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68 DFJ Request for Reconsideration of Order Denying MTS
LIBERI v TAITZ (C.D. CA) - 177 - REPLY First MOTION to Disqualify Counsel Philip J. erg - Taitz Supplemental Reply 04.18.2011.177.0
Order on Motion to Amend
monro019
Louise L. O'hearon, Cross-Appellee v. Castleview Hospital and Anna Mae Perez, 156 F.3d 1244, 10th Cir. (1998)
Resolute Ins. Co. v. Percy Jones, Inc, 198 F.2d 309, 10th Cir. (1952)
Hunt v. Hillsborough County et al - Document No. 7
Paul T. McNamara Administrator of the Estate of John Grigel, Deceased v. Ernest P. Dionne, 298 F.2d 352, 2d Cir. (1962)
Attallah v. Milbank Tweed Document 51 - Defendant's Brief Opposing Motion to Strike
Wilkie v. Board of Comm Chat, 4th Cir. (2000)
Ares Armor Motion for Leave to File New Complaint
Romag v. Fossil - Trademark - Fasteners
Cooper v. Menu Foods Income Fund et al - Document No. 12
Kearns v. Beaulieu, CUMcv-08-152 (Cumberland Super. Ct., 2009)
United States v. C. L. Moss, 410 F.2d 386, 3rd Cir. (1969)
United States v. Darrell Wayne Tullock, 928 F.2d 400, 4th Cir. (1991)
United States v. Lowell G. Anderson, 584 F.2d 369, 10th Cir. (1978)
003 Iglesia Ni Cristo vs. Ponferrada
Jolando Hinton v. PA State Pol, 3rd Cir. (2012)
40 Fair empl.prac.cas. 1252, 40 Empl. Prac. Dec. P 36,198 Carl F. Berndt v. Kaiser Aluminum & Chemical Sales Inc., in No. 85-1488. Carl F. Berndt v. Kaiser Aluminum & Chemical Sales Inc. Appeal of Carl F. Berndt, in No. 85-1518, 789 F.2d 253, 3rd Cir. (1986)
STATEMENT OF THE FACTS
Public records confirm that Busse owns a lot in a platted subdivision located
in Lee County. This lot (50' x 130') abuts a platted 60 foot wide street. At some point
westward of the street is the Gulf of Mexico Since the subdivision was platted in
1912, considerable accretion has occurred on land bordering the Gulf of Mexico
westward of Busse's lot. Appellant claims riparian rights. Lee County has claimed
said accreted lands for public park purposes.
CASE NO. 08-13170-B
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
JORG BUSSE,
Plaintiff-Appellant,
LEE COUNTY, FLORIDA; BOARD OF LEE
COUNTY COMMISSIONERS; LEE COUNTY
PROPERTY APPRAISER; STATE OF FLORIDA
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
__________________________________/
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT COURT OF FLORIDA, FORT MYERS DIVISION
ANSWER BRIEF OF DEFENDANT-APPELLEE,
LEE COUNTY, FLORIDA and BOARD of LEE
DAVID M. OWEN
LEE COUNTY ATTORNEY
2115 Second Street
Fort Myers, Florida 33902
JACK N. PETERSON
Assistant County Attorney
TABLE OF CITATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
CERTIFICATE OF INTERESTED PERSONS . . . . . . . . . . . . . . . . . . . . . . . . . . iii
STATEMENT OF JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
STATEMENT REGARDING ORAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . v
STATEMENT OF THE ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1. Nature of the Suit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Course of Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Disposition Below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
STANDARD OF REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SUMMARY OF ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1. The District Court properly dismissed the complaint for lack of
federal subject matter jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
CERTIFICATE OF COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CERTIFICATE OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
TABLE OF CITATIONS
CASES PAGE
Bickley v. Caremark RX, Inc., 461 F.3d 1325, 1329 (11th Cir. 2006) . . . . . . . . . . . 7
Hill v. White, 321 F.3d 1334, 1335 (11th Cir. 2003) . . . . . . . . . . . . . . . . . . . . . . 5, 7
L.A. Draper v. Wheelabrator-Frye, Inc., 735 F.2d 414, 428 (1984) . . . . . . . . . . . 8
Mobil Oil Corp. v. Coastal Petroleum Co., 671 F.2d 419, 422 (11th Cir. 1982) . . 7
Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th Cir. 2004) . . . . . . . . . . . 8
U.S. v. 16.33 Acres of Land in Dade County, State of Florida, 551 F.2d 678, 679
(11th Cir. 1977) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Williamson County Regional Planning Com'n v. Hamilton Bank, 473 U.S. 172,
195 (1985) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
28 U.S.C. §1291 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
Florida Rules of Appellate Procedures
Fed. R. App. P. 32(a)(7)(B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Eleventh Cir. R. 28-1(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
BUSSE V. LEE COUNTY, et al. Docket No. 08-13170-B
CERTIFICATE OF INTERESTED PERSONS
The undersigned counsel of record, pursuant to Eleventh Cir. R. 28-1(b),
certifies that the following persons have an interest in the outcome of this appeal:
1. Jorg Busse, Appellant;
2. The State of Florida, Appellee;
3. L. Kathryn Funchess, attorney for Appellee, State of Florida;
4. Sherri L. Johnson, attorney for Appellee, Lee County Property Appraiser;
5. Lee County, Florida, Appellee;
6. Jack N. Peterson, attorney for Appellee, Lee County;
7. Honorable Sheri Polster-Chappell, Magistrate Judge;
8. Reagan K. Russell, attorney for Appellee, State of Florida;
9. Honorable John E. Steele, United States District Judge;
10. Kenneth M. Wilkinson, Appellee, Lee County Property Appraiser.
STATEMENT OF JURISDICTION
Jurisdiction of this cause is vested in the United States Court of Appeals
pursuant to 28 U.S.C. §1291, review being sought of a final decision of the United
States District Court for the Middle District of Florida.
STATEMENT REGARDING ORAL ARGUMENT
The issues before the Court are neither complex nor unique. The facts are
adequately before the Court in the record. Legal argument is sufficiently presented
in the appellees' briefs. Oral argument will not benefit the Court and serve only to
increase the costs of appeal to the appellees.
STATEMENT OF THE ISSUES
Judge Steele did not abuse the Court's discretion by dismissing Busse's Third
Amended Complaint for lack of subject matter jurisdiction. Other issues raised in
Busse's initial brief are too disjointed and disconsonant to permit reply.
STATEMENT OF THE CASE
1. Nature of the Suit
Appellant Busse claims to own and public records confirm his ownership of a
50' x 130' lot bordering a platted 60' street on a barrier island in Lee County named
Cayo Costa. Busse claims riparian rights. The State, the County and the Property
Appraiser deny his claim of riparian rights.
2. Course of Proceedings
Busse's various attempts to frame a complaint (Dkt. Nos. 1, 25, 102, 282,
288) were dismissed by the Court (Dkt. Nos. 87, 267, 338). Between these events,
Busse, in what can only be termed as vexatiously, filed a barrage of "motions" (e.g.
Dkt. No. 65: "emergency motion for criminal prosecution of defendants' lawyers";
Dkt. No. 68: "plaintiff's motion for emergency hearing on the issue of defendants'
1969 bogus resolution"; Dkt. No. 70:, inter alia, "motion to restrain defendants...from
use of deadly weapons in the private Cayo Costa subdivision") and other pleadings
variously termed "notices" (e.g. Dkt.Nos. 48, 62, 63, 92, 221), "responses",
"exhibits", "evidence", "interrogatories", "affidavits", "memorandums", etc. The
docket below stands res ipsa loquitur.
Busse, apparently as a litigation tactic, also filed formal complaints with the
Florida Bar Association against Appellees' lawyers (Dkt. Nos. 194, 197, 201, 204,
205, 236, 272, 275, 306). Appellant also filed complaints with the Florida
Commission on Ethics against Counsel (Dkt. Nos. 278, 279). Busse was sanctioned
by the Court (Dkt. Nos. 242, 252, 280) and thereafter, was directed to seek leave of
Court prior to filing any pleading. Busse was also directed to desist "the continual
flood of irrelevant, immaterial and unwarranted emails" to the defendants and their
employees (Dkt. No. 261).
3. Disposition Below.
The District Court thereupon granted the State of Florida's motion to dismiss
for lack of jurisdiction (Dkt. No. 291) and Lee County's motion to dismiss (Dkt. No.
304) at Dkt. No. 338.
This appeal followed.
STANDARD OF REVIEW
Judge Steele's granting the State, County and Property Appraisers' motions to
dismiss Busse's Third Amended Complaint is subject to appellate review de novo.
Hill v. White, 321 F.3d 1334, 1335 (11th Cir. 2003).
SUMMARY OF ARGUMENT
The District Court, Judge Steele, correctly dismissed Busse's Third Amended
Complaint. The Court, after an exhaustive review of Busse's claims and noting that
being pro se, the claims would be liberally construed, properly found no federal
subject matter jurisdiction. Lacking federal subject matter jurisdiction, the Court
properly declined to exercise supplemental jurisdiction over any state law claims
which may exist.
1. The District Court properly dismissed the complaint for lack of federal subject
matter jurisdiction.
In an apparent attempt to enhance the value of his real property, Busse seems
to claim that riparian rights apply to his lot. Questions relating to ownership of real
property sound in state law. See, U.S. v. 16.33 Acres of Land in Dade County, State
of Florida, 551 F.2d 678, 679 (11th Cir. 1977). To maintain a case in federal court,
a plaintiff must allege as an essential element of his claim that a federally created
right or immunity has been impugned. Mobil Oil Corp. v. Coastal Petroleum Co.,
671 F.2d 419, 422 (11th Cir. 1982). Busse failed to articulate any such federal
Prior to dismissing the Third Amended Complaint and after spending "an
inordinate amount of time" analyzing Busse's Amended Complaint (Dkt. No. 25),
Judge Steele instructed Busse to provide "a short, plain statement" regarding his
claims. (Dkt. No. 87). A district court on a motion to dismiss is generally limited to
reviewing the complaint's "four corners." Bickley v. Caremark RX, Inc., 461 F.3d
1325, 1329 (11th Cir. 2006). A reviewing court must construe the allegations of the
complaint in the light most favorable to the plaintiff. Hill v. White at 1335. After
what can only be called another exhaustive analysis of Busse's third attempt to state
a claim, the Court properly dismissed the case (Dkt. No. 338). The District Court did
find that Busse "adequately" alleges a taking of property. (Id.) However, Judge
Steele goes on to opine that a taking alone cannot grant federal jurisdiction and
remains subject to procedures for compensation through the State. Id. Not having
alleged any pursuit of state claims in state courts, Busse's claim is not ripe for federal
jurisdiction. Williamson County Regional Planning Com'n v. Hamilton Bank, 473
U.S. 172, 195 (1985).
In Busse's various complaints below and throughout his "initial brief" filed
before this Court, Busse chooses words and phrases such as "land grab" (p. 27);
"trespasses" (p. 28)' "confiscation" (p. 29)' and "misrepresentation" (p. 32), with
many terms highlighted and bolded for effect. Judge Steele correctly recognizes these
complaints as, if anything, sounding in tort and subject to state law (Dkt. No. 338)
over which he declined to assert supplemental jurisdiction. Id. (citing Raney v.
Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th Cir. 2004)). Indeed, if all federal
claims are dismissed, the District Courts are "strongly" encouraged or even required
to dismiss state claims. L.A. Draper v. Wheelabrator-Frye, Inc., 735 F.2d 414, 428
(1984). Having applied the correct law to the facts, Judge Steele correctly dismissed
the case.
The District Court correctly and properly dismissed this case. Prior to doing
so, Judge Steele accorded Busse every opportunity to conform his pleadings to a
recognizable form. Upon Busse's failure to do so, the Court applied the relevant law
and dismissed the case.
The District Court's Order (Dkt. No. 338) should be sustained.
CERTIFICATE OF COMPLIANCE RULE 32(a)
This brief complies with the type-volume limitation of Fed. R. App. P.
32(a)(7)(B) because this brief contains 1,377 words, excluding the parts of the brief
exempted by Fed.R.App.P. 32(a)(7)(B)(iii). This brief has been prepared in a
proportionally spaced typeface using WordPerfect 10 font size 14Times New Roman.
By:________________________
Attorney for Appellee Lee County
Dated: ____________
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August ____, 2008, I sent two true and correct
copies of the foregoing to: Jorg Busse, Post Office Box 1126, Naples, FL 34106-
1126; and one copy each to the following: Harold G. Vielhauer, Esq., L. Kathryn
Funchess, Esq. and Reagan K. Russell, Esq., Florida Department of Environmental
Protection, 3900 Commonwealth Blvd., M.S. 35, Tallahassee, FL 32399 and Sherri
L. Johnson, Dent & Johnson, Chartered, 3415 Magic Oak Lane, Post Office Box
3259, Sarasota, FL 34230.
LEE COUNT ATTORNEY
Florida Bar No. 0832774
4/21/2010 FindACase™ | BERTHA K. SMITH v. C.…
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BERTHA K. SMITH v. C. L. HORN (12/10/15)
SUPREME COURT OF FLORIDA
Docket Number available at www.versuslaw.com
Citation Number available at www.versuslaw.com
BERTHA K. SMITH, PLAINTIFF IN ERROR,
C. L. HORN, DEFENDANT IN ERROR
Writ of Error to Circuit Court, Volusia County, Jas. W. Perkins, Judge.
F. W. Pope, for Plaintiff in Error;
Landis, Fish & Hull and H. A. Horn, for Defendant in Error.
Whitfield, J., Taylor, C. J., and Shackleford and Ellis, J. J., concur; Cockrell, J., absent on account of illness
Author: Whitfield
WHITFIELD, J. -- In an action of ejectment there was judgment for the defendant, and the plaintiff took writ of error. It appears by
an agreed statement of facts that the plaintiff Bertha K. Smith is the heir of John W. Smith, deceased; that said John W. Smith was
the original owner of property which he had surveyed, mapped and platted as "Memento" and filed the plat with the Clerk of the
Circuit Court; that property in controversy is a part of "Memento," being the part shown on the map as "Cemetery Street," lying
between Seabreeze Avenue and Duke Street, and between Blocks 14 and 19 of "Memento" as platted; that from the time of making
and filing said map of "Memento" until the commencement of this suit, the property described in plaintiff's declaration has never
been used as a street, highway or passageway by the public or any persons; that the town has never taken any steps toward
clearing, grading or in any manner improving the said street for street purposes or any other public purposes; that however the
property up until the time of the vacation of the same was not fenced nor claimed by any person as against the easement of the
public; that neither the plaintiff, nor her father, John W. Smith, have owned any property on either side of the land described in
plaintiff's declaration since July 18th, 1902; that the defendant claims title to the said land in which he is in possession, as an
abutting owner of a part and as a purchaser of the balance, through the following chain of title; that on February 10th, 1885, John
W. Smith secured a patent to lots 3 and 4, section 5, township 15 south, range 33 east, the property described in plaintiff's
declaration being a part thereof; that in August, 1884, John W. Smith had such property surveyed, mapped and platted and called it
the town of Memento, dividing it into lots and blocks and separating the blocks by streets and giving the streets names. The land
described in plaintiff's declaration being the street as shown on said map as lying between blocks fourteen and nineteen and
between Seabreeze Avenue and Duke Street; that on February 14th, 1890, John W. Smith, joined by his wife, conveyed by
warranty deed to W. A. Glover, all of block nineteen of Memento, according to the map of Memento, on record; that on April 5th,
1895, W. A. Glover, joined by his wife, conveyed by warranty deed to C. C. Post all of block nineteen of Memento, according to the
map of Memento on record; that on May 13th, 1903, C. C. Post, joined by his wife, conveyed by warranty deed to C. L. Horn, all of
block nineteen of Memento, according to the map of Memento on record; that C. L. Horn, the defendant, is still the owner of the
west five feet of the southerly one hundred and ten feet of block nineteen of Memento, this strip of land lying next to and abutting
that part of the lands described in plaintiff's declaration which defendant claims as an abutting owner, claiming to the center of the
said street; that on July 18th, 1902, Bertha K. Smith, plaintiff herein, joined by her husband, by warranty deed, conveyed to the
Pinewood Cemetery Association all of block fourteen, Memento, excepting such lots or parts of lots as they had previously
conveyed, such property having come to her as heir of John W. Smith, deceased; that on September 28th, 1912, the Pinewood
Cemetery Association conveyed to C. L. Horn, the defendant herein, a strip of land ten feet wide and one hundred and ten feet
long, being the east ten feet of the southerly one hundred and ten feet of the west one-half of the land described in plaintiff's
declaration, the Cemetery Association claiming title thereto as an abutting owner of said vacated street; that in the early part of the
year 1905, the town of Daytona Beach, Florida, was incorporated under the general incorporation laws of the State of Florida; that
the town council of the town of Daytona Beach, Florida, authorized D. D. Rogers, C.E., to make a map of the incorporated town of
Daytona Beach; that a map of the said town of Daytona Beach was so made and placed on record in the office of the clerk of the
Circuit Court of Volusia county, Florida, on January 8th, 1906, a certified copy of said map being hereto attached and marked
"Exhibit B"; that on the map of the incorporation of the town of Daytona Beach, Florida, above referred to, the property described in
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plaintiff's declaration is described thereon as "Hollywood Street:" that on the 28th day of February, 1910, the town council of the
town of Daytona Beach, Florida, passed an ordinance vacating as a street the property described in plaintiff's declaration, which
said street is and was within the incorporated limits of the town of Daytona Beach, Florida; that on May 9th 1914, the heirs of John
W. Smith, by their attorney, F. W. Pope, sent a communication to the mayor of the town of Daytona Beach, Florida, notifying him that
the heirs of John W. Smith, deceased, thereby withdrew any dedication or intended dedication to the land described in plaintiff's
declaration.
For the plaintiff in error it is contended that since it is expressly stipulated "that from the time of making and filing said map of
'Memento' until the commencement of this suit, the property described in plaintiff's declaration has never been used as a street,
highway or passageway by the public or any persons; that the town has never taken any steps toward clearing, grading or in any
manner improving the said street for street purposes or any other public purposes; that, however, the property up until the time of
the vacation of the same was not fenced nor claimed by any person as against the easement of the public," the title to the space
designated as a street on the map remained in the dedicator and consequently the judgment should have been for the plaintiff.
This contention would have force in determining the rights of the parties if it were not also expressly stipulated that the dedicator
subsequently conveyed block 19 of "Memento" "according to the map of Memento on record"; and that the dedicator's sole heir
conveyed "all of block fourteen. Memento, excepting such lots or parts of lots as had been previously conveyed, such property
having come to her as heir of John W. Smith, deceased."
Where the owner of land has it surveyed, mapped and platted showing subdivisions thereof, with spaces for intervening streets or
other highways between the subdivisions clearly indicated upon the map or plat, and conveyances in fee of the subdivisions are
made with reference to such map or plat, the owner thereby evinces an intention to dedicate an easement in the streets or other
highways to the public use as such, the title to the land under the street remaining in the owner or his grantees; and where such
conveyances are made with reference to the map or plat, the dedication of the easement for street purposes cannot be
subsequently revoked as against the grantees, and the title of the grantees of subdivisions abutting on such streets in the absence
of a contrary showing, extends to the center of such highway subject to the public easement. And where the highway is lawfully
surrendered the then holder of the title to abutting property and to the center of the street has the property relieved of the public
easement. See Moody v. Palmer, 50 Cal. 31; Trustees M. E. Church, Hoboken, v. Mayor and Council of Hoboken, 33 N.J.L. 13; Winter
v. Payne, 33 Fla. 470, 15 South. Rep. 211; Porter v. Carpenter, 39 Fla. 14, 21 South. Rep. 788; Price v. Stratton, 45 Fla. 535, 33
South. Rep. 644; Florida E.C.R. Co. v. Worley, 49 Fla. 297, 38 South. Rep. 618; Paine v. Consumers' Forwarding & Storage Co., 71
Fed. Rep. 626; Garnett v. Jacksonville, St. A. & H.R.R. Co., 20 Fla. 889; Florida Southern R. Co. v. Brown, 23 Fla. 104, 1 South. Rep.
512; Lovett v. State, 30 Fla. 142, 11 South. Rep. 550; Rawls v. Tallahassee Hotel Co., 43 Fla. 288, 31 South. Rep. 237; Robbins v.
White, 52 Fla. 613, 42 South. Rep. ; Seaboard Air Line Ry. v. Southern Inv. Co., 53 Fla. 832, 44 South. Rep. 351; 5 Cyc. 911; 8 R.C.L.
"Unless the deed manifests an intention on the part of the grantor to limit the boundary line, the line, when the land is bounded by
a non-navigable stream or highway, extends to the center of such stream or highway, if the grantor is the owner of the fee. Hence,
where a deed describes the land conveyed as extending five hundred feet to a street or avenue, and thence at right angles along
the street one hundred and twenty feet, etc., to the place of beginning, the fee of the land to the center of the street is conveyed
subject to the public easement, notwithstanding the line of five hundred feet extends only to the side of the street and not to its
center. When the avenue is no longer used as a street, the land is freed from the easement." 2 Devlin on Deeds (3rd ed.) § 1024.
This rule is one for construing conveyances, and must be applied to carry out, and not to frustrate the intention of the parties.
Where no contrary intent appears, a conveyance to a street carries title to the center of the street, subject to the public easement,
the title to the land under the street passing by construction and not as appurtenant to the abutting land. In this case the plaintiff
and her predecessor in title having conveyed the land abutting on both sides of the street without manifesting a contrary intent,
the title to the land under the street passed from the grantors by virtue of such conveyances of the abutting land; and the plaintiff
has no title to the land under the street. The fact that the space dedicated as a street was not used as such cannot affect the
rights of grantees who purchased with reference to the plat showing the dedication of the space for the purposes of a street. And if
the street easement over the land be lawfully abandoned or surrendered, the owner of the land holds it discharged of the
easement.
In view of the agreed statement of facts, it must be assumed that the conveyances in question were made with reference to the
streets as marked on the plat or map filed among the public records of the county. Though the spaces marked for streets were not
in fact used as streets, yet the conveyances of lots abutting on the spaces marked on the map as streets, by construction of law to
effectuate the manifest intention of the parties, carries title to the middle of the space marked as streets on the map or plat on file,
there being no contrary intent shown.
TAYLOR, C. J., and SHACKLEFORD and ELLIS, JJ., concur.
COCKRELL, J., absent on account of sickness.
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4/21/2010 FindACase™ | E. R. SIMMONS v. <a n…
E. R. SIMMONS v. STATE FLORIDA (06/25/48)
E. R. SIMMONS
An appeal from the Circuit Court for Bay County, Ira A. Hutchison, Judge.
B. L. Solomon, and Robert L. McCrary, Jr., for appellant.
J. Tom Watson, Attorney General, and Reeves Bowen, Assistant Attorney General, for appellee.
En Banc. White, Associate Justice. Thomas, C.j., Terrell, Chapman, Adams, Sebring and Hobson, JJ., concur.
Author: White
This is an appeal from a conviction and sentence for violation of Statute 794.05. At the trial the lower court did not include in its
instructions to the jury the charge with respect to the penalty fixed by law for the offense for which the accused was then on trial
as required by Statute 918.10. The failure to give the charge is the sole ground for reversal urged by the appellant on this appeal.
Statute 918.10, enacted by the Legislature in the year 1945, provides:
"The presiding judge shall charge the jury only upon the law of the case at the conclusion of argument of counsel, and must include
in said charge the penalty fixed by law for the offense for which the accused is then on trial." It was held by this Court in Eggart v.
State, 40 Fla. 527, 25 So. 144 (1898) that, except in cases involving capital punishment, where a majority of the jury may by a
recommendation to mercy in their verdict commute the penalty of death to life imprisonment, the trial jury has no concern with the
penalty imposed by statute with respect to criminal offenses; and that instructions upon that subject are inappropriate. See also
Osius v. State, 96 Fla. 318, 117 So. 859 (1928). The principle established in those cases still controls as respects the scope of
instructions to be given in a criminal prosecution, unless Section 918.10 has abrogated the effect of the cited decisions and now
makes mandatory the giving of an instruction as to the penalty fixed by law for the offense for which the accused is then on trial.
In the trial of a criminal case in Florida the function of the jury is to determine the issues of fact. The issues of fact embrace the
disputes between the State and the defendant as to what actually existed or occurred at the particular time and place in question.
When the State has carried the burden which rests upon it, the jury must apply the law in charge to the facts thus shown to be true
in order to arrive at a verdict conformable to law. Hence the sole function of the court's charge is properly to inform the jury
concerning the rules of law applicable to the facts in dispute. If the court is required to depart from this course and discuss matters
having no bearing on the true function of the jury, the trial necessarily is disconcerted and impeded.
The preservation of the inherent powers of the three branches of government -- legislative, executive, and judicial -- free from
encroachment or infringement by one upon the other, is essential to the safekeeping of the American system of constitutional rule.
This statement is found: (11 Am. Jur., p. 908)
"Any legislation that hampers judicial action or interferes with the discharge of judicial functions is unconstitutional."
This statement is also found: (16 C.J.S., p. 330).
"Although the legislature may regulate the procedure of trial courts with respect to instructions to juries, it cannot abridge the
power of the judge to charge the law, and direct a verdict where the facts are undisputed, nor can it require the court to instruct
the jury without regard to the evidence offered." (Underscoring supplied).
In State v. Hopper, 71 Mo. 425 (1880), a statute directed the court, in trials upon indictments charging murder in the first degree to
charge upon the law respecting murder in the second degree. Commenting upon the statute, the court said:
"It has always been held to be the duty of the court, in trials for murder, if the evidence would warrant it, to instruct the jury as to
murder in the second degree, and if the above section was meant to require such an instruction to be given, without regard to the
evidence, we do not hesitate to say that it is such an invasion of the province of the judiciary as cannot be tolerated without a
surrender of its independence under the constitution. The legislature can pass any constitutional law it may deem proper, and the
courts are bound to observe it, but it cannot prescribe for them what instructions they shall give in a cause, unless they have
previously embodied into a legislative enactment as the law of the land the substance of such instructions."
It will be observed that statute 918.10, in directing the court to charge upon the penalty, uses the word "must," rather than "may."
If the statute be interpreted as an unqualified mandate that the court in every criminal case include in the charge the penalty which
might be imposed, rather than a mere grant of the privilege to so charge, it becomes an unreasonable infringement of the inherent
power of the court to perform the judicial function because it burdens the court with doing an empty and meaningless act.
In Fagan v. Robbins, 96 Fla. 91, 100, 117 So. 863 (1928), this Court quoted with approval the following enunciation by the Supreme
Court of Pennsylvania:
"The word 'shall' when used by the legislature to prescribe the action of a court is usually a grant of authority, and means 'may' and
even if it be intended to be mandatory it must be subject to the necessary limitation that a proper case has been made out for the
exercise of the power." It is a rule of statutory construction that an interpretation will be adopted which will avoid objectionable
consequences. 50 Am. Jur., p. 372, et seq.
The provision of the statute in question must be interpreted as being merely directory, and not mandatory. It follows that the trial
judge was privileged to ignore the statute in so far as it attempts to require the inclusion in the charge of the penalty for the
offense for which the defendant was on trial.
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Plaintiff,
vs. Case No. 2007 CV 228 FtM 29 SPC
LEE COUNTY, FLORIDA, and its
BOARD OF COUNTY COMMISSIONERS, and
THE LEE COUNTY PROPERTY APPRAISER, and
STATE OF FLORIDA BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND,
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
Defendants.
________________________________________________/
DEFENDANT LEE COUNTY'S MOTION TO DISMISS FOR FAILURE
TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; OR
IN THE ALTERNATIVE, A MOTION FOR SUMMARY JUDGMENT; OR
IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT
AND MEMORANDUM OF LAW IN SUPPORT THEREOF
Comes now Defendant, LEE COUNTY, a political subdivision of the State of Florida, by and
through its counsel, pursuant to Fed. R. Civ. P. 12(b)(6), 12(e), and 56(b) and moves the Court to
dismiss the referenced matter and as grounds would state:
1. Plaintiff's complaint, filed pro se and read most generously, is an apparent attempt
to enhance the value of the Plaintiff's real property by attaching to it littoral or riparian rights.
(a) As Plaintiff avers at paragraph 3(b), and more fully describes at paragraphs
16 and 66, Plaintiff's lot abuts not a waterway, but an alleyway or street.
(b) Beyond Plaintiff's mere assertions of littoral rights, no averment presented,
however poorly pleaded, establishes any factual basis that Plaintiff's lot abuts a waterway; therefore,
no riparian rights attach per Florida law.
(c) In the absence of any littoral rights, Plaintiff cannot claim any right to a dock
permit denied to him by Lee County as averred in paragraphs 79 and 80.
2. In paragraph 46, Plaintiff admits to his companion law suit now pending in state
court. LEE COUNTY is not yet a party in that suit (Case No. 06CA-3185). Should LEE COUNTY
be joined, the County, in the interest of judicial economy, will remove the case to this Court.
3. In Plaintiff's state case, his complaints utilize attachments of copies of his lot
description from public records including aerial photos which clearly depict his lot's location as
platted and as it exists today over 1200 feet from the Gulf of Mexico's waters. (Those attachments
are attached here as exhibits A and B to the Memorandum of Law).
4. In the alternative, the aforesaid notwithstanding, and reading Plaintiff's complaint
most generously, the averments remain so vague or ambiguous that defendant, LEE COUNTY,
cannot reasonably frame a responsive pleading. To wit: the majority of the numbered paragraphs
state various legal holdings from state and federal courts, Florida statutory law, administrative rules,
and opinions of the Florida Attorney General (see paragraphs 7, 9, 11, 13, 15). Other averments
simply make statements apparently based on the Plaintiff's readings of various authorities, legal or
otherwise (see paragraphs 20, 21, etc.). While, for instance, paragraph 10 appears to state a cause
of action, no facts are presented to support the allegation. In sum, Plaintiff's complaint is neither
short or plain or sufficient enough to allow a responsive pleading.
5. In the alternative, pursuant to Fed. R. Civ. P. 56(b), since LEE COUNTY is
submitting matters outside the pleadings, for example exhibits A and B, the Court shall treat the
matter as a motion for summary judgment. Vanero v. City of Tampa, 830 F. Supp. 1457, 1458
(1993)(J. Kovachevich).
6. Plaintiff has apparently named and served both "Lee County" and "its Board of
County Commissioners" as defendants. By statute, the proper party in interest is simply "Lee
County." Therefore, Defendant moves to dismiss "its Board of County Commissioners."
WHEREFORE, LEE COUNTY moves this Court to dismiss the complaint or, in the
alternative, order the Plaintiff to file a petition for relief that, even minimally, meets the Rules of
pleading; or grant the Defendant, LEE COUNTY, summary judgment.
MEMORANDUM IN SUPPORT
A motion made under Federal Rule 12(b)(6) tests the sufficiency of the complaint and cannot
be granted "unless it appears beyond doubt that the plaintiff can prove no set of facts" entitling him
to relief. Conley v. Gibson, 355 U.S. 41, 45-46 (1951).
Plaintiff claims riparian rights. As the Florida Supreme Court articulated in 1895, "in a suit
to enjoin trespass upon riparian rights, the allegations of the bill must be clear and precise as to the
title." Axline v. Shaw, 35 Fla. 305, 309, 17 So. 411, 412 (1895). The Axline court then examines
the claimant's deed as to the boundaries of the subject real property: "In order for one to have
riparian rights, there must be an actual water boundary of the land in connection with which such
rights are claimed. Id at 310, 17 So. at 413. The Axline court concludes: "Such a boundary is land,
and not water, and does not confer riparian rights under our statute." Id. at 305, 17 So. at 412.
Since Axline, the statutory definition of Florida sovereignty lands now extends to the ordinary
high water mark. §253.141(1) Fla. Stat. (2006). Plaintiff's deed (attached as exhibit "A") simply
conveys lot 15A. The lot is clearly outlined on the plat map as a 50' x 130' lot bounded by a street
right-of-way of 60 feet (attached exhibit "B"). Lot 15A is not bounded by water of any sort. Lot
15A does not extend to the "shore" as in Axline, or even the ordinary high water mark as depicted
on the plat. Florida law states: "The land to which the owner holds title must extend to the ordinary
high water mark of the navigable water in order that rights may attach. §253.141(1) Fla. Stat.
Since there are no riparian rights appurtenant to the Plaintiff's lot, the complaint is fatally
deficient and must be dismissed.
/s/ Jack N. Peterson
I HEREBY CERTIFY, that a true and correct copy of Lee County's Motion to Dismiss has
been furnished by U.S. Mail to: Jorg Busse, Plaintiff, Post Office Box 1126, Naples, FL 34106-1126;
Reagan Kathleen Roane, Assistant General Counsel, 3900 Commonwealth Boulevard, Number 35,
Tallahassee, FL 32399-3000; and Kenneth W. Wilkinson, Lee County Property Appraiser, 2480
Thompson Street, Fort Myers, FL 33901, on this 1st day of May, 2007.
By: /s/ Jack N. Peterson
LEE COUNTY ATTORNEY'S OFFICE
Fort Myers, Florida 33902-0398
Telephone No. (239) 533-2236
Facsimile Phone No. (239) 485-2118
PETERSJN@leegov.com
Pleading
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text:
Daily Ratings and News for Constellation Pharmaceuticals
Complete the form below to receive the latest headlines and analysts' recommendations for Constellation Pharmaceuticals with our free daily email newsletter:
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MMA Offshore (ASX:MRM) Stock Price Crosses Above Two Hundred Day Moving Average of $0.00
Nevada Copper (TSE:NCU) Stock Price Passes Above 200-Day Moving Average of $0.00
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China Auto Logistics (NASDAQ:CALI) Share Price Passes Above Two Hundred Day Moving Average of $0.00
Wayfair Inc (NYSE:W) Insider Sells $249,778.90 in Stock
Insider Selling: International Flavors & Fragrances Inc (NYSE:IFF) Insider Sells 928 Shares of Stock
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Constellation Pharmaceuticals (NASDAQ:CNST) Upgraded by Zacks Investment Research to Buy
Posted by Devon Dixon on Jul 12th, 2019
Zacks Investment Research upgraded shares of Constellation Pharmaceuticals (NASDAQ:CNST) from a hold rating to a buy rating in a research report released on Tuesday, Zacks.com reports. The firm currently has $11.00 target price on the stock.
According to Zacks, "Constellation Pharmaceuticals, Inc. operates as a bio-pharmaceutical company. It discovers and develops molecule therapeutics for the treatment of cancer, inflammatory and immunologic disorders. The company's lead product candidates consists of CPI-1205, which inhibits enhancer of zeste homolog 2 and CPI-0610, which inhibits bromodomain and extra terminal domain. Constellation Pharmaceuticals, Inc. is based in Cambridge, United States. "
Get Constellation Pharmaceuticals alerts:
Other equities research analysts have also recently issued reports about the company. Oppenheimer increased their price target on Constellation Pharmaceuticals from $14.00 to $18.00 and gave the company an outperform rating in a research note on Tuesday, April 2nd. HC Wainwright reiterated a buy rating on shares of Zomedica Pharmaceuticals in a research note on Wednesday, June 5th. One analyst has rated the stock with a hold rating and seven have issued a buy rating to the stock. Constellation Pharmaceuticals has an average rating of Buy and an average target price of $17.29.
Shares of NASDAQ CNST opened at $9.85 on Tuesday. The company has a quick ratio of 6.92, a current ratio of 6.92 and a debt-to-equity ratio of 0.25. The stock has a market cap of $255.75 million and a PE ratio of -1.97. Constellation Pharmaceuticals has a 1-year low of $4.01 and a 1-year high of $14.04. The stock's fifty day moving average is $9.83.
Constellation Pharmaceuticals (NASDAQ:CNST) last issued its quarterly earnings data on Wednesday, May 8th. The company reported ($0.75) earnings per share for the quarter, topping analysts' consensus estimates of ($0.80) by $0.05. Analysts predict that Constellation Pharmaceuticals will post -3.13 EPS for the current year.
Several hedge funds have recently made changes to their positions in CNST. Northern Trust Corp grew its holdings in Constellation Pharmaceuticals by 12.4% during the fourth quarter. Northern Trust Corp now owns 51,008 shares of the company's stock worth $204,000 after acquiring an additional 5,624 shares during the period. Geode Capital Management LLC grew its holdings in Constellation Pharmaceuticals by 16.9% during the fourth quarter. Geode Capital Management LLC now owns 13,735 shares of the company's stock worth $55,000 after acquiring an additional 1,987 shares during the period. Casdin Capital LLC grew its holdings in Constellation Pharmaceuticals by 18.4% during the fourth quarter. Casdin Capital LLC now owns 1,556,998 shares of the company's stock worth $6,244,000 after acquiring an additional 242,255 shares during the period. Sphera Funds Management LTD. acquired a new stake in Constellation Pharmaceuticals during the fourth quarter worth about $281,000. Finally, BNP Paribas Arbitrage SA grew its holdings in Constellation Pharmaceuticals by 4,092.4% during the first quarter. BNP Paribas Arbitrage SA now owns 3,312 shares of the company's stock worth $45,000 after acquiring an additional 3,233 shares during the period. 64.38% of the stock is currently owned by institutional investors and hedge funds.
Constellation Pharmaceuticals Company Profile
Constellation Pharmaceuticals, Inc, a clinical-stage biopharmaceutical company, focuses on discovering and developing therapeutics that address serious unmet medical needs in patients with cancers associated with abnormal gene expression or drug resistance. The company's lead product candidates include CPI-0610 that is in Phase II clinical trials for the treatment of patients with myelofibrosis in combination with ruxolitinib; and CPI-1205 that is in Phase Ib/II clinical trials for the treatment of metastatic castration-resistant prostate cancer in combination with androgen receptor signaling inhibitors.
See Also: How does a reverse stock split work?
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redpajama_set_name: RedPajamaCommonCrawl


text:
Biografia

Nacque a Firenze il 14 maggio 1917. Dopo aver conseguito il diploma presso il liceo di Aosta, il 21 ottobre 1936 fu ammesso a frequentare la Regia Accademia Aeronautica di Caserta, Corso Rex, uscendone primo del suo corso, e con il grado di sottotenente, il 1 ottobre 1938, assegnato in servizio al 12º Stormo Bombardamento Terrestre. Fu promosso tenente nell'aprile del 1940. L'entrata in guerra del Regno d'Italia, avvenuta il 10 giugno dello stesso anno, lo vide in servizio presso la 205ª Squadriglia, del 41º Gruppo Bombardamento Terrestre. Si distinse in voli di ricognizione sul Mediterraneo occidentale venendo decorato con una Croce di guerra al valor militare. Dopo l'inizio della Campagna italiana di Grecia, il 28 ottobre 1940, partecipò alle operazioni belliche sul fronte greco-albanese, venendo decorato con una Medaglia d'argento al valor militare nel mese di dicembre. Nel 1941 fu trasferito con il suo reparto all'Aeronautica dell'Egeo, e partecipò alla conquista dell'isola di Creta, e quindi, nel mese di luglio, assunse il comando della 205ª Squadriglia, del 41º Gruppo, allora al comando del colonnello Ettore Muti, di stanza sull'aeroporto di Gadurrà, a Rodi. Durante un'azione di bombardamento sul mare il 27 agosto il suo aereo Savoia-Marchetti S.M.84 fu abbattuto da velivoli da caccia nemici. Per onorarne il coraggio in questo frangente fu decretata la concessione della Medaglia d'oro al valor militare alla memoria.

Onorificenze

Note

Bibliografia

Collegamenti esterni

Aviatori italiani della seconda guerra mondiale
Medaglie d'oro al valor militare
Medaglie d'argento al valor militare
Croci di guerra al valor militare

redpajama_set_name: RedPajamaWikipedia


Ryobi trimmers come in many different styles and engine sizes.
We fit most models that come with a Bump & Feed head. A few models require a special adapter kit.
auto-feed head) we recommend the following GrassGator models (see below for details).
For corded electric trimmers we recommend the following GrassGator models: 3600, 5600 , 5620 or 8010.
Most curved shaft and electric models follow the curved shaft instructions while straight shafts follow the straight shaft instructions.
Some straight shaft models like the 790R or 890R, have a "spool shaft": a hollow cylinder threaded on the inside designed to hold the original line head. If left on, the shaft would be too long to install a GrassGator head plus none of the bolts in the kit will fit. Usually this happens when you take the original head apart in pieces. If your Ryobi is a straight shaft and none of the bolts in the kit fit then put the original head back together, lock the shaft and unscrew the original head off as a complete unit. This will remove the spool shaft. If after unscrewing the original head off as a complete unit you still end up with a female shaft then follow the curved shaft instructions.
Some (not all) CS30, SS30, ES30 and CS26 require a special adapter kit. If your unit has tabs on the bottom of the spool and the spool housing wraps around the shaft then you'll need the adapter kit. You can request one free of charge by e-mail.
If the bump knob of your unit screws onto the shaft and the center shaft is not surrounded by the spool housing then you don't need the adapter.
We are sorry but we don't fit models 704R or 767R.


AE Tuition Ltd operates its own self-contained and managed tuition centres in Slough and Langley.
The tuition centres are run by our Tuition Resource Managers, Senior Teachers and Head Supervisors.
All staff are fully trained and are subjected to DBS checks. Many are qualified to administer first aid.


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The tale of five young students who unwittingly meet up with a sinister hitchhiker, the mask-wearing maniac Leatherface (whose mask is actually made from dried human skin), The Texas Chainsaw Massacre turned a lumberjack's tool into the stuff of nightmares and the blood-curdling scream into an art form. Umbrella Entertainment are proud to present Tobe Hooper's horror masterpiece in a Special 2 Disc Collectors Edition with a bounty of blood curdling special features.


Magician Leo Smetsers has produced a paddle that is made from 100% dry erase board. Whatever you write or draw on the paddle can immediately be wiped clean with your fingers. Draw anything on the paddle, transform it and then wipe it all clean in one swipe of the fingers. Turbo Stick allows you to perform almost any paddle trick...in one paddle!


text:
US Innovation Depends on 5G Buildout
Federal Leaders Outline "Must Dos" for Smart City Success
Innovation is taking place at the local level. Across the U.S., cities are striving to become "Smart Cities," which in its simplest form means applying information and communications technologies to urban challenges. While it is easy to get excited about the shiny objects that are permeating the Smart City conversation – such as driverless cars – it is also important to understand underlying and enabling technologies like 5G and the Internet of Things (IoT). They play an important role in creating cities of the future.
Examples of this futuristic-sounding technology are already active in U.S. metropolitan areas. In New York City, police monitor 15 square miles of the Bronx and Brooklyn through 300 noise sensors that are programmed to detect the sound of gunfire. In Boston, trash bins are equipped with sensors and solar panels that alert crews when to pick up. These are encouraging early examples of innovation applied to empower citizens, optimize existing infrastructure, connect all things and ultimately increase the efficiency of city government. But it's just the beginning. Without a robust communications infrastructure, the promise of these technologies will not be realized.
At a recent event at the National Press Club in Washington, DC, Federal Communications Commission (FCC) Chairman Tom Wheeler spoke about his vision for our mobile future and clearly outlined three factors that we must be cognizant of maintain U.S. leadership with next-generation technology on the horizon.
What Could Hold Us Back?
First, the speed of the wireless connection must be bolstered. Chairman Wheeler stated, "The next generation must be mobile fiber…100 times faster than it is today." Second, responsiveness (also called latency) must be greatly improved. Today we experience an average of 10 milliseconds (or 1/100 of a second.) When this ratio is applied to a driverless car navigating traffic, this becomes much more real. It needs to be less than a millisecond. Finally, spectrum (the invisible airwaves on which mobile communication depends) capacity must be increased. Without the appropriate amount and the right bands of spectrum available, the potential for mobile-based technology becomes severely limited.
It's clear that the future of Smart Cities and the future of the Internet of Things (IoT) will be based on mobile innovation and capacity. Therefore, we must have the right foundation for all of that mobile technology to run. Today, our world runs on a 4G network which powers consumers' ever-growing need for video and constant connectivity. Carriers are furiously preparing for the next generation of networks — 5G – which holds the promise of having the capacity and speed to actually power Smart Cities. As Chairman Wheeler stated, "Yes, 5G will connect the Internet of Everything. If something can be connected, it will be connected in a 5G world."
The Keys Lie in Smart 5G and Spectrum Deployment
Chairman Wheeler asserts that the success of the US as a world leader in wireless depends on the speedy deployment of 5G, stating "American leadership in 5G must be a national priority. The driving force of the 21st century will be powerful processing centralized in the cloud and wirelessly connected to thin clients."
The 5G world will require an entirely new level of spectrum allocation. On July 14, the FCC will vote on Chairman Wheeler's Spectrum Frontiers proceeding, which "is the final piece in the spectrum trifecta of low-band, mid-band, and high-band airwaves that will open up unprecedented amounts of spectrum, speed the rollout of next- generation wireless networks, and re-define network connectivity for years to come." It is one of the first national steps to establishing an infrastructure that can handle Smart Cities.
Can Government Keep Pace?
"Turning innovators loose is far preferable to expecting committees and regulators to define the future," Wheeler said. I am pleased to hear federal officials repeat that technologists should be the driver in this conversation. Statements like this provide hope that we are headed in the right direction. With this mindset, the US, which is lagging in Smart City technology execution compared to cities like Barcelona, Amsterdam and Singapore, has the potential to catch up quickly.
With the right policies in place, that will enable 5G network investment, and a smart spectrum allocation strategy, Wheeler states that "U.S. companies will be first out of the gate." In many cases, Smart Cities technology is already available. Innovators are waiting for the signal that policymakers on the local, state and federal level "get it" and are willing to get out of the way.
The future is wide open. No one truly knows what 5G will bring. Cities that are just beginning to experiment with connected technology to optimize the overall experience of living in large cities will have many challenges and exciting successes. Innovation is never easy, but one thing remains crystal clear: We must continue to insist that building the next-generation network remain a priority. Making the preparations for a 5G build out while allocating the appropriate levels of spectrum is of the absolute highest priority. It will be the foundation on which everything else succeeds.
Published on Industrial IoT 5G
Policy, USAChelsea Collier July 12, 2016 5G, Internet of Things (IoT), smart cities
How Columbus Put the "US" in the Smart City Challenge
Policy, USAChelsea Collier July 12, 2016 Columbus, Smart City Challenge
MWC 2016 Shanghai: 4G, 5G, IoT, smart city in Asia
Chelsea Collier July 5, 2016 China, Internet of Things (IoT)


text:
Le Fiat ESV sono una limitata serie di automobili costruite dalla Fiat agli inizi degli anni settanta e destinate alla sperimentazione. In pratica erano prototipi, o concept car.

Si trattò di 3 modelli, caratterizzati dal vistoso frontale in plastica nera e contrassegnati dalla sigla ESV (dall'inglese Experimental Safety Vehicle, "veicolo di sicurezza sperimentale") e da una cifra numerica intendente il peso in libbre della vettura.

ESV 1500
La ESV 1500, motore e trazione posteriori, derivava dalla 500 (anche se mutuava molte parti della carrozzeria dalla neonata 126). Fu prodotta tra il 1972 e il 1973 in 13 esemplari.

ESV 2000
La ESV 2000 derivava invece dalla 128, avendo così 5 porte e la meccanica anteriore. La cilindrata era la stessa della 128 (1290 cm³) ma il peso risultava superiore di ben 360 kg.

ESV 2500
La ESV 2500 era figlia della 124 e presentava motore anteriore e trazione posteriore. Era quasi il doppio della 124, in termini di peso, e sarebbe costata molto di più, risultando così improponibile sul mercato. Aveva una forma che richiamava molto la Peugeot 304.

In tutto i mezzi ESV prodotti, fino al 1974, furono 47.
La particolarità di queste vetture era la struttura protettiva, che riguardava il tetto, il pianale e il contorno.

È da tener presente che la FIAT non fu la sola costruttrice di ESV. Anche altre aziende del settore fecero sperimentazioni nel campo della sicurezza automobilistica. Nessuno dei modelli ideati fu prodotto in serie.

Collegamenti esterni

ESV


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Vodafone is offering 50 per cent discount on Amazon Prime subscription for prepaid users: How to avail it
Vodafone is offering a 50 per cent discount on Amazon Prime subscription with its latest prepaid plans. The offer can only be redeemed for those who don't have an active Amazon Prime subscription.
Amritanshu Mukherjee
UPDATED: March 22, 2019 13:14 IST
Prepaid subscribers will be able to enjoy a 50 per cent discount on a yearly subscription of Amazon Prime.
With a 50 per cent discount, the Amazon Prime subscription can be availed at a price of Rs 499.
The offer is only valid if the subscriber is between 18-24 years.
Of late, almost all telecom operators in India are relying on clubbing subscriptions to popular streaming services along with their plans. Airtel, Vodafone and BSNL offer a free subscription to Amazon Prime with some of their postpaid plans. These plans do sell well, especially among young subscribers between the age group of 18-24. While postpaid subscribers enjoy a lot of such benefits, prepaid subscribers often miss out on these benefits and have to be content with occasional data benefits. That's no more the case with Vodafone, who is now offering subscription benefits for Amazon Prime.
Update: Vodafone has reached out to India Today Tech and confirmed that the offer hasn't been activated yet. The offer will be activated very soon.
After a long wait, prepaid subscribers of Vodafone will be able to enjoy some benefits with regards to getting subscriptions for Amazon Prime. With Vodafone U plans, prepaid subscribers will be able to enjoy a 50 per cent discount on a yearly subscription of Amazon Prime. The offer can be accessed via the My Vodafone app. The offer will be available in the app as a banner. If you don't see the offer in the My Vodafone app, you will need to make sure the most important criteria for accessing the offer.
The 50 per cent discount on Amazon Prime subscription can be only availed by subscribers between the ages of 18 to 24. Once recharged, Vodafone will offer the code which can then be availed while purchasing a yearly subscription of Amazon Prime. With a 50 per cent discount, the Amazon Prime subscription can be availed at a price of Rs 499 instead of the usual Rs 999.
Do note that the offer is only valid if the subscriber is between 18-24 years. Also, if the subscriber already has access to Amazon Prime, they won't be able to exercise any benefit until they keep it for use later when the current subscription expires.
With this offer, Vodafone may earn back preference among the youth and prevent them from moving on to other subscribers. Vodafone already offers a lot of benefits with its postpaid plans. Postpaid subscribers of Vodafone with a Rs 399 or above plan can avail a free one-year subscription to Amazon Prime.
Amazon Prime subscription usually costs Rs 999 per year and offers access to the Prime service on Amazon that offers faster and free deliveries of products. Additionally, Prime subscribers also get access to Amazon Prime Video and Amazon Prime Music without any additional charge.
BSNL and Airtel also offer a free subscription to Amazon Prime with their postpaid plans. However, Vodafone's move to offer some benefits for prepaid users is a good start and with rivals expected to offer the same, it's the consumer who gains the most.
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Posted byAmritanshu Mukherjee
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Home » A Surprising Leader in Telehealth and Vaccinations
A Surprising Leader in Telehealth and Vaccinations
Need a lesson in how to bring specialized care to every corner of your state? Or how to immunize nearly all your kids? Look south.
What state is a national leader in two important health care areas? That would be Mississippi, thank you very much.
While the state ranks poorly on health issues ranging from obesity to diabetes to cancer deaths, it shines when it comes to telehealth and children's vaccinations.
In February, Politico ran an article about the University of Mississippi Medical Center's efforts to electronically connect with small, rural health care facilities. They were losing patients, and some even faced closing because of a dire physician shortage that was forcing patients from across the state to drive to the university medical center in Jackson for specialty care.
So Kristi Henderson, the university's chief telehealth and innovation officer, led the development of the Center for Telehealth. The center now offers services to 165 sites, and includes 35 specialties. It provides 8,000 telemedicine visits a month ranging from diabetes counseling to robots that examine premature babies. Politico reports that costs dropped 25 percent at small hospitals that no longer had to contract with temporary physicians for their emergency departments. And early data indicate positive results in areas like cardiac arrest, and blood sugar control for patients with diabetes.
Mississippi also received much-deserved accolades when an unexpected outbreak of measles surprised and alarmed medical professionals and parents elsewhere around the country. It turns out that the state has the highest vaccination rate for school-age children against mumps, measles and rubella.
The Washington Post reported that last year, 99.7 percent of the state's kindergartners were fully vaccinated. Amazingly, just 140 students in Mississippi entered school without all of their required shots. That success is attributed to a robust public health program and the fact that only strictly medical exemptions are allowed for vaccinating kids before they enter school. There are no exemptions for religious or philosophical reasons, though that is now being challenged by vaccination opponents.
For now at least, Mary Currier, M.D., Mississippi's state health officer, told the Post in January, "It's nice not having measles in Mississippi."
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Giles County Wellness Center – A healthy balance of the mind, body and spirit.
The Definition of Wellness | A healthy balance of the mind, body and spirit.
Join us as we celebrate Heart Health month at the Giles Wellness Center, 140 Clendennin Rd, Narrows, VA. This event raises awareness about the dangers of heart disease and the steps you can take to reduce your risks. All Carilion Clinic employees, as well as the surrounding communities, are encouraged to participate as we promote awareness of the risks of heart disease.


Bhagavad Gita Chapter 02, Text 69 | Listen to Bhagavad Gita As It Is Online in MP3 Audio Format.
ya — what; nisa — is night; sarva — all; bhutanam — of living entities; tasyam — in that; jagarti — is wakeful; samyami — the self-controlled; yasyam — in which; jagrati — are awake; bhutani — all beings; sa — that is; nisa — night; pasyatah — for the introspective; muneh — sage.
There are two classes of intelligent men. One is intelligent in material activities for sense gratification, and the other is introspective and awake to the cultivation of self-realization. Activities of the introspective sage, or thoughtful man, are night for persons materially absorbed. Materialistic persons remain asleep in such a night due to their ignorance of self-realization. The introspective sage remains alert in the "night" of the materialistic men. The sage feels transcendental pleasure in the gradual advancement of spiritual culture, whereas the man in materialistic activities, being asleep to self-realization, dreams of varieties of sense pleasure, feeling sometimes happy and sometimes distressed in his sleeping condition. The introspective man is always indifferent to materialistic happiness and distress. He goes on with his self-realization activities undisturbed by material reactions.


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Governing Body: International Golf Federation (IGF)
Golf History
Equipment History
Pitch and Put
Beach Golf
Speed Golf
Target Golf
Foot Golf
Golf - Clothing
Golf - Shoes
Golf - Bags
Golf - Clubs
Golf - Tee
Golf - Gloves
Playing Area
Golf is a precision and accuracy sport which is played by striking a ball using clubs into a series of holes on a golf course in as few strokes as possible. The modern game of golf was originated in the 15th century in Scotland, but the sport's ancient origin is unclear and much debated. However, some research shows that a similar game named "colf" or "kolven" was practiced beforehand in the Netherlands and was arrived on the British Isles in the 15th century. The first rules of the game were compiled in March 1744 for "The Honourable Company of Edinburgh Golfers." The world's first golf tournament in existence and the golf's first major "The Open Championship" was first held in 1860 in Ayrshire, Scotland. The first women's competitions were established at the end of the 19th century and the first golf course was constructed in 1864 in England.
To use as few strokes as possible to hit the ball into a series of holes arranged on a golf course.
The ancient history of golf and its origins are quite debatable, but the modern game of golf is believed to be originated in 15th-century Scotland. The standard eighteen hole golf course was first created in 1764 in St Andrews' Old Course (also known as the cathedral of golf) while the sport's first and the oldest major tournament - The British Open - was first played in 1860 in Ayrshire, Scotland.
The sport of golf later got international popularity in the early 19th century when it reached the other parts of the United Kingdom, and then toward the British Empire and the United States.
The first governing body of golf, the United States Golf Association aka the USGA, was found in 1894 until the current governing body in the sport of golf, the Professional Golf Association of America, took control in 1916.
The earliest versions of gold balls were thin leather bags filled with bird feathers. Then came the gutta ball, made from the sap of gutta tree, which travelled faster than the previously used leather balls. Slowly and slowly, players started to notice that the balls which have been used for long and were weary and teary, tend to travel faster than the other newer balls. Thus, they intentionally started pitting them for achieving maximum distance. Then, later in 1905, golf ball manufacturer William Taylor became the first person to introduce the modern day design - the dimpled ball.
Initially, in the ancient days of golf, players used club-shaped tree branches to hit the shots. Then along with the evolution of modern golf, wooden golf clubs were introduced which later transformed into the current day versions.
Golf bags were first introduced in the 1880s while the first motorised golf cart was invented in 1962 by Merlin L. Halvorson.
The first account of using a portable golf tee came in 1889 when two Scottish golfers William Bloxsom and Arthur Douglas patented the concept. However, it was made from rubber and had three rubber legs to hold it on its place on the ground.
The pegging system was first used in 1892 while the cup that holds the ball was attached to the tee was introduced in 1897. Hence, the modern design of golf balls completed itself.
Pitch and putt is a variant of sports which includes playing with holes which are less far from each other than standard golf holes. These holes are generally less than eighty yards from each other. It's played on artificial teeing surfaces and players are allowed to use only two clubs in which one must be a putter. The European Pitch and Putt association globally regulates this sport all around the world since 1999.
Snow Golf is a variant of golf which is played on a golf course covered with ice instead of standard golf courses covered with grass. These courses are usually called whites, in contrast to standard golf courses being called greens. The balls used in this kind of golf are generally coloured to enhance its visibility among the ice.
Beach golf is very surprisingly a team sports variant of standard golf. It was invented in 1999 in Italy. This type of golf is usually played in beaches or sandy places. There are two members in a team, and each one takes his turn in hitting the shot. The clubs used are wedges which are generally used in bunkers. A synthetic rug is used at the tee from which players start.
Urban golf is an informal variant of golf that doesn't involve much strictness into implementing "standard' rules, i.e. it can be played anywhere, anything can be used as an obstacle, and any ball can be used.
Speed golf is a variant of gold that involves completing the entire course in the minimum number of strokes and the quickest time possible. The rules included in playing golf and speed golf are almost identical except a few minor changes -
Golfers are permitted to putt with the flagstick set in the hole.
Players are allowed to wear running shoes.
In case a ball gets lost or goes out-of-bounds, it can be played like a lateral hazard.
Crazy Golf is a putting only variant of golf usually played on an artificial surface. It's also called mini golf.
Target golf is a variant of golf in which players hit the golf ball into a large net of size 30x30 and score points depending on where their balls land. It also has a mini version for children, which involves using a small net of dimensions 15x15.
Disc Golf is another variant of golf in which players throw a frisbee or a disc to cross a course. The objective is to traverse the full golf course in the fewest throws possible.
Foot Golf is a variant of golf which is generally an amalgam of football and golf. The players have to kick the ball into the hole while taking the minimum number of shots. However, the distance of the hole from the tee is shorter in foot golf because it takes far more stress to putt a soft football than a hard golf ball.
Male and female athletes compete as individuals or in teams in golf events.
In this event, each golfer play the same course of 18 holes four times over four days and the one who has the lowest no. of strokes at the end wins the event.
In this format, golfers compete hole by hole and the one who wins the most holes is declared the winner.
Golfers wear collared shirts and trousers. T-shirt and jeans are not allowed.
Leather shoes having metal or plastic cleats are worn that provide grip and increase traction.
Golf - Balls
The golf balls have a diameter of 1.680 inches (42.67 mm) maximum with a weight of 1.620 ounces (45.93 grams) maximum. The balls are spherical with a uniform construction and the entire surface of the balls is filled with consistent dimples.
Golf - Club
A golf club is a kind of golf bat used for striking the ball in a series of holes. The clubs are usually made of wood, iron or a hybrid of both the elements.
Golf bags are huge carrying bags used for storing and transporting the golf kits safely. The bags are designed to protect and organize the golf clubs.
The golf tee is widely used to hold the stationary golf ball before a player can strike it by the golf club. Apart from golf, it is used in other sports as well such as Baseball, American football and Rugby.
They are optional but usually worn by golfers to ensure better grip on the club.
A golf swing is a fundamental technique used to hit the ball with full force. The goal of swing is to direct the kinetic energy as much as possible to the club head so that when it hits the ball, all the energy will transfer to it, sending it into flight. A golf swing starts with a good setup and includes a good grip, correct stance, takeaway, the backswing, the downswing and impact and the follow-through.
A good grip on the club is a player's only means of controlling the clubhead and bringing it into impact in a square (straight) position.
The three main types are:-
Vardon overlap (overlapping) grip- In this grip, the little finger of the trailing hand is placed between the index and middle finger of the dominant/lead hand.
Interlocking Grip- In this grip, the little finger interweaves with the index finger of the other hand.
Baseball (Ten fingers) grip- In this type of the grip, the little finger of the non-dominant hand is placed close to the index finger of the dominant/lead hand.
Stroke Types
There are three main types of strokes in golf:-
Chip- This shot is generally used from very close to the green often 40 yards. The objective of this stroke is to land the ball safely on the green and to let it roll towards the hole. It is played with specially designed chipping clubs (chippers), although any club can be used.
Pitch- This shot is played with high lofted clubs such as pitching wedge, sand wedge or a utility wedge which are capable of hitting the ball high from short distances, normally from 40-50 yards.
Putt- It is used for putting the ball in the hole or close to the hole from the green. Putter (club) is used for the put.
Types Of Shot:
Some of the shots played in golf are:-
Drive- It is a long-distance shot played from the tee box, and is used to advance the ball to a large distance (towards the green) down the fairway.
Approach- This shot is played to place the ball on the green.
Bunker- It is a shot played from a sand trap. It is played with a lofted wedge and is used to hit the ball high to carry it over the lip of the bunker while staying on the green.
Lay-up- It is played from the fairway after the drive shot, and is intended to travel a shorter distance. This hot is played to avoid the landing of the ball into a hazard in a fairway or to position the ball in a favorable position for the next shot.
There is no standardized playing area for golf. It is played on a course on which a series of 18 holes are arranged. Each hole must contain a tee box and a putting green which contains the actual hole or cup which is 4.25 inches in diameter and at least 4 inches deep.
There are other forms of terrain in between like the fairway, the rough and other hazards but each hole on the golf course has unique features with specific layout and arrangement. Most of the courses have par-3, 4, 5 or 6 holes.
The distances of the holes from standard tees vary according to the par. Many times, nine holes courses are used that are played twice for a full round of 18 holes.
Referee: A referee is appointed by the Committee to apply the rules and decide questions of fact. He/she must act on any breaching of the rules that he/she observes or is reported to him/her.


Emerging evidence attributes to orexins/hypocretins (ORs) a protective function in the regulation of cardiovascular responses, heart rate, and hypertension. However, little is known about any direct effect of orexins in the heart function. This is of special relevance considering that cardiovascular diseases, including myocardial infarction and heart failure, are one of the major causes of mortality in the world. In the article published in Clinical Science (2018) (vol. 132, 2547–2564), Patel and colleagues investigated the role of orexins in myocardial protection. Intriguingly, they revealed a source of orexin-A (OR-A) and orexin-B (OR-B) in the heart and cardiomyocytes of the rat. More interestingly, these peptides exert a direct effect on the heart rate by acting in an autocrine/paracrine manner on their respective receptors (OXRs). Indeed, OR-B, but not OR-A, by acting through orexin receptor-2 (OX2R), exerts direct cardioprotective effects in heart failure models. OR-B/OX2R signalling enhances myosin light chain (MLC) and troponin-I (TnI) phosphorylation in a dose-dependent manner, leading to an increase in the strength of their twitch contraction. This effect is mediated by extracellular signal-regulated kinase 1/2 (ERK1/2) and Akt phosphorylation, both in the rat myocardial tissue and human heart samples. A negative correlation between OX2R expression and clinical severity of symptoms has been found in patients with heart failure. Thus, in addition to the known central effects of orexins/OX2R, the work of Patel and colleagues (Clinical Science (2018) 132, 2547–2564) reports a direct action of OR-B on the heart rate pinpointing to OX2R as a potential therapeutic target for prevention and treatment of cardiovascular disease.
The orexins (ORs), also known as hypocretins, are two small peptides produced by a resctricted number of neurons of the dorsolateral hypothalamus, a brain feeding and autonomic regulatory center [1,2]. The two functional forms of orexin, orexin-A (OR-A) and orexin-B (OR-B), derive from a common precursor, pre-pro-orexin, and act through two G protein-coupled receptors, orexin-1 (OX1R) and orexin-2 (OX2R) receptors. OR-A has equal affinity for both OX1R and OX2R, while OR-B has a higher affinity for OX2R [2–4]. OXRs are widely distributed through both central and peripheral systems and, according to this distribution, orexins regulate endocrine, metabolic and cardiovascular functions, such as blood pressure and heart rate .
In the central nervous system (CNS), both orexins and OX2R are expressed in the paraventricular nucleus (PVN) , a central area of integration of sympathetic outflow and cardiovascular function [6,7]. Cardiovascular disease, such as myocardial infarction, is one of the main cause of mortality in the world [8,9]. It has been reported that a central action of orexins regulates blood pressure and heart rate [7,6,10] by stimulating sympathetic nerve activity (SNA) , neuroendocrine and autonomic functions [11,12] such as sympathetic vasomotor tone [11–19]. Several studies attribute these cardioprotective effects to OX-A by revealing the ability of excitatory OX-A-positive inputs to the locus ceruleus (LC), rostro-ventral medulla (RVLM), and nucleus tractus solitarius (NTS) [20–22] to increase fire synchronization of norepinephrine (Ne)-containing neurons  and epinephrine (Epi) release . A negative network between OX-A depolarizing inputs to C1-,C2-, and C3-Epi-containing and to A1-, A2-, A4-, A5-, A7-NE-containing neurons  and A1/C1 inhibitory outputs to OX neurons  has been described to regulate centrally evoked sympathetic nervous responses. Accordingly, cardiovascular disease modulates the OR system in the brain, since in two models of spontaneous hypertension, the SHR and BPH/2J Schlager mouse, up-regulation of orexin signaling has been found likely due to an increase in orexin expression and a greater sensitivity of its receptors, possibly Ox2R. Nevertheless, the blockade of orexin receptors attenuates hypertension and stress-related cardiovascular response .
Despite a plethora of anatomical and pharmacological data point toward a critical role for OR-A and OX1R and OX2R in the regulation of cardiovascular function, the direct effect of these neuropeptides on myocardial function has not been studied before.
In their study, Patel and colleagues  identify a direct role of orexin B in the myocardial protection by revealing an autocrine/paracrine action of this peptide in the rat heart. By in vivo, ex vivo and in vitro approaches they demonstrate that the heart not only expresses OXRs but also represent a direct source of orexins. They report a crucial role of OR-B/OX2R pathway, exerted by local ORs, on the control of heart rate. Starting from in vitro study, the authors show that treatment with OR-B leads to a significant increase in Troponin-I (TnI) and myosin light chain (MLC) phosphorylation in ventricular cardiomyocytes accompanied by the increase in their twitch contraction and rescue of contractile functions. Accordingly, acute cardiac events and heart failure are usually characterized by a reduction in the phosphorylation status of TnI .
The second part of Patel and colleagues  study determined the effect of ORs and OXRs agonist on cardiac function. The authors found that treatment with both OR-B and a selective OX2R agonist in pre- or post-myocardial ischemia mouse models is able to reduce the infarct size. In this way, they show a protective role of OXB/OX2R signaling on the cardiac function . The current findings add new aspects of the direct cardioprotective effects of OR-B.
To the best of our knowledge and assessment of the direct role of OR-B/OX2R pathway on myocardial protection, Patel and colleagues  have examined human heart tissue samples from heart failure patients. The authors report a significant negative correlation between the severity of clinical heart failure symptoms and OX2R expression  in accordance with previous data showing poorer cardiac function and great myocardial damage observed in OX2R-deficient mice.
Finally, Patel and colleagues  confirmed data obtained by in vitro rat analysis performing human ex vivo study. In particular, the authors show that OR-B, but not OR-A, induces extracellular signal-regulated kinase 1/2 (ERK1/2) phosphorylation in human myocardial tissue . It is well known that OXRs are able to activate PI3K and ERK cascade and with this work, the authors suggest OR-B-induced cardioprotection mediated by PI3K/Akt pathway, a pathway usually implicated in myocardial protection and recovery following ischemic stress [29,30]. In their work Patel and colleagues propose that OR-B activates the OX2R-ERK1/2-MLC Ca2+ pathway in the heart leading to an increase in cardiomyocytes contractility via direct phosphorylation of the calmodulin-dependent MLC kinase (MLCK) (Figure 1).
The authors conclude that the human and rat heart not only express functional OX2R, but are also a source of orexins. OR-B can exert direct cardioprotective effects leading to a reduction in the infarct size in case of ischemia. Cardiac OXRs can influence contractile tone via mechanisms involving phosphorylation of TnI and MLC and, on the other hand, the severity of heart failure can negatively influence the expression of OX2R.
The work of Patel and colleagues shows for the first time a novel direct effect of OR-B on myocardial function and remodeling. This is of special relevance by considering that orexin antagonism by non-selective dual orexin receptor antagonist (DORA) has been approved by the FDA in 2014 for treating insomnia.
Thus, in addition to the established central effects of orexins/OX2R pathway [31,32], the authors underline the direct effect of OR-B at the heart function shedding light on the novel potential pharmacological utilization of OR-B or of direct OX2R-specific agonists in the prevention and pharmacological intervention for cardiovascular disease prospecting exciting developments in this field over the coming years.
This work was supported by the Fondi Ricerca di Ateneo (FRA) 2016-2017 from University of Sannio (to R.I.) and by Intramural Funding of the Endocannabinoid Research Group-Institute of Biomolecular Chemisry of CNR (to L.C.).
R.I. and L.C wrote the text and arranged the figure.


A former London jailer on trial for failing to protect a murdered inmate told police he knew the killer was an intimidating man and possibly drunk, "giddy and hyper" that night.
But there was no room in segregation to move the man and usually it's best to let inmates to sleep off alcohol in their own cells, Stephen Jurkus told London police Det. Amanda Pfeffer.
He didn't make a report or share the information that night and "it's something that kind of haunts me a little bit," Jurkus told the detective.
An audio recording of the police interview was played for a jury Tuesday at the trial of Jurkus, a former operations manager at Elgin-Middlesex Detention Centre (EMDC), and Leslie Lonsbary, a former correctional officer there.
Both men have pleaded not guilty to failing to provide the necessaries of life to Adam Kargus, 29, a Sarnia resident killed by his cellmate Anthony George the night of Oct. 31, 2013.
Part of the Crown's case against the two former correctional staff involves messages about a possible brew — homemade alcohol made from fermented fruit — in the cell the inmates shared.
A nurse who did medication rounds about 7:27 p.m. that day testified Tuesday she smelled alcohol in Cell 3, Unit 6 Left , where George and Kargus were held.
George appeared stoned, nurse Mary Baarbe recalled.
Kargus smiled and told her he was OK, Baarbe said.
Baarbe testified she told the correctional officer accompanying her in the unit, Gregory Langford, about the brew. She did not know if Lonsbary, at one point in the caged entranceway to the unit, heard her.
Langford earlier testified that he put the words "possible brew" beside the section for Cell 3 on a whiteboard in the control room staffed that night by Lonsbary.
Langford also testified he reported some of the incident to operations manager Jurkus.
Jurkus confirmed in the police interview, played for the jury, that the message about possible brew had reached him, although he said he did not remember the name of the correctional officer who reported it to him.
"He is intimidating size-wise and intimidating vocalization- and action-wise and sometimes, you know, but I've never had personal issue with him," he told Pfeffer.
Sometimes intoxicated inmates acting up by "banging their cells or . . . belligerent or violent or threatening to staff" are put into segregation, Jurkus said.
But there was no room in segregation that night and it's been practice to let inmates sleep it off, rather than try to search a cell in the evening with lower staff numbers, Jurkus said.
Through questioning, Ducharme stressed several other points: that at the time he was told about the brew, Jurkus was in the middle of something else, about to go off-shift and hand over duties to another operational manager in the room, had no knowledge of George acting up that day, or that his cellmate was Kargus.


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absolutfreak's c-blog
Crowdfunded: Wasteland 2
9:52 AM on 04.13.2017 (server time) 0
(This contains some minor spoilers for Wasteland.)
It was March of 2012. I headed on to IGN to check the news (it was about a year before I discovered Destructoid), and my eyeballs almost popped right out of my head. Brian Fargo wanted to make Wasteland 2, and was using a site called Kickstarter to raise money for it. I had heard of crowdfunding once or twice, but never really considered it before. I immediately went to the site, read everything I could, and decided to drop $100 right then and there. Why did I do this?
This is why.
I was 10 or 11 when my older cousin came to a holiday gathering and gave me his copy of Wasteland. I was pretty clueless about PC gaming at this time in the very early 90's. He gave me a basic synopsis of it, and I couldn't wait to go home and boot up the computer. After what felt like an eternity with the family, I arrived home and got started.
I was blown away. This was like nothing I had ever experienced before in my short gaming career. I knew I liked RPGs, but I had only played Dragon Warrior and the original Final Fantasy at that point. I loved the customization of my team of desert rangers. Despite being turn based and depicted in text, combat had a visceral, brutal feel to it. I was blowing away bikers with assault rifles and beating mutant dogs to death with crowbars. My enemies were dying horribly at the hands of my rangers in post-apocalyptic America, and I was having the time of my life.
I wasn't seeing anything like this on my NES.
Sadly, I could never finish the game. There must have been some defect on the disk, because the game would crash at a certain point in Finster's head every time. This still didn't stop me from playing over and over again. I played this game so much that the disks literally wore out. I tried mailing them to the EA address in the instruction book, but I guess it wasn't up to date. (This was a few years after release at this point.) I never heard back, and could no longer play one of my favorite games ever. Thanks to EA sitting on the IP, a sequel never came. Thankfully, Brian Fargo didn't let that stop him, and he created the Fallout franchise. At least I could still get my post-apocalyptic RPG fix.
I like keeping the look of the original's box art
Fast forward to 2014, and I got my hands on the sequel to the beloved game that cemented my status as a die-hard RPG fan. While having obviously updated graphics, and a not so archaic interface, it kept that same sort of "feel" that the first game had that I played decades earlier. I assembled my new team of rangers and headed out into the wastes of the American southwest. The first thing that I really liked was the ties to the original game and the team of rangers that I adventured with. It was cool to see that the rangers had taken over the Guardian Citadel that I had stormed in the original game, and that Highpool and the Ag Center were still going.
Early in the game, you are forced to choose between saving one of the two settlements, which I thought was a nice touch. I liked the other instances where there wasn't one single solution to a problem, although I wouldn't have complained if it was expanded even further. There wasn't much in the way of stealth options, which was a bit disappointing. The trip to Los Angeles later in the game was a welcome change of location. My favorite event in the game occurs very late, when you get to call on the help of everyone you've assisted throughout the game, and fight a huge battle with them on your side.
Overall, the game was nothing ground breaking or anything truly new, but it didn't need to be. I got an enjoyable sequel to one of the games that has influenced me the most, and for that I am thankful. Even more, Bethesda seems content to continue throwing away the great RPG elements of Fallout, so this game came at a great time. I consider every dime of that hundred dollars I spent to help make this game happen completely worth it. This ended up being part of a renaissance of sorts of cRPGs coming back in modern times. As my first experience with a Kickstarter game that I backed, it was a positive one, and I've already pledged another $100 on the upcoming Wasteland 3.
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Copyright 2004 Daily News, L.P.
In solving air mystery, a special raises troubling new questions.
Like a topnotch episode of "CSI: Crime Scene Investigation," tonight's installment of the PBS science series "Nova" presents a captivating examination of a deadly mystery.
In this case, though, the deaths are real, and the solution, when it finally arrives, is as much infuriating and frightening as satisfying. "Crash of Flight 111" follows the patient, painstaking investigation into the baffling 1998 loss of the Swissair passenger jet, traveling from New York to Geneva.
It plunged suddenly into the ocean after reporting an unexplained malfunction. The pilots, having already radioed an alert about an apparently minor problem with smoke aboard the plane, had circled back to dump excess fuel off the coast of Nova Scotia before heading to Halifax to attempt an emergency landing.
After six minutes of radio silence, the plane slammed into the water, instantly killing all 229 people aboard. The flight-recorder black boxes in the cockpit (one recording data, the other the voices of the pilots) were found at the bottom of the ocean - two of the more than 2 million pieces of debris eventually recovered during a multi-year search.
But in what was just one of many maddening dead ends and puzzling mysteries, the recorders, like the pilots' transmissions to air-traffic controllers, stopped suddenly six minutes before the crash. Canada's Transportation Safety Board took on the task of reconstructing the plane, and deconstructing the disaster.
Flight 111 was rebuilt virtually, in a computer simulation, at the same time it was rebuilt physically. Pieces of the plane were analyzed to estimate how much heat they had been exposed to before hitting the icy ocean, and for how long - a lengthy logistical hunt that eventually revealed the source of the fire, but not its origin.
Before investigators determined how the fire started, they were shocked to learn how it spread. The cabin insulation used then, and still used by most American planes, turns out to be not a flame retardant, as was thought, but dangerously combustible.
"Crash of Flight 111" will leave you satisfied that the investigations of such horrifying crashes are in the best of hands. It's also liable to leave you horrified that the accident in question could have been avoided - and, at this writing, is in danger of being repeated, because the same conditions exist not only in current planes, but in many now being built.
This "Nova" is a scientific and TV triumph. It's a story, unfortunately, of one tragedy compounded by another.