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LIGDA v. JOHNSON
Paul LIGDA, as Public Defender of Solano County, Petitioner, v. SUPERIOR COURT OF SOLANO COUNTY, Respondent; George Washington JOHNSON, Real Party in Interest.
Paul Ligda, Public Defender, County of Solano, Fairfield, for petitioner. Milton Goldinger, County Counsel, John M. Powers, Asst. County Counsel, County of Solano, Fairfield, for respondent.
The Public Defender of Solano County seeks a writ of prohibition to annul an order that a designated deputy public defender, Stephen R. Camden, attend the trial of defendant, George Washington Johnson, to assist him through sentencing. Camden sought a writ of habeas corpus, contending the court's order illegally deprived him of his freedom.
Johnson was represented initially by the public defender and his deputy, Stephen R. Camden (People v. Johnson, No. 6303 on respondent's calendar). This representation lasted from October 31, 1969, until January 6, 1970 (the date set for trial), when Johnson successfully urged the court to be allowed to proceed Pro per in his own defense. The cause came up for trial on January 27, 1970, and just prior to trial, the court made the second order assailed, over the objection of the public defender. The deputy public defender petitioned this court for a writ of habeas corpus, which was denied (1 Crim. No. 8563, this court). The reasons for such denial are embraced in this opinion. While impliedly recognizing the power of the court to assign counsel as an advisor to assist a pro per defendant in a criminal case (People v. Mattson (1959) 51 Cal.2d 777, 789, 336 P.2d 937; People v. Black (1962) 205 Cal.App.2d 406, 23 Cal.Rptr. 141), he asserts that in any such assignment, the consent of a public defender so assigned must be secured; and in making the order without consent of the public defender or his deputy, there is an excess of jurisdiction which can be prohibited. The contention as reflected in the petition for writ of habeas corpus is 'The Court's Order that I remain as an adviser during the course of the trial in the matter of Peo v. Johnson deprives me of my liberto (sic) to attend to my regular duties. That deprivation of liberty is illegal in that the Court has no authority to Order the Public Defender to appear as an 'adviser' to anyone without consent or to order a specific Deputy Public Defender to abandon his other duties to act as 'adviser' without consent.' It is broadly claimed that a public defender is no more subject to a court's control than any other attorney practicing before the court.
In People v. Wade (1968) 266 Cal.App.2d 918, 923, 925, 72 Cal.Rptr. 538, and People v. Amstrong (1969) 274 A.C.A. 328, 79 Cal.Rptr. 223, it was held that denial of defendant's motion to have a deputy public defender sit as an adviser was not an abuse of judicial discretion. In the Wade case, it appears that the deputy objected to accepting such assignment. In Wade, the deputy assured the court that defendant (who had three previous felony convictions) was able to make an intelligent waiver of counsel. Defendant had personally and successfully argued his motion under Penal Code, section 995. In Armstrong, the court held the defendant capable to meeting the simple issues involved in prosecution for a gas station burglary.
Even assuming the public defender's consent were held to be necessary, the return to the alternative writ successfully traverses the claim that the assignment of Mr. Camden to assist Mr. Johnson was without his consent. Under the facts, such 'consent' was not necessary.
On January 6, 1970, at the time set for trial, defendant Johnson was interrogated by the court relative to his request to relinquish his representation by the public defender's office. Being charged with some 15 counts charging robbery, kidnapping for robbery and attempted murder, the interrogation by the court disclosed serious doubts that Johnson could adequately handle his own defense. The following extracts of the proceedings are pertinent:
'THE COURT (to defendant Johnson): Well, you mentioned one other thing. You indicated you would like to be in charge of your own defense, but you also made reference to the fact that you, if possible, would like to have some attorney available to provide legal assistance or advice? THE DEFENDANT: Yes. * * * THE COURT: Mr. Camden, what is the position of the Public Defender's Office in the matter, particularly on this point raised of the request for legal assistance rather than representation or service as counsel for trial? MR. CAMDEN: Well, your Honor, the defendant is right, in that I have had only one consultation with him and I believe that was last Friday. At that time he told me that it was his desire that he would discharge my office in its entirety, the entire legal staff, and he was going to hire his own counsel. In the meantime, we proceeded to appear, however. If Mr. Johnson's motion is granted and he is allowed to proceed pro per, I would at any time he asked me for legal advice, I would be glad to give him the information he requests or any of my legal knowledge that he may need in preparing for his trial.'
The defendant advised the court he had no faith in the public defender's office, and Mr. Aye of that office advised the court of Mr. Johnson's lack of cooperation with the public defender's office in preparing for his defense, placing them in an awkward position.
'THE COURT: I am satisfied it would put any counsel in an awkard position. I have already advised Mr. Johnson that the Court does not at this juncture propose to impose upon other counsel by discharging the Public Defender's Office and assigning a private attorney to represent him. However, the motion to relieve the Public Defender's Office as your attorney is granted * * *.'
A speedy trial is enjoined in criminal cases (Pen.Code, ss 686, subd. 1; 1381—1383, inc.).
The district attorney protested vigorously at postponement of the trial; but the court granted a three-week's continuance, stating 'The strong possibility remains that this, as the record would seem to indicate, may be deemed nothing more than a tactic for delay or prevention of the prosecution for a brief interim. Be that as it may, the Court is obligated to afford every defendant all possible consideration and to acknowledge each of his rights.' (Cf. People v. Adamson (1949) 34 Cal.2d 320, 210 P.2d 13; United States v. Plattner (2 Cir. 1964) 330 F.2d 271.) There was a further statement, upon fixing the time of trial on January 27, 1970, that no further continuances would be granted; and then the court stated to Mr. Johnson: 'The public defender will turn over to you at this time the transcript of the proceedings before the Grand Jury and any and all investigation reports, statements of witnesses or other material pertinent to the defense, in the possession of the public defender.
'Furthermore, if you wish legal assistance you may make a date with Mr. Camden. At this time he has indicated his willingness to provide any continuing counsel if you wish his assistance during trial, to be present, and you may have that.
'THE DEFENDANT: Thank you, your Honor. MR. CAMDEN: Thank you, your Honor. * * * THE COURT: Do you have anything further, Mr. Johnson? THE DEFENDANT: Just that the power to subpoena witnesses be granted. THE COURT: I am sure that Mr. Camden will be willing to process any subpoenas that you wish, and if there are a large number of them the Court may require a showing, or the District Attorney may require a showing in advance of their names and the gist of their testimony, in order that we can be sure that no further delays or waits will be entailed in the case. THE DEFENDANT: All right. Thank you, your Honor.'
At this point the option of assigning other counsel from the bar existed if the court found 'the public defender has properly refused to represent the person accused.' (Pen.Code, s 987a; Avan v. Municipal Court (1965) 62 Cal.2d 630, 43 Cal.Rptr. 835, 401 P.2d 227.) But Mr. Camden did not refuse the limited assignment made on January 6, and was still with defendant as he appeared on January 27, the time to which the trial was postponed, under an order the case was to proceed in all events. For all the record shows, the public defender's improper refusal was only then made apparent, the refusal proceeding from Mr. Ligda, the county public defender, as Mr. Camden's superior.
It would obviously have been too late to secure private counsel for assignment, a matter we apprehend to be of some difficulty any time in Solano County,1 which has 81 attorneys, with only 18 in Fairfield, the county seat, and one in Suisun (Records, State Bar). The public defender and his staff constitute some 7 of these, and the district attorney and his staff, and the county counsel must approximately aggregate the same number or more. This accentuates the reasonableness of the orders of the court involved here.
On January 27, 1970, the postponed trial commenced. Mr. Johnson appeared and was accompanied by Mr. Camden, deputy public defender, as adviser. In chambers, Johnson requested that his sister be subpoenaed. 'THE COURT: All right, Mr. Camden, this will be a recess assignment for you. MR. CAMDEN: Yes, Your Honor. This is unexpected.' The district attorney indicated it would be some five days before the defense would need the witness.
'MR. CAMDEN: I didn't understand this. Now the last time I was here the Defendant made a motion to discharge the Public Defender's Office and that was done. THE COURT: That is true. You are required to stand by to give such assistance as may be required of you, but you are not obliged to manage the case, as it would be if you were attorney. But if he asks you questions about any legal matters during the course of the trial, or if you can assist him in things like this, the Court will expect you to perform. MR. CAMDEN: In other words, my presence will be required during the course of this trial; is that correct, Your Honor? THE COURT: Yes. MR. CAMDEN: I'll have to make a phone call. The Fairfield court will be held completely uncovered and I could be in contempt of court. THE COURT: I'll grant you a writ of habeas corpus if you are held contempt.'
It is apparent that following the court session on January 6, Mr. Paul Ligda, the county public defender, disagreed with the court and made no arrangements for compliance by Mr. Camden.
During the trial on January 29, 1970, the alternative writ herein was issued on the petition of Mr. Ligda, the county public defender, and that fact was communicated to the court, wherein Mr. Camden was in attendance.
The Court thereupon stated in part to Mr. Camden: '* * * I am the subject of a temporary restraining order forbidding me to compel you to remain in court and also requiring that I appear and answer if I wish to in respect to staying on. Mr. Camden, I know you are subject to the orders of Mr. Ligda. I intend to abide by the orders of a higher court. I nevertheless ask you to remain in the interests of doing all that we can to protect the rights of this Defendant. MR. CAMDEN: Well, Your Honor, I have to obey the orders of my boss. I have a job, I have a wife to support and it would imply my losing my job, although I am concerned with the interests of justice as well. THE COURT: Yes, you have my entire personal sympathy. All right, all right. Mr. Johnson, you are on your own.'
Under the circumstances disclosed by the record before us, there was no excess of jurisdiction nor abuse of discretion by the court making the order in question. The court had assigned the cause of Mr. Johnson to the public defender, and Messrs. Aye and Stephen Camden had appeared for trial, and in the normal course of events would have participated throughout. The defendant obviously needed legal assistance in relation to the serious charges pending against him. He demanded the right to represent himself. The court might have refused to relieve the public defender as his counsel. But while granting the motion to do so, the court undoubtedly was motivated by the willingness of Mr. Camden to continue, in the advisory capacity recognized in such cases by the Supreme Court.
A trial court is not required to appoint advisory counsel when court appointed counsel is relieved, at the defendant's request (People v. Adame (1959) 169 Cal.App.2d 587, 601, 337 P.2d 477, cert. den. 361 U.S. 969, 80 S.Ct. 599, 4 L.Ed.2d 548). But a defendant has been allowed to conduct his defense, after relieving his attorney, but retaining his assigned attorney in an advisory capacity in People v. Pilgrim (1958) 160 Cal.App.2d 528, 529—530, 325 P.2d 143, a Solano County case.
In State v. Walle (1968) 182 Neb. 642, 156 N.W.2d 810, the defendant was charged with the murder of his wife. We quote (156 N.W.2d, pp. 811—812): 'On January 30, 1967, the defendant, in open court, elected to defend himself, and the public defender was appointed as his 'technical advisor.' This was within the discretion of the trial court. People v. Mattson, 51 Cal.2d 777, 336 P.2d 937. At this hearing the defendant inquired as to whether he would have access 'to any kind of court rules on courtroom procedure and to any books.' The trial court explained that the public defender would supply advice of a technical nature to the defendant upon his request. The case was then set for trial on February 14, 1967.
'On February 14, 1967, there was a further hearing in chambers before the trial began. The defendant made an oral motion that he be granted a private cell for purposes of research and study; that he have access to a typewriter, carbon paper, and legal pads; and that he receive a transcript of all testimony for each and every court session by the day. This motion was overruled but the court requested that the sheriff place the defendant in a private cell if one was available. The court also directed the public defender, as technical advisor to the defendant, to supply the other things requested to the best of his ability.
'The defendant argues that an indigent defendant is entitled to collateral aids in addition to trial counsel. He cites cases which hold that an indigent defendant is entitled to the services of an expert witness, such as a handwriting expert or a psychiatrist.
'We think the trial court adopted the best solution possible for the problems that were presented in this case. The services of the public defender, as a technical advisor, are of much greater value to a defendant untrained in the law than access to a fully equipped law library.'
In Gray v. Ellis (5 Cir. 1958) 257 F.2d 159, 161, defendant asked to be relieved of counsel, in his trial for robbery. 'The trial judge specifically stated that he urged on the petitioner that he permit counsel to continue to represent him, but petitioner refused; nevertheless the trial judge required counsel to remain at counsel table throughout the trial.' The federal court commended the state court in its attempt to so conform to the basic requirements of due process, and dismissed a petition for habeas corpus brought by the convicted defendant.
Despite a defendant's right to represent himself, the assignment of counsel who does assist him is no ground for reversal in the absence of actual prejudice. (United States v. Cantor (2 Cir. 1954) 217 F.2d 536.)
Mr. Justice Burger, concurring in Brown v. United States (1959) 105 U.S.App.D.C. 77, 83, 264 F.2d 363, 369, stated: 'I would not agree, without some qualification, that a court cannot assign counsel without consent of the accused. It is axiomatic that more than the rights of an accused are involved in a criminal case. In some circumstances, for example where an indictment covers such complex questions of law and fact that the court thinks the accused unable to understand their import, an amicus curiae could properly be appointed without the accused's consent. The accused should, however, still be permitted to present his own case without reference to what is presented by the amicus curiae. Vindication of the processes of justice would require such a procedure in some cases.'
We conclude on the record that People v. George Washington Johnson was such a case, where defendant was charged with attempted murder, and numerous counts of robbery, and kidnapping for robbery.
In Miller v. Municipal Court (1967) 249 Cal.App.2d 531, 57 Cal.Rptr. 578, where a deputy public defender was assigned as an adviser to a defendant, and was cited for contempt for failure to appear at the designated time, the court held (at p. 538, 57 Cal.Rptr. at p. 582) 'We are convinced that Judge Twenty-two used his undoubted power to adjudicate a contempt, too eagerly.' (Emphasis supplied.)
In People v. Black (1962) 205 Cal.App.2d 406, 23 Cal.Rptr. 141, the defendant, charged with violation of Penal Code, section 288, over the warnings of the danger involved by the court, insisted on representing himself, and upon the discharge of the public defender representing him. The court 'reluctantly discharged the public defender, but instructed him to remain in the courtroom in an advisory capacity.' (P. 408, 23 Cal.Rptr. at p. 142.)
The court stated (at p. 408, 23 Cal.Rptr. at p. 142) 'Since the court could not force defendant to accept representation of counsel (People v. Mattson, 51 Cal.2d 777, 336 P.2d 937), the court did the most that could be done when it assigned the public defender, who was familiar with the case, to act in an advisory capacity.'
In Hollander v. State (1966) 82 Nev. 345, 418 P.2d 802, defendant appealed his life sentence as an habitual criminal. He claimed prejudicial error, for failure of the court at his instance to discharge his court-appointed attorney and to provide new counsel, as requested, because of counsel's alleged failure to subpoena certain witnesses, and to conduct the trial according to the defendant's desires. The court states (418 P.2d at p. 806): 'After the refusal by the trial court to substitute counsel, appellant requested that he be allowed to defend himself. He undoubtedly has the right to do so if he so desires under normal conditions. State of South Dakota v. Thomlinson, 78 S.D. 235, 100 N.W.2d 121 (1960), 77 A.L.R.2d 1229. This right has been imposed by the court itself under like circumstances. People v. Shields, 232 Cal.App.2d 716, 43 Cal.Rptr. 188 (1965). In this situation the obligation of the court and prosecution is still to insure the accused a fair trial. Garner v. State, 78 Nev. 366, 374 P.2d 525 (1962). This was adequately provided by the court in this instance. The court required counsel to remain in the courtroom and to be available to the appellant for assistance at all times. Appellant did confer with counsel during the course of the lower court proceedings. Counsel also did provide independent assistance whenever it was called for during the trial.'
In Hatten v. State (1967) 83 Nev. 531, 435 P.2d 495, appellants were charged with robbery. They asked to be relieved of counsel assigned by the court initially; and then, after assignment of second counsel, asked for his release so they could represent themselves. This, the court permitted as their right under the state Constitution. The Supreme Court stated (435 P.2d at p. 496): 'However, the district judge directed Mr. Chachas to remain throughout the trial and to assist the appellants if so permitted by them, which Mr. Chachas did. His representation continued through the hearings on the post-conviction motions.
'We commend the action of the district judge, for while the appellants had a clear right to represent themselves, unless some unusual circumstances appeared, i.e., incompetence, coerced waiver, the assistance of counsel was ever present throughout the trial and during the post-conviction hearings. See Hollander v. State, 82 Nev. 345, 418 P.2d 802.'
The fact that the public defender is a public officer, acting by deputy, does not institutionalize the representation. Once a deputy has appeared as counsel in a cause, the court may retain him before the court in such a matter; both as a matter of regulating the procedure before the court, and likewise, to maintain the attorney-client relationship between the defendant and his counsel in the cause itself. Having the right and duty to assign the defense to the public defender, the court has the power to assign him to serve for the more limited included function of advising and assisting one charged with such serious felonies.
In the recent case of In re Williams (1969) 1 Cal.3d 168, at pages 174—175, 81 Cal.Rptr. 784, at page 788, 460 P.2d 984, at page 988, the California Supreme Court has said: 'The Sixth Amendment, which is applicable to the states through the due process clause of the Fourteenth Amendment (Gideon v. Wainwright (1963) 372 U.S. 335, 342, 83 S.Ct. 792, 9 L.Ed.2d 799) provides that: 'In all criminal prosecutions, the accused shall enjoy the right * * * to have the Assistance of Counsel for his defence.' (U.S.Const., 6th Amend.) The logical corollary of this right is the right of indigents to have effective counsel appointed by the court at state expense (see Powell v. Alabama (1932) 287 U.S. 45, 72, 53 S.Ct. 55, 77 L.Ed. 158; People v. Ibarra, supra, 60 Cal.2d 460, 464, 34 Cal.Rptr. 863, 386 P.2d 487.) California has fulfilled its responsibility to provide counsel for indigents largely by establishing public defender's offices. (See Cuff, Public Defender System: The Los Angeles Story (1961) 45 Minn.L.Rev. 715; David, Institutional or Private Counsel: A Judge's View of the Public Defender System (1961) 45 Minn.L.Rev. 753.).'
Whether the right is rooted in the Sixth Amendment, or in the Fourteenth, it is now established that the 'assistance of counsel' is not limited to courtroom advocacy. A suspect before being placed in a lineup for identification purposes is entitled to counsel (People v. Feggans (1967) 67 Cal.2d 444, 62 Cal.Rptr. 419, 432 P.2d 21; Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178) and before questioning by officials, in the accusatory stage (Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; People v. Dorado (1965) 62 Cal.2d 338, 42 Cal.Rptr. 169, 398 P.2d 361; Escobedo v. Illinois (1964) 378 U.S. 478, 492, 84 S.Ct. 1758, 12 L.Ed.2d 977; People v. Stewart (1965) 62 Cal.2d 571, 43 Cal.Rptr. 201, 400 P.2d 97). He is entitled to consultation with counsel while in jail (People v. Boyden (1953) 116 Cal.App.2d 278, 253 P.2d 773; In re Qualls (1943) 58 Cal.App.2d 330, 136 P.2d 341). The right to counsel extends to coram nobis proceedings (People v. Shipman (1965) 62 Cal.2d 226, 42 Cal.Rptr. 1, 397 P.2d 993), and habeas corpus proceedings (In re Rose (1965) 62 Cal.2d 384, 42 Cal.Rptr. 236, 398 P.2d 428).
The right to counsel is also based upon the California Constitutional provisions, article I, section 8 (arraignment) and article I, section 13, clause 3, wherein it is stated a defendant shall have the right '* * * and to appear and defend, in person and with counsel. * * *' This, it is to be noted, is not in the disjunctive, but it has been construed to be.
Penal Code, section 4852.08 imposes the duty upon the public defender of appearing upon proceedings for rehabilitation and pardon. There is a duty to serve as counsel when ordered by a judge in any proceeding to determine if a person is a mentally disordered sex offender (Welf. & Inst.Code, ss 6314, 6305).
Where one is held upon a fugitive warrant, the one held has a right to demand and procure legal counsel (Pen.Code, s 1550.1) and correspondingly, the magistrate has the power to assign counsel, including an appropriate public defender. The public defender is available in coram nobis proceedings (Ingram v. Justice Court (1968) 69 Cal.2d 832, 843, 73 Cal.Rptr. 410, 447 P.2d 650). The foregoing are not necessarily a complete catalog of the public defender's statutory duties.
The petitioner, the Public Defender of Solano County is not justified in his assumption that Government Code, section 27706 and Penal Code, section 987a confine his power on the one hand, nor his duty on the other, to give advice and counsel only upon the request of a defendant about any charge against him upon which the public defender is conducting the defense. He is required to defend any indigent defendant upon order of the court, at all stages of the proceedings.
The legislative intent in the progressive expansion of the duties of the public defender (Stats.1947, p. 1175; Stats.1949, p. 2272; Stats.1952, 1st Ex.Sess., p. 388; Stats.1957, p. 2566; Stats.1961, p. 3507; Stats.1965, pp. 1122, 1434; Stats.1967, p. 1147) seems clear. The purpose is, to keep pace with the progressive requirements of due process of law, declared in the decisions of our Supreme Courts, in providing counsel for indigent defendants. The word 'defense' is clearly to be interpreted as embracing 'the Assistance of Counsel for his defence' as specified in the Sixth Amendment. That assistance clearly embraces more than control of the ease in formal proceedings. To assist in summoning witnesses, as the trial court indicated Mr. Camden should do under the assignment made, was entirely germane to the defense (Pen.Code, s 686; Cal.Const. art. I, s 13; Pen.Code, s 1326, subd. 3).
As was declared in White v. Towers (1951) 37 Cal.2d 727, 733, 235 P.2d 209, 213, "Duties of a public office include those lying squarely within its scope, those essential to the accomplishment of the main purpose for which the office was created, and those which, although only incidental and collateral, serve to promote the accomplishment of the principal purposes.' Nesbitt Fruit Products v. Wallace, D.C., 17 F.Supp. 141, 143.'
To defend a person on trial before a court, is, in our opinion, not equivalent to the provision to conduct the defense of such a person. While the first is necessarily included in the latter, the defense of a person may, as here, embrace much more (cf. State v. Hudson (1935) 55 R.I. 141, 179 A. 130, 100 A.L.R. 313, 317; Ingram v. Justice Court, supra, 69 Cal.2d 832, 843, 73 Cal.Rptr. 410, 447 P.2d 650).
If statutory authority is required beyond the inherent powers of the court, we turn to Code of Civil Procedure, section 128: 'Every Court shall have power: * * * 5. To control in the furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto; * * *.'
It is true a public defender is not per se a court attache . (Gov.Code, s 27703.) Yet, a public defender is such a 'ministerial officer,' and an attorney is a 'person specially vested with ministerial powers in relation to the courts of justice' (Code Civ.Proc., Part I, Titles IV and V headings and contents); and in either capacity was clearly embraced as one of 'all other persons in any manner connected with a judicial proceeding' before the court (Code Civ.Proc. s 128).
We refer also to Code of Civil Procedure section 187: 'When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.'
The assignment of counsel to assist the defendant, conducting his own defense, was thus both an appropriate and authorized procedure, in the circumstances of this case. The deputy public defender who had been ordered to assist in conduct of the case was a person connected with a judicial proceeding before the court. Upon relieving him as counsel in a pending case, the court had the power to require him, both as an officer of the court as an attorney, and in his official capacity, to continue to 'assist' the defendant, pursuant to the constitutional mandate. As an attorney, his consent to such a role had been manifested. As public defenders, neither Mr. Camden nor his superior, Mr. Ligda, had power to defy the valid order of the court. As between the public defender and his deputy, there can be validly no prejudice nor disciplinary reprisals for the role of Mr. Camden, caught in the middle in this controversy; nor will we presume its existence, hinted in the record.
While in particular instances the defendant has been represented in court at different stages of a prosecution by different attorneys from a public defender's office, the record revealing no prejudice to defendant (People v. Fuller (1961) 188 Cal.App.2d 466, 10 Cal.Rptr. 420; People v. Martinez (1956) 145 Cal.App.2d 361, 302 P.2d 643), it does not follow that a trial judge may not direct that one familiar with the cause continue with it in an advisory capacity to prevent the possibility of prejudice to the rights of a defendant (cf. Smith v. Superior Court (1968) 68 Cal.2d 547, 562, note, 68 Cal.Rptr. 1, 440 P.2d 65, discussing People v. Stroble (1951) 36 Cal.2d 615, 226 P.2d 330).
Before any assignments are made by the court to the public defender, it is clear he has the management and control of his deputies. While in large courts it has been an established practice for both the district attorney and the public defender to assign their deputies for service in a particular department or division, that may not be enforced by a court in advance of specific case assignments therein (Mowrer v. Superior Court (1969) 3 Cal.App.3d 223, 83 Cal.Rptr. 125).
As the case last cited indicates, courts must cooperate in coordinating calendar demands. In the instant case, the public defender's representatives came in for this trial. The conflict only arose by the public defender's failure to honor the court's order, by not covering Mr. Camden in the calendar of the Fairfield-Suisun Municipal Court on the trial date.
In representing his client, and particularly in respect to their attorney-client relationship, it has aptly been held that the public defender has all the powers and privileges for his client that would exist in respect to any private employment of counsel (Smith v. Superior Court (1968) 68 Cal.2d 547, 562, 68 Cal.Rptr. 1, 440 P.2d 65; Ingram v. Justice Court (1968) 69 Cal.2d 832, 841, 73 Cal.Rptr. 410, 447 P.2d 650).
But the public defender as a ministerial officer of the court does not have the power to decline an assignment to defend or any function thereof, as if he were a private attorney. He is employed by the people to render such services.
Tremendous burdens are imposed on the courts, district attorneys and public defenders by the criminal jurisprudence of the day. Throughout the state, it is common knowledge that the defense of the greater portion of all criminal offenses falls upon the public defender. In 1967—68, there were 296 criminal filings in the Superior Court of Solano County, with 153 disposed of before trial, and 60 after contested criminal trials. Juries were sworn in 53 of these trials. There were 160 habeas corpus proceedings, with 25 disposed of after a contested hearing. There were 47 criminal cases awaiting trial in the superior court on June 30, 1968. Two municipal court districts are served, Fairfield-Suisun and Vallejo. In 1967—68, there were 36 felony uncontested preliminary hearings in the former, and 127 in the Vallejo court; with 16 contested in that municipal court. Those courts disposed of 91 nontraffic misdemeanors in such period.2 In addition, there are active justice courts in Benicia, Dixon, Rio Vista and Vacaville.
When a public defender reels under a staggering workload, he need not animate the competitive instinct of a trial judge by resistance to or defiance of his assignment orders to the public defender. (The judge in this case acted with full dignity and restraint.) The public defender should proceed to place the situation before the judge, who upon a satisfactory showing can relieve him, and order the employment of private counsel (Pen.Code, s 987a) at public expense. Such relief, of necessity, involves the constitutional injunction to afford a speedy trial to a defendant. Boards of Supervisors face the choice of either funding the costs of assignment of private counsel and often, increasing the costs of feeding, housing and controlling a prisoner during postponement of trials; or of making provision of funds, facilities and personnel for a public defender's office adequate for the demands placed upon it.
The public defender asserts he is a county officer, under control of the board of supervisors, not the court. The former could not diminish his established official duties nor have they; and the latter premise to the extent we have indicated is nonentitative.
The alternative writ of prohibition is discharged, and the peremptory writ is denied. The petition for habeas corpus in 1 Crim. No. 8563 already has been denied.
1. The official population of Solano County is 134,597 (Gov.Code, s 28020) of whom over half reside in the City of Vallejo, over 20 miles away.
2. Data is as shown in the 1969 Report of the Judicial Council of California, Annual Report of the Administrative Office of the California Courts, covering the period July 1, 1967 through June 30, 1968.
DAVID, Associate Justice Pro Tem.* FN* Retired Superior Court Judge sitting under assignment by the Chairman of the Judicial Council.
SHOEMAKER, P.J., and TAYLOR, J., concur.


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What Trump's New Trade Deal Actually Does
Some answers on the new deal.
Paul Wiseman
President Donald Trump speaks during an event at the White House to sign a new North American trade agreement with Canada and Mexico, Wednesday, Jan. 29, 2020, in Washington. The President is joined by Vice President Mike Pence, left, and U.S. Trade Representative Robert Lighthizer, right, and others.
AP Photo/Alex Brandon
WASHINGTON (AP) — When President Donald Trump signed a revamped trade agreement with Mexico and Canada into law Wednesday, he kept a campaign pledge to improve upon a deal that he had long condemned.
His U.S.-Mexico-Canada Agreement replaces a 26-year-old version that he and other critics said was a job-killing disaster for the United States. The president's overhaul is designed to update the pact to reflect the rise of e-commerce and other technological changes and to do more to encourage factories to move production to the United States or keep it there.
But the USMCA doesn't represent a revolutionary change in regional trade or assure that many Americans stand to receive financial gains. What it does, more than anything, is restore certainty to $1.4 trillion-a-year in North American commerce. And in that way, it could provide some economic benefit.
Here are some questions and answers about the new deal:
The pact is Trump's replacement for the North American Free Trade Agreement, which took effect in 1994. NAFTA slashed tariffs and erased most trade barriers within the continent. In doing so, NAFTA unleashed a burst of trade among the United States, Canada and Mexico.
In the wake of NAFTA, American farmers, in particular, enjoyed increased access to their neighbors' large markets. But NAFTA also encouraged U.S. manufacturers to move factories south of the border to capitalize on cheaper Mexican labor.
Supporters of the deal said it created a powerful regional bloc — a competitive counter to Europe and East Asia — with each NAFTA country able to take advantage of its strengths: In Mexico, low-cost manufacturing. In the United States and Canada, high-skilled labor and proximity to cutting-edge research.
Trump demanded a revamped deal that reduced incentives for companies to move to Mexico. And he threatened to abandon NAFTA entirely if he couldn't get what he wanted. Negotiations on a replacement began in August 2017. The three countries signed USMCA in late 2018. After delays and intense negotiations between the administration and congressional Democrats, the House ratified the deal in December and the Senate this month, both with bipartisan support.
Trade Changes
Trump's version mostly continues to allow the free flow of trade across North American borders of the three countries. But it updates the pact to reflect the rise of e-commerce and other aspects of the digital economy that didn't exist when NAFTA was negotiated.
For instance, USMCA prohibits tariffs on digital products. It lets companies transfer data across borders without encountering discriminatory barriers. And it bars countries from requiring firms to store data within their borders, thereby allowing companies to do so wherever it makes the most business sense.
The deal also gives U.S. farmers more access to the Canadian dairy market. It forces the Canadian province of British Columbia to drop measures that prevented American wines from being sold on grocery shelves along with local vintages.
Protects U.S. Jobs
Yes. To qualify for USMCA's duty-free benefits, 75% of a car and its parts must come from within North America, up from 62.5% under NAFTA. That means more content would have to be homegrown in higher-wage North America, not imported more cheaply from China and elsewhere.
At least 40% of vehicles would also have to originate in places where workers earn at least $16 an hour. That would benefit the United States or Canada — not Mexico, where auto assembly workers are paid a fraction of that amount. For car buyers, that wage requirement is likely to increase the cost of vehicles built in North America.
Under USMCA, Mexico is required to formally authorize workers to form independent unions. Mexican unions had traditionally been co-opted by employers and the government and had done little for workers. Laborers have been fired, for example, for trying to bargain on their own for better pay and working conditions. That's one reason why Mexican wages remained so low — and attractive to U.S. manufacturers that wanted to cut costs.
Democrat Changes
Democrats complained that the deal that Trump's team originally negotiated with Canada and Mexico shared a defect with the treaty it was supposed to improve upon: It would be hard to enforce. In talks with Trump's top trade official, Robert Lighthizer, the Democrats managed to strike language that would have allowed countries or companies to avoid sanctions simply by refusing to take part in dispute-settlement panels.
They also insisted on closing loopholes that would have made it hard to enforce provisions that protect workers from intimidation and violence. They also managed to establish a committee that will monitor Mexico's labor reforms.
The Democrats also won a significant concession from the administration on drug prices. Gone is what Democrats considered a giveaway to the pharmaceutical industry: A provision that offered expensive biologic drugs — which are made from living cells — 10 years of protection from cheaper knockoff competition.
U.S. Economic Impact
Probably not much. Trade is a relatively small part of the U.S. economy. And trade with Mexico and Canada is smaller still. In an analysis done last year, the independent International Trade Commission calculated that USMCA would add 0.35% or $68 billion, to economic growth and generate 176,000 jobs over six years — mere blips in a $22 trillion economy with 152 million nonfarm jobs.
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redpajama_set_name: RedPajamaCommonCrawl


I had the pleasure to meet Darlis and have her work with my son with Autism. She is kind, professional, and patient. I think Darlis will be a perfect fit for my son. I would highly recommend Darlis to any family.
"Patient and knowlegeable Licensed K-6 and Spec. ed teacher"
Good work with both Algebra and Geometry. Physics too apparently. I appreciated his patience and his overall work ethic. Sweet guy, kinda shy at first. But he's definitely someone I'd like to work with again!


Top tier accuracy gives confidence at longer distances. Not every kind of hunting and every kind of hunter demands or needs the kind of accuracy and performance offered by this rifle. But if you do, the entire package is configured to provide a top level hunting experience when you know there is a chance you will need to reach out beyond 200 or even 300 yards -- distances very common in western big game and varmint hunting. And make no mistake, this rifle, when fitted with good optics and partnered with the right ammo and the right shooter, can reach way beyond this. It is a 1000 yard capable rifle. And as far as we, the hunters, are concerned, that kind of distance may not be relevant for most hunting, but it does give us total confidence at hunting ranges where we still have bullet and load effectiveness on game animals..
The list of features below includes many of the proven X-Bolt features plus the extras that make this rifle so special. As a Limited availability rifle, it has a limited production run and the potential for any future runs is uncertain. So, if you like what you see, check this rifle out.


text:
De Onderneming is een in 1888 gebouwde windmolen in Schaijk (gemeente Maashorst). De beltmolen is tot 1947 als korenmolen in bedrijf geweest; in de daaropvolgende jaren werd het gaande werk uit de molen verwijderd om plaats te maken voor silo's. Op 19 november 1971 brandde de Onderneming geheel uit, waarna de molen opnieuw als silo werd ingericht.

Begin jaren 90 van de 20e eeuw werd de molen uitwendig voor het zicht compleet gemaakt met gebruikmaking van oude, afgekeurde onderdelen, maar is niet draaivaardig gerestaureerd. De Onderneming is als woning ingericht en is niet te bezoeken.

Thans verkeert de molen in een zeer slechte staat van onderhoud.

Beltmolen
Molen in Maashorst
Niet-draaivaardige molen
Voormalige korenmolen

redpajama_set_name: RedPajamaWikipedia


New Year's Eve is just a few days away! If you could use fresh holiday makeup ideas, keep reading: We tapped Makeup artist Adhari Edwards from Gloss and Shadow to do a glamorous and fun New Year's Eve makeup tutorial.
The holidays are a perfect time to try something fresh and new with your makeup. Make the perfect holiday statement with this glam makeup tutorial from Melanie Mills.


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Moses Scott Riley
Home / Family Plots / Moses Scott Riley
Family Plots, Markers, Obituaries, Remberance, Veteran Remembrance
EX-JUSTICE RILEY DEAD AT HIS HOME
Citizen Who Occupied Prominent Attention in Public Life Ends Mortal Career.
The Daily Telegram., February 23, 1915
Moses Scott Riley died at 1:30 o'clock Tuesday afternoon at his home at Arbutus Park, east of the city, after an illness of one year of infirmities.
Mr. Riley is survived by his widow, eight daughters and three sons. The daughters are Gwilla, Martha, Mrs. Jule Henry, Mrs. Robery Shackleford, Mrs. Oscar Moore and Mrs. A. J. Neptune, all of Clarksburg; Mrs. Frank Axenroth of Philadelphia; and Mrs. Adolph Axenroth, of New York. The sons are Scott, John and Harry, all of Clarksburg.
Justice Riley was born March 10, 1835, in Harrison County, OH., of Scotch-Irish Virginia parents. He spent his boyhood and early manhood at Wheeling. He in enlisted in Captain Carlin's Famous Wheeling Battery of Union Army in the Civil War in 1862, serving the greater part of his term of enlistment as chief of piece No. 2 gun detachment and being mustered out at Wheeling in June, 1865.
In the fall of that year he moved to Clarksburg, residing here since. He served one year as sergeant and collector of the city, one year as a member of the city council and two successive years as mayor.
The Republican party selected him as a district elector on the Blane and Logan ticket. The subject of this sketch also served several terms as a justice of the peace of Clark district.
By trade, Justice Riley was a stogie maker. When he first came to Clarksburg he went into business for himself but later associated with the Ruhl and Koblegard Company as a travelling salesman, retiring from that position a number of years ago.
As a member of Custer Post No. 8 of the Grand Army of the Republic, Justice Riley was prominent in all of its activities. As a member of the First Methodist Episcopal Church he was a leader. He was a man of extraordinary intellect, possessed an attractive personality and enjoyed the distinction of a man of foremost thought in his circles.
Funeral arrangements have not been made.
RILEY FUNERAL
The Daily Telegram., February 24, 1915 Pg 3
Services Will Be Held at the First Methodist Episcopal Church
Funeral services over the body of Moses Scott Riley, who died at his home at Arbutus Park at 1:30 o'clock Tuesday afternoon after a year's illness, will be held at 2:30 o'clock Wednesday afternoon at the First Methodist Episcopal Church and the Rev. G. D. Smith, assisted by the Rev. M. R. Musgrave, will conduct the services. The burial will be in the Odd Fellows' cemetery.
RILEY FUNERAL.
Many friends attended the funeral of M. Scott Riley in the First Methodist church Thursday afternoon. The Rev. G. D. Smith officiated. The Odd Fellows had charge of the obsequies and burial was at the Odd Fellows cemetery.


Mopar To The Max | Barrie Chrysler Dodge Jeep Ram Ltd.
"Max Wedge" is the name that put Dodge and Plymouth on the performance map in 1962 and forever.
It's the name Mopar® enthusiasts gave Chrysler's Maximum Performance engine packages for the company's 1962-1964 factory-built drag racing cars. These machines were the catalysts that made "Mopar" the name for Chrysler performance. Dodge and Plymouth versions of the engines were introduced at the Chicago Auto Show in February 1962.
They were part of a "maximum performance" package for any model in the two car lines except station wagons. The packages were identical, except for their names. Dodge called its version the "Ram-Charger," while Plymouth used the name "Super Stock."
Tom Hoover, of Ramchargers and (later) HEMI® engine fame, led the development of the packages, endowing them with brand new "short ram" intake manifolds with staggered 4-barrel carburetors, forged pistons, heavy-duty crankshaft, a new cylinder head with larger valves and dual valve springs, a special camshaft, and "streamlined" cast-iron exhaust headers. A new adjustable cast-iron rocker arm design was used in place of the non-adjustable stamped steel rockers on all other big-block 413s. Tubular pushrods were used in place of the standard solid steel version. The list is long because virtually every part was modified on these engines-even the tri-metal engine bearings, with slightly wider clearances.
Two versions of the new Max Wedge 413 were available-one with an 11 to 1 compression ratio developing 410 hp, and another with a 13.5:1 ratio rated at 420 hp.
The complete maximum performance vehicle package included either a heavy-duty version of the T-85 3-speed manual or the A-727 automatic transmission. Also included was a 3-inch diameter exhaust system leading to "lakes" pipes that could be opened for racing. When the pipes were capped the exhaust exited through two large Chrysler mufflers to dual 2-inch exhaust pipes.
The strategy worked, as the 1962 Max Wedges blew away the Chevy 409s and Ford 406s during the months following the Max Wedge introduction, moving Dodge and Plymouth from "also-rans" to the leaders of the pack on the drag strip. Tom Grove, a top Chevy 409 racer in California, said he was lured to the Mopar fold by Melrose Chrysler-Plymouth owner Charlie DiBari.
Grove immediately went out and broke all his Chevy strip records in an out-of-the-box Plymouth 413.† He also went 165.44 mph at the Bonneville Salt Flats. Grove's Plymouths competed under the name Melrose Missile through the race HEMI era. Other racers took their cars to track records all over America, winning hundreds of trophies in the process. The transformation of Dodge and Plymouth brand's reputations in the market was total, making them the cars to beat on the drag strip.
A "light-weight" package was also released in 1963 to make the Max Wedges even more dominant. Available only on the 13.5:1 package, it included aluminum right and left front fenders, hood with air scoop, light-weight front bumper and supports, aluminum front bumper dust shields and black front and rear floor carpets without jute backing. Also, the battery was moved to the right side of the trunk. In the trunk were "special carburetor air horn, hood sealing gasket and flame arrestor" for customer or dealer installations.
The next and final Max Wedge changes were put in place for the 1964 model year when the 426-III engine was launched. It was pictured in photos with a complicated cast-iron exhaust system in which equal 21-inch branches came together in a series of "Y-shapes" that gathered each bank of four pipes into two and then into one via a steel tube manifold attached to the cast-iron piece.
These "Tri-Y" manifolds were created mainly for NASCAR because steel tube headers weren't legal at that time, unlike NHRA and AHRA for drag racing. Cylinder heads were also strengthened and improved. Other changes included stronger connecting rods, a new crankshaft and a larger capacity oil pan.
The big news for the 426-III package was a new Chrysler heavy-duty, 4-speed transmission. A Hurst gearshift was optional for this gearbox. The light-weight package was carried over with the addition of an aluminum radiator air shield, stone deflector and hood lock supports. Every pound was counted as Chrysler left no stone unturned in the search for weight reduction.
The 426-III packages lasted only part-way through the 1964 model year-until the introduction of the 426 "Hemispherical Head" engine in the first months of the calendar year. However, these packages are still on the drag strips today, winning sportsman-class races year after year in tribute to the superiority of Chrysler engineering.
Parts for these desirable engines are still available from Mopar today. For example, two cylinder heads for the 1962-64 Max Wedge are available in the Mopar Performance catalogue: part no. P5007494 with 2.08" intake, 1.88" exhaust (the original dimensions); and P5249824 with 2.14" intake, 1.81" exhaust (the exhaust valve was made smaller to make room for the bigger intake).
*The above information is the Darrel Davis Super Stock Package guides covering the Max Wedge and HEMI® engine package cars. For copies, contact Davis at ddavis8839@aol.com. They are also available at the Walter P. Chrysler Museum, //www.wpchryslermuseum.org.
†Grove's comments are in a multi-page Plymouth advertising insert in a 1963 Super Stock Magazine. See //maxwedge.com/extras/63ssply.php. See also //maxwedge.com/, an excellent source of information on the Max Wedge series.
‡Willem L. Weertman, Chrysler Engines 1922-1998" SAE International 2007. Weertman retired from Chrysler as Chief Engineer, Engine Design. He led the design of the 426 HEMI engine, among others.
See also: Hot Rod Magazine, May 1962, page 26 for a very detailed description of the new 413 Max Wedge (though they called it the "H-D" 413).


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Whether you want something sophisticated and dramatic or simply delicious, there's something to suit every hairstyle and taste. Make a flamboyant impression with a big, beautiful hair comb studded with fresh water pearls and delicate silvery glass bugle beads, Swarovski crystal and the finest rhinestones.
Please note: If we have run out of stock of this item then it can take up to 12 weeks for delivery. If you are short of time please call or email us to see how we can help you.
As this product is made to order it is non refundable and non exchangeable.


The Sirdar Company has been producing yarn for over 130 years. At first, the firm made these yarns mainly for industrial production. Eventually, they, like many other firms, realised that there was a market for the yarn from people who knitted at home.
In 1934, they began to market their yarns to home knitters. It was at this stage that they started to produce patterns as well. By the 1960s, they began to be featured in women's magazines. For Sirdar, this was a turning point; their following became strong enough to allow them to focus exclusively on home knitters.
Today, Sirdar is still a very popular brand. Their patterns and wools are a good mix of modern and traditional, so they appeal to every kind of knitter.
The designers at Sirdar are constantly coming up with new wools, and many of their patterns are specifically designed for use with these new materials. They produce interesting textures and patterns, making it easy to produce modern clothing and soft furnishings, as well as items that are more traditional.
Sirdar knitting patterns are particularly good for beginners. Their instructions are exceptionally easy to follow; making it is easy for a knitter to progress from being a novice to an accomplished knitter. It is easy for a hobby knitter to make toys, blankets, scarves, gloves, cardigans, dresses and many other garments. Using Sirdar knitting patterns, home crafters can easily make beautiful gifts for friends and family.
Someone who loves knitting will always enjoy Sirdar knitting patterns. The collection of patterns really does offer something for everyone, which is why we keep plenty in stock at Black Sheep Wools. Sirdar also regularly produces new patterns, so it is always worth your while visiting our Sirdar pattern page when you are ready to start a new project. You will always find something to inspire you.


Although MyDraw comes well equipped with hundreds of ready to use shapes, if none of them fits your needs, you can as well easily draw your own.
Drawing a shape in MyDraw is done via using the Tools section of the Home tab in the ribbon.
Open MyDraw and choose a Blank Drawing.
Choose a tool to start drawing the shape you'd like to create. For the purpose of this example we will design an olive tree branch. First we need to build the main twig of the branch – to do so we are using the Arc Tool.
Start with drawing a long curved line.
Hover the mouse over the end control point of the first line, until it shows you a tooltip "Extend geometry" and draw a second one almost up to the end of the first line.
Extend the geometry one more time and close it. Once the geometry is closed, MyDraw automatically fills it up.
To edit this shape and make it look like a twig – select the Pointer tool and then select the Edit Geometry tool. This allows you to modify each control point separately. Continue editing each control points until you achieve the desired look.
Ones the main twig of the branch is ready, it's time to build the leafs' petioles. To do this we use the Cubic Bezier Tool.
To make a nice 2D petiole start drawing from the twig-out.
Then from the end of the first line, extend the geometry via drawing a second line very near the beginning of the first one.
Use the Line tool to close the geometry and form a 2D shape.
In the end modify the control points of the newly created shape via using the Edit Geometry tool.
Copy and paste this shape as many times as necessary to match the number of petioles you want the branch to has.
Position and modify the petioles via using the functions from the Action tab in the ribbon (for rotating and reflecting) and the Edit Geometry tool to modify them.
To finish the skeleton of the branch - draw the stalks of the fruits in the same manner as the petioles.
To create a leaf draw a line using the Cubic Bezier Tool.
From the end control point of the first line draw a second one with the same length and opposite direction to close the geometry.
To reveal the 2D nature of the shape, modify the control point via using the Edit Geometry tool until you achieve the desired shape.
Use Copy-Paste to multiple the leaf shape and position each one to match a separate petiole.
To arrange the display order of the leafs – select a leaf, go to the Arrange tab in the ribbon, and press "Send to Back".
Use the Arc tool we draw a line.
Extend the shape via drawing a second line and close the shape.
Modify the control points to create an oval.
Once you have the finial structure of your desire shape the only thing left to do is add some style formatting in order to make it look more realistic.
Start again with the skeleton of the branch (the twig, petioles, and stalks) – select them and go to the "Geometry fill" located in the Geometry formatting section in the ribbon. Select it and press "More Options".
From the drop-down menu select the type of color filling you'd like to apply. In our case we choose the Hatch fill.
Choose the desired colors and styling you'd like to apply and then press the "OK" button.
Once the filling color is applied you should also change the stroke color – in the Geometry formatting section press the "Geometry stroke" and either thick "None" to remove the stoke or choose the color you'd like the shape's stroke to be. Press "OK".
Repeat for every geometry you'd like to format.


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ACCEPTED

#### According to
Index Fungorum

#### Published in
Archos Inst. biol. , S Paulo 12: 242 (1941)

#### Original name
Meliola polytricha var. flexuosiseta Speg.

### Remarks
null

redpajama_set_name: RedPajamaGithub


Tory Burch's AW18 offering exuded delicate femininity; soft layering, fluid silhouettes and whimsical floral patterns laced the whole collection. This piece is a perfect example. With a multicoloured vertical stripes design, this pleated midi skirt from Tory Burch features an elasticated waistband, perfect for everyday wear.


Introducing Value-Based Specialty Networks (VBSN).
Find out how our VBSN model can improve your performance.
Archway is developing local networks of high-quality, high-volume specialists focused on improving outcomes and the patient experience for your employees, while proactively managing costs of care. We do this by aggregating their bundled returns in commercial insurance, health insurance and Medicare Advantage markets. These Value-Based Specialty Networks (VBSNs) offer considerable advantages to self-insured employers, health plans, ACOs or anyone that is responsible for the healthcare of a population.
Better communication, collaboration and accountability among patients, purchasers and specialty providers.
We can build a plan that fits you perfectly.


This video series is everything you need to go from knowing nothing about ASP.NET MVC to building complete, secure, fully-functional web applications. We cover how to write our views, routes, and controllers as well how to access data using nHibernate. In addition, we cover topics that are notable absent from most ASP.NET MVC training - such as, versioning our database, deploying to production and handling errors securely.
In the introduction to this series, we discuss how ASP.net MVC fits into web development. We will also introduce GIT, and show how to use it with ASP.net MVC projects.
This section introduces the basics of ASP.net MVC - such as views, routes, controllers, areas and how to pass data between the different layers of our application.
This section introduces how we will interact with a database in ASP.net MVC. Not only do we build the database access layer using nHibernate, we use ASP.net MVC to build our forms that are displayed on the admin. On top of all of that we show a viable solution to versioning our database in our source control system!
This series goes over building our frontend for our blog.
This section goes over deploying to a Windows Server. We show how to install and configure Web Deploy - in addition to covering how to security handle errors that happen in production.


text:
Royals capitalize on Volquez's efficient outing
By Jane Lee and Michael Wagaman
OAKLAND -- Royals designated hitter Kendrys Morales collected three hits and notched his 500th career RBI, and first baseman Eric Hosmer chipped in with a ninth-inning home run to help the Royals secure a 4-2 series-opening victory over the A's at the Coliseum on Friday.It was a two-run first inning
OAKLAND -- Royals designated hitter Kendrys Morales collected three hits and notched his 500th career RBI, and first baseman Eric Hosmer chipped in with a ninth-inning home run to help the Royals secure a 4-2 series-opening victory over the A's at the Coliseum on Friday.
It was a two-run first inning against A's starter Rich Hill that jump-started the Royals, who got six innings of two-run ball from Edinson Volquez. The right-hander worked around a season-high four walks and allowed just four hits in that span, one of them a solo home run to Stephen Vogt in the second -- the first of the season for Oakland's catcher, who finished with three hits.
Hill gave the A's only 4 1/3 innings, yielding three runs on nine hits and three walks with six strikeouts. Royals outfielder Lorenzo Cain collected one of two hits in the first off Hill with a run-scoring single, and Hosmer's ensuing double-play ball brought in another run. Kansas City improved to 8-2 on the season, while the A's, who have lost four straight, fell to 4-7.
"We realize this is going to be a tough road trip for us, coming to Houston and coming here," Hosmer said. "Coming off last year, a lot of teams are going to be coming for us and we're just trying to match the energy. We've done a great job of that."
Escobar walk kick-starts Royals: Kansas City shortstop Alcides Escobar isn't exactly the most patient leadoff hitter in the big leagues, which is why his game-opening walk was so critical. It's the first walk this season for Escobar and he came around to score on Lorenzo Cain's single as part of a two-run inning. More >
Two too many free passes: Including Escobar, two of the three hitters who drew walks against Hill came around to score, magnifying the left-hander's control issues. Hill needed 106 pitches to record 13 outs before the A's were forced to turn to a bullpen that entered the day with an American League-leading 36 innings pitched. It's the second time in three starts in which Hill -- signed by the A's to a one-year, $6 million deal this winter -- has not been able to complete five innings.
"The two walks in the first were something that came back to bite me," Hill said. "When we have to go to the bullpen in fifth inning, I just didn't do my job tonight." More >
Volquez closes strong: Volquez settled into a nice groove after giving up Khris Davis' RBI single in the fourth that trimmed the Royals' lead to one run. The Kansas City right-hander retired eight of the final nine batters he faced before turning things over to the bullpen. The only A's batter to reach during that stretch came by a walk, but it didn't hurt. In fact, none of the four walks allowed by Volquez scored and only one advanced to second base. It's just the second time in 16 starts dating back to last season that Volquez has issued more than three walks.
"The game plan was for me to get more ground balls," said Volquez, who struck out two after fanning 10 in his previous start against Minnesota on April 10. "I get in trouble when I strike out people so I went to more contact and stayed longer in the game. That was the idea but I walked four guys."
Damage control: Credit the A's bullpen with keeping the club within striking distance. Hill left two baserunners for right-hander Fernando Rodriguez, who walked catcher Salvador Perez before inducing an inning-ending double-play ball off the bat of Christian Colon. Rodriguez was in need of his own assist in the sixth after putting runners on first and second with two outs, and he got it from lefty Marc Rzepczynski, who fanned Hosmer. A's relievers have inherited the most runners in the Majors without allowing one to score, with 20.
"That was an unbelievable piece of hitting by Hosmer. Doolittle made a great pitch up and in, fastball. No one hits that ball out to center here at night, especially on a pitch like that." -- Vogt
SOUND SMART WITH YOUR FRIENDS
Oakland right-hander Ryan Dull, who worked 1 1/3 innings with two strikeouts, is the first A's pitcher since at least 1913 to begin the season with seven consecutive hitless outings.
Royals: Kansas City right-hander Chris Young will start Saturday's game in Oakland, scheduled for 3:05 p.m. CT. He is still seeking his first win of the season. Young hasn't made it past the fifth inning in either of his previous two starts and was tagged for six earned runs over 4 2/3 innings in his most recent outing against Houston.
Athletics: The A's will have ace Sonny Gray on the mound Saturday for the middle matchup of this three-game set against the Royals, with first pitch scheduled for 1:05 p.m. PT at the Coliseum. Gray has a 2.70 ERA in his first two starts, most recently totaling 6 1/3 innings with three runs allowed against the Angels on Monday.
MIchael Wagaman is a contributor to MLB.com.


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Trend Article
On the Intersection of Science and Religion
The relationship between science and religion is often viewed in a Western context and through a Christian perspective. We turned to Muslims, Hindus, and Buddhists for a different view
February 9, 2021 By: Courtney Johnson, Cary Lynne Thigpen & Cary Funk Read time:
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Over the centuries, the relationship between science and religion has ranged from conflict and hostility to harmony and collaboration, while various thinkers have argued that the two concepts are inherently at odds and entirely separate.
Pew Research Center surveys have documented those trends over more than a decade in the United States. We found that 56% of Americans say there generally is conflict between science and religion but that this sense of tension is more common among the religiously unaffiliated— those who describe their religion as atheist, agnostic, or "nothing in particular." The survey showed that just 16% of Christians in the U.S. say their religious beliefs "often" conflict with science; another 3 in 10 say such conflict sometimes occurs.
We've also examined views on a range of issues in which science and religion might be flashpoints. On evolution, for example, we found that a majority of Catholics believe humans evolved over time, as do a similar number of White mainline Protestants, but far fewer Black Protestants and White evangelicals hold this view.
Our research and much like it from other sources has taken place in a Western context, primarily through a Christian lens. More recently, we sought to better understand the ways in which science relates to religion around the world and engaged a small group of Muslims, Hindus, and Buddhists in Southeast Asia to talk about their perspectives.
The discussions reinforced the conclusion that there is no single, universally held view of the relationship between science and religion among the three religious groups, but they also identified common patterns and themes within each one. For example, many Muslims expressed the view that Islam and science are basically compatible, though they acknowledged some areas of friction, such as the theory of evolution conflicting with religious beliefs about the origins and development of human life on Earth.
Hindu interviewees generally took a different tack, describing science and religion as overlapping spheres. Many Hindus maintained that their religion contains elements of science, and that Hinduism long ago identified concepts that were later illuminated by science. Buddhist interviewees generally described religion and science as two separate and unrelated spheres. Several talked about their religion as offering guidance on how to live a moral life while describing science as observable phenomena. Often, they could not name any areas of scientific research that concerned them for religious reasons.
Some members of all three religious groups, however, did express religious concerns when asked to consider specific kinds of biotechnology research, such as gene editing to change a baby's genetic characteristics and efforts to clone animals. For example, Muslim interviewees said cloning would tamper with the power of God, and some Hindus and Buddhists voiced concern that these scientific developments might interfere with karma or reincarnation.
These are some of the key findings from a qualitative analysis of 72 individual interviews with Muslims, Hindus, and Buddhists conducted in Malaysia and Singapore—two nations that have made sizable investments in scientific research and development in recent years and are home to religiously diverse populations—between June 17 and Aug. 8, 2019. The study included 24 people in each of the three religious groups, with an equal number in each country. All interviewees said their religion was "very" or "somewhat" important to their lives, but they otherwise varied in terms of age, gender, profession, and education level.
These interviews are not representative of religious groups either in their country or globally, but they do provide insight into how individuals describe their beliefs, in their own words, and the connections they see (or don't see) with science. We coded the responses into themes to avoid putting too much weight on any single individual's comments.
Muslims frequently described science and their religion as related rather than separate concepts and often said the Quran contains many elements of science. One 24-year-old Muslim man in Malaysia said both science and his religion explain the same things, just from different perspectives: "I think there is not any conflict between them. … I still believe that it happens because of God, just that the science will help to explain the details about why it is happening."
Still others described the relationship as conflicted. "I feel like sometimes, or most of the time, they are against each other. … Science is about experimenting, researching, finding new things, or exploring different possibilities. But then, religion is very fixed, to me," said a 20-year-old Muslim woman in Singapore.
When asked, many of the Muslims who were interviewed identified specific areas of scientific research that bothered them on religious grounds. Multiple interviewees mentioned research that uses non-halal substances (such as marijuana, alcohol, or pigs), some pregnancy technologies that they considered unnatural (such as procedures that use genetic material not taken from a husband and wife), or cloning.
Representative surveys of Muslims in countries around the world also have found variation in the share of Muslims who see any conflict between science and religion, although this share is less than half in most countries surveyed.
A Pew Research Center survey conducted in 2011 and 2012 that examined the views of Muslims found that, in most regions, half or more said there was no conflict between religion and science, including 54% in Malaysia. (Muslims in Singapore were not surveyed.)
The predominant view among Hindus who were interviewed is that science and Hinduism are related and compatible. Many of them offered—without prompting—the assertion that their religion contains many ancient insights that have been upheld by modern science, such as the use of turmeric in cleansing solutions, or the use of copper in drinking mugs. They said that Hindus have known for thousands of years that these materials provide health benefits but that scientists have confirmed only relatively recently that it's because turmeric and copper have antimicrobial properties. "When you question certain rituals or rites in Hinduism, there's also a relatively scientific explanation to it," said a 29-year-old Hindu woman in Singapore.
Still, many Hindu interviewees said science and religion are separate realms. "Religion doesn't really govern science, and it shouldn't. Science should just be science," said a 42-year-old Hindu man in Singapore.
Asked what scientific research might raise concerns or should not be pursued for religious reasons, Hindu interviewees generally came up blank.
The sense that Hindus generally see little conflict with science aligns with survey findings. In three of the four countries in the 2018 Wellcome Global Monitor with large enough samples of Hindus for analysis, majorities said science had "never disagreed" with the teachings of their religion, including two-thirds of Hindus in India, which is home to the vast majority of the world's Hindus.
Members of all three religious groups, however, did express religious concerns when asked to consider specific kinds of biotechnology research, such as gene editing,
Buddhist interviewees described science and religion in distinctly different ways from Muslims or Hindus. For the most part, they said science and religion are unrelated. Some have long held that Buddhism and its practice are aligned with the empirically driven observations in the scientific method; connections between Buddhism and science have been bolstered by neuroscience research into the effects of Buddhist meditation at the core of the mindfulness movement.
One 39-year-old Buddhist woman in Malaysia said science is something that relates to "facts and figures," while religion helps her live a good and moral life. A 26-year-old Singaporean Buddhist woman explained: "Science to me is statistics, numbers, texts—something you can see, you can touch, you can hear. Religion is more of something you cannot see, you cannot touch, you cannot hear."
To many of the Buddhist interviewees, this means that science and religion cannot be in conflict and have a compatible relationship.
Even when prompted to think about potential areas of scientific research that could raise religious concerns, relatively few Buddhists mentioned any. Among those who did, a common response involved animal testing, with the interviewees talking about the importance of not killing living things in the practice of their religion. The tenor of these comments is consistent with survey findings from the 2018 Wellcome Global Monitor. Majorities of Buddhists in all 10 countries with large enough samples for analysis said science has "never disagreed" with the teachings of their religion.
In the interviews, we asked about a number of subjects that have sometimes been seen as in conflict for some people in other religions. These included evolution, reproductive technologies such as in vitro fertilization, gene editing, and cloning.
Evolution raised areas of disagreement for many Muslim interviewees, who often said it is incompatible with the Islamic tenet that humans were created by Allah.
"This is one of the conflicts between religion and Western theory. Based on Western theory, they said we came from monkeys. For me, if we evolved from monkeys, where could we get the stories of [the prophet] Nabi? Was Nabi Muhammad like a monkey in the past? For me, he was human. Allah had created perfect humans, not from monkey to human," said a 21-year-old Muslim man in Malaysia.
56% of Americans say there is a conflict between science and religion, but that this sense of tension is more common among the religiously unaffiliated.
This survey, conducted by the Pew Research Center, also found that just 16% of Christians in the U.S. say their religious beliefs "often" conflict with science.
Half or more of Muslims, in most regions, said there was no conflict between religion and science, according to a Pew Research Center survey conducted in 2011 and 2012. TWEET
86% of Buddhists and 80% of Hindus in the U.S. said humans and other living things have evolved over time, according to a 2014 Pew Research Center study. TWEET
A Pew Research Center survey of Muslims worldwide conducted in 2011 and 2012 found that a 22-public median of 53% said they believed humans and other living things evolved over time. However, levels of acceptance of evolution varied by region and country, with Muslims in South and Southeast Asian countries reporting lower levels of belief in evolution by this measure than Muslims in other regions. In Malaysia, for instance, 37% of Muslim adults said they believed humans and other living things evolved over time. Evolution posed no conflict for the Hindus interviewed, who said the concept of evolution was encompassed in their religious teachings. "In Hinduism we have something like this as well, that tells us we originated from different species, which is why we also believe in reincarnation, and how certain deities take different forms. This is why certain animals are seen as sacred animals, because it's one of the forms that this particular deity had taken," said a 29-year-old Hindu woman in Singapore.
The Buddhists interviewed also tended to say that there was no conflict between their religion and evolution and that they personally believed in the theory. Some added that they didn't think their religion addressed humans' origins at all.
There is limited global survey data on this issue. However, the Pew Research Center's 2014 Religious Landscape Study found that 86% of Buddhists and 80% of Hindus in the U.S. said humans and other living things have evolved over time, with majorities also saying this was due to natural processes.
In discussing scientific research using gene editing, cloning, and reproductive technologies such as in vitro fertilization, Muslim, Hindu, and Buddhist interviewees raised the idea that such practices may go against the natural order or interfere with nature. As one 64-year-old Buddhist man in Singapore put it: "If you have anything that interferes with the law of nature, you will have conflict. If you leave nature alone, you will have no conflict." Similarly, a 20-year-old Muslim woman in Singapore said "anything that disrupts or changes the natural state" goes against religious beliefs.
Interviewees were asked to talk about their awareness and views of three specific research areas in biotechnology: new technologies to help women get pregnant, gene editing for babies, and animal cloning. People had generally positive views of pregnancy technology such as in vitro fertilization, although Muslim interviewees pointed out potential objections depending on how these techniques are used. Views of gene editing and cloning were more wide-ranging, with no particular patterns associated with the religious affiliation of the interviewees.
Individuals from all three religions generally approved of pregnancy technology and in vitro fertilization.
Some Muslim interviewees emphasized that they would be OK with these technologies only if certain criteria were met—specifically, if the technologies were used by married couples, and with the couples' own genetic material.
Some Hindus and Buddhists noted that they were comfortable with pregnancy technologies themselves. "I feel it is fine. It's still trying to get the balance of being a believer of a religion versus overly superstitious or believing too much in that religion that you forgo the reality of life going on," said a 37-year-old Buddhist man in Singapore.
A common thread in these conversations pointed to the importance of nature and respect for living things.
Interviewees, regardless of their religion, said the idea of curing a baby of disease before birth or preventing a disease that a child could develop later in life would be a helpful, acceptable use of gene editing. But they often viewed gene editing for cosmetic reasons much more negatively.
Several interviewees brought up the idea of not agreeing with gene editing out of fear that people might want to Westernize their children. For example, some expressed the concern that gene editing would be used to create babies with blond hair and blue eyes.
Views of cloning were similarly conditional. Individuals from all three religions spoke of their disapproval of cloning for humans, with Muslims saying that cloning could interfere with the power of God, who should be the only one to create. But interviewees generally found animal cloning to be more acceptable. Many people interviewed envisioned useful outcomes for society from animal cloning, such as providing meat to feed more people, or helping to preserve nearly extinct animals.
When Hindus and Buddhists did express religious concerns pertaining to gene editing and cloning, it was because these scientific methods might interfere with karma or reincarnation. "Sometimes the person is born with sufferings, and it is because maybe previously he had been doing some evil things," said a 45-year-old Buddhist woman in Singapore.
Pew Research Center surveys in the U.S. find a strong relationship between levels of religious commitment and views on biotechnology developments, including gene editing. In a 2018 survey, majorities of U.S. Christians, including white evangelicals and other Protestants as well as Catholics, said that if the development of gene editing for babies entailed embryonic testing, it would be taking the technology too far. A common finding in Center surveys of Americans on emerging biotechnology issues such as gene editing for babies and animal genetic engineering is that public opinion depends on the use and effects of emergent technologies for society.
Conversations with Muslims, Hindus, and Buddhists enrich our understanding of the intersection of religion and science. Some Muslims saw evolutionary theory as being at odds with their beliefs about how Allah created human life, but Hindus and Buddhists saw no such tension with their religious beliefs. No area of scientific research was universally seen as off-limits, and most interviewees saw potential benefits from emerging developments in biotechnology such as gene editing and animal cloning. But a common thread in these conversations pointed to the importance of nature and respect for living things. People in all three religions raised concerns about scientific developments that could be seen as altering natural processes or used in ways that violate moral principles of their religion.
There is no single, universal perspective on the relationship between science and religion. Science is often embraced by Muslims, Hindus, and Buddhists, though some raise concerns over how scientific developments could be used.
Courtney Johnson is a research associate, Cary Lynne Thigpen is a research assistant, and Cary Funk directs science research at the Pew Research Center.
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Kilis, which lies just a few kilometres from the border with Syria, has been hit by fire from Katyusha-type rockets every day this week amid growing concern over its vulnerability.
By: AFP | Istanbul |
Kilis town in Turkey. (Source: Google Maps)
A Turkish town on the Syrian border was on Wednesday hit by new rocket fired from Syria, a day after two people were killed by shelling from a jihadist-controlled area, reports said.
The latest rocket fire caused no injuries with the projectiles falling in two separate open spaces in the centre of the town, the Dogan news agency said.
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Ron Jeffries was the on-site XP coach for the original Extreme Programming project, a large financial system for a major automotive manufacturer. An independent consultant who has been involved in eXtreme Programming for over more than four years, he has presented numerous talks and published several papers on the topic. Ron has been a systems developer for more years than most of you have been alive, and his teams have built operating systems, compilers, relational database systems, and a wide range of applications. He has not, as yet, run out of new ways to make mistakes (and resolve them). Ron has recently joined forces with Object Mentor, Inc., to help more people improve their software process.
These are some of the many benefits of Extreme Programming (XP), a software development approach especially geared for smaller teams facing vague or rapidly changing requirements. Despite the "extreme" in its name, XP actually reduces risks--the risk of putting out software that is faulty, out of date at its release, over budget, or not fully capable of performing the tasks for which it was intended. Initially considered radical, XP has proven itself successful and is entering the mainstream of software development. The greatest challenge now facing software development managers and engineers is how to implement this beneficial approach.
Extreme Programming Installed explains the core principles of Extreme Programming and details each step in the XP development cycle. This book conveys the essence of the XP approach--techniques for implementation, obstacles likely to be encountered, and experience-based advice for successful execution.
Defining requirements with user "stories"
The authors present the personal reflections of those who have been through the eXtreme Programming experience. Readers will benefit from first hand accounts of hard-won wisdom on topics such as the art of estimation, managing development infrastructure, solving problems without finger-pointing, the importance of simplicity, and how to introduce modern development tools into an environment where none existed.
2. The Circle of Life.
14. Test First, by Intention.
16. Do or Do Not.
18. Resources, Scope, Quality, Time.
Sidebar: Advanced Issue: Defect Databases.
Sidebar: Advanced Practice: Tests as Database.
25. How to Estimate Anything.
28. Balancing Hopes and Fears.
34. Everything That Could Possibly Break.
How much would you pay for a software development team that would do what you want? Wait, don't answer yet--what if they could also tell you how much it would cost, so that you could decide what to do and what to defer, on your way to your deadline? You also get quality software, a robust array of tests that support the project through its entire lifecycle, and an up-to-date, clear view of project status. Best of all, you get the ability to change your mind about what you want, at any time.
There aren't any silver bullets in software development, and there probably never will be. However, Extreme Programming is a simple set of common-sense practices that, when used together, really can give you much of what you just read in the paragraph above. In this book, we tell you what the XP practices are, and how to install them in your project.
We are software developers. We have been involved in many successful projects, and even in some that weren't so successful. The successful ones were a lot more fun, for us, and for our customers. The unsuccessful ones have taught us a great deal about software development.
We have had the privilege of working on a great project, with a great teacher, Kent Beck. We helped shape the software process named Extreme Programming, XP for short. Since then, we have been helping everyone who will listen to learn from our experience.
The first book in the Extreme Programming series, Extreme Programming Explained , covers the reasoning behind the XP process. Based on our experience on the original XP project (and others), this book describes what makes XP work, day to day and month to month.
Successful software development is a team effort--not just the development team but the larger team consisting of customers, management, and developers. Extreme Programming is a simple process that brings these people together and helps them to succeed together. XP is aimed primarily at object-oriented projects using teams of a dozen or fewer programmers in one location. We would use XP for both in-house development and development of shrink-wrapped software. The principles of XP apply to any moderately sized project that needs to deliver quality software rapidly and flexibly.
Customers--who have software that needs to be developed: you will learn simple, effective ways to communicate what you need, to be sure that you are getting what you need, and to steer the project to success. You will learn that you can change your mind and still get what you need on time.
Programmers--who, on an XP project, define the architecture, design the system, and write the tests and the code that support them: you will learn how to deliver business value quickly, how to deal with changing requirements, and how to build customer confidence and support. You will learn to build for tomorrow by building only what you need today.
Managers--who control the project resources: you will learn how to measure project progress, how to measure quality, and how to answer the all-important question, "When will you be done?" You will learn an important truth of management--to use the programmers' actual performance to predict completion.
Customers, programmers, and managers must all work together to build the system that's needed. Chapter 1, Extreme Programming, will describe the roles, rights, and responsibilities, and provide a road map for the book. Dig right in. We're sure that the XP practices can improve your projects, as they have ours.