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Music education dissertation

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Dissertation In Music Education

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‘Red flags’ are a critical consideration to make when writing your cover letter. A red flag is something in your professional or personal history that could negatively impact the way a hiring manager views your job application. While many red flags should be directly addressed in a cover letter, some others are best left for the job interview stage. The following list is music of 8 of the biggest cover letter red flags. If any apply to you, click to learn more about how to questions to nursing effectively handle it so it doesn’t become a roadblock in your efforts to secure your next job. i need cover letter for music education, my resume. You can either write your own cover letter with the guide above or use our software to build one instead.

If you want to use our software just go to our homepage at https://resumegenius.com/ What about references? Can they go on essays, the Resume or do I need a separate sheet for those? References should NOT be included on your resume — nor should you write “References Available Upon Request” on your resume. Music Education Dissertation! The hiring manager will request that information from you at a later date if they are interested in doing so.

(Note: If the democratic republic congo employer ASKS you to include references with your application, obviously you should do that.) Thanks for your question! This has given me a better understanding in the resume field! Glad we could help! Good luck on the job hunt! thanks. you have explained clearly what i need to music dissertation do. We are glad that the questions related article could help! I just applied for a $14/hr job on Indeed.

After 6 years of music education dissertation, working for the same company for global warming what to write, $10/hr…. I’m praying this cover letter is music enough to css selectors land me the job. I converted the dissertation “Sales Cover Letter” into critical thinking questions related, a “Warehouse Manager” cover letter. Of course I tweaked it to my specifications and needs… but it turned out to dissertation be one professional piece of work when I was finished. I can’t thank you all enough for this posting. I’ll be back to types essays update if I land the job. We are happy to hear that as well! Hope to music education dissertation hear back from you soon.

Keep us updated throughout the process and let us know if you have any interview questions. Best luck on your job hunt! This was definitely helpful. Help Experts! Recently I came across a job opening and they had asked for a cover letter. I had no damn idea what a cover letter was. Googled it.. nd came here.. Music Education Dissertation! im thankfull to you.. #128578; We are glad that we were able to help you with your cover letter.

We hope you get the interview! I have a significant gap in full-time employment. I need to types essays create a cover letter that can briefly explain that gap. Music Education! The template of a mother returning to work won’t cut it, IMO. Do you have a template that matches my needs? Thanks in advance #128578; We regret that you weren’t able to find what you were looking for.

The stay at home mom resume is one of our most popular and has received a lot of positive feedback. We suggest that you check out republic essay, our resume formats page: https://resumegenius.com/resume/resume-formats. You may want to consider using functional format to help cover up your work gaps. If you still need help, you may also want to education consider signing for a subscription with us. We offer the “Ask The Expert” service, which gives you access to global warming about a professional resume writer. Good luck on the job hunt! Hello I am applying for flight attendant position, but I have never worked in music education, this position before. What title I need to republic congo essay put in the header of the resume?

Our flight attendant sample has all the music dissertation information you need to homework help experts write your own resume. (https://resumegenius.com/resume/flight-attendant-resume-sample). Good luck on the job hunt! I only have volunteer work how do I put that in music education dissertation, a resume ? thanks you. Check out our “How to Write a Resume” writing guide. Of Descriptive Essays! (https://resumegenius.com/how-to-write-a-resume) It should be helpful in answering your question. Very true and informative. Just googled it and no doubt remains now. Cover letter will be easy for me now. Glad you found our cover letter guide useful.

Let us know if you have any additional questions. Good luck on the job hunt! This was helpful. is music dissertation it same for republic congo, Student / Entry Level Cover Letter and Internship cover letter? We are glad you found our cover letter page useful. As far as your question goes, the student cover letter above could be reworked for education, an internship application. Please let us know if you have any other questions. This helped me so much, I’ve never written a cover letter before. Thank you so much RG! We are glad that the information is helpful!

Please feel free to read other related articles and homework, let us know if you have any questions. Hey please i want to apply for a post of an armorer in education dissertation, the ministry of defense in our country advertised in the dailies. It wants people with high school education and i basically have that. Please lead me through… We will need more information regarding the job posting as well as your background to lead you. Hi! Do you have cover letter samples to apply as a job intern?

Not currently, but it is on our list of samples to add. Types! For now, our student sample above should be helpful in giving you some ideas on how to format your own. Thanks a lot RG this was very helpful. Before today I have never done a one, now I have confidence with putting together a cover letter. One small question though, what should I name the cover letter? We are glad that you found our cover letter resources helpful. You can simply name your it “Deitric (last name)’s Cover Letter.” That way, it will be easier for the employer to spot as they go through all the music education dissertation applicants in their inbox. Good luck on the job hunt! Hi! I have never written a cover letter before and would like to apply to types a “work from home” job–but, have no idea how to write it. Please help!

We have plenty of industry-specific samples above. Find your industry and music education, get a few detailed tips on how to structure your own cover letter. RG I must say this helps me a lot. Thesis Css Selectors! Not sure if I could master it but this would definitely help. Education Dissertation! Thank you so much for making my day 3. We are really glad to hear that and thank you for your support.

Please let us know if you have any question. I remain stumped as to how to address a cover letter in response to a job advertisement that gives neither the thinking related company name nor the music education dissertation name of the person in charge of hiring. Types Of Descriptive Essays! This is true of many job postings on education dissertation, Craigslist, for example. I dislike “To Whom It May Concern”, but what other greeting would you recommend? Many job seekers also run into this issue. When the posting doesn’t include a name of the company or hiring manager, try copying some of the job description and narrative for college, searching for it on Google. Education! You may find the job ad with the types of descriptive names included. If this doesn’t work, then it is acceptable to address the cover letter with “Dear Hiring Manager.” Good luck on the job hunt, I normally just put Dear Hiring Manager.

I’ve had issues where you call and there are multiple people who do the hiring, so I don’t know who will be doing my interview until the day I have my interview. Education Dissertation! If I ask the employee there like, “Oh I’m not sure.” I’m going to forward this to essays a client of mine I was just talking to him about dissertation this. Now he’ll know that I’m not just trying to make his life miserable. Great! We hope they find our resources helpful. I have done my resume and now I’m preparing myself to critical questions related do CL, but I have problem with it, because everything is wrote in resume – especialy introduction. It would be the best if I could copy my introduction from resume to music education CL, because there is almost the same to write. please advise. Some of the global warming about contents from your resume intro should be used in you CL, but should not simply be copied. If you read the above guide and download the template pack, you will learn exactly what information should be included. Also, be sure to check out our CL samples to give you a better idea on how you can word your cover letter.

Good luck on the job hunt! I am trying to write a cover letter for a managerial position in education, the hospitality field. However, I do not see any examples. We are in the process of adding new cover letter samples and critical related, have included your suggestion in the list. In the meantime, follow the guide above and download one of cover letter templates. Good luck on the job hunt!

Basically, a cover letter is a letter of education, introduction. Usually I state the name of the position I’m applying for congo, and why I am qualified for the position. At the education dissertation end of the letter, I’ll write something like “If you have any questions or to types schedule an dissertation, appointment for an interview, please contact me at ***-**-****.” Then double space and republic essay, type “Sincerely” and then space 4 times and type your name. Music! You’ll be signing in the space above your typed name. This has been most helpful. GBU. Glad you liked it. Share it with you your friends.

GBU, too! I am working on a resume for an experienced welder, One of the requirements is a valid drivers license, which I do not possess at this time , but if I was hired, I could pay the traffic fine and for college, get my license back with my first paycheck. Should I explain this on education, my resume or by types of descriptive essays, telephone or in person or not at mall. In all honesty, your best bet is to find a way to pay the traffic fine and get you license back before applying for the position. Thanks for the advice. I was thinking that very thing or appearing at traffic court and setting up a payment plan which would clear the way for a re issue. All about the money. which I happen to be in music education dissertation, short supply of. Thanks again. We know the struggle.

Hang in there brother! Try add figures that will impress an employer and that pertain to warming about the position you are applying for. Music! Best of luck! I live in Thailand and odd numbers here are auspicious so it probably won’t hurt to throw some of them in. I’m still not sure what you all are referring to with bullet point ‘numbers’. Questions Related! Can someone explain? Thank you.

thank you so much RG you really shade light on cover letters, i was clueless wat it was so mostly i would ignore it and send my applications without one from today i will do thngs differently. Download our cover letter template pack and use the tips written above. That should get you started. Music Dissertation! Best of luck! How to address gaps in employment. My mom passed away unexpectedly in 2005. Critical Questions Related To Nursing! I was incapacitated by depression and unable to work from 2005-2008. Got a job in 2008 was employed until 2012 when I had a baby. i have been a stay at home mom. Education Dissertation! Ready to go back to work again. How do I address the gaps when posting my resume on job resource sites?

I have spent the past six months working reworking my resume. Experts! I’ve searched hundreds of resume websites; Resme Genius is, by far, the best. Music Dissertation! Would appreciate any advice. Thanks for the kind words. One of the easiest ways to mask your work gaps is to use a functional format: https://resumegenius.com/resume-formats/functional-samples-writing-guide.

Give it a try and see what you think. Good luck on the job hunt! How do explain a reason for leaving a company when you hate your job/employer, more management than the job itself. We always recommend not to burn any bridges with former employers and to leave on a positive note. So in that case, we suggest that you explain that you are looking for an opportunity in a new industry or a different position. Essays! Although it may sting, make sure to also thank management for the opportunity you were given. Good luck! Struggling with how to music address a cover letter for a summer internship. I’m not applying for a posted internship, just going to show up at an organization that my school advisor suggested I reach out to.

I have no idea who I’ll be giving my cover letter to, but I don’t want to say “dear hiring manager” because technically they wouldn’t be hiring me… right? Aside from that, this guide was still very helpful. We’re glad that you found our advice helpful. Warming What To Write! In your case, “Dear Hiring Manager” or “Dear Madam or Sir” would be appropriate. Good luck! So i have been asked to email my salary requirements, Here is my situation though, I previously worked with this company in the same exact role. I left for another job opportunity ( which built my skill set and experience) about education dissertation a year ago this month. They have asked me to homework come back and fill that position again. How do I compose a salary requirement. In this situation you have the leverage, so it would be fair to music education ask for 10-20% more than you were paid before. The skills and experience you gained over the last year make you more valuable than you were before.

Good luck! Hi, I am trying to help a friend who is looking to move into thesis css selectors, a completely different line of work, he has only had 1 job since high school, which has nothing to do with what he really wants to do. How do you approach that in music, a cover letter, since he has no experience in the field? Your friend will have to discuss their general skills or traits that are relevant to the job. I just turned 62 and of descriptive essays, want to retire from my current job, but not ready to retire. Dissertation! Any suggestions on how to homework experts “put my best foot forward” when applying for a new position in an industry I’ve never worked in before? When applying for a position in an industry that you’ve never worked in before, the first thing you should do is come up with a list of the relevant skills that you can transfer over to that industry. Music Education Dissertation! From there, you can work on warming about, ‘selling’ those particular skills in your cover letter and education, resume. Good luck!

So glad I stumbled upon this. Glad you found it helpful! I’m applying for a new job but the mining company has different projects. Would I have the company’s address or the project site address? We recommend that you use the address that the cover letter is being sent to. If you are not sure, then use the company’s address. Good luck! Some cover letter here have helped me move on critical to nursing, to another level. Education! Through this i had to pay bills for my ailing child . Thanks you have been of great help through the way to write a winning cover letter.

Great information! My question is I have been out of the essays work force for about a year and a half due to birthing children and staying home for them. I am wondering if this is something i should include on education dissertation, my CL to explain my gap in work history or is this information to homework help experts personal to include? Great question! If your work gap is longer than a couple of months, then you should certainly include an education dissertation, explanation in your cover letter. Don’t spend more than 1-2 sentences on your explanation though. Remember that you want to essays keep the focus of your cover letter on your experience and qualifications. You can say something like “After taking some time at dissertation, home with my family,” then express how excited and enthusiastic you are to return to the work force and how this position is narrative for college exactly what convinced you that now is the time to do so. You can use that phrase for maternity leave, or caring for older family members, or even your own issues.

Shoot, you can use that even when you didn’t choose to take a break, so to speak. Good luck! I’m a college dropout and I couldn’t decide on which template to use for my cover letter. Music Dissertation! I quit school during my sophomore year. We suggest using the ‘Non-Student’ templates. Of Descriptive Essays! If your college experience is music education relevant to narrative for college the job you are applying for, you might consider including it your cover letter. Best of luck on music education, the job hunt! Thank you Resume Genius! what if there is no job description given? how do you start of with the cover application in such a scenario? Even without a job description you can still follow the template above.

Look up job descriptions for css selectors, the same position from other companies to education get an essay, idea of music education dissertation, what the employers is looking for. Unless requested in narrative essays for college, the job ad, leave your salary requirements off your cover letter. Good Luck! Fair point – it’s always good to be careful when sending out personal information. Thanks for the suggestion! Share How to Write a Cover Letter #038; 40+ Free Templates

Our code geeks and HR experts are proud to introduce our new Free Resume Builder software to help you land more interviews in today’s competitive job market. We provide HR-approved resume templates, built-in job description bullet point phrases to choose from, and easy export to music education MS Word and PDF. Get awesome job opportunities sent directly to your inbox. By clicking Send Me Job Alerts, I agree to the Resume Genius Terms of Use and Privacy Policy. Play the One-Minute Game That’ll Show You How to Improve Your Resume.

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2girls1cup essay Drunk Driving is a serious offense. Dui Assistant can help you find a true Driving While Intoxicated lawyer or DUI law Firm to protect your legal rights and defend you from a Drunk Driving related Charge. A Drunk Driving Conviction can lead to loss of employment, substantial civil penalties, fines, jail time, probation, forced rehabilitation, loss of music education dissertation your vehicle, loss if income, loss of insurance and other serious consequences. Massachusetts DUI and Massachusetts OUI Violations Here is the Law. Massachusetts DUI Laws. It is types illegal to drive or operate a motor vehicle in music education dissertation Massachusetts, if you are under the influence of alcohol or drugs. According to Massachusetts DUI law, a person is republic considered too impaired to education, operate a vehicle if his blood alcohol concentration (BAC) is for college .08% or greater. If a driver is under the music education dissertation age of 21, he or she is prohibited from driving if his or her BAC is higher than .02%. Any driver in thesis css selectors Boston or throughout the state of Massachusetts found driving with a BAC at or above the legal limit will be arrested and booked on music education dissertation DUI charges. At this time, it’s best to contact a seasoned Boston DUI lawyer who has the experience and skill to defend you in court. Css Selectors? Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the influence, and always prosecute those people in court.

There are defenses to a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of roadside tests, mistakes in the arresting officer#8217;s subjective conclusions regarding your coordination and stability, and the inaccuracy of music dissertation breathalyzer machines. Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on the shoulder of the road, in the cold, in the glaring squad car headlights. Narrative For College? We have had success in getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and every type of client. Massachusetts encourages first time offenders with no criminal record to plead out in a diversion program.

The case is dismissed after mandatory alcohol education classes and one year of probation and, and you can get a hardship driver#8217;s license within four days of the plea hearing. A second DUI is harsher, and often requires going to trial. A second offense is music dissertation punished by a minimum of two weeks in an alcohol facility and a 60-day suspended sentence, two-year license revocation with no hardship license for six months. A third DUI is punished with no less than 150 days of mandatory jail time, eight year license revocation, with no hardship license considered for two years. Massachusetts OUI/DUI Law First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction. Critical Questions Related To Nursing? •License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) •Plead to Continuance without a Finding aka CWOF. It is similar to, but not technically a guilty plea. (More info on a CWOF.) •Pay a number of fines and court fees (over $2500 in total), as well as take a hit to your insurance. •Unsupervised probation for one year. •Mandatory participation in music education 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. •License suspended for republic, 45 to 90 days (not including any penalty for breath test refusal) •License suspension is music education dissertation 210 days for drivers under age 21. •You are eligible for a hardship license right away, in most cases. The Real Deal on First Offense OUI Penalties: The minimum penalty (above) is almost always available for democratic congo essay, a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to ask for, and as long as there is no accident, injury, or other extenuating circumstances.

In addition, a smart attorney will include all other charges in the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and education dissertation insurance increases. Massachusetts OUI Law Second Offense Penalty. •Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. •License suspended for 2 years, work/education hardship considered in 1 year; general hardship in narrative for college 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 music least 3 years total.) •As of warming what to write January 1, 2006 Interlock device installed in your car at music education your own expense for thesis css selectors, 2 years, when you become eligible for hardship or license reinstatement. Alternative Disposition (2nd Offense OUI) •2 years probation. •14 day confined (inpatient) alcohol treatment program paid for by the defendant. •License suspended for two years, work/education hardship considered in 1 year; general hardship in 18 months. •As of January 1, 2006 Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license). Dissertation? •If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the homework help penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for music education, license reinstatement. The Real Deal on republic congo 2nd Offense OUI Penalties: See my second offense OUI penalties page for detail on the implications of a 2nd offense drunk driving defense. I can almost always negotiate for the Alternative Disposition above for any second offense OUI conviction, but it is education still a tough punishment to essays, accept for many people. Given that there isn#8217;t that much risk of a worse outcome if you choose to fight the music education dissertation case in court, most people choose to take a chance at css selectors no penalty, even on 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 license reinstatement.

The Registry is music education dissertation 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 types a good reason to strongly consider fighting the case. Massachusetts OUI/DWI Law Third Offense Penalty(3rd) Penalty. •Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) •May be served in a prison treatment program. •License suspended for 8 years, work/education hardship considered in 2 years; general hardship in music 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. Democratic Essay? For a 3rd offense charge, this is music dissertation a good reason to fight the case and look for a chance to help experts, win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can#8217;t provide sufficient proof of the education prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on essays third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is a Felony Offense) •License suspended for 10 years, work/education hardship considered in 5 years; general hardship in 8 years. •Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on 4th Offense OUI Penalties: Everything about a 3rd offense applies to a 4th, 5th or subsequent drunk driving charge. Even a small chance of music education winning the case is worth the risk, since it is probably your only chance to avoid jail time.

You need to critical thinking related, consider fighting your case at trial in music education almost all cases. MASSACHUSETTS OUI/DUI LAWS FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. minimum mandatory), not more than 5 years (felony status) •License Revoked/Suspended for 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 css selectors, details. OUI With Serious Bodily Injury Penalties. If you are charged with an education OUI where someone is injured, you are almost certain to do jail time. The cases become extremely complicated and you need the advice of a DUI OUI lawyer. You can face penalties of 6 months to 2.5 years in jail or 6 months to 10 years in State Prison depending on how your DUI or OUI violation is charged and thesis css selectors prosecuted.

Here is music education dissertation a copy of the Massachusetts DUI and OUI Laws. Warming About? Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in music section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and republic one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against education, a person who is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; provided, however, that but $150 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer for who shall deposit it into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. Homework Help Experts? The assessment shall not be subject to reduction or waiver by the court for any reason. There shall be an assessment of $50 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by music education dissertation section 1 of chapter 94C, pursuant to thesis, this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L. Music Dissertation? The assessment shall not be subject to waiver by the court for any reason. If a person against whom a fine is assessed is types of descriptive essays sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on education dissertation the mittimus. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to the state treasurer who shall then deposit, invest and transfer the monies, from time to thinking questions related, time, into the Victims of education Drunk Driving Trust Fund established in section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of of descriptive said chapter 10, by the victim and witness assistance board for education, the purposes set forth in said section 66. Fees paid by an individual into the Victims of Drunk Driving Trust Fund pursuant to this section shall be in democratic congo essay addition to, and education dissertation not in democratic congo lieu of, any other fee imposed by the court pursuant to education, this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of thesis css selectors funds imposed and collected pursuant to this section to music education dissertation, the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year.

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for global warming about, 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 such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for music education, good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the republic essay warden, superintendent, or other person in charge of a correctional institution, or the music education administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and essays provided, further, that the defendant may serve all or part of such thirty day sentence to music, the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the commission of the offense for which he has been convicted, the experts defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than one hundred and eighty days nor more than two and one-half years or by education dissertation a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the democratic congo commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to music education, support the thesis recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of education such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and essays rehabilitation of drinking drivers. If the music dissertation defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by what to write a court of the education dissertation commonwealth or any other jurisdiction because of a like offense three times preceding the thesis date of the commission of the offense for which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by music education dissertation imprisonment for not less than two years nor more than two and one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by essays imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the music education 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 thinking questions his sentence for good conduct until such person has served twelve months of music such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an types of descriptive officer of such institution for music education, the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of essay correction for the incarceration and rehabilitation of drinking drivers. If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense four or more times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by music a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the questions related sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for music education, 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 narrative essays for college charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for music, the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at homework help experts said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers. A prosecution commenced under the provisions of music dissertation this subparagraph shall not be placed on narrative file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the music prosecution on such complaint be transferred to another division of the district court or to a jury-of-six session, until the about court receives a report from the dissertation commissioner of probation pertaining to the defendant#8217;s record, if any, of prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the types provisions of this paragraph shall not justify the postponement of music education dissertation any such trial or of the acceptance of any such plea for more than five working days after the date of the defendant#8217;s arraignment.

The commissioner of types essays probation shall give priority to requests for such records. At any time before the commencement of education dissertation a trial or acceptance of a plea on a complaint alleging a violation of thesis this subparagraph, the prosecutor may apply for the issuance of a new complaint pursuant to music education, section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the prosecutor, the court shall stay further proceedings on thinking questions related to nursing the original complaint pending the determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and education order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to prepare a defense. If a defendant waives right to a jury trial pursuant to section twenty-six A of chapter two hundred and eighteen on a complaint under this subdivision he shall be deemed to have waived his right to types of descriptive, a jury trial on all elements of said complaint.

(2) Except as provided in subparagraph (4) the provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to education dissertation, any person charged with a violation of subparagraph (1) and if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged. (3) Notwithstanding the provisions of section six A of for college chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the commission of the music offense for democratic republic congo, which he has been convicted. (4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is music education found guilty of a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the warming what to write about commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the offense for which he has been convicted, shall receive a report from the education probation department of a copy of the defendant#8217;s driving record, the criminal record of the defendant, if any, and such information as may be available as to the defendant#8217;s use of alcohol and may, upon a written finding that appropriate and democratic republic adequate treatment is available to the defendant and the defendant would benefit from such treatment and dissertation that the safety of the public would not be endangered, with the defendant#8217;s consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to be promulgated by said division in consultation with the critical department of correction and education with the approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for types essays, the purpose of education alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to comply with said conditions and any other terms of congo essay probation as imposed under this section shall be reported forthwith to music dissertation, 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 essays court and if the court finds that he has failed to attend or complete the residential alcohol treatment program before the date specified in the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to imprisonment for education, not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the critical questions related commissioner of music education dissertation correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of global what about a county correctional institution, grant to an offender committed under this subdivision a temporary release in music education dissertation the custody of an officer of such institution for thinking to nursing, the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. If such defendant fails to attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for not less than thirty days as provided in subparagraph (1) for such a defendant. The defendant shall pay for the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for education dissertation, inability to pay; and democratic republic provided, further, that such person files with the court, an affidavit of indigency or inability to music dissertation, pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and thesis serious hardship to such individual or to the family of such individual, and education that the thesis css selectors court enters a written finding thereof.

In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the music education cost of said program. (b) A conviction of a violation of critical thinking to nursing subparagraph (1) of paragraph (a) shall revoke the license or right to operate of the dissertation person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of help experts a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, and music education said person qualifies for disposition under section twenty-four D and has consented to narrative, probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the education dissertation right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the what about same to the registrar. Music Education Dissertation? 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 thinking municipality in which the defendant is music domiciled. Notwithstanding the provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by reason of republic essay a violation of paragraph (a) shall be controlled by the provisions of this section and sections twenty-four D and twenty-four E. (c) (1) Where the music dissertation license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for democratic, and shall be granted a hearing before the registrar for the purpose of music education dissertation requesting the issuance of a new license for employment or educational purposes, which license shall be effective for narrative essays, not more than an identical twelve hour period every day on music the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and essays for college the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of music education dissertation conviction, apply for critical to nursing, and shall be granted a hearing before the registrar for the purpose of music education requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the critical questions to nursing causes of the present and past violations have been dealt with or brought under control and the registrar may, in music education dissertation his discretion, issue such a license under such terms and conditions as he deems appropriate and warming about necessary. (2) Where the license or the right to operate of a person has been revoked under paragraph (b) and music education dissertation such person has been previously convicted of or assigned to warming what to write, 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 music dissertation commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the prosecution of homework help experts such person has been terminated in music education favor of the defendant, until two years after the date of the conviction; provided, however, that such person may, after the questions related to nursing expiration of 1 year from the date of conviction, apply for music dissertation, and shall be granted a hearing before the registrar for the purpose of thesis requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and music that such person shall have successfully completed the residential treatment program in thinking related to nursing subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in music education dissertation his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of 18 months from the date of conviction, apply for questions related, and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an music dissertation ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (3) Where the license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction two times preceding the date of the commission of the congo essay crime for which he has been convicted or where the license or right to operate has been revoked pursuant to section twenty-three due to dissertation, a violation of said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the license or reinstate the right to operate to such person, unless the prosecution of global warming about such person has terminated in favor of the music education dissertation defendant, until eight years after the date of conviction; provided however, that such person may, after the expiration of thesis css selectors two years from the date of the conviction, apply for and shall be granted a hearing before the music education registrar for the purpose of requesting the issuance of thesis a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day, on the grounds of hardship and education a showing by the person that the causes of the critical questions related present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the dissertation date of conviction, apply for and shall be granted a hearing before the critical thinking questions to nursing registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by music education dissertation the person that the causes of the of descriptive present and past violations have been dealt with or brought under control and the registrar may, in dissertation his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license. (31/2) Where the license or the right to narrative for college, operate of a person has been revoked under paragraph (b) and such person has been previously convicted of education dissertation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation three times preceding the date of the commission of the offense for global what to write, which such person has been convicted, the registrar shall not restore the license or reinstate the education right to operate of such person unless the prosecution of such person has been terminated in favor of the homework experts defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the music dissertation date of the to nursing conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of music education hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the warming what about expiration of music dissertation eight years from the date of conviction, apply for and shall be granted a hearing before the registrar for republic essay, the purpose of music education requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in republic essay his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary. A mandatory restriction on music a hardship license granted by critical thinking questions to nursing the registrar under this subparagraph shall be that such person have an ignition interlock device installed on education each vehicle owned, each vehicle leased and each vehicle operated by narrative for college the licensee for the duration of the hardship license. (33/4) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for which such person has been convicted, such person#8217;s license or right to operate a motor vehicle shall be revoked for the life of such person, and such person shall not be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of education dissertation 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 global about favor of such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from music education dissertation any order of the registrar of homework experts motor vehicles under the dissertation provisions of css selectors this section. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or a prior finding of sufficient facts by either certified attested copies of original court papers, or certified attested copies of the defendant#8217;s biographical and informational data from records of the department of education probation, any jail or house of corrections, the department of correction, or the registry, shall be prima facie evidence that the defendant before the global warming what to write about court had been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant#8217;s guilt on the primary offense, as evidence in any court of the music education dissertation commonwealth to prove the defendant#8217;s commission of any prior convictions described therein. Democratic Essay? The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of music this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on file, and help a license may be revoked under paragraph (b) hereof notwithstanding the pendency of a prosecution upon appeal or otherwise after such a conviction.

Where there has been more than one conviction in the same prosecution, the date of the first conviction shall be deemed to music education dissertation, be the date of conviction under paragraph (c) hereof. (e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant#8217;s blood at the time of the alleged offense, as shown by essays for college chemical test or analysis of his blood or as indicated by music education dissertation a chemical test or analysis of his breath, shall be admissible and deemed relevant to thesis, the determination of the question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to him upon music education dissertation, his request and the defendant was afforded a reasonable opportunity, at republic his request and at his expense, to music education, have another such test or analysis made by a person or physician selected by him; and provided, further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by of descriptive essays a physician, registered nurse or certified medical technician. Education? Evidence that the defendant failed or refused to consent to critical thinking questions related to nursing, such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by music the registrar under paragraph (f) or in global warming to write 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 education dissertation intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to democratic congo essay, believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and music such evidence is that the democratic republic percentage, by dissertation weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater, the officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant#8217;s license or permit and global warming what to write about take all other actions directed therein, if such evidence is music education dissertation that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the department of the state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the thesis css selectors percentage of alcohol in education dissertation such blood shall be prima facie evidence of the percentage of for college alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to music education dissertation, which the global what to write about public has right to access, or upon music, any way or in any place to which the essays for college public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to education, believe that the types of descriptive essays person arrested has been operating a motor vehicle upon dissertation, such way or place while under the thesis influence of intoxicating liquor. If the education dissertation person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at what about least 180 days and up to education dissertation, a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in global what about accordance with this paragraph for education, a period of to write about 180 days; provided, however, that any person who is music education dissertation under the global warming to write age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of music education dissertation section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of global to write eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for music dissertation, a period of 5 years for such refusal; and provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for essays, life based upon education, such refusal. If a person refuses to submit to thinking to nursing, any such test or analysis after having been convicted of a violation of section 24L, the restistrar shall suspend his license or right to operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of a violation of subsection (a) of music dissertation section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for life. Help? If a person refuses to take a test under this paragraph, the police officer shall: (i) immediately, on behalf of the registrar, take custody of such person#8217;s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of suspension in a format approved by the registrar; and. (iii) impound the vehicle being driven by the operator and arrange for music education, the vehicle to be impounded for a period of 12 hours after the operator#8217;s refusal, with the costs for democratic republic, the towing, storage and dissertation maintenance of the vehicle to be borne by essays the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal.

Each report shall be made in a format approved by the registrar and music education dissertation shall be made under the penalties of perjury by the police officer before whom such refusal was made. Narrative For College? Each report shall set forth the grounds for the officer#8217;s belief that the education person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to critical thinking related, submit to a chemical test or analysis when requested by the officer to do so, such refusal having been witnessed by another person other than the defendant. Each report shall identify the police officer who requested the chemical test or analysis and the other person witnessing the refusal. Each report shall be sent forthwith to the registrar along with a copy of the education notice of intent to types of descriptive, suspend in a form, including electronic or otherwise, that the education registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to thesis, the registrar forthwith. The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the music dissertation suspension specified in this section. The suspension of a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the police officer.

A suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. No license or right to thesis, operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of music a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in narrative essays the absence of dissertation any other alcohol related charges pending against said defendant, apply for global what, and be immediately granted a hearing before the music education court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of 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 help experts not less than eight one-hundredths or the person is music education 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 to nursing the commonwealth; (ii) provide to each person who refuses the test, on behalf of the registrar, a written notification of suspension, in a format approved by the registrar; and. (iii) immediately report action taken under this paragraph to the registrar. Music Education? Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer. Each report shall set forth the grounds for the officer#8217;s belief that the person arrested has been operating a motor vehicle on any way or place while under the influence of intoxicating liquor and that the person#8217;s blood alcohol percentage was not less than .08 or that the person was under 21 years of age at democratic congo essay the time of the arrest and education whose blood alcohol percentage was not less than .02.

The report shall indicate that the person was administered a test or analysis, that the narrative for college operator administering the test or analysis was trained and music dissertation certified in the administration of the test or analysis, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for the test was regularly serviced and maintained and that the person administering the narrative test had every reason to believe the equipment was functioning properly at dissertation the time the test was administered. Each report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in congo essay a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate confiscated under this clause shall be forwarded to music education, the registrar forthwith. Questions? The license suspension shall become effective immediately upon receipt by the offender of the notice of music education intent to suspend from a police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days. In any instance where a defendant is under the age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant#8217;s blood is two one-hundredths or greater and upon of descriptive essays, the failure of any police officer pursuant to education, this subparagraph, to suspend or take custody of the driver#8217;s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant#8217;s license or right to operate a motor vehicle upon about, receipt of a report from the police officer who administered such chemical test or analysis of the defendant#8217;s blood pursuant to subparagraph (1). Each such report shall be made on a form approved by the registrar and shall be sworn to music, under the global to write penalties of perjury by such police officer. Music Education Dissertation? Each such report shall set forth the grounds for the officer#8217;s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor and homework help that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the music dissertation person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in thesis css selectors accordance with the regulations and music standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the democratic republic essay equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and education shall be sent to the registrar along with the types essays confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant#8217;s blood was administered. The license to music education dissertation, operate a motor vehicle shall thereupon be suspended in global warming what about accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in education any place to which members of the public have a right of access or upon any way to which members of the public have a right of help experts access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to such test or analysis.

If, after such hearing, the registrar finds on any one of the dissertation said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and preserve a record at said hearing for judicial review. Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for homework, judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by music education dissertation the court shall be on the record established at the hearing before the registrar. Css Selectors? If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the music dissertation law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the congo essay 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 subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the education dissertation 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 css selectors time after such chemical analysis of his breath, shows that the percentage, by weight, of education dissertation 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 thesis court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the music dissertation court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration.

[ Second paragraph of paragraph (g) of subdivision (1) as amended by css selectors 2010, 256, Sec. 63 effective November 4, 2010. Dissertation? For text effective until November 4, 2010, see above.] Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon types of descriptive essays, such request shall be entitled to dissertation, a hearing before the css selectors court in dissertation which the underlying charges are pending or if the individual is under the for college age of music education 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 global warming what to write time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person#8217;s blood was less than eight one-hundredths or, relative to such person under the age of music dissertation twenty-one was less than two one-hundredths. If the global warming what to write about court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to education, such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person#8217;s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the department of narrative criminal justice information services and the registrar of such restoration. (h) Any person convicted of a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of education dissertation marihuana, narcotic drugs, depressants or stimulant substances, all as defined in narrative for college section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs. The court shall set such financial and other terms for the participation of the dissertation defendant as it deems appropriate. [ First paragraph of thesis paragraph (a) of subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon any way or in any place to music dissertation, which the public has a right of access, or any place to of descriptive, which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to dissertation, be used by any person, or whoever makes false statements in homework help an application for dissertation, such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for registration of help a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and music education dissertation whoever uses a motor vehicle without authority knowing that such use is homework unauthorized shall, for the first offense be punished by education a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of questions related to nursing not more than one thousand dollars, or by music education dissertation both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. 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 narrative reason to believe that the education dissertation 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 narrative essays for college, any way or in any place to dissertation, which the thesis css selectors public has a right of access, or any place to music dissertation, which members of the help 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 music public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for related to nursing, the purpose of music making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner#8217;s permit to operate motor vehicles to be used by essays any person, or whoever makes false statements in an application for music education, such a license or learner#8217;s permit, or whoever knowingly makes any false statement in an application for democratic congo essay, registration of dissertation 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 to nursing injury to any other person, vehicle or property by operating said motor vehicle negligently so that the music education dissertation 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 global warming what imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for music, the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by thesis 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 music education a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of essays a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for music dissertation, not less than two and one half years nor more than five years in the state prison or by of descriptive both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for music education dissertation, a violation of any provision of this paragraph if in the judgment of the democratic congo essay court or justice receiving the complaint there is education dissertation reason to believe that the thinking defendant will appear upon a summons.

There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on music education dissertation probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the global warming about public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason. Education Dissertation? (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the republic public has right of music education dissertation access, or upon any way or in thinking any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars. (2) Whoever operates a motor vehicle upon any way or in any place to education, which the public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of types of descriptive essays his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in music education dissertation the death of a person, be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at global what about least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to music, an offender committed under this paragraph, a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to critical related to nursing, visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at education dissertation said institution or to warming what to write, engage in employment pursuant to a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on file. (b) A conviction of a violation of paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to operate. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the music dissertation certificate of registration of any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in favor of the defendant. In addition, the registrar may, after an investigation or upon global warming to write about, hearing, issue a new license or reinstate the right to operate to a person convicted in any court for a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of a violation of music education dissertation subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the date of revocation following any subsequent conviction; (ii) any person convicted of a violation of for college subparagraph (2) of paragraph (a1/2) until three years after the date of music revocation following his conviction if for a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is unauthorized, until one year after the date of revocation following his conviction if for a first offense or until three years after the date of homework experts revocation following any subsequent conviction; and (iv) any person convicted of music dissertation 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 questions date of revocation following any subsequent conviction within a period of three years. Notwithstanding the forgoing, a person holding a junior operator#8217;s license who is 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 his original conviction for a first offense or 1 year after the date of revocation following a subsequent conviction within a period of 3 years. The registrar, after investigation, may at any time rescind the revocation of a license or right to operate revoked because of a conviction of operating a motor vehicle upon any way or in music dissertation any place to which the help public has a right of education dissertation access or any place to which members of the public have access as invitees or licensees negligently so that the lives or safety of the public might be endangered. The provisions of this paragraph shall apply in experts the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. Education? If the thinking related court or magistrate certifies in writing that he is satisfied that the reasons relied upon are sufficient and that the interests of justice require the music allowance of the democratic motion, the motion shall be allowed and the certificate shall be filed in the case.

A copy of the motion and certificate shall be sent by the court or magistrate forthwith to the registrar. (4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by education dissertation either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and informational data from warming to write about official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to music education dissertation, an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by democratic congo essay a court of the music dissertation commonwealth one or more times preceding the date of commission of the offense for which said defendant is for college being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Music? Superior Court of Massachusetts. Narrative Essays For College? October 16, 2003. Dissertation? 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 for college charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Before me is the defendant#8217;s motion, under Mass.

R. Crim. P. 25(b)(2), for (a) a required finding of music dissertation not guilty, or (b) a reduction to democratic republic congo, 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 DENIED. At about 1:00 p.m. on September 1, 2001 thirteen-year-old Evan Holofcener was riding his bicycle on or beside Farmers Row (Route 111), Groton, when he was struck head-on by a pickup truck traveling in the opposite direction. The truck was driven by the defendant, who was then on her way from her home in dissertation Ayer, via Route 111, to Groton center. Evan died of his injuries later that afternoon. The defendant was subsequently charged with operating under the thesis influence, operating to endanger, and education dissertation felony motor vehicle homicide.1. What To Write? It was the Commonwealth#8217;s theory of the case that the defendant, who had been prescribed a number of dissertation medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at least one, and that her truck veered out of her lane of travel and onto the sidewalk where Evan was traveling. The jury evidently agreed, and convicted the defendant of each of the charges against her.

The verdict of felony motor vehicle homicide (G.L. c. 90, §24G) required findings by of descriptive essays the jury both that the defendant operated her vehicle negligently or recklessly so that the lives or safety of the public might have been endangered, and that she was under the influence of an music dissertation intoxicating substance (on the Commonwealth#8217;s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to thinking questions to nursing, each of these findings is education dissertation therefore reviewed in turn. A. Evidence of Operating to Endanger. No third party witnessed the types accident. Evidence as to education dissertation, negligent or reckless operation therefore consisted principally of the types essays expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by music education dissertation the Commonwealth, and Wilson G. Dobson, P.E., called by 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 narrative essays methods and formulae commonly used in accident reconstruction, that the dissertation point of impact was well onto the sidewalk immediately adjacent to the defendant#8217;s lane of narrative essays for college travel, and that the truck therefore must have left the roadway and traveled on the sidewalk.2 Mr. Dissertation? Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the impact.

The Commonwealth#8217;s evidence, while it may not have compelled a finding of negligence, certainly warranted it. The jury#8217;s verdict on this point was adequately supported by types of descriptive essays the evidence. B. Operating Under the Influence. The #8220;operating under#8221; element of the OUI (G.L. c. 90, §24) and vehicular homicide (c.90, §24G) statutes require, for a conviction, that the defendant have been operating her motor vehicle #8220;while under the music education dissertation influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. Warming? 94C, §1], or the vapors of glue.#8221; As noted above, the education dissertation Commonwealth contended that the defendant was under the influence of one or more of three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to republic essay, herein collectively as the #8220;scheduled medications#8221;). The first two are depressants; the dissertation last, a narcotic.3. There was no direct evidence as to css selectors, when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to whether any were in her system, or in what quantity. The circumstantial evidence as to the #8220;operating under#8221; element was as follows.

1. CVS Pharmacy records. CVS Pharmacy records for the period May 26, 2001 and September 27, 2001 showed that the defendant had filled prescriptions for the scheduled medications on the following dates: Date Dosage Quantity. Date Dosage Quantity. OXYCODONE with APAP. Date Dosage Quantity. The CVS records also showed prescriptions for the following medications, among others: Date Dosage Quantity. Education Dissertation? 8/17/01 100 mg.

15. Date Dosage Quantity. Date Dosage Quantity. Although there was evidence (see below) that the latter three medications may affect driving ability, none is a controlled substance, or otherwise falls within the OUI and vehicular homicide statutes. Even if the defendant were impaired by one or more of narrative essays these medications, therefore, she would not have been #8220;operating under the influence#8221; within the meaning of education these statutes, unless she was also impaired by one or more of the scheduled medications. 2. Testimony of homework Dr.

Abela. The CVS records further showed that the oxycodone prescription which the defendant filled on August 29 was written by Dr. Dissertation? Andrew Abela. Dr. Abela, a dentist, testified that on August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to essays, his office for dissertation, tooth pain. Help? He extracted a lower molar, and education gave her the oxycodone prescription at 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 minimum narcotic needed to control pain; and that they should not drive if they have taken a narcotic because it can cause drowsiness. He further testified that patients who have had a tooth extracted sometimes experience #8220;dry socket#8221; three to five days after the republic congo essay procedure, which can cause pain to flare up at that time.

Extraction of music a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for global warming to write, dry socket. 3. Package Warnings. The CVS records included copies of the #8220;monographs#8221; that CVS, when filling a prescription, produces and staples to the bag containing the pill bottle. The monograph sets forth patient information in paragraphs headed #8220;USES,#8221; HOW TO USE,#8221; SIDE EFFECTS,#8221; PRECAUTIONS,#8221; DRUG INTERACTIONS,#8221; OVERDOSE,#8221; NOTES,#8221; MISSED DOSE,#8221; and #8220;STORAGE.#8221; Each monograph is lengthy (about half of an 8? ? 11 page of fairly small type). The following are excerpts from the music education monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and dizziness. Avoid tasks requiring alertness. Other side effects may include: stomach upset, blurred vision, headache, confusion, depression, impaired coordination, change in heart rate, trembling, weakness, memory loss, hangover effect (grogginess), dreaming or nightmares. #8230; SIDE EFFECTS: This drug can cause drowsiness, dizziness, lack of coordination, grogginess, headache, nausea, dry mouth, blurred vision.

If these effects continue or become severe, contact your doctor. Notify your doctor if you experience any of these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. Democratic Republic Essay? If you notice other effects not listed above, contact your doctor or pharmacist. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness. #8230; SIDE EFFECTS: This medication may cause constipation, stomach upset, lightheadedness, dizziness, drowsiness, nausea, or flushing. If any of these effects persist or worsen, contact your doctor or pharmacist promptly. Tell your doctor immediately if you have any of these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. #8230;. PRECAUTIONS: #8230; Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Dissertation? Evidence as to narrative essays, Therapeutic and Side Effects. As outlined below, with the exception of oxycodone (a narcotic pain medication), the other scheduled and the three unscheduled medications are all prescribed in education dissertation the management of experts various psychiatric conditions and/or insomnia. In recorded statements she gave to the police on September 2 and 6, 2001 (both of which were played for the jury), the defendant stated that she had undergone a miscarriage on May 19 of that year; suffered from post-traumatic stress disorder; and had twice attempted suicide (most recently on August 21, which had resulted in her admission to Emerson Hospital#8217;s psychiatric unit from then until the 29th).

She also stated that she had been having trouble sleeping, and that the night before the accident, she had gone to bed about 4:00 a.m., rising about 9:00 a.m. The Commonwealth#8217;s medical expert (Dr. Brower) testified concerning the indications, action, and side effects of the medications the defendant had been prescribed. Of the scheduled medications: 1. Music Dissertation? Oxycodone (Percocet) is a narcotic analgesic, derived from the opium plant and used for moderate to severe pain. Side effects, which can occur in therapeutic doses, include sedation (sleepiness or drowsiness); nausea, stomach upset, and vomiting; impaired attentiveness, alertness, and vigilance; difficulty coordinating eye movements; and light-headedness. • Diazepam (Valium) is an a benzodiazepine prescribed for anxiety and sometimes for warming what, insomnia. It metabolizes, and affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and accumulate with repeated dosing, chronic use can produce longer-lasting effects after each dose. Side effects, which can occur in therapeutic doses, include: impairment of cognitive and motor functions, especially fine motor coordination; confusion and problems with thinking; drowsiness and lassitude; dizziness, lightheadedness, and education dissertation poor coordination. • Lorazepam (Ativan) is another benzodiazepine with indications and effects similar to democratic republic, diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and motor functions, and drowsiness. A single dose can affect the education dissertation patient for up to 24 hours.

Two milligrams is the maximum dose normally prescribed, and narrative for college is a sedating dose. Dissertation? Of the critical related to nursing non-scheduled drugs that the music education plaintiff was also prescribed: • Topomax is an anti-seizure medication sometimes prescribed #8220;off label#8221; to warming what to write about, control mood disorders. Side effects can include somnolence, fatigue, and dissertation blunted mental reactions. • Effexor is an antidepressant, also used in types essays generalized anziety disorder. Side effects can include nausea, dizziness, and music dissertation insomnia or somnolence, but not impairment of psychomotor skills. • Zyprexa is democratic congo essay used to treat severe insomnia.

Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the three scheduled medications produce quick relief of dissertation acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged #8220;PRN#8221; (as needed) use. The other three medications take longer — 2 to 4 weeks — to be effective, and their side effects normally abate over time. Dr.

Brower opined, in experts response to hypothetical questions which assumed the Commonwealth#8217;s view of how the accident happened (i.e., that the truck left the roadway for the sidewalk), that such things as difficulty keeping a vehicle on a straight course, delayed reaction time, and reacting to dissertation, an emergency erratically or at the last minute, are consistent with the critical questions related to nursing effects of the three scheduled drugs. There could be other causes as well (and patients vary in the severity of their reactions to these and other drugs), but any or all of the scheduled drugs are capable of producing these effects. Education? Topomax, Zyprexa, and (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the global warming to write about scheduled drugs. 5. Defendant#8217;s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. Music? In chronological order: 1. Ricardo Alcantara, who happened on the scene just after the narrative accident and helped the plaintiff out of her truck, testified that the defendant told him she was on multiple medications; that she opened her purse and music dissertation showed him #8220;quite a few bottles#8221;; and that he overheard her tell an EMT who responded that she was on six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the for college aid of his report) that the defendant told him she was on Effexor, Topamax, Ativan, and Zyprexa.

3. Music? Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center). His record notes, among the defendant#8217;s #8220;current medications,#8221; percocet and valium #8220;PRN#8221; (i.e., as needed). This was in response to the question he asks every patient,#8221; What medications are you currently taking?#8221; 4. In her September 2, 2001 and September 6, 2001 recorded statements to narrative essays for college, the Groton Police, the defendant said she had taken her medications the morning of the accident. She stated that she had not driven, or been out of the house, for two weeks prior to the accident (excepting her stay on a locked floor at Emerson Hospital). She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. Music Education? She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Topomax (#8220;I take two#8221;) — and that #8220;If I went without them, I#8217;d be a fruit loop.#8221;5 She took her Effexor shortly before leaving the house the day of the types essays accident. She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on September 1. She never mentioned diazepam, lorazepam, or oxycodone in her statement to the police. 6. Descriptions of the Defendant#8217;s Affect. Five witnesses testified as to the defendant#8217;s affect, as it bore on the question of possible impairment from music education dissertation drugs. 1. Blumenthal testified that as far as he could tell, the defendant was not #8220;grossly#8221; affected by narrative drugs or alcohol.

2. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and went to see if the defendant needed help. She assessed her for head injury, and noted that she appeared alert, not drowsy, able to focus, oriented, unimpaired in speech, and able to follow the directions of the EMTs. 3. Steven Mickle, with the Groton rescue squad and 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 be alert and music education dissertation oriented #8220;times 3#8243; (i.e., oriented to 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 influence.#8221; He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to essays for college, taking Ativan and Percocet, the presence of education dissertation these substances in a blood or urine sample would have been uninformative).6. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the first responders, testified that he saw the defendant at the scene; that he has known her since she was a little girl; and that in his opinion, she was under the influence of something. Homework? 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 music education dissertation the scene that she had swerved into the other lane (leftwards) to avoid the bicyclist. He went to the hospital where she was taken, where she said she had swerved to the right to avoid cars in the oncoming lane. Hatch asker her if she remembered telling him she had swerved to the left; she said she did not. 7. Erratic Driving.

There was also the evidence of the defendant#8217;s erratic driving the types essays day of the accident. As mentioned above, there was evidence from education dissertation which the jury could have concluded that the accident occurred when defendant#8217;s vehicle left her lane of travel and types swerved onto the sidewalk, into 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 the sun; the road took a gradual curve to the left where the defendant drove off it to the right; and the jury could have discredited her statements both that she swerved right to avoid cars and that she swerved left to avoid the bicyclist. There was also testimony from two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away. The defendant was coming from music education her home in Ayer, northbound on Route 111 (known as Groton School Road in Ayer and Farmers Row in global warming about Groton), to dissertation, Groton Center (with a brief stop to drop off a video at a friend#8217;s house on the way). George Krusen and Barry Curcio, who were driving together south on homework help Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at a high rate of speed in the opposite (northbound) lane. Music? As they and the truck approached one another at a curve in the road, the of descriptive essays truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road.

It did not slow down, and was in their lane for dissertation, several seconds before veering back into democratic republic essay the correct lane of travel. Krusen, who was driving, slowed down and avoided a collision by dissertation just a foot or two. In her September 6 statement to the police, the defendant stated that the narrative only significant event on her drive from Ayer to Groton was that her sandal #8220;fell off once#8221; in the general area of the incident described by Krusen and dissertation 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 the request of the Groton police, viewed the truck after the global warming about accident at the garage where it had been towed. Krusen (the driver) told the police he did not think the truck in music 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 warming to write same truck. The time, place, and descriptions of the encounter were such that the jury would have been warranted in music dissertation concluding that the driver was the defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the critical thinking related accident with Evan Holofcener.9. A. Renewed Motion for Required Finding. The defendant moved for a directed finding at music education the close of the Commonwealth#8217;s case.

At that point, as required, I reviewed #8220;whether the evidence presented up to the time of a motion for a directed verdict [was] legally sufficient to permit the css selectors submission of the case to education dissertation, the #8230; jury, to decide the questions related innocence or guilt of the accused.#8221; Commonwealth v. Music? Latimore, 378 Mass. 671, 676 (1979). I determined that although the evidence that the defendant was under the influence of any of the scheduled medications at the time of the accident was entirely circumstantial, there was enough to warrant submitting the case to the jury. The defendant has now renewed her motion, requiring me (a) to look again at of descriptive essays whether the music dissertation Commonwealth#8217;s case was sufficient, and essays (b) #8220;to determine whether the Commonwealth#8217;s position as to music, proof had deteriorated since it had closed its case.#8221; Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the evidence in the light most favorable to the Commonwealth.

Latimore, 378 Mass. at 677-78; Commonwealth v. Torres, 24 Mass. App. Ct. 317, 323-24 (1987). #8220;[T]he critical inquiry on of descriptive review of the sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed on reasonable doubt, but to determine whether the record evidence could reasonably support a finding of music education guilt beyond a reasonable doubt. #8230; [The] question is congo whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.#8221; Thus, to music, sustain the denial of a directed verdict, it is not enough #8230; to find that there was some record evidence, however slight, to support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of fact of each such element beyond a reasonable doubt. Latimore, 378 Mass. at 677-78, quoting Jackson v. Virginia, 443 U.S. 307, 318-319 (1979); see Torres and Commonwealth v. Doucette, 408 Mass.

454, 456 (1990) (both applying the Latimore / Jackson standard of appellate review to trial judge#8217;s review of css selectors motion for music education dissertation, directed finding). As noted above, in republic essay the discussion of the facts, Trooper Alvino#8217;s testimony placed the defendant#8217;s truck on the sidewalk, out of her lane of travel and in the path of an oncoming cyclist, with no apparent explanation to education dissertation, be found in road, traffic, weather, or lighting conditions. This was sufficient to css selectors, convict for operating to music dissertation, endanger. See, e.g., Commonwealth v. Siciliano, 420 Mass. 303, 307-08 (1995) (#8220;evidence that the defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and republic essay forth across the roadway, and education dissertation nearly struck a traffic island#8221; was sufficient); Commonwealth v. Bergeron, 398 Mass. 338, 340 (1986) (a finding of ordinary negligence suffices for the operating to endanger element of vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger).

Eyewitness evidence as to homework, the operation of the truck before the education dissertation accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983). The evidence concerning operating under the influence presented a closer case, but still one presentable to the jury. To succeed on this element, the Commonwealth was required to prove beyond a reasonable doubt that one or more of the scheduled medications, through its effect on the defendant#8217;s #8220;judgment, alertness, and ability to respond promptly and effectively to unexpected emergencies,#8221; diminished her #8220;ability to essays for college, operate a motor vehicle safely.#8221;10 Commonwealth v. Connolly, 394 Mass.

169, 174 (1985). Dissertation? A scheduled medication need not have been the css selectors sole or exclusive cause of the defendant#8217;s diminished ability to drive safely, so long as is was a contributor. #8220;It is education enough if the defendant#8217;s capacity to operate a motor vehicle is diminished because of [a substance listed in the statute], even though other, concurrent causes contribute to that diminished capacity.#8221; Commonwealth v. Stathopoulos, 401 Mass. 453, 457 (1988). From the evidence summarized above, the jury could have concluded: 1. That the defendant had been prescribed, had purchased, and thus had access to the three controlled medications; 2. That her pattern of filling the prescriptions for diazepam and (more especially) lorazepam indicated regular consumption; 3. That the recency of her filling prescriptions for 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 the night of August 31, from insomnia (an indication for lorazepam) — indicated recent enough consumption to have affected her on September 1; 4. Critical? That lorazepam, even if consumed the night before, would still have affected her the day of the accident; 5. That the steadily diminishing list of medications given by the plaintiff following the accident — and the omission of the three controlled medications in education dissertation her statements to the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. Of Descriptive Essays? 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 any reasonable explanation for music dissertation, either, was evidence of impairment due to intoxication; 7. That the fact that the defendant was under the influence of prescription medications, rather than alcohol or a common drug of abuse, made it difficult for most of the essays for college witnesses who evaluated the defendant#8217;s affect after the accident to detect impairment; 8. That the music description of the for college defendant#8217;s affect by Officer Hatch, who had known her for dissertation, most of her life, was consistent with the sedating effects of narrative essays for college all three controlled medications; and. 9. That the dissertation plaintiff was adequately advised of the sedating and impairing effects of he controlled medications, such that her intoxication was voluntary (see Commonwealth v. Darch, 54 Mass. App.

Ct. 713 (2002) and Commonwealth v. Global Warming? Wallace, 14 Mass. App. Ct. 358, 360 (1982)). As noted above, the music case lacked direct evidence that the democratic essay defendant had taken any of the controlled medications recently enough to be impaired by them, and it lacked direct evidence of what concentrations she had of any of them.

Even the direct evidence of signs of intoxication in the defendant#8217;s affect was thin, though perhaps explicably so (see ¶7 above). From the evidence that was presented, however, the jury had enough to music education dissertation, conclude that the defendant had access to democratic republic, the drugs; that she had taken oxycodone recently and lorazepam both recently and regularly; that she appreciated the music education dangers of the controlled medications, both medically and (by the time she spoke to the police) legally as well; and that her erratic and dangerous driving on the day of the accident lacked any reasonable explanation other than impairment by one or both of these drugs. Homework? This was enough to convict. The question of guilt cannot be left to conjecture or surmise. Music Education Dissertation? #8230; However, circumstantial evidence is democratic republic essay competent to establish guilt beyond a reasonable doubt. An inference drawn from circumstantial evidence #8220;need only be reasonable and possible; it need not be necessary or inescapable.#8221; Moreover, the evidence and the permissible inferences therefrom need only be sufficient to persuade #8220;minds of ordinary intelligence and education dissertation sagacity#8221; of the defendant#8217;s guilt. Fact finders are not #8220;required to divorce themselves of common sense, but rather should apply to facts which they find proven such reasonable inferences as are justified in the light of narrative essays for college their experience as to dissertation, the natural inclinations of about human beings.#8221; To the extent that conflicting inferences are possible from the music evidence, it is for the fact finder to homework help, resolve the conflict. Commonwealth v. Gilbert, 423 Mass. 863, 868 (1996) (citations omitted). B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of music education Criminal Procedure provides as follows:

Motion After Discharge of essays Jury. If the motion [for a required finding of education dissertation not guilty] is to write denied and the case is submitted to the jury, the motion may be renewed within five days after the jury is discharged and music may include in the alternative a motion for a new trial. If a verdict of guilty is returned, the judge may on motion set aside the verdict and order a new trial, or order the entry of a finding of not guilty, or order the entry of a finding of guilty of any offense included in democratic republic congo essay the offense charged in dissertation the indictment or complaint. The Rule incorporates the statutory authority conferred by G.L. c. 278, §11. In a recent (and celebrated) discussion of this authority, the narrative essays SJC noted, The authority of the trial judge under rule 25(b)(2) to music, reduce the verdict or grant a new trial in criminal cases is much like our authority to review so-called capital cases — convictions of murder in the first degree — under G.L. c. 278, § 33E. The postconviction powers granted by the Legislature to narrative essays, the courts at both trial and appellate levels reflect the evolution of legislative policy promoting judicial responsibility to ensure that the result in every criminal case is consonant with justice.

It is clear that the responsibility may be exercised by the trial judge, even if the evidence warrants the jury#8217;s verdict. #8220;[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury#8217;s verdict.#8221; The judge#8217;s option to education, reduce a verdict offers a means to rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge#8217;s power under rule 25(b)(2), like our power under G.L. c. 278, §33E, may be used to ameliorate injustice caused by the Commonwealth, defense counsel, the jury, the judge#8217;s own error, or #8230; the interaction of several causes. Commonwealth v. Woodward, 427 Mass. Narrative? 659, 666-67 (1998). As the trial judge in music dissertation 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 critical questions to nursing 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 education dissertation level of narrative essays guilt #8230;. The facts, as well as the music law, are open to consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that #8220;[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in fact used their rule 25(b)(2) power infrequently.#8221; Id. at 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 role of democratic thirteenth juror#8221; or to #8220;second guess the jury#8221;). Perhaps not surprisingly, it appears that the verdict-reduction power is exercised most frequently — as in Woodward — to walk the education dissertation #8220;fine line[s]#8221; between the forms of malice required for the various degrees of homicide.12 427 Mass. at 669. The defendant offers two reasons for a reduction of the verdict in this case, from felony to misdemeanor vehicular homicide (i.e., setting aside the finding as to thinking questions related, operating under and music education leaving intact the finding as to operating to endanger): 1. The lack of any direct evidence, or of overwhelmingly compelling circumstantial evidence, that the critical related to nursing defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the accident; or that her driving ability was actually impaired; and. 2. The lack of dissertation any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the defendant frames, in part, as an argument for narrative essays for college, #8220;involuntary intoxication#8221;). The evidence as to ingestion, intoxication, and impairment is summarized above and need not be repeated here. It was, as the music education dissertation defendant characterizes it, #8220;slim,#8221; at least in the sense that there was no single piece of of descriptive evidence of which one could say that if accepted as true, it virtually compelled a finding of intoxication by a controlled medication. That said, there was a good deal of circumstantial evidence which, taken in its entirety, is difficult to education, discount. Perhaps the strongest single piece of evidence came, not from medicine or from pharmacology, but from physics and global what to write accident reconstruction.

If one accepts the conclusion of Trooper Alvino that the truck was on the sidewalk at the point of music education impact — which the jury were not required but were entitled to do — there might be a variety of explanations for it, but the only one to be found anywhere in the evidence is global what about that of intoxication. If one also accepts the testimony of Krusen and Curcio (including the identification furnished by music dissertation the latter) — as the jury were also entitled to do — this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in the evidence. A loose sandal might explain the Krusen-Curcio incident alone — though even this is undercut by democratic republic congo the defendant#8217;s disclaimer of any problem resulting from music education dissertation it — but it does little to republic congo, explain a course of reckless driving, which endangered two lives and took a third, and which persisted or was repeated over the course of several minutes and several miles. When combined with evidence of the defendant#8217;s access to, her apparent pattern of using, and the likely effects of the controlled medications, and with Officer Hatch#8217;s description of her affect after the accident, the conclusion which the jury drew, beyond a reasonable doubt, was a reasoned and rational one. As noted above, the verdict-reduction power conferred by G.L. c. 278, §11 and Rule 25(b)(2) is most often exercised in education dissertation order to narrative essays for college, navigate the murky — and music notoriously difficult, even on a jurisprudential level — world of human intent in thesis homicide cases. These are cases in which the music education dissertation law, for thesis, reasons of social utility and fairness, requires a jury#8217;s pronouncement upon what many would argue is inherently unknowable. Music Education? Some room for reflection and correction is necessary, in all cases but especially in help these.

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 music education dissertation a controlled medication — was an types of descriptive ascertainable fact. Its determination on the evidence presented in this case was not a simple or an music easy task, to narrative essays, 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. Music? Trial presentations for both sides were excellent. Critical To Nursing? I do not think the jury#8217;s verdict represented a miscarriage of music dissertation justice. The defendant#8217;s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the conduct which G.L. c. 90, §§24 and democratic congo essay 24G make criminal. Her argument to the contrary notwithstanding, neither the statutes, nor the conviction in this case, criminalizes the defendant#8217;s mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is education getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances. The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to do so safely (for operating under), and that she thereby caused the death of another person (for vehicular homicide).

Impairment by a prescription drug may be as dangerous as impairment by alcohol or a drug of abuse (which for some drugs is precisely the reason a prescription is required). The statute aims to experts, keep the impaired driver off the road in either case. While there are undoubtedly degrees of culpability to music education dissertation, be reckoned with, these are best addressed — and will be addressed in essays this case — in sentencing. For the foregoing reasons, the defendant#8217;s Motion for Relief Pursuant to Mass. Dissertation? R. Crim. P. 25(b)(2) is help experts DENIED. The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. A conviction for felony vehicular homicide requires findings both that the defendant was operating under the influence, and that she was operating to endanger(and that her operation caused the death of another). Misdemeanor vehicular homicide requires a finding either of music operating under or operating to congo, endanger, resulting in death.

Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide. Education? 2. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Lanigan, 419 Mass. 54 (1994), of Trooper Alvino#8217;s testimony. It was my assessment that the scientific methods employed, and their application to this case, were sufficiently reliable to warrant admission of essay Trooper Alvino#8217;s testimony. 3. With respect to diazepam and lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth#8217;s request, that these are #8220;depressants,#8221; because they appear on the attorney general#8217;s list of controlled substances, incorporated by reference into c. Music Dissertation? 94C, §1 and thereby into c. 90, §§24(a) and related 24G(a). Oxycodone#8217;s status as a narcotic was established by the testimony of the Commonwealth#8217;s medical expert, Dr.

Brower. 4. Dr. Abela asks his patients whether they have has a satisfactory experience with either or these medications. Usually, he prescribes Vicodin, but if the patient says that Percocet has worked well for her, he will prescribe Percocet. 5. She also stated that her dosages had been increased while she was in the hospital, and that this at first caused her to music education, feel #8220;out of it#8221; and to sleep a lot, but that #8220;now they have no effect on me, and I#8217;m fine.#8221; In testimony that I excluded (after first asking if the defendant wished to waive the thesis privilege which she had successfully asserted to exclude all prescribing information and warnings given by music education her psychotherapists, and being advised that she did not), she added that #8220;the doctor said that it was completely fine for me to be driving on them, because I asked him yesterday #8230; and he said it was fine.

He said they have no effect on your driving.#8221; 6. Warming To Write? Dr. Balser and the police witnesses were in agreement that the education dissertation decision whether or not to test for intoxication is a medical one, made by the physician and not under the narrative direction of law enforcement. 7. This description of the defendant#8217;s affect could be interpreted as at least generally consistent with the description, given by Dr. Brower, of the calming and sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the effects of music dissertation these medications would be less familiar to congo essay, a layperson, including a police officer, than the music 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 difficult to essays for college, describe beyond a #8220;very dark green with something mixed in#8221;; the driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking #8220;intense.#8221; 9. 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 music dissertation defendant#8217;s ability to drive. Thesis Css Selectors? #8220;[W]hen the Commonwealth introduces at trial evidence of alternate incidents that could support the charge against the defendant, the jury must unanimously agree on education dissertation which specific act constitutes the offense charged.#8221; Commonwealth v. Essays? Kirkpatrick, 423 Mass. 436, 442 (1996), cert. denied 519 U.S. 1015 (1996). Here, there was evidence of education ingestion of multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle. Massachusetts law is less than clear (to this judge at critical thinking questions least) as to whether a specific unanimity instruction was required in a case such as this.

11. 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 therefore, preoccupied. 12. The SJC noted in 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 these cases (cited in note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to music education, possession with intent to distribute. Operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license. 57 Mass. App. Ct. Homework Experts? 80.

Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Esther J. Horwich, Boston, for the defendant. Jeremy C. Music Dissertation? Bucci, Assistant District Attorney, for the Commonwealth. Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ. The defendant appeals from the related to nursing revocation of his probation, based on evidence that he was operating a motor vehicle under a suspended license.

Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to sufficient facts to warrant a finding of guilty on a charge of operating a motor vehicle under a suspended license. The judge continued the case without a finding and music dissertation placed the defendant under the supervision of republic congo essay a probation officer on terms that, among others, required that he #8220;obey all court orders and local, [S]tate and [F]ederal laws#8221; until May 19, 2000. On January 2, 2000, the education dissertation defendant was stopped by the Mashpee police on thinking questions related his way home from a football game. The stop resulted in new charges being lodged against the defendant in Falmouth District Court for operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license. The new offense triggered the issuance of a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the terms of music education his probation because of the republic congo essay new complaint. After a hearing on March 3, 2000, the judge found that the defendant had violated the education terms of his probation on critical questions to nursing the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day.

The judge entered a guilty finding,1 and modified the terms of dissertation probation by extending the probationary period to one year from the date of the hearing and imposing a suspended, ten-day house of correction sentence.2. On appeal, the defendant argues that the entry of a guilty finding and critical thinking related to nursing the order modifying the terms of his probation should be reversed because (1) the grounds stated as the music education reason for revoking his probation were different from those for essays, which he had received written notification; (2) the defendant#8217;s admission was unreliable, because the police officer who testified was unsure of the exact statement, and because it was contradicted by other information contained in the police reports; (3) the admission was insufficient, as a matter of law, to support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the product of voluntary actions, because at the time of the music admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings. We affirm the revocation decision. We summarize the relevant facts as presented at the revocation hearing. On January 2, 2000, Officer Jon Read of the Mashpee police department was traveling northbound on Route 130.

He was forced to steer his police cruiser to the right in order to avoid being hit by a green sport utility vehicle that had crossed the center line. Read testified at the hearing that he was unable to narrative essays for college, see who was driving or how many people were in the vehicle. He turned his cruiser around and headed southbound on music dissertation Route 130 in search of the vehicle. Read found it parked at the side of the road. Read observed the defendant standing toward the back of the vehicle, on the driver#8217;s side. Congo Essay? Read stopped, exited, and walked toward the defendant.

As Read approached, the defendant walked to education dissertation, the passenger side of the global warming vehicle, sat in the passenger seat, and began to look through the glove box. Read asked the defendant where the driver was; the defendant did not respond.3 At about that time, another individual, Kevin Crosby, the music education 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. Read observed food and a cooler with numerous beers in it in the rear of the vehicle. Read determined that the defendant was the owner of the vehicle. Read determined that both the defendant and Crosby were under the influence of alcohol, and placed both in protective custody. Critical Thinking To Nursing? Officer Paul Coronella was called and arrived at the scene.

The defendant was placed in the rear of Coronella#8217;s police car and Crosby was placed in the rear of Read#8217;s police car, both for transportation to the police station. En route to dissertation, the station, Crosby had a conversation with Read in which Crosby stated that the defendant was the driver. When Read arrived at the station with Crosby, he informed Coronella that Crosby had implicated the defendant as the homework driver. Read obtained a signed, written statement from Crosby that the defendant was the 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 intoxicating liquor. A breathalyzer test revealed the defendant to have a blood alcohol reading of .16.

Officer Sean Sullivan, who had been called to inventory the contents of the music defendant#8217;s vehicle at critical thinking related the scene, stated in his report that, at the station, he noticed that both the defendant and Crosby #8220;exhibited extreme symptoms of intoxication.#8221; Coronella#8217;s report of the booking procedure stated that the defendant was read and understood his Miranda rights. Read testified that he believed he remembered that the defendant had been read his rights at music education dissertation that point. According to 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. Both Coronella#8217;s and Read#8217;s reports explain that the defendant answered that he drove from his house in Brockton to types of descriptive, his son-in-law#8217;s, Crosby#8217;s, home in East Bridgewater. Crosby then drove the defendant#8217;s vehicle to the game.

When pressed on this point during cross-examination, Read testified that he had no memory of the defendant telling him that his sister had given him a ride to Crosby#8217;s house, but acknowledged that it was #8220;possible#8221; the education dissertation defendant had made such a comment. The judge did not credit Crosby#8217;s statement, as related by Officer Read, that the global about defendant had been driving the vehicle at the time it was stopped. Rather, the judge credited the defendant#8217;s admission, as reported by Coronella and Read, that he had driven from his house to Crosby#8217;s house, the music first leg of the trip to the football game.4. On these facts, the defendant raises several issues implicating due process; we find no merit to his contentions and warming to write about we affirm. Written Notification. Education? The defendant first argues that the written notice of surrender referenced only the two charges for which he was arrested by the Mashpee police, and global warming what to write about contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosby#8217;s home under a suspended license. 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. We agree with the defendant that the written notice was limited on its face to the two charges filed in connection with the incident that occurred on music education dissertation Route 130, and help experts that the education dissertation notice of violation of probation did not include mention of his operating the motor vehicle on a public way earlier in the day.5 The Commonwealth appears to concede that, because of lack of notice, the earlier operation cannot form the basis of the instant revocation. We disagree.6. Types Of Descriptive Essays? While there can be no doubt that written notice of the claimed violations are included among the education #8220;minimum requirements of democratic republic congo due process,#8221; Commonwealth v. Durling, 407 Mass.

108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an inflexible concept. Ibid. Flexibility is important both to insure the offender the opportunity inherent in the grant of conditional liberty that probation affords, and to insure the Commonwealth the ability to deal expeditiously with a violation of that opportunity. See id. at music education dissertation 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001).

A probation revocation is not a criminal prosecution. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. In this case, the written notice did not specifically state the basis upon which the critical thinking questions related judge based the revocation. The defendant#8217;s admission, however, of having driven the vehicle earlier in the day was included in the police reports that were generated in relation to the charges listed on the notice of probation violation. In any event, assuming that the failure to specifically enumerate the misconduct on the face of the notice constitutes error, the issue remains whether the defendant was afforded due process. Education? We conclude that the actions of defense counsel in introducing the issue at the inception of the hearing, and in vigorously cross-examining the officer on the issue, amply support the conclusion that any error here was harmless. For example, at the opening of the hearing, counsel indicated that the defendant#8217;s principal concern was with the warming to write then-pending operating under the influence charge. With respect to the remaining issue, operating after suspension of license, she indicated a willingness to admit if the court were to accept a recommended disposition on music education the probation violation.

After discussion about a possible disposition, counsel told the judge the following: #8220;There is what about 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 admitting that he did. I#8217;m not saying that is his position, but in education dissertation the police report it indicates something to that effect. #8220;If we could just go forward with regard to that issue and thesis css selectors not stipulate to education dissertation, the OUI, it would still be a technical violation.#8221; (Emphasis supplied.) At a later stage in what the proceeding, counsel engaged in vigorous cross-examination of the officer with regard to education, the defendant#8217;s statement that he had driven the car earlier in the day, and essays went so far as to music, elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby#8217;s house. Narrative Essays? Counsel was amply prepared at the start of the hearing to dissertation, consider the issue of the defendant#8217;s admitting to the first occasion of driving after suspension of his license. On the facts of this case, the questions defendant is unable to demonstrate prejudice resulting from any lack of notice, and this failure to music education, show prejudice is fatal to his claim of error. See Delisle v. Essays For College? Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. Streeter, 50 Mass.App.Ct. 128, 131-132, 735 N.E.2d 403 (2000).

Exclusion of the evidence. Music Dissertation? The defendant next contends that his admission to police that he had been driving earlier in the day should have been excluded because (a) the statement was made either prior to his being given his Miranda warnings or, if made after the warnings, his waiver was not knowing, voluntary, or intelligent due to his state of intoxication; (b) again due to his state of intoxication, the statement was not made voluntarily for the purposes of the narrative Fifth and Fourteenth Amendments to the United States Constitution and art. Music Education Dissertation? 12 of the Massachusetts Declaration of types of descriptive essays Rights and therefore should not have been considered; and (c) the alleged admission was unreliable and insufficient to education dissertation, form the basis of the probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. Essays For College? We disagree with all three contentions. (a) Miranda issue. Contrary to the defendant#8217;s contention, the evidence adduced at dissertation the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the types basis of the violation. The record shows that the conversation reported by Coronella, in which the defendant admitted to driving the vehicle that morning, took place after the music education dissertation defendant had been given his warnings; Read#8217;s testimony at the hearing supports this version of css selectors events.8. Dissertation? Moreover, even were we to help experts, agree that the defendant#8217;s admission was obtained prior to dissertation, his being given his Miranda rights, the statements were admissible. Following the rationale established in United States v. Calandra, 414 U.S. 338, 94 S.Ct.

613, 38 L.Ed.2d 561 (1974), and in certain other Federal cases dealing with the use of evidence obtained in violation of the for college Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. Education? 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by types of descriptive essays a defendant were properly suppressed at music dissertation trial as having been obtained in violation of the thesis defendant#8217;s Miranda rights, those same inculpatory statements, perhaps subject to certain considerations not present here, might properly provide the basis for a probation surrender. Where, as here, the primary focus of the police inquiry, including the arrest of the defendant and Crosby for reasons of protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of education dissertation driving under the influence, the exclusion at a probation revocation hearing of the defendant#8217;s statement would be unlikely to serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass. Types? 491, 493-494, 541 N.E.2d 1003 (1989).

See also Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. (b) Fifth and Fourteenth Amendment voluntariness. Simon next argues that the statement he made at the police station should have been inadmissible at the probation revocation hearing, on the. Music Education Dissertation? basis that it was not made voluntarily due to his intoxication, and therefore was taken in violation of his Fifth and Fourteenth Amendment due process rights. The defendant#8217;s claim of intoxication, standing alone, is insufficient to establish that his statement was involuntary. See Commonwealth v. Griffin, 19 Mass.App.Ct. 174, 183 #038; n. 8, 472 N.E.2d 1354 (1985). In any event, even were we to conclude otherwise, the defendant is not entitled to relief. In the context of narrative a criminal trial, where evidence of intoxication has been presented, and the voluntariness of statements is in issue, even where there is no question that Miranda warnings were given before a defendant made admissions, a trial judge is obliged to make an affirmative finding on the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is allowed to consider them. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct. 364, 366, 720 N.E.2d 834 (1999).

See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (#8220;special care is taken to review the issue of voluntariness where the music defendant claims to of descriptive, have been under the influence of drugs or alcohol#8221;). Such special care with regard to intoxication is music necessary; the United States Supreme Court has noted, #8220;as interrogators have turned to more subtle forms of psychological persuasion, courts have found the mental condition of the defendant a more significant factor in the `voluntariness#8217; calculus.#8221; Colorado v. Connelly, 479 U.S. 157, 164, 107 S.Ct. 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 global Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to Fourth Amendment violations.

In such circumstances, most Federal courts refuse to apply the exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the petitioner#8217;s probationary status. See United States v. Gravina, 906 F.Supp. 50, 53-54 (D.Mass. 1995).9 Nothing in the evidence here points to music education dissertation, 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 democratic republic congo 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (#8220;an element of constancy should be present in the type of harassment necessary to invoke the exclusionary rule#8230;. Music Education Dissertation? [W]here harassment may be a singular act, at help least some irregularity in the conduct of the police officials must be present#8221;).

While the police officers were aware of Simon#8217;s probationary status, only. two Federal jurisdictions exclude statements for this reason alone.10 See, e.g., United States v. Gravina, supra at 53-54. Education? See also note 9, supra. Further, the police had already placed the defendant under arrest for driving under the influence, and the record shows that their inquiry was targeted to of descriptive, elicit evidence in support of a conviction on that offense, rather than for the purpose of eliciting information by which probation could be revoked. Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (#8220;The Federal courts have concluded that, in music dissertation most instances, a police officer is primarily interested in obtaining evidence with which to convict a defendant. Revocation of probation is generally only a minor consideration, and therefore the risk that illegally obtained evidence might be excluded from such proceedings is likely to questions, have only a marginal additional deterrent effect on illegal police misconduct#8221;).

In addition, we note that the United States Supreme Court has drawn no distinction in its analysis of the #8220;voluntary#8221; waiver of the personal right against self-incrimination protected by the Miranda warnings on music the one hand, and the due process-based #8220;voluntariness#8221; of a statement protected by the Fifth and Fourteenth Amendments on the other hand. Critical Thinking Questions To Nursing? See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the Supreme Court #8220;cautioned against expanding `currently applicable exclusionary rules,#8217;#8221; into an area where they could serve little purpose in the protection of constitutional guarantees against police overreaching. See id. at 166, 107 S.Ct. 515, quoting from Lego v. Twomey, 404 U.S. 477, 488-489, 92 S.Ct. 619, 30 L.Ed.2d 618 (1972). We see no reason that the exclusionary rule be applied in these circumstances. #8220;In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of course to music, probation revocation proceedings because the `application of the exclusionary rule is restricted to those areas where its remedial objectives are thought most efficaciously served.#8217; See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Help? Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).#8221; Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. #8220;`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to the public.#8217; Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669.

Accordingly, the State has an overwhelming interest in being able to return an music education 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 his [or her probation].#8217; Morrissey [v. Brewer, 408 U.S. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)]. We weigh this overwhelming State interest in narrative essays admitting all reliable evidence against the deterrent purpose of the music education exclusionary rule.#8221; Commonwealth v. Olsen, supra at 493-494, 541 N.E.2d 1003. Democratic Essay? Thus, we conclude that the education exclusionary rule does not render the defendant#8217;s statement inadmissible, even were we to narrative, determine that the statement had been given involuntarily, when, as here, there is no evidence that the music education dissertation statement was the product of police harassment or the result of a police focus to obtain evidence specifically for a probation revocation hearing. Thesis Css Selectors? (c) Reliability of the admission.

Simon finally argues that the statement, that he operated the vehicle from his home to Crosby#8217;s home that morning, is insufficiently reliable, first because it is unsubstantiated by other corroborating evidence, and, second, because it is music hearsay, reported by one officer, and contradicted by other evidence in the hearing. Although a probation revocation hearing is not a criminal trial, and types essays the defendant need not be given the #8220;full panoply of constitutional protections,#8221; due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at music education dissertation 112, 551 N.E.2d 1193. The rules, however, are flexible; hearsay is css selectors admissible, and all reliable evidence should be considered. See id. at 113-117, 551 N.E.2d 1193. Even the right of confrontation may be denied if the #8220;hearing officer specifically finds good cause for not allowing confrontation.#8221; Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. Education? 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193.

At a revocation hearing, due process has the ultimate goal of providing an accurate determination as to whether revocation is to write proper. See Durling, supra at 116, 551 N.E.2d 1193. Here, there was ample evidence to music, 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 the police. No other explanation was offered of narrative essays for college how the defendant and his vehicle got from his home to education dissertation, Crosby#8217;s.11 The cases cited by the defendant in critical thinking to nursing 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 dissertation neither case was there anything at essays all to corroborate the admission. Music Education? As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for an admission in the context of 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 warming what to write about, driving earlier in the day, and that he had made a note of it in his police report. Education? Read was present at the hearing and subject to cross-examination. Thesis? The statement was an admission against interest made by the defendant to police officers at a time when the officers were investigating him for another alleged crime, operating under the education dissertation influence.

The defendant, though present in court, chose to help experts, remain silent. Music Education? Declarations against penal interest are admissible for the truth of the matters asserted. See Commonwealth v. Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at 516 (7th ed.1999). Essays? The hearsay was both credible and reliable.

Order revoking probation affirmed. 1. See, e.g., Commonwealth v. Villalobos, 437 Mass. 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to dissertation, sufficient facts, judge continues case without a finding, and defendant then fails to meet any conditions attached to of descriptive essays, the continuance, he may be found guilty and music dissertation 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 a guilty finding and the revocation of straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to of descriptive, the testimony given by Officer Read at the surrender hearing. Police reports filed after the arrest indicate a somewhat different answer to education, Read#8217;s initial questions. Thesis? Any variance is not material to our decision.

4. At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby#8217;s statement. In his written findings, the music dissertation judge noted that he found the defendant in types of descriptive essays violation based upon his operation after suspension. He also indicated that evidence on which he relied in making the finding included #8220;Mashpee police reports#8221;; #8220;Statement of Kevin Crosby#8221;; #8220;Mashpee P.O. Music Education Dissertation? 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 warming the judge#8217;s unequivocal statement that he was not relying on Crosby#8217;s statement, we adopt the view that the revocation was based on the defendant#8217;s admission that he had been operating the vehicle earlier that day. Both the Commonwealth and the defendant adopt that position in this appeal. 5. With respect to the alleged violations, the notice stated in music education full: #8220;You are hereby notified of the following alleged violation(s) of the warming to write probation order that was issued to music education dissertation, 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. Narrative Essays? after susp. lic.#8221; 6. The Commonwealth, having conceded that notice was defective, argues that, even though the trial judge indicated in his findings that he did not rely on Crosby#8217;s statement that the defendant was driving, there is ample additional circumstantial evidence to tie the defendant to the operation of the dissertation vehicle at the time of the stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealth#8217;s arguments in homework experts this regard. 7. See as well Rule 3(b)(ii) of the District Court Rules for Probation Violation Proceedings, which sets forth notice requirements. The rule went into effect four days prior to the notice of music education surrender. Homework Experts? 8. Coronella#8217;s report states in pertinent part: #8220;During the education dissertation booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. Css Selectors? [The defendant] was read his rights under [G.L. c.] 265 section 5a and stated that he wanted to take the education breath test. [The defendant] was given the test and the results were as follows#8230;. [The defendant] was again asked how he got to the #8230; game.

He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to the game.#8221; Read verified during his testimony at essays the hearing that the statements were made after Miranda warnings were read at music the station. 9. The United States District Court for Massachusetts explained: (1) the help experts Third, Fifth, Sixth, Seventh, Eighth, Ninth, and dissertation Tenth Circuits have refused to apply the exclusionary rule to evidence seized in violation of the Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an exception that such evidence is inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is aware of the homework 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 excluding all evidence obtained by unconstitutional searches from probation revocation hearings. See United States v. Gravina, supra, and education cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and thesis Seizure or in Absence of Miranda Warnings, 30 A.L.R. Fed.

824, 829-835 (1976 #038; Supp.2002). 10. Education Dissertation? The Supreme Judicial Court, in Commonwealth v. Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the thinking questions related 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 music dissertation 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 experts defendant had made to the effect that a family member had driven to Crosby#8217;s. Any determination of the weight and credibility of Read#8217;s testimony was for music education, the judge, and the contradiction was not so egregious as to cause us to conclude that the judge committed plain error. See Commonwealth v. Democratic? Tate, 34 Mass.App.Ct. Music Education? 446, 450-451, 612 N.E.2d 686 (1993). Essays? DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for administration of field sobriety tests.

76 Mass.App.Ct. Music Dissertation? 908. Cheryl A. BAZINET. Appeals Court of narrative essays for college Massachusetts. James M. Milligan, Jr., Norwell, for the defendant. Michelle R. King, Assistant District Attorney, for dissertation, the Commonwealth. Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on homework help Route 20 in the town of Auburn on July 22, 2007. A State trooper working the checkpoint spoke with her and music education detected an odor of alcohol. Consequently, the trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to an area adjacent to types, the checkpoint for administration of field sobriety tests.

When Bazinet stepped out of the education dissertation vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an thesis intoxicating beverage on her breath as she spoke.? Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1). Before trial, Bazinet moved to music education, dismiss the complaint on essays grounds that the checkpoint procedures were not consistent with constitutional requirements. Music Education? Before hearing the motion, a judge of the District Court reported the democratic congo case for an answer to music education dissertation, two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P.

34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. Global? 648, 650, 569 N.E.2d 774 (1991).

The questions are these: ?1. The Massachusetts State Police General Order (TRF-15) [which governed operation of the checkpoint] permits a trooper, with reasonable suspicion based upon articulable facts that the operator is OUI, to further detain an operator directing them from the screening area to the OUI checking area (Pit). Is mere odor of alcohol sufficient reasonable suspicion to further detain an operator for further testing? ?2. Is the Massachusetts State Police guideline on sobriety checkpoints (general order TRF-15) as applied to the sobriety checkpoint stop in question on. July 21, 2007 through the Division Commander#8217;s Order (06-DFS,056),[[1] constitutionally valid??

The general subject of the reported questions was discussed by education the Supreme Judicial Court in Commonwealth v. Narrative For College? Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the music report. In essence, the court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by types of descriptive essays written operational instructions from the troop commander to the officer in charge of a specific checkpoint, met constitution standards. Id. at 328, 910 N.E.2d 281. Music? We think that the decision in Murphy requires an affirmative answer to both questions. Insofar as question one is concerned, General Order TRF-15 permits, and types of descriptive now requires, see Murphy, supra at music education dissertation 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 questions to nursing 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. Music Education? The court said that the types of descriptive ?odor of alcohol? was one of the ?clues of impaired operation? for which the dissertation screening officers were to thinking to nursing, check and which, if observed, would provide a basis for further screening and investigation. Id. at music education dissertation 320, 328, 910 N.E.2d 281.2 The court#8217;s judgment in that regard is consistent with judgments made by homework help experts courts in other States that have considered similar questions.

See State v. Rizzo, 243 Mich.App. 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to a reasonable suspicion that the music dissertation motorist has recently consumed intoxicating liquor, which may have affected the motorist#8217;s ability to operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of homework alcohol was sufficient to allow officer to music education dissertation, conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist. No. 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept. 28, 2007) (explaining that ?the ?strong odor? of alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to question two, the opinion in of descriptive Murphy did not consider the Division Commander#8217;s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to education dissertation, detect drivers who are impaired by alcohol. From the narrative essays for college record, however, it appears that the checkpoint the State police conducted in music education dissertation this case was governed both by General Order TRF-15 and by operational instructions contained in a letter from the troop commander to the officer in democratic republic essay charge of the checkpoint, as well as by Order 07-DFS-056. Order TRF-15. and the operational instructions are, in all material respects, identical to the instructions discussed by music education dissertation the court in Murphy.

As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. Insofar as Order 07-DFS-056 adds something new to the instructional matrix, it imposes a ?zero tolerance? enforcement policy with respect to all observed violations, thus reducing further the kind of discretionary enforcement that in other cases has been found constitutionally wanting. See, e.g., Commonwealth v. Warming About? McGeoghegan, 389 Mass. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989).

In light of the foregoing, the answer to reported questions one and two is ?yes.? 1. This appears to be a typographical error. The Division Commander#8217;s Order included in the record appendix is numbered ?07-DFS-56.? 2. The court#8217;s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the music odor of alcohol, the speech of the operator, alcohol in plain sight in homework experts the vehicle, and music other indicators.? Murphy, supra at 320, 910 N.E.2d 281. Later in the opinion, the republic congo court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from education that list. Id. at 328, 910 N.E.2d 281. We think that nothing of narrative for college consequence flows from the omission. As a consequence of music a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. Css Selectors? L. c. 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011.

NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the 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 music dissertation views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28. As a consequence of a motor vehicle accident on narrative January 26, 2008, a Superior Court jury convicted the defendant Shelley King of (1) operating a motor vehicle while under the influence of intoxicating liquor (OUI), G. Education Dissertation? L. c. 90, § 24(1)(a)(1); and (2) reckless or negligent operation of a motor vehicle, G. L. c. 90, § 24(2)(a). On the day following the rendition of the jury#8217;s verdicts, the presiding judge conducted a bench trial, found that the defendant had incurred three prior OUI convictions, and found her guilty of the enhanced charge of of descriptive essays OUI, fourth offense, G. L. c. Music Education? 90, § 24(1)(a)(1), sixth par. On the same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of types of descriptive essays her driver#8217;s license for prior conviction of music OUI, G. L. c. 90, § 23. Upon the convictions for OUI fourth, the judge sentenced the defendant to four and essays one-half to five years#8217; confinement at music State prison; upon the conviction for operation after suspension or revocation by reason of prior OUI conviction, the judge imposed a sentence of two and one-half years#8217; confinement at the house of correction from and after completion of the State prison sentence; and upon democratic republic congo, the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of correction to run concurrently with her sentence at State prison. The defendant has appealed upon two grounds: (1) that the judge failed to follow appropriate procedure for determination of the exposure of members of the jury to prejudicial publicity during the course of the trial; and (2) that the education judge improperly exercised personal feelings, rather than objective criteria, in the determination of the democratic congo sentences.

For the following reasons, we reject the music defendant#8217;s appellate contentions and affirm the convictions and the sentences. Factual background. The evidence permitted the jury to find the following facts. On the afternoon of global about January 26, 2008, the defendant consumed four or five beers at her home in education dissertation Lynn between 2:45 P. M. and 6:00 P. M. At about 6:00 P. M., she left the house in order to purchase take-home food from a delicatessen in the city. She took with her an additional can of beer, opened it, and put it in her handbag in the car. At a major intersection in Lynn and after she had taken a drink from the open can, she made an unlawful turn across three lanes, up and over a median island, and across two more lanes, so as to drive up to and against the front door of a restaurant (not the homework help restaurant to music dissertation, which she was headed for purchase of food). The impact of travel over the island and 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 his instruction to css selectors, put the car in park gear; he did so and turned off the ignition. Music Dissertation? He noticed that her speech was slow and that an odor of alcohol was in critical questions related to nursing her breath. A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the interior of the automobile. The officer also observed glassy and bloodshot eyes and education slurred speech. He saw the open beer can inside the automobile.

He formed the opinion that she had been driving under the influence of alcohol. At trial, after two days of empanelment and testimony, the homework help Lynn Item newspaper published a morning article about the case. 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 music dissertation 1990#8242;s and a fourth in types of descriptive essays 2004. The article stated also that she #8216;blew a.15 alcohol blood level when arrested#8217; for the current incident. At the beginning of the third day of trial, all counsel and the judge discussed the appearance of the article. When the jury entered the courtroom, the judge addressed the following question to them. Education? #8216;Has any member of the global to write jury read, seen, heard or overheard anything from any source about any aspect of this case outside of the courtroom, since yesterday, that has affected or would affect your ability to consider this case in any way as a fair and impartial juror? Nobody#8217;s raising their hand.#8217; He added a second question. #8216;Has anybody seen or heard anything about any publicity from the news media about this case? Please raise your hand if there is anyanything you#8217;ve heard at all, even the tiniest thing. Okay, nobody is raising their hand. Okay.

All right, so we will resume with the trial.#8217; Defense counsel did not object to the judge#8217;s treatment of the issue of education exposure to prejudicial publicity by these questions. Global What To Write About? Later that day, after the music close of the evidence and in the course of final instructions to the jury, the to write about judge reminded the jury at three points that they must base their verdict exclusively upon the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. Music Dissertation? After the return of the essays jury verdicts, the dissertation finding of the bench trial, and the submission of the plea of guilty to operating after suspension or revocation for prior OUI violations, the judge imposed sentencing from the of descriptive essays bench. His comments included the following. #8216;This is a sad case. Music Dissertation? I understand that I have a limited amount of essay information about what happened and education about the [d]efendant, but it#8217;s pretty obvious to me that, from what I have received, that the [d]efendant Ms. King is global warming what to write about probably a very nice person and music education she probablyit#8217;s not hard to see that she#8217;s probably had a difficult life; I am sensitive to these things. Css Selectors? But the sentence I#8217;m going to impose is necessary, in education dissertation my view.#8217; The judge then specified the sentence for each offense. At the conclusion of his announcement of the respective sentences, he made the following one-sentence statement. #8216;I assume it#8217;s obvious what my feelings are about for college, why this sentence is music education required.#8217; The remark brought no objection. Critical Questions? On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form.

In the music appropriate space for explanation of the departure from the guidelines, he wrote, #8216;Upward departure because of the egregious nature of the offenses, surrounding circumstances and prior record.#8217; Newspaper article. Help Experts? On appeal and for the first time, the defendant argues that the music education judge should have conducted individual voir dire interrogation of each juror in order to determine whether he or she had experienced any exposure to the Lynn Item newspaper article. The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and the defendant#8217;s prior OUI convictions. Because the defendant lodged no objection to the judge#8217;s preventive or curative efforts at congo essay the time of education dissertation trial, we review this argument under the standard of global warming what to write substantial risk of dissertation a miscarriage of justice. Thinking Questions To Nursing? We review the case as a whole and ask (1) whether an error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and education dissertation (4) whether counsel#8217;s failure to object or to raise a claim of error during trial constituted a reasonable tactical decision. See Commonwealth v. Azar, 435 Mass. 675, 687-688 (2002). In this instance, we find no error in the judge#8217;s management of the issue.

The defendant relies upon css selectors, the case of Commonwealth v. Jackson, 376 Mass. 790, 800-801 (1978). The court in that instance set out the following standard operating procedure for instances of discovery of dissertation potentially prejudicial publicity during the course of trial. #8216;If the judge finds that the material raises a serious question of possible prejudice, a voir dire examination of the jurors should be conducted. The initial questioning concerning whether any juror saw or heard the potentially prejudicial material may be carried on collectively, but if any juror indicates that he or she has seen or heard the material, there must be individual questioning of that juror, outside of the presence of any other juror, to determine the extent of the narrative juror#8217;s exposure to the material and its effects on the juror#8217;s ability to music, render an types impartial verdict#8217; (emphasis supplied). Education Dissertation? The thrust of the defendant#8217;s argument here is of descriptive essays that the judge had a duty, not an option, to conduct individual voir dire questioning of the jurors.

As the governing passage of the Jackson decision makes clear, if no juror has responded affirmatively to the collective question, the judge has no further duty to carry out individual questioning. Consequently, the judge here complied with the standard of the Jackson rule. Music? In addition, we should observe that, in the absence of global warming what to write any affirmative answers to the collective question, a judge#8217;s continuation into individual interrogation of jurors may adversely stimulate the curiosity of those jurors about potential prejudicial publicity and cause them to music education dissertation, search for it during the course of a trial. That danger has become all the more serious as a result of the democratic congo evolution of music education dissertation Internet technology. Both doctrinally and practically the judge committed no error in these circumstances. 1. Sentencing. The defendant argues that the judge#8217;s reference to #8216;feelings#8217; about the imposed sentences reveals a violation of the standard of help impartiality mandated for sentencing by dissertation case law, particularly the thinking questions related to nursing case of Commonwealth v. Mills, 436 Mass.

387, 399-402 (2002). Music Education Dissertation? 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 thinking questions to nursing transform it from that of impartial arbiter.#8217; Id. at 401. The defendant characterizes the reference to education, #8216;feelings#8217; as a forbidden indulgence of #8216;personal and homework experts private beliefs.#8217; The judge#8217;s fleeting reference here falls far short of the prohibited comments discussed in the Mills case and in any of the decisions cited by music the Mills discussion. We view the experts reference to #8216;feelings#8217; in the setting of the judge#8217;s entire remarks about sentencing. In that light, it reflects reasons and not emotion. Music Dissertation? He commented that he viewed the case as a #8216;sad#8217; one. Since it involved no personal injuries or casualty, his reference to its #8216;sad#8217; character alluded to the fate of the defendant. He observed that she may well have had a hard life.

He observed also that he was #8216;sensitive#8217; to warming what to write about, her circumstances. Music Dissertation? At the essays same time, he found her behavior over the decade and one-half covered by her four OUI convictions to constitute a serious threat to public safety. He justifiably viewed her record as #8216;egregious.#8217; She embodied a danger to the lives of innocent travelers and pedestrians on education and near the roadways. Types? His sentencing scheme removed that peril for the period of dissertation years imposed for confinement. The sentencing fell within the bounds of rational discretion. By the global what Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. 1. An additional interpretation of the defendant#8217;s argument is that the judge had a duty to make specific reference to the Lynn Item article in his collective question to the jury. The Jackson case creates no such duty.

Specific reference would raise the risk of juror research. The judge#8217;s choice created no error of law or abuse of discretion. Mass DUI OUI #8220;Not Public Way#8221; Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of music dissertation operating a motor vehicle while under the narrative essays influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb.

3, 2010. Decided June 1, 2010. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Music Dissertation? Foster, Assistant District Attorney, with him) for the Commonwealth. Help? Present: KAFKER, VUONO, #038; SIKORA, JJ.

Observed obviously intoxicated and urinating in public immediately after driving onto a pier in the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. (OUI), fifth offense, in violation of G.L. c. 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ?? 1, 2. 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 music counsel, and that the types essays judge considered improper factors in music education dissertation sentencing the defendant. We affirm. Thesis? 1. Music Education? Facts. The jury were warranted in finding the following facts: Pier 4 is located in narrative essays for college the Charlestown Navy yard. The pier is education surrounded on all sides by help water and accessible by automobile only by way of public streets.1 Those streets end at Terry Ring Way. As described by music dissertation a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and css selectors stop about fifty yards down.? Entry to music, the pier is then through a swinging gate.

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

He noticed that the defendant was ?pretty unsteady on his feet,? slurring his words, and blurry-eyed, and that he smelled of alcohol. Critical Questions Related? Spinetto attempted to dissertation, dissuade the defendant from critical questions related to nursing driving, but the defendant got back into dissertation the truck and attempted to leave the questions to nursing scene. With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from education dissertation leaving by opening and closing the truck#8217;s doors and by closing the gates to the pier. Homework Help Experts? Subsequently, Smargiassi called 911, and firefighters arrived and held the defendant. Dissertation? Shortly thereafter, the national park rangers and Boston police arrived. After examining the truck, in which they found beer, and talking to global warming to write about, the defendant, the police placed the defendant under arrest. 2. Public way. In order to sustain an music education dissertation OUI conviction, the Commonwealth must prove that the offense took place ?upon any way or in any place to thesis css selectors, which the public has a right of music education access, or upon any way or in any place to warming, which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). Music Education? ?Way? is further defined by statute to include ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the homework help experts control of park commissioners or body having like powers.? G.L. c. 90, ? 1. This element has been further interpreted by the Supreme Judicial Court to require that the ?public have a right of access by motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. Music? George, 406 Mass.

635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Types Essays? Moreover, ?it is the objective appearance of the education way that is determinative of its status, rather than the subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct. 247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996). In making that determination, we look to see if the warming to write ?physical circumstances of the way are such that members of the public may reasonably conclude that it is open for travel#8230;.? Commonwealth v. Hart, 26 Mass.App.Ct.

235, 238, 525 N.E.2d 1345 (1988). Education? Commonwealth v. Kiss, 59 Mass.App.Ct. at 250, 794 N.E.2d 1281. ?Some of the usual indicia of accessibility to the public include paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Commonwealth v. Smithson, 41 Mass.App.Ct. at critical thinking questions to nursing 549-550, 672 N.E.2d 16. See Commonwealth v. Stoddard, 74 Mass.App.Ct. 179, 182, 905 N.E.2d 114 (2009); Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and education dissertation hydrants indicia of public accessibility). Indicia that the way is help experts not accessible to the public include signage or barriers prohibiting access.

See Commonwealth v. Music? George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and sign saying, ?[N]o cars beyond this point?); Commonwealth v. Stoddard, 74 Mass.App.Ct. at 183, 905 N.E.2d 114 (?presence of a gate severely restricting general access to the campground is of great significance?). Deeds are also relevant considerations. Narrative? See Commonwealth v. Hazelton, 11 Mass.App.Ct. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the case was whether Pier 4 was a public way.

To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on the pier, photographs showing indicia of education accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and democratic essay egress to the general public foot or vehicle ? (emphasis supplied), testimony that ?[t]here were a variety of people, kids, and other people out on the pier as there are almost every evening,? and testimony regarding the presence on the pier of the Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Boston,? which apparently was running sailing competitions on the day the defendant was apprehended. The defendant contends that the pier was not a public way because there was a closed swinging gate leading to the pier and signage indicating access only to authorized vehicles. The Commonwealth#8217;s own testimony also supported the dissertation contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier. In sum, the status of the pier as a public way is what about a close question. There was ample evidence that the pier was public and music education a way and paved and lit in a manner suitable for vehicular traffic. The issue, however, was whether public vehicular traffic had been prohibited or restricted. As the Supreme Judicial Court stated in Commonwealth v. George, 406 Mass. at 638, 550 N.E.2d 138, a case in which the defendant was arrested while drinking and driving on a school baseball field, ?our prior cases assume, without discussion, that the term ?access,? as it appears in ? 24, requires inquiry whether the public has access, by a motor vehicle, to a particular way or place? (emphasis original).3 The court in thesis css selectors George reversed the music dissertation conviction because the drinking and types essays driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the music education instant case, the presence of a gate and help experts signage are strong indicators that restrictions on public vehicular access were in place. However, the gate blocking vehicular access to the pier was not locked and could be opened by the public, as it was by the defendant. Compare Commonwealth v. Stoddard, 74 Mass.App.Ct. at 180, 905 N.E.2d 114 (gate card access required).

Although witnesses described a sign that limited access to authorized vehicles, the sign appearing in the photographs included in the trial exhibits was small and partly washed out. See Commonwealth v. Hart, 26 Mass.App.Ct. at 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the music dissertation pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Warming About? Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at music education dissertation 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the thesis road as one approache[d] the education dissertation entrance? and physical circumstances did not suggest a public way). The deed also expressly provided for vehicular access to the public. The presence of a public water shuttle dock and global what to write about 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 music education defendant was driving under the influence of alcohol not only on the pier, but also on the public roads leading to the pier.5 As established by the photographs, maps, and plans introduced in evidence, as well as supporting testimony, there was no other way to get to the pier by automobile except by the public roads connecting to the pier. Warming What To Write About? The defendant was also observed driving quickly, close to the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to the. pier.6 Also it was reasonable to infer that the defendant was intoxicated while he was driving on those public roads before he arrived at the pier. The defendant was observed immediately upon his arrival, smelling of alcohol, blurry-eyed, unsteady on music dissertation his feet, and having to urinate in public. Help Experts? Proof of operating under the influence on music education dissertation a public way may ?rest entirely on circumstantial evidence.? Commonwealth v. Petersen, 67 Mass.App.Ct.

49, 52, 851 N.E.2d 1102 (2006) (citation omitted). See Commonwealth v. Wood, 261 Mass. 458, 158 N.E. 834 (1927); Commonwealth v. Colby, 23 Mass.App.Ct. at democratic essay 1011, 505 N.E.2d 218. Here there was sufficient circumstantial evidence to provide the necessary proof of all three elements of the offense: the education dissertation public way, the driving, and the impairment. Thesis? Moreover, the judge#8217;s instruction to the jury in defining a public way was not unnecessarily narrowed to the pier. Rather her detailed instructions on public way appropriately included the following: ?Any street or highway that is music education dissertation open to the public and is controlled and maintained by homework some level of government is music education dissertation what we call a public way. This includes, for instance, interstate and state highways, as well as municipal streets and roads.? Thus, the instructions on public way encompassed the public roads on which the defendant testified that he drove to arrive at the pier. 3. Remaining issues. We need not belabor the democratic essay remaining issues.

First, trial counsel#8217;s failure to object to various hearsay statements by a police officer, which duplicated live witness testimony, was obviously harmless. Next, given the testimony regarding how unsteady the defendant was on his feet, we cannot say on this record that trial counsel#8217;s informed and strategic decision to elicit from the music dissertation defendant that he had sustained a knee injury and that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the overwhelming evidence of his intoxication, it certainly did not ?deprive[ ] the defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Global To Write About? Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the defendant#8217;s argument that the judge considered improper factors in sentencing is without merit. The defendant contends that Spinetto should not have been given the opportunity to give ?a community impact statement,? speaking about education dissertation, his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to keep the defendant from related to nursing injuring other people. Although the dissertation judge briefly mentioned Spinetto#8217;s community impact statement in homework help experts her sentencing remarks, it is clear that the defendant was appropriately sentenced based on his prior record and that the education dissertation judge considered mitigating circumstances as well.8 Further, the sentence was within the statutory limits. Thus, noting that there was no objection below, we conclude that there was no substantial risk of a miscarriage of congo justice. SIKORA, J. Music Education Dissertation? (concurring). I concur fully in the specific rationale of the affirmance: that the evidence and the judge#8217;s proper instructions permitted the homework jury to find that the defendant had driven under the influence of alcohol on the public roads leading to the pier. Ante at 835, 927 N.E.2d at music education 500.

That analysis freed us from the need to resolve the ?close question? whether the pier constituted ?any way or #8230; any place to which the public has a right of access, or #8230; any way or #8230; any place to which members of the public have access as invitees or licensees#8230;.? G.L. c. Congo? 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 precedent still approved by the Supreme Judicial Court.1 At the same time, I believe that the evidence of this case exposes a deficiency in music dissertation the current statutory construction and the need for examination of the underlying case law.2. Significant facts. Narrative? The language of the statute relevant to our concern was last revised in 1961, see St.1961, c. 347, to provide the following: ?Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the education dissertation public have access as invitees or licensees, operates a motor vehicle #8230; while. Narrative? under the influence of intoxicating liquor #8230; shall be punished#8230;.? 3. The opinion of the court describes the location, the access roads, the dissertation gate, and css selectors signage related to the pier. Ante at 833-835, 927 N.E.2d at 499-501. Four important and independent circumstances of the use of the pier emerge as well from the evidence. Education? A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to a terminal at the edge of the pier from which they could walk across it.

An instructional sailing club conducted a program for children from the pier; their parents and experts friends would observe their. races from it. The pier contained benches on which pedestrian visitors could rest. The members of the public properly on music education dissertation the pier and endangered by the defendant#8217;s driving were pedestrians. Additionally, the evidence permitted the jury to make the following findings about the defendant#8217;s conduct. He drove his pickup truck at a high speed onto the pier; got out and urinated onto one of the benches; reentered the types essays truck and backed into another bench; and then backed up further so as to collide with a storage shed used by music dissertation the sailing club. The truck suffered substantial damage; the defendant got out again and walked away from it. Major case law.

A sensible and homework help experts direct application of the words of the statute to education dissertation, the circumstances of the pier and the actions of the defendant would appear to make him punishable. However, the css selectors interpretative overlay of the following cases has required that the ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. Dissertation? George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the essays conviction of the defendant, not on the basis of education his extraordinary conduct on the pier, but rather on the basis of democratic essay his inferable driving down separate roadways. The original act punished simply operation under the influence ?on any public way or private way laid out under authority of law.? St.1906, c. 412, ? 4. It made no reference to operation in a ?place.? Early decisions dealing with operation on a ?way? stated that ?[t]he statute was passed for the protection of dissertation travellers on highways,? and therefore presumably persons in questions related motor vehicles. See Commonwealth v. Clarke, 254 Mass. Dissertation? 566, 567-568, 150 N.E. 829 (1926) (movement of car for several feet by mere shifting of gear and without engagement of the engine by the driver amounted to operation; the statute ?was passed for the protection of travellers upon highways?); Commonwealth v. Clancy, 261 Mass.

345, 348, 158 N.E. 758 (1927) (the statute ?was intended to types of descriptive, regulate the music education use of motor vehicles upon ways?). Questions Related? In 1928, the Legislature rewrote the entire provision. Its opening main clause now declared, ?Whoever upon any way, or in any place to which the education dissertation public has a right of access, operates a motor vehicle #8230; while under the influence of intoxicating liquor #8230; shall be punished #8230;? (emphasis supplied). G.L. c. 90, ? 24, as appearing in St.1928, c. Css Selectors? 281. Thus the notion of statutory protection for highway travelers or motorists took hold in music education dissertation the version of the act predating any reference to operation in a ?place.?

Subsequent decisions seem never to have caught up with the 1928 addition of the concept of a ?place? as the questions to nursing site of operating under the influence. Despite the dissertation added term, the court in Commonwealth v. Homework? Paccia, 338 Mass. Music Education Dissertation? 4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over thesis it, even though the education dissertation owner of the private way had permitted use of for college it by members of the public as business invitees or business licensees to music education, a nearby restaurant and homework a market building. The court reasoned that the canon of strict construction of penal statutes required an music explicit legislative statement expanding the place of public access to private sites receiving members of the narrative essays public as business invitees or licensees. Ibid. Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. 347.

In one subsequent case, Commonwealth v. Connolly, 394 Mass. 169, 172, 474 N.E.2d 1106 (1985) (an appeal hinging on the meaning of ?under the influence?), the court in dicta repeated the language of the 1926 Clarke case (the purpose of the statute was ?the protection of travellers upon highways?). In another it determined that the defendant#8217;s operation of his pickup truck on a privately owned parcel of land onto which persons would drive various recreational vehicles such as ?go carts? without the owner#8217;s permission did not involve a ?place to which the members of the education dissertation public [have] access as invitees or licensees? because the owner had never consented to such entry. Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the of descriptive essays 1961 amendment had ?extend[ed] the reach? of the act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of penal legislation against music dissertation, the Commonwealth applied to its terms.

Id. at 205, 539 N.E.2d 533. ?There is reason to believe that [the 1961 amendment references to democratic essay, invitees and licensees sought] to address the problem of accidents in places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the education dissertation act in 1990, the court held that the center field area of a public school baseball field did not qualify as a public way or place to which the types public had access by motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the music education statutory term ?access? meant access to a particular way or place by motor vehicle. Id. at 638, 550 N.E.2d 138. 4. The issue. None of the cases appears to have addressed the applicability of the republic congo statute to places to music education dissertation, which members of the public have access as pedestrian invitees or licensees.

For the following reasons, a continuation of the unexamined assumption that the term ?access? in the impaired driver statute means only public access by a motor vehicle seems to essays, me unwarranted by its language and contradicted by its safety purpose. The precise language of the act is the first source of music education dissertation insight into its meaning and legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass. Narrative Essays? 32, 37, 364 N.E.2d 1215 (1977); Commissioner of Correction v. Dissertation? Superior Court Dept. of the thesis Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in any place? accessible to members of the public as invitees or licensees.

The repeated use of the article ?any? with no limiting adjectives or phrases attached to the words ?right of music education access? and ?invitees and licensees? denotes the generality of the intended ?place.? The Legislature did not confine the roles of invitees or licensees to critical questions related to nursing, persons conveyed by motor vehicles. It. chose the additional words in 1961 as a specific answer to music, the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at 6, 153 N.E.2d 664. In 1928 it had previously broadened coverage of the act from a ?way? to a ?way? and a ?place.? Its revisions of the statute have progressively expanded its range. On three occasions the courts have pointed out that the 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 warming about implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to music education dissertation, the statute#8217;s meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against the Commonwealth?). If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable. However, as the thesis css selectors latest reference in the George case, 406 Mass. at music education 638, 550 N.E.2d 138, points out, the critical assumption of the law#8217;s limitation to republic, members of the public as motorists and not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of lenity gives the defendant the benefit of a plausible ambiguity. It ?does not mean that an available and music education dissertation sensible interpretation is to be rejected in democratic republic congo essay favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. Education Dissertation? 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. Tata, 28 Mass.App.Ct. Thesis Css Selectors? 23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of interpretation deserve consideration and education dissertation application in a discussion of the scope of the types of descriptive act.

One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass. 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against education, the defendant#8217;s contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Legislature#8217;s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. Global Warming What About? c. 90, ? 1, supra at note 4, and the general ordinary meaning depict an artery supporting some degree of traffic or movement. By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.?

Commonwealth v. Music Education? Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and cases cited. The 1928 addition of the term ?place? by narrative the Legislature expanded the diameter of the education dissertation statute beyond the focus of the early decisions on protection of highway travellers. Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature. Commonwealth v. Narrative Essays? 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 music education dissertation inadvertent omission or by design?). See 1010 Memorial Drive Tenants Corp. v. Fire Chief of Cambridge, 424 Mass. 661, 668, 677 N.E.2d 219 (1997) (Greaney, J., dissenting) (same). Essays? Here the current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature#8217;s words ?any place to which the public has a right of access, #8230; or #8230; any place to education dissertation, which members of the public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to broaden the coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result.

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

It shifts the application of the law from the irresponsible conduct of the impaired driver to music, the fortuitous location and status of critical thinking his endangered or injured victim. Solutions. A ?place? is a location other than a ?way,? and a ?member of the public? can be a person other than a motorist. The decisions have fallen behind the statute. The principle of stare decisis should not denature into a pattern of errare decisis. Several processes are available to break the momentum of error. Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator#8217;s use of public roads adjoining the place in which the impaired driving injured or endangered pedestrians, as occurred here.

Within the judiciary the Supreme Judicial Court could reconsider the present construction said by the court in George to have evolved without discussion. Finally, and perhaps ideally, the Legislature could further amend the statute to extend its reach unmistakably to ?any place in which the public has a right of access, or #8230; any place to which members of the public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). Education Dissertation? 1. Photographs of the pier, maps, and plans were introduced in evidence, as well as detailed testimony explaining the help exhibits. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to drive to the Charlestown Pier. Dissertation? He then drove in traffic on public streets leading to the Navy Yard and Pier 4. As he approached the pier, he had to ?race up and pass? one car. He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for a required finding of critical thinking questions related to nursing not guilty at dissertation 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. George, ?the parties [had also] agreed and the jurors were instructed that the baseball field was not, as a matter of law, a public way.?

Id. at thesis css selectors 636, 550 N.E.2d 138. 4. Music Dissertation? The evidence in Commonwealth v. George, supra at 637-638, 550 N.E.2d 138, indicated that the critical questions defendant consumed alcohol on the field and overturned the car while trying to music education dissertation, leave the field. In the republic instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on music dissertation public roads prior to his arrival at the pier. 5. We recognize that the narrative for college Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge#8217;s instructions and the proof offered adequately presented the issue for music education dissertation, the jury#8217;s consideration. 6. The passenger left the car soon after they were confronted at the pier. 7. Global Warming What? The Commonwealth chose not to inquire about the field sobriety test on cross-examination.

8. Music? The judge explained that ?having weighed the statutory language, having weighed the facts of the offense, and this defendant#8217;s prior record, having considered the css selectors mitigating information and the letters submitted by his wife, his mother, and his sister, having paid heed to the recommendations of the music dissertation prosecutor in the case and the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of warming what to write about those factors.? 1. From its inception the Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. Burke v. Toothaker, 1 Mass.App.Ct. Music Education Dissertation? 234, 239, 295 N.E.2d 184 (1973). Homework Experts? Commonwealth v. Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988).

Commonwealth v. Dube, 59 Mass.App.Ct. 476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from useful observations in dicta about the continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. Music? 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to critical questions to nursing, pay rent upon a nonresidential tenant independently of the dissertation landlord#8217;s breach of covenants in the lease; and the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass. 708, 709, 774 N.E.2d 611 (2002). Other observations may recommend the extension or the insertion of standards or rules to cure chronic problems revealed by multiple cases. See, e.g., Commonwealth v. For College? 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 music education the subsequent adoption of that view by homework help the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004).

2. As discussed below, the Supreme Judicial Court, in its last treatment of the issue twenty years ago, observed that the restrictive interpretation had evolved ?without discussion.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). 3. In parts immaterial, this sentence was also amended in 1994, see G.L. c. 90, ? 24(1)( a )(1), as appearing in St.1994, c. Education Dissertation? 25, ? 3, and by St.2003, c. 28, ? 1. 4. In decisions addressing the meaning of a ?way? in ? 24(1)(a ) (1), the Appeals Court has consulted the definition of that term by G.L. c. 90, ? 1: ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? Beyond that source, as this case illustrates, ante at 832-833, 927 N.E.2d at to write about 498-99, we have examined the site where the suspect was driving under ?the usual indicia of accessibility to the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at 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). Dissertation? Our most extensive discussion of the narrative essays for college locus required for conviction of operating under the influence under ? 24(1)( a )(1) dealt with a way on both sides of which were business abutters and which was indisputably open for travel by motor vehicles. Commonwealth v. Dissertation? Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Motor Vehicle, Operating under the influence, Operation.

Practice, Criminal, Required finding, Instructions to thesis css selectors, jury, Argument by education prosecutor, Defendant#8217;s decision not to testify, Assistance of counsel, Jury and jurors, Prior conviction, Speedy trial. Robert S. McGILLIVARY. Appeals Court of Massachusetts. September 13, 2010. January 25, 2011. NOTICE: The slip opinions and orders posted on this Web site are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. This preliminary material will be removed from the Web site once the advance sheets of the Official Reports are published. Motor Vehicle, Operating under the influence, Operation. What? Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant#8217;s decision not to testify, Assistance of music education dissertation counsel, Jury and jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in the Superior Court Department on January 26, 2005.

The case was tried before Howard J. Whitehead, J. James P. Types Essays? McKenna for the defendant. Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from a conviction by a Superior Court jury of operating a motor vehicle under the music influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. c. 90, § 24(1)(a)(1). 1 His principal issue focuses on the meaning of #8220;operation#8221; under that statute. Global Warming About? We affirm.

1. Music? Operation of the motor vehicle. A. Operation as matter of law. At trial, the Commonwealth pursued only global one theory: that the defendant, who was under the influence of intoxicating liquor and education was found slumped over the wheel, operated a motor vehicle by putting the keys in the ignition and turning the electricity on, but not turning the democratic republic engine on. Education? There was no evidence from which the jury could infer that the defendant drove his car drunk before getting behind the wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). Narrative Essays For College? The defendant argues that the evidence of operation was insufficient as matter of law because putting a key into the ignition and turning it does not constitute operation when the engine has not been engaged.

2 The issue whether a defendant who places the key in the ignition and turns the electricity on without starting the engine may be found to be #8220;operating#8221; the vehicle for music, purposes of G.L. c. 90, § 24, is thesis css selectors one of first impression in Massachusetts. Dissertation? 3. To define #8220;operation#8221; we must look to the touchstone case of css selectors Commonwealth v. Uski, 263 Mass. 22, 24 (1928), which held that #8220;[a] person operates a motor vehicle within the meaning of education G.L. c. Democratic Republic? 90, § 24, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of that vehicle.#8221; 4 See also Commonwealth v. Merry, 453 Mass. 653, 661 (2009) (reaffirming Uski definition of operation). Under the Uski definition, turning the key in the ignition to the #8220;on#8221; setting could be found to education dissertation, be part of a sequence that would set the vehicle#8217;s engine in critical thinking questions motion and that would, thus, constitute operation. 5. Our conclusion is informed by dissertation the public policy underlying the Massachusetts OUI statute. The purpose of thesis css selectors G.L. c. 90, § 24, is to #8220;protect[] the public from music education dissertation intoxicated drivers,#8221; Commonwealth v. Global What To Write About? Ginnetti, 400 Mass.

181, 184 (1987), by #8220;deter[ring] individuals who have been drinking intoxicating liquor from music education dissertation getting into their vehicles, except as passengers.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from homework experts State v. Education? Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (#8220;[a] clear purpose of the [Ohio OUI statute] is to discourage persons from putting themselves in the position in which they can potentially cause the movement of a motor vehicle while intoxicated#8230;#8221;). Even an intoxicated person who is sleeping behind the wheel is global to write dangerous because #8220;that person may awaken and decide to music, drive while still under the critical thinking questions related to nursing influence.#8221; State v. Dissertation? Kelton, 168 Vt. 629, 630 (1998). 6. In sum, applying the help experts Uski definition to the facts before us, we conclude that, as matter of law, the evidence that the dissertation defendant, who was found in narrative essays the passenger#8217;s seat, turned the ignition keyan act which the jury could have found to be the first step in a sequence to set in motion the motive power of the vehiclewas sufficient to education, permit the jury to conclude that he #8220;operated#8221; the motor vehicle. See also State v. Haight, 279 Conn. at 551-555 (holding that inserting a key into the ignition constitutes operation under a definition of operation similar to the Uski definition because this is an act that is part of a sequence that will #8220;set in motion the motive power of the vehicle#8221;) (citation omitted). Democratic Republic Essay? 7, 8. We are unpersuaded by the defendant#8217;s interpretation of Commonwealth v. Ginnetti, 400 Mass. at music education 184, as requiring that an engine be engaged and as meaning that turning the key to the #8220;on#8221; position could not constitute operation.

Specifically, the defendant argues that turning the key in the ignition to a position that does not start the car would only draw power from the battery and thus neither starts the engine nor makes use of the power provided by its engine. Even if we assume, arguendo, that the related to nursing defendant is correct and that turning the key to the #8220;on#8221; position does not engage the engine, 9 the defendant misconstrues Ginnetti. In Ginnetti, supra at 183-184, the court was faced with the question whether a vehicle with a functioning engine was rendered inoperable within the meaning of G.L. c. 90, § 24, #8220;merely because it is immovable due to music education, road or other conditions not involving the types vehicle itself.#8221; Id. at 184. Applying the dissertation Uski definition to the facts before it, the court concluded that #8220;the defendant#8230; operate[d] a motor vehicle by thesis css selectors starting its engine or by making use of the power provided by its engine.#8221; Id. at 183-184. In so holding, the court did not state that operation was conditioned on education dissertation an engine being engaged, or that Uski so ruled. Finally, we reject the defendant#8217;s argument that the jury instructions were inappropriate. Help? The judge#8217;s instructions to the jury, 10 to which defense counsel did not object at trial, did not create a substantial risk of miscarriage of justice. Contrary to the defendant#8217;s claim, the instructions did not leave jurors with the impression that evidence that the defendant was sleeping in music education dissertation the driver#8217;s seat with a key turned in the ignition compelled a finding of thesis operation. Contrast Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 234 (1990). 11.

B. Sufficiency of the music education dissertation evidence. The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the thesis fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he #8220;operate[d] a motor vehicle.#8221; See G.L. c. 90, § 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to prove that he put the key in music education dissertation the ignition of the car and turned the key. We consider #8220;whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is sufficient#8230; to permit the jury to infer the existence of the essential elements of the crime charged#8230;#8221; beyond a reasonable doubt. Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979) (citation omitted). The evidence viewed in the light most favorable to the Commonwealth shows that the defendant was found asleep in the driver#8217;s seat #8220;slumped over the wheel of the van holding a roast beef sandwich in his hands, with sauce dripping down his hand.#8221; The defendant#8217;s feet were #8220;right in front of him.#8221; The vehicle#8217;s dashboard was illuminated. The key was in experts the ignition and had been turned to the #8220;on#8221; position so that the education dissertation #8220;energy to the vehicle was on,#8221; but the help experts engine itself was off and #8220;[t]he vehicle was not running.#8221; The police officer had to #8220;physically turn the ignition back#8221; in order to remove the key. The police did not observe anyone else in the van at the time of arrest. Viewed as a whole, the evidence was sufficient to support a finding that the defendant, while sitting in the driver#8217;s seat of the vehicle, put a key in the ignition and dissertation turned it to the #8220;on#8221; position.

See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (#8220;Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of OUI#8221;), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of of descriptive essays evidence that he argues conflict with a finding that he operated a motor vehicle. First, the defendant cites testimony by the defendant and the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle#8217;s keys. The defendant testified that, after he moved to the driver#8217;s seat and began eating his food, he did not remember what happened until the police officer woke him up. The jury, however, could have found that the music education dissertation defendant simply did not remember placing the warming what key in the ignition, or they may have determined that he was not being truthful in denying putting the key in dissertation the ignition. Moreover, the existence of essays for college contradictory evidence does not require a finding of not guilty. See Commonwealth v. Pike, 430 Mass. 317, 323-324 (1999).

Second, the defendant points to the testimony of his friend that the friend left the defendant passed out in the passenger seat and threw the music education keys on the passenger side floor when he left the vehicle. Global Warming What To Write? 14 Even if the jury credited this testimony, it does not require a finding of not guilty because the jury could reasonably have inferred that the defendant, who admitted moving from the passenger seat into the driver#8217;s seat, picked up the key and put it in education the ignition when he moved to the driver#8217;s seat. 2. Other issues. A. Though he did not object below, the defendant argues that the essays prosecutor misstated the evidence during his closing argument, creating a substantial risk of education a miscarriage of justice requiring reversal. Css Selectors? We disagree. The prosecutor#8217;s argument disputing the defendant#8217;s characterization that he was victim of a conspiracy by the police officers was an appropriate response to defense counsel#8217;s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass.

397, 404 (1999). We also conclude that the prosecutor#8217;s statement that the dissertation 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 help experts, court in Gloucester the next day. The defendant, however, was permitted to elicit testimony from the defendant#8217;s friend that the music dissertation defendant said he had to work early in thesis css selectors the morning and planned to sleep in dissertation the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney#8217;s strategic advice not to essays, testify during his examination about his plans to sleep in the van because such testimony might open the door to evidence of prior convictions of driving under the influence. See Commonwealth v. Finstein, 426 Mass. 200, 203-204 (1997). C. Prior to trial, the defendant moved to replace his attorney, and the judge denied the motion. The record reflects that as soon as the judge became aware of a conflict between the defendant and his counsel, the education defendant was provided an thinking questions related opportunity to explain his reasons for wanting to remove his attorney.

The judge did not abuse his discretion in denying the 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 music education, arguing a motion for a new trial on his behalf, but without the thinking questions to nursing defendant#8217;s presence, the dissertation defendant#8217;s presence would not have affected the outcome of that motion for a new trial; and (4) the defendant merely complained of what about something that any lawyer who represented him #8220;who had any competence at all would do.#8221; See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). D. The defendant argues that the judge abused his discretion by refusing to remove two jurors for cause. We disagree. With respect to each of the complained-of jurors, the judge dispelled any concerns about the dissertation 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 officer#8217;s testimony was challenged. A trial judge is afforded #8220;a large degree of discretion#8221; in the jury selection process. Commonwealth v. Seabrooks, 433 Mass. 439, 442-443 (2001), quoting from Commonwealth v. Vann Long, 419 Mass. 798, 808 (1995). #8220;Where, as here, a judge has explored the grounds for any possible claim that a juror cannot be impartial, and has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the essays juror unless juror prejudice is music education dissertation manifest.#8221; Commonwealth v. Seabrooks, supra at 443. No such prejudice was manifest here. E. The defendant challenges the sufficiency of the evidence of prior convictions presented at the subsequent offense portion of his trial.

Reviewing the issue under the familiar standard of Commonwealth v. Thesis Css Selectors? Latimore, 378 Mass. at 676-678, we conclude that the defendant#8217;s contention is music without merit. First, there was ample evidence that the narrative essays defendant was the person who had been convicted of similar offenses once in dissertation 1986 and twice in 1988. Narrative For College? See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (#8220;[registry of motor vehicles] records, which contained more particularized identifying information#8230;, also reflected the offenses and the fact that they were the defendant#8217;s#8221;). See also Commonwealth v. Music Education? Maldonado, 55 Mass.App.Ct. Essay? 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct. 368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the confrontation clause. Commonwealth v. Weeks, 77 Mass.App.Ct.

1, 5 (2010). Finally, the judge#8217;s instructions to the jury with regard to music, the prior convictions were proper where the judge simply instructed the jury that the documents in question were OUI convictions and reminded the jury that the democratic congo essay Commonwealth still had the music education burden to about, prove that the education defendant was the person who had committed these previous offenses. Experts? F. There is no merit to the defendant#8217;s contention that he was denied his right to speedy trial. Pursuant to Mass.R.Crim.P. 36(b)(1)(C), 378 Mass.

910 (1979), #8220;a criminal defendant who is not brought to trial within one year of the return day in the court in which the case is awaiting trial is presumptively entitled to dismissal of the music charges unless the thesis css selectors Commonwealth justifies the delay.#8221; Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). The return day here was March 8, 2005. The defendant#8217;s trial began on January 23, 2007, 686 days later. #8220;The delay may be excused by a showing that it falls within one of the #8216;[e]xcluded [p]eriods#8217; provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.#8221; Commonwealth v. Music Education Dissertation? Spaulding, 411 Mass. 503, 504 (1992). Of the thesis css selectors 686 days between those two dates, the 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 calculation. Education? Due to jointly agreed upon global about, continuances by education the parties, at least 117 days are excluded.

15 See Barry v. Commonwealth, 390 Mass. 285, 298 (1983). There were 185 days when the defendant was unavailable while on trial on another charge that are also excluded. 16 See Mass.R.Crim.P. 36(b)(2)(A)(iii), 378 Mass. Homework Experts? 910 (1979). Finally, the defendant#8217;s motion to education, dismiss, which was filed on December 13, 2006, and essays for college decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days. See Commonwealth v. Spaulding, 411 Mass. at 505 n. 4. In total there were at least 17 331 days that were excluded from the 686 days between arraignment and music dissertation trial, meaning that fewer than 365 days remain to count against the Commonwealth. Therefore, the global what to write defendant was tried within the time constraints of music rule 36(b), and the order denying the motion to democratic republic, dismiss is affirmed. 18. 1. General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. 28, §§ 1, 2, provides in relevant part: #8220;Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to music, which members of the homework experts public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of education marijuana, narcotic drugs, depressants or stimulant substances, all as defined in narrative essays section one of chapter ninety-four C, or the vapors of glue shall be punished#8230;. #8220;If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program#8230; because of a like offense three times preceding the date of the music commission of the offense for which he has been convicted, the defendant shall be punished by narrative essays a fine of music not less than [$1,500] nor more than [$25,000] and by imprisonment in thesis the state prison for not less than two and one-half years nor more than five years#8230;.#8221; 2. Education? Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is #8220;standing still.#8221; Commonwealth v. Sudderth, 37 Mass.App.Ct.

317, 320 (1994), quoting from Commonwealth v. Clarke, 254 Mass. 566, 568 (1926). 3. If the evidence shows that a defendant was seated in types essays the driver#8217;s seat with the engine running or while it was still warm, it is music education well established that a jury may draw the types of descriptive essays 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 music police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Types Of Descriptive? Sudderth, supra (sufficient evidence of music operation where police found defendant #8220;seated in the driver#8217;s seat with the democratic engine running and a key in the ignition#8221;); Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of dissertation operation where engine still warm). Homework Experts? Cf. Commonwealth v. Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and keys in ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. Uski, 263 Mass. at 23-24, there was conflicting testimony about music dissertation, whether the defendant turned on the motor or simply placed the key in homework the ignition. Dissertation? 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (#8220;The defendant#8217;s intention after occupying the driver#8217;s seat is not an element of the statutory crime#8221;).

6. See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from css selectors Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (#8220;We believe that an music dissertation intoxicated person seated behind the steering wheel of warming what about a motor vehicle is a threat to the safety and welfare of the public. The danger is music education less than where an intoxicated person is actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is essays a legitimate inference to be drawn that he placed himself behind the wheel of the vehicle and could have at any time started the automobile and driven away#8221;). 7. Cf. Stevenson v. Falls Church, 243 Va. 434, 438 (1992) (applying a definition of operation similar to music education, the Uski definition in holding that the defendant did not operate the vehicle #8220;[b]ecause the presence of the key in the ignition switch in the off position did not engage the mechanical or electrical equipment#8221; of the critical questions related vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Falls Church case stands for the proposition that the position of the key in the ignition is a factor that a trial court should consider but does not create a bright line rule). 8. We do not decide whether any or all of the following could be found to education, be operation under G.L. c. 90, § 24: inserting a key in types of descriptive the ignition without turning it and education dissertation without engaging the motor or the vehicle#8217;s power; using an electronic remote starting device to start the engine of the car without inserting a key in the ignition, where putting a key in critical thinking the ignition would be required to actually drive the music education car; or putting the homework experts key in the ignition to engage either the electricity or the motor before going to sleep in a seat other than the 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 music education dissertation engine, we reach no conclusion on of descriptive essays that mechanical issue. 10. The relevant portion of the jury instructions is the following: #8220;The first element which the education dissertation Commonwealth must prove is that the defendant operates a motor vehicle.

The expression #8216;operation of global warming a motor vehicle#8217; covers not only all the well known and easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to set the vehicle in motion. To operate a motor vehicle, it is not necessary that the engine be running. The intentional as opposed to accidental manipulation of any mechanical part of the vehicle, or the education use of related to nursing any electrical agency which alone or in sequence will set in education dissertation motion the mode of power of the vehicle is sufficient in law to constitute operation. A person operates a motor vehicle, within the meaning of the law, when, in the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. Democratic Essay? The Commonwealth need not prove the defendant#8217;s intention after occupying the driver#8217;s seat.#8221; 11. We also reject the defendant#8217;s argument that #8220;a stopped engine instruction#8221; was required because the engine was stopped, and the stop was not incidental to the operation of the vehicle. See Commonwealth v. Cavallaro, 25 Mass.App.Ct.

605, 609 (1988), quoting from Commonwealth v. Henry, 229 Mass. 19, 22 (1918) (operation under G.L. c. 90, § 24, includes #8220;at least ordinary stops upon the highway, and such stops are to be regarded as fairly incidental to its operation#8221;). Such an instruction was inappropriate here where the music education Commonwealth#8217;s theory was that the defendant was operating the vehicle by putting the key in the ignition and turning it. This theory did not depend on any previous operation of the democratic republic vehicle. 12.

The defendant admitted at music trial that he had consumed at least ten White Russian drinks that evening and was #8220;highly intoxicated.#8221; Furthermore, the about arresting officer reported that the defendant smelled very strongly of music education dissertation alcohol, had slurred speech, was unsteady on his feet, and had glassy, bloodshot eyes. 13. Homework Help? The arresting officer testified that the vehicle was parked on the street in front of a restaurant. 14. The defendant also argues that the Commonwealth failed to meet its burden by music dissertation not introducing sufficient evidence that the about defendant#8217;s friend was not the person operating the vehicle. See Commonwealth v. Dissertation? Boothby, 64 Mass.App.Ct.

582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the car at the time of the accident). Boothby, however, is critical questions related to nursing distinguishable from the current case because, here, the police only found one possible operator at education the scene and the present case does not involve a confession by the defendant. 15. This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for the final pretrial hearing), and September 14, 2005 (the actual date of the final pretrial hearing). 16. The defendant#8217;s trial on an unrelated charge began on October 5, 2006.

The excluded period extends until fourteen days after sentencing. See Mass.R.Crim.P. 36(b)(2)(A)(iii). Due to a mutually agreed upon continuance, a change in thesis css selectors counsel between the bifurcated portions of the trial, and another delay between the second portion of the trial and sentencing, the defendant was sentenced on March 24, 2006. Adding fourteen days to the sentencing date brings the date to education dissertation, April 7, 2006. Thus, the total excludable period for the unrelated charge is 185 days from October 5, 2006, to April 7, 2006. 17. Having identified a sufficient number of excluded days to types essays, confirm compliance with the requirement for a speedy trial, we do not compile a complete list of dissertation all excluded days.

18. The defendant also appeals from the global to write denial of his pro education se motion to narrative essays for college, dismiss under G.L. Music Education Dissertation? c. 276, § 35. To Nursing? Assuming, arguendo, that the music 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 mid-trial continuances and the delay complained of by the defendant is thinking questions related to nursing prior to the commencement of trial and, thus, does not fall within the statute. A District Court jury found the dissertation defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. c. Global? 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. c. 90, § 24[2][a]). 75 Mass. App. Ct. 643. Appeals Court of dissertation Massachusetts, Bristol.

Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for the defendant. Homework Experts? David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for education dissertation, the Commonwealth. Present: GRAHAM, DREBEN, #038; SIKORA, JJ. For College? [75 Mass. App. Ct. 644] A District Court jury found the defendant guilty of education motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of critical questions to nursing G.L. c. 90, § 24G[a]), and by music dissertation negligent operation of a motor vehicle (in violation of G.L. c. 90, § 24[2][a]). The defendant, who is African-American, appeals upon claims that (1) the trial judge improperly allowed the Commonwealth#8217;s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendant#8217;s blood alcohol content and erroneously instructed the jury on that evidence; and of descriptive (3) calculated improprieties by the prosecutor and extraneous influences upon the jury resulted in reversible error.

We reverse. The trial judge did not offer a sufficiently adequate and contemporaneous explanation of her allowance of the peremptory challenge. In addition, the judge erroneously admitted evidence of the defendant#8217;s blood alcohol content without the music dissertation requisite expert testimony and essays for college gave an erroneous jury instruction in relation to that evidence. Procedural background. Education? On February 3, 2004, the questions related New Bedford District Court issued a complaint charging the defendant with negligent operation of a motor vehicle in violation of music education G.L. c. 90, § 24(2)(a). On June 1, 2004, the essay same court issued an additional complaint charging the education dissertation defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of G.L. c. 90, § 24G[a]).1 On July 25, 2005, a District.

Court judge allowed the Commonwealth#8217;s motion to amend the republic essay June 1 complaint to add an alternate theory of intoxication, a 0.08 percent #8220;per se#8221; violation of the motor vehicle homicide statute.2 On May 15, 2006, jury empanelment commenced. [75 Mass. App. Ct. 645] in New Bedford District Court, and on May 19, 2006, the jury returned guilty verdicts on both charges. The trial judge sentenced the defendant to two and one-half years in the house of correction on the motor vehicle homicide charge and a consecutive sentence of music dissertation two years in the house of correction on the negligent operation charge. Types Of Descriptive? In December of 2006, the defendant filed a motion for relief from an dissertation unlawful sentence. He claimed that the negligent operation conviction was duplicative of the motor vehicle homicide conviction. Essays? In January of 2007, the trial judge allowed the motion.

The allowance of music education dissertation that motion is not at types of descriptive 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 education the victim#8217;s vehicle collided at an intersection in New Bedford. Four people witnessed the collision, and each of thesis them testified at trial. According to the witnesses, the defendant#8217;s jeep went through a stop sign at a high rate of speed and struck the victim#8217;s vehicle.

A New Bedford police officer arriving at the scene after the accident saw the defendant pacing back and forth in music education an agitated manner. The officer spoke to the defendant and did not detect the odor of alcoholic beverages. The officer did not observe any other signs of intoxication, such as a lack of balance. The victim died at the scene from multiple traumatic injuries. Of Descriptive Essays? Paramedics took the music education dissertation defendant to the nearest hospital for treatment. Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the help experts crash. She analyzed the damage to the vehicles and made numerous measurements of the music education crash scene. Based on democratic congo essay her investigation, the expert concluded that the defendant#8217;s jeep had been traveling at sixty-four miles per hour when it entered the intersection.4. [75 Mass. App.

Ct. 646] Soon after the education defendant arrived at the hospital, two New Bedford police officers interviewed him. According to help, the officers, the defendant was #8220;angry [and] agitated#8221; and his breath smelled of alcoholic beverages. He told the music education dissertation officers that he had consumed #8220;a forty of OE,#8221; a forty-ounce bottle of Olde English brand beer. Both officers testified that the defendant#8217;s demeanor changed when one of the officers notified him of the victim#8217;s death. While at the hospital, the defendant complained of pain in his chest. In response to his complaint, hospital staff drew a blood sample from him and analyzed it. The doctor who had treated the defendant testified that his blood serum sample had an thesis alcohol reading of music 185 milligrams per deciliter. A laboratory supervisor from the Massachusetts State police crime laboratory testified that the reading translated to a whole blood alcohol level of .15 to .16. Discussion. 1. Peremptory challenge.

Jury selection proceeded over two days. On the first day, the judge called juror to side bar for further questions. The juror told the narrative for college judge that she was diabetic. The judge assured her that the disease would not be a problem. The juror noted also that her son had faced criminal charges in New Bedford District Court. Education? She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in homework experts the jury box in advance of the parties#8217; challenges. The next day, the Commonwealth invoked one of its peremptory challenges to education dissertation, exclude juror.

The judge noted that juror nineteen was the only African-American in the jury pool from thesis css selectors either day. She asked the Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the juror#8217;s speech and mannerisms indicated that she was slow and might have difficulty in the deliberation of the evidence of music a three- or four-day trial; and (2) the homework experts prosecutor#8217;s discomfort caused by the juror#8217;s fixed stare at him during empanelment.5 The judge then determined that the prosecutor#8217;s explanation was not race-based. [75 Mass. App. Ct. 647]

Defense counsel asked for music education, the judge#8217;s impression of juror nineteen. Critical Related? The judge stated that the juror had #8220;somewhat of a halting speech pattern#8221; and was #8220;not incredibly articulate but #8230; not inarticulate either.#8221; The judge did not, however, #8220;associate [the juror's speech] with slowness mentally.#8221; The prosecutor explained that he believed that juror nineteen#8217;s mental acuity was similar to that of another juror whom the judge had removed for cause. The judge did not agree that juror nineteen suffered from a similar disability, but she allowed the Commonwealth#8217;s peremptory challenge without further reasoning at that time.6 Defense counsel objected. On the following day, before the music education dissertation jury had entered the court room, the judge commented further on the Commonwealth#8217;s peremptory challenge of juror nineteen. She stated that, after the previous day#8217;s discussion, she had consulted decisions on peremptory challenges of. members of protected classes,7 and that she #8220;wanted to put some more #8230; findings on help the record.#8221; She recounted that she had requested an music education dissertation explanation for the peremptory challenge, and she repeated the prosecutor#8217;s explanation. She noted also that the applicable case law requires #8220;a two prong analysis. One having to do with the adequacy of the Commonwealth#8217;s position once having been questioned about the reason for global warming, the challenge and then the genuineness of that.#8221; Although the prosecutor had not mentioned the criminal. [75 Mass. App. Ct. 648] history of education dissertation juror nineteen#8217;s son when he had offered his explanation for the challenge, the thesis css selectors judge referred to it in her findings.8 The judge concluded her findings with the statement that #8220;I find #8230; the Commonwealth#8217;s explanation both adequate and genuine, which is why I allowed the challenges to stand.#8221; Article 12 of the music dissertation Declaration of Rights of the Massachusetts Constitution and 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 presumption that a peremptory challenge is proper.#8221; Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof #8220;that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.#8221; Commonwealth v. Soares, 377 Mass.

461, 490, 387 N.E.2d 499, cert. Narrative Essays For College? denied, 444 U.S. 881, 100 S.Ct. 170, 62 L.Ed.2d 110 (1979). Either the party opposed to music education, the challenge or the homework help trial judge, sua sponte, may raise the issue of the propriety of the challenge. Music Education? See Commonwealth v. Congo? Maldonado, 439 Mass. 460, 463, 788 N.E.2d 968 (2003). When #8220;the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an music dissertation implicit finding that the prima facie case of types discrimination has been made.#8221; Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the dissertation peremptory challenge must provide an 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. Experts? Soares, supra at 491, 387 N.E.2d 499. If the proponent#8217;s. [75 Mass.

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

See Commonwealth v. Benoit, 452 Mass. 212, 221, 892 N.E.2d 314 (2008). In this case, the for college trial judge raised the question of the propriety of the peremptory challenge. She appropriately requested an explanation from the prosecutor (the proponent of the challenge) and dissertation allowed defense counsel to respond. See Commonwealth v. Global Warming To Write About? Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. Calderon, supra at 26, 725 N.E.2d 182. Education Dissertation? The prosecutor explained that he was challenging the juror because he believed her to be #8220;slow#8221; and because she had stared at him in thesis css selectors a discomforting manner. The judge received defense counsel#8217;s opposing response. She then stated that, although the juror had #8220;a halting speech pattern,#8221; she did not find the juror mentally slow.

However, the judge concluded that the prosecutor had not misused the challenge and allowed it. It was not until the next day that the judge explicitly found the music education dissertation prosecutor#8217;s explanation to be adequate and warming what about genuine. The judge#8217;s own language demonstrates that she recognized generally the two-part standard of adequacy and genuineness. However, her ruling falls short of the firm and timely explanation for music, allowance required by of descriptive the line of cases culminating in Commonwealth v. Benoit, supra. As in dissertation Commonwealth v. Maldonado, supra, and essays Commonwealth v. Benoit, we cannot conclude that the judge properly allowed the challenge because the record does not show a prompt assessment of the adequacy and genuineness of the prosecutor#8217;s explanation of the peremptory challenge.

See Commonwealth v. Maldonado, supra at music education 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 then allowed challenge but #8220;did not find that the essays 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 music 222-226, 892 N.E.2d 314 (defendant#8217;s right to democratic republic, trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and genuineness of reason for music, peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the global warming what to write about juror: her staring at the prosecutor; her suspected slowness; and the recent involvement of her son as a defendant prosecuted by the same district attorney#8217;s office.9 The judge did not address. the ground of education staring.10 She rejected the suspected slowness. She introduced, a day later, the experience of the son, a potentially serious ground but one never invoked by for college the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the music dissertation specific, clear findings upon adequacy and genuineness required by the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution#8217;s grounds adequate, i.e., #8220;personal to the juror and types of descriptive not based on the juror#8217;s group affiliation#8221; and #8220;related to music education, the particular case being tried,#8221; however genuine or bona fide the offer may have been. Commonwealth v. Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding.

The precedents require reversal of the convictions. Essays? 2. Evidence of blood alcohol content. Education? The Commonwealth. [75 Mass. App. Ct. 651] began trial with two theories of operation under the homework help influence, the per se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory. At the beginning of the music trial, the thinking judge gave preliminary instructions to music, the jury in which she explained the nature of the charges against the defendant.

She made no reference to alternate theories of operation under the influence. During the trial, the Commonwealth introduced evidence of the defendant#8217;s blood alcohol content but offered no expert testimony to explain the relationship between blood alcohol content and impaired operation. During the charge conference, the warming to write Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to music dissertation, give an instruction on narrative for college the per se theory, and the Commonwealth agreed with that proposal. The judge instructed the jury, in education relevant part, as follows: #8220;The law says that if the percentage of thinking related to nursing 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 music education influence of intoxicating liquor at the time.#8221; For reasons discussed below, the instruction was erroneous. The defendant did not object to global warming what, the blood test evidence, the prosecutor#8217;s reference to it in his summation, or the judge#8217;s erroneous instruction. In 2003, the Legislature amended both G.L. c. 90, § 24G, the motor vehicle homicide statute, and G.L. c. Music Education? 90, § 24(a)(1), the operation under the thesis css selectors influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. 28, §§ 1, 21, 22. Pursuant to the amendments, the music dissertation Commonwealth may prove intoxication through evidence that the defendant had #8220;a percentage, by weight, of alcohol in [his] blood of thinking eight one-hundredths or greater.#8221; G.L. Music Education Dissertation? c. 90, § 24G(a). Prior to the amendments, the statutes allowed the permissible inference of css selectors intoxication when the music dissertation defendant had a blood alcohol content of .08 percent or greater.

Commonwealth v. Colturi, 448 Mass. 809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and essays for college 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). Music Education Dissertation? In Commonwealth v. Colturi, supra, the Supreme Judicial Court held that, if the Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in essays the. [75 Mass. App. Ct.

652] absence of expert testimony to music education, explain their significance. Id. at 817-818, 864 N.E.2d 498. Of Descriptive? The decision states: #8220;If #8230; the Commonwealth were to proceed only on a theory of impaired operation [instead of both a per se theory and an impaired operation theory] and offered a breathalyzer test result of .08 or greater, without evidence of its relationship to intoxication or impairment and without the statutorily permissible inference of education dissertation intoxication eliminated by the 2003 amendments, the jury would be left to guess at its meaning.#8221; Ibid. As for thesis css selectors, trials where the music dissertation Commonwealth relies on both theories, the essays decision states further: #8220;[I]f the per se and dissertation impaired ability theories of criminal liability are charged in the alternative #8230; and so tried, we see no prejudice in the admission of breathalyzer test results without expert testimony establishing the significance of the test level to the degree of intoxication or impairment of the defendant.

In such a case, the jury presumably would be instructed that if they find the defendant operated her motor vehicle with a blood alcohol content of .08 or greater, she is guilty of homework help experts violating the OUI statute, and if they do not so find, they may still consider whether she violated the statute by operating while under the influence of intoxicating liquor.#8221; Id. at education 817, 864 N.E.2d 498. We presume that this language applies to the results of help blood tests in music education addition to the results of breathalyzer tests. After issuance of help experts Commonwealth v. Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Commonwealth relied solely on an impaired operation theory, and music education the judge admitted breathalyzer results without expert testimony and over the defendant#8217;s objection, admission of the results required reversal. Id. at 664, 885 N.E.2d 164. In this case, the complaint charged both theories. The judge admitted evidence of the warming defendant#8217;s blood alcohol content without expert testimony to explain its relationship to intoxication. The judge did not instruct the jury on the per se theory. Dissertation? Furthermore, the judge erroneously instructed the jury on the permissible inference of intoxication eliminated by the 2003 amendments. Types Essays? See. [75 Mass. App.

Ct. 653] Commonwealth v. Colturi, supra at music 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at 662 n. Democratic Congo Essay? 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 music education dissertation, the substantial risk of narrative essays a miscarriage of justice. Under that standard, the question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of guilt. Commonwealth v. Alphas, 430 Mass. Education Dissertation? 8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Help Experts? Azar, 435 Mass. 675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Music Dissertation? Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the Commonwealth#8217;s evidence of democratic republic essay intoxication was strong. The percipient witnesses testified that the defendant drove through a stop sign at music dissertation a high speed and hit the victim#8217;s vehicle.

A police officer who was at the scene testified that the defendant was agitated, although he testified also that he did not notice any other signs of intoxication. Types Essays? The accident reconstruction expert testified that the defendant#8217;s jeep had been traveling at sixty-four miles per music hour when it entered the intersection. Republic? The officers who interviewed the music dissertation defendant at the hospital testified that he was agitated, that his breath smelled of narrative for college alcoholic beverages, and that he confessed to music education, consumption of forty ounces of beer earlier in the evening. However, the laboratory supervisor#8217;s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication. Without it, the types of descriptive essays Commonwealth#8217;s evidence was #8220;strong but not overwhelming.#8221; Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164.

Here, as in Hubert, police testimony about the defendant#8217;s signs of intoxication differed. Under the impaired operation theory submitted to the jury, the error may have materially influenced the verdict and music education therefore created a substantial risk of a miscarriage of justice. See Commonwealth v. Thesis? Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. App. Ct.

654] Conclusion.14,15 For the foregoing reasons we reverse the judgments and set aside the verdicts. The case is remanded to the District Court for a new trial or other proceedings consistent with this opinion. Dissertation? 1. In addition to thesis css selectors, the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. c. Music Education Dissertation? 90, § 24G(b). After issuance of the thesis css selectors June 1 complaint, which charged the defendant with motor vehicle homicide by operation under the influence and by negligent operation (in violation of G.L. c. Education Dissertation? 90, § 24G[a]), the help experts Commonwealth nol prossed the motor vehicle homicide charge from the first complaint. 2. Education Dissertation? Under G.L. c. 90, § 24G(a), the Commonwealth may use either of two theories to prove operation under the influence: (1) operation #8220;with a percent by weight, of warming to write about alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.#8221; G.L. c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. See Commonwealth v. Colturi, 448 Mass.

809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. 1009, 902 N.E.2d 368 (2009). Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory. Dissertation? 3. In April of thesis css selectors 2007, after a hearing, the trial judge allowed the Commonwealth#8217;s motion to file a late notice of appeal from the grant of the defendant#8217;s motion for relief from an unlawful sentence. The Commonwealth#8217;s appeal has not entered in this court. In its brief, the Commonwealth does not argue the propriety of the grant of the motion. Therefore, we do not address it.

4. She opined also that the defendant#8217;s jeep had struck a vehicle parked on the side of the road prior to the collision with the victim#8217;s vehicle. 5. In its entirety, the prosecutor#8217;s explanation was: #8220;Judge, she appears slow to me at side-bar in her speech and mannerisms and while we were impaneling today, I locked eyes with her a few times and music dissertation it appeared to 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 I#8217;m concerned that this is congo essay a three or four day trial, a lot of witnesses; and I#8217;m concerned about her ability to try the education evidence.#8221; 6. The judge observed that the defendant had adequately preserved the issue for appeal. Democratic Republic Essay? During the discussion of the dissertation challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the narrative previous day, the dissertation judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the presence of only types of descriptive essays one African American in the venire. The prosecutor stated that he should not have to explain his use of a peremptory challenge on juror fourteen because the juror was not a member of a protected class. However, he supplied an explanation, and the judge allowed the challenge. Music? 7. Of Descriptive? The parties assert that the judge stated that she had read Commonwealth v. Maldonado, 439 Mass.

460, 788 N.E.2d 968 (2003). However, the transcript reflects that the music 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 exclude members of thinking related a [discrete] group#8230;.#8221; The reference (jumbled in transcription) most probably was the Maldonado decision. 8. The judge#8217;s reference to the criminal history of juror nineteen#8217;s son was as follows: #8220;I would also add that it was known to all of us that [juror nineteen] had had a son who had apparently a criminal matter in this court, perhaps even before me because she seemed to recall me, just this past fall that was prosecuted by the district attorney#8217;s office and apparently came up#8230;. [A]nd I don#8217;t remember the music case per se but she spoke about it. It apparently just happened last fall.#8221; The judge went on to say that she understood the Commonwealth#8217;s concern #8220;whether she could perform in a truly objective manner#8221; because her son had experienced the criminal justice process and subsequent incarceration. Critical Thinking Questions To Nursing? The record does not show any expression of that specific concern by the prosecutor.

9. As mentioned above, in the next-day review of her reasons for allowance of the peremptory challenge, the judge referred to the experience of juror nineteen#8217;s son in the New Bedford District Court. See note 8, supra. The prosecutor did not refer to the criminal history of the juror#8217;s son as justification for his peremptory challenge. Music Education? A judge may not supply her own reasons to justify a prosecutor#8217;s peremptory challenge. What To Write About? See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S.

1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). 10. That explanation had little chance of music success. #8220;Challenges based on subjective data such as a juror#8217;s looks or gestures, or a party#8217;s `gut#8217; feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.#8221; Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968. 11. Narrative Essays? This reasoning does not interfere with the authority of a trial judge spontaneously to music education, identify, establish, and rule upon a ground of disqualification independently of any challenge of either the Commonwealth or a defendant. 12. The charge conference and homework help instructions to the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the education dissertation Colturi decision in April 2007; and republic this court the education Hubert decision in May 2008.

Therefore the judge and css selectors trial counsel did not have the benefit of those interpretations of the 2003 amendments. 13. Education? In Commonwealth v. Hubert, supra at 664, 885 N.E.2d 164, defense counsel made timely objections and preserved the issue so that the standard of review was the presence of prejudicial error. Here we have reviewed the issue under the less demanding standard of substantial risk and found the error again sufficiently serious to require reversal. 14. As mentioned in the introduction, supra, the defendant argues also that extraneous influences on the jury and alleged calculated impropriety by the prosecutor require reversal.

The extraneous influences were (1) a shout by the victim#8217;s mother at the defendant as the jurors left the courtroom on the first day of trial, and (2) the global what to write about presence of a makeshift memorial to the victim at the accident scene during the jury#8217;s view of the music dissertation site. The claim of 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 officers testify in this manner, in violation of the judge#8217;s decision on a motion in limine. No evidence supports the view that the thesis mother#8217;s outburst or the accident site memorial overcame the judge#8217;s instructions for a verdict based strictly on music education the evidence. The claim related to the officers#8217; use of the word #8220;killed#8221; fails also, because the judge gave immediate curative instructions. 15. The defendant presented no issue of thesis a denial of the right to confrontation guaranteed by the Sixth Amendment to the United States Constitution by reason of the admission of the blood alcohol test result. The rule of Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. Music Dissertation? 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal.

Massachusetts OUI Case Defendnat admitted to the officer that his driver#8217;s license was suspended, and at homework help experts trial he testified that he knew he was suspended for music education dissertation, an operating under the thesis css selectors influence (OUI) conviction. Gerald W. GILMAN. Supreme Judicial Court of music education Maine. Argued: November 9, 2009. Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED. Andrew S. Robinson, Asst. Dist. Atty. (orally), Franklin County DA#8217;s Office, Farmington, ME, for the State of Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for Gerald W. Gilman.

Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. ? 1 The State of Maine appeals from narrative for college a judgment of the Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the court imposed on music Gerald W. Gilman following his conviction at a bench trial for operating after habitual offender revocation (Class C), 29-A M.R.S. ? 2557-A(2)(D)(2)(2008).1 See M.R.Crim. P. 35(a). The State contends that the types of descriptive court imposed an illegal sentence when it sentenced Gilman to less than the minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that #8220;all penalties and punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to violating article I, section 9 of the dissertation Maine Constitution, the mandatory sentencing provision also violated his equal protection and due process rights.2 Additionally, he argues that the. court erred in admitting a certified record from the Secretary of State declaring him to be a habitual offender, because doing so violated his constitutional right to confront witnesses against him as articulated in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and its progeny. ? 3 The State#8217;s appeal is accompanied by the written approval of the Attorney General as required by 15 M.R.S. ? 2115-A(2-B), (5) (2009) and M.R.App. P. 21(b). Because we agree with the State#8217;s contention that the sentence imposed on Gilman was illegal, and find no violation of Gilman#8217;s constitutional rights, we vacate only the sentence and remand for resentencing. ? 4 The facts are not in dispute.

On April 11, 2007, Gerald Gilman was stopped for speeding in the Town of New Sharon, three miles from thesis his home. He had not been drinking. 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 education, the officer that his driver#8217;s license was suspended, and at trial he testified that he knew he was suspended for an operating under the influence (OUI) conviction. In fact, Gilman#8217;s license had been revoked as a result of multiple previous convictions, which included three convictions for OUI within the previous ten years. A certified record from the Secretary of State, admitted at trial over Gilman#8217;s objection, showed that he had been given proper notice of the revocation. ? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of his three OUI convictions within the previous ten years. 29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is help popularly known as #8220;Tina#8217;s Law,#8221; provides that in that circumstance #8220;the minimum fine . . Music Education? . is homework help experts $1,000 and the minimum term of imprisonment is music education 2 years, neither of which may be suspended by the court.#8221; 29-A M.R.S. ? 2557-A(2)(D); P.L.

2005, ch. Help Experts? 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dismiss the education dissertation allegation of the aggravating factor of his prior OUI convictions as a violation of thesis css selectors his equal protection guarantees. Dismissal of the allegation would have reduced the charge to a Class D crime. See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to music education dissertation, aggravate the warming to write operating after revocation (OAR) charge with prior convictions for OUI. The Superior Court (Jabar, J.) denied the music dissertation motion. ? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the Confrontation Clause would be violated by the admission of a certificate issued by the Secretary of State under seal declaring that (1) his right to drive was under revocation when he was stopped, (2) he had proper notice of the revocation, and (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman#8217;s motion for a judgment of acquittal, and took the ultimate issue of whether the State had met its burden of proof under advisement. Gilman then filed a written. argument asking the court to revisit its earlier rejection of types essays his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the music education Maine Constitution. The court heard argument and took the issues under advisement. Essays? ? 8 On September 8, the court issued a written decision finding Gilman guilty beyond a reasonable doubt. The decision further explained the court#8217;s reasoning on education dissertation the Confrontation Clause issue and again denied Gilman#8217;s equal protection claim.

On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by global warming what to write about the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the State did not individually notify him that #8220;Tina#8217;s Law#8221; increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman#8217;s due process claim and music dissertation denied it. It then heard testimony relevant to the disproportionate punishment issue and sentencing from four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the of descriptive United States Department of Veterans Affairs, Gilman#8217;s sister, and Gilman himself. At the conclusion of the hearing, the court took the disproportionate punishment issue and the sentence under advisement. ? 10 On November 17, the court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Mr. Gilman, as well as the manner in which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to music education, the offense, and thesis css selectors also concludes that it would offend prevailing notions of music education dissertation decency. The Defendant has carried his burden in critical thinking questions related to nursing his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr. Gilman. ? 11 At a final hearing on December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and sentenced Gilman to fifteen months imprisonment, with all but ninety days suspended, two years of probation, 500 hours of community service, and a $1000 fine. See 17-A M.R.S. ? 1252-C (2009). The State orally moved the court to correct what it viewed as an illegal sentence pursuant to M.R.Crim. P. 35(a);4 the motion was denied orally and later in a written order.

This appeal and music dissertation cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of rights enjoyed by Maine citizens. Section 9 sets limits on the State#8217;s power to punish: #8220;Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.#8221; Me. Critical Thinking Related? Const. art. Music Education Dissertation? I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to impose an types unsuspended prison sentence of at least two years. 29-A M.R.S. Music Dissertation? ? 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 democratic, the offense after considering the music dissertation circumstances of the particular offender, not simply proportionate to the offense itself, and (2) because of Gilman#8217;s individual circumstances, the homework help experts mandatory sentence was disproportionate to his offense, and therefore the statute is dissertation unconstitutional in this instance.5 Gilman#8217;s burden is homework help significant, as #8220;one challenging the constitutionality of a statute bears a heavy burden of proving unconstitutionality since all acts of the education 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 #8220;strong and convincing reasons.#8221; Town of Frye Island v. Thesis? State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069. ? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the offense, has been an open question. In discussing a closely related provision of section 9, we left it unanswered: Assuming, without deciding, that it may be possible in rare cases that a mandatory minimum sentence is cruel and unusual because of the music education characteristics of the individual or because of the manner in which the sentence is carried out, there was not enough information in help experts this case for the trial court to reach that conclusion.

State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. Education? ? 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 the offense for which a person is convicted, (2) the warming what two-year mandatory sentence prescribed by statute is proportionate to the offense that Gilman committed, and (3) the sentence imposed by the trial court was therefore illegal and. must be vacated. Accordingly, to the extent that Worthley suggested that it may be possible for a mandatory sentence to music education, be unconstitutionally disproportionate under article I, section 9 solely because of an global individual defendant#8217;s particular circumstances, we now hold that it is not possible. ? 16 The plain language of music dissertation section 9 requires that #8220;punishments shall be proportioned to the offense.#8221; Me. Const. art. I, ? 9 (emphasis added). It says nothing about the individual offender. Critical Thinking To Nursing? This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used.

Because the same principles employed in the construction of music statutory language hold true in the construction of a constitutional provision, we apply the plain language of the constitutional provision if the language is unambiguous. Voorhees v. Sagadahoc County, 2006 ME 79, ? 6, 900 A.2d 733, 735-36 (citation omitted) (quotation marks omitted). The language of section 9 is unambiguous, and therefore we give it its plain meaning. See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that #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. 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 types of descriptive defendant#8217;s conduct.7 Only in Worthley did we refer to the characteristics of the music education dissertation individual offender, and then only to point out that we were not required in that case to decide whether individual characteristics could ever be a factor in the proportionality analysis. Critical Thinking Questions Related To Nursing? Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on education consideration of a particular offense or category of offender,8 but has not. required an individualized determination that a mandatory punishment is appropriate except in death penalty cases. See Harmelin v. Michigan, 501 U.S.

957, 996, 111 S.Ct. Essays? 2680, 115 L.Ed.2d 836 (1991) (#8220;We have drawn the line of music education dissertation required individualized sentencing at capital cases, and global warming what to write see no basis for extending it further.#8221;). Regarding the Federal Constitution, the education dissertation First Circuit Court of Appeals noted: There is no constitutional right, in non-capital cases, to individualized sentencing. Legislatures are free to provide for mandatory sentences for particular offenses.. . . The mere fact that a sentence is mandatory and severe does not make it cruel and unusual within the css selectors meaning of the Eighth Amendment. United States v. Education Dissertation? Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is further supported by our cases holding that the Legislature has the power to enact mandatory sentences. See State v. Lane, 649 A.2d 1112, 1115 (Me.1994) (collecting cases). Implicit in those decisions is a recognition that the Legislature may lawfully choose to remove a sentencing court#8217;s discretion when it determines it is appropriate to do so, subject only to the constitutional prohibition against punishment disproportionate to a given offense. The construction urged by Gilman would go far beyond what the language of section 9 requires and effectively vitiate all mandatory sentencing statutes. Narrative? ? 20 A minimum mandatory sentence is the Legislature#8217;s establishment of dissertation a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant#8217;s individual circumstances in global finding that a mandatory sentence is disproportionate as applied to that person is simply reinstatement by 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 basic sentence. See 17-A M.R.S. ? 1252-C(2). A court would then always have the sentencing discretion that the Legislature intended to remove, because individual mitigating circumstances could always be used as justification to dissertation, impose less than the mandatory minimum sentence on the ground that the mandatory sentence is disproportionate as applied in a particular case.

We do not read article I, section 9 to render the Legislature#8217;s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the clause, #8220;all penalties and punishments shall be proportioned to the offense,#8221; means what its plain language says, and does not require consideration of the individual circumstances of each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. Thesis? B. The Two-Year Minimum Mandatory Sentence. ? 22 This Court #8220;always has the power and duty to uphold the education dissertation State and Federal Constitutions,#8221; and will #8220;protect the individual from an help unconstitutional invasion of music education dissertation his rights by the legislative . . . branch of government.#8221; Dep#8217;t of Corr. Help Experts? v. Music Education? Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the primacy of the critical thinking questions related Legislature as #8220;the voice of the sovereign people#8221; in the area of crime and punishment: The fixing of an adequate criminal penalty is properly and legitimately a matter of legislative concern. It is not the office of the judiciary to interpose constitutional limitations where none need be found. Of course a mandatory sentence of great severity may at education dissertation some point lose its rational relation to a permissible legislative purpose; a disparity between the sentence and the evil to be avoided might then be a cruelty of constitutional dimensions.

It seems to democratic congo essay, us that the interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the contours of the crime itself, and sets the limits for punishment. . . Education? . The underlying structure of the penal system is statutory; the coherence of the system is to narrative for college, be found in legislative direction. State v. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Dissertation? Benner, 553 A.2d 219, 220 (Me.1989) (#8220;The power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime and ordain its punishment.#8221; (quotation marks omitted)). ? 23 We have described the test for determining when a sentence is cruel and critical thinking related unusual as whether it #8220;is greatly disproportionate. . . and whether it offends prevailing notions of decency,#8221; Worthley, 2003 ME 14, ? 6, 815 A.2d at music education dissertation 376; whether it #8220;shocks the conscience of the republic congo essay public, or our own respective or collective sense of fairness,#8221; State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is #8220;inhuman or barbarous,#8221; State v. Heald, 307 A.2d 188, 192 (Me.1973). Because the Legislature is #8220;the voice of the sovereign people,#8221; King, 330 A.2d at 127, and thus expresses the people#8217;s will, only the most extreme punishment decided upon by music dissertation that body as appropriate for an offense could so offend or shock the collective conscience of the people of homework help experts Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of government assumes that the judgment of the Legislature is the collective judgment of the people. Education Dissertation? ? 24 Gilman was convicted of a Class C crime, punishable by for college a maximum of five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for his conduct of music 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. Narrative? that they are willing to endanger others by operating a motor vehicle while impaired, from music education continuing to drive under any circumstances. A mandated sentence for that conduct on the lower end of the zero-to-five-years scale is republic congo not the rare, extreme, or shocking case, and does not violate the proportionality requirement of article I, section 9. C. Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for education dissertation, speeding, the Legislature had no rational basis for increasing his sentence for operating after revocation because of his prior OUI convictions.

He acknowledges that in order to reach the result he seeks, we would be required to overrule our decision in State v. Chapin, where the same argument was advanced and rejected. 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by drunk drivers was #8220;certainly strong enough#8221; to related to nursing, justify the imposition of a minimum mandatory sentence for music dissertation, habitual offenders with OUI convictions who continue to drive. Id. Gilman makes no showing that that danger has been reduced since 1992, when Chapin was decided, and we find that the rational relationship of prior OUI convictions to an enhanced sentence for operating after revocation remains intact. ? 27 Gilman next contends, on the authority of State v. Stade, 683 A.2d 164, that because his license had been revoked, the State was required to individually notify him that the minimum statutory penalties for operating after revocationM had increased with the enactment of 29-A M.R.S. Help? ? 2557-A. See P.L. 2005, ch.

606, ? A-11 (effective Aug. Music? 23, 2006). ? 28 In Stade, we held that a defendant#8217;s due process rights may be violated when an agent of the global what State makes affirmative misrepresentations that are then relied upon to the defendant#8217;s detriment. 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to education, drive and narrative thus knowingly violated the music law. The Legislature changed the statute, the Governor signed it into warming what about law, and Gilman is presumed to know what the law is.

See Houghton v. Music Dissertation? 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 what change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to break the law. Moreover, the education dissertation law in effect at the time of his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored. See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12. E. Css Selectors? Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to confront the education dissertation witnesses against help, him was violated when the Superior Court admitted, over his objection, a certified record from the Secretary of music dissertation 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.

As. with his equal protection challenge, Gilman acknowledges that he can prevail only if we overrule recent precedent, specifically State v. Tayman, 2008 ME 177, 960 A.2d 1151. In Tayman, we held that a disputed Secretary of homework help experts State certification did not offend the Confrontation Clause because #8220;the certification served only to music education dissertation, confirm the authenticity of the underlying records of the Violations Bureau, which themselves contain only routine, nontestimonial information.#8221; 2008 ME 177, ? 24, 960 A.2d at 1158; see also State v. Knight, 2009 ME 32, ? 10, 967 A.2d 723, 725 (relying on Tayman). ? 30 Gilman contends that Tayman must be overruled on thesis the authority of the Supreme Court#8217;s decision in Melendez-Diaz v. Massachusetts, ___ U.S. Music Education Dissertation? ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). In Melendez-Diaz, the Court held that the admission of a chemist#8217;s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although #8220;documents kept in the regular course of republic essay business may ordinarily be admitted at music trial despite their hearsay status. . Democratic Republic Congo Essay? . Music Education? that is not the case if the regularly conducted business activity is the production of evidence for use at trial.#8221; Id. at 2538, 174 L.Ed.2d at democratic republic 328 (citation omitted). Education Dissertation? ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and concluded that Tayman remains good law. State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the result here and consequently Gilman#8217;s argument fails. Judgment of conviction affirmed. Sentence vacated; remanded to the Superior Court for types essays, resentencing. 1 The statute provided: D. A person is guilty of a Class C crime if the person commits the crime of operating after habitual offender revocation and: (2) The person has 3 or more convictions for violating section 2411 Criminal OUI or former Title 29, section 1312-B within the previous 10 years.

The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is dissertation 2 years, neither of which may be suspended by the court. 29-A M.R.S. ? 2557-A(2)(D) (2008). The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(D)(2) (2009)). 2 Gilman does not specify whether his due process and equal protection claims are grounded in the United States or Maine Constitutions.

In any event, those protections are coextensive. See Conlogue v. Conlogue, 2006 ME 12, ? 6, 890 A.2d 691, 694 (citing cases). 3 The statute has since been amended, though not in any way that affects this case. P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. What About? ? 2557-A(2)(A) (2009)). 4 The Rule provides: #8220;On motion of the . . . Education? attorney for the state . . . made within one year after a sentence is imposed, the justice or judge who imposed sentence may correct an illegal sentence or a sentence imposed in an illegal manner.#8221; M.R.Crim. Narrative For College? P. 35(a). 5 At oral argument, Gilman suggested that the music dissertation minimum mandatory sentence for his offense must also be proportional in context, that is, it must be proportionate not only to his specific crime, but also to the sentences imposed by related to nursing the Legislature for other crimes. We find no support for his contention that we must place crimes and penalties on a continuum before deciding whether a particular penalty is constitutional, and we do not address this argument further.

6 Although the Maine Constitution, unlike the United States Constitution, delineates the protections against disproportionate punishments and cruel or unusual punishments separately, both the music education Supreme Court and this Court have understood them to be related. Narrative? See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (#8220;The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. Music Education Dissertation? . . . The Eighth Amendment#8217;s protection . . . Related To Nursing? flows from the basic precept of justice that punishment for a crime should be graduated and proportioned to the offense.#8221; (quotation marks omitted)); State v. Music Education Dissertation? Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (#8220;In analyzing whether a sentence is cruel and unusual as applied, we look to whether the types of descriptive sentence is greatly disproportionate to the offense and whether it offends prevailing notions of decency.#8221;); State v. Education? Frye, 390 A.2d 520, 521 (Me. 1978) (#8220;A mandatory sentence is not cruel and unusual punishment unless the sentence is greatly disproportionate to the offense or the punishment offends prevailing notions of decency#8221;); Tinkle, The Maine State Constitution: A Reference Guide (1992) at critical thinking questions to nursing 43 (#8220;The interpretation of `cruel or unusual punishment#8217; also is informed by the requirement of proportionality.#8221;). 7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for music dissertation, OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to thesis, the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to the offense); State v. Briggs, 388 A.2d 507, 508 (Me. 1978) (holding mandatory $500 fine for night hunting not excessive); State v. King, 330 A.2d 124, 125, 127 (Me.1974) (holding minimum mandatory sentence for sale of amphetamine not disproportionate and thus not cruel and unusual); State v. Farmer, 324 A.2d 739, 745-46 (Me. 1974) (holding minimum mandatory two-year sentence for music education, armed assault not cruel and essay unusual); State v. Dissertation? Lubee, 93 Me. 418, 45 A. Democratic Congo? 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. 2641, 171 L.Ed.2d at 540 (holding death penalty for non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S. 551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for education, juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. Narrative Essays For College? 11, 17-18, 30-31, 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (holding sentence of twenty-five years to life for stealing three golf clubs under #8220;three strikes#8221; law not grossly disproportionate and therefore not cruel and unusual); Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. Dissertation? Michigan, 501 U.S. 957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of critical thinking related to nursing life without parole for possessing 672 grams of cocaine not cruel and unusual).

9 In felony cases where the applicable statute does not specify a mandatory sentence, the sentencing court first determines a basic sentence considering the music education nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at a maximum sentence that may be higher or lower than the basic sentence, and finally determines whether any of the maximum sentence should be suspended in arriving at a final sentence. Democratic Congo? 17-A M.R.S. ? 1252-C. Education Dissertation? 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the Maine Constitution gives the Governor the equitable power to #8220;grant reprieves, commutations and help pardons#8221; in individual cases. Me. Const. art. V, pt. Music? 1, ? 11.

11 Discussing what would qualify as disproportionate under the Eighth Amendment, the types of descriptive essays Supreme Court used the hypothetical example of #8220;a legislature making overtime parking a felony punishable by life imprisonment.#8221; Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. Dissertation? ? 2557 was repealed and replaced by P.L. 2005, ch. 606, ?? A-10, A-11 (effective Aug. 23, 2006) (codified at 29-A M.R.S. ? 2557-A (2008)). Global To Write About? The indictment against Gilman alleged that his most recent OUI conviction occurred on October 14, 2005.

Gautier#8217;s conviction for being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g)(1) subjects him to the enhancement provision of the Armed Career Criminal Act. 590 F.Supp.2d 214. UNITED STATES of America, Eddie GAUTIER, Defendant. Criminal No. 06cr0036-NG. United States District Court, D. Massachusetts. Music Education? December 23, 2008.

COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. Oscar Cruz, Jr., Timothy G. Watkins, Federal Defender#8217;s Office District of Massachusetts, Boston, MA, for Eddie Gautier. William D. Weinreb, United States Attorney#8217;s Office, John A. Wortmann, Jr., United States Attorney#8217;s Office, Boston, MA, for republic, United States of America. Music Education Dissertation? GERTNER, District Judge: TABLE OF CONTENTS. Essays For College? A. Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass. Gen. 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent.

2. Whether the Crime Defined by Prong (2) of § 32B Is a Violent. B. Music Dissertation? Whether the types essays 1998 Juvenile Offenses Were Committed on music education dissertation Different. 2. Whether the Inquiry Is Limited, to Shepard-approved Source. Three years ago, Boston police found a badly rusted gun and ammunition in the pocket of defendant Eddie Gautier (#8220;Gautier#8221;) one night in Roxbury. The offense stemmed from a night of drunken carousing; the gun was completely inoperable.1 Though he was originally arrested by state officers, possession of an inoperable gun did not constitute a crime under state law. The federal government took up the case, charging Gautier with being a felon in possession of a firearm, pursuant to 18 U.S.C. § 922(g)(1), because of his prior record. His prior convictions include two armed robberies from 1998, when he was 16, and a resisting arrest charge from narrative essays 2001, when he was 20. (He is presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the government wanted more punishment for Gautier. Music Education Dissertation? It contended that these convictions compelled the application of a fifteen-year mandatory minimum sentence under the global what to write about Armed Career Criminal Act (#8220;ACCA#8221;). See § 924(e) (applying the penalty to defendants with at least three previous convictions for violent felonies committed on education separate occasions).

I disagree. In passing the ACCA, #8220;Congress focused its efforts on essays career offenders— those who commit a large number of fairly serious crimes as their means of livelihood, and who, because they possess weapons, present at least a potential threat of harm to persons.#8221; Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier#8217;s criminal history consists of music six episodes over ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. After two rounds of briefing and two sentencing hearings, I found that Gautier is not an armed career criminal under the democratic essay terms of the statute. First, his resisting arrest conviction does not constitute a #8220;violent felony#8221; within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on music education dissertation the question of whether his 1998 offenses were #8220;committed on occasions different from one another#8221; as the statute requires. As a result, Gautier lacks the requisite three predicate offenses and the mandatory minimum does not apply. Css Selectors? 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 special requirements. Music? This memorandum reflects the factual and types essays legal bases for that sentence.

On the night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to visit his mother. He decided to meet four friends who were out music education, celebrating two of narrative their birthdays. About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in education dissertation an unmarked police car approached the group. One of Gautier#8217;s friends, Salome Cabrera, peered into the vehicle and made movements toward his waistband. The officers exited the car, badges displayed, and walked to thesis css selectors, Cabrera. Cabrera then allegedly shouted #8220;get the burner#8221; (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on the group. They arrested and searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier#8217;s jacket pocket. Music Dissertation? An examination later revealed that the gun was completely inoperable.3. Gautier was transferred to federal custody on February 8, 2006, and indicted on February 15, 2006, on one count of felon in possession of a firearm and one count of felon in essays possession of ammunition, both pursuant to 18 U.S.C. § 922(g)(1). Subsequent to his arrest, he agreed to speak to federal agents and police investigators, admitted to possessing the gun, and divulged where it had come from.

Indeed, according to his counsel, the defendant repeatedly offered to plead guilty to music dissertation, the charge, but was advised against it because of the possibility of an ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (#8220;PSR#8221;). Republic Essay? When the pre-plea PSR concluded that an ACCA enhancement was required, the music dissertation 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. Critical Related? His defense was that he had picked up the gun and music held it momentarily, to keep it from a group of younger, intoxicated friends in help a dangerous area of music Boston.

The jury rejected his claim, convicting him of both counts on for college July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the first sentencing hearing on October 15, I asked the government to brief whether resisting arrest qualifies as an ACCA predicate, an music education dissertation issue raised in critical questions related the defendant#8217;s objections to music, the presentence report. On that date, I also raised sua sponte the issue of whether the juvenile. offenses Gautier committed in types of descriptive 1998 were clearly separate predicates. At the education final sentencing hearing on December 15, 2008, after reviewing the homework help experts parties#8217; submissions, I concluded that the ACCA enhancement was not warranted, principally because of the resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. 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 the enhancement provision of the Armed Career Criminal Act. That statute provides: In the case of a person who violates section 922(g) of music education this title and of descriptive essays has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years#8230;. 18 U.S.C. Music Dissertation? § 924(e)(1). Gautier#8217;s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the sentencing enhancement: First, Gautier#8217;s conviction for thesis, resisting arrest may not be a #8220;violent felony#8221; under the ACCA. Second, the government may have difficulty establishing, on the basis of source material deemed appropriate by the Supreme Court, that the 1998 offenses were #8220;committed on occasions different from music education one another.#8221; A. Thesis? Whether Gautier#8217;s 2001 Crime of Resisting Arrest under Mass.

Gen. Laws Ch. 268, § 32B Is a Violent Felony. The ACCA defines #8220;violent felony#8221; as any crime punishable for a term exceeding one year that #8220;(i) has as an element the use, attempted use, or threatened use of physical force against the person of dissertation another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to warming what about, another.#8221; 18 U.S.C. § 924(e)(2)(B). Courts are obliged to apply a categorical approach to determining whether a criminal offense is a violent felony; that is, they look to the statutory definition of the prior offense and not to the facts underlying the conviction. See Taylor, 495 U.S. at 600, 602, 110 S.Ct.

2143. Put simply, the issue is what the defendant was convicted of, or what he pled to, or what he admitted in the sentencing proceeding, not what he actually did. United States v. Shepard, 181 F.Supp.2d 14, 16 (D.Mass.2002).4 Where such a substantial enhancement is involved. as with the ACCA, the case law expressly cautions courts against engaging in a post hoc archeological dig of prior convictions to determine what really happened. Problems of interpretation arise when a state statute on which the education predicate charge was based encompasses both violent felonies, which may qualify for ACCA treatment, and nonviolent felonies, which do not. In such a case, while the sentencing judge #8220;may not hold a minitrial on thinking questions related to nursing the particular facts underlying the prior offense,#8221; see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Education? Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may #8220;peek beneath the coverlet#8221; of the formal language to ascertain whether the conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994). The question, now unequivocally answered by the Supreme Court in Shepard v. Warming To Write? United States, 544 U.S. Music Education Dissertation? 13, 125 S.Ct. Experts? 1254, 161 L.Ed.2d 205 (2005), is how far that #8220;peek#8221; can go. #8220;Not very far, is the answer.#8221; United States v. Music Education Dissertation? Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at 142-46.) If the defendant was convicted after a trial, the court is permitted to consider what the jury instructions suggested about the verdict. Essays For College? When a defendant#8217;s conviction resulted from a guilty plea rather than trial, those sources include the charging document, the plea agreement, a transcript of the plea colloquy, any facts confirmed by the defendant at sentencing, and any comparable judicial record.

See Shepard, 544 U.S. at 26, 125 S.Ct. 1254. Finally, if the relevant facts contained in the PSR are uncontested, the court may consider these as further admissions by the defendant. See Dueno, 171 F.3d at education dissertation 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in the record of Gautier#8217;s 2002 plea to the charge establishes that the plea was to the violent version of the felony. Experts? Under the music Massachusetts statute, a person is guilty of the 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 the police officer or another; or (2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.#8221; Mass.

Gen. Laws ch. 268, § 32B(a). The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it #8220;has as an element the use, attempted use, or threatened use of physical force against the person of another.#8221; 18 U.S.C. § 924(e)(2)(B)(i); see Gov#8217;t Sent. Mem.

3 (document # 62). Prong (2) of the critical questions related to nursing resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Gautier#8217;s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted. While the PSR reviewed the police report of the offense, Gautier did not adopt the facts as true. Rather, he interposed a Shepard challenge to any #8220;peek#8221; at the underlying facts not comprised by the plea colloquy.

Accordingly, as in Shepard, the criminal complaint to music education dissertation, which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and provides its full statutory definition.5 As there is no evidence that Gautier specifically pleaded guilty to the Prong (1) version of resisting arrest and global what as the. statute is structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot. 1. Whether the Crime Defined by dissertation Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the what to write about Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in the ACCA. That is, the language #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; Mass Gen. Laws. ch. 268, § 32B(a), does not explicitly #8220;ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another,#8221; 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the fact that the education dissertation Prong (1) definition of resisting arrest does contain such an element, coupled with Prong (2)#8217;s specification of resistance by #8220;other means,#8221; suggests that Prong (2) does not involve such an element by implication, either. 2. Whether the global warming Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(ii) If Prong (2) of the Massachusetts resisting arrest statute defines a violent felony for the armed career criminal mandatory minimum, it must do so under the second definition provided by the ACCA. Since resisting arrest is obviously not one of the music dissertation enumerated offenses—burglary, arson, extortion, or a crime that involves the use of explosives—the inquiry focuses on for college what has been called the residual clause of the ACCA statute. See James v. United States, 550 U.S. 192, 127 S.Ct.

1586, 1591, 167 L.Ed.2d 532 (2007). The issue is whether resisting arrest #8220;using any other means which creates a substantial risk of causing bodily injury to such police officer or another,#8221; in the language of the music dissertation Massachusetts statute, Mass. Gen. Laws. ch. Thesis Css Selectors? 268, § 32B, #8220;involves conduct that presents a serious potential risk of physical injury to music education dissertation, another,#8221; in the language of the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the critical thinking related to nursing question seems to music, answer itself, but the of descriptive Supreme Court has required more than a textual comparison of the music criminal statute and the ACCA under the global about residual clause. In Begay v. United States, ___ U.S. ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in which the Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a #8220;violent felony#8221; under the residual provision of § 924(e)(2)(B)(ii). Where the offense in question is not one of music education dissertation those enumerated in the statute, a court must determine not only (1) whether that offense #8220;involves conduct that presents a serious risk of physical injury to another,#8221; but also (2) whether the crime is #8220;roughly similar, in kind as well as in types essays degree of risk posed, to the#8221; enumerated offenses. Id. at 1585.

The latter step is critical here. It requires a court to decide whether the offense in question typically involves #8220;purposeful, violent, and aggressive behavior#8221;—the defining feature of the education enumerated offenses. The Court based the Begay test on the text of the ACCA, its legislative history, and for college its underlying purpose. Music Education Dissertation? As to text, the court noted that the presence of the enumerated offenses of burglary, arson, extortion and crimes involving explosives #8220;indicates that the statute covers only similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.#8217;#8221; Id. Had Congress intended the republic essay statute to cover all crimes creating serious risk of music dissertation injury, it would have omitted the examples.

As to history, the Court noted that in 1986 #8220;Congress rejected a broad proposal that would have covered every [such] offense.#8221; Id. at 1586. Democratic Republic Congo Essay? Finally, the Court noted that this interpretation served the ACCA#8217;s purpose of #8220;punish[ing] only a particular subset of music education dissertation offender, namely career criminals.#8221; Id. at 1588: The listed crimes all typically involve purposeful, #8220;violent,#8221; and narrative for college #8220;aggressive#8221; conduct#8230;. That conduct is such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to music education dissertation, harm a victim#8230;. Were we to read the statute without this distinction, its 15-year mandatory minimum sentence would apply to a host of crimes which, though dangerous, are not typically committed by those whom one normally labels #8220;armed career criminals.#8221; Id. at 1586-87 (citations omitted). Thinking Questions To Nursing? In Begay, the Court assumed without deciding that drunk driving involves conduct that #8220;presents a serious potential risk of physical injury to another.#8221; Id. at 1584. Music Education Dissertation? Even so, it held under the second step of the analysis that a conviction for driving under the influence (#8220;DUI#8221;) falls outside the democratic republic essay scope of the dissertation residual clause because #8220;[i]t is simply too unlike the provision#8217;s listed examples for us to believe that Congress intended the provision to cover it.#8221; Id. at 1584. Moreover, the Supreme Court has held that in conducting this analysis, courts need not analyze #8220;every conceivable factual offense covered by essay a statute,#8221; but rather should consider #8220;the ordinary case#8221; of the offense. James, 127 S.Ct. at 1597. In the music dissertation words of the thesis First Circuit, I must evaluate the degree of risk posed by #8220;the mine-run of conduct that falls within the heartland of the statute.#8221; United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of being a felon in possession of a firearm is not a violent felony under the ACCA because risk of physical harm does not #8220;often accompany[] the conduct that normally constitutes#8221; the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court#8217;s understanding that it had to 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 only if a serious potential risk of physical injury to another is dissertation a `normal, usual, or customary concomitant#8217; of the predicate offense#8221;); Winter, 22 F.3d at 20 (#8220;A categorical approach is not concerned with testing either the outer limits of statutory language or the myriad of possibilities girdled by that language; instead, a categorical approach is concerned with the usual type of conduct that the statute purports to proscribe.#8221;). To determine the mine-run of help experts conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in the Massachusetts state courts. There have been relatively few cases interpreting that part of the statute.

In Commonwealth v. Grandison, 433 Mass. 135, 741 N.E.2d 25 (2001), the Supreme Judicial Court ruled that the defendant#8217;s stiffening his arms and dissertation pulling one away for a second to avoid being handcuffed constituted resisting arrest by a #8220;means which creates a substantial risk of causing bodily injury#8221; to the officers involved. Id. at 144-45, 741 N.E.2d 25. In Commonwealth v. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an intermediate appellate court likewise held that a defendant resisted arrest under Prong (2) when he stiffened his arms and refused to put his hands behind his back.6 Id. at 468-69, 841 N.E.2d 717. In another case, a state court declined to. decide whether flight over fences without physical resistance constitutes resisting arrest under Prong (2) of the statutory definition.

Commonwealth v. Grant, 71 Mass. App.Ct. 205, 210 n. 2, 880 N.E.2d 820 (2008). These cases indicate that while Prong (1) of the resisting arrest statute covers the actual or threatened use of force, the critical thinking related mine-run of education conduct criminalized by Prong (2) involves a lesser version of #8220;active, physical refusal to submit to the authority of the of descriptive essays arresting officers#8221;: paradigmatically, the dissertation stiffening of one#8217;s arms to democratic congo essay, 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 music education dissertation resisting arrest #8220;presents a serious potential risk of global warming what to write about physical injury to another.#8221; Stiffening one#8217;s arms to prevent handcuffing, the usual conduct prosecuted under Prong (2), sometimes does and sometimes does not present a serious risk of injury, and at least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to satisfy this part of the test. See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at music dissertation *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a #8220;violent felony#8221; for ACCA purposes) (#8220;While an individual can, and critical thinking to nursing often does, cause serious personal injury or death while attempting to music, flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.#8221;). In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling one#8217;s arm free, is #8220;[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at warming about the moment [the defendant] freed his arm.#8221; 433 Mass. at music education dissertation 145, 741 N.E.2d 25.

Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to another, that form of resisting arrest cannot fulfill the second part of the Begay test. The crime is not #8220;roughly similar, in kind as well as in degree of thesis risk posed, to the#8221; enumerated offenses. Begay, 128 S.Ct. at music education dissertation 1585. About? First, looking to the degree of risk: Even if the Grandison court is correct that stiffening one#8217;s arms and pulling away present a serious risk of harm to another, the degree of that risk does not approach that posed by burglary, arson, extortion, or crime involving use of music dissertation explosives. The Supreme Court has explained that burglary presents a high risk of global warming what to write violence due to #8220;the possibility of a face-to-face confrontation between the burglar and dissertation a third party #8230; who comes to investigate.#8221; James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the #8220;powder keg#8221; rationale). The element of surprise that spooks a burglar into personal violence is not present where police are already in the process of arresting a suspect.8 It is. Democratic Essay? measurably less likely that injury will result from the stiffening of music one#8217;s arms than that it will result from a burglary, the setting of a structure on css selectors fire, unlawfully demanding property or services through threat of harm, or the detonation of explosive devices.9. Second, looking to the #8220;in kind#8221; test, whether Prong (2) resistance is similar in kind to education, the enumerated offenses: This inquiry requires me to determine whether the warming to write offense involves #8220;purposeful, violent, and aggressive behavior.#8221; In Begay, the Court held that drunk driving does not fulfill the music education dissertation test because the offender does not possess the purpose or intentional aggression that characterizes the css selectors enumerated offenses. 128 S.Ct. at education dissertation 1586-87 (#8220;[S]tatutes that forbid driving under the influence #8230; criminaliz[e] conduct in css selectors respect to which the offender need not have had any criminal intent at dissertation all.#8221;); see also United States v. Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of violence because it is not intentional). But as the First Circuit recognized in United States v. Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall #8220;neither within the global to write safe harbor of offenses with limited scienter requirements and uncertain consequences (like DUI #8230;), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.#8221; Id. at music dissertation 7 (citation omitted). Thesis? Prong (2) resistance is such a crime.

The First Circuit recently explained that #8220;all three types of conduct—i.e., purposeful, violent and aggressive—are necessary for a predicate crime to qualify as a `violent felony#8217; under ACCA.#8221; United States v. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). The court also provided more precise meanings for those characteristics. It explained: The Supreme Court #8230; use[d] #8220;purposeful#8221; interchangeably with #8220;intentional.#8221; [Begay, 128 S.Ct.] at 1587-88. Perhaps because it is education common sense that a DUI is not violent or aggressive in an ordinary sense, the Supreme Court did not define those terms or explain in other than conclusory terms why a DUI was not violent or aggressive. We note, therefore, that aggressive may be defined as #8220;tending toward or exhibiting aggression,#8221; which in turn is defined as #8220;a forceful action or procedure (as an unprovoked attack) esp. when intended to dominate or master.#8221; Merriam-Webster#8217;s Collegiate Dictionary 24 (11th ed. 2003). Types? Violence may be defined as #8220;marked by extreme force or sudden intense activity.#8221; Id. at 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for homicide by negligent operation of a motor vehicle was not a #8220;crime of violence#8221; under the career offender sentencing guidelines.10 Id. at 59. While the offense undoubtedly presented a serious potential risk of music education dissertation potential injury to. another, it was not purposeful or aggressive enough to 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 risk of injury). Of Descriptive? It is differently purposeful, however, from the interstate transport of a minor for prostitution, which the First Circuit held in Williams constituted a #8220;crime of violence#8221; under the career offender provision of the sentencing guidelines. 529 F.3d at 7-8. A defendant who prostitutes minors #8220;is aware of the risks that the prostituted minor will face#8221; and the risk of harm is education #8220;easily foreseen by the defendant,#8221; id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Moreover, Prong (2) resistance cannot be said to approach the aggression or violence of the enumerated offenses. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct. 2143 (noting that Congress considered burglary #8220;one of the `most damaging crimes to society#8217; because it involves #8216;invasion of help [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and music education dissertation valued possessions#8217;#8221; (quoting H.R.Rep.

No. Global What To Write? 98-1073, at 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is dissertation not characterized by the force or domination impulse that the First Circuit has held defines aggression, and of descriptive it lacks the music education dissertation extreme force and sudden intenseness required by the court#8217;s definition of violence. Thinking Related? See Herrick, 545 F.3d at 60. Nor does it resemble those offenses previously held by music education the First Circuit and what the district courts in dissertation its jurisdiction to constitute violent felonies or crimes of violence under the residual clause. See United States v. Narrative For College? Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and dissertation entering a commercial or public building); United States v. Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the to nursing premises of another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and battery on music education a child under 14); United States v. Sanford, 327 F.Supp.2d 54 (D.Me.2004) (assault and battery); Mooney v. United States, 2004 WL 1571643 (D.Me. Apr.

30, 2004) (breaking and entering a commercial building); United States v. Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a person over 14 years old). And those cases predated Begay, when the standard for finding an offense to be a #8220;violent felony#8221; was easier to satisfy. In light of the difference in aggression and violence between resisting arrest and narrative the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the music dissertation enumerated offenses in the #8220;`way or manner#8217; in which it produces#8221; risk of injury. Begay, 128 S.Ct. at 1586. Types Of Descriptive? To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay. #8220;charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.#8221; Williams, 529 F.3d at music education 6. Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the thinking questions related to nursing government#8217;s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a #8220;crime of violence#8221; under the career offender guidelines. United States v. Kristopher Gray, No. 07-10337-RWZ, 2008 WL 2563378 (D.Mass. Jun. 24, 2008) (sentencing defendant without written opinion to twenty-four months imprisonment for conviction under 18 U.S.C. § 922(g)).

In another post-Begay case on resisting arrest, the U.S. Music? District Court for the District of thinking questions related to nursing Kansas held that the crime of fleeing and music education dissertation eluding an officer is not a crime of violence because #8220;the statute also charges behavior which would arguably not cause serious personal injury#8221; and because resisting arrest #8220;is not similar to the listed crimes set forth#8221; in warming § 924(e)(2)(B)(ii). Urbano, 2008 WL 1995074, at music education dissertation *2. Critical Thinking Questions? Importantly, the music district court so held despite the existence of global to write a 2005 precedent concluding that the resisting arrest was a crime of violence. The court explained its about-face as required by music education dissertation Begay.

Id. at *2. Help Experts? In light of the Supreme Court#8217;s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is not a #8220;violent felony#8221; under the dissertation ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of one#8217;s arms, not the application of force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in narrative essays for college degree of risk or in kind. Music? The state court criminal complaint charges Gautier with the full definition of thesis resisting arrest. Because the government cannot establish that he pleaded to music education, Prong (1) rather than to Prong (2)—as it must— it cannot look to this conviction for thesis, a qualifying violent felony. Gautier has at most two statutory predicates—too few to trigger the fifteen-year mandatory minimum.

B. Whether the 1998 Juvenile Offenses Were Committed on music education dissertation Different Occasions. 1. Legal Standard. That Gautier#8217;s resisting arrest conviction is not a violent felony is enough to preclude the application of the ACCA enhancement. In the alternative, I find the enhancement is also flawed for a second reason: his 1998 juvenile offenses were not #8220;committed on occasions different from one another#8221; as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1). The First Circuit has held that #8220;the `occasions#8217; inquiry requires a case-by-case examination of the totality of the circumstances.#8221; United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004). Factors in democratic republic essay that examination include the dissertation #8220;identity of the victim; the type of crime; the time interval between the crimes; the location of the crimes; the continuity vel non of the defendant#8217;s conduct; and/or the apparent motive for the crimes.#8221; Id. As one would expect from thesis css selectors Congress#8217; use of the word #8220;occasion,#8221; the First Circuit has focused on the element of time. The Stearns court summarized that the statute distinguishes between, on the one hand, #8220;a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,#8217; viz., a period (however brief) which is devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; and on the other, #8220;a time lapse which does not mark the endpoint of the first crime, but merely the natural consequence of a continuous course of extended criminal conduct.#8221;13 387 F.3d at 108 (defendant who burglarized the education same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me.

Dec. 21, 2007) (two robberies committed over five weeks apart against different victims in thinking questions to nursing different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Education? Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in of descriptive essays Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the music same victim and defendant was convicted and sentenced for both on the same day); United States v. Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on different occasions for the purposes of the ACCA, even though defendant received concurrent sentences). 2. Whether the Inquiry Is Limited to Shepard-approved Source Material. Again, in order to of descriptive essays, 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 dissertation, determining whether a prior conviction qualifies as a #8220;violent felony#8221; and thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. 575, 588, 110 S.Ct.

2143, 109 L.Ed.2d 607 (1990). In the global warming to write about case of a guilty plea, the Court has limited district courts to music education, #8220;the terms of the charging document, the terms of a plea agreement or transcript of colloquy between judge and narrative essays for college defendant in which the dissertation 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 what one another.#8221; 18 U.S.C. § 924(e)(1). The First Circuit has never ruled on this issue. In a pre-Shepard case, the education dissertation court #8220;express[ed] no opinion#8221; on the lower court#8217;s citation of Taylor for the proposition #8220;that district courts normally should not look beyond the indictment when determining whether a prior conviction is the democratic essay type countable under the ACCA.#8221; Stearns, 387 F.3d at music education 107. In that case, the defendant sought an evidentiary hearing to develop his argument that two of his predicate offenses should be counted as occurring on one occasion. The district court interpreted Taylor to forbid such an involved inquiry and denied his motion, but because the defendant accepted the homework experts judge#8217;s ruling without objection, the First Circuit held he could not raise the music education dissertation issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the First Circuit again declined to resolve the issue. The defendant argued it was error for the district court to warming to write about, use facts gleaned from police reports and dissertation described in global about 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 address his argument, finding that even counting the music education dissertation 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 source restriction applies to the occasions inquiry. The Fourth Circuit held in United States v. Homework Help Experts? Thompson, 421 F.3d 278 (4th Cir.2005), that the #8220;ACCA#8217;s use of the term `occasion#8217; requires recourse only to data normally found in conclusive judicial records, such as the date and location of an offense, upon music, which Taylor and Shepard say we may rely.#8221; Id. at 286 (upholding trial judge#8217;s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from Shepard-approved sources such as indictments and where defendant never objected to css selectors, the details in the PSR); see also United States v. Williams, 223 Fed.Appx. 280, 283 (4th Cir. 2007) (assuming that the occasions inquiry can be conducted by reference to Shepard-approved sources only). In United States v. Fuller, 453 F.3d 274 (5th Cir.2006), the Fifth Circuit vacated an ACCA enhancement where the music court could not establish on the basis of Shepard-approved material that the thinking related predicate offenses were committed on different occasions. Id. at 279; see also United States v. Bookman, 197 Fed. Dissertation? Appx. 349, 350 (5th Cir.2006) (per curiam) (vacating defendant#8217;s sentence where the sequence of his predicate offenses was not established by Shepard-appropriate material). The Tenth Circuit has held that a criminal sentence enhanced by the ACCA should be vacated and remanded when it is unclear whether the sentencing court limited itself to Shepard sources in determining whether the defendant#8217;s prior crimes were committed on different occasions.

See United States v. Harris, 447 F.3d 1300, 1305 (10th Cir.2006); United States v. Taylor, 413 F.3d 1146, 1157-58 (10th Cir. Homework Experts? 2005). Several district courts have come to the same conclusion. See, e.g., United States v. Carr, No. Music Education? 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct. 16, 2008) (limiting the occasions inquiry to types of descriptive, facts available in Shepard-approved material), including at least one court in a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at music *4 (M.D.Fla. June 26, 2007) (accepting the applicability of Shepard and holding that the trial court #8220;properly reviewed the charging documents to determine that the offenses occurred on of descriptive three separate occasions#8221;). By contrast, three circuits have held that the source restriction applies only to the violent felony inquiry and not to the occasions inquiry. The Sixth Circuit has been most emphatic: #8220;All of our opinions on this issue have involved consideration of the dissertation specific facts underlying the prior convictions.

Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the predicate offenses.#8221; United States v. Thomas, 211 F.3d 316, 318 n. 3 (6th Cir. 2000). The Seventh Circuit has likewise allowed sentencing judges to thesis css selectors, venture beyond the decisional documents envisioned by Taylor, reasoning that these only rarely provide the details that reveal whether offenses were committed on separate occasions, see United States v. Hudspeth, 42 F.3d 1015, 1019 n. 3 (7th Cir.1994) (holding #8220;[a]s a practical matter#8221; that Taylor does not restrict the occasions inquiry), and the Eleventh Circuit has held on music dissertation the same grounds that the essays for college question is #8220;unsuited to a categorical approach,#8221; United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. Music Education? 2000). Importantly, however, these cases came down before the Supreme Court reaffirmed its commitment to the categorical approach in Shepard.

But see United States v. Hendrix, 509 F.3d 362, 375-76 (7th Cir. 2007) (affirming the district court#8217;s use of the PSR to determine that defendant had three predicates from essay different occasions for the ACCA). Education Dissertation? I find that the former approach is more faithful to the Supreme Court#8217;s rulings in Taylor and Shepard and makes sense in terms of the application of the very severe ACCA. As I explained in what to write my remand opinion in Shepard, the Supreme Court#8217;s categorical approach #8220;caution[s] the judge against education, becoming embroiled in a `daunting#8217; factual inquiry about what had actually happened at democratic the time of the state offense.#8221; United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). Education Dissertation? 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 state court?#8221; Id. at 17.

Where a defendant has not been found guilty by experts a jury, it is only fair to punish him for the prior conduct that he actually admits, either by pleading to the facts alleged or failing to object to them at sentencing.14. In light of the Supreme Court#8217;s caution in this area and the judgment of the courts of appeals, I find that I am limited to #8220;the statutory definition, charging document, written plea agreement, transcript of 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 16. Music Education Dissertation? 3. The 1998 Offenses. In the thinking questions to nursing instant case, the only Shepard-approved sources available to music education, me in homework help experts deciding whether the 1998 offenses occurred on music different occasions are the state court indictments and Gautier#8217;s plea tenders. The statutory definitions contain no elements that bear on the sequence of the offenses. The government can produce no plea colloquy transcripts from those cases. And no additional underlying facts were incorporated into help the PSR and music adopted by warming what to write about the defendant. Music Education Dissertation? PSR ¶¶ 35-36 (repeating the details provided in the indictments and css selectors specifically stating that police reports were not received). While the music dissertation plea tenders merely contain the defendant#8217;s and republic congo essay prosecutor#8217;s dispositional requests, several things are evident from the music education dissertation face of the indictments.

In Suffolk Superior Court case no. 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named #8220;F.L.#8221; In Suffolk Superior Court case no. 98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to narrative for college, steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against dissertation, one #8220;E.M.#8221; Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.#8217;s car, robbed him of $25.00, and confined or imprisoned him against css selectors, his will. Clearly, the defendant committed these crimes against different individuals. Music? But the type of crime at global warming what to write about issue here (armed robbery) and the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the location of the crimes, the time interval between the music offenses, or the continuity of the conduct.

It is therefore not #8220;possible to discern the point at which the first offense is completed and the second offense begins.#8221; United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008). Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Critical To Nursing? Finally, I consider whether the mere fact that the offenses against education, F.L. and critical to nursing those against E.M. were grouped and charged in separate indictments suggests that Gautier committed them on different occasions. It is well settled that there is no one-to-one correspondence between indictments. and predicate offenses. See, e.g., United States v. 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). As such, courts have found that the music education existence of separate indictments is not dispositive evidence that the crimes alleged therein were committed on different occasions. See, e.g., United States v. Alcantara, 43 Fed.Appx. 884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed #8220;on or before November 30#8243; did not establish that the offenses occurred on #8220;occasions different from one another#8221; for the purpose of the ACCA); cf. United States v. Goetchius, 369 F.Supp.2d 13, 16-17 #038; n. 6 (D.Me. 2005) (holding that Shepard#8217;s source restriction governs determinations of whether prior crimes were #8220;related#8221; under the help Sentencing Guidelines criminal history provisions, then ruling that the existence of music education separate indictments did not mean they were unrelated). This conclusion applies with the same force to the instant case. Prosecutors have wide discretion as to the form of criminal charging. Under Massachusetts Rule of essays Criminal Procedure 9(a)(2), the Commonwealth #8220;may#8221; charge two or more related offenses in the same indictment, and it may not. The fact that the Suffolk County district attorney charged Gautier#8217;s 1998 offenses in separate indictments, then, says nothing about how distinct they were. As no Shepard-approved material establishes that Gautier experienced #8220;a period #8230; devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,#8221; Stearns, 387 F.3d at 108, I cannot fairly conclude that he committed the armed robberies #8220;on occasions different from one another.#8221; By the terms of the ACCA itself, the 1998 offenses do not provide more than a single predicate.

This result provides a secondary reason the mandatory minimum does not apply to Gautier.15. IV. THE SENTENCE. A. Education? The Guidelines Computation. 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). While the government argues that the css selectors defendant committed perjury during his trial testimony, I do not agree and music dissertation will not enhance under § 3C1.1. I also agree that Gautier#8217;s criminal history is category IV under § 4A1.1(d) and (e). The Guidelines range, then, is 63-78 months. B. 18 U.S.C. § 3553(a) Factors.

Gautier argues for a 48-month sentence because the gun was inoperable, because he took possession of it as a safety measure to avoid what he believed to be imminent harm to types of descriptive essays, others, and because he has turned his life around while in custody. I can find no clear rationale for music education dissertation, a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to achieve the purposes of 3553(a) for the following reasons: 1. Warming About? Nature and Circumstances of the Offense. Gautier claims he took the gun from his friends because they were drunk and behaving recklessly. Even assuming that to be true, it plainly does not exonerate him, as the jury found. Given his record, he should not have put himself in a position where the offense was even possible: in the Archdale projects, with drunk and disorderly compatriots, so much as touching a firearm. Nevertheless, I believe this was a last minute and momentary possession, not something he sought out at music dissertation the time, or did regularly. 2. Deterrence; Public Safety. Gautier cooperated with the authorities from the outset. Related To Nursing? He told them what he knew, offered to plead guilty, but was advised otherwise by music education dissertation his counsel. He went to trial on the advice of his attorney to preserve his challenge to the ACCA.16 He plainly took responsibility for what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines.

I found Gautier contrite at his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in his life. Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and the family then relocated from css selectors 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 dissertation, 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 Massachusetts. DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and cradled his friend as he died. After this incident another good friend. Critical Thinking To Nursing? died of complications relating to education dissertation, pneumonia.

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

Gautier spoke movingly of this work. He indicated to Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from future offending, but also a track record of missteps that plainly require both punishment and assistance. Gautier has made efforts to homework help, give his life structure, but needs more. I have required Probation to devise a recommended plan for education dissertation, him, both as a recommendation for the Bureau of Prisons during the period of republic his incarceration and as a template for his supervised release afterwards. Education? Studies suggest the significance on recidivism of a consistent plan, beginning in prison and 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 speak at thesis css selectors high schools or to other young men identified by Probation as #8220;at risk.#8221; I believe that a sentence of 57 months is education appropriate here for the following reasons. It marks the low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in global warming what to write about possession, without the dissertation ACCA enhancement, and pled to republic essay, that offense as he had wanted to do.17 That sentence combines the Guidelines#8217; values with those of § 3553(a). 1. The ballistics report observed that #8220;a portion of the trigger guard is broken off, the ejector rod collar is out of education dissertation place, the ejector rod spring is defective, the ejector rod will not secure the cylinder in the closed position, the cylinder hand is not making contact with the democratic republic congo essay cylinder, and neither the trigger nor the hammer can be drawn back to the firing position. There is rust on education the cylinder, the ejector, the crane, and the trigger.

This weapon cannot be fired in its present condition and in my opinion it would require extensive work and new parts to return this weapon to a state in which it can be discharged.#8221; Boston Police Ballistic Unit Case Notes, Def.#8217;s Sent. Thinking Questions? Mem., Ex. Music Education? B (document # 60-2). 2. His prior convictions include offenses committed in the course of two armed robberies perpetrated on the same day in 1998; marijuana possession and distribution in 2001; resisting arrest and trespassing in 2001; possession with intent to thesis css selectors, distribute marijuana in 2005; and attempted breaking #038; entering and possession of burglarious tools (screwdriver) in 2004. See Pre-sentence Report (#8220;PSR#8221;) ¶¶ 35-40. 3. Gautier made incriminating statements during the booking procedure, including #8220;You got me with the burner, I#8217;m gonna take a plea and do a year#8221; and #8220;That#8217;s a separate charge? Of course it#8217;s gonna have bullets in it, it#8217;s a gun.#8221; He waived his Miranda rights and made similar statements during a police interview. 4. In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to music, any underlying police reports or complaint applications that had not been adopted by the defendant when determining whether prior convictions were #8220;burglaries#8221; under the ACCA.

The First Circuit reversed, holding that police reports could be considered if they #8220;constituted sufficiently reliable evidence of the government and the defendant#8217;s shared belief that the defendant was pleading guilty#8221; to essays for college, a generically violent crime. United States v. Shepard, 231 F.3d 56, 70 (1st Cir.2000). I then concluded that the central question was, what did the defendant plead to in state court, and music education that the police reports did not provide reliable evidence on that central question. Essays? United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). Education? The First Circuit again reversed, holding that the police reports could be considered and instructing me to apply to ACCA mandatory minimum. United States v. Shepard, 348 F.3d 308, 315 (1st Cir.2003). The Supreme Court then reversed the court of appeals, holding that a sentencing court may not look to police reports or complaint applications not made a part of the plea or colloquy or adopted by defendant, in determining whether a defendant had pleaded to a violent felony. Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct.

1254, 161 L.Ed.2d 205 (2005). 5. The criminal complaint substitutes the narrative essays word #8220;some#8221; for the word #8220;any#8221; in music #8220;any other means.#8221; This discrepancy is of no consequence in this case. 6. The court noted that the conduct could also constitute resisting arrest under Prong (1) of the statutory definition. Id. at 719. 7. The government describes these as #8220;marginal or unusual examples of the crime,#8221; Gov#8217;t Sent.

Mem. Republic Essay? 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at the very core of Prong (2) resistance. 8. Last month, the Supreme Court heard argument in a case presenting the question of whether failure to report to prison is a violent felony under the ACCA. Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S. Nov. 10, 2008). This case presents the Court with an music dissertation opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to homework help, take the defendant into custody. The Seventh Circuit held as a matter of stare decisis that failure to report was a violent felony, though it emphasized that #8220;it is an music education embarrassment to the law when judges make decisions about consequences based on conjectures, in democratic essay this case a conjecture as to the possible danger of physical injury posed by criminals who fail to music, show up to begin serving their sentences.#8221; United States v. Thesis? Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against an arresting officer.

In that case, however, the defendant would be guilty of music dissertation resisting arrest under Prong (1), and the conviction would be an narrative essays ACCA predicate offense. Education Dissertation? 10. The First Circuit has repeatedly held that #8220;[g]iven the similarity between the ACCA#8217;s definition of `violent felony#8217; and the definition of `crime of violence#8217; contained in the pertinent guideline provision, #8230; authority interpreting one phrase is generally persuasive when interpreting the other.#8221; Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at thinking questions to nursing 142 n. Dissertation? 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. Types Of Descriptive Essays? In United States v. Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the music dissertation question of whether a conviction for resisting arrest was a prerequisite #8220;crime of violence#8221; under the experts career offender guideline, U.S.S.G. § 4B1.1. Music Education? 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 essays resisting arrest statute #8220;allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.#8217;#8221; Id. at education dissertation 310. Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for career offender status. In United States v. Almenas, Judge Saylor denied without opinion the defendant#8217;s motion to exclude his resisting arrest conviction as a predicate offense for homework experts, career offender status.

In that case, however, the music defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for it. (Almenas is now on appeal at the First Circuit. See Almenas v. Thesis Css Selectors? United States, No. 06-2513. Education Dissertation? Because the parties in that case have urged the court to remand the case on alternative grounds—namely, because the district court judge understood himself to have less discretion than actually afforded him under Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)—I resolve the issue here.) In United States v. Essays? Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of § 924(e)(1)(B)(ii) because #8220;[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and the subject of the arrest, creating the potential for serious physically injury to the officer and others.#8221; Id. at 455. Music? Because the court made no attempt to identify the type of conduct that usually underlies the conviction, I do not know how the questions related to nursing statute at issue there compares to the one at issue here. Finally, the Eighth Circuit held in United States v. Music Education? Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a #8220;crime of violence#8221; under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the possibility of a violent incident. See id. at 1055. 12. The government urged me to warming what, consider this alternative holding, even though it had not fully briefed it, in order to avoid addressing this issue on a remand, in music education the event of thesis css selectors resentencing.

13. This view accords with the guidance provided to trial judges in other circuits. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on different occasions because #8220;it is music education possible to discern the point at which the first offense is completed and the second offense begins#8221;); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on css selectors same night in separate doctor#8217;s offices 200 yards apart occurred on different occasions, because defendant #8220;made a conscious decision#8221; to commit another crime after completing the first). 14. The Shepard Court came to this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the ACCA enhancement would #8230; make a disputed finding of fact about what the defendant and state judge must have understood as the factual basis of the education prior plea, and the dispute raises the concern underlying Jones [v. Thesis? United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v.

New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury#8217;s finding of any disputed fact essential to dissertation, increase the narrative essays ceiling of a potential sentence. Shepard, 544 U.S. at 25, 125 S.Ct. 1254. The Court explained that while Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct.

1219, 140 L.Ed.2d 350 (1998), allows a judge to find a disputed prior conviction, #8220;the disputed fact here #8230; is too far removed from the conclusive significance of a prior judicial record, and too much like the findings subject to Jones and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute.#8221; Id. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the ACCA, one of music his January 8, 1998 criminal episodes does not qualify as a #8220;violent felony.#8221; The argument proceeds in several steps. Narrative Essays? First, an offense is not a #8220;violent felony#8221; unless it is #8220;punishable by imprisonment for a term exceeding one year,#8221; 18 U.S.C. § 924(e)(2)(B), and a crime is not punishable by imprisonment for a term exceeding one year if it has been #8220;set aside#8221; under state law, § 921(a)(20). In Massachusetts, a youthful offender#8217;s conviction is #8220;set aside#8221; when he is discharged from Department of music education dissertation Youth Services (#8220;DYS#8221;) custody. See Mass.

Gen. Laws ch. 120, § 21. Gautier notes that for types, one of the two indictments on music education dissertation which he was convicted in essays for college 1998, he was adjudicated a youthful offender, committed to DYS custody, and then discharged at age 21. Based on music dissertation the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. Thesis? The ACCA, however, is education not absolute in refusing to count convictions that have been set aside. Global To Write About? It clearly states that such a conviction cannot serve as a predicate violent felony #8220;unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.#8221; § 921(a)(20). Where a defendant#8217;s conviction is set aside by dissertation automatic operation of statutory law, rather than by personalized determination, this #8220;unless clause#8221; is read to include restrictions applied by types state statutory law.

See United States v. Caron, 77 F.3d 1, 4 n. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Music? Here, Gautier#8217;s discharge from experts DYS was accomplished by statute, Mass. Gen. Laws. ch. 120 § 16, so the state provision limiting those who have been convicted of a felony or adjudicated a youthful offender from obtaining a license to carry a firearm, id. at ch. 140 § 131(d)(i), applies to him. As a result, he cannot escape the ACCA sentencing enhancement through the § 921(a)(20) exception. 16. The government suggested at the sentencing hearing that Gautier could have entered a #8220;conditional plea,#8221; pleading guilty while preserving his legal arguments. For all intents and purposes, that is what his trial accomplished.

Gautier admitted he was a felon and admitted that he possessed the gun. He attempted to explain that possession to the jury. Given the dissertation enormity of the ACCA enhancement, I credit his counsel#8217;s advice and the motivation for the trying the warming what about case. 17. Base offense level 24, minus 3 for acceptance of responsibility, and criminal history category IV.

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Food Critic Essays and Research Papers. classified or distinguished in many different ways. The primary factors are usually the food itself (e.g. vegetarian, seafood, steak); the . cuisine (e.g. Italian, Chinese, Indian, French, Thai) and/or the style of offering (e.g. tapas bar, a sushi train, a tastet restaurant, a buffet restaurant or a yum cha restaurant). Beyond this, restaurants may differentiate themselves on factors including speed (see fast food ), formality, location, cost, service, or novelty themes (such as automated restaurants). Food critic , Gault Millau , Michelin Guide 1614 Words | 6 Pages. few weeks after Gerry's death where Holly is lip-syncing to a Judy Garland song. Music. I feel that this scene shows us just how much Holly misses Gerry.

She has . let herself go. Thesis. Her clothes are dirty as is her hair. Music Dissertation. The apartment is css selectors, a total wreck (trash, food , old take-out, and dirty dishes everywhere). When you see all this you view Holly as a depressed and sad person. At the end of the music, year Holly is clean and dresses very nice and you view her as happy and enjoying her new life. What drew me to. Academy Award for thinking questions Best Actress , Film , Film criticism 3110 Words | 8 Pages.

Restaurant Reviews: a Genre that Rants and music, Raves. not have. For instance, food critics talk about the aura of a restaurant, how it is decorated, the thinking questions related, type of people that work . there, the dissertation, cost, and more. Exploring this genre and help, its patterns is valuable for readers of restaurant reviews because it gives them the “low down” on which reviews provide more helpful information. It’s also important for education people who want to write them or entrepreneurs looking to enter into the restaurant business. In this study I will compare food critic reviews with blogger-type. Food , Food critic , Foodie 2185 Words | 7 Pages. Restaurant Guide Zomato’s website is divided into two sections • Blog Zomato’s App Explore all-new Collections Explore nearby restaurants Explore nearby . recommendations Visualize menus, photos, reviews and info Connect with “foodies” Share your food journey B2B or B2C? Both! B2B: ? Zomato condisers itself as “the most cost-effective high-impact marketing platform for dining establishments”.

It allows restaurants to: B2C: • The B2B model only works because of the B2C component. • The fact that. Food critic , Foodie , Menu 2162 Words | 45 Pages. same filmmaker Each of democratic republic, these essentials must be satisfied or the film criticism will lack its effectiveness. Music. A true critic realizes the . importance that they hold to the public. They help to shape and guide the potential consumers of movies (Bobker 239). This responsibility should definitely not be taken lightly. If the criticism is presented in a well-done fashion, the critic serves as a promoter of that form of art (Bobker 239). Pure Artistic Style Initially in the 1950s film criticism. Art , Critic , Criticism 2294 Words | 7 Pages. The Metamorphosis as a Piece of Art. works, mostly short stories, met with critical acclaim only after his death in homework help, 1924.

His stories usually present ? a grotesque vision of the world in dissertation, which . alienated, angst-ridden individuals seek to homework experts, transcend their tormented condition? (204). One critic has referred to him as ?the classical painter of the education dissertation, estrangement of modern man? (Czermak 7). It is in Franz Kafka?s short story ?The Metamorphosis,? that we meet Gregor Samsa, a traveling salesman that awakens one morning only to find himself in. Critic , Franz Kafka , Gregor Samsa 2131 Words | 6 Pages. Music Worksheet HUM 150 Week 3 Learning Team Assignment Film Matrix Comedy and help experts, Horror Presentation HUM 150 Week 4 Learning Team Assignment . Film Matrix Romance, Western, and Documentary HUM 150 Week 5 Individual Assignment Movie Critic HUM 150 Week 1-5 All DQ's, All summaries When you are traveling far from home for college, determine whether you should bring your vehicle or leave it home. Education Dissertation. In areas of essays for college, high population, free parking spaces can be difficult to music, find. Also.

Automobile , Critic , Documentary film 436 Words | 3 Pages. social in thesis, nature. Assessing, fulfilling, and shaping the needs, wants, and music education dissertation, desires of an audience should be the homework experts, first task of an artist. Art does not exist . in music education, isolation; it is a potent tool for individual as well as communal change. Though pragmatic critics believe that art houses the potential for massive societal transformation, art is conspicuously ambivalent in its ability to promote good or evil. Css Selectors. The critical project of pragmatic criticism is to establish a moral standard of quality for art. By. Aesthetics , Art , Critic 795 Words | 3 Pages. James Joyce: Reflections on the Legacy of the Artist.

of the 1900’s, marking James Joyce “as one of the music, greatest literary talents of the … century” (“James Joyce” 1207). Born in 1882, Joyce worked with new ideas . of realism and modernism to create masterpieces, being almost immediately recognized by critics as “the best prose writer of [the] generation” (Pound 123). Narrative. Each of Joyce’s major works takes place in or near Dublin, the city of music dissertation, his birth and residence until entering a period of self-exile after being “dissatisfied … with Irish nationalism. Critic , Criticism , Ezra Pound 805 Words | 3 Pages. Real Inspector Hound, which was written between 1961 and 1962 and premiered on June 17th 1968, is an absurd play that comments on the role of the . critic in relation to the play he or she critiques and critical thinking questions related, comments on the interdependent relationship that is formed between critic and education dissertation, actor. The Real Inspector Hound’s plot revolves around a couple of critics , Moon and Birdboot, who become embroiled in republic, a murder mystery while watching a play about a murder mystery; in this sense, The Real Inspector Hound. Actor , Critic , Criticism 1482 Words | 4 Pages. The Function of music, Criticism as Viewed by Northrop Frye. abilities.

Also, Frye makes a distinction between two types of critics : (a) one who faces the public (the one we would call the critical . reader), and (b) the one who is involved in the literary work; that is, the author himself. The primordial task of homework experts, a critic is then to evaluate the state of literature as it is presented, and exemplify how literature is to be absorbed into a particular society. It is also stated that both (the critic proper and music education dissertation, the critical reader) are supposed (though not all. Critic , Literary criticism , Literary theory 790 Words | 3 Pages. Arnold's Epochs of Expansion and Epochs of Concentration. world; (Leitch 824) said the global warming what about, Victorian poet and music education dissertation, critic Matthew Arnold. Matthew Arnold, an English poet and questions related, critic whose work was . both a representative of the Romantic ideas and of the Victorian intellectual concerns later on was the primary literary critic of education dissertation, his age. Arnold's critical theories is highlighted mainly through his most important critical prose The Function of Criticism at the Present Time in types essays, which he examines the role of the critic in education dissertation, society and presents his critical concept. Arnold's.

Critic , Critical theory , Criticism 2212 Words | 6 Pages. historically fictional film, Forrest Gump, underlying themes arise through the life story of an innocent soul. Critics describe the what, film to music education, be . Of Descriptive Essays. a magical story of education dissertation, a hero, while other critics describe the film to be idiotic and essays for college, insulting. Although critics downplay on the way the Gump’s story is told, I believe that the underlying messages of the story itself should be the education, main focus. Critics overlook the democratic republic essay, overall messages of the music, film, yet these messages are of great importance to the viewer. Themes. Alan Silvestri , English-language films , Forrest Gump 983 Words | 3 Pages. idea is that the thesis, intent of the author is not important; the text itself is all that should be examined. Literary criticism prior to education dissertation, this form had considered . Congo Essay. a number of ways to interpret literature, with no consensus as to the best method.

Some critics evaluated literature in terms of the music education, author’s history, showing how works were representative or differed from the time periods in which they were written. Others evaluated works in terms of the author’s life and background. Warming What About. New Criticism differed. Authorial intentionality , Critic , Criticism 994 Words | 3 Pages. commands, chaotic by disturbing the music dissertation, correct order of the chain. Kent states that the wheel of thesis, fortune is music dissertation, out of homework, place and is to be turned again. Chaos is . occurring. Music Education Dissertation. Literary Critics Person #1: Literary critics give their own insight to give the global warming about, reader new perspectives about the play and to help further understand it. These critics relate to our theme of chaos vs. order. G.K. Hunter, a British Shakespeare scholar, wrote: “[King Lear] is seen as the greatest of tragedies because it not only strips.

Chaos theory , Critic , English-language films 1680 Words | 5 Pages. Criticism Since ancient times, readers have debated and critiqued literature from a variety of perspectives. Some have looked at a story or play from a . moral stance, considering how values are represented in music, a text. Congo Essay. Another critic might evaluate a poem in terms of its form. Recent critics have looked at dissertation literature to see what it might be saying about thinking questions related to nursing, our lives in society, our political or power relations, gender roles, or sexuality.

Below I have summarized some types of literary criticism you might consider. Critic , Feminist theory , Fiction 722 Words | 3 Pages. affected by the Ancient Greek and education, Roman literary critics , poets and philosophers (Bresley 24). One of his earlier masterpieces Essay on Man was . written in the way of types of descriptive, Horace’s Ars Poetica that Pope identifies original sin of man as pride and seizes ethic principals based on music education dissertation, hierarchical universe. On the other hand his later critic Essay on Criticism examines the types essays, form of criticism that Pope identifies general principals of good critism and main flaws a critic prone to (Habib 291). To understand the basic. Aesthetics , Age of music education dissertation, Enlightenment , Alexander Pope 1655 Words | 5 Pages. change as well, either through mystification or personal experiences. Thesis. Author John Berger in music dissertation, his book Ways of Seeing writes about the various ways in which . this can happen. By looking at descriptions of paintings done by critical thinking questions a fellow student, a professional critic and myself we can see how different people “view” the painting and music education dissertation, analyze how those different views can bring change to the paintings meaning. When looking at the descriptions of the related, painting, Michelangelo’s Last Judgment, differences are seen.

Aesthetics , Art , John Berger 1244 Words | 5 Pages. The Real Inspector Hound and Metafiction. | |from a former theater critic who knows these pretensions from the inside. | . |KENNETH J. Music Education Dissertation. RECKFORD, Aristophanes' Old-And-New Comedy | |In the twentieth century Tom Stoppard has gone further than most in exploring the experts, comic potential of theatre-within-theatre. The | |Real Inspector Hound starts out sanely enough with two theatre critics , Moon and Birdboot, watching. Agatha Christie , Critic , Criticism 1388 Words | 5 Pages.

two parts, one is dedicated to describing how critic’s criticism can be unjustified and harmful to music dissertation, the creator. The second part describes the birth of poor . judgment, naming pride and, from what I can tell, ignorance as the thesis, culprit parents of a poor critic . Education. In Pope’s time, the most commonly judged works were literature. Questions. Poems, plays, novels, and other readable sources were the education, mainstream source of entertainment back then. Today, we have a different type of thinking questions related to nursing, visual media; we watch as oppose to music, read. Alexander Pope , An Essay on Criticism , An Essay on Man 1412 Words | 5 Pages. Kinds Of Criticism Professional Criticism When we talk about help experts, critics , we are simply mentioning professional critics whose . job is to write reviews that we generally disagree with. Writing movie reviews or restaurant reviews are a few examples, to name.

The basic idea behind writing these reviews is to make the general public believe that they are smarter and better off at music evaluating movies, for example, rather than an official critic . This is very true. To Write. Consider this. List down some movies and rate. Critic , Criticism , Critique 904 Words | 3 Pages. onwards have emphasised the impact which literature has on education dissertation, the reader. Here, Arnold, arguably England’s most important cultural critic in the . second half of the css selectors, nineteenth century and music, someone who has exerted enormous influence on subsequent generations of critics even here in the Caribbean, focuses not on what literature does to css selectors, the reader but what the reader or critic ought to education, do to narrative essays for college, the literary works which he reads. Influenced by Plato’s belief that the objective, absolute truth can be known, Arnold. 175 , Critic , Literary criticism 1484 Words | 4 Pages. “lenses”. The question is music, how can these diverse “lenses” allow for us to focus in on one specific aspect of a work at thesis a time?

Gender critics . examine “how sexual identity influences the creation and reception of literary works” (Types of Literary Criticism. Education Dissertation. 1). This school includes gay-and-lesbian study critics (Schools of warming to write, Literary Criticism. A-42). From the music education dissertation, gender critic point-of-view, the commercial portrays how a man can be more attractive to types essays, a woman by using the old spice body wash. It starts out.

Critic , Criticism , History of literature 1250 Words | 5 Pages. ?Critical views of music, Classical Critics Introduction Criticism is narrative, as old as creation. Education. The writings of a great classical writers like Homer, . Sophocles and narrative essays for college, Pindar contain hints of critical ideas. These ideas were later on developed by Plato and Aristotle into systematic principles of literary criticism. Thus, the true beginning of criticism is found in dissertation, Greece in the writing of Plato and democratic republic congo, Aristotle. Later on Greco-Roman critics like Horace and Longinus added their ideas. Education. The man aspect of thesis css selectors, Greek criticism. Aristotle , Critic , Criticism 942 Words | 3 Pages. this paper I will compare and contrast the manners in which one element has been adapted by the filmmakers and will also evaluate the music dissertation, way the democratic, filmmakers . chose to adapt the element as they did; in music, addition, I will synthesis the opinions of two series critics . One significant plot element that appears in the novel and that is adapted for the series version concerns is the schoolmaster, Bradley Headstone. Republic Congo. Though there is one drastic difference in music education dissertation, the treatment of this element, in general the element was.

Bleak House , Charles Dickens , David Morrissey 1600 Words | 4 Pages. Music Worksheet HUM 150 Week 3 Learning Team Assignment Film Matrix Comedy and Horror Presentation HUM 150 Week 4 Learning Team Assignment . Film Matrix Romance, Western, and Documentary HUM 150 Week 5 Individual Assignment Movie Critic HUM 150 Week 1-5 All DQ's, All summaries When you are in class, take as many notes as you possibly can. In college, professors will tend to leverage off of the lectures more than the books, as this can help you to get better grades on. Critic , Film , Film criticism 435 Words | 3 Pages. A Critique of a Critique, Catcher in the Rye. III - Period 2 1/8/2013 An Analytical Biography of The Catcher in the Rye Jonathan Baumbach, “The Saint as a Young Man: A reappraisal of global to write about, The . Catcher in the Rye,” in Modern Language Quarterly, Vol. 35, No. 4, December, 1964, pp. 461-72 Critic Jonathan Baumbach explores the significance of innocence in J.D Salinger’s Catcher in the Rye. He claims that the novel is not only about innocence, but actively for innocence-as if retaining one’s childness were an music education dissertation existing possibility.

Not only. Criticism , Noah Baumbach , Novel 1279 Words | 4 Pages. Solidad Reyes’ view on global warming what to write, Literary History, Literary Theory and Literary Criticism In an attempt to solve different problems and issues in Literary Studies . Music Education Dissertation. such as the effects of major trends to modern Philippine Literature, role of the audience and critics in studying text, three areas of literary study was explained, literary history, literary theory and literary criticism and their integration to Philippine Literature. Each area was explained based on homework experts, their individual roles or impacts in the study. Critic , Criticism , Cultural studies 941 Words | 3 Pages. Analysis of Dover Beach by Matthew Arnold. you hear the music education dissertation, grating roar).[4] The beach, however, is bare, with only a hint of congo, humanity in education dissertation, a light that gleams and is gone.[5] Reflecting the traditional . notion that the poem was written during Arnold's honeymoon (see composition section), one critic notes that the speaker might be talking to his bride.[6] The sea is calm to-night. The tide is full, the moon lies fair Upon the straits; —on the republic essay, French coast the dissertation, light Gleams and is gone; the cliffs of England stand. A Darkling Plain , Critic , Dover Beach 1736 Words | 6 Pages. Literary Criticism Critics throughout the years agree that F. Types Of Descriptive Essays. Scott Fitzgerald's The Great Gatsby is one of his most renowned accomplishments . in his entire career.

Although there are a few who believe this novel was like one of his previous ones. It portrays not only his understanding of the Jazz Age of being happy and music education, having money but also the loss of traditional. Some critics found his novel entertaining, “a real attention grabber”, while others found it a bit negligible. In 1942 Alfred Kazin. Critic , Criticism , F. Thesis Css Selectors. Scott Fitzgerald 995 Words | 3 Pages. How the music dissertation, study of warming what about, stylistics can help improve one's English Language. stylistics can help improve students’ English language. Firstly, stylistics enriches students’ ways of thinking about language. Secondly, it improves their . skills of English and finally, stylistics propels students’ to act as a linguist and literary critic at the same time which in music, turn make them competent users of the language. Before diving into essays, the content, one needs to comprehend the definition of stylistics first. Music Education. Stylistics is understood as that part of linguistics, as Turner describes in Stylistics.

Critic , Criticism , History of literature 1909 Words | 7 Pages. Steel Magnolias has been one of my families favorite films for many years; however, my intentions are to experts, carefully critique the movie based on storytelling, . acting, cinematography, edit, sound, style, and music dissertation, finally my interpretation of the film from a critics point of view. Storytelling and review should start with the Goethe’s three questions then the truth test. “from late 18th/early 19th–century poet and playwright Johann Wolfgang von Goethe’s autobiography that form the basis of virtually all. Critic , Criticism , Film 2260 Words | 6 Pages. com/watch?v=wwHj_rbMuxM (child reading newspaper) with audio track “It's Good News Week” by thesis css selectors Hedgehoppers Anonymous, 1965 OHT1 Word grammar of music education dissertation, “News” - as . uncountable noun OHT2 Match definition to job title OHT3 Irving Wardle, Theatre Critic OHT3c Questions for critical questions to nursing Theatre Critic OHT4 Questions for music dissertation War Reporter listening task OHT5 (in reserve) A-newspapers, B-celebrities - debate right to privacy CD - New English File, OUP, ISBN 978-0-19-451842-0, Track 5.16 Language Analysis and thesis, Vocabulary News: Although. Critic , Good and evil , Mass media 1088 Words | 5 Pages. criticism in the age of the education, Internet” the editors of democratic essay, Cineaste suggest it often seems that everyone is a critic (Cineaste), and we can all . agree with that. Nowadays, people can view, comment and write anything on the Web. Anyone can register on education dissertation, a blog or forum and begin writing reviews of movies. It doesn’t even matter how good their writing is or what position they takes because today “everyone’s a critic ” (Cineaste). The expression “quality over quantity” can quite correctly apply here.

There are more. Abbe Faria , Critic , Criticism 2096 Words | 6 Pages. Music Worksheet HUM 150 Week 3 Learning Team Assignment Film Matrix Comedy and Horror Presentation HUM 150 Week 4 Learning Team Assignment . Film Matrix Romance, Western, and Documentary HUM 150 Week 5 Individual Assignment Movie Critic HUM 150 Week 1-5 All DQ's, All summaries When you are trying to choose a school that you would like to warming, attend you should weigh all of the education dissertation, pros and cons of the school compared to what your major will be. You can find many lists that tell. Critic , Editing , Film 430 Words | 3 Pages. The Study of help, Poetry - Mathew Arnold. Mathew Arnold – The Study of Poetry Matthew Arnold, Victorian poet and critic , often regarded as the father of modern literary criticism, . Dissertation. was one of the foremost poets and critical thinking related, critics of the 19th century. As a critic Arnold is essentially a moralist, and has very definite ideas about what poetry should and should not be. Arnold is frequently acknowledged as being one of the dissertation, first poets to display a truly Modern perspective in his work.

In “The Study of Poetry”, which is one of his best known essays. Aesthetics , Critic , Criticism 792 Words | 3 Pages. perceiver as a maker of thesis, reality) - reader criticism became recognized as a distinct critical movement only in the 1970s - less a unified critical . school than a vague collection of disparate critics with a common point of departure - “Reader Theory” “audience theory” neutral terms - reader- critics take the existence of the reader as a decisive component of any meaningful literary analysis – as Michael Riffaterre puts it, “readers make the music education dissertation, literary event” - “narratee” = the person to. Critic , Criticism , Interpretive communities 769 Words | 3 Pages. ?Yasa Hussain Rory Jobst English 101 Diagnostic Essay The famed George Bernard Shaw once proclaimed “There is no love sincerer than the love of . food .” I couldn’t agree more.

I, myself, am something of a food enthusiast. And my favorite food is biryani. You just cannot go wrong with it. You just cannot. Homework Help. Even the most critical and picky individuals cannot resist indulging themselves when it takes “center stage” on the dinner table. Biryani is the name and stuffing one’s face is the education dissertation, game.

Cooking , Food , Indian cuisine 1563 Words | 4 Pages. Ashford Week 1 Quiz Eng225: Intro Film. CORRECT The cinematographer The editor The director 7. Question : A good film critic is likely to do which of . the following? Student Answer: CORRECT Examine a film on many levels Rely on personal impressions Express opinions Make superficial observations 8. Question : Why are there fewer professional film critics in print media now than there once were? There are fewer movies being made Movies are becoming less. Butch Cassidy , Butch Cassidy and the Sundance Kid , Critic 322 Words | 3 Pages. An Analysis of Flaubert's Parrot by Julian Barnes.

sensitive brute’, the writer as a ‘sophisticated parrot’, the writer who ‘also saw the underlying inadequacy of the Word’, and can be either ‘as a . pertinacious and finished stylist; or as one who considered language tragically insufficient’.[3] Critics may have their pick. They may also choose which chronology of Flaubert’s life to follow. In the second chapter, we are offered three different chronologies of the writer’s life, all yielding significantly different images of the novelist. Thinking Questions. The chronologies. Critic , Criticism , Gustave Flaubert 2059 Words | 5 Pages. repetitive, biting words damages a person as destructively as any knife. A form of belittling, the intent is destruction of the person's self-image. . (Viveiros, 2010). Self-scruitiny is a type of criticism is music, “often what we provide the harshest critic when we reflect on our own perceived shortcomings” (Viveiros, 2010). Ineffective ways of css selectors, dealing with Criticism “There are three basic ways to go wrong in responding to dissertation, criticism: being aggressive, being passive, or both” (McKay Fanning, 1993). Aggression , Assertiveness , Bullying 1110 Words | 4 Pages.

with the ideas presented in a text * Believes that authors use their own life experiences to craft texts—even if it is done unintentionally The . excellence of the critical essay comes with the DEPTH of the connections The biographical literary critic believes that a work can best be understood by investigating the life of the person who wrote it. Homework. There is a difference between the music education dissertation, biography of a person and biographical criticism, though. Types Essays. The biography of education, a person is the critical to nursing, history of that person. Critic , Criticism , Literary criticism 1062 Words | 3 Pages. (Listen! you hear the grating roar). The beach, however, is bare, with only a hint of humanity in a light that gleams and music education dissertation, is gone[5] Reflecting the . Thesis Css Selectors. traditional notion that the education dissertation, poem was written during Arnold's honeymoon (see composition section), one critic notes that the speaker might be talking to his bride.[6] The sea is calm to-night. Homework. The tide is full, the moon lies fair Upon the straits; —on the French coast the light Gleams and is gone; the education, cliffs of England stand, Glimmering and vast, out. A Darkling Plain , Critic , Dover Beach 1184 Words | 4 Pages. Immoral Men in Mrs.

Warrens Proffession. One critic argues of Mrs. Warrens Profession that ‘the men are ineffectual or immoral monsters – it is women who carry the play.’ In the light . of this view, compare and contrast the presentation of men in Mrs. What About. Warrens Profession and An Ideal Husband. Victorian society was almost completely governed by music rich, aristocratic and immoral men, this description forms the central concept for Shaw's play. He portrays men as immoral and sexually corrupt through his satirisation of the church and the aristocracy. An Ideal Husband , George Bernard Shaw , Harry Johnston 1060 Words | 3 Pages.

their letter of critical questions to nursing, gratitude, as well as being cleared of all charges by the authorities. Music. As Scorsese proclaims, strange things, as we know, have happened in . this city(Ebert). This ironic twist was not understood by all the critics who reviewed the homework, film at the time or since. Education. Critics according to Ebert had rejected the film because they were unable or unwilling to understand the experts, meaning of this ending. Most reviewers of the period condemned Scorsese for the immoral outcome of what they referred to music, as.

Critic , Criticism , Film 1386 Words | 4 Pages. like language,” Oedipal stages correspond to the language acquistion. 1. D or A Key words: repressed for D ? for A 2. To Write About. D Key words: mother figure 3. C . Key words: oppressive rule 4. B Key words: Overlap often exists. For example, some critics self-define as “Marxist New Historicists” Assembling Frankenstein April 1, 2013 Main claim=thesis (end of 1st paragraph) x is better than y because of a and b Essay x Essay y potential issues: summarizing Separate paragraph Reason. Critic , Criticism , Fiction 417 Words | 3 Pages. that we established what a predictable ending is and how it affects us we can move on to my second main point, responses to predictable endings.

II. . Music Education. Bloggers and movie critics all have a problem with predictable endings in movies as well. A. Movie critics have understandable issues with predictable endings. 1. Movie critic Sean Means critiques the movie “You, Me, and essays, Dupree.” He called it “entertaining, but very predictable.” The story is about two best friends who grow apart as they get older. Critic , Criticism , Film 1059 Words | 4 Pages. has a negative connotation, when in fact it stemmed from something harmless. Music Education. The English word “criticism” was derived from the homework, French word “critique”, and in . turn “critique” has roots from the music education, Latin word “criticus” which means a judge, decider, or critic . The early English meaning of “criticism” was primarily literary criticism which would be the focus throughout this essay. Literary criticism is the css selectors, study, evaluation, and interpretation of literature. Literary theory is music dissertation, mainly where literary criticism.

Critic , Criticism , Hermeneutics 766 Words | 3 Pages. Sayles and the Return of the global what to write, Secaucus Seven. won the Los Angeles Film Critics Award for Best Screenplay, found its way onto numerous „top ten“ lists, and introduced John Sayles as a . formidable new filmmaker, with talent as both a writer and a director. Produced, in the end, for $60,000 of dissertation, his own money with $125,000 covered by deferrals, a ludicrously small amount by film industry standards, Return of the global warming what to write about, Secaucus Seven caught the attention of film aficionados, critics , and studio executives because, according to critic David Osborne, it „tapped. Audience , Critic , Film 1553 Words | 4 Pages. Literary Theory and Criticism, and Its Relevance Today. think more coherently about the texts they select. It raises public intellect.

It creates a vocabulary, a set of diction, terms and concepts with which to . Dissertation. suitably assess literature. Whether it's through the mode of close reading common to the New Critics , structuralism or post structuralism, biographical or cultural contexts, formalism or other critical traditions, critical writings provide frameworks, reactive to the particular era in which the texts exist, that assists interpretation. Of Descriptive Essays. When the. Critic , Criticism , Literary criticism 964 Words | 3 Pages. understand that no prophecy of scripture came about by the prophet's own interpretation. Education. For prophecy never had its origin in the will of man, but men spoke . from God as they were carried along by the Holy Spirit. From the standpoint of a literary critic , these two passages represent the question at hand as to whether or not scripture is inspired. Literary criticism looks at republic congo the passage as a whole, and reads what it says, just as a normal person would. Using this method, we see easily that scripture. Bible , Critic , Critical thinking 858 Words | 3 Pages.

indie crossroads by film critic Roger Ebert.’ (http://en.wikipedia.org/wiki/Indiewire.) Another useful source I found was Justin Craig from . foxnews.com when researching on the reliability of this source I found that I could find this source very reliable although some reviews I found on this site dubbed foxnews.com as ‘to critical’ and ‘to hard hitting.’ Justin Craig is also well renowned in is area of expertise being dubbed by critic’s award site existmatium, ‘The critic is a man of the people. Critic , Film , Film criticism 1234 Words | 4 Pages. toward seeing one’s object as it really is, is to know one’s own impression as it really is, to music dissertation, discriminate it, to realize its distinguishing features. . (Walter Pater, British art critic ) INTRODUCTION Your personal, academic, and professional lives often require you to use analytical and critical skills. As art critic Walter Pater believes, when you see an object as it really is, know your impressions, discriminate, and realize distinguishing features, you engage in the act of critical analysis. Critic , Critical thinking , Criticism 879 Words | 4 Pages. of the text. What To Write About. I like the music dissertation, simpler version of the old historical critics . Enns, Peter. Evangelical Faith and the Challenge of Historical . Types Essays. Criticism (a New Book on a Recurring Problem). Education Dissertation. Peter Enns. N.p., 25 June 2013. Web.

19 Sept. 2013. This piece really stuck out to me because it gives a more vivid description of a historical critic’s job. Peter Enns gives a real life example of essays for college, what it means to education dissertation, be a historic critic . He says “…kind of like the way an homework help experts investigative journalist . Anthropology , Bible , Critic 375 Words | 3 Pages. isn’t—someone will criticize his or her efforts. The way a leader responds to criticism says much about the maturity of the leader and the quality of his or . Education. her leadership. Here are five wrong ways to respond to criticism: 1. Democratic Congo. Finding fault with the critic Instead of admitting there might be validity to the criticism, many leaders immediately attempt to discredit the music, person offering it. 2. Blaming others Many leaders realize the criticism may be valid, but they aren’t willing to accept personal. By the Way , Complaint , Critic 1169 Words | 5 Pages.

NATIONAL ROUNDTABLE FOR FILM AND THEATRE CRITIQES IN NIGERIA. THEATURE AND FILM CRITICS ROUNDTABLE OF THE INTERNATIONAL ASSOCIATION OF THETRE CRITICS (IATC-NIGERIA), HELD ON THE 21st OF . SEPTEMBER, 2013, AT THE REDEEMER’S UNIVERSITY, MOWE, OGUN STATE, NIGERIA PREAMBLE The maiden edition of the National Theatre and Film Critics Roundtable held on the 21st September 2013 at the Redeemer’s University, Mowe, Ogun State. The even which was organized by thesis the Nigeria Section of the UNESCO founded International Association of Theatre Critics (IATC) had in attendance. Critic , Criticism , Film 649 Words | 3 Pages. What constitutes the music education, “tragic hero?” 7. Global What To Write. What is the intentional fallacy? 8. Music Education. On what basis do philosophical critics judge a work? . 9. What is the inferiority complex? 10. What did Marx criticize?

11. Essays. Sociological critics show how literature can function as what two objects? Explain. 12. What is the reasonable assumption that archetypal critics make? 13. What is music education dissertation, a trickster? 14.

What is a witch? 15. Thesis Css Selectors. What are the music, four elements and democratic republic essay, what does. Complex , Critic , Criticism 526 Words | 4 Pages. If the first two verses of Beautiful Day by music U2 (lyrics by Bono) above were to be examined by literary critics , they would most probably be . concerned with the meaning and themes inherent in the poem and how well the author is global warming about, able to dissertation, put those across with the least ambiguity. No research into the writer's background nor the historical events surrounding the text are necessary, rather the of descriptive, critic should be able to determine the meaning using solely the dissertation, words on the page. Democratic Essay. To them, works that communicate. Critic , Criticism , Fiction 1201 Words | 4 Pages. movie a waste of $15.00 for music dissertation all of those who watched it in theaters. The 2012-2013 movie lists were very broad when it came to 3D films.

It was a huge . discouragement watching Texas Chainsaw 3D because it lacked the thesis css selectors, three dimensional effects itself. Critic Joe Neumaier from Daily News commented, “The only thing that jumps out during “Texas Chainsaw 3D” is a few shots of the titular portable mechanical tool, though the technology here makes “Jaws 3-D” look like “Avatar.” Joe instantly displays a lack. Chop Top , Critic , Film 1259 Words | 4 Pages. the authors, the traditions incorporated by dissertation the authors, and the intentions of the editors, respectfully. Historical Criticism is another criticism that is critical thinking questions to nursing, . limited in dissertation, its ability to evaluate the help, entire text.

Because of this limitation, historical critics were the first to suggest a method which was not purely historical. They wanted to find the key to the text not in music education dissertation, the background information, but in the text itself. Css Selectors. While Narrative Criticism was spawned from Historical Criticism, Narrative Criticism. Biblical criticism , Critic , Criticism 1735 Words | 5 Pages.

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Dissertation In Music Education

How to education dissertation, Email Your Resume to Get More Job Offers (Examples) Figuring out how to email a resume sounds like child's play. It's like sending any other email, right? If you're emailing a resume in reply to a random job offer and clicking send without a second thought, you are doing it wrong. If you want to homework help experts, know how to send a resume that will result in music dissertation, an interview, then you have to start thinking about personalization . The best way to get the interview is to global warming about, take a targeted, personal approach from the music beginning. Because wouldn’t it be nice if you could figure out how to email your resume to a real person who cared? Impossible? No way. In this article, I will show you the three-step process behind emailing a resume:

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Pro Tip: If you've always wanted to work somewhere, don't wait for open positions or haunt the job boards. Reach out now by emailing a resume. Position yourself now so you'll be in music education, the right place later . Want to know what kind of keywords will please both the bots and human recruiters? Don't know where to put skills on a resume? Read our guide: +30 Best Examples Of What Skills To Put On A Resume (Proven Tips) How to Get in Touch With a Hiring Manager. I’m sure you’ve heard about six degrees of separation. The idea that you are only separated from Brad Pitt, The Queen of democratic republic, England, and Honey Boo Boo by six other people? Well, that’s why networking is important. You may not know the hiring manager, but you may know someone who does . Reach out to music dissertation, friends, alumni, and former colleagues to questions related, see if they can put you in touch with the right person. Realize that you've never networked and music, turn on essays for college, Netflix.

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Read our guide: How To Make A Resume: A Step-By-Step Guide (+30 Examples) Bonus: Download FREE ultimate checklist of 54 things you need to do before you send your resume. Homework Help Experts. “Resume 101 Checklist.” How to music education, Find (Almost) Anyone’s Email Address. Okay, let’s say that you can’t find any person who could connect you with a hiring manager. Or you found a great job offer, but there is no contact information. Essays. Now, what? First, you’ll need to dissertation, do some research to essays, find the education internal recruiters or HR personnel responsible for thesis, processing resumes where you want to work.

Start with the dissertation company’s website to find the name of the essays hiring manager and move to music, LinkedIn to see if you can find their email address. If you are trying to find out how to email a resume to a hiring manager responsible for a particular job offer, LinkedIn is your best bet. In-house recruiters often post positions they are currently trying to fill on their LinkedIn profiles. In either situation, you are trying to find the name of the thesis hiring manager and their email address. While finding a name is easy, finding an email address can be hard.

Start by using an app called Email Hunter . Once you've found a promising LinkedIn profile, click on dissertation, the app and it will generate an email address for you. If that doesn't work, you can try the old school way and use Google. Start your search with the company’s email domain: The search may not lead you to the hiring manager’s personal email address, but what it can do is show you what formula the company uses for all of its email addresses. See, most companies use the same formula: If you can find that formula, all you need to do is plug in critical thinking questions to nursing, the hiring manager’s name. Let’s say you can’t find the education dissertation address formula either. Republic Congo Essay. You’ve simply got the names of the music dissertation company and the hiring manager. You’ve still got enough information. Republic Congo Essay. Here is an Email Permutator that automatically generates all possible combinations of the hiring manager’s name and the company’s domain. Pro Tip: If you’ve used the permutator, you might want to music education, verify the addresses to see if they're active.

Run them through a free email verification tool like MailTester . Css Selectors. MailTester isn’t flawless, but it’s a good way to lower your bounce rate. Here’s How to music education dissertation, Connect with Hiring Managers on LinkedIn. Now, armed with a name and an email address you can send a personalized resume email. Note, not all hiring managers will appreciate receiving unsolicited resumes. Which is democratic republic congo why you will want to start the music dissertation process by sending the hiring manager an invite via LinkedIn. By making a connection on critical thinking related to nursing, LinkedIn first, the hiring manager has the music education dissertation chance to become familiar with you . Otherwise, emailing a resume may come across as unprofessional soliciting.

They may also disregard your email as spam. Julie Dossett, Communications Lead at LinkedIn Canada, says : First, you will need to tell LinkedIn how you know them. You’ve got three choices. If you’re sure about their email, choose “ other .” Otherwise, choose “ we’ve done business together .” It’s safe as long as it’s plausible. Essays. You can also select “ I don’t know so-and-so .” Keep in mind that if the hiring manager ignores your invite, you will not be able to send another in the future. As for the message, LinkedIn invitation messages are only 300 characters , which is music education slightly longer than two tweets, so, you don’t have much space. You need to narrative essays for college, write a message that has a purpose and music education dissertation, is personal. The templates above let the hiring manager know who you are, how you found them, and why you want to add them. Also, show them that you pay attention to help, what’s happening in education dissertation, your field.

Once you’ve made initial contact with them, you can move on to figuring out how to homework help experts, email a resume. Pro Tip: If you’re engaging with the company via social media (LinkedIn, Twitter, Facebook), it will show the hiring manager that you have an active interest in the company. How to dissertation, Email a Resume to Attract a Hiring Manager’s Attention. Okay, so you’ve gotten the thesis css selectors hiring manager’s attention on LinkedIn. But before you jump to education, emailing a resume, you’ve got to create an email that’s going to get opened. Start with an attention-grabbing subject headline . Remember, a typical inbox reveals about 60 characters of an email's subject line. And that gets reduced to only 25 to 30 characters via mobile.

Try opening with a solution: Subject: I can boost XYZ’s growth. If you don’t feel comfortable offering such an ambitious solution, you can start by css selectors pitching yourself. Subject: Award-winning HR Director Interested in XYZ. The more you personalize your message, the better. Consider adding achievements , skills, details about music dissertation how you fit in with the company’s culture, knowledge of their competition, and knowledge of their brand. Use a natural and homework help experts, likable style. Dissertation. More companies are hiring based on personality , so don’t be afraid to show who you are. Of course, keep in warming what to write about, mind that some companies will appreciate a more formal tone than others. It's up to music education, you to decide what level of formality to essays, use when considering how to email your resume. Also, notice where the candidate wrote “ our possibilities ,” it displays a level of solidarity with the employer and what they do . Of course, emailing a resume this personable is only possible if you research the company beforehand.

At the end, you can add a postscript. Dissertation. Adding a postscript to an email allows you to emphasize particular information, like a certification or achievement. Also, don't forget to narrative, include one of the education following phrases: Please find my CV attached. Please find my resume attached. Questions Related. Please find my CV attached for your consideration. Please find my resume attached for your consideration. It is also important to mention referrals at this point if relevant. Pro Tip: Save your files using your name - “ Han Solo Resume. ” That's how your resume remains easy to find among others with similar file names.

Have you considered saving your resume as a PDF? Sending your resume as a PDF guarantees that you formatting won't glitch. Music Education. Want to know more? Read our guide: Word Vs PDF Resume: What Is The Best Resume Format? What Comes Next? Secret Ways to Track Your Resume. Okay, so you’ve finally gotten to the point in the emailing a resume process where you’ve clicked send. Now, what?

Somewhere, either in republic congo, your cover letter or in the email, you’ve probably written that you will contact the hiring manager within a given amount of time. But, how do you know if the hiring manager has read your email? It might be a bit awkward if you make that call and dissertation, they haven’t read your email yet. Mixmax is an online tool with email tracking capabilities. If you download a free trial version, you will be able to see if a hiring manager has opened your email. It’s a small thing, but it will help you keep tabs on your resume. Pro Tip: You can set up reminders in Mixmax that will automatically alert you to the fact that you have not received a reply after emailing a resume.

Mixmax will also tell you if the receiver clicked on warming to write about, and downloaded your resume. Having this knowledge allows you to music dissertation, know when and css selectors, if you should send a follow-up email. Dissertation. If your campaign isn't working, it's time to find an warming what to write, alternative email address and try again. How to Clean Up Your Online Image. After figuring out how to email a resume to an employer, you need to check your general online presence and do some housekeeping. That's because there could be things lurking on the Internet that you didn't know where out music, there. And you may not have had anything to do with putting them there in the first place. Type your name into Google and other search enginges to see what comes up in the results.

Set all your social media profiles to private and assume hiring manager's won't find you. Most of you will find nothing more than links to your social media profiles. As long as you’ve updated your LinkedIn profile to match your resume , and checked to see what content can be seen by the public on your Facebook and Twitter profiles, you should be good to go. Just make sure no unprofessional content is visible to essays for college, the general public. If you happen to music education, have a more common name like Jane Smith, for example, you may not show up in the results at types essays, all. On the other hand, some of you might be disturbed to education dissertation, find extremely personal content such as your bank account number, an image of homework help experts, your signature, or sexually explicit images that have been posted without your consent. If you find embarrassing content about music education yourself on a particular web page, Google suggests that the best solution is to contact the webmaster (owner) and ask them to essays for college, remove the content. Bonus: Download FREE ultimate checklist of 54 things you need to do before you send your resume. “Resume 101 Checklist.” Would you rather apply for 50 random positions and end up with a mediocre job?

Or would you rather pinpoint 10 positions and spend 10 minutes figuring out how to music education dissertation, send a resume that will result in types, a job that interests you? Choosing the second option means taking the time to music, do research, tailor your resume , and contact a hiring manager. At the same time, until you take the time to think about how to email a resume and personalize your approach , a girl is no one. Homework. And a man will not hire a girl who is no one. Besides making yourself known to music dissertation, a hiring manager, taking a personal approach to emailing a resume also makes a lasting impression. Help Experts. The hiring manager is music education dissertation going to know that you have what it takes to get where you want to be. Natalie is a writer at Uptowork. Thesis Css Selectors. She loves writing about resumes and eating tacos more than life itself.

She spends her free time reading complicated novels and binge watching TV series.