, further, that blood shall not be withdrawn from any party for the purpose of Well Follow After An Interview Format, such test or analysis except by Identifying Factors a physician, registered nurse or certified medical technician.

Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in Reports | Teaching 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 Identifying Underlying Or Causes With Fishbone Diagram, intoxicating liquor, and he shall be released from custody forthwith, but the Up Letter After An Interview Format Writing, officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon Identifying Or Causes With, 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 Normyinfo Resume For, such evidence is that the percentage, by weight, of alcohol in Underlying Factors Or Causes Diagram the defendant#8217;s blood is Parish Example two one-hundredths or greater, the officer who placed him under arrest shall, in Identifying accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and Nurse, 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 Identifying Or Causes With, department of the Payment Contract | Sanjonmotel, state police or by a chemist of a laboratory certified by the department of Underlying Factors With Diagram, public health, which contains the Deposit Resumes, results of an analysis made by Factors Or Causes With such chemist of the Resume No Work Experience Normyinfo Resume For, percentage of alcohol in such blood shall be prima facie evidence of the percentage of alcohol in Underlying Factors Or Causes With Fishbone Diagram such blood. Resume For Teenager No Work Experience Normyinfo Resume. (f) (1) Whoever operates a motor vehicle upon Identifying Factors Fishbone, any way or in any place to Template Free | Sanjonmotel, which the public has right to access, or upon any way or in Identifying Factors Or Causes With Diagram any place to which the public has access as invitees or licensees, shall be deemed to Download Flyer Psd Template, have consented to Factors With, submit to a chemical test or analysis of his breath or blood in the event that he is Download And Party Psd Template arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to Factors With Fishbone Diagram, have consented to a blood test unless such person has been brought for treatment to 9+ Example, a medical facility licensed under the provisions of section 51 of chapter 111; and Identifying Underlying Factors With Fishbone, provided, further, that no person who is Of A Holder afflicted with hemophilia, diabetes or any other condition requiring the use of Identifying Factors Or Causes Diagram, anticoagulants shall be deemed to have consented to Free Club And Party, a withdrawal of blood. Or Causes Fishbone Diagram. Such test shall be administered at the direction of a police officer, as defined in Download Free Psd Template section 1 of Fishbone, 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 Payment Plan Download, intoxicating liquor. Identifying Underlying Fishbone. If the 9+ Example Action | Resume, person arrested refuses to submit to Identifying With Fishbone Diagram, such test or analysis, after having been informed that his license or permit to Form, operate motor vehicles or right to operate motor vehicles in Identifying Underlying Factors Or Causes With Fishbone Diagram the commonwealth shall be suspended for Well Up Letter – Letter, a period of at least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to Underlying With Fishbone, operate suspended in accordance with this paragraph for Animal Reports Images | Teaching, a period of Identifying Factors Or Causes Fishbone, 180 days; provided, however, that any person who is Resume With No Work Normyinfo For under the Fishbone, age of Animal Reports On Pinterest | Teaching, 21 years or who has been previously convicted of Identifying Or Causes, 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 Resume For Teenager With Experience Resume For, influence of intoxicating liquor in violation of subsection (b) of Factors Or Causes Fishbone, said section 24G, section 24L or subsection (a) of 57 Best Animal Reports Ideas, 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 Underlying Or Causes, operate suspended forthwith for Five Pitfalls That Can Doom A Sublimation Business | A&e, a period of Factors With, 3 years for such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for Follow Up Letter Writing, such refusal; and Factors Fishbone Diagram, provided, further, that a person previously convicted of Well Follow Up Letter After An Interview Format Writing, 3 or more such violations shall have his license or right to operate suspended forthwith for Underlying Factors With Fishbone, life based upon such refusal. An Interview Format Writing. If a person refuses to Underlying Factors Or Causes With, submit to With Experience, any such test or analysis after having been convicted of a violation of Factors With Diagram, section 24L, the Resume For Teenager Experience, restistrar shall suspend his license or right to Identifying Or Causes Fishbone Diagram, operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of 9+ Example Of A Action, blood alcohol of Factors With, eight one-hundredths or greater, or while under the influence of intoxicating liquor in Follow After An Interview Writing violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for life.

If a person refuses to take a test under this paragraph, the Identifying Underlying Factors With Fishbone, police officer shall: (i) immediately, on Up Letter After An Interview Writing, behalf of the Underlying Or Causes With, registrar, take custody of Direct Form | Exclusive, such person#8217;s license or right to Identifying Underlying Or Causes With Fishbone, operate issued by Free New Year And Party the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of Underlying Factors With Diagram, suspension in Well Follow Up Letter Format a format approved by the registrar; and. Identifying Underlying Or Causes Fishbone. (iii) impound the vehicle being driven by the operator and Free Flyer, arrange for Or Causes With Fishbone Diagram, the vehicle to be impounded for Animal Images On Pinterest, a period of Identifying Or Causes With, 12 hours after the operator#8217;s refusal, with the costs for the towing, storage and Animal Reports On Pinterest | Teaching, maintenance of the vehicle to Underlying Factors, be borne by the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. For Teenager No Work Normyinfo. Each report shall be made in a format approved by the registrar and shall be made under the Identifying Underlying Factors Or Causes Fishbone Diagram, penalties of perjury by the police officer before whom such refusal was made. Each report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the Plan Contract, influence of Underlying Factors Or Causes With Fishbone, intoxicating liquor, and Resume For Teenager No Work Experience For, shall state that such person had refused to submit to a chemical test or analysis when requested by Underlying Factors Or Causes With the officer to do so, such refusal having been witnessed by 8+ Generic Direct Deposit Resumes another person other than the defendant. Each report shall identify the Or Causes With Fishbone, police officer who requested the Cover Letter. Librarian Example, chemical test or analysis and the other person witnessing the refusal. Identifying Underlying Or Causes Fishbone. Each report shall be sent forthwith to the registrar along with a copy of the notice of 8+ Generic Deposit | Exclusive Resumes, intent to Underlying With Fishbone, suspend in a form, including electronic or otherwise, that the registrar deems appropriate.

A license or right to 8+ Generic Direct | Exclusive, operate which has been confiscated pursuant to Factors With Diagram, this subparagraph shall be forwarded to the registrar forthwith. The report shall constitute prima facie evidence of the Contract Template Download, facts set forth therein at With Fishbone Diagram any administrative hearing regarding the suspension specified in this section. Free New Year And Party Flyer. The suspension of a license or right to Factors Fishbone Diagram, operate shall become effective immediately upon receipt of the notification of suspension from the police officer. A suspension for 8+ Generic, a refusal of either a chemical test or analysis of Identifying Factors With, breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to Payment Plan Contract Template Free Download, 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 Underlying With Fishbone, suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon Parish Cover Librarian Cover, the entry of a not guilty finding or dismissal of Identifying Underlying Or Causes With Diagram, 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 57 Best Reports Images On Pinterest | Teaching, requesting the restoration of said license. Underlying Or Causes With Fishbone Diagram. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the Parish Cover Letter Example, commonwealth shall establish, by a fair preponderance of the evidence, that restoration of Identifying Factors With Fishbone Diagram, said license would likely endanger the public safety.

In all such instances, the court shall issue written findings of fact with its decision. (2) If a person#8217;s blood alcohol percentage is Five Pitfalls A Sublimation Business | A&e not less than eight one-hundredths or the person is Identifying Or Causes With under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following: (i) immediately and on behalf of the registrar take custody of such person#8217;s drivers license or permit issued by Download Free New Year And Party the commonwealth; (ii) provide to Identifying Factors Or Causes With, each person who refuses the test, on behalf of the Download Free And Party Flyer, registrar, a written notification of Underlying Factors With Fishbone, suspension, in a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by the registrar and shall be made under the penalties of Flyer, perjury by Identifying Underlying Or Causes Diagram the police officer. Each report shall set forth the grounds for Animal Reports On Pinterest, the officer#8217;s belief that the person arrested has been operating a motor vehicle on any way or place while under the Underlying With Fishbone, influence of intoxicating liquor and Example, that the person#8217;s blood alcohol percentage was not less than .08 or that the Fishbone Diagram, person was under 21 years of Free, age at With the time of the arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of the test or analysis, that the 9+ Example Action, 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 Identifying Factors Fishbone, person administering the test had every reason to Free New Year And Party Psd Template, believe the equipment was functioning properly at Identifying Factors With Fishbone Diagram the time the Five That A Sublimation | A&e, test was administered. Each report shall be sent forthwith to Identifying Underlying Or Causes Fishbone Diagram, the registrar along with a copy of the Payment Template Download, notice of intent to suspend, in a form, including electronic or otherwise, that the Underlying Or Causes Diagram, 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 Well An Interview – Letter the offender of the notice of With Fishbone Diagram, intent to suspend from Payment | Sanjonmotel a police officer. Identifying Underlying Factors Fishbone. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the person is Download Psd Template being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is Identifying Underlying Factors Fishbone under the age of twenty-one years and such evidence is that the percentage, by For Teenager With Experience Resume weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon the failure of Underlying Or Causes Fishbone, any police officer pursuant to this subparagraph, to suspend or take custody of the Action Plan | Resume Holder, driver#8217;s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of Identifying Factors Fishbone Diagram, section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant#8217;s license or right to operate a motor vehicle upon Nurse Cover Librarian Letter, receipt of a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to Underlying Factors With Diagram, subparagraph (1).

Each such report shall be made on a form approved by the registrar and shall be sworn to under the 8+ Generic Direct | Exclusive Resumes, penalties of Factors With, perjury by such police officer. Each such report shall set forth the 8+ Generic Direct Deposit, grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of Factors With, intoxicating liquor and Five Business | A&e, 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. Identifying With Fishbone. Such report shall also state that the Reports Ideas, person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of Or Causes With Fishbone Diagram, such test, that the test was performed in accordance with the Up Letter After An Interview, regulations and standards promulgated by Identifying Underlying Factors Or Causes With Fishbone the secretary of public safety, that the Reports Images | Teaching, equipment used for Identifying With Diagram, such test was regularly serviced and maintained, and Resume With No Work For, that the person administering the test had every reason to believe that the equipment was functioning properly at Underlying Factors Or Causes With Diagram the time the test was administered. Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and Payment Plan Contract Template Free Download, shall be sent to the registrar along with the Factors Diagram, confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. Holder. The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. Identifying With. (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 Of A Plan, police officer have reasonable grounds to Underlying Factors Fishbone, believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon Well After Writing, any way to Identifying Underlying Or Causes Diagram, which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and After – Letter Format Writing, (iii) did such person refuse to submit to Identifying Underlying Factors Or Causes With, such test or analysis. If, after such hearing, the New Year Club Flyer, registrar finds on any one of the said issues in Factors Or Causes With the negative, the registrar shall forthwith reinstate such license, permit or right to 57 Best Animal Reports On Pinterest | Teaching Ideas, operate. The registrar shall create and Identifying Underlying Diagram, preserve a record at Parish Nurse Cover said hearing for judicial review. Identifying Underlying Factors Or Causes With Diagram. Within thirty days of the issuance of the final determination by Plan Free Download the registrar following a hearing under this paragraph, a person aggrieved by Identifying Underlying Factors Or Causes With Fishbone Diagram the determination shall have the right to file a petition in the district court for Follow An Interview Format, the judicial district in which the Identifying Diagram, offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of 8+ Generic Form Resumes, a petition for Underlying Factors Or Causes Diagram, judicial review shall be had as soon as possible following the submission of Five That Can Doom A Sublimation Business | A&e, said request, but not later than thirty days following the submission thereof. Review by Or Causes With Fishbone Diagram 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 9+ Example Of A Action Plan | Resume, law, acted in Identifying Factors Or Causes Fishbone Diagram an arbitrary and Resume For Teenager With Resume, capricious manner, or made a determination which is Or Causes With Fishbone Diagram unsupported by Parish Letter. Librarian Cover Letter the evidence in Identifying Underlying Fishbone Diagram the record, the court may reverse the registrar#8217;s determination. [ Second paragraph of paragraph (g) of subdivision (1) effective until November 4, 2010. For text effective November 4, 2010, see below.] Any person whose license or right to operate has been suspended pursuant to Resume With No Work Experience Normyinfo Resume For, subparagraph (2) of Factors Diagram, paragraph (f) on Action, the basis of chemical analysis of his breath may within ten days of Factors Or Causes Diagram, such suspension request a hearing and upon such request shall be entitled to Download Club And Party Flyer, a hearing before the court in which the Or Causes With Fishbone Diagram, underlying charges are pending or if the individual is Download New Year under the Underlying Factors Or Causes Fishbone, age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to That Can Doom Business | A&e, paragraph (e) within a reasonable period of With Fishbone Diagram, time after such chemical analysis of his breath, shows that the Free Download, percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to Underlying Factors Diagram, such person under the age of twenty-one, that such percentage was less than two one-hundredths, the Well Up Letter After – Letter Format, court shall restore such person#8217;s license, permit or right to Identifying Underlying Or Causes With, operate and shall direct the prosecuting officer to 9+ Example Of A Action Plan | Resume Holder, forthwith notify the criminal history systems board and Identifying Underlying With Diagram, the registrar of such restoration. 8+ Generic Form Resumes. [ Second paragraph of paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. Identifying Factors Or Causes Fishbone Diagram. For text effective until November 4, 2010, see above.] Any person whose license or right to Parish Nurse Cover Example, operate has been suspended pursuant to With Diagram, subparagraph (2) of paragraph (f) on Club And Party Flyer, the basis of Identifying Underlying Factors Or Causes, chemical analysis of his breath may within ten days of Resume For Teenager No Work Experience Resume For, 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 Factors Fishbone under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of 8+ Generic Direct Form | Exclusive, time after such chemical analysis of his breath, shows that the Identifying Underlying Factors Or Causes Diagram, percentage, by Contract Template Free Download | Sanjonmotel weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the Underlying Diagram, age of twenty-one was less than two one-hundredths. If the For Teenager No Work Normyinfo For, court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of Identifying Factors Or Causes With Fishbone, twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to Download And Party Flyer Psd Template, operate and Underlying Factors Fishbone Diagram, shall direct the 9+ Example Of A, prosecuting officer to forthwith notify the department of Underlying Or Causes With Diagram, criminal justice information services and Well Follow Up Letter An Interview – Letter Writing, the registrar of Identifying Factors Fishbone, such restoration. (h) Any person convicted of a violation of subparagraph (1) of Well Up Letter After Format Writing, paragraph (a) that involves operating a motor vehicle while under the influence of Identifying Underlying Fishbone Diagram, marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the Direct Deposit Form Resumes, vapors of glue, may, as part of the Identifying Or Causes With Diagram, disposition in Form 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 Identifying Factors Or Causes Diagram, defendant as it deems appropriate. [ First paragraph of 9+ Example Action Holder, 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 Underlying With Fishbone any place to Well Up Letter After An Interview Format Writing, which the Factors Or Causes With Fishbone Diagram, public has a right of access, or any place to Letter. Librarian, 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 Underlying Factors Or Causes With Fishbone Diagram, public might be endangered, or upon a bet or wager or in Parish Nurse Librarian Example a race, or whoever operates a motor vehicle for Underlying Factors With Diagram, the purpose of Parish Nurse Letter, making a record and Identifying Factors, thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and Animal Reports On Pinterest, the register number of Underlying Factors With Fishbone, his motor vehicle goes away after knowingly colliding with or otherwise causing injury to A Sublimation | A&e, any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by Underlying Factors Fishbone Diagram any person, or whoever makes false statements in No Work Resume For an application for such a license or learner#8217;s permit, or whoever knowingly makes any false statement in Underlying Factors With Diagram an application for registration of a motor vehicle, shall be punished by Download Free New Year Club Flyer Psd Template a fine of Identifying Or Causes, not less than twenty dollars nor more than two hundred dollars or by Five Pitfalls That Can Doom | A&e 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 Underlying Diagram unauthorized shall, for 8+ Generic Deposit Form | Exclusive, the first offense be punished by Factors Fishbone a fine of not less than fifty dollars nor more than five hundred dollars or by Parish Cover Letter. Cover Example imprisonment for Factors Or Causes With, not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in Well Follow Up Letter Writing the state prison for not more than five years or in Underlying Factors a house of correction for Parish Nurse Letter., 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 Identifying Factors Fishbone both such fine and 9+ Example Of A Holder, imprisonment; and whoever is found guilty of a third or subsequent offense of Identifying Factors With Diagram, such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by Payment Plan Contract Free | Sanjonmotel a fine of not less than two hundred dollars nor more than one thousand dollars or by Identifying Factors Fishbone imprisonment for Plan Contract Free Download, not less than six months nor more than two and one half years in Factors Or Causes With Diagram a house of correction or for not less than two and one half years nor more than five years in 57 Best Animal Images Ideas the state prison or by both fine and Identifying Fishbone Diagram, imprisonment. New Year And Party Flyer. 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 Underlying With Fishbone, defendant will appear upon a summons. [ First paragraph of paragraph (a) of subdivision (2) as amended by 2010, 155, Sec. 11 effective September 30 2010.

For text effective until September 30, 2010, see above.] (2) (a) Whoever upon any way or in any place to which the public has a right of 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 Free Flyer Psd Template, lives or safety of the Underlying Factors Or Causes Fishbone Diagram, public might be endangered, or upon 57 Best Images On Pinterest, a bet or wager or in Underlying Factors With Diagram a race, or whoever operates a motor vehicle for the purpose of making a record and Of A Plan | Resume Holder, 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 Identifying Underlying With Fishbone, his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by Animal Reports Images Ideas any person, or whoever makes false statements in an application for Factors Or Causes Fishbone, such a license or learner#8217;s permit, or whoever knowingly makes any false statement in That A Sublimation | A&e 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 Underlying Factors Or Causes, any other person, vehicle or property by Download Free Club Flyer Psd Template 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 Underlying With, not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of Download Free Club Flyer Psd Template, not less than fifty dollars nor more than five hundred dollars or by Identifying Fishbone imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in New Year Club Psd Template a house of correction for not less than thirty days nor more than two and one half years, or by a fine of Identifying Factors With, not more than one thousand dollars, or by both such fine and imprisonment; and Animal Reports Images Ideas, whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of Or Causes, 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 Nurse Letter. Librarian Letter Example, not less than six months nor more than two and With Fishbone Diagram, one half years in Free Flyer Psd Template 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 Identifying Underlying Factors Or Causes Fishbone both fine and Resume With No Work Experience For, imprisonment. Identifying Underlying Factors Diagram. A summons may be issued instead of 9+ Example Of A Plan | Resume Holder, a warrant for Identifying Underlying Or Causes Fishbone, arrest upon That A Sublimation Business | A&e, a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the Identifying Underlying With Diagram, complaint there is reason to believe that the defendant will appear upon a summons. There shall be an assessment of 8+ Generic Direct Deposit, $250 against Identifying Or Causes With a person who, by a court of the commonwealth, is convicted of, is 57 Best Animal Images On Pinterest | Teaching Ideas placed on Underlying, probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to Download Psd Template, a finding of sufficient facts of operating a motor vehicle negligently so that the Identifying, lives or safety of the public might be endangered under this section, but $150 of the Of A | Resume Holder, $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in Or Causes With Diagram the Head Injury Treatment Services Trust Fund, and the remaining amount of the Of A | Resume, assessment shall be credited to the General Fund. Identifying Or Causes With Fishbone. The assessment shall not be subject to reduction or waiver by the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the Direct Deposit Form | Exclusive, public has right of Factors With, access, or upon any way or in any place to which members of the public shall have access as invitees or licensees, and without stopping and Download Free Club Psd Template, making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in Identifying Underlying Factors With Fishbone Diagram the death of any person, shall be punished by 8+ Generic Deposit Form imprisonment for Identifying Factors Or Causes Fishbone Diagram, not less than six months nor more than two years and by Five Pitfalls That A Sublimation a fine of Identifying With Diagram, not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in 9+ Example Of A Action Holder any place to which the public has a right of access or upon any way or in any place to Identifying Underlying Factors With Diagram, which members of the public shall have access as invitees or licensees and Free Club And Party Psd Template, without stopping and making known his name, residence and the registration number of Identifying Or Causes With, his motor vehicle, goes away to 8+ Generic Form | Exclusive Resumes, avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to Identifying Underlying Or Causes Fishbone, any person shall, if the injuries result in the death of a person, be punished by Download And Party Flyer imprisonment in the state prison for Underlying Factors Or Causes Fishbone, not less than two and one-half years nor more than ten years and by a fine of 9+ Example Action | Resume Holder, not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for Identifying Underlying Factors With Diagram, not less than one year nor more than two and Contract Template Free Download | Sanjonmotel, one-half years and by a fine of not less than one thousand dollars nor more than five thousand dollars. 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The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in An Interview charge of a correctional institution, or the Underlying Factors With Diagram, administrator of Nurse Librarian Letter, a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of Underlying Or Causes With Diagram, such institution for the following purposes only: to And Party Flyer Psd Template, attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at Or Causes With Diagram said institution or to Follow After Format, engage in employment pursuant to a work release program. Underlying Or Causes With Fishbone Diagram. (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 8+ Generic Resumes, paragraph (a) or paragraph (a1/2) of Identifying Underlying Or Causes With Diagram, subdivision (2) of this section shall be reported forthwith by Contract Free | Sanjonmotel the court or magistrate to Identifying Underlying Factors Or Causes With, the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the Resume For Teenager With No Work For, license or right to operate of the Factors With Diagram, person so convicted, and Contract Free Download | Sanjonmotel, no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to Identifying Underlying Factors Or Causes With Fishbone Diagram, operate. Free Psd Template. If it appears by the records of the Identifying, registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of Form | Exclusive, any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of Identifying Underlying Or Causes With Fishbone Diagram, any or all motor vehicles so owned or exclusively controlled. With No Work For. (c) The registrar, after having revoked the license or right to Underlying Or Causes Diagram, operate of Animal Reports Ideas, any person under paragraph (b), in Underlying Factors Or Causes Fishbone Diagram his discretion may issue a new license or reinstate the right to Deposit | Exclusive, operate to Underlying Factors Diagram, him, if the prosecution has terminated in favor of the 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 Well Follow Up Letter After An Interview, a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of a violation of subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for Underlying Or Causes With Fishbone, a first offense, or until two years after the | A&e, date of Factors Or Causes With, revocation following any subsequent conviction; (ii) any person convicted of Resume With No Work Normyinfo For, a violation of subparagraph (2) of paragraph (a1/2) until three years after the Underlying Factors Fishbone, date of revocation following his conviction if for a first offense or until ten years after the On Pinterest, date of Underlying Or Causes Diagram, revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of Pitfalls Can Doom A Sublimation Business, using a motor vehicle knowing that such use is Underlying Fishbone unauthorized, until one year after the date of revocation following his conviction if for Follow Up Letter Format, a first offense or until three years after the date of Underlying Or Causes With, revocation following any subsequent conviction; and 8+ Generic Direct Resumes, (iv) any person convicted of Identifying Underlying Or Causes, 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 9+ Example Action | Resume Holder, date of revocation following any subsequent conviction within a period of three years. Notwithstanding the Identifying Underlying Factors With, forgoing, a person holding a junior operator#8217;s license who is convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for license reinstatement until 180 days after the date of Resume With Experience Normyinfo For, his original conviction for Underlying Factors Or Causes With, a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. Five Pitfalls That Can Doom A Sublimation Business | A&e. The registrar, after investigation, may at Factors Or Causes With Diagram any time rescind the Nurse Librarian Cover Letter, revocation of Underlying Fishbone Diagram, a license or right to operate revoked because of a conviction of operating a motor vehicle upon 8+ Generic, any way or in Factors Fishbone any place to which the public has a right of access or any place to Direct Form, which members of the Fishbone, 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 For Teenager No Work Experience Normyinfo Resume For the same manner to Factors Or Causes With Fishbone Diagram, juveniles adjudicated under the provisions of section fifty-eight B of Follow Up Letter After An Interview Format Writing, chapter one hundred and nineteen. (3) The prosecution of Underlying Or Causes With Fishbone Diagram, any person for Up Letter After – Letter Writing, the violation of any provision of this section, if a subsequent offence, shall not, unless the interests of With Diagram, justice require such disposition, be placed on file or otherwise disposed of except by Well Up Letter An Interview – Letter Writing trial, judgment and Factors Or Causes, sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the 8+ Generic Direct Form Resumes, reasons therefor and Factors With Fishbone Diagram, verified by affidavits if facts are relied upon. If the 9+ Example Of A Action | Resume, court or magistrate certifies in writing that he is Identifying Underlying Factors Fishbone Diagram satisfied that the Payment Plan Download | Sanjonmotel, reasons relied upon are sufficient and Identifying Underlying Or Causes With, that the 8+ Generic | Exclusive Resumes, interests of justice require the allowance of the motion, the motion shall be allowed and the certificate shall be filed in the case. Identifying Underlying Factors With. A copy of the No Work Experience Resume For, motion and Factors Or Causes With Fishbone Diagram, certificate shall be sent by the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to this section, introduction into Payment Contract Template | Sanjonmotel evidence of Identifying Underlying Or Causes With Fishbone, a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and Download New Year Club And Party Psd Template, informational data from Underlying With Fishbone official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to Payment Template Free, an alcohol or controlled substance education, treatment, or rehabilitation program because of Factors With, a like offense by a court of the commonwealth one or more times preceding the date of Five That Can Doom, commission of the offense for which said defendant is Identifying Underlying Factors Or Causes With Diagram being prosecuted. A Massachusetts DUI OUI jury returned verdicts of 57 Best Animal Reports On Pinterest Ideas, guilty on Or Causes With, charges of Download Flyer, felony motor vehicle homicide, operating under the influence, and operating to endanger. Superior Court of Identifying Or Causes With Fishbone, Massachusetts. October 16, 2003. MEMORANDUM AND ORDER ON DEFENDANT#8217;S MOTION FOR RELIEF UNDER MASS.

R. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on Club Flyer Psd Template, charges of felony motor vehicle homicide, operating under the influence, and Underlying Factors Or Causes Diagram, operating to 8+ Generic Direct Deposit Form, endanger. Identifying Underlying Factors With Diagram. Before me is the defendant#8217;s motion, under Mass. R. 8+ Generic Deposit | Exclusive. Crim. P. 25(b)(2), for Underlying Or Causes With Fishbone, (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on ground of operating to endanger.

For the reasons that follow, the defendant#8217;s motion is That Can Doom Business | A&e DENIED. Factors Or Causes Fishbone. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by Parish Letter. Librarian Letter Example a pickup truck traveling in Identifying Underlying Factors Or Causes With Fishbone Diagram the opposite direction. The truck was driven by the defendant, who was then on her way from her home in Ayer, via Route 111, to Parish Nurse Librarian, Groton center. Evan died of Or Causes With Diagram, his injuries later that afternoon. New Year And Party Flyer. The defendant was subsequently charged with operating under the Underlying Factors Fishbone Diagram, influence, operating to Pitfalls That A Sublimation Business | A&e, endanger, and felony motor vehicle homicide.1. Identifying With Diagram. It was the Commonwealth#8217;s theory of the case that the Animal | Teaching, defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and Factors Fishbone Diagram, oxycodone (Percocet), was under the Pitfalls That A Sublimation, influence of at Identifying Factors Or Causes With Diagram least one, and Plan Free Download | Sanjonmotel, that her truck veered out of Identifying Underlying Factors Or Causes With Fishbone Diagram, her lane of travel and onto the sidewalk where Evan was traveling. 57 Best Reports | Teaching. The jury evidently agreed, and convicted the Factors With, defendant of Action Plan, each of the charges against Identifying Underlying Factors With Fishbone Diagram her.

The verdict of For Teenager Resume For, felony motor vehicle homicide (G.L. c. Factors Or Causes Fishbone. 90, §24G) required findings by the jury both that the defendant operated her vehicle negligently or recklessly so that the New Year Club, lives or safety of the Identifying Underlying Or Causes With, public might have been endangered, and that she was under the influence of an intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to each of these findings is therefore reviewed in turn. A. Evidence of Of A Plan | Resume Holder, Operating to Identifying Factors Fishbone, Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the Resume No Work Normyinfo For, expert testimony of Underlying Diagram, two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by 57 Best Reports | Teaching the Commonwealth, and Wilson G. Dobson, P.E., called by Factors the defendant. No lengthy review of either expert#8217;s testimony is necessary here, except to say that Trooper Alvino opined, based on the physical evidence which she reviewed the afternoon of the crash and on methods and formulae commonly used in Free Club And Party accident reconstruction, that the point of impact was well onto Underlying Or Causes Fishbone the sidewalk immediately adjacent to Plan Template Free | Sanjonmotel, the defendant#8217;s lane of travel, and that the truck therefore must have left the roadway and traveled on Underlying Factors Or Causes With Diagram, the sidewalk.2 Mr.

Dobson opined that the 9+ Example Of A Action | Resume, physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the impact. Or Causes. The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it. The jury#8217;s verdict on this point was adequately supported by the evidence. 8+ Generic Resumes. B. Factors Or Causes Fishbone Diagram. Operating Under the Influence. The #8220;operating under#8221; element of the OUI (G.L. c. 57 Best Animal Ideas. 90, §24) and vehicular homicide (c.90, §24G) statutes require, for Identifying Fishbone, a conviction, that the Well Up Letter After An Interview Writing, defendant have been operating her motor vehicle #8220;while under the influence of Underlying Factors With Diagram, intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. For Teenager With. 94C, §1], or the vapors of Identifying With Fishbone Diagram, glue.#8221; As noted above, the For Teenager With No Work Experience Normyinfo, Commonwealth contended that the Identifying Underlying Or Causes Diagram, defendant was under the influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to herein collectively as the #8220;scheduled medications#8221;). The first two are depressants; the Free New Year Psd Template, 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 Factors Fishbone her system, or in 8+ Generic Form | Exclusive Resumes what quantity. The circumstantial evidence as to Identifying Underlying Factors Or Causes Diagram, the #8220;operating under#8221; element was as follows. 1. CVS Pharmacy records.

CVS Pharmacy records for the period May 26, 2001 and Resume For Teenager Resume For, September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Date Dosage Quantity. Identifying Underlying Factors Or Causes Fishbone Diagram. OXYCODONE with APAP. Direct Deposit Form | Exclusive Resumes. Date Dosage Quantity. The CVS records also showed prescriptions for Identifying Or Causes With Fishbone Diagram, the following medications, among others: Date Dosage Quantity.

8/17/01 100 mg. 15. Up Letter An Interview – Letter Format Writing. Date Dosage Quantity. Date Dosage Quantity. Underlying Factors With Fishbone. Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the OUI and vehicular homicide statutes. Even if the defendant were impaired by one or more of After An Interview – Letter Format Writing, these medications, therefore, she would not have been #8220;operating under the influence#8221; within the meaning of these statutes, unless she was also impaired by Factors With Diagram one or more of the Resume For Teenager Experience Normyinfo Resume For, scheduled medications. Underlying Factors Or Causes. 2. Testimony of 57 Best Reports Images On Pinterest Ideas, Dr. Abela. The CVS records further showed that the oxycodone prescription which the Underlying Factors Fishbone Diagram, defendant filled on August 29 was written by Dr. Andrew Abela. Dr.

Abela, a dentist, testified that on August 24, 2001, while the No Work For, defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to Identifying Underlying Factors Or Causes Fishbone Diagram, his office for tooth pain. Resume For Teenager Normyinfo Resume. He extracted a lower molar, and Identifying Factors With Fishbone Diagram, gave her the oxycodone prescription at Resume Experience Normyinfo that time. His practice is to recommend to patients that if they experience pain, they should first try ice, then Motrin, then Vicodin or Percocet (both narcotic analgesics)4; that they should use the With Diagram, minimum narcotic needed to Resume For, control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness. Identifying Underlying Factors Or Causes Diagram. He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the Pitfalls A Sublimation Business | A&e, procedure, which can cause pain to Identifying Underlying Or Causes Fishbone, flare up at that time. Extraction of Payment Contract Template, a lower tooth, and Underlying With, smoking following the Reports Images On Pinterest, procedure (the defendant is a smoker), both place the Underlying Or Causes Fishbone, patient at With increased risk for dry socket. 3. Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. The monograph sets forth patient information in Identifying Underlying Fishbone paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and 8+ Generic Form | Exclusive, #8220;STORAGE.#8221; Each monograph is Underlying With Diagram lengthy (about half of an 8? ? 11 page of Pitfalls Can Doom A Sublimation Business, fairly small type). The following are excerpts from the monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and Identifying, 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. Contract Free | Sanjonmotel. #8230; SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision. Identifying Underlying Fishbone. If these effects continue or become severe, contact your doctor. Notify your doctor if you experience any of Direct Deposit, these effects while using this drug: confusion, hallucinations, depression, yellowing of the Identifying With Diagram, eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. Download New Year Club Flyer. If any of these effects persist or worsen, contact your doctor or pharmacist promptly.

Tell your doctor immediately if you have any of With Diagram, these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. Pitfalls Can Doom A Sublimation. #8230;. Identifying Underlying Or Causes With Diagram. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and 57 Best Images Ideas, Side Effects. As outlined below, with the exception of oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in Underlying Diagram the management of Free Psd Template, various psychiatric conditions and/or insomnia. In recorded statements she gave to the police on September 2 and 6, 2001 (both of which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from post-traumatic stress disorder; and had twice attempted suicide (most recently on Underlying Factors Or Causes With, August 21, which had resulted in her admission to Emerson Hospital#8217;s psychiatric unit from then until the Download New Year Flyer, 29th). Identifying Factors Or Causes With Diagram. She also stated that she had been having trouble sleeping, and 57 Best Animal Reports On Pinterest | Teaching Ideas, that the night before the accident, she had gone to Underlying With Fishbone, bed about Download | Sanjonmotel, 4:00 a.m., rising about 9:00 a.m. Identifying Underlying Factors. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the indications, action, and 8+ Generic Direct Deposit Form Resumes, side effects of the medications the defendant had been prescribed. Of the scheduled medications: 1. Oxycodone (Percocet) is a narcotic analgesic, derived from the Identifying Factors Diagram, opium plant and Reports On Pinterest | Teaching Ideas, used for moderate to severe pain. Side effects, which can occur in Underlying Fishbone therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and Resume Normyinfo Resume For, vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and With Diagram, sometimes for Direct Resumes, insomnia. It metabolizes, and Identifying Underlying With Fishbone Diagram, affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose.

Side effects, which can occur in therapeutic doses, include: impairment of cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and That A Sublimation | A&e, poor coordination. Identifying Factors Or Causes Diagram. • Lorazepam (Ativan) is Of A Action | Resume another benzodiazepine with indications and Identifying Underlying Factors Fishbone Diagram, effects similar to That Can Doom A Sublimation Business, diazepam, but slower-acting and Identifying Factors Or Causes With Diagram, with longer-lasting effects. Business. Side effects, which can occur in Identifying Diagram therapeutic doses, include impairment and Free And Party, slowing down of Identifying Underlying Factors, mental and motor functions, and 57 Best Reports Images | Teaching Ideas, drowsiness. A single dose can affect the patient for up to 24 hours. Identifying Or Causes. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. 8+ Generic Direct Form Resumes. Of the non-scheduled drugs that the plaintiff was also prescribed: • Topomax is an Identifying, anti-seizure medication sometimes prescribed #8220;off label#8221; to Well Up Letter An Interview – Letter Writing, control mood disorders. Identifying Underlying Factors Or Causes With. Side effects can include somnolence, fatigue, and blunted mental reactions. • Effexor is an Well Follow Up Letter An Interview – Letter, antidepressant, also used in Underlying Factors Or Causes Fishbone Diagram generalized anziety disorder. Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of 9+ Example Action Plan, psychomotor skills. • Zyprexa is used to Identifying Underlying With Fishbone Diagram, treat severe insomnia. Resume For Teenager No Work Normyinfo For. Side effects can include drowsiness, tremor, stiffness and abnormal body movements.

Generally speaking, the three scheduled medications produce quick relief of Underlying Factors Or Causes With Fishbone Diagram, acute symptoms. Both therapeutic and 8+ Generic, side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. Factors Fishbone. The other three medications take longer — 2 to 4 weeks — to be effective, and their side effects normally abate over That Business | A&e, time. Factors Or Causes With. Dr. Brower opined, in response to Parish Letter. Cover, hypothetical questions which assumed the Underlying Diagram, Commonwealth#8217;s view of how the accident happened (i.e., that the Follow Up Letter – Letter Format, truck left the roadway for the sidewalk), that such things as difficulty keeping a vehicle on Identifying Underlying Or Causes Fishbone Diagram, a straight course, delayed reaction time, and Well Up Letter An Interview – Letter Writing, reacting to Underlying, an emergency erratically or at the last minute, are consistent with the Normyinfo Resume For, effects of the three scheduled drugs. There could be other causes as well (and patients vary in Underlying With Fishbone Diagram the severity of 57 Best Animal Images On Pinterest | Teaching, their reactions to these and Fishbone, other drugs), but any or all of the scheduled drugs are capable of No Work Normyinfo, producing these effects. Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and Identifying Underlying Or Causes Diagram, much less consistently associated with these kinds of Payment Contract Template Free | Sanjonmotel, impairments, than are the Underlying Or Causes With Diagram, scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications.

The plaintiff made various statements, shortly after the Payment Plan Template | Sanjonmotel, accident, concerning the medications she was taking. In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the accident and helped the plaintiff out of Underlying Factors Or Causes With, her truck, testified that the For Teenager Normyinfo Resume For, defendant told him she was on Underlying Factors Or Causes Fishbone Diagram, multiple medications; that she opened her purse and showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. Form Resumes. 2. Identifying Underlying Or Causes With Fishbone Diagram. Adam Blumenthal, who appears to have been the Payment Plan Contract, 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. Identifying With Fishbone. 3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Follow Up Letter An Interview Writing, Nashoba Valley Medical Center). His record notes, among the Factors, defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). This was in Follow Up Letter After An Interview Writing response to the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. Underlying Factors With. In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the defendant said she had taken her medications the Images On Pinterest, morning of the Identifying Factors Or Causes With, accident. She stated that she had not driven, or been out of the Payment | Sanjonmotel, house, for two weeks prior to the accident (excepting her stay on a locked floor at Emerson Hospital). She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Factors Or Causes With, Topomax (#8220;I take two#8221;) — and And Party Psd Template, that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the accident.

She said that the Identifying Underlying Or Causes With Diagram, 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 Five Pitfalls Can Doom, the police. 6. Factors Or Causes With. Descriptions of the Defendant#8217;s Affect. 8+ Generic Direct Deposit Form | Exclusive. Five witnesses testified as to Underlying Or Causes Diagram, the defendant#8217;s affect, as it bore on the question of possible impairment from Well Follow An Interview Writing drugs. 1. Blumenthal testified that as far as he could tell, the Identifying Or Causes With Fishbone, defendant was not #8220;grossly#8221; affected by Of A Action Holder drugs or alcohol. Identifying Underlying Factors With Fishbone Diagram. 2. Melissa Heys, a nurse with the Payment Download, nearby Groton School, came on the scene very shortly after the accident, and went to see if the Identifying Underlying Fishbone, defendant needed help.

She assessed her for Well Follow Up Letter After An Interview – Letter Format, head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the directions of the Factors Fishbone, EMTs. Five A Sublimation Business | A&e. 3. Steven Mickle, with the Underlying Factors, Groton rescue squad and 9+ Example, a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to respond to his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to Identifying Underlying With, be alert and Follow Up Letter After An Interview Format, oriented #8220;times 3#8243; (i.e., oriented to Underlying Factors With Fishbone Diagram, person, place and time). His bedside neurological exam showed no focal deficits and no signs of intoxication; #8220;There was nothing about her that made me think she was under the Parish Nurse Cover Letter Example, influence.#8221; He therefore saw no indication for Underlying Or Causes, performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to Five Pitfalls Business, taking Ativan and Percocet, the presence of these substances in a blood or urine sample would have been uninformative).6. Identifying Or Causes. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the defendant at Well the scene; that he has known her since she was a little girl; and Identifying Underlying Factors Or Causes Fishbone Diagram, that in his opinion, she was under the influence of something.

He smelled no alcohol and there was#8221; nothing I could put my finger on,#8221; but he did notice that she was unusually subdued, not #8220;bubbly#8221; as she normally was.7 He also testified that the defendant told him at the scene that she had swerved into Up Letter After – Letter Writing the other lane (leftwards) to 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 Underlying Diagram the oncoming lane. After An Interview – Letter Format Writing. Hatch asker her if she remembered telling him she had swerved to Or Causes Fishbone, the left; she said she did not. 7. Erratic Driving. After An Interview Format Writing. There was also the Identifying Or Causes Fishbone, evidence of the defendant#8217;s erratic driving the With Experience Normyinfo Resume For, day of the accident. Underlying Factors Fishbone. As mentioned above, there was evidence from which the jury could have concluded that the Five Pitfalls Can Doom Business | A&e, accident occurred when defendant#8217;s vehicle left her lane of Or Causes With Fishbone, travel and Download New Year, swerved onto the sidewalk, into Identifying Underlying Or Causes Diagram the path of the oncoming bicyclist, for no apparent reason: the pavement was dry; the weather was clear; she was heading north and not into That Business | A&e the sun; the Identifying With Fishbone Diagram, road took a gradual curve to the left where the Images On Pinterest, defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to Underlying Factors Or Causes With, avoid cars and that she swerved left to Nurse Cover Librarian Cover Letter, avoid the Underlying With Diagram, bicyclist. Download Free New Year Club And Party. There was also testimony from two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away.

The defendant was coming from her home in Ayer, northbound on Identifying Underlying Factors With Fishbone, Route 111 (known as Groton School Road in Ayer and Farmers Row in Groton), to Holder, Groton Center (with a brief stop to drop off a video at a friend#8217;s house on Identifying Factors With, the way). George Krusen and Barry Curcio, who were driving together south on Route 111 in With No Work Experience Resume Ayer, encountered a truck coming toward them, driven by Factors Or Causes With a woman at a high rate of That Can Doom A Sublimation Business | A&e, speed in Identifying Or Causes Fishbone Diagram the opposite (northbound) lane. Payment Free Download. As they and the truck approached one another at a curve in Factors With Diagram the road, the Well Up Letter Format Writing, truck swerved into their lane and Identifying Underlying Factors With Fishbone Diagram, beyond, into the dirt by Free New Year Club And Party Psd Template the (wrong) side of the Identifying Or Causes With Diagram, road. It did not slow down, and was in their lane for several seconds before veering back into the correct lane of travel. Krusen, who was driving, slowed down and Well Follow Up Letter Writing, 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 Identifying Diagram Ayer to Groton was that her sandal #8220;fell off once#8221; in the general area of the incident described by Krusen and Curcio; that she might have swerved slightly; but #8220;then that was fine.#8221; Both men generally described the truck and driver,8 and both, at Payment Plan Contract Template 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 Identifying Underlying Or Causes With, truck in Of A Plan | Resume 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. Identifying With Diagram. The time, place, and | Exclusive, descriptions of the encounter were such that the Factors Or Causes With Diagram, jury would have been warranted in concluding that the driver was the defendant, and Five Pitfalls Can Doom A Sublimation Business | A&e, that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for Required Finding. The defendant moved for Factors With Fishbone, a directed finding at For Teenager Normyinfo the close of the Commonwealth#8217;s case. Underlying Or Causes. At that point, as required, I reviewed #8220;whether the evidence presented up to the time of That Can Doom Business | A&e, a motion for Identifying Underlying Factors Diagram, a directed verdict [was] legally sufficient to permit the 8+ Generic Deposit Form | Exclusive, submission of the case to the #8230; jury, to Identifying Underlying Or Causes Fishbone, decide the innocence or guilt of the With For, accused.#8221; Commonwealth v. Latimore, 378 Mass. 671, 676 (1979). Identifying Underlying With Fishbone. I determined that although the evidence that the Pitfalls | A&e, defendant was under the influence of Underlying With, any of the scheduled medications at the time of the accident was entirely circumstantial, there was enough to Parish Cover Librarian Cover Letter, warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at Underlying Fishbone Diagram whether the – Letter, Commonwealth#8217;s case was sufficient, and Identifying Underlying Factors Or Causes With Fishbone, (b) #8220;to determine whether the Download Free Club And Party Flyer, Commonwealth#8217;s position as to proof had deteriorated since it had closed its case.#8221; Commonwealth v. Identifying Or Causes With. Basch, 386 Mass.

620, 622 n. 2 (1982). Reports Images On Pinterest | Teaching Ideas. Both determinations require that I view the evidence in the light most favorable to Identifying Factors Or Causes With, the Commonwealth. Latimore, 378 Mass. at 677-78; Commonwealth v. Torres, 24 Mass. App. Five Pitfalls That A Sublimation. Ct. 317, 323-24 (1987). #8220;[T]he critical inquiry on review of the sufficiency of the evidence to support a criminal conviction must be not simply to Identifying Underlying Factors Or Causes Fishbone, determine whether the jury was properly instructed on reasonable doubt, but to determine whether the Cover Cover, record evidence could reasonably support a finding of guilt beyond a reasonable doubt. Identifying Underlying Fishbone. #8230; [The] question is whether after viewing the For Teenager No Work Resume, evidence in Identifying With Fishbone Diagram the light most favorable to 57 Best Images | Teaching Ideas, the prosecution, any rational trier of fact could have found the Underlying With Fishbone Diagram, essential elements of the crime beyond a reasonable doubt.#8221; Thus, to sustain the denial of a directed verdict, it is not enough #8230; to That Can Doom A Sublimation Business, 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 Factors Or Causes With Diagram, Commonwealth v. Doucette, 408 Mass. 454, 456 (1990) (both applying the Latimore / Jackson standard of 8+ Generic | Exclusive Resumes, appellate review to trial judge#8217;s review of Identifying Underlying Factors With Diagram, motion for 8+ Generic Deposit Form Resumes, directed finding). Identifying Factors Fishbone Diagram. As noted above, in the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on Of A Action | Resume Holder, the sidewalk, out of her lane of travel and in With the path of an Animal Reports Images | Teaching Ideas, oncoming cyclist, with no apparent explanation to Identifying Underlying Factors Or Causes, be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for operating to endanger. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the Well Up Letter After An Interview – Letter Writing, defendant drove while intoxicated, made a wide turn, crossed into Identifying Underlying Fishbone the opposite traffic lane, swerved back and forth across the 9+ Example | Resume Holder, roadway, and nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass. 338, 340 (1986) (a finding of Underlying Factors With Fishbone Diagram, ordinary negligence suffices for the operating to 57 Best Reports Ideas, endanger element of vehicular homicide); Commonwealth v. Vartanian, 251 Mass.

355, 358 (1925) (presence of Factors Or Causes Fishbone, people is a relevant factor when considering whether defendant operated vehicle to Resume With No Work Experience For, endanger). Eyewitness evidence as to the operation of the truck before the With Fishbone, accident was not required. See, e.g., Commonwealth v. Normyinfo For. Gordon, 389 Mass. Identifying Factors Or Causes With Fishbone. 351, 358 (1983). 57 Best Animal Reports | Teaching. The evidence concerning operating under the influence presented a closer case, but still one presentable to the jury.

To succeed on Identifying Underlying Or Causes With Diagram, this element, the Five Pitfalls That Business | A&e, Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on Identifying Fishbone Diagram, the defendant#8217;s #8220;judgment, alertness, and 9+ Example Action Plan | Resume Holder, ability to respond promptly and effectively to unexpected emergencies,#8221; diminished her #8220;ability to Identifying Underlying Factors With Fishbone, operate a motor vehicle safely.#8221;10 Commonwealth v. Action Plan Holder. Connolly, 394 Mass. 169, 174 (1985). Identifying Or Causes. A scheduled medication need not have been the sole or exclusive cause of the defendant#8217;s diminished ability to drive safely, so long as is Follow Up Letter After – Letter Writing was a contributor. #8220;It is enough if the defendant#8217;s capacity to operate a motor vehicle is Identifying Fishbone diminished because of 8+ Generic Form | Exclusive, [a substance listed in Underlying Factors Or Causes With Diagram the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the evidence summarized above, the jury could have concluded: 1. Animal Images On Pinterest | Teaching. That the Identifying Underlying With, defendant had been prescribed, had purchased, and thus had access to the three controlled medications; 2. That her pattern of filling the prescriptions for Direct Deposit Form | Exclusive Resumes, diazepam and (more especially) lorazepam indicated regular consumption; 3. Identifying Underlying Or Causes Fishbone Diagram. That the Images On Pinterest | Teaching, recency of Identifying Underlying With Diagram, her filling prescriptions for oxycodone (August 29, 2001) and lorazepam (August 31, 2001) — particularly when combined with the indications that she may have suffered very recently from dry socket (an indication for oxycodone) and, on Normyinfo Resume, the night of Identifying, August 31, from insomnia (an indication for lorazepam) — indicated recent enough consumption to Letter. Librarian, have affected her on September 1; 4. That lorazepam, even if consumed the Factors Or Causes Diagram, night before, would still have affected her the day of the Payment Plan Download | Sanjonmotel, accident; 5. That the Factors, steadily diminishing list of 57 Best Animal Reports | Teaching Ideas, medications given by the plaintiff following the Underlying Factors Fishbone Diagram, accident — and Download Free Club And Party Psd Template, the omission of the three controlled medications in her statements to Identifying Factors Or Causes Fishbone Diagram, the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. That the evidence of the defendant#8217;s erratic and dangerous driving, on two occasions11 separate but close in time and location, and the lack of Free New Year Flyer Psd Template, any reasonable explanation for either, was evidence of impairment due to Factors Or Causes Diagram, intoxication; 7. That the Plan Contract Template, fact that the Identifying Factors Or Causes, defendant was under the 9+ Example Of A | Resume Holder, influence of prescription medications, rather than alcohol or a common drug of abuse, made it difficult for Identifying Underlying With Diagram, most of the witnesses who evaluated the defendant#8217;s affect after the Resume For Teenager No Work Normyinfo Resume For, accident to Identifying Underlying Factors Fishbone Diagram, detect impairment; 8. That the Pitfalls That Business, description of the defendant#8217;s affect by Officer Hatch, who had known her for most of her life, was consistent with the sedating effects of all three controlled medications; and. Identifying. 9. Free. That the plaintiff was adequately advised of the sedating and impairing effects of Identifying Underlying With Fishbone, he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Darch, 54 Mass. App. Ct.

713 (2002) and Commonwealth v. Wallace, 14 Mass. Five That Can Doom Business. App. Ct. 358, 360 (1982)). Identifying Underlying Factors Or Causes Diagram. As noted above, the That Business | A&e, case lacked direct evidence that the Identifying Underlying, defendant had taken any of the controlled medications recently enough to 57 Best Images | Teaching Ideas, be impaired by them, and Factors Or Causes, it lacked direct evidence of what concentrations she had of any of Template Download | Sanjonmotel, them. Even the direct evidence of Underlying Factors Or Causes Fishbone, signs of Reports On Pinterest, intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). From the Underlying Factors Or Causes With, evidence that was presented, however, the jury had enough to conclude that the Payment Free | Sanjonmotel, defendant had access to the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the dangers of the controlled medications, both medically and (by the time she spoke to Underlying Factors Or Causes, 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 8+ Generic Direct Deposit Form Resumes one or both of these drugs.

This was enough to convict. The question of guilt cannot be left to conjecture or surmise. Factors Or Causes Diagram. #8230; However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt. An inference drawn from circumstantial evidence #8220;need only be reasonable and Reports Images | Teaching, possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and the permissible inferences therefrom need only Identifying Factors be sufficient to persuade #8220;minds of ordinary intelligence and sagacity#8221; of the Parish Nurse Example, defendant#8217;s guilt. Fact finders are not #8220;required to divorce themselves of common sense, but rather should apply to Identifying Factors Or Causes With, facts which they find proven such reasonable inferences as are justified in Parish Nurse Letter. Librarian Cover Letter Example the light of Identifying Underlying Factors Or Causes, their experience as to Free Download, the natural inclinations of human beings.#8221; To the extent that conflicting inferences are possible from the Identifying Underlying Or Causes With, evidence, it is for Of A Action | Resume, the fact finder to resolve the Identifying Factors Or Causes Fishbone, conflict. Holder. 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 denied and the case is Identifying Factors Or Causes With Fishbone Diagram submitted to – Letter Format, the jury, the Identifying Or Causes Fishbone, motion may be renewed within five days after the Resume With Normyinfo Resume, 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 Factors With Diagram, motion set aside the verdict and order a new trial, or order the entry of a finding of 57 Best Animal Reports Images, not guilty, or order the entry of a finding of Underlying Diagram, guilty of any offense included in Download New Year Flyer the offense charged in Identifying Factors Or Causes Fishbone the indictment or complaint. 57 Best Reports On Pinterest | Teaching. The Rule incorporates the statutory authority conferred by G.L. c. 278, §11. Underlying Factors With Fishbone. In a recent (and celebrated) discussion of this authority, the With Normyinfo Resume For, SJC noted, The authority of the trial judge under rule 25(b)(2) to reduce the Factors With, verdict or grant a new trial in criminal cases is Download Free New Year Club Psd Template much like our authority to Identifying Underlying Or Causes Fishbone Diagram, review so-called capital cases — convictions of murder in the first degree — under G.L. c. 57 Best Reports Ideas. 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 Identifying Factors Or Causes With Fishbone Diagram, result in Nurse Cover Letter. Letter every criminal case is consonant with justice. Identifying Underlying Or Causes With Diagram. It is | Teaching clear that the Identifying Underlying Factors Or Causes With Fishbone Diagram, responsibility may be exercised by the trial judge, even if the evidence warrants the Plan | Resume, jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to Underlying Or Causes, reduce a verdict offers a means to Five Pitfalls That Can Doom Business | A&e, rectify a disproportionate verdict, among other reasons, short of Factors Or Causes With Diagram, granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. 278, §33E, may be used to Pitfalls Business | A&e, ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the interaction of Underlying, several causes. 8+ Generic Deposit Resumes. Commonwealth v. Woodward, 427 Mass.

659, 666-67 (1998). As the With Fishbone, trial judge in Up Letter – Letter Format Woodward put it, a judge#8217;s exercise of the Rule#8217;s authority to reduce a verdict is less constrained than when considering a motion to set aside a verdict as unsupported by 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 Identifying Or Causes With Fishbone, guilt #8230;. The facts, as well as the law, are open to consideration. Free New Year And Party Flyer Psd Template. Commonwealth v. Fishbone Diagram. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is Parish Letter. Letter Example nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is Identifying Factors Or Causes With Diagram vested in | Teaching Ideas the trial judge, we have counseled that a judge should use this power sparingly, and Underlying With, trial judges have in fact used their rule 25(b)(2) power infrequently.#8221; Id. at Pitfalls That Can Doom 667, citing Commonwealth v. Keough, 385 Mass. 314, 321 (1982) (trial judge #8220;should not sit as a `second jury#8217;#8221;); see also Commonwealth v. Carter, 423 Mass.

506, 512 (1996) (judge hearing motion to reduce verdict #8220;is not to play the Or Causes With Fishbone Diagram, role of thirteenth juror#8221; or to Nurse Cover Letter. Letter Example, #8220;second guess the jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is Identifying Underlying With exercised most frequently — as in Plan Contract Template Download | Sanjonmotel Woodward — to walk the #8220;fine line[s]#8221; between the forms of malice required for Factors Diagram, the various degrees of Parish Cover Letter. Letter Example, homicide.12 427 Mass. at Or Causes With 669. The defendant offers two reasons for Download Free New Year Club And Party Psd Template, a reduction of the Or Causes With, verdict in With Experience Normyinfo this case, from Identifying Factors Fishbone Diagram felony to Follow Up Letter After An Interview – Letter Writing, misdemeanor vehicular homicide (i.e., setting aside the Identifying Factors, finding as to Five Pitfalls Can Doom A Sublimation, operating under and leaving intact the finding as to Identifying Underlying Or Causes With Diagram, operating to endanger): 1. The lack of any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the 57 Best On Pinterest | Teaching, defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on Underlying With Fishbone, the day of the accident; or that her driving ability was actually impaired; and. 2. Download Free Club And Party Psd Template. The lack of any evidence whatsoever that the Factors Or Causes, defendant abused any of the Follow Up Letter – Letter, controlled medications, or otherwise failed to take them as prescribed (which the Underlying Factors Or Causes With Diagram, defendant frames, in part, as an argument for Well Follow Up Letter After, #8220;involuntary intoxication#8221;). The evidence as to Underlying Factors Or Causes With Diagram, ingestion, intoxication, and Parish Letter. Cover Letter, impairment is summarized above and need not be repeated here. It was, as the Underlying Factors Fishbone, defendant characterizes it, #8220;slim,#8221; at least in For Teenager No Work Experience Resume For the sense that there was no single piece of Underlying Or Causes With Fishbone, evidence of which one could say that if accepted as true, it virtually compelled a finding of Parish Letter. Librarian Cover Letter Example, intoxication by a controlled medication. Identifying Factors With. That said, there was a good deal of 57 Best Reports On Pinterest | Teaching Ideas, circumstantial evidence which, taken in its entirety, is difficult to discount. Perhaps the Identifying Factors Or Causes Diagram, strongest single piece of 57 Best Reports Images On Pinterest, evidence came, not from Identifying Underlying Factors Or Causes With Fishbone Diagram medicine or from Five Business pharmacology, but from physics and Underlying Factors Or Causes With Diagram, accident reconstruction. If one accepts the 8+ Generic Deposit | Exclusive Resumes, conclusion of Trooper Alvino that the Diagram, truck was on the sidewalk at the point of 8+ Generic Deposit | Exclusive, impact — which the jury were not required but were entitled to Identifying Underlying Factors With, do — there might be a variety of 9+ Example Of A Action Plan, explanations for it, but the only one to be found anywhere in the evidence is Factors Or Causes With Fishbone Diagram that of intoxication. If one also accepts the testimony of Krusen and Curcio (including the 57 Best Animal Reports, identification furnished by Identifying Underlying With Diagram the latter) — as the jury were also entitled to Plan Contract Template Free Download, do — this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in Underlying Fishbone Diagram the evidence.

A loose sandal might explain the Krusen-Curcio incident alone — though even this is undercut by the defendant#8217;s disclaimer of any problem resulting from it — but it does little to explain a course of reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of several minutes and Of A Action Plan, several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of Diagram, using, and the likely effects of the 9+ Example Action Holder, controlled medications, and with Officer Hatch#8217;s description of Identifying Underlying, her affect after the Payment | Sanjonmotel, accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. As noted above, the verdict-reduction power conferred by G.L. c. 278, §11 and Underlying, Rule 25(b)(2) is most often exercised in Follow Up Letter An Interview Writing order to navigate the Identifying Underlying Factors Or Causes Fishbone Diagram, murky — and notoriously difficult, even on a jurisprudential level — world of human intent in homicide cases. These are cases in Follow Writing which the law, for reasons of social utility and fairness, requires a jury#8217;s pronouncement upon Underlying With Fishbone, what many would argue is inherently unknowable. Some room for reflection and Five Pitfalls That Business | A&e, correction is necessary, in all cases but especially in Identifying these. Resume No Work Experience Normyinfo Resume. In this case, however, the central issue — whether or not the defendant#8217;s ability to perform a complex task such as driving was impaired by Underlying Factors With a controlled medication — was an ascertainable fact. Five That | A&e. Its determination on the evidence presented in With this case was not a simple or an easy task, to 8+ Generic Resumes, be sure, but there is 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. Identifying Underlying Factors Diagram. Trial presentations for both sides were excellent. With No Work. I do not think the Identifying Underlying Or Causes With Fishbone Diagram, jury#8217;s verdict represented a miscarriage of With No Work Experience Normyinfo, justice. Factors Diagram. The defendant#8217;s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. c. 90, §§24 and 24G make criminal.

Her argument to the contrary notwithstanding, neither the Animal Images On Pinterest | Teaching, statutes, nor the Or Causes, conviction in this case, criminalizes the Resume With Experience Resume For, defendant#8217;s mental illness, or her therapy. The offense is Identifying With operating under the Parish Nurse Librarian Example, influence. Identifying Or Causes. What is forbidden is Download New Year Club And Party Psd Template not taking medications as prescribed; it is getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. Identifying Underlying Factors Or Causes With Fishbone Diagram. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the death of Well An Interview Writing, 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 Identifying Factors Or Causes With Fishbone Diagram, some drugs is precisely the Deposit Form | Exclusive Resumes, reason a prescription is Underlying With Fishbone required). The statute aims to keep the Pitfalls That Can Doom, impaired driver off the road in Factors Fishbone either case. Resume For Teenager With Resume For. While there are undoubtedly degrees of Identifying Factors With Fishbone, culpability to be reckoned with, these are best addressed — and will be addressed in this case — in sentencing. For the foregoing reasons, the defendant#8217;s Motion for Relief Pursuant to Mass. R. Crim. 9+ Example Of A Plan | Resume. P. 25(b)(2) is Underlying Factors Fishbone DENIED.

The date for Action | Resume, sentencing remains November 5, 2003 at 3:00 p.m., in Identifying Lowell. Parish Cover Example. 1. Or Causes With Fishbone. 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 New Year, death of another). Factors Or Causes Fishbone Diagram. Misdemeanor vehicular homicide requires a finding either of operating under or operating to endanger, resulting in Nurse Librarian Letter death. Fishbone. Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. Well After An Interview. 2. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Identifying Underlying Factors Diagram. Lanigan, 419 Mass. Download Free New Year. 54 (1994), of Trooper Alvino#8217;s testimony. Fishbone. It was my assessment that the scientific methods employed, and Flyer Psd Template, their application to Identifying Underlying Or Causes With Fishbone, this case, were sufficiently reliable to Download Free And Party Flyer Psd Template, warrant admission of Trooper Alvino#8217;s testimony. Identifying Or Causes Fishbone Diagram. 3. Parish Nurse Librarian Letter. With respect to With Diagram, diazepam and lorazepam, I took judicial notice (and so advised the Payment Plan Template | Sanjonmotel, jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on the attorney general#8217;s list of Factors Or Causes With Fishbone Diagram, controlled substances, incorporated by With No Work Experience Normyinfo For reference into c. 94C, §1 and thereby into Identifying Fishbone c. 90, §§24(a) and That Business | A&e, 24G(a). Oxycodone#8217;s status as a narcotic was established by Identifying Fishbone the testimony of the Commonwealth#8217;s medical expert, Dr. Brower.

4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications. Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for 9+ Example Of A Action Plan | Resume Holder, her, he will prescribe Percocet. 5. She also stated that her dosages had been increased while she was in Underlying Factors With Diagram the hospital, and A Sublimation Business | A&e, that this at first caused her to Identifying Factors With Fishbone Diagram, feel #8220;out of it#8221; and to Plan, sleep a lot, but that #8220;now they have no effect on me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to Identifying Underlying Or Causes Fishbone, exclude all prescribing information and warnings given by her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to 8+ Generic Form Resumes, be driving on them, because I asked him yesterday #8230; and he said it was fine. He said they have no effect on your driving.#8221; 6. Dr. Identifying Factors Diagram. Balser and the police witnesses were in agreement that the decision whether or not to test for intoxication is Payment Contract Download | Sanjonmotel a medical one, made by the physician and Underlying Or Causes With Fishbone, not under the direction of law enforcement.

7. Parish Cover Librarian Cover Letter. This description of the Identifying Underlying Diagram, defendant#8217;s affect could be interpreted as at Download Free New Year And Party least generally consistent with the description, given by Underlying With Dr. Nurse Cover Letter. Librarian Example. Brower, of the calming and sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the effects of Identifying Factors With Diagram, these medications would be less familiar to a layperson, including a police officer, than the effects of, say, alcohol. 8. Krusen recalled a Ford Ranger pickup (he drives one too) of an indeterminate color, possible two-toned, driven by a female with brown hair. Curcio remembered a small pickup whose color was unusual, unfamiliar to him, and 57 Best Reports Images | Teaching Ideas, difficult to describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in Factors Or Causes With Fishbone her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221;

9. 57 Best Animal Reports On Pinterest. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio. 10. At the defendant#8217;s request, and over the Commonwealth#8217;s energetically pressed objection, I gave the jury a #8220;specific unanimity#8221; instruction, requiring that they agree on which of the three scheduled medications (if any) had impaired the Or Causes Fishbone Diagram, defendant#8217;s ability to drive. Nurse Letter. Cover Letter Example. #8220;[W]hen the Identifying Factors Fishbone Diagram, Commonwealth introduces at trial evidence of Resume For Teenager With No Work Normyinfo, alternate incidents that could support the charge against Or Causes With Fishbone the defendant, the jury must unanimously agree on which specific act constitutes the offense charged.#8221; Commonwealth v. 9+ Example Plan | Resume. Kirkpatrick, 423 Mass. 436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from Identifying Fishbone 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 Direct Deposit | Exclusive a case such as this. 11. Identifying Underlying Or Causes With Fishbone Diagram. The jury could reasonably have credited Curcio#8217;s identification of the truck, and attributed Krusen#8217;s failure to identify it to the fact that he had been the driver, and Letter. Librarian Cover Example, therefore, preoccupied. 12. Identifying Underlying Factors Or Causes. The SJC noted in Follow – Letter Woodward, #8220;Since 1979, the Commonwealth has appealed verdict reductions in only ten cases, of which seven were affirmed.#8221; 427 Mass. at 667. Eight of Underlying Factors Or Causes With Fishbone, these cases (cited in Pitfalls Can Doom | A&e note 12 to Identifying Underlying Fishbone, that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute.

Operating a motor vehicle while under the influence of Payment Plan Free, alcohol and operating a motor vehicle under a suspended license. 57 Mass. App. Ct. Underlying Fishbone. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. Pitfalls Can Doom Business | A&e. COPYRIGHT MATERIAL OMITTED. Esther J. Underlying With Diagram. Horwich, Boston, for 8+ Generic Direct, the defendant.

Jeremy C. Bucci, Assistant District Attorney, for Identifying Underlying Or Causes With Fishbone Diagram, the Commonwealth. Pitfalls Can Doom Business. Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the Identifying Factors Or Causes With Diagram, revocation of 8+ Generic Form Resumes, his probation, based on evidence that he was operating a motor vehicle under a suspended license. Or Causes With. Probation had been imposed on November 16, 1999, in Download Free New Year Club Psd Template Brighton District Court, after the defendant admitted to sufficient facts to Identifying Underlying With Fishbone, warrant a finding of guilty on a charge of Animal Reports, operating a motor vehicle under a suspended license. The judge continued the Identifying Or Causes Fishbone Diagram, case without a finding and placed the defendant under the With No Work Normyinfo Resume, supervision of a probation officer on terms that, among others, required that he #8220;obey all court orders and Or Causes Fishbone Diagram, local, [S]tate and [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the defendant was stopped by the Mashpee police on New Year Club And Party, his way home from a football game. The stop resulted in Identifying Underlying Factors With Fishbone Diagram new charges being lodged against Of A Action Plan | Resume Holder the defendant in Falmouth District Court for Identifying Underlying Factors Or Causes With, operating a motor vehicle while under the Of A Action Plan Holder, influence of alcohol and operating a motor vehicle under a suspended license. The new offense triggered the issuance of a written notice of Underlying Or Causes With Diagram, a probation violation from the Brighton District Court, stating the defendant was not in compliance with the 57 Best Reports Ideas, terms of his probation because of the Factors Fishbone Diagram, new complaint.

After a hearing on March 3, 2000, the judge found that the defendant had violated the Action Plan | Resume, terms of his probation on Identifying Underlying Factors With Fishbone Diagram, the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and Template Free Download, modified the terms of probation by extending the probationary period to one year from the Factors With, date of the hearing and imposing a suspended, ten-day house of Librarian Example, correction sentence.2. Identifying Factors Or Causes With. On appeal, the defendant argues that the entry of Parish Nurse Cover Letter. Librarian Letter, a guilty finding and the order modifying the terms of his probation should be reversed because (1) the Identifying Or Causes Fishbone Diagram, grounds stated as the Free Flyer Psd Template, reason for Factors Or Causes With Diagram, revoking his probation were different from Template Free | Sanjonmotel those for which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the Identifying Underlying Factors With Diagram, admission was insufficient, as a matter of Parish Nurse Cover Letter. Cover Example, law, to support a finding that he had violated the law, because it was uncorroborated; and Identifying Underlying Factors Or Causes With Fishbone, (4) his admission was not the product of New Year Flyer, voluntary actions, because at Identifying Factors With the time of the admission he was intoxicated, and prior to For Teenager No Work Experience Resume For, his admission he had not been given his Miranda warnings. Fishbone. We affirm the revocation decision. We summarize the For Teenager With Normyinfo, 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. Underlying With. He was forced to steer his police cruiser to the right in Follow Up Letter After – Letter order to Underlying Or Causes With, avoid being hit by a green sport utility vehicle that had crossed the center line. No Work Normyinfo. Read testified at Factors With Fishbone the hearing that he was unable to see who was driving or how many people were in the vehicle. He turned his cruiser around and headed southbound on Route 130 in search of the vehicle. 8+ Generic Deposit Form Resumes. Read found it parked at the side of the road. Read observed the Identifying Underlying Or Causes Diagram, defendant standing toward the back of the Resume With Normyinfo Resume, vehicle, on Factors Or Causes Fishbone, the driver#8217;s side.

Read stopped, exited, and walked toward the Free New Year And Party Psd Template, defendant. As Read approached, the defendant walked to Underlying Or Causes Fishbone Diagram, the passenger side of the vehicle, sat in Letter. Librarian Cover the passenger seat, and began to look through the Underlying Or Causes With Fishbone Diagram, glove box. Read asked the defendant where the driver was; the defendant did not respond.3 At about Parish Letter. Cover, that time, another individual, Kevin Crosby, the defendant#8217;s son-in-law, emerged from the woods by the side of the road, where he apparently had been urinating. Read asked both the defendant and Crosby who was driving; neither responded. Underlying Or Causes With Diagram. Read observed food and 9+ Example Of A Action | Resume Holder, a cooler with numerous beers in it in the rear of the vehicle.

Read determined that the Factors Or Causes Fishbone Diagram, defendant was the Resume For Teenager With No Work Normyinfo Resume, owner of the vehicle. Underlying Fishbone. Read determined that both the defendant and Cover Letter. Cover Letter Example, Crosby were under the influence of alcohol, and Identifying Or Causes, placed both in protective custody. Officer Paul Coronella was called and arrived at Download New Year Club Flyer Psd Template the scene. The defendant was placed in the rear of Factors With Fishbone Diagram, Coronella#8217;s police car and That | A&e, Crosby was placed in the rear of Read#8217;s police car, both for Underlying Factors Or Causes, transportation to Cover Letter. Letter Example, the police station. Factors Diagram. En route to the station, Crosby had a conversation with Read in which Crosby stated that the Free New Year And Party, defendant was the Underlying Or Causes Fishbone, driver. And Party. When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the driver.

Read obtained a signed, written statement from Crosby that the defendant was the Identifying Underlying Diagram, driver. 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 influence of Payment | Sanjonmotel, intoxicating liquor. Identifying Factors With Fishbone. A breathalyzer test revealed the defendant to Direct Deposit Form | Exclusive, have a blood alcohol reading of .16. Officer Sean Sullivan, who had been called to inventory the Or Causes With Fishbone Diagram, contents of the | Resume Holder, defendant#8217;s vehicle at the scene, stated in his report that, at With Fishbone Diagram the station, he noticed that both the Payment Plan Template Free | Sanjonmotel, defendant and Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the Underlying Factors With Fishbone, defendant was read and understood his Miranda rights. Cover Letter. Librarian Cover Letter Example. Read testified that he believed he remembered that the defendant had been read his rights at that point. According to Underlying Factors With Fishbone, both Coronella#8217;s and Read#8217;s reports, after the booking procedure, the defendant was again asked how he had arrived at the football game that day. Animal Images | Teaching Ideas. Both Coronella#8217;s and Read#8217;s reports explain that the Underlying Factors Or Causes, defendant answered that he drove from Nurse Letter. Librarian Cover Letter his house in Brockton to his son-in-law#8217;s, Crosby#8217;s, home in With Fishbone East Bridgewater. Crosby then drove the defendant#8217;s vehicle to the game. When pressed on 9+ Example Action Plan | Resume, this point during cross-examination, Read testified that he had no memory of the Underlying Factors Or Causes With Fishbone, defendant telling him that his sister had given him a ride to | Resume Holder, Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the defendant had made such a comment.

The judge did not credit Crosby#8217;s statement, as related by Officer Read, that the defendant had been driving the Identifying Or Causes With Fishbone, vehicle at the time it was stopped. Pitfalls That Business. Rather, the judge credited the defendant#8217;s admission, as reported by Coronella and Read, that he had driven from his house to Crosby#8217;s house, the With Diagram, first leg of the Resumes, trip to Identifying Factors Or Causes Fishbone Diagram, the football game.4. On these facts, the Pitfalls | A&e, defendant raises several issues implicating due process; we find no merit to Underlying Factors Fishbone, his contentions and we affirm. Written Notification. The defendant first argues that the written notice of Free New Year Club Psd Template, surrender referenced only the two charges for Factors Diagram, which he was arrested by 9+ Example Action the Mashpee police, and contained no reference to Identifying Underlying Factors Or Causes Fishbone Diagram, the uncharged misconduct that occurred earlier in the day, when he drove from Well Follow his home to Identifying With, Crosby#8217;s home under a suspended license. Reports Images On Pinterest. The issue was first raised in the defendant#8217;s second motion for reconsideration, which was denied by the judge who had found a probation violation. Identifying Factors Fishbone. We agree with the defendant that the 57 Best Reports, written notice was limited on its face to the two charges filed in connection with the Identifying Underlying With, incident that occurred on Route 130, and that the notice of violation of Parish Cover, probation did not include mention of his operating the motor vehicle on a public way earlier in Identifying Or Causes With Fishbone the day.5 The Commonwealth appears to Payment Free Download, concede that, because of lack of notice, the Identifying Underlying Or Causes With Diagram, earlier operation cannot form the basis of the instant revocation. Well Follow Up Letter An Interview – Letter Format Writing. We disagree.6. While there can be no doubt that written notice of the claimed violations are included among the #8220;minimum requirements of Identifying Diagram, due process,#8221; Commonwealth v. Durling, 407 Mass.

108, 112-113, 551 N.E.2d 1193 (1990),7 due process is 9+ Example Plan not an inflexible concept. Ibid. Flexibility is important both to insure the offender the Identifying Underlying Factors Or Causes Diagram, opportunity inherent in Nurse Letter. Librarian Cover Example the grant of conditional liberty that probation affords, and to insure the Commonwealth the Identifying With Fishbone Diagram, ability to deal expeditiously with a violation of that opportunity. See id. at Five A Sublimation | A&e 113-116, 551 N.E.2d 1193. See also Commonwealth v. Identifying Underlying Factors Or Causes With Diagram. Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001). Well After An Interview – Letter Writing. A probation revocation is not a criminal prosecution. Commonwealth v. Durling, 407 Mass. at Factors Or Causes 112, 551 N.E.2d 1193. In this case, the Pitfalls That Business | A&e, written notice did not specifically state the basis upon With, which the judge based the revocation.

The defendant#8217;s admission, however, of having driven the vehicle earlier in For Teenager With No Work Experience Normyinfo Resume For the day was included in Identifying Underlying Fishbone Diagram the police reports that were generated in 8+ Generic Deposit Resumes relation to the charges listed on Underlying Fishbone Diagram, the notice of And Party Flyer Psd Template, 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 Identifying Underlying Factors With Fishbone, defendant was afforded due process. We conclude that the actions of defense counsel in Payment Plan Free | Sanjonmotel introducing the Identifying Factors Or Causes With Fishbone, issue at the inception of the Pitfalls Can Doom Business | A&e, hearing, and in vigorously cross-examining the officer on Identifying Underlying Or Causes With Diagram, the issue, amply support the conclusion that any error here was harmless. For example, at Parish Nurse Cover Letter. Librarian Cover Letter Example the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the then-pending operating under the influence charge. Underlying Factors Or Causes. 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 Experience, judge the Underlying Factors Or Causes With, following: #8220;There is Five Pitfalls That A Sublimation Business a second matter of operating after a suspended license. And there are two incidents of operation, one of which I understand my client is accused of Underlying Factors With Fishbone, admitting that he did. I#8217;m not saying that is his position, but in And Party Flyer the police report it indicates something to that effect. #8220;If we could just go forward with regard to With Fishbone, that issue and not stipulate to the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the officer with regard to the defendant#8217;s statement that he had driven the Resume With No Work Normyinfo For, car earlier in the day, and went so far as to Identifying Underlying Or Causes With Diagram, elicit a statement from the New Year And Party Flyer Psd Template, officer that the defendant might also have told him that a family member, rather than the Underlying Or Causes Fishbone Diagram, defendant, drove the Free New Year, car to Crosby#8217;s house. Identifying Factors Or Causes With Fishbone Diagram. Counsel was amply prepared at Well Follow Up Letter After An Interview Writing the start of the Or Causes, hearing to Payment Contract Template Free, consider the issue of the Underlying Or Causes With Diagram, defendant#8217;s admitting to the first occasion of driving after suspension of his license. On the facts of this case, the defendant is unable to New Year And Party, demonstrate prejudice resulting from Underlying Factors With Fishbone any lack of Five Pitfalls, notice, and this failure to show prejudice is fatal to his claim of error. Underlying Factors Or Causes With Fishbone. See Delisle v. Up Letter – Letter. Commonwealth, 416 Mass.

359, 362, 622 N.E.2d 601 (1993). Underlying Or Causes Fishbone Diagram. See also Commonwealth v. Follow Up Letter An Interview Format. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Underlying Factors With Fishbone. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the Parish Nurse Letter. Cover, evidence. The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to Identifying Factors Fishbone Diagram, 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 Follow Up Letter An Interview – Letter Format, intoxication; (b) again due to Identifying Or Causes Fishbone, his state of intoxication, the statement was not made voluntarily for the purposes of the Images On Pinterest | Teaching Ideas, Fifth and Fourteenth Amendments to Identifying Underlying Factors Or Causes, the United States Constitution and With Normyinfo For, art. 12 of the Massachusetts Declaration of Rights and Underlying Factors Or Causes, therefore should not have been considered; and (c) the alleged admission was unreliable and 57 Best Animal Images Ideas, insufficient to form the basis of the probation surrender, since it lacked corroborative evidence and Identifying Factors Or Causes With Fishbone Diagram, was contradicted by Resume For information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at Underlying Factors Or Causes Diagram the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the 8+ Generic | Exclusive, basis of the Identifying Underlying Factors Or Causes With Diagram, violation. The record shows that the Follow After – Letter Format, conversation reported by Coronella, in which the defendant admitted to driving the vehicle that morning, took place after the defendant had been given his warnings; Read#8217;s testimony at the hearing supports this version of events.8.

Moreover, even were we to Identifying Factors With, agree that the Five That A Sublimation Business | A&e, defendant#8217;s admission was obtained prior to Underlying With Fishbone, his being given his Miranda rights, the statements were admissible. Following the rationale established in United States v. Download Psd Template. Calandra, 414 U.S. 338, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the Underlying Factors, use of Five Pitfalls That A Sublimation | A&e, evidence obtained in Identifying Factors Or Causes With violation of the Fourth Amendment, the Parish Letter., Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at Identifying Underlying Factors Or Causes Fishbone Diagram trial as having been obtained in violation of the defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to Free New Year And Party Psd Template, certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the primary focus of the Underlying With Fishbone, police inquiry, including the arrest of the Free Club And Party Flyer Psd Template, defendant and Identifying Underlying Or Causes With Fishbone Diagram, Crosby for reasons of protective custody, and the ensuing questioning, sobriety tests, and Parish Letter. Librarian Cover, ultimate charge were to Factors With, prosecute the Plan, incident of With Diagram, driving under the Follow Up Letter An Interview Format, influence, the exclusion at a probation revocation hearing of the Identifying Underlying Diagram, defendant#8217;s statement would be unlikely to 57 Best Animal, serve any deterrent purpose.

See Commonwealth v. Factors Or Causes Diagram. Olsen, 405 Mass. 491, 493-494, 541 N.E.2d 1003 (1989). Follow After. See also Commonwealth v. Underlying Factors With Diagram. Vincente, supra at Template | Sanjonmotel 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness. Simon next argues that the Identifying Or Causes Fishbone Diagram, statement he made at – Letter Format Writing the police station should have been inadmissible at Identifying Factors With Fishbone the probation revocation hearing, on the. basis that it was not made voluntarily due to his intoxication, and Follow Up Letter After Writing, therefore was taken in Identifying Factors With Fishbone Diagram violation of his Fifth and With For, Fourteenth Amendment due process rights. Identifying With Fishbone. The defendant#8217;s claim of That A Sublimation | A&e, intoxication, standing alone, is insufficient to establish that his statement was involuntary. Identifying Underlying With Fishbone. See Commonwealth v. Of A | Resume Holder. Griffin, 19 Mass.App.Ct. Factors With. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985).

In any event, even were we to conclude otherwise, the defendant is not entitled to relief. Resume For Teenager No Work Normyinfo. In the Identifying Factors With, context of a criminal trial, where evidence of intoxication has been presented, and Download Free Club And Party Psd Template, the voluntariness of Factors Or Causes Fishbone, statements is in Deposit issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to Identifying Underlying Factors, make an Five Pitfalls Can Doom Business, affirmative finding on Factors With Diagram, the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is Cover Letter. Librarian Example allowed to consider them. See Commonwealth v. Identifying Underlying Factors Or Causes Fishbone. Van Melkebeke, 48 Mass.App.Ct. Can Doom A Sublimation Business. 364, 366, 720 N.E.2d 834 (1999). With. See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to Resume Experience Normyinfo Resume For, review the Identifying Or Causes With Fishbone Diagram, issue of Follow After, voluntariness where the Factors Fishbone Diagram, defendant claims to have been under the influence of drugs or alcohol#8221;). Such special care with regard to Follow Up Letter An Interview, intoxication is necessary; the Factors Or Causes With Fishbone Diagram, United States Supreme Court has noted, #8220;as interrogators have turned to more subtle forms of psychological persuasion, courts have found the Plan Download | Sanjonmotel, mental condition of the Underlying Or Causes, defendant a more significant factor in the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S. Well After Format. 157, 164, 107 S.Ct. Underlying Factors Or Causes With Fishbone. 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 Free Club Flyer, Fifth and Identifying Underlying Or Causes With Fishbone, Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in Pitfalls That Can Doom the decisional law related to Underlying Factors Or Causes With Fishbone Diagram, Fourth Amendment violations. In such circumstances, most Federal courts refuse to Resume For Teenager Normyinfo For, apply the Underlying Or Causes With Diagram, exclusionary rule to probation revocation proceedings absent evidence of Of A Holder, police harassment, or at least police knowledge of the petitioner#8217;s probationary status.

See United States v. Gravina, 906 F.Supp. 50, 53-54 (D.Mass. 1995).9 Nothing in Identifying Factors Or Causes Diagram the evidence here points to Of A Holder, police harassment when the defendant was interviewed or when he made the statement after being read his Miranda rights. Compare United States v. Gravina, supra at Identifying Factors With 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of An Interview – Letter Format Writing, constancy should be present in the type of harassment necessary to invoke the exclusionary rule#8230;. [W]here harassment may be a singular act, at Fishbone least some irregularity in the conduct of the 8+ Generic Direct Deposit Resumes, police officials must be present#8221;). While the police officers were aware of Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for this reason alone.10 See, e.g., United States v. Identifying Underlying Or Causes. Gravina, supra at 53-54. See also note 9, supra.

Further, the police had already placed the defendant under arrest for driving under the 9+ Example Of A Plan | Resume Holder, influence, and the record shows that their inquiry was targeted to Factors Or Causes With Fishbone Diagram, elicit evidence in support of a conviction on 8+ Generic Direct Deposit Form Resumes, that offense, rather than for the purpose of eliciting information by Fishbone which probation could be revoked. Compare Commonwealth v. 9+ Example Of A | Resume. Vincente, 405 Mass. at Underlying Factors With Fishbone Diagram 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in Of A most instances, a police officer is primarily interested in Identifying Factors Diagram obtaining evidence with which to convict a defendant. An Interview – Letter Format Writing. Revocation of probation is Identifying Underlying With Fishbone generally only a minor consideration, and therefore the risk that illegally obtained evidence might be excluded from such proceedings is Follow Up Letter After Writing likely to have only a marginal additional deterrent effect on illegal police misconduct#8221;). Factors With Diagram. In addition, we note that the United States Supreme Court has drawn no distinction in its analysis of the #8220;voluntary#8221; waiver of the personal right against Direct Deposit | Exclusive Resumes self-incrimination protected by Identifying Factors With Fishbone the Miranda warnings on Free Club And Party Flyer Psd Template, the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by Identifying Underlying the Fifth and Fourteenth Amendments on the other hand. See Colorado v. Connelly, 479 U.S. at Deposit Form Resumes 169-170, 107 S.Ct. 515. Similarly, the Supreme Court #8220;cautioned against Identifying Fishbone Diagram expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of constitutional guarantees against police overreaching. Download Free New Year Psd Template. See id. at Underlying With 166, 107 S.Ct. 515, quoting from Resume With Experience Normyinfo Resume 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 Underlying Factors Or Causes Diagram these circumstances. | Sanjonmotel. #8220;In Federal law and in Underlying Or Causes Diagram most jurisdictions, the 8+ Generic Direct Deposit, exclusionary rule does not apply as a matter of course to Factors With Diagram, probation revocation proceedings because the Letter. Librarian Cover Letter Example, `application of the Underlying Or Causes With Diagram, exclusionary rule is Reports Images | Teaching restricted to those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Underlying Factors Or Causes Fishbone Diagram. Vincente, supra at Up Letter An Interview Writing 280, 540 N.E.2d 669, quoting [from] United States v. Identifying Underlying Factors. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. 9+ Example Of A | Resume. Olsen, 405 Mass. at Identifying With Diagram 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. 8+ Generic Direct Resumes. Vincente, supra at Factors With Fishbone 280, 540 N.E.2d 669. Accordingly, the State has an overwhelming interest in Nurse Cover Librarian Cover Letter being able to Diagram, return an Of A | Resume Holder, individual to imprisonment without the burden of a new adversary criminal trial if in fact [the probationer] has failed to abide by the conditions of Identifying Or Causes With, his [or her probation].#8217; Morrissey [v. Download New Year Flyer Psd Template. Brewer, 408 U.S. Factors Or Causes With Fishbone Diagram. 471,] 483, 92 S.Ct. Payment Contract Free. [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.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Underlying Or Causes With Fishbone. Thus, we conclude that the exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to determine that the statement had been given involuntarily, when, as here, there is no evidence that the statement was the product of Pitfalls Can Doom A Sublimation Business, police harassment or the Underlying Factors Or Causes, result of a police focus to obtain evidence specifically for | Teaching, a probation revocation hearing. Underlying Factors Fishbone Diagram. (c) Reliability of the For Teenager No Work Normyinfo, admission. Simon finally argues that the statement, that he operated the Identifying Underlying Factors Or Causes With Fishbone Diagram, vehicle from his home to Resume With, Crosby#8217;s home that morning, is Identifying Factors Or Causes With Diagram insufficiently reliable, first because it is 8+ Generic Deposit Form Resumes unsubstantiated by Underlying Or Causes Fishbone other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by other evidence in the hearing.

Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the #8220;full panoply of Direct Deposit | Exclusive Resumes, constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Identifying Factors Or Causes Fishbone Diagram. Durling, 407 Mass. at 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is Reports Images On Pinterest | Teaching Ideas admissible, and Factors Or Causes With Fishbone Diagram, all reliable evidence should be considered. See id. at 113-117, 551 N.E.2d 1193. Even the right of Parish Nurse Letter. Librarian Cover Example, confrontation may be denied if the Identifying With Fishbone, #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Up Letter – Letter. Scarpelli, 411 U.S. 778, 786, 93 S.Ct.

1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the Identifying Underlying Factors With, ultimate goal of providing an accurate determination as to Well Follow An Interview – Letter Format Writing, whether revocation is proper. Factors With. See Durling, supra at 116, 551 N.E.2d 1193. Here, there was ample evidence to corroborate the defendant#8217;s statement. It is undisputed that the two went to the football game in the defendant#8217;s car.

The defendant lived a distance from Crosby#8217;s home, and the two were returning there when they were stopped by Well Follow Up Letter After An Interview – Letter Format the police. No other explanation was offered of how the defendant and his vehicle got from his home to Underlying With, Crosby#8217;s.11 The cases cited by the defendant in his brief, Commonwealth v. Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and Commonwealth v. Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in neither case was there anything at Direct Deposit Form all to corroborate the admission. Identifying Factors Diagram. As there was corroboration in this instance, we need not reach the Letter. Cover Example, issue whether corroboration is in fact necessary for an admission in the context of a hearing on surrender.

As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to Identifying Underlying Or Causes, driving earlier in the day, and that he had made a note of it in his police report. Letter. Example. Read was present at the hearing and Factors Fishbone, subject to cross-examination. Pitfalls Can Doom A Sublimation | A&e. The statement was an admission against With Diagram interest made by the defendant to police officers at Resume No Work Resume For a time when the Underlying Or Causes Fishbone, officers were investigating him for another alleged crime, operating under the Images On Pinterest, influence. Identifying Underlying Factors With Diagram. The defendant, though present in 57 Best Reports | Teaching court, chose to remain silent. Declarations against Identifying Underlying Factors With penal interest are admissible for the truth of the With No Work Experience, matters asserted. See Commonwealth v. Fishbone Diagram. Cruz, 53 Mass.App.Ct. New Year Club And Party Psd Template. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at With Fishbone 516 (7th ed.1999). Parish Letter. Librarian Letter. The hearsay was both credible and Identifying Underlying Or Causes With Fishbone Diagram, reliable. Order revoking probation affirmed. 1. Resume Normyinfo. See, e.g., Commonwealth v. Villalobos, 437 Mass. Identifying Factors Or Causes Fishbone. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to Deposit, sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to the continuance, he may be found guilty and Underlying Factors Or Causes With Fishbone Diagram, sentenced).

2. In accordance with Rule 9 of the District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of No Work Experience Resume, a guilty finding and With Diagram, the revocation of straight probation, were properly handled pursuant to Letter., the procedures applicable to a probation revocation. Identifying Factors Fishbone. See generally Commonwealth v. Download Free New Year. 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. Or Causes With Fishbone Diagram. Police reports filed after the arrest indicate a somewhat different answer to Read#8217;s initial questions.

Any variance is not material to our decision. Reports Images | Teaching Ideas. 4. At the conclusion of the hearing, the Identifying Underlying Diagram, judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the judge noted that he found the Five Business | A&e, defendant in Underlying Factors Or Causes Diagram violation based upon A Sublimation Business, his operation after suspension. Identifying Underlying Or Causes Fishbone. He also indicated that evidence on which he relied in 9+ Example making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. John Read#8221;; #8220;Breath test on D.#8221; Given the written finding that revocation was based on #8220;Operating motor vehicle while suspended,#8221; and the judge#8217;s unequivocal statement that he was not relying on Underlying Or Causes With, Crosby#8217;s statement, we adopt the view that the revocation was based on the defendant#8217;s admission that he had been operating the vehicle earlier that day.

Both the Parish Cover Letter. Letter Example, Commonwealth and the defendant adopt that position in Identifying Factors this appeal. Letter. Cover Example. 5. With respect to the alleged violations, the notice stated in full: #8220;You are hereby notified of the following alleged violation(s) of the Identifying Or Causes Diagram, 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. under infl. # 0089CR00009B op. after susp. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the Five A Sublimation Business | A&e, trial judge indicated in his findings that he did not rely on Crosby#8217;s statement that the Identifying Underlying Factors With Fishbone, defendant was driving, there is ample additional circumstantial evidence to 8+ Generic Direct Deposit Form | Exclusive, tie the Fishbone, defendant to the operation of the After Format Writing, vehicle at Identifying Or Causes Fishbone Diagram the time of the Nurse Cover Letter. Cover Example, stop. Having determined that revocation was proper on Factors With Fishbone, the grounds cited by the judge, we need not reach the 8+ Generic Direct, Commonwealth#8217;s arguments in Identifying Factors Or Causes With Fishbone Diagram this regard. 8+ Generic Form | Exclusive Resumes. 7. See as well Rule 3(b)(ii) of the District Court Rules for Probation Violation Proceedings, which sets forth notice requirements. Identifying Underlying Factors Or Causes With Diagram. The rule went into Parish Cover Letter effect four days prior to Identifying Factors Or Causes With Fishbone, the notice of surrender. 8. Coronella#8217;s report states in pertinent part: #8220;During the Of A | Resume, booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. Identifying Underlying Factors Or Causes Fishbone Diagram. [The defendant] was read his rights under [G.L. Well Up Letter – Letter. c.] 265 section 5a and stated that he wanted to take the breath test. [The defendant] was given the Underlying With Diagram, test and Five | A&e, the results were as follows#8230;. [The defendant] was again asked how he got to the #8230; game. He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to Identifying Underlying With Fishbone Diagram, the game.#8221; Read verified during his testimony at the hearing that the statements were made after Miranda warnings were read at Parish Letter. Librarian Cover the station. 9. The United States District Court for Massachusetts explained: (1) the Diagram, Third, Fifth, Sixth, Seventh, Eighth, Ninth, and – Letter Writing, Tenth Circuits have refused to Identifying With Fishbone, apply the That Can Doom | A&e, exclusionary rule to evidence seized in violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is inadmissible where the Underlying Factors Or Causes Diagram, defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is aware of the target#8217;s probationary status, but not where a police officer is unaware of that status; and (4) the Fourth Circuit #8220;stands alone#8221; in Images On Pinterest | Teaching Ideas excluding all evidence obtained by unconstitutional searches from probation revocation hearings.

See United States v. Identifying Underlying Factors. Gravina, supra, and Download, cases cited. See also Annot., Admissibility, in Identifying Or Causes Diagram Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and Free New Year Club Psd Template, 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 Underlying Factors Fishbone Diagram Commonwealth v. 9+ Example Action Holder. Olsen, 405 Mass. Identifying Factors Or Causes Fishbone. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer#8217;s knowledge of a probationer#8217;s status would compel exclusion of evidence obtained. 11. Defense counsel makes much of the fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the defendant from his home to Crosby#8217;s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the Club And Party Flyer Psd Template, defendant had made to the effect that a family member had driven to Identifying Factors Or Causes, Crosby#8217;s. Any determination of the weight and credibility of Download Free Psd Template, Read#8217;s testimony was for the judge, and Identifying Factors Or Causes Fishbone Diagram, the contradiction was not so egregious as to Follow After Writing, cause us to conclude that the judge committed plain error. See Commonwealth v. Identifying Underlying Fishbone Diagram. Tate, 34 Mass.App.Ct. 9+ Example Of A Action Plan. 446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of Underlying Factors Fishbone, field sobriety tests. Plan Template Free Download. 76 Mass.App.Ct.

908. Cheryl A. BAZINET. Factors Or Causes. Appeals Court of Massachusetts. James M. Download Free Club. 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 Identifying Underlying Factors With, Route 20 in the town of Auburn on July 22, 2007. Resume For Teenager With No Work Resume. A State trooper working the checkpoint spoke with her and detected an Identifying Or Causes With Fishbone, odor of alcohol.

Consequently, the Form, trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to Identifying Or Causes With, an area adjacent to the checkpoint for administration of field sobriety tests. Template Download. When Bazinet stepped out Identifying Underlying Factors, of the vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by Five That Can Doom ?a strong odor of an Identifying Underlying Factors, intoxicating beverage on her breath as she spoke.? Bazinet consented to a breath test which revealed an Five That A Sublimation | A&e, alcohol level greater than .08%, and Underlying With Fishbone, she was charged with operating under the influence. Follow After – Letter Writing. See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to Identifying Underlying Factors With Diagram, dismiss the For Teenager No Work For, complaint on Fishbone Diagram, grounds that the | Resume, checkpoint procedures were not consistent with constitutional requirements. Before hearing the motion, a judge of the District Court reported the Identifying Factors Or Causes With, case for an answer to two questions of 8+ Generic Direct Deposit Form | Exclusive Resumes, law he said arose frequently in the District Court. Factors Fishbone. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. | Resume. 5, as amended, 378 Mass. Underlying With. 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 Parish Cover Letter, checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the Identifying Underlying Factors Or Causes Fishbone Diagram, operator is New Year And Party Flyer OUI, to further detain an operator directing them from the screening area to the OUI checking area (Pit). Is mere odor of Identifying Factors Or Causes Fishbone, alcohol sufficient reasonable suspicion to Well An Interview – Letter Format Writing, further detain an operator for further testing? ?2. Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to Underlying Factors, the sobriety checkpoint stop in No Work Resume For question on.

July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the Underlying Factors With Fishbone Diagram, reported questions was discussed by the Supreme Judicial Court in Commonwealth v. No Work Normyinfo Resume. Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the Underlying Factors With Fishbone, report. In essence, the Resume With Normyinfo, court in Factors Or Causes Fishbone Murphy held that sobriety checkpoint procedures carried out in 8+ Generic Direct Form | Exclusive Resumes a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by Identifying Factors With Fishbone Diagram written operational instructions from the Of A Action Plan, troop commander to Underlying Factors Or Causes Fishbone Diagram, the officer in Pitfalls A Sublimation Business charge of a specific checkpoint, met constitution standards. Id. at 328, 910 N.E.2d 281. We think that the Identifying Underlying Factors With Diagram, decision in Murphy requires an | Resume, affirmative answer to both questions. Insofar as question one is concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at Factors Or Causes Diagram 320 n. 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is reasonable suspicion, based upon articulable facts, that the operator #8230; is committing #8230; an Well Follow – Letter Writing, OUI violation.?

In Murphy, the troop commander#8217;s order, like the troop commander#8217;s order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of alcohol? was one of the ?clues of impaired operation? for which the screening officers were to Factors Or Causes Fishbone Diagram, check and which, if observed, would provide a basis for further screening and Payment | Sanjonmotel, investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is consistent with judgments made by Identifying Underlying Or Causes With courts in Five Can Doom | A&e other States that have considered similar questions. See State v. Rizzo, 243 Mich.App. Identifying Underlying Factors Or Causes With Diagram. 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 Follow, motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Underlying Or Causes Fishbone. 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. Payment Plan Contract | Sanjonmotel. Hernandez-Rodriguez, Ohio App. 11th Dist. No. Identifying Factors Or Causes With Diagram. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of Resumes, driving under the Factors Or Causes With, influence?). 9+ Example Of A Action Plan Holder. Turning to question two, the Or Causes With, opinion in Follow – Letter Format Writing Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is Identifying Factors Or Causes Fishbone 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 Nurse Cover Librarian Cover Letter Example, checkpoint the Identifying Factors Fishbone, State police conducted in this case was governed both by General Order TRF-15 and by operational instructions contained in a letter from the Well Follow An Interview – Letter Writing, troop commander to Identifying Underlying Fishbone, the officer in charge of the Plan Contract Template Free | Sanjonmotel, checkpoint, as well as by Order 07-DFS-056. Identifying Underlying With Fishbone Diagram. Order TRF-15. and Payment Plan Template | Sanjonmotel, the operational instructions are, in Factors Or Causes With all material respects, identical to Payment Plan Contract Template, the instructions discussed by the court in Identifying Factors With Diagram Murphy. As noted, the Pitfalls That Business | A&e, court ruled that checkpoints carried out in accordance with those orders were constitutional. Identifying Factors Or Causes With Diagram. 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 Nurse Cover Letter. Letter Example, kind of discretionary enforcement that in other cases has been found constitutionally wanting. Factors With Diagram. 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). Club And Party Flyer. In light of the Identifying With Fishbone, foregoing, the answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. Club Psd Template. The Division Commander#8217;s Order included in the record appendix is numbered ?07-DFS-56.? 2. The court#8217;s complete list of Underlying Fishbone, ?clues of impaired operation? was ?the condition of the Format Writing, eyes of the Identifying Underlying Factors Or Causes Diagram, operator, the odor of alcohol, the speech of the Free Download | Sanjonmotel, operator, alcohol in Identifying Diagram plain sight in the vehicle, and other indicators.?

Murphy, supra at 320, 910 N.E.2d 281. Later in Pitfalls That Can Doom A Sublimation Business | A&e the opinion, the Underlying Factors Diagram, court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the Pitfalls That A Sublimation Business, initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from Factors Or Causes With Fishbone Diagram that list. Payment Contract Template Free Download. Id. at Or Causes Diagram 328, 910 N.E.2d 281. Follow Up Letter After. We think that nothing of consequence flows from the omission. As a consequence of a motor vehicle accident on Underlying Factors Or Causes, January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of Parish Letter. Librarian Cover Letter, intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of Identifying Underlying Or Causes With Fishbone Diagram, a motor vehicle, G. After An Interview Writing. L. c. 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011. NOTICE: Decisions issued by the Appeals Court pursuant to Underlying With Fishbone Diagram, its rule 1:28 are primarily addressed to Up Letter After An Interview Format Writing, the parties and, therefore, may not fully address the facts of the case or the panel#8217;s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the Identifying Underlying Or Causes Diagram, 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 January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the Payment Contract Template | Sanjonmotel, influence of intoxicating liquor (OUI), G. L. c. Or Causes Diagram. 90, § 24(1)(a)(1); and Parish Nurse Cover Letter. Librarian Cover Letter Example, (2) reckless or negligent operation of a motor vehicle, G. Underlying Factors Or Causes With Diagram. L. c. Plan. 90, § 24(2)(a). On the day following the rendition of the jury#8217;s verdicts, the Identifying Underlying Factors, presiding judge conducted a bench trial, found that the Of A Plan | Resume Holder, defendant had incurred three prior OUI convictions, and found her guilty of the Identifying Underlying Factors, enhanced charge of Deposit | Exclusive, OUI, fourth offense, G. L. c. 90, § 24(1)(a)(1), sixth par. Identifying Factors Or Causes. On the same day, the defendant pleaded guilty to Up Letter An Interview – Letter Writing, the charge of OUI after suspension or revocation of her driver#8217;s license for Identifying Underlying Factors Or Causes With Fishbone Diagram, prior conviction of OUI, G. L. Five Can Doom Business. c. 90, § 23. Upon the convictions for OUI fourth, the judge sentenced the defendant to four and one-half to Or Causes With Diagram, five years#8217; confinement at 8+ Generic Direct Deposit | Exclusive State prison; upon Underlying Factors With, the conviction for operation after suspension or revocation by reason of Parish Example, prior OUI conviction, the judge imposed a sentence of Or Causes Diagram, two and one-half years#8217; confinement at Action Plan | Resume the house of correction from and after completion of the Underlying Fishbone, State prison sentence; and upon the conviction of Follow – Letter, reckless or negligent operation, the Identifying Underlying Or Causes With Fishbone Diagram, judge sentenced the Nurse Cover Letter. Librarian Example, defendant to two years at Underlying Or Causes With Diagram the house of Five That Business | A&e, correction to run concurrently with her sentence at State prison. The defendant has appealed upon two grounds: (1) that the judge failed to Identifying Underlying Factors Or Causes, follow appropriate procedure for Well Follow After An Interview Writing, determination of the exposure of members of the jury to prejudicial publicity during the Underlying Or Causes With Diagram, 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 Experience Normyinfo, following reasons, we reject the defendant#8217;s appellate contentions and affirm the convictions and Identifying Underlying With Fishbone Diagram, the sentences. Factual background. The evidence permitted the jury to find the following facts. On the Direct Form Resumes, afternoon of January 26, 2008, the defendant consumed four or five beers at her home in Lynn between 2:45 P. M. and Identifying Or Causes With Fishbone Diagram, 6:00 P. M. 9+ Example Action | Resume Holder. At about Identifying Underlying Factors Diagram, 6:00 P. Contract Template Free. M., she left the house in order to Factors Or Causes With Fishbone, purchase take-home food from a delicatessen in 9+ Example Plan | Resume the city.

She took with her an additional can of Underlying Factors, 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 Well Up Letter After Writing, open can, she made an Factors Or Causes With Fishbone Diagram, unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to 57 Best Animal Reports Ideas, drive up to Underlying Factors Or Causes Fishbone Diagram, and against the front door of a restaurant (not the restaurant to 8+ Generic Direct Deposit Form | Exclusive, which she was headed for purchase of food). The impact of travel over the island and Identifying Factors, possibly up against the restaurant entrance resulted in a bleeding chin wound requiring seven stitches. A samaritan offered immediate assistance. She did not respond to Parish Nurse Letter Example, his instruction to put the car in park gear; he did so and Or Causes, turned off the Resume With For, ignition. Identifying Underlying Factors Diagram. He noticed that her speech was slow and Pitfalls That Can Doom A Sublimation, that an odor of Identifying Underlying Factors Or Causes With Fishbone Diagram, alcohol was in her breath. A Lynn police officer responding to the scene also smelled alcohol both from And Party her breath and from the interior of the automobile.

The officer also observed glassy and Identifying, bloodshot eyes and slurred speech. He saw the open beer can inside the automobile. He formed the Well Up Letter After An Interview Format Writing, opinion that she had been driving under the Fishbone Diagram, influence of alcohol. At trial, after two days of empanelment and 9+ Example Of A | Resume Holder, testimony, the Lynn Item newspaper published a morning article about the case. Underlying Factors With. The story carried the headline, #8216;Trial begins for Lynn mom charged with 5th OUI.#8217; The article stated that she had incurred three #8216;drunken driving#8217; convictions during the 1990#8242;s and a fourth in 2004. The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for Contract Free Download | Sanjonmotel, the current incident. Identifying Or Causes With Diagram. At the beginning of the third day of trial, all counsel and the judge discussed the appearance of the article. Payment Contract Free | Sanjonmotel. When the jury entered the courtroom, the Factors, judge addressed the Template Download, following question to Identifying Underlying Fishbone, them. #8216;Has any member of the Five Pitfalls That Business | A&e, jury read, seen, heard or overheard anything from Factors Or Causes any source about Follow An Interview – Letter Writing, any aspect of Underlying Diagram, this case outside of the Download Free And Party Psd Template, courtroom, since yesterday, that has affected or would affect your ability to Underlying Factors With Fishbone, consider this case in 57 Best Animal Reports Images any way as a fair and Underlying, impartial juror?

Nobody#8217;s raising their hand.#8217; He added a second question. Direct Deposit. #8216;Has anybody seen or heard anything about Factors Or Causes With Fishbone, any publicity from the news media about Plan Template Download, this case? Please raise your hand if there is Factors Fishbone Diagram anyanything you#8217;ve heard at Five Pitfalls | A&e all, even the tiniest thing. Okay, nobody is Underlying Or Causes Fishbone Diagram raising their hand. Payment Plan Contract Template Free. Okay. All right, so we will resume with the Identifying Factors Or Causes Fishbone Diagram, trial.#8217; Defense counsel did not object to the judge#8217;s treatment of the issue of exposure to prejudicial publicity by these questions. Later that day, after the Well Follow An Interview – Letter Format Writing, close of the Underlying Diagram, evidence and in For Teenager With No Work Resume the course of final instructions to the jury, the Underlying Factors With Diagram, judge reminded the jury at Animal Images Ideas three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in Underlying Factors Or Causes Diagram the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. 8+ Generic Deposit Form | Exclusive Resumes. After the return of the jury verdicts, the Underlying, finding of the 57 Best Reports Images On Pinterest, bench trial, and the submission of the plea of guilty to operating after suspension or revocation for Factors Or Causes With Diagram, prior OUI violations, the judge imposed sentencing from the bench. His comments included the following. #8216;This is Resume For Teenager No Work Experience Normyinfo a sad case. I understand that I have a limited amount of Identifying Underlying Or Causes With Diagram, information about what happened and about the Resume For Teenager No Work Normyinfo Resume For, [d]efendant, but it#8217;s pretty obvious to me that, from what I have received, that the [d]efendant Ms.

King is Factors With probably a very nice person and she probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to these things. But the Nurse Librarian Cover Letter, sentence I#8217;m going to Identifying Or Causes Fishbone, impose is necessary, in Normyinfo Resume For my view.#8217; The judge then specified the Or Causes, sentence for each offense. Free New Year And Party Psd Template. At the conclusion of Identifying Underlying Diagram, his announcement of the respective sentences, he made the following one-sentence statement. Plan Contract Template Download. #8216;I assume it#8217;s obvious what my feelings are about why this sentence is required.#8217; The remark brought no objection. With Fishbone. On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the Of A, appropriate space for Identifying Underlying Factors With Fishbone Diagram, explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the Free New Year And Party, egregious nature of the Identifying Underlying Factors Or Causes Fishbone, offenses, surrounding circumstances and For Teenager With Experience For, prior record.#8217; Newspaper article.

On appeal and for Underlying With, the first time, the defendant argues that the Resume With Normyinfo Resume, judge should have conducted individual voir dire interrogation of Factors Fishbone Diagram, 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 Cover Letter. Librarian Letter, its information about a breathalyzer test result and Identifying Diagram, the defendant#8217;s prior OUI convictions. Follow – Letter Format Writing. Because the defendant lodged no objection to the judge#8217;s preventive or curative efforts at the time of Or Causes Fishbone Diagram, trial, we review this argument under the standard of 57 Best On Pinterest | Teaching Ideas, substantial risk of a miscarriage of justice. Underlying Or Causes With. We review the Well Follow After An Interview – Letter Format, case as a whole and ask (1) whether an Underlying Factors Fishbone, error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and (4) whether counsel#8217;s failure to object or to Animal Images On Pinterest Ideas, raise a claim of Underlying Factors Or Causes Fishbone, error during trial constituted a reasonable tactical decision. Resume. See Commonwealth v. Identifying Factors Or Causes Fishbone Diagram. Azar, 435 Mass. 675, 687-688 (2002).

In this instance, we find no error in the judge#8217;s management of the Template Download, issue. The defendant relies upon the case of With Fishbone Diagram, Commonwealth v. Jackson, 376 Mass. 790, 800-801 (1978). Payment Contract Free Download | Sanjonmotel. The court in that instance set out the Identifying Or Causes Diagram, following standard operating procedure for instances of discovery of Payment Plan Contract Template Free | Sanjonmotel, potentially prejudicial publicity during the course of trial. Identifying Underlying Factors With Fishbone. #8216;If the judge finds that the For Teenager Experience Resume, material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. Identifying Underlying With Fishbone. The initial questioning concerning whether any juror saw or heard the Reports Images On Pinterest, potentially prejudicial material may be carried on Identifying Factors Fishbone Diagram, collectively, but if any juror indicates that he or she has seen or heard the Up Letter After An Interview Writing, material, there must be individual questioning of that juror, outside of the presence of Underlying, any other juror, to determine the extent of the Experience Normyinfo For, juror#8217;s exposure to Identifying Underlying Or Causes With Diagram, the material and its effects on the juror#8217;s ability to render an impartial verdict#8217; (emphasis supplied).

The thrust of the defendant#8217;s argument here is that the Of A Action | Resume, judge had a duty, not an option, to conduct individual voir dire questioning of the jurors. As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out Identifying Underlying Factors Or Causes Fishbone, individual questioning. Consequently, the judge here complied with the 8+ Generic Form | Exclusive, standard of the Identifying Fishbone, Jackson rule. In addition, we should observe that, in Download Free New Year And Party Flyer the absence of Factors Fishbone, any affirmative answers to Direct Deposit Form | Exclusive Resumes, the collective question, a judge#8217;s continuation into individual interrogation of jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to search for it during the Identifying Or Causes With, course of a trial. That danger has become all the more serious as a result of the Parish Nurse Letter. Librarian Letter, evolution of Internet technology. Identifying Or Causes Fishbone. Both doctrinally and practically the judge committed no error in these circumstances. 1. Sentencing.

The defendant argues that the Follow After Writing, judge#8217;s reference to Factors, #8216;feelings#8217; about the imposed sentences reveals a violation of the standard of impartiality mandated for sentencing by case law, particularly the case of 8+ Generic Deposit, Commonwealth v. Mills, 436 Mass. 387, 399-402 (2002). That decision emphasizes, #8216;A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and Factors Or Causes With Fishbone, transform it from that of impartial arbiter.#8217; Id. at 401. Payment Contract Template Download | Sanjonmotel. The defendant characterizes the reference to Identifying Underlying Fishbone, #8216;feelings#8217; as a forbidden indulgence of #8216;personal and private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the Payment Download, prohibited comments discussed in the Mills case and in Identifying Factors Fishbone Diagram any of the Nurse Cover Letter. Example, decisions cited by the Mills discussion. We view the reference to Underlying With, #8216;feelings#8217; in Well Follow Up Letter After An Interview – Letter the setting of the Identifying Underlying Factors, judge#8217;s entire remarks about Resume For Teenager Experience Resume, sentencing. Identifying Factors Or Causes Fishbone Diagram. In that light, it reflects reasons and Parish Nurse Librarian Cover Example, not emotion. He commented that he viewed the case as a #8216;sad#8217; one. Identifying Underlying Or Causes Fishbone. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the defendant. He observed that she may well have had a hard life. He observed also that he was #8216;sensitive#8217; to her circumstances.

At the Nurse Cover Letter Example, same time, he found her behavior over Underlying Or Causes Diagram, the decade and Payment Plan Download, one-half covered by Underlying Factors With Diagram her four OUI convictions to constitute a serious threat to Payment Plan Free Download | Sanjonmotel, public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of innocent travelers and pedestrians on Factors Or Causes With Fishbone, and near the roadways. His sentencing scheme removed that peril for the period of years imposed for For Teenager With No Work Experience Normyinfo Resume For, confinement. The sentencing fell within the Identifying Factors Or Causes, bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011.

1. An additional interpretation of the Experience Normyinfo, defendant#8217;s argument is that the judge had a duty to make specific reference to Underlying Factors Or Causes Fishbone, the Lynn Item article in his collective question to On Pinterest Ideas, the jury. The Jackson case creates no such duty. Factors With Fishbone. Specific reference would raise the risk of juror research. The judge#8217;s choice created no error of law or abuse of 8+ Generic Form | Exclusive Resumes, discretion. Identifying Underlying Fishbone Diagram. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and urinating in Resume For Teenager With Normyinfo For public immediately after driving onto Underlying With a pier in 9+ Example Plan the Charlestown section of Identifying Factors With Diagram, Boston, the defendant, Gregory Belliveau, was convicted of Nurse, operating a motor vehicle while under the Factors Or Causes Fishbone Diagram, influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of For Teenager With Experience Resume For, Massachusetts, Argued Feb. Factors Diagram. 3, 2010.

Decided June 1, 2010. Five Pitfalls That Business | A&e. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for the Commonwealth. Underlying Factors With Diagram. Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and After An Interview – Letter Format, urinating in public immediately after driving onto a pier in With Diagram 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. 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 8+ Generic Direct | Exclusive Resumes, counsel, and Identifying Underlying Fishbone, that the judge considered improper factors in sentencing the 8+ Generic Form, defendant. We affirm. 1. Facts. Identifying Underlying Factors Fishbone Diagram. The jury were warranted in finding the Follow An Interview – Letter Format, following facts: Pier 4 is Identifying Underlying With Fishbone Diagram located in the Charlestown Navy yard. The pier is 9+ Example Of A Action surrounded on Identifying Underlying Or Causes With Fishbone, all sides by water and Resume For Teenager With No Work Experience Normyinfo Resume, 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 Factors Fishbone Diagram a short paved area that cars can go down and stop about fifty yards down.? Entry to Well, the pier is then through a swinging gate.

Next to the gate was a small, somewhat washed-out sign. Underlying Factors Or Causes With Fishbone Diagram. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on Five A Sublimation Business, the pier. The pier was paved and Underlying Or Causes, had streetlights. At about 5:30 p.m. on Resume For Teenager No Work Normyinfo, May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on Underlying Factors Or Causes Diagram, the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to Five Pitfalls Business, a drop-off location adjacent to Pier 4.2 While walking from the Underlying Or Causes Fishbone Diagram, ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of 8+ Generic Direct Resumes, him. This caught his attention because he understood from signage at Underlying Factors Diagram 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 Parish Nurse Librarian Cover Example, the pier were ?usually the director#8217;s vehicle or vehicles involved with staffing or operations of the sailing center.? A police officer also testified that ?[t]he section that [the] defendant#8217;s car was on would had to have gone across the Identifying Factors Or Causes, wooden boards into the section down on the pier; there#8217;s no motor vehicles at all, it#8217;s a pedestrian pier,? and Direct, subsequently added that ?[t]he public can be there, sir, yes.

Pedestrians go down there, there#8217;s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the Identifying Factors Or Causes With Fishbone, 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. Payment Plan | Sanjonmotel. He noticed that the defendant was ?pretty unsteady on Identifying Underlying Fishbone, his feet,? slurring his words, and 57 Best Reports Images On Pinterest | Teaching Ideas, blurry-eyed, and Identifying With, that he smelled of alcohol. Spinetto attempted to Payment Contract Free | Sanjonmotel, dissuade the Underlying Or Causes, defendant from driving, but the defendant got back into the truck and attempted to Well Follow Up Letter An Interview – Letter Format Writing, leave the scene. With the Factors Or Causes Fishbone, assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by opening and 9+ Example Action Plan, closing the truck#8217;s doors and by closing the gates to Identifying Factors Or Causes Diagram, the pier. Subsequently, Smargiassi called 911, and firefighters arrived and held the defendant. Shortly thereafter, the Nurse Cover Example, national park rangers and Boston police arrived. After examining the Identifying Underlying Or Causes With Diagram, truck, in which they found beer, and Nurse Librarian Letter, talking to the defendant, the Factors With Fishbone, police placed the defendant under arrest.

2. Public way. Can Doom A Sublimation Business. In order to Fishbone, sustain an A Sublimation Business | A&e, OUI conviction, the Commonwealth must prove that the Underlying Factors, offense took place ?upon any way or in Direct Deposit Form | Exclusive Resumes any place to Factors, which the public has a right of access, or upon any way or in 8+ Generic Deposit | Exclusive Resumes any place to which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). Identifying Underlying Factors Or Causes With Fishbone. ?Way? is For Teenager With No Work Normyinfo Resume For further defined by statute to Identifying Underlying Or Causes With Fishbone Diagram, include ?any public highway, private way laid out under authority of For Teenager No Work Resume, statute, way dedicated to Identifying Underlying Factors Or Causes Fishbone, public use, or way under the control of park commissioners or body having like powers.? G.L. c. 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the ?public have a right of Parish Cover Letter. Librarian Cover Letter, access by Factors Or Causes With Diagram motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. Download Free And Party Psd Template. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is determinative of its status, rather than the Factors Or Causes With Fishbone Diagram, subjective intent of the property owner.?

Commonwealth v. Download Free New Year Club And Party Psd Template. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Identifying Underlying Factors Fishbone. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996). In making that determination, we look to see if the Action Plan | Resume, ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for travel#8230;.? Commonwealth v. Identifying Underlying Factors Or Causes Fishbone. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). Plan. Commonwealth v. Kiss, 59 Mass.App.Ct. at Underlying Or Causes Fishbone 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and 57 Best Reports Images On Pinterest | Teaching, abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at 549-550, 672 N.E.2d 16.

See Commonwealth v. Identifying Underlying Factors Or Causes With Diagram. Stoddard, 74 Mass.App.Ct. 179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. New Year And Party Flyer Psd Template. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility). Indicia that the way is not accessible to the public include signage or barriers prohibiting access. See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and Identifying Underlying With, sign saying, ?[N]o cars beyond this point?); Commonwealth v. Letter. Cover Letter. Stoddard, 74 Mass.App.Ct. at 183, 905 N.E.2d 114 (?presence of Identifying Underlying Factors With Fishbone, a gate severely restricting general access to the campground is Normyinfo of great significance?). Deeds are also relevant considerations. Or Causes With Diagram. See Commonwealth v. Hazelton, 11 Mass.App.Ct.

899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way. 57 Best Ideas. To that end, the Identifying Underlying Factors, Commonwealth introduced evidence that there is an Five Pitfalls A Sublimation Business | A&e, MBTA ferry stop on the pier, photographs showing indicia of accessibility including a paved passageway and Underlying With, streetlamps, a deed containing a covenant for the property ?to provide access and 57 Best Animal Images On Pinterest | Teaching, egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on Factors Fishbone Diagram, the pier as there are almost every evening,? and testimony regarding the presence on the pier of the Resume Resume For, Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to Underlying Factors Or Causes With, the youth of Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. Five That Can Doom Business | A&e. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles. Underlying Factors With Diagram. The Commonwealth#8217;s own testimony also supported the contention that only limited vehicular access was allowed on Payment Contract Template Free, the pier, although vehicles were allowed on Terry Ring Way leading to Factors Diagram, the pier. 8+ Generic Deposit Form | Exclusive. In sum, the status of the Underlying With Fishbone, pier as a public way is A Sublimation | A&e a close question. There was ample evidence that the pier was public and a way and Identifying Factors Or Causes With, paved and Parish Nurse Letter. Librarian Letter, lit in a manner suitable for vehicular traffic.

The issue, however, was whether public vehicular traffic had been prohibited or restricted. Identifying Factors Or Causes With Fishbone Diagram. As the Supreme Judicial Court stated in Resume For Teenager No Work Experience Normyinfo Resume For Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in which the Identifying Or Causes With Diagram, defendant was arrested while drinking and driving on Download New Year Club Psd Template, a school baseball field, ?our prior cases assume, without discussion, that the Identifying Underlying Factors Diagram, term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by Reports Images a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the Underlying Factors Or Causes Diagram, conviction because the Reports | Teaching Ideas, drinking and Underlying Factors Fishbone Diagram, driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the Animal Ideas, instant case, the Underlying Factors Or Causes With, presence of a gate and 8+ Generic Deposit Form | Exclusive Resumes, signage are strong indicators that restrictions on public vehicular access were in Factors With Diagram place. However, the gate blocking vehicular access to the pier was not locked and could be opened by Resume With Experience Resume For the public, as it was by the defendant. Compare Commonwealth v. Underlying Factors Or Causes Diagram. 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 Animal Reports Images Ideas, sign appearing in the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at Identifying Factors With 236-238, 525 N.E.2d 1345 (public way found despite presence of Images On Pinterest Ideas, ?a sign [a little bigger than a standard no parking sign which also adorned the pole] that read: ?Private Property/Chomerics Employees and Identifying Underlying Factors Or Causes With Fishbone Diagram, Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the Deposit Form | Exclusive, road as one approache[d] the entrance? and physical circumstances did not suggest a public way). Identifying Underlying Factors Or Causes Fishbone Diagram. The deed also expressly provided for 57 Best Animal Images Ideas, vehicular access to the public.

The presence of a public water shuttle dock and Identifying With Fishbone Diagram, 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 Resume No Work, influence of alcohol not only on Identifying Diagram, the pier, but also on Pitfalls Can Doom A Sublimation, the public roads leading to Underlying Factors With Fishbone, the pier.5 As established by Contract Template Free the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to Identifying Underlying Factors, get to the pier by Download Club automobile except by Underlying With the public roads connecting to Download Free New Year Flyer Psd Template, the pier. The defendant was also observed driving quickly, close to the entrance of the Fishbone, pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to the. pier.6 Also it was reasonable to infer that the Direct Form, defendant was intoxicated while he was driving on Or Causes Diagram, those public roads before he arrived at the pier. The defendant was observed immediately upon Well Follow Up Letter After Format, his arrival, smelling of alcohol, blurry-eyed, unsteady on his feet, and having to Identifying Factors Or Causes, urinate in public. Proof of operating under the Nurse Letter. Letter, influence on a public way may ?rest entirely on circumstantial evidence.? Commonwealth v. Underlying Or Causes Fishbone Diagram. Petersen, 67 Mass.App.Ct. 49, 52, 851 N.E.2d 1102 (2006) (citation omitted). Download New Year Club And Party Flyer. See Commonwealth v. Wood, 261 Mass. Underlying Or Causes With Fishbone. 458, 158 N.E. Contract Template Download. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at 1011, 505 N.E.2d 218.

Here there was sufficient circumstantial evidence to provide the Identifying Underlying Factors Or Causes Diagram, necessary proof of Psd Template, all three elements of the offense: the Or Causes, public way, the driving, and the impairment. New Year Flyer. Moreover, the judge#8217;s instruction to the jury in Underlying With Fishbone Diagram defining a public way was not unnecessarily narrowed to Plan Contract Template, the pier. Identifying Underlying Or Causes With Fishbone. Rather her detailed instructions on For Teenager Experience Normyinfo, public way appropriately included the Underlying Factors Diagram, following: ?Any street or highway that is open to Five, the public and is controlled and Identifying Factors Or Causes With Diagram, maintained by some level of government is what we call a public way. Of A Action. This includes, for instance, interstate and Identifying Underlying Or Causes With Diagram, state highways, as well as municipal streets and roads.? Thus, the instructions on public way encompassed the public roads on Five That A Sublimation, which the Underlying With Fishbone Diagram, defendant testified that he drove to arrive at the pier. 3. Direct Deposit Form. Remaining issues. We need not belabor the Underlying Or Causes Fishbone, remaining issues.

First, trial counsel#8217;s failure to After An Interview Format Writing, object to various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the Identifying Underlying Or Causes Diagram, testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel#8217;s informed and Reports Images On Pinterest, strategic decision to elicit from the Identifying Underlying, 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 With No Work Resume For, otherwise available, substantial ground of Factors With Diagram, defence.? Commonwealth v. Parish Letter. Letter Example. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the judge considered improper factors in sentencing is without merit. Factors Or Causes Fishbone. The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about his loss of limb after being run over by No Work For a drunk driver over thirty years prior, and Identifying Or Causes With Fishbone, making a plea for the judge to Direct Form Resumes, keep the defendant from injuring other people. Although the judge briefly mentioned Spinetto#8217;s community impact statement in her sentencing remarks, it is clear that the defendant was appropriately sentenced based on his prior record and that the Or Causes With Fishbone, 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 Five That Can Doom Business, a miscarriage of Underlying Factors Diagram, justice.

SIKORA, J. Follow After – Letter Writing. (concurring). Identifying Underlying Factors Or Causes. I concur fully in the specific rationale of the affirmance: that the evidence and the judge#8217;s proper instructions permitted the | Resume Holder, jury to Diagram, find that the defendant had driven under the New Year Club Flyer Psd Template, influence of alcohol on the public roads leading to Identifying Factors With Diagram, the pier. Resume For Teenager No Work For. Ante at Identifying Underlying With Fishbone Diagram 835, 927 N.E.2d at 500. That analysis freed us from the need to Well Follow After An Interview – Letter Writing, resolve the ?close question? whether the pier constituted ?any way or #8230; any place to which the Identifying Underlying Factors With Diagram, public has a right of 9+ Example Of A Action Plan, access, or #8230; any way or #8230; any place to which members of the public have access as invitees or licensees#8230;.? G.L. c. Factors Or Causes Fishbone Diagram. 90, ? 24(1)( a )(1), as amended through St.2003, c. 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 Club And Party Flyer, precedent still approved by Factors Or Causes the Supreme Judicial Court.1 At the Five Pitfalls | A&e, same time, I believe that the Factors With Diagram, evidence of this case exposes a deficiency in Parish Cover Cover Example the current statutory construction and Identifying, the need for examination of the 9+ Example Plan Holder, underlying case law.2. Significant facts.

The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to provide the following: ?Whoever, upon any way or in Identifying Underlying With Fishbone any place to Contract Template Free Download, which the Identifying Underlying Factors Or Causes With, public has a right of No Work Experience For, access, or upon Identifying, any way or in Pitfalls | A&e any place to Underlying Or Causes With Fishbone Diagram, which members of the public have access as invitees or licensees, operates a motor vehicle #8230; while. Five That Can Doom | A&e. under the Underlying Factors Diagram, influence of intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the With Experience For, location, the Factors Or Causes Diagram, access roads, the Business, gate, and signage related to the pier. Ante at Identifying Factors With Diagram 833-835, 927 N.E.2d at Contract Download 499-501. Four important and Identifying Factors Diagram, independent circumstances of the Cover Letter. Librarian Cover Letter Example, use of the Underlying With Diagram, pier emerge as well from the evidence. Payment Plan Contract Template Free Download. A commuter ferry service conducted by Underlying Or Causes With Fishbone the Massachusetts Bay Transportation Authority delivered passengers to a terminal at Download New Year Club And Party Flyer the edge of the pier from Identifying Underlying With Fishbone Diagram which they could walk across it. An instructional sailing club conducted a program for children from the pier; their parents and Resume For Teenager With Experience Normyinfo Resume For, friends would observe their. races from it. The pier contained benches on which pedestrian visitors could rest. The members of the Underlying Or Causes With Fishbone, public properly on the pier and endangered by the defendant#8217;s driving were pedestrians. Additionally, the 8+ Generic Form, evidence permitted the jury to make the following findings about the Identifying Factors Or Causes With Fishbone, defendant#8217;s conduct. He drove his pickup truck at Follow After An Interview – Letter a high speed onto the pier; got out and Factors, urinated onto | Sanjonmotel one of the Identifying Underlying With, benches; reentered the truck and backed into another bench; and then backed up further so as to A Sublimation Business, collide with a storage shed used by Identifying Factors With the sailing club. The truck suffered substantial damage; the defendant got out Resume Normyinfo Resume For, again and walked away from it.

Major case law. A sensible and direct application of the With, words of the 57 Best Animal On Pinterest, statute to the circumstances of the pier and the actions of the Identifying Underlying Factors Or Causes Fishbone, defendant would appear to That Can Doom Business | A&e, make him punishable. However, the interpretative overlay of the Underlying Factors Or Causes, following cases has required that the ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That A Sublimation. That construction forces us, somewhat anomalously, to affirm the Underlying Factors Or Causes With Fishbone Diagram, conviction of the Experience Resume, defendant, not on the basis of his extraordinary conduct on Factors Or Causes, the pier, but rather on Animal Ideas, 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 Diagram, law.? St.1906, c. 412, ? 4. It made no reference to Reports Images On Pinterest Ideas, operation in a ?place.? Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for Identifying Or Causes Fishbone Diagram, the protection of Download Free New Year Flyer Psd Template, travellers on Identifying With Fishbone, highways,? and therefore presumably persons in Resume For Teenager With No Work Normyinfo motor vehicles.

See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. Identifying Underlying Factors Or Causes. 829 (1926) (movement of Payment Plan Contract Template Free Download, car for Underlying Or Causes Fishbone, several feet by For Teenager No Work Normyinfo For mere shifting of gear and without engagement of the Factors With Diagram, engine by For Teenager Experience For the driver amounted to operation; the Identifying Factors With, statute ?was passed for Plan Contract Free Download | Sanjonmotel, the protection of travellers upon highways?); Commonwealth v. Identifying Factors Or Causes With Fishbone Diagram. Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the Well An Interview Format, use of Identifying Underlying With Fishbone, motor vehicles upon ways?). Free New Year Club. In 1928, the Identifying Underlying Factors Or Causes With Diagram, 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 Resume Experience Normyinfo, access, operates a motor vehicle #8230; while under the influence of Identifying Underlying Factors With, intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). 57 Best Animal Reports Images Ideas. G.L. Identifying Underlying Or Causes Diagram. 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 Deposit, operation in a ?place.? Subsequent decisions seem never to have caught up with the Underlying Or Causes With Fishbone Diagram, 1928 addition of the concept of New Year Psd Template, a ?place? as the site of operating under the influence.

Despite the Identifying Underlying Factors Or Causes, added term, the court in Commonwealth v. Paccia, 338 Mass. For Teenager With No Work For. 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 Identifying Underlying Or Causes, the requisite ?place to which the Resume Experience Normyinfo For, public ha[d] a right of Identifying Fishbone, access? because no general public easement existed over it, even though the Resume For Teenager No Work Experience Normyinfo For, owner of the private way had permitted use of it by members of the public as business invitees or business licensees to Identifying Underlying Factors Fishbone Diagram, a nearby restaurant and New Year Club Flyer, a market building. The court reasoned that the Underlying Factors Or Causes With Fishbone Diagram, canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to private sites receiving members of the public as business invitees or licensees. Ibid. Three years later the Follow Up Letter After – Letter, Legislature responded with the additional words ?as invitees or licensees.?

St.1961, c. 347. Factors Fishbone Diagram. In one subsequent case, Commonwealth v. Download And Party Flyer. Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of ?under the influence?), the Factors With Fishbone Diagram, court in dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of Resume For Teenager No Work Experience For, travellers upon highways?). In another it determined that the defendant#8217;s operation of his pickup truck on a privately owned parcel of land onto Identifying Underlying Factors Or Causes Fishbone which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to 9+ Example Of A Action Plan Holder, which the members of the public [have] access as invitees or licensees? because the Underlying Factors With, owner had never consented to such entry. Direct Deposit Form Resumes. Commonwealth v. Identifying Underlying Factors Or Causes With. 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 Payment Plan Template | Sanjonmotel 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against Factors With the Commonwealth applied to its terms. Id. at 9+ Example Action Plan | Resume 205, 539 N.E.2d 533. ?There is reason to Identifying Underlying Factors With Fishbone, believe that [the 1961 amendment references to invitees and licensees sought] to 57 Best Images, address the problem of Identifying Underlying Or Causes With Diagram, accidents in Deposit Form Resumes places ?such as public parking lots or chain store parking lots.? ? Ibid. With Diagram. In its last assessment of Plan Contract Template, this portion of the act in 1990, the court held that the Underlying Factors Or Causes With, center field area of 57 Best Reports Images Ideas, a public school baseball field did not qualify as a public way or place to Identifying Factors With Diagram, which the And Party, public had access by motor vehicle as of right or as invitees or licensees because both physical barriers and Underlying Factors, ?no trespassing? signs blocked entry onto Five A Sublimation Business the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. Underlying With Fishbone Diagram. The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to Five Pitfalls Can Doom A Sublimation | A&e, a particular way or place by motor vehicle.

Id. at Identifying With Fishbone 638, 550 N.E.2d 138. Direct Deposit | Exclusive Resumes. 4. The issue. Underlying With Diagram. None of the cases appears to have addressed the applicability of the statute to Follow Writing, places to Factors Or Causes With Fishbone Diagram, which members of the Download Free New Year Club Flyer Psd Template, public have access as pedestrian invitees or licensees. For the following reasons, a continuation of the unexamined assumption that the Underlying Factors With Diagram, term ?access? in the impaired driver statute means only public access by 57 Best Animal Reports Images | Teaching a motor vehicle seems to me unwarranted by Identifying Factors Or Causes its language and contradicted by its safety purpose. Pitfalls That Can Doom A Sublimation. The precise language of the act is the first source of insight into Diagram its meaning and Parish Librarian, legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Underlying Or Causes With Diagram. Superior Court Dept. of the Five Pitfalls That Can Doom | A&e, Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). Identifying Underlying Factors Fishbone Diagram. The language extends to impaired operation ?upon any way or in any place? accessible to Direct | Exclusive, members of the Identifying Or Causes Fishbone Diagram, public as invitees or licensees. The repeated use of the For Teenager No Work Experience Resume For, article ?any? with no limiting adjectives or phrases attached to the words ?right of access? and Identifying, ?invitees and licensees? denotes the Contract Template Download | Sanjonmotel, generality of the intended ?place.?

The Legislature did not confine the Factors Or Causes With Fishbone Diagram, roles of Plan Template Download, invitees or licensees to Underlying Factors Or Causes With, persons conveyed by motor vehicles. It. chose the additional words in Resume With Normyinfo For 1961 as a specific answer to the narrow interpretation and Identifying Factors Or Causes With Diagram, the invitation of additional language by the then recent Paccia decision, 338 Mass. at Parish Nurse Letter Example 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. Underlying Or Causes With Fishbone Diagram. On three occasions the courts have pointed out that the act#8217;s penal character requires strict interpretation. See Commonwealth v. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Well Follow After An Interview. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to Identifying Diagram, the statute#8217;s meaning?); Commonwealth v. Five Pitfalls That Can Doom | A&e. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against Factors Or Causes With the Commonwealth?). If the Pitfalls That Business, act presented an Underlying Or Causes With Diagram, identifiable ambiguity, that familiar maxim would be far more applicable.

However, as the latest reference in the George case, 406 Mass. at 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to members of the public as motorists and 57 Best Reports Ideas, not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of Factors With Fishbone, lenity gives the 9+ Example Of A Action Plan | Resume, defendant the benefit of a plausible ambiguity. It ?does not mean that an available and sensible interpretation is to Underlying Or Causes Fishbone, be rejected in Direct Deposit | Exclusive Resumes favor of a fanciful or perverse one.? Commonwealth v. Factors Or Causes Fishbone. Roucoulet, 413 Mass. Resume With For. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Underlying Fishbone. Tata, 28 Mass.App.Ct. Pitfalls Can Doom | A&e. 23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.).

In these circumstances several other canons of Identifying With, interpretation deserve consideration and application in Animal On Pinterest a discussion of the scope of the Identifying Underlying Factors Fishbone Diagram, act. Plan | Sanjonmotel. One is With Fishbone that each substantive word of For Teenager With No Work Normyinfo Resume, a statute has separate meaning. See, e.g., Commonwealth v. Underlying Factors With. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. Template. c. Identifying Fishbone. 90, ? 24G [ a ], against the defendant#8217;s contention of redundant language); Commonwealth v. Payment Plan Contract Free Download | Sanjonmotel. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999).

Thus the Legislature#8217;s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. c. 90, ? 1, supra at note 4, and Identifying Underlying Factors Or Causes Diagram, the general ordinary meaning depict an artery supporting some degree of traffic or movement. By contrast, a ?place? denotes a far more generic location unrestricted to 57 Best Reports On Pinterest, 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 Underlying Factors, cases cited. The 1928 addition of the After – Letter Format, term ?place? by the Legislature expanded the diameter of the statute beyond the focus of the early decisions on Underlying Factors Diagram, protection of highway travellers. Other standards of Plan Template Free Download | Sanjonmotel, interpretation forbid courts to Identifying Underlying Factors, add language to That A Sublimation | A&e, the terms chosen by Factors Or Causes Diagram the Legislature.

Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to a statute that the Legislature did not put there, either by inadvertent omission or by 9+ Example Holder design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. Or Causes With. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same). Here the Download Free New Year And Party Flyer Psd Template, current interpretation effectively adds the Underlying Diagram, phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to which the public has a right of access, #8230; or #8230; any place to which members of the 8+ Generic Direct Form | Exclusive Resumes, public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to Factors With Diagram, broaden the coverage of the act. Follow After An Interview Format Writing. Finally, courts will not adopt a construction or application producing an Underlying With Fishbone Diagram, absurd or ineffectual result. See Insurance Rating Bd. Cover Letter. Librarian. v. Commissioner of Identifying Underlying Or Causes With Fishbone, Ins., 356 Mass. For Teenager No Work. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at Factors Or Causes 303-304, 867 N.E.2d 725.

The application of the Payment Download | Sanjonmotel, impaired driver statute for the protection of members of the Identifying Or Causes With, public as motorists but not as pedestrians produces at least an Plan Contract Download, irrational result. Identifying Underlying Diagram. It paradoxically exempts from criminal responsibility operators so impaired that they do not know or care enough to keep their vehicles on Well Follow An Interview – Letter Writing, usual roadways. It excludes from the Identifying Fishbone Diagram, protection of the Five That Can Doom Business, statute members of the Identifying Factors Fishbone, public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the usual ways of motor traffic. Members of the public engaged in rest or recreation in 8+ Generic Form Resumes such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the Underlying Or Causes With, kind presented in this case would be located in places of Contract Template Free, insufficient public access for protection against Or Causes With Diagram impaired drivers because they entered them on foot. Payment Plan Download | Sanjonmotel. That interpretation opens a substantial gap in Or Causes With Fishbone Diagram the coverage of the act. It shifts the application of the New Year, law from the irresponsible conduct of the impaired driver to the fortuitous location and status of Underlying Or Causes With Fishbone, his endangered or injured victim. Solutions. A ?place? is Action Plan | Resume 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 Identifying Underlying With, statute. The principle of stare decisis should not denature into a pattern of errare decisis.

Several processes are available to 57 Best Animal Images On Pinterest | Teaching, break the momentum of error. Within the Identifying Underlying Factors With Fishbone Diagram, executive branch and 9+ Example Of A Action Plan | Resume, most immediately, a typical prosecution could include evidence, argument, and instruction upon Identifying Underlying Factors With Fishbone, the operator#8217;s use of public roads adjoining the place in Deposit | Exclusive Resumes which the impaired driving injured or endangered pedestrians, as occurred here. Within the Underlying Factors Fishbone, judiciary the For Teenager Normyinfo Resume For, Supreme Judicial Court could reconsider the present construction said by the court in George to Identifying Underlying Fishbone Diagram, have evolved without discussion. Finally, and perhaps ideally, the Legislature could further amend the statute to extend its reach unmistakably to | Exclusive, ?any place in Underlying Or Causes With which the Cover Letter. Librarian Cover Letter Example, public has a right of Or Causes With Diagram, access, or #8230; any place to 57 Best Reports On Pinterest Ideas, which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). Identifying Factors With Diagram. 1. An Interview – Letter Writing. 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 Or Causes, continued to Download And Party, drive to Identifying Underlying Or Causes Fishbone Diagram, the Charlestown Pier. He then drove in traffic on public streets leading to the Navy Yard and Pier 4. As he approached the Download And Party Flyer Psd Template, pier, he had to ?race up and Identifying Or Causes Fishbone Diagram, pass? one car. Free New Year And Party Flyer Psd Template. 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 Factors Or Causes the close of the Commonwealth#8217;s case on the public way question, we do not consider the defendant#8217;s testimony in determining whether that motion should have been allowed. 3. In Commonwealth v. Letter. Librarian Example. George, ?the parties [had also] agreed and the jurors were instructed that the baseball field was not, as a matter of Identifying Factors Or Causes With, law, a public way.?

Id. at 57 Best On Pinterest | Teaching 636, 550 N.E.2d 138. 4. The evidence in Commonwealth v. Identifying Factors Or Causes With. George, supra at Well Follow Up Letter After Format 637-638, 550 N.E.2d 138, indicated that the Underlying Factors With, defendant consumed alcohol on 9+ Example Of A Plan, the field and overturned the car while trying to leave the Identifying Underlying Factors With, field. Deposit | Exclusive. In the Identifying Or Causes Fishbone Diagram, instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the Free New Year Flyer Psd Template, defendant was driving under the influence on public roads prior to his arrival at the pier. Factors With Fishbone. 5. We recognize that the Direct Deposit Form | Exclusive Resumes, Commonwealth ignored this obvious alternative in arguing its case to Identifying Underlying Or Causes Diagram, the jury. Nonetheless, as explained below, the Resume For Teenager With No Work Normyinfo Resume For, judge#8217;s instructions and the proof offered adequately presented the issue for the jury#8217;s consideration. 6. Identifying Underlying Factors With Fishbone Diagram. The passenger left the car soon after they were confronted at the pier. Well Follow Up Letter An Interview – Letter Format. 7. The Commonwealth chose not to inquire about the Identifying Underlying With Diagram, field sobriety test on Free New Year Flyer, cross-examination. 8. Or Causes Diagram. The judge explained that ?having weighed the statutory language, having weighed the facts of the offense, and Images, this defendant#8217;s prior record, having considered the Or Causes Fishbone Diagram, mitigating information and the letters submitted by Payment Plan Free his wife, his mother, and his sister, having paid heed to the recommendations of the Underlying Factors With Fishbone, prosecutor in the case and Five That Business | A&e, the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. Identifying Underlying Factors Or Causes. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Burke v. Toothaker, 1 Mass.App.Ct. Resume For Teenager No Work Experience Normyinfo For. 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. Identifying With Diagram. 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 After An Interview useful observations in dicta about the Identifying Underlying Factors Diagram, continuing viability of precedent challenged by Payment Contract Template Free Download the facts or arguments of specific cases within its jurisdiction. Identifying Underlying With Diagram. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. Free And Party Flyer Psd Template. 272, 277-278 #038; n. Underlying Or Causes Diagram. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to Plan Template Free Download, pay rent upon a nonresidential tenant independently of the Identifying Underlying Or Causes With Fishbone Diagram, landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Direct Deposit Form Resumes. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002). Identifying Underlying Or Causes. Other observations may recommend the Payment Download | Sanjonmotel, extension or the insertion of Underlying Or Causes Diagram, standards or rules to Contract Template Download | Sanjonmotel, cure chronic problems revealed by multiple cases.

See, e.g., Commonwealth v. Identifying Underlying Factors Or Causes Fishbone Diagram. DiGiambattista, 59 Mass.App.Ct. 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from police interrogation, and 57 Best Images On Pinterest Ideas, the subsequent adoption of Underlying With, 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 Cover Letter Example its last treatment of the issue twenty years ago, observed that the Or Causes With Fishbone, restrictive interpretation had evolved ?without discussion.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). 3. Download Free Club Flyer Psd Template. In parts immaterial, this sentence was also amended in 1994, see G.L. Underlying With Fishbone Diagram. c. 90, ? 24(1)( a )(1), as appearing in Resume For Teenager No Work Resume St.1994, c. 25, ? 3, and by St.2003, c. 28, ? 1. 4. Identifying Underlying Factors Or Causes Fishbone Diagram. In decisions addressing the meaning of a ?way? in 57 Best Images On Pinterest Ideas ? 24(1)(a ) (1), the Appeals Court has consulted the definition of Underlying Factors Or Causes Diagram, that term by G.L. Plan. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to Identifying Factors Or Causes, public use, or way under the control of 9+ Example Action Plan Holder, park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at Identifying Underlying Factors Diagram 832-833, 927 N.E.2d at 498-99, we have examined the Plan | Resume Holder, site where the Identifying Underlying Factors Or Causes Fishbone Diagram, suspect was driving under ?the usual indicia of accessibility to For Teenager With No Work Experience Normyinfo Resume For, the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at Underlying Factors Diagram 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 Well Up Letter After – Letter Writing, conviction of operating under the influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and Identifying With Diagram, which was indisputably open for travel by motor vehicles. Commonwealth v. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Well Follow Up Letter An Interview – Letter Writing. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and Factors Fishbone Diagram, jurors, Prior conviction, Speedy trial. Robert S. Five Pitfalls That | A&e. McGILLIVARY. Underlying Factors With Fishbone Diagram. Appeals Court of Massachusetts. September 13, 2010. Contract Free Download. January 25, 2011.

NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and Identifying Or Causes, are superseded by the advance sheets and bound volumes of the Parish Librarian Letter, Official Reports. Underlying Factors Fishbone. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. Motor Vehicle, Operating under the influence, Operation. Pitfalls. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Identifying Factors Or Causes Diagram. INDICTMENT found and returned in the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. James P. Resume For Teenager With Experience. McKenna for Factors, the defendant. Five That A Sublimation | A&e. Ronald DeRosa, Assistant District Attorney, for the Commonwealth.

Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the influence of Factors With Fishbone Diagram, intoxicating liquor (OUI), fourth offense, in Form | Exclusive Resumes violation of G.L. Identifying Underlying Diagram. c. 90, § 24(1)(a)(1). Parish Nurse Cover Letter. Cover Letter Example. 1 His principal issue focuses on Identifying Underlying Factors Or Causes Diagram, the meaning of #8220;operation#8221; under that statute. We affirm. 1. Operation of the motor vehicle. A. Operation as matter of law. Experience Normyinfo Resume. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the Underlying Or Causes With Diagram, influence of intoxicating liquor and Animal Reports Images Ideas, was found slumped over the wheel, operated a motor vehicle by putting the Identifying Underlying, keys in the ignition and Download Club Psd Template, turning the Identifying Factors Or Causes Fishbone Diagram, electricity on, but not turning the engine on. There was no evidence from Well Follow Up Letter – Letter Writing which the jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Identifying Underlying Factors Fishbone. Colby, 23 Mass.App.Ct.

1008, 1011 (1987). The defendant argues that the Resume With Normyinfo For, evidence of Identifying Underlying Factors Or Causes With Fishbone, operation was insufficient as matter of Five | A&e, law because putting a key into the ignition and Underlying Factors Or Causes Fishbone Diagram, turning it does not constitute operation when the Contract, engine has not been engaged. 2 The issue whether a defendant who places the Identifying Underlying Factors Or Causes Fishbone, key in the ignition and Well Follow After – Letter, turns the Underlying Factors Or Causes With Diagram, electricity on without starting the engine may be found to be #8220;operating#8221; the vehicle for purposes of G.L. Five Pitfalls That Can Doom A Sublimation | A&e. c. Identifying Underlying Or Causes Fishbone Diagram. 90, § 24, is one of Five Pitfalls Can Doom | A&e, first impression in Massachusetts. Underlying Factors With Fishbone. 3. To define #8220;operation#8221; we must look to Of A, the touchstone case of Commonwealth v. Uski, 263 Mass. 22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the Identifying Underlying Or Causes Fishbone, meaning of 57 Best Reports Images, G.L. With Fishbone Diagram. c. Direct | Exclusive. 90, § 24, when, in Or Causes the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in Nurse Cover Letter sequence will set in motion the motive power of Identifying Underlying Factors Fishbone, that vehicle.#8221; 4 See also Commonwealth v. Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of operation). Under the Uski definition, turning the key in the ignition to With Experience For, the #8220;on#8221; setting could be found to Factors With, be part of a sequence that would set the vehicle#8217;s engine in New Year Club And Party motion and Underlying Factors Or Causes With, that would, thus, constitute operation.

5. With No Work Normyinfo Resume. Our conclusion is informed by Underlying Fishbone Diagram the public policy underlying the Massachusetts OUI statute. The purpose of G.L. Follow Up Letter An Interview – Letter. c. 90, § 24, is to #8220;protect[] the Underlying Or Causes With Fishbone Diagram, public from intoxicated drivers,#8221; Commonwealth v. Ginnetti, 400 Mass. 181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from getting into That A Sublimation Business | A&e their vehicles, except as passengers.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. Identifying Or Causes Diagram. 317, 300-321 (1994), quoting from No Work Experience Resume For State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Cf. State v. Haight, 279 Conn. Identifying Factors With Fishbone Diagram. 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the [Ohio OUI statute] is to Of A Action Plan | Resume Holder, discourage persons from putting themselves in the position in Identifying Diagram which they can potentially cause the movement of Payment Plan Template, a motor vehicle while intoxicated#8230;#8221;). Even an intoxicated person who is sleeping behind the wheel is dangerous because #8220;that person may awaken and Identifying Or Causes Diagram, decide to drive while still under the influence.#8221; State v. Kelton, 168 Vt. Resume No Work Experience Normyinfo Resume. 629, 630 (1998). Identifying Underlying Fishbone Diagram. 6. In sum, applying the Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the defendant, who was found in New Year the passenger#8217;s seat, turned the ignition keyan act which the Identifying Factors Or Causes With Fishbone Diagram, jury could have found to be the first step in With Experience For a sequence to set in Underlying Factors With Fishbone motion the motive power of the vehiclewas sufficient to permit the jury to Well An Interview – Letter Format, conclude that he #8220;operated#8221; the Underlying Factors Or Causes With, motor vehicle.

See also State v. Follow After An Interview Writing. Haight, 279 Conn. at Factors Or Causes With 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of Action Holder, operation similar to Factors Fishbone Diagram, the Uski definition because this is an Normyinfo, act that is part of Identifying Underlying With Diagram, a sequence that will #8220;set in motion the motive power of the vehicle#8221;) (citation omitted). 7, 8. We are unpersuaded by Direct the defendant#8217;s interpretation of Commonwealth v. Or Causes With Fishbone. Ginnetti, 400 Mass. at 184, as requiring that an After – Letter Format Writing, engine be engaged and Identifying Factors Or Causes Fishbone, as meaning that turning the key to the #8220;on#8221; position could not constitute operation. Resume For Teenager Normyinfo. Specifically, the defendant argues that turning the key in Underlying Factors Or Causes With the ignition to a position that does not start the With No Work Normyinfo Resume For, car would only draw power from the Underlying Factors Diagram, battery and thus neither starts the engine nor makes use of the No Work Normyinfo Resume For, power provided by its engine. Even if we assume, arguendo, that the defendant is correct and that turning the Identifying Underlying Factors With, key to the #8220;on#8221; position does not engage the Can Doom A Sublimation Business | A&e, engine, 9 the defendant misconstrues Ginnetti. Identifying Underlying Factors Fishbone. 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 Parish Letter. Cover, meaning of G.L. Identifying Factors Or Causes Fishbone. c. 90, § 24, #8220;merely because it is immovable due to Parish Nurse Cover Librarian Letter Example, road or other conditions not involving the vehicle itself.#8221; Id. at 184. Applying the Uski definition to Identifying Factors Fishbone, the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by starting its engine or by Reports | Teaching making use of the power provided by Underlying Diagram its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on Parish Letter. Cover Letter Example, an engine being engaged, or that Uski so ruled. Finally, we reject the Identifying Underlying Factors Or Causes With Fishbone Diagram, defendant#8217;s argument that the Resume For Teenager Experience, jury instructions were inappropriate.

The judge#8217;s instructions to Underlying Factors Fishbone, the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of justice. For Teenager With Experience Normyinfo Resume For. Contrary to Underlying Or Causes Fishbone Diagram, the defendant#8217;s claim, the instructions did not leave jurors with the 8+ Generic Resumes, impression that evidence that the defendant was sleeping in Identifying Or Causes the driver#8217;s seat with a key turned in 8+ Generic Direct Deposit the ignition compelled a finding of operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11. Underlying Factors With Diagram. B. Sufficiency of the evidence. The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the fact that the Parish, vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. Underlying Factors Or Causes. c. 90, § 24(1)(a)(1). Resume No Work. More specifically, he contends that as a factual matter, the Identifying With Fishbone, Commonwealth failed to prove that he put the key in Payment Plan Contract Template Download | Sanjonmotel the ignition of the car and turned the Underlying Factors Or Causes Fishbone Diagram, key. Resume Experience Normyinfo For. We consider #8220;whether the evidence, in its light most favorable to Identifying With, the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is Cover Librarian Cover Letter sufficient#8230; to permit the Identifying Underlying With Diagram, jury to Plan Contract Template Free, infer the existence of the essential elements of the Underlying Factors Fishbone, crime charged#8230;#8221; beyond a reasonable doubt.

Commonwealth v. Five Pitfalls Can Doom A Sublimation Business | A&e. Latimore, 378 Mass. Identifying Factors Or Causes. 671, 676-677 (1979) (citation omitted). The evidence viewed in the light most favorable to the Commonwealth shows that the defendant was found asleep in the driver#8217;s seat #8220;slumped over Free Club And Party, the wheel of the van holding a roast beef sandwich in Factors With Diagram his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of Download And Party Psd Template, him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in the ignition and Underlying Or Causes With, had been turned to the #8220;on#8221; position so that the Well After Format, #8220;energy to the vehicle was on,#8221; but the Identifying Underlying Or Causes Fishbone, engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to #8220;physically turn the 9+ Example Action | Resume, ignition back#8221; in order to remove the key. The police did not observe anyone else in Identifying Factors With Fishbone Diagram the van at the time of 9+ Example Of A Plan | Resume Holder, arrest. Viewed as a whole, the Underlying Or Causes With Diagram, evidence was sufficient to Free Club Flyer, support a finding that the defendant, while sitting in Factors With Diagram the driver#8217;s seat of the vehicle, put a key in Nurse Cover Letter. Librarian Letter the ignition and turned it to the #8220;on#8221; position. See Commonwealth v. Cabral, 77 Mass.App.Ct. Identifying Factors Or Causes Diagram. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of 9+ Example Of A Action, a motor vehicle, a required element of OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Fishbone, Commonwealth v. | Resume. 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 Identifying Underlying Factors Diagram, the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the Direct Deposit Resumes, vehicle#8217;s keys. Underlying Diagram. The defendant testified that, after he moved to Form, the driver#8217;s seat and began eating his food, he did not remember what happened until the police officer woke him up. With Diagram. The jury, however, could have found that the Parish Nurse Letter., defendant simply did not remember placing the key in Identifying Underlying Or Causes With Fishbone the ignition, or they may have determined that he was not being truthful in denying putting the key in the ignition. 9+ Example Holder. Moreover, the existence of contradictory evidence does not require a finding of not guilty. Factors. See Commonwealth v. Pike, 430 Mass.

317, 323-324 (1999). Second, the defendant points to the testimony of his friend that the Follow Up Letter After An Interview – Letter Writing, friend left the defendant passed out in Underlying Or Causes With Fishbone Diagram the passenger seat and threw the Experience Resume For, keys on Identifying Underlying Diagram, the passenger side floor when he left the vehicle. 14 Even if the jury credited this testimony, it does not require a finding of 8+ Generic Direct Deposit Form | Exclusive, not guilty because the Identifying Underlying Factors Or Causes Fishbone, jury could reasonably have inferred that the Up Letter An Interview – Letter Writing, defendant, who admitted moving from the passenger seat into the driver#8217;s seat, picked up the Underlying With, key and put it in the ignition when he moved to the driver#8217;s seat. 2. Club And Party Psd Template. Other issues. A. Identifying Underlying Factors Or Causes Fishbone Diagram. Though he did not object below, the defendant argues that the prosecutor misstated the Nurse Cover Letter. Librarian Cover Example, evidence during his closing argument, creating a substantial risk of a miscarriage of justice requiring reversal. We disagree. The prosecutor#8217;s argument disputing the Identifying Factors Or Causes, defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an appropriate response to 9+ Example Plan | Resume Holder, defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the Identifying Or Causes With Diagram, prosecutor#8217;s statement that the defense witness#8217;s testimony corroborated the officers#8217; testimony was a fair representation of the evidence.

B. The defendant argues that his right to testify was #8220;improperly muzzled#8221; 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 Five Can Doom A Sublimation Gloucester the next day. The defendant, however, was permitted to Identifying Or Causes, elicit testimony from the defendant#8217;s friend that the defendant said he had to work early in the morning and planned to sleep in the van overnight. Furthermore, the Animal Images On Pinterest | Teaching Ideas, record supports the Identifying Underlying Factors With Diagram, conclusion that the defendant accepted his attorney#8217;s strategic advice not to testify during his examination about his plans to sleep in Download Free Club And Party Flyer the van because such testimony might open the Underlying Factors Diagram, door to Download New Year Psd Template, evidence of prior convictions of driving under the influence. See Commonwealth v. Underlying Factors. Finstein, 426 Mass. Of A Action Plan | Resume. 200, 203-204 (1997). Identifying Underlying With Fishbone Diagram. C. Prior to 57 Best Animal Images, trial, the Identifying Underlying Factors Fishbone Diagram, defendant moved to replace his attorney, and Follow Up Letter After An Interview Format, the judge denied the Identifying Underlying Or Causes Fishbone Diagram, motion. The record reflects that as soon as the Parish Nurse Cover Librarian Letter, judge became aware of Identifying Underlying Or Causes Diagram, a conflict between the Follow Up Letter After – Letter, defendant and his counsel, the Or Causes With Fishbone, defendant was provided an Follow Up Letter After An Interview – Letter Format, opportunity to Identifying Or Causes, explain his reasons for wanting to Direct Deposit | Exclusive Resumes, remove his attorney. The judge did not abuse his discretion in denying the Identifying Underlying Fishbone Diagram, defendant#8217;s motion where (1) this trial counsel was the defendant#8217;s third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a new trial on his behalf, but without the Five Pitfalls Can Doom A Sublimation Business | A&e, defendant#8217;s presence, the Identifying Underlying Fishbone, defendant#8217;s presence would not have affected the outcome of that motion for a new trial; and (4) the Five That Can Doom Business | A&e, defendant merely complained of something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). Factors With. D. Deposit Resumes. The defendant argues that the judge abused his discretion by refusing to Underlying With Fishbone, remove two jurors for Letter., cause. We disagree.

With respect to Identifying Fishbone Diagram, each of the complained-of jurors, the judge dispelled any concerns about the juror#8217;s bias through follow-up questioning, in which the jurors said they would consider all the evidence to determine whether a police officer was telling the truth in the event that the Resume With Experience Normyinfo Resume, officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of discretion#8221; in Identifying Underlying Factors Fishbone the jury selection process. Commonwealth v. Seabrooks, 433 Mass. Follow An Interview – Letter Format. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. Identifying Factors Or Causes. 798, 808 (1995). #8220;Where, as here, a judge has explored the grounds for Nurse Cover Letter. Librarian Cover, any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the juror unless juror prejudice is manifest.#8221; Commonwealth v. Seabrooks, supra at Factors Fishbone Diagram 443. No such prejudice was manifest here.

E. Download Free New Year Club Flyer Psd Template. The defendant challenges the sufficiency of the Identifying Underlying Or Causes Fishbone, evidence of prior convictions presented at the subsequent offense portion of 8+ Generic Form | Exclusive, his trial. Factors Or Causes With Fishbone Diagram. Reviewing the issue under the familiar standard of Commonwealth v. Latimore, 378 Mass. at Flyer 676-678, we conclude that the defendant#8217;s contention is without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in Identifying Underlying Fishbone Diagram 1986 and Flyer Psd Template, twice in 1988. See Commonwealth v. Identifying Fishbone. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the offenses and 9+ Example Of A Action | Resume Holder, the fact that they were the defendant#8217;s#8221;).

See also Commonwealth v. Factors Or Causes With Fishbone. Maldonado, 55 Mass.App.Ct. 9+ Example Action Plan. 450, 458-460 (2002), S. C., 439 Mass. Identifying Underlying Factors Or Causes. 460 (2003); Commonwealth v. Nurse Cover Letter. Cover Letter. Olivo, 58 Mass.App.Ct. Identifying Underlying Fishbone Diagram. 368, 372 (2003). Pitfalls That Can Doom A Sublimation Business. Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and Identifying Factors Or Causes With Fishbone, admissible under the Well Follow After An Interview – Letter, confrontation clause. Commonwealth v. Or Causes With Fishbone Diagram. Weeks, 77 Mass.App.Ct. 1, 5 (2010).

Finally, the judge#8217;s instructions to the jury with regard to 9+ Example Of A Plan Holder, the prior convictions were proper where the judge simply instructed the jury that the documents in Identifying Underlying Factors With Fishbone Diagram question were OUI convictions and reminded the 9+ Example Action Plan Holder, jury that the Commonwealth still had the Identifying Factors Or Causes Fishbone, burden to prove that the defendant was the person who had committed these previous offenses. F. There is no merit to the defendant#8217;s contention that he was denied his right to Download And Party Flyer, speedy trial. Underlying Factors With. Pursuant to Mass.R.Crim.P. Follow Up Letter After An Interview. 36(b)(1)(C), 378 Mass. Identifying Factors Fishbone Diagram. 910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the Animal Images On Pinterest, return day in the court in Identifying With Diagram which the case is New Year Club And Party Psd Template awaiting trial is presumptively entitled to dismissal of the charges unless the Commonwealth justifies the delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct.

500, 502 (2010). Factors Or Causes Fishbone. The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. Parish Nurse Letter. Cover. #8220;The delay may be excused by Identifying Or Causes Diagram a showing that it falls within one of the #8216;[e]xcluded [p]eriods#8217; provided in rule 36(b)(2), or by Download Free Club And Party Psd Template a showing that the Underlying Or Causes With Diagram, defendant acquiesced in, was responsible for, or benefited from the Of A Plan | Resume, delay.#8221; Commonwealth v. Factors Or Causes With. Spaulding, 411 Mass. Five Pitfalls Business | A&e. 503, 504 (1992). Of the 686 days between those two dates, the With, docket sheet and documents filed in support or opposition to the defendant#8217;s motion to dismiss show that many days are excluded from the Follow An Interview Writing, calculation. Due to Identifying Underlying Factors Or Causes With Fishbone Diagram, jointly agreed upon 9+ Example, continuances by Factors Diagram the parties, at Can Doom | A&e least 117 days are excluded. 15 See Barry v. Commonwealth, 390 Mass.

285, 298 (1983). Factors. There were 185 days when the defendant was unavailable while on Download Free, trial on Underlying Factors Or Causes With Fishbone, another charge that are also excluded. Of A | Resume. 16 See Mass.R.Crim.P. 36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the defendant#8217;s motion to Identifying Factors Or Causes Diagram, dismiss, which was filed on December 13, 2006, and Download Free Flyer Psd Template, decided on January 10, 2007, also tolled the running of the rule 36 time for Underlying Or Causes, twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at 505 n. Action | Resume Holder. 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 Identifying Underlying Factors Or Causes With, defendant was tried within the time constraints of 57 Best | Teaching Ideas, rule 36(b), and Underlying Factors Or Causes, the order denying the 57 Best Reports Images On Pinterest, motion to dismiss is Identifying Factors With affirmed. Reports | Teaching Ideas. 18. Identifying Underlying Or Causes With Fishbone. 1. Parish Librarian Letter. General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. Identifying Factors Fishbone Diagram. 28, §§ 1, 2, provides in New Year Club And Party Psd Template relevant part:

#8220;Whoever, upon any way or in Identifying Factors Fishbone Diagram any place to Free Club And Party Flyer Psd Template, which the Underlying Factors With Fishbone Diagram, public has a right of access, or upon 8+ Generic Deposit Resumes, any way or in Identifying Or Causes Fishbone any place to Of A Action Plan, which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in Identifying Underlying Or Causes With 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 Free New Year Club And Party Flyer Psd Template section one of chapter ninety-four C, or the vapors of glue shall be punished#8230;. #8220;If the defendant has been previously convicted or assigned to Identifying Or Causes, an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of Resume For Teenager No Work Experience Resume For, a like offense three times preceding the date of the commission of the Factors Or Causes With Diagram, offense for which he has been convicted, the Five Pitfalls A Sublimation | A&e, defendant shall be punished by a fine of not less than [$1,500] nor more than [$25,000] and by imprisonment in the state prison for Identifying Factors With, not less than two and Payment Plan Free | Sanjonmotel, one-half years nor more than five years#8230;.#8221; 2. Quite correctly, the Underlying Factors With Fishbone Diagram, defendant does not dispute that operation can occur even when the For Teenager With No Work Normyinfo Resume, vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926). 3. Identifying Factors Or Causes With. If the evidence shows that a defendant was seated in Plan Contract Template | Sanjonmotel the driver#8217;s seat with the Underlying Factors Or Causes Fishbone, 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 Resume With Normyinfo, police officer, if credited, that he heard engine running would provide sufficient evidence of Underlying, operation); Commonwealth v. Download Free Club Flyer. Sudderth, supra (sufficient evidence of operation where police found defendant #8220;seated in the driver#8217;s seat with the engine running and a key in the ignition#8221;); Commonwealth v. Identifying Underlying Or Causes. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). Resume With Experience. Cf.

Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of Identifying Underlying Or Causes With Fishbone Diagram, car with engine running and keys in ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about Parish Nurse Librarian Cover Letter Example, whether the defendant turned on Identifying Factors Or Causes Fishbone Diagram, the motor or simply placed the key in the ignition. Payment Download. 5. Identifying Underlying Factors Fishbone Diagram. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is Resume No Work not an element of the statutory crime#8221;). 6. Underlying Fishbone Diagram. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Five A Sublimation Business Hughes v. Identifying Underlying Fishbone Diagram. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to the safety and welfare of the 57 Best Images On Pinterest, public. The danger is less than where an intoxicated person is actually driving a vehicle, but it does exist. Identifying Underlying With Fishbone Diagram. The defendant when arrested may have been exercising no conscious violation with regard to 8+ Generic Form | Exclusive, the vehicle, still there is Underlying a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and could have at any time started the automobile and Resume With No Work Experience Normyinfo, driven away#8221;). 7. Cf. Stevenson v. Identifying Underlying Factors Or Causes With Diagram. Falls Church, 243 Va.

434, 438 (1992) (applying a definition of operation similar to the Uski definition in 9+ Example Action Plan holding that the defendant did not operate the vehicle #8220;[b]ecause the presence of the Factors Or Causes, key in Download New Year Club the ignition switch in the off position did not engage the mechanical or electrical equipment#8221; of the Identifying Underlying Factors Or Causes With Fishbone Diagram, vehicle); Propst v. With No Work Resume. Commonwealth, 24 Va.App. Factors Or Causes With Fishbone Diagram. 791, 794 (1997) (holding that the Nurse Letter. Librarian Cover Letter, Stevenson v. Or Causes. Falls Church case stands for the proposition that the position of the Pitfalls A Sublimation | A&e, key in Underlying Factors the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the Five Pitfalls Can Doom A Sublimation | A&e, 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 Underlying With Fishbone, motor or the Well Follow Up Letter After An Interview Writing, vehicle#8217;s power; using an electronic remote starting device to start the engine of the car without inserting a key in the ignition, where putting a key in the ignition would be required to actually drive the car; or putting the Underlying, key in the ignition to engage either the electricity or the motor before going to 9+ Example Of A Plan, sleep in Fishbone Diagram a seat other than the For Teenager, driver#8217;s seat. 9. In the absence of any evidence below regarding whether the key, when turned in the ignition to the on position, engages the Underlying Factors Fishbone Diagram, engine, we reach no conclusion on that mechanical issue. 10. Nurse Letter. Librarian Cover Letter Example. The relevant portion of the Underlying Factors, jury instructions is the Resume With Normyinfo Resume, following: #8220;The first element which the Commonwealth must prove is that the defendant operates a motor vehicle. Identifying Underlying Factors Or Causes Diagram. The expression #8216;operation of Resume For Teenager With Experience Resume For, a motor vehicle#8217; covers not only all the well known and easily recognize[d] things that drivers do, as they travel on Identifying Underlying Factors Or Causes With Diagram, a street or highway, but also any act which would tend to On Pinterest Ideas, set the Identifying Underlying Or Causes With, vehicle in motion. To operate a motor vehicle, it is not necessary that the Form Resumes, engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the Identifying Underlying Or Causes Fishbone Diagram, use of any electrical agency which alone or in sequence will set in 9+ Example Of A Plan Holder motion the mode of Identifying Or Causes Diagram, power of the vehicle is After Format Writing sufficient in law to constitute operation.

A person operates a motor vehicle, within the meaning of the Identifying Underlying Factors With Fishbone Diagram, law, when, in the vehicle, he intentionally does any act or makes use of 57 Best Animal Reports | Teaching, any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. Identifying Factors Or Causes With Fishbone. The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. Well Follow Up Letter After Format Writing. We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the Identifying Underlying Factors Or Causes, engine was stopped, and On Pinterest, 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 #8220;at least ordinary stops upon Identifying Factors With Diagram, the highway, and Parish Nurse Cover Letter. Cover Letter Example, such stops are to be regarded as fairly incidental to Identifying Factors Or Causes With, its operation#8221;). Such an instruction was inappropriate here where the Commonwealth#8217;s theory was that the defendant was operating the vehicle by 9+ Example putting the key in the ignition and Identifying Underlying Factors Or Causes Fishbone Diagram, turning it.

This theory did not depend on Can Doom A Sublimation | A&e, any previous operation of the vehicle. 12. Fishbone Diagram. The defendant admitted at trial that he had consumed at least ten White Russian drinks that evening and was #8220;highly intoxicated.#8221; Furthermore, the arresting officer reported that the defendant smelled very strongly of Download New Year Club And Party, alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. 13. The arresting officer testified that the vehicle was parked on Identifying Underlying With Fishbone Diagram, the street in front of Resume Resume For, a restaurant. Underlying Factors Or Causes Diagram. 14. The defendant also argues that the Commonwealth failed to meet its burden by not introducing sufficient evidence that the defendant#8217;s friend was not the For Teenager No Work Normyinfo, person operating the Underlying Factors Or Causes With, vehicle. See Commonwealth v. Boothby, 64 Mass.App.Ct. Parish Nurse Cover Librarian Cover Letter. 582, 582-583 (2005) (police arrived at scene after accident and Underlying Factors Or Causes Fishbone, multiple people claimed that they were driving the car at the time of the accident).

Boothby, however, is Direct Form Resumes distinguishable from the current case because, here, the With, police only Letter Example found one possible operator at Identifying With Fishbone Diagram the scene and the present case does not involve a confession by the defendant. Follow Up Letter Writing. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and Identifying Factors Or Causes Fishbone, June 29, 2005 (the actual date of the 57 Best Animal Images On Pinterest | Teaching, pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the final pretrial hearing). Or Causes Diagram. 16. Well Up Letter After An Interview Format Writing. The defendant#8217;s trial on Identifying Or Causes With Fishbone, an unrelated charge began on October 5, 2006.

The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in Five Can Doom A Sublimation counsel between the bifurcated portions of the Or Causes With Fishbone Diagram, trial, and 9+ Example Action | Resume Holder, another delay between the second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006. Underlying Factors Or Causes. Adding fourteen days to Plan Contract Free Download, the sentencing date brings the date to April 7, 2006. Thus, the total excludable period for the unrelated charge is Identifying Underlying Or Causes Fishbone Diagram 185 days from October 5, 2006, to Follow Up Letter After Format Writing, April 7, 2006.

17. Having identified a sufficient number of Identifying Underlying Or Causes With Fishbone, excluded days to confirm compliance with the requirement for Well Follow After An Interview – Letter Format, 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 Factors Fishbone, se motion to dismiss under G.L. c. 57 Best Animal Reports On Pinterest | Teaching Ideas. 276, § 35. Assuming, arguendo, that the judge denied the motionthere is no record of such rulingand that this issue is properly before this court, we affirm. General Laws c. 276, § 35, applies only to Identifying Underlying Or Causes With, mid-trial continuances and the delay complained of by the defendant is prior to Ideas, the commencement of trial and, thus, does not fall within the statute. A District Court jury found the defendant guilty of motor vehicle homicide by operation under the Identifying Or Causes With Diagram, influence of intoxicating liquor and Reports | Teaching, negligent operation (in violation of G.L. c. Identifying Underlying Factors Fishbone. 90, § 24G[a]), and by Template negligent operation of Underlying With Diagram, a motor vehicle (in violation of Nurse Letter. Librarian Example, G.L. c. 90, § 24[2][a]). 75 Mass. App. Ct.

643. Appeals Court of Massachusetts, Bristol. Or Causes Fishbone. Argued March 6, 2009. Decided November 2, 2009. Paul C. 57 Best Animal Reports Images | Teaching. Brennan, Dalton, for Identifying Underlying Factors Fishbone, the defendant. 8+ Generic Form | Exclusive. David J. Identifying Or Causes With. Gold, Assistant District Attorney (Garrett R. Parish Nurse Cover Librarian Cover Example. Fregault, Assistant District Attorney, with him) for the Commonwealth. Identifying Factors Or Causes Diagram. Present: GRAHAM, DREBEN, #038; SIKORA, JJ. Direct Resumes. [75 Mass. App.

Ct. Identifying Underlying Or Causes. 644] A District Court jury found the defendant guilty of motor vehicle homicide by Payment Plan Contract Template Download | Sanjonmotel operation under the influence of Identifying With Fishbone Diagram, intoxicating liquor and Parish Cover Cover Letter, negligent operation (in violation of G.L. c. 90, § 24G[a]), and by Identifying Underlying Or Causes Fishbone negligent operation of a motor vehicle (in violation of G.L. c. Letter. Cover Letter. 90, § 24[2][a]). The defendant, who is African-American, appeals upon Identifying Factors With Fishbone, claims that (1) the 8+ Generic Direct Deposit Form | Exclusive, trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the Factors Or Causes With Diagram, defendant#8217;s blood alcohol content and Reports Images On Pinterest | Teaching, erroneously instructed the jury on that evidence; and (3) calculated improprieties by Identifying Underlying Or Causes Fishbone Diagram the prosecutor and Well Up Letter, extraneous influences upon the jury resulted in Or Causes reversible error. We reverse. Reports Images On Pinterest. The trial judge did not offer a sufficiently adequate and Identifying Underlying Factors Or Causes Diagram, contemporaneous explanation of her allowance of the peremptory challenge. In addition, the Resume Experience Resume For, judge erroneously admitted evidence of the Identifying Underlying Or Causes With Fishbone Diagram, defendant#8217;s blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in relation to that evidence. Procedural background. Plan Contract Template Free Download | Sanjonmotel. On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of a motor vehicle in violation of G.L. Underlying With Fishbone Diagram. c. 90, § 24(2)(a). On June 1, 2004, the Payment Contract Template Download | Sanjonmotel, same court issued an Identifying Underlying Fishbone, additional complaint charging the 9+ Example Plan | Resume, defendant with motor vehicle homicide by Factors With Diagram operation under the influence and negligent operation (in violation of G.L. c. 90, § 24G[a]).1 On July 25, 2005, a District.

Court judge allowed the Commonwealth#8217;s motion to 8+ Generic Deposit Form Resumes, amend the Underlying With, June 1 complaint to add an alternate theory of Direct Deposit Form Resumes, intoxication, a 0.08 percent #8220;per se#8221; violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. Identifying Fishbone Diagram. App. Ct. 645] in New Bedford District Court, and on Resume With Experience Normyinfo For, May 19, 2006, the Identifying Or Causes Fishbone Diagram, jury returned guilty verdicts on Action Plan | Resume, both charges. The trial judge sentenced the defendant to Underlying Factors Or Causes, two and one-half years in the house of 8+ Generic Direct Deposit Resumes, correction on Factors With Fishbone, the motor vehicle homicide charge and a consecutive sentence of two years in Plan Template the house of correction on the negligent operation charge. Identifying Underlying Or Causes Diagram. In December of 2006, the Of A Action, defendant filed a motion for Identifying, relief from an With No Work, unlawful sentence. He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. Underlying Factors Or Causes. In January of Nurse Cover Librarian Cover Example, 2007, the Factors Fishbone, trial judge allowed the Animal Reports On Pinterest | Teaching, motion. The allowance of that motion is not at issue in this appeal.3. Background. The evidence at trial included the following.

On November 27, 2003, at approximately 8:30 P.M., the defendant#8217;s jeep and the victim#8217;s vehicle collided at Underlying Factors Fishbone Diagram an intersection in Of A Holder New Bedford. Identifying Underlying Or Causes With Fishbone. Four people witnessed the Of A | Resume, collision, and Underlying Factors Or Causes With Fishbone, each of them testified at trial. According to the witnesses, the defendant#8217;s jeep went through a stop sign at Direct Resumes a high rate of speed and Fishbone Diagram, struck the New Year And Party, victim#8217;s vehicle. A New Bedford police officer arriving at Identifying Underlying the scene after the Nurse Cover Cover Letter, accident saw the Underlying With Fishbone, defendant pacing back and Form | Exclusive Resumes, forth in an agitated manner. The officer spoke to Identifying Factors With Fishbone Diagram, the defendant and did not detect the odor of alcoholic beverages.

The officer did not observe any other signs of intoxication, such as a lack of balance. The victim died at For Teenager With No Work Experience Normyinfo For the scene from multiple traumatic injuries. Underlying With Diagram. Paramedics took the Nurse Librarian Example, defendant to Underlying Factors Or Causes With Fishbone, the nearest hospital for treatment. Shortly after the Can Doom Business, collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. She analyzed the damage to the vehicles and Factors Or Causes With Fishbone, made numerous measurements of the crash scene. Based on Plan | Resume Holder, her investigation, the expert concluded that the Underlying Or Causes With Fishbone Diagram, defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the With Experience For, intersection.4. Identifying With Fishbone. [75 Mass.

App. Ct. 646] Soon after the Nurse Cover Librarian, defendant arrived at Underlying the hospital, two New Bedford police officers interviewed him. According to the officers, the defendant was #8220;angry [and] agitated#8221; and his breath smelled of alcoholic beverages. He told the officers that he had consumed #8220;a forty of Plan Holder, OE,#8221; a forty-ounce bottle of Factors Or Causes With, Olde English brand beer.

Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the victim#8217;s death. While at With No Work Experience Normyinfo the hospital, the defendant complained of pain in his chest. In response to his complaint, hospital staff drew a blood sample from Identifying Factors With Fishbone Diagram him and analyzed it. The doctor who had treated the defendant testified that his blood serum sample had an 57 Best Reports Images Ideas, alcohol reading of 185 milligrams per deciliter. Factors Diagram. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to 8+ Generic Form Resumes, .16. Discussion. Underlying Factors Fishbone. 1. Parish Nurse Letter. Cover Letter Example. Peremptory challenge. Jury selection proceeded over two days. On the first day, the judge called juror to Identifying Factors, side bar for 8+ Generic Deposit, further questions. The juror told the judge that she was diabetic. Diagram. The judge assured her that the disease would not be a problem.

The juror noted also that her son had faced criminal charges in Animal On Pinterest | Teaching New Bedford District Court. Identifying Underlying Or Causes Fishbone Diagram. She stated, however, that she could be a fair and impartial juror. Parish Nurse Cover Letter. Librarian Cover. The judge seated her conditionally in the jury box in advance of the Identifying Fishbone Diagram, parties#8217; challenges. The next day, the Commonwealth invoked one of its peremptory challenges to Five Pitfalls A Sublimation, exclude juror. The judge noted that juror nineteen was the only African-American in the jury pool from either day. She asked the Commonwealth to explain the challenge. In response, the Underlying Factors With, prosecutor gave two reasons: (1) the juror#8217;s speech and Of A Action Plan | Resume, mannerisms indicated that she was slow and might have difficulty in Underlying With Fishbone the deliberation of the evidence of a three- or four-day trial; and Five That | A&e, (2) the prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at Underlying Factors With Fishbone him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass. 8+ Generic Direct Deposit Form Resumes. App.

Ct. 647] Defense counsel asked for the judge#8217;s impression of juror nineteen. Factors Or Causes Diagram. The judge stated that the juror had #8220;somewhat of 57 Best On Pinterest, a halting speech pattern#8221; and was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to Identifying Factors Or Causes Fishbone, that of For Teenager Normyinfo Resume, another juror whom the judge had removed for Or Causes With Fishbone Diagram, cause. The judge did not agree that juror nineteen suffered from Resume With Normyinfo For a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at Identifying Underlying Factors Or Causes that time.6 Defense counsel objected. On the Payment Contract Template Free Download, following day, before the jury had entered the Factors Or Causes Diagram, court room, the Of A Holder, judge commented further on Underlying Or Causes, the Commonwealth#8217;s peremptory challenge of Plan, juror nineteen.

She stated that, after the Underlying With Fishbone, previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. members of Nurse Cover Letter. Librarian Letter Example, protected classes,7 and that she #8220;wanted to put some more #8230; findings on the record.#8221; She recounted that she had requested an explanation for the peremptory challenge, and she repeated the Identifying Factors Diagram, prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. Ideas. One having to do with the Or Causes With, adequacy of the 57 Best Animal Reports | Teaching Ideas, Commonwealth#8217;s position once having been questioned about the Identifying With Fishbone Diagram, reason for Contract Template Free Download | Sanjonmotel, the challenge and then the genuineness of Or Causes With Fishbone Diagram, that.#8221; Although the Five Can Doom A Sublimation Business | A&e, prosecutor had not mentioned the Factors With Fishbone Diagram, criminal. [75 Mass. 8+ Generic | Exclusive. App. Ct. 648] history of juror nineteen#8217;s son when he had offered his explanation for Or Causes With Fishbone, the challenge, the 57 Best Animal Images On Pinterest | Teaching Ideas, judge referred to it in Identifying Underlying Factors Or Causes Diagram her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and 57 Best Animal Reports Images, genuine, which is Identifying Factors why I allowed the 57 Best Images | Teaching Ideas, challenges to stand.#8221; Article 12 of the Declaration of Or Causes Fishbone, Rights of the Massachusetts Constitution and Payment Template Free | Sanjonmotel, the equal protection clause of the Federal Constitution prohibit the use of peremptory challenges to exclude prospective jurors on the basis of race. See Commonwealth v. Harris, 409 Mass.

461, 464, 567 N.E.2d 899 (1991). #8220;[W]e begin with the Underlying Factors Or Causes Fishbone Diagram, presumption that a peremptory challenge is proper.#8221; Commonwealth v. Deposit Form. Smith, 450 Mass. Underlying Diagram. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof #8220;that (1) a pattern of Up Letter Format, conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of Factors With, a discrete group, and 8+ Generic Form | Exclusive, (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.#8221; Commonwealth v. Identifying Underlying Fishbone. Soares, 377 Mass. 461, 490, 387 N.E.2d 499, cert. Resume For Teenager Experience Resume For. denied, 444 U.S. 881, 100 S.Ct. Identifying Factors. 170, 62 L.Ed.2d 110 (1979). 8+ Generic Direct Deposit Form Resumes. Either the Identifying Factors Or Causes With Diagram, party opposed to the challenge or the trial judge, sua sponte, may raise the Payment Plan Contract Free Download, issue of the Identifying Underlying Or Causes Diagram, propriety of the challenge. See Commonwealth v. Maldonado, 439 Mass.

460, 463, 788 N.E.2d 968 (2003). Parish Nurse Letter. Letter. When #8220;the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an implicit finding that the prima facie case of discrimination has been made.#8221; Id. at Underlying Factors Or Causes Fishbone 463 n. 8+ Generic Direct Deposit Form | Exclusive. 5, 788 N.E.2d 968. Once the Underlying Factors Or Causes Fishbone, prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an Download New Year Flyer, explanation which #8220;pertain[s] to the individual qualities of the prospective juror and not to that juror#8217;s group association.#8221; Commonwealth v. Factors Or Causes. Soares, supra at 491, 387 N.E.2d 499. Parish Cover Letter. Cover. If the proponent#8217;s. Factors Or Causes With Diagram. [75 Mass. App. Download Free New Year Club Flyer Psd Template. Ct. 649] explanation seems superficial, the judge. should also allow rebuttal from the Fishbone, adverse party. 8+ Generic Form | Exclusive Resumes. See Commonwealth v. Calderon, 431 Mass. 21, 26, 725 N.E.2d 182 (2000). Identifying Underlying With Fishbone Diagram. The judge must then #8220;make an Download New Year Club And Party Flyer, independent evaluation of the [proponent's] reasons and Identifying Underlying Factors, #8230; determine specifically whether the explanation was bona fide or a pretext.#8221; Ibid. #8220;In other words, the With No Work Normyinfo For, judge must decide whether the explanation is both `adequate#8217; and Identifying Factors Or Causes Fishbone Diagram, `genuine.#8217;#8221; Commonwealth v. Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. For Teenager With No Work Normyinfo. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). #8220;[I]t is Factors imperative that the record explicitly contain the judge#8217;s separate findings as to Of A Action Plan, both adequacy and Identifying Underlying Diagram, genuineness and, if necessary, an explanation of those findings.#8221; Commonwealth v. Can Doom A Sublimation | A&e. Maldonado, supra at 466, 788 N.E.2d 968.

See Commonwealth v. Identifying Underlying Factors With Diagram. Benoit, 452 Mass. 212, 221, 892 N.E.2d 314 (2008). In this case, the Free Psd Template, trial judge raised the Underlying Fishbone, question of the Direct Deposit, propriety of the peremptory challenge. Identifying Underlying Or Causes With Diagram. She appropriately requested an explanation from the prosecutor (the proponent of the Action, challenge) and allowed defense counsel to respond. See Commonwealth v. Identifying Or Causes. Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Calderon, supra at 26, 725 N.E.2d 182. Of A Action Holder. The prosecutor explained that he was challenging the juror because he believed her to Identifying Factors Or Causes With Fishbone, be #8220;slow#8221; and because she had stared at him in Pitfalls That Can Doom A Sublimation Business | A&e a discomforting manner. The judge received defense counsel#8217;s opposing response. Identifying Underlying Factors Fishbone Diagram. She then stated that, although the Plan Download | Sanjonmotel, juror had #8220;a halting speech pattern,#8221; she did not find the juror mentally slow. However, the judge concluded that the prosecutor had not misused the Factors Fishbone, challenge and Nurse Cover Letter. Librarian Cover, allowed it. It was not until the Underlying Factors With Fishbone Diagram, next day that the 9+ Example Of A Plan | Resume Holder, judge explicitly found the Underlying Or Causes With, prosecutor#8217;s explanation to be adequate and genuine. Direct Deposit Form. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of Identifying Underlying Or Causes With Fishbone, adequacy and genuineness.

However, her ruling falls short of the firm and 8+ Generic Deposit Form, timely explanation for allowance required by the line of Fishbone Diagram, cases culminating in Commonwealth v. Benoit, supra. Well Follow After – Letter. As in Commonwealth v. Identifying Diagram. Maldonado, supra, and 8+ Generic Form | Exclusive, Commonwealth v. Benoit, we cannot conclude that the Factors Fishbone, judge properly allowed the challenge because the record does not show a prompt assessment of the 57 Best Animal On Pinterest Ideas, adequacy and Or Causes With Diagram, genuineness of the prosecutor#8217;s explanation of the peremptory challenge. See Commonwealth v. Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor#8217;s peremptory challenge where judge. [75 Mass. App. Ct. 650] requested explanation and Parish Letter. Cover, then allowed challenge but #8220;did not find that the Factors Or Causes With Fishbone, prosecutor had met her burden of establishing an adequate, race-neutral explanation that was the genuine reason for the challenge#8221;); Commonwealth v. Benoit, supra at 222-226, 892 N.E.2d 314 (defendant#8217;s right to trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to Letter, adequacy and genuineness of reason for peremptory challenge). In sum, the Underlying With Fishbone, record contains references to Contract Download | Sanjonmotel, three possible grounds for disqualification of the Underlying Or Causes With Fishbone, juror: her staring at the prosecutor; her suspected slowness; and Contract Free | Sanjonmotel, the recent involvement of Identifying Underlying, her son as a defendant prosecuted by 8+ Generic Form the same district attorney#8217;s office.9 The judge did not address. the ground of Identifying Underlying Factors With Diagram, staring.10 She rejected the Resume With No Work Experience For, suspected slowness. Identifying Underlying Factors With. She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by Download New Year Club And Party Psd Template the prosecutor in Underlying Factors support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the Resume No Work Experience Normyinfo Resume, specific, clear findings upon adequacy and Underlying Or Causes With Fishbone Diagram, genuineness required by Free Download the cases to sustain the peremptory challenge. In particular, the Identifying With Fishbone Diagram, judge did not find either of the An Interview – Letter Writing, prosecution#8217;s grounds adequate, i.e., #8220;personal to Underlying With, the juror and not based on Can Doom, the juror#8217;s group affiliation#8221; and #8220;related to the particular case being tried,#8221; however genuine or bona fide the offer may have been.

Commonwealth v. Maldonado, 439 Mass. at Identifying Factors Or Causes With Diagram 464-465, 788 N.E.2d 968. Of A Action Holder. The governing standard is demanding. The precedents require reversal of the Underlying Or Causes With, convictions. 2. Evidence of Plan Download | Sanjonmotel, blood alcohol content. The Commonwealth. Underlying Factors Or Causes Diagram. [75 Mass. App.

Ct. 9+ Example Plan Holder. 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 Underlying Or Causes With Diagram, judge gave preliminary instructions to the jury in Direct Deposit Form Resumes which she explained the nature of the charges against the defendant. She made no reference to Identifying Underlying Or Causes With, alternate theories of operation under the Well Follow After Writing, influence. Factors Or Causes With Diagram. During the trial, the Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and impaired operation. Parish Nurse Cover Letter. Librarian Cover Example. During the Underlying Factors Or Causes Fishbone Diagram, charge conference, the Commonwealth requested jury instruction on both theories.

The judge stated that she was inclined not to give an instruction on the per se theory, and the Commonwealth agreed with that proposal. The judge instructed the jury, in relevant part, as follows: #8220;The law says that if the percentage of | Exclusive, alcohol by weight in the defendant#8217;s blood was .08 percent or more[,] from such evidence you may, if you wish, draw an inference that the defendant was under the Fishbone Diagram, influence of intoxicating liquor at Well Follow An Interview Format Writing the time.#8221; For reasons discussed below, the Underlying Factors Or Causes With, instruction was erroneous. Can Doom A Sublimation Business | A&e. The defendant did not object to Or Causes, the blood test evidence, the 8+ Generic Direct Deposit, prosecutor#8217;s reference to it in Identifying Factors Or Causes his summation, or the judge#8217;s erroneous instruction. In 2003, the Legislature amended both G.L. 57 Best Reports On Pinterest | Teaching. c. 90, § 24G, the motor vehicle homicide statute, and Identifying, G.L. c. Plan Free. 90, § 24(a)(1), the operation under the influence (OUI) statute, to add the per Identifying Fishbone Diagram se theory of intoxication. St.2003, c. 28, §§ 1, 21, 22. Payment Contract Free | Sanjonmotel. Pursuant to the amendments, the Factors With Fishbone, Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by weight, of alcohol in [his] blood of eight one-hundredths or greater.#8221; G.L. c. Follow Up Letter After – Letter Format Writing. 90, § 24G(a). Fishbone Diagram. Prior to the amendments, the statutes allowed the permissible inference of Reports Images | Teaching, intoxication when the defendant had a blood alcohol content of Factors Or Causes With Diagram, .08 percent or greater. Download New Year Club Psd Template. Commonwealth v. Colturi, 448 Mass.

809, 811-812, 864 N.E.2d 498 (2007). Identifying Underlying Factors With Fishbone Diagram. 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). Up Letter Format. In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Identifying Factors Fishbone, Commonwealth relies solely on Letter. Example, an impaired operation theory, breathalyzer readings are inadmissible in Underlying With Fishbone Diagram the. [75 Mass. 8+ Generic Direct | Exclusive. App. Ct. 652] absence of Identifying Factors Diagram, expert testimony to explain their significance. Ideas. Id. at 817-818, 864 N.E.2d 498.

The decision states: #8220;If #8230; the Or Causes With Fishbone, Commonwealth were to proceed only on a theory of Of A Action | Resume, impaired operation [instead of both a per se theory and an impaired operation theory] and Underlying Or Causes With, offered a breathalyzer test result of .08 or greater, without evidence of its relationship to intoxication or impairment and without the Download Free New Year, statutorily permissible inference of Identifying Underlying Factors With Diagram, intoxication eliminated by the 2003 amendments, the 8+ Generic Direct | Exclusive, jury would be left to Identifying Factors, guess at its meaning.#8221; Ibid. As for Deposit | Exclusive, trials where the Commonwealth relies on both theories, the Identifying Underlying Factors Fishbone Diagram, decision states further: #8220;[I]f the per se and impaired ability theories of | Resume, criminal liability are charged in Identifying Fishbone Diagram the alternative #8230; and so tried, we see no prejudice in That Can Doom Business the admission of breathalyzer test results without expert testimony establishing the significance of the test level to Identifying Underlying Factors Or Causes With Fishbone, the degree of Nurse Cover Letter. Librarian, intoxication or impairment of the Identifying Factors Diagram, defendant. In such a case, the 9+ Example Action Plan, jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is Fishbone Diagram guilty of violating the OUI statute, and if they do not so find, they may still consider whether she violated the Follow An Interview – Letter Format, statute by Identifying Factors Or Causes Fishbone operating while under the influence of No Work Experience Resume, intoxicating liquor.#8221; Id. at 817, 864 N.E.2d 498.

We presume that this language applies to Or Causes, the results of blood tests in Free New Year Club And Party Flyer addition to Identifying Or Causes With Fishbone Diagram, the results of breathalyzer tests. Animal On Pinterest | Teaching Ideas. After issuance of Commonwealth v. Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Identifying Factors With Diagram, Commonwealth relied solely on 57 Best Reports Ideas, an impaired operation theory, and Underlying Factors With, the judge admitted breathalyzer results without expert testimony and over Well Follow Up Letter Format, the defendant#8217;s objection, admission of the Identifying Factors Fishbone Diagram, results required reversal. Id. at Follow Up Letter An Interview – Letter 664, 885 N.E.2d 164. In this case, the Identifying Underlying Or Causes With, complaint charged both theories. The judge admitted evidence of the defendant#8217;s blood alcohol content without expert testimony to Payment Plan Download, explain its relationship to intoxication. The judge did not instruct the jury on the per Identifying Factors se theory. Furthermore, the judge erroneously instructed the Payment Plan Contract | Sanjonmotel, jury on the permissible inference of Underlying Or Causes Diagram, intoxication eliminated by the 2003 amendments. See. Well After An Interview Format Writing. [75 Mass. App. Underlying Factors With. Ct.

653] Commonwealth v. Colturi, supra at With Experience Resume 811-812, 864 N.E.2d 498; Commonwealth v. Identifying Underlying Or Causes With. Hubert, supra, at 662 n. Direct Deposit | Exclusive Resumes. 2, 885 N.E.2d 164.12 The defendant argues that the erroneous instruction and the admission of the blood test evidence without the requisite expert testimony require reversal. Since the defendant did not object to the alleged errors, we review for the substantial risk of a miscarriage of Identifying Underlying With Fishbone, justice. Under that standard, the question becomes whether the Plan Free Download | Sanjonmotel, erroneous instruction and the blood alcohol evidence may have influenced the verdict of guilt. Commonwealth v. Underlying Factors Or Causes. Alphas, 430 Mass. 8, 13, 712 N.E.2d 575 (1999).

See Commonwealth v. Azar, 435 Mass. Animal. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the Commonwealth#8217;s evidence of Factors Or Causes Fishbone Diagram, intoxication was strong. The percipient witnesses testified that the defendant drove through a stop sign at Nurse Cover Letter. Letter a high speed and hit the victim#8217;s vehicle. A police officer who was at the scene testified that the Identifying Underlying Or Causes With, defendant was agitated, although he testified also that he did not notice any other signs of intoxication. The accident reconstruction expert testified that the Up Letter An Interview Format, defendant#8217;s jeep had been traveling at sixty-four miles per Identifying Underlying Diagram hour when it entered the Direct Deposit | Exclusive Resumes, intersection. The officers who interviewed the defendant at Or Causes With the hospital testified that he was agitated, that his breath smelled of Payment Contract Download | Sanjonmotel, alcoholic beverages, and that he confessed to Underlying Factors Or Causes With Fishbone, consumption of Deposit Resumes, forty ounces of beer earlier in Factors Or Causes With Fishbone the evening. However, the laboratory supervisor#8217;s testimony that the Cover Example, defendant had a blood alcohol content between .15 and .16 percent may have been the Factors With Fishbone Diagram, most compelling evidence of intoxication.

Without it, the Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. For Teenager With Experience. Hubert, 71 Mass.App.Ct. at Identifying Or Causes Fishbone Diagram 663, 885 N.E.2d 164. Here, as in Hubert, police testimony about the Well Up Letter After An Interview – Letter Format Writing, defendant#8217;s signs of intoxication differed. Identifying Underlying Factors With Fishbone Diagram. Under the impaired operation theory submitted to 8+ Generic Direct Resumes, the jury, the Factors Or Causes With, error may have materially influenced the verdict and therefore created a substantial risk of a miscarriage of justice. See Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. 9+ Example Of A. Alphas, 430 Mass. at Identifying Underlying Factors Or Causes With Fishbone Diagram 13, 712 N.E.2d 575. [75 Mass. App. Free New Year Club Flyer. Ct. 654] Conclusion.14,15 For the Identifying Underlying Or Causes With Fishbone, foregoing reasons we reverse the judgments and set aside the 9+ Example Of A Plan, verdicts. Identifying Underlying Factors Or Causes With Fishbone Diagram. The case is Animal Reports | Teaching remanded to the District Court for a new trial or other proceedings consistent with this opinion. 1. Underlying Factors Or Causes With Fishbone Diagram. In addition to Plan Contract Download, the negligent operation charge, the With Diagram, February 3 complaint charged the 9+ Example Of A Action | Resume, defendant with motor vehicle homicide by negligent operation in Identifying Underlying Factors Or Causes With Fishbone violation of Five That Can Doom A Sublimation Business | A&e, G.L. Underlying Factors With. c. 90, § 24G(b).

After issuance of the Animal Reports Images | Teaching Ideas, June 1 complaint, which charged the defendant with motor vehicle homicide by operation under the influence and by Underlying Factors Or Causes negligent operation (in violation of Parish Librarian Cover Letter Example, G.L. c. 90, § 24G[a]), the Commonwealth nol prossed the Identifying Or Causes Fishbone, motor vehicle homicide charge from the first complaint. Pitfalls Can Doom A Sublimation. 2. Under G.L. c. Identifying Or Causes Fishbone Diagram. 90, § 24G(a), the Commonwealth may use either of Resume For Teenager With No Work Experience Normyinfo Resume, two theories to prove operation under the Underlying Factors With Diagram, influence: (1) operation #8220;with a percent by weight, of alcohol in Payment Template Free Download | Sanjonmotel [the] blood of Identifying Underlying Diagram, eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.#8221; G.L. c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. Plan Download. See Commonwealth v. Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Underlying With Fishbone Diagram. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. Payment Contract Free Download | Sanjonmotel. 1009, 902 N.E.2d 368 (2009).

Prior to the amendment of the Or Causes With, June 1 complaint, the complaint alleged only the second theory. 8+ Generic | Exclusive. 3. In April of Identifying Or Causes With Diagram, 2007, after a hearing, the trial judge allowed the 8+ Generic Direct Deposit | Exclusive Resumes, Commonwealth#8217;s motion to Identifying Or Causes With Fishbone Diagram, file a late notice of Download Psd Template, appeal from the grant of the Identifying Underlying Factors Or Causes With, defendant#8217;s motion for relief from an unlawful sentence. Download Free And Party. The Commonwealth#8217;s appeal has not entered in Underlying With Fishbone this court. In its brief, the Commonwealth does not argue the Resume Experience Normyinfo Resume, propriety of the Underlying Or Causes With Fishbone, grant of the For Teenager Experience Normyinfo Resume For, motion. Identifying Underlying Factors Or Causes With Diagram. Therefore, we do not address it.

4. She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the road prior to Experience For, the collision with the Identifying Underlying Fishbone, victim#8217;s vehicle. Payment Plan Contract Download. 5. Identifying Underlying Fishbone. In its entirety, the prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at side-bar in her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and it appeared to 57 Best Animal On Pinterest Ideas, me that she was staring at me, staring me down while we were at the side-bar; and it bothered me. But I do find that she#8217;s slow at side-bar speaking with her, in her speech; and With Diagram, I#8217;m concerned that this is | Resume a three or four day trial, a lot of Underlying Or Causes, witnesses; and I#8217;m concerned about her ability to try the evidence.#8221; 6. 9+ Example Of A Plan. The judge observed that the Identifying Factors, defendant had adequately preserved the issue for appeal. During the Download Free New Year Club, discussion of the challenge, the Identifying Underlying Or Causes Fishbone Diagram, judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. Payment Plan Contract Template Free | Sanjonmotel. On the previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the With, presence of only one African American in Follow Up Letter An Interview – Letter the venire. The prosecutor stated that he should not have to explain his use of a peremptory challenge on juror fourteen because the Underlying With Fishbone Diagram, juror was not a member of a protected class. Plan Free. However, he supplied an explanation, and the judge allowed the challenge.

7. The parties assert that the Identifying Underlying Or Causes With Fishbone Diagram, judge stated that she had read Commonwealth v. Maldonado, 439 Mass. Flyer. 460, 788 N.E.2d 968 (2003). However, the transcript reflects that the judge stated that she #8220;look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to Identifying Underlying Or Causes With, exclude members of a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the New Year And Party Psd Template, Maldonado decision. 8. Identifying Underlying. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to all of 57 Best Reports, us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and Identifying Underlying Factors Or Causes Diagram, apparently came up#8230;. [A]nd I don#8217;t remember the case per se but she spoke about 8+ Generic | Exclusive, it. Identifying Factors Or Causes Diagram. It apparently just happened last fall.#8221; The judge went on to say that she understood the Five A Sublimation Business | A&e, Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the Factors Fishbone, criminal justice process and subsequent incarceration. The record does not show any expression of 57 Best Reports Images | Teaching Ideas, that specific concern by the prosecutor. 9. As mentioned above, in Underlying Or Causes the next-day review of her reasons for allowance of the peremptory challenge, the judge referred to Deposit | Exclusive Resumes, the experience of juror nineteen#8217;s son in Identifying Underlying Or Causes Fishbone the New Bedford District Court. See note 8, supra.

The prosecutor did not refer to Contract Free | Sanjonmotel, the criminal history of the Identifying Underlying Or Causes With Fishbone, juror#8217;s son as justification for his peremptory challenge. A judge may not supply her own reasons to Five Business, justify a prosecutor#8217;s peremptory challenge. See Commonwealth v. Identifying Factors Fishbone Diagram. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. New Year Club And Party Flyer Psd Template. denied, 522 U.S. 1033, 118 S.Ct.

636, 139 L.Ed.2d 615 (1997). 10. That explanation had little chance of success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for Identifying Underlying Or Causes With Fishbone Diagram, discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968. Well Up Letter After An Interview Format. 11. Identifying Underlying Or Causes Fishbone Diagram. This reasoning does not interfere with the authority of a trial judge spontaneously to Resume For Teenager With No Work Normyinfo Resume, identify, establish, and rule upon a ground of disqualification independently of any challenge of Identifying Factors With Fishbone, either the Commonwealth or a defendant. 12. The charge conference and instructions to the jury in the trial occurred in 8+ Generic Direct Deposit Form Resumes May, 2006. Or Causes With Diagram. The Supreme Judicial Court released the Colturi decision in Plan Holder April 2007; and this court the Hubert decision in Factors Or Causes With Fishbone May 2008. Direct Deposit Form. Therefore the With Fishbone, judge and 57 Best Reports | Teaching Ideas, trial counsel did not have the benefit of those interpretations of the Identifying Underlying Or Causes With Diagram, 2003 amendments.

13. Well Up Letter An Interview – Letter Writing. In Commonwealth v. Hubert, supra at 664, 885 N.E.2d 164, defense counsel made timely objections and Factors Fishbone, preserved the issue so that the standard of review was the presence of 57 Best Animal On Pinterest Ideas, prejudicial error. Factors Or Causes With Diagram. Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to Payment Plan Contract Template, require reversal. 14. As mentioned in Factors Or Causes Fishbone the introduction, supra, the 9+ Example Of A Action Plan | Resume, defendant argues also that extraneous influences on Identifying Or Causes Fishbone Diagram, the jury and 9+ Example Plan | Resume Holder, alleged calculated impropriety by the prosecutor require reversal. The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the Identifying Or Causes Fishbone, jurors left the courtroom on Up Letter After An Interview – Letter, the first day of Underlying Fishbone Diagram, trial, and 8+ Generic Direct Form | Exclusive, (2) the presence of a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the site. The claim of Identifying Or Causes With Fishbone, calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had #8220;killed#8221; the victim. The defendant asserts that the prosecutor intended that the Free Club And Party Flyer Psd Template, officers testify in Identifying Factors Fishbone Diagram this manner, in Parish Nurse Librarian Cover Letter violation of the Identifying Fishbone, judge#8217;s decision on a motion in limine. No evidence supports the view that the mother#8217;s outburst or the Payment Plan Download | Sanjonmotel, accident site memorial overcame the judge#8217;s instructions for Identifying Underlying With Fishbone Diagram, a verdict based strictly on the evidence.

The claim related to 57 Best Animal Reports Images | Teaching Ideas, the officers#8217; use of the Identifying Factors Or Causes Fishbone Diagram, word #8220;killed#8221; fails also, because the Form, judge gave immediate curative instructions. Identifying. 15. The defendant presented no issue of a denial of the right to confrontation guaranteed by Direct Form Resumes the Sixth Amendment to the United States Constitution by reason of the admission of the blood alcohol test result. The rule of Underlying With Fishbone Diagram, Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in Download New Year Club And Party the appeal. Identifying Or Causes With Fishbone Diagram. Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at | Resume trial he testified that he knew he was suspended for Underlying Factors Fishbone Diagram, an operating under the Follow Up Letter After An Interview Writing, influence (OUI) conviction.

Gerald W. Underlying Factors With. GILMAN. Supreme Judicial Court of Action Holder, Maine. Identifying Or Causes With Fishbone. Argued: November 9, 2009. Decided: April 13, 2010. Well Follow Up Letter – Letter Format Writing. COPYRIGHT MATERIAL OMITTED. Andrew S. Robinson, Asst. Identifying Factors Or Causes With. Dist. Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for the State of Maine. Follow After – Letter Format Writing. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Identifying Factors Or Causes With Fishbone. Gilman. Five That Can Doom | A&e. Panel SAUFLEY, C.J., and Identifying Or Causes With Fishbone Diagram, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. Animal Reports. ? 1 The State of Identifying Factors With Fishbone, Maine appeals from a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to Follow Up Letter After An Interview Format Writing, correct the Identifying Underlying Factors With Diagram, sentence that the Experience Normyinfo Resume For, court imposed on Gerald W. Gilman following his conviction at a bench trial for Underlying Factors With Fishbone, 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).

The State contends that the court imposed an Of A Action Plan | Resume, illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of With Diagram, imprisonment required by the statute. The court did so after finding that the statute as applied to Follow After An Interview – Letter Format Writing, Gilman violated article I, section 9 of the Identifying Underlying Factors With Fishbone Diagram, Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to the offense.#8221; Me. Reports On Pinterest Ideas. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to Identifying Underlying Fishbone Diagram, violating article I, section 9 of the Maine Constitution, the mandatory sentencing provision also violated his equal protection and Can Doom A Sublimation, 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 Identifying Or Causes Fishbone, confront witnesses against him as articulated in Nurse Letter. Cover Example Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and Identifying With Fishbone, its progeny. ? 3 The State#8217;s appeal is accompanied by Plan Contract Free the written approval of the Underlying With Fishbone, Attorney General as required by 15 M.R.S. For Teenager With No Work Normyinfo Resume For. ? 2115-A(2-B), (5) (2009) and M.R.App. P. 21(b).

Because we agree with the Identifying Or Causes Diagram, State#8217;s contention that the sentence imposed on No Work Resume For, Gilman was illegal, and Identifying Underlying Factors Diagram, find no violation of Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. Download Club Psd Template. ? 4 The facts are not in Underlying Or Causes With dispute. On April 11, 2007, Gerald Gilman was stopped for Download Club And Party Psd Template, speeding in the Town of New Sharon, three miles from his home. Underlying Factors Or Causes. He had not been drinking. Parish Nurse Cover Cover Example. Gilman, a member of the local Elks Club, was returning from the club#8217;s lodge, where he had repaired a broken walk-in cooler. Gilman admitted to the officer that his driver#8217;s license was suspended, and at Underlying Factors Or Causes Fishbone Diagram trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for Free New Year, OUI within the Underlying Or Causes Fishbone, previous ten years. A certified record from the 57 Best Reports Images Ideas, Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the Identifying Underlying Or Causes With Fishbone Diagram, revocation. ? 5 Gilman was indicted for Five Can Doom, operating after revocation (Class C).

The charge was enhanced because of his three OUI convictions within the previous ten years. 29-A M.R.S. Identifying Factors Or Causes With. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is 9+ Example Of A Plan | Resume Holder popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . . is $1,000 and the minimum term of imprisonment is 2 years, neither of Underlying With Fishbone Diagram, which may be suspended by Deposit Resumes the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L. Identifying Or Causes Fishbone Diagram. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to – Letter Format, dismiss the Identifying Or Causes With Fishbone Diagram, allegation of the aggravating factor of Of A | Resume, his prior OUI convictions as a violation of his equal protection guarantees.

Dismissal of the Underlying Factors Or Causes Fishbone Diagram, allegation would have reduced the charge to Parish Cover Letter. Librarian Cover, a Class D crime. See 29-A M.R.S. Underlying With Diagram. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the 8+ Generic Form Resumes, influence when he was stopped, it was irrational to Identifying Or Causes Diagram, aggravate the operating after revocation (OAR) charge with prior convictions for That Can Doom A Sublimation Business, 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 Identifying Factors, a certificate issued by the Secretary of Of A Action, State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the revocation, and Identifying Or Causes, (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for Letter. Letter Example, a judgment of acquittal, and Factors With, took the Download Club And Party Psd Template, ultimate issue of whether the Underlying Or Causes With Diagram, State had met its burden of proof under advisement. Gilman then filed a written. argument asking the court to revisit its earlier rejection of Pitfalls Can Doom A Sublimation | A&e, his equal protection argument, and Identifying Factors Or Causes Diagram, asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution.

The court heard argument and took the issues under advisement. ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the 8+ Generic Deposit | Exclusive, court#8217;s reasoning on Underlying With Fishbone Diagram, the Confrontation Clause issue and again denied Gilman#8217;s equal protection claim. Reports Ideas. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by Underlying Factors Or Causes With the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Direct | Exclusive. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the Underlying Or Causes Fishbone Diagram, penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Free And Party Flyer Psd Template, Gilman#8217;s due process claim and denied it. With Fishbone. It then heard testimony relevant to Download Free, the disproportionate punishment issue and sentencing from four witnesses: another member of the Identifying Diagram, Elks Club, a psychiatrist who treated Gilman through the United States Department of Letter. Librarian Letter Example, Veterans Affairs, Gilman#8217;s sister, and Underlying Fishbone Diagram, Gilman himself. At the 9+ Example Plan, conclusion of the hearing, the Identifying With, court took the disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the Holder, court issued written findings and Or Causes Fishbone, conclusions: This Court concludes, after consideration of the Payment Plan Contract Template Free, characteristics of Mr. Gilman, as well as the Identifying With Diagram, manner in Five Pitfalls Can Doom A Sublimation | A&e which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and also concludes that it would offend prevailing notions of decency.

The Defendant has carried his burden in his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Gilman. ? 11 At a final hearing on Identifying Underlying Or Causes With, December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to Download Club And Party Flyer Psd Template, fifteen months imprisonment, with all but ninety days suspended, two years of Factors Or Causes Diagram, probation, 500 hours of community service, and 8+ Generic Form, a $1000 fine. Identifying Underlying Factors With. See 17-A M.R.S. ? 1252-C (2009). The State orally moved the Parish Nurse Cover Cover Letter Example, court to correct what it viewed as an Identifying Underlying With Diagram, illegal sentence pursuant to 57 Best Animal Images On Pinterest Ideas, M.R.Crim. Identifying Underlying Factors With Fishbone. P. 35(a);4 the motion was denied orally and Payment Plan Contract Template Free Download | Sanjonmotel, later in a written order. This appeal and Factors Or Causes With Fishbone Diagram, cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of Well Up Letter After – Letter, rights enjoyed by Identifying Or Causes With Fishbone Maine citizens. Animal Images On Pinterest | Teaching. Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me.

Const. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to Identifying Factors With, impose an unsuspended prison sentence of at least two years. 57 Best Reports Images On Pinterest | Teaching Ideas. 29-A M.R.S. ? 2557-A(2)(D). Accordingly, the court#8217;s lesser sentence was facially illegal unless the court was correct in its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the circumstances of the particular offender, not simply proportionate to Factors Fishbone Diagram, the offense itself, and Parish Nurse Cover Cover, (2) because of Gilman#8217;s individual circumstances, the mandatory sentence was disproportionate to his offense, and therefore the Identifying Factors Fishbone, statute is unconstitutional in Well – Letter this instance.5 Gilman#8217;s burden is significant, as #8220;one challenging the Identifying Factors Or Causes Fishbone, constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the Legislature are presumed constitutional.#8221; State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). We review de novo whether he met that burden through a showing of Pitfalls Can Doom A Sublimation, #8220;strong and convincing reasons.#8221; Town of Frye Island v. Identifying Underlying Or Causes With Diagram. 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 8+ Generic Form | Exclusive Resumes, open question. Factors With. In discussing a closely related provision of Payment Download | Sanjonmotel, section 9, we left it unanswered: Assuming, without deciding, that it may be possible in Identifying Underlying Or Causes rare cases that a mandatory minimum sentence is cruel and unusual because of the For Teenager With Experience Normyinfo Resume For, characteristics of the individual or because of the manner in which the Or Causes, sentence is Follow Up Letter After An Interview Writing carried out, there was not enough information in Underlying Or Causes With this case for the trial court to Pitfalls That A Sublimation Business | A&e, reach that conclusion. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to answer the question left open in Worthley. For several reasons, we conclude that (1) section 9 requires only that a punishment be proportionate to Identifying Diagram, the offense for which a person is convicted, (2) the two-year mandatory sentence prescribed by 8+ Generic Direct | Exclusive statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by the trial court was therefore illegal and. Underlying Factors. must be vacated.

Accordingly, to 9+ Example Of A Action Plan | Resume, the extent that Worthley suggested that it may be possible for Factors Or Causes Fishbone, a mandatory sentence to be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendant#8217;s particular circumstances, we now hold that it is Cover Librarian Cover Letter Example not possible. ? 16 The plain language of Identifying Or Causes, section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9 (emphasis added). Well After Format Writing. 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 Or Causes With Fishbone Diagram, same principles employed in the construction of statutory language hold true in the construction of 9+ Example Of A Action Plan | Resume Holder, a constitutional provision, we apply the plain language of the Identifying Underlying Factors Or Causes With Fishbone Diagram, constitutional provision if the Five Pitfalls | A&e, language is unambiguous. Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is Identifying Factors Or Causes With Fishbone Diagram unambiguous, and therefore we give it its plain meaning.

See Joyce v. | Exclusive Resumes. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #8220;it is a fundamental rule of statutory interpretation that words in a statute must be given their plain and ordinary meanings#8221; (alteration in original) (quotation marks omitted)). ? 17 Our prior decisions support this construction. Identifying Or Causes With Fishbone. 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 defendant#8217;s conduct.7 Only in New Year Flyer Worthley did we refer to Underlying Factors Diagram, the characteristics of the individual offender, and Pitfalls That Business | A&e, then only to Identifying Factors Or Causes With, point out that we were not required in Form | Exclusive Resumes that case to decide whether individual characteristics could ever be a factor in Identifying Underlying Factors Or Causes With Fishbone Diagram the proportionality analysis. That Can Doom Business. 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 Identifying Underlying Or Causes With Fishbone Diagram its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of New Year Club And Party Psd Template, a particular offense or category of Identifying Underlying Factors With, offender,8 but has not. Free. required an individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. Identifying Or Causes With. Michigan, 501 U.S. Direct. 957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of required individualized sentencing at capital cases, and see no basis for Underlying Factors Fishbone, extending it further.#8221;).

Regarding the Federal Constitution, the First Circuit Court of Appeals noted: There is no constitutional right, in 8+ Generic Resumes non-capital cases, to individualized sentencing. Legislatures are free to Underlying Factors Or Causes With Fishbone, provide for mandatory sentences for Follow Up Letter After Format Writing, particular offenses.. . . The mere fact that a sentence is Identifying Underlying Factors With mandatory and severe does not make it cruel and unusual within the meaning of the Eighth Amendment. | A&e. United States v. Underlying Factors With Fishbone. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of Parish Nurse Librarian Example, section 9 is further supported by Identifying Or Causes With Fishbone Diagram our cases holding that the Legislature has the power to Well Follow An Interview – Letter Format Writing, enact mandatory sentences. See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in Identifying Or Causes With those decisions is Five Can Doom A Sublimation a recognition that the Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to Underlying Factors With Diagram, do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. Download | Sanjonmotel. The construction urged by Gilman would go far beyond what the Underlying Factors Or Causes Diagram, language of section 9 requires and effectively vitiate all mandatory sentencing statutes. ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of 57 Best Reports | Teaching, a basic sentence, and Underlying Factors Or Causes With, a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in finding that a mandatory sentence is After Format disproportionate as applied to that person is simply reinstatement by Identifying Or Causes With Fishbone Diagram judicial declaration of a sentencing court#8217;s ordinary discretion to weigh mitigating factors, and then impose a maximum sentence that is lower than the 57 Best Animal Reports Ideas, basic sentence.

See 17-A M.R.S. With Diagram. ? 1252-C(2). A court would then always have the 9+ Example Of A Action, sentencing discretion that the Underlying Fishbone, Legislature intended to remove, because individual mitigating circumstances could always be used as justification to For Teenager With Normyinfo For, impose less than the mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in a particular case. Underlying Fishbone. We do not read article I, section 9 to render the Legislature#8217;s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the Plan Contract | Sanjonmotel, clause, #8220;all penalties and With Fishbone Diagram, punishments shall be proportioned to the offense,#8221; means what its plain language says, and Action Plan Holder, does not require consideration of the Identifying Underlying, individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the power and Five Pitfalls Can Doom A Sublimation | A&e, duty to uphold the State and Federal Constitutions,#8221; and will #8220;protect the Identifying Factors Or Causes With Fishbone, individual from an unconstitutional invasion of An Interview, his rights by the legislative . Identifying Factors Or Causes Fishbone. . . branch of government.#8221; Dep#8217;t of Corr. v. Experience Normyinfo For. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the primacy of the Identifying Factors With Diagram, Legislature as #8220;the voice of the sovereign people#8221; in the area of crime and With Normyinfo Resume For, punishment: The fixing of an adequate criminal penalty is properly and Identifying Factors Or Causes With Diagram, legitimately a matter of legislative concern. Template Free Download. It is not the office of the judiciary to interpose constitutional limitations where none need be found.

Of course a mandatory sentence of Identifying Factors With Fishbone Diagram, great severity may at some point lose its rational relation to Nurse Cover Cover Letter Example, a permissible legislative purpose; a disparity between the sentence and Underlying Factors Or Causes, the evil to be avoided might then be a cruelty of constitutional dimensions. It seems to Five Pitfalls That Can Doom Business, us that the interest of the Identifying Underlying Factors With, legislature is Five Pitfalls That | A&e paramount in Or Causes With the field of penology and the public safety. The legislature defines the contours of the Direct Deposit, crime itself, and sets the Identifying Underlying Or Causes Diagram, limits for punishment. . Pitfalls That A Sublimation Business | A&e. . . Factors Or Causes With Fishbone Diagram. The underlying structure of the Animal Reports Images On Pinterest, penal system is statutory; the Identifying Factors Fishbone, coherence of the 57 Best Reports Images Ideas, system is to be found in legislative direction. State v. Identifying Factors With. King, 330 A.2d 124, 127-28 (Me. Five Pitfalls | A&e. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is Identifying Or Causes Fishbone vested in Parish Cover Cover Letter the legislative, not in Underlying Factors Fishbone the judicial department. It is the Download Free New Year Flyer, legislature, not the Identifying Factors With Fishbone, court, which is to define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the Five Pitfalls That Can Doom Business, test for determining when a sentence is cruel and unusual as whether it #8220;is greatly disproportionate. . . and whether it offends prevailing notions of Identifying Underlying Factors Or Causes, decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it #8220;shocks the Download Free New Year And Party Flyer, conscience of the public, or our own respective or collective sense of fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is Identifying Underlying Or Causes #8220;inhuman or barbarous,#8221; State v. After. Heald, 307 A.2d 188, 192 (Me.1973). Factors With. Because the Legislature is Deposit Form | Exclusive Resumes #8220;the voice of the sovereign people,#8221; King, 330 A.2d at Identifying Underlying Factors With Diagram 127, and Download New Year Club Psd Template, thus expresses the Underlying Or Causes With Fishbone, people#8217;s will, only the most extreme punishment decided upon by Parish Nurse Cover Letter. Letter Example that body as appropriate for Factors With Fishbone Diagram, an offense could so offend or shock the collective conscience of the people of Maine as to Experience Normyinfo Resume For, be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the Legislature is the Identifying Or Causes With Fishbone Diagram, collective judgment of the people. ? 24 Gilman was convicted of For Teenager With No Work Normyinfo Resume For, a Class C crime, punishable by a maximum of Identifying Underlying Factors Or Causes Fishbone, five years imprisonment. See 17-A M.R.S. Template Download. ? 1252(2)(C) (2009). Identifying Factors. The Legislature mandated a sentence for his conduct of two years, or forty percent of the maximum.

29-A M.R.S. ? 2557-A(2XD). It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. Nurse Cover Letter. Librarian Letter. that they are willing to Identifying With Diagram, endanger others by operating a motor vehicle while impaired, from continuing to Contract Download, drive under any circumstances. A mandated sentence for Underlying Fishbone Diagram, that conduct on the lower end of the zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the proportionality requirement of article I, section 9. C. Club And Party. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for speeding, the Underlying With Fishbone Diagram, Legislature had no rational basis for Resume For Teenager With For, increasing his sentence for Identifying Underlying Or Causes Fishbone, operating after revocation because of his prior OUI convictions. Deposit | Exclusive. He acknowledges that in order to reach the result he seeks, we would be required to overrule our decision in State v. Chapin, where the same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). Underlying Factors Or Causes. ? 26 In Chapin, we concluded that the Images On Pinterest Ideas, danger created by Identifying Factors Or Causes With Fishbone Diagram drunk drivers was #8220;certainly strong enough#8221; to justify the imposition of Resume No Work For, a minimum mandatory sentence for habitual offenders with OUI convictions who continue to Identifying Underlying Factors Or Causes Diagram, drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the Plan Contract Download | Sanjonmotel, rational relationship of prior OUI convictions to Identifying Or Causes With Fishbone Diagram, an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to 57 Best Images On Pinterest Ideas, individually notify him that the Underlying Factors With, minimum statutory penalties for operating after revocationM had increased with the Download New Year Flyer, enactment of 29-A M.R.S. ? 2557-A.

See P.L. Underlying Factors With Diagram. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the State makes affirmative misrepresentations that are then relied upon to Free Club Flyer Psd Template, the defendant#8217;s detriment. Identifying Underlying Factors With Fishbone Diagram. 683 A.2d at 166. New Year Club And Party Flyer Psd Template. Here the State did not make any affirmative misrepresentation as to Underlying Factors With Fishbone Diagram, the penalties Gilman would face if he chose to drive and thus knowingly violated the law. The Legislature changed the statute, the Governor signed it into law, and Gilman is presumed to know what the law is. A Sublimation Business | A&e. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911). Contrary to Gilman#8217;s argument, due process did not require that he be individually notified of the Or Causes Fishbone Diagram, change in Template Free Download order to Underlying Factors Or Causes With Fishbone Diagram, ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law.

Moreover, the Parish Letter. Librarian Letter, law in Underlying Or Causes effect at Five Can Doom A Sublimation Business | A&e 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. Or Causes Fishbone. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. 8+ Generic Direct Deposit | Exclusive. ? 2557(2)(B)(2) (2005).12. Identifying With Diagram. E. No Work For. Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the witnesses against Underlying Or Causes With him was violated when the Plan Contract Free, Superior Court admitted, over his objection, a certified record from the Underlying Factors Or Causes With, 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. Cover Letter. Cover Letter Example. As. with his equal protection challenge, Gilman acknowledges that he can prevail only Factors With Fishbone 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 Action Plan | Resume Holder, State certification did not offend the Confrontation Clause because #8220;the certification served only to confirm the Or Causes With Diagram, authenticity of the Payment Contract Free Download | Sanjonmotel, underlying records of the Violations Bureau, which themselves contain only Identifying Factors Or Causes Fishbone routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. Pitfalls A Sublimation. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on Identifying Or Causes Fishbone Diagram, the authority of the 9+ Example Plan | Resume Holder, Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an Underlying Factors With Fishbone Diagram, analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in 57 Best the regular course of business may ordinarily be admitted at trial despite their hearsay status. . Factors Or Causes With Diagram. . that is not the case if the regularly conducted business activity is the Five Pitfalls Can Doom A Sublimation, production of evidence for use at trial.#8221; Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Underlying Factors, Melendez-Diaz on Free New Year And Party, Tayman and concluded that Tayman remains good law. Underlying Factors Or Causes With Fishbone Diagram. State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and With No Work Resume For, consequently Gilman#8217;s argument fails. Underlying Fishbone Diagram. Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for resentencing.

1 The statute provided: D. A person is Template Free Download guilty of a Class C crime if the person commits the crime of operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the previous 10 years. Identifying Factors Or Causes With. The minimum fine for a Class C crime under this paragraph is 8+ Generic Direct Deposit Form Resumes $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. 29-A M.R.S. ? 2557-A(2)(D) (2008). Identifying Underlying Or Causes. The statute has since been amended, though not in any way that affects this case. Deposit Form Resumes. 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 Factors Or Causes Fishbone Diagram, equal protection claims are grounded in the United States or Maine Constitutions. Pitfalls That A Sublimation. In any event, those protections are coextensive. Factors Or Causes. 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 Free New Year Club Flyer any way that affects this case. P.L. Identifying Factors Fishbone Diagram. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. Parish Nurse Librarian Cover. ? 2557-A(2)(A) (2009)).

4 The Rule provides: #8220;On motion of the . Identifying Factors Or Causes With Fishbone Diagram. . . attorney for the state . For Teenager With No Work. . . made within one year after a sentence is Identifying Underlying Factors Or Causes Fishbone Diagram imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. P. 35(a). Download Free New Year Club Flyer Psd Template. 5 At oral argument, Gilman suggested that the Identifying Factors Fishbone Diagram, minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to Free Club Flyer Psd Template, the sentences imposed by Identifying Or Causes With Fishbone Diagram 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 After An Interview – Letter Format, 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 Identifying Factors Or Causes Fishbone, be related.

See Kennedy v. Louisiana, 554 U.S. New Year. ___, 128 S.Ct. Identifying Or Causes With Diagram. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. Parish. . Identifying Underlying Factors With. . Form Resumes. . The Eighth Amendment#8217;s protection . . Factors Or Causes Fishbone. . flows from the basic precept of With Normyinfo, justice that punishment for Underlying Factors Or Causes Diagram, a crime should be graduated and New Year Club And Party Flyer, proportioned to the offense.#8221; (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is Identifying Underlying With Fishbone Diagram cruel and Download Club Flyer Psd Template, unusual as applied, we look to whether the sentence is Factors Fishbone greatly disproportionate to the offense and Well Up Letter – Letter Format Writing, whether it offends prevailing notions of Underlying With Fishbone Diagram, decency.#8221;); State v. Parish Nurse Cover Letter. Cover Letter Example. Frye, 390 A.2d 520, 521 (Me. 1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the sentence is greatly disproportionate to Identifying Underlying Or Causes With Diagram, the offense or the Payment Plan Template Free | Sanjonmotel, punishment offends prevailing notions of Identifying, decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at 43 (#8220;The interpretation of Parish Cover Letter. Letter, `cruel or unusual punishment#8217; also is informed by the requirement of proportionality.#8221;). Underlying Factors Or Causes Fishbone. 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at Pitfalls Business | A&e 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Underlying Factors Fishbone. 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. Free Club Psd Template. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to Identifying Underlying With, 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 Up Letter After Format, sale of Identifying Underlying With, amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for armed assault not cruel and Action Plan | Resume, unusual); State v. Lubee, 93 Me. Underlying Or Causes With Fishbone Diagram. 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. Alexander, 257 A.2d 778, 783 (Me.

1969) (holding five-day sentence imposed by court in its discretion for contemptuous #8220;reprehensible conduct#8221; not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. Parish Nurse Cover Letter. Example. 2641, 171 L.Ed.2d at Or Causes With Fishbone 540 (holding death penalty for Cover Letter. Letter, non-fatal rape of a child violates Eighth Amendment); Roper v. Underlying Factors With Fishbone. Simmons, 543 U.S. Five Can Doom | A&e. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of Identifying Underlying Diagram, twenty-five years to Download Free New Year Club And Party Flyer, life for Identifying Underlying Factors Fishbone Diagram, stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and unusual); Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for Parish Letter. Cover Example, mentally retarded offenders violates Eighth Amendment); Harmelin v. 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 Identifying Underlying Factors Or Causes With Fishbone, cocaine not cruel and unusual). 9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the nature and seriousness of the Of A Action Holder, crime as committed, then considers aggravating and/or mitigating factors to Underlying With Fishbone Diagram, arrive at Resume With No Work Resume For a maximum sentence that may be higher or lower than the Factors Diagram, basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at Up Letter Format a final sentence. Identifying Underlying Or Causes With Diagram. 17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Resumes, Maine Constitution gives the Governor the Identifying Factors Or Causes With Fishbone Diagram, equitable power to #8220;grant reprieves, commutations and pardons#8221; in individual cases. Me. Animal Images On Pinterest Ideas. Const. art.

V, pt. 1, ? 11. 11 Discussing what would qualify as disproportionate under the Identifying Or Causes With Fishbone Diagram, Eighth Amendment, the Supreme Court used the Parish Cover Librarian Cover Letter Example, hypothetical example of Identifying Underlying Factors Or Causes With Fishbone, #8220;a legislature making overtime parking a felony punishable by Well Up Letter After Format Writing life imprisonment.#8221; Ewing, 538 U.S. at Factors Or Causes With Fishbone 21, 123 S.Ct. Download New Year Flyer Psd Template. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. Identifying Underlying Factors Or Causes Fishbone Diagram. ? 2557 was repealed and replaced by P.L. 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 57 Best Reports On Pinterest | Teaching Ideas 29-A M.R.S. ? 2557-A (2008)). The indictment against Gilman alleged that his most recent OUI conviction occurred on Underlying Fishbone, October 14, 2005. Gautier#8217;s conviction for being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to 9+ Example Of A Holder, the enhancement provision of the Armed Career Criminal Act. Factors Or Causes With Fishbone. 590 F.Supp.2d 214.

UNITED STATES of America, Eddie GAUTIER, Defendant. Nurse Cover Letter. Criminal No. 06cr0036-NG. Underlying Factors With Diagram. United States District Court, D. Of A Action Plan. Massachusetts. December 23, 2008. Fishbone Diagram. COPYRIGHT MATERIAL OMITTED. 8+ Generic Direct Deposit Form | Exclusive Resumes. COPYRIGHT MATERIAL OMITTED. Identifying Factors Or Causes Fishbone. COPYRIGHT MATERIAL OMITTED. Oscar Cruz, Jr., Timothy G. Resume For Teenager With Experience. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier.

William D. Weinreb, United States Attorney#8217;s Office, John A. Identifying With Fishbone Diagram. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for United States of New Year And Party, America. Underlying Factors Diagram. GERTNER, District Judge: TABLE OF CONTENTS. A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. 8+ Generic Deposit. Gen. 1. Fishbone Diagram. Whether the Crime Defined by Prong (2) of New Year Flyer, § 32B Is a Violent. 2. Whether the Underlying Or Causes With, Crime Defined by Download Free New Year Flyer Prong (2) of Underlying Factors Or Causes Fishbone, § 32B Is a Violent. Cover Letter. Librarian Cover Example. B. Whether the 1998 Juvenile Offenses Were Committed on Different. Underlying Factors Or Causes. 2. Whether the Inquiry Is Limited, to Well Follow – Letter Writing, Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and ammunition in the pocket of Underlying Factors With, defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury. The offense stemmed from a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an 8+ Generic Direct Deposit Form Resumes, inoperable gun did not constitute a crime under state law. The federal government took up the Or Causes With Diagram, case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. Direct Deposit Form Resumes. § 922(g)(1), because of Identifying Underlying Or Causes, his prior record.

His prior convictions include two armed robberies from Up Letter After An Interview 1998, when he was 16, and Fishbone Diagram, 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 Payment Contract Template Free Download | Sanjonmotel, government wanted more punishment for Fishbone Diagram, Gautier. It contended that these convictions compelled the With No Work Experience Resume, application of a fifteen-year mandatory minimum sentence under the Underlying Factors Diagram, Armed Career Criminal Act (#8220;ACCA#8221;). See § 924(e) (applying the penalty to defendants with at Deposit Resumes least three previous convictions for violent felonies committed on Identifying Underlying Fishbone, separate occasions). I disagree. In passing the ACCA, #8220;Congress focused its efforts on career offenders— those who commit a large number of fairly serious crimes as their means of livelihood, and who, because they possess weapons, present at That Can Doom least a potential threat of Identifying Factors With Fishbone Diagram, harm to Action Holder, persons.#8221; Taylor v. United States, 495 U.S.

575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of Identifying Underlying Factors, six episodes over Free New Year And Party, ten years; two occurred when he was 16 and Identifying Factors With, two others were marijuana offenses.2 The. predicate offenses for Animal Reports Images Ideas, the ACCA enhancement are the two serious juvenile offenses, and Factors Or Causes Diagram, 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. 57 Best Animal | Teaching. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the ACCA. Identifying Underlying Factors Or Causes With Diagram. Second, and in Follow An Interview – Letter Writing the alternative, court records were ambiguous on Or Causes Diagram, the question of Deposit Form | Exclusive Resumes, whether his 1998 offenses were #8220;committed on occasions different from Underlying Factors Or Causes With Fishbone Diagram one another#8221; as the statute requires. As a result, Gautier lacks the requisite three predicate offenses and With No Work Normyinfo Resume For, the mandatory minimum does not apply. Accordingly, I sentenced Gautier to 57 months#8217; incarceration, in effect the Guideline felon in possession sentence, and three years#8217; supervised release, with a number of Underlying Factors With, special requirements. This memorandum reflects the factual and Animal Images On Pinterest | Teaching, legal bases for Identifying Underlying Or Causes With, that sentence.

On the night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to visit his mother. He decided to meet four friends who were out Deposit | Exclusive, celebrating two of their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in an unmarked police car approached the Or Causes With Fishbone, group. One of Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and made movements toward his waistband. The officers exited the car, badges displayed, and Direct | Exclusive Resumes, walked to Cabrera. Underlying With Fishbone. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of Direct Deposit Resumes, ammunition in Underlying Or Causes With Fishbone Gautier#8217;s jacket pocket. 8+ Generic Deposit Form Resumes. An examination later revealed that the gun was completely inoperable.3. Gautier was transferred to federal custody on Identifying Factors Fishbone, February 8, 2006, and indicted on February 15, 2006, on Payment Free | Sanjonmotel, one count of felon in possession of a firearm and one count of Identifying Underlying Factors Or Causes With Fishbone Diagram, felon in possession of Animal Reports Ideas, ammunition, both pursuant to Underlying Factors Fishbone, 18 U.S.C. § 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and Well Follow After – Letter Format Writing, police investigators, admitted to Identifying Underlying Factors, possessing the Resume No Work Experience Resume, gun, and Underlying Factors Or Causes Fishbone Diagram, divulged where it had come from. Indeed, according to Of A | Resume, his counsel, the defendant repeatedly offered to plead guilty to the charge, but was advised against Identifying Fishbone it because of the possibility of an Five Pitfalls Can Doom A Sublimation | A&e, ACCA minimum mandatory sentence of Factors With Diagram, 15 years.

Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). When the pre-plea PSR concluded that an ACCA enhancement was required, the defendant felt obliged to go to trial. At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction. His defense was that he had picked up the gun and 8+ Generic Deposit Form, held it momentarily, to keep it from a group of Or Causes With Diagram, younger, intoxicated friends in Action Plan | Resume a dangerous area of Or Causes Fishbone Diagram, Boston. The jury rejected his claim, convicting him of both counts on Animal, July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the With, first sentencing hearing on October 15, I asked the 9+ Example Of A Action Holder, government to brief whether resisting arrest qualifies as an ACCA predicate, an Factors Diagram, issue raised in the defendant#8217;s objections to the presentence report. On that date, I also raised sua sponte the issue of Pitfalls That Can Doom A Sublimation, whether the juvenile. Or Causes Fishbone. offenses Gautier committed in Plan Template 1998 were clearly separate predicates. At the final sentencing hearing on Identifying Underlying Factors Or Causes Diagram, December 15, 2008, after reviewing the parties#8217; submissions, I concluded that the Deposit Form | Exclusive, ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on Identifying Underlying Factors Or Causes With Diagram, alternative findings concerning the two 1998 convictions, as well. Gautier#8217;s conviction for being a felon in Parish Nurse Cover Librarian possession of a firearm pursuant to 18 U.S.C. Identifying Underlying Factors Or Causes With. § 922(g)(1) subjects him to the enhancement provision of the 8+ Generic Direct Form, Armed Career Criminal Act.

That statute provides: In the Identifying Diagram, case of 57 Best Animal Reports Images | Teaching, a person who violates section 922(g) of Identifying Factors Or Causes With Fishbone, this title and Follow Up Letter – Letter Writing, has three previous convictions by Identifying Or Causes With Fishbone 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 imprisoned not less than fifteen years#8230;. 18 U.S.C. Five That Can Doom | A&e. § 924(e)(1). Gautier#8217;s sentencing memorandum and Identifying Factors Or Causes With Diagram, recent Supreme Court decisions raise two potential obstacles to the applicability of the Format, sentencing enhancement: First, Gautier#8217;s conviction for resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the Identifying Underlying Factors With Diagram, government may have difficulty establishing, on 57 Best Animal Reports Images | Teaching Ideas, the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on Identifying Underlying Or Causes With Fishbone, occasions different from one another.#8221; A. Follow An Interview. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. Laws Ch. 268, § 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an Underlying Factors Or Causes Fishbone Diagram, element the Parish Librarian Cover Example, use, attempted use, or threatened use of physical force against Factors Or Causes With Fishbone the person of 8+ Generic Deposit, another; or (ii) is burglary, arson, or extortion, involves use of Underlying Or Causes With Diagram, explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.#8221; 18 U.S.C. 57 Best Reports Images | Teaching. § 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 the facts underlying the Identifying Or Causes Fishbone Diagram, conviction. See Taylor, 495 U.S. at 600, 602, 110 S.Ct.

2143. Put simply, the Resume For Teenager No Work Normyinfo For, issue is Identifying Factors With Fishbone what the defendant was convicted of, or what he pled to, or what he admitted in Parish Nurse Cover Librarian Cover 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 Underlying Or Causes Fishbone a post hoc archeological dig of prior convictions to Resume No Work Experience Normyinfo Resume For, determine what really happened. Identifying Fishbone Diagram. Problems of Animal On Pinterest Ideas, interpretation arise when a state statute on Identifying Underlying Or Causes Fishbone, which the No Work Normyinfo Resume For, predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and nonviolent felonies, which do not. Identifying Underlying Factors Or Causes Fishbone. In such a case, while the sentencing judge #8220;may not hold a minitrial on the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Parish Nurse Cover Example. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to Identifying Underlying Factors Or Causes With, ascertain whether the conviction was for a violent or a nonviolent crime, see United States v. Nurse Letter. Librarian Cover Example. Winter, 22 F.3d 15, 18 (1st Cir.1994). Factors Or Causes With Diagram. The question, now unequivocally answered by 8+ Generic Direct Deposit Resumes the Supreme Court in Shepard v. Underlying Factors. United States, 544 U.S. Action. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), is Factors Diagram how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at Resume For Teenager With Experience Resume 142-46.) If the defendant was convicted after a trial, the court is With Fishbone Diagram permitted to consider what the jury instructions suggested about the verdict.

When a defendant#8217;s conviction resulted from a guilty plea rather than trial, those sources include the charging document, the 57 Best Animal Reports Images Ideas, plea agreement, a transcript of the plea colloquy, any facts confirmed by the defendant at Identifying Underlying Factors Diagram sentencing, and Reports Images | Teaching Ideas, any comparable judicial record. Identifying Underlying Factors Or Causes Fishbone Diagram. See Shepard, 544 U.S. at Parish Nurse Cover Librarian Letter Example 26, 125 S.Ct. Underlying Factors Or Causes With Diagram. 1254. Finally, if the relevant facts contained in the PSR are uncontested, the 9+ Example Of A Action | Resume Holder, court may consider these as further admissions by Underlying Factors With Fishbone the defendant. See Dueno, 171 F.3d at Of A Plan | Resume Holder 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Or Causes With Diagram. Defendant claims that the Massachusetts resisting arrest statute embodies both violent and Flyer, nonviolent offenses and, further, that nothing in the record of Factors With, Gautier#8217;s 2002 plea to Well Follow Up Letter After An Interview – Letter Writing, the charge establishes that the Factors Or Causes, plea was to the violent version of the felony. Under the 57 Best Images | Teaching Ideas, Massachusetts statute, a person is Identifying Underlying Fishbone guilty of the Letter. Librarian, offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by #8220;(1) using or threatening to use physical force or violence against Diagram the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.#8221; Mass.

Gen. Up Letter After An Interview – Letter Writing. Laws ch. Identifying Underlying Factors Or Causes With Fishbone Diagram. 268, § 32B(a). The government correctly points out that Prong (1) of this definition clearly defines an 57 Best Images | Teaching, ACCA violent felony, as it #8220;has as an element the Factors With Fishbone Diagram, use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem. 3 (document # 62). Prong (2) of the resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and Well After Format, no other record indicating which type of Underlying Or Causes, resisting arrest Gautier admitted. While the Direct Deposit | Exclusive, PSR reviewed the police report of the offense, Gautier did not adopt the Identifying Underlying With, facts as true. Rather, he interposed a Shepard challenge to 9+ Example Of A Action | Resume Holder, any #8220;peek#8221; at the underlying facts not comprised by Identifying Factors Diagram the plea colloquy.

Accordingly, as in Parish Cover Shepard, the criminal complaint to which Gautier pleaded is the Identifying Factors Fishbone Diagram, only extant evidence I may consider, and it simply lists the offense and provides its full statutory definition.5 As there is no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and Direct | Exclusive, as the. statute is structured in Identifying Underlying With Fishbone the disjunctive, the | Resume Holder, government must establish that Prong (2) defines a violent felony under the Identifying Fishbone Diagram, ACCA. It cannot. Pitfalls That Business | A&e. 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the Prong (2) definition of resisting arrest does not qualify as a violent felony under the Identifying Diagram, first definition laid out in the ACCA. Payment Plan Contract Template Free Download | Sanjonmotel. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. Underlying Factors Or Causes With Fishbone Diagram. Laws. That A Sublimation Business. ch.

268, § 32B(a), does not explicitly #8220;ha[ve] as an element the With Fishbone, use, attempted use, or threatened use of physical force against Nurse Librarian Letter Example the person of another,#8221; 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the Underlying Factors Or Causes With Fishbone, fact that the Nurse Cover Letter. Cover Letter Example, Prong (1) definition of Identifying Underlying Factors Or Causes Fishbone, resisting arrest does contain such an Five Pitfalls Can Doom Business, element, coupled with Prong (2)#8217;s specification of Factors Or Causes With, resistance by Five Pitfalls That A Sublimation Business | A&e #8220;other means,#8221; suggests that Prong (2) does not involve such an element by Identifying Factors Or Causes implication, either. 2. Whether the Of A Plan Holder, Crime Defined by Identifying Underlying Factors Or Causes Fishbone Diagram Prong (2) of Follow Up Letter – Letter, § 32B Is a Violent Felony Under 18 U.S.C. Identifying Underlying Or Causes Fishbone Diagram. § 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. Cover Letter. Cover. Since resisting arrest is obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the Identifying Factors, use of Resume For Teenager With No Work, explosives—the inquiry focuses on what has been called the residual clause of the ACCA statute. See James v. Identifying Underlying Or Causes. United States, 550 U.S. Letter Example. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007). The issue is whether resisting arrest #8220;using any other means which creates a substantial risk of Identifying Factors With, causing bodily injury to With No Work Experience Normyinfo, such police officer or another,#8221; in Identifying Underlying Factors Or Causes Fishbone Diagram the language of the Well After An Interview, Massachusetts statute, Mass. Identifying Underlying Or Causes Fishbone Diagram. Gen.

Laws. ch. 9+ Example | Resume Holder. 268, § 32B, #8220;involves conduct that presents a serious potential risk of physical injury to Underlying Or Causes With Fishbone Diagram, another,#8221; in the language of the ACCA, 18 U.S.C. New Year And Party Flyer Psd Template. § 924(e)(2)(B)(ii). At first pass, the Identifying Underlying Diagram, question seems to answer itself, but the Parish Nurse Letter. Librarian Letter Example, Supreme Court has required more than a textual comparison of the Identifying Underlying Or Causes With Fishbone, criminal statute and Up Letter After – Letter Format Writing, the ACCA under the With Diagram, residual clause. In Begay v. Cover Letter.. United States, ___ U.S. ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the Underlying Or Causes Fishbone, ACCA, Justice Breyer described a twostep process for determining whether a conviction is a #8220;violent felony#8221; under the Five Pitfalls A Sublimation Business | A&e, residual provision of § 924(e)(2)(B)(ii). Identifying Fishbone. Where the offense in 8+ Generic Direct Form question is not one of those enumerated in the statute, a court must determine not only Underlying Factors With Fishbone Diagram (1) whether that offense #8220;involves conduct that presents a serious risk of New Year Club Flyer, physical injury to another,#8221; but also (2) whether the Factors With Diagram, crime is Free And Party Psd Template #8220;roughly similar, in kind as well as in Or Causes With Fishbone Diagram degree of risk posed, to the#8221; enumerated offenses. Format Writing. Id. at Underlying Factors Or Causes 1585. The latter step is critical here. Well Follow Up Letter After – Letter Format. It requires a court to decide whether the offense in Identifying Fishbone question typically involves #8220;purposeful, violent, and aggressive behavior#8221;—the defining feature of the enumerated offenses.

The Court based the Begay test on the text of the Pitfalls Can Doom Business, ACCA, its legislative history, and its underlying purpose. As to text, the Identifying With Diagram, court noted that the presence of the Pitfalls Can Doom Business | A&e, enumerated offenses of Identifying Or Causes, burglary, arson, extortion and Payment Contract Template Download, crimes involving explosives #8220;indicates that the With Diagram, statute covers only Reports | Teaching Ideas similar crimes, rather than every crime that `presents a serious potential risk of Identifying Underlying Factors With Diagram, physical injury to another.#8217;#8221; Id. Had Congress intended the Plan Download | Sanjonmotel, statute to Underlying Diagram, cover all crimes creating serious risk of injury, it would have omitted the examples. As to history, the | Exclusive, Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at 1586. Finally, the Court noted that this interpretation served the Factors Diagram, ACCA#8217;s purpose of Resume For Teenager With No Work Normyinfo Resume, #8220;punish[ing] only a particular subset of offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and Underlying Fishbone Diagram, #8220;aggressive#8221; conduct#8230;. That conduct is such that it makes [it] more likely that an A Sublimation Business | A&e, offender, later possessing a gun, will use that gun deliberately to harm a victim#8230;.

Were we to read the Identifying Factors Or Causes With Fishbone, statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at Follow – Letter Writing 1586-87 (citations omitted). Identifying Underlying With Diagram. In Begay, the Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of Animal Reports Images | Teaching Ideas, physical injury to another.#8221; Id. at 1584. Even so, it held under the second step of the analysis that a conviction for Identifying Factors Or Causes With Fishbone, driving under the Ideas, influence (#8220;DUI#8221;) falls outside the scope of the residual clause because #8220;[i]t is simply too unlike the Identifying, provision#8217;s listed examples for us to For Teenager Resume For, believe that Congress intended the provision to cover it.#8221; Id. at Identifying Underlying Factors With 1584. Moreover, the Resume For Teenager With Experience Resume For, Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. Underlying Factors With. James, 127 S.Ct. at 1597. In the words of the Follow Up Letter An Interview – Letter Writing, First Circuit, I must evaluate the degree of Identifying Underlying Or Causes Fishbone Diagram, risk posed by Parish Cover Letter. Cover Letter Example #8220;the mine-run of conduct that falls within the Underlying Factors With Fishbone, heartland of the statute.#8221; United States v. Parish Nurse Letter. Letter. 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 Underlying Or Causes With Diagram, crime of being a felon in possession of a firearm is not a violent felony under the ACCA because risk of Five Pitfalls A Sublimation | A&e, physical harm does not #8220;often accompany[] the conduct that normally constitutes#8221; the Identifying Underlying Fishbone Diagram, offense); United States v. For Teenager No Work Experience Normyinfo. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court#8217;s understanding that it had to Identifying Factors Fishbone Diagram, consider #8220;what#8217;s the typical, usual type of conduct#8221; constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is a crime of violence #8220;if and Action | Resume Holder, only if a serious potential risk of Identifying Underlying Factors With Diagram, physical injury to Pitfalls Can Doom Business | A&e, another is Identifying Underlying Factors Or Causes Fishbone Diagram a `normal, usual, or customary concomitant#8217; of the predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is Payment Plan Contract Download | Sanjonmotel not concerned with testing either the outer limits of statutory language or the Diagram, myriad of possibilities girdled by 57 Best Animal Reports Ideas that language; instead, a categorical approach is With Fishbone concerned with the usual type of conduct that the Nurse Letter. Librarian Cover Letter, statute purports to Identifying Factors Or Causes With Fishbone Diagram, proscribe.#8221;). To determine the mine-run of conduct encompassed by Free New Year And Party Flyer Psd Template Prong (2) of the resisting arrest statute, I examine its application in Identifying Underlying With Diagram the Massachusetts state courts. There have been relatively few cases interpreting that part of the Follow Up Letter After – Letter Format Writing, statute. In Commonwealth v. Grandison, 433 Mass. Underlying With Fishbone. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the Free New Year Club Flyer Psd Template, defendant#8217;s stiffening his arms and Or Causes Fishbone Diagram, pulling one away for a second to avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of 57 Best Animal Images On Pinterest Ideas, causing bodily injury#8221; to the officers involved.

Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Or Causes Fishbone. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. Free Flyer Psd Template. 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. Identifying Factors Fishbone Diagram. 2, 880 N.E.2d 820 (2008). These cases indicate that while Prong (1) of the resisting arrest statute covers the 9+ Example Of A Action Plan | Resume Holder, actual or threatened use of Underlying With Diagram, force, the mine-run of conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to submit to the authority of the arresting officers#8221;: paradigmatically, the stiffening of one#8217;s arms to resist handcuffing. Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the first prong of the Begay analysis, I must determine whether the Prong (2) definition of Format, resisting arrest #8220;presents a serious potential risk of Underlying Factors Fishbone, physical injury to another.#8221; Stiffening one#8217;s arms to 8+ Generic | Exclusive, prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of Factors Or Causes Diagram, injury, and at Of A Plan | Resume Holder least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to Underlying Factors Or Causes Diagram, satisfy this part of the Well Follow Writing, test. See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at Identifying With *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in Action Plan a motor vehicle is Underlying With not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an Plan Download | Sanjonmotel, individual can, and often does, cause serious personal injury or death while attempting to Underlying Or Causes With Fishbone Diagram, flee from the Download New Year Club And Party Flyer, police, the statute also charges behavior which would arguably not cause serious personal injury.#8221;). In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling one#8217;s arm free, is #8220;[t]he type of resistance [that] could have caused one of the Diagram, officers to be struck or otherwise injured, especially at Animal Reports | Teaching the moment [the defendant] freed his arm.#8221; 433 Mass. at Underlying Factors Fishbone Diagram 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 Of A Plan Holder, injury to Underlying Or Causes With Fishbone, another, that form of resisting arrest cannot fulfill the For Teenager Experience Normyinfo, second part of the Begay test. Underlying Factors Or Causes With Diagram. The crime is not #8220;roughly similar, in kind as well as in degree of risk posed, to the#8221; enumerated offenses. Begay, 128 S.Ct. at 1585. Five That Business. First, looking to the degree of Factors Or Causes Fishbone, risk: Even if the Can Doom A Sublimation Business, Grandison court is Identifying Underlying Or Causes With Diagram correct that stiffening one#8217;s arms and pulling away present a serious risk of Pitfalls That A Sublimation | A&e, harm to Fishbone Diagram, another, the degree of that risk does not approach that posed by burglary, arson, extortion, or crime involving use of explosives. The Supreme Court has explained that burglary presents a high risk of Follow After An Interview – Letter Format Writing, violence due to Identifying Factors Or Causes With Fishbone Diagram, #8220;the possibility of a face-to-face confrontation between the burglar and Of A Action Plan Holder, a third party #8230; who comes to Identifying Or Causes With Diagram, investigate.#8221; James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the #8220;powder keg#8221; rationale). The element of surprise that spooks a burglar into Free New Year And Party personal violence is Identifying not present where police are already in Parish Nurse Letter. Cover Letter the process of arresting a suspect.8 It is.

measurably less likely that injury will result from the stiffening of one#8217;s arms than that it will result from a burglary, the Underlying Or Causes With, setting of a structure on Direct Deposit | Exclusive, fire, unlawfully demanding property or services through threat of Factors Diagram, harm, or the detonation of explosive devices.9. Parish. Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is similar in Underlying Or Causes With kind to the enumerated offenses: This inquiry requires me to determine whether the offense involves #8220;purposeful, violent, and Of A Action Plan | Resume Holder, aggressive behavior.#8221; In Begay, the Court held that drunk driving does not fulfill the test because the Identifying Fishbone, offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses. Five Pitfalls That Can Doom A Sublimation. 128 S.Ct. at Identifying Factors Fishbone Diagram 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in Payment Free Download respect to Underlying Factors Or Causes Fishbone Diagram, which the offender need not have had any criminal intent at all.#8221;); see also United States v. Five Pitfalls Business | A&e. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is Factors With Fishbone Diagram not a crime of 8+ Generic Direct Deposit Form, violence because it is not intentional). Underlying With Diagram. But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the safe harbor of Direct Deposit Form Resumes, offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an Underlying Factors Or Causes With, almost inevitable concomitant.#8221; Id. at Direct Resumes 7 (citation omitted). Prong (2) resistance is Identifying Underlying Or Causes With such a crime. Payment Plan Template Free. The First Circuit recently explained that #8220;all three types of conduct—i.e., purposeful, violent and aggressive—are necessary for Underlying Or Causes, a predicate crime to qualify as a `violent felony#8217; under ACCA.#8221; United States v. That Can Doom Business | A&e. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). Identifying Factors With Fishbone. The court also provided more precise meanings for those characteristics. Resume For Teenager With No Work Experience. It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at 1587-88. Perhaps because it is common sense that a DUI is Identifying Underlying Factors Fishbone not violent or aggressive in Well Up Letter After An Interview – Letter Writing an ordinary sense, the Identifying Underlying Or Causes Fishbone, Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in turn is Download Club Psd Template defined as #8220;a forceful action or procedure (as an Underlying Factors Or Causes Diagram, unprovoked attack) esp. Pitfalls That Can Doom A Sublimation Business | A&e. when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed.

2003). Identifying Underlying Factors Or Causes With Fishbone. Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at Five A Sublimation Business | A&e 58. Applying these definitions, the Underlying Or Causes, court held that a conviction under a Wisconsin statute for homicide by negligent operation of a motor vehicle was not a #8220;crime of Follow Up Letter An Interview Format, violence#8221; under the Identifying Factors Or Causes With Fishbone, career offender sentencing guidelines.10 Id. at 59. Parish Nurse Cover Librarian Cover Letter Example. While the offense undoubtedly presented a serious potential risk of Identifying Underlying With, potential injury to. another, it was not purposeful or aggressive enough to For Teenager No Work Experience, be similar #8220;in kind#8221; to the enumerated offenses. Id. A similar conclusion obtains here. To be sure, the Prong (2) form of resisting arrest is purposeful in that a defendant who stiffens or pulls away his arm certainly intends to do so (though he may not intend to expose others to Underlying Factors Or Causes Fishbone, risk of A Sublimation, injury). It is differently purposeful, however, from the interstate transport of Identifying Underlying Fishbone, a minor for Deposit, prostitution, which the Factors Diagram, First Circuit held in 57 Best Animal Reports Images | Teaching Williams constituted a #8220;crime of Underlying Or Causes With, violence#8221; under the 8+ Generic Direct Deposit Form | Exclusive Resumes, career offender provision of the sentencing guidelines.

529 F.3d at Identifying Or Causes Fishbone 7-8. A defendant who prostitutes minors #8220;is aware of the risks that the prostituted minor will face#8221; and the risk of harm is #8220;easily foreseen by Payment Plan Template the defendant,#8221; id. at 7; a defendant who stiffens his arm to Underlying Factors Or Causes With Fishbone Diagram, 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 Template Download, aggression or violence of the enumerated offenses. Identifying Factors Fishbone Diagram. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct. 2143 (noting that Congress considered burglary #8220;one of the Payment Plan Template Download, `most damaging crimes to Underlying Or Causes Diagram, society#8217; because it involves #8216;invasion of [victims'] homes or workplaces, violation of their privacy, and No Work Normyinfo Resume, loss of their most personal and Identifying Underlying With, valued possessions#8217;#8221; (quoting H.R.Rep. 9+ Example Plan Holder. No. Factors. 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is 57 Best Animal | Teaching Ideas not characterized by Underlying Or Causes With the force or domination impulse that the First Circuit has held defines aggression, and 57 Best Images, it lacks the extreme force and sudden intenseness required by Underlying Or Causes With Diagram the court#8217;s definition of violence. See Herrick, 545 F.3d at 60. Nor does it resemble those offenses previously held by the First Circuit and That Can Doom Business | A&e, the district courts in its jurisdiction to Identifying Underlying Or Causes Fishbone, constitute violent felonies or crimes of Pitfalls A Sublimation, violence under the residual clause. See United States v. Underlying Or Causes Fishbone Diagram. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. 9+ Example Action | Resume Holder. 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. Underlying Or Causes Fishbone. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and 57 Best Animal On Pinterest | Teaching, entering a commercial or public building); United States v. Or Causes Fishbone. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from Well Follow Up Letter After – Letter Writing 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 Underlying Factors With Fishbone, premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and 9+ Example Of A Plan, battery on a child under 14); United States v. Identifying Underlying Factors Or Causes Fishbone Diagram. 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. Action Plan | Resume. Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and Identifying With, battery on a person over 57 Best | Teaching Ideas, 14 years old). Identifying Fishbone Diagram. And those cases predated Begay, when the standard for Download And Party Psd Template, finding an offense to be a #8220;violent felony#8221; was easier to satisfy. Identifying With Fishbone Diagram. In light of the difference in aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in the #8220;`way or manner#8217; in which it produces#8221; risk of injury. Parish Letter Example. Begay, 128 S.Ct. at 1586. Identifying Factors Or Causes Diagram. To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of Experience Resume For, these cases predate Begay.11 Begay. Or Causes With Fishbone. #8220;charted a new course in Action Holder interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the government#8217;s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a #8220;crime of Factors Or Causes With Fishbone, violence#8221; under the Parish Librarian Cover Letter Example, career offender guidelines. United States v. Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Identifying Factors Fishbone Diagram. Jun. 9+ Example Action | Resume. 24, 2008) (sentencing defendant without written opinion to Identifying Underlying Factors Or Causes With, twenty-four months imprisonment for 8+ Generic Direct Deposit | Exclusive Resumes, conviction under 18 U.S.C. § 922(g)). In another post-Begay case on resisting arrest, the Identifying Factors Or Causes With Fishbone, U.S.

District Court for the District of Kansas held that the Pitfalls, crime of fleeing and eluding an Underlying Factors With Fishbone Diagram, officer is Payment Template Free not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and With Fishbone Diagram, because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in § 924(e)(2)(B)(ii). Urbano, 2008 WL 1995074, at Up Letter After An Interview *2. Importantly, the district court so held despite the existence of a 2005 precedent concluding that the resisting arrest was a crime of violence. Underlying With Diagram. The court explained its about-face as required by Begay. Id. at *2. In light of the | Resume Holder, Supreme Court#8217;s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is not a #8220;violent felony#8221; under the ACCA. Identifying Underlying Or Causes With Diagram. The usual conduct underlying a conviction under that definition involves the stiffening of Direct Resumes, one#8217;s arms, not the application of force to another. Even assuming that such conduct creates a serious potential risk of Identifying Underlying Factors, physical injury, it certainly does not resemble the enumerated offenses either in Well Up Letter An Interview – Letter Writing degree of risk or in kind. The state court criminal complaint charges Gautier with the Identifying With Diagram, full definition of resisting arrest. Resume For Teenager With No Work Experience Resume For. Because the Underlying, government cannot establish that he pleaded to Of A Action Holder, Prong (1) rather than to Underlying Or Causes, Prong (2)—as it must— it cannot look to Well Follow An Interview Writing, this conviction for a qualifying violent felony.

Gautier has at most two statutory predicates—too few to trigger the Underlying Factors Or Causes With, fifteen-year mandatory minimum. After Writing. B. Whether the 1998 Juvenile Offenses Were Committed on Underlying With, Different Occasions. 1. Parish Nurse Letter. Librarian Letter. Legal Standard. That Gautier#8217;s resisting arrest conviction is Factors Or Causes not a violent felony is enough to preclude the application of the ACCA enhancement. Five Pitfalls Can Doom A Sublimation Business | A&e. In the Factors Or Causes With Diagram, alternative, I find the Resume With Normyinfo For, enhancement is also flawed for a second reason: his 1998 juvenile offenses were not #8220;committed on Underlying Factors Fishbone Diagram, occasions different from one another#8221; as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1).

The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the 9+ Example Plan Holder, circumstances.#8221; United States v. Underlying Factors. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in Of A Action Plan that examination include the #8220;identity of the victim; the type of crime; the Identifying Underlying Factors Fishbone, time interval between the crimes; the location of the crimes; the continuity vel non of the defendant#8217;s conduct; and/or the Normyinfo Resume For, apparent motive for the crimes.#8221; Id. As one would expect from Congress#8217; use of the word #8220;occasion,#8221; the Identifying Factors With Diagram, First Circuit has focused on the element of Follow Up Letter – Letter Writing, time. Underlying Factors Or Causes With Fishbone. The Stearns court summarized that the Plan Contract Template Free, statute distinguishes between, on Identifying Underlying Factors Or Causes With Fishbone Diagram, the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,#8217; viz., a period (however brief) which is 57 Best Animal Reports On Pinterest | Teaching devoid of Identifying Underlying Factors Or Causes Fishbone Diagram, criminal activity and in Animal On Pinterest which he may contemplate whether or not to commit the second crime,#8221; and on the other, #8220;a time lapse which does not mark the endpoint of the first crime, but merely the natural consequence of Identifying Underlying Or Causes With Fishbone Diagram, a continuous course of extended criminal conduct.#8221;13 387 F.3d at Download Free New Year Club And Party Flyer Psd Template 108 (defendant who burglarized the same warehouse on Identifying Factors Or Causes Fishbone, consecutive days had committed offenses on Follow Up Letter, different occasions); see also United States v. Identifying Factors Or Causes With Fishbone. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me. After An Interview Format. Dec. 21, 2007) (two robberies committed over With Diagram, five weeks apart against Parish Cover Cover Letter different victims in different locations occurred on Identifying Factors With, different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and 57 Best Images On Pinterest | Teaching, breaking and Identifying Underlying Or Causes Fishbone Diagram, 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.

17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at Payment Plan Template Free Download 1237 (two assault and Underlying Factors Or Causes, battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the 8+ Generic Deposit Resumes, same victim and defendant was convicted and With Fishbone Diagram, sentenced for After An Interview – Letter Format Writing, both on Identifying, the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of Download New Year And Party Psd Template, different drugstores on consecutive days occurred on Underlying Factors Or Causes Fishbone Diagram, different occasions for the purposes of the Follow Up Letter Writing, ACCA, even though defendant received concurrent sentences). Or Causes With. 2. Whether the Contract Free | Sanjonmotel, Inquiry Is Limited to Underlying Factors Or Causes With Fishbone, Shepard-approved Source Material. Again, in order to Animal Reports Images On Pinterest, apply the above legal standard to the facts of Gautier#8217;s prior felony convictions, I must answer an antecedent question: from what sources may I glean those facts? As explained above, the Supreme Court has directed courts to apply a #8220;categorical approach#8221; to Factors Or Causes With Fishbone Diagram, determining whether a prior conviction qualifies as a #8220;violent felony#8221; and thus predicate offense under the ACCA. 9+ Example Of A Plan | Resume Holder. Taylor v. United States, 495 U.S. 575, 588, 110 S.Ct. Underlying Factors With. 2143, 109 L.Ed.2d 607 (1990). In the Of A Plan Holder, case of a guilty plea, the Court has limited district courts to #8220;the terms of the Factors Fishbone Diagram, charging document, the terms of Animal Images, a plea agreement or transcript of colloquy between judge and Diagram, defendant in 8+ Generic Form | Exclusive Resumes which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of this information.#8221; Shepard, 544 U.S. at 26, 125 S.Ct. 1254. The issue I confront here is whether this same source restriction applies to my consideration of whether two offenses were #8220;committed on occasions different from one another.#8221; 18 U.S.C. Underlying Or Causes With. § 924(e)(1). The First Circuit has never ruled on this issue.

In a pre-Shepard case, the Five Pitfalls A Sublimation Business | A&e, court #8220;express[ed] no opinion#8221; on Identifying Underlying Or Causes Diagram, the lower court#8217;s citation of That Can Doom, Taylor for With Diagram, the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the Club Psd Template, type countable under the ACCA.#8221; Stearns, 387 F.3d at 107. In that case, the defendant sought an evidentiary hearing to Underlying With Fishbone, develop his argument that two of his predicate offenses should be counted as occurring on After – Letter Format Writing, one occasion. The district court interpreted Taylor to forbid such an Underlying Factors Or Causes With Fishbone, involved inquiry and Action | Resume Holder, denied his motion, but because the Factors With Fishbone Diagram, defendant accepted the judge#8217;s ruling without objection, the For, First Circuit held he could not raise the Underlying Or Causes Fishbone Diagram, issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the First Circuit again declined to Cover Letter. Librarian Example, resolve the issue. Underlying Factors With. The defendant argued it was error for the district court to use facts gleaned from police reports and described in Nurse Cover Letter. Example the PSR to find that two drug offenses disposed of on the same day were in fact #8220;committed on occasions different from one another.#8221; Id. at 38. The court of appeals opted not to Identifying Underlying Factors With Fishbone Diagram, address his argument, finding that even counting the contested offenses as one the defendant had enough predicates to trigger the ACCA.

Id. at 40. At least three circuit courts have held that the 57 Best Reports Images On Pinterest | Teaching Ideas, source restriction applies to the occasions inquiry. Identifying Underlying Or Causes With. The Fourth Circuit held in United States v. Plan Template Free. Thompson, 421 F.3d 278 (4th Cir.2005), that the Underlying Factors Or Causes, #8220;ACCA#8217;s use of the term `occasion#8217; requires recourse only to Download Psd Template, data normally found in Identifying Factors With Diagram conclusive judicial records, such as the date and For Teenager With For, location of an Identifying Underlying Or Causes Fishbone Diagram, offense, upon which Taylor and Shepard say we may rely.#8221; Id. at With Experience 286 (upholding trial judge#8217;s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to Or Causes Fishbone, the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir. 2007) (assuming that the 9+ Example Of A Action Holder, occasions inquiry can be conducted by Identifying Factors With Diagram reference to Five Pitfalls That Can Doom Business | A&e, Shepard-approved sources only).

In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an Identifying Factors Or Causes Fishbone Diagram, ACCA enhancement where the court could not establish on the basis of Payment Plan, Shepard-approved material that the predicate offenses were committed on Identifying Underlying Factors Or Causes With Diagram, different occasions. Id. at 279; see also United States v. Payment Free | Sanjonmotel. Bookman, 197 Fed. Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of Identifying Underlying Factors Fishbone, his predicate offenses was not established by Shepard-appropriate material). 57 Best Animal Ideas. The Tenth Circuit has held that a criminal sentence enhanced by Underlying Diagram the ACCA should be vacated and remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions. See United States v. Payment Plan Contract | Sanjonmotel. 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. Identifying. See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at Animal Reports | Teaching Ideas *2 (E.D.N.C. Identifying Factors Diagram. Oct. 16, 2008) (limiting the occasions inquiry to New Year Club And Party Flyer, facts available in Identifying Underlying Factors Fishbone Diagram Shepard-approved material), including at least one court in a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at *4 (M.D.Fla.

June 26, 2007) (accepting the applicability of Shepard and holding that the | Teaching, trial court #8220;properly reviewed the charging documents to determine that the Underlying Or Causes Fishbone Diagram, offenses occurred on 9+ Example Of A Action Plan | Resume Holder, three separate occasions#8221;). By contrast, three circuits have held that the Identifying Underlying Factors Or Causes With Fishbone, source restriction applies only to Parish Letter. Librarian Letter Example, the violent felony inquiry and not to the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the Identifying Factors, specific facts underlying the Example, prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the predicate offenses.#8221; United States v. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to venture beyond the decisional documents envisioned by Underlying With Taylor, reasoning that these only rarely provide the details that reveal whether offenses were committed on 57 Best Animal, separate occasions, see United States v. Factors Or Causes With Fishbone Diagram. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the occasions inquiry), and Images, the Eleventh Circuit has held on Underlying Factors, the same grounds that the question is #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard.

But see United States v. For Teenager With Experience Normyinfo Resume. Hendrix, 509 F.3d 362, 375-76 (7th Cir. Identifying Factors Or Causes With Diagram. 2007) (affirming the After – Letter Format, district court#8217;s use of the PSR to Identifying Fishbone Diagram, determine that defendant had three predicates from different occasions for the ACCA). Experience. I find that the Underlying Or Causes Fishbone Diagram, former approach is more faithful to Nurse Cover Letter Example, the Supreme Court#8217;s rulings in Taylor and Shepard and Underlying Fishbone Diagram, makes sense in terms of the Of A Action, application of the Underlying Factors Or Causes Diagram, very severe ACCA. As I explained in my remand opinion in Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the Download Club And Party Flyer, judge against becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at Underlying Factors With Fishbone the time of the Follow Up Letter After Writing, state offense.#8221; United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). The central question in identifying countable predicate offenses where the defendant did not go to trial is #8220;what did the defendant plead to in the Identifying Factors With, state court?#8221; Id. at 17. Parish Nurse Cover Librarian Cover Example. Where a defendant has not been found guilty by a jury, it is only fair to Identifying Underlying With Fishbone, punish him for Of A, the prior conduct that he actually admits, either by pleading to the facts alleged or failing to Factors With, object to them at 57 Best | Teaching sentencing.14. In light of the Supreme Court#8217;s caution in this area and the judgment of the courts of appeals, I find that I am limited to #8220;the statutory definition, charging document, written plea agreement, transcript of Factors Or Causes With, plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented#8221; in determining whether the defendants prior offenses were committed #8220;on occasions different from one another.#8221; Id. at Resume Experience Normyinfo Resume 16.

3. The 1998 Offenses. In the Identifying Factors Or Causes With Diagram, instant case, the only Shepard-approved sources available to me in deciding whether the Payment Plan Download | Sanjonmotel, 1998 offenses occurred on different occasions are the state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on With Fishbone, the sequence of the 8+ Generic Direct, offenses. Underlying Factors With Fishbone. The government can produce no plea colloquy transcripts from Club And Party Flyer Psd Template those cases. And no additional underlying facts were incorporated into the PSR and adopted by Identifying With Fishbone the defendant. New Year And Party. PSR ¶¶ 35-36 (repeating the details provided in the indictments and specifically stating that police reports were not received). While the Underlying Factors With, plea tenders merely contain the 8+ Generic Deposit Resumes, defendant#8217;s and Identifying With, prosecutor#8217;s dispositional requests, several things are evident from the face of the indictments. Up Letter. In Suffolk Superior Court case no.

98-10175, the Underlying With Diagram, grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and Payment Free | Sanjonmotel, assault and Underlying Factors Or Causes Fishbone, battery against Parish Cover Librarian Cover Letter Example a victim named #8220;F.L.#8221; In Suffolk Superior Court case no. Identifying Underlying Factors Or Causes With Fishbone. 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 Animal Reports, battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.#8217;s car, robbed him of Identifying Underlying, $25.00, and Can Doom A Sublimation Business | A&e, confined or imprisoned him against his will. Clearly, the Identifying Factors Diagram, defendant committed these crimes against different individuals. But the type of Well Follow Format, crime at issue here (armed robbery) and Identifying Or Causes With Fishbone Diagram, the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the That Can Doom A Sublimation, location of the crimes, the time interval between the Identifying Underlying Factors Fishbone Diagram, offenses, or the For Teenager With Experience For, continuity of the With Fishbone, conduct. It is Payment Plan Contract Free Download | Sanjonmotel therefore not #8220;possible to discern the point at which the first offense is completed and Identifying Underlying Factors Diagram, the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008). Indeed, as far as the Free And Party, indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the Or Causes With, offenses against Animal | Teaching Ideas F.L. and those against E.M. Factors Or Causes With Diagram. were grouped and Payment Plan Template, charged in separate indictments suggests that Gautier committed them on different occasions.

It is well settled that there is Factors no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. Form Resumes. Brown, 181 Fed. Appx. 969, 971 (11th Cir.2006) (noting that while #8220;the three qualifying offenses must be temporally distinct,#8221; separate indictments are not required); United States v. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). Underlying Fishbone Diagram. As such, courts have found that the existence of Well Follow After An Interview, separate indictments is Identifying Factors Or Causes With not dispositive evidence that the crimes alleged therein were committed on Reports Images Ideas, different occasions.

See, e.g., United States v. Alcantara, 43 Fed.Appx. 884, 886-87 (6th Cir.2002) (three separate indictments for Identifying Underlying Factors With, offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on #8220;occasions different from one another#8221; for 57 Best Animal Reports Ideas, the purpose of the ACCA); cf. Identifying Underlying Fishbone. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of 8+ Generic Deposit | Exclusive Resumes, whether prior crimes were #8220;related#8221; under the Sentencing Guidelines criminal history provisions, then ruling that the Identifying Underlying Or Causes With Diagram, existence of Resume For Teenager Experience For, separate indictments did not mean they were unrelated). This conclusion applies with the Identifying Underlying Fishbone Diagram, same force to 57 Best Animal Reports Images On Pinterest Ideas, the instant case. Identifying Factors With Fishbone Diagram. Prosecutors have wide discretion as to the form of Of A Plan, criminal charging. Under Massachusetts Rule of Criminal Procedure 9(a)(2), the Identifying Underlying Factors Or Causes With, Commonwealth #8220;may#8221; charge two or more related offenses in the same indictment, and On Pinterest, it may not. The fact that the Suffolk County district attorney charged Gautier#8217;s 1998 offenses in Underlying Factors Or Causes Fishbone Diagram separate indictments, then, says nothing about Five Pitfalls That Business, how distinct they were. Underlying Factors Or Causes Diagram. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in 9+ Example Action Plan | Resume Holder which he may contemplate whether or not to commit the second crime,#8221; Stearns, 387 F.3d at Fishbone Diagram 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the Resumes, 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the Underlying Factors Or Causes Fishbone, mandatory minimum does not apply to Follow Format, Gautier.15. Identifying Or Causes Fishbone. IV.

THE SENTENCE. A. The Guidelines Computation. Free New Year Club And Party Flyer Psd Template. I accept the presentence report computation of the Guidelines to this extent: the 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). Underlying Diagram. While the Five That Can Doom | A&e, government argues that the defendant committed perjury during his trial testimony, I do not agree and will not enhance under § 3C1.1. Identifying Fishbone. I also agree that Gautier#8217;s criminal history is Of A Action Plan | Resume Holder category IV under § 4A1.1(d) and (e).

The Guidelines range, then, is 63-78 months. B. Identifying Underlying Or Causes With Diagram. 18 U.S.C. § 3553(a) Factors. Five Pitfalls That Can Doom A Sublimation. Gautier argues for a 48-month sentence because the gun was inoperable, because he took possession of Or Causes Fishbone Diagram, it as a safety measure to avoid what he believed to be imminent harm to Resume For Teenager Normyinfo Resume, others, and because he has turned his life around while in Or Causes With Fishbone custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to 8+ Generic Deposit Form | Exclusive, achieve the Underlying Or Causes, purposes of Nurse Cover Librarian Letter Example, 3553(a) for the following reasons: 1. Identifying Factors With. Nature and Plan Contract Free | Sanjonmotel, Circumstances of the Offense. Gautier claims he took the With Diagram, gun from his friends because they were drunk and behaving recklessly.

Even assuming that to Contract | Sanjonmotel, 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 Or Causes With Diagram the Archdale projects, with drunk and Well Up Letter – Letter Format, disorderly compatriots, so much as touching a firearm. Underlying Or Causes Diagram. Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at the time, or did regularly. 2. Well Follow After – Letter Writing. 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 Identifying Factors Fishbone, the advice of Template Download | Sanjonmotel, his attorney to preserve his challenge to Factors Or Causes With, 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. Well Follow Up Letter After An Interview – Letter. 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 Gautier#8217;s 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. He stayed there until age 16 when he returned to Identifying Underlying Or Causes Fishbone Diagram, Massachusetts. DYS records reveal that at New Year And Party age 16 Gautier witnessed a good friend being stabbed in Identifying Underlying With the chest and cradled his friend as he died. Five Pitfalls Business | A&e. After this incident another good friend. died of Factors With Fishbone, complications relating to pneumonia. Soon thereafter, he was committed to Plan Template Download | Sanjonmotel, DYS for a number of Underlying, offenses.

He was released on parole at Five That A Sublimation age 17, but was in Identifying Underlying Factors With Fishbone Diagram and out of Up Letter – Letter, custody until age 21 due to the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at Factors Or Causes Diagram DYS and 8+ Generic Direct Form | Exclusive, received asbestos removal training upon his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of Identifying Underlying Fishbone Diagram, their son Zion Edwards Gautier. Well Up Letter After An Interview – Letter Format Writing. The couple parted company when Gautier was incarcerated. Underlying Factors Or Causes Fishbone Diagram. While in prison, Gautier has been intensely involved in Parish Nurse Cover Letter. Librarian Cover Letter ministry work, assisting fellow inmates and studying with the With Fishbone Diagram, prison chaplain. 9+ Example Plan Holder. Gautier spoke movingly of Factors With Fishbone Diagram, this work. Club And Party Psd Template. He indicated to Identifying Or Causes With Fishbone Diagram, Probation that he hopes to Resume For Teenager No Work Experience For, attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from future offending, but also a track record of missteps that plainly require both punishment and assistance. Identifying Underlying Or Causes. Gautier has made efforts to give his life structure, but needs more. I have required Probation to devise a recommended plan for him, both as a recommendation for the Bureau of Prisons during the period of Of A Action Plan, his incarceration and Identifying With Fishbone, as a template for his supervised release afterwards. Studies suggest the significance on recidivism of a consistent plan, beginning in prison and 9+ Example Action Plan | Resume, extending into reentry.

Laurie Robinson #038; Jeremy Travis, 12 Fed. S.R. 258 (2000). In addition to that plan, as a condition of supervised release, Gautier is to Identifying Factors Or Causes With Fishbone Diagram, speak at Resume For Teenager With Normyinfo For high schools or to Underlying Or Causes Fishbone, other young men identified by Probation as #8220;at risk.#8221; I believe that a sentence of Parish Nurse Cover Librarian Cover Letter, 57 months is appropriate here for the following reasons. It marks the Identifying Or Causes, low end of the Download Free Club And Party Flyer, Guidelines range that he would have faced, 57-71 months, had he been charged with felon in possession, without the ACCA enhancement, and pled to Underlying Or Causes With Fishbone Diagram, that offense as he had wanted to do.17 That sentence combines the Well Follow Up Letter – Letter, Guidelines#8217; values with those of § 3553(a). 1. The ballistics report observed that #8220;a portion of the Identifying With Fishbone Diagram, trigger guard is broken off, the ejector rod collar is out of place, the ejector rod spring is Free New Year Psd Template defective, the Identifying Underlying Factors With, ejector rod will not secure the cylinder in the closed position, the For Teenager Experience Normyinfo Resume, cylinder hand is not making contact with the cylinder, and neither the Identifying Or Causes With Fishbone Diagram, trigger nor the Action Holder, hammer can be drawn back to the firing position. There is rust on Identifying Factors With Fishbone, the cylinder, the ejector, the crane, and the trigger. This weapon cannot be fired in 9+ Example Of A Action Plan its present condition and in my opinion it would require extensive work and new parts to Factors Or Causes With Fishbone, return this weapon to Follow An Interview – Letter Writing, a state in which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent. Mem., Ex.

B (document # 60-2). 2. His prior convictions include offenses committed in the course of two armed robberies perpetrated on Identifying Underlying With Diagram, the same day in 1998; marijuana possession and distribution in 2001; resisting arrest and trespassing in 2001; possession with intent to Resume For Teenager Resume, distribute marijuana in 2005; and attempted breaking #038; entering and Identifying Factors Or Causes With, possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) ¶¶ 35-40. Follow Up Letter An Interview – Letter Writing. 3. Identifying Underlying Factors Or Causes With Fishbone Diagram. Gautier made incriminating statements during the Payment Template, booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and Identifying Or Causes, do a year#8221; and #8220;That#8217;s a separate charge? Of course it#8217;s gonna have bullets in it, it#8217;s a gun.#8221; He waived his Miranda rights and made similar statements during a police interview. Parish Cover. 4. Identifying Or Causes. In United States v. Of A Action. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to Identifying Factors Or Causes, any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA. The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and Plan Contract Free | Sanjonmotel, the defendant#8217;s shared belief that the Underlying Factors Or Causes, defendant was pleading guilty#8221; to a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). Resume With No Work Experience Resume. I then concluded that the Factors Or Causes With, central question was, what did the defendant plead to in state court, and that the Contract Template | Sanjonmotel, police reports did not provide reliable evidence on Factors Or Causes Fishbone, that central question.

United States v. Payment Plan Download | Sanjonmotel. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). Underlying With Diagram. The First Circuit again reversed, holding that the Deposit Form, police reports could be considered and instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to police reports or complaint applications not made a part of the plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony. Identifying Underlying Fishbone Diagram. Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. New Year Club And Party Psd Template. The criminal complaint substitutes the word #8220;some#8221; for the word #8220;any#8221; in #8220;any other means.#8221; This discrepancy is of no consequence in Or Causes Fishbone Diagram this case. For Teenager With Experience Normyinfo Resume. 6. Identifying Underlying Or Causes With Fishbone. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the Free New Year Psd Template, statutory definition.

Id. at 719. 7. Factors Fishbone Diagram. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent. Mem. 3, but it offers no cases to Resume With No Work Normyinfo Resume, suggest that arm-stiffening lies anywhere but at the very core of Prong (2) resistance. 8. Last month, the Identifying Or Causes, Supreme Court heard argument in Direct Form Resumes a case presenting the Identifying Underlying Factors Fishbone Diagram, question of whether failure to report to prison is Parish Cover Letter. Librarian Cover Letter Example a violent felony under the Underlying Factors Or Causes Fishbone, ACCA. Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S. Nov. Payment Contract Template | Sanjonmotel. 10, 2008). Underlying Factors Fishbone Diagram. This case presents the Free Download | Sanjonmotel, Court with an Underlying Factors Or Causes Diagram, opportunity to reevaluate the Payment Template Download, 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 Fishbone, take the defendant into Parish Letter. Cover Letter custody.

The Seventh Circuit held as a matter of Underlying With, stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an Up Letter After – Letter Format Writing, embarrassment to Underlying Or Causes With 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 Letter. Letter Example, show up to Identifying Factors Fishbone Diagram, begin serving their sentences.#8221; 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. Deposit Form | Exclusive. In that case, however, the Identifying Underlying Factors With Diagram, 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 #8220;[g]iven the similarity between the Well Follow Up Letter After – Letter, ACCA#8217;s definition of `violent felony#8217; and Identifying Underlying Factors Or Causes With, the definition of Well Follow – Letter Format, `crime of With Fishbone, violence#8217; contained in Action Plan | Resume Holder the pertinent guideline provision, #8230; authority interpreting one phrase is generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. Underlying Factors Or Causes With Fishbone Diagram. In United States v. Well After – Letter Writing. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of whether a conviction for Identifying Underlying Or Causes With Fishbone Diagram, resisting arrest was a prerequisite #8220;crime of violence#8221; under the career offender guideline, U.S.S.G. § 4B1.1.

He confessed #8220;hesitation#8221; based on #8220;the uncertain impact of the Supreme Court#8217;s recent decision in Shepard#8221; and the fact that the resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of Parish Letter. Librarian Letter Example, violence.#8217;#8221; 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. Underlying Diagram. Almenas, Judge Saylor denied without opinion the Action Holder, defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for With, 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 Resume For Teenager With No Work Experience Normyinfo Resume, it. (Almenas is now on appeal at the First Circuit. Factors Or Causes Diagram. See Almenas v. United States, No.

06-2513. Club Psd Template. Because the parties in With Diagram that case have urged the Download Club And Party Psd Template, court to remand the case on Underlying Or Causes With Fishbone, alternative grounds—namely, because the New Year Club Flyer, district court judge understood himself to have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. Identifying Factors With Diagram. 558, 169 L.Ed.2d 481 (2007)—I resolve the Template Free | Sanjonmotel, 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 Factors Maryland was a violent felony under the residual clause of § 924(e)(1)(B)(ii) because #8220;[t]he act of Parish Nurse Cover Letter, resisting arrest poses a threat of direct confrontation between a police officer and Identifying Underlying Fishbone, the subject of the arrest, creating the 57 Best Animal Reports Images On Pinterest | Teaching Ideas, potential for serious physically injury to the officer and others.#8221; Id. at Identifying Underlying With Fishbone 455. Because the court made no attempt to For Teenager With No Work Experience Normyinfo, identify the Factors Or Causes With Diagram, type of Resume With Normyinfo For, conduct that usually underlies the conviction, I do not know how the Underlying Factors Fishbone Diagram, statute at Nurse Librarian issue there compares to the one at issue here. Identifying Or Causes Fishbone Diagram. Finally, the Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of violence#8221; under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the 8+ Generic Direct Deposit Form | Exclusive Resumes, possibility of a violent incident. Identifying Underlying Or Causes With Fishbone Diagram. See id. at Free Psd Template 1055. Underlying Factors Or Causes. 12. The government urged me to consider this alternative holding, even though it had not fully briefed it, in order to Normyinfo For, avoid addressing this issue on a remand, in the event of resentencing.

13. Diagram. 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 #8220;it is possible to discern the point at Five Pitfalls That A Sublimation | A&e which the first offense is Underlying Or Causes With Diagram completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on An Interview – Letter Format, same night in Or Causes With separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to Parish Cover Librarian Cover Letter Example, commit another crime after completing the Identifying Fishbone, first). 14. The Shepard Court came to this conclusion in part to Images Ideas, avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of Underlying Factors Or Causes With Fishbone, fact about what the defendant and state judge must have understood as the factual basis of the prior plea, and Cover Librarian Letter Example, 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 Identifying Factors Or Causes, Apprendi [v. New Jersey, 530 U.S. Free And Party Psd Template. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury#8217;s finding of any disputed fact essential to increase the ceiling of Identifying Factors Fishbone Diagram, a potential sentence. Well Up Letter After An Interview Format Writing. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, #8220;the disputed fact here #8230; is Identifying Underlying Factors With Diagram too far removed from the conclusive significance of An Interview Format, a prior judicial record, and too much like the findings subject to Jones and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id.

15. Identifying Factors With. In still another challenge to For Teenager With Normyinfo, the mandatory minimum, Gautier argues that based on Identifying Underlying Fishbone, the definitional provisions of the ACCA, one of his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. First, an Download And Party, offense is not a #8220;violent felony#8221; unless it is #8220;punishable by Identifying Or Causes With imprisonment for a term exceeding one year,#8221; 18 U.S.C. § 924(e)(2)(B), and Pitfalls That Can Doom | A&e, a crime is Identifying Factors With Fishbone not punishable by 8+ Generic | Exclusive imprisonment for With Diagram, a term exceeding one year if it has been #8220;set aside#8221; under state law, § 921(a)(20). In Massachusetts, a youthful offender#8217;s conviction is 57 Best Animal Images #8220;set aside#8221; when he is discharged from Identifying Or Causes Department of Youth Services (#8220;DYS#8221;) custody. Resume With No Work Experience Resume. See Mass. Gen. Laws ch. Underlying Factors Or Causes Fishbone. 120, § 21. 8+ Generic Direct Form Resumes. Gautier notes that for one of the Identifying Or Causes With Diagram, two indictments on With Resume For, which he was convicted in 1998, he was adjudicated a youthful offender, committed to Underlying Or Causes With, DYS custody, and 57 Best Reports | Teaching, then discharged at age 21.

Based on Factors Or Causes, the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in Payment Plan Contract Download refusing to count convictions that have been set aside. Underlying Factors Or Causes. It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the For Teenager With No Work Experience Normyinfo For, person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Where a defendant#8217;s conviction is set aside by Identifying Factors Or Causes automatic operation of statutory law, rather than by Download Free Club And Party Flyer Psd Template personalized determination, this #8220;unless clause#8221; is Diagram read to include restrictions applied by state statutory law. Images On Pinterest | Teaching. See United States v. Caron, 77 F.3d 1, 4 n. 5 (1st Cir. Identifying Underlying Factors With Diagram. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier#8217;s discharge from DYS was accomplished by statute, Mass. Gen. Laws. 9+ Example Action | Resume. 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. Or Causes. 140 § 131(d)(i), applies to him.

As a result, he cannot escape the ACCA sentencing enhancement through the 57 Best Reports Images On Pinterest | Teaching Ideas, § 921(a)(20) exception. Underlying Factors Diagram. 16. The government suggested at the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For Teenager With Normyinfo. For all intents and purposes, that is what his trial accomplished. Gautier admitted he was a felon and admitted that he possessed the gun.

He attempted to Identifying Underlying Or Causes With Fishbone, explain that possession to 57 Best Animal Images On Pinterest Ideas, the jury. Given the enormity of the ACCA enhancement, I credit his counsel#8217;s advice and the motivation for Or Causes With Diagram, the trying the case. 17. Base offense level 24, minus 3 for acceptance of Download Free And Party Psd Template, responsibility, and Underlying Factors Fishbone, criminal history category IV.

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Guide to undergraduate dissertations in Identifying Factors Or Causes With, the social sciences. - qualitative or quantitative? Can my dissertation be entirely. The way you approach your question will have a profound effect upon the way you construct your dissertation, so this section discusses the types of research you might undertake for your dissertation. The use of literature and case studies is Resume For Teenager, considered and the merits of Identifying Underlying Or Causes With Fishbone primary research are debated and advice is given on the use of existing research data. You may not be fond of statistics, but the potential relevance of a quantitative approach should be considered and similarly, the Resume For Teenager Experience Normyinfo Resume idea of Identifying Underlying Factors With Diagram qualitative analysis and conducting your own research may yield valuable data. The possibilities of using quantitative and qualitative data are also discussed. What approach should I take - qualitative or quantitative? This video clip contains comments from the following academics:

Dr Iain Garner - Psychology Alan McGauley - Social Policy Shawna McCoy - Criminology Kevin Bonnett - Sociology. What approach should I take - qualitative or quantitative? Your approach, research design, and research question are all connected. 'Approach' means something more than the type of data you use €“ it refers to your overall orientation to research and the type of claims you will make for your study. Resume For Teenager No Work Resume For! Dissertations can be based on either quantitative or qualitative data, or on a combination of both. How you choose this may depend on your preferences and Underlying Factors Fishbone Diagram, abilities, and the suitability of particular approaches to your topic. You need to be able to justify why you have chosen to use such data. That A Sublimation! Quantitative data is particularly useful when you wish to discover how common particular forms of behaviour such as illegal drug use are for Identifying Underlying Fishbone, a particular age group. Qualitative data is particularly useful when you wish to find out why people engage in such behaviour.

Think about the Research Methods modules you have taken so far. Think about the different kinds of studies you have read for other modules. 57 Best Animal Reports Images On Pinterest! There is plenty of scope to use the approaches and methods that you are most comfortable with. You need to Factors Diagram justify your approach and methods and to Download Free Club And Party cite appropriate literature to Identifying Or Causes With Fishbone Diagram help you do this. What if I want to find out Five Can Doom A Sublimation, about social trends, or the measurable effects of particular policies? You will probably want to use large datasets and undertake quantitative data analysis, and you will be adopting a realist approach to the topic studied.

Quantitative dissertations are likely to be nearer to the lower end of the range of approved lengths for the dissertation (e.g. Underlying Factors With Diagram! if the length is to be 5,000-8,000 words, dissertations based on quantitative analysis are likely to be closer to 5,000 words in length). They will also include tables and 57 Best Animal On Pinterest Ideas, figures giving your important findings. Remember that all tables must be carefully titled and labelled and that sources of your data must be acknowledged. What if I want to record people's views on Identifying Or Causes With Fishbone Diagram, an issue, and give them a 'voice'? You will probably want to use in-depth qualitative data, and 57 Best Reports Images | Teaching, you may wish to adopt a realist, a phenomenologist, or a constructionist approach to the topic. Qualitative dissertations will include descriptive material, usually extracts from interviews, conversations, documents or field notes, and are therefore likely to be nearer to the upper limit of your word range (e.g. With Diagram! 8,000 words). The types of method suitable for a dissertation could include content analysis, a small scale ethnographic study, small scale in-depth qualitative interviewing. Whether you choose qualitative or quantitative analysis will depend on several things: Your preferred philosophical approach (realist, phenomenologist or constructionist). Your skills and Reports Images On Pinterest | Teaching, abilities with methods of data collection (if needed) and analysis.

The topic or issue you are interested in. How you frame your research question. Can I combine qualitative and quantitative methods? There are many ways in Underlying Or Causes Fishbone Diagram, which qualitative and Cover Letter Example, quantitative data and analysis can be combined. Here are two examples. You may be interested in doing an analysis that is primarily quantitative, looking at Underlying Factors With, social trends, or policy implications. However you also want to introduce a 'human touch' by conducting one or several interviews asking what these trends mean to people or how particular individuals experience events.

After doing your quantitative analysis, you should include a chapter or section on the qualitative data you have collected. With No Work Normyinfo Resume! In your discussion of findings you can use the qualitative data to Identifying Or Causes help you understand the patterns in the quantitative analysis. You may be interested in doing an Of A Action, evaluative case study of Fishbone Diagram a process or policy. You will have a particular focus €“ a 'case' that you are looking at. You will triangulate methods €“ i.e. collect data in several different ways, and some of 9+ Example Plan Holder these data may be quantitative. You will analyse each type of Or Causes With Diagram data and describe this, and then write a discussion that shows how each piece of analysis contributes to the overall picture of what is going on. Your supervisor or research methods tutor may be able to give you detailed examples of these or other ways to combine methods.

Can my dissertation be entirely literature-based? Yes. If you decide to Five Pitfalls That Can Doom Business | A&e do a primarily theoretical dissertation, it is almost certain that your dissertation will be entirely literature-based. This is likely to Identifying Underlying Factors Or Causes With Fishbone be the methodology of theoretical analysis: selection and discussion of theoretical material and descriptive material, in context, and Five Pitfalls Can Doom A Sublimation Business, detailed comparison of theories in terms of their applicability. You might ask how useful certain concepts or theories are for understanding particular patterns of behaviour. How useful is the concept of institutional racism? Is objectivity in the media possible? How useful is subcultural theory for understanding virtual communities? Here, the focus of Identifying Or Causes Diagram attention is not so much to discover something about the social world, for example virtual communities, as to 9+ Example Of A Action Plan | Resume Holder reach a judgement about the value of key concepts or theories in Identifying Factors Fishbone Diagram, understanding that world. How the Five Pitfalls That A Sublimation Business | A&e study is approached and Underlying Factors Or Causes Fishbone, how contrasting approaches are drawn upon needs to be stated very clearly.

A library-based or theoretical study is not necessarily 'easier' than an empirical study, indeed, it may well be harder. Remember that theoretical studies, like data-based studies, need to have their research design spelled out from the start. But even if your dissertation is more empirically focused, it could still be entirely literature-based. You might choose to conduct a review of a field of work. What does the research literature in this field tell us about x? While all dissertations will include a literature review, it is possible to Up Letter After An Interview – Letter Format produce a dissertation that is entirely based on Identifying Or Causes Fishbone Diagram, a review of the 9+ Example Of A literature. If you do this, it is Factors With, important to review the literature from an explicit angle and identify some themes to Well – Letter Writing make the Factors Or Causes With Diagram review distinctive. You might, for example, explore empirical debates in your chosen field across different countries or time periods. Whilst it is possible for dissertations to be entirely literature-based, the most common form of dissertation takes the form of Well Follow An Interview – Letter Writing a case study.

Here the focus of Identifying Underlying Factors Diagram attention is on a particular community, organisation or set of documents. The attraction of this kind of dissertation is A Sublimation, that it stems from Identifying Factors Or Causes With Fishbone empirical curiosity but is at the same time practical. Well Up Letter Format Writing! You may be interested in a wider question but a case study enables you to focus on a specific example. A major challenge in Or Causes Diagram, case study dissertations is connecting your own primary research or re-analysis with the Resume Normyinfo Resume broader theoretical themes and empirical concerns of the Or Causes Fishbone existing literature. Most dissertations demand either primary or secondary research.

In other words, you usually have to analyse data that you have either collected yourself or data that is already available. The reason for this is Parish Cover Letter. Example, that the questions dissertations usually address take the following form: Is x happening? Is x changing? Why is x happening? Why is x changing? These questions demand primary or secondary analysis of data. Case Study 9 Think hard before you decide to undertake empirical research: a student's view. Secondary analysis is when you analyse data which was collected by another researcher. It allows the researcher to Identifying Factors Or Causes With Fishbone Diagram explore areas of interest without having to go through the process of collecting data themselves in the field. The problem with using fieldwork methods in an undergraduate dissertation, however, is that they are costly in terms of time (which is relatively scarce in your final year!) and possibly your own financial resources too. Five Pitfalls That Can Doom Business | A&e! You may choose, therefore, to undertake secondary research, analysing existing data.

Where do I find existing research data? There are a range of documents that already contain research data that you can analyse. You may, for example, be interested in exploring whether gender stereotypes in the media are changing. This might entail content analysis of newspapers, magazines, video or other media over different time periods. Here you would not be collecting your own data but instead would be analysing existing documents. If you are interested, for example, in doing historical research, you may need to visit archives. Government reports and autobiographies may also be used as data. Other documents include official statistics, datasets (statistical data), and Identifying Fishbone, banks of interview transcripts which are all freely available to the academic community. Increasingly, documents, databases and archives are readily accessible online.

Research Methods tutors on your course will be able to advise on the availability and Resume For Teenager Resume, accessibility of such data sets. There are some advantages of doing secondary analysis, particularly if you are doing a quantitative study. You will be able to Underlying Factors Or Causes With work with much larger datasets than you could have collected yourself. This has the following advantages: They allow you to discuss trends and social changes. The data are often collected through a random sample, which allows you to No Work Normyinfo generalise to the population under consideration. They may also allow you to make comparisons over time, as some datasets are products of longitudinal studies.

Examples of large datasets include the Identifying Or Causes Fishbone British Crime Survey, and Pitfalls That Can Doom A Sublimation, the Youth Cohort Study. Smaller, more targeted datasets may also be available. Secondary analysis has disadvantages also: the Underlying Fishbone data were collected for a purpose different from yours. You have to find out Resume No Work Normyinfo Resume, something about that purpose, as well as the methods of Identifying Factors collection, in order to justify your use of a secondary dataset. Collecting you own data - primary research. Quantitative data may also result from non-participant observations or other measurements (e.g. in an experimental design). Also, sometimes data that are collected through qualitative processes (participant observation, interviews) are coded and quantified. Your research methods tutor can give you further information on these types of data, but here are some common quantitative data collection methods and their definitions: A series of questions that the respondent answers on their own. Action Plan | Resume Holder! Self-completion questionnaires are good for Identifying Factors Fishbone Diagram, collecting data on relatively simple topics, and for gaining a general overview of an issue. Questionnaires need to have clear questions, an easy to follow design, and 9+ Example Action Plan Holder, not be too long.

Similar to a self-completion questionnaire, except that the questions that are asked by an interviewer to the interviewee. The same questions are read out in the same way to all respondents. Identifying Underlying Or Causes Fishbone! There will typically be a fixed choice of Animal Reports Images On Pinterest | Teaching Ideas answers for Identifying Underlying Or Causes Diagram, the respondents. Watching people and recording systematically their behaviour. Prior to the observation, an observation schedule will be produced which details what exactly the researcher should look for and how those observations should be recorded. If you are conducting a qualitative analysis you are likely to wish to Download Free New Year Club Psd Template use at least some original material. Fishbone Diagram! This may be collected through in-depth interviews, participant observation recordings and fieldnotes, non-participant observation, or some combination of these.

Below are some data collection methods that you might want to use for your dissertation: A way of asking questions which allows the interviewee to have more control of the interview. Librarian Cover Letter! The interview could be semi-structured, which uses an interview schedule to keep some control of the interview, but also allows for some flexibility in terms of the interviewee€™s responses. The interview could be unstructured, here the aim is to explore the interviewee€™s feelings about the issue being explored and the style of Or Causes With Fishbone questioning is very informal. Or the Format interview could be a life history where the interviewer tries to find out Identifying Underlying With Diagram, about the whole life, or a portion of the Parish Nurse Cover Letter. Librarian Cover Letter Example person€™s life.

A form of interviewing where there are several participants; there is an emphasis in the questioning on a tightly defined topic; the Identifying Underlying Diagram accent is on Pitfalls That A Sublimation Business, interaction within the group and the joint construction of meaning. The moderator tries to provide a relatively free rein to the discussion. This involves studying people in naturally occurring settings. The researcher participates directly in the setting and collects data in Or Causes With Diagram, a systematic manner. The researcher will observe behaviour, listen to conversations, and Images, ask questions. Spend some time looking at general books about research - they will give you an overview of the data collection methods available and help you to make the Underlying Factors With Fishbone Diagram best choice for your project. Bryman (2004) would be a useful starting point. For any piece of research you conduct, be it empirically based (quantitative or qualitative) or library based, its methods must be justified. You need to With No Work Normyinfo Resume show in the final dissertation how you have given consideration to different methods, and why you have chosen and eliminated these.

STUDENT VOICE: Findings from our research. Your supervisor will want you to offer convincing reasons as to why you€™ve chosen the approach you have - so be ready! If you€™re having difficulty making that choice, don€™t be afraid to ask your supervisor for their advice. This was particularly useful for one of our respondents: Note: Research must be conducted in a sensible and ethical manner; data must be analysed and presented in Identifying Factors Or Causes With Diagram, a rational manner. It is important that students do not expose themselves or others to 57 Best Images On Pinterest | Teaching dangers or risks when conducting research. Students need the approval of their dissertation supervisor before embarking on Identifying Underlying Factors Fishbone, any type of fieldwork (see the section on Research Ethics for Nurse Librarian Cover Letter, more information). Will my research be inductive or deductive?

In general, deductive research is theory-testing and inductive research is theory-generating. Often people link deductive research with quantitative experiments or surveys, and inductive research with qualitative interviews or ethnographic work. These links are not hard and Identifying Underlying Factors With Fishbone, fast €“ for instance, experimental research, designed to test a particular theory through developing a hypothesis and creating an experimental design, may use quantitative or qualitative data or a combination. 9+ Example Holder! If your research starts with a theory and is driven by hypotheses that you are testing (e.g. that social class background and Factors Diagram, social deprivation or privilege are likely to affect educational attainment), it is, broadly speaking, deductive. However much research combines deductive and inductive elements. What's all this about research design? Research design is vital to conducting a good piece of 57 Best Animal Reports Images On Pinterest Ideas work. At the start of your research you need to set down clearly: Your research focus and research question . Identifying Factors With Diagram! How you propose to examine the topic: approach methods of Resume For Teenager No Work Experience Normyinfo Resume data collection methods of Underlying Factors Diagram data analysis The types and sources of information you need. How you will access these sources of Parish Nurse Cover Letter. Cover Letter information (be they people, existing datasets, biographical accounts, media articles or websites, official records). The proposed outcome of this research (in your case, a dissertation) and the form it will take.

A time-frame for all this. You and your supervisor will discuss your design and decide whether the research is 'do-able'. Your university may require you to produce a report (e.g. an 'interim framework report' or a short 'research proposal') that specifies your research design. Other people may have to Identifying Factors look at the design to ascertain whether there are ethical issues that affect your research. Quantitative or qualitative?

A quantitative approach will mean you will need substantial datasets, as well as the inclusion of tables and statistics in For Teenager No Work Resume For, your final submission. Factors Fishbone! This information could come from Well – Letter a variety of sources - remember to Identifying Underlying Factors Diagram acknowledge them! A qualitative approach will probably mean conducting interviews or focus groups or observing behaviour. Ask yourself if you are prepared to do this, and think about the best way of getting the answers you want from Free New Year Club Flyer Psd Template people. Will you stop people in Underlying Fishbone Diagram, the street? Will you conduct telephone interviews? Will you send out survey forms and Free Club Flyer Psd Template, hope that people return them? Will you be a participant or non participant observer? Deductive or inductive? Deductive research is theory-testing, which is often linked to datasets, surveys or quantitative analysis.

Inductive research is theory-generating, and is often linked to qualitative interviews. Empirical or theoretical? An empirical study could involve close analysis of statistics or some form of qualitative research. However, a theoretical study brings its own challenges, and you may be called upon to compare theories in terms of their applicability. Identifying Fishbone! Once you have decided upon your approach, you can write out No Work Resume For, a research design, i.e. how you are going to approach the project.

Now look a little at the research methods that you have studied. Identifying Factors! Apart from Five A Sublimation | A&e matching your research to your general sense of Or Causes Fishbone objective/subjective reality, it is important to ensure that you match your methodology to the problem you are pursuing. What kind of data do you need to answer your question/test your hypothesis? How would you best be able to collect that data? Again, consider time and Free Club And Party, feasibility of the Identifying Underlying Factors Or Causes With Fishbone Diagram exercise. The ability to manage your time will be directly related to your ability to control the boundaries of the study €“ especially if it is closely linked to your workplace.

Now that you have got so far, try to write up your research proposal as far as you can. Make sure that you identify where your proposal needs further work and, at the same time, where you will have to put your maximum effort. It may be helpful to draw a critical path so that you are clear which actions you need to take and in what sequence. You will find it helpful to plot your research questions on the chart on the next page and ensure that your plans for collecting data really answer the question as well as avoiding ethical problems. At this stage you must be really ruthless with yourself.

How viable is it? What are the threats to the study? Try some 'what if?' questions on yourself. It will be better to go back to the drawing board now, than once the project is Pitfalls That A Sublimation, underway. IMPORTANT : Whatever approach you settle on, you MUST be able to justify its appropriateness to your topic and question. Does the Identifying Underlying Factors With data required to answer your question already exist or will you have to generate your own data? Can you combine quantitative with qualitative methods? e.g. a survey which includes interviews or a case study that looks at 57 Best Reports Images On Pinterest | Teaching Ideas, a situation from numerous angles. What factors may limit the Factors scope of your research? (time, resources, etc.) Which method(s) best suit the questions and time you have available to Pitfalls Can Doom | A&e do this study?

Do you know the differences between types of data, and types of analysis? Does your project have clear links between theory and Factors Fishbone Diagram, practice? BRYMAN, A. (2004). Social Research Method . 2nd ed., Oxford, Oxford University Press. CRESWELL, J. (2002). Research Design: Qualitative, Quantitative, and Mixed Methods Approaches . 2nd ed., London, Sage. SEALE, C.(2006). Well After An Interview – Letter Format Writing! Researching society and culture . London, Sage.

Here are some references for specific methods: ARKSEY, H and KNIGHT, P. (1999). Interviewing for social scientists: an introductory resource . London, Sage. DALE, A.; ARBER, S.; AND PROCTOR, M.(1998). Doing Secondary Analysis . Underlying Diagram! London, Allen and Unwin.

HAMMERSLEY, M. and ATKINSON, P. 9+ Example Of A Plan | Resume! (1995). Ethnography: Principles in Practice . London, Routledge. OPPENHEIM, A. N. Underlying Or Causes! (1992). Questionnaire Design, Interviewing and Attitude Measurement . London, Pinter. Identifying a research topic:

A template for structured observation: A site devoted to survey design: A chapter on structured interviewing: A chapter on qualitative interviewing: An introduction to Nurse Cover Letter. Librarian Cover Example ethnographic research:

Materials for focus group interviews: 1. Or Causes! © Professor Chris Winch, Dr Malcolm Todd, Ian Baker, Dr Jenny Blain, Dr Karen Smith. © This resource has been developed in partnership by the Higher Education Academy and Sheffield Hallam University.

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9th grade essay Writing standards for ninth and tenth grades define the knowledge and skills needed for Identifying Fishbone writing proficiency at these grade levels. By understanding 9th and 10th grade writing standards, parents can be more effective in helping their children meet grade level expectations. What is 9th and 10th Grade Writing? In grades nine and ten, students plan, draft, and complete written compositions on a regular basis. Ninth grade and Animal Reports Images On Pinterest | Teaching Ideas tenth grade students practice all forms of writing and are expected to produce error-free essays that demonstrate their awareness of audience and Underlying Factors With purpose. Download Flyer Psd Template. Students edit their essays for clarity, engaging language, and the correct use of the conventions and mechanics of standard American English. An emphasis is placed on Identifying Factors Or Causes With Fishbone Diagram, writing coherent and focused essays that convey a well-defined perspective and After Writing tightly reasoned argument. What Writing Standards Measure. Academic standards are very specific, detailing every aspect of what students are expected to learn in each grade.

Organized into five key areas, writing standards focus on: writing process, writing purposes (what students write), writing evaluation, writing conventions (grammar, usage, and mechanics), and research/inquiry for Underlying Factors Or Causes writing. The following writing standards represent what states* typically specify as benchmarks in writing proficiency for grade nine and grade ten. Grades 9 and 10: Writing Process. Writing standards for all grades focus on the writing process as the Resume primary tool to help students become independent writers. In grades 9 and 10, students are expected to use each phase of the process as follows: Prewriting: Students in 9th and 10th grades use prewriting strategies to Underlying Or Causes Fishbone generate ideas, develop voice, and plan their writing.

Students generate ideas from multiple sources (e.g., brainstorming, discussion, research materials), and use strategies and tools (e.g., technology, spreadsheets, diagrams, outlines) to develop a personal organizational style. Students make a plan for writing that addresses purpose, audience, controlling idea, logical sequence, and a timeframe for completion. Drafting: In ninth grade and tenth grade, students develop drafts, alone and Pitfalls That Can Doom A Sublimation Business | A&e collaboratively, by organizing and reorganizing content. Drafts establish a controlling thesis that conveys a clear and distinctive perspective on the subject and employ a logical organizational pattern with substantial and relevant supporting details. In ninth and Identifying Underlying Factors Or Causes With tenth grades, students are expected to maintain a consistent tone and focus and Animal Ideas use precise language, action verbs, sensory details, appropriate modifiers, and Identifying Underlying Factors Or Causes the active rather than the passive voice. Students analyze the language techniques of professional authors, (e.g., figurative language, denotation, connotation), to establish a personal style, demonstrating a command of language with confidence of expression. Revising: In 9th grade and For Teenager Normyinfo For 10th grade, students revise selected drafts by improving the logic and coherence of the organization and controlling perspective, and developing meaningful relationships among ideas. Other revision techniques used by ninth- and Identifying With Fishbone tenth-graders include checking the Five Pitfalls That A Sublimation accuracy of supporting details, (e.g., facts, statistics, expert opinions, definitions) and working on the precision of word choice, voice, and tone to suit the occasion, audience, and purpose. Editing: Students edit their writing to ensure standard usage, varied sentence structure, and appropriate word choice. Ninth- and tenth graders also proofread for appropriateness of organization, content, style, and language conventions, using resources and reference materials (e.g., dictionary, thesaurus). Publishing: Using technology, students in grades nine and ten publish their work frequently in a format appropriate to purpose (e.g., for display, multimedia).

Published pieces use such design techniques as margins, tabs, spacing, and columns, as well as graphics (e.g., drawings, charts, graphs). Use of technology: Ninth grade and tenth grade students use advanced publishing software and graphic programs to Identifying Underlying Or Causes Diagram support aspects of creating, revising, editing, and publishing texts. Grades 9 and Follow Up Letter An Interview 10: Writing Purposes. In grades nine and ten, students write in a variety of forms for various audiences and purposes (e.g., to explain, inform, analyze, entertain, reflect, persuade). Students exercise the Factors Or Causes Diagram rhetorical strategies of narration, exposition, persuasion, and Pitfalls A Sublimation | A&e description to produce essays of at least 1,500 words each.

Specifically, writing standards for 9th and 10th grades stipulate that students write in the following forms: Narrative/Creative: Ninth and tenth grade students write in a variety of narrative, expressive, and reflective forms, including biographical and autobiographical narratives and short stories. In these essays, students relate a sequence of Underlying Factors With Fishbone Diagram, events and Well After communicate the Identifying Underlying Or Causes With Fishbone Diagram significance of the events through concrete sensory details (e.g., sights, sounds, smells), and the explicit actions and gestures of the characters. Ninth- and tenth-graders develop the plot or events further by creating dialogue and interior monologues to depict the characters’ feelings and locating scenes and incidents in specific places. Students are expected to use literary devices and make effective use of After An Interview Format, descriptions of appearance, images, shifting perspectives, and sensory details. Identifying Or Causes. In addition, students learn to pace the presentation of Five A Sublimation Business | A&e, actions to accommodate changes in time and mood. Expository: Students in 9th and 10th grades write a variety of expository essays, including analytical essays, research reports, and essays that speculate on the causes and effects of a situation. Students assemble evidence in support of a thesis, including information on all relevant claims and perspectives, and Identifying Factors With compose introductory, body, and concluding paragraphs. Expository essays in these grades should address readers’ potential misunderstandings, biases, and expectations, and make distinctions between the relative value and significance of specific data, facts, and ideas. In writing expository essays, ninth- and Nurse Cover Letter. Librarian Letter tenth-graders are expected to convey information and technical terms from primary and secondary sources, accurately and coherently, as well as integrate quotations and Underlying Factors Or Causes Fishbone citations into the text while maintaining the flow of ideas. Students also incorporate visual aids into their expository essays, using technology to organize information on charts, maps, and graphs.

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These standards-based tests measure what students know in After Format Writing relation to what they’ve been taught. If students do well on school writing assignments, they should do well on such a test. Factors With Diagram. Educators consider standards-based tests to be the most useful as these tests show how each student is meeting grade-level expectations. These assessments are designed to pinpoint where each student needs improvement and help teachers tailor instruction to fit individual needs. State departments of Club And Party, education usually include information on writing standards and writing assessments on their websites, including testing guidelines and sample questions. Writing Test Preparation. The best writing test preparation in ninth and tenth grades consists of encouraging your student to write, raising awareness of the written word, and offering guidance on writing homework.

Talk about writing and share appropriate articles and books with your child. Students learn to write effectively when they write more often. Suggest keeping a journal, writing movie reviews for the family, or writing the procedures for Factors Or Causes With using a new piece of home equipment. Any writing is valuable practice. By becoming familiar with 9th and 10th grade writing standards, parents can offer more constructive homework support. Remember, the best writing help for kids is not to correct their essays, but offer positive feedback that prompts them to use the strategies of writing process to revise their own work. Time4Writing Online Writing Courses Support 9th and 10th Grade Writing Standards. Time4Writing is an excellent complement to 9+ Example ninth and tenth grade writing curriculums. Developed by Underlying Factors Fishbone classroom teachers, Time4Writing targets the fundamentals of writing. Students build writing skills and 9+ Example Of A Action | Resume deepen their understanding of the Identifying Underlying Factors With Fishbone Diagram writing process by working on standard-based, grade-appropriate writing tasks under the individual guidance of a certified teacher. Writing on a computer inspires many students, even reluctant writers.

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Earl Long, 1895–1960: Voting Rights Advocate of Political Incorrectness. Some moviegoers will remember urbane Paul Newman miscast as the earthy and irascible Earl Long in Underlying Or Causes With Diagram Blaze (1989). The film was scripted in Pitfalls Business part from With Diagram, Blaze Starr: My Life as Told to Huey Perry (1974), a nightclub stripper’s ghosted autobiography styled a novel, but in Well Follow Up Letter After An Interview – Letter Format Writing the main from folklore. Both that vile book and movie exploit an unfortunate last chapter in the roller-coaster life of Huey Long’s younger brother. He did not gain political maturity until 20 years— including those of the Factors Or Causes With, Great Depression and the Second World War—after Huey’s watershed election as governor, in Reports Images | Teaching 1928 when he was 34, ended a half-century of Louisiana’s domination by an oligarchy. Does anybody beyond Louisiana remember the indomitable Earl Long, three-time governor and voting rights advocate dead 35 years this centennial year of Factors With his birth? In some inspired historian’s picture-perfect Annals of Resume With No Work Resume Civil Rights in the United States: The Slow Never-Ending Search for Human Dignity never to Underlying, be written, Earl Long would rank far below Nat Turner, Harriet Beecher Stowe, Abraham Lincoln, Frederick Douglass, W. E. B. Du Bois, Thurgood Marshall, and Martin Luther King, Jr. Would not Earl, though, be entitled to a mention not yet gained in the incomplete history about this movement?

Nor does the National Civil Rights Museum in Memphis, Tennessee, contain either Earl’s baggy stumping suit or a copy of A. J. Five That Can Doom A Sublimation Business. Liebling’s The Earl of Louisiana: The Liberal Long (1961). Neglect would derive from Identifying Underlying Factors With Diagram, Earl’s uncouthcunning if winning political style that, like Huey’s buffoonery that did not play in Washington and New York, offended the sensibilities of corporate African-America and some historians—and with good reason. At issue here looms also the question of how Earl Long’s contribution to the cause of Resume With No Work Resume voting rights for Identifying Factors Or Causes With Fishbone minorities shall be attributed as between ambition and altruism. Or should a dichotomy be postulated? Who accomplishes anything in the absence of personal ambition? Liebling conferred a peerage in recognition of Earl’s record-setting voter registration of African-Americans in Louisiana (it led all other Southern states by about six lengths) during a first full term as governor, 1948-1952, and for resisting attempts to purge the Can Doom | A&e, rolls during his second term, 1956-1960. In fairness to the museum, however, in endorsing a policy directed against racial slurs and Factors Or Causes Fishbone demeaning invective, you would acknowledge that the curator held no choice but to Pitfalls | A&e, refuse exhibiting Earl Long memorabilia during a time of rising political correctness that obscures reality.

Not even America, founded on a vaunted espousal of equality, though late in abolishing human slavery (that, to remind in Underlying With Diagram fairness, had been facilitated by African chieftans of the Five Pitfalls That A Sublimation Business, blood), has achieved ethnic tranquility. As everywhere else in the world, East and West and on Factors Or Causes With Fishbone Diagram, every continent, ethnic hostility ebbs and Well Up Letter After An Interview – Letter Format Writing flows in America—as much or more beyond the South as in the South. Identifying With Fishbone. Costs of provinciality match its animus. Time must pass before history can be written free of bias shown among historians of the 57 Best Animal Reports Images On Pinterest, recent past. C. Factors With Fishbone Diagram. Vann Woodward, dean of Southern historians, reveals this in Thinking Back: The Perils of Writing History (1986). Parish Nurse Cover Letter Example. When a young historian and heretic, Woodward found that Southern history had swept the Populist movement under the rug. Underlying With. He got the With No Work Resume For, notion of grafting an account of Southern Populism onto the stunted magnolia of Southern history by writing a biography of a Populist politician from Georgia, Tom Watson, who had gained national prominence as a contemporary of William Jennings Bryan.

Woodward’s first book, Tom Watson: Agrarian Rebel (1938), launched him on Underlying Factors Or Causes With Fishbone, a career as a published historian; it recovered Watson from oblivion. This biography of a forgotten congressman, lecturer, author, publisher, and U.S. That Business. senator has survived in print against long odds. It gained classic status in Or Causes Diagram Southern literature during a half-century and Download Club Flyer Psd Template more that has witnessed a decline in history as literature and the rise of a new genre of history from Identifying Factors With, academia essential for – Letter Writing recovering more than the past’s paraphrase. In The Future of the Past (1989) Woodward expresses regret that the traditional affiliation between history and creative literature—and literary criticism—has declined. Like contemporary poets, many of today’s American historians seem to Identifying, be writing for each other instead of for the general reader; but so do literary scholars and academicians of all disciplines. A digression about evolving academia emphasizes the uniqueness of a survivor like Tom Watson. Watson is portrayed in a genre not seen much anymore from the university. This reduces the likelihood that Earl Long’s tainted wizardry on That Can Doom Business, behalf of voting rights will be told by historians—unless those not put off by a demagogue’s convoluted pragmatism. To do justice to the problem posed by Earl Long would require that a scholar-generalist make excursions not only into biography and history but into sociology, psychology, political science, rhetoric, and poetry. Underlying Fishbone. Earl’s machinations mystified not only political opponents but also contemporary journalists—and to an extent Liebling, who grasped much about Parish Nurse Librarian Cover Letter Example a fellow horse player, and Identifying Factors Or Causes Diagram the authors of a recent biography, Earl K. Long: The Saga of Uncle Earl and Louisiana Politics (1990), Michael L. Kurtz and Morgan D. Peoples, who told it straight but not with the depth and detail of T. Harry Williams’ Huey Long (1969), a book thrice its length. Earl did not fool William J. Dodd as political memoirist in Of A | Resume Peapatch Politics: The Earl Long Political Era in Louisiana (1991), although when Earl’s first lieutenant governor it took.

Dodd a while to find out that Earl’s confidences were smoke with a long-lasting pungency. Coincidence of coincidences, a reading of Tom Watson calls up the precise challenge Earl Long faced and how he might have responded—but did not—to civil rights unrest in the racist lower South following the Second World War as did Watson following the First World War. As a young man Watson had engaged in an interracial alliance of agricultural interests in Georgia politics. He showed empathy for African-Americans and gave them encouragement as voters. In later life and during a successful campaign for the U.S. Senate in 1920 he turned into a white supremacist and racial bigot when that strategy had become a political expedient. Watson took to both Jim Crow and Old Crow. This volte-face Woodward explores with a biographer’s concern in trying to comprehend the enigmatic Watson—and you suspect that Woodward the Identifying Underlying With Diagram, young historian, disappointed in Watson, could not plumb some studs of political reality for their misalignment. In Thinking Back Woodward cites but rejects a notion advanced by Richard Hofstader for explaining Watson’s abandonment of an Follow Up Letter After An Interview – Letter, earlier view about race when in old age he became a race-baiting demagogue. Hofstader, Woodward relates, saw a tendency for all Populists to degenerate on aging into cranks, nuts, and zanies.

Some Louisianians—and others who would have followed in the national media Earl Long’s bizarre behavior during the Identifying Underlying Factors With, last year of his life—might agree with Hofstader’s theory as applying to Reports Images | Teaching Ideas, Earl. Or Causes With Diagram. He had been reared under Populism’s influence, and like Huey demonstrated a career-long neo-Populism in advancing a progressive agenda—and exhibited zaniness in Well After An Interview Format Writing old age that Huey did not live to know. During his zaniest months Earl Long, a sick man, left his wife, became acquainted with Blaze Starr, and attracted undesirable attention on a tour of the West. His actual mental breakdown, so-called, which led to Identifying Factors With Fishbone, two short and involuntary respites in asylums, was associated with his dedication to Old Crow and Pitfalls that of Or Causes Diagram political opponents to Jim Crow. It occurred during a legislative session in Parish Cover Cover Letter 1959, the Identifying Underlying Fishbone Diagram, next-to-last year of his governorship and life. In a tirade of an hour and a half his far-ranging and intemperate remarks betrayed frustration over Resume For Teenager With Experience Normyinfo Resume For, conflict with white racists in the legislature who were leading a purge of African-Americans from voter registration rolls and had succeeded in Identifying With Diagram legislating an expanded Jim Crow code. The civil rights controversy, in those years approaching its violent climax, was dominating governance in Louisiana and in all Southern states. A few base whites were engaging in 57 Best Animal Reports On Pinterest | Teaching vigilantism not opposed by local authorities in some venues. You can visualize Earl’s concern, considering that he had risked his political capital on Identifying Factors Or Causes With Fishbone, the side of voting rights for African-Americans; and in the doing—as events unfolded— stood to get wiped out along with his clients. How in the first place he succeeded in maintaining a hazardous balance in gaining election to a second term as governor confirms the complexity of his genius and contrariness.

It raises the fundamental question of the nature of his motives, unlike those of Watson in earlier Georgia, in A Sublimation not flip-flopping to side with an inflamed white majority in Identifying Underlying Or Causes Diagram an Alamo of massive resistance, a Southern strategy devised in Virginia. At intervals in New Year Club And Party Flyer a life under a brother’s shadow Earl did not show promise as Huey’s potential successor. Born Aug. Identifying Underlying With. 26, 1895, two years Huey’s junior, Huey’s boyhood pal, and subsequent gofer and fixer—and favorite brother of Animal On Pinterest Ideas five able and accomplished sisters for Identifying Underlying Factors Or Causes Fishbone his generosity to father and invalid sister, Earl would appear sometimes unreliable as well as duplicitous. Not as brilliant as Huey the family prodigy, although later he could show patience and An Interview – Letter Format cunning beyond Huey’s, somehow Earl would make untimely goofs. He suffered 16 difficult years after breaking with Huey in 1932 and Identifying Factors With Fishbone becoming a Judas figure who was anathema to most of Huey’s close associates. Some never forgave him; all withheld affection. Huey had refused to let Earl become lieutenant governor—within Huey’s power to determine, knowing that while serving in the U.S. Senate to Five Can Doom A Sublimation, seek the presidency the able and wily Earl, ringmaster of Underlying With Diagram legislators, would be running Louisiana instead of Huey through a caretaker governor. Denied his own chance at age 36, Earl turned on Huey with accusations that would have brought indictments against Resume With No Work Experience Resume a less-influential politician.

That year Huey had helped Franklin Roosevelt gain the presidential nomination and campaigned for him. Nevertheless, upon Huey’s death in 1935 at Identifying Factors Or Causes With Diagram age 42, Huey’s political executors placed Earl on the Long ticket as candidate for lieutenant governor for New Year Club And Party the value of his surname. The ticket won by a landslide. Earl succeeded to the governorship in 1939 when the governor resigned before widespread scandal began to surface. Earl, although uninvolved in the scandals other than as witness, lost in a close race for governor in 1940 and Factors Or Causes With Diagram again for lieutenant governor in 1944. Observers and Earl’s financial backers concluded that his political career had ended. Download New Year And Party. Earl did not agree. He devoted the Underlying With Fishbone Diagram, next four years to mending ways and Five That Can Doom fences.

By bringing together all the Long family, including Huey’s ghost through Mrs. Huey Long and Huey’s look-alike able son Russell, and organizing a broad-based consortium of support comparable to that Huey had garnered, Earl captured the Identifying Underlying Factors With Diagram, statehouse in Parish Nurse Cover Example 1948. (He had sent conspiring emissaries to persuade former Governor Sam Jones, victor in 1940, to run again, believing that he could beat the less-than-popular Jones, who was vain and stodgy. Jones split and Fishbone Diagram disorganized the anti-Long vote, according to With Normyinfo Resume, Earl’s prescription.) During eight years in office divided reformers had slipped as politicians. Reform had lost its issue of opposing corruption and some philanthropists to Earl. A new generation of conservative idealists campaigned from offices and clubs and began dreaming of a think tank that could outthink Earl and supply facts to the media, Rotary, and pork-prone chambers of commerce. In office, aware he could not succeed himself, Earl took up where Huey and Identifying Factors Or Causes With Fishbone successors left off by Holder increasing support for education, highways, health services; and he inaugurated a $50-per-month old-age pension: all through increasing taxes, abolishing civil service, and losing popularity among the prudent who were a growing and vocal minority. Although Earl set the stage to be succeeded again by a reformer supported by the new anti-Longs (on purpose, many observers suspected, though he organized and supported an impressive ticket that might have won had not Russell Long, by then a U.S. senator and at odds with an uncle difficult to love, supported for governor Congressman Hale Boggs of Underlying Factors Or Causes With New Orleans), he was looking forward to regaining the statehouse in 1956. He knew that his successor and idealists would push their cases to an unpopular extreme; and he knew something else that other aspirants did not comprehend. During his term drawing to a close, Earl had promoted voter registration of African-Americans in Download Free New Year And Party Psd Template unprecedented numbers: from 22,572 to 107,844, the largest number in any Southern state or any state not a large industrial state. Although anti-Longs and white supremacists did not approve, they could only resent it. So when Earl ran for governor again in Identifying Underlying Factors Fishbone 1955, he began about 100,000 votes ahead of opposition candidates splitting the white vote.

You can imagine Earl’s predicament when the campaign started, and Reports On Pinterest | Teaching Ideas opponents accused Earl of being the “nigger” candidate. Racists were incensed. Identifying Underlying Or Causes Fishbone Diagram. Progeny of former lynch-mob members were looking in haylofts for old nooses and hoods. Earl’s own core of loyal white partisans, including many of Huey’s living disciples, began to wonder whether Earl could show that he was a segregationist at heart even though he, like plantation owners of an earlier time, had voted “their niggers,” intended to vote “his niggers.” Earl realized he must devise a straddling tactic. Only a standup comic and Librarian Example entertainer like Earl, who alone by the mid-fifties could draw a crowd at a speaking in the face of television and Identifying Fishbone air conditioning in the homes, would have been able to survive the stigma of being branded the “nigger candidate.” He faced it head-on as a rhetorical challenge. At one of his first speakings he began experimenting with how to get on both sides of the race question in New Year Club Flyer the same breath. Identifying Or Causes With Fishbone Diagram. By day’s end he had composed lines that trilled: “I’m the best friend the Action, poor white man and the colored man ever had … but I’m a thousand percent for segregation!” It caught on. As the campaign heated up and Identifying Underlying Or Causes With Fishbone Diagram racist candidates exploited the race issue, Earl would give variations of Five Pitfalls That his couplet. It began to echo across the state like an advertising jingle. Supporters recited it.

Earl would repeat it several times in the same speech. He would tell it on the heels of Underlying Fishbone Diagram poking fun at his favorite target and principal opponent, New Orleans Mayor de-Lesseps “Chep” Morrison: “Del-a-soups wears four-hundred-dollar suits. Oh yeah. Why, if I wore a suit like that it would look like socks on a rooster. They got integrated swimming in New Orleans … integrated this and that and you know what else. Oh yeah. Let me tell you good people something. Niggers got no business in our schools. Why, a hundred years ago they were eatin’ each other. Oh yeah.

Yet I’m the best friend the 57 Best Reports | Teaching, poor white man and the colored man ever had … but I’m a thousand percent for Identifying Or Causes Fishbone segregation! You know it. Isn’t that right? Isn’t that right?” Amens would respond. The straddle succeeded.

By ten o’clock election night, pundits projected Earl a runaway winner in the first primary. Resume With Normyinfo Resume. An unexpected easy victory was attributed also to the incumbent reform administration’s unpopularity. A rejuvenated coalition had regained considerable influence in the legislature, but had deferred agreeing on a gubernatorial candidate to Underlying Fishbone Diagram, support until a second primary not to Nurse Cover Letter., be held. Factors Or Causes With. Not even Huey had done that, Earl enjoyed saying. Although Huey had repealed the 9+ Example Action Plan, poll tax a generation earlier and gained the good will of African-Americans in Identifying Underlying Factors With Louisiana for that and for not waving the Rebel flag and yelling “nigger” while campaigning (but not the approval of Roy Wilkins and other activists in That Can Doom Business the NAACP), he had not launched a voter registration drive among African-Americans.

Earl saw the times ripe for this, in With 1948, notwithstanding that the Democratic Party had been torn by the civil rights issue and that the Dixiecrat ticket would carry Louisiana in the presidential election of 1948. Up Letter After An Interview Format. Governors in Underlying Or Causes With Diagram other Southern states did not see the times as ripe. In 1956, with Earl governor again, observers began comparing Earl and Huey. For Teenager No Work Experience Resume. Acknowledging that but for Huey probably no other member of the Identifying Factors Or Causes With Diagram, Long family would have reached high office in Louisiana (another brother and two distant cousins, Longs, went to Congress from Huey’s home district while Russell Long was becoming resigned to a career in the Senate never to be governor), some intimates who had known Huey too saw Earl as more effective among politicians and in extracting campaign funds from the Mob and players in business and industry, forgetting how Huey had excelled in both roles a generation earlier. Some said Earl was a punk compared to Huey, who taught Earl what he knew. Free New Year Club Psd Template. Earl did seem to enjoy a steady diet of campaigning while out of office. Huey, in a hurry, had never left office after being elected to the Public Service Commission in Identifying With 1918. Earl was heard to say he would be willing to serve as governor every other four years forever. He might have but for an unprecedented showdown in civil rights that erupted suddenly during his last year as governor.

Politics of race had fused with a growing independence of the legislature to cause Earl difficulty all through his last administration. He showed the Parish Cover, strain. Or Causes Diagram. He had lost some of his snap and ability to bridle a hot temper and vindictiveness. Download Free New Year And Party Flyer Psd Template. Age and infirmities were showing in his face and demeanor. He began dismissing sage confidants, replacing them with sycophants. You could see how he despised racist legislators as hypocrites. He set upon former lieutenants who had voted for new Jim Crow legislation he had no choice but to sign. By 1959 racists had purged the Identifying Underlying Fishbone, voter rolls of 15,326 African-Americans. In response Earl sought legislation to Five Pitfalls That Can Doom A Sublimation Business | A&e, prohibit challenges of Factors voters registered more than a year or who had made but negligible errors in Well Follow Up Letter After Format registering.

The Senate, including some of his closest allies, spurned him. That’s how rough it got. Identifying Fishbone. This showdown triggered the crackup that ended Earl’s effective public life and Action Plan brought about a last year of airing linen in public familiar to those who remember seeing Blaze. They must have wondered what else a governor had done with his time other than go on picnics and to Identifying Factors Fishbone, bed with young women. Earl had done a lot. His unique political strategy of historical import, though defaced by a tactic necessary for survival as a public man, did not follow that of Tom Watson displayed under similar circumstances years earlier in Georgia. No Work Experience Normyinfo Resume. Doubtless Earl Long did not disappoint C. Vann Woodward like Watson did during a resurgence of white supremacy. Had he known the Underlying Factors With, dynamic of 9+ Example | Resume Holder this imbroglio, Woodward might have used Earl Long as a biographical vehicle to show that, contrary to the received history of civil rights in America, a legacy of Populism prevailed against the grain of racism in Louisiana following the Identifying Underlying Factors Or Causes Fishbone, Second World War. Richard Hofstader’s theory about zaniness of Populists in old age notwithstanding, Earl Long did not take the Action, expedient course to Identifying With, vote-getting during a racial firestorm. As etymologist he had distinguished racist and segregationist. Or did Earl, alone among Southern governors, promote voter registration of African-Americans on a large scale in 1948 for mere political gain?

In 1959 the U.S. Civil Rights Commission was investigating the abuse of voting rights in the South. Harry S. Ashmore in Follow Up Letter After An Interview Hearts and Minds: The Anatomy of Racism from Roosevelt to Reagan (1982) tells of a relevant incident: When urban blacks became a political force in Louisiana, a true believer named Willie Rainich got himself named chairman of a joint legislative committee and set out to reduce their registration from 130,000 to 13,000. With Diagram. But when Rainich pressured state officials to refuse to divulge voting records to 57 Best Animal Images | Teaching, the agents of the Factors Or Causes Diagram, Civil Rights Commission, Gov. For Teenager No Work Experience Normyinfo Resume. Earl Long met privately with its representative, Berl Bernhard, and told him: “You’re here to Underlying Or Causes Fishbone, help the niggers vote, and I am for you because they’re my niggers and I want their vote … Now, we’re never going to talk about my helping you, but I’m gonna get my state registrar to 9+ Example Of A Action, give you the records you need, and after you talk to Factors Or Causes Fishbone, him, you remember, you never saw me.” Earl’s plain language told in confidence confirms that he promoted extension of the franchise of African-Americans, at least for one reason, to get their votes. In pursuing ambition he was also enabling a minority to exercise that franchise. Who else in the state other than its governor could have delivered this benefit?

How else could he have done it without getting elected? How could he have been sanguine about retaining essential political strength, considering opposition to his progressive agenda, had he not developed another source of political support? How does all this add up? What of Earl’s unsavory campaign tactic that included use of racial slur and epithet? Not pleasing for some to hear at the time or to read out of context in Download Free And Party Psd Template print, Earl had deemed it necessary within a considered political strategy.

Others will judge him. Some biographer may sort it out. His catchy couplet, though, a quotation suitable for anthologizing, smacks of truth: I’m the Identifying Underlying Factors With Diagram, best friend the poor white man and Up Letter – Letter Format Writing the colored man ever had … but I’m a thousand percent for segregation! These lines, a theme in his last campaign for governor, in retrospect a brilliant tactic, enabled him to prevail during a dreadful inning in Southern politics. However otherwise vetted, Earl Long occupies a corner in history yet to be written in juxtaposition to Tom Watson—yet no less enigmatic a man than Watson—and alone among contemporary Southern governors of the 1940’s and 1950’s as a voting rights champion for Factors Or Causes With African-Americans. You have read 1 of 10 free articles in Free the past 30 days. Get unlimited access. By Siva Vaidhyanathan.

By Amanda Petrusich. By Ryan Bradley. Copyright 2017 The Virginia Quarterly Review. All rights reserved.