And the rest by Wealth of Ideas ….
Story beginnings are promises, and as the first chapter ends, the narrator, someone with dreams and ambitions, says, "Suddenly we had a vacancy. Little did I know that this little twist of fate would cost me my crown." So now I want to know how this happened. And the why of it all.
And if you havent yet read Harare North…..


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SPHCM > About the School of Population Health
About the School of Population Health
The School of Population Health (SPH) is a leader in public health, health management, infectious diseases control and health systems strengthening. The School's mission is to promote health, prevent disease and to strengthen health systems. Our staff bring experience from multiple disciplines and have experience in local, national and international settings. The School is committed to enhancing capacity and contributes to building leadership capabilities among health personnel and health service managers and policy makers in Australia and further afield.
The School is a dynamic, international community of staff, alumni, practitioners and students. A core principle is the integration of research and teaching with health practice, both in Australia and internationally.
Our staff greatly value the opportunity to teach while pursuing their research. Many of our staff are doctors, public health specialists and other health care professionals who are major contributors to the delivery of clinical care, population health, policy and health services management.
We have a broad mix of students in public health, health management, international public health and infectious diseases from many professional backgrounds, with metropolitan, rural and international students all represented in large numbers.
SPH: key points
Committed to equity, diversity and social justice in our research and teaching
One of the largest public health and international public health programs and the oldest and biggest health management program in Australia
Offers dual degrees, extension programs and a range of specialisations
Provides flexible ways to study, including full online learning
Supports our teaching with strong research and collaboration with respected centres and institutes based at UNSW
Committed to improving the health of people in our region through research and teaching.
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Gate 11, Botany Street
UNSW Kensington Campus
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UNSW Sydney 2052
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Ashley studied at Central School of Art & Design and Motley Theatre Design School. He has designed internationally for opera and theatre.
Upcoming work: Vanessa for Glyndebourne Festival Opera.
Recent opera work includes: Peter Grimes (Frankfurt Oper); Francesca da Rimini (Opera National du Rhin); I Capuleti e I Montecchi (Bergen Nasjonale Opera); Romeo et Juliette (Gounod) (Santa Fe Opera / Liceu Barcelona); Une Nuit A Venise (Opera de Lyon); Pelleas et Melisande (Stockholm Opera); The Merchant of Venice (Bregenz Festspiele Austria, Polish National Opera, Welsh National Opera and Oper Graz); Otello, Macbeth and Falstaff (Royal Danish Opera).
Recent theatre work includes: Filthy Business, Rabbit Hole, Hapgood, Wonderland, #AIWW: The Arrest of Ai Weiwei and 55 Days (Hampstead Theatre); A Midsummer Night's Dream (Liverpool Everyman); The Last Days of Troy and Britannia Waves the Rules (both Royal Exchange Theatre Manchester); The Umbrellas of Cherbourg, Mephisto (Betty Nansen Theatre, Copenhagen, Denmark).


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FREEPORT BOROUGH
A Jewel Along the Allegheny
Freeport Borough Council
Waste Management E-Waste Information
Freeport Police Department
Freeport VFD & EMS
Open Records – Right to Know
February 2016 Agenda Minutes
MINUTES-AGENDA MEETING OF COUNCIL
Council President Ricki Hastings opened the meeting at 7:00P.M. Council Members present were Tom Swisher, Ron Gallagher, Sean McCalmont; Mayor James Swartz, Treasurer Rich Hill and John Mazurowski, Don Rehner were absent.
The meeting was opened with the Pledge of Allegiance to the American Flag.
MINUTES- Council President Ricki Hastings asked Council to review the Minutes of the Regular Meeting February 01, 2016, and give any corrections to Borough Secretary. NO corrections were given.
MAYOR'S REPORT- The Mayor reported that the Police office has been painted, and waiting for the weather to break for the completion of the floor. The Mayor spoke at the College Club, that met on February 18, 2016 which he discuss the function of being the Mayor of Freeport. Nothing is official at this time but Eric Klopfer, part-time Police will be resigning.
CITIZEN'S COMMENTS- Chuck Sarver was here to talk about the Baseball Field to make it more functional for use for teams to play on; he had met with the Superintendent and Athletic Director of the High School on putting artificial turf on the field, and ask if the Borough would be interested in going on board with the project., which would cost around $200,000, Tom Swisher had suggested applying for a DCED Grant, Nothing was decided at this time. Bob Gorog, from the Planning Commission was present to talk about the function of the Planning Commission. Bob Gorog gave Ricki Hastings a disc of the Planning Commission 2004, and official copy of the zoning ordinances. A Resolution was adopted but never completed. The Commission is still looking for another member. Sean McCalmont ask Bob Gorog to work on the completion of the Comphrensive Planning, there were no objection by Council President Ricki Hastings to look at the Comphrenseive Planning.
PUBLIC WORKS- Furnace Piping will be voted on at Regular Council Meeting; March 07, 2016 cost will be $775.00 to make the furnace less noise resistant. Street Paving will be start with 4th underneath tunnel to Market, Seventh Street, Riverside to Market and Sixth Street. Sean McCalmont asked Council if there would be a problem in putting a temporary pipe behind his house to get water out of his yard. Council had no objection. The Recycling bin down at the end of Market needs to clean up, Council talked about putting in the paper for residents to get the area cleaned up, and seeing about putting cameras down there. Parking Meters, the digital are in good shape. Ron Gallagher report that Insight Piping Contracting found nothing when cameras were used in Phase I of the project for the Sewage Project. Cost for this project was reported to be $2,100.00
PUBLIC SAFETY-Amerikol Basting will beginning in August. Was reported that we need to start the process of interviewing for Part-Time Police Officer.
PARKS, RECREATION & COMMUNITY- There was a meeting with the Fish & Boat Commission on February 18,2016, Mayor James Swartz, Ricki Hastings and Ron Gallagher were in attendance for the boat launch lease. Election Day use of the Borough Office in April & November a motion will be made at the Regular Council Meeting , March 07,2016. Memorial Day Parade will be the same route as in the past. Tom Swisher stated that we not rush into anything in regards to the Ball Field use and Future Plans would like to keep for the community. Playground needs work done. Tom Swisher suggested doing a DCNR Study to determine what we should do with the field
FINANCE- Ron Gallagher reported there were 22 delinquent accounts that were posted. Ricki Hastings is working on a Resolution for the Fee Schedule. We have been out of contract with Direct Energy since 2013 and 2014 on the accounts. Still looking into an electricityprovider to switch into.
PROPERTY & ORDINANCE- Sean McCalmont reported that he will have Solicitor DeAngelis start drafting up the ordinance for the Boat Dock and Park Ordinance. Draft A, B, C, No Swimming, NO Pets and Smoking in designated area. Council talked about putting signs up in the park to enforce the ordinance. Parking Garage, Parking Spaces Leases are getting cleaned up and the use of parking tags will be used to determine ownership of vehicles.
PERSONNEL- Ricki Hastings nominated Borough Secretary; Carol Crytzer to be the Open Records Officer, vote will be taken at Regular Council Meeting March 07, 2016. Ricki Hastings announced the resignation of Council Person Tim Adams, which leaves a vacancy spot open on Council. Tracking paid time off policy needs to be in place. Time Clocks Time Clock Policy, Council asks the Mayor to check with ATI regarding a policy for time clocks. Zoning hearing board appointment is a three year term. Planning Commission needs someone on the board. PSAB Conference will be held in Hershey, PA , Ricki Hastings asked if anyone is interested in going. PSAB Training for Borough Secretary will be held May 25 & 26. vote will have to be taken at Regular Council Meeting March 07,2016.
TECHNOLOGY- The Borough Website is up and running. Borough email accounts will be set-up for everyone. RT Services still needs to be notified that we have accepted their proposal for our IT Services. John Mazurowski would like to meet with RT Services to go over the agreement.
Council President Ricki Hastings adjourned the Agenda Meeting at 9:28 P.M.
ABOUT OUR BOROUGH
Freeport is a borough in Armstrong County in the U.S. state of Pennsylvania; it is situated along the Allegheny River in the southwest corner of the county. The population was 1,813 at the 2010 Census. The first settlement was made at Freeport in the 1760s. Freeport received its name from David Todd, who declared it a free and open port. The borough was incorporated in 1833. Freeport was a port on the former Pennsylvania Canal. - Wikipedia
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Ramirez v. Baker
ARMANDO RAMIREZ, Petitioner,
BAKER, et al., Respondents.
MIRANDA M. DU UNITED STATES DISTRICT JUDGE.
I. SUMMARY
This represented habeas matter under 28 U.S.C. § 2254 comes before the Court for a final decision on the remaining grounds. For the reasons discussed below, the Court denies the amended petition, seeking federal habeas relief.
II.BACKGROUND
Petitioner Armando Ramirez seeks to set aside his 2007 Nevada state conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and conspiracy to commit murder. He was sentenced to consecutive sentences of life with the possibility of parole along with a concurrent sentence of 2 to 10 years. He challenged the conviction on direct appeal and state post-conviction review.
As will be discussed infra, the remaining grounds present substantive claims and/or ineffective-assistance claims relating to: (a) an erroneous jury instruction on coconspirator liability to which no objection was raised at trial, (b) an incomplete jury instruction on aider and abettor liability for the deadly weapon enhancement also as to which no trial objection was raised; and (c) trial counsel's failure to properly preserve a request for a self-defense instruction. The state supreme court held on direct appeal, in reviewing for plain error, that Ramirez failed to establish that the two jury instruction errors affected his substantial rights. The court held on state post-conviction review that Ramirez could not demonstrate prejudice from counsel's failure to properly preserve a request for a self-defense instruction because, inter alia, there was not a reasonable probability that the jury would have acquitted Ramirez had the jury been instructed on self-defense. (ECF No. 21-9 at 4-8; ECF No. 22-12.)
B. Summary of Relevant Facts
Evidence presented at trial tended to establish the following.[1]
On the morning of July 14, 2003, Brandi Robinson-Monge and her brother Robert Monge were walking to a neighborhood 7-Eleven in Las Vegas, Nevada to gamble. As they were walking, Armando "Creeper" Ramirez and Alejandro "Mouse" Manzo pulled up in a white Ford F-150 pickup truck. Robinson-Monge knew both men; and she had, "[f]or lack of a better word, " "dated" Ramirez. (ECF No. 19-4 at 34-35, 46-47, 53.)
According to Robinson-Monge's testimony, Ramirez wanted to go to the nearby Eureka Casino, a small casino on East Sahara Avenue, to gamble.[2] (Id. at 35, 47, 54.) Monge, who was declared a hostile witness during the State's direct at trial, testified initially that it was his sister's idea to go to the Eureka to gamble. However, he acknowledged that he previously had testified under oath that "the whole reason we went to the Eureka" was because "[t]hey [referring to Ramirez and Manzo] were going to meet a dude they knew that owed them some money." (ECF No. 20-3 at 9-10.)
According to Robinson-Monge's at times wavering testimony and stills from the Eureka surveillance video, Ramirez was wearing an untucked red t-shirt; Manzo and Monge both were wearing white tank tops; and Robinson-Monge was wearing a black shirt with white shorts. (ECF No. 19-4 at 35-36, 54, 60; ECF No. 20-3 at 18.)
At the Eureka, while Robinson-Monge and Monge gambled, Ramirez and Manzo interacted with Miguel "Nino" Ortega. The latter eventually told the four that he had a place where they could smoke some drugs. At this point, Robinson-Monge whispered to Ramirez that they could smoke at her apartment. She testified that Ramirez then said to her "no, because you don't know who will show up there, " which she found odd because he had never been to her apartment. (ECF No. 19-4 at 36, 47-48, 54-55.)
Ortega left first for his nearby apartment on his bicycle; and Ramirez, Manzo, Robinson-Monge, and Monge followed in the F-150. On the way over, Ramirez said to someone on the phone: "I want to run him over, I'm going to run him over." Robinson-Monge testified that while Ortega had left before them on the bike, she did not see him at this point and only saw him get off the bike at the apartment. She previously had told the police that she saw Ortega on the bike when Ramirez made the statement. She testified that, on the way, Ramirez asked them to "have his back." Monge further testified that Ramirez asked them to not call him Creeper at Ortega's. (ECF No. 19-4 at 37, 61; see also ECF No. 20-3 at 10-11, 18.)
Ortega's apartment was at 209 Kendale Street, which was only a short distance away from the Eureka, around the corner and on the next cross street to the east off Sahara Ave. (See ECF No. 19-1 at 11-15; ECF No. 19-4 at 49; ECF No. 20-3 at 10, 21.)
As they arrived at the apartment, Ramirez told Robinson-Monge that there would be someone parked at the end of the street and that she was to go get in the car and get something for him. She went down the street and got into the car, encountering a male that she knew and another female. She got back out of the car, however, without picking up anything, after she saw her brother come back outside of Ortega's apartment apparently looking for her. (ECF No. 19-4 at 37; see also ECF No. 20-3 at 12-13.)
When Robinson-Monge walked back up to the apartment and the nearby parked truck, she saw Manzo with a gun "like he was fixing a gun or loading a gun." She asked him what he was doing, but he did not respond. She did not believe that he spoke very much English, however, as he never said anything. (ECF No. 19-4 at 37-38, 49, 59.)
When Robinson-Monge went inside she saw someone named Ray-Ray who she believed owed her money. She testified initially on direct that when she confronted Ray-Ray over the money Ramirez told her "to cut it, to be quiet." On cross-examination, she elaborated that Ramirez said "be quiet, that's not what we're here for." (ECF No. 19-4 at 38-39, 55; see also ECF No. 20-3 at 13-14.)
Ray-Ray then recognized Ramirez, and he said "what's up, Creeper." When Ortega thereby discovered that Ramirez was "Creeper, " a confrontation immediately ensued. The confrontation ultimately settled down. Ortega and Ramirez appeared to resolve their differences, which concerned an earlier deal for guns that had "gone bad." Ortega indicated that he was going to get the guns in question for Ramirez. Some of those present then did some lines of methamphetamine. (ECF No. 19-4 at 39-40, 42-43, 50, 55; ECF No. 20-3 at 10-12, 18-19.)
The dispute flared back up again thereafter. Ramirez, Ortega, and Manzo went out into the enclosed patio at the front entrance to the apartment, which faced out onto Kendale Street. (ECF No. 19-4 at 40-41, 55-57; ECF No. 20-3 at 14, 19.)
According to Robinson-Monge's testimony, she saw a scuffle. She then heard shots fired from off to her left side. She could not see who fired the shots; but Manzo at that time was standing to her right, not her left. Robinson-Monge got up and pushed her brother, who was standing by the patio door, out of the way. As she was moving, she heard a second set of shots coming instead then from in front of her, and she saw Manzo firing those shots. Robinson-Monge pushed her brother out through the patio, stepping over Ortega to get out of the patio gate. She testified that she heard Ortega say "I was going to get them back for you, " to which Ramirez responded: "Too fucking late." (ECF No. 19-4 at 41-42, 46, 51, 56-57.)
According to her testimony, Robinson-Monge was the first one out of the gate and then the first one back in the parked truck. Ramirez then got into the driver's seat. Ortega meanwhile was grasping at Monge's leg, and Robinson-Monge prevailed upon him to break free and get in the truck. Ramirez then pulled forward a few yards before Manzo got in, and they drove away north on Kendale St. toward Sahara Ave. (ECF No. 19-4 at 41-42, 51, 57.)
According to Robert Monge's testimony, there was a commotion after Ramirez, Ortega, and Manzo went out onto the patio. He then heard several gun shots in rapid succession, as in "bang, bang, bang, " followed by a louder "boom." At that time, he saw Ramirez in his red shirt on the patio and Ortega in front of the gate, but he could not see Manzo. He did not see Ramirez, Manzo, or Ortega with a gun or reaching for a gun at any time. In prior statements to the police, however, he had said that he saw Manzo reaching in his pocket or waistband area and that he was pretty sure that Manzo had a gun. (ECF No. 20-3 at 14-17, 19-20.)
As Monge's sister was pushing him out through the patio, Ortega by then was out through the gate "laying down a little bit." Monge heard Ortega "babbling" words to the effect of "I was getting the guns." Monge, who as noted by then was a hostile witness to the State, testified at trial that Ortega told him, Monge, "don't shoot me, " and that Ortega apparently thought that Monge had been shooting him. Monge previously had stated to the police, however, that Ortega instead was asking why did "they" shoot him, saying that he was getting the gun, and pleading "don't shoot me." Monge maintained at trial, however, that Ortega's questions, pleas, and comments instead were directed to and at him rather than anyone else. (ECF No. 20-3 at 14-15, 19-20, 30.)
Similar to his sister, Monge testified that he, Ramirez, and Robinson-Monge got into the truck with Ramirez pulling away a short distance before Manzo also got in. (ECF No. 20-3 at 15-16.)
An uninvolved witness, James Daniel Ross, provided a contrasting account of the shooting. Ross was a maintenance person for the Palms Apartments, which included two-story multi-unit buildings extending along both sides of Kendale St. (ECF No. 19-1 at 6, 9-11, 14, 39-41.)
On the morning of the shooting, Ross was on the roof of 613 Kendale, across the street from Ortega's apartment at 209 Kendale, servicing an air conditioning unit. Ross heard what he thought was a firecracker coming from the general direction of the street. He thought initially that some children were playing with firecrackers, as it was only a short time after July Fourth, so he walked over to the edge of the roof to tell the children to stop. (ECF No. 19-1 at 6-12, 39-41; ECF No. 19-2 at 4-5, 11, 17-18, 32.)
By the time that he reached the roof's edge overlooking Kendale St., however, he then heard what he knew to be gunshots. He saw an unarmed portly Hispanic male who Ross believed had been shot backing out of the gate to the front patio of 209. Although Ross could not make out what he was saying, it appeared that he was begging. (ECF No. 19-1 at 13-15, 36-39, 42-44, 50-51; ECF No. 19-2 at 5, 11, 15, 17-20, 23-24, 32-33.)[3]
Ross saw an apparently Hispanic male shooter coming through the patio gate wearing an oversized white t-shirt and firing a handgun. He was followed by another male in a white t-shirt together with a female. (ECF No. 19-1 at 13, 15, 18-21, 36-39, 44-48; ECF No. 19-2 at 6-7, 9, 16, 20.)
Ross, who had experience with guns in the military, could not be sure as to the type of gun from his vantage point; but he believed it to be a semiautomatic pistol. The shots sounded to him to be from a 9 mm caliber gun rather than a larger round like from a .45 caliber pistol. The shots that he heard all sounded to him like they were from the same weapon. He did not see the shooter or anyone else there pick up any ejected casings, but he would not have seen any casings ejected inside the enclosed patio. (ECF No. 19-1 at 13, 16-17, 48-50; ECF No. 19-2 at 9, 12-14, 21, 24-25, 28, 32.)
Ross saw and heard the shooter fire a number of rounds at Ortega while appearing to be speaking, although Ross could not hear what he was saying. Ortega kept moving away, staggering toward 211 Kendale, while the shooter pursued, shooting him also in the back. The shooter and the two companions then got into a parked F-150 truck and drove away north toward Sahara Ave., with the shooter driving. (ECF No. 19-1 at 13-15, 18, 21-27, 32-34, 50-52; ECF No. 19-2 at 10-11, 15-16, 21-23, 27-28.)
Ross ran north on the roof trying to see the license plate, ultimately losing sight of the truck after it turned right on Sahara. Ross did not see anyone else come out of 209 before they drove off. He did not see anyone at any time wearing a red shirt. He could not see into the enclosed patio courtyard, however; and he testified that his attention was focused on the shooter and victim. (ECF No. 19-1 at 27-33, 37-38; ECF No. 19-2 at 2, 8, 10-11, 16, 20-21, 27-28, 33.)
Robinson-Monge testified that after they left the Palms Apartments onto Sahara, they drove into a neighboring commercial area. Ramirez directed that Manzo and Monge each split off separately; and he and Robinson-Monge continued on together on foot. (ECF No. 19-4 at 43, 57.)[4]
Ramirez and Robinson-Monge ran across Maryland Parkway into a shopping plaza area. Ramirez threw something in a dumpster that made a metal on metal sound as it hit the bottom. She later said to Ramirez that he threw a gun into the dumpster or garbage can. He said: "I did? Oh did I?" Robinson-Monge ultimately testified at trial-after stating at one point that she saw a gun-that she did not see a gun but she assumed that it was a gun from the sound that it made when Ramirez threw the object in the dumpster. (ECF No. 19-4 at 43, 57-58, 60; ECF No. 20 at 24-25.)
Ramirez and Robinson-Monge made their way into a nearby apartment complex. There they met up with the same male who had been in the car that Ramirez had sent Robinson-Monte to prior to going to Ortega's apartment. They rode in his car, and a female with them that Robinson-Monge had not met before gave her an I.D. that looked like her. They eventually wound up at the Longhorn Casino where they had a meal, meeting back up also with Manzo. They got a room at the Longhorn with Robinson-Monge's new fake I.D.; but Ramirez left, apparently with Manzo, a few hours later. (ECF No. 19-4 at 43-44, 52.)
A couple of days later, Ramirez hid while someone else knocked on Robinson-Monge's door; and he showed himself only after she opened the door. Once inside, he asked her whether they could talk privately. They went into the bathroom, and he turned on the water to keep others from hearing their conversation. Over the course of her testimony, she testified that Ramirez then said "I never killed anybody before, " "I'm not like him, " and that he "didn't feel like a man." (ECF No. 19-4 at 44-46, 52, 61.)
Elaine Gibbs testified to a conversation with Ramirez at a party at her apartment during the early morning hours of November 1, 2003. She asked Ramirez whether he had killed someone referred to as "Flaka." According to her testimony, he responded that he had not killed Flaka but that he had killed Nino, i.e., Ortega. (ECF No. 20 at 25-29.)
The testimony of Brandi Robinson-Monge, Robert Monge, and Elaine Gibbs all were subject to multiple potential bases for impeachment. Inter alia, all three were frequent users of methamphetamine and may have been addicted. (ECF No. 19-4 at 48-49, 53, 58; ECF No. 20 at 27; ECF No. 20-3 at 20.) All three had prior convictions at the time of trial, and Robinson-Monge admitted that she lived on the "other side of the law." (ECF No. 19-4 at 47, 51 -52; ECF No. 20 at 26-27; ECF No. 20-3 at 4-5.) All three further had had criminal cases pending against them recently, although all three denied having made any deals with the State in exchange for their testimony. (ECF No. 19-4 at 33-34; ECF No. 20 at 26-27; ECF No. 20-3 at 5.) However, the police threatened Robinson-Monge during an early interview that they would charge her and her brother as accessories and/or as conspirators if she were not more forthcoming. (ECF No. 19-4 at 59-60.) Gibbs did not come forward with Ramirez's inculpatory statement to her until several months later, after she had been arrested and jailed on a parole violation. Gibbs had wanted to make a deal when she did so, although she did not get one. (ECF No. 20 at 26-28.) Robert Monge professed a lack of recollection at trial, and he sought to discredit his more inculpatory prior statements and testimony on the basis that he simply had been repeating what his sister had said in her statements in an effort to try and keep her out of trouble. (ECF No. 20-3 at 4-8, 10-11, 16.) Other testimony suggested, however, that he potentially was concerned for his safety; and he was in prison at the time of the trial. (ECF No. 20-3 at 26-27, 29-30; see also ECF No. 20-5 at 9.)
These potential bases for impeachment of their more inculpatory statements notwithstanding, the foregoing summary reflects facts that the jury could have found to be true if jurors found the witnesses' testimony or statements credible in whole or in part.
Crime scene analysts recovered three ejected casings, one from outside the patio gate to 209 Kendale and the other two from within the patio courtyard.[5] It was possible that additional casings could have remained lodged within nearby thick bushes and not been recovered, although the bushes were examined by the analysts. The three casings consisted of two .32 auto caliber casings and one .32 Smith & Wesson caliber casing. A .32 auto caliber handgun and a .32 Smith & Wesson caliber handgun each could fire both caliber rounds. All three casings had extractor marks consistent with having been ejected from a semiautomatic weapon, and all three had been ejected from the same specific weapon. (ECF No. 20 at 8-9, 14-15, 17.)
The autopsy reflected that Ortega sustained multiple gunshot wounds, including two entrance wounds in the back. There were no indications on the body itself that the gunshots were fired from a close range of less than two to three feet, although the clothing had been removed and was not examined for evidence of close proximity gunshots. Three bullets were recovered from Ortega's body, with two of the bullets being deformed by impact. (ECF No. 19-4 at 18-28.)
One of the three bullets recovered was a .32 caliber lead bullet that was consistent with the .32 Smith & Wesson casing. A second .32 caliber full metal jacket bullet was consistent with the two .32 auto casings. The rifling characteristics on these two bullets were consistent with having been fired from a single firearm, but not conclusively so. (ECF No. 20 at 18.)
The firearms expert referred to the third bullet initially as a "nine millimeter or .357 caliber jacketed bullet." He opined that the round, which had mushroomed on impact, most likely was a brass jacketed hollow point 9 mm Luger round of a particular make. This round could not have been fired from a weapon that fired the .32 caliber rounds. While 9 mm semiautomatic pistols were more common, 9 mm revolvers were "not uncommon." If the second weapon were a revolver, it would not have automatically ejected casings. However, most of the firearms that produced rifling marks like those on the recovered bullet were semi-automatic pistols. (ECF No. 20 at 15, 18-20.)
The .32 caliber and 9 mm weapons would sound differently at a sufficient distance when fired in a controlled environment. However, whether fired in a confined space or outside, multiple variables, including echo, could affect how the sound of a weapon or weapons was perceived by an observer. (ECF No. 20 at 21-22.)
III. PRINCIPLE GOVERNING STANDARD OF REVIEW
When the state courts have adjudicated a claim on the merits, the Antiterrorism and Effective Death Penalty Act ("AEDPA") imposes a "highly deferential" standard for evaluating the state court ruling that is "difficult to meet" and "which demands that state-court decisions be given the benefit of the doubt." Cullen v. Pinholster, 563 U.S. 170 (2011). Under this highly deferential standard of review, a federal court may not grant habeas relief merely because it might conclude that the state court decision was incorrect. Id. at 202. Instead, under 28 U.S.C. § 2254(d), the court may grant relief only if the state court decision: (1) was either contrary to or involved an unreasonable application of clearly established federal law as determined by the United States Supreme Court; or (2) was based on an unreasonable determination of the facts in light of the evidence presented at the state court proceeding. Id. at 181-88.
A state court decision is "contrary to" law clearly established by the Supreme Court only if it applies a rule that contradicts the governing law set forth in Supreme Court case law or if the decision confronts a set of facts that are materially indistinguishable from a Supreme Court decision and nevertheless arrives at a different result. E.g., Mitchell v. Esparza, 540 U.S. 12, 15-16 (2003). A state court decision is not contrary to established federal law merely because it does not cite the Supreme Court's opinions. Id. Indeed, the Supreme Court has held that a state court need not even be aware of its precedents, so long as neither the reasoning nor the result of its decision contradicts them. Id. Moreover, "[a] federal court may not overrule a state court for simply holding a view different from its own, when the precedent from [the Supreme] Court is, at best, ambiguous." Id. at 16. For, at bottom, a decision that does not conflict with the reasoning or holdings of Supreme Court precedent is not contrary to clearly established federal law.
A state court decision constitutes an "unreasonable application" of clearly established federal law only if it is demonstrated that the state court's application of Supreme Court precedent to the facts of the case was not only incorrect but "objectively unreasonable." E.g., Esparza, 540 U.S. at 18; Davis v. Woodford, 384 F.3d 628, 638 (9th Cir. 2004).
To the extent that the state court's factual findings are challenged, the "unreasonable determination of fact" clause of § 2254(d)(2) controls on federal habeas review. E.g., Lambert v. Blodgett, 393 F.3d 943, 972 (9th Cir. 2004). This clause requires that the federal courts "must be particularly deferential" to state court factual determinations. Id. The governing standard is not satisfied by a showing merely that the state court finding was "clearly erroneous." Id. at 973. Rather, AEDPA requires substantially more deference to the state court factual finding:
[I]n concluding that a state-court finding is unsupported by substantial evidence in the state-court record, it is not enough that we would reverse in similar circumstances if this were an appeal from a district court decision. Rather, we must be convinced that an appellate panel, applying the normal standards of appellate review, could not reasonably conclude that the finding is supported by the record.
Taylor v. Maddox, 366 F.3d 992, 1000 (9th Cir. 2004); see also Lambert, 393 F.3d at 972.
Under 28 U.S.C. § 2254(e)(1), state court factual findings are presumed to be correct unless rebutted by clear and convincing evidence.
The petitioner bears the burden of proving by a preponderance of the evidence that he is entitled to habeas relief. Pinholster, 563 U.S. at 569.
IV. DISCUSSION
A. Grounds 1 and 2: Jury Instruction Error
Ramirez argues these claims together in the reply. In Grounds 1 and 2, Ramirez alleges that he was denied rights to due process and a fair trial in violation of the Fifth and Fourteenth Amendments due to erroneous jury instructions at trial. In Ground 1, he alleges that the jury was improperly instructed that a conspirator is liable for any act of a coconspirator that is a probable and natural consequence of the object of the conspiracy. In Ground 2, he alleges that the jury was improperly instructed that he could be found guilty of the weapon enhancement as an aider and abettor without also instructing the jury that he must have knowledge of the weapon and dominion and control over it by actual or constructive possession. (ECF No. 17 at 14-19.)
In its October 17, 2008, decision on direct appeal, the Supreme Court of Nevada held as follows with regard to these two claims:
Second, Ramirez claims that the district court erred when it gave an instruction on vicarious coconspirator liability that included reference to the "natural and probable consequences doctrine, "[FN4] an instruction that this court found erroneous in Bolden v. State.[FN5] Ramirez failed to object to this instruction at trial. Generally, the failure to object at trial precludes appellate review of an issue.[FN6] Nonetheless, this court may address an error if it was plain and affected a defendant's substantial rights. [FN7] To establish that his substantial rights were affected, the appellant bears the burden of showing that the error was prejudicial.[FN8]
[FN4] Jury Instruction 8 advised that "[e]very conspirator is legally responsible for an act of a co-conspirator that follows as one of the probable and natural consequences of the object of the conspiracy even if it was not intended as part of the original plan and even if he was not present at the time of the commission of such act." This language is identical to the instruction that we found mandated reversal in Bolden.
[FN5] 121 Nev. 908, 922-23, 124 P.3d 191, 200-01 (2005).
[FN6] Gallego v. State, 117 Nev. 348, 365, 23 P.3d 227, 239 (2001).
[FN7] Id.; NRS 178.602.
[FN8] Gallego, 117 Nev. at 365, 23 P.3d at 239.
In Bolden, we concluded that it was error to instruct the jury on the natural and probable consequences doctrine of coconspirator liability in relation to specific intent crimes because that instruction allowed the prosecution to obtain a conviction for those crimes without proving the requisite intent.[FN9] Because Bolden was established law at the time of Ramirez's trial, it was error not to instruct the jury regarding the specific intent required to establish liability under a theory of vicarious coconspirator liability.
FN9] Bolden, 121 Nev. at 921, 124 P.3d at 200.
However, Ramirez must also demonstrate that the error affected his substantial rights. Here, in addition to finding Ramirez guilty of first-degree murder, the jury also convicted Ramirez of conspiracy to commit murder. The jury was correctly instructed that "[t]o be guilty of conspiracy, a defendant must intend to commit, or to aid in the commission of, the specific crime agreed to." Accordingly, in convicting Ramirez of conspiracy to commit murder, the jury necessarily found that Ramirez possessed the specific intent to murder Ortega. Further, the jury was instructed that "[i]f you find that . . . the defendant was a party to the conspiracy and possessed the intent to kill the victim then he is also guilty of First Degree Murder." When viewing the jury instructions as a whole and the jury's findings of guilt as to conspiracy to commit murder, we conclude that the jury would have convicted Ramirez of first-degree murder even without the erroneous instruction. Accordingly Ramirez has failed to demonstrate that the error affected his substantial rights.
Third, Ramirez complains that the jury was erroneously instructed on aiding and abetting liability for the deadly weapon enhancement. Specifically, he argues that the jury instructions did not inform the jury that the State had to prove that he had knowledge of the firearm used and actual or constructive possession of it in order to be subject to the enhancement as an unarmed offender. Trial counsel did not object to the instruction that was given, and thus Ramirez's claim is reviewed for plain error affecting his substantial rights.[FN10]
[FN 10] Browning v. State, 124 Nev.__, __, 188 P.3d 60, 71 (2008).
In Anderson v. State, which was the law at the time of Ramirez's trial, we held that a deadly weapon enhancement can be based on either actual or constructive possession and that constructive possession existed where an unarmed participant in a crime had both knowledge that the other offender was armed and the ability to exercise control over the firearm.[FN11] Here, jury instruction 10 read simply that "[t]he participation of a defendant not actually in possession of the weapon by aiding or abetting the actual user in the unlawful use of the weapon, makes a defendant equally subject to the added weapon enhancement available." The instruction fails to inform the jury that the unarmed participant must have had knowledge of and control over the weapon used to commit the crime in order to be subject to the deadly weapon enhancement. Accordingly, we conclude that it was error to give this instruction.
[FN11] 95 Nev. 625, 630, 600 P.2d 241, 244 (1979), abrogated by Brooks v. State, 124 Nev.__, 180 P.3d 657 (2008).
However, Ramirez is not entitled to relief unless he can demonstrate that his substantial rights were violated. In light of the evidence presented at trial, we conclude that if the jury had been instructed on the elements of actual and constructive possession it still would have convicted Ramirez of the deadly weapon enhancement. In particular, the evidence at trial was such that the jury could have found that Ramirez and Manzo both shot the victim. The forensic evidence showed that two different firearms were used in the shooting. A witness testified that the shooter got into the driver's side of the truck, which was testified to by others as the seat occupied by Ramirez. ...


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Brasil Ecodiesel, the leading Brazilian biodiesel producer company, recorded an increase of 57.7% in sales in the third quarter of the current year, in comparison with the previous three months. Sales volume stood at 53,000 cubic metres from August until September, against 34,000 cubic metres of the biofuel between April and June. The company is also concluding negotiations to export between 1,000 to 2,000 tonnes of glycerine per month to the Asian market. ANBA - October 4, 2007.
PolyOne Corporation, the US supplier of specialised polymer materials, has opened a new colour concentrates manufacturing plant in Kutno, Poland. Located in central Poland, the new plant will produce colour products in the first instance, although the company says the facility can be expanded to handle other products. In March, the Ohio-based firm launched a range of of liquid colourants for use in bioplastics in biodegradable applications. The concentrates are European food contact compliant and can be used in polylactic acid (PLA) or starch-based blends. Plastics & Rubber Weekly - October 2, 2007.
A turbo-charged, spray-guided direct-injection engine running on pure ethanol (E100) can achieve very high specific output, and shows "significant potential for aggressive engine downsizing for a dedicated or dual-fuel solution", according to engineers at Orbital Corporation. GreenCarCongress - October 2, 2007.
UK-based NiTech Solutions receives £800,000 in private funding to commercialize a cost-saving industrial mixing system, dubbed the Continuous Oscillatory Baffled Reactor (COBR), which can lower costs by 50 per cent and reduce process time by as much as 90 per cent during the manufacture of a range of commodities including chemicals, drugs and biofuels. Scotsman - October 2, 2007.
A group of Spanish investors is building a new bioethanol plant in the western region of Extremadura that should be producing fuel from maize in 2009. Alcoholes Biocarburantes de Extremadura (Albiex) has already started work on the site near Badajoz and expects to spend €42/$59 million on the plant in the next two years. It will produce 110 million litres a year of bioethanol and 87 million kg of grain byproduct that can be used for animal feed. Europapress - September 28, 2007.
Portuguese fuel company Prio SA and UK based FCL Biofuels have joined forces to launch the Portuguese consumer biodiesel brand, PrioBio, in the UK. PrioBio is scheduled to be available in the UK from 1st November. By the end of this year (2007), says FCL Biofuel, the partnership's two biodiesel refineries will have a total capacity of 200,000 tonnes which will is set to grow to 400,000 tonnes by the end of 2010. Biofuel Review - September 27, 2007.
According to Tarja Halonen, the Finnish president, one third of the value of all of Finland's exports consists of environmentally friendly technologies. Finland has invested in climate and energy technologies, particularly in combined heat and power production from biomass, bioenergy and wind power, the president said at the UN secretary-general's high-level event on climate change. Newroom Finland - September 25, 2007.
Spanish engineering and energy company Abengoa says it had suspended bioethanol production at the biggest of its three Spanish plants because it was unprofitable. It cited high grain prices and uncertainty about the national market for ethanol. Earlier this year, the plant, located in Salamanca, ceased production for similar reasons. To Biopact this is yet another indication that biofuel production in the EU/US does not make sense and must be relocated to the Global South, where the biofuel can be produced competitively and sustainably, without relying on food crops. Reuters - September 24, 2007.
The Midlands Consortium, comprised of the universities of Birmingham, Loughborough and Nottingham, is chosen to host Britain's new Energy Technologies Institute, a £1 billion national organisation which will aim to develop cleaner energies. University of Nottingham - September 21, 2007.
The EGGER group, one of the leading European manufacturers of chipboard, MDF and OSB boards has begun work on installing a 50MW biomass boiler for its production site in Rion. The new furnace will recycle 60,000 tonnes of offcuts to be used in the new combined heat and power (CHP) station as an ecological fuel. The facility will reduce consumption of natural gas by 75%. IHB Network - September 21, 2007.
Analysts fear that record oil prices will fuel general inflation in Kenya, particularly hitting the poorest hard. They call for the development of new policies and strategies to cope with sustained high oil prices. Such policies include alternative fuels like biofuels, conservation measures, and more investments in oil and gas exploration. The poor in Kenya are hit hardest by the sharp increase, because they spend most of their budget on fuel and transport. Furthermore, in oil intensive economies like Kenya, high oil prices push up prices for food and most other basic goods. All Africa - September 20, 2007.
Finland's Metso Power has won an order to supply Kalmar Energi Värme AB with a biomass-fired power boiler for the company's new combined heat and power plant in Kalmar on the east coast of Sweden. Start-up for the plant is scheduled for the end of 2009. The value of the order is approximately EUR 55 million. The power boiler (90 MWth) will utilize bubbling fluidized bed technology and will burn biomass replacing old district heating boilers and reducing the consumption of oil. The delivery will also include a flue gas condensing system to increase plant's district heat production. Metso Corporation - September 19, 2007.
Jo-Carroll Energy announced today its plan to build an 80 megawatt, biomass-fueled, renewable energy center in Illinois. The US$ 140 million plant will be fueled by various types of renewable biomass, such as clean waste wood, corn stover and switchgrass. Jo-Carroll Energy - September 18, 2007.
Beihai Gofar Marine Biological Industry Co Ltd, in China's southern region of Guangxi, plans to build a 100,000 tonne-per-year fuel ethanol plant using cassava as feedstock. The Shanghai-listed company plans to raise about 560 million yuan ($74.5 million) in a share placement to finance the project and boost its cash flow. Reuters - September 18, 2007.
The oil-dependent island state of Fiji has requested US company Avalor Capital, LLC, to invest in biodiesel and ethanol. The Fiji government has urged the company to move its $250million 'Fiji Biofuels Project' forward at the earliest possible date. Fiji Live - September 18, 2007.
The Bowen Group, one of Ireland's biggest construction groups has announced a strategic move into the biomass energy sector. It is planning a €25 million investment over the next five years to fund up to 100 projects that will create electricity from biomass. Its ambition is to install up to 135 megawatts of biomass-fuelled heat from local forestry sources, which is equal to 50 million litres or about €25m worth of imported oil. Irish Examiner - September 16, 2007.
According to Dr Niphon Poapongsakorn, dean of Economics at Thammasat University in Thailand, cassava-based ethanol is competitive when oil is above $40 per barrel. Thailand is the world's largest producer and exporter of cassava for industrial use. Bangkok Post - September 14, 2007.
German biogas and biodiesel developer BKN BioKraftstoff Nord AG has generated gross proceeds totaling €5.5 million as part of its capital increase from authorized capital. Ad Hoc News - September 13, 2007.
NewGen Technologies, Inc. announced that it and Titan Global Holdings, Inc. completed a definitive Biofuels Supply Agreement which will become effective upon Titan's acquisition of Appalachian Oil Company. Given APPCO's current distribution of over 225 million gallons of fuel products per year, the initial expected ethanol supply to APPCO should exceed 1 million gallons a month. Charlotte dBusinessNews - September 13, 2007.
Oil prices reach record highs as the U.S. Energy Information Agency releases a report that showed crude oil inventories fell by more than seven million barrels last week. The rise comes despite a decision by the international oil cartel, OPEC, to raise its output quota by 500,000 barrels. Reuters - September 12, 2007.
OPEC decided today to increase the volume of crude supplied to the market by Member Countries (excluding Angola and Iraq) by 500,000 b/d, effective 1 November 2007. The decision comes after oil reached near record-highs and after Saudi Aramco announced that last year's crude oil production declined by 1.7 percent, while exports declined by 3.1 percent. OPEC - September 11, 2007.
GreenField Ethanol and Monsanto Canada launch the 'Gro-ethanol' program which invites Ontario's farmers to grow corn seed containing Monsanto traits, specifically for the ethanol market. The corn hybrids eligible for the program include Monsanto traits that produce higher yielding corn for ethanol production. MarketWire - September 11, 2007.
Scientists develop biodegradable fuel cell that runs on sugar and has higher energy density than lithium ion batteries
A very exciting bit of news for those of us who track the rapid developments in the bioeconomy: researchers at Saint Louis University in the U.S. have developed a fuel cell battery that runs on virtually any sugar source - from soft drinks to tree sap - and has the potential to operate three to four times longer on a single charge than conventional lithium ion batteries.
For consumers, the 'biobattery' could mean significantly longer time to talk and play music on their iPods, cell phones and laptops. For the world's farmers, this means the carbohydrate economy gets another boost. Our post-petroleum economy is becoming an ever sweeter one...
Like other biofuel cells, the sugar battery contains enzymes that convert fuel - in this case, sugar - into electricity, leaving behind water as a main byproduct. But unlike other fuel cells, all of the materials used to build the sugar battery are biodegradable. This gives it a huge advantage over the millions of common batteries used in electronics, which are becoming a big waste problem.
The new battery could eventually replace lithium ion batteries in many portable electronic applications, including computers, the scientists say. Their findings were described today at the 233rd national meeting of the American Chemical Society in Chicago.
"This study shows that renewable fuels can be directly employed in batteries at room temperature to lead to more energy-efficient battery technology than metal-based approaches," said study leader Shelley Minteer, Ph.D., an electrochemist at Saint Louis University (picture). "It demonstrates that by bridging biology and chemistry, we can build a better battery that's also cleaner for the environment."
Using sugar for fuel is not a new concept: sugar in the form of glucose supplies the energy needs of all living things. While nature has figured out how to harness this energy efficiently, scientists only recently have learned how to unleash the energy-dense power of sugar to produce electricity, Minteer said.
A few other researchers also have developed fuel cell batteries that run on sugar, but Minteer claims that her version is the longest-lasting and most powerful of its type to date. As proof of concept, she has used a small prototype of the battery (about the size of a postage stamp) to successfully run a handheld calculator. If the battery continues to show promise during further testing and refinement, it could be ready for commercialization in three to five years, she estimates:
biomass :: bioenergy :: biofuels :: energy :: sustainability :: sugar :: biofuel cell :: biodegradable :: batteries :: lithium ion :: carbohydrate economy :: bioeconomy ::
Consumers aren't the only ones who stand to benefit from this new technology. The military is interested in using the sugar battery to charge portable electronic equipment on the battlefield and in emergency situations where access to electricity is limited. These devices include remote sensors for detecting biological and chemical weapons. Devices could be instantly recharged by adding virtually any convenient sugar source, including plant sap, Minteer said.
So far, Minteer has run the batteries on glucose, flat sodas, sweetened drink mixes and tree sap, with promising results. She also tested carbonated beverages, but carbonation appears to weaken the fuel cell. The best fuel source tested so far is ordinary table sugar (sucrose) dissolved in water, she said.
One of the first applications Minteer envisions for the sugar fuel cell is using it as a portable cell phone recharger, similar to the quick rechargers already on the market that allow users to instantly charge their cell phones while 'on the go.' Ideally, these rechargers would contain special cartridges that are pre-filled with a sugar solution.
These cartridges then could be replaced when they're used up. Ultimately, she hopes that the sugar battery can be used as a stand-alone battery replacement in a wide range of portable electronic devices.
Future work includes modifying the battery's performance for varying environmental conditions, including high temperatures, and extending the life of the battery, Minteer said. Funding for this study was provided by the U.S. Department of Defense.
A chemistry professor at Saint Louis University, Minteer already has invented a biobattery than can run on alcohol and natural enzymes. She formed a start-up company with a former graduate student to develop commercial applications for the invention. The company has secured millions of dollars in venture capital and other investments.
The Saint Louis University scientist says her long-term goal is to create a rechargeable battery that not only lasts longer, but also is also friendly to the environment.
For her groundbreaking research, Minteer earned the 2005 Innovation Award from the Academy of Science of St. Louis. From freshmen to graduate assistants, Saint Louis University students at all levels work in her lab.
posted by Biopact team at 6:12 PM
West in SoCal said...
Good for her!!!
Well, Bush actually did something right for allowing more research into this field. Awesome!
Now, only if we can survive war backlash. Stupid oil tycoons going after a diminishing resource such as oil, they need to get their heads out off their proverbial butts and contribute money for a greener way of producing energy. I'm talking to you Exxon!!!
Go natural technology!!
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CROP NEWS
Researchers at the Taiwan Forestry Research Institute (TFRI) and North Carolina State University in the U.S. have developed genetically modified Eucalyptus trees that store far more carbon dioxide and contain less lignin. - Biopact Sept. 17, 2007
The International Eucalyptus Genome Consortium's sequencing effort has been taken up as a project under the U.S. Dept. of Energy's Joint Genome Project for the year 2008. - Biopact June 12, 2007
Brazilian state of Acre intends to make cattle ranchers reforest land which they have cleared for grazing. The sustainable forestry policy is based on replanting economic tree crops such as mahogany, acai, Brazil nut and palms - BBCNews Sept. 27, 2006
Illegal deforestation of acacia for charcoal is becoming a serious problem in Kenya's Naivasha area. Nobel Peace Prize laureate Wangari Maathai's Green Belt Movement re-afforests with acacia but needs more support to win fight against illegal loggers - Kenya Times Sept. 5, 2006
Australian scientists are conducting a 'time-machine' experiment to see how eucalyptus trees cope with increased levels of CO2 and global warming. - University of Western Sydney Aug. 28, 2006
International research effort underway to sequence cassava genome, which may result in increased starch yields - USDA Agricultural Research Service - Aug. 30, 2006
Cassava has one of the highest rates of CO2 fixation and sucrose synthesis for any C3 plant. With this in mind, researchers from Ohio State University develop transgenic cassava with starch yields up 2.6 times higher than normal plants by increasing the sink strength for carbohydrate in the crop. This means cassava makes for a 'super crop' when it comes to both CO2 fixation and carbohydrate production, i.e. sugars, the feedstock for ethanol - Plant Biotechnology Journal - Volume 4/Issue 4 - July 2006
Vietnam's Institute of Tropical Biology to invest in Jatropha research - Le courrier du Vietnam - Sept. 6, 2006
Genetic study proves humans have pushed orangutans to the brink of extinction; genetic decline coincides with establishment of oil palm plantations in Malaysia/Indonesia since the 1950/60s- Public Library of Science / Biology, Volume 4/Issue 2 - February, 2006
Synthetic Genomics and the Asiatic Centre for Genome Technology Sdn Bhd (ACGT) have created a multi-year research and development joint venture to sequence and analyze the oil palm genome. In-depth genomic analyses will be followed by subsequent studies that will analyze the oil palm's root and leaf microbial communities, to identify biomarkers and metabolic pathways that affect the plant's growth and viability. Biopact - July, 2007
Researchers at the International Institute for the Semi-Arid Tropics have developed a sweet sorghum for the production of ethanol. The new variety has a very high sugar content in its root. Average yields in trial fields in the Philippines were between 95 to 125 tons, considerably higher than those of sugarcane - ICRISAT - Feb. 28, 2007
Sokoine University of Agriculture, Tanzania, develops sorghum and millet processing technologies suitable for local conditions in effort to empower small farmers - IPP Media - Sept. 6, 2006
South Africa blocks GM Sorghum project for fears over contamination of local wild sorghums - Kruger Park - Aug. 26, 2006
Brazilian authorities have given their fiat for field trials with genetically modified sugar cane plants. The Centro de Tecnologia Canavieira (Cane Technology Center - CTC) will test three genetically modified varieties that are expected to yield 15% more sugar - GMO Compass
Bamboo planting can slow deforestation, scientists from the International Center for Research in Agroforestry in Nairobi, Kenya, say. Bamboo rapidly becoming economically beneficial crop with large potential for energy, bioremediation, and afforestation - Chosun (S.Korea) Aug. 30, 2006
"The beauty of miscanthus is that you only have to sow it once...Because of the way it grows, there is no need for fertilisers or chemicals", an English entrepreneur talks about his experience with Miscanthus as an energy crop - Grantham Today Aug. 8, 2006
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Garnet is the name of a whole group of stones that can be found in a wide range of colors. The price estimation of any garnet depends altogether on shading, size and rarity related to its type. Garnets may range from green, orange, and yellow to earthier sepia tints; while dark red is the most widely recognized, reasonable and customary shade of the garnet, they are mostly available in every shade, 7.5-8 in mohs scale used for measuring hardness of stones. These gemstones have been valued by humanity for hundreds of thousands of years and are specified most broadly in Noah Ark's story. Garnets in common colors originate from India, Sri Lanka, Thailand, South Africa and the United States, while the more intriguing garnet hues are mined in East Africa and Russia. The garnet is the January birthstone in the US.


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Q: W10 won't set word as default application for .doc documents On a computer running w10 with office 365 suddenly the file association of office was lost, I have fixed it except for the .doc files, if I double click a file it will open Word but a message will show up saying that Word isn't the default application for those kind of files
I have tried uninstalling and reinstalling office with no success. Also the file association in the control panel is correctly showing Word  as the default program for doc files
Any ideas on what can be happening?
Regards

A: I had a similar problem, and the fix for me was to right click and select "open with another app". Word wasn't listed so I had to select "more apps". Then when I found Word there was a little checkbox titled "make this the default app for opening .doc"(or something like that). This seems to have fixed it for me.

redpajama_set_name: RedPajamaStackExchange


To do 'the 30 days', or 'the 50 things'? That is the question!
Multiple campaigns for outdoor time exist. We discuss why they are important and how they can all co-exist. And yes, we do have a favourite.
This summer (because it is coming, weather men and women have promised us this) we can look forward to a plethora of wild time activities and opportunities.
From national campaigns, like Wildlife Trusts' 30 Days Wild challenge, or the National Trust's 50 Things To Do Before You're 11¾ campaign, to bespoke local or company-sponsored activities, there are tools and activities to be used, read, downloaded and ticked off this summer! And tick them off we should – they are great way to really engage kids and develop their appreciation and understanding of nature. In this busy disconnected world nature needs all the help it can gather. The impact is greater when we're all shouting together. That's what The Wild Network is all about – collaborating together. We've been promoting them all with genuine passion and excitement for the collective impact they bring.
Here in The Wild Network den we have embarked on our 30 Days with much enthusiasm, but no pompous grandeur. It's all quite low key – real life wild time, not posed, not fake. (You can see what we've been up to on Facebook and Twitter). With 30 Days there's no list to tick and no badge to collect, but the concept of a challenge makes us excited to get out there. We're enjoying the responsibility of being accountable for it everyday.
This is the important piece of the wild time jigsaw – the useful reminder, the nudge to gently elbow you out of the front door. You just need time, you need ideas and you need somewhere to go. It's all very simple when you look at it like that. But we all know that it's not simple, hence efforts at jamming even just the tiniest of wild time into our everyday life can feel herculean, against the backdrop of screen time and scheduled time.
The benefits are well-documented and well worth the effort – and there can often be unexpected pleasures. Wandering with kids, you are reminded of being a child yourself and the things you learned from others come flooding back to you. Passing that on feels valuable, like a gift, almost precious (if you get carried away, which we did. Cue blank expressions and much kicking of dirt).
Back here at home there are plenty of places to find Wild Time ideas, if that simple walk feels just a bit too simple. There's the Wild Time App (download here for Apple, or Android), the Wild Ideas page of our website, there's National Trust, Wildlife Trusts and RSPB to name just a few of the most well known. But there are many others.
We were delighted to see that holidaycottages.co.uk had also recognised the need to reconnect as a family with nature and launched Nature Watch, complete with activity packs – downloadable through their website – to help families reconnect on holiday. In addition to the difficulties of finding time to play in nature, research commissioned for the holiday rental company showed that children's understanding of it was limited, perhaps confused by their experience of curated nature stories in video games, films and TV. Many 7-12 year olds thought that dragons and werewolves, more commonly found at Hogwarts than the countryside, were real (14%), while one third believed Silver Birch and other native species, such as Holly and Bluebell were not. And while we all wish dragons did exist at some point in our imagination, it's much better for nature if kids learn that dragonflies do instead.
That's why campaigns like these are all so important. Not to highlight the seemingly negative results, but to create conversation, to continue to poke and nudge, to amplify that collective voice – and help nature have a voice. Every reminder, prompt and idea will help someone, somewhere find a connection with nature. From inner city schools and tiny urban spaces, to swathes of green countryside and holiday cottages – it all counts. Just as every minute outside counts and every child's right to get out into the wild also counts.
As for our favourite? Well, we bent the rules. They're all our favourites, of course – that's the idea of a network! Whichever you choose to do, wherever you can find it and however you choose to enjoy it, everyday wildness will open your eyes to nature. If enjoyed regularly that will soon become habit.And when healthy habits are formed in nature, healthy nature-loving children are grown. This has never been so important.
Source: Survey of 1,000 UK children aged 7-12 undertaken by OnePoll for holidaycottages.co.uk, between 5-10 March 2015.
For more information on holidaycottages.co.uk visit their site. Download the Nature Watch pack from their website.


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Андре́й Григо́рьевич Кочетко́в (15 мая 1908 года — 1 мая 1990 года) — советский военный деятель, лётчик-испытатель, полковник ВС СССР, Герой Советского Союза, заслуженный лётчик-испытатель СССР.

Биография
Родился 15 мая 1908 года в Санкт-Петербурге. В 1925 году окончил 9 классов средней школы. Был чернорабочим ленинградского горкомхоза, работал на строительстве улиц.

В РККА с апреля 1927 года. В 1928 году окончил Ленинградскую военно-теоретическую школу лётчиков, а в 1929 году — Качинскую военную авиационную школу лётчиков. До 1933 года служил в регулярных войсках ВВС СССР (Белорусский военный округ). В 1938 году окончил инженерный факультет Военно-воздушной академии имени Н. Е. Жуковского.

С 1938 года — лётчик-испытатель НИИ ВВС. Участвовал в испытаниях многих боевых машин авиации.

С марта 1944 года — в командировке в США, где провёл испытания истребителя P-63 Кингкобра, поставлявшегося в СССР по ленд-лизу. 29 апреля 1944 года был вынужден покинуть штопорящий самолёт на парашюте. 15 августа 1945 года Кочетков первым в стране выполнил полёт на реактивном самолёте Ме-262 и провёл его испытания.

Во время Великой Отечественной войны выезжал на фронт для переучивания лётного состава на новые истребители, побывал на многих фронтах, добился хороших результатов.

С декабря 1950 года находился в командировке в КНР. Помогал лётчикам, защищающим небо Китая, осваивать истребители Ла-9 и Ла-11.

С 1953 года — лётчик-испытатель ОКБ Лавочкина. Поднял в небо ряд самолётов: Ла-190, Ла-200Б, Ла-250 и Ла-250А. В 1955 году выполнил первый полёт на реактивном истребителе С-1.

Указом Президиума Верховного Совета СССР от 26 июня 1958 года за мужество и героизм, проявленные при испытании новой авиационной техники, полковнику-инженеру Кочеткову было присвоено звание Героя Советского Союза.

В феврале 1959 года Кочетков ушёл в запас. Жил в Москве.

Скончался 1 мая 1990 года. Похоронен на Кунцевском кладбище.

Награды и почётные звания
 Медаль «Золотая Звезда» № 10799;
 2 Ордена Ленина (первый орден — № 371660);
 3 Ордена Красного Знамени;
 2 Ордена Отечественной войны I степени;
 орден Отечественной войны II степени;
 2 ордена Красной Звезды;
 Заслуженный лётчик-испытатель СССР;
 другие награды.

Литература

Ссылки

Лётчики Великой Отечественной войны
Похороненные на Кунцевском кладбище

redpajama_set_name: RedPajamaWikipedia


text:
Leibniz on Memory and Consciousness
Larry M. Jorgensen
British Journal for the History of Philosophy 19 (5):887-916 (2011)
@article{Jorgensen2011-JORLOM, publisher = {Taylor \& Francis}, volume = {19}, pages = {887--916}, year = {2011}, number = {5}, title = {Leibniz on Memory and Consciousness}, doi = {10.1080/09608788.2011.599568}, journal = {British Journal for the History of Philosophy}, author = {Larry M. Jorgensen} }
Jorgensen, Larry M. (2011). Leibniz on Memory and Consciousness. British Journal for the History of Philosophy 19 (5):887-916.
In this article, I develop a higher-order interpretation of Leibniz's theory of consciousness according to which memory is constitutive of consciousness. I offer an account of Leibniz's theory of memory on which his theory of consciousness may be based, and I then show that Leibniz could have developed a coherent higher-order account. However, it is not clear whether Leibniz held (or should have held) such an account of consciousness; I sketch an alternative that has at least as many advantages as the higher-order theory. This analysis provides an important antecedent to the contemporary discussions of higher-order theories of consciousness
Higher-Order Theories of Consciousness in Philosophy of Mind
Leibniz: Philosophy of Mind in 17th/18th Century Philosophy
Memory in Philosophy of Mind
dx.doi.org (no proxy)
tandfonline.com (no proxy)
The principle of continuity and Leibniz's theory of consciousness.Larry M. Jorgensen - 2009 - Journal of the History of Philosophy 47 (2):pp. 223-248.
The same-order monitoring theory of consciousness.Uriah Kriegel - 2006 - In Uriah Kriegel & Kenneth Williford (eds.), Self-Representational Approaches to Consciousness. MIT Press. pp. 143--170.
Papineau on the actualist HOT theory of consciousness.Rocco J. Gennaro - 2003 - Australasian Journal of Philosophy 81 (4):581-586.
Why should our mind-reading abilities be involved in the explanation of phenomenal consciousness?Diana I. Pérez - 2008 - Análisis Filosófico 28 (1):35-84.
Consciousness, self‐consciousness and episodic memory.Rocco J. Gennaro - 1992 - Philosophical Psychology 5 (4):333-47.
A dilemma for higher-order theories of consciousness.Isabel Gois - 2010 - Philosophia 38 (1):143-156.
Higher-order global states : An alternative higher-order model of consciousness.Robert Van Gulick - 2004 - In Rocco J. Gennaro (ed.), Higher-Order Theories of Consciousness: An Anthology. John Benjamins.
Phenomenal Judgment and the HOT theory: Comments on David Rosenthal's "Consciousness, Content, and Metacognitive Judgments". [REVIEW]Katalin Balog - 2000 - Consciousness and Cognition 9 (2):215-219.
Hop over FOR, HOT theory.Peter Carruthers - 2004 - In Rocco J. Gennaro (ed.), Higher-Order Theories of Consciousness: An Anthology. John Benjamins.
Consciousness and Self-Consciousness: A Defense of the Higher-Order Thought Theory of Consciousness.Rocco J. Gennaro - 1996 - John Benjamins.
Locke on consciousness.Angela Coventry & Uriah Kriegel - 2008 - History of Philosophy Quarterly 25 (3):221-242.
Prefrontal lesion evidence against higher-order theories of consciousness.Benjamin Kozuch - 2014 - Philosophical Studies 167 (3):721-746.
What phenomenal consciousness is like.Alex Byrne - 2004 - In Rocco J. Gennaro (ed.), Higher-Order Theories of Consciousness: An Anthology. John Benjamins.
HOT theories of consciousness: More sad tales of philosophical intuitions gone astray.Valerie Gray Hardcastle - 2004 - In Rocco J. Gennaro (ed.), Higher-Order Theories of Consciousness: An Anthology. John Benjamins. pp. 277.
The higher order approach to consciousness is defunct.Ned Block - 2011 - Analysis 71 (3):419 - 431.
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Mills Can't Think: Leibniz's Approach to the Mind-Body Problem.Marleen Rozemond - 2014 - Res Philosophica 91 (1):1-28.
Seventeenth-century theories of consciousness.Larry M. Jorgensen - 2010 - Stanford Encyclopedia of Philosophy.
Cartesian critters can't remember.Devin Sanchez Curry - 2018 - Studies in History and Philosophy of Science Part A 69:72-85.
Leibniz on Sensation and the Limits of Reason.Walter Ott - 2016 - History of Philosophy Quarterly 33 (2):135-153.
Apperception and conscientia in Leibniz's monadological ontology.Roberto Casales García - 2019 - Veritas – Revista de Filosofia da Pucrs 43:49-67.
View all 9 citations / Add more citations
The Basic Works of Aristotle. [REVIEW]E. A. M. - 1941 - Journal of Philosophy 38 (20):553-555.
Leibniz' Metaphysics. Its Origins and Development.Christia Mercer - 2001 - New York: Cambridge University Press.
Changing the cartesian mind: Leibniz on sensation, representation and consciousness.Alison Simmons - 2001 - Philosophical Review 110 (1):31-75.
The Leibniz-Arnauld Correspondence.Gottfried Wilhelm Leibniz, Antoine Arnauld & Haydn Trevor Mason - 1967 - Manchester University Press Barnes & Noble.
Leibniz: Perception, Apperception, and Thought.Robert McRae - 1976 - University of Toronto Press.


text:
FB Roundup: Heineken, Continental, and Cargill
Heineken strikes Chinese expansion deal, Continental splits its business, and Cargill bulks up on meat, animal feed
Article | 8 August, 2018 09:00 AM | By Alexandra Newlove
Heineken strikes Chinese expansion deal
Heineken has taken a $3.1 billion stake in the parent company of China's largest brewery, China Resources Beer, heating up competition among Western brewers breaking into the largest emerging market.
Heineken, the world's second largest brewer and 50% owned by the founding family, currently runs at a loss in China, and the new acquisition will give it access to strong distribution networks, and the chance to acquaint Chinese drinkers with its products.
China is the world's largest beer market by volume with a growing thirst for premium brands.
Rival family-owned beer giant AB InBev has a strong lead in China, controlling 16% of the market compared with Heineken's 0.5%, according to Euromonitor.
Heineken turned over €22 billlion ($25.5 billion) in 2017. It made the headlines again this week as it released a marijuana-based alcohol-free version of its Lagunitas beer, to be sold in states where the drug is legal.
Continental splits its business
Continental AG has become the latest auto industry company to restructure its business in preparation for sweeping changes in the world of car making.
Chief executive Elmar Degenhart, pictured, told reporters the company was turning its powertrain division, which makes parts for internal combustion engines, into a separate company. There was also a possibility Continental would sell some of its rubber business and moving into battery making.
Degenhart said there were "huge questions marks" around the timing of a widespread move toward electric vehicles and synthetic fuels.
"That's why it's prudent to make ourselves more flexible now," Degen said, adding that the changes would likely come into effect early 2019.
Continental AG is 46% owned by Schaeffler Group, the holding company for Germany's Schaeffler family.
Cargill bulks up on meat, animal feed
Cargill has reported record earnings of $3.2 billion for the 2018 fiscal year, with animal feed and meat the 153-year-old agribusiness's biggest cash cow for the second year in a row.
Owned by the sixth generation of the eponymous family, Cargill brought in revenues of $114.7 billion, up 5 per cent on last year. Its adjusted operating earnings were up 6 per cent.
Cargill was founded in 1865 when William Wallace Cargill bought a grain warehouse in Iowa. While meat and feeding animals is presently proving the most lucrative, the company's grain and food staples business also recovered in 2018 after several years of global oversupply, due to drought in Argentina and tensions between the US and its trading partners.
Two's company: Are two-tier management boards just double trouble?
Embracing change: Feisal Alibhai's story of recovery from crisis
Alexandra Newlove
Alexandra Newlove was a Senior Writer who joined the CampdenFB team in 2017-18. Previously, she worked in New Zealand as a news reporter with Fairfax Media and NZME. Alex is a qualified journalist, who also has a degree in criminology and psychology. When not writing about the issues which affect family businesses, Alex is a keen cook, runner, and voracious consumer of books and news.
Related terms: agribusiness, beer, Cargill, China, continental, FB News, Heineken, Family Business, US
Five reasons to join the North American Family Office Conference in Boston
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A dozen years later and Campden Americas conference in Miami is bigger than ever
Market insight: Mastering Manhattan
de Visscher & Co
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text:
'NBA 2K19' review
September 11, 2018 September 11, 2018 admin	Comment(0)
Research Center: NBA 2K19
When we previewed NBA 2K19 in August, we saw it as a step forward in realistic gameplay. Both offense and defense were refined to make a more calculated and authentic basketball sim. Now that we've had a chance to dive into the final and full version of the game, it's clear that NBA 2K19 is, once again, the best iteration in the series thus far when it comes to pure on-the-court action.
MyCareer, the create-your-player story mode, has also improved. The progression system is better, the neighborhood layout is more accessible and diversified, and it doesn't constantly ask you to dole out money for upgrades. Your player's storyline is more believable this time around, though it's still a somewhat underwhelming experience.
Beyond the gameplay and MyCareer enhancements, NBA 2K19 does feel familiar to NBA 2K18. However, as we've seen in the past, familiarity is a trait that's good for the series as it continues to be the annual king of basketball sims — a title it surely won't lose anytime soon if we keep seeing entries as polished and varied as this one.
Got skills?
All of NBA 2K19's gameplay adjustments work towards making an experience that's a closer approximation to reality. This leads to a stricter simulation style of play that rewards those with the most skill and discipline.
The Takeover meter in action.
When you step onto the hardwood, the first thing you'll notice is the new Takeover meter. Takeover has the potential to either boost or hurt a player's key attributes. If you make a couple shots in a row with a sharpshooter, you can activate Takeover to further increase their chance of making the next shot. Conversely, if you fire brick after brick, a snowflake icon appears next to your player indicating they've gone cold. There are seven Takeover archetypes in all, each affecting key areas such as passing, defense, finding lanes, and rebounding. Some star players have multiple Takeover abilities as well, and though this new feature isn't a big game-changer, it does highlight the fact that once NBA players get in rhythm, they can literally take over games.
All of NBA 2K19's gameplay adjustments work towards making a balanced experience that emphasizes skills over all else.
While Takeover is the biggest addition to the gameplay, it's by no means the only one. Tweaks to both offense and defense help create a more well-rounded and ultimately fair experience. It's much harder to get to the hoop against AI defense without setting a screen or running a play. In previous editions, you could easily get a step on a defender in one-on-one situations. Now, you get shut down more often when trying to play hero ball.
The shot meter's color can be modified and placed in a variety of positions alongside your player. Additionally, there's more accuracy to the on-the-court action, marking both contested and open shots as they appear. The shot meter stays with you on all shots now, including layups. This improvement is especially welcome since it was easier to miss open layups in 2K18 due to its lack of clarity on when to release a shot. Each layup animation has different timing though, so it's still possible to miss open layups if you aren't careful.
NBA 2K19 gamplay footage
On defense, you will have to be more attentive even with AI providing better assistance. It's not as simple as spamming the trigger buttons to stay on the ball handler. In 2K19, you must manually contest each shot, meaning you have to pay attention to ball fakes and anticipate when they will go up with the shot. If you don't time it properly, the offense has an open look.
NBA 2K19's focus on realism is somewhat daunting at first, but it only takes a few games to realize that all of the changes are for the better. With crisper player animations, more lifelike visuals, and more balanced gameplay, NBA 2K19 is an incredibly rewarding basketball sim that slyly compels you to learn all the game's intricate maneuvers.
The grind to stardom
One of the biggest knocks on MyCareer over the years has been on its downright terrible stories. For instance, last year's storyline followed a former music DJ that played in a street ball contest and somehow wound up in the NBA. Thankfully, NBA 2K19's story is much more believable.
Dubbed "The Way Back," after not getting drafted, your created player starts his career in China before making it to the G-League and eventually, the NBA. Along the way, you develop rivalries, forge relationships, and learn to become a team player. For the first few hours of MyCareer, the story is told through wonderfully rendered cutscenes, aided by great performances from Anthony Mackie, Haley Joel Osment, Michael Rapaport, and others. These cutscenes are lengthy and noticeably better than previous entries in terms of production value. The writing is a step up from earlier efforts, and there are some genuinely funny bits of dialogue.
MyCareer is about the grind, though. After a few hours, you arrive in the NBA. The quality writing and cutscenes fade away, and you emerge in the Neighborhood — the social hub we saw for the first time in NBA 2K18. The new layout places the courts in the center of the neighborhood, practice facility, training center, activities, and shops. The centralized courts make sense and eliminate a lot of the cumbersome wandering.
The most meaningful changes in MyCareer pertain to the progression system. Earning Virtual Currency to level up your player isn't as slow of a process thanks to additional activities, sponsorships, and a generally more liberal dispensing of VC. It also doesn't always feel like it's begging you for money, which was by far the most annoying aspect of MyCareer in 2K18. Of course, you can still reach a high rating much faster by spending real money, but it feels like you can get there without doing so this time around. Progression also benefits from an updated badge system that specifically tells you which skill each practice drill goes towards.
Since the Neighborhood setup hinges on consistent participation from the community, it's hard to say if it will thrive for months to come, but there's definitely enough here to suggest it will.
Familiar trappings
Sports sims have so much content nowadays that it seems almost impossible to make substantial changes to each mode year after year. NBA 2K19 is no stranger to that model.
NBA 2K19 Compared To
Franchise mode is still as deep and customizable as ever, but it doesn't have the quality-of-life improvements seen in MyCareer. MyGM plays almost exactly the same, all the way down to the awful story. Introduced last year, MyGM can be played with an accompanying narrative if you so choose. Called "The Saga Continues" this year, the story is comprised of lengthy text boxes filled with dry, sleep-inducing dialogue. There's no voice acting and these text-based scenes last for close to an hour before you get to do anything of substance. Just like last year, the MyGM story mode can be viewed as a bonus, but you shouldn't continue the saga. However, if you want to create your own expansion franchise, MyGM still has robust tools to modify everything from team logos to your home court.
MyTeam, the card-collecting fantasy mode similar to EA Sports' Ultimate Team, feels like a lateral move. While MyCareer has partially walked away from asking for money at every turn, MyTeam still craves your hard-earned cash. Earning enough in-game tokens for new packs is a laborious process and even though it's still a deep game mode for those who like to play competitively, we wish there wasn't such a crude emphasis on microtransactions.
2K19's package is rounded out by two neat features, Blacktop and 2KU. Blacktop lets you show off your street ball skills in 1v1 through 5v5 matchups, whereas 2KU teaches you the ins and outs of the game's controls and features. Neither are new additions to the series, but if you haven't played 2K in a few years, they are cool and important modes.
Once again, NBA2K's latest installment proves to be an excellent basketball sim, bringing more refined, realistic gameplay, and balances to offense and defense. The MyCareer story is much improved, and the progression system feels more forgiving than previous iterations. While the rest of the package mostly mirrors what we've seen before, overall, these marked improvements to the series make it hard to hold it against 2K19.
Is there a better alternative?
No, NBA 2K19 is best entry in the premier basketball simulator.
How long will it last?
With four deep game modes, NBA 2K19 can hold your attention for well over 100 hours.
Should you buy it?
Yes, NBA 2K19 offers the best simulation basketball gameplay around. Even if you already own NBA 2K18, 2K19 is worth the upgrade.
Gaming – Digital Trends
Tagged 'NBA, 2K19', Review
Leaked snow-covered 'PUBG' map looks like a haven for snipers
[embedded content] PlayerUnknown's Battlegrounds will be getting a snow-covered map very soon if the ending of the E3 2018 trailer is anything to go by, but ahead of its release, it seems that data miners have managed to uncover some details. If you enjoy the thrill of crossing desolate bridges and honing your sniping skills […]
There's a new leader in town when it comes to the most-seen commercials, as PlayStation has not only been knocked out of the No. 1 spot by King, it actually falls to last place on our ranking of most-seen gaming industry spots. Meanwhile, Square Enix and Xbox are nearly tied in second and third place, […]
E3 2019 press conference schedule
It's hard to believe the year is moving along this fast, but E3 2019 is less than two weeks away. Though it has changed considerably this generation, E3 is still the single biggest event for gaming announcements, with publishers like Ubisoft, Bethesda, Nintendo, Microsoft, and Square Enix heading to Los Angeles to reveal information on […]
Sensor Tower: Mobile Strike grosses over $1.3 billion for MZ
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February 2, 2019 February 2, 2019 admin


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On the Road to Reinvention
Between Land and Sea
Memoirs 2013
A Season for Killing Blondes
The Coming of Arabella
We'd Rather Be Writing
Too Many Women in the Room
A Different Kind of Reunion
Angels All Around
Australia Burns Volume Three
No More Secrets
The Dollar Stretcher
eHow
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Mind | Body | Spirit
Second Acts
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Best Motivational Video Ever
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Maybe–Michael Jordan
Blink of a Moment
Tag Archives: Racing from Evil
Spotlight on Sasscer Hill
Posted on June 10, 2016 by Joanne Guidoccio
I'm happy to feature author Sasscer Hill's inspiring journey.
Here's Sasscer!
Back in 1994, I wrote a romantic suspense novel and landed a literary agent. I thought the rest would be a slam dunk! Fast forward sixteen years where, still unpublished, and now two agents later, I'd completed two novels featuring female jockey Nikki Latrelle.
I wrote these books because of my passion for Thoroughbreds and my love for and knowledge of horse racing. One of my mentors suggested I make all my writing like the races I wrote–putting that excitement, that pacing, and those amazing characters that populate this world into every chapter. So I began a third Nikki Latrelle with that in mind, and prayed it would land a New York publisher.
In February of 2010, my favorite author Dick Francis died, I was diagnosed with lymphoma, and my horse farm was hit by the worst blizzard in the history of Maryland. Feeling desperate, I begged a small press owner to look at the first in the Nikki Latrelle series, FULL MORTALITY. He read the manuscript during the blizzard and accepted it the next day.
Miraculously, FULL MORTALITY was published in May of 2010, received rave reviews, and was nominated for both Agatha and Macavity Awards.
The award nominations helped secure a third and better agent with a successful track record. But by the time I finished the third book in the "Nikki Latrelle" series, it was clear that New York publishers weren't interested in the latest in a series already published by a small press–unless it had humongous sales. A word to the wise: you are unlikely to get humongous sales with a small press.
My new agent told me to start another series. So I did, creating "Fia McKee," a thirty-two-year-old agent for the real life agency, the Thoroughbred Racing Protective Bureau. I finished the manuscript of FLAMINGO ROAD in 2014 and started the second in the "Fia McKee" series in October that year.
My agent began shopping for publishers in December of 2014. The next spring, we caught the attention of an editor at St. Martins, Minotaur, but she had reservations about readers' interest in a horse racing novel. I immediately went to work, obtaining statistics on the surprisingly strong popularity of horse racing. Things like NBC's unprecedented ten-year extension agreement to broadcast rights to the Breeders Cup weekend races as well as the eleven qualifying races that precede that two-day, all-star event. I noted how a recent ESPN poll showed horse racing is the most popular non-team sport, beating out tennis, boxing, and even NASCAR! I sent the report to my agent, who sent it to St. Martins.
Less than a week after this, the Carrie McCray committee gave my in-progress novel, the second in the "Fia McKee" series, their "Best First-Chapter of a Novel" award. Within days, this same novel received a Claymore nomination.
But the brightest star to align that week was a racehorse named American Pharoah. Deep in my heart, I'd believed if the colt could pull off the historical and momentous feat of winning the first Triple Crown in 37 years, it might nudge a publishing offer from St. Martins my way. White knuckled, I watched the final race at Belmont. When American Pharoah blasted around the track on the lead, rocketed down the stretch, and began pulling away from the Belmont field, I almost had a heart attack. When he opened up and won by daylight, I burst into tears. Turning to my husband, I said, "I think FLAMINGO ROAD will get an offer."
I could feel the bright star that is my love for horses rising over me. Pharoah's race drew 22 million television viewers, and the subsequent radio, television, and social media attention was phenomenal. Within a week, American Pharoah appeared on the cover of Sports Illustrated, and a day later, I received a two-book offer from St. Martins Minotaur.
But I was surprised to learn that the first Fia McKee novel would not come out until the spring of 2017, a wait of almost two years! My last book had been published in 2013, and I surely hated waiting for so long!
I was aware that some publishers are asking their authors to write novellas and short stories to keep these writers in the public eye during the intervals between their full length novels. The obvious answer for me was a new Nikki Latrelle. But as I was under contract to St. Martins, I knew the time slot was very compressed. A novella seemed like just the thing.
I believed the tale of Nikki's early years would make a poignant and satisfying read. Imagine a fatherless thirteen-year-old girl whose mother dies suddenly. In a sense, this mother has abandoned her daughter, leaving her in the hands of a lewd, malevolent stepfather. Nikki has no family, and when the stepfather forces his way into her bedroom, she flees. Her best times were spent with her mom at the racetrack, so this is where she runs.
Nikki is forced to steal food, sleep in race horses' stalls to stay warm, and avoid the police and her stepfather who search for her. But just when things seem to be going right for her, Nikki crosses paths with a young man who makes her stepfather seem like a saint.
The novella is out, it's selling well, and hopefully St. Martins Press will be pleased to see I produced it. This week, I shall begin the third in the Fia McKee series.
Sasscer Hill, a former Maryland racehorse breeder, trainer, and rider, uses the sport of kings as a backdrop for her mysteries. Her "vivid descriptive" prose about greed, evil, heart, and courage propelled her "Nikki Latrelle" novels to multiple award nominations, including Agatha, Macavity, and the Dr. Tony Ryan Best in Racing Literature awards.
Where to find Sasscer…
Website | Facebook | Amazon
Posted in Guest Blogging, Inspiration	| Tagged Joanne Guidoccio, Racing from Evil, Sasscer Hill | 7 Comments
Book Blast: The Time Gatherer
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The soft salty air of this city, the gentle lapping of the waves against the wave breakers, the strong sea breezes that leave a warm feel on your skin in spite of the comparative coolness around, the lovely driveway along so many kilometers of the Arabian Sea – part of the collective memory I will always hold about my city. And yesterday, an extra aspect got added to my seaside memory.
The fun of meeting old friends on the Katta by the sea side is a pleasure in itself. It almost feels like the warm-cool breezes try to etch the moments in your mind! And here, I must scream to the world that I am indeed humbled to have four K* (secret code word) friends who came all the way just to say hi and celebrate a moment.
Let me describe the full force of this meeting. Imagine a V. One of my K* friends lives in one corner of the V and works in another. Yet she came to a place at the center of the V. Two friends live in one corner of the V and work just 5 kilometers away. Yet they came to a place at the center of the V. Another, doesn't stay in the V. He was here on vacation from another city. He stays at a point nowhere on the two prongs of the V. Yet he came to a place at the center of the V. I stay and work very close to the center of the V.