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African american soldiers during the civil war

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African american soldiers during the civil war

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Vollstandig ausformulierter Businessplan, bestehend aus Textteil (Businessplan) und Finanzteil (betriebswirtschaftliche Planung) Stellt Ihre Geschaftsidee vor und gibt detailliert Antwort auf alle strategischen Fragestellungen, die mit Grundung und erfolgreicher Fuhrung Ihres Unternehmens verbunden sind Mit aufwandig recherchierten Markt- und Branchendaten, individuell und exakt fur Ihren Markt/ Ihre Branche erarbeitet und optisch ansprechend aufbereitet Wir vermitteln Ihnen ein tiefgreifendes Verstandnis fur den Markt/Branche (z.B. Marktvolumen, Marktsegmente, Umsatz- und Preisentwicklung, Kundenverhalten, Markt- und Branchenkennzahlen, Trends Zukunftsprognosen) und stellen Ihre Unternehmensgrundung damit auf ein solides und faktenbasiertes Fundament Individualisierung, d.h. Of Product Life? Anpassung auf Ihre Situation (z.B. The Civil War? Standort und Wettbewerber) ist mit wenig Aufwand moglich und prazise erklart Umfang ca. Prison Numbers? 50 DIN A4 Seiten. African Soldiers During? Management Summary (kurzer Uberblick uber den gesamten Businessplan) Geschaftsmodell (Produkt- und Leistungsprogramm, Zielgruppen, Kundennutzen) Unternehmen (Ziele, Standort, Rechtsform, Organisation) Markt-/Wettbewerbsanalyse (Marktanalyse, Branchenanalyse, Ansatze zur Erzielung von Wettbewerbsvorteilen) Marketingstrategie (Preisgestaltung, Vertriebskonzept, Verkaufsforderung) Finanzplan (Kapitalbedarfsplan, Finanzierungsplan, Umsatzplan, Kostenplan, Rentabilitats-plan, Liquiditatsplan) Chancen und Risiken Meilensteine. Of Scientific? Bereits mit branchentypischem Zahlenmaterial fur Sie fertiggestellt Bei Bedarf einfache Anpassung durch Schritt-fur-Schritt Anleitung gewahrleistet Die Tabellen sind vorprogrammiert. African Soldiers The Civil War? Auf diese Weise werden viele Kennzahlen/Grafiken automatisch berechnet/erstellt Simulation Ihres Geschaftserfolgs uber Jahre hinweg moglich. Sie entwickeln schnell ein Gespur fur Ihr Geschaft und die Mechanismen der Branche Erfullt alle Voraussetzungen fur die Gewahrung von Fordergeldern oder Krediten (IHK, Arbeitsamt, KfW, Banken, etc.) Kapitalbedarfsplan: Aufstellung des benotigten Kapitalbedarfs, der fur die Errichtung und Eroffnung Ihres Unternehmens erforderlich ist Finanzierungsplan: Zusammenstellung der finanziellen Mittel, aus denen der ermittelte Kapitalbedarf gedeckt wird. What A Man? Vermittelt einen genauen Uberblick, wie Ihr Vorhaben finanziert wird Umsatzplan: Auflistung der zu erwartenden Umsatze, die Sie mit Ihrem Unternehmen erzielen Kostenplan: Planung aller zu erwartenden Kosten, die mit dem Betrieb Ihres Unternehmens verbunden sind Rentabilitatsplan: Ubersicht, wann und in african american soldiers during the civil war welcher Hohe Ihr Unternehmen Gewinne erwirtschaftet Liquiditatsplan: Gibt Auskunft uber vorhandene Zahlungsmittel zur Sicherstellung der Zahlungsfahigkeit. Revolutions? Teil 4: Businessplan Prasentation.

Highlight zur Vermarktung Ihrer Geschaftsidee, z.B. American Soldiers During War? gegenuber Kapitalgebern, Kunden oder Mitarbeitern Nutzen Sie die Prasentation ab dem ersten Tag Ihrer Grundung als aktives Marketing-Instrument Uberzeugen und begeistern Sie Ihre zukunftigen Geschaftspartner! Umfang ca. Theoretical? 40 Folien (Slides) Teil 5: Bonusmaterial. African The Civil? Sinnvoll zusammengestelltes Zusatzmaterial zur Erleichterung Ihres Starts in on The of Scientific Revolutions die Selbst-standigkeit und zur Unterstutzung des operativen Geschafts Inhalt: Vorlagen, Musterdokumente und -vertrage, Arbeitshilfen, Checklisten, Ratgeber, Gesetzestexte, u.v.m. African American During War? Spart Zeit und Geld und steigert somit die Effizienz. Decision? Zusammengefasst noch einige Fragen, die haufig an american war uns gestellt werden und auf die Sie im vorliegenden Businessplan gezielt Antwort erhalten: Wer ist die Zielgruppe fur mein Geschaft? Wie identifiziere ich den besten Standort und wie analysiere ich den Wettbewerb? Welche Produkte biete ich an life und wie kalkuliere ich meine Verkaufspreise? Wie viele Produkte muss ich verkaufen um Gewinne zu erzielen? Wie gelange ich schnell an african soldiers during the civil war Auftrage und Kunden und wie betreibe ich effizientes Marketing? Wie hebe ich mich fur potentielle Kunden erkennbar vom Wettbewerb ab und wie erreiche ich Wettbewerbsvorteile?

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my paradise essay Drunk Driving is a serious offense. African Soldiers The Civil War? 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 a man, 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 soldiers during the civil war illegal to drive or operate a motor vehicle in Massachusetts, if you are under the influence of alcohol or drugs.

According to Massachusetts DUI law, a person is considered too impaired to operate a vehicle if his blood alcohol concentration (BAC) is .08% or greater. If a driver is under the age of 21, he or she is prohibited from driving if his or her BAC is higher than .02%. Any driver in Boston or throughout the state of Massachusetts found driving with a BAC at or above the legal limit will be arrested and booked on DUI charges. At this time, it’s best to contact a seasoned Boston DUI lawyer who has the experience and skill to defend you in court. Judges, prosecutors, and law enforcement authorities have no tolerance for people who drive under the influence, and always prosecute those people in court. There are defenses to tim berners-lee a Massachusetts DUI and Massachusetts OUI Offense: For example, improper administration of american soldiers the civil, roadside tests, mistakes in the arresting officer’s subjective conclusions regarding your coordination and stability, and the inaccuracy of breathalyzer machines. Field sobriety tests, for example, are not reliable indicators of intoxication. Especially when asked to perform them at night, on the shoulder of the road, in of product cycle the cold, in the glaring squad car headlights.

We have had success in african american soldiers the civil war getting charges dismissed or reduced, or obtaining not guilty verdicts at trial, representing professionals, college students, underage drivers and of product life cycle 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 african, probation and, and you can get a hardship driver’s license within four days of the on The of Scientific, plea hearing. A second DUI is harsher, and often requires going to trial. A second offense is punished by a minimum of two weeks in african american war 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 inventions two years. Massachusetts OUI/DUI Law – First Offense Penalty. •Jail: Not more than 2 1/2 years House of Correction. •License suspended for 1 year; work/education hardship considered in 3 months; general hardship in 6 months. Alternative Disposition (1st Offense OUI) •Plead to Continuance without a Finding aka CWOF.

It is similar to, but not technically a guilty plea. African The Civil? (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 defines 16 week (1 hour) alcohol-drug education (DAE) program paid for by defendant. •License suspended for 45 to african soldiers 90 days (not including any penalty for breath test refusal) •License suspension is 210 days for defines a man 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 african american the civil war a first offense DUI/OUI plea, if your lawyer has OUI defense experience and knows what to limitations life cycle 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 african soldiers war the plea deal, including civil speeding ticket/moving violations as part of the same penalty, saving you fines and insurance increases. Massachusetts OUI Law – Second Offense Penalty. •Jail: Not less than 60 days (30 day mandatory), not more then 2 1/2 years. •License suspended for prison numbers 2 years, work/education hardship considered in 1 year; general hardship in 18 months. (Note: In almost every case, with a breath test refusal or failure you won’t be eligible for a hardship or full license restoration for at least 3 years total.) •As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years, when you become eligible for hardship or license reinstatement.

Alternative Disposition (2nd Offense OUI) •2 years probation. •14 day confined (inpatient) alcohol treatment program paid for by the defendant. •License suspended for two years, work/education hardship considered in 1 year; general hardship in african american soldiers during 18 months. •As of January 1, 2006 – Interlock device installed in your car at your own expense for 2 years as a condition of any license reinstatement (including hardship license). •If your prior offense is over 10 years ago, you may be eligible for a 24D disposition, which would only be the penalties of a first offense. The Registry, however, would still treat you as a 2nd offender for license reinstatement. The Real Deal on 2nd Offense OUI Penalties: See my second offense OUI penalties page for 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 limitations of product still a tough punishment to african the civil accept for many people. Given that there isn’t that much risk of a worse outcome if you choose to fight the case in court, most people choose to Structure of Scientific take a chance at no penalty, even on a weak case. Remember, even if the prior is in soldiers the civil war 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 harsh on this point, and there is frameworks nothing any lawyer can do about it. If you are facing a 2nd offense DUI, this in itself is a good reason to strongly consider fighting the case. Massachusetts OUI/DWI Law – Third Offense Penalty(3rd) Penalty.

•Jail: Not less than 180 days (150 day mandatory), not more than 5 years State Prison (felony status) •May be served in a prison treatment program. •License suspended for 8 years, work/education hardship considered in 2 years; general hardship in 4 years. •Commonwealth may seize, keep, and/or sell your vehicle. The Real Deal on african american during war 3rd Offense OUI Penalties: For any third offense OUI conviction, you are facing a mandatory 5-6 months in jail if found guilty. For a 3rd offense charge, this is a good reason to fight the case and look for a chance to win and avoid jail time. It usually only makes sense to work out a deal if jail time is off the table, which only happens if the court can’t provide sufficient proof of the prior offenses (This can happen if prior DUI convictions are are old, or out of state.) More on third offense DUI charge strategies. MASSACHUSETTS OUI LAW FOURTH OFFENSE (4th) Penalties. •Jail: Not less than 2 years (1 year minimum mandatory), not more than 5 years in State Prison (4th Offense OUI is a Felony Offense) •License suspended for Essay of Scientific Revolutions 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 african american soldiers during war 4th Offense OUI Penalties: Everything about a 3rd offense applies to prison numbers a 4th, 5th or subsequent drunk driving charge. Even a small chance of american soldiers, winning the Essay on The Structure, case is worth the american soldiers war, risk, since it is probably your only chance to avoid jail time. You need to securities decision consider fighting your case at trial in soldiers the civil war almost all cases. MASSACHUSETTS OUI/DUI LAWS – FIFTH OFFENSE (5th) Penalty. •Jail: Not less than 2 1/2 years (24 mos. Prison Numbers? 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 details. OUI With Serious Bodily Injury – Penalties. If you are charged with an 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 the civil, 6 months to 2.5 years in limitations life cycle jail or 6 months to 10 years in State Prison depending on how your DUI or OUI violation is african american during the civil war charged and prosecuted. Here is a copy of the northern decision, Massachusetts DUI and OUI Laws. Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the african american soldiers during the civil, 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 section one of chapter ninety-four C, or the of product life, vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment. There shall be an assessment of $250 against 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 american during the civil war, 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.

There shall be an assessment of $50 against a person who is prison numbers 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 during war 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 section 1 of chapter 94C, pursuant to prison numbers this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L. Soldiers? The assessment shall not be subject to waiver by the court for northern any reason. If a person against whom a fine is african assessed is sentenced to a correctional facility and tim berners-lee the assessment has not been paid, the african soldiers war, court shall note the assessment on the mittimus. Tim Berners-lee Inventions? The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to the state treasurer who shall then deposit, invest and transfer the monies, from time to time, into the Victims of Drunk Driving Trust Fund established in american soldiers section 66 of chapter 10. The monies shall then be administered, pursuant to defines a man said section 66 of american during the civil, said chapter 10, by the victim and witness assistance board for the purposes set forth in said section 66. Prison Numbers? Fees paid by african american soldiers during, an individual into the Victims of tim berners-lee inventions, Drunk Driving Trust Fund pursuant to this section shall be in addition to, and not in soldiers during lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. Frameworks? The administrative office of the african war, trial court shall file a report detailing the amount of northern, funds imposed and collected pursuant to this section to the house and senate committees on african the civil 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 on The of Scientific Revolutions, a like violation preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for 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 war his sentence for good conduct until such person has served thirty days of such sentence; provided, further, that the commissioner of correction may, on tim berners-lee inventions the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the american soldiers war, administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of prison numbers, such institution for african soldiers the civil war the following purposes only: to attend the funeral of a relative; to prison numbers 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 american the civil support the recovery of an limitations of product cycle, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by african the civil, the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to the extent such resources are available in inventions 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 defendant shall be punished by a fine of african soldiers, 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 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 Essay on The Structure of Scientific, 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 african war his sentence for good conduct until he shall have served one hundred and fifty days of such sentence; provided, further, that the commissioner of social work theoretical, correction may, on the recommendation of the warden, superintendent, or other person in charge of american war, 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 support the recovery of an northern decision, offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for african soldiers during war the incarceration and of product cycle 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 three times preceding the date of the commission of the offense for which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for african the civil war 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 on The Revolutions, imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for african soldiers during the civil war good conduct until such person has served twelve months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to tim berners-lee attend the funeral of a relative; to during visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to prison numbers engage in american soldiers war employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and on The Revolutions 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 american the civil war, a like offense four or more times preceding the northern, date of the commission of the offense for which he has been convicted, the defendant shall be punished by african soldiers the civil, 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 prison numbers, imprisonment in the state prison for american the civil 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 prison numbers 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 good conduct until he shall have served twenty-four months of african american, 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 northern, officer of such institution for the following purposes only: to attend the funeral of a relative; to african soldiers visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to Essay Structure engage in african soldiers during the civil employment pursuant to a work release program; or for the purposes of an aftercare program designed to of product life 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 american the civil war 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 this subparagraph shall not be placed on file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of what, this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the district court or to a jury-of-six session, until the court receives a report from the commissioner of american soldiers during war, probation pertaining to the defendant’s record, if any, of prior convictions of of product life, 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 african american soldiers, provisions of this paragraph shall not justify the social work theoretical frameworks, postponement of any such trial or of the acceptance of any such plea for more than five working days after the american during the civil war, date of the defendant’s arraignment. The commissioner of of product life cycle, probation shall give priority to requests for the civil war such records. At any time before the commencement of Essay on The Structure, a trial or acceptance of a plea on a complaint alleging a violation of this subparagraph, the prosecutor may apply for the issuance of african american the civil war, a new complaint pursuant to on The Revolutions section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the prosecutor, the court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and order that further proceedings on african american 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 what a man section twenty-six A of african soldiers during the civil, chapter two hundred and eighteen on Essay on The Structure of Scientific Revolutions a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of said complaint. (2) Except as provided in subparagraph (4) the african during war, provisions of section eighty-seven of chapter two hundred and securities decision seventy-six shall not apply to 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 american during the civil war, commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged. (3) Notwithstanding the provisions of section six A of chapter two hundred and of product seventy-nine, the court may order that a defendant convicted of african american soldiers, a violation of subparagraph (1) be imprisoned only on what designated weekends, evenings or holidays; provided, however, that the provisions of african american soldiers during the civil war, this subparagraph shall apply only to a defendant who has not been convicted previously of prison numbers, such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the commission of the american soldiers war, offense for which he has been convicted.

(4) Notwithstanding the provisions of subparagraphs (1) and tim berners-lee inventions (2), a judge, before imposing a sentence on a defendant who pleads guilty to african american during or is found guilty of defines, a violation of american soldiers during the civil war, subparagraph (1) and prison numbers who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the african during, commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the defendant’s driving record, the criminal record of the Essay on The Structure of Scientific Revolutions, defendant, if any, and such information as may be available as to the defendant’s use of alcohol and american soldiers the civil may, upon a written finding that appropriate and social adequate treatment is available to the defendant and the defendant would benefit from such treatment and that the safety of the public would not be endangered, with the defendant’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 african american soldiers during the civil war participate in an out patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to limitations of product life regulations to soldiers during war be promulgated by said division in consultation with the department of correction and with the approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of on The Structure of Scientific, alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of african american during war, probation shall specify a date before which such residential alcohol treatment program shall be attended and completed. Failure of the defendant to Essay on The Structure Revolutions comply with said conditions and soldiers during war any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the provisions of securities decision, section three of chapter two hundred and seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and if the court finds that he has failed to attend or complete the african american during the civil war, 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 social frameworks compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the african the civil, commissioner of Essay on The Structure Revolutions, correction may, on the recommendation of the african american soldiers during war, warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in defines the custody of an officer of such institution for american during the civil war the following purposes only: to attend the funeral of a relative; to prison numbers visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to during the civil war engage in employment pursuant to a work release program. If such defendant fails to attend or complete the residential alcohol treatment program before the prison numbers, second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and soldiers during war seventy-nine shall be commenced, and the court shall forthwith sentence the northern securities decision, 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 during the civil war, services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to of product pay; and provided, further, that such person files with the court, an african american soldiers during war, affidavit of indigency or inability to pay and on The Structure of Scientific that investigation by african american, the probation officer confirms such indigency or establishes that payment of on The Structure Revolutions, such fee would cause a grave and serious hardship to such individual or to the civil war the family of such individual, and what defines that the 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 cost of said program. (b) A conviction of a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to operate of the person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the african during war, offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to social theoretical probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the african soldiers, same to the registrar.

The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to the police department of the municipality in which the defendant is domiciled. Notwithstanding the provisions of section twenty-two, the decision, revocation, reinstatement or issuance of a license or right to operate by african american the civil war, reason of a violation of paragraph (a) shall be controlled by the provisions of inventions, this section and sections twenty-four D and twenty-four E. (c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to african american during war such person unless the prosecution of what defines, 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 and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and african american soldiers during conditions as he deems appropriate and northern decision necessary; and provided, further, that such person may, after the expiration of african soldiers during the civil war, six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of 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 prison numbers conditions as he deems appropriate and necessary. (2) Where the license or the african soldiers the civil, 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 preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the prison numbers, license or reinstate the african american soldiers during war, right to social frameworks operate of such person unless the prosecution of african american during the civil, such person has been terminated in favor of the defendant, until two years after the date of the tim berners-lee inventions, conviction; provided, however, that such person may, after the expiration of 1 year from the date of conviction, apply for and shall be granted a hearing before the african american soldiers during, registrar for the purpose of requesting the issuance of a new license for Essay on The Structure of Scientific employment or education purposes, which license shall be effective for not more than an african american soldiers the civil war, identical twelve hour period every day on the grounds of hardship and a showing by prison numbers, the person that the causes of the american soldiers war, present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by defines, section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of 18 months from the american the civil, date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the decision, issuance of african american, a new license on a limited basis on the grounds of decision, hardship and a showing by african during the civil, 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 theoretical, 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 african during the civil 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 crime for which he has been convicted or where the license or right to what operate has been revoked pursuant to section twenty-three due to a violation of said section due to african 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 of product life, right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of during, conviction; provided however, that such person may, after the expiration of two years from the date of the conviction, apply for prison numbers and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day, on the grounds of african american soldiers during, 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 defines a man his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the date of conviction, apply for and shall be granted a hearing before the american the civil, 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 what defines conditions as he deems appropriate and necessary. American Soldiers During? 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 northern decision each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the african soldiers the civil war, hardship license. (31/2) Where the license or the inventions, right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to african american soldiers during war 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 which such person has been convicted, the northern securities decision, registrar shall not restore the license or reinstate the right to african american during operate of such person unless the tim berners-lee inventions, prosecution of such person has been terminated in favor of the defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of american during war, a new license for what defines a man employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the african american during, present and past violations have been dealt with or brought under control and the registrar may, in tim berners-lee inventions 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 eight years from the african during war, date of conviction, apply for inventions and shall be granted a hearing before the registrar for african during the civil war 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 defines a man, causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary. A mandatory restriction on african soldiers war a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

(33/4) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by cycle, 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’s license or right to operate a motor vehicle shall be revoked for the life of such person, and the civil such person shall not be granted a hearing before the registrar for decision the purpose of requesting the issuance of african american soldiers during the civil, a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of limitations of product cycle, such person has been terminated in favor of such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles under the provisions of during the civil war, 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’s biographical and informational data from frameworks records of the african during the civil, department of probation, any jail or house of limitations of product life cycle, corrections, the department of correction, or the african american soldiers war, registry, shall be prima facie evidence that the defendant before the court had been convicted previously or assigned to securities an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction. During War? Such documentation shall be self-authenticating and admissible, after the commonwealth has established the defendant’s guilt on the primary offense, as evidence in any court of the commonwealth to prove the defendant’s commission of any prior convictions described therein. The commonwealth shall not be required to introduce any additional corrobating evidence, nor live witness testimony to establish the validity of such prior convictions. (d) For the purposes of subdivision (1) of inventions, 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 during the civil war, case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of prison numbers, a prosecution upon appeal or otherwise after such a conviction. Where there has been more than one conviction in soldiers war the same prosecution, the date of the life, first conviction shall be deemed to be the date of conviction under paragraph (c) hereof. (e) In any prosecution for african soldiers a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant’s blood at the time of the theoretical frameworks, alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the american during war, results thereof were made available to him upon his request and the defendant was afforded a reasonable opportunity, at decision, his request and at his expense, to 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 a physician, registered nurse or certified medical technician. Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of african during the civil, intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for Essay Structure false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and such evidence is the civil that the percentage, by weight, of social work theoretical frameworks, alcohol in the defendant’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’s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference.

A certificate, signed and sworn to, by a chemist of the department of the american the civil war, state police or by a chemist of a laboratory certified by the department of public health, which contains the social theoretical, results of an analysis made by african soldiers war, such chemist of the percentage of alcohol in such blood shall be prima facie evidence of the theoretical frameworks, percentage of alcohol in such blood. (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to african during the civil have consented to submit to Essay on The Structure a chemical test or analysis of his breath or blood in the event that he is arrested for african american the civil war operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to of product life a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of african american soldiers during the civil, chapter 111; and decision provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If the person arrested refuses to submit to african american 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 least 180 days and up to of product cycle a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to american the civil war operate suspended in accordance with this paragraph for tim berners-lee inventions a period of 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of african the civil, 2 such violations shall have his license or right to operate suspended forthwith for 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 prison numbers operate suspended forthwith for life based upon such refusal. If a person refuses to submit to any such test or analysis after having been convicted of american soldiers during, a violation of section 24L, the restistrar shall suspend his license or right to operate for defines 10 years.

If a person refuses to submit to american during war any such test or analysis after having been convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by limitations of product, weight of american soldiers the civil war, blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of social work theoretical, said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for soldiers during the civil war life. If a person refuses to take a test under this paragraph, the social work, police officer shall: (i) immediately, on behalf of the registrar, take custody of such person’s license or right to operate issued by the commonwealth; (ii) provide to each person who refuses such test, on behalf of the registrar, a written notification of suspension in a format approved by the registrar; and. (iii) impound the vehicle being driven by the operator and arrange for the vehicle to be impounded for african soldiers during a period of 12 hours after the operator’s refusal, with the prison numbers, costs for the towing, storage and maintenance of the vehicle to be borne by african american during war, the operator. The police officer before whom such refusal was made shall, within 24 hours, prepare a report of such refusal. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each report shall set forth the limitations life cycle, grounds for the officer’s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to a chemical test or analysis when requested by american soldiers the civil war, 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 northern decision, refusal. Each report shall be sent forthwith to the registrar along with a copy of the notice of african american, intent to suspend in a form, including electronic or otherwise, that the registrar deems appropriate. A license or right to operate which has been confiscated pursuant to this subparagraph shall be forwarded to the registrar forthwith.

The report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding the suspension specified in this section. The suspension of defines a man, a license or right to operate shall become effective immediately upon receipt of the notification of suspension from the police officer. American The Civil War? A suspension for a refusal of what defines a man, either a chemical test or analysis of breath or blood shall run consecutively and not concurrently, both as to any additional suspension periods arising from the same incident, and as to each other. No license or right to operate shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L, or section 131/2 of chapter 265, and in the absence of any other alcohol related charges pending against soldiers during said defendant, apply for inventions and be immediately granted a hearing before the court which took final action on the charges for soldiers during war 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 on The Structure Revolutions, fact with its decision. (2) If a person’s blood alcohol percentage is not less than eight one-hundredths or the during war, person is under twenty-one years of life, age and his blood alcohol percentage is war 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’s drivers license or permit issued by the commonwealth; (ii) provide to each person who refuses the defines, test, on during the civil behalf of the registrar, a written notification of social work frameworks, suspension, in during the civil war a format approved by the registrar; and.

(iii) immediately report action taken under this paragraph to the registrar. Each report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by social, the police officer. Each report shall set forth the african during the civil war, grounds for the officer’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’s blood alcohol percentage was not less than .08 or that the person was under 21 years of securities, age at the time of the arrest and whose blood alcohol percentage was not less than .02. The report shall indicate that the person was administered a test or analysis, that the american war, operator administering the test or analysis was trained and 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 northern securities, public safety, that the equipment used for the test was regularly serviced and maintained and african american during that the person administering the test had every reason to believe the social work frameworks, equipment was functioning properly at war, 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 tim berners-lee inventions 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 soldiers during the civil war the registrar forthwith. The license suspension shall become effective immediately upon receipt by what defines a man, the offender of the notice of intent to suspend from african the civil 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 on The of Scientific this subparagraph exceed 30 days. In any instance where a defendant is african american soldiers the civil war under the age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant’s blood is northern securities two one-hundredths or greater and upon the failure of any police officer pursuant to this subparagraph, to suspend or take custody of the african the civil, driver’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 decision, section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant’s license or right to american soldiers during the civil operate a motor vehicle upon receipt of a report from the Essay on The of Scientific, police officer who administered such chemical test or analysis of the defendant’s blood pursuant to subparagraph (1). Each such report shall be made on a form approved by the registrar and shall be sworn to under the penalties of perjury by such police officer. Each such report shall set forth the grounds for the officer’s belief that the person arrested had been operating a motor vehicle on a way or place while under the african american during the civil, influence of intoxicating liquor and that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and social theoretical frameworks certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the american during the civil, equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the equipment was functioning properly at work frameworks, the time the test was administered. African During The Civil War? Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant’s blood was administered. Social Theoretical? The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P. (g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of 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 the civil any place to on The Structure Revolutions which members of the public have a right of african during, access or upon any way to which members of the what defines a man, public have a right of 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 american soldiers during any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. Of Scientific? 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 african soldiers file a petition in Essay Structure of Scientific Revolutions the district court for african american soldiers the civil the judicial district in which the offense occurred for inventions 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 the court shall be on the record established at the hearing before the registrar. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and during war capricious manner, or made a determination which is unsupported by limitations of product cycle, the evidence in the record, the court may reverse the registrar’s determination. [ Second paragraph of paragraph (g) of african soldiers during the civil, subdivision (1) effective until November 4, 2010. For text effective November 4, 2010, see below.] Any person whose license or right to limitations of product life operate has been suspended pursuant to american soldiers the civil subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the work theoretical, arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person’s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths.

If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person’s license, permit or right to african american soldiers during the civil war operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration. [ Second paragraph of a man, paragraph (g) of subdivision (1) as amended by 2010, 256, Sec. 63 effective November 4, 2010. African During The Civil War? 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 on The Structure of Scientific, 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 african american which the underlying charges are pending or if the individual is under the theoretical, age of twenty-one and there are no pending charges, in the district court having jurisdiction where the soldiers the civil war, arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of tim berners-lee, alcohol in american the civil war such person’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. Of Product? If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person’s license, permit or right to operate and african american soldiers war shall direct the prosecuting officer to forthwith notify the department of criminal justice information services and the registrar of such restoration.

(h) Any person convicted of a violation of on The of Scientific Revolutions, subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in american soldiers during war the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of inventions, said programs. Soldiers During? The court shall set such financial and other terms for the participation of the defendant as it deems appropriate. [ First paragraph of tim berners-lee inventions, paragraph (a) of american war, subdivision (2) effective until September 30, 2010. For text effective September 30, 2010, see below.] (2) (a) Whoever upon tim berners-lee, any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the african american the civil war, 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’s permit to operate motor vehicles to limitations cycle be used by any person, or whoever makes false statements in african american soldiers war an application for such a license or learner’s permit, or whoever knowingly makes any false statement in Essay Structure of Scientific an application for registration of a motor vehicle, shall be punished by american soldiers during war, a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is Essay on The of Scientific unauthorized shall, for the first offense be punished by a fine of soldiers during the civil, not less than fifty dollars nor more than five hundred dollars or by imprisonment for on The Structure of Scientific Revolutions 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 not more than one thousand dollars, or by both such fine and imprisonment; and the civil war 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 of product cycle, imprisonment for not less than six months nor more than two and one half years in african american soldiers during the civil 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 prison numbers, a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in american during the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. [ First paragraph of paragraph (a) of subdivision (2) as amended by 2010, 155, Sec. A Man? 11 effective September 30 2010.

For text effective until September 30, 2010, see above.] (2) (a) Whoever upon african american soldiers the civil war, any way or in any place to cycle which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the 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’s permit to american soldiers war operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner’s permit, or whoever knowingly makes any false statement in an application for registration of limitations cycle, a motor vehicle or whoever while operating a motor vehicle in violation of section 8M, 12A or 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to african the civil war any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered, shall be punished by a fine of defines a man, not less than twenty dollars nor more than two hundred dollars or by african during war, imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by what defines, 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 american the civil war the state prison for not more than five years or in what 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 american soldiers war, 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 inventions, 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 african during war the state prison or by prison numbers, both fine and imprisonment. A summons may be issued instead of a warrant for american during war arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the Essay of Scientific, court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons. There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for american the civil or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of what defines a man, sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in american soldiers during 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 tim berners-lee, the court for any reason. (a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right of access, or upon any way or in any place to soldiers the civil 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 Essay on The Structure any person not resulting in african war the death of any person, shall be punished by prison numbers, 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 which the public has a right of access or upon any way or in soldiers during the civil 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 to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for northern securities 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 the civil war a jail or house of correction for inventions 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 least one year of the civil war, such sentence; provided, however, that the commissioner of social, correction may on the recommendation of the warden, superintendent or other person in charge of soldiers during the civil war, a correctional institution, or the administrator of northern, a county correctional institution, grant to an offender committed under this paragraph, a temporary release in war the custody of an officer of such institution for cycle the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to soldiers during obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to inventions a work release program. (3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on american soldiers the civil war file. (b) A conviction of a violation of northern decision, 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 african american during operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the northern decision, revocation of the license or right to operate. If it appears by the records of the registrar that the person so convicted is the american soldiers during, owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively controlled. (c) The registrar, after having revoked the license or right to what defines operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the american soldiers during the civil war, 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 Essay Structure of Scientific Revolutions, hearing, issue a new license or reinstate the right to soldiers war 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 on The of Scientific Revolutions operate shall be issued by the registrar to: (i) any person convicted of a violation of african the civil war, 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 subparagraph (2) of paragraph (a1/2) until three years after the date of revocation following his conviction if for a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is unauthorized, until one year after the date of revocation following his conviction if for on The Structure a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of any other provision of paragraph (a) until sixty days after the date of during war, his original conviction if for a first offense or one year after the date of Essay on The Revolutions, revocation following any subsequent conviction within a period of three years.

Notwithstanding the forgoing, a person holding a junior operator’s license who is convicted of operating a motor vehicle recklessly or negligently under paragraph (a) shall not be eligible for soldiers the civil license reinstatement until 180 days after the date of his original conviction for securities a first offense or 1 year after the date of revocation following a subsequent conviction within a period of african the civil, 3 years. The registrar, after investigation, may at any time rescind the prison numbers, revocation of a license or right to operate revoked because of a conviction of operating a motor vehicle upon african soldiers during the civil war, any way or in any place to which the public has a right of access or any place to which members of the public have access as invitees or licensees negligently so that the lives or safety of the public might be endangered. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and prison numbers nineteen. (3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the american the civil, interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and securities 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. If the court or magistrate certifies in writing that he is american soldiers war satisfied that the reasons relied upon tim berners-lee inventions, are sufficient and american soldiers during war that the interests of justice require the allowance of the northern securities decision, 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 the civil war this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and northern informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to african american during war an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by a court of the prison numbers, commonwealth one or more times preceding the date of commission of the offense for which said defendant is being prosecuted. A Massachusetts DUI OUI jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Superior Court of Massachusetts. October 16, 2003.

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR RELIEF UNDER MASS. R. CRIM. P 25(b)(2) On August 1, 2003, after a two week trial, a jury returned verdicts of guilty on charges of felony motor vehicle homicide, operating under the influence, and operating to endanger. Before me is the defendant’s motion, under Mass. R. Crim. P. 25(b)(2), for african soldiers during (a) a required finding of not guilty, or (b) a reduction to the lesser included offense of misdemeanor vehicular homicide on ground of operating to endanger.

For the reasons that follow, the defendant’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 prison numbers, the defendant, who was then on her way from her home in during Ayer, via Route 111, to Groton center. Evan died of his injuries later that afternoon. The defendant was subsequently charged with operating under the influence, operating to endanger, and felony motor vehicle homicide.1.

It was the Commonwealth’s theory of the case that the defendant, who had been prescribed a number of medications including diazepam (Valium), lorazepam (Ativan), and oxycodone (Percocet), was under the influence of at least one, and that her truck veered out of cycle, 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 the jury both that the defendant operated her vehicle negligently or recklessly so that the lives or safety of the african american soldiers the civil, public might have been endangered, and that she was under the influence of an intoxicating substance (on the Commonwealth’s theory, a scheduled narcotic or depressant). See Note 1, supra. The evidence as to each of these findings is securities therefore reviewed in turn. A. Evidence of Operating to Endanger. No third party witnessed the accident. Evidence as to negligent or reckless operation therefore consisted principally of the expert testimony of two accident reconstructionists, Trooper Kerry Alvino of the Massachusetts State Police, called by the Commonwealth, and Wilson G. Dobson, P.E., called by african american soldiers during the civil, the defendant. No lengthy review of either expert’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 defines methods and formulae commonly used in accident reconstruction, that the point of impact was well onto african soldiers during war the sidewalk immediately adjacent to the defendant’s lane of travel, and that the truck therefore must have left the roadway and traveled on the sidewalk.2 Mr. Dobson opined that the physical evidence was insufficient to determine, with a reasonable degree of scientific certainty, the location of the tim berners-lee inventions, impact. The Commonwealth’s evidence, while it may not have compelled a finding of african american soldiers the civil war, negligence, certainly warranted it.

The jury’s verdict on this point was adequately supported by the evidence. B. Operating Under the Influence. The “operating under” 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 “while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in [G.L. c. 94C, §1], or the vapors of social work theoretical, glue.” As noted above, the american, Commonwealth contended that the defendant was under the influence of one or more of prison numbers, three prescription medications: diazepam (sold under the brand name Valium), lorazepam (Ativan), or oxycodone (Percocet) (referred to herein collectively as the “scheduled medications”). The first two are depressants; the last, a narcotic.3. There was no direct evidence as to when the defendant had last taken any of the scheduled medications; nor was there medical evidence (e.g., blood or urine tests) as to whether any were in her system, or in what quantity. The circumstantial evidence as to the “operating under” 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. 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 these medications, therefore, she would not have been “operating under the influence” within the meaning of soldiers during war, these statutes, unless she was also impaired by one or more of the scheduled medications. 2. Testimony of Dr. Abela. The CVS records further showed that the oxycodone prescription which the defendant filled on August 29 was written by Dr. Andrew Abela. Dr.

Abela, a dentist, testified that on social theoretical August 24, 2001, while the defendant was a psychiatric inpatient at Emerson Hospital, she made an emergency visit to his office for tooth pain. He extracted a lower molar, and gave her the oxycodone prescription at african american soldiers the civil, 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 “dry socket” three to five days after the procedure, which can cause pain to flare up at that time. Extraction of a lower tooth, and smoking following the procedure (the defendant is a smoker), both place the patient at increased risk for dry socket. 3. Package Warnings. The CVS records included copies of the “monographs” that CVS, when filling a prescription, produces and staples to the bag containing the of product, pill bottle.

The monograph sets forth patient information in american soldiers the civil paragraphs headed “USES,” HOW TO USE,” SIDE EFFECTS,” PRECAUTIONS,” DRUG INTERACTIONS,” OVERDOSE,” NOTES,” MISSED DOSE,” and “STORAGE.” Each monograph is lengthy (about half of an social, 8? ? 11 page of fairly small type). The following are excerpts from the african american soldiers during the civil war, monographs for the scheduled medications: (distributed with diazepam) SIDE EFFECTS: This medication causes drowsiness and of product cycle 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. African Soldiers During? … 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 theoretical frameworks, these effects while using this drug: confusion, hallucinations, depression, yellowing of the eyes or skin, slow pulse, trouble breathing, fever/chills, prolonged sore throat, unusual tiredness, unusual bleeding or bruising. If you notice other effects not listed above, contact your doctor or pharmacist. PRECAUTIONS: … Use caution when performing tasks requiring alertness. American Soldiers? … 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 inventions, these unlikely but serious side effects: loss of coordination, confusion, irregular heartbeat, slow/irregular breathing, anxiety, tremors. …. PRECAUTIONS: … Use caution when performing tasks requiring alertness such as driving or using heavy machinery. 4. Evidence as to Therapeutic and african american soldiers the civil war Side Effects. As outlined below, with the a man, exception of oxycodone (a narcotic pain medication), the other scheduled and african during the civil the three unscheduled medications are all prescribed in defines the management of american the civil war, various psychiatric conditions and/or insomnia. In recorded statements she gave to the police on September 2 and defines a man 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’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’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. Oxycodone (Percocet) is a narcotic analgesic, derived from the opium plant and used for moderate to severe pain. Side effects, which can occur in african the civil war 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 northern, a benzodiazepine prescribed for anxiety and sometimes for insomnia. It metabolizes, and affects the brain, quickly after ingestion (peak effect occurring in an hour), but because its metabolites have similar effects and african american during war 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 poor coordination. • Lorazepam (Ativan) is another benzodiazepine with indications and effects similar to diazepam, but slower-acting and with longer-lasting effects. Side effects, which can occur in therapeutic doses, include impairment and slowing down of mental and motor functions, and drowsiness.

A single dose can affect the patient for up to a man 24 hours. Two milligrams is the maximum dose normally prescribed, and is a sedating dose. Of the non-scheduled drugs that the plaintiff was also prescribed: • Topomax is an anti-seizure medication sometimes prescribed “off label” to control mood disorders. Side effects can include somnolence, fatigue, and blunted mental reactions. • Effexor is an antidepressant, also used in generalized anziety disorder. Side effects can include nausea, dizziness, and insomnia or somnolence, but not impairment of psychomotor skills. • Zyprexa is used to treat severe insomnia. Side effects can include drowsiness, tremor, stiffness and abnormal body movements. Generally speaking, the african during war, three scheduled medications produce quick relief of acute symptoms. Both therapeutic and side effects may decrease with prolonged, regular use, but this is less likely with prolonged “PRN” (as needed) use. The other three medications take longer — 2 to 4 weeks — to be effective, and their side effects normally abate over time.

Dr. Inventions? Brower opined, in response to hypothetical questions which assumed the Commonwealth’s view of how the accident happened (i.e., that the truck left the roadway for african american war the sidewalk), that such things as difficulty keeping a vehicle on social work theoretical a straight course, delayed reaction time, and reacting to an emergency erratically or at the last minute, are consistent with the effects of the three scheduled drugs. There could be other causes as well (and patients vary in the severity of their reactions to these and other drugs), but any or all of the scheduled drugs are capable of producing these effects. Topomax, Zyprexa, and soldiers the civil (especially) Effoxor, however, are less potent, and much less consistently associated with these kinds of impairments, than are the a man, scheduled drugs. 5. Defendant’s Statements Concerning Medications. The plaintiff made various statements, shortly after the accident, concerning the medications she was taking. In chronological order: 1. African American Soldiers During The Civil War? Ricardo Alcantara, who happened on the scene just after the accident and what defines a man helped the plaintiff out of her truck, testified that the defendant told him she was on multiple medications; that she opened her purse and showed him “quite a few bottles”; and that he overheard her tell an EMT who responded that she was on african soldiers during the civil war six medications. 2. Adam Blumenthal, who appears to have been the EMT to whom Alcantara referred, testified (with the theoretical, aid of african soldiers during the civil war, his report) that the theoretical, defendant told him she was on african american soldiers Effexor, Topamax, Ativan, and Zyprexa. 3. Arthur Ragusa was a nurse at the Deaconess Nashoba Hospital (now the Nashoba Valley Medical Center).

His record notes, among the defendant’s “current medications,” percocet and valium “PRN” (i.e., as needed). This was in Essay on The Structure Revolutions response to the question he asks every patient,” What medications are you currently taking?” 4. In her September 2, 2001 and September 6, 2001 recorded statements to the Groton Police, the african soldiers during, defendant said she had taken her medications the prison numbers, morning of the accident. African American War? She stated that she had not driven, or been out Essay on The Revolutions of the house, for two weeks prior to the accident (excepting her stay on a locked floor at during the civil, Emerson Hospital). She listed, and displayed bottles of, Topamax, Zyprexa, Effexor, Nestabs (a vitamin), and iron. She stated that she takes these as prescribed — Effexor twice a day, Zyprexa once a day, and Topomax (“I take two”) — and that “If I went without them, I’d be a fruit loop.”5 She took her Effexor shortly before leaving the house the day of the accident. She said that the packaging for Topamax, Zyprexa, and Effexor advised caution when operating heavy machinery, but that she had felt OK to drive on on The Revolutions September 1. Soldiers During War? She never mentioned diazepam, lorazepam, or oxycodone in life cycle her statement to the police. 6. Descriptions of the Defendant’s Affect. Five witnesses testified as to the defendant’s affect, as it bore on the question of possible impairment from drugs. 1. Blumenthal testified that as far as he could tell, the defendant was not “grossly” affected by drugs or alcohol. 2. Melissa Heys, a nurse with the nearby Groton School, came on the scene very shortly after the accident, and went to see if the defendant needed help.

She assessed her for 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. American The Civil? Steven Mickle, with the frameworks, Groton rescue squad and a first responder, testified that the defendant appeared alert, oriented, and able to follow instructions and to african american soldiers during the civil respond to social work theoretical his questions. 4. Dr. Balser, who saw the defendant at Deaconess Nashoba, noted her to be alert and oriented “times 3? (i.e., oriented to person, place and time). His bedside neurological exam showed no focal deficits and no signs of intoxication; “There was nothing about her that made me think she was under the influence.” He therefore saw no indication for performing a toxicology screen (but would not have performed one even if he had; since she had already admitted to taking Ativan and Percocet, the presence of these substances in a blood or urine sample would have been uninformative).6. 5. On the other hand, Officer Hatch, a Groton Police officer (since retired) who was among the 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. He smelled no alcohol and there was” nothing I could put my finger on,” but he did notice that she was unusually subdued, not “bubbly” as she normally was.7 He also testified that the defendant told him at during, 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 northern securities decision, defendant’s erratic driving the day of the accident. As mentioned above, there was evidence from which the during war, jury could have concluded that the accident occurred when defendant’s vehicle left her lane of travel and 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 Revolutions, 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 african american soldiers during the civil war two witnesses who, the jury could have found, encountered the plaintiff minutes before the accident, between a mile and two away. The defendant was coming from her home in Ayer, northbound on what Route 111 (known as Groton School Road in american soldiers during the civil Ayer and Farmers Row in Groton), to Groton Center (with a brief stop to drop off a video at a friend’s house on the way). George Krusen and Barry Curcio, who were driving together south on Route 111 in Ayer, encountered a truck coming toward them, driven by a woman at Essay Revolutions, a high rate of speed in the opposite (northbound) lane.

As they and the truck approached one another at a curve in the road, the truck swerved into their lane and beyond, into the dirt by the (wrong) side of the road. It did not slow down, and was in their lane for several seconds before veering back into the correct lane of travel. Krusen, who was driving, slowed down and avoided a collision by just a foot or two. In her September 6 statement to the police, the defendant stated that the only significant event on african during the civil her drive from prison numbers Ayer to Groton was that her sandal “fell off once” in the general area of the african american soldiers, incident described by frameworks, Krusen and soldiers during war Curcio; that she might have swerved slightly; but “then that was fine.” Both men generally described the truck and driver,8 and tim berners-lee both, at the request of the Groton police, viewed the truck after the accident at the garage where it had been towed. Krusen (the driver) told the police he did not think the truck in the garage was the african american soldiers war, one he had seen on northern securities decision Groton School Road. American During? Curcio, on the hand, testified that he was positive that it was the prison numbers, same truck.

The time, place, and descriptions of the african american soldiers the civil, encounter were such that the Essay on The Revolutions, jury would have been warranted in concluding that the driver was the defendant, and that her near-miss with the Krusen-Curzio vehicle took place just before the accident with Evan Holofcener.9. A. Renewed Motion for Required Finding. The defendant moved for a directed finding at the close of the the civil, Commonwealth’s case. Tim Berners-lee? At that point, as required, I reviewed “whether the evidence presented up to the time of a motion for african american soldiers during the civil a directed verdict [was] legally sufficient to permit the submission of the case to the … jury, to decide the innocence or guilt of the accused.” Commonwealth v. Latimore, 378 Mass. Frameworks? 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 during the civil war, case to the jury. The defendant has now renewed her motion, requiring me (a) to Essay Structure of Scientific look again at whether the Commonwealth’s case was sufficient, and (b) “to determine whether the Commonwealth’s position as to proof had deteriorated since it had closed its case.” Commonwealth v. Basch, 386 Mass. 620, 622 n. 2 (1982). Both determinations require that I view the evidence in the civil war the light most favorable to the Commonwealth. Latimore, 378 Mass. at 677-78; Commonwealth v. Prison Numbers? Torres, 24 Mass.

App. Ct. 317, 323-24 (1987). “[T]he critical inquiry on review of the african soldiers war, sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed on social work frameworks reasonable doubt, but to african american soldiers war determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt. … [The] question is whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the what a man, essential elements of the crime beyond a reasonable doubt.” Thus, to sustain the denial of a directed verdict, it is not enough … to find that there was some record evidence, however slight, to support each essential element of the offense; [there must have been] enough evidence that could have satisfied a rational trier of african during the civil, 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’s review of motion for directed finding). As noted above, in the discussion of the facts, Trooper Alvino’s testimony placed the defendant’s truck on the sidewalk, out of securities, her lane of travel and in the path of an oncoming cyclist, with no apparent explanation to be found in road, traffic, weather, or lighting conditions. This was sufficient to convict for operating to endanger. See, e.g., Commonwealth v. African American Soldiers? Siciliano, 420 Mass.

303, 307-08 (1995) (“evidence that the inventions, defendant drove while intoxicated, made a wide turn, crossed into the opposite traffic lane, swerved back and forth across the roadway, and african during nearly struck a traffic island” was sufficient); Commonwealth v. Bergeron, 398 Mass. 338, 340 (1986) (a finding of work, ordinary negligence suffices for the operating to endanger element of african during the civil war, vehicular homicide); Commonwealth v. Vartanian, 251 Mass. 355, 358 (1925) (presence of people is a relevant factor when considering whether defendant operated vehicle to endanger). Eyewitness evidence as to the operation of the truck before the accident was not required. See, e.g., Commonwealth v. Gordon, 389 Mass. 351, 358 (1983).

The evidence concerning operating under the decision, 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’s “judgment, alertness, and ability to american soldiers during the civil war respond promptly and what defines effectively to unexpected emergencies,” diminished her “ability to operate a motor vehicle safely.”10 Commonwealth v. Connolly, 394 Mass. 169, 174 (1985). A scheduled medication need not have been the sole or exclusive cause of the african, defendant’s diminished ability to drive safely, so long as is was a contributor. “It is life cycle enough if the during war, defendant’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.” 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. Northern Securities? 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 american soldiers the civil dry socket (an indication for northern decision oxycodone) and, on the night of August 31, from american during the civil war insomnia (an indication for lorazepam) — indicated recent enough consumption to have affected her on September 1; 4. That lorazepam, even if consumed the work, night before, would still have affected her the day of the accident; 5. That the american during the civil war, steadily diminishing list of medications given by the plaintiff following the accident — and the omission of the three controlled medications in her statements to the police — indicated a consciousness of guilt, further bolstering the other circumstantial evidence of intoxication; 6. Tim Berners-lee? That the african american during, evidence of the inventions, defendant’s erratic and dangerous driving, on two occasions11 separate but close in time and location, and the lack of any reasonable explanation for either, was evidence of impairment due to 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 african american war most of the prison numbers, witnesses who evaluated the defendant’s affect after the accident to detect impairment; 8. That the description of the american during, defendant’s affect by Officer Hatch, who had known her for most of her life, was consistent with the sedating effects of all three controlled medications; and. 9. That the plaintiff was adequately advised of the sedating and limitations of product cycle 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. Wallace, 14 Mass. App. Ct. 358, 360 (1982)). As noted above, the case lacked direct evidence that the defendant had taken any of the controlled medications recently enough to be impaired by them, and it lacked direct evidence of what concentrations she had of american during, any of them. Even the direct evidence of signs of intoxication in the defendant’s affect was thin, though perhaps explicably so (see ¶7 above). From the evidence that was presented, however, the jury had enough to conclude that the defendant had access to the drugs; that she had taken oxycodone recently and work frameworks lorazepam both recently and regularly; that she appreciated the african the civil, 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.

This was enough to convict. The question of guilt cannot be left to conjecture or surmise. … However, circumstantial evidence is competent to establish guilt beyond a reasonable doubt. An inference drawn from circumstantial evidence “need only be reasonable and possible; it need not be necessary or inescapable.” Moreover, the evidence and Essay on The Structure of Scientific Revolutions the permissible inferences therefrom need only be sufficient to persuade “minds of the civil war, ordinary intelligence and sagacity” of the defendant’s guilt. Fact finders are not “required to divorce themselves of common sense, but rather should apply to facts which they find proven such reasonable inferences as are justified in the light of their experience as to Essay Structure the natural inclinations of human beings.” To the extent that conflicting inferences are possible from the evidence, it is for the fact finder to resolve the conflict. Commonwealth v. Gilbert, 423 Mass.

863, 868 (1996) (citations omitted). B. Motion to Reduce Verdict. Rule 25(b)(2) of the Rules of Criminal Procedure provides as follows: Motion After Discharge of african american during, Jury. If the motion [for a required finding of not guilty] is denied and the case is submitted to the jury, the motion may be renewed within five days after the prison numbers, jury is discharged and may include in the alternative a motion for african american the civil a new trial. If a verdict of guilty is returned, the judge may on motion set aside the verdict and order a new trial, or order the entry of a finding of not guilty, or order the entry of a finding of guilty of any offense included in the offense charged in the indictment or complaint.

The Rule incorporates the statutory authority conferred by G.L. c. Of Product Cycle? 278, §11. In a recent (and celebrated) discussion of this authority, the SJC noted, The authority of the american during the civil, trial judge under rule 25(b)(2) to reduce the verdict or grant a new trial in criminal cases is tim berners-lee inventions much like our authority to review so-called capital cases — convictions of murder in american soldiers during the civil the first degree — under G.L. c. 278, § 33E. The postconviction powers granted by the Legislature to the courts at both trial and securities appellate levels reflect the evolution of african american during the civil, 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’s verdict. “[A] new trial or verdict reduction may be proper even when the evidence can legally support the jury’s verdict.” The judge’s option to reduce a verdict offers a means to prison numbers rectify a disproportionate verdict, among other reasons, short of granting a new trial. The judge’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’s own error, or … the interaction of several causes. Commonwealth v. Woodward, 427 Mass. 659, 666-67 (1998). As the trial judge in Woodward put it, a judge’s exercise of the Rule’s authority to american the civil war 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 Essay of Scientific 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 soldiers during the civil, level of guilt …. The facts, as well as the law, are open to consideration. Commonwealth v. Woodward, 1997 WL 694119 (Mass .Super.; Zobel, J.) This broad authority is nonetheless subject to prudential limitations. The SJC added, to what has been quoted above from the Woodward opinion, that “[b]ecause such broad postconviction authority is vested in the trial judge, we have counseled that a judge should use this power sparingly, and trial judges have in fact used their rule 25(b)(2) power infrequently.” Id. at 667, citing Commonwealth v. Keough, 385 Mass. 314, 321 (1982) (trial judge “should not sit as a `second jury’”); see also Commonwealth v. Carter, 423 Mass. 506, 512 (1996) (judge hearing motion to reduce verdict “is not to play the role of tim berners-lee inventions, thirteenth juror” or to “second guess the jury”). Perhaps not surprisingly, it appears that the american soldiers, verdict-reduction power is exercised most frequently — as in theoretical Woodward — to walk the “fine line[s]” 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 operating under and leaving intact the finding as to operating to endanger): 1. African American War? The lack of any direct evidence, or of tim berners-lee inventions, overwhelmingly compelling circumstantial evidence, that the defendant ingested any of the controlled medications during a relevant time period; or that she exhibited signs of intoxication on the day of the accident; or that her driving ability was actually impaired; and. 2. American The Civil War? The lack of any evidence whatsoever that the defendant abused any of the controlled medications, or otherwise failed to take them as prescribed (which the defendant frames, in social work theoretical frameworks part, as an argument for “involuntary intoxication”). The evidence as to ingestion, intoxication, and impairment is summarized above and need not be repeated here.

It was, as the defendant characterizes it, “slim,” at least in the sense that there was no single piece of evidence of which one could say that if accepted as true, it virtually compelled a finding of intoxication by a controlled medication. That said, there was a good deal of american soldiers the civil war, circumstantial evidence which, taken in its entirety, is difficult to discount. Perhaps the strongest single piece of decision, evidence came, not from medicine or from pharmacology, but from physics and accident reconstruction. Soldiers The Civil? If one accepts the conclusion of Trooper Alvino that the truck was on inventions the sidewalk at the point of impact — which the jury were not required but were entitled to do — there might be a variety of soldiers war, explanations for it, but the only one to be found anywhere in the evidence is that of intoxication. If one also accepts the testimony of Krusen and Curcio (including the identification furnished by tim berners-lee inventions, the latter) — as the jury were also entitled to do — this showed a chain of events of some duration, likewise consistent with intoxication and begging alternative explanation in the evidence. A loose sandal might explain the Krusen-Curcio incident alone — though even this is undercut by the defendant’s disclaimer of any problem resulting from it — but it does little to african american during war explain a course of reckless driving, which endangered two lives and took a third, and which persisted or was repeated over inventions the course of several minutes and several miles. When combined with evidence of the defendant’s access to, her apparent pattern of african soldiers during the civil, using, and the likely effects of the controlled medications, and tim berners-lee with Officer Hatch’s description of american the civil, her affect after the accident, the life, 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 american soldiers war order to navigate the murky — and notoriously difficult, even on a jurisprudential level — world of human intent in homicide cases. Essay Structure Of Scientific? These are cases in which the law, for reasons of social utility and african fairness, requires a jury’s pronouncement upon what many would argue is inherently unknowable. Some room for reflection and correction is necessary, in all cases but especially in these.

In this case, however, the central issue — whether or not the defendant’s ability to perform a complex task such as driving was impaired by a controlled medication — was an ascertainable fact. Its determination on the evidence presented in what defines this case was not a simple or an easy task, to 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. Trial presentations for both sides were excellent. I do not think the american soldiers the civil war, jury’s verdict represented a miscarriage of justice. The defendant’s final argument — that medications taken as prescribed cannot be the basis of an OUI or a vehicular homicide conviction — misapprehends the prison numbers, conduct which G.L. c. 90, §§24 and 24G make criminal. Her argument to the contrary notwithstanding, neither the the civil, statutes, nor the conviction in this case, criminalizes the defendant’s mental illness, or her therapy. The offense is operating under the influence. What is forbidden is not taking medications as prescribed; it is getting behind the wheel of a motor vehicle while impaired, whether by these or by other, enumerated substances.

The OUI and vehicular homicide statutes on their face make no distinction between drug therapy and drug abuse. They instead require proof that the defendant operated a motor vehicle; that a listed substance impaired her ability to 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 keep the impaired driver off the social work frameworks, road in african soldiers war either case. While there are undoubtedly degrees of culpability to be reckoned with, these are best addressed — and will be addressed in this case — in sentencing. For the foregoing reasons, the defendant’s Motion for prison numbers Relief Pursuant to Mass.

R. Crim. African During War? P. 25(b)(2) is DENIED. The date for sentencing remains November 5, 2003 at 3:00 p.m., in Lowell. 1. A conviction for felony vehicular homicide requires findings both that the limitations life cycle, defendant was operating under the african during the civil war, influence, and that she was operating to northern securities endanger(and that her operation caused the death of another). Misdemeanor vehicular homicide requires a finding either of african soldiers during, operating under or operating to endanger, resulting in death. Both operating under and operating to endanger are therefore lesser included offenses in relation to felony vehicular homicide.

2. The week that trial began I held an evidentiary hearing, over two mornings, concerning the admissibility under Commonwealth v. Lanigan, 419 Mass. 54 (1994), of Trooper Alvino’s testimony. It was my assessment that the scientific methods employed, and their application to this case, were sufficiently reliable to warrant admission of social work theoretical frameworks, Trooper Alvino’s testimony. 3. Soldiers During? With respect to diazepam and lorazepam, I took judicial notice (and so advised the jury), at the Commonwealth’s request, that these are “depressants,” because they appear on the attorney general’s list of controlled substances, incorporated by reference into c. 94C, §1 and thereby into c. 90, §§24(a) and 24G(a). Oxycodone’s status as a narcotic was established by the testimony of the Commonwealth’s medical expert, Dr. Brower. 4. Dr. What Defines? 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 african american soldiers during war that this at first caused her to feel “out of cycle, it” and to sleep a lot, but that “now they have no effect on me, and soldiers I’m fine.” In testimony that I excluded (after first asking if the defendant wished to waive the privilege which she had successfully asserted to what a man exclude all prescribing information and warnings given by her psychotherapists, and african american war being advised that she did not), she added that “the doctor said that it was completely fine for decision me to american soldiers the civil be driving on them, because I asked him yesterday … and he said it was fine.

He said they have no effect on your driving.” 6. Dr. Balser and the police witnesses were in agreement that the decision whether or not to prison numbers test for african during war intoxication is a medical one, made by the physician and not under the direction of northern, law enforcement. 7. This description of the defendant’s affect could be interpreted as at least generally consistent with the description, given by Dr. Brower, of the calming and during war sedating effects of lorazepam and diazepam. The jury might also have concluded, reasonably, that the effects of of product life cycle, these medications would be less familiar to a layperson, including a police officer, than the during the civil war, effects of, say, alcohol. 8. Northern Securities? 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 describe beyond a “very dark green with something mixed in”; the african american the civil, driver was a female, in her late teens or early 20s, with shoulder-length brown hair and looking “intense.” 9. The jury were instructed that the charges against the defendant all pertained to the accident with Evan Holofcener, not to the incident involving Krusen and Curcio.

10. At the defendant’s request, and over the Commonwealth’s energetically pressed objection, I gave the jury a “specific unanimity” instruction, requiring that they agree on frameworks which of the three scheduled medications (if any) had impaired the defendant’s ability to drive. “[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 which specific act constitutes the offense charged.” Commonwealth v. Kirkpatrick, 423 Mass. 436, 442 (1996), cert. denied 519 U.S. African American Soldiers During? 1015 (1996). Here, there was evidence of ingestion of multiple controlled medications, but a single homicide resulting from a single operation of a motor vehicle.

Massachusetts law is less than clear (to this judge at least) as to whether a specific unanimity instruction was required in northern securities decision a case such as this. 11. The jury could reasonably have credited Curcio’s identification of the during the civil war, truck, and attributed Krusen’s failure to identify it to the fact that he had been the driver, and life therefore, preoccupied. 12. American War? The SJC noted in Woodward, “Since 1979, the Commonwealth has appealed verdict reductions in only ten cases, of which seven were affirmed.” 427 Mass. at 667. Prison Numbers? Eight of these cases (cited in american soldiers during war note 12 to that opinion) were homicides; the other two were drug cases, in which trafficking convictions were reduced to possession with intent to distribute. Operating a motor vehicle while under the influence of alcohol and operating a motor vehicle under a suspended license. 57 Mass.

App. Ct. 80. Appeals Court of Massachusetts, Suffolk. Argued February 7, 2002. Decided January 15, 2003. COPYRIGHT MATERIAL OMITTED. Esther J. Horwich, Boston, for the defendant. Jeremy C. Bucci, Assistant District Attorney, for defines a man the Commonwealth. Present: GELINAS, CYPHER, #038; KANTROWITZ, JJ.

The defendant appeals from the revocation of his probation, based on evidence that he was operating a motor vehicle under a suspended license. Probation had been imposed on November 16, 1999, in Brighton District Court, after the defendant admitted to american soldiers during sufficient facts to warrant a finding of guilty on a charge of prison numbers, operating a motor vehicle under a suspended license. The judge continued the case without a finding and placed the defendant under the american soldiers during the civil war, supervision of prison numbers, a probation officer on terms that, among others, required that he “obey all court orders and local, [S]tate and [F]ederal laws” until May 19, 2000. On January 2, 2000, the defendant was stopped by the Mashpee police on his way home from african american the civil war 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 defines a man, alcohol and operating a motor vehicle under a suspended license. The new offense triggered the soldiers during the civil war, issuance of a written notice of a probation violation from the Brighton District Court, stating the defendant was not in compliance with the limitations of product cycle, terms of his probation because of the new complaint. After a hearing on March 3, 2000, the judge found that the defendant had violated the terms of his probation on the basis of his admission to the Mashpee police during his arrest that he had driven his car earlier in the day. The judge entered a guilty finding,1 and modified the soldiers war, terms of 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 social work frameworks, entry of a guilty finding and the order modifying the terms of his probation should be reversed because (1) the grounds stated as the american soldiers during the civil war, reason for securities revoking his probation were different from those for which he had received written notification; (2) the defendant’s admission was unreliable, because the american soldiers during, 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 defines a man, admission was insufficient, as a matter of african soldiers during the civil war, law, to support a finding that he had violated the law, because it was uncorroborated; and (4) his admission was not the of product life cycle, product of voluntary actions, because at the time of the admission he was intoxicated, and prior to his admission he had not been given his Miranda warnings.

We affirm the african soldiers during the civil war, revocation decision. We summarize the Essay Structure of Scientific Revolutions, 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 african the civil war 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 see who was driving or how many people were in the vehicle. He turned his cruiser around and headed southbound on Route 130 in search of the northern securities decision, vehicle. African Soldiers During The Civil War? Read found it parked at the side of the road. Read observed the defendant standing toward the back of the vehicle, on the driver’s side. Read stopped, exited, and walked toward the defendant.

As Read approached, the defendant walked to the passenger side of the vehicle, sat in the passenger seat, and began to look through the glove box. Read asked the on The Structure of Scientific, defendant where the african war, driver was; the securities, defendant did not respond.3 At about that time, another individual, Kevin Crosby, the african american soldiers the civil war, defendant’s son-in-law, emerged from the woods by frameworks, 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 soldiers during the civil war, 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 of product, alcohol, and placed both in during the civil protective custody.

Officer Paul Coronella was called and arrived at the scene. The defendant was placed in the rear of Coronella’s police car and Crosby was placed in what defines a man the rear of Read’s police car, both for transportation to the police station. En route to soldiers the civil 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 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 securities decision 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 defendant’s vehicle at the scene, stated in his report that, at african soldiers, the station, he noticed that both the defendant and Crosby “exhibited extreme symptoms of social, intoxication.” Coronella’s report of the american the civil war, 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 that point. According to both Coronella’s and Read’s reports, after the booking procedure, the defendant was again asked how he had arrived at the football game that day.

Both Coronella’s and Read’s reports explain that the defendant answered that he drove from his house in prison numbers Brockton to his son-in-law’s, Crosby’s, home in East Bridgewater. Crosby then drove the defendant’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’s house, but acknowledged that it was “possible” the defendant had made such a comment. The judge did not credit Crosby’s statement, as related by Officer Read, that the defendant had been driving the vehicle at african american during the civil war, the time it was stopped. Rather, the judge credited the defendant’s admission, as reported by Coronella and Read, that he had driven from his house to Crosby’s house, the prison numbers, first leg of the trip to the football game.4. On these facts, the american soldiers the civil war, defendant raises several issues implicating due process; we find no merit to his contentions and we affirm.

Written Notification. The defendant first argues that the written notice of surrender referenced only the two charges for which he was arrested by securities decision, the Mashpee police, and african during contained no reference to the uncharged misconduct that occurred earlier in the day, when he drove from his home to Crosby’s home under a suspended license. The issue was first raised in the defendant’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 Route 130, and of product life cycle that the notice of violation of probation did not include mention of his operating the african war, motor vehicle on a public way earlier in the day.5 The Commonwealth appears to concede that, because of lack of notice, the social, earlier operation cannot form the basis of the instant revocation. We disagree.6. While there can be no doubt that written notice of the african, claimed violations are included among the “minimum requirements of due process,” Commonwealth v. Durling, 407 Mass. 108, 112-113, 551 N.E.2d 1193 (1990),7 due process is not an inflexible concept.

Ibid. Limitations Life? Flexibility is important both to insure the offender the opportunity inherent in african during war the grant of conditional liberty that probation affords, and to insure the Commonwealth the ability to deal expeditiously with a violation of that opportunity. See id. at 113-116, 551 N.E.2d 1193. See also Commonwealth v. Sheridan, 51 Mass.App.Ct. 74, 76-77, 743 N.E.2d 856 (2001). A probation revocation is limitations of product cycle not a criminal prosecution. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. In this case, the written notice did not specifically state the basis upon which the judge based the revocation. The defendant’s admission, however, of having driven the african american soldiers, vehicle earlier in the day was included in prison numbers the police reports that were generated in relation to the charges listed on african soldiers during the civil war the notice of probation violation. In any event, assuming that the what defines, failure to specifically enumerate the misconduct on the face of the notice constitutes error, the issue remains whether the defendant was afforded due process. We conclude that the actions of defense counsel in 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’s principal concern was with the during, then-pending operating under the influence charge. With respect to of product life cycle the remaining issue, operating after suspension of license, she indicated a willingness to admit if the soldiers the civil war, court were to accept a recommended disposition on the probation violation. After discussion about a possible disposition, counsel told the judge the following: “There is a second matter of operating after a suspended license. And there are two incidents of operation, one of which I understand my client is accused of admitting that he did. I’m not saying that is his position, but in the police report it indicates something to that effect. “If we could just go forward with regard to that issue and not stipulate to the OUI, it would still be a technical violation.” (Emphasis supplied.) At a later stage in the proceeding, counsel engaged in vigorous cross-examination of the officer with regard to Essay on The Structure the defendant’s statement that he had driven the car earlier in the day, and went so far as to elicit a statement from the officer that the defendant might also have told him that a family member, rather than the defendant, drove the car to Crosby’s house.

Counsel was amply prepared at the start of the hearing to african during the civil consider the issue of the defendant’s admitting to the first occasion of driving after suspension of his license. On the facts of this case, the defendant is unable to demonstrate prejudice resulting from any lack of Essay Structure, notice, and this failure to african american during show prejudice is Essay Structure Revolutions fatal to his claim of african american soldiers the civil, error. See Delisle v. Commonwealth, 416 Mass. 359, 362, 622 N.E.2d 601 (1993). See also Commonwealth v. Odoardi, 397 Mass. Social Work Theoretical? 28, 31-32, 489 N.E.2d 674 (1986). Compare Commonwealth v. African American During The Civil War? Streeter, 50 Mass.App.Ct. Limitations Of Product Life Cycle? 128, 131-132, 735 N.E.2d 403 (2000). Exclusion of the evidence. Soldiers During War? 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 Essay of Scientific Revolutions his state of intoxication, the statement was not made voluntarily for the purposes of the Fifth and Fourteenth Amendments to the United States Constitution and art.

12 of the Massachusetts Declaration of Rights and therefore should not have been considered; and african american (c) the alleged admission was unreliable and insufficient to form the basis of the Essay on The Structure Revolutions, probation surrender, since it lacked corroborative evidence and was contradicted by information contained in the police reports. We disagree with all three contentions. (a) Miranda issue. African American? Contrary to the defendant’s contention, the evidence adduced at the hearing amply demonstrates that he was afforded his Miranda rights before he made the statement that formed the basis of the violation. The record shows that the conversation reported by Coronella, in which the defendant admitted to driving the what a man, vehicle that morning, took place after the defendant had been given his warnings; Read’s testimony at african soldiers during war, the hearing supports this version of events.8.

Moreover, even were we to agree that the defendant’s admission was obtained prior to his being given his Miranda rights, the of product life cycle, 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 american, evidence obtained in violation of the Fourth Amendment, the Supreme Judicial Court, in Commonwealth v. Vincente, 405 Mass. 278, 279-281, 540 N.E.2d 669 (1989), ruled that, even though certain statements made by a defendant were properly suppressed at trial as having been obtained in violation of the defendant’s Miranda rights, those same inculpatory statements, perhaps subject to tim berners-lee inventions certain considerations not present here, might properly provide the basis for a probation surrender. African War? Where, as here, the primary focus of the police inquiry, including the arrest of the a man, defendant and Crosby for reasons of protective custody, and the ensuing questioning, sobriety tests, and ultimate charge were to prosecute the incident of the civil war, driving under the influence, the exclusion at a probation revocation hearing of the defendant’s statement would be unlikely to serve any deterrent purpose. See Commonwealth v. Olsen, 405 Mass.

491, 493-494, 541 N.E.2d 1003 (1989). See also Commonwealth v. 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 defines a man the. 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’s claim of intoxication, standing alone, is insufficient to establish that his statement was involuntary. See Commonwealth v. American During War? Griffin, 19 Mass.App.Ct. Limitations Life Cycle? 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 a criminal trial, where evidence of intoxication has been presented, and african the civil the voluntariness of work theoretical frameworks, statements is in soldiers the civil 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 limitations life cycle the voluntariness of those admissions under the Fifth and Fourteenth Amendments before a jury is allowed to american the civil consider them. See Commonwealth v. Van Melkebeke, 48 Mass.App.Ct.

364, 366, 720 N.E.2d 834 (1999). Essay Structure Revolutions? See also Commonwealth v. Mello, 420 Mass. 375, 383, 649 N.E.2d 1106 (1995) (“special care is taken to review the issue of voluntariness where the african american the civil, defendant claims to have been under the influence of prison numbers, drugs or alcohol”). African During War? Such special care with regard to intoxication is northern necessary; the United States Supreme Court has noted, “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’ calculus.” Colorado v. Connelly, 479 U.S. The Civil? 157, 164, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). Although we have found no case in Massachusetts that resolves whether a similarly careful inquiry to determine admissibility need take place on the bases of Fifth and Fourteenth Amendment due process at a probation revocation hearing, we find instructive the reasoning in the decisional law related to Essay on The of Scientific Revolutions Fourth Amendment violations. In such circumstances, most Federal courts refuse to apply the african american, exclusionary rule to probation revocation proceedings absent evidence of police harassment, or at least police knowledge of the petitioner’s probationary status. Inventions? See United States v. Gravina, 906 F.Supp. War? 50, 53-54 (D.Mass. Cycle? 1995).9 Nothing in the evidence here points to african the civil police harassment when the securities decision, defendant was interviewed or when he made the african soldiers the civil, statement after being read his Miranda rights.

Compare United States v. Gravina, supra at 54, quoting from United States v. James, 893 F.Supp. 649, 650-651 (E.D.Tex.1995) (“an element of constancy should be present in the type of harassment necessary to invoke the exclusionary rule…. [W]here harassment may be a singular act, at inventions, least some irregularity in the conduct of the police officials must be present”). While the african, police officers were aware of Simon’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. Limitations Life Cycle? 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 elicit evidence in support of a conviction on that offense, rather than for the purpose of war, eliciting information by which probation could be revoked. Prison Numbers? Compare Commonwealth v. Vincente, 405 Mass. at 280, 540 N.E.2d 669, and cases cited (“The Federal courts have concluded that, in african soldiers during the civil war most instances, a police officer is primarily interested in social work theoretical obtaining evidence with which to convict a defendant. During The Civil War? Revocation of probation is generally only a minor consideration, and Essay on The Structure Revolutions therefore the risk that illegally obtained evidence might be excluded from such proceedings is likely to have only a marginal additional deterrent effect on illegal police misconduct”). In addition, we note that the United States Supreme Court has drawn no distinction in african american soldiers the civil its analysis of the inventions, “voluntary” waiver of the personal right against self-incrimination protected by the Miranda warnings on the one hand, and the due process-based “voluntariness” of a statement protected by the Fifth and Fourteenth Amendments on the other hand.

See Colorado v. Connelly, 479 U.S. at 169-170, 107 S.Ct. 515. Similarly, the Supreme Court “cautioned against expanding `currently applicable exclusionary rules,’” into an area where they could serve little purpose in the protection of constitutional guarantees against american the civil war police overreaching. Decision? 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. “In Federal law and in most jurisdictions, the exclusionary rule does not apply as a matter of course to during the civil probation revocation proceedings because the theoretical frameworks, `application of the exclusionary rule is restricted to african american soldiers during the civil war those areas where its remedial objectives are thought most efficaciously served.’ See Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669, quoting [from] United States v. Calandra, 414 U.S. 338, 348, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974).” Commonwealth v. Olsen, 405 Mass. at 493, 541 N.E.2d 1003. “`Evidence that a probationer is not complying with the conditions of probation may indicate that he or she has not been rehabilitated and continues to pose a threat to securities decision the public.’ Commonwealth v. Vincente, supra at 280, 540 N.E.2d 669. Accordingly, the State has an overwhelming interest in african american soldiers being able to prison numbers return an 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].’ Morrissey [v. Brewer, 408 U.S. 471,] 483, 92 S.Ct. [2593], 2601[, 33 L.Ed.2d 484 (1972)].

We weigh this overwhelming State interest in admitting all reliable evidence against the deterrent purpose of the exclusionary rule.” Commonwealth v. African Soldiers The Civil? Olsen, supra at 493-494, 541 N.E.2d 1003. Thus, we conclude that the what a man, exclusionary rule does not render the defendant’s statement inadmissible, even were we to african american soldiers during war determine that the statement had been given involuntarily, when, as here, there is no evidence that the statement was the product of police harassment or the result of a police focus to obtain evidence specifically for work theoretical a probation revocation hearing. (c) Reliability of the admission. Simon finally argues that the statement, that he operated the vehicle from his home to Crosby’s home that morning, is american soldiers the civil insufficiently reliable, first because it is tim berners-lee inventions unsubstantiated by other corroborating evidence, and, second, because it is hearsay, reported by one officer, and contradicted by other evidence in the hearing. Although a probation revocation hearing is not a criminal trial, and the defendant need not be given the “full panoply of constitutional protections,” due process requires that probationers be afforded some protections upon an attempt to revoke their probation, as liberty interests are at stake. Commonwealth v. Durling, 407 Mass. at 112, 551 N.E.2d 1193. African War? The rules, however, are flexible; hearsay is prison numbers admissible, and all reliable evidence should be considered.

See id. at american during, 113-117, 551 N.E.2d 1193. Frameworks? Even the right of confrontation may be denied if the “hearing officer specifically finds good cause for not allowing confrontation.” Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973). See Durling, supra at 115, 551 N.E.2d 1193. At a revocation hearing, due process has the ultimate goal of african american the civil, providing an accurate determination as to northern securities whether revocation is african american during the civil war proper. See Durling, supra at 116, 551 N.E.2d 1193. Here, there was ample evidence to corroborate the defendant’s statement. It is northern decision undisputed that the two went to the football game in the defendant’s car.

The defendant lived a distance from Crosby’s home, and the two were returning there when they were stopped by the police. American During The Civil? No other explanation was offered of how the a man, defendant and his vehicle got from his home to Crosby’s.11 The cases cited by the defendant in his brief, Commonwealth v. American During War? Forde, 392 Mass. 453, 457, 466 N.E.2d 510 (1984), and a man Commonwealth v. Leonard, 401 Mass. 470, 473, 517 N.E.2d 157 (1988), are inapposite; in african american during the civil neither case was there anything at all to tim berners-lee inventions corroborate the american during the civil war, admission. As there was corroboration in this instance, we need not reach the issue whether corroboration is in fact necessary for an admission in the context of a hearing on surrender. As to the claim that the hearsay was unreliable, we note only that Read testified that he was present when the defendant admitted to driving earlier in the day, and inventions that he had made a note of it in his police report. Read was present at american soldiers during the civil, the hearing and subject to cross-examination.

The statement was an admission against interest made by the defendant to police officers at a time when the tim berners-lee, officers were investigating him for another alleged crime, operating under the influence. The defendant, though present in court, chose to remain silent. Declarations against penal interest are admissible for african american war the truth of the matters asserted. See Commonwealth v. Frameworks? Cruz, 53 Mass.App.Ct. 393, 401, 759 N.E.2d 723 (2001); Liacos, Brodin #038; Avery, Massachusetts Evidence § 8.10, at 516 (7th ed.1999). The hearsay was both credible and reliable. Order revoking probation affirmed.

1. See, e.g., Commonwealth v. Villalobos, 437 Mass. African Soldiers The Civil War? 797, 800-801, 777 N.E.2d 116 (2002) (where defendant admits to sufficient facts, judge continues case without a finding, and defendant then fails to prison numbers meet any conditions attached to the continuance, he may be found guilty and sentenced). 2. In accordance with Rule 9 of the District Court Rules for Probation Violation Proceedings (West 2001), the proceedings, which resulted in the imposition of a guilty finding and the revocation of the civil war, straight probation, were properly handled pursuant to the procedures applicable to a probation revocation. See generally Commonwealth v. Cycle? Maggio, 414 Mass. 193, 195-196, 605 N.E.2d 1247 (1993). 3. We look to the testimony given by Officer Read at the surrender hearing. Police reports filed after the arrest indicate a somewhat different answer to african soldiers during the civil war Read’s initial questions. Any variance is not material to tim berners-lee inventions our decision. 4. African Soldiers The Civil War? At the conclusion of the hearing, the judge unequivocally stated that he did not credit Crosby’s statement. In his written findings, the judge noted that he found the defines, defendant in violation based upon his operation after suspension. He also indicated that evidence on which he relied in soldiers making the social work frameworks, finding included “Mashpee police reports”; “Statement of soldiers during the civil, Kevin Crosby”; “Mashpee P.O.

John Read”; “Breath test on defines a man D.” Given the written finding that revocation was based on “Operating motor vehicle while suspended,” and the judge’s unequivocal statement that he was not relying on Crosby’s statement, we adopt the african american soldiers during the civil, view that the revocation was based on the defendant’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 on The of Scientific the alleged violations, the notice stated in full: “You are hereby notified of the following alleged violation(s) of the probation order that was issued to you in the criminal case identified above: You violated a criminal law of the african, [C]ommonwealth, namely: January 2, 2000 ct process 0089CR00009A op. under infl. # 0089CR00009B op. after susp. Theoretical? lic.” 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’s statement that the american soldiers the civil war, defendant was driving, there is ample additional circumstantial evidence to tie the defendant to the operation of the vehicle at the time of the decision, stop. Having determined that revocation was proper on the grounds cited by the judge, we need not reach the Commonwealth’s arguments in african american war 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 defines a man the notice of african american soldiers during, surrender. 8. Coronella’s report states in pertinent part: “During the booking process [the defendant] was read his Miranda rights state [sic ] that he understood them. [The defendant] was read his rights under [G.L. c.] 265 section 5a and what stated that he wanted to take the american soldiers during, breath test. [The defendant] was given the test and the results were as follows…. [The defendant] was again asked how he got to the … game. Prison Numbers? He stated that he drove from his house in Brockton to Crosby home in East Bridgewater, picked up Crosby and then Crosby drove his vehicle to the game.” Read verified during his testimony at the hearing that the soldiers during the civil war, statements were made after Miranda warnings were read at the station.

9. The United States District Court for Massachusetts explained: (1) the Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits have refused to apply the exclusionary rule to evidence seized in violation of the what a man, Fourth Amendment when determining probation, parole, or supervised release revocation; (2) most of these jurisdictions provide an african soldiers during the civil war, exception that such evidence is inadmissible where the defendant suffered harassment; (3) the Second Circuit applies the exclusionary rule where the probation officer is tim berners-lee inventions aware of the target’s probationary status, but not where a police officer is unaware of that status; and (4) the Fourth Circuit “stands alone” in excluding all evidence obtained by american during war, unconstitutional searches from probation revocation hearings. See United States v. Gravina, supra, and cases cited. See also Annot., Admissibility, in Federal Probation Revocation Proceeding, of Evidence Obtained Through Unreasonable Search and Seizure or in Absence of Miranda Warnings, 30 A.L.R. Northern Securities? Fed. 824, 829-835 (1976 #038; Supp.2002). 10. The Supreme Judicial Court, in african american soldiers the civil war Commonwealth v. Tim Berners-lee Inventions? Olsen, 405 Mass. 491, 496, 541 N.E.2d 1003 (1989), expressly left open the question whether a police officer’s knowledge of a probationer’s status would compel exclusion of evidence obtained. 11. Defense counsel makes much of the fact that on cross-examination, Read admitted that it was possible that he had been told that a family member had driven the defendant from his home to Crosby’s home. This statement came after vigorous cross-examination in which Read stated that he did not recall any statement that the defendant had made to the effect that a family member had driven to Crosby’s.

Any determination of the soldiers during the civil war, weight and credibility of Read’s testimony was for the judge, and what defines a man the contradiction was not so egregious as to cause us to conclude that the african during war, judge committed plain error. Prison Numbers? See Commonwealth v. Tate, 34 Mass.App.Ct. African? 446, 450-451, 612 N.E.2d 686 (1993). DUI OUI offense, Defendant, was stopped at a sobriety checkpoint, the social theoretical frameworks, trooper, although he had made no observations of the manner in which she had been operating her vehicle, directed her to african the civil an area adjacent to the checkpoint for administration of field sobriety tests. 76 Mass.App.Ct. 908.

Cheryl A. BAZINET. Appeals Court of Massachusetts. James M. Milligan, Jr., Norwell, for the defendant. Michelle R. King, Assistant District Attorney, for the Commonwealth. Cheryl Bazinet, the defendant, was stopped at a sobriety checkpoint on Route 20 in the town of Auburn on July 22, 2007. A State trooper working the what, checkpoint spoke with her and african soldiers during war detected an odor of Essay Revolutions, alcohol. Consequently, the african soldiers the civil war, trooper, although he had made no observations of the defines a man, manner in which she had been operating her vehicle, directed her to an area adjacent to the checkpoint for american soldiers during war administration of field sobriety tests. When Bazinet stepped out limitations cycle of the african soldiers the civil war, vehicle, the trooper observed that she had ?glossy, bloodshot eyes? accompanied by ?a strong odor of an intoxicating beverage on her breath as she spoke.? Bazinet consented to a breath test which revealed an alcohol level greater than .08%, and she was charged with operating under the influence. See G.L. c. 90, ? 24(1)( a )(1).

Before trial, Bazinet moved to work theoretical dismiss the soldiers, complaint on tim berners-lee inventions grounds that the checkpoint procedures were not consistent with constitutional requirements. Before hearing the american soldiers during the civil war, motion, a judge of the inventions, District Court reported the case for an answer to two questions of law he said arose frequently in the District Court. See Mass.R.Crim.P. 34, as amended, 442 Mass. 1501 (2004); Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979). See generally Commonwealth v. Caracciola, 409 Mass. 648, 650, 569 N.E.2d 774 (1991). The questions are these: ?1.

The Massachusetts State Police General Order (TRF-15) [which governed operation of the american the civil war, 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 social theoretical the OUI checking area (Pit). Is mere odor of american soldiers during, alcohol sufficient reasonable suspicion to further detain an Essay on The Structure of Scientific, 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’s Order (06-DFS,056),[[1] constitutionally valid?? The general subject of the reported questions was discussed by the Supreme Judicial Court in african american soldiers during war Commonwealth v. Murphy, 454 Mass. 318, 910 N.E.2d 281 (2009), a case decided after the report. In essence, the limitations life cycle, court in Murphy held that sobriety checkpoint procedures carried out in a manner consistent with Massachusetts State Police General Order TRF-15, as supplemented by written operational instructions from the troop commander to the officer in charge of a specific checkpoint, met constitution standards. Soldiers War? Id. at 328, 910 N.E.2d 281.

We think that the decision in Murphy requires an what, affirmative answer to american soldiers during the civil war both questions. Limitations Cycle? Insofar as question one is concerned, General Order TRF-15 permits, and now requires, see Murphy, supra at american during the civil, 320 n. 3, 910 N.E.2d 281, further screening after the initial checkpoint stop ?[i]f there is reasonable suspicion, based upon northern, articulable facts, that the operator … is african american soldiers war committing … an OUI violation.? In Murphy, the troop commander’s order, like the troop commander’s order in this case, stated that further screening after the initial stop ?should be made? if the screening officer observed ?any articulable sign of possible intoxication.? Murphy, supra at 321, 910 N.E.2d 281. The court said that the ?odor of alcohol? was one of the ?clues of impaired operation? for which the screening officers were to check and which, if observed, would provide a basis for further screening and investigation. Id. at 320, 328, 910 N.E.2d 281.2 The court’s judgment in that regard is consistent with judgments made by courts in other States that have considered similar questions. See State v. Rizzo, 243 Mich.App. Prison Numbers? 151, 161, 622 N.W.2d 319 (2000) (holding that ?an odor may give rise to american soldiers the civil a reasonable suspicion that the motorist has recently consumed intoxicating liquor, which may have affected the motorist’s ability to northern securities decision operate a motor vehicle?); Nickelson v. Kansas Dept. of Rev., 33 Kan.App.2d 359, 367, 102 P.3d 490 (2004) (finding that odor of alcohol was sufficient to allow officer to during conduct further investigation); State v. Hernandez-Rodriguez, Ohio App. 11th Dist. No. Inventions? 2006-P-0121, 2007-Ohio-5200, 2007 WL 2821957 (Sept.

28, 2007) (explaining that ?the ?strong odor? of american soldiers, alcohol, by itself, can trigger reasonable suspicion of driving under the influence?). Turning to question two, the opinion in Murphy did not consider the Division Commander’s Order 07-DFS-056, which is designed to cover all highway safety programs, not simply those designed to detect drivers who are impaired by alcohol. From the record, however, it appears that the checkpoint the State police conducted in this case was governed both by General Order TRF-15 and by operational instructions contained in what a letter from the troop commander to african soldiers during the officer in charge of the checkpoint, as well as by Order 07-DFS-056. Order TRF-15. and the limitations life cycle, operational instructions are, in all material respects, identical to the instructions discussed by the court in african american soldiers during the civil war Murphy.

As noted, the court ruled that checkpoints carried out in accordance with those orders were constitutional. Limitations Life? Insofar as Order 07-DFS-056 adds something new to african during the civil 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 tim berners-lee other cases has been found constitutionally wanting. See, e.g., Commonwealth v. McGeoghegan, 389 Mass. 137, 143-144, 449 N.E.2d 349 (1983); Commonwealth v. Anderson, 406 Mass. 343, 347, 547 N.E.2d 1134 (1989). In light of the foregoing, the answer to reported questions one and two is american during the civil ?yes.? 1. This appears to be a typographical error. The Division Commander’s Order included in limitations life the record appendix is numbered ?07-DFS-56.? 2. The court’s complete list of ?clues of impaired operation? was ?the condition of the eyes of the operator, the odor of alcohol, the speech of the operator, alcohol in plain sight in the civil war the vehicle, and other indicators.? Murphy, supra at 320, 910 N.E.2d 281. Later in the opinion, the court said that ?TRF-15 requires a predicate of reasonable articulable suspicion based on the observations of the initial screening officer (e.g., red eyes, slurred speech, container of alcohol in plain view),? omitting ?odor of alcohol? from that list.

Id. at life, 328, 910 N.E.2d 281. We think that nothing of the civil, consequence flows from the omission. As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of work, (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. American During The Civil War? L. c. 90, § 24(2)(a). COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. Entered: January 27, 2011. NOTICE: Decisions issued by social work, 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’s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the african soldiers the civil, views of the panel that decided the case. A summary decision pursuant to inventions rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. MEMORANDUM AND ORDER PURSUANT TO RULE 1:28.

As a consequence of a motor vehicle accident on January 26, 2008, a Superior Court jury convicted the defendant Shelley King of african american soldiers during, (1) operating a motor vehicle while under the influence of what defines a man, intoxicating liquor (OUI), G. L. American War? 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’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 OUI, fourth offense, G. L. c. 90, § 24(1)(a)(1), sixth par. On the same day, the defendant pleaded guilty to the charge of OUI after suspension or revocation of prison numbers, her driver’s license for prior conviction of OUI, G. L. c. 90, § 23. Upon the convictions for OUI fourth, the judge sentenced the defendant to four and one-half to five years’ confinement at State prison; upon the conviction for operation after suspension or revocation by american during, reason of prior OUI conviction, the judge imposed a sentence of two and one-half years’ confinement at the house of correction from and social theoretical frameworks after completion of the State prison sentence; and upon the conviction of reckless or negligent operation, the judge sentenced the defendant to two years at the house of war, correction to run concurrently with her sentence at State prison. The defendant has appealed upon of product cycle, 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 soldiers the civil, course of the trial; and (2) that the judge improperly exercised personal feelings, rather than objective criteria, in the determination of the sentences.

For the following reasons, we reject the defendant’s appellate contentions and on The Structure of Scientific Revolutions affirm the convictions and the sentences. Factual background. The evidence permitted the jury to find the following facts. On the afternoon of January 26, 2008, the defendant consumed four or five beers at her home in Lynn between 2:45 P. M. and 6:00 P. M. At about 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. Soldiers? At a major intersection in Lynn and after she had taken a drink from the Essay on The Structure, open can, she made an african soldiers, unlawful turn across three lanes, up and over of product life cycle a median island, and across two more lanes, so as to drive up to and against the front door of a restaurant (not the restaurant to which she was headed for african purchase of food). Essay Of Scientific? The impact of travel over american soldiers the civil 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 put the car in park gear; he did so and turned off the ignition. He noticed that her speech was slow and that an odor of alcohol was in her breath. A Lynn police officer responding to the scene also smelled alcohol both from her breath and from the interior of the a man, automobile. The officer also observed glassy and bloodshot eyes and african american soldiers during the civil war slurred speech. He saw the open beer can inside the automobile. Northern Decision? He formed the opinion that she had been driving under the african american soldiers, influence of alcohol. At trial, after two days of empanelment and testimony, the Lynn Item newspaper published a morning article about the case. The story carried the headline, ‘Trial begins for Lynn mom charged with 5th OUI.’ The article stated that she had incurred three ‘drunken driving’ convictions during the 1990?s and a fourth in life 2004. African The Civil? The article stated also that she ‘blew a.15 alcohol blood level when arrested’ for tim berners-lee inventions the current incident. At the beginning of the third day of during, trial, all counsel and the judge discussed the appearance of the tim berners-lee inventions, article.

When the jury entered the during war, courtroom, the northern, judge addressed the following question to them. ‘Has any member of the jury read, seen, heard or overheard anything from any source about any aspect of african during the civil, this case outside of the courtroom, since yesterday, that has affected or would affect your ability to consider this case in Essay on The Structure Revolutions any way as a fair and impartial juror? Nobody’s raising their hand.’ He added a second question. ‘Has anybody seen or heard anything about any publicity from the news media about african soldiers during this case? Please raise your hand if there is any–anything you’ve heard at all, even the tim berners-lee inventions, tiniest thing. Okay, nobody is african american soldiers during raising their hand. Okay.

All right, so we will resume with the securities decision, trial.’ Defense counsel did not object to the judge’s treatment of the issue of african during war, exposure to prejudicial publicity by these questions. Later that day, after the close of the evidence and in the course of final instructions to the jury, the judge reminded the jury at inventions, three points that they must base their verdict exclusively upon african american war, the evidence comprised of testimony and exhibits received in the courtroom. Again, defense counsel had no objections to the pertinent portions of the instruction. After the return of the tim berners-lee inventions, jury verdicts, the finding of the bench trial, and the submission of the plea of guilty to operating after suspension or revocation for prior OUI violations, the african during the civil war, judge imposed sentencing from the bench. His comments included the of product life cycle, following. ‘This is a sad case. I understand that I have a limited amount of information about what happened and about the [d]efendant, but it’s pretty obvious to soldiers during war me that, from what I have received, that the [d]efendant Ms. King is probably a very nice person and she probably–it’s not hard to see that she’s probably had a difficult life; I am sensitive to tim berners-lee these things.

But the sentence I’m going to impose is necessary, in american my view.’ The judge then specified the sentence for prison numbers each offense. At the conclusion of his announcement of the respective sentences, he made the during war, following one-sentence statement. ‘I assume it’s obvious what my feelings are about why this sentence is required.’ The remark brought no objection. On the same day, the judge docketed a Massachusetts Sentencing Commission Guidelines Sentence Form. In the inventions, appropriate space for african american during the civil war explanation of the departure from the guidelines, he wrote, ‘Upward departure because of the egregious nature of the offenses, surrounding circumstances and prior record.’ Newspaper article. On appeal and for the first time, the defendant argues that the of Scientific, judge should have conducted individual voir dire interrogation of african soldiers, each juror in order to determine whether he or she had experienced any exposure to of product life the Lynn Item newspaper article.

The article had obvious prejudicial potential by reason of its information about a breathalyzer test result and the defendant’s prior OUI convictions. Because the defendant lodged no objection to the judge’s preventive or curative efforts at the time of trial, we review this argument under the standard of substantial risk of a miscarriage of justice. We review the case as a whole and ask (1) whether an african american soldiers during the civil war, error occurred; (2) whether it caused prejudice to the defendant; (3) whether the error materially influenced the verdict; and (4) whether counsel’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’s management of the issue. The defendant relies upon 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 potentially prejudicial publicity during the course of trial.

‘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 life, 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 african american soldiers war determine the extent of the juror’s exposure to social work the material and its effects on the juror’s ability to render an american, impartial verdict’ (emphasis supplied). The thrust of the defendant’s argument here is 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. Limitations Cycle? Consequently, the judge here complied with the standard of the during the civil war, Jackson rule. In addition, we should observe that, in the absence of any affirmative answers to the collective question, a judge’s continuation into tim berners-lee inventions, individual interrogation of jurors may adversely stimulate the curiosity of african soldiers during the civil war, those jurors about potential prejudicial publicity and cause them to search for defines a man it during the course of a trial.

That danger has become all the more serious as a result of the evolution of american soldiers during, Internet technology. Life Cycle? Both doctrinally and practically the judge committed no error in these circumstances. 1. Sentencing. The defendant argues that the african the civil war, judge’s reference to ‘feelings’ about the imposed sentences reveals a violation of the standard of impartiality mandated for sentencing by limitations of product cycle, case law, particularly the case of Commonwealth v. Mills, 436 Mass. 387, 399-402 (2002). That decision emphasizes, ‘A trial judge must be ever vigilant to make certain that his personal and private beliefs do not interfere with his judicial role and transform it from that of impartial arbiter.’ Id. at 401. The defendant characterizes the reference to ‘feelings’ as a forbidden indulgence of ‘personal and private beliefs.’ The judge’s fleeting reference here falls far short of the prohibited comments discussed in american during the civil war the Mills case and in any of the decisions cited by the Mills discussion. We view the reference to ‘feelings’ in tim berners-lee inventions the setting of the judge’s entire remarks about sentencing. In that light, it reflects reasons and not emotion.

He commented that he viewed the african soldiers during the civil, case as a ‘sad’ one. Since it involved no personal injuries or casualty, his reference to its ‘sad’ character alluded to the fate of the defendant. He observed that she may well have had a hard life. He observed also that he was ‘sensitive’ to her circumstances. At the same time, he found her behavior over the decade and one-half covered by her four OUI convictions to tim berners-lee inventions constitute a serious threat to public safety. He justifiably viewed her record as ‘egregious.’ She embodied a danger to the lives of american, innocent travelers and pedestrians on and near the Essay on The Revolutions, roadways.

His sentencing scheme removed that peril for the period of years imposed for confinement. The sentencing fell within the bounds of rational discretion. By the Court (McHugh, Sikora #038; Fecteau, JJ.), Entered: January 27, 2011. 1. An additional interpretation of the defendant’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 african during the civil war, risk of Essay on The of Scientific Revolutions, juror research.

The judge’s choice created no error of law or abuse of discretion. Mass DUI OUI “Not Public Way” – Observed obviously intoxicated and urinating in african during the civil war public immediately after driving onto a pier in tim berners-lee the Charlestown section of Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of alcohol. 76 Mass.App.Ct. 830. Appeals Court of Massachusetts, Argued Feb. 3, 2010.

Decided June 1, 2010. Sharon Dehmand for the defendant. Nick Kaiser (Kris C. Foster, Assistant District Attorney, with him) for african the Commonwealth. Present: KAFKER, VUONO, #038; SIKORA, JJ. Observed obviously intoxicated and prison numbers urinating in public immediately after driving onto a pier in the Charlestown section of american soldiers during, Boston, the defendant, Gregory Belliveau, was convicted of operating a motor vehicle while under the influence of northern securities decision, alcohol. (OUI), fifth offense, in violation of african american during the civil, G.L. Tim Berners-lee Inventions? 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 african american soldiers during the civil war, counsel, and that the judge considered improper factors in sentencing the defendant. We affirm. 1. Facts.

The jury were warranted in what defines finding the following facts: Pier 4 is soldiers the civil war located in the Charlestown Navy yard. The pier is surrounded on all sides by water and accessible by automobile only by way of public streets.1 Those streets end at Terry Ring Way. As described by a police officer, ?Off of Terry Ring way, there is a short paved area that cars can go down and stop about tim berners-lee fifty yards down.? Entry to the pier is then through a swinging gate. Next to the gate was a small, somewhat washed-out sign. According to the Commonwealth witnesses, signage to the pier stated that only authorized vehicles were allowed on african the civil war the pier. The pier was paved and had streetlights. At about 5:30 p.m. on May 19, 2004, Steven Spinetto, a city of Boston employee, was arriving on the Massachusetts Bay Transportation Authority (MBTA) commuter ferry to a drop-off location adjacent to Pier 4.2 While walking from the ferry stop, he noticed a pickup truck pass him by quickly, coming within a few feet of him. This caught his attention because he understood from signage at the pier, his city employment, and his activities at the pier that unauthorized vehicles were not allowed on the pier. The vehicles he had seen on the pier were ?usually the director’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’s car was on would had to have gone across the wooden boards into the section down on the pier; there’s no motor vehicles at all, it’s a pedestrian pier,? and subsequently added that ?[t]he public can be there, sir, yes.

Pedestrians go down there, there’s ships that go off there to shuttle things, but [it's] pedestrian foot traffic-.? Spinetto approached the end of the pier where the truck had stopped, and he observed the defendant standing next to the truck with a Budweiser beer in his hand, publicly urinating. Work Theoretical Frameworks? He noticed that the defendant was ?pretty unsteady on his feet,? slurring his words, and african american during the civil blurry-eyed, and that he smelled of alcohol. Spinetto attempted to dissuade the defendant from driving, but the defendant got back into the truck and attempted to leave the scene. With the assistance of another witness, Steven Estes-Smargiassi, Spinetto prevented the defendant from leaving by opening and closing the truck’s doors and by closing the gates to the pier. Subsequently, Smargiassi called 911, and firefighters arrived and what held the african american soldiers war, defendant. Shortly thereafter, the prison numbers, national park rangers and Boston police arrived.

After examining the truck, in african american soldiers during the civil war which they found beer, and talking to the defendant, the police placed the defendant under arrest. 2. Public way. In order to limitations of product cycle sustain an OUI conviction, the Commonwealth must prove that the offense took place ?upon any way or in any place to which the public has a right of soldiers, access, or upon any way or in of Scientific Revolutions any place to african soldiers during war which members of the public have access as invitees or licensees.? G.L. c. 90, ? 24(1)( a )(1). ?Way? is further defined by statute to northern securities include ?any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.? G.L. c. War? 90, ? 1. This element has been further interpreted by northern, the Supreme Judicial Court to require that the ?public have a right of access by african american war, motor vehicle or access as invitees or licensees by motor vehicle.? See Commonwealth v. George, 406 Mass. 635, 637, 550 N.E.2d 138 (1990), citing Commonwealth v. Endicott, 17 Mass.App.Ct. 1025, 1026, 460 N.E.2d 615 (1984) (Brown J., concurring). Moreover, ?it is the objective appearance of the way that is determinative of its status, rather than the subjective intent of the property owner.? Commonwealth v. Kiss, 59 Mass.App.Ct.

247, 249-250, 794 N.E.2d 1281 (2003). See Commonwealth v. Smithson, 41 Mass.App.Ct. 545, 549, 672 N.E.2d 16 (1996). Essay On The Structure Of Scientific? In making that determination, we look to see if the ?physical circumstances of the way are such that members of the african american soldiers during war, public may reasonably conclude that it is open for travel….? Commonwealth v. Hart, 26 Mass.App.Ct. 235, 238, 525 N.E.2d 1345 (1988). 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 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. Essay? Colby, 23 Mass.App.Ct. 1008, 1010, 505 N.E.2d 218 (1987) (marked traffic lanes and hydrants indicia of public accessibility).

Indicia that the way is not accessible to the public include signage or barriers prohibiting access. See Commonwealth v. George, 406 Mass. at 639, 550 N.E.2d 138 (barriers and sign saying, ?[N]o cars beyond this point?); Commonwealth v. American Soldiers The Civil War? Stoddard, 74 Mass.App.Ct. at limitations life cycle, 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. African American Soldiers? See Commonwealth v. Hazelton, 11 Mass.App.Ct. 899, 900, 413 N.E.2d 1144 (1980). The focal point of the social, case was whether Pier 4 was a public way.

To that end, the Commonwealth introduced evidence that there is an MBTA ferry stop on african during the civil the pier, photographs showing indicia of accessibility including a paved passageway and streetlamps, a deed containing a covenant for the property ?to provide access and egress to Essay of Scientific 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 african american soldiers during, presence on cycle the pier of the soldiers during war, Courageous Sailing Center, ?a nonprofit organization that provides sailing opportunities to the youth of Boston,? which apparently was running sailing competitions on Essay Structure the day the defendant was apprehended. The defendant contends that the african american soldiers the civil, pier was not a public way because there was a closed swinging gate leading to the pier and securities decision signage indicating access only to authorized vehicles. The Commonwealth’s own testimony also supported the contention that only limited vehicular access was allowed on the pier, although vehicles were allowed on Terry Ring Way leading to the pier. In sum, the status of the american soldiers the civil war, pier as a public way is a close question. There was ample evidence that the limitations life cycle, pier was public and a way and paved and lit in a manner suitable for vehicular traffic. The issue, however, was whether public vehicular traffic had been prohibited or restricted. 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 african soldiers, a motor vehicle, to a particular way or place? (emphasis original).3 The court in George reversed the conviction because the drinking and frameworks driving occurred on the baseball field, which did not provide vehicular access to the public.4. In the instant case, the presence of a gate and signage are strong indicators that restrictions on public vehicular access were in place. However, the gate blocking vehicular access to 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 soldiers the civil war, 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 theoretical frameworks, 236-238, 525 N.E.2d 1345 (public way found despite presence of ?a sign [a little bigger than a standard no parking sign which also adorned the pole] that read: ?Private Property/Chomerics Employees and Authorized Persons Only? ?). Compare Commonwealth v. Smithson, 41 Mass.App.Ct. at 550-551, 672 N.E.2d 16 (no public way where a sign listing business hours was ?clearly visible from the road as one approache[d] the african american during the civil war, 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 social work frameworks 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 african american soldiers during the contrary. We need not, however, resolve this close question because it was obvious that the defendant was driving under the inventions, influence of alcohol not only on african during the civil war the pier, but also on the public roads leading to the pier.5 As established by tim berners-lee, 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 african during the civil the pier. The defendant was also observed driving quickly, close to social theoretical the entrance of the pier, thereby allowing a reasonable inference that he, and not his passenger, was driving the pickup to soldiers during the civil the. pier.6 Also it was reasonable to securities 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 his feet, and african american soldiers during the civil having to urinate in public. Proof of operating under the influence on a public way may ?rest entirely on circumstantial evidence.? Commonwealth v. What Defines A Man? 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 african american the civil, 1011, 505 N.E.2d 218. Here there was sufficient circumstantial evidence to Essay on The Structure Revolutions provide the necessary proof of all three elements of the african american soldiers during, offense: the public way, the driving, and the impairment. Moreover, the judge’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 open to the public and inventions is controlled and maintained by soldiers during war, some level of government is tim berners-lee what we call a public way. This includes, for african soldiers during instance, interstate and state highways, as well as municipal streets and roads.? Thus, the Essay on The of Scientific, 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 african during the civil, remaining issues.

First, trial counsel’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’s informed and strategic decision to elicit from the defendant that he had sustained a knee injury and that was why he refused to take a field sobriety test was manifestly unreasonable.7 Regardless, given the Essay Structure of Scientific, overwhelming evidence of his intoxication, it certainly did not ?deprive[ ] the african american soldiers the civil, defendant of an otherwise available, substantial ground of defence.? Commonwealth v. Saferian, 366 Mass. 89, 96, 315 N.E.2d 878 (1974). Finally, the limitations of product, defendant’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 his loss of limb after being run over by a drunk driver over thirty years prior, and making a plea for the judge to the civil war keep the what defines, defendant from injuring other people.

Although the judge briefly mentioned Spinetto’s community impact statement in her sentencing remarks, it is clear that the defendant was appropriately sentenced based on his prior record and that the judge considered mitigating circumstances as well.8 Further, the during the civil, 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 prison numbers, justice. SIKORA, J. (concurring). I concur fully in the specific rationale of the affirmance: that the evidence and the judge’s proper instructions permitted the jury to african american the civil 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 500. That analysis freed us from the need to resolve the ?close question? whether the pier constituted ?any way or … any place to which the public has a right of access, or … any way or … any place to which members of the tim berners-lee, public have access as invitees or licensees….? G.L. c. American War? 90, ? 24(1)( a )(1), as amended through St.2003, c. 28, ? 1. The ?close question? results from a line of tim berners-lee inventions, precedent restrictively construing the statutory terms ?way? and ?place.?

As usual, we have avoided possible contradiction of precedent still approved by during, the Supreme Judicial Court.1 At the of product life cycle, same time, I believe that the evidence of this case exposes a deficiency in the current statutory construction and the need for examination of the underlying case law.2. Significant facts. The language of the american during the civil, 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 public have access as invitees or licensees, operates a motor vehicle … while. under the prison numbers, influence of intoxicating liquor … shall be punished….? 3. The opinion of the court describes the location, the access roads, the gate, and signage related to the pier.

Ante at 833-835, 927 N.E.2d at 499-501. Four important and soldiers the civil independent circumstances of the use of the pier emerge as well from the evidence. A commuter ferry service conducted by the Massachusetts Bay Transportation Authority delivered passengers to on The Structure 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 friends would observe their. races from it. The pier contained benches on which pedestrian visitors could rest. The members of the public properly on the pier and endangered by african the civil war, the defendant’s driving were pedestrians. Additionally, the evidence permitted the jury to make the following findings about the securities decision, defendant’s conduct. He drove his pickup truck at a high speed onto the pier; got out and urinated onto one of the during, benches; reentered the of product life cycle, truck and backed into african soldiers the civil war, another bench; and then backed up further so as to collide with a storage shed used by the sailing club.

The truck suffered substantial damage; the defendant got out again and walked away from it. Major case law. A sensible and direct application of the securities, words of the statute to the circumstances of the pier and the actions of the defendant would appear to make him punishable. However, the interpretative overlay of the following cases has required that the ?way? or ?place? in question be one of public ?access? by ?motor vehicle.? Commonwealth v. George, 406 Mass. 635, 638, 550 N.E.2d 138 (1990). That construction forces us, somewhat anomalously, to affirm the conviction of the defendant, not on the basis of his extraordinary conduct on the pier, but rather on the basis of his inferable driving down separate roadways.

The original act punished simply operation under the influence ?on any public way or private way laid out under authority of law.? St.1906, c. Soldiers The Civil War? 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 travellers on highways,? and work theoretical frameworks therefore presumably persons in motor vehicles. See Commonwealth v. Clarke, 254 Mass. 566, 567-568, 150 N.E. Soldiers During? 829 (1926) (movement of car for limitations cycle 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 the civil, highways?); Commonwealth v. Social Work Theoretical Frameworks? Clancy, 261 Mass. 345, 348, 158 N.E. 758 (1927) (the statute ?was intended to regulate the use of motor vehicles upon ways?). In 1928, the african american soldiers during the civil war, Legislature rewrote the entire provision.

Its opening main clause now declared, ?Whoever upon any way, or in any place to which the public has a right of access, operates a motor vehicle … while under the influence of intoxicating liquor … shall be punished …? (emphasis supplied). G.L. c. 90, ? 24, as appearing in St.1928, c. 281. Thus the inventions, notion of american soldiers during the civil, statutory protection for highway travelers or motorists took hold in the version of the act predating any reference to operation in a ?place.? Subsequent decisions seem never to have caught up with the 1928 addition of the concept of a ?place? as the Essay Structure Revolutions, site of operating under the influence. Despite the american soldiers the civil, added term, the court in Commonwealth v. Paccia, 338 Mass.

4, 6, 153 N.E.2d 664 (1958), concluded that operation under the influence on a private way connecting two public ways was not operation upon the requisite ?place to which the public ha[d] a right of access? because no general public easement existed over it, even though the owner of the what defines, private way had permitted use of it by members of the public as business invitees or business licensees to a nearby restaurant and a market building. African American Soldiers The Civil War? The court reasoned that the canon of strict construction of penal statutes required an explicit legislative statement expanding the place of public access to private sites receiving members of the public as business invitees or licensees. Ibid. Three years later the Legislature responded with the additional words ?as invitees or licensees.? St.1961, c. Prison Numbers? 347. Soldiers During The Civil? In one subsequent case, Commonwealth v. Northern Securities Decision? 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’s operation of african american soldiers during war, his pickup truck on a privately owned parcel of land onto Structure Revolutions which persons would drive various recreational vehicles such as ?go carts? without the owner’s permission did not involve a ?place to american soldiers which the members of the public [have] access as invitees or licensees? because the owner had never consented to Essay such entry. Commonwealth v. Callahan, 405 Mass. 200, 202-205, 539 N.E.2d 533 (1989). The court acknowledged that the 1961 amendment had ?extend[ed] the reach? of the act, id. at 203, 539 N.E.2d 533, but added that the canon of strict construction of african soldiers, penal legislation against the Commonwealth applied to its terms. Defines A Man? Id. at 205, 539 N.E.2d 533. ?There is soldiers reason to believe that [the 1961 amendment references to invitees and licensees sought] to address the problem of securities, accidents in african soldiers places ?such as public parking lots or chain store parking lots.? ? Ibid. In its last assessment of this portion of the act in 1990, the court held that the center field area of a public school baseball field did not qualify as a public way or place to which the public had access by motor vehicle as of right or as invitees or licensees because both physical barriers and ?no trespassing? signs blocked entry onto the field. Commonwealth v. George, 406 Mass. at 639-640, 550 N.E.2d 138. The court noted that its prior decisions had assumed ?without discussion? that the statutory term ?access? meant access to defines a man 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 african soldiers war have addressed the applicability of the statute to places to which members of the public have access as pedestrian invitees or licensees. For the tim berners-lee inventions, 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 me unwarranted by its language and contradicted by its safety purpose. The precise language of the act is the first source of african american soldiers during the civil war, insight into what defines, its meaning and legislative intent. See, e.g., Hoffman v. Howmedica, Inc., 373 Mass.

32, 37, 364 N.E.2d 1215 (1977); Commissioner of african american soldiers during war, Correction v. Superior Court Dept. of the Trial Court, 446 Mass. 123, 124, 842 N.E.2d 926 (2006). The language extends to impaired operation ?upon any way or in Essay on The 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 american the civil the words ?right of access? and ?invitees and licensees? denotes the generality of the securities decision, intended ?place.? The Legislature did not confine the roles of african american soldiers, invitees or licensees to persons conveyed by motor vehicles.

It. chose the additional words in 1961 as a specific answer to on The the narrow interpretation and the invitation of additional language by the then recent Paccia decision, 338 Mass. at african soldiers during war, 6, 153 N.E.2d 664. Tim Berners-lee? 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 american soldiers during the civil, courts have pointed out that the act’s penal character requires strict interpretation. Tim Berners-lee Inventions? See Commonwealth v. Paccia, 338 Mass. at 6, 153 N.E.2d 664 (rejecting ?exten[sion] merely by implication?); Commonwealth v. Connolly, 394 Mass. at 174, 474 N.E.2d 1106 (?[w]e must resolve in favor of criminal defendants any reasonable doubt as to american soldiers the civil the statute’s meaning?); Commonwealth v. Callahan, 405 Mass. at 205, 539 N.E.2d 533 (?criminal statutes must be construed strictly against prison numbers the Commonwealth?).

If the act presented an identifiable ambiguity, that familiar maxim would be far more applicable. However, as the latest reference in the George case, 406 Mass. at african american soldiers during, 638, 550 N.E.2d 138, points out, the critical assumption of the law’s limitation to members of the public as motorists and not as pedestrians has proceeded ?without discussion? of any ambiguity. The rule of limitations cycle, lenity gives the defendant the benefit of a plausible ambiguity. It ?does not mean that an available and sensible interpretation is to be rejected in favor of a fanciful or perverse one.? Commonwealth v. Roucoulet, 413 Mass. 647, 652, 601 N.E.2d 470 (1992), quoting from Commonwealth v. American Soldiers The Civil? Tata, 28 Mass.App.Ct. 23, 25-26, 545 N.E.2d 1179 (1989) (Kaplan, J.). In these circumstances several other canons of interpretation deserve consideration and application in a discussion of the tim berners-lee inventions, scope of the act.

One is that each substantive word of a statute has separate meaning. See, e.g., Commonwealth v. Millican, 449 Mass. American War? 298, 300-301, 867 N.E.2d 725 (2007) (construing the felony vehicular homicide statute, G.L. c. 90, ? 24G [ a ], against prison numbers the defendant’s contention of redundant language); Commonwealth v. Shea, 46 Mass.App.Ct. 196, 197, 704 N.E.2d 518 (1999). Thus the Legislature’s addition of the word ?place? in 1928 meant something more than a ?way.? Both the statutory definition of ?way,? G.L. c. 90, ? 1, supra at note 4, and the general ordinary meaning depict an african soldiers during the civil war, artery supporting some degree of prison numbers, traffic or movement.

By contrast, a ?place? denotes a far more generic location unrestricted to the conveyance of traffic. If a statute does not define a term, we may interpret it ?in accordance with its generally accepted plain meaning.? Commonwealth v. Boucher, 438 Mass. 274, 276, 780 N.E.2d 47 (2002), and american soldiers the civil war cases cited. The 1928 addition of the term ?place? by the Legislature expanded the on The Structure, diameter of the statute beyond the focus of the early decisions on american during the civil war protection of highway travellers.

Other standards of interpretation forbid courts to add language to the terms chosen by the Legislature. Commonwealth v. McLeod, 437 Mass. 286, 294, 771 N.E.2d 142 (2002) (a court must ?not add words to on The of Scientific Revolutions a statute that the Legislature did not put there, either by 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).

Here the african soldiers, current interpretation effectively adds the phrase ?by motor vehicle? to the Legislature’s words ?any place to which the public has a right of access, … or … any place to which members of the public have access as invitees or licensees.? That narrowing addition undercuts the legislative trend to broaden the coverage of the act. Finally, courts will not adopt a construction or application producing an absurd or ineffectual result. See Insurance Rating Bd. v. Commissioner of inventions, Ins., 356 Mass. 184, 189, 248 N.E.2d 500 (1969); Commonwealth v. Millican, 449 Mass. at 303-304, 867 N.E.2d 725. The application of the impaired driver statute for the protection of members of the public as motorists but not as pedestrians produces at least an 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. African The Civil War? It excludes from the northern securities, protection of the statute members of the public least expecting, and most vulnerable to, irresponsible driving precisely because they are located off the american during, usual ways of motor traffic.

Members of the public engaged in northern decision rest or recreation in such places as parks, picnic areas, beaches, restaurant patios, or recreational piers of the american the civil war, kind presented in this case would be located in places of insufficient public access for protection against impaired drivers because they entered them on foot. That interpretation opens a substantial gap in the coverage of the act. It shifts the application of the law from the irresponsible conduct of the impaired driver to the fortuitous location and status of his endangered or injured victim. Solutions. Life Cycle? A ?place? is a location other than a ?way,? and a ?member of the soldiers during, 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 of product life, momentum of african the civil war, error. Within the executive branch and most immediately, a typical prosecution could include evidence, argument, and instruction upon the operator’s use of public roads adjoining the place in which the impaired driving injured or endangered pedestrians, as occurred here. Within the northern securities, judiciary the Supreme Judicial Court could reconsider the present construction said by the court in George to during war have evolved without discussion. Finally, and perhaps ideally, the Legislature could further amend the theoretical, statute to extend its reach unmistakably to ?any place in which the public has a right of access, or … any place to which members of the during, public have access as invitees or licensees as motorists or as pedestrians ? (emphasized words supplied). 1. Photographs of the pier, maps, and plans were introduced in work evidence, as well as detailed testimony explaining the exhibits. 2. The defendant testified that after leaving work at 4:00 p.m., he drove to Charlestown, picked up a friend, and continued to drive to the Charlestown Pier.

He then drove in african american soldiers traffic on of product life public streets leading to the Navy Yard and Pier 4. As he approached the pier, he had to soldiers during the civil ?race up and pass? one car. Social Theoretical Frameworks? He then drove up Terry Ring Way to a closed double swinging gate. As the defendant moved for a required finding of not guilty at the close of the Commonwealth’s case on the public way question, we do not consider the defendant’s testimony in determining whether that motion should have been allowed. 3. In Commonwealth v. George, ?the parties [had also] agreed and african american the jurors were instructed that the baseball field was not, as a matter of law, a public way.? Id. at what defines a man, 636, 550 N.E.2d 138.

4. The evidence in african soldiers during the civil war Commonwealth v. A Man? George, supra at 637-638, 550 N.E.2d 138, indicated that the defendant consumed alcohol on the field and african during the civil war overturned the car while trying to leave the field. In the instant case, in contrast, the evidence and the reasonable inferences that could be drawn therefrom indicated that the defendant was driving under the influence on prison numbers public roads prior to his arrival at the pier. 5. We recognize that the Commonwealth ignored this obvious alternative in arguing its case to the jury. Nonetheless, as explained below, the judge’s instructions and the proof offered adequately presented the soldiers during war, issue for the jury’s consideration. 6. Northern? The passenger left the car soon after they were confronted at the pier. 7. The Commonwealth chose not to inquire about the field sobriety test on cross-examination.

8. The judge explained that ?having weighed the statutory language, having weighed the facts of the offense, and this defendant’s prior record, having considered the mitigating information and the letters submitted by his wife, his mother, and his sister, having paid heed to the recommendations of the soldiers, prosecutor in the case and the recommendations of the defense attorney, I believe that this is an appropriate sentence taking into consideration all of those factors.? 1. From its inception the tim berners-lee, Appeals Court has renounced any authority to alter, overrule, or decline to follow governing precedents of the Supreme Judicial Court. American During The Civil? Burke v. Toothaker, 1 Mass.App.Ct. 234, 239, 295 N.E.2d 184 (1973). Commonwealth v. Healy, 26 Mass.App.Ct. 990, 991, 529 N.E.2d 1357 (1988). Commonwealth v. Dube, 59 Mass.App.Ct. Prison Numbers? 476, 485-486, 796 N.E.2d 859 (2003), and cases cited. That limitation, however, does not bar the court from useful observations in dicta about the continuing viability of precedent challenged by the facts or arguments of specific cases within its jurisdiction. See, e.g., Holmes Realty Trust v. Granite City Storage Co., 25 Mass.App.Ct. 272, 277-278 #038; n. 2, 517 N.E.2d 502 (1988), questioning the then existing rule imposing a duty to african american soldiers during the civil war pay rent upon a nonresidential tenant independently of the landlord’s breach of covenants in the lease; and northern the subsequent decision of the Supreme Judicial Court overruling that doctrine, Wesson v. Leone Enterprises, Inc., 437 Mass.

708, 709, 774 N.E.2d 611 (2002). Other observations may recommend the extension or the insertion of standards or rules to cure chronic problems revealed by multiple cases. See, e.g., Commonwealth v. DiGiambattista, 59 Mass.App.Ct. 190, 196 n. 4, 794 N.E.2d 1229 (2003), suggesting the utility of videotaping or audiotaping admissions or confessions resulting from police interrogation, and the subsequent adoption of that view by the Supreme Judicial Court, S.C., 442 Mass. 423, 440-449, 813 N.E.2d 516 (2004). 2. As discussed below, the Supreme Judicial Court, in its last treatment of the african war, issue twenty years ago, observed that the prison numbers, restrictive interpretation had evolved ?without discussion.? Commonwealth v. George, 406 Mass. During? 635, 638, 550 N.E.2d 138 (1990).

3. In parts immaterial, this sentence was also amended in 1994, see G.L. Theoretical? c. African American War? 90, ? 24(1)( a )(1), as appearing in St.1994, c. 25, ? 3, and by St.2003, c. 28, ? 1. 4. In decisions addressing the tim berners-lee, meaning of a ?way? in ? 24(1)(a ) (1), the Appeals Court has consulted the american soldiers during the civil, definition of that term by social, 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 498-99, we have examined the during the civil war, site where the suspect was driving under ?the usual indicia of Essay Structure of Scientific, accessibility to the public [such as] paving, curbing, traffic signals, street lights, and abutting houses or businesses.? Ante at american soldiers the civil war, 833, 927 N.E.2d at 499, quoting from Commonwealth v. Smithson, 41 Mass.App.Ct. On The Structure Of Scientific? 545, 549-550, 672 N.E.2d 16 (1996). Our most extensive discussion of the locus required for african american soldiers during the civil war 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. Hart, 26 Mass.App.Ct. at 237-238, 525 N.E.2d 1345. Motor Vehicle, Operating under the influence, Operation. Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant’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 what defines a man are superseded by american soldiers the civil, 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.

Practice, Criminal, Required finding, Instructions to jury, Argument by prosecutor, Defendant’s decision not to testify, Assistance of counsel, Jury and tim berners-lee jurors, Prior conviction, Speedy trial. INDICTMENT found and returned in the Superior Court Department on January 26, 2005. The case was tried before Howard J. Whitehead, J. James P. McKenna for the defendant. Ronald DeRosa, Assistant District Attorney, for the Commonwealth. Present: McHugh, Katzmann, #038; Vuono, JJ. The defendant Robert McGillivary appeals from a conviction by american during, a Superior Court jury of operating a motor vehicle under the influence of intoxicating liquor (OUI), fourth offense, in violation of G.L. c. 90, § 24(1)(a)(1). Decision? 1 His principal issue focuses on the meaning of “operation” under that statute. We affirm. 1. African American During? Operation of the motor vehicle.

A. Operation as matter of law. At trial, the Commonwealth pursued only one theory: that the defendant, who was under the influence of decision, intoxicating liquor and was found slumped over the wheel, operated a motor vehicle by putting the african during the civil, keys in the ignition and social theoretical frameworks turning the electricity on, but not turning the engine on. Soldiers During? There was no evidence from which the jury could infer that the tim berners-lee inventions, defendant drove his car drunk before getting behind the during war, wheel. Contrast Commonwealth v. Colby, 23 Mass.App.Ct. 1008, 1011 (1987). The defendant argues that the evidence of operation was insufficient as matter of what defines, 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 african american soldiers war the ignition and turns the electricity on prison numbers without starting the engine may be found to be “operating” the vehicle for purposes of G.L. African American Soldiers? c. 90, § 24, is inventions one of first impression in Massachusetts. 3. To define “operation” we must look to the touchstone case of Commonwealth v. Uski, 263 Mass. 22, 24 (1928), which held that “[a] person operates a motor vehicle within the meaning of G.L. c. During The Civil? 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.” 4 See also Commonwealth v. Merry, 453 Mass.

653, 661 (2009) (reaffirming Uski definition of operation). Under the Uski definition, turning the key in the ignition to the “on” setting could be found to securities decision be part of a sequence that would set the vehicle’s engine in motion and that would, thus, constitute operation. 5. Our conclusion is informed by american soldiers during, the public policy underlying the Massachusetts OUI statute. Of Product Life Cycle? The purpose of G.L. c. 90, § 24, is to “protect[] the american soldiers during the civil war, public from prison numbers intoxicated drivers,” Commonwealth v. Ginnetti, 400 Mass.

181, 184 (1987), by “deter[ring] individuals who have been drinking intoxicating liquor from getting into african american soldiers during war, their vehicles, except as passengers.” Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 300-321 (1994), quoting from defines State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977). Cf. State v. Haight, 279 Conn. 546, 554-555 (2006), quoting from african soldiers during State v. Gill, 70 Ohio St.3d 150, 153-154 (1994) (“[a] clear purpose of the Essay of Scientific, [Ohio OUI statute] is to discourage persons from putting themselves in the position in american soldiers during the civil which they can potentially cause the inventions, movement of a motor vehicle while intoxicated…”). Even an intoxicated person who is sleeping behind the wheel is dangerous because “that person may awaken and decide to drive while still under the influence.” State v. Kelton, 168 Vt. 629, 630 (1998). 6. In sum, applying the Uski definition to the civil war the facts before us, we conclude that, as matter of law, the evidence that the defendant, who was found in the passenger’s seat, turned the ignition key–an act which the jury could have found to be the first step in a sequence to set in motion the motive power of the vehicle–was sufficient to permit the jury to conclude that he “operated” the what, motor vehicle. See also State v. American War? 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 inventions part of a sequence that will “set in american during motion the motive power of the vehicle”) (citation omitted).

7, 8. We are unpersuaded by the defendant’s interpretation of Commonwealth v. Limitations Of Product? Ginnetti, 400 Mass. at 184, as requiring that an african american soldiers during the civil, engine be engaged and as meaning that turning the key to the “on” position could not constitute operation. Northern? Specifically, the defendant argues that turning the key in american soldiers during the civil war the ignition to a position that does not start the car would only draw power from the battery and thus neither starts the what, engine nor makes use of the power provided by american during war, its engine. Even if we assume, arguendo, that the northern securities, defendant is correct and that turning the key to soldiers during war the “on” 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, “merely because it is immovable due to road or other conditions not involving the inventions, vehicle itself.” Id. at 184. Applying the Uski definition to the facts before it, the court concluded that “the defendant… operate[d] a motor vehicle by starting its engine or by american soldiers during, making use of the power provided by its engine.” Id. at 183-184. In so holding, the court did not state that operation was conditioned on an engine being engaged, or that Uski so ruled. Finally, we reject the defendant’s argument that the jury instructions were inappropriate. The judge’s instructions to the jury, 10 to what which defense counsel did not object at trial, did not create a substantial risk of american soldiers during war, miscarriage of justice. Contrary to the defendant’s claim, the instructions did not leave jurors with the impression that evidence that the defendant was sleeping in the driver’s seat with a key turned in the ignition compelled a finding of operation. Contrast Commonwealth v. Decision? Plowman, 28 Mass.App.Ct.

230, 234 (1990). 11. B. Sufficiency of the evidence. The defendant, who does not challenge being under the influence of intoxicating liquor 12 or the fact that the vehicle was on a public way, 13 argues on appeal that the Commonwealth failed to present sufficient evidence that he “operate[d] a motor vehicle.” See G.L. c. 90, § 24(1)(a)(1). More specifically, he contends that as a factual matter, the Commonwealth failed to prove that he put the key in the ignition of the african during, car and turned the key. Tim Berners-lee? We consider “whether the evidence, in its light most favorable to the Commonwealth, notwithstanding the contrary evidence presented by the defendant, is sufficient… to permit the jury to infer the african the civil war, existence of the work theoretical frameworks, essential elements of the crime charged…” 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’s seat “slumped over the wheel of the van holding a roast beef sandwich in during his hands, with sauce dripping down his hand.” The defendant’s feet were “right in front of him.” The vehicle’s dashboard was illuminated. The key was in the ignition and had been turned to the “on” position so that the “energy to the vehicle was on,” but the engine itself was off and “[t]he vehicle was not running.” The police officer had to social “physically turn the ignition back” in african american soldiers 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’s seat of the vehicle, put a key in the ignition and decision turned it to the “on” position. See Commonwealth v. Cabral, 77 Mass.App.Ct. 909, 909 (2010) (“Circumstantial evidence may be exclusive evidence of operation of a motor vehicle, a required element of OUI”), citing Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006), and Commonwealth v. Rand, 363 Mass. 554, 562 (1973). The defendant points to two pieces of evidence that he argues conflict with a finding that he operated a motor vehicle. First, the defendant cites testimony by the defendant and the arresting officer that the defendant, upon being awakened by the police officer, told the officer that the officer did not have the vehicle’s keys. The defendant testified that, after he moved to the driver’s seat and began eating his food, he did not remember what happened until the african soldiers, police officer woke him up. The jury, however, could have found that the defendant simply did not remember placing the key in the ignition, or they may have determined that he was not being truthful in denying putting the key in prison numbers the ignition. Moreover, the existence of african american soldiers the civil war, contradictory evidence does not require a finding of limitations cycle, not guilty. See Commonwealth v. American The Civil War? Pike, 430 Mass.

317, 323-324 (1999). Second, the limitations of product life cycle, defendant points to american during the civil war the testimony of his friend that the on The Structure of Scientific, friend left the defendant passed out in the passenger seat and threw the keys on american soldiers war the passenger side floor when he left the work theoretical frameworks, vehicle. 14 Even if the african american during the civil, jury credited this testimony, it does not require a finding of not guilty because the Essay of Scientific, jury could reasonably have inferred that the defendant, who admitted moving from the soldiers during war, passenger seat into the driver’s seat, picked up the key and put it in the ignition when he moved to the driver’s seat. 2. Other issues. A. Though he did not object below, the defendant argues that the prosecutor misstated the evidence during his closing argument, creating a substantial risk of a miscarriage of justice requiring reversal.

We disagree. The prosecutor’s argument disputing the defendant’s characterization that he was victim of a conspiracy by the police officers was an appropriate response to defense counsel’s argument that implied such a conspiracy. See Commonwealth v. Duguay, 430 Mass. 397, 404 (1999). We also conclude that the prosecutor’s statement that the defense witness’s testimony corroborated the officers’ testimony was a fair representation of the evidence. B. The defendant argues that his right to testify was “improperly muzzled” at prison numbers, trial because he was not permitted to testify that he intended to sleep overnight in the van so that he could go to court in Gloucester the during, next day.

The defendant, however, was permitted to limitations of product life cycle elicit testimony from the defendant’s friend that the defendant said he had to work early in the morning and planned to sleep in the van overnight. Furthermore, the record supports the conclusion that the defendant accepted his attorney’s strategic advice not to 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 defendant was provided an opportunity to explain his reasons for wanting to american during remove his attorney. The judge did not abuse his discretion in denying the defendant’s motion where (1) this trial counsel was the defendant’s third attorney; (2) the case was two years old; (3) although the defendant was upset with his attorney for arguing a motion for a new trial on his behalf, but without the defendant’s presence, the limitations of product, defendant’s presence would not have affected the african soldiers, outcome of that motion for a new trial; and (4) the defendant merely complained of defines a man, something that any lawyer who represented him “who had any competence at all would do.” See Commonwealth v. Tuitt, 393 Mass. 801, 804 (1985). D. African American During? 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 tim berners-lee, judge dispelled any concerns about the juror’s bias through follow-up questioning, in which the soldiers during, jurors said they would consider all the evidence to determine whether a police officer was telling the northern securities, truth in the event that the officer’s testimony was challenged.

A trial judge is afforded “a large degree of african american soldiers during war, discretion” 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). “Where, as here, a judge has explored the grounds for any possible claim that a juror cannot be impartial, and northern decision has determined that a juror stands indifferent, [the court] will not conclude that the judge abused his discretion by empanelling the juror unless juror prejudice is manifest.” Commonwealth v. Seabrooks, supra at 443. Soldiers During? No such prejudice was manifest here. E. The defendant challenges the sufficiency of the evidence of prior convictions presented at what defines, the subsequent offense portion of his trial. Reviewing the issue under the familiar standard of Commonwealth v. Latimore, 378 Mass. at 676-678, we conclude that the defendant’s contention is without merit. First, there was ample evidence that the defendant was the person who had been convicted of similar offenses once in african american soldiers war 1986 and twice in 1988.

See Commonwealth v. Bowden, 447 Mass. 593, 602 (2006) (“[registry of limitations cycle, motor vehicles] records, which contained more particularized identifying information…, also reflected the offenses and the fact that they were the defendant’s”). See also Commonwealth v. Maldonado, 55 Mass.App.Ct. 450, 458-460 (2002), S. C., 439 Mass. 460 (2003); Commonwealth v. Olivo, 58 Mass.App.Ct.

368, 372 (2003). Second, otherwise admissible certified records of convictions or docket sheets are nontestimonial and admissible under the confrontation clause. Commonwealth v. Weeks, 77 Mass.App.Ct. 1, 5 (2010). Finally, the judge’s instructions to the jury with regard to 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 Commonwealth still had the burden to prove that the defendant was the person who had committed these previous offenses.

F. There is no merit to the defendant’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), “a criminal defendant who is not brought to trial within one year of the return day in the court in which the case is american during awaiting trial is presumptively entitled to dismissal of the Essay on The Structure, charges unless the Commonwealth justifies the delay.” Commonwealth v. Montgomery, 76 Mass.App.Ct. 500, 502 (2010). The return day here was March 8, 2005. The defendant’s trial began on January 23, 2007, 686 days later. “The delay may be excused by a showing that it falls within one of the ‘[e]xcluded [p]eriods’ provided in rule 36(b)(2), or by a showing that the defendant acquiesced in, was responsible for, or benefited from the delay.” Commonwealth v. American Soldiers During? Spaulding, 411 Mass.

503, 504 (1992). Of the 686 days between those two dates, the docket sheet and documents filed in support or opposition to defines a man the defendant’s motion to dismiss show that many days are excluded from the calculation. Due to american soldiers during jointly agreed upon continuances by the parties, at least 117 days are excluded. 15 See Barry v. Defines A Man? 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. African American War? 16 See Mass.R.Crim.P. Decision? 36(b)(2)(A)(iii), 378 Mass. 910 (1979). Finally, the defendant’s motion to dismiss, which was filed on December 13, 2006, and decided on January 10, 2007, also tolled the running of the rule 36 time for twenty-nine days.

See Commonwealth v. Spaulding, 411 Mass. at 505 n. American Soldiers The Civil? 4. Life? In total there were at least 17 331 days that were excluded from the 686 days between arraignment and trial, meaning that fewer than 365 days remain to american soldiers war count against the Commonwealth. Prison Numbers? Therefore, the defendant was tried within the time constraints of rule 36(b), and the order denying the motion to dismiss is affirmed. 18. 1. General Laws c. 90, § 24(1)(a)(1), as amended through St.2003, c. 28, §§ 1, 2, provides in relevant part: “Whoever, upon 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 american during war, influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished…. “If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program… because of a like offense three times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of of product life cycle, not less than [$1,500] nor more than [$25,000] and by imprisonment in the state prison for not less than two and one-half years nor more than five years….” 2. Quite correctly, the defendant does not dispute that operation can occur even when the vehicle is “standing still.” Commonwealth v. Sudderth, 37 Mass.App.Ct. 317, 320 (1994), quoting from american during the civil war Commonwealth v. Clarke, 254 Mass.

566, 568 (1926). 3. Prison Numbers? If the african american soldiers during, evidence shows that a defendant was seated in the driver’s seat with the engine running or while it was still warm, it is well established that a jury may draw the reasonable inference that he operated his vehicle within the meaning of the statute. Defines? See Commonwealth v. American Soldiers The Civil? Eckert, 431 Mass. Prison Numbers? 591, 599-600 (2000) (testimony of police officer, if credited, that he heard engine running would provide sufficient evidence of operation); Commonwealth v. Sudderth, supra (sufficient evidence of operation where police found defendant “seated in the driver’s seat with the engine running and a key in the ignition”); Commonwealth v. Petersen, 67 Mass.App.Ct. 49, 52 (2006) (proof of operation where engine still warm). Cf. Commonwealth v. Soldiers The Civil War? Plowman, 28 Mass.App.Ct. 230, 233-234 (1990) (intoxicated driver discovered behind wheel of car with engine running and defines keys in ignition does not necessarily mandate a finding of operation). 4. In Commonwealth v. African Soldiers The Civil War? Uski, 263 Mass. at 23-24, there was conflicting testimony about whether the defendant turned on the motor or simply placed the key in the ignition. 5. See also Commonwealth v. Sudderth, 37 Mass.App.Ct. at 320 (“The defendant’s intention after occupying the prison numbers, driver’s seat is not an element of the statutory crime”). 6. African The Civil? See also State v. Ghylin, 250 N.W.2d 252, 255 (N.D.1977), quoting from Structure of Scientific Hughes v. State, 535 P.2d 1023, 1024 (Okla.Crim.App.1975) (“We believe that an intoxicated person seated behind the steering wheel of a motor vehicle is a threat to soldiers war the safety and welfare of the public.

The danger is less than where an intoxicated person is actually driving a vehicle, but it does exist. The defendant when arrested may have been exercising no conscious violation with regard to the vehicle, still there is a legitimate inference to be drawn that he placed himself behind the a man, wheel of the vehicle and could have at any time started the automobile and driven away”). 7. Cf. Stevenson v. Soldiers? Falls Church, 243 Va. 434, 438 (1992) (applying a definition of operation similar to the Uski definition in holding that the defendant did not operate the tim berners-lee inventions, vehicle “[b]ecause the american soldiers during, presence of the key in the ignition switch in the off position did not engage the mechanical or electrical equipment” of the vehicle); Propst v. Commonwealth, 24 Va.App. 791, 794 (1997) (holding that the Stevenson v. Prison Numbers? Falls Church case stands for soldiers during the civil 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 be operation under G.L. c. 90, § 24: inserting a key in the ignition without turning it and without engaging the motor or the vehicle’s power; using an electronic remote starting device to start the tim berners-lee, engine of the car without inserting a key in the ignition, where putting a key in the ignition would be required to actually drive the car; or putting the key in the ignition to engage either the electricity or the motor before going to sleep in a seat other than the driver’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 engine, we reach no conclusion on that mechanical issue. 10. The relevant portion of the jury instructions is the following: “The first element which the Commonwealth must prove is that the african the civil, defendant operates a motor vehicle.

The expression ‘operation of a motor vehicle’ covers not only all the well known and prison numbers easily recognize[d] things that drivers do, as they travel on a street or highway, but also any act which would tend to african american during war 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 tim berners-lee inventions, use of any electrical agency which alone or in sequence will set in motion the mode of power of the soldiers during, vehicle is work theoretical sufficient in law to constitute operation. A person operates a motor vehicle, within the during the civil war, meaning of the what, law, when, in soldiers during war the vehicle, he intentionally does any act or makes use of any mechanical or electrical agency, which alone or in sequence, meaning taken together with other acts, will set in motion the motive power of the vehicle. The Commonwealth need not prove the defendant’s intention after occupying the driver’s seat.” 11. We also reject the defendant’s argument that “a stopped engine instruction” 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. Prison Numbers? c. 90, § 24, includes “at least ordinary stops upon the highway, and such stops are to be regarded as fairly incidental to its operation”). Such an instruction was inappropriate here where the Commonwealth’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 vehicle. 12. African American Soldiers The Civil War? The defendant admitted at trial that he had consumed at work theoretical frameworks, least ten White Russian drinks that evening and was “highly intoxicated.” Furthermore, the arresting officer reported that the defendant smelled very strongly of alcohol, had slurred speech, was unsteady on his feet, and african soldiers during the civil war had glassy, bloodshot eyes.

13. Theoretical Frameworks? 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 not introducing sufficient evidence that the defendant’s friend was not the person operating the vehicle. See Commonwealth v. Boothby, 64 Mass.App.Ct. 582, 582-583 (2005) (police arrived at scene after accident and multiple people claimed that they were driving the african american the civil, car at what a man, the time of the accident). Boothby, however, is african american during distinguishable from the securities, current case because, here, the police only found one possible operator at the scene and the present case does not involve a confession by the defendant. 15. American During? This figure includes (1) ninety-one days between March 30, 2005 (the first scheduled pretrial hearing date), and of product life June 29, 2005 (the actual date of the pretrial hearing); and (2) twenty-six days between August 19, 2005 (the first scheduled date for american soldiers the civil war the final pretrial hearing), and September 14, 2005 (the actual date of the final pretrial hearing). 16. Cycle? The defendant’s trial on african soldiers during war 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 securities decision a mutually agreed upon african soldiers, continuance, a change in counsel between the bifurcated portions of the trial, and another delay between the second portion of the defines a man, trial and african the civil war sentencing, the prison numbers, defendant was sentenced on March 24, 2006. African American Soldiers During The Civil War? Adding fourteen days to the sentencing date brings the date to April 7, 2006. Thus, the prison numbers, total excludable period for the unrelated charge is 185 days from October 5, 2006, to April 7, 2006. 17. Having identified a sufficient number of excluded days to confirm compliance with the requirement for a speedy trial, we do not compile a complete list of african american soldiers during the civil, all excluded days. 18. The defendant also appeals from the denial of his pro social theoretical frameworks, se motion to dismiss under G.L. c. African American Soldiers During? 276, § 35.

Assuming, arguendo, that the judge denied the motion–there is Essay Structure of Scientific no record of such ruling–and that this issue is properly before this court, we affirm. General Laws c. 276, § 35, applies only to african during the civil mid-trial continuances and the delay complained of by Structure, the defendant is during prior to the commencement of trial and, thus, does not fall within the statute. A District Court jury found the social work theoretical frameworks, defendant guilty of motor vehicle homicide by operation under the influence of intoxicating liquor and negligent operation (in violation of G.L. War? c. 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. Limitations Of Product? c. 90, § 24[2][a]). 75 Mass. App. Ct.

643. Appeals Court of Massachusetts, Bristol. Argued March 6, 2009. Decided November 2, 2009. Paul C. Brennan, Dalton, for american soldiers during the defendant.

David J. Gold, Assistant District Attorney (Garrett R. Fregault, Assistant District Attorney, with him) for the Commonwealth. Present: GRAHAM, DREBEN, #038; SIKORA, JJ. [75 Mass. App. Ct. 644] A District Court jury found the social frameworks, defendant guilty of motor vehicle homicide by operation under the african american soldiers, influence of securities, intoxicating liquor and african during negligent operation (in violation of G.L. c. Prison Numbers? 90, § 24G[a]), and by negligent operation of a motor vehicle (in violation of G.L. African American Soldiers During War? c. 90, § 24[2][a]). The defendant, who is African-American, appeals upon claims that (1) the securities, trial judge improperly allowed the Commonwealth’s peremptory challenge of the only African-American in the venire; (2) the trial judge improperly admitted evidence of the defendant’s blood alcohol content and erroneously instructed the jury on that evidence; and (3) calculated improprieties by the prosecutor and during the civil 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’s blood alcohol content without the requisite expert testimony and gave an erroneous jury instruction in what relation to that evidence. Procedural background. On February 3, 2004, the New Bedford District Court issued a complaint charging the defendant with negligent operation of a motor vehicle in violation of G.L. c. American Soldiers During The Civil? 90, § 24(2)(a). Securities? On June 1, 2004, the same court issued an additional complaint charging the defendant with motor vehicle homicide by operation under the influence and negligent operation (in violation of G.L. c. 90, § 24G[a]).1 On July 25, 2005, a District. Court judge allowed the Commonwealth’s motion to soldiers during war amend the June 1 complaint to add an alternate theory of intoxication, a 0.08 percent “per se” violation of the Essay on The Structure of Scientific Revolutions, 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 american soldiers during, two years in the house of correction on the negligent operation charge. In December of 2006, the defendant filed a motion for relief from an Essay on The Structure of Scientific, unlawful sentence. He claimed that the negligent operation conviction was duplicative of the african soldiers during, motor vehicle homicide conviction. In January of 2007, the trial judge allowed the motion. The allowance of that motion is not at issue in this appeal.3.

Background. The evidence at trial included the following. On November 27, 2003, at approximately 8:30 P.M., the tim berners-lee inventions, defendant’s jeep and the victim’s vehicle collided at an intersection in New Bedford. American During? Four people witnessed the collision, and each of them testified at trial. According to the witnesses, the defendant’s jeep went through a stop sign at a high rate of speed and struck the victim’s vehicle. A New Bedford police officer arriving at the scene after the accident saw the defendant pacing back and forth in an agitated manner. The officer spoke to the defendant and did not detect the odor of alcoholic beverages. Limitations Life Cycle? The officer did not observe any other signs of intoxication, such as a lack of balance.

The victim died at the scene from multiple traumatic injuries. Paramedics took the defendant to the nearest hospital for treatment. Shortly after the collision, a New Bedford Police Department accident reconstruction expert investigated the cause of the crash. She analyzed the damage to the vehicles and made numerous measurements of the crash scene. Based on american her investigation, the expert concluded that the defendant’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 defendant arrived at the hospital, two New Bedford police officers interviewed him. According to the officers, the defendant was “angry [and] agitated” and his breath smelled of alcoholic beverages. Work Theoretical? He told the officers that he had consumed “a forty of OE,” a forty-ounce bottle of Olde English brand beer. Both officers testified that the defendant’s demeanor changed when one of the officers notified him of the victim’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 african american soldiers during war analyzed it. The doctor who had treated the tim berners-lee, defendant testified that his blood serum sample had an alcohol reading of 185 milligrams per deciliter. Soldiers During The Civil? 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 on The Structure of Scientific, first day, the judge called juror to side bar for further questions. The juror told the judge that she was diabetic. Soldiers The Civil War? The judge assured her that the disease would not be a problem.

The juror noted also that her son had faced criminal charges in New Bedford District Court. She stated, however, that she could be a fair and impartial juror. The judge seated her conditionally in prison numbers the jury box in african soldiers the civil war advance of the cycle, parties’ challenges. The next day, the Commonwealth invoked one of its peremptory challenges to exclude juror. The judge noted that juror nineteen was the only African-American in the jury pool from either day. She asked the Commonwealth to explain the challenge. In response, the prosecutor gave two reasons: (1) the juror’s speech and african american soldiers during the civil war mannerisms indicated that she was slow and might have difficulty in the deliberation of the evidence of a three- or four-day trial; and (2) the Essay of Scientific, prosecutor’s discomfort caused by the juror’s fixed stare at him during empanelment.5 The judge then determined that the prosecutor’s explanation was not race-based. [75 Mass. App. Ct. 647]

Defense counsel asked for the judge’s impression of juror nineteen. The judge stated that the juror had “somewhat of a halting speech pattern” and was “not incredibly articulate but … not inarticulate either.” The judge did not, however, “associate [the juror's speech] with slowness mentally.” The prosecutor explained that he believed that juror nineteen’s mental acuity was similar to that of during war, 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’s peremptory challenge without further reasoning at that time.6 Defense counsel objected. On the prison numbers, following day, before the jury had entered the court room, the judge commented further on the Commonwealth’s peremptory challenge of the civil war, juror nineteen. On The Structure? She stated that, after the previous day’s discussion, she had consulted decisions on peremptory challenges of. members of protected classes,7 and that she “wanted to put some more … findings on the record.” She recounted that she had requested an african american soldiers during the civil, explanation for the peremptory challenge, and she repeated the prosecutor’s explanation. She noted also that the life, applicable case law requires “a two prong analysis.

One having to do with the adequacy of the american the civil, Commonwealth’s position once having been questioned about the reason for the challenge and then the genuineness of that.” Although the prosecutor had not mentioned the criminal. [75 Mass. App. Ct. What Defines? 648] history of juror nineteen’s son when he had offered his explanation for the challenge, the judge referred to it in her findings.8 The judge concluded her findings with the statement that “I find … the Commonwealth’s explanation both adequate and genuine, which is why I allowed the challenges to stand.”

Article 12 of the Declaration of Rights of the Massachusetts Constitution and the equal protection clause of the african american the civil, 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). “[W]e begin with the presumption that a peremptory challenge is proper.” Commonwealth v. Smith, 450 Mass. 395, 406, 879 N.E.2d 87, cert. denied, ___ U.S. Prison Numbers? ___, 129 S.Ct. 202, 172 L.Ed.2d 161 (2008). However, one may rebut that presumption through proof “that (1) a pattern of conduct has developed whereby several prospective jurors who have been challenged peremptorily are members of a discrete group, and (2) there is a likelihood they are being excluded from the jury solely by reason of their group membership.” Commonwealth v. Soares, 377 Mass. 461, 490, 387 N.E.2d 499, cert. denied, 444 U.S. 881, 100 S.Ct.

170, 62 L.Ed.2d 110 (1979). Either the american soldiers during, party opposed to the challenge or the trial judge, sua sponte, may raise the issue of the propriety of the a man, challenge. See Commonwealth v. African American Soldiers War? Maldonado, 439 Mass. 460, 463, 788 N.E.2d 968 (2003). When “the judge initiates a sua sponte inquiry into the justification for the challenge, this initiation almost necessarily includes an tim berners-lee inventions, implicit finding that the prima facie case of discrimination has been made.” Id. at 463 n. 5, 788 N.E.2d 968. Once the prima facie case of discrimination has been made, the proponent of the peremptory challenge must provide an explanation which “pertain[s] to the individual qualities of the prospective juror and not to that juror’s group association.” Commonwealth v. Soares, supra at 491, 387 N.E.2d 499. If the proponent’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 “make an independent evaluation of the [proponent's] reasons and … determine specifically whether the explanation was bona fide or a pretext.” Ibid. “In other words, the judge must decide whether the explanation is both `adequate’ and `genuine.’” Commonwealth v. Maldonado, supra at 464, 788 N.E.2d 968, quoting from Commonwealth v. Garrey, 436 Mass. 422, 428, 765 N.E.2d 725 (2002). African American During? “[I]t is imperative that the record explicitly contain the judge’s separate findings as to both adequacy and genuineness and, if necessary, an explanation of those findings.” Commonwealth v. Theoretical? Maldonado, supra at 466, 788 N.E.2d 968. See Commonwealth v. Benoit, 452 Mass. 212, 221, 892 N.E.2d 314 (2008). In this case, the trial judge raised the question of the african the civil war, propriety of the peremptory challenge.

She appropriately requested an explanation from the inventions, prosecutor (the proponent of the challenge) and allowed defense counsel to respond. See Commonwealth v. African American Soldiers? Soares, supra at 491, 387 N.E.2d 499; Commonwealth v. A Man? Calderon, supra at 26, 725 N.E.2d 182. The prosecutor explained that he was challenging the juror because he believed her to be “slow” and because she had stared at american soldiers during war, him in a discomforting manner. The judge received defense counsel’s opposing response. She then stated that, although the what, juror had “a halting speech pattern,” she did not find the juror mentally slow. However, the african during war, judge concluded that the prosecutor had not misused the challenge and allowed it. Structure Of Scientific? It was not until the next day that the judge explicitly found the prosecutor’s explanation to be adequate and african soldiers during the civil genuine. The judge’s own language demonstrates that she recognized generally the prison numbers, two-part standard of adequacy and genuineness. African American Soldiers The Civil? However, her ruling falls short of the firm and timely explanation for of product cycle allowance required by the line of cases culminating in Commonwealth v. Benoit, supra.

As in Commonwealth v. Maldonado, supra, and african Commonwealth v. On The Structure Revolutions? Benoit, we cannot conclude that the african american soldiers during, judge properly allowed the challenge because the record does not show a prompt assessment of the adequacy and genuineness of the Revolutions, prosecutor’s explanation of the peremptory challenge. See Commonwealth v. Maldonado, supra at 466-467, 788 N.E.2d 968 (judge should not have accepted prosecutor’s peremptory challenge where judge. [75 Mass. App. Ct. African American During The Civil? 650] requested explanation and on The of Scientific then allowed challenge but “did not find that the prosecutor had met her burden of establishing an african the civil, adequate, race-neutral explanation that was the inventions, genuine reason for the challenge”); Commonwealth v. Benoit, supra at african during war, 222-226, 892 N.E.2d 314 (defendant’s right to trial by jury selected without discrimination not adequately protected where court could not determine whether trial judge gave meaningful consideration to adequacy and genuineness of reason for peremptory challenge). In sum, the record contains references to three possible grounds for disqualification of the juror: her staring at the prosecutor; her suspected slowness; and prison numbers the recent involvement of her son as a defendant prosecuted by the same district attorney’s office.9 The judge did not address.

the ground of american soldiers war, staring.10 She rejected the suspected slowness. She introduced, a day later, the experience of the decision, son, a potentially serious ground but one never invoked by the prosecutor in support of the suspect peremptory challenge.11 In these circumstances, we simply do not have the specific, clear findings upon adequacy and genuineness required by the cases to sustain the peremptory challenge. In particular, the judge did not find either of the prosecution’s grounds adequate, i.e., “personal to the juror and not based on the juror’s group affiliation” and “related to the particular case being tried,” however genuine or bona fide the offer may have been. African? Commonwealth v. Prison Numbers? Maldonado, 439 Mass. at 464-465, 788 N.E.2d 968. The governing standard is demanding. The precedents require reversal of the convictions.

2. Evidence of blood alcohol content. The Commonwealth. [75 Mass. App. Ct. 651] began trial with two theories of american war, operation under the influence, the per prison numbers se theory (blood alcohol content of 0.08 percent or greater) and the impaired operation theory.

At the beginning of the trial, the judge gave preliminary instructions to the jury in which she explained the american the civil, 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’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 Commonwealth requested jury instruction on both theories. The judge stated that she was inclined not to give an inventions, instruction on the per se theory, and the Commonwealth agreed with that proposal. The judge instructed the during, jury, in inventions relevant part, as follows: “The law says that if the percentage of alcohol by weight in the defendant’s blood was .08 percent or more[,] from soldiers during the civil war such evidence you may, if you wish, draw an limitations life cycle, inference that the african american soldiers during war, defendant was under the influence of intoxicating liquor at the time.” For reasons discussed below, the instruction was erroneous. Of Product? The defendant did not object to the blood test evidence, the prosecutor’s reference to it in his summation, or the african during war, judge’s erroneous instruction. In 2003, the Legislature amended both G.L. Securities? c. 90, § 24G, the motor vehicle homicide statute, and G.L. c. 90, § 24(a)(1), the operation under the influence (OUI) statute, to add the per se theory of intoxication. St.2003, c. 28, §§ 1, 21, 22. Pursuant to african american the civil the amendments, the Commonwealth may prove intoxication through evidence that the defendant had “a percentage, by weight, of alcohol in [his] blood of eight one-hundredths or greater.” G.L. Securities Decision? c. African War? 90, § 24G(a).

Prior to the amendments, the statutes allowed the prison numbers, permissible inference of intoxication when the defendant had a blood alcohol content of african american soldiers war, .08 percent or greater. Commonwealth v. Colturi, 448 Mass. 809, 811-812, 864 N.E.2d 498 (2007). The 2003 amendments eliminated. the permissible inference and replaced it with a conclusive inference.

See Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 662, 885 N.E.2d 164 n. 2, S.C., 453 Mass. 1009, 902 N.E.2d 368 (2008). In Commonwealth v. Tim Berners-lee? Colturi, supra, the during, Supreme Judicial Court held that, if the a man, Commonwealth relies solely on an impaired operation theory, breathalyzer readings are inadmissible in african the civil war the. [75 Mass. App. Ct. 652] absence of expert testimony to explain their significance. Id. at 817-818, 864 N.E.2d 498. On The Structure Revolutions? The decision states: “If … the Commonwealth were to proceed only on a theory of impaired operation [instead of both a per american soldiers during the civil se theory and an impaired operation theory] and offered a breathalyzer test result of .08 or greater, without evidence of what defines, its relationship to intoxication or impairment and without the statutorily permissible inference of intoxication eliminated by the 2003 amendments, the jury would be left to guess at its meaning.” Ibid.

As for trials where the Commonwealth relies on both theories, the decision states further: “[I]f the per se and impaired ability theories of during the civil, criminal liability are charged in defines the alternative … and so tried, we see no prejudice in african american the admission of breathalyzer test results without expert testimony establishing the significance of the decision, test level to soldiers during war 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 work frameworks guilty of african american the civil war, 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.” Id. at 817, 864 N.E.2d 498. We presume that this language applies to securities the results of blood tests in addition to the results of breathalyzer tests. African American During The Civil? After issuance of Commonwealth v. Colturi, supra, we held, in Commonwealth v. Hubert, supra, that where the Essay on The of Scientific, Commonwealth relied solely on an impaired operation theory, and the judge admitted breathalyzer results without expert testimony and over the defendant’s objection, admission of the african during war, 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 tim berners-lee, defendant’s blood alcohol content without expert testimony to explain its relationship to intoxication. American? The judge did not instruct the jury on Essay on The Structure of Scientific the per se theory. Furthermore, the judge erroneously instructed the jury on soldiers the civil war the permissible inference of intoxication eliminated by the 2003 amendments.

See. [75 Mass. App. Ct. 653] Commonwealth v. Colturi, supra at 811-812, 864 N.E.2d 498; Commonwealth v. Hubert, supra, at tim berners-lee inventions, 662 n. 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 american soldiers during the civil war, defendant did not object to the alleged errors, we review for the substantial risk of a miscarriage of justice. Under that standard, the life, question becomes whether the erroneous instruction and the blood alcohol evidence may have influenced the verdict of soldiers the civil, guilt. Commonwealth v. Alphas, 430 Mass. 8, 13, 712 N.E.2d 575 (1999). See Commonwealth v. Azar, 435 Mass.

675, 687, 760 N.E.2d 1224 (2002); Commonwealth v. Randolph, 438 Mass. 290, 297, 780 N.E.2d 58 (2002). Even without the blood test, the limitations of product life, Commonwealth’s evidence of intoxication was strong. African American Soldiers The Civil? The percipient witnesses testified that the defendant drove through a stop sign at a high speed and hit the victim’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. The accident reconstruction expert testified that the defendant’s jeep had been traveling at sixty-four miles per social theoretical hour when it entered the african, intersection. The officers who interviewed the Essay on The of Scientific, defendant at the hospital testified that he was agitated, that his breath smelled of african soldiers during war, alcoholic beverages, and that he confessed to limitations of product life consumption of forty ounces of beer earlier in soldiers during the evening.

However, the laboratory supervisor’s testimony that the defendant had a blood alcohol content between .15 and .16 percent may have been the most compelling evidence of intoxication. Without it, the Commonwealth’s evidence was “strong but not overwhelming.” Commonwealth v. Hubert, 71 Mass.App.Ct. at 663, 885 N.E.2d 164. Limitations Of Product Life Cycle? Here, as in Hubert, police testimony about the defendant’s signs of intoxication differed. Under the impaired operation theory submitted to american soldiers war the jury, the error may have materially influenced the verdict and work theoretical therefore created a substantial risk of a miscarriage of justice. See Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967)13; Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. [75 Mass. App. Ct. 654]

Conclusion.14,15 For the foregoing reasons we reverse the judgments and set aside the verdicts. Soldiers War? The case is remanded to the District Court for a new trial or other proceedings consistent with this opinion. 1. In addition to the negligent operation charge, the February 3 complaint charged the defendant with motor vehicle homicide by negligent operation in violation of G.L. c. 90, § 24G(b). After issuance of the June 1 complaint, which charged the defendant with motor vehicle homicide by defines, operation under the influence and by american soldiers, negligent operation (in violation of G.L. c. 90, § 24G[a]), the Commonwealth nol prossed the motor vehicle homicide charge from the first complaint. 2. Under G.L. c. 90, § 24G(a), the on The of Scientific, Commonwealth may use either of two theories to prove operation under the african american soldiers during the civil, influence: (1) operation “with a percent by of product, weight, of alcohol in [the] blood of eight one-hundredths or greater, or [2] while under the influence of intoxicating liquor.” G.L. c. 90, § 24G(a), as amended through St.2003, c. 28, § 21. See Commonwealth v. Colturi, 448 Mass. 809, 810, 864 N.E.2d 498 (2007); Commonwealth v. Hubert, 71 Mass.App.Ct. 661, 661-662, 885 N.E.2d 164 (2008), S.C., 453 Mass. 1009, 902 N.E.2d 368 (2009).

Prior to the amendment of the June 1 complaint, the complaint alleged only the second theory. 3. In April of 2007, after a hearing, the trial judge allowed the american soldiers during the civil war, Commonwealth’s motion to tim berners-lee file a late notice of appeal from the soldiers during the civil, grant of the defendant’s motion for Essay relief from an american during, unlawful sentence. The Commonwealth’s appeal has not entered in social frameworks 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. African American The Civil? She opined also that the theoretical frameworks, defendant’s jeep had struck a vehicle parked on the side of the road prior to the collision with the victim’s vehicle. 5. In its entirety, the prosecutor’s explanation was: “Judge, she appears slow to me at side-bar in african soldiers the civil war her speech and mannerisms and life while we were impaneling today, I locked eyes with her a few times and it appeared to me that she was staring at me, staring me down while we were at african american the civil, the side-bar; and it bothered me.

But I do find that she’s slow at side-bar speaking with her, in her speech; and I’m concerned that this is a three or four day trial, a lot of witnesses; and I’m concerned about her ability to try the evidence.” 6. The judge observed that the defendant had adequately preserved the issue for appeal. During the discussion of the challenge, the judge asked the prosecutor why he had used another peremptory challenge on juror fourteen. On the previous day, the judge had asked juror fourteen, a white male, some questions at side bar, and the juror had noted the defines a man, presence of only one African American in the venire. The prosecutor stated that he should not have to african during the civil war explain his use of a peremptory challenge on juror fourteen because the juror was not a member of cycle, a protected class. However, he supplied an explanation, and the judge allowed the challenge. 7. The parties assert that the african american soldiers during the civil, judge stated that she had read Commonwealth v. Prison Numbers? Maldonado, 439 Mass. 460, 788 N.E.2d 968 (2003).

However, the transcript reflects that the judge stated that she “look[ed] over the case law, particularly Commonwealth v. Mulder (phonetic), with respect to the possibility of a peremptory challenge being used to exclude members of a [discrete] group….” The reference (jumbled in african soldiers during the civil war transcription) most probably was the Maldonado decision. 8. The judge’s reference to what defines a man the criminal history of juror nineteen’s son was as follows: “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 american the civil war, the district attorney’s office and apparently came up…. [A]nd I don’t remember the social work theoretical frameworks, case per se but she spoke about it. It apparently just happened last fall.” The judge went on to say that she understood the Commonwealth’s concern “whether she could perform in african american the civil a truly objective manner” because her son had experienced the criminal justice process and subsequent incarceration. Prison Numbers? 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 african the civil, peremptory challenge, the judge referred to the experience of juror nineteen’s son in the New Bedford District Court. See note 8, supra. The prosecutor did not refer to the criminal history of the juror’s son as justification for his peremptory challenge. A judge may not supply her own reasons to justify a prosecutor’s peremptory challenge.

See Commonwealth v. Fryar, 414 Mass. 732, 739, 610 N.E.2d 903 (1993), S.C., 425 Mass. 237, 680 N.E.2d 901, cert. denied, 522 U.S. 1033, 118 S.Ct. 636, 139 L.Ed.2d 615 (1997). 10.

That explanation had little chance of success. “Challenges based on subjective data such as a juror’s looks or gestures, or a party’s `gut’ feeling should rarely be accepted as adequate because such explanations can easily be used as pretexts for discrimination.” Commonwealth v. Maldonado, 439 Mass. at 465, 788 N.E.2d 968. 11. This reasoning does not interfere with the authority of of product, a trial judge spontaneously to identify, establish, and rule upon a ground of disqualification independently of any challenge of either the Commonwealth or a defendant. 12. The charge conference and instructions to american soldiers during war the jury in the trial occurred in May, 2006. The Supreme Judicial Court released the Colturi decision in defines April 2007; and this court the Hubert decision in May 2008. Therefore the judge and trial counsel did not have the soldiers the civil, benefit of those interpretations of the 2003 amendments. 13. In Commonwealth v. Hubert, supra at what defines, 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. During The Civil War? As mentioned in the introduction, supra, the defendant argues also that extraneous influences on on The of Scientific Revolutions the jury and alleged calculated impropriety by african american during the civil, the prosecutor require reversal. The extraneous influences were (1) a shout by the victim’s mother at the defendant as the what a man, jurors left the courtroom on the first day of trial, and (2) the presence of a makeshift memorial to soldiers during the victim at the accident scene during the jury’s view of the site. The claim of calculated impropriety by the prosecutor arises from testimony of two police officers that they told the defendant that he had “killed” the victim. The defendant asserts that the Structure of Scientific Revolutions, prosecutor intended that the american soldiers during the civil war, officers testify in this manner, in violation of the judge’s decision on a motion in limine. No evidence supports the view that the mother’s outburst or the inventions, accident site memorial overcame the judge’s instructions for african american soldiers during the civil a verdict based strictly on the evidence. The claim related to the officers’ use of the word “killed” fails also, because the judge gave immediate curative instructions.

15. The defendant presented no issue of what a man, 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. African Soldiers The Civil War? The rule of Melendez-Diaz v. Massachusetts, ___ U.S. Social Frameworks? ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), has played no part in the appeal. Massachusetts OUI Case – Defendnat admitted to the officer that his driver’s license was suspended, and at american soldiers war, trial he testified that he knew he was suspended for Essay on The Revolutions an operating under the influence (OUI) conviction. Gerald W. GILMAN. Supreme Judicial Court of Maine. Argued: November 9, 2009.

Decided: April 13, 2010. COPYRIGHT MATERIAL OMITTED. Andrew S. Robinson, Asst. Dist. Soldiers The Civil War? Atty. (orally), Franklin County DA’s Office, Farmington, ME, for the State of tim berners-lee inventions, Maine. Walter Hanstein III, Esq. (orally), Joyce, David #038; Hanstein, P.A., Farmington, ME, for african american during war Gerald W. Tim Berners-lee Inventions? Gilman. Panel SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.

? 1 The State of Maine appeals from a judgment of the african soldiers during the civil, Superior Court (Franklin County, Murphy, J.) denying its motion to correct the sentence that the court imposed on Gerald W. Life? 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 court imposed an illegal sentence when it sentenced Gilman to less than the american during the civil, minimum mandatory two-year term of imprisonment required by the statute. The court did so after finding that the statute as applied to Gilman violated article I, section 9 of the Maine Constitution, which requires that “all penalties and punishments shall be proportioned to the offense.” Me. Const. art. I, ? 9. ? 2 Gilman cross-appeals, contending that, in addition to violating article I, section 9 of the social frameworks, 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’s appeal is accompanied by the written approval of the Attorney General as required by soldiers during the civil war, 15 M.R.S. ? 2115-A(2-B), (5) (2009) and M.R.App. What Defines A Man? P. 21(b). Because we agree with the State’s contention that the sentence imposed on Gilman was illegal, and american soldiers war find no violation of Gilman’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 on The Revolutions the Town of New Sharon, three miles from his home. He had not been drinking. Gilman, a member of the local Elks Club, was returning from the african american soldiers the civil war, club’s lodge, where he had repaired a broken walk-in cooler. What Defines? Gilman admitted to the officer that his driver’s license was suspended, and at african soldiers, trial he testified that he knew he was suspended for inventions an operating under the influence (OUI) conviction. In fact, Gilman’s license had been revoked as a result of multiple previous convictions, which included three convictions for american the civil OUI within the Essay of Scientific Revolutions, previous ten years. A certified record from the Secretary of State, admitted at trial over Gilman’s objection, showed that he had been given proper notice of the revocation.

? 5 Gilman was indicted for operating after revocation (Class C). The charge was enhanced because of his three OUI convictions within the previous ten years. 29-A M.R.S. ? 2557-A(2)(D)(2). Section 2557-A, which was enacted as part of what is popularly known as “Tina’s Law,” provides that in soldiers the civil war that circumstance “the minimum fine . . . is $1,000 and the minimum term of theoretical, imprisonment is 2 years, neither of which may be suspended by the court.” 29-A M.R.S. ? 2557-A(2)(D); P.L. African American Soldiers? 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 6 Gilman moved to dismiss the allegation of the aggravating factor of his prior OUI convictions as a violation of his equal protection guarantees. Dismissal of the inventions, allegation would have reduced the charge to a Class D crime. Soldiers During War? See 29-A M.R.S. ? 2557-A(2)(A) (2008).3 At a hearing, Gilman argued that because there was no allegation that he was under the influence when he was stopped, it was irrational to aggravate the operating after revocation (OAR) charge with prior convictions for OUI. The Superior Court (Jabar, J.) denied the motion.

? 7 At a jury-waived trial held on February 11, 2008, Gilman objected that his rights under the defines a man, Confrontation Clause would be violated by the admission of a certificate issued by african american during the civil war, 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 tim berners-lee inventions, revocation, and (3) his driving record included three OUI convictions within the previous ten years. The court (Murphy, J.) overruled the objection, denied Gilman’s motion for a judgment of african american soldiers the civil, acquittal, and took the ultimate issue of securities, 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 his equal protection argument, and asserting that the mandatory two-year sentence that would result if he were convicted would violate article I, section 9 of the Maine Constitution. The court heard argument and during war took the issues under advisement. ? 8 On September 8, the securities decision, court issued a written decision finding Gilman guilty beyond a reasonable doubt.

The decision further explained the court’s reasoning on the Confrontation Clause issue and again denied Gilman’s equal protection claim. On his claim of unconstitutionally disproportionate punishment, the court deferred a decision pending further argument by the parties. Before further argument could be heard, Gilman moved the court to reconsider its verdict, citing State v. Stade, 683 A.2d 164 (Me.1996), as authority for his argument that convicting him of a Class C offense constituted a due process violation because the State did not individually notify him that “Tina’s Law” increased the penalties if he were to be convicted of OAR after it took effect. ? 9 On October 27, the court heard argument on Gilman’s due process claim and african during the civil denied it. It then heard testimony relevant to the disproportionate punishment issue and tim berners-lee sentencing from four witnesses: another member of the Elks Club, a psychiatrist who treated Gilman through the african soldiers during war, United States Department of Veterans Affairs, Gilman’s sister, and Gilman himself. At the northern securities, conclusion of the hearing, the court took the disproportionate punishment issue and soldiers during war the sentence under advisement. ? 10 On November 17, the limitations of product life cycle, court issued written findings and conclusions: This Court concludes, after consideration of the characteristics of Mr. Gilman, as well as the manner in during the civil which this sentence would be carried out, that imposition of a two-year mandatory minimum sentence would be greatly disproportionate to the offense, and of product life also concludes that it would offend prevailing notions of decency. The Defendant has carried his burden in african during war his claim that the mandatory two-year prison term would be unconstitutionally disproportionate, as applied to Mr.

Gilman. ? 11 At a final hearing on prison numbers December 11, the court conducted the statutorily required sentencing analysis on the Class C conviction and american the civil war 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 tim berners-lee inventions, illegal sentence pursuant to M.R.Crim. P. African Soldiers War? 35(a);4 the motion was denied orally and later in a written order. This appeal and cross-appeal followed. A. Scope of Article I, Section 9. ? 12 Article I of the Maine Constitution is a declaration of rights enjoyed by Maine citizens. Section 9 sets limits on frameworks the State’s power to punish: “Sanguinary laws shall not be passed; all penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.” Me.

Const. art. I, ? 9. ? 13 The statute under which Gilman was convicted unambiguously required the Superior Court to american soldiers war impose an unsuspended prison sentence of at inventions, least two years. 29-A M.R.S. ? 2557-A(2)(D). African American During The Civil? Accordingly, the court’s lesser sentence was facially illegal unless the court was correct in its two central rulings: (1) article I, section 9 requires that punishments be proportionate to the offense after considering the circumstances of the particular offender, not simply proportionate to the offense itself, and a man (2) because of african during the civil, Gilman’s individual circumstances, the mandatory sentence was disproportionate to his offense, and therefore the statute is unconstitutional in this instance.5 Gilman’s burden is limitations of product life cycle significant, as “one challenging the constitutionality of during war, a statute bears a heavy burden of proving unconstitutionality since all acts of the on The of Scientific Revolutions, Legislature are presumed constitutional.” State v. Vanassche, 566 A.2d 1077, 1081 (Me.1989) (quotation marks omitted). African Soldiers The Civil War? We review de novo whether he met that burden through a showing of “strong and convincing reasons.” Town of of Scientific Revolutions, Frye Island v. State, 2008 ME 27, ? 13, 940 A.2d 1065, 1069.

? 14 Whether the Maine Constitution requires that punishments be proportionate to the offender, as well as the offense, has been an open question. In discussing a closely related provision of african american the civil war, 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 what defines, characteristics of the individual or because of the manner in which the sentence is carried out, there was not enough information in this case for the trial court to reach that conclusion. State v. Worthley, 2003 ME 14, ? 7, 815 A.2d 375, 377 (footnote omitted).6. ? 15 This case requires us to answer the the civil, question left open in prison numbers 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 two-year mandatory sentence prescribed by statute is proportionate to african the civil 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 limitations of product a mandatory sentence to african american soldiers war be unconstitutionally disproportionate under article I, section 9 solely because of an individual defendant’s particular circumstances, we now hold that it is not possible. ? 16 The plain language of section 9 requires that “punishments shall be proportioned to the offense.” Me. Const. art. I, ? 9 (emphasis added). It says nothing about the individual offender. This is of primary importance because we have said: In interpreting our State Constitution, we look primarily to the language used.

Because the same principles employed in the construction of statutory language hold true in the construction of a constitutional provision, we apply the decision, plain language of the american soldiers, constitutional provision if the language is northern decision 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 african american war unambiguous, and therefore we give it its plain meaning. See Joyce v. State, 2008 ME 108, ? 11, 951 A.2d 69, 72 (stating that “it is prison numbers a fundamental rule of statutory interpretation that words in a statute must be given their plain and ordinary meanings” (alteration in african soldiers war 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 defendant’s conduct.7 Only in Worthley did we refer to the characteristics of the individual offender, and then only to point out tim berners-lee that we were not required in that case to decide whether individual characteristics could ever be a factor in the proportionality analysis. Worthley, 2003 ME 14, ? 7, 815 A.2d at 377. ? 18 Furthermore, although federal authority does not control our interpretation of our State Constitution, it is instructive that in its recent Eighth Amendment jurisprudence the Supreme Court has upheld or struck down severe sentences based on consideration of a particular offense or category of offender,8 but has not. required an individualized determination that a mandatory punishment is appropriate except in death penalty cases. African During The Civil War? See Harmelin v. Michigan, 501 U.S.

957, 996, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (“We have drawn the prison numbers, line of required individualized sentencing at capital cases, and see no basis for extending it further.”). Regarding the Federal Constitution, the 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 meaning of the Eighth Amendment. United States v. Campusano, 947 F.2d 1, 3-4 (1st Cir.1991). ? 19 A plain-language construction of section 9 is further supported by our cases holding that the american during war, 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 prison numbers, Legislature may lawfully choose to remove a sentencing court’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 african american soldiers, language of section 9 requires and effectively vitiate all mandatory sentencing statutes.

? 20 A minimum mandatory sentence is the Legislature’s establishment of a basic sentence, and a legislative decision that a sentencing court may not find that mitigating factors justify a lesser maximum sentence.9 Consideration of a defendant’s individual circumstances in northern decision finding that a mandatory sentence is disproportionate as applied to that person is simply reinstatement by judicial declaration of a sentencing court’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 african american soldiers the civil war, sentencing discretion that the Legislature intended to remove, because individual mitigating circumstances could always be used as justification to Structure of Scientific impose less than the mandatory minimum sentence on the ground that the mandatory sentence is soldiers during the civil war disproportionate as applied in a particular case. What Defines? We do not read article I, section 9 to african soldiers the civil war render the Legislature’s authority to enact mandatory sentences a nullity.10. ? 21 Because we hold that the of product cycle, clause, “all penalties and punishments shall be proportioned to the offense,” means what its plain language says, and african soldiers does not require consideration of the individual circumstances of northern decision, each offender, the sentence imposed on Gilman was illegal unless it. was disproportionate to the crime he committed. B. The Two-Year Minimum Mandatory Sentence.

? 22 This Court “always has the power and african during duty to uphold the State and Federal Constitutions,” and will “protect the tim berners-lee inventions, individual from an unconstitutional invasion of his rights by the legislative . . . branch of government.” Dep’t of Corr. v. Superior Court, 622 A.2d 1131, 1134-35 (Me.1993) (quotation marks omitted). Nevertheless, we recognize the primacy of the Legislature as “the voice of the african american soldiers the civil, sovereign people” in the area of crime and punishment: The fixing of an adequate criminal penalty is properly and legitimately a matter of legislative concern. It is not the office of the judiciary to interpose constitutional limitations where none need be found. Of course a mandatory sentence of great severity may at some point lose its rational relation to a permissible legislative purpose; a disparity between the sentence and Essay on The of Scientific the evil to be avoided might then be a cruelty of constitutional dimensions. It seems to us that the interest of the legislature is paramount in the field of penology and the public safety. The legislature defines the contours of the crime itself, and sets the limits for punishment. . . . The underlying structure of the war, penal system is statutory; the coherence of the system is to be found in northern securities decision legislative direction. State v. King, 330 A.2d 124, 127-28 (Me. 1974); see State v. Benner, 553 A.2d 219, 220 (Me.1989) (“The power of punishment is vested in american soldiers war the legislative, not in the judicial department. It is the on The of Scientific Revolutions, legislature, not the court, which is to define a crime and ordain its punishment.” (quotation marks omitted)).

? 23 We have described the test for determining when a sentence is during cruel and unusual as whether it “is greatly disproportionate. . . and Essay on The Structure Revolutions whether it offends prevailing notions of decency,” Worthley, 2003 ME 14, ? 6, 815 A.2d at 376; whether it “shocks the conscience of the public, or our own respective or collective sense of fairness,” State v. Reardon, 486 A.2d 112, 121 (Me.1984); or whether it is african american “inhuman or barbarous,” State v. Heald, 307 A.2d 188, 192 (Me.1973). Because the Legislature is life cycle “the voice of the african american during the civil, sovereign people,” King, 330 A.2d at 127, and thus expresses the people’s will, only the most extreme punishment decided upon by that body as appropriate for an offense could so offend or shock the collective conscience of the people of tim berners-lee inventions, Maine as to be unconstitutionally disproportionate, or cruel and unusual.11 In short, our system of during, government assumes that the judgment of the Legislature is the work, collective judgment of the people. ? 24 Gilman was convicted of african during war, a Class C crime, punishable by a maximum of Revolutions, five years imprisonment. See 17-A M.R.S. ? 1252(2)(C) (2009). The Legislature mandated a sentence for african soldiers his conduct of what defines, two years, or forty percent of the maximum. African American During? 29-A M.R.S. ? 2557-A(2XD). It deemed that penalty necessary to prevent revoked drivers with three recent OUI convictions, who have repeatedly proved. that they are willing to prison numbers endanger others by operating a motor vehicle while impaired, from war continuing to of product life drive under any circumstances. A mandated sentence for that conduct on the lower end of the zero-to-five-years scale is not the rare, extreme, or shocking case, and does not violate the proportionality requirement of article I, section 9.

C. American The Civil? Equal Protection. ? 25 Gilman contends that, because he was not impaired when he was stopped for speeding, the Legislature had no rational basis for Revolutions increasing his sentence for operating after revocation because of african american soldiers during the civil, 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. Work Frameworks? 610 A.2d 259, 261 (Me.1992). ? 26 In Chapin, we concluded that the danger created by drunk drivers was “certainly strong enough” to justify the imposition of a minimum mandatory sentence for habitual offenders with OUI convictions who continue to drive. Id. African American Soldiers During The Civil War? 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 prison numbers 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 during war, minimum statutory penalties for of Scientific operating after revocationM had increased with the enactment of african soldiers war, 29-A M.R.S. ? 2557-A. See P.L. 2005, ch. 606, ? A-11 (effective Aug. 23, 2006). ? 28 In Stade, we held that a defendant’s due process rights may be violated when an agent of the prison numbers, State makes affirmative misrepresentations that are then relied upon to the defendant’s detriment. Soldiers The Civil? 683 A.2d at 166. Here the State did not make any affirmative misrepresentation as to the penalties Gilman would face if he chose to drive and thus knowingly violated the law.

The Legislature changed the statute, the Governor signed it into law, and Gilman is presumed to prison numbers know what the law is. See Houghton v. Hughes, 108 Me. 233, 236-37, 79 A. 909 (1911). Contrary to Gilman’s argument, due process did not require that he be individually notified of the change in order to ensure that he could conduct a thoughtful cost/benefit analysis before consciously choosing to american soldiers during the civil war break the law. Moreover, the law in effect at the time of his most recent OUI conviction provided that he could be sentenced to as long as five years in prison for the operation of any vehicle before his license was restored.

See 17-A M.R.S. ? 1252(2)(C); 29-A M.R.S. ? 2557(2)(B)(2) (2005).12. E. Inventions? Confrontation Clause. ? 29 Gilman finally contends that his Sixth Amendment right to american confront the witnesses against him was violated when the Superior Court admitted, over his objection, a certified record from the Secretary of State stating that his privilege to operate had been revoked, that he had received proper notice of the revocation, and that he had three OUI convictions within the preceding ten years. 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 theoretical frameworks, State certification did not offend the Confrontation Clause because “the certification served only to confirm the authenticity of the underlying records of the african american soldiers the civil war, Violations Bureau, which themselves contain only routine, nontestimonial information.” 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 the authority of the Supreme Court’s decision in Melendez-Diaz v. Massachusetts, ___ U.S. ___, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009). In Melendez-Diaz, the Court held that the admission of a chemist’s certificate stating that an analyzed substance was cocaine violated the Sixth Amendment, because although “documents kept in the regular course of business may ordinarily be admitted at trial despite their hearsay status. . . that is not the case if the a man, regularly conducted business activity is the production of evidence for african american soldiers war use at trial.” Id. at 2538, 174 L.Ed.2d at 328 (citation omitted). ? 31 We recently analyzed the impact of Melendez-Diaz on Tayman and concluded that Tayman remains good law. State v. Murphy, 2010 ME 28, ? 26, 991 A.2d 35, 43. Tayman controls the inventions, result here and consequently Gilman’s argument fails. Judgment of african american the civil war, conviction affirmed.

Sentence vacated; remanded to the Superior Court for resentencing. 1 The statute provided: D. A person is tim berners-lee 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 soldiers the civil war $1,000 and the minimum term of imprisonment is 2 years, neither of limitations, 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. During War? ? 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. What Defines? 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. American Soldiers? P.L. 2009, ch. 54, ? 5 (effective April 22, 2009) (codified at 29-A M.R.S. ? 2557-A(2)(A) (2009)).

4 The Rule provides: “On motion of the . . . Tim Berners-lee Inventions? attorney for the state . American Soldiers The Civil? . . 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 what an illegal manner.” M.R.Crim. American Soldiers? P. 35(a). 5 At oral argument, Gilman suggested that the minimum mandatory sentence for social work theoretical his offense must also be proportional in context, that is, it must be proportionate not only to african during the civil war his specific crime, but also to the sentences imposed by the Legislature for other crimes. We find no support for his contention that we must place crimes and northern decision 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 african soldiers the civil war cruel or unusual punishments separately, both the Supreme Court and this Court have understood them to Structure of Scientific Revolutions be related. See Kennedy v. Louisiana, 554 U.S. ___, 128 S.Ct. 2641, 171 L.Ed.2d 525, 538 (2008) (“The Eighth Amendment proscribes all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive. . . African During The Civil War? . The Eighth Amendment’s protection . . . flows from the basic precept of justice that punishment for a crime should be graduated and tim berners-lee inventions proportioned to the offense.” (quotation marks omitted)); State v. Worthley, 2003 ME 14, ? 6, 815 A.2d 375, 376 (“In analyzing whether a sentence is cruel and unusual as applied, we look to whether the sentence is greatly disproportionate to the offense and african american soldiers the civil war whether it offends prevailing notions of decency.”); State v. Tim Berners-lee Inventions? Frye, 390 A.2d 520, 521 (Me. 1978) (“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”); Tinkle, The Maine State Constitution: A Reference Guide (1992) at 43 (“The interpretation of `cruel or unusual punishment’ also is informed by the requirement of proportionality.”).

7 See Worthley, 2003 ME 14, ? 6, 815 A.2d at 376-77 (holding minimum mandatory sentence for OUI not disproportionate or cruel and unusual); State v. Vanassche, 566 A.2d 1077, 1080-81 (Me.1989) (holding forty-eight hour mandatory sentence for OUI with blood-alcohol level of 0.15% or more not disproportionate to the crime); State v. Frye, 390 A.2d 520, 521 (Me. 1978) (holding mandatory four-year sentence for robbery with a firearm not disproportionate to the offense); State v. Briggs, 388 A.2d 507, 508 (Me. African American The Civil? 1978) (holding mandatory $500 fine for on The of Scientific Revolutions 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 during the civil war armed assault not cruel and unusual); State v. Lubee, 93 Me. 418, 45 A. 520 (1899) (holding fine for short lobsters not unconstitutionally excessive and value of life cycle, lobsters in american the civil 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 “reprehensible conduct” not excessive or cruel or unusual). 8 See Kennedy, 554 U.S. ___, 128 S.Ct. Social Frameworks? 2641, 171 L.Ed.2d at 540 (holding death penalty for african soldiers non-fatal rape of a child violates Eighth Amendment); Roper v. Simmons, 543 U.S.

551, 568, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (holding death penalty for juveniles under age eighteen violates Eighth Amendment); Ewing v. California, 538 U.S. 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 “three strikes” law not grossly disproportionate and therefore not cruel and unusual); Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding death penalty for mentally retarded offenders violates Eighth Amendment); Harmelin v. Michigan, 501 U.S. 957, 961, 995-96, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (holding mandatory sentence of life without parole for possessing 672 grams of cocaine not cruel and unusual). 9 In felony cases where the of product life cycle, applicable statute does not specify a mandatory sentence, the african soldiers during war, sentencing court first determines a basic sentence considering the nature and seriousness of the crime as committed, then considers aggravating and/or mitigating factors to arrive at a maximum sentence that may be higher or lower than the basic sentence, and finally determines whether any of the maximum sentence should be suspended in of product life cycle arriving at a final sentence.

17-A M.R.S. ? 1252-C. 10 For defendants such as Gilman who assert that a mandatory sentence is too harsh as applied, the african during war, Maine Constitution gives the Governor the prison numbers, equitable power to “grant reprieves, commutations and pardons” in individual cases. Me. Const. art. V, pt. American During The Civil? 1, ? 11. 11 Discussing what would qualify as disproportionate under the Eighth Amendment, the Supreme Court used the hypothetical example of “a legislature making overtime parking a felony punishable by tim berners-lee inventions, life imprisonment.” Ewing, 538 U.S. at 21, 123 S.Ct. 1179 (plurality opinion) (quotation marks omitted). 12 Title 29-A M.R.S. ? 2557 was repealed and african american 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)). The indictment against Gilman alleged that his most recent OUI conviction occurred on prison numbers October 14, 2005. Gautier’s conviction for african american war 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. December 23, 2008. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. COPYRIGHT MATERIAL OMITTED. Oscar Cruz, Jr., Timothy G. Watkins, Federal Defender’s Office District of Massachusetts, Boston, MA, for Eddie Gautier. William D. Weinreb, United States Attorney’s Office, John A. Wortmann, Jr., United States Attorney’s Office, Boston, MA, for United States of America. GERTNER, District Judge:

TABLE OF CONTENTS. A. Whether Gautier’s 2001 Crime of Resisting Arrest under Mass. Gen. 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent. 2. Northern Securities Decision? Whether the african american the civil, Crime Defined by Prong (2) of § 32B Is a Violent. B. Whether the 1998 Juvenile Offenses Were Committed on 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 (“Gautier”) 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 Essay Structure Revolutions, 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. American The Civil War? § 922(g)(1), because of of product, his prior record. His prior convictions include two armed robberies from american 1998, when he was 16, and a resisting arrest charge from Essay Revolutions 2001, when he was 20. African American During War? (He is tim berners-lee inventions presently 27.) The Guideline sentencing range for Gautier, assuming a guilty plea, was 57-71 months. But the african soldiers during war, government wanted more punishment for Gautier. Inventions? It contended that these convictions compelled the application of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (“ACCA”).

See § 924(e) (applying the penalty to defendants with at african american soldiers during, least three previous convictions for violent felonies committed on separate occasions). Securities Decision? I disagree. In passing the ACCA, “Congress focused its efforts on career offenders— those who commit a large number of fairly serious crimes as their means of african soldiers during, livelihood, and who, because they possess weapons, present at least a potential threat of harm to persons.” Taylor v. United States, 495 U.S. 575, 587-88, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Gautier’s criminal history consists of six episodes over ten years; two occurred when he was 16 and two others were marijuana offenses.2 The. predicate offenses for the ACCA enhancement are the two serious juvenile offenses, and resisting. After two rounds of briefing and two sentencing hearings, I found that Gautier is not an armed career criminal under the terms of the statute. First, his resisting arrest conviction does not constitute a “violent felony” within the meaning of the ACCA. Second, and in the alternative, court records were ambiguous on the question of whether his 1998 offenses were “committed on occasions different from prison numbers one another” as the statute requires. As a result, Gautier lacks the requisite three predicate offenses and african american during the civil war the mandatory minimum does not apply.

Accordingly, I sentenced Gautier to 57 months’ incarceration, in effect the Guideline felon in northern possession sentence, and three years’ supervised release, with a number of special requirements. This memorandum reflects the american war, factual and legal bases for that sentence. On the night of January 6, 2006, Eddie Gautier had come to the Archdale Housing Project to visit his mother. He decided to meet four friends who were out celebrating two of their birthdays. Decision? About 10:30 p.m., two Boston police officers patrolling the Archdale Housing Project in african soldiers war an unmarked police car approached the group.

One of Gautier’s friends, Salome Cabrera, peered into the vehicle and made movements toward his waistband. Limitations Of Product Life? The officers exited the car, badges displayed, and walked to Cabrera. Cabrera then allegedly shouted “get the burner” (slang for gun), a comment Gautier claimed he did not hear, and the police responded by drawing their weapons on the group. They arrested and soldiers during the civil war searched all five, finding a .38 caliber gun loaded with three rounds of ammunition in Gautier’s jacket pocket. An examination later revealed that the gun was completely inoperable.3. Gautier was transferred to federal custody on February 8, 2006, and indicted on February 15, 2006, on one count of felon in possession of Essay Structure of Scientific, a firearm and one count of african soldiers during the civil, felon in prison numbers possession of ammunition, both pursuant to 18 U.S.C. § 922(g)(1). During War? 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 what defines his counsel, the defendant repeatedly offered to plead guilty to the charge, but was advised against african during it because of the possibility of an ACCA minimum mandatory sentence of 15 years. Counsel for Gautier sought a pre-plea Pre Sentence Report (“PSR”). When the pre-plea PSR concluded that an ACCA enhancement was required, the defendant felt obliged to go to trial. At trial, he fully admitted that he possessed a firearm and that he had a prior felony conviction.

His defense was that he had picked up the gun and held it momentarily, to keep it from a group of younger, intoxicated friends in a dangerous area of Boston. The jury rejected his claim, convicting him of both counts on prison numbers July 18, 2008. He has been incarcerated since his arrest on January 6, 2006. At the american during the civil, first sentencing hearing on October 15, I asked the government to brief whether resisting arrest qualifies as an ACCA predicate, an work frameworks, issue raised in the defendant’s objections to the presentence report. On that date, I also raised sua sponte the issue of whether the juvenile.

offenses Gautier committed in 1998 were clearly separate predicates. At the final sentencing hearing on December 15, 2008, after reviewing the parties’ submissions, I concluded that the ACCA enhancement was not warranted, principally because of the soldiers during, resisting arrest conviction but based on alternative findings concerning the two 1998 convictions, as well. Gautier’s conviction for of product cycle 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. African Soldiers The Civil War? That statute provides: In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and of product life cycle imprisoned not less than fifteen years…. 18 U.S.C. § 924(e)(1). American Soldiers War? Gautier’s sentencing memorandum and recent Supreme Court decisions raise two potential obstacles to the applicability of the sentencing enhancement: First, Gautier’s conviction for resisting arrest may not be a “violent felony” under the northern, ACCA. Second, the government may have difficulty establishing, on the basis of source material deemed appropriate by the Supreme Court, that the soldiers during, 1998 offenses were “committed on inventions occasions different from one another.” A. Whether Gautier’s 2001 Crime of Resisting Arrest under Mass. Gen. Laws Ch.

268, § 32B Is a Violent Felony. The ACCA defines “violent felony” as any crime punishable for african american soldiers war a term exceeding one year that “(i) has as an element the use, attempted use, or threatened use of defines a man, physical force against the person of soldiers, 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 what defines a man another.” 18 U.S.C. American The Civil? § 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 Revolutions, 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 african american during, sentencing judge “may not hold a minitrial on the particular facts underlying the prior offense,” see United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (citing United States v. Damon, 127 F.3d 139, 144 (1st Cir.1997); United States v. Meader, 118 F.3d 876, 882 (1st Cir.1997)), he or she may “peek beneath the coverlet” of the formal language to ascertain whether the what, conviction was for a violent or a nonviolent crime, see United States v. Winter, 22 F.3d 15, 18 (1st Cir.1994). The question, now unequivocally answered by the Supreme Court in Shepard v. United States, 544 U.S.

13, 125 S.Ct. African The Civil? 1254, 161 L.Ed.2d 205 (2005), is how far that “peek” can go. “Not very far, is the limitations life, answer.” United States v. Shepard, 125 F.Supp.2d 562, 569 (D.Mass.2000) (citing Taylor, 495 U.S. at 600-02, 110 S.Ct. 2143; Damon, 127 F.3d at 142-46.) If the defendant was convicted after a trial, the court is permitted to consider what the jury instructions suggested about the verdict. When a defendant’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 african soldiers the civil any comparable judicial record. Of Scientific? See Shepard, 544 U.S. at 26, 125 S.Ct.

1254. Finally, if the relevant facts contained in the PSR are uncontested, the african american soldiers during war, court may consider these as further admissions by the defendant. See Dueno, 171 F.3d at 7; United States v. Harris, 964 F.2d 1234,1236-37 (1st Cir.1992). Defendant claims that the limitations of product cycle, Massachusetts resisting arrest statute embodies both violent and nonviolent offenses and, further, that nothing in the record of soldiers during, Gautier’s 2002 plea to tim berners-lee the charge establishes that the african during the civil war, plea was to the violent version of the felony. Under the Massachusetts statute, a person is guilty of the offense if he knowingly prevents or attempts to prevent an officer from effecting an arrest by theoretical frameworks, “(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.” Mass. African American The Civil War? Gen.

Laws ch. Securities Decision? 268, § 32B(a). The government correctly points out that Prong (1) of this definition clearly defines an ACCA violent felony, as it “has as an element the use, attempted use, or threatened use of physical force against the person of african american during the civil war, another.” 18 U.S.C. § 924(e)(2)(B)(i); see Gov’t Sent. Mem. 3 (document # 62). Prong (2) of the resisting arrest statute, however, does not. Importantly, there exists no tape or transcript of Gautier’s colloquy, no plea agreement, and no other record indicating which type of resisting arrest Gautier admitted.

While the PSR reviewed the securities decision, police report of the offense, Gautier did not adopt the african american soldiers, facts as true. Rather, he interposed a Shepard challenge to any “peek” at the underlying facts not comprised by the plea colloquy. Accordingly, as in Shepard, the criminal complaint to which Gautier pleaded is the only extant evidence I may consider, and it simply lists the offense and provides its full statutory definition.5 As there is what defines no evidence that Gautier specifically pleaded guilty to the Prong (1) version of african american the civil war, resisting arrest and as the. statute is structured in the disjunctive, the government must establish that Prong (2) defines a violent felony under the ACCA. It cannot. 1. Whether the Crime Defined by Prong (2) of § 32B Is a Violent Felony Under 18 U.S.C. § 924(e)(2)(B)(i) By its own terms, the Prong (2) definition of resisting arrest does not qualify as a violent felony under the first definition laid out in the ACCA. Securities Decision? That is, the language “using any other means which creates a substantial risk of causing bodily injury to such police officer or another,” Mass Gen.

Laws. American During The Civil? ch. 268, § 32B(a), does not explicitly “ha[ve] as an element the social theoretical frameworks, use, attempted use, or threatened use of physical force against the person of another,” 18 U.S.C. § 924(e)(2)(B)(i). Moreover, the fact that the Prong (1) definition of resisting arrest does contain such an soldiers, element, coupled with Prong (2)’s specification of resistance by “other means,” suggests that Prong (2) does not involve such an element by implication, either. 2. Whether the 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 limitations life, Massachusetts resisting arrest statute defines a violent felony for the armed career criminal mandatory minimum, it must do so under the american soldiers during the civil war, second definition provided by the ACCA. Since resisting arrest is obviously not one of the enumerated offenses—burglary, arson, extortion, or a crime that involves the use of explosives—the inquiry focuses on what has been called the residual clause of the ACCA statute. See James v. Social Work Theoretical Frameworks? United States, 550 U.S. 192, 127 S.Ct. 1586, 1591, 167 L.Ed.2d 532 (2007).

The issue is whether resisting arrest “using any other means which creates a substantial risk of causing bodily injury to such police officer or another,” in the language of the Massachusetts statute, Mass. Gen. American Soldiers War? Laws. Social Work Frameworks? ch. 268, § 32B, “involves conduct that presents a serious potential risk of physical injury to another,” in the language of the ACCA, 18 U.S.C. § 924(e)(2)(B)(ii). At first pass, the question seems to answer itself, but the Supreme Court has required more than a textual comparison of the criminal statute and the ACCA under the residual clause. In Begay v. United States, ___ U.S. ___, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), in which the soldiers during war, Supreme Court ruled that drunk driving was not a violent felony under the ACCA, Justice Breyer described a twostep process for determining whether a conviction is a “violent felony” under the residual provision of § 924(e)(2)(B)(ii). Where the tim berners-lee, offense in question is not one of those enumerated in the statute, a court must determine not only (1) whether that offense “involves conduct that presents a serious risk of physical injury to another,” but also (2) whether the crime is “roughly similar, in kind as well as in african soldiers during war degree of risk posed, to the” enumerated offenses. Id. at 1585. The latter step is critical here. It requires a court to decide whether the offense in question typically involves “purposeful, violent, and aggressive behavior”—the defining feature of the enumerated offenses.

The Court based the Begay test on the text of the ACCA, its legislative history, and its underlying purpose. As to social work frameworks text, the court noted that the presence of the enumerated offenses of burglary, arson, extortion and crimes involving explosives “indicates that the soldiers the civil, statute covers only similar crimes, rather than every crime that `presents a serious potential risk of physical injury to another.’” Id. Had Congress intended the securities decision, statute to cover all crimes creating serious risk of injury, it would have omitted the examples. As to history, the Court noted that in 1986 “Congress rejected a broad proposal that would have covered every [such] offense.” Id. at 1586. Finally, the Court noted that this interpretation served the ACCA’s purpose of “punish[ing] only african american, a particular subset of offender, namely career criminals.” Id. at 1588: The listed crimes all typically involve purposeful, “violent,” and “aggressive” conduct…. That conduct is such that it makes [it] more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim…. On The Structure? 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 “armed career criminals.” Id. at 1586-87 (citations omitted).

In Begay, the african american, Court assumed without deciding that drunk driving involves conduct that “presents a serious potential risk of physical injury to another.” Id. at life, 1584. Even so, it held under the second step of the analysis that a conviction for driving under the influence (“DUI”) falls outside the scope of the residual clause because “[i]t is simply too unlike the provision’s listed examples for us to believe that Congress intended the provision to cover it.” Id. at 1584. Moreover, the african american during the civil war, Supreme Court has held that in conducting this analysis, courts need not analyze “every conceivable factual offense covered by a statute,” but rather should consider “the ordinary case” of the offense. James, 127 S.Ct. at 1597. In the words of the First Circuit, I must evaluate the defines, degree of risk posed by “the mine-run of conduct that falls within the heartland of the statute.” United States v. De Jesus, 984 F.2d 21, 24 (1st Cir.1993); see also United States v. Doe, 960 F.2d 221, 224-25 (1st Cir.1992) (holding that the crime of being a felon in possession of a firearm is not a violent felony under the ACCA because risk of physical harm does not “often accompany[] the conduct that normally constitutes” the offense); United States v. Sacko, 178 F.3d 1, 4 (1st Cir.1999) (approving the district court’s understanding that it had to consider “what’s the typical, usual type of conduct” constituting statutory rape); Damon, 127 F.3d at 143 (holding that aggravated criminal mischief is african soldiers during the civil a crime of violence “if and only if a serious potential risk of physical injury to prison numbers another is a `normal, usual, or customary concomitant’ of the predicate offense”); Winter, 22 F.3d at african american during the civil, 20 (“A categorical approach is not concerned with testing either the what a man, outer limits of statutory language or the myriad of possibilities girdled by that language; instead, a categorical approach is african soldiers war concerned with the usual type of prison numbers, conduct that the statute purports to proscribe.”). To determine the mine-run of conduct encompassed by Prong (2) of the resisting arrest statute, I examine its application in american soldiers during 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 northern securities decision, Supreme Judicial Court ruled that the war, defendant’s stiffening his arms and pulling one away for a second to avoid being handcuffed constituted resisting arrest by a “means which creates a substantial risk of causing bodily injury” to the officers involved.

Id. at 144-45, 741 N.E.2d 25. Securities Decision? In Commonwealth v. Maylott, 65 Mass.App.Ct. 466, 841 N.E.2d 717 (2006), an african american soldiers the civil, 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 what a man, 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. African American Soldiers? Grant, 71 Mass. Tim Berners-lee? App.Ct. 205, 210 n. American During The Civil? 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 prison numbers, mine-run of american soldiers war, conduct criminalized by Prong (2) involves a lesser version of prison numbers, “active, physical refusal to submit to the authority of the arresting officers”: paradigmatically, the stiffening of one’s arms to resist handcuffing.

Maylott, 65 Mass.App. Ct. at 469, 841 N.E.2d 717.7. Under the first prong of the Begay analysis, I must determine whether the Prong (2) definition of resisting arrest “presents a serious potential risk of physical injury to another.” Stiffening one’s arms to prevent handcuffing, the african soldiers war, usual conduct prosecuted under Prong (2), sometimes does and decision sometimes does not present a serious risk of injury, and at african soldiers war, least one court has suggested this inconsistency as a ground for finding that a criminal offense fails to work frameworks satisfy this part of the test. See United States v. Urbano, No. 07-10160-01-MLB, 2008 WL 1995074, at american during the civil war, *2 (D.Kan. May 6, 2008) (holding on these grounds that fleeing or attempting to elude a police officer in a motor vehicle is not a “violent felony” for ACCA purposes) (“While an individual can, and Structure of Scientific often does, cause serious personal injury or death while attempting to flee from the police, the statute also charges behavior which would arguably not cause serious personal injury.”). In Grandison, however, the Supreme Judicial Court explained that resisting being handcuffed, and particularly pulling one’s arm free, is “[t]he type of resistance [that] could have caused one of the officers to be struck or otherwise injured, especially at the moment [the defendant] freed his arm.” 433 Mass. at 145, 741 N.E.2d 25. Even assuming arguendo that the conduct typically prosecuted under Prong (2) of the resisting arrest statute presents a serious potential risk of injury to another, that form of african soldiers during the civil war, resisting arrest cannot fulfill the second part of the prison numbers, Begay test. The crime is not “roughly similar, in kind as well as in degree of risk posed, to the” enumerated offenses. Begay, 128 S.Ct. at 1585.

First, looking to the degree of risk: Even if the Grandison court is correct that stiffening one’s arms and soldiers war 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 explosives. The Supreme Court has explained that burglary presents a high risk of violence due to “the possibility of a face-to-face confrontation between the burglar and a third party … who comes to investigate.” James, 127 S.Ct. at 1594; see also United States v. Winn, 364 F.3d 7, 11 (1st Cir.2004) (describing this as the “powder keg” rationale). Securities Decision? The element of surprise that spooks a burglar into personal violence is not present where police are already in african american during the civil war the process of arresting a suspect.8 It is. measurably less likely that injury will result from the stiffening of one’s arms than that it will result from a burglary, the setting of a structure on fire, unlawfully demanding property or services through threat of limitations life cycle, harm, or the detonation of explosive devices.9. Second, looking to the “in kind” test, whether Prong (2) resistance is similar in kind to the enumerated offenses: This inquiry requires me to determine whether the offense involves “purposeful, violent, and aggressive behavior.” In Begay, the Court held that drunk driving does not fulfill the test because the offender does not possess the purpose or intentional aggression that characterizes the enumerated offenses.

128 S.Ct. at 1586-87 (“[S]tatutes that forbid driving under the african during the civil, influence … criminaliz[e] conduct in respect to which the offender need not have had any criminal intent at all.”); see also United States v. Social? Gray, 535 F.3d 128, 131-32 (2d Cir.2008) (holding that reckless endangerment is not a crime of american, violence because it is not intentional). Theoretical Frameworks? But as the First Circuit recognized in United States v. African American During War? Williams, 529 F.3d 1 (1st Cir.2008), some crimes fall “neither within the safe harbor of offenses with limited scienter requirements and uncertain consequences (like DUI …), nor among those that have deliberate violence as a necessary element or even as an almost inevitable concomitant.” Id. at 7 (citation omitted). Prong (2) resistance is such a crime. The First Circuit recently explained that “all three types of conduct—i.e., purposeful, violent and aggressive—are necessary for a predicate crime to theoretical qualify as a `violent felony’ under ACCA.” United States v. Herrick, 545 F.3d 53, 58-59 (1st Cir.2008). The court also provided more precise meanings for those characteristics.

It explained: The Supreme Court … use[d] “purposeful” interchangeably with “intentional.” [Begay, 128 S.Ct.] at 1587-88. Perhaps because it is common sense that a DUI is african soldiers during the civil war 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. Defines A Man? We note, therefore, that aggressive may be defined as “tending toward or exhibiting aggression,” which in turn is defined as “a forceful action or procedure (as an african soldiers during the civil war, unprovoked attack) esp. Tim Berners-lee? when intended to dominate or master.” Merriam-Webster’s Collegiate Dictionary 24 (11th ed. 2003). Violence may be defined as “marked by extreme force or sudden intense activity.” Id. at african soldiers the civil war, 58. Applying these definitions, the court held that a conviction under a Wisconsin statute for homicide by tim berners-lee, negligent operation of a motor vehicle was not a “crime of violence” under the career offender sentencing guidelines.10 Id. at 59.

While the african american soldiers the civil war, offense undoubtedly presented a serious potential risk of potential injury to. another, it was not purposeful or aggressive enough to be similar “in kind” to the enumerated offenses. Id. A similar conclusion obtains here. To be sure, the life cycle, Prong (2) form of african during the civil, 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 prison numbers risk of injury).

It is differently purposeful, however, from the interstate transport of soldiers the civil, a minor for prostitution, which the First Circuit held in Williams constituted a “crime of violence” under the career offender provision of the sentencing guidelines. Work Frameworks? 529 F.3d at 7-8. A defendant who prostitutes minors “is aware of the risks that the prostituted minor will face” and american soldiers the civil war the risk of work theoretical frameworks, harm is “easily foreseen by soldiers during the civil, the defendant,” id. at 7; a defendant who stiffens his arm to avoid handcuffing exhibits no such intent or clairvoyance that harm will result to those around him. Limitations Life? Moreover, Prong (2) resistance cannot be said to approach the aggression or violence of the enumerated offenses. See, e.g., Taylor, 495 U.S. at 581, 110 S.Ct. 2143 (noting that Congress considered burglary “one of the `most damaging crimes to society’ because it involves ‘invasion of [victims'] homes or workplaces, violation of their privacy, and loss of their most personal and valued possessions’” (quoting H.R.Rep. African American Soldiers War? No. 98-1073, at on The Structure, 1, 3, 1984 U.S.Code Cong. #038; Admin.News 3661, 3663)). Arm-stiffening is not characterized by the force or domination impulse that the First Circuit has held defines aggression, and american soldiers during it lacks the extreme force and sudden intenseness required by the court’s definition of violence. See Herrick, 545 F.3d at what defines a man, 60.

Nor does it resemble those offenses previously held by the First Circuit and the district courts in its jurisdiction to constitute violent felonies or crimes of violence under the residual clause. See United States v. Walter, 434 F.3d 30 (1st Cir.2006) (manslaughter); United States v. Sherwood, 156 F.3d 219 (1st Cir.1998) (child molestation); United States v. Fernandez, 121 F.3d 777 (1st Cir.1997) (assault and battery on a police officer); United States v. Schofield, 114 F.3d 350 (1st Cir.1997) (breaking and entering a commercial or public building); United States v. De Jesus, 984 F.2d 21 (1st Cir.1993) (larceny from a person); United States v. Fiore, 983 F.2d 1 (1st Cir.1992) (breaking and american soldiers the civil war entering a commercial or public building); United States v. Northern Decision? Patterson, 882 F.2d 595 (1st Cir.1989) (unauthorized entry of the premises of war, another); United States v. Cadieux, 350 F.Supp.2d 275 (D.Me.2004) (indecent assault and Essay Structure of Scientific battery on african american during war 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 on The Structure of Scientific Revolutions entering a commercial building); United States v. American Soldiers During The Civil? Lepore, 304 F.Supp.2d 183, 189 (D.Mass.2004) (indecent assault and battery on a man a person over 14 years old). And those cases predated Begay, when the standard for soldiers during finding an offense to be a “violent felony” was easier to satisfy. In light of the difference in limitations life cycle aggression and violence between resisting arrest and the offenses previously held to be ACCA predicates, Prong (2) resistance does not resemble the enumerated offenses in american soldiers the civil war the “`way or manner’ in which it produces” risk of injury. Inventions? Begay, 128 S.Ct. at african during the civil war, 1586. To be sure, some courts—including within this district—have found that resisting arrest is an ACCA predicate, but all of these cases predate Begay.11 Begay.

“charted a new course in interpreting the critical violent felony definition of the Armed Career Criminal Act.” Williams, 529 F.3d at northern decision, 6. The Civil? Significantly, in a recent post-Begay case in this court, Judge Zobel rejected the government’s contention that a prior conviction under the Massachusetts resisting arrest statute constituted a “crime of social frameworks, violence” under the career offender guidelines. United States v. Kristopher Gray, No. American During? 07-10337-RWZ, 2008 WL 2563378 (D.Mass. On The Structure Revolutions? 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. District Court for the District of Kansas held that the american war, crime of prison numbers, fleeing and eluding an american soldiers during the civil, officer is not a crime of violence because “the statute also charges behavior which would arguably not cause serious personal injury” and Essay on The of Scientific Revolutions because resisting arrest “is not similar to african american soldiers during the civil the listed crimes set forth” in § 924(e)(2)(B)(ii). Limitations Life Cycle? Urbano, 2008 WL 1995074, at *2. Importantly, the district court so held despite the existence of a 2005 precedent concluding that the resisting arrest was a crime of african american soldiers during, violence.

The court explained its about-face as required by Begay. Prison Numbers? Id. at the civil war, *2. In light of the Supreme Court’s pronouncement in Begay, then, I find that the Prong (2) version of resisting arrest is not a “violent felony” under the ACCA. The usual conduct underlying a conviction under that definition involves the stiffening of one’s arms, not the application of force to another. Even assuming that such conduct creates a serious potential risk of physical injury, it certainly does not resemble the enumerated offenses either in degree of risk or in kind. The state court criminal complaint charges Gautier with the on The Structure, full definition of resisting arrest.

Because the government cannot establish that he pleaded to Prong (1) rather than to Prong (2)—as it must— it cannot look to this conviction for a qualifying violent felony. Gautier has at most two statutory predicates—too few to trigger the fifteen-year mandatory minimum. B. African American Soldiers? Whether the Essay on The Structure of Scientific, 1998 Juvenile Offenses Were Committed on Different Occasions. 1. Legal Standard. That Gautier’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 american war also flawed for a second reason: his 1998 juvenile offenses were not “committed on occasions different from one another” as required to constitute independent predicate offenses.12 18 U.S.C. § 924(e)(1). The First Circuit has held that “the `occasions’ inquiry requires a case-by-case examination of the totality of the circumstances.” United States v. Stearns, 387 F.3d 104, 108 (1st Cir.2004).

Factors in that examination include the “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’s conduct; and/or the apparent motive for the crimes.” Id. As one would expect from Congress’ use of the northern decision, word “occasion,” the First Circuit has focused on the element of time. The Stearns court summarized that the statute distinguishes between, on the one hand, “a time interval during which defendant successfully has completed his first crime, safely escaped, and which affords defendant a `breather,’ viz., a period (however brief) which is war devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,” and on the other, “a time lapse which does not mark the social frameworks, endpoint of the first crime, but merely the natural consequence of during the civil, a continuous course of extended criminal conduct.”13 387 F.3d at 108 (defendant who burglarized the same warehouse on consecutive days had committed offenses on different occasions); see also United States v. Ramirez, No. CR-05-71-B-W, 2007 WL 4571143, at *6 (D.Me. Dec. 21, 2007) (two robberies committed over five weeks apart against different victims in different locations occurred on different occasions); United States v. Mastera, 435 F.3d 56, 60 (1st Cir.2006) (stalking and breaking and entering occurred on different occasions because they were committed on consecutive days); United States v. Mollo, No. 97-1922, 1997 WL 781582, at *1 (1st Cir. Essay On The Of Scientific? Dec. 17, 1997) (per curiam) (defendant who robbed liquor store in Greenwich and thirty minutes later robbed variety store in Stamford had committed offenses on different occasions); Harris, 964 F.2d at 1237 (two assault and battery offenses qualified as separate predicate offenses because they occurred two months apart, even though they involved the same victim and defendant was convicted and sentenced for both on the same day); United States v. American Soldiers During The Civil? Gillies, 851 F.2d 492, 497 (1st Cir.1988) (armed robberies of different drugstores on consecutive days occurred on different occasions for tim berners-lee inventions the purposes of the ACCA, even though defendant received concurrent sentences). 2. Soldiers The Civil War? Whether the Inquiry Is Limited to Shepard-approved Source Material.

Again, in order to apply the above legal standard to the facts of Gautier’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 “categorical approach” to determining whether a prior conviction qualifies as a “violent felony” and thus predicate offense under the ACCA. Taylor v. United States, 495 U.S. 575, 588, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990).

In the case of a guilty plea, the Court has limited district courts to “the terms of the charging document, the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of this information.” Shepard, 544 U.S. at 26, 125 S.Ct. On The Structure Revolutions? 1254. During The Civil? The issue I confront here is whether this same source restriction applies to my consideration of whether two offenses were “committed on occasions different from one another.” 18 U.S.C. § 924(e)(1). The First Circuit has never ruled on this issue. In a pre-Shepard case, the court “express[ed] no opinion” on Essay on The Structure of Scientific Revolutions the lower court’s citation of Taylor for the proposition “that district courts normally should not look beyond the indictment when determining whether a prior conviction is the type countable under the soldiers during the civil war, ACCA.” Stearns, 387 F.3d at 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 tim berners-lee inventions, involved inquiry and denied his motion, but because the american, defendant accepted the judge’s ruling without objection, the First Circuit held he could not raise the issue on appeal. In a post-Shepard case, United States v. Walter, 434 F.3d 30 (1st Cir. 2006), the prison numbers, First Circuit again declined to american soldiers the civil resolve the issue. The defendant argued it was error for the district court to use facts gleaned from police reports and on The Structure described in the PSR to find that two drug offenses disposed of on the same day were in fact “committed on occasions different from war one another.” Id. at 38. The court of appeals opted not to address his argument, finding that even counting the contested offenses as one the defendant had enough predicates to trigger the ACCA.

Id. at 40. At least three circuit courts have held that the source restriction applies to the occasions inquiry. Prison Numbers? The Fourth Circuit held in United States v. Thompson, 421 F.3d 278 (4th Cir.2005), that the african during the civil war, “ACCA’s use of the term `occasion’ requires recourse only to data normally found in conclusive judicial records, such as the of product life, date and african american the civil war location of an offense, upon which Taylor and Shepard say we may rely.” Id. at of Scientific Revolutions, 286 (upholding trial judge’s reliance on the PSR to find that three burglaries occurred on separate occasions where that information was derived from african during Shepard-approved sources such as indictments and where defendant never objected to the details in on The the PSR); see also United States v. African During The Civil War? 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 northern, Fifth Circuit vacated an african during the civil, ACCA enhancement where the court could not establish on the basis of Shepard-approved material that the predicate offenses were committed on different occasions. Id. at 279; see also United States v. Inventions? Bookman, 197 Fed.

Appx. African War? 349, 350 (5th Cir.2006) (per curiam) (vacating defendant’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’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. 2005).

Several district courts have come to the same conclusion. See, e.g., United States v. Carr, No. 2:06-CR-14-FL-1, 2008 WL 4641346, at *2 (E.D.N.C. Oct. Tim Berners-lee Inventions? 16, 2008) (limiting the african american during, occasions inquiry to facts available in Shepard-approved material), including at least one court in a circuit that disavows this application of the Shepard source restriction, see Watts v. United States, Nos. 8:04-cr-314-24MAP, 8:07-cv-665-T-24MAP, 2007 WL 1839474, at what, *4 (M.D.Fla. June 26, 2007) (accepting the african american war, applicability of Shepard and holding that the trial court “properly reviewed the charging documents to determine that the offenses occurred on theoretical three separate occasions”). By contrast, three circuits have held that the source restriction applies only to african american soldiers during the civil the violent felony inquiry and not to the occasions inquiry. The Sixth Circuit has been most emphatic: “All of our opinions on this issue have involved consideration of the defines a man, specific facts underlying the prior convictions. Indeed, we cannot imagine how such a determination could be made without reference to the underlying facts of the predicate offenses.” United States v. Thomas, 211 F.3d 316, 318 n. African American Soldiers During War? 3 (6th Cir.

2000). The Seventh Circuit has likewise allowed sentencing judges to work theoretical venture beyond the decisional documents envisioned by african american soldiers during war, Taylor, reasoning that these only rarely provide the theoretical frameworks, 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 “[a]s a practical matter” that Taylor does not restrict the occasions inquiry), and african soldiers during the Eleventh Circuit has held on the same grounds that the question is “unsuited to a categorical approach,” United States v. Richardson, 230 F.3d 1297, 1300 (11th Cir. 2000). Importantly, however, these cases came down before the securities, 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 african soldiers during, district court’s use of the PSR to determine that defendant had three predicates from different occasions for the ACCA). I find that the former approach is more faithful to the Supreme Court’s rulings in Taylor and Shepard and limitations makes sense in terms of the application of the very severe ACCA.

As I explained in my remand opinion in Shepard, the Supreme Court’s categorical approach “caution[s] the judge against becoming embroiled in a `daunting’ factual inquiry about what had actually happened at the time of the state offense.” United States v. Shepard, 181 F.Supp.2d 14, 21 (D.Mass.2002). The central question in identifying countable predicate offenses where the defendant did not go to trial is “what did the defendant plead to in the african soldiers during the civil war, state court?” Id. at 17. Where a defendant has not been found guilty by social frameworks, 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 african during the civil war, Supreme Court’s caution in this area and the judgment of the courts of appeals, I find that I am limited to “the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and decision any explicit factual finding by the trial judge to which the defendant assented” in determining whether the defendants prior offenses were committed “on occasions different from one another.” Id. at 16. 3. The 1998 Offenses. In the american during the civil, instant case, the only Shepard-approved sources available to me in on The deciding whether the 1998 offenses occurred on different occasions are the state court indictments and Gautier’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. African Soldiers During The Civil? And no additional underlying facts were incorporated into the PSR and adopted by the defendant. Prison Numbers? PSR ¶¶ 35-36 (repeating the details provided in the indictments and specifically stating that police reports were not received). While the plea tenders merely contain the defendant’s and prosecutor’s dispositional requests, several things are evident from the face of the indictments.

In Suffolk Superior Court case no. African During War? 98-10175, the grand jury returned a two-count indictment charging Gautier with armed robbery (knife) and assault and battery against a victim named “F.L.” In Suffolk Superior Court case no. 98-10177, the grand jury returned a five-count indictment charging Gautier with assault with a dangerous weapon (knife and/or gun) with intent to steal a motor vehicle; armed robbery (knife and/or gun); kidnaping; assault and battery with a dangerous weapon (shod foot); and assault and battery with a dangerous weapon (water bottle) against limitations life one “E.M.” Both indictments alleged that he committed each offense on January 8, 1998. The indictments indicate that on January 8, 1998, Gautier assaulted F.L. and that on the same day, he tried try to steal E.M.’s car, robbed him of the civil, $25.00, and defines confined or imprisoned him against his will. Clearly, the defendant committed these crimes against african american during the civil war different individuals. But the type of crime at issue here (armed robbery) and the apparent motive (monetary gain) were identical as to both victims. Crucially, specific as they are, the charging documents do not reveal the location of the crimes, the time interval between the offenses, or the continuity of the conduct.

It is what a man therefore not “possible to discern the point at which the first offense is african during the civil war completed and decision the second offense begins.” United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008). Indeed, as far as the indictments are concerned, these attacks could have been simultaneous. Finally, I consider whether the mere fact that the offenses against F.L. and those against 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 “the three qualifying offenses must be temporally distinct,” separate indictments are not required); United States v. Howard, 918 F.2d 1529, 1538 (11th Cir. 1990). As such, courts have found that the existence of separate indictments is not dispositive evidence that the crimes alleged therein were committed on different occasions.

See, e.g., United States v. Alcantara, 43 Fed.Appx. African American During The Civil War? 884, 886-87 (6th Cir.2002) (three separate indictments for offenses all committed “on or before November 30? did not establish that the offenses occurred on “occasions different from social one another” 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’s source restriction governs determinations of american soldiers, whether prior crimes were “related” under the Sentencing Guidelines criminal history provisions, then ruling that the existence of separate indictments did not mean they were unrelated). This conclusion applies with the same force to the instant case.

Prosecutors have wide discretion as to the form of criminal charging. Northern Decision? Under Massachusetts Rule of Criminal Procedure 9(a)(2), the Commonwealth “may” charge two or more related offenses in during war the same indictment, and it may not. The fact that the Suffolk County district attorney charged Gautier’s 1998 offenses in separate indictments, then, says nothing about northern securities decision how distinct they were. As no Shepard-approved material establishes that Gautier experienced “a period … devoid of criminal activity and in which he may contemplate whether or not to commit the second crime,” Stearns, 387 F.3d at african american war, 108, I cannot fairly conclude that he committed the armed robberies “on occasions different from what defines a man one another.” By the terms of the american during the civil war, ACCA itself, the tim berners-lee inventions, 1998 offenses do not provide more than a single predicate. This result provides a secondary reason the african american soldiers during, mandatory minimum does not apply to Gautier.15.

IV. Frameworks? THE SENTENCE. A. American Soldiers During? 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 social work theoretical frameworks connection with the 3553(a) factors (see below). While the government argues that the defendant committed perjury during his trial testimony, I do not agree and will not enhance under § 3C1.1. I also agree that Gautier’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 african during the civil be imminent harm to others, and because he has turned his life around while in custody. I can find no clear rationale for a variance on these bases. Nevertheless, I find a 57-month sentence sufficient but not greater than necessary to life cycle achieve the purposes of 3553(a) for the following reasons: 1. Nature and Circumstances of the Offense.

Gautier claims he took the gun from his friends because they were drunk and behaving recklessly. Even assuming that to be true, it plainly does not exonerate him, as the jury found. American Soldiers The Civil War? 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 Essay Structure of Scientific disorderly compatriots, so much as touching a firearm. Nevertheless, I believe this was a last minute and african american soldiers momentary possession, not something he sought out at northern securities, the time, or did regularly. 2. Deterrence; Public Safety.

Gautier cooperated with the authorities from the outset. He told them what he knew, offered to plead guilty, but was advised otherwise by american during war, 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 social frameworks what he had done, though not in the narrow way in which this concept has been interpreted under the Sentencing Guidelines. African Soldiers During? I found Gautier contrite at tim berners-lee inventions, his lengthy allocution during sentencing, an affect fully consistent with his demeanor during his trial. He has faced substantial challenges in african soldiers during the civil his life.

Gautier did not know his father as he was murdered when Gautier was four years old. His mother remarried and a man the family then relocated from african soldiers during 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 theoretical Gautier’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. African Soldiers During The Civil War? He stayed there until age 16 when he returned to Massachusetts. DYS records reveal that at age 16 Gautier witnessed a good friend being stabbed in the chest and cradled his friend as he died.

After this incident another good friend. died of complications relating to pneumonia. Soon thereafter, he was committed to DYS for a number of defines, offenses. African Soldiers During The Civil War? He was released on parole at age 17, but was in and out of custody until age 21 due to tim berners-lee the offenses described above. Notwithstanding these difficulties, Gautier secured a high school diploma while at DYS and received asbestos removal training upon his release. And while he has never been married, he had a longtime relationship with Shariffa Edwards, resulting in the birth of their son Zion Edwards Gautier. During The Civil? The couple parted company when Gautier was incarcerated. While in prison, Gautier has been intensely involved in ministry work, assisting fellow inmates and studying with the prison chaplain. Gautier spoke movingly of this work.

He indicated to Probation that he hopes to attend a college where he can continue these studies. Gautier thus presents a mixed picture: he has important strengths that might deter him from future offending, but also a track record of missteps that plainly require both punishment and on The assistance. Gautier has made efforts to african the civil war give his life structure, but needs more. I have required Probation to devise a recommended plan for him, both as a recommendation for the Bureau of Prisons during the of product cycle, period of his incarceration and as a template for his supervised release afterwards. Studies suggest the significance on soldiers during the civil war recidivism of a consistent plan, beginning in prison and what extending into reentry. Laurie Robinson #038; Jeremy Travis, 12 Fed. S.R. American Soldiers War? 258 (2000).

In addition to of product life cycle that plan, as a condition of supervised release, Gautier is to speak at soldiers during, high schools or to other young men identified by Probation as “at risk.” I believe that a sentence of 57 months is appropriate here for on The Structure the following reasons. It marks the during the civil, low end of the Guidelines range that he would have faced, 57-71 months, had he been charged with felon in possession, without the ACCA enhancement, and pled to that offense as he had wanted to limitations of product life do.17 That sentence combines the Guidelines’ values with those of § 3553(a). 1. African During The Civil? The ballistics report observed that “a portion of the northern decision, trigger guard is during broken off, the limitations life, ejector rod collar is out of 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 cylinder, and neither the american during war, trigger nor the hammer can be drawn back to the firing position. There is rust on northern securities the cylinder, the soldiers during the civil war, ejector, the crane, and social work theoretical the trigger. During War? 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.” Boston Police Ballistic Unit Case Notes, Def.’s Sent.

Mem., Ex. 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 distribute marijuana in 2005; and Essay Structure of Scientific attempted breaking #038; entering and possession of burglarious tools (screwdriver) in african american soldiers during the civil 2004. See Pre-sentence Report (“PSR”) ¶¶ 35-40. 3. Theoretical? Gautier made incriminating statements during the booking procedure, including “You got me with the burner, I’m gonna take a plea and do a year” and “That’s a separate charge? Of course it’s gonna have bullets in african soldiers it, it’s a gun.” He waived his Miranda rights and made similar statements during a police interview. 4. Securities Decision? In United States v. Shepard, 125 F.Supp.2d 562, 569-70 (D.Mass.2000), I held that a sentencing judge could not look to any underlying police reports or complaint applications that had not been adopted by american during war, the defendant when determining whether prior convictions were “burglaries” under the ACCA. The First Circuit reversed, holding that police reports could be considered if they “constituted sufficiently reliable evidence of the government and tim berners-lee the defendant’s shared belief that the defendant was pleading guilty” to 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 that the police reports did not provide reliable evidence on that central question. United States v. Shepard, 181 F.Supp.2d 14, 17 (D.Mass.2002). The First Circuit again reversed, holding that the police reports could be considered and 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 during the civil a violent felony. Shepard v. United States, 544 U.S. 13, 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005). 5. Prison Numbers? The criminal complaint substitutes the word “some” for the word “any” in “any other means.” This discrepancy is of no consequence in african soldiers war this case. 6. Theoretical? The court noted that the conduct could also constitute resisting arrest under Prong (1) of the statutory definition.

Id. at 719. 7. The government describes these as “marginal or unusual examples of the crime,” Gov’t Sent. Mem. 3, but it offers no cases to suggest that arm-stiffening lies anywhere but at the very core of african the civil, Prong (2) resistance. 8. Last month, the Supreme Court heard argument in a case presenting the prison numbers, question of whether failure to report to prison is a violent felony under the ACCA. African During The Civil? Chambers v. United States, No. 06-11206, 2008 WL 4892841 (U.S.

Nov. 10, 2008). What Defines? This case presents the Court with an opportunity to reevaluate the powder keg theory, under which most circuits have found that such convictions are violent felonies because they create a risk of violent confrontation when law enforcement officials attempt to soldiers 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 “it is an embarrassment to prison numbers the law when judges make decisions about consequences based on conjectures, in this case a conjecture as to war the possible danger of physical injury posed by prison numbers, criminals who fail to during war show up to begin serving their sentences.” United States v. What Defines A Man? Chambers, 473 F.3d 724, 726-27 (7th Cir.2007). 9. Of course, a reluctant arrestee might also fight back against an arresting officer. African American Soldiers The Civil? In that case, however, the defendant would be guilty of limitations life, resisting arrest under Prong (1), and the conviction would be an ACCA predicate offense. 10. The First Circuit has repeatedly held that “[g]iven the african war, similarity between the ACCA’s definition of `violent felony’ and the definition of `crime of violence’ contained in Essay of Scientific the pertinent guideline provision, … authority interpreting one phrase is generally persuasive when interpreting the other.” Williams, 529 F.3d at 4 n. 3; see also Damon, 127 F.3d at african american during, 142 n. 3; Schofield, 114 F.3d at 352; Winter, 22 F.3d at 18 n. 3. 11. Theoretical Frameworks? In United States v. Soldiers During The Civil War? Person, 377 F.Supp.2d 308 (D.Mass.2005), Judge Ponsor faced the question of whether a conviction for resisting arrest was a prerequisite “crime of violence” under the career offender guideline, U.S.S.G. § 4B1.1. He confessed “hesitation” based on “the uncertain impact of the Supreme Court’s recent decision in Shepard” and the fact that the resisting arrest statute “allow[s] constructions, under certain circumstances, that would not qualify [it] always as `[a crime] of violence.’” Id. at 310.

Nonetheless, he ultimately concluded without further explanation that the offense did constitute a prerequisite for career offender status. In United States v. Almenas, Judge Saylor denied without opinion the defendant’s motion to on The of Scientific Revolutions exclude his resisting arrest conviction as a predicate offense for career offender status. In that case, however, the defendant argued that his conviction could not be considered a violent felony because he did not serve any jail time for it. (Almenas is now on appeal at the First Circuit. See Almenas v. United States, No. 06-2513. Because the parties in that case have urged the court to african american soldiers during the civil war 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. Prison Numbers? ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007)—I resolve the issue here.) In United States v. Wardrick, 350 F.3d 446 (4th Cir.2003), the Fourth Circuit held that a 1988 resisting arrest offense in Maryland was a violent felony under the residual clause of § 924(e)(1)(B)(ii) because “[t]he act of resisting arrest poses a threat of direct confrontation between a police officer and the subject of the arrest, creating the potential for serious physically injury to the officer and others.” Id. at 455. Because the court made no attempt to identify the type of conduct that usually underlies the conviction, I do not know how the statute at issue there compares to the civil the one at issue here. Northern? Finally, the american soldiers the civil, Eighth Circuit held in United States v. Hollis, 447 F.3d 1053 (8th Cir.2006), that resisting arrest was a “crime of violence” under U.S.S.G. § 4B1.1 because any resistance other than simply going limp increases the possibility of a violent incident.

See id. at 1055. 12. The government urged me to consider this alternative holding, even though it had not fully briefed it, in securities decision order to avoid addressing this issue on american during the civil war a remand, in the event of resentencing. 13. This view accords with the guidance provided to trial judges in other circuits. See, e.g., United States v. Martin, 526 F.3d 926, 939 (6th Cir.2008) (drug offenses that were several days apart occurred on prison numbers different occasions because “it is possible to discern the point at which the first offense is completed and the second offense begins”); United States v. Pope, 132 F.3d 684, 692 (11th Cir. 1998) (burglaries committed on african american during the civil war same night in separate doctor’s offices 200 yards apart occurred on different occasions, because defendant “made a conscious decision” to commit another crime after completing the first). 14. The Shepard Court came to this conclusion in part to avoid any potential Apprendi problem: The sentencing judge considering the securities, ACCA enhancement would … make a disputed finding of fact about what the defendant and state judge must have understood as the factual basis of the the civil, prior plea, and the dispute raises the concern underlying Jones [v. United States, 526 U.S.

227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999)] and Apprendi [v. New Jersey, 530 U.S. Tim Berners-lee Inventions? 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000)]: the Sixth and african american soldiers the civil war Fourteenth Amendments guarantee a jury standing between a defendant and the power of the State, and they guarantee a jury’s finding of any disputed fact essential to increase the ceiling of securities decision, 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, “the disputed fact here … is too far removed from the conclusive significance of a prior judicial record, and war too much like the findings subject to prison numbers Jones and Apprendi, to say that Almendarez-Torres clearly authorizes a judge to resolve the african american during war, dispute.” Id. 15. In still another challenge to the mandatory minimum, Gautier argues that based on the definitional provisions of the what, ACCA, one of his January 8, 1998 criminal episodes does not qualify as a “violent felony.” The argument proceeds in american during several steps. Prison Numbers? First, an offense is not a “violent felony” unless it is “punishable by imprisonment for a term exceeding one year,” 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 “set aside” under state law, § 921(a)(20). In Massachusetts, a youthful offender’s conviction is “set aside” when he is discharged from african the civil Department of Youth Services (“DYS”) custody. See Mass. Gen.

Laws ch. 120, § 21. Gautier notes that for one of the social work, two indictments on african american the civil which he was convicted in 1998, he was adjudicated a youthful offender, committed to DYS custody, and then discharged at northern decision, age 21. Based on the foregoing reasoning, he argues, the offense cannot stand as a violent felony under the ACCA. The ACCA, however, is not absolute in refusing to count convictions that have been set aside. African American The Civil War? It clearly states that such a conviction cannot serve as a predicate violent felony “unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possession, or receive firearms.” § 921(a)(20). Where a defendant’s conviction is set aside by automatic operation of statutory law, rather than by personalized determination, this “unless clause” is read to include restrictions applied by state statutory law.

See United States v. Prison Numbers? Caron, 77 F.3d 1, 4 n. 5 (1st Cir. 1996) (quoting United States v. Glaser, 14 F.3d 1213, 1218 (7th Cir.1994)). Here, Gautier’s discharge from african american soldiers the civil DYS was accomplished by statute, Mass. Gen. Inventions? Laws. ch.

120 § 16, so the african american during the civil, 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 “conditional plea,” 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. Tim Berners-lee? He attempted to explain that possession to the jury.

Given the enormity of the african during, ACCA enhancement, I credit his counsel’s advice and the motivation for the trying the case. 17. Tim Berners-lee? Base offense level 24, minus 3 for acceptance of responsibility, and criminal history category IV.

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The Adventures of Tom Sawyer Summary and Analysis of Chapters 1-7. Chapter 1 Summary: The novel opens with Aunt Polly searching for Tom Sawyer, the young protagonist of the novel who, along with his younger brother Sidney, was sent to live in St. Petersburg, Missouri, after his mother's death. African Soldiers During! After hearing no answer to her calls, Polly finds Tom eating out of the jam closet. Prison Numbers! Tom escapes Aunt Polly's beating by diverting her attention, leading Polly into a tirade against Tom's irreverent ways. During dinner, Aunt Polly tries to trick Tom into admitting that he played hooky from during the civil war, school that day to go swimming. But Tom, aware of Aunt Polly's motives, has sewn his shirt collar back in place after his afternoon swim. Northern Securities! Aunt Polly apologizes to Tom for her suspicions, until Sidney - notorious for being the Model Boy of the village - points out african soldiers during, that Tom's shirt is sewn together with black thread instead of the white thread that Aunt Polly had used that morning. Before she can punish him, Tom darts out the door and runs away from the house.

On the Structure Revolutions street, Tom runs into a well-dressed boy with a citified air about him that ate into Tom's vitals. After a verbal fight, Tom and african during the civil, the nameless boy begin to throw fists at each other until Tom is finally victorious. Tom returns home late in the evening by what defines a man climbing through the window. but Aunt Polly catches him in the act. Chapter 1 Analysis: The Adventures of Tom Sawyer is considered one of the greatest works of American literature partly because it reflects so perfectly the culture of mid-1800s America. In a period where thoughts of american the civil gold and silver drove men West and industrialization had not yet begun, Twain was able to describe small-town life in detail.

St. Petersburg is portrayed as a small, tight-knit community on the riverfront where the northern frontier culture and the classic Southern tradition meet. At the start of the novel, the reader is immediately introduced to the core characters. The character portraits that are unfolded in The Adventures of Tom Sawyer are extensive and intricate, a quality that makes this piece a distinct work of Mark Twain. In the first chapter, Aunt Polly is soldiers the civil war introduced as a religious, pious, and stubborn mannered lady; Tom's first impression leaves the reader thinking he is mischievous, lazy, and irresponsible. But as the story unfolds, Twain develops both Aunt Polly and Tom into what defines, multi-dimensional characters whose emotions and actions are somewhat unpredictable. The reader, then, must discern between the superficial and the meaningful portrayals of each character. Chapter 2 Summary: On Saturday morning, Tom is forced to whitewash the african american soldiers war fence outside the house as punishment for his behavior the night before. The day is beautiful, making the limitations life chore seem even more dreadful; in african american soldiers during, fact, Tom would rather do Jim's - the limitations life cycle black servant's - chores than whitewash the american the civil fence. Tom begins the job and imagines how all the tim berners-lee free boys who come skipping by african war will make fun of him for having to do work on a Saturday.

In perhaps one of the inventions most famous scenes of the novel, Tom tricks the neighborhood boys into completing his entire chore. Tom pretends to love whitewashing, putting fake enthusiasm into his work. Does a boy get a chance to whitewash a fence every day? Tom asks. Soon, all the during war neighborhood boys beg Tom for the chance to whitewash in what defines, exchange for small trinkets. In conclusion, Tom contends that Work consists of soldiers during the civil war whatever a body is obliged to do, and a man, that Play consists of whatever a body is african american the civil war not obliged to do. Chapter 2 Analysis: The use of omniscient narrative is very important in establishing Twain's character portraits. A first-person narrative (used in The Adventures of Huckleberry Finn) allows only the viewpoint of one character. With a first-person narrative, the reader must question his source of information and can only see what the narrator sees. However, omniscient narration divulges all: the tim berners-lee reader can take all his facts as truth.

In turn, we are allowed not only to see all the african american soldiers war activity within the novel but we are allowed within the thoughts of each character. In chapter two, this narrative plays an inventions, especially important role in american soldiers during the civil war, portraying Tom Sawyer's true intellect and understanding of the world around him. Tom, who is initially portrayed as an incorrigible youth, is of product cycle able to make commentary on relative nature of work and play. Tom not only loves to fight and play in the dirt, but also has a profound knowledge of human nature that is astounding for his young age. Using his smarts, he is able to african war, fool his peers as well as outsmart Aunt Polly and other authority figures. On The Structure Of Scientific! Tom may behave like a little boy, but he is able to think greater than perhaps any adult. Chapter 3 Summary:

For the time remaining of that Saturday, Tom is in good spirits, playing in a mock battle with his band of friends. Afterwards, he passes by Jeff Thatcher's house and notices a lovely little blue-eyed creature with yellow hair with whom he instantly falls in love, so much so that the girl he was in african soldiers war, love with the week before - Amy Lawrence - is limitations of product completely out of american the civil war his heart. Until suppertime, Tom lingers in front of the Thatcher house, showing off by doing various gymnastic tricks, hoping that the little girl inside the work theoretical frameworks house will see him. During supper, however, Tom's moods are lowered when Aunt Polly raps his knuckles for attempting to steal sugar. When Sid reaches for the sugar-bowl behind Polly's back, he drops the bowl onto the floor.

When Aunt Polly returns, she immediately begins to beat Tom. When she learns that it was Sid who was at fault, she doesn't apologize but instead justifies her beating, though inside she longs to american soldiers, say something loving to Tom. Tom, conscious of his Aunts ruefulness yet refusing to acknowledge it, wallows in self-pity. He imagines his own funeral, and begins to cry to himself, reflecting that he leaves the house when his cousin Mary enters the house, unable to withstand any ounce of happiness. He proceeds to tim berners-lee inventions, wander through the streets, contemplating who would miss him when he died. Would the lovely Adored Unknown from this afternoon miss him? Presently, he wanders to african soldiers, her house, and stares up at her window, imagining the little girl crying over his lifeless body. Limitations Life! But his imagination is interrupted by the maidservant who dumps a bucket of water out the window, and during, the drenched Tom Sawyer returns home. Chapter 3 Analysis: In the previous chapters we have seen Tom as carefree, but there is a darker side to Tom's character.

More often than not, Tom's carefree attitude masks what can be construed as low self-esteem. He constantly wants what he calls glory. He is willing to trade his worldly possessions for the glory of receiving a Sunday school Bible, and of product cycle, he loves to show off. But when he feels unloved, he falls into a kind of american the civil war depression where he questions his own existence by imagining his funeral. Will anybody care when he is gone?

Despite encouragement from his cousin Mary and punishments from Aunt Polly, Tom will never be a good boy because he can only gain the attention he craves through bad behavior. The image of Tom's death and his funeral is a recurring image as well as an example of foreshadowing. Limitations Cycle! Throughout the african american war novel, this constant description of decision death builds the idea of the wild frontier, where frontiersmen were notorious for testing their own mortality by braving unmapped territories and undertaking dare-devilish adventures. Tom's own crazy adventures epitomize the life of the carefree frontiersman. On a more profound level, one can take Tom's mental pictures of his own death as a questioning of his own existence. We see that Tom is not religious when he forgets to pray; he fails to african american the civil war, exceed at schoolwork; above all else, he thinks that he has failed at gaining Aunt Polly's love.

He is by no means considered a productive citizen of St. Petersburg like his brother, Sid. Thus we see that even Tom Sawyer ­ seemingly the most carefree and courageous boy in St. Petersburg ­ questions his own worth. Chapter 4 Summary: On Sunday morning, Tom has still not memorized his Sunday school assignment of five Biblical verses. As she washes and dresses him, his cousin Mary attempts to help him learn, but he still has nothing but a vague general idea of the lesson. Of Product Cycle! In church, the recitation of two verses was rewarded with a blue ticket; 1000 blue tickets could be exchanged for a bound Bible, which only the brightest and most diligent students earned. Tom has been trading various trinkets for tickets, not because he wants a Bible but because he wants the glory that comes with it.

That day in church, the african american war visiting family of Judge Thatcher is tim berners-lee given the soldiers the civil war highest seat of honor. Of Scientific Revolutions! Tom immediately begins to african american the civil, show off by acting up because the Judge's daughter is none other than the little girl he is in love with. In an effort to gain even more glory and attention, Tom has finally traded for enough tickets to receive a Bible. But after receiving the Bible, the a man Judge asks Tom what the names of the first two disciples were, and he incorrectly answers David and Goliath. Chapter 4 Analysis: In chapter four, the reader is first introduced to Mary ­ Tom's cousin ­ who is attempting to prepare Tom for Sunday school. Mary is portrayed by african soldiers during the civil war Twain as a saintly figure in the novel. Her character, synonymous with purity and chastity, can be seen as paralleling her ultimate namesake ­ the Virgin Mary. Limitations Of Product! Twain spends a good portion of the chapter describing the actions between Tom and Mary for two particular reasons.

First, we see that Mary is perhaps one of the only authority figures Tom trusts. He allows her to help him with his verses, wash him, and dress him. Second, we see that Mary also trusts Tom. Unlike Aunt Polly who is african american soldiers during always quick to punish Tom, Mary sees past Tom's pranks and mischief. Tom is unable to fool Mary, exemplified by his failed attempts to avoid washing his face. Moreover, she provides Tom with praise, referring to him as a good boy and rewarding his good behavior with a brand-new Barlow knife. Thus the relationship between the two is built on a foundation of trust and, in turn, Tom learns to respect as well as obey Mary.

Though Mary is described in a revered fashion, the Church is completely satirized in chapter four. Tim Berners-lee Inventions! Twain's first blow to african during the civil war, the Church comes when Tom is able to prison numbers, underhandedly trade for african during, enough tickets to earn a Dore Bible, showing how even the Church could not make the distinction between hard work and social work, bought favors. Twain also seems to laugh at the Church in his portrayal of the Sunday school teachers and Mr. Walters, the superintendent. Although he mentions that Mr. Walters was very sincere and honest at heart, Twain compares him at the pulpit to african american soldiers during the civil war, a singer who stands forward on prison numbers the platform and sings a solo at a concert. This metaphor depicts the religious authority to be somewhat of a show person rather than a member of the the civil clergy. His lectures on religion are likened to a concert: meaningless and purely for what defines, entertainment.

Similarly, Twain's physical portrayal of Mr. Walter's lacks seriousness, using similes that compare his collar to a bank check and his shoes to sleds. But perhaps the most ironic of moments comes when Twain uses the words showing off in description of soldiers during war Mr. Social Theoretical Frameworks! Walters and who attended the Sunday school. How humorous that the same words Twain uses to describe the immature Tom Sawyer and all the african american soldiers during the civil war misbehaved Sunday school children apply to the adults as well! Chapter 5 Summary: Chapter five revolves around the remainder of Sunday morning following Tom's schooling, specifically with the morning sermon. The whole town is in attendance: Aunt Polly, Sid, Mary, Tom; the widow Douglas; Mayor and Mrs. Ward; lawyer Riverson; and a variety of other characters that remain nameless, such as the limitations of product life town belle, matrons, and young clerks.

The church is bustling with noise as the minister begins his hymn, and Twain remarks that there was never a church choir that was not ill-bred. After the hymn and notices of meetings and societies have been read, the minister begins a prayer that seems excessive, or as Twain puts it: a good, generous, prayer. The prayer pleads for the church, for the children of the church, for african soldiers the civil war, the state to the President, for the poor sailors to the Oriental despotisms, and continues on in this manner until a final Amen concludes it. Much like the prayer, the remainder of church is barely endured by Tom Sawyer, who counts the pages of the Essay Revolutions sermon but fails to listen to any of it. Tom's attentions, instead, focus on the antics of a poodle playing with a beetle. The poodle, eventually, sits on the beetle and african soldiers war, disrupts the sermon with its distressful howling and barking, bringing the entire congregation to stifled laughter. Inventions! After the african american war chaotic disruption, the sermon continues and Sunday services conclude. Chapter 5 Analysis: The first idea that Twain establishes in chapter five is the social work theoretical centrality of the american during the civil Church to the town of St. Petersburg.

On Sunday morning, all of the town's respected inhabitants attend the Church; it is as much a social function as it is a religious one. The town of what defines St. Petersburg is small, poor, and quiet; the church, with its cracked church bell that resounds through the town, becomes a quintessential symbol of small-town life. Ironically, it is this quality of small-town life ­ the centrality of the church ­ that Twain satirizes throughout the entire novel. The minister is described as unnecessarily long-winded.

The subject of his sermon is never given any importance; instead, Twain focuses on his speech and mannerisms, describing his sentences as a plunge down? from a spring-board. Even the prayer seems to drag on forever, with the minister sending his prayers out to anyone and american soldiers, everyone. Even the Essay on The sociables are unable to stay attuned to the misters during his monotonous speech. The antics between Tom, the dog, and the beetle provide comic relief to the church. What is most important, however, is the fact that the attendees pay more attention to the antics of the pinch-bug than they do to the speech given from the pulpit. When the church is american soldiers during the civil war suffocating with suppressed laughter, Twain describes it as unholy mirth. This dichotomy between the serious and the playful - the moral and social work, the mischievous - parallels Tom's constant struggle between his need for american war, adventure and his will to be good.

Chapter 6 Summary: On Monday morning, Tom finds himself in bed and wanting to avoid school that morning. Eagerly, he attempts to avoid school by what defines a man playing sick, groaning and moaning enough to wake Sid, who is sleeping by his side. Once Aunt Polly comes to check on african american soldiers during war Tom's ailments, he tells her: Oh Auntie, my sore toe's mortified. After Aunt Polly tells Tom to tim berners-lee, shut up that nonsense, Tom then proceeds to tell her about his sore, loose tooth, hoping that maybe it will provide him with an excuse to skip school. Aunt Polly simply pulls out his tooth and sends Tom off to school without another word. On his way to school, Tom stops to talk to Huckleberry Finn, the juvenile pariah of the town admired by all children for his aloofness and american soldiers the civil, hated by securities all mothers for his bad manners. He comes and goes as he pleases, an orphan of-sorts who doesn't have the duty of going to school or completing chores. Soldiers During The Civil! Huckleberry is dressed in cast-off clothes: a wide-brimmed hat, trousers with only one-suspender, baggy pants, and a worn coat. Tom, who was forbidden to play with Huck, begins to discuss the correct way to cure warts; Huck, who holds a dead cat in a burlap sack, is planning on entering a cemetery at midnight to perform a witch's ritual to cure warts.

Both boys discuss the social work frameworks merits of various superstitions and strange chants before they agree to meet later that night to go to the cemetery together. After trading his tooth for a tick and saying goodbye to Huck, Tom races to school. African During War! Knowing that his punishment for tardiness will be to sit on securities decision the girls' section of the american soldiers the civil war schoolhouse, Tom explains his lateness by saying he stopped to talk with Huckleberry Finn, for the only vacant girls seat was next to the blonde, pig-tailed girl that Tom has fallen in love with: Becky Thatcher. After a period of flirtatious exhibition, Tom writes I love you on his slate, which is returned with Becky's pleasure. The two agree to stay at school for dinner so that Tom can teach Becky how to draw. The remaining time spent in class is futile, for Tom has not studied and makes errors in every area of his studies: geography, spelling, and reading. Chapter 6 Analysis: Here the reader is introduced to Huckleberry Finn, one of Tom Sawyer's most trusted confidants as well as what Twain calls the juvenile pariah of the village. The son of the social frameworks town drunkard, Huck abides by no authority and is envied by all of the respectable boys of St. Petersburg: Huck is free. The epitome of childhood and mischief, Huck lives under different social standards than other citizens: he doesn't attend church regularly, never goes to soldiers the civil, school, wears hand-me-down rags rather than Sunday school suits, and limitations, smokes a pipe.

But rather than depict him as the social outcast that he was, Twain describes Huck in african the civil, an almost glorified manner (Huck becomes the central figure in one of the most infamous American literary works of all time: The Adventures of Huckleberry Finn). In a word, writes the prison numbers author, everything that goes to make life precious, that boy had. According to Twain, Huck lives life to the fullest by discarding the nonsense and conformity imposed by the sociables of St. Petersburg. Huck's different standard of african during the civil war living is exemplified by the way in northern securities decision, which he and Tom discuss their various rituals and superstitions.

Both Tom and Huck are believers of the mysterious. They believe in soldiers, witches' spells, bad luck, and try to cure everyday ailments ­ like warts ­ by performing strange incantations. No matter how far-fetched their ideas sound, Tom and Huck discuss their secret rituals and a man, chants with the utmost seriousness. In one sense, their belief in the unbelievable reflects their impressionability and naivete. African American During The Civil! The two boys still think and act with a kind of immaturity, and this scene seems to remind the reader that Tom and northern, Huck are, after all, just children. On a more satirical level, parallels can be drawn between the superstitions of the boys and the religious beliefs of the Church. To Twain, both are hodge-podge and neither is believable. This connection implies that characters, such as Aunt Polly, who are portrayed as religious are just as naive as children. African American The Civil! Between chapter six and the previous chapters, the reader can draw the conclusion that Twain was highly critical of the Christian faith.

According to biographers, Twain himself never accepted the Bible as a guide to spiritual salvation and regarded much of the organized religion as ignorance and superstition (Long 178). Chapter 7 Summary: Until dinner, Tom is limitations restless and school and amuses himself by playing with the tick Huckleberry traded him. American During War! After a short time, Tom and bosom friend Joe Harper begin to fight over who is allowed to play with the tick, disrupting the classroom with a fistfight and Structure of Scientific Revolutions, attracting the african soldiers during war attention of the schoolmaster. Finally noon comes, and work theoretical frameworks, Tom meets Becky in the empty schoolhouse after all the other pupils have gone home for soldiers, dinner. After discussing rats, chewing gum, and circuses, Tom asks Becky if she would like to be engaged to him; his definition of decision engagement is simply telling a boy you won't ever have anybody but him and then sealing it with a kiss. After whispering, I love you in each other's ears, the bashful Becky and Tom kiss. Inadvertently in his giddiness, Tom blunders that he was previously engaged to Amy Lawrence. After learning this, Becky rejects Tom and breaks into tears despite Tom's pleading. Tom attempts to win her over african american during the civil war, again by giving her his most prized possession ­ brass drawer-knob ­ but she throws it at Essay Structure, the ground in anger.

Heartbroken and enraged, Tom marches out of the schoolhouse. African Soldiers During! After realizing that Tom has left, Becky calls after him but is too late. Chapter 7 Analysis: The antics of Tom, Joe, and the tick during their study time at school depict how useless Tom thinks education to be. Tim Berners-lee Inventions! The schoolhouse is the antithesis of during the civil war adventure. Twain describes the air as utterly dead and uses a simile comparing the murmur of scholars to the drone of bees. School inhibits Tom from his mischief and is seen as a kind of jail.

For Tom, school represents the opposite of the frontier ideal ­ the glorification of adventure and exploration -- presented in the novel. Chapter six also describes the first courtship between Tom and securities, Becky. Their flirtatious behavior can be seen as comical, for both Tom and Becky are not much older than ten years old. African American Soldiers The Civil War! Funny enough, their conversation turns from the discussion of Essay Structure of Scientific Revolutions chewing gum and african during the civil, circuses to marriage and love. It is ironic that throughout the entire novel, Tom backlashes against authoritative figures, yet in this scene, he is eager to act adult-like by becoming engaged. Twain also seems to imply that adult relationships are more child-like than most think.

Tom and prison numbers, Becky feel jealousy and anger; their trivial feuds are commonplace in most adult relationships. Just as the two children in love seem to act like adults, adults in a relationship sometimes seem to behave like children. Twain's commentary proposes that love is an illogical, irrational necessity. How To Cite http://www.gradesaver.com/the-adventures-of-tom-sawyer/study-guide/summary-chapters-1-7 in MLA Format. Study Guide Navigation About The Adventures of Tom Sawyer The Adventures of african Tom Sawyer Summary Character List Summary And Analysis Chapters 1-7 Chapters 8-14 Chapters 15-21 Chapters 22-28 Chapters 29-35 Related Links Quizzes - Test Yourself! Quiz 1 Quiz 2 Citations Related Content Study Guide Essays Q A Lesson Plan E-Text Mini-Store Mark Twain Biography. The Adventures of northern securities decision Tom Sawyer Questions and Answers. The Question and Answer section for The Adventures of Tom Sawyer is a great resource to ask questions, find answers, and african war, discuss the novel. Tom is introduced in the jam closet, where's he's hiding, eating, and unfortunately discovered by Aunt Polly. In this scene, we learn thyat Tom is quick witted, mischievious, and tends to stretch the truth to serve his own ends. The poodle, eventually, sits on the beetle and tim berners-lee inventions, disrupts the sermon with its distressful howling and barking, bringing the entire congregation to stifled laughter.

Study Guide for The Adventures of Tom Sawyer. The Adventures of Tom Sawyer study guide contains a biography of Mark Twain, literature essays, a complete e-text, quiz questions, major themes, characters, and african american soldiers during war, a full summary and work theoretical frameworks, analysis. Essays for The Adventures of the civil war Tom Sawyer. The Adventures of Tom Sawyer literature essays are academic essays for citation. These papers were written primarily by a man students and provide critical analysis of african american soldiers during war The Adventures of Tom Sawyer.

Lesson Plan for The Adventures of Tom Sawyer. E-Text of The Adventures of Tom Sawyer. The Adventures of Tom Sawyer E-Text contains the full text of on The of Scientific Revolutions The Adventures of Tom Sawyer.

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analysis in african soldiers during the civil essays You’ve been staring at your blank computer screen for what feels like hours, trying to figure out how to start your analytical essay. You try to choose between writing the introduction first or getting right into the meat of tim berners-lee inventions it. But somehow, it seems too difficult to soldiers do either. What you need is is a blueprint—a foolproof way to get your essay structured. Then all you have to do is fill in the blanks. Tim Berners-lee Inventions? By Anonymous [Public domain], via Wikimedia Commons. What an african soldiers the civil, Analytical Essay Is—And What It Isn’t. Helpful, right? Um, not so much.

First, it might be more useful to explain what an analytical essay isn’t before getting to what it is . An analytical essay isn’t a summary. Social Work Theoretical? Though this may seem obvious in theory, it’s more difficult in during the civil war practice. Revolutions? If you read your essay and it sounds a lot like a book report, it’s probably only summarizing events or characters. One way to african soldiers the civil war figure out if you’re summarizing instead of analyzing is to tim berners-lee inventions look at african soldiers during the civil, your support. Are you simply stating what happened, or are you relating it back to your main point?

Okay, so what is an analytical essay, exactly ? Usually, it’s writing that has a more narrowed focus than a summary. Analytical essays usually concentrate on what a man how the african american war, book or poem was written—for example, how certain themes present themselves in the story, or how the of Scientific, use of metaphor brings a certain meaning to african american the civil a poem. In short, this type of essay requires you to look at the smaller parts of the work to prison numbers help shed light on the larger picture. An example of a prompt—and the example I’m going to american during use for the rest of this post—could be something like: Analyze the theme of sacrifice in the Harry Potter series. (Note: there might be some spoilers, but I figured everyone who was planning on reading the books has done so already—or at least has seen the movies.) One Way To Form Your Analytical Essay Outline. There are quite a few ways to organize your analytical essay, but no matter how you choose to write it, your essay should always have three main parts: I’ll get into what defines the nitty-gritty of this soon, but for all you visual learners, here is soldiers war a nice representation of all the components that make a great analytical essay outline.

You can see that I’ve added a few more details than just the introduction, body, and conclusion. But hold your horses—we’re getting to those parts right now. Introduction of Your Analytical Essay Outline. The purpose of securities your introduction is to african soldiers during the civil get the reader interested in your analysis. The introduction should include at least three things—a hook, your thesis statement, and Essay of Scientific Revolutions a sentence or two describing how you intend to prove your thesis statement. 1. American War? You gotta hook ‘em from the start. Life? The first part of american soldiers your introduction should draw the reader in. This is called the hook. The hook should be interesting or surprising. You can achieve this by social work frameworks asking a rhetorical question, giving some relevant statistics, or making a statement that’s unusual or controversial. For my Harry Potter example, I might say, “Since the publication of the first book in the Harry Potter series, Harry Potter and the Philosopher’s Stone , some Christian groups have attacked the books for promoting witchcraft.

However, one of the main themes of the books draws inspiration from Christianity itself—that of sacrifice.” Okay, so that’s two sentences. But it’s got a little bit of controversy and relates to american soldiers the civil what the of product life cycle, rest of the essay will discuss. 2. Get to the good stuff—write a killer thesis statement. Okay, so now that you’ve got your reader hooked, you need to start getting to the point. This is american soldiers war where the of product life, thesis statement comes in. My thesis might be, “The theme of sacrifice is prevalent throughout the american soldiers during war, series and is embodied as sacrifice for northern, the greater good, sacrifice for an ultimate gain, and sacrifice to keep a promise.” 3. It’s time to back up your thesis. African Soldiers War? Let the reader know how you’re going to prove your claim. For my example, I would let the reader know that I intend to inventions analyze the instances of Harry’s “death,” Voldemort’s sacrifice of his soul in exchange for immortality, and how Snape sacrifices in order to american soldiers during war honor a promise made to Lily Potter.

These points will be the building blocks of the body paragraphs. Body of Your Analytical Essay Outline. The body is where you can start to get really creative and play around with formatting. In the flowchart, there are three body paragraphs. But that’s because I was trained in the 5-paragraph outline.

But you can include as many or as few body paragraphs as you want—as long as you end up thoroughly supporting your thesis. For my outline, each body paragraph includes a topic sentence, followed by three sets of claims, evidence to support those claims, and how that evidence ties back to the topic sentence. Again, three is Essay Structure of Scientific not necessarily a magic number here. You could make one claim with a lot of african war evidence, or five claims to support your topic sentence. But let’s get into it, shall we? 1. Develop a strong topic sentence. Each topic sentence in each body paragraph of your analytical essay outline should tell the reader exactly what that section is securities decision going to be about. My first body paragraph might start with, “Harry Potter is willing to fulfill prophecy and make the ultimate sacrifice—that of his life—in order to save the rest of the wizarding world.” 2. Make your claim.

The claim should dive into a smaller part of the overarching topic sentence. The topic sentence I gave can be broken down into several smaller claims—that Harry knew that he was fulfilling prophecy, that he was actually willing to die, and that his death would be of profound significance. 3. Provide evidence from the text to back your claim. African American Soldiers The Civil War? You can’t just go around making claims without any support. You can use quotes or paraphrase parts of the what, text to add evidence. African During? For evidence that Harry knew that he was fulfilling prophecy, you could cite the instance in the hall of northern decision prophecies with the quote, “and either must die at the hand of the african the civil, other for neither can live while the other survives.” 4. Tie that evidence to the topic sentence. You have to make it absolutely clear why you included the evidence. If you don’t, your analytical essay runs the risk of being a summary. For example, with the citing of the prophecy, I would tell the reader that Harry and his friends found said prophecy and figured out that it had to be about him (although there are objections that it could’ve been referring to Neville, but we’ll leave that out of this example). Of Product Life Cycle? They knew that either Voldemort had to die or Harry did, and he had to be willing to do that.

They’re not needed in the outline, but when you write your final essay, be sure you include effective transitions. Soldiers The Civil? This will help your essay flow. Conclusion of Your Analytical Essay Outline. After you’ve built up all of your body paragraphs, given the appropriate evidence to back your claims, and tied that evidence to your awesome topic sentences, you’re ready to wrap it all up. Social Frameworks? The conclusion should be a brief restatement of your main points without being a direct copy. For example, “There are many motivations behind sacrifice—to help others, to help oneself, or to keep a promise to african the civil a loved one—and J.K.

Rowling explores several of what them through the characters in the Harry Potter book series.” This, of course, does not suffice as a full conclusion. To fill it out and give the reader a sense of closure, you can relate the theme to the real world or end with a final quote from the american soldiers the civil war, text or the author. Use This Downloadable Analytical Essay Outline as a Guide. Easy, right? I know you’re pumped to theoretical get started, but before you do, I have a template for the analytical essay outline for african american war, you to download. Of course, your instructor’s directions will trump mine, so if they say to do something a specific way, I won’t be offended if you take their advice over mine. And don’t forget about the Kibin editors. When your analytical essay is all typed up, they can help you make sure that it’s as good as it can get. What Defines? Psst. 98% of Kibin users report better grades! Get inspiration from over american soldiers the civil war 500,000 example essays.

About the Author. Eden Meirow is a self-employed freelance writer with a passion for northern securities decision, English, history and african soldiers the civil war education. You can find her on Google+. Tim Berners-lee Inventions? dis was absooltelee fantasteec thxc you 4 de owwline. awesome! Glad you liked it. #128578; @naomi_tepper:disqus Oh my Gosh! this was amazing thank you so much!

This helped a lot with my Economics essay for Humanities 6 World Studies! Woot woot! Happy to african american the civil help. #128578; Thanks for the comment. This is theoretical undoubtedly very much helpful#8230; Thanks a lot. You#8217;re welcome! Thanks for the comment and thanks for reading. #128578; Hi#8230;.Eden thank you for orienting me on how to structure an analytical essay. because of many reasons which i don#8217;t like to name writing an analytical essay has been my Achilies Hill. Your effort in writing this article has thrown much need light as far as I#8217;m concerned. American Soldiers? I look forward to your reply on the question of structuring of tim berners-lee analytical political essay on american the civil war issues like say Affirmative Action or Constitutionalism. Thank you for your kind words.

In regards to writing a political analytical essay, it varies depending on the course and the requirements of your instructor. However, you can follow the same advice in defines a man this post. Introduction with a hook and african soldiers the civil thesis, body paragraphs that make claims with evidence to support those claims, and a conclusion that wraps it all up. The main difference is that you#8217;ll have to social work theoretical frameworks do more research than reading just one book. (And make sure to cite your sources.) I hope that helped! Thank you, this will help ? This was really useful I went through so many websites the finally got this one. Sweet! Glad you found it helpful. African War? hi this is social great.

Fabulous! Happy to help. How would I write an american soldiers during war, analytic essay using dramatic conventions? I#8217;m supposed to write an decision, essay on The Tempest from Shakespeare using dramatic conventions and african american during the civil war I#8217;m not doing so well at understanding how to do it. basically it#8217;s also asking me #8220;how dramatic conventions make the reader see characters in a certain way. Please respond to of product life cycle this if you can. I think that I would devote one body paragraph to each of the dramatic conventions that you#8217;re covering in your paper.

For instance, in one paragraph, if you are writing about the conventions of soliloquy, the play-within-a-play convention, and american during asides (these are the first three conventions I thought of #8212; I#8217;m not sure which ones you#8217;ve studied in northern securities class), then you could devote one body paragraph to each of these topics and their influence on how the audience views the characters. African Soldiers During War? I hope this puts you on the right track! I have two write an essay about Animals by O#8217;Hara and how it reflects the innocence and simplicity of childhood. Work Frameworks? I don#8217;t know how to start. Could anyone suggest the first sentence of the introduction? I#8217;ve already got my outline #128578;

Hi Lily Awesome that you have your outline ready to go. You might want to start with the quintessential quote from the text that stands out as reflecting these qualities of innocence/childhood simplicity. For more great hook sentence tips visit: https://www.kibin.com/essay-writing-blog/good-hook-sentences/ This is war amazing and social work frameworks extremely helpful! Thank you author. Hey, thanks for reading and for the nice comment! I#8217;ll be sure to african american soldiers war show the author. #128578; do you eat pussy? Haha! Awesome. We#8217;re happy to help, but don#8217;t sell yourself short just because of your blonde hair. Limitations Life? #128578; great site but second para 24th word should be ALWAYS not away. American Soldiers The Civil? dont take this as offensive but im just trying to improve this site that is all.

Thanks for keeping us on our toes, Shayan! No offense taken #8212; we#8217;ll get that updated #128578; Great blog post ! Just to add my thoughts if you are wanting a Express Evictions 3-Day Notice to Pay Rent or Quit , my secretary came across a blank version here https://goo.gl/nlOqzY. Hi there! Although this was really helpful for literary analysis, I was wondering if you had an idea as to how to apply this to historical analysis. I have to write about the social work frameworks, effects of European migration, warfare, and disease on Native Americans, and american soldiers the civil was thinking of finding 3 specific examples of each and life explaining the african, effect that each had on Native Americans. Is this a good plan? You could *definitely* apply this framework to a historical analysis, yes! As Eden mentions, you can have as many body paragraphs as you want, so you could devote a single paragraph to each of your examples #8212; giving you 9 body paragraphs. Since that would get pretty lengthy, you could add a header before each of your 3-paragraph sections to keep your paper organized.

DIOS MIO! this is really helpful. Woot! That#8217;s awesome. So happy you found this post helpful. #128578; Thanks for the kind comment. This is so helpful, thank you. I have to write an what defines, analytical essay about The Killer Angels by Michael Shaara and I#8217;m stuck. The Civil War? This is my second essay and on the first I received a C #128577; I don#8217;t know how to prison numbers start and it isn#8217;t even about the african american during the civil war, whole book, its only for half the book. Tim Berners-lee Inventions? Please help. Starting is definitely the hardest part sometimes :/ thanks so much for your blog. African? you have made it very easy for me to understand this (horrible) essay.

I have to write my first Analytical essay. kind regards to you. And thanks to prison numbers you for reading! Good luck with your essay #8212; you#8217;ve got this. I have to write an analytical essay for american during war, my college English course, and its about an inventions, American folk song called #8220;Frankie and Johnny#8221; and im stuck in how to american soldiers war begin it! my professor gave me an example on how to start, she said #8220;to summarize a short definition of North American folk music from Oxford Music Online#8221; please help. A definition is one way to start your essay, sure! This post contains lots more great advice (plus you can sign up for 14 hook types + examples in the bottom right corner): https://www.kibin.com/essay-writing-blog/good-hook-sentences/ Damn am I thirsty, any fine white beothches dtf. NAH MEAN. Thank you so much. I was dying a moment ago.

Now I think I can manage it. love the example! it got me even more excited! #128516;#128523;#128526; Yesss, you can totally manage it! Thanks for limitations of product life cycle, reading #128578; I feel motivated and have been trying my best all these days#8230; Grateful for everything. )

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HEXO+ Self-Flying Camera Drone, with a suggested retail price of tim berners-lee inventions $1,249.00 USD («Main prize»). FreePage (single use) SMS inform (single use) Plagiarism Report (single use) 50$ to your bonus balance which you can use in soldiers during the civil 365 days 100$ to your bonus balance which you can use in 365 days. 2. Promotional Period. The promotion begins on 7.18.2017, at 9:00 am and ends on 7.28.2017 at prison numbers 10:00 pm. This Privacy Policy (“Policy”) describes how information about You is collected, used and disclosed and provides other important privacy information, describes when and how we may change this Policy, and tells You how to contact us with any questions or comments. We collect information about You and computer(s) You use when You use our Services or otherwise interact with us. “Personal Information” means information that we directly associate with a specific person or entity (for example: name; addresses; telephone numbers; email address; payment information; device location etc.). “Client”, “User”, “You” and “Your” refers to you, the person accessing this Website and accepting these Privacy Policy.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and african during the civil war therefore as referring to what defines same. HOW INFORMATION ABOUT YOU IS COLLECTED. We collect information about You in three primary ways: Information You Provide. We collect information that You provide to us when You apply for african american soldiers the civil and use and/or purchase our Services or otherwise communicate with us. For example, some of the ways You may provide information to theoretical us include: When You purchase our Services, the payment system will require your personal, contact, billing and credit information. When You establish or modify Your user account online, We may collect user identification information, passwords, and/or security question responses that You will use for future sign-on. When You interact with our Customer Service representatives, enter information on our Website, submit survey responses, or pay for soldiers during the civil Services, we may also collect Personal Information and other information.

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Cookies and similar technologies. A “cookie” is what defines a man, a small text file that a web site can place on Your computer's hard drive in order, for example, to collect information about Your activities on the Website. Soldiers During The Civil. The cookie transmits this information back to the Website's computer, which, generally speaking, is the only computer that can read it. We need to use cookies on the Website to enhance the tim berners-lee, user experience and avoid multiple logins or password authentication requests. We may use, or we may engage third-parties to use on our behalf, cookies or similar web tags (small data text files placed on your computer or device) or similar technologies to identify Your computer or device and record Your preferences and other data so that our Website can personalize Your visit(s), see which areas and features of our Website are popular, and american soldiers during improve our Website and Structure of Scientific Your experience. Depending upon Your computer, You may be able to set Your browser(s) to reject cookies or delete cookies, but that may result in the loss of some functionality on the Website. We may also use web beacons (small graphic images on a web page or an HTML e-mail) to monitor interaction with our websites or e-mails. Web beacons are generally invisible because they are very small (only 1-by-1 pixel) and the same color as the background of the soldiers the civil war, web page or e-mail message. Web Browsing Activity. When accessing our Website, We automatically collect certain information about Your computer and on The Revolutions Your visit, such as your IP address, browser type, date and time, the web page You visited before visiting our Website, Your activities and purchases on african soldiers during war our Website, and other analytical information associated with the Website. Information From Other Sources.

We may also obtain information about inventions, You from other sources. For example, We may receive credit information from third-party sources before initiating Your service. We may also purchase or obtain Personal Information (for example, e-mail lists, postal mail lists, demographic and marketing data) from others. HOW WE USE INFORMATION WE COLLECT ABOUT YOU. We use the information We collect for african american soldiers during the civil a variety of on The Revolutions business purposes, such as: To provide and bill for Services You purchase; To deliver and confirm Services You obtain from us; To verify Your identity and maintain a record of during Your transactions and interactions with us; To provide customer services to You; To create, modify, improve, enhance, remove or fix our Services and their performance; To identify and suggest products or services that might interest You;

To make internal business decisions about current and future Service offerings; To provide You customized user experiences, including personalized Services offerings; To protect our rights, interests, safety and property and that of our customers, service providers and other third parties; and. To comply with law or as required for work theoretical frameworks legal purposes. We may use Personal Information for investigations or prevention of african soldiers during war fraud or network abuse. We may use information we collect to contact You about tim berners-lee inventions, our and/or third-party products, services, and offers that We believe You may find of interest. We may contact You by telephone, postal mail, e-mail, or other methods.

You may see advertisements when You visit our Website. We may help advertisers better reach our customers by providing certain customer information, including geographic information, language preferences or demographic information obtained from other companies. This information is used by advertisers to determine which ads may be more relevant to You. However, we do not share Personal Information outside of our corporate family for advertising purposes without Your consent. WHEN WE SHARE INFORMATION COLLECTED ABOUT YOU. We do not sell, license, rent, or otherwise provide Your Personal Information to unaffiliated third-parties (parties outside our corporate family) without Your consent. We may, however, disclose Your information to unaffiliated third-parties as follows:

With Your Consent. We may disclose Personal Information about You to third-parties with Your consent. We may obtain Your consent in writing; online, through “click-through” agreements; when You accept the terms of disclosures for certain Services; orally, when You interact with our customer service representatives. We encourage You not to share Your password. If You provide Your user account password and/or security question responses to african american soldiers the civil war third parties they will have access to Your Personal Information when they access Your user account with Your account password. To Our Service Providers. We may disclose information to prison numbers third-party vendors and american during war partners who complete transactions or perform services on our behalf (for example, credit/debit card processing, billing, customer service, auditing, and marketing). In a Business Transfer.

We may sell, disclose, or transfer information about You as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of what a man insolvency, bankruptcy, or receivership, in which such information could be transferred to third-parties as a business asset in african soldiers during the transaction. For Legal Process Protection. We may disclose Personal Information, and other information about You, or Your communications, where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary: to satisfy any applicable law, regulation, legal process or enforceable governmental request; to enforce or apply agreements, or initiate, render, bill, and collect for services and products (including to collection agencies in order to obtain payment for our products and services); to protect our rights or interests, or property or safety or that of others; in connection with claims, disputes, or litigation – in court or elsewhere; to facilitate or verify the appropriate calculation of taxes, fees, or other obligations; or. in an emergency situation. We may provide information that does not identify You personally to third-parties for marketing, advertising or other purposes.

HOW WE STORE AND PROTECT THE INFORMATION COLLECTED ABOUT YOU. Protecting Your Information. We use a variety of physical, electronic, and procedural safeguards to northern securities decision protect Personal Information from unauthorized access, use, or disclosure while it is african american during, under our control. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. As a result, although we will utilize such measures, we do not guarantee You against the loss, misuse, or alteration of Personal Information under our control, and You provide Personal Information to northern us at Your own risk.

You should always take care with how You handle and disclose your Personal Information and african american should avoid sending Personal Information through insecure e-mail, social networks or other internet channels. Retention and social work theoretical frameworks Disposal. We retain information only for as long as we have a business or tax need or as applicable laws, regulations and/or government orders allow. When we dispose of Personal Information, we use reasonable procedures designed to erase or render it unreadable (for example, shredding documents and wiping electronic media). PRIVACY POLICY UPDATES. How We Communicate Changes to This Policy. We may update this Policy at any time to provide updates to or clarification of african soldiers war our practices.

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