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IN THE COURT OF APPEALS OF THE STATE OF KANSAS
NATHANIEL L. SWENSON,
1. A trial court has discretion to ascertain whether a claim in a K.S.A. 60-1507 motion is substantial before granting an evidentiary hearing and ordering the movant's presence at the hearing.
2. Under K.S.A. 22-3201(e), the trial court may permit a complaint or information to be amended at any time before verdict or finding if no additional or different crime is charged and if substantial rights of the defendant are not prejudiced.
3. Before trial, the trial court has discretion to allow a complaint to be amended, including the charging of a different crime, provided that the substantial rights of the defendant are not prejudiced.
4. The movant in this case has not shown that amendment of the complaint before trial to charge a different crime prejudiced his substantial rights.
5. Under the facts of this case, because the movant was not convicted of the charge added in the second information, any argument that such information was jurisdictionally defective is moot.
6. Kansas Supreme Court Rule 183(j) (2005 Kan. Ct. R. Annot. 228) requires that the trial court make findings of fact and conclusions of law on all issues presented in a K.S.A. 60-1507 motion. In reviewing the trial court's findings of fact and conclusions of law, an appellate court looks not only to the journal entry but also to the trial court's oral comments at the time of the hearing. If the record contains a transcript of the trial court's oral findings and conclusions and they meet Rule 183(j)'s requirements, then remand is not required.
7. As an appellate court our function is to determine whether the trial court's factual findings are supported by substantial competent evidence and whether those findings are sufficient to support the trial court's conclusions of law.
8. The decision of whether to call a particular witness is a matter of trial strategy. On the other hand, defense counsel cannot make a strategic decision against pursuing a line of investigation when facts have not been obtained upon which that decision could be made.
9. An evidentiary hearing is necessary in this case to determine whether movant's trial counsel was ineffective for failing to investigate a potential exculpatory witness.
10. When a claim is made that the trial court was ineffective for failing to move to dismiss or to vacate the judgment that alleged a defective information or complaint, the common-sense rule announced in State v. Hall, 246 Kan. 728, 793 P.2d 737 (1990), will be used to analyze the prejudicial prong in the test for ineffective assistance of trial counsel.
11. Under the common-sense rule announced in State v. Hall, 246 Kan. 728, 793 P.2d 737 (1990), the complaint or information is construed liberally in favor of validity and the record is reviewed as a whole. The sufficiency of the charging document will be determined on practical considerations. To succeed, the defendant must show that the alleged defect either: (1) prejudiced the defendant's preparation of a defense; (2) impaired the defendant's ability to plead the conviction in any subsequent prosecution; or (3) limited the defendant's substantial rights to a fair trial.
12. Although a defendant does not have a constitutional right to pursue a discretionary appeal to our Supreme Court, K.S.A. 2005 Supp. 22-4505(b) provides a statutory right to counsel when the defendant appeals his or her felony conviction.
13. The movant in this case has failed to show prejudice from his appellate counsel's failure to timely file a petition for review with our Supreme Court.
Appeal from Sedgwick District Court; JOSEPH BRIBIESCA, judge. Opinion filed May 19, 2006. Affirmed in part, reversed in part, and remanded with directions.
Michael P. Whalen, of Law Office of Michael P. Whalen, of Wichita, for appellant.
Kristi L. Barton, assistant district attorney, Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, for appellee.
Before MALONE, P.J., GREEN and BUSER, JJ.
GREEN, J.: Nathaniel Swenson appeals from the trial court's denial of his K.S.A. 60-1507 motion. First, Swenson argues that the trial court in his underlying criminal case should not have allowed the State to amend the complaint. We determine that the State's amendment of the complaint before trial to charge attempted first-degree murder was proper as there was no indication from the record that Swenson's substantial rights were prejudiced. Moreover, Swenson's argument relating to the State's amendment of the complaint during trial to alternatively charge aggravated battery is moot because Swenson was never convicted of this offense.
Next, Swenson contends that the trial court failed to make adequate findings of fact and conclusions of law on all the issues presented in his 60-1507 motion. With the exception of one ineffective assistance of counsel issue, we determine that the trial court's factual findings and legal conclusions adequately addressed the issues in this case. Next, Swenson asserts that his trial attorney was ineffective for failing to investigate exculpatory witnesses; for failing to move for arrest of judgment; and for failing to provide a defense to the element of premeditation. We determine that an evidentiary hearing is necessary to address the issue of whether defense counsel was ineffective for failing to investigate a witness who had information that possibly could show Swenson's innocence. As to all other ineffective assistance of counsel issues raised by Swenson, we determine that his arguments lack merit.
Finally, Swenson maintains that his appellate attorney was ineffective for failing to timely petition our Supreme Court for review of his case. Because Swenson has failed to establish that he was prejudiced by the action of his appellate attorney, his claim of ineffective assistance of counsel fails. Accordingly, we affirm in part, reverse in part, and remand for an evidentiary hearing.
In his underlying criminal case, Swenson was charged with aggravated battery in November 1999. Swenson waived preliminary hearing. In February 2000, the State filed an amended complaint and information charging Swenson with attempted first-degree murder. An aggravated battery charge was not included in the amended complaint and information. A preliminary hearing was conducted, and Swenson was bound over and arraigned on the attempted first-degree murder charge. At the preliminary hearing, the victim in this case, Freddie Hooks, Jr., indicated that he had been shot multiple times during an incident occurring in September 1999 and had sustained life-threatening injuries. Hooks identified Swenson as the individual who had shot him.
In June 2000, the case against Swenson proceeded to a jury trial. After opening statements but before the presentation of evidence, the prosecutor stated that he would be filing an amended information to include an aggravated battery charge. Indicating that the amended complaint and information was in response to Swenson wanting a jury instruction on aggravated battery and that there was no objection by Swenson to filing an amended information, the prosecutor stated:
"[Prosecutor:] I think we needed to make a record. We discussed it a little bit about proceeding on this Amended Information and no objection to going right into the jury trial on this Amended Information, which I don't believe–I believe I'm entitled to do it, but it's my understanding, too, that the defense wanted an instruction on an agg. battery. I decided that the safest way to do it is to do it through an alternative count.
"I just want it clear that there is no objection to the Amended Information and then proceeding right into the jury trial on this Amended Information.
"The Court: [Defense counsel?]
"[Defense counsel:] No objection, Your Honor.
"The Court: All right. That's the way we'll proceed."
During the jury trial, Hooks again testified about the severity of his injuries resulting from the shooting and identified Swenson as the person who shot him. Swenson did not testify at trial. The jury was instructed on the crimes of aggravated battery, attempted first-degree murder, and attempted second-degree murder. The jury found Swenson guilty of attempted first-degree murder. Swenson was sentenced to 203 months in prison. One day after the jury verdict, the State filed a written amended information charging Swenson with attempted first-degree murder or alternatively aggravated battery.
Swenson appealed his conviction to this court, arguing that the trial court should have instructed the jury that Hooks' credibility had been impeached by his prior convictions and that the trial court erroneously allowed an officer to compare Swenson's appearance in court to his appearance in a mug shot. This court affirmed Swenson's conviction. Swenson's counsel failed to timely file a petition for review with our Supreme Court. Although Swenson's counsel moved to file the petition for review out of time, his request was denied.
In March 2003, Swenson moved for relief under K.S.A. 60-1507 as a pro se litigant. In his 60-1507 motion, Swenson alleged that the amended complaint and information was fatally defective due to the element of premeditation being omitted from his attempted first-degree murder charge; that his attorney was ineffective by not filing a motion for arrest of judgment and by not presenting a defense against premeditation; that the trial court abused its discretion by failing to take notice that the element of premeditation was omitted from the amended complaint and information; that the trial court abused its discretion by allowing the State to amend the complaint to charge a different crime; that his trial counsel was ineffective by not calling witnesses who could provide exculpatory testimony and could discredit Hooks' testimony; and that his appellate counsel was ineffective by failing to timely file a petition for review.
The trial court conducted a nonevidentiary hearing at which it heard arguments from Swenson's counsel and from the State. At the conclusion of the hearing, the trial court found that Swenson's presence was not necessary and that the files and records conclusively established that Swenson was not entitled to relief.
I. Standard of Review
There are three avenues of approach for the trial court faced with a K.S.A. 60-1507 motion. First, the court may determine that the motion, files, and records of the case conclusively show that the movant is entitled to no relief and summarily deny the movant's motion. Second, the court may determine from the motion, files, and record that a substantial issue or issues are presented, requiring a full evidentiary hearing with the presence of the movant. Finally, the court may determine that a potentially substantial issue or issues of fact are raised in the motion, supported by the files and record, and hold a preliminary hearing after appointment of counsel to determine whether in fact the issues in the motion are substantial. In the event the court determines that the issue or issues are not substantial, the court may move to a final decision without the presence of the movant. If the issue or issues are substantial, involving events in which the movant participated, the court must proceed with a hearing involving the presence of the movant. Lujan v. State, 270 Kan. 163, 170-71, 14 P.3d 424 (2000).
Here, the trial court followed the third avenue of approach by appointing counsel and conducting a preliminary hearing. After the preliminary hearing, the trial court concluded that no substantial question of law or triable issues of fact had been raised and denied Swenson relief on his 60-1507 motion. The trial court has discretion to ascertain whether the claim is substantial before granting an evidentiary hearing and ordering the prisoner's presence at the hearing. Gaudina v. State, 278 Kan. 103, 107-08, 92 P.3d 574 (2004); Supreme Court Rule 183(h) (2005 Kan. Ct. R. Annot. 228). Judicial discretion is abused when no reasonable person would take the view of the trial court. Woodberry v. State, 33 Kan. App. 2d 171, 173, 101 P.3d 727, rev. denied 278 Kan. 852 (2004).
II. Jurisdiction
First, Swenson contends that the trial court never obtained jurisdiction in his underlying criminal case on either the attempted murder or aggravated battery charge. Relying on K.S.A. 2005 Supp. 22-3201(e), Swenson maintains that there was no jurisdictional authority for the State to amend the complaint to charge a new crime. Whether jurisdiction exists is a question of law over which an appellate court's scope of review is unlimited. State v. Hodgden, 29 Kan. App. 2d 36, 38, 25 P.3d 138, rev. denied 271 Kan. 1040 (2001).
The State alleges that Swenson failed to raise this issue in his 60-1507 motion and thus it is not properly before this court. Generally, issues not raised before the trial court cannot be raised on appeal. State v. Williams, 275 Kan. 284, 288, 64 P.3d 353 (2003). Nevertheless, it appears that Swenson sufficiently raised this issue in his pro se 60-1507 motion when he argued that the trial court erred in allowing the State to amend the complaint to charge a different crime from that contained in the original complaint. See Bruner v. State, 277 Kan. 603, 605, 88 P.3d 214 (2004) (Pro se pleadings are to be given a liberal construction.). In liberally construing Swenson's pro se 60-1507 motion, we determine that he sufficiently raised his present argument at the trial court level.
Moreover, Swenson's argument is essentially that the trial court lacked subject matter jurisdiction over his charged offenses of attempted first-degree murder and aggravated battery. An objection that is based on lack of subject matter jurisdiction may be raised at any time, whether it is raised for the first time on appeal or upon the appellate court's own motion. Rivera v. Cimarron Dairy, 267 Kan. 865, 868, 988 P.2d 235 (1999).
A. First Amended Complaint
Swenson maintains that K.S.A. 2005 Supp. 22-3201(e) prohibits the State's action of amending the complaint and information to charge attempted first-degree murder, a crime that was different from the original aggravated battery charge.
The original complaint and information in this case charged Swenson with aggravated battery. Before trial, the State filed an amended complaint and information charging Swenson with attempted first-degree murder. No aggravated battery charge was included in this amended complaint and information.
K.S.A. 2005 Supp. 22-3201(e) states: "The court may permit a complaint or information to be amended at any time before verdict or finding if no additional or different crime is charged and if substantial rights of the defendant are not prejudiced." (Emphasis added.) Our Supreme Court in State v. Woods, 250 Kan. 109, Syl. ¶ 2, 825 P.2d 514, cert. denied 506 U.S. 850 (1992), stated that K.S.A. 22-3201(4) (the current version of which is K.S.A. 2005 Supp. 22-3201[e]) does not forbid differentiation between allowing the State to amend a complaint before trial and during trial. Our Supreme Court held that "[p]rior to trial, the trial court has discretion to allow an amendment to a complaint, including the charging of a different crime, provided the substantial rights of the defendant are not prejudiced." 250 Kan. 109, Syl. ¶ 1.
Swenson fails to set forth any argument as to how his substantial rights were prejudiced when the State amended the complaint before trial to charge attempted first-degree murder. The State amended the complaint nearly 4 months before trial. The trial court conducted a preliminary hearing and bound over Swenson on the attempted first-degree murder charge. The victim testified at the preliminary hearing about the severity of his injuries and identified Swenson as the individual who had caused these injuries. Thus, Swenson was well aware of the allegations against him several months before trial. We are unable to determine that Swenson's substantial rights were prejudiced by the amendment of the complaint.
B. Second Amended Complaint
Swenson also argues that the second amended information in which the State added an alternative count of aggravated battery was jurisdictionally defective because a new charge was added and he was never given a preliminary hearing nor was he arraigned on the charge. We point out that Swenson was originally charged with aggravated battery and chose to waive preliminary hearing on this charge. Nevertheless, because Swenson was not convicted of aggravated battery, it is unnecessary to address his argument that the trial court lacked jurisdiction to try him on this offense.
III. Findings of Fact and Conclusions of Law
Next, Swenson argues that the trial court failed to make findings of fact and conclusions of law on all of the issues raised in his K.S.A. 60-1507 motion. Kansas Supreme Court Rule 183(j) (2005 Kan. Ct. R. Annot. 228) requires the trial court to making findings of fact and conclusions of law on all issues presented in a K.S.A. 60-1507 motion. See Stewart v. State, 30 Kan. App. 2d 380, 382, 42 P.3d 205 (2005) (determining that trial court failed to make findings of fact and conclusions of law on all of movant's arguments and remanding case for compliance with Rule 183[j]).
Case law interpreting Rule 183(j) indicates that a trial court must issue findings of fact and conclusions of law so that there can be meaningful appellate review. Therefore, this court looks not only to the journal entry but also to the trial court's oral comments at the time of the hearing. If the record contains a transcript of the trial judge's oral findings and conclusions and they met Rule 183(j)'s requirements, then remand is not required. Harris v. State, 31 Kan. App. 2d 237, 239, 62 P.3d 672 (2003).
Swenson maintains that the trial court failed to adequately address the following two arguments raised in his 60-1507 motion: (1) that his trial counsel was ineffective by failing to contact and investigate witnesses; and (2) that his trial counsel was ineffective by failing to present any defense to the element of premeditation. We will discuss the trial court's findings and conclusions more thoroughly in the issues to follow. As an appellate court, our function is to determine whether the trial court's factual findings are supported by substantial competent evidence and whether those findings are sufficient to support the trial court's conclusions of law. Graham v. State, 263 Kan. 742, 753, 952 P.2d 1266 (1998).
IV. Ineffective Assistance of Counsel
Next, Swenson maintains that he was denied effective assistance of counsel when his trial counsel failed to contact exculpatory witnesses, failed to move for arrest of judgment based upon a defective complaint, and failed to defend against the element of premeditation.
A claim alleging ineffective assistance of counsel presents mixed questions of fact and law. Our review is to determine whether the trial court's findings of fact have substantial support in the evidence and whether the trial court's conclusions of law follow as a matter of law from those facts. State v. Davis, 277 Kan. 309, 315, 85 P.3d 1164 (2004).
The test used in determining whether trial counsel's assistance was so defective as to require reversal of Swenson's convictions is two-fold. First, the defendant must establish that counsel's performance was deficient, meaning counsel made errors so serious that his or her performance was less than that guaranteed by the Sixth Amendment to the United States Constitution. Second, the defendant must establish that counsel's deficient performance prejudiced the defense, which requires a showing that counsel's errors deprived the defendant of a fair trial. State v. Davis, 277 Kan. at 314.
"There is a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. [Citation omitted.] To show prejudice, the defendant must show a reasonable probability that but for counsel's unprofessional errors, the result of the proceeding would have been different." State v. Betts, 272 Kan. 369, 387-88, 33 P.3d 575 (2001). Moreover, "a fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time." Chamberlain v. State, 236 Kan. 650, 657, 694 P.2d 468 (1985).
A. Failure to Investigate Witnesses
Swenson argues that his trial attorney failed to contact or interview exculpatory witnesses who could have assisted in his defense. Swenson maintains that his trial attorney had a letter from Robert Turner stating that Hooks had told Turner that Swenson had not shot Hooks.
Swenson attached the letter from Turner to his 60-1507 motion. In his letter, Turner indicated that he had spoken with Hooks while they were at Ellsworth Correctional Facility in September 1999. According to Turner, Hooks was a "crips" gang member and had told him that Hooks had been "shot up by some big black dud[e] who was a blood [gang member]." Turner indicated that he was telling the truth because he was "a changed man in Christ Jesus" and wanted to help Swenson. Turner further indicated that his statements could place him in danger but that he was willing to testify at Swenson's trial.
In a letter written shortly after Swenson's sentencing, Swenson's trial attorney stated that Turner was not called as a witness because of trial strategy. Swenson's trial attorney further stated, "His criminal record makes Hooks look like an angel. This testimony would have been unbelievable to the jury and would have hurt our case more than help."
At the 60-1507 hearing, the trial court determined that defense counsel's actions were a matter of trial strategy, stating:
"Mr. Swenson next argues that trial counsel was ineffective for failing to call witnesses on his behalf. This allegation does not establish ineffective counsel. This was trial strategy on the part of defense counsel. This is clearly evident from the letter dated July 27th, 2000, to Mr. Swenson from trial counsel, which is marked Exhibit B and is attached to Mr. Swenson's habeas corpus petition. It clearly appears to the Court that trial counsel's action was very reasonable, and it was made with his client's best interest in mind."
The decision of whether to call a particular witness is a matter of trial strategy. See Winter v. State, 210 Kan. 597, Syl. ¶ 2, 502 P.2d 733 (1972). "On the other hand, defense counsel cannot make a strategic decision against pursuing a line of investigation when he or she has not yet obtained facts upon which that decision could be made. [Citation omitted.]" Mullins v. State, 30 Kan. App. 2d 711, 716, 46 P.3d 1222, rev. denied 274 Kan. 1113 (2002). When counsel does not have the information to make an informed decision due to an inadequate investigation, any argument of "trial strategy" is improper. 30 Kan. App. 2d at 716-17.
It is important for defense counsel to find out the names of all individuals who would be able to establish the defendant's innocence. Defense counsel should interview all witnesses at the earliest possible date and should take recorded statements. 1 Goldstein Trial Technique, The Criminal Case § 4:8 (3d ed. 2005). Here, defense counsel had information that possibly could establish Swenson's innocence in the shooting. Nevertheless, there is no indication in the record that defense counsel made any attempt to interview Turner about the contents of his letter.
Attached to Swenson's 60-1507 motion is a March 2005 affidavit from Turner in which he stated that he and Hooks had been members of the "insane crips" gang. Turner stated that during their September 1999 conversation at Ellsworth Correctional Facility, Hooks had told him that he had been shot by a blood gang member named Rodney over a dispute concerning Rodney's girlfriend. Hooks told Turner that Swenson was not the shooter. Turner further stated in his affidavit that due to his long relationship with Hooks, Turner believed that Hooks was telling the truth about Swenson not being the shooter.
Based on his March 2005 affidavit, Turner had information indicating that Swenson was not the proper individual to be charged in this case. The person whom Hooks had implicated in his conversation with Turner was Rodney, the individual who was with Swenson when the shooting occurred. At trial, Hooks had testified that a black man named Rodney was with Swenson at the time of the shooting. Hooks further testified that he had consumed alcohol and smoked marijuana laced with cocaine before he was shot. Although Hooks indicated that he was not so "messed up" that he failed to recognize people, the jury could have found that Hooks was impaired by the combination of drugs and alcohol. If Turner would have testified at trial about the information revealed in his letter and affidavit, this testimony might have been enough to convince the jury that Swenson did not shoot Hooks as the State alleged.
Clearly, defense counsel would want to interview or attempt to interview all key witnesses before trial. Swenson's trial attorney had received potentially exculpatory information, and there is no indication from the record whether he made any effort to investigate this information. As pointed out in 1 Goldstein Trial Technique, The Facts §1:1, p. 1-4, "[w]itnesses in the client's cause of action should be thoroughly examined and investigated. The attorney or the investigator must interview each person who has knowledge of the occurrence or incident."
In his letter to Swenson, defense counsel indicated that his decision not to call Turner as a witness was based on Turner's criminal history. Defense counsel suggested that the jury would not have found Turner credible due to his criminal history. Nevertheless, defense counsel had no other witnesses who could establish Swenson's innocence. In fact, defense counsel did not present any witnesses at trial. Even if Turner had a significant criminal history, he was a witness who could possibly show that Swenson did not shoot Hooks. Moreover, Hooks also had a significant criminal history that included convictions for attempted robbery and theft. It would be for the jury to determine who was more credible in this case.
In denying Swenson's ineffective assistance of counsel claim on this issue, the trial court focused on trial strategy which related to the performance prong of the test for ineffective assistance of counsel. Nevertheless, we have determined that defense counsel's conduct was not properly attributable to trial strategy and that defense counsel had a duty to investigate the contents of Turner's letter. The record in this case, however, fails to establish whether defense counsel followed up on Turner's letter by interviewing or attempting to interview Turner. As a result, we remand for an evidentiary hearing on the issue of whether defense counsel was ineffective by failing to investigate Turner as a witness in Swenson's criminal case.
Swenson further argues that his trial attorney failed to utilize evidence from his family regarding untrue statements made by Hooks to law enforcement. At trial, deputy Ann Marie Wenzel testified that Hooks had shown her an affidavit given to him that he was supposed to sign and have notarized. According to Wenzel, Hooks was supposed to say in the affidavit that he was not the suspect in the case. Hooks was supposed to send the affidavit to Lily Jackson at 2255 North Roosevelt in Wichita. Hooks told Wenzel that Jackson was Swenson's grandmother.
In his 60-1507 motion, Swenson asserted that his mother would have testified that he does not have a grandmother named Lily Jackson nor does his grandmother live in Wichita. Nevertheless, Swenson fails to provide any supporting affidavit from his mother showing that this would have been her testimony. Swenson had the burden to prove his 60-1507 motion warranted an evidentiary hearing by including facts and evidence to support his motion. Without such evidence, Swenson has failed to establish that his counsel was ineffective in this regard.
B. Failure to Move for Arrest of Judgment
Next, Swenson asserts that the amended complaint charging first-degree murder was jurisdictionally defective because it failed to include the element of premeditation. Swenson maintains that his trial counsel was ineffective for failing to object and move for arrest of judgment based on the defective complaint.
If the defendant seeks to challenge a complaint as defective, the proper procedure is to file a motion for arrest of judgment under K.S.A. 22-3502 with the trial court. State v. Shirley, 277 Kan. 659, 661-62, 89 P.3d 649 (2004). Where a motion filed under K.S.A. 60-1507 claims trial counsel was ineffective because counsel did not file a motion to dismiss or to vacate the judgment that alleged a defective information or complaint, the common-sense rule announced in State v. Hall, 246 Kan. 728, 793 P.2d 737 (1990), will be used to analyze the prejudicial prong in the test for ineffective assistance of trial counsel. Ferguson v. State, 276 Kan. 428, 444-45, 78 P.3d 40 (2003).
Under the common-sense rule announced in Hall, the complaint or information is construed liberally in favor of validity and the record is reviewed as a whole. The sufficiency of the charging document will be determined on practical considerations. State v. Waterberry, 248 Kan. 169, 170-71, 804 P.2d 1000 (1991). To succeed, the defendant must show that the alleged defect either: (1) prejudiced the defendant's preparation of a defense; (2) impaired the defendant's ability to plead the conviction in any subsequent prosecution; or (3) limited the defendant's substantial rights to a fair trial. 248 Kan. at 171.
Here, the amended complaint charged Swenson with attempted first-degree murder as follows:
"on or about the 3rd day of September, 1999, A.D., one NATHANIEL L. SWENSON did then and there unlawfully, intentionally, towards the perpetration of the crime of First Degree Murder, as defined by K.S.A. 21-3401, commit the following overt act, to-wit: shoot with a firearm, to-wit: Freddie L. Hooks, Jr., with the intention to commit said crime, and the said NATHANIEL L. SWENSON failed in the perpetration thereof."
As Swenson maintains, the element of premeditation is missing from the express language of the complaint.
Swenson contends that he was prejudiced by the complaint's omission of the premeditation element because he was unable to fully and appropriately present a defense. Nevertheless, the trial court found that the amended complaint properly advised Swenson of the attempted first-degree murder charge, stating: "As evidence of this, the court would cite defense counsel's Closing Argument, wherein he argued the evidence did not prove premeditation." We agree with the trial court. In closing argument, defense counsel argued in part: "You can't assume that the intent was there, and you can't assume that premeditation was there." This shows that defense counsel was well aware of the premeditation element and attempted to present a defense to it. There is no indication in the record that the defense was prejudiced by the omission of the premeditation element in the complaint.
C. Failure to Provide a Defense to the Element of Premeditation
Swenson further contends that his trial attorney was ineffective for taking no action to defend against premeditation. As pointed out above, the trial court stated that defense counsel had argued to the jury that the evidence failed to prove premeditation. Swenson fails to show what other action defense counsel should have taken in defending against premeditation. We determine that Swenson's argument lacks merit.
D. Failure to Call Swenson as a Witness
In his 60-1507 motion, Swenson also alleged that his trial attorney was ineffective for failing to call him as a witness at trial. Nevertheless, Swenson has failed to raise this issue in his brief. An issue not briefed by the appellant is deemed waived or abandoned. Roy v. Young, 278 Kan. 244, 248, 93 P.3d 712 (2004). Moreover, even assuming arguendo that Swenson had adequately briefed this issue, there is substantial competent evidence to support the trial court's finding that Swenson voluntarily chose not to testify. The record establishes that the trial court explained to Swenson that he had a right to testify but that he also had a right against self-incrimination and could choose not to testify. Swenson indicated that he understood his rights and chose not to testify. Therefore, Swenson's argument fails.
V. Failure to Timely File Petition for Review
Finally, Swenson argues that his appellate counsel was ineffective by failing to timely petition our Supreme Court for review of this court's decision on his direct appeal. To establish denial of effective assistance of counsel on appeal, the defendant must show (1) counsel's performance, based upon the totality of the circumstances, was deficient in that it fell below an objective standard of reasonableness, and (2) the appellant was prejudiced to the extent a reasonable probability exists that, but for counsel's deficient performance, the appeal would have been successful. State v. Smith, 278 Kan. 45, 51-52, 92 P.3d 1096 (2004).
Here, Swenson's appellate counsel failed to timely petition for review with our Supreme Court. In a letter written to Swenson, Swenson's appellate counsel stated that although he had mailed the petition for review within the 30-day filing period, it was not received 1 day after the filing period had expired. Swenson's counsel moved to file the petition for review out of time, but such request was denied.
In rejecting Swenson's argument that his counsel was ineffective for failing to timely petition our Supreme Court for review, the trial court relied on Foy v. State, 17 Kan. App. 2d 775, 844 P.2d 744, rev. denied 252 Kan. 1091 (1993). In Foy, the appellant alleged that his counsel was ineffective for failing to inform him that he could petition for review to our Supreme Court. Review by our Supreme Court of this court's decision to affirm the defendant's sentence was discretionary. See K.S.A. 20-3018(b). In denying the appellant's claim, this court noted that the appellant did not have a constitutional right to counsel to pursue a discretionary appeal to our Supreme Court. As a result, this court concluded that the appellant was not denied effective assistance of counsel when his counsel failed to file a petition for review or failed to let him know that he had the option to do so. 17 Kan. App. 2d 775, Syl.
Our Supreme Court's analysis in Brown v. State, 278 Kan. 481, 101 P.3d 1201 (2004), however, seems to change the analysis in Foy. In Brown, Brown argued that because his appointed counsel on his K.S.A. 60-1507 motion did not timely inform him of his appeal right, he should be allowed to file his appeal out of time. Although our Supreme Court noted that there is no constitutional right to effective assistance of counsel on collateral attacks, it stated that Kansas provides a statutory right to counsel on collateral attack in certain circumstances. Our Supreme Court further noted that K.S.A. 2003 Supp. 22-4522(e)(4) suggests that appointed counsel is required to have certain standards of competence.
Additionally, our Supreme Court looked to cases in other jurisdictions in which the courts held that some standard of competence is required by appointed counsel. Our Supreme Court quoted from Cullins v. Crouse, 348 F.2d 887, 889 (10th Cir. 1965), when the court stated:
"'Although the right to counsel in a civil case is not a matter of constitutional right under the Sixth Amendment, counsel should be appointed in post conviction matters when disposition cannot be made summarily on the face of the petition and record. When counsel is so appointed he must be effective and competent. Otherwise, the appointment is a useless formality.' (Emphasis added.)" 278 Kan. at 484.
Our Supreme Court stated that it agreed with the Tenth Circuit: "When counsel is appointed by the court in postconviction matters, the appointment should not be a useless formality." 278 Kan. at 484. Our Supreme Court determined that the failure by Brown's appointed attorney to notify Brown of the denial of his 60-1507 motion and of his right to appeal resulted in a denial of his statutory right to competent counsel. As a result, Brown was entitled to file a notice of appeal out of time.
Brown involved a movant's right to effective assistance of counsel on a K.S.A. 60-1507 motion. Nevertheless, the analysis there can be applied to the instant case. Although there is no constitutional right to effective assistance of counsel when a defendant petitions for review of this court's decision to our Supreme Court, K.S.A. 2005 Supp. 22-4505(b) provides a statutory right to counsel when the defendant appeals from a felony conviction. K.S.A. 2005 Supp. 22-4505(b) does not cut off this right to counsel once the appeal has been decided by this court. It appears that this statutory right to counsel would encompass petitioning our Supreme Court for review of the case. Furthermore, as pointed out in Brown, K.S.A. 2005 Supp. 22-4522(e)(4) indicates that appointed counsel is required to have certain standards of competence. After reviewing our Supreme Court's decision in Brown, as well as K.S.A. 2005 Supp. 22-4505(b), we determine that Swenson had the right to competent counsel in seeking an appeal to our Supreme Court.
Nevertheless, even if Swenson's counsel was deficient in failing to timely petition our Supreme Court for review of Swenson's case, Swenson has failed to meet the prejudice prong of the test for ineffective assistance of appellate counsel. Swenson has not shown that a reasonable probability exists that but for his counsel's failure to timely petition for review, his petition would have been granted and his appeal would have been successful. See Smith, 278 Kan. at 52.
In his direct appeal, Swenson argued the following: (1) that the trial court should have instructed the jury that Hooks' credibility was impeached by evidence of prior convictions; and (2) that the trial court committed reversible error by allowing a law enforcement officer to compare Swenson's court appearance to his appearance in a mug shot. A panel of this court rejected Swenson's arguments, determining that the jury had been appropriately instructed on credibility and that it was the jury's prerogative to determine Hooks' credibility. The panel declined to address Swenson's second argument due to Swenson's failure to object to the testimony.
Swenson fails to make any argument or point to any facts that establish by a reasonable probability that but for his counsel's failure to timely petition for review, our Supreme Court would have granted review of his case and his appeal would have been successful. We see no error in the panel's decision on direct appeal. Clearly, Swenson's first argument lacked merit, and his failure to timely object to the officer's testimony precluded the appellate court from considering his second argument. Because Swenson has failed to satisfy the prejudice prong, we determine that his claim of ineffective assistance of counsel fails.
Based on the above analysis, we remand this case for an evidentiary hearing on the issue of whether defense counsel was ineffective for failing to investigate Turner as a witness. As to all other issues raised by Swenson on appeal, we find no abuse of discretion in the trial court's decision to deny Swenson relief without conducting an evidentiary hearing in his presence.
Affirmed in part, reversed in part, and remanded for an evidentiary hearing.
URL: http://www.kscourts.org/kscases/ctapp/2006/20060519/94207.htm.


when you lose interest, what else is left to keep on going? This morning, when my English thoughts rushed in during my 21 bus journey to 12, Rue de Genève, the question seemed to stick around all the way.
Unde ti-ar placea sa te trezesti maine?


Intermediate preparation for the preparation of chocolate muffins, with chocolate chips, very high quality spongy.
Easy processing and high performance.
Catesmix Chocolate Muffins 1000 g.
Beat the Castesmix MUFFINS Chocolate, with the rest of the ingredients at a slow speed for 1 minute and at a fast speed for 8 minutes.
Place in molds and cook in an air oven at 180-190ºC for approximately 15 minutes.


text:
'Feng Shui' Starring Kris Aquino and Coco Martin Movie Poster Released!
7:19 AM by Rocky Chua1 comment
Star Cinema finally released the movie poster of their upcoming horror flick, "Feng Shui" which is also the film production's official entry to the 2014 Metro Manila Film Festival (MMFF).
Check out the said movie poster which features its lead casts Kris Aquino and Coco Martin:
The movie which is a reboot of the same film which hit the blockbuster gross in 2004 also stars Carmi Martin, Ian Veneracion, and Cherry Pie Picache.
Under the direction of Chito S. Roño, "Feng Shui" is set to hit the theaters this coming Christmas day, December 25. (www.tvseriescraze.blogspot.com)
Tagged: Coco Martin, Feng Shui, Feng Shui 2, Feng Shui Reboot, Horror Movie, kris aquino, Metro Manila Film Festival, Metro Manila Film Festival Entries, MMFF, MMFF 2014, movie poster, Star Cinema
best shows currently on tv 11/25/14, 2:49 PM
If you liked a particular TV series, it's a good idea to look into other TV series collections from that channel. Since channels tend to stick with similar shows,

redpajama_set_name: RedPajamaCommonCrawl


Search for more Legal Counsel – Leading Global Bank (Dispute Res & Litigation Focus) jobs in Dubai, UAE and other Middle East countries.
This is a preview of the Real Estate Attorney job at Schneider Legal Group. To view the full job listing, join LinkedIn - its free!Join LinkedIn - its free!


Localized limb swelling [1,2] Pain is followed by swelling if the tumor is large. Commonly a swelling/palpable mass is noted at the first visit.
Limping  If osteosarcoma is in a leg bone, the patient may limp.50% of the time it affects around the knee.
Reduced range of movements  Due to the associated pain.
Common in the adolescent age group  Osteosarcoma is more common in 15-19 years age group. Males are affected more than females. though an exact etiology has not been found,it is thought to correlates with rapid bone growth of this age. Osteosarcoma is the most common primary malignant neoplasm of bone in children and adolescents.
Exposure to the radiation or alkylating agents  Though an exact etiology has not been found radiation/radiotherapy or alkylating agents are thought to be a rare cause.
Associated with several genetic syndromes  Osteosarcoma is associated with several hereditary forms of retinoblastoma, Li-Fraumeni syndrome and Rothmund-Thomson syndrome. All of them are well-defined hereditary disorders associated with germline alterations of tumor suppressor genes.
Localized tenderness [1,2] Tenderness is due to ischemia caused by local micro infarcts.
Palpable mass [1,2] The pain/tenderness is followed by a mass only if the tumor is large.
Reduced range of movements of the affected limb [1,2] Due to the pain.
Limp  An abnormality in the gait may be detected if osteosarcoma is in a leg bone.
Lymphadenopathies  Very rarely osteosarcoma can spread to the local or regional lymph nodes.
ALJUBRAN,A.H. et al.Osteosarcoma in adolescents and adults: survival analysis with and without lung metastases, Ann Oncol. 2009 Jun,20(6),1136-41. [viewed 8 April 2014]. Available from:doi: 10.1093/annonc/mdn731.
malignant fibrous histiocytoma (Pleomorphic undifferentiated sarcoma)  Occurs most commonly in the extremities as a painless palpable soft tissue mass.
Osteomyelitis  Presented with pain, swelling, redness of the affected bone/limb.Fever is a differentiating feature.
SHEKHER,A. et al. Synchronous Multicentric Giant Cell Tumour (GCT)-A Rare Case Report,J Clin Diagn Res. 2014 Feb,8(2),185-6. [viewed 8 April 2014]. Available from: doi: 10.7860/JCDR/2014/8153.4055.
PRIETO-PEREZ,L. et al. Osteomyelitis: a descriptive study. Clin Orthop Surg,2014 Mar,6(1),20-5. .[viewed 8 April 2014]. Available from: doi: 10.4055/cios.2014.6.1.20.
Serum lactate dehydrogenase (LDH) Has been found to be elevated in some patients.However it doesn't have a diagnostic value.
RITTER,J ,S.S.BIELACK. Osteosarcoma,Ann Oncol,2009,20(4),iv137-iv139. [viewed 8 April 2014]. Available from: doi: 10.1093/annonc/mdp154.
audiogram Is done as a baseline investigation as polychemotherapy can result in auditory dysfunction.
Liver function tests Is done as a baseline investigation as polychemotherapy can result in significant hepatic toxicity.This should be done every 1-2 years during first 5 years.
PICCI,P. Osteosarcoma (Osteogenic sarcoma),Orphanet J Rare Dis, 2007 Jan, 23,2,6. [viewed 8 April 2014]. Available from: doi:10.1186/1750-1172-2-6.


text:
RJC PAC
RJC Statement on the Selection of General Mattis as Secretary of Defense
Washington D.C. – Republican Jewish Coalition released the following statement from Executive Director Matt Brooks:
"The selection of General Mattis to serve as Secretary of Defense is a smart and important decision by President-elect Trump. Throughout his career, General Mattis has made the protection of the United States, our assets, and our allies around the world, his top priority. General Mattis believes in a strong U.S. military posture and understands of the threats we face, like a newly aggressive Iran. He has the type of worldview the leader our Defense Department needs.
"For decades, bipartisan national security and foreign policy experts, representatives of our allied nations, respected foreign policy think tanks, and pro-Israel organizations have praised General Mattis' work. We are happy to stand with them and fully support this appointment."
Fostering & Enhancing Ties Between the American Jewish Community & Republican Lawmakers
Republican Jewish Coalition © 2020. All Rights Reserved.


text:
El nombre Bret fue usado por tres ciclones tropicales en el Océano Atlántico.

 Tormenta tropical Bret (1993)
 Huracán Bret (1999)
 Tormenta tropical Bret (2005)
 Tormenta tropical Bret (2017)

redpajama_set_name: RedPajamaWikipedia


text:
Q: ExtJS - How call ajax in beforenodedrop Ext.tree.TreePanel event I'm trying to call ajax inside beforenodedrop event, and when success, I want to continue to manipulate the tree.
But the event is aborted.
How can I call an ajax inside beforenodedrop.
Thanks for your help.
My code here:
        // Moving nodes from data grid to tree
        beforenodedrop : {
            fn : function(e) {
                e.cancel = true;
                enableBtnEditAndDelete(false);//Disabling those btns edit and delete from grid toolbar
                // e.data.selections is the array of selected records from grid
                if (Ext.isArray(e.data.selections)) {
                    // setup dropNode (it can be array of nodes)
                    e.dropNode = [];

                    if(e.target.id != this.root.id) {
                        processBarWin.show();
                        var newParentId = e.target.leaf ? e.target.parentNode.attributes.idFolder : e.target.attributes.idFolder;
                        var idsToUpdate = '';
                        //Obj to log
                        var objLog = document.getElementById('log');
                        for ( var i = 0; i < e.data.selections.length; i++) {
                            // get record from selectons
                            var r = e.data.selections[i];
                            idsToUpdate += i > 0 ? ', ' + r.get('id') : r.get('id');

                            nodesToCreate[i] = this.loader.createNode({
                                text : r.get('description'),
                                leaf : true,
                                editable: false,
                                idIdea : r.get('id'),
                                description : r.get('description'),
                                content : r.get('content'),
                                idFolder : r.get('idFolder'),
                                insertDate : r.get('insertDate'),
                                updateDate : r.get('updateDate'),
                                qtip : r.get('content').substring(0, 50) + "..."
                            });

                        }
                        objLog.innerHTML = objLog.innerHTML + "after for
";
                        // reset cancel flag, permit to drop items
                        e.cancel = false;
                        for ( var i = 0; i < e.data.selections.length; i++) {
                            // get record from selectons
                            var r = e.data.selections[i];
                            // create node from record data

                            e.dropNode.push(this.loader.createNode({
                                text : r.get('description'),
                                leaf : true,
                                editable: false,
                                idIdea : r.get('id'),
                                description : r.get('description'),
                                content : r.get('content'),
                                idFolder : r.get('idFolder'),
                                insertDate : r.get('insertDate'),
                                updateDate : r.get('updateDate'),
                                qtip : r.get('content').substring(0, 50) + "..."
                            }));
                        }
                        Ext.Ajax.request({
                            url: 'Action/deuErro.php',
                            method: 'POST',
                            params: {
                                action: 'updateIdeaParent',
                                ids : idsToUpdate,
                                idFolder : newParentId
                            },
                            success: function(){
                                objLog.innerHTML = objLog.innerHTML + "success
";
                                for ( var i = 0; i < e.data.selections.length; i++) {
                                    var r = e.data.selections[i];
                                    gridStore.remove(r);
                                }
                                processBarWin.hide();
                            },
                            failure: function(){
                                objLog.innerHTML = objLog.innerHTML + "failure
";
                                processBarWin.hide();
                                yaMsgError(a.result.errors.title, a.result.errormsg);
                                return false;
                            }
                        });
                    } else {
                        yaMsgWarn(msgActionNotAllowed);
                        return false;
                    }
                } else { // from tree, not from the grid
                    //nothing here
                }
                // We want Ext to complete the drop, thus return true
                return true;
            }
        }

Best Regards,
Tiago

A: Adding on from @innerJL's comment,
You could move your Ajax to 'nodedrop' event OR create an interceptor to the notifyDrop function and manipulate your data in there.
nodedrop Event Example:
tree.on('nodedrop', function (drop) {
    Ext.Ajax.request({
       url: '....',
       method: 'POST',
       success: function () {
           //create new node in the tree.
       },
       failure: function () {
           //do nothing.
       }
    });
}, this);

Interceptor Example:
tree.dropTarget.notifyDrop = tree.dropTarget.notifyDrop.createInterceptor(function (dragSource, event, data) {

    //show a loadmask on your tree.
    //manipulate your data if necessary

    // do your ajax load
    Ext.Ajax.request({
       url: '....',
       method: 'POST',
       success: function () {
           // retrieve your data and manipulate it.
           // or maybe you want to create an event and fire it here and pass the data so yo can add a node at a later stage in your flow?
           return true;    // returning true will proceed with the drop
       },
       failure: function () {
           //do nothing.
           return false;   // returning false will cancel the drop
       }
    });

});

There is no documentation on the 'notifyDrop' so you'll need to explore the ExtJS code by yourself.

redpajama_set_name: RedPajamaStackExchange


text:
Portrait Landscapes | Cyprus Home | 14 March | 6:30 pm
The Cyprus High Commission cordially invites you to the opening of the
contemporary art exhibition
George Koumouros
"Portrait Landscapes"
curated by Megakles Rogakos
Cyprus Home
(High Commission of the Republic of Cyprus, 13 St. James's Square, SW1Y 4LB)
Under the auspices of His Excellency the High Commissioner of Cyprus, Mr Euripides Evriviades
Duration: 14 March – 5 April 2019 | Mon – Fri 10:00 – 16:00
"Portrait Landscapes" is a contemporary art exhibition by George Koumouros,curated by Megakles Rogakos.
The question "what remains of the past and what will follow in the future?" preoccupies George Koumouros, who visualises the specific anxiety in the works he painted during the period 2012-2017. His otherworldly pictures present personified landscapes or landscape portraits. These particular landscapes are deserted and silent. They are landscapes that once had life and now are permanently worn out of use or abuse. Without the slightest disposal of amelioration, Koumouros represents his prophetic vision. Perhaps with irony or sarcasm, he signals the end of civilisation. In his attempt to describe his paintings, the painter resorted to the writing of verses that were spontaneously revealed to him, inspired by his own creations, which now accompany them in the catalogue as their own words. He makes his painting narrative a possession of all of us. His images have wide appeal and timeless value. He breaks free from realism, but also from impressionism. For this reason, he borrows tools from the surrealist and the expressionist styles, so that with archetypal symbols on the one hand and with passion and/or emotion on the other, he may associatively express this essence. Koumouros wrote about the vision that imbues his works. He spoke about the absence of people, the need for coexistence and the compassion of nature. He ends with the desire that his Landscape Portraits are a potential talisman for a difficult and narrow way. As a talisman they are transmissible of the divine grace, able to deter and prevent evil, and bring good and happiness.
- - - - - - - - - - - - - - - - - - - -
George P. Koumouros was born in 1955 in Yialousa, Cyprus. He studied mathematics at the University of Athens (1980), painting at the Pythagorean Academy of Fine Arts (1989), and received a Master of Arts diploma in Making Educational Films from Middlesex University (2005). He taught Mathematics in Secondary Education in both Greece and Cyprus. Since 1995, he has been working at the Cyprus Pedagogical Institute for the production of audio-visual material. He has directed 28 documentaries. He keeps his own painting workshop since 1982. His work can be found in both public and private collections.
Short Bio of the Curator
Megakles Rogakos holds a Bachelor's degree in Art History from The American College of Greece (1997); a Master's degree in Arts Policy & Management from the City University, London (1998); another Master's degree in Art History and Theory from Goldsmiths College, London (1999); and a PhD in Philosophy and History of Art from the University of Essex. In 2000-2004 he worked as an information officer at the Tate Gallery, conducted scholarly research and curated a series of multimedia exhibitions. Between 2004-2012 he held an appointment as ACG Art Curator at the American College of Greece. Since 2012, he works as an independent art historian and exhibition curator. He also publishes reviews of exceptional art exhibitions mainly at , but also at www.visuelimage.com.


text:
Béthemont-la-Forêt is een gemeente in het Frankrijk. Het ligt op 24 km ten noorden van het centrum van Parijs. Alleen het forêt de Montmorency, een bos, ligt nog tussen Béthemont-la-Forêt en de agglomeratie van Parijs.

Kaart

Demografie
Onderstaande figuur toont het verloop van het inwonertal, bron: INSEE-tellingen.

Websites

Bet


This session will cover what DSfW is, reasons for using it, how to install it, and what to look out for before and during the install. We would do a hands on install of DSfW into an existing tree and join a workstation to the domain. All along talk about troubleshooting sections of the install and troubleshooting workstations joining the domain.
This entry was posted on Wednesday, May 9th, 2012 at 10:03 pm	and is filed under ATT Live May 2012. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.


text:
Peak projections
Delivery industry forecasts holiday surge
Nov. 6, 2017 at 10:42 a.m.
Rasheed Trotty, a letter carrier at Schuylkill Station in Philadelphia, scans parcels during last year's holiday season.
It's going to be a busy season for everyone in the delivery business.
Like the Postal Service, UPS and FedEx are also expecting seasonal shipping increases.
Package deliveries in the United States are projected to surge as online sales jump 18-21 percent from last year, according to one estimate.
USPS expects to deliver 850 million packages between Thanksgiving and New Year's Day, up more than 10 percent from last year.
Meanwhile, UPS predicts it will deliver more than 750 million packages globally between Thanksgiving and New Year's Eve, up 5 percent from the same time last year.
FedEx predicted last week it will deliver 380 million-400 million packages between Thanksgiving and Christmas. The company didn't offer a projected year-to-year percentage increase.
To accommodate this year's seasonal spike, the Postal Service is offering Sunday deliveries in select cities and touting new offerings like Informed Delivery, a free feature that allows users to view incoming mail, track packages and schedule deliveries.


We at Quali Rafts can be of service to you from design through to supply. We are situated in the east of Pretoria but work anywhere! From Limpopo right through to Western Cape! Some of our projects included RDP Housing, Residential Housing and Industrial like Garages, Workshops, etc.
We also do earthworks, so all we need is your architect drawings and we can be of service to you with the rest.


The National Institute of Wind Energy (NIWE) has launched a tender to develop a 2 MW solar project at the Indian Institute of Management (IIM) in Tiruchirappalli, located in the state of Tamil Nadu.
NIWE has invited engineering, procurement and construction (EPC) contractors to develop the project. The scope of work includes the designing, engineering, supply, construction, erection, testing, commissioning, and grid synchronization of the project. The tender also comes with the provision of operation and maintenance services for a period of five years from the date of commissioning (power evacuation to substation).
The selected contractor is also supposed to provide power evacuation system to the nearest available Tamil Nadu Generation and Distribution Company's (TANGEDCO) substation.
According to the tender document, bidders have been given the option of developing a 500 kW-1 MW solar project with tracking and suitable elevated structure, as a demonstration project within the allotted area. However, the lowest bid selection will be based on the price quoted for a fixed tilt system. NIWE will award the project to a contractor who has been determined to be responsive, technically viable and has the lowest evaluated bid.
The date of closure of the tender is March 1, 2019.
Previously, Mercom published an article which analyzed how solar – not black coal – is beginning to power classrooms, dormitories and canteens of multitudes of educational institutions across the country. Solar power is heating water, helping run laboratories, shining auditoriums, cooling down canteens, assisting in administrative work and illuminating street lights on school grounds. Due to surging electricity bills and the desire to protect the environment, more and more educational institutions are turning to solar to meet their daily energy needs.
For instance, in January 2019, Mercom reported on the news of Tripura University announcing the development of a rooftop solar system totalling 500 kW at its premises, spread over multiple buildings at the university campus.
In December 2018, Mercom reported on the news of Indian Institute of Technology installing a 422 kW solar rooftop power system in its premises. The project was commissioned by BVG India Ltd, an integrated services company.


Home Food and Drinks Get a free layer of pizza a month for 1 year as Greenwich Tibanga branch opens today!
Get a free layer of pizza a month for 1 year as Greenwich Tibanga branch opens today!
A new concept Greenwich pizza store officially opens to the public today at Tibanga Highway near Jollibee.
It is the first separate single-detached Greenwich structure in Iligan City, a second in Northern Mindanao. The Alrose management calls it "free standing" building. The usual Greenwhich shop is either located inside a mall or attached in a medium-rise building.
The interior has a radical makeover, it conforms to today's retro design trend that other businesses are incorporating. If I am correct, this is the industrial design in the late 1800s to 1930s, which was popular in Europe and United States.
Look at IliganonKo's video of the interior.
Many were surprised when they learned that this branch opened yesterday for the blessing ceremony. The construction started in December, and about 95% finished today. That's about 3 months of swift construction, day and night.
It's not an April Fool's joke ha. The pizza is indeed free, if you carefully follow the simple instructions.
For the first 150 customers who buy two (2) Barkada Thick All-beef overload pizza will avail a free 1 year layer of pizza per month of the same pizza flavor for a year. The blessed customer shall automatically get a pizza card.
Simply, present this pizza card to get that free pizza.
Read the image for more instructions.
Why we should control our excitement about 7-Eleven?


I've never been for afternoon tea, but it's something I've wanted to do for a while, so I was super excited for the experience. The total cost of the experience was £19, reduced from £33.90 with a Wowcher code, which is great value for money.
Despite is being a busy Saturday afternoon, we were shown straight to our table, which had somehow been booked under the name 'Bess', even though I sign my emails with 'Bethan' (how d'ya get Bess from that?).
We were given a pot of tea, which we could have refilled unlimited times, complete with dainty little tea cups and saucers. Throughout the hour and a half we were there, Jake and I annihilated three pots of tea.
We were then bought over our Afternoon Tea stand. On the bottom layer was a selection of eight sandwiches, including four different fillings on an assortment of bread. We had ham, chicken, tuna and mayo and cucumber and cream cheese. I feel like we perhaps should have been asked if there was anything we didn't like out of the options, since neither Jake or I like tuna, and I wouldn't have chosen cucumber and cream cheese myself. Maybe a little pre-order menu might have been a good idea upon booking.
On the top layer was a variety of desserts, from strawberry slices and brownies, to freshly made scones with clotted cream and jam. Again, as lovely as they were, perhaps a little choice should have been provided, as in most places you will have the option of fruit or plain scones.
Our server was lovely and told us what was on our tea tray, and even told us to be careful with the profiteroles because so many people have spilled chocolate sauce down themselves before.
The food we ate was lovely, and they had told us that we could take the food we left home in a box. I think they must have thought we left though, as Jake and I popped upstairs for two seconds, came back down and they'd gone… gutted.
We then had our glass of prosecco to finish off the experience, which was a nice way to end it.
I'd love to try more afternoon tea experiences, particularly in somewhere like Manchester or Liverpool. I think I'd also like to attempt my own little at-home version, let us know if you'd like to see that on the blog sometime soon!
Who doesn't love a good glass of bubbly, yum! Sounds like you had a great time and I'm low key jealous – I also wanna go for afternoon tea soon!


The use of medical marijuana has grown in recent years. In some overseas countries the recreational use of cannabis plays an important role with the local businesses. With the increase of marijuana users, scientists have had an opportunity to study the benefits of medical marijuana and exactly how it can improve a patient's quality of life.
Chemotherapy is a terrible thing to go through but cannabis helps treat the nausea and actually helps increase appetite. Patients that suffer from Alzheimer's and even people with Dementia, can use marijuana to help prevent confusion as well as agitation. It's also known to shrink away the damage caused by a stroke. Parkinson's disease suffers will have the progression of the disease slowed down and it can reduce the tremors that come with it.
Many researchers around the world including patients and their families are advocating for future legislation of the weed plant. By legalizing the healing plant, it will become more accessible to people who need it for medical purposes. It will also give more researchers around the world a chance to study the plant on a large scale.
Apparently only around 6% of the studies being conducted on cannabis are actually focusing on the benefits of medical marijuana and its healing properties.
Many people that do not make use of cannabis believe that the plant will cause disease. This couldn't be further from the truth. In fact, the scientific research that has been done so far, is showing many of the physical problems and diseases that it helps cure or prevent.
Even though medical marijuana has so many benefits the plant is still illegal in many countries around the world. Why isn't it legal already? One of the reasons the plant is not legal is because the huge pharmaceutical companies would lose a ton of money. Especially since you can grow marijuana for next to nothing and it starts curing all kinds of diseases and reliving pain without using the expensive medicine that they would usually sell.
Calorie intake can be managed by your body a lot more effectively with the use of cannabis. It also regulates insulin production in your body. Generally you will notice that weed smokers are thinner or slimmer than none smokers.
One of the major benefits of medical marijuana is that it helps treat anxiety and depression. For depression that is often a result of chronic stress. Certain components of cannabis may be an effective treatment. This is according to a 2015 study by University of Buffalo scientists.
There was another study published in 2007 that showed the use of THC in small doses increase serotonin the same way an antidepressant does. It can even act as a mild sedative.
One of the benefits of medical marijuana is that it can make you more creative and even focus more on the task at hand or you day job. While smoking weed didn't necessarily increase your short term memory it did help people come up with more elaborate ideas and an inventive way of thinking.
There was a published study done in 2012 that showed smoking marijuana was not linked to lung damage. In fact, it helped to reduce the effects of years of tobacco smoking. This is only if you quit smoking tobacco.
This test involved more than five thousand people and it revealed that there was deterioration on tobacco smoker's lungs health over a long period of time. Then they discovered that cannabis smokers actually had an increase in their lung capacity.
If you had to legalize cannabis the government could tax it and it would produce a lot of revenue for the country.
Criminal justice systems and law enforcement can focus on real crimes and there will be more space in our prisons for criminals.
More people will have access to it for medicinal use.


In January 2014, Mark fell on a winch on our boat in the Marquesas. His chest hurt way more than expected, but the pain eased after a few days. Then, he felt a bump, which he attributed to the injury of the fall. Two months later while we were in the Tuamotus, the lump was still there, and we started to worry, so we sailed to Tahiti for a check-up. Upon arrival, we immediately rushed to the main hospital in Pape'ete, with subsequent visits. The ultrasound didn't conclude anything, a biopsy suggested cancer, and in the beginning of May, Mark jumped on a plane to Boston. The tumor was removed in Newburyport, breast cancer was diagnosed, Mark was referred to Dana Farber in Boston and the fight against cancer started. Another operation removing the sentinel lymph node followed with lots of talks to doctors and four weeks of radiation. After months of heavy emotions, meltdowns, disbelief, fear, anger and treatments, Mark should be cancer free at the moment, but there is no way of telling.
MEN CAN GET BREAST CANCER. It is not something we ever thought of or imagined happening to Mark. Usually, male "victims" notice the bump themselves. We hope with Mark's story, we have pointed out the possibilities of male breast cancer to our (male) readers. Although the chances are very small (1 out of 1000), or as Mark says "With me being the one guy to have breast cancer, none of my friends should have to worry about it anymore!" – be aware! As for women, and this is a shocking fact to me as well, the chance of having breast cancer at some point in your life is 1 out of 8; that is 12.5%!!! The breast cancer reoccurrence rate is 20%.
When Mark's sister Dru passed away a year ago, after a long and brave fight against ovarian cancer, we knew she was a BRCA1 carrier. But, knowing that this gene mutation presented a higher risk for breast and ovarian cancer – both female diseases, so we thought – we were only worried for Dru's daughter, who, fortunately, does not have the BRCA1 gene. Little did we know that Mark was a carrier of the gene mutation as well and a year after his sister's passing, it would cause havoc in the family again. If you have a lot of breast and ovarian cancer in your family, it might be wise to look into the BRCA1 and BRCA2 history. The statistics are horrendous. Women carrying the BRCA1 gene have a 50 – 85% risk of developing breast cancer (and > 50% chance of a second one) and a 20 – 40% risk of developing ovarian cancer (which has a high mortality rate, because by the time it is diagnosed, it is usually a stage 4 cancer!). For men with the BRCA1 gene mutation, the risk for breast cancer is 1% (yes, Mark is a rare case) and there is an increased risk for prostate and skin cancer. Men and women with this "gene" also have a higher chance of developing pancreas cancer.
It is common sense that eating healthy is important, but we didn't realize just how important it is – in relation to breast cancer - to cut certain foods and drinks out of our diets. In Dru (who ate incredibly healthy vegetarian and organic food for most of her life) and Mark's case, the bad genes ignored the healthy food approach, but Mark and I still believe that eating healthy might decrease the risk of (breast) cancer reoccurrence or of the development of new cancers, as it would in the general population. The big no no's are sugar (which "feeds" cancer cells), fried food, processed meat and alcohol. But, non-organic and genetically modified food are also not good for you, and one should be careful with certain oils (especially palm oil, which is awful for the health and the environment), red meat and canned goods.
Unfortunately, following this advice is basically impossible with the current attitude of the food companies and with what is available on the market. The only way to live a healthy life in this culture and this time is to grow your own food, which is only partly doable for most, or buy all organic produce, which more and more grocery stores offer. The GMO foods are a toughie for everyone (yell at the FDA!). And, if you add living on a boat in the middle of the Pacific with limited food availability to that tidbit of information, following a certain diet becomes hard. But, we will do our best and try to stick to chicken (with no added hormones, and ideally antibiotic-free), vegetables (especially cruciferous ones: broccoli, cabbage, bok choy, spinach, sprouts …), olive, canola and peanut oil, fruit, whole grains and tea. Phytonutrient-rich foods and anti-oxidants are recommended.
Mark and I cannot thank our medical team of Dana Farber and Brigham and Women's hospitals enough for their knowledge, help, time, understanding and compassion. Thank you to medical oncologist Dr. Jeselsohn, radiation oncologist Dr. Harris with nurse Mary, and surgeon Dr. Carter. We also appreciated the professionalism and care of Newburyport doctors Dr. Jackson and Dr. Bentley.
And, while we are at it, we would like to show gratitude to all our friends and family for their support by emails, phone calls or in person. We are very fortunate and grateful to have found a personal retreat in the house of Mark's parents Stan and Carol and in AstraZeneca Hope Lodge in Boston during this ordeal. And, last but not least, we thank our good cruising friends Leo and Gesina of SV Seluna, Fabio and Lisa of SV Amandla, and Birgit and Christian of SV Pitufa for keeping an eye on and taking care of our floating home Irie in Tahiti during the last 3.5 months!


Fact and opinion can be FUN for you to teach and for students to learn with this highly engaging Fact & Opinion Game Show PowerPoint! This game will make the skill of practicing fact and opinion something students are EXCITED to do! My class CHEERS when they see this game in the plans. PERFECT for review!


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Q: useEffect/componentWillUnmount fires but state is empty I have a hook component that allows a user to upload a set of images. I want to set it up in such a way that when the component is un mounted that all the files are uploaded to my backend.
currently using useEffect with a return of a function as the componentWillUnmount substitute, however when the function is called the state that it requires (the set of files uploaded) is empty i.e. empty list. Is there a way to fix this or a better way to do it? I suspect its because the useState for the stagedUploadedImages is set to an empty list. Its not an option to lift the state out of this component.
  const [stagedUploadedImages, setStagedUploadedImages] = useState([]);

  const uploadStagedFiles = () => {
// when this is reached by the useEffect method `stagedUPloadedImages` is empty list
    stagedUploadedImages.forEach((file) => {
      const formData = new FormData();
      formData.append("files", file);

      api.uploads.uploadWithNoAssociation(formData).then((response) => {
        console.log("ImageGallery: response: ", response);
      });
    });
  };

  useEffect(() => {
    return () => {
      uploadStagedFiles();
    };
  }, []);

  const handleUpload = (files) => {
      setStagedUploadedImages([...files]);
  };

A: Explanation: https://www.timveletta.com/blog/2020-07-14-accessing-react-state-in-your-component-cleanup-with-hooks/
const [stagedUploadedImages, setStagedUploadedImages] = useState([]);

const valueRef = useRef();

const uploadStagedFiles = () => {
  valueRef.current.forEach((file) => {
    const formData = new FormData();
    formData.append("files", file);

    api.uploads.uploadWithNoAssociation(formData).then((response) => {
      console.log("ImageGallery: response: ", response);
    });
  });
};

useEffect(() => {
  valueRef.current = stagedUploadedImages;
}, [stagedUploadedImages]);

useEffect(() => {
  return () => {
    uploadStagedFiles();
  };
}, []);

Additional info: https://dmitripavlutin.com/react-hooks-stale-closures/


text:
National News: Baby Doe identified in Boston murder, House votes to block Planned Parenthood funding, Shooter in Phoenix freeway shootings identified
BY MELISSA SIEGLER
Baby Doe identified after months of investigating
The 3-year-old "Baby Doe," whose body was found in June on the shore of Deer Island near Boston Harbor, has been identified as Bella Bond, according to CNN. The mother's boyfriend, Michael McCarthy, 35, was charged with murder, and the child's mother, Rachelle Bond, 40, was arrested for accessory to murder after the fact.
The nationwide search for the identity of the young girl was spurred after forensic artist Christi Andrews created a computer-rendered photograph of the girl, as the body was decayed beyond the point of identification. The remains were found in a black trash bag along with a pair of polka dot pants and a zebra blanket.
"For nearly three months, we have endeavored to speak for a true innocent who could not speak for herself," state police Col. Richard McKeon said.
http://www.cnn.com/2015/09/18/us/boston-baby-doe-identified/index.html
House votes to block Planned Parenthood funding for a year
The House of Representatives voted Sept. 18 to block federal funding for Planned Parenthood for a year and to limit certain abortion practices in response to the undercover videos exposing the organization's illegal selling of aborted baby parts for scientific research. The bill passed with 241-187 vote. The Senate has yet to vote on the "de-fund" bill and will likely be vetoed by President Obama.
The bill would reallocate the $450 million dollars allotted to Planned Parenthood to thousands of government-backed community health centers, stated a Fox News article. Supporters of the bill believe this would still allow women access to healthcare, but opponents argue that the community health centers are usually overwhelmed and far from the women who need them.
"Anyone who watches those videos — they are horrific," said House Republican Leader Kevin McCarthy, R-Calif. "Aborting live babies for profit — why would anybody want to spend tax dollars for that?"
http://www.foxnews.com/politics/2015/09/18/republicans-move-to-crack-down-on-planned-parenthood-shutdown-showdown-looms/
Shooter in Phoenix freeway shootings identified
Leslie Allen Merritt was arrested Sept. 18 in relation to the 11 freeway shootings in Phoenix, Arizona, over the past few weeks. Merritt's gun was linked to four attacks on Aug.29 and Aug. 30. Merritt, 21, was charged with four counts each of drive-by shooting and intentional acts of terrorism, according to Fox News. His additional charges include criminal endangerment, assault and unlawful discharge of a firearm. Police say that bullets that hit a tour bus, SUV and two cars on a stretch of Interstate 10 in Phoenix match those from Merritt's firearm. His bail is set at $1 million cash.
http://www.foxnews.com/us/2015/09/19/phoenix-freeway-shooter-in-custody-arizona-governor-announces/?intcmp=hpbt1
News Briefs: National news
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Home Columnists All I want for Christmas, ain't you
All I want for Christmas, ain't you
Giles Brown
YOU may have noticed that we are in December and, as John Lennon famously wrote 'And so this is Christmas, and what have you done?'
Granted this is 2020, so for the vast majority of us the answer is not very much actually, apart from endure lockdown, binge on box sets and Netflix and become embroiled in heated internet arguments about vaccines, masks and the car crash drama that are US elections and Brexit in the UK. Personally, if it's all the doing of a 'Dark Cabal' of 12 foot lizard people, let them have a shot at running the world. Let's face it, our reptilian overlords can't possibly do a worse job than the politicians that we currently have.
Pandemic or no pandemic, this month proves that there is one thing that is unaffected by world events. I am, of course, talking about the Christmas single.
I'll be honest with you on this one. If there is something that I dislike even more than Ed Sheeran, it's the Christmas single.
Back in the age of vinyl, most artists were contractually obliged to release a Christmas Album. The majority were slickly produced and brilliantly marketed efforts by Sinatra, Deano, Elvis and Bing which have become as much a part of the festivities as putting up the decorations, while Phil Spector's 'A Christmas Gift for You', featuring the talents of The Ronettes, is one of the greatest Christmas albums of all time.
Gemma Collins and Darren Day
The Christmas single, however, has seen some absolute turkeys. For every "Last Christmas", or "Fairytale of New York", there is a Paul McCartney and Wings "Wonderful Christmas Time", anything festive from Robbie Williams (this year's offering is a 'COVID inspired' song), or the inevitable "All I want for Christmas is you".
I once worked in a theme pub that started playing Christmas music on a non-stop loop from mid-October. That sort of torture does things to a man, trust me.
Far worse, however, are the reality TV celebrity Christmas songs. In a world where auto tune can arrange the sound of you stepping on the cat into something resembling the St Paul Choir, even the most hopeless singers are getting in on the act.
And so, just when you thought 2020 couldn't get any worse, we were threatened with the possibility of TOWIE star Gemma Collins and Darren Day reaching Christmas Number One with their, ahem, 'memorable' rendition of "Baby, it's cold outside". (Ed's note: they failed!)
Having seen "GC and The Dazzle" on Social Media promoting the track with all the subtlety of a frozen Christmas Pudding thrown at the Flatscreen TV, 2021 and whatever global apocalypse it brings can't come soon enough!
Previous articleGloomy hoteliers predict two years for tourism to recover on Spain's Costa Blanca
Next articleBREAKING: More contagious COVID-19 strain arrives in Spain from UK flight
DO YOU HAVE NEWS FOR US at Spain's most popular English newspaper - the Olive Press? Contact us now via email: newsdesk@theolivepress.es or call 951 273 575. To contact the newsdesk out of regular office hours please call +34 665 798 618.
Valencia region leads industrial recovery in Spain
COVID-19 cases double over a week in densely-populated British expat area on Spain's Costa Blanca
Five more elderly die of COVID-19 in two days as Gibraltar cases steady
Over £4 million of hashish found hidden on a boat off Gibraltar coast
Disgraced former King Juan Carlos to retain royal status 'for life' as pressure grows from government lawyers


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Thanks Ron! Do have any advice on whether PC and Ferrex should be agitated, and what kind of dwell time should be used for each?
So it has been around 2 months since my Gloss Coat application. I waited 3 weeks after the application (which was 2 coats Gloss Coat, followed by 1 coat of Opti-Seal), for the first wash. I have since been washing every 2 weeks with Carpro Reset. Initially, the beading/sheeting was great and performing as expected, however, my last wash two weeks ago, I noticed the lower sides and rear weren't sheeting as well as the rest of the car again. These last 2 months, I have done a lot of driving in heavy rain, so those areas have been hit pretty hard with road spray and grime. At this point, I am not sure if the problem is just contaminants and road film that are keeping the water from sheeting properly, or if it is an issue with the coating. I can't help wondering if this Gloss Coat Application didn't stick to these areas, which were the same areas I had issues with my first round of Gloss-Coat, and it didn't stick because I didn't prep those areas properly, and that the Opti-Seal was just initially masking my failure of properly coating those areas. If I did coat the car properly, I wouldn't think that 2 months of driving in heavy rain and post winter road conditions (dirty from sanding/gravel treatments and Mag-Chloride) would be enough to contaminant the coating. Especially with the sacrificial layer of Opti-Seal I applied. I wanted to get the expert's opinions on how likely it is that 2 months of "Winter like" driving would cause enough contamination to cause sheeting issues, even with Reset Washes every 2 weeks. Also, I have heard that MDR is a good tool to use to get rid of Road Film that builds up during winter driving. I also heard that using a combo of PC, FerreX and MDR could be used for a really good decon wash, and wanted to get your opinions/suggestions for the following process I am going to try on my next wash: 1. Normal Carpro Reset wash & Dry 2. Spray lower areas with Power Clean (1:3) and let it dwell for a few min, then thoroughly rinse. (Should it be agitated?) 3. Spray Lower Areas with Ferrex, and let it dwell for a few min , then thoroughly rinse (Should it be agitated) 4. Apply MDR to lower areas using a foam applicator, agitating, then allow a few min to dwell, and thoroughly rinse. I do know over the first few weeks, the entire car, as well as the lower sides and rear beads and sheeted well. I don't know exactly when the lower areas started having issues, but the rest of the car still beads and sheets well.
I did use Paint Prep after the polish, here are the steps I took: 1. Decon Wash with Carpro Reset. Sprayed OPC at 1:3 on the side and rear panels before washing those sections 2. Used Optimum Ferrex on all panels, rinsed well, then did a 2nd wash with Reset. 3. Clayed with Medium Grade Synthetic Clay, using ONR at Clay Lube strength for lube. 4. Polished entire car with PC 7424, Hyper Polish & Lake County Orange CCS Pad (Removed residue with Microfiber soaking in ONR 1:256) 5. Went over entire car with ONR 1:256 Wash using microfiber towels to ensure any remaining polish residue was removed and to remove linting. 6. Optimum Paint Prep 7. First Coat of Gloss Coat 8. Waited overnight, and applied 2nd coat of Gloss Coat 9. Waited overnight, and applied 1 coat of Opti-Seal I am sure some of my steps were not needed, but I wanted to make sure everything went well. Thanks Ron & A&J! I am sure I am just being paranoid. On my way into work today it was raining a bit, and it looks like the coating is reacting to water properly. However, since I applied the Opti-Seal 2 days ago, I am not sure if what I am seeing is from the Opti-Seal or Gloss Coat. How long should Opti-Seal last on Gloss Coat? On a side note, I love how easy Hyper Polish is to use. I was skeptical at first, being in a spray bottle, but it makes it so much easier to get the right amount of product. I love how it has no dusting, and the residue is easy to remove. I had to use Menzerna PO 91E on a couple of spots, and that stuff was a mess, and got dust everywhere! Next time around I will make sure I have Hyper Compound on hand!
I am at the Clay/Polish stage today, and will be applying the Gloss Coat tomorrow. The problem is we are having a freak snow storm, and I have to drive my car Monday, which means it is going to catch some nasty road spray with dirt from the sand trucks, and probably some Mag Chloride. How soon after the application is it ok for the gloss coat to see water? Also, what is the soonest I can safely do an ONR wash, and a Standard water wash? Also, I remember seeing somewhere you can apply Opti-Seal after the Gloss Coat, even when it is still curing, which will provide a sacrificial layer while Gloss Coat is curing. Is that true, and how soon after applying the Gloss Coat, can I apply Opti-Seal? Thanks for your help guys!
Thanks guys! I will be using hyper polish on every painted surface to make sure the old coating is removed, and everything is clean.
I applied Gloss Coat to my car about 1.5 years ago. It has held up pretty well in most places, but the time has come to do a full re-application of it. I have a couple questions. 1. I plan on applying 2 coats, to ensure coverage. How long should I wait after applying the first coat, before I can apply the second? 2. On my initial application, I applied it to the paint, as well as to a few exterior hard plastic parts. Since I can't polish the plastic, what do I need to do to "Prep" it for this new application.
I have had no luck restoring the sheeting properties. I am going to re-apply it to the entire car, but have 2 questions: 1. Do I need to completely remove my current 1 year old application of Gloss Coat, or will a light polish be enough to allow the new application to cross link to the old? 2. I have Optimum Hyper Polish. Would this be enough to remove my old application of Gloss Coat, or do I need a polish with more cut?
Any tips on what to use for a good Decon wash? How and when do I use Paint Prep, to see if it helps? Could MDR also be used to potentially bring back the beading? Is it possible the coating is still there, but the beading properties are just gone? Also, is it possible to use Poli-Seal on the area, if all else fails, and potentially bring back the beading, without removing the coating?
I have been listening to some of Optimum's podcasts, and heard Dr G. talk alot about how Opti-Coat (I am assuming Pro) is Silicone Carbide based, which creates a permanent bond to the clear coat, while other coatings are SIO2 based. Since Gloss Coat isn't a permanent coating, I am assuming it isn't Silicone Carbide based. Is Gloss Coat an SIO2 based coating or something else? What are its benefits vs other coatings?
I applied Optimum Gloss Coat June of 2016. For the last few months, I have noticed that water no longer beads or sheets well on the sides (Bottom half of driver and pass doors, Rear sides of bumper) and the rear of the car. Basically it is happening on all of the areas that are constantly hit with road spray. Every other part performs as well as when first applied.. I am trying to figure out if it is just because my coating is contaminated, or if the coating is gone in those areas. About a month ago, I was able to give it a thorough washing. I sprayed the areas with OPC 1:3, let it dwell for a min, and washed and rinsed the area. I also clay barred the entire car with Medium Grade Nano Skin, using ONR as the lube. The problem areas feel smooth and super clean after the clay, but those areas are still not beading well. I have been using Chemical Guys Mr. Pink as a car wash since I applied the coating, and recently discovered that it can leave stuff behind that will effect the sheeting properties of the coating. After some research, I decided to try using Carpro Reset (1 oz to 3-4 gallons water), to see if that would help, but unfortunately it had no effect. Maybe I didn't use enough, or it might take a couple washes? I am planning on trying another decon wash again next week with Reset at a higher concentration, and Iron-X as well, but I am not feeling confident it will work. Is there a way to see if the coating is still there and just contaminated? Any tips on what I can use to try and "revive" the coating, assuming the coating is there and just contaminated?
I applied 2 layers of Gloss Coat on my 2016 WRX about 1 month ago. About a week ago, my car was attacked by a water sprinkler at work, and the water was left to dry in 80*F sunlight. Here is what it looked like: That night I was able to give it a thorough wash, I was able to get rid of most of the water spots, except for what remained on the Hood, Windshield, and Trunk. Over this weekend, I was able to give it another thorough wash, and sprayed OPC at 1:3 directly on the water spotted areas, and let it sit for about 1 min, before washing. I also tried using a Clay Bar and Distilled Vinegar at full strength to remove the remaining waterspots. Sadly none of this helped. I have MDR on order, and I will be able to use it this coming weekend. Here is a video of what the waterspots look like now, they can't be shown in a normal photo. https://youtu.be/k7x21Lb5ueg My questions are: 1. Will leaving whatever is left of these spots continue to damage my coating? I only clayed and used vinegar on some of the spots, and stopped when I saw they had no effect, but all spots have had 2 thorough washes. 2. Can MDR be used on Gloss-Coat, without damaging, or removing any of the coating? 3. If MDR doesn't work is my only option to polish out the spots, and re-apply the Gloss Coat to the areas I polished?
Chris, that is good to know! I ordered it directly from the Optimum website on Feb 27th. Paid through paypal (order id: 0A1022031L5836408) I feel much better about breaking the seal now!


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