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Butler v. State
830 S.W.2d 125 (1992)
David Lee BUTLER, Appellant, v. The STATE of Texas, Appellee.
No. 1086-90.
Court of Criminal Appeals of Texas, En Banc.
*126 Molly Meredith Lenoir, Gary A. Udashen (on appeal only), Dallas, for appellant. *127 jonn vance, Dist. Atty., ana onaron Batjer, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.
Before the court en banc.
OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
A jury convicted appellant, on his not guilty plea, of the offense of aggravated robbery. Punishment was assessed at fifteen years confinement in the Texas Department of Corrections[1] We granted review to consider whether the court of appeals erred in holding that the trial court did not abuse its discretion in excusing a qualified venireperson over appellant's objection. We will affirm.
As sufficiency of the evidence is not in issue, only a brief recitation of the facts is necessary. In Dallas, on March 13, 1989, a robbery took place at an M.E. Moses store. Having been alerted that suspicious activity was afoot, a number of Dallas Police Officers proceeded to the store and were at the location as a group of suspects exited. After a brief chase, appellant and his cohorts were apprehended; the store manager and one of his employees identified appellant as one of the participants. The manager later testified that appellant had placed a gun to his head and demanded that he open the store's safe and cash register; further testimony indicated that he had tied the manager's hands with an extension cord while an accomplice threatened the employee with a knife. Admitting participation in the crime, appellant nevertheless raised the affirmative defense of duress claiming that his role in the robbery was prompted by a need for money after he received aeatn tnreats irom a Jamaican drug dealer.
On direct appeal, appellant challenged his conviction raising four "grounds of error" [sic], the first of these alleging that the trial court erred in sua sponte excusing a qualified juror over his timely objection. Specifically, he maintains that the court's action was an improper sua sponte challenge for cause of a prospective juror who would otherwise not be challengeable under Article 35.16 of the Texas Code of Criminal Procedure. As such, it is appellant's contention that the trial judge abused his discretion.
During the general voir dire of the array, Venireperson DeCarlucci expressed some apprehension over the possibility of an extended trial[2]. As suggested by the defense counsel, DeCarlucci waited until the general voir dire had concluded and then asked to speak to the judge concerning her problem. Judge Crosier's questioning elicited the following:
THE COURT: Mrs. Kathleen DeCarlucci. Did you need to see us about something, ma'am? JUROR NO. 8: Well, only because he suggested I might want to. I just am experiencing some high anxiety about sitting on a jury for three or four days and my potential loss of pay because it's THE COURT: You work for Travelhost? THE WITNESS [sic]: Yes, sir. THE COURT: What is that now? JUROR NO. 8: Well, I'm specifically in a magazine operation. We publish a travel magazine. THE COURT: Your situation is such that they don't honor jury service by paying you while you are here? Are you just on a commission? *128 JUROR NO. 8: It's counted against my time off. And if I don't have enough days to compensate that, then I don't get paid. THE COURT: By days, you mean such as in lieu of vacation? JUROR NO. 8: Yes, sir. THE COURT: Well, is that going to impair your ability to sit here patiently and listen to this case and be fair and impartial to both sides? JUROR NO. 8: I am concerned that I would be preoccupied with the fact that I am missing work. THE COURT: Of course, you understand everybody here had probably rather be somewhere else. JUROR NO. 8: Oh, I understand that. It's the potential I will lose pay. (Emphasis added). * * * * * *
The judge then asked both the defense and the State if they desired to individually question her. Both sides declined the invitation and the judge dismissed DeCarlucci, her excusal prompting an objection by the defense. Without directly responding to appellant's objection, the judge instead explained that:
[THE COURT:] on yesterday [sic] while we were here on voir dire and also this morning the Court personally observed this venire person [sic], Kathleen DeCarlucci who was seated as it happens the eighth person here on the first row, and she was unusually and noticeably nervous and edgy about something and I assume from what she said it was about her economic situation in being here and not being covered by her employment in any way for it. And I just think it's fair to both sides not to have a juror that's in such a hurry to get out, they can't pay complete, full attention and concentrate on this case. It's not fair to the State or the defense either one. * * * * * *
The court moved on to the next juror without explicitly stating the statutory basis for the excusal of DeCarlucci[3].
The Fifth Court of Appeals reviewed the trial proceedings and, in an unpublished opinion, sustained appellant's first point of error. Butler v. State, No. 05-89-00655-CR, slip op. at 3 (Tex.App.Dallas, delivered June 27, 1990). However, that court subsequently granted the State's Motion for Rehearing and withdrew and vacated its prior opinion and judgment while affirming the trial court's judgment[4]. Butler v. State, No. 05-89-00655-CR (Tex. App.Dallas, delivered September 13, 1990) (Opinion on State's Motion for Rehearing).
In its opinion on rehearing, the court of appeals held that the excusal of venireperson DeCarlucci was a proper exercise of the court's discretion pursuant to Article 35.03(1) of the Code of Criminal Procedure [5]. That court, interpreting past caselaw *129 in concert with relevant portions of the Code[6], noted that although "[a] trial court should never sua sponte excuse prospective jurors for cause unless they are absolutely disqualified from serving on a jury", the presiding judge at trial "shall hear and determine excuses offered by prospective jurors for not serving as a juror and, if sufficient, discharge those members of the venire." Id. at 4 (citing to Johnson v. State, 773 S.W.2d 322, 329 (Tex.Crim.App. 1989); Harris v. State, 784 S.W.2d 5, 18 (Tex.Crim.App.1989); Nichols v. State, 754 S.W.2d 185, 193 (Tex.Crim.App.1988); Tex. Code Crim.Proc.Ann. art. 35.03(1) (Vernon 1981)). The court reasoned that "the trial court excused DeCarlucci pursuant to article 35.03(1)" of the Code and not under Article 35.16, therefore the action taken by the trial court was not an abuse of discretion. Id. at 5-6.
In his petition to this Court, appellant renews his assertion that the trial court has undertaken a sua sponte challenge for cause which, in effect, is tantamount to granting the State an additional peremptory strike. In particular, he claims that the court of appeals erred because the excusal granted in the present cause is similar to those found in Moore v. State, 542 S.W.2d 664 (Tex.Crim.App. 1976), cert. denied, 431 U.S. 949, 97 S. Ct. 2666, 53 L. Ed. 2d 266 (1977), and Green v. State, 764 S.W.2d 242 (Tex.Crim.App. 1989), cases which he claims stand for the proposition that it is improper for the trial court to grant an excusal when the excuse given comes during or after questioning of the venire.
In Green, this Court confronted the propriety of a sua sponte excusal of a prospective venireperson on the ground that she was unable "to distinguish intentional conduct from deliberate conduct" despite the absence of a challenge for cause. 764 S.W.2d at 246. The facts presented in that case invited our review of a court's sua sponte excusal for cause, and not a court's granting of an excuse from jury service. See Id.; See also Tex.Code Crim.Proc.Ann. arts. 35.03 and 35.16 (Vernon supp.1990). There, in response to the State's voir dire questioning, Venireperson Ritz stated that she would be unable to assess the death penalty. Id. at 244. The State challenged her for cause, but further questioning by the defense revealed that she would assess the death penalty if the special issues[7] were proven. Id. at 244-245. The trial judge delayed his decision on the State's challenge until the State had finished its redirect examination of Ritz and until he had had the opportunity to question her. Id. The judge's questioning showed that Ritz had difficulty distinguishing between the terms deliberate and intentional; however, the judge granted the State's challenge for cause solely on the punishment issues and despite Ritz's rehabilitation on the punishment points. Id. As the State "had never challenged Ritz for cause as to her ability to distinguish intentional conduct from deliberate conduct, the trial court's subsequent excusal of Ritz on [that] ground was unquestionably sua sponte [ ]" and, therefore, improper as an excuse for cause on grounds other than absolute disqualification[8]. Id. at 246. The present cause neither involves an excusal for cause nor an absolute disqualification and, thus, *130 is not of the type addressed by Articles 35.16 and 35.19 of our Code. Green, therefore, is without application to this cause.
This Court, in Moore, acknowledged that a trial judge should not sua sponte excuse a potential juror except on grounds of absolute disqualification. Moore, 542 S.W.2d at 668; See also Tex.Code Crim.Proc.Ann. art. 35.19 (Vernon supp. 1990). Once again, however, that case dealt with an excusal based upon Articles 35.16 and 35.19, not Article 35.03. Additionally, that case never reached the grounds raised as that appellant failed to preserve the issue for appeal. Id. As no error was there presented, that holding does not control in the case at issue.
In the past, we have held that Article 35.16 is not a comprehensive list of challenges for cause. See Moore, 542 S.W.2d at 669; Nichols, 754 S.W.2d at 193 (citing Moore). However, the cases reaching that conclusion failed to consider the interplay between Articles 35.19, 35.16 and 35.03. When conducting voir dire, the trial judge has the discretion, upon a reason sufficient to satisfy the court, to excuse an otherwise qualified venireperson from jury service. This is in contrast to a situation where a judge must excuse a venireperson who, for instance, suffers from a disability sufficient to absolutely disqualify. See Tex.Code Crim.Proc.Ann. arts. 35.03, § 1 and 35.19 (Vernon supp. 1990); fn. 5 supra. Article 35.16, on the other hand, provides a framework under which unqualified[9] potential jurors may be discovered by the parties and excised from the panel without need to resort to the exercise of a peremptory strike. See Tex.Code Crim.Proc.Ann. art. 35.16 (Vernon supp. 1990). An excusal of an unqualified venireperson pursuant to Article 35.16 is qualitatively different than one in which a qualified venireperson requests, on the basis of a personal reason, an excuse from jury service, viz: the bases for a cause challenge enumerated in Article 35.16 are, as a matter of law, the only ones which a party may request that a judge rule upon to disqualify a juror, while the judge may, in accordance with Article 35.-03, consider any other excusal factor with or without the prompting of counsel. We hold that Article 35.16 is a complete list of challenges for cause. To the extent that some past cases contain language that differs [10] from this holding, they are disavowed.
Unlike Article 35.16, Article 35.03 provides no enumerated bases for excusing a potential juror, for to do so would ignore the varying circumstances attendant in each new venire. We believe that when rendering an excuse under Article 35.03 a trial judge is not, as appellant suggests, limited to the period before questioning of the venire takes place. In order to provide the most efficient jury empanelment system possible, the judge must retain the ability to render an excuse in order to rectify problems created by such changed circumstances as, e.g., a venireperson's sudden realization that an excuse applies to her or to new and unforeseen developments which would render venirepersons incapable *131 of fairly considering the facts before them. To hold otherwise would unnecessarily hamstring trial judges in the exercise of their duties, and would hinder the selection of a fair and impartial jury. Furthermore, our Legislature has given no guidance regarding the timeframe in which a judge may excuse veniremembers under Article 35.03[11]. See Tex.Code Crim.Proc. Ann. art 35.03 (Vernon supp. 1990). As there is no indication that the Legislature intended to limit the trial judge's power of excusal solely to the period prior to voir dire questioning of the panel, and as the terms used do not imply a limitation prior to the seating of the jury, we will not judicially supply such a meaning. Thus, the power to grant an excusal from jury service (pursuant to Article 35.03) inheres to the trial judge from the first assemblage of the array until the juror is, at last, seated. Here, there was no error in the timing of the excuse.
Our Court has had occasion to consider an excusal rendered solely pursuant to Article 35.03. Johnson v. State, 773 S.W.2d 322, 330 (Tex.Crim.App.1989). In that case, a prospective venireperson stated that she would have difficulty concentrating on the evidence presented because, in the event of a long trial, she would not be able to care for her ten year old grandson. Id. After questioning by the State and the defense, the trial court asked the venireperson whether or not she wished to serve, and she replied that she did not. Id. She was excused (over appellant's objection) pursuant to Article 35.03. Id. Appellant challenged on appeal the trial court's excusal because neither the defense nor the State had challenged the venireperson for cause, and because he believed the excuse given was insufficient to justify the court's action. Id. at 329-330. Writing for this Court in Johnson, Presiding Judge McCormick opined that:
Article 35.03 provides that it shall be the court that hears and determines the sufficiency of excuses for not serving as a juror. As the legislature has placed this responsibility and discretion upon the trial judges of this state, review of their decisions on appeal shall be whether such a decision constituted an abuse of discretion. That is, does the record reasonably reflect a tendency to support the trial court's holding. Where the record so reflects, decisions as to the sufficiency of excuses and the propriety of excusals rendered by trial courts shall not be disturbed on appeal. However, we feel that the exercise of this authority by trial judges should be jealously guarded and relied upon, not by the parties, but by the judges as a last resort for excusing, what would otherwise be, a proper juror. [Citations omitted].
Id. at 330. Thus, excusing the venireperson to care for her grandchild was not an abuse of discretion.
Similarly, we addressed the application of Article 35.03 in our opinion in Harris v. State, 784 S.W.2d 5 (Tex.Crim.App.1989). Harris, a direct appeal from a capital murder conviction, involved an excusal of a venireperson before individual voir dire was conducted, but after the venire had been sworn. Id. at 18. There, State and defense counsel were allowed to generally address the panel about the forthcoming voir dire and, immediately following this discourse, the panel was asked if there were any members who could not return for personal questioning. Id. The judge heard the excuses offered and then allowed counsel to interview the venirepersons. Id. One such venireperson, Dixon, explained that he anticipated new employment in a different city, and the judge, over defense counsel's objection, excused him. Id. Referring to our prior decision in Johnson, we noted that "the excusal of a prospective venireperson at this stage of trial was not a `sua sponte' excusal." Id. (citing to Johnson v. State, 773 S.W.2d 322). Moreover, we observed that:
[c]ases such as [Green, Nichols, Rougeau[12]*132 and Moore ][] wherein we found error, albeit not always reversible, from sua sponte excusals of jurors were not dispositive in Johnson. These cases were founded on the principle that a trial court should not on its own motion excuse a prospective juror for cause under Art. 35.16, V.A.C.C.P., unless he is absolutely disqualified from jury service under Art. 35.19, V.A.C.C.P. * * * * * * In both [Rougeau and Nichols] this Court found the trial court erred in excusing the prospective jurors on its own motion. Neither opinion discussed Art. 35.03 as a basis for the trial judge's actions. See also Green, 764 S.W.2d at 246, n. 1. Under Johnson and our holding today, neither ... excusal of [those venirepersons] would be `sua sponte' or error. To the extent Rougeau and Nichols conflict with the holding in this case and Johnson, they are overruled. Johnson therefore is the controlling caselaw in this area. Since the prospective venireperson in Johnson was excused pursuant to Art. 35.03, § 1, rather than for cause, the rationale in the opinions cited by appellant does not apply.
Id. at 18-19 (emphasis in original). Again, we held that the trial judge's action was not an abuse of discretion. Id. at 19.
The record in the instant cause reflects that the trial judge excused venireperson DeCarlucci pursuant to Article 35.03 and not Article 35.16. The statement made by Judge Crosier following the excusal, in combination with a pattern of referring to all excusals in the same manner, indicates that this was not a sua sponte strike for cause under Article 35.16. Instead, this was, following the rationale of Harris and Johnson, a proper exercise of the trial judge's discretionary authority, under Article 35.03, to grant an excusal to an otherwise qualified venireperson. We hold the trial judge's excusal of venireperson De-Carlucci was not an abuse of discretion, and appellant's ground for review is, therefore, overruled.
The judgment of the court of appeals is affirmed.
MILLER, Judge, concurring.
Although neither party mentions it in their briefs, I feel compelled, in the interests of justice and completeness, to mention Section 62.110 of the Texas Government Code which also addresses the judicial excuse of a potential juror.[1] Section 62.110 is a codification of former civil statute Article 2120, an article which, until its amendment in 1971, was similar to the Code of Criminal Procedure's Article 35.-03(1). See Tex.Rev.Civ.Stat. art. 2120 (1971) (repealed 1985); cf. Tex.Code Crim. Proc.Ann. art. 35.03 (Vernon supp. 1990); majority fn. 5 supra.
The language in former Article 2120 has been a part of Texas law as far back as 1876. Although renumbered by successive legislatures, that article read:
The court may hear any reasonable excuse of a juror, and may release him entirely or until some other day of the term.
Acts 1876, p. 171; G.L. vol. 8, p. 1007. In 1971, the Sixty-Second Legislature amended Article 2120 to add to the above the following:
provided, however, the court shall not excuse any juror for economic reasons *133 unless all parties 01 record are present and approve such excuse.
Tex.Rev.Civ.Stat. art. 2120 (Acts 1971, 62nd Leg., p. 2801, ch. 905) (repealed 1985).
This Court, in White v. State, reviewed, in light of former Article 2120, the excusals given to five prospective veniremembers. 591 S.W.2d 851 (Tex.Crim.App.1980). There, the judge had granted excuses for a number of job-related reasons, to-wit: a hospital chief-of-staff's need to attend an accreditation conference, the planned vacations of two veniremembers, the need of a construction superintendent to be on-site during a critical stage, and the need of a worker to remain at work where his absence would reduce the staff to one-half. Id. at 857. There, we stated that:
[w]hile the excuses offered by the five prospective jurors were job-related, there is no showing that jury service for any of these individuals would have resulted in the loss of job, loss of compensation, salaries, wages, etc., the suffering of a financial burden or other economic consequences. We do not conclude that they were excused for economic reasons. No violation of said Article 2120 is shown. Appellant's ground of error is overruled.
Because White does not address the relevant jury selection provision of the Code of Criminal Procedure (Article 35.03), its persuasive force is diminished as applied to this case. Nonetheless, even if we proceed on the assumption that the somewhat cursory analysis of White is fully applicable in this case, DeCarlucci's excuse was not granted for an economic reason. Her anxiety over service on the jury, not her loss of pay or vacation time, was the factor the judge considered in excusing her from service; that is, she was excused because she would not have been able to properly weigh the facts and consider the evidence. Therefore, she was excused because she would have been a bad juror, and White is not dispositive of the instant cause.
In Mays v. State, this Court was confronted with a case in which a trial judge excused several qualified venirepersons for economic reasons. 726 S.W.2d 937, 950 (Tex.Crim.App. 1986), cert. denied, 484 U.S. 1079, 108 S. Ct. 1059, 98 L. Ed. 2d 1020 (1988). Relying on Section 62.110 in stating that a judge should not excuse for economic reasons, we nonetheless held that "[ejrror, if any, was waivedf]" when the appellant and the State were present and failed to object to the excusals. Id. at 950. Seemingly implicit in such a holding was an affirmation of the applicability of Section 62.110 to judicial excusals in criminal trials. However, as that case indicates, the merits of the ground of error in which Section 62.110 was addressed were never reached. Id.
Despite our earlier decisions implicating the contrary, I am not persuaded of the applicability of that section to the criminal setting. Chapter 62 of the Government Code, a generalized codification of laws, addresses both the qualifications of potential jurors and the procedures acceptable for drawing them from the citizenry-atlarge. See Tex.Gov't Code Ann. ch. 62 (Vernon supp. 1988). As such, the procedures indicated have application to all trials in Texas[2], except where a particularized code addresses the same issue and cannot be read to give effect to both provisions. See, e.g. Tex.Code Crim.Proc.Ann. ch. 34 (Vernon supp. 1988). Article 35.03 creates just such a dilemma.
As a reading of Article 34 of the Code of Criminal Procedure indicates, the Legislature has seen fit to create special procedures in the jury selection area of criminal trials. Furthermore, Chapter 35 of the Code involves procedures for jury selection which occur after the venire has been created; i.e., it does not involve the general qualifications to serve, but rather is concerned *134 with the juror qualifications unique to a criminal trial. A comparison of Article 35.03 of the Code of Criminal Procedure and Section 62.110 of the Government Code reveals an overlap in which the two codes contain extremely similar language. Compare Tex.Code Crim.Proc.Ann. art. 35.03 (Vernon supp. 1988) with Tex.Gov't Code Ann. § 62.110 (Vernon supp. 1988). As can be seen, the major difference between the two centers on the final subsection of each, namely: the disallowance of economic based excusals under Section 62.110(c), and the noticeable absence of any such prohibition under Article 35.03, § 3.
In fact, Article 35.03, § 3, amended as it was in 1987, refers to Article 29.012(c) which in turn describes the requirements of an affidavit necessary for a religious based excusal. Article 29.012 defines the term "Religious holy day," and is clearly the counterpart of Section 62.112 of the Government Code; a simultaneous reading of the two enactments reveals virtually identical language. Compare Tex.Code Crim.Proc.Ann. art. 29.012 (Vernon supp. 1988) with Tex.Gov't Code Ann. § 62.112 (Vernon supp. 1988). Such symmetry is neither accidental nor duplicative; on the contrary, the clear import of this intentional bifurcation by the Legislature can lead to only one conclusion: our procedural treatment of economically based excusals is required to be different.
In addition, the prohibition against economic excuses was not added to former Article 2120 until its amendment in 1971. Tex.Rev.Civ.Stat. art. 2120 (Acts 1971, 62nd Leg., p. 2801, ch. 905) (repealed 1985). That addition was to the generalized code and it created an irreconcilable conflict with the Code of Criminal Procedure's analog. Where such a conflict exists, every attempt must be made to construe the two provisions so as to give effect to both. Tex.Gov't Code Ann. § 311.026(a) (Vernon supp. 1988). But where, as here, the conflict is between a special provision and a general provision, the general provision will only be given effect where it is the latter enactment and it is the legislature's manifest intent that the general prevail. Tex.Gov't Code Ann. § 311.026(b) (Vernon supp. 1988). Former Article 2120 does not indicate a manifest intent on the part of the Sixty-Second Legislature to extend the prohibition against economic based excuses to criminal proceedings.[3] Further, Article 35.03 was amended in 1987 (as indicated above), but the Legislature chose not to add the prohibition at that time. Given that the Legislature did not act to change the more particularized codification governing a parallel area, it is reasonable to conclude that no such extension was ever intended. Thus, Article 35.03 is (and always has been) the relevant provision and it alone controls the issue at bar.
Having expressed my belief that past caselaw analyzed on the basis of Section 62.110 is in error and that Article 35.03 governs criminal trials, I respectfully concur.
CLINTON, Judge, dissenting.
In saying that "there is no indication that the Legislature intended to limit the trial judge's power of excusal solely to the period prior to the voir dire questioning of the panel ...," majority opinion, at 131, the majority overlooks the chronological structure in Chapter Thirtyfive of the Code of Criminal Procedure.[1]
First, after an announcement of ready, of course, names of those summoned as jurors are called. Article 35.01. Then those who respond are sworn to "make true answers to such questions as may be propounded to you ... touching on your service and qualifications as a juror[.]" Article 35.02. Thus prospective venire persons *135 have been identified and cautioned to be truthful concerning such matters.
"[T]he court shall THEN hear and determine excuses offered for not serving as a juror, and if the court deems the excuse sufficient, the court shall discharge the juror or postpone the juror's service to a date specified by the court." Article 35.03.[2]
The Legislature obviously contemplated that this process for screening out jurors with sufficient excuses is to be completed before the court moves on to other matters relating to formation of the jury, including hearing any challenge to the array pursuant to Articles 35.05 through 35.09. The court shall proceed "to try the qualifications of those [remaining] jurors," Article 35.10, subject to a "shuffle" under Article 35.11.
Thereafter, the court tests the statutory "qualification" of prospective jurors, Article 35.12, and those who pass the test are then subjected to voir dire examination by the respective parties for purposes of making a peremptory challenge or challenge for cause under Articles 35.14 and 35.16, respectively.
When voir dire is completed the parties strike their lists and deliver them to the clerk; the clerk calls off the first twelve names (six in county court) that have not been stricken. Those called constitute the jury to try the case.
Nowhere in the Code of Criminal Procedure has the Legislature authorized what the majority legislates todaythat which manifestly is rife with and readily susceptible to much mischief.
Therefore, I respectfully dissent.
OVERSTREET, J., joins.
[1] Now the Texas Department of Criminal Justice, Institutional Division.
[2] In response to defense counsel's questioning of the panel-at-large, DeCarlucci responded in the following way:
JUROR NO. 8 [DeCarlucci]: May I say something?
MR. SKOR [Defense Counsel]: Sure.
JUROR NO. 8: This is not relating to legalities of the facts but personal and I am having a lot of anxiety about serving on a jury for a multiple of days due to the fact that my employer deducts from my time off, my absence. And I'm concerned that I'm having anxiety that I could be objective about evaluating the case. MR. SKOR: Maybe you can come up and talk to the Judge. Thank you. * * * * * *
[3] Furthermore, the information found in the court's juror list and on the individual juror information cards does not distinguish between excusals and challenges for cause. The juror list, although providing a space to indicate excusals, was marked for cause in every instance, including those in which a venireperson was clearly granted an excusal without objection. Additionally, it is unclear whether visiting Judge Byron Crosier, the court reporter or a clerk marked the list. The juror information cards, conversely, simply reflect whether a venireperson was "Exc." (excused) or "J" (accepted as a juror).
[4] The court of appeals resolved all Points of Error against the appellant.
[5] Article 35.03 provides:
Art. 3S.03. Excuses
Sec.1. Except as provided by Sections 2 and 3 of this article, the court shall then hear and determine excuses offered for not serving as a juror, and if the court deems the excuse sufficient, the court shall discharge the juror or postpone the juror's service to a date specified by the court.
Sec. 2. Under a plan approved by the commissioner's court of the county in the same manner as a plan is approved for jury selection under Section 62.011, Government Code, in a case other than a capital felony case, the court's designee may hear and determine an excuse offered for not serving as a juror, and if the court's designee deems the excuse sufficient, he may postpone the juror's service to a date specified by the court's designee.
Sec. 3. A court or a court's designee may discharge a juror or postpone the juror's service on the basis of the juror's observation of a religious holy day or religious beliefs only if the juror provides an affidavit as required by Article 29.012(c) of this code. Tex.Code Crim.Proc.Ann. art. 35.03 (Vernon supp. 1988).
[6] The portions of Chapter 35 that are most relevant to the matter at bar are Articles 35.03, 35.16 and 35.19. See Tex.Code Crim.Proc.Ann. arts. 35.01 et seq. (Vernon supp. 1988).
[7] Tex.Code Crim.Proc.Ann. art. 37.071(b) (Vernon supp. 1988).
[8] Article 35.19 requires a judge to excuse a potential juror "when it appears that he is subject to the second, third or fourth cause of challenge in Article 35.16...." Tex.Code Crim.Proc.Ann. art. 35.19 (Vernon supp. 1988). The disabilities which Article 35.19 refers to are:
2. That he has been convicted of theft or any felony;
3. That he is under indictment or other legal accusation for theft or any felony;
4. That he is insane;....
Tex.Code Crim.Proc Ann. art. 35.16(a) (Vernon supp. 1988).
[9] Past caselaw has intermixed the use of the words "disqualified" and "unqualified" despite the grammatical distinction that must be drawn, in light of our Code of Criminal Procedure, between the two words. The Texas Legislature has only provided for three instances in which a prospective juror is disqualified from jury service ab initio. See Tex.Code Crim.Proc.Ann. art. 35.19 (Vernon supp. 1990) (Absolute Disqualification). All other prospective jurors are presumptively qualified to serve as jurors, although they may, in fact, harbor a disability rendering them unqualified to serve. These disabilities are codified in Article 35.16, and are the bases for a challenge for cause. See Tex.Code Crim. Proc.Ann. art. 35.16 (Vernon supp. 1990). Nevertheless, this unqualified venireperson is eligible to serve on the jury until such time as her disability is made apparent to the trial judge. Once the disability is discovered, the trial judge must rule (in all situations save those covered by Article 35.19) on the challenge for cause. It is at this point that the trial judge, faced with a challenged, unfit venireperson, disqualifies the prospective juror. As a result, the author has purposefully used the term "absolute disqualification" in referring to venirepersons statutorily disabled from jury service under Article 35.19, the word "unqualified" when referring to a venireperson who is subject to disqualification via a challenge for cause, and the word "disqualified" when the trial judge (pursuant to a challenge for cause) has decided that a venireperson is unfit.
[10] For example, Moore and its progeny.
[11] Little information regarding the bill history of the 1965 Code is available, and subsequent amendments to Article 35.03 have not discussed this issue.
[12] Rougeau v. State, 738 S.W.2d 651 (Tex.Crim. App.1987), cert. denied, 485 U.S. 1029, 108 S. Ct. 1586, 99 L. Ed. 2d 901 (1988).
[1] § 62.110. Judicial Excuse of Jurors
(a) Except as provided by this section, a court may hear any reasonable sworn excuse of a prospective juror and release him from jury service entirely or until another day of the term.
(b) Pursuant to a plan approved by the commissioners court of the county in the same manner as a plan is approved for jury selection under Section 62.011, the court's designee may hear any reasonable excuse of a prospective juror and discharge the juror or release him from jury service until a specified day of the term.
(c) The court or the court's designee as provided by this section may not excuse a prospective juror for an economic reason unless each party of record is present and approves the release of the juror for that reason.
Tex.Gov't Code Ann. § 62.110 (Vernon 1988).
[2] For instance, this Court has, for many years, properly followed the provisions of Chapter 62's predecessors on the general qualifications of jurors and the use of the jury wheel. See Shelby v. State, 479 S.W.2d 31 (Tex.Crim.App. 1972); Williams v. State, 261 S.W.2d 175 (Tex.Crim. App.1953); Atwood v. State, 96 Tex.Crim. 249, 257 S.W. 563 (App.1924); Herrera v. State, 78 Tex.Crim. 259, 180 S.W. 1097 (App.1916). It should be noted that the Code of Criminal Procedure does not speak on this subject.
[3] There is a paucity of information in the bill history of former Article 2120. The expressed goals of the bill which was ultimately enacted into law do not, however, show any intent on the part of the Legislature to place this prohibition on criminal trials. They do, in fact, seem to indicate just the contrary.
[1] All articles referred to are in the Vernon's Annotated Texas Code of Criminal Procedure (V.A.C.C.P.). Those mentioned relate to jury selection in a noncapital case.
[2] All emphasis here and throughout this opinion is mine unless otherwise indicated.
of Texas Court of Criminal Appeals opinions.


Green Time Bags sent me several products to test out in order to complete an honest product review.
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My Review: I was sent a cloth napkin, sandwich and snack bag to review.
The cloth napkin I received is two pieces of fabric machine sewn together. It was approximately 9 1/2″ x 10 1/2″.I don't see this type of napkin on their website. All I see on it is a flannel cloth material with different edging. I think I prefer the one I received, I think the material will last longer. I love the idea of a cloth napkin. You can wash them with your laundry and reuse them. No more napkin or paper towel buying. They come in packs of five, so you can send one to school in a lunchbox every day of the week and wash them all over the weekend. They have several different designs to choose from as well.
The sandwich bag I received has a velcro closure.The lining is waterproof. So you don't have to worry about your food leaking through the bag. It is super easy to clean. I just wash mine with all my other dishes in the sink and rinse it out with water. You could always through it in the washer too. I prefer to hand wash mine to keep the velcro in nice shape. The bag is plenty big enough for a sandwich. You could probably even fit two in it. The bag keeps your sandwich fresh, it doesn't come out soggy or dry.I like my sandwich bag.
The zippered snack bag is made of the same materials. Its measurement is 6×5 inches. I've learned it works great for chips, cookies and apple slices so far.
I love the concept of the products, with them being reusable. Anything to cut back on waste is awesome! It's brilliant and will save tons of money!!Reduce waste and save money, I don't know how it can get any better than that. The products do what they are intended to do. They keep the food fresh. The products are reasonably priced. Green Time Bags gets Two Thumbs Up from me!!
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Disclosure: I was sent samples of the above products to review. All opinions are my own and was not paid for the opinions stated in the review. This review is not associated, sponsored nor endorsed by Facebook or Twitter or any other social networking site. I am disclosing this in accordance with the Federal Trade Commissions 16 CFR, Part 255 Guides Concerning the Use of Endorsements and Testimonials In Advertising.


Dustin Slaughter filed this request with the Federal Emergency Management Agency of the United States of America.
Attached is the acknowledgement of receipt of your Freedom of Information Act (FOIA) Request, FEMA 2014-FEFO-00559. If you need to contact our office concerning this request, please call Monique Booker-Kasper, FOIA Team Lead, at (202) 212-2302 or electronically at Disclosure-Unit-TeamA@fema.dhs.gov<mailto:Disclosure-Unit-TeamA@fema.dhs.gov> and refer to your FEMA reference number.
A copy of the below appeal has been sent to the indicated address.
Please consider this a formal appeal to your agency's conditional fee waiver regarding case #2014-FEF0-00559.
This requester is a news media representative, as evidenced by published stories in a number of online media outlets: https://dustinslaughter.contently.com/.
"MuckRock is a collaborative news site that brings together journalists, researchers, activists, and regular citizens to request, analyze & share government documents, making politics more transparent and democracies more informed."
As you are likely aware, processing notes often provide insight into how a government agency, such as FEMA, deliberates internally, and may even add to the value of a news story. Since this information is sought for journalistic purposes, and will therefore be released to the public free of charge.
Furthermore, the related request, case #2014-FEFO-00248, was not given a conditional fee waiver. Indeed, those responsive records are expected to be released free of charge.
I urge your office to reconsider its conditional fee waiver decision with the understanding that this request is for news gathering purposes, not commercial ones, and release the requested processing notes as such.
Thank you for your time and consideration, and I look forward to your agency's timely response as mandated by statute.
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 20, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2014-FEF0-00559.
Attached, please find your September 28, 2015, Appeal response from the Federal Emergency Management Agency.


text:
alk-inhibitors
New and Potent ALK inhibitors are available. Including ALK inhibitors drugs in clinical trials.
2004; Su et al 2006; Jiang et al 2008; Zhou et al 2010; Luo et
Posted on January 14, 2020 by alki6488
2004; Su et al. 2006; Jiang et al. 2008; Zhou et al. 2010; Luo et al. 2013a). The limestone-dominated regions in Southwestern China are undergoing rapid changes due to the central government's, ''Great Western Development'' plan (Zhou and Grumbine 2011). Under population and development pressures, severe limestone desertification has occurred on more than half the total limestone areas in China (Jiang et al. 2008).
Environmental degradation in these regions has made sustainable learn more development and poverty alleviation more difficult. Many Dendrobium species, including D. catenatum, can also be grown, though may not be the optimal condition, on bare limestone rocks, so its cultivation can help to alleviate rock desertification. Social benefits Growing, tending and harvesting economic forests are labor intensive. This can be difficult for people in Yachang where a large proportion PF-6463922 cost of young laborers have migrated to coastal regions to seek
better incomes. Elders, women and children remain in the villages. Similarly, the industrial scale artificial cultivation operations described above, which demand very large initial investments (Table 1) and somewhat complex management, exclude the participation of villagers with limited education and financial means, other than perhaps being employed as cheap labor. The proposed find more restoration-friendly orchid cultivation, with proper training and appropriate small loans, can be adopted by the marginalized populations of older and female rural residents in orchid hotspots because it
requires non-intensive labor and smaller initial investments than shade house operations (Table 1). As mentioned above, these medicinal orchids command a high market value and can be harvested non-destructively for up to a decade or more in some species, allowing rural farmers to gain financial independence. Potential pitfalls and possible ways to overcome them There are three major potential pitfalls that may prevent the realization of the intended benefits of restoration-friendly cultivation. Firstly, seedlings of Nintedanib (BIBF 1120) inappropriate genetic provenance are used such that species level genetic diversity is reduced or location adaption is lost or broken (Vallee et al. 2004; McKay et al. 2005). As a general guideline we recommend that local sources should be used to preserve and restore possible local adaptations, as has been practiced at several locations where restoration-friendly cultivation has started (unpublished data). This is especially important for species with relatively wide natural distributions, such as D. catenatum, which are found in China and Japan, from the warm temperate region such as Zhejiang province to the subtropical Yunnan, Guizhou, Guangxi and Guangdong provinces. Population genetic studies revealed significant differences among populations across D. catenatum's distribution range (Ding et al. 2008).
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gsk-3 inhibitors

redpajama_set_name: RedPajamaCommonCrawl


text:
44th anniversary of A146 Bluff starting the OSTAR to the Atlantic Ocean
Tagged: A146, OSTAR, Transatlantic
Today, 5 June 2020 is the 44th anniversary of the legend Roderick White starting the 1976 OSTAR, sailing Atalanta A146 Bluff single handed across the Atlantic Ocean.
He went on to finish over 61 days later having sailed over 4500 NM.
Here are some more details:
A146 BLUFF – ROD WHITE RACING IN THE 1976 OSTAR
5 June 1976 – Start line – Plymouth.
11 June 1976 – 40° 48'N. 14 W.
18 June 1976 – 42° N. 18.30 W.
2 July 1976 – 37° 30'N. 38 W.
8 July 1976 – 38°N. 46 W.
16 July 1976 – 38° 30'N. 53 W.
23 July 1976 – 35°N. 56.30 W.
5 August 1976 – 41° 26N. 71.23 W. – Finishing line – Brenton Reef Tower.
Rod White estimated that he had sailed 4500 NM in his 61 day crossing, averaging just over 3 knots. He left the boat with the American section of the AOA, intending to one day sail her back to UK, but he got hooked on round the world races, and sold her to Jonathan Coille, son of Russell Coille, AOA American Rep. Her home port was Annapolis, Maryland. Rod White returned to the UK with a French friend.
Rod White was awarded the 1976 AOA Etchells Trophy.
A146 was sold to Bill Mitchell of Maryland in 1982, who sold her to the current owners, David & Michelle Walworth in September 1984. The Walworths spent many hours restoring Bluff which they renamed Le Bateau Ivre. After her refit she sailed from Chesapeake Bay to Freeport, Long Island, initially kept her at Annapolis, then finally in the American Virgin Islands. David & Michelle Walworth were awarded the 1987 AOA Sinclair Trophy.
The AOA would like to contact Rod White or his family or friends, to get more details of his epic voyage.
Thanks for the anniversary reminder. A146 was already a very well travelled Atalanta before the '76 OSTAR having done 1000s of miles in the Channel in the lead up to the 1975 Round Britain race under skipper Bill Perkes (see book page).
That 1976 OSTAR was notable for so many reasons. The top one being, of course, the entry of A146. But there were others:
Highest number of entries (I think ever) at 125 started
Multi-hulls coming of age
Alain Colas in his 236′ Club Mediterranée
The sad loss of Three Cheers and Mike McMullen, whose wife was electrocuted whilst preparing the boat
Five depressions in quick succession yielding average wind speeds of 35knots for over a week
There are some very intersting articles on the inter web. The Royal Western Yacht Club have a page which includes the full list of yachts and their fate in the race. Rod and Bluff acquitted themselves well given the conditions, although he did not finish within the time limit. There is also an account of the race in the book 'The Moonshine Logs' (Moonshine was one of the boats in the race). Google Books allows you to read the OSTAR 76 chapter.
Rod was bitten by the ocean racing bug and went on crew on Flyer in the 1977 and 1981 Whitbread Round The World races.
And Richard, you may find this Yachting Monthly article interesting in terms of tracking Rod down – it appears that there was an attempt at a reunion of the Flyer crew in 2011.
I remember Bill Perkes met him once in Weymouth circa 1978-80
I think he sold Sherpa to buy a Ohlson 8.8 from memory I have in the loft his self steering gear and the plans..I think he broke a rudder or keel on the Round Britain race Faireys dispatched a new one to him up north.


We do custom tattoos, piercings, and clothing. We have professional photography and music recording as well we're a bigger shop and if you can't find a babysitter no worries we have arcade machines and things to keep Everyone and anyone happy. We are here to please our clients and friends we're Passion before paycheck every day.
As the original owner of body haven't had to give the start to a friend who screw me over and warm Utah but I will let the little things get me down or the big things. I love my family most but my clients are a part of that when someone asks you to tattoo them they might as well be family cause they are asking you to change their body for life. That's as sacred as it gets to me so my My shop and my art have to be pushed to the best at all times otherwise what's the point.


text:
Wendy Rose Gould
Franklin College
Wendy Rose Gould is a freelance lifestyle reporter and photographer.
Her work has been published by Bustle, PopSugar, Headspace, Total Beauty, Soko Glam's The Klog, The Modern Muse, and Refinery29.
She has written for Brides since 2016.
Wendy has worked in the women's lifestyle space since 2003, acting as a reporter, editor, and contributor at publications such as Glamour, Popsugar, Bustle, InStyle, and Refinery 29. She currently contributes to NBC News, Tales of the Cocktail, PopSugar, Bustle, and Refinery29.
She has a Bachelor of Arts degree in Editorial Journalism and Philosophy from Franklin College.
About Brides and Dotdash
Every day, we meet with wedding planners, photographers, and real brides to maintain an authentic and celebratory approach to weddings. We are active participants in New York Bridal Fashion Week, where we report live on trends before they break on the Internet. And we stay on top of every celebrity engagement to bring you the latest trends that you can borrow for your wedding. If you see something that doesn't seem up to date, please let us know by emailing us at contact@brides.com.
Brides is part of the Dotdash publishing family. For more than 20 years, Dotdash brands have been helping people find answers, solve problems, and get inspired. We are one of the top-20 largest content publishers on the Internet according to comScore, a leading Internet measurement company, and reach more than 30% of the U.S. population every month. Our brands collectively have won more than 20 industry awards in the last year alone and, most recently, Dotdash was named Publisher of the Year by Digiday, a leading industry publication.
Wendy Rose Gould's Latest Stories
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For the prettiest of feeds, follow these wedding accounts now!
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The services you need to plan online.
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These celebrations are just as important as the wedding itself.
These 6 Cities Make Perfect Elopement Destinations
From scenic Sedona to romantic Rome and beyond.
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Destination proposals are romantic but, they can present some unexpected curveballs
5 Vow Renewal Stories That Will Have You Running to the Altar Again
A vow renewal can be just as meaningful
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No, this isn't a stoner fantasy, it's a reality.
5 Common Wedding Planning Fights and How to Conquer Each
You're pretty much guaranteed to fight over budget.


Join Chris Welen from Dublin Retirement Village, as he calls out the letters and numbers you're hoping to hear. Come inside and warm up as you try your luck! Cards are only $.25 each! This is a drop in program; payment is made the day of the event.


Automation systems that regard humans as the final authority have been found to be efficient and are therefore widely accepted. However, it has been argued that automation needs to be allowed to act autonomously in some time-critical situations, such as road traffic accidents. Possible interactions might occur between humans, especially those not well trained as car drivers, and authorised autonomous systems. A study using a driving simulator was designed to examine human-machine interactions when driving with two types of assistance systems: sharing of steering control that provides haptic control guidance through the steering wheel to resist hazardous lane changes, and an automatic cooperative system that acts autonomously to avoid hazardous lane changes. Whilst the drivers were in charge of steering in all circumstances when sharing the steering control, they were unable to steer their vehicles during the autonomous control. Results showed that increasing automation authority does not necessarily lead to improved safety. Other factors like human-machine cooperation need to be considered when the assistance system experiences functional limitations. Although lane change crashes were significantly reduced when the drivers were supported by the autonomous system, drivers reacted earlier and more convenient when supported by the haptic system.


text:
Staraya Ladoga (), known as Ladoga until 1704, is a rural locality (a selo) in Volkhovsky District of Leningrad Oblast, Russia, located on the Volkhov River near Lake Ladoga,  north of the town of Volkhov, the administrative center of the district.

It used to be a prosperous trading outpost in the 8th and 9th centuries. It was dominated by Varangians who became known as the Rus'. For that reason, it is sometimes called the first capital of Russia.

History

Origin

Dendrochronology suggests that Ladoga was founded in 753. Until 950, it was one of the most important trading ports of Eastern Europe. Merchant vessels sailed from the Baltic Sea through Ladoga to Novgorod and then to Constantinople or the Caspian Sea. This route is known as the trade route from the Varangians to the Greeks. An alternative way led down the Volga River along the Volga trade route to the Khazar capital of Atil, and then to the southern shores of the Caspian Sea, all the way to Baghdad. Tellingly, the oldest Arabian Middle Age coin in Europe was unearthed in Ladoga.

Ladoga under Rurik and the Rurikids

According to the Hypatian Codex that was created at the end of the 13th century, the legendary Varangian leader Rurik arrived at Ladoga in 862 and made it his capital. Rurik later moved to Novgorod and subsequently his successors moved from there to Kiev where foundations for the powerful state of Kievan Rus' were laid. There are several huge tumulus, or royal funerary barrows, at the outskirts of Ladoga. One of them is said to be Rurik's grave, and another one—that of his successor Oleg. The Heimskringla and other Norse sources mention that in the late 990s Eric Haakonsson of Norway raided the coast and set the town ablaze. Ladoga was the most important trading center in Eastern Europe from about 800 to 900 CE, and it is estimated that between 90% to 95% of all Arab dirhams found in Sweden passed through Ladoga.

Ladoga's next mention in chronicles is dated 1019, when Ingigerd of Sweden married Yaroslav of Novgorod. Under the terms of their marriage settlement, Yaroslav ceded Ladoga to his wife, who appointed her father's cousin, the Swedish earl Ragnvald Ulfsson, to rule the town. This information is confirmed by sagas and archaeological evidence, which suggests that Ladoga gradually evolved into a primarily Varangian settlement. At least two Swedish kings spent their youths in Ladoga, Stenkil and Inge I, and possibly also King Anund Gårdske.

In the 12th and 13th centuries, Ladoga functioned as a trade outpost of the powerful Novgorod Republic. Later its trade significance declined and most of the population engaged in fishing in the 15th century. After new fortresses such as Oreshek and Korela were constructed in the 14th century further to the west of Ladoga, the town's military significance also decreased. Ladoga belonged to Vodskaya Pyatina of the Republic and contained eighty-four homesteads in the 15th century; most of the land belonged to the church. The Novgorodians built there a citadel with five towers and several churches.

Later history
After the town of Novaya Ladoga (New Ladoga) was founded in 1704 by Peter the Great, Ladoga became known as Staraya Ladoga and its importance decreased.

Sights and landmarks
The heart of Staraya Ladoga is an old fortress where the Ladozhka flows into the Volkhov. In earlier times, it was a strategic site because it was the only possible harbor for sea-vessels that could not navigate through the Volkhov River. The fortress was rebuilt at the turn of the 15th and 16th centuries.
In 1703, Peter the Great founded the town of Novaya Ladoga (New Ladoga) closer to the bank of Lake Ladoga. The ancient fortress thenceforth declined and came to be known as Staraya Ladoga (Old Ladoga), in order to distinguish it from the new town.  The reconstruction of one of the towers of Staraya Ladoga's fortress was scheduled to be completed in 2010.

The mid-12th-century churches of St. George and of Mary's Assumption stand in all their original glory. Inside St. George's, some magnificent 12th-century frescoes are still visible. In addition, there is a mid-12th-century church of St. Climent, which stands in ruins.

There is also the Assumption Nunnery/Monastery, and a monastery, dedicated to St. Nicholas which was constructed mainly in the 17th century.

Culture and art
Staraya Ladoga's barrows, architectural monuments, and romantic views of the Volkhov River have always been drawing attention of Russian painters. There were the artists Ivan Aivazovsky, Orest Kiprensky, Aleksander Orłowski, Ivan Ivanov, Alexey Venetsianov and many others in the 19th century. A future member of the Imperial Academy of Arts and the Peredvizhniki group Vassily Maximov was born and laid to rest there. He portrayed scenes from an everyday life of peasants.

Nicholas Roerich painted his studies there during the summer of 1899. He named this landscape the best of the Russian one. Valentin Serov, Konstantin Korovin, Boris Kustodiev also worked there. Alexander Samokhvalov was in Staraya Ladoga many times in 1924-1926. He took part in the restoration of the St. George's Church. That experience gave a great deal to the artist, he wrote. It helped him to understand the effect of joining a monumental painting with the architectural forms. In result of this dwelling in that place painter made his "Staraya Ladoga" (1924) and "Family of Fisherman"(1926, Russian Museum)

In February 1945 the ex-estate of the prince Shakhovskoy was given to Leningrad artists as a base zone for rest and creative work. The restoring works continued 15 years from 1946. But Leningrad artists began to arrive to Staraya Ladoga from 1940s. It became a source of inspiration for Sergei Osipov, Gleb Savinov, Nikolai Timkov, Arseny Semionov and many others for many years.

The House of Creativity «Staraya Ladoga began to operate permanently in the beginning of the 1960s after the finish of the restoration. It was an important center of the art life of Russia for 30 years. Such artists as Evsey Moiseenko, Alexander Samokhvalov, Vecheslav Zagonek, Dmitry Belyaev, Vladimir Ovchinnikov, Boris Ugarov, Boris Shamanov, Vsevolod Bazhenov, Piotr Buchkin, Zlata Bizova, Taisia Afonina, Marina Kozlovskaya, Dmitry Maevsky, Alexander Semionov, Arseny Semionov, Irina Dobrekova, Vladimir Sakson, Gleb Savinov, Elena Zhukova, Sergei Zakharov, Ivan Varichev, Veniamin Borisov, Valery Vatenin, Ivan Godlevsky, Vladimir Krantz, Lazar Yazgur, Irina Dobrekova, Piotr Fomin and many other Leningrad and other regions painters and graphic artists worked there.

In 1970-1980 as the House of Creativity was widening,  new buildings were built. They used it a whole-year. A dwelling there for 1–2 months was without any payment for the artists. All commitments on housing, food and travel were taken on by the Art Foundation of the Russian Soviet Federative Socialist Republic. The paintings created there were exposed in first-rate art exhibitions. It completed the collections of the main museums of Soviet Union and numerous private collections of Russia and abroad. Also it became a base of an extensive collection of painting, graphics and sculpture of the museum "Staraya Ladoga".

Financing of the House of Creativity stopped at the beginning of the 1990s on the breakup of the USSR and after the liquidation of the Art Foundation. It stopped welcoming artists and was closed.

References

Notes

Sources

А.Н. Самохвалов. Ладога, и не только Ладога // А. Н. Самохвалов. Мой творческий путь. — Л: Художник РСФСР, 1977.
А.Н. Самохвалов. В поисках монументальной выразительности // А. Н. Самохвалов. В годы беспокойного солнца. — СПб: Всемирное слово, 1996.
Д.П. Бучкин. О доме творчества «Старая Ладога» // Д. П. Бучкин. Гравюры и рассказы. — СПб, Бибилиотека «Невского альманаха», 2004.
Н. В. Мурашова, Л. П. Мыслина. Дворянские усадьбы Санкт-Петербургской губернии. Южное Приладожье. Кировский и Волховский районы. — СПб, Алаборг, 2009.
Л. С. Конова. Санкт-Петербургский Союз художников. Краткая хроника 1932-2009 // Петербургские искусствоведческие тетради. Выпуск 20. — СПб, 2012.

External links

History of Old Ladoga
Detailed info on the fortress
House of Creativity Staraya Ladoga in Art Gallery "Blue Living" Artist's Union of Saint Petersburg (VIDEO)
The Fund of Painting, Grafics, and Sculptures of reserve-museum Staraya Ladoga
 Old Ladoga Museum

Rural localities in Leningrad Oblast
753 establishments
Novgorod Republic
Trading posts of the Hanseatic League
Archaeological sites in Russia
Defunct towns in Russia
Varangians
Populated places established in the 8th century
8th-century establishments in Russia
8th-century establishments in Europe

redpajama_set_name: RedPajamaWikipedia


text:
The Radical Ministry of Fr. Thomas Hagerty
May Day Saint
By Dean Dettloff
This story is included in these collections
Industrial Workers of the World demonstration, New York City (Library of Congress)
When Fr. Thomas J. Hagerty arrived at Our Lady of Victory Church in Paris, Texas, in 1901, he quickly grew incensed by the treatment of Mexican railroad workers. He had already become a Marxist in seminary, a year after Pope Leo XIII warned against socialism in Rerum novarum. Alongside the usual responsibilities of a parish priest, Hagerty began translating German, French, and English socialist materials into Spanish and distributing them to the workers. When the railroad bosses got wind of Hagerty's agitation, they sent him a warning letter. He replied by not exactly turning the other cheek. "Tell the people who sent you here that I have a brace of Colts and can hit a dime at twenty paces," he told the messenger. It wasn't long until he was transferred to the Archdiocese of Santa Fe.
Such tales make Hagerty seem like the hero in a Western film (if more Zapata than Spaghetti). But apart from a few short, confoundingly productive years as an activist priest, little is otherwise known about Hagerty's life—neither how he came into this world nor how he left it. He was ordained in 1895, when he was around thirty-three years old. In 1902 he wrote a pamphlet called Why Physicians Should Be Socialists, suggesting he may have had medical training, perhaps making him something like Doc Holliday, albeit one who joined the scoundrels instead of the cops. (Whether or not he finally was a white hat or a black hat mostly depends on if you identify with capital or workers.) And Hagerty would become, for awhile, one of the most in-demand speakers of the Socialist Party of America—only to leave it to help found the Industrial Workers of the World.
But despite being a significant activist in the turn-of-the-century working-class struggle in the United States, few remember him now. Though newspaper clippings attesting to Hagerty's reach and influence are easy to come by in the digital age, there are no biographies or book-length studies of his life and legacy. Academic historians have mostly ignored him as well, though we do have to thank Robert E. Doherty for an article in the 1962 issue of Labor History, which painstakingly stitches together a variety of writings, letters, newspaper articles, and other textual desiderata into the only comprehensive portrait of Hagerty's life I know of. As for his death, where he is buried is a mystery. He likely lies somewhere in a potter's field in Chicago along with other poor and unclaimed people.
Charismatic, combative, and silver-tongued, Fr. Hagerty earned his fair share of detractors. Conflicts with the Catholic hierarchy made him an easy target.
Hagerty was an imposing figure who stood over six feet tall. According to perennial Socialist presidential candidate Eugene Debs, "he would command attention anywhere. On the rostrum he is a striking figure, and when aroused is like a wounded lion at bay. He has ready language, logic, wit, sarcasm, and at times they roll like a torrent and thrill the multitude like a bugle call to charge." Debs would know; he had a history with Hagerty. Just a few months after Hagerty arrived at his new parish in New Mexico, where he served as the assistant rector, he left to attend a labor convention in Colorado. There he would share a stage with Debs, debating local clergy on labor issues. The two went on to tour a number of mining sites in the state, trying to drum up support for the American Labor Union (Hagerty would go on to be the editor of Voice of Labor, the official publication of the ALU) and the Socialist Party of America. The Archbishop of Santa Fe, Peter Bourgade, did not care for Hagerty's extended absence—nor the politics that occasioned it. So he disowned him. Freed from his pastoral duties, Hagerty became an itinerant preacher for socialism, debating and stumping on behalf of the Socialist Party. By 1903 he was a regular on the political circuit, speaking at rallies before huge crowds.
Charismatic, combative, and silver-tongued, Hagerty earned his fair share of detractors. Conflicts with the Catholic hierarchy made him an easy target for them; accusations that Hagerty left both the priesthood and the church were powerful tools for enemies of the working-class movement. His Catholic credentials, along with those of his comrade, Fr. Thomas McGrady (also a member of the Socialist Party of America), or his Canadian socialist analogue, Fr. Eugene Cullinane, CSB, were important in appealing to the large contingent of Catholic working people who were also hearing from clergy and bishops that sympathy strikes and enforcing the picket line were immoral.
The Cincinnati Enquirer, for example, reported that Hagerty voluntarily resigned from the priesthood in 1902, a charge he forcefully denied in a letter to the International Socialist Review. "I am as much a priest to-day as I ever was," he wrote. "I have not separated myself from the communion of the Catholic Church; and I hold myself as much a member thereof as the Pope himself." As for the anti-socialist statements of the church, present both in papal encyclicals and American bishops' denouncements of the Socialist Party and labor strikes, Hagerty referred to the "socialist" John Chrysostom, and said that members of the hierarchy exceed their authority when they "oppose a movement whose highest purpose is the industrial liberation of the wage slaves of the world."
A year after the Cincinnati Enquirer accusation, Montana's Butte Miner said Hagerty was excommunicated. Hagerty again replied with characteristic venom to a crowd in Butte itself, and a few months later he offered $1,000 to anyone who could prove he was no longer a priest, equivalent to well over $25,000 today. There is no evidence anyone ever took Hagerty up on the offer.
Hagerty often drew on Catholic imagery in his pamphlets and speeches. Describing the life of an unemployed family man in his pamphlet "Economic Discontent and Its Remedy," he wrote, "The gaunt faces of his children stamp themselves into every fibre of his memory, like the face of the Christ upon Veronica's towel, as their father drags his weary steps along labour's way of the cross day after day in search of work." In the same pamphlet, Hagerty goes on to suggest the conditions of capitalism are enough to dissuade working people from any belief in God. "Too often another Golgotha is encompassed when the faithful wife or the loving child, breaking down under privation, falls an easy prey to some current malady and, mayhap, is buried in a pauper's grave the while the stricken husband or father can only cry out, in that world-old plaint of oppressed humanity, 'Eli, Eli, lama Sabachthani'—My God, my God, why hast Thou forsaken me?"
He could have added more than just the unemployed family man, recalling scenes like those depicted in Upton Sinclair's 1906 novel The Jungle. The condition of working women, too, was a scene of many Golgothas, not least rape and sexual exploitation. Immigrants, especially from China, were routinely used to prevent worker solidarity, and as a source of cheap and disposable labor. Black socialists, including preachers like Rev. George Washington Woodbey, powerfully expressed the continued oppression of black Americans as the United States industrialized—something Hagerty himself utterly failed to recognize, imbibing and reproducing the pervasive whiteness of the labor movement.
Without dismissing such blind spots, Hagerty's contribution to the radicalization of the labor movement remains unique. Despite being one of the Socialist Party's most dedicated and active members, Hagerty became frustrated with the reformist tendencies of what he called "sidewalk socialists" in the party. Eventually his frustrations boiled over. After hurling a string of insults at party leaders, the chairman of a party meeting broke his gavel—hardly enough to stop Hagerty—and a group of socialists had to forcibly remove the proletarian priest from the stage. Now Hagerty could add major socialist officials to the list of authorities who disowned his radicalism.
Another vehicle for the struggle was needed. Hagerty and a group of radicals met right after the New Year in 1905 to draw up a manifesto. Naming class struggle as a fundamental and "irrepressible" conflict in society, the manifesto called for a collective movement without party affiliation. Hagerty was credited with writing most of it.
Later that summer, a veritable "who's who" of American labor responded to the manifesto and gathered at Brand's Hall in Chicago: Lucy Parsons, a radical organizer whose husband Albert was hanged among the Haymarket martyrs; James Connolly, an Irish worker who returned to Ireland to help organize the Easter Rising of 1916, after which he, too, would be executed; Mother Jones, whose early Catholic faith had put her on the road to radicalism; "Big Bill" Haywood, who fled to a young USSR while out on bail in 1921 and took up an advisory role in Lenin's government; Eugene Debs, arguably the most significant socialist in American history. And, of course, among several other giants of the working class was Father Thomas J. Hagerty. Together, they founded the Industrial Workers of the World.
Perhaps Hagerty's most lasting contribution to the American workers' struggle was drafting the preamble to the IWW's constitution. "The working class and the employing class have nothing in common," it begins, a far cry from the "class harmony" advised by Rerum novarum. "There can be no peace so long as hunger and want are found among millions of the working people and the few, who make up the employing class, have all the good things of life." He was frustrated by those he derided as "slowcialists," who aimed to create a more just society through legal means and electoral politics. "Dropping pieces of paper into a hole in a box never did achieve emancipation for the working class, and in my opinion it never will," he once argued. Instead Hagerty dreamed of "One Big Union," a unified struggle of working people to meet the challenge of a unified capitalist class. To illustrate the idea, he drew up a chart, known as "Hagerty's Wheel," showing how unions in diverse industries could be linked by converging on a single point that would help bolster and defend weaker industrial branches. The IWW still uses an updated version of it.
Those of us on the left often want to imagine stalwartly faithful saints, whose lives are unwaveringly committed to the liberation of all people to the very end. We want white hats.
After 1905, concluding an intense three-year socialist ministry, Fr. Hagerty dropped off the map, no longer contributing to radical publications or stumping for socialism. Doherty calls his role in founding the IWW his "swan song to radicalism." His reasons for abandoning the political scene have never been uncovered. Newspapers from 1905 still refer to him as "Fr. Hagerty," although one Montana News article suggests he might have preferred going by "Doctor Hagerty." Maybe it had something to do with the incredible amount of violence suffered by workers and labor leaders, who often lost their lives in conflicts with hired capitalist thugs and police, either in shootouts or assassinations. Maybe government or social persecution proved to be too much. Maybe he simply resigned and threw in the towel, exhausted by the plodding pace of "slowcialism" and internecine conflicts within the workers' movement. Maybe it was a loss of faith, religious and political alike.
Details about the end of Hagerty's life are scant. Doherty reports that Hagerty ended up in Chicago, the site of the Haymarket rebellion, the founding of the IWW, and his first assigned parish, St. Agatha's Church, where he began his career organizing the local community against faulty transit. In 1917, an IWW comrade, Ralph Chaplin, author of the IWW hymn "Solidarity Forever" and later a Catholic convert himself, found Hagerty living under a different name—Ricardo Moreno—teaching Spanish and working as an oculist, apparently not comfortably. Chaplin left Hagerty his coat. In 1920, John Spargo, who butted heads with Hagerty in the Socialist Party, found Hagerty living on skid row, making his living by begging, relying on charity, sleeping at missions, and attending free concerts, libraries, and museums. Hagerty would have been about fifty-eight years old. Spargo said that while Hagerty didn't ask about the movement or other comrades, "he seemed to be a free and happy soul."
Whether Hagerty died a jaded revolutionary or a mutinous mendicant who fully embraced the poor unto death can't be known. Political decisions that have a revolutionary horizon are not based solely in the brute facts of empirical history, however. On the contrary, as Walter Benjamin once emphasized, a critical historian sees the burning pyre of history not like a chemist, interested in the reactions of wood and ash, but like an alchemist, fixated on the mystery of life within the flame, recombining historical matter to produce spiritual materials for something new.
We shouldn't be troubled, then, that Hagerty's story ends on a note of ambiguity. Those of us on the left often want to imagine stalwartly faithful saints, whose lives are unwaveringly committed to the liberation of all people to the very end. We want white hats. But that's the thing about saints. Saints are saintly precisely in their humanity, in their fallibility, in their complexities and ambiguities, in their often imperfect modeling of a life of love. Enduring great personal sacrifice and attesting to the love of God in an economy marked by Golgothas, Hagerty was a saint of the working class if there ever was one.
Marxist historian Eric Hobsbawm wrote that May Day "is perhaps the only unquestionable dent made by a secular movement in the Christian or any other official calendar." Maybe. But on May Day, that holy day for socialists where we look to the future while remembering the slain Haymarket anarchists who campaigned for eight hours for work, eight hours for rest, and eight hours for what you will, the memory of saints is as present as on any other holy day. It's a day on which I always say a prayer to Fr. Hagerty—"Catholic as the Pope," a radical among radicals, poor as the very least of these.
Published in the May 17, 2019 issue:
Dean Dettloff is a writer and PhD candidate at the Institute for Christian Studies in Toronto.
St. Bernadette's Blockhouse
This story is included in these collections:
A Specialist in Smokescreens
EconomyU.S. CatholicismSocial Justice
Helping & Hurting
By Matthew Sitman
'Turn the Page'
By Eugene McCarraher
Building a Moral Economy


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Chemikalien und Arzneistoffe 2
RosanilinfarbenFluoreszenzfarbstoffe
Elimination of EVE protein by CALI in the short germ band insect Tribolium suggests a conserved pair-rule function for even skipped. (1/395)
The question of the degree of evolutionary conservation of the pair-rule patterning mechanism known from Drosophila is still contentious. We have employed chromophore-assisted laser inactivation (CALI) to inactivate the function of the pair-rule gene even skipped (eve) in the short germ embryo of the flour beetle Tribolium. We show that it is possible to generate pair-rule type phenocopies with defects in alternating segments. Interestingly, we find the defects in odd numbered segments and not in even numbered ones as in Drosophila. However, this apparent discrepancy can be explained if one takes into account that the primary action of eve is at the level of parasegments and that different cuticular markers are used for defining the segment borders in the two species. In this light, we find that eve appears to be required for the formation of the anterior borders of the same odd numbered parasegments in both species. We conclude that the primary function of eve as a pair rule gene is conserved between the two species. (+info)
Lessons learned from 500 cases of lymphatic mapping for breast cancer. (2/395)
OBJECTIVE: To evaluate the factors affecting the identification and accuracy of the sentinel node in breast cancer in a single institutional experience. SUMMARY BACKGROUND DATA: Few of the many published feasibility studies of lymphatic mapping for breast cancer have adequate numbers to assess in detail the factors affecting failed and falsely negative mapping procedures. METHODS: Five hundred consecutive sentinel lymph node biopsies were performed using isosulfan blue dye and technetium-labeled sulfur colloid. A planned conventional axillary dissection was performed in 104 cases. RESULTS: Sentinel nodes were identified in 458 of 492 (92%) evaluable cases. The mean number of sentinel nodes removed was 2.1. The sentinel node was successfully identified by blue dye in 80% (393/492), by isotope in 85% (419/492), and by the combination of blue dye and isotope in 93% (458/492) of patients. Success in locating the sentinel node was unrelated to tumor size, type, location, or multicentricity; the presence of lymphovascular invasion; histologic or nuclear grade; or a previous surgical biopsy. The false-negative rate of 10.6% (5/47) was calculated using only those 104 cases where a conventional axillary dissection was planned before surgery. CONCLUSIONS: Sentinel node biopsy in patients with early breast cancer is a safe and effective alternative to routine axillary dissection for patients with negative nodes. Because of a small but definite rate of false-negative results, this procedure is most valuable in patients with a low risk of axillary nodal metastases. Both blue dye and radioisotope should be used to maximize the yield and accuracy of successful localizations. (+info)
Inhibition of the activities of matrix metalloproteinases 2, 8, and 9 by chlorhexidine. (3/395)
Matrix metalloproteinases (MMPs) are a host cell-derived proteolytic enzyme family which plays a major role in tissue-destructive inflammatory diseases such as periodontitis. The aim of the present study was to evaluate the inhibitory effect of chlorhexidine (CHX) on MMP-2 (gelatinase A), MMP-9 (gelatinase B), and MMP-8 (collagenase 2) activity. Heat-denatured type I collagen (gelatin) was incubated with pure human MMP-2 or -9 activated with p-aminophenylmercuric acetate (APMA), and the proteolytic degradation of gelatin was monitored by sodium dodecyl sulfate-polyacrylamide gel electrophoresis and Coomassie blue staining. The effect of CHX on MMP-8 activity was also studied with a cellular model addressing the ability of phorbol myristate acetate (PMA)-triggered human peripheral blood neutrophils (polymorphonuclear leukocytes [PMNs]) to degrade native type I collagen. CHX inhibited the activities of both gelatinases (A and B), but MMP-2 appeared to be more sensitive than MMP-9. Adding calcium chloride to the assay mixtures almost completely prevented the inhibition of MMP-9 activity by CHX, while the inhibition of MMP-2 activity could be reversed only when CHX was used at a low concentration. This observation suggests that CHX may act via a cation-chelating mechanism. CHX dose-dependently inhibited collagenolytic activity of MMP-8 released by PMA-triggered PMNs. MMP-8 without APMA activation was inhibited clearly more efficiently than APMA-activated MMP-8. Our study suggests that the direct inhibition of the MMPs' activities by CHX may represent a new valuable effect of this antimicrobial agent and explains, at least in part, the beneficial effects of CHX in the treatment of periodontitis. (+info)
Laser-mediated, site-specific inactivation of RNA transcripts. (4/395)
The biological function of specific gene products often is determined experimentally by blocking their expression in an organism and observing the resulting phenotype. Chromophore-assisted laser inactivation using malachite green (MG)-tagged antibodies makes it possible to inactivate target proteins in a highly restricted manner, probing their temporally and spatially resolved functions. In this report, we describe the isolation and in vitro characterization of a MG-binding RNA motif that may enable the same high-resolution analysis of gene function specifically at the RNA level (RNA-chromophore-assisted laser inactivation). A well-defined asymmetric internal bulge within an RNA duplex allows high affinity and high specificity binding by MG. Laser irradiation in the presence of low concentrations of MG induces destruction of the MG-binding RNA but not of coincubated control RNA. Laser-induced hydrolysis of the MG-binding RNA is restricted predominantly to a single nucleotide within the bulge. By appropriately incorporating this motif into a target gene, transcripts generated by the gene may be effectively tagged for laser-mediated destruction. (+info)
Two-colour flow-cytometric analysis of pulmonary alveolar macrophages from smokers. (5/395)
The study of alveolar macrophages (AM) from smokers by flow cytometry (FCM) has been limited by strong autofluorescence and the lack of reliable markers to identify macrophages. Crystal violet quenching was reported to be effective in reducing autofluorescence of AM. CD68 is a marker for macrophages in immunohistochemistry, but has been less useful in FCM because of poor surface expression. This study evaluated the effectiveness of a method for two-colour FCM analysis of AM combined with membrane permeabilization and crystal violet quenching. Bronchoalveolar lavage cells, fixed in 4% paraformaldehyde and permeabilized using 0.5% Triton X100, were incubated with fluorescent-labelled antibodies for 30 min and quenched with a saturated crystal violet solution. Two-colour FCM was then performed using forward/side scatter gating to select AM. Autofluorescence at 525 nm (fluorescein isothiocyanate) and 575 nm (phycoerythrin) markedly decreased after quenching. After permeabilization, 97.1+/-2.8% of the gated cells were CD68+, while 53.9+/-18.6% of the AM were positive without permeabilization. CD68+ cells were sorted and proved to be AM morphologically. Analysis of CD71 (transferrin receptor) expression by FCM correlated with immunocytochemistry (r=0.77, p<0.05). The permeabilization/quenching technique, therefore, represents a satisfactory means to evaluate alveolar macrophages by flow cytometry. (+info)
Subareolar versus peritumoral injection for location of the sentinel lymph node. (6/395)
BACKGROUND: Sentinel lymph node (SLN) biopsy is fast becoming the standard for testing lymph node involvement in many institutions. However, questions remain as to the best method of injection. The authors hypothesized that a subareolar injection of material would drain to the same lymph node as a peritumoral injection, regardless of the location of the tumor. METHODS: To test this theory, 68 patients with 69 operable invasive breast carcinomas and clinically node-negative disease were enrolled in this single-institution Institutional Review Board-approved trial. Patients were injected with 1.0 mCi of technetium-99 sulfur colloid (unfiltered) in the subareolar area of the tumor-bearing breast. Each patient received an injection of 2 to 5 cc of isosulfan blue around the tumor. Radioactive SLNs were identified using a hand-held gamma detector probe. RESULTS: The average age of patients entered into this trial was 55.2 +/- 13.4 years. The average size of the tumors was 1.48 +/- 1.0 cm. Thirty-two percent of the patients had undergone previous excisional breast biopsies. Of the 69 lesions, 62 (89.9%) had SLNs located with the blue dye and 65 (94.2%) with the technetium. In four patients, the SLN was not located with either method. All blue SLNs were also radioactive. All located SLNs were in the axilla. Of the 62 patients in which the SLNs were located with both methods, an average of 1.5 +/- 0.7 SLNs were found per patient, of which 23.2% had metastatic disease. All four patients in which no SLN was located with either method had undergone prior excisional biopsies. CONCLUSIONS: The results of this study suggest that subareolar injection of technetium is as accurate as peritumoral injection of blue dye. Central injection is easy and avoids the necessity for image-guided injection of nonpalpable breast lesions. Finally, subareolar injection of technetium avoids the problem of overlap of the radioactive zone of diffusion of the injection site with the radioactive sentinel lymph node, particularly in medial and upper outer quadrant lesions. (+info)
Environmental factors and chemical agents affecting the growth of the pathogenic marine ciliate Uronema nigricans. (7/395)
The scuticociliate Uronema nigricans is an opportunistically parasitic marine ciliate known to cause disease in some aquacultural environments with epizootics documented from marine larval rearing systems, marine aquaria and in southern bluefin tuna Thunnus macoyii growout enclosures. This study examined growth responses of laboratory cultures of the ciliate and prey bacteria to variations in temperature and salinity, and the efficacy of potential chemotherapeutants for control of U. nigricans infections. Differences in ciliate growth responses were marginal at temperatures of 10 to 25 degrees C and at salinities between 15 and 35 ppt, though 3.5 ppt or less was lethal. Ciliates were found to be sensitive to fluctuations in bacterial densities, which may be a factor in the seasonal occurrence of the ciliate-related disease in tuna. Commonly used chemotherapeutants such as formalin, malachite green and hydrogen peroxide were all effective against the ciliate during in vitro trials. (+info)
99mTc-human serum albumin: an effective radiotracer for identifying sentinel lymph nodes in melanoma. (8/395)
Sentinel lymph node (SLN) biopsy has emerged as a novel approach for identifying patients with melanoma and regional nodal micrometastasis who may benefit from full nodal basin resection. To identify the pattern of tumor lymphatic drainage and the SLN, lymphoscintigraphy has been performed using primarily 99mTc-sulfur colloid (SC). In this study, we compare the efficacy of SLN biopsy using 99mTc-human serum albumin (HSA) with SLN biopsy after SC-based lymphoscintigraphy. METHODS: One hundred and six patients with localized cutaneous melanoma were studied. Lymphoscintigraphy was performed after intradermal injection of HSA in 85 patients and SC in 21 patients. Four patients underwent lymphoscintigraphy twice, once with SC and once with HSA. Dynamic images were acquired for up to 1 h, followed by high-count images of the SLN in various projections so that the most likely site was marked on the skin for biopsy. Intraoperatively, blue dye was injected around the primary site. Twenty-four patients underwent SLN dissection directed by preoperative lymphoscintigraphy and vital blue dye mapping; in the remaining 80 patients, a gamma probe was added intraoperatively to the localization procedure. Two patients underwent mapping with gamma probe alone. RESULTS: Draining lymphatic basins and nodes were identified by lymphoscintigraphy in all patients. The SLN was identified in 95% of patients when both blue dye and intraoperative gamma probe were used. When 99mTc-HSA was used for imaging, 98% of the SLNs ultimately identified were radiolabeled, and 82% were both hot and blue. Of the SLN recovered with SC, all the nodes were radiolabeled; however, there was only 58% hot and blue concordance. Greater numbers of SLNs were removed in the SC group (median 2.0 versus 1.0, P = 0.02); however, the incidence of micrometastasis was statistically similar in both HSA and SC cohorts. In the 4 patients examined with both tracers, SLN mapping was similar. CONCLUSION: Although SC has been the radiotracer of choice for SLN mapping in melanoma, HSA appears to be a suitable alternative, with identical success rates. In fact, the higher concordance between hot and blue nodes using HSA suggests superiority of this tracer for this purpose. (+info)


A postcard showing the decorative lamp, most likely at Chongqing (重庆). Thanks Xiaohuoshan.
This card was sent together with two others inside an envelope. Seven personalized stamps with their tabs were used; Two 1.20 Yuan bronze artifact stamps, two 1.20 Yuan bamboo stamps and three 80 Fen decorative stamps. They were cancelled at Hebei Handan Lianfang 3 (河北 邯郸 联纺3) on 23.1.2019.
A postcard showing the distinction between a city at the both side of a river, high rise modern buildings at one side and the other side are low rise. Most like at Chongqing (重庆). Thanks Xiaohuoshan.
A postcard showing the winter scenery of the Forbidden City (紫禁城) in Beijing. Thanks Xiaohuoshan.
This card was sent but returned to the sender. Four personalized stamps with three of them still intact with theirs tab. A 2.40 Yuan decorative, a 1.20 Yuan bamboo, a 1.20 Yuan seal and a 80 Fen birds decorative. They were all cancelled at Chongqing Ba'nan Lijiatuo (Fengfa) 1 or "重庆巴南 李家沱(封发)1" on 11.12.2018. Another cancellation (at the bottom left) from Chongqing Ba'nan Lijiatuo (Toudi) 2 or "重庆巴南 李家沱(投递)2" cancelled it in 14.12.2018. Eventually, this card was sent together inside the same envelope with the other two cards.
A postcard showing scenery at Sydney Harbor in Australia with the Opera House and its skyline as backdrop. Thanks liyuan.
Three personalized stamps were used; they are 3 Yuan bamboo, 80 Fen ship and a 1.20 Yuan stars. They were cancelled at Tianjing Jingjianglu 8 (天津 靖江路8) on 14.1.2019.
A New Year greeting postcard showing panda and a piglet give mandarin oranges. Thanks Xixi.
Several stamps were used; they are 80 Fen scenery (2018-14, 4-1), a 1.50 Yuan musician (2017-22, 4-3), a 1.50 Yuan opera (2017-25, 3-3) and a 1.20 Yuan personality (2018-19, 5-1). They were cancelled at Beijing Qinghua Daxue 1 (北京 清华大学1) on 25.1.2019.


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WBUR News
N.J. Gov. Christie Underwent Weight-Loss Surgery In February
Eyder Peralta
New Jersey Gov. Chris Christie is surrounded by security and journalists in 2012. (Chip Somodevilla/Getty Images)
New Jersey Gov. Chris Christie, whose weight has been both joked about and treated as a real health concern, told The New York Post on Monday that he "secretly underwent lap-band stomach surgery [in February] to aggressively slim down for the sake of his wife and kids."
"I've struggled with this issue for 20 years," he told the Post. "For me, this is about turning 50 and looking at my children and wanting to be there for them."
During the 2008 presidential campaign, many pundits openly talked about Christie's weight as a hinderance to the vice presidency and, by extension, the presidency. But Christie told the Post that the decision to undergo surgery wasn't motivated by a potential White House run.
"It's so much more important than that," he said.
A Christie spokesman, by the way, confirmed the news to New Jersey's Star-Ledger. The newspaper followed up with a series of headlines, analyzing the surgery:
-- "Chris Christie's weight has long been a public topic"
-- "N.J. lawmakers praise Christie's surgery but won't speculate on presidential implications"
-- "Christie chose a weight-loss procedure with fewer complications"
Back in 2011, NPR's Carrie Kahn took a look at different weight loss surgeries. The bottom line, she reported, is that any surgery is "not a magic pill" for obese patients. Carrie reported, however, that more than 200,000 bariatric surgeries are performed annually.
Update at 4:25 p.m. ET. 'Nobody's Business:'
During a news conference a few minutes ago, Gov. Christie was asked why he kept this surgery secret.
"In terms of keeping it secret," he said, "it's nobody else's business."
Christie reiterated what he had told The New York Post — that this was not political decision.
"It's not a career issue for me," he said. "It's a long-term health issue for me."
He said he just turned 50 and he was confronted with his "own mortality." He made the decision to have lap-band stomach surgery for his survival and his family, he said, was supportive.
Copyright NPR 2021.


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Antibacterial soap pollutes rivers, adds to bacterial resistance
Wednesday, October 02, 2013 by: L.J. Devon, Staff Writer
Tags: antibacterial soap, bacterial resistance, river pollution
https://www.naturalnews.com/042308_antibacterial_soap_bacterial_resistance_river_pollution.html
(NaturalNews) New highly resistant strains of bacteria are showing up in urban water sources and regional streams and rivers. These new bacteria strains are rendering new antibiotics practically useless.
New environmental studies from the Chicago metro-area are now reporting disturbing levels of powerful bacteria strains coming from specific urban areas that rely on single sewage pipes connected to combined sewer overflows.
A paper published in the journal Environmental Science and Technology, unveils the causes behind the new strains of bacteria.
The culprit: triclosan resistance in a natural environment.
What is triclosan?
Triclosan is a synthetic antibacterial chemical often added to personal body care products. It is pervasive in commercial toothpastes, mouthwashes, soaps and deodorants. Products like Dial liquid soap, Clearasil Daily Face Wash, Colgate Total Toothpaste, Old Spice Deodorant and even Jason natural products contain the synthetic triclosan.
It is constantly being flushed down the sewage system. Water treatment facilities can effectively remove triclosan, but in some cities, leaky sewer infrastructure and sewer overflows send the chemical out into the environment, where it is gobbled up by nearby rivers, streams and groundwater.
The chemical was initially invented as an antibacterial agent for surgeons in the 1960s. Now it's currently being used in over half of today's commercials body care products. Mass produced in liquid soaps, toothpastes and other cosmetics, triclosan has multiple synthetic uses, but
if the body care industry was honest, then triclosan could become extinct.
Honest body care manufacturers could start using natural antibacterial ingredients like grapefruit seed extract. The environment that people depend on would appreciate grapefruit seed runoff much more than mass dumps of chemical triclosan.
Aquatic ecologist Rosi-Marshall says, "The bacterial resistance caused by triclosan has real environmental consequences. Not only does it disrupt aquatic life by changing native bacterial communities, but it's linked to the rise of resistant bacteria that could diminish the usefulness of important antibiotics."
Triclosan levels highest in urban areas where sewage overflows
Joined by colleagues from Loyola University and the Illinois Sustainable Technology Center, Rosi-Marshall tested three of Chicago's urban water sources and how the bacteria living there responds to triclosan in both its natural state and in controlled settings. The three sites tested included the urban North Shore Channel of the Chicago metropolitan region, the suburban West Branch on the Dupage River and the rural Nippersink Creek outside Chicago.
What they found out was that urbanization is directly correlated with higher triclosan levels. Higher triclosan concentrations were found in the portion of sediments containing bottom-dwelling bacteria strains that are highly resistant to triclosan.
Urban areas often rely on sewage systems that can back up during high rain fall. Chemicals like triclosan are high in urban sewage and industrial waste water, so when the single pipes back up during a storm, these chemicals overflow into the surrounding environment. The result: new strains of bacteria evolve in resistance to the heightening triclosan levels.
For instance, the researchers found the highest levels of triclosan-resistant bacteria residing in the urban North Shore channel, which is connected to 25 combined sewer overflows.
Furthermore, a woodland creek outside the city showed the lowest levels of triclosan-resistant bacteria.
John Kelly of Chicago's Loyola University, the paper's senior author, says, "We detected much lower levels of triclosan at a site downstream of a sewage treatment facility as compared to a site downstream of combined sewer overflows. And we demonstrated a strong link between the presence of triclosan in the environment and the development of triclosan resistant bacteria."
Composition of entire bacterial communities "shifting"
To make matters worse, the researchers are noticing new trends in bacteria evolution. They found a decrease in the diversity of benthic bacteria and an overall shift in the composition of bacterial communities. Cyanobacteria have increased six fold in triclosan-laced water, while entire communities of algae are experiencing massive die-offs. These shifts can impact aquatic life.
Rosi Marshall explains, "Cyanobacteria are less nutritious than algae and can produce toxins. In triclosan-polluted streams and rivers, changes in microbial communities could negatively affect ecological function and animal communities."
Urban areas in Chicago are not the only concern. The EPA lists at least 800 cities that rely on single pipes connected to combined sewer overflows that are ultimately responsible for regional water pollution, rising strains of resistant bacteria and shifts in entire bacteria communities.
http://www.eurekalert.org
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http://newyorkorthodontists.net
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Antibacterial soap at FETCH.news