text:
Supreme Court of Florida
ALEJANDRO GOMEZ,
Petitioner,
HARRY K. SINGLETARY, etc.,
ALEX DAVID GOODWIN,
STEVEN KIVETT,
JEFFREY LYNN HOCK,
GIOVANNI GALVIS,
Nos. 90,642, 90,654, 90,655,
90,759 & 90,829
[December 24, 1998]
OVERTON, J.
This case concerns the consolidated petitions for writ of habeas corpus filed by petitioners Alejandro Gomez, Alex David Goodwin, Steven Kivett, Jeffrey Lynn Hock, and Giovanni Galvis. We have jurisdiction pursuant to Article V, section 3(b)(9) of the Constitution of Florida. We find that United States Supreme Court decisions mandate that we grant the petitions. We must do so because the substitution of the Control Release Program by the State for the statutory overcrowding programs in effect at the time of the petitioners' offenses improperly curtailed the availability of future credits. Consequently, under Weaver v. Graham, 450 U.S. 24 (1981), as reaffirmed in Lynce v. Mathis, 519 U.S. 433 (1997), this action constituted a violation of the Ex Post Facto Clause of the United States Constitution. See U.S. Const. art I, � 10. We note that this case is clearly distinguishable from Meola v. Department of Corrections, Nos. 89,982, 90,148 & 90,241 (Fla. Dec. 24, 1998), and Thomas v. Singletary, Nos. 90,128 & 90,188 (Fla. Dec. 24, 1998), in which we are denying relief. 1
I. The Various Overcrowding Programs
Since the early 1970s, Florida has had a severe prison overcrowding problem which has resulted in the closing of Florida's prison system several times. See Costello v. Wainwright, 397 F. Supp. 20, 22 (M.D. Fla. 1975), aff'd 525 F.2d 1239 (5th Cir. 1976). In 1980, the Florida Department of Corrections (the Department) entered into a consent decree that provided for the capping of the prison population within certain limits. Id.
As explained below, over the years, the legislature enacted a maze of overcrowding gain time statutes with differing names and requirements. Pursuant to the consent decree in Costello, and as a part of the Correctional Reform Act of 1983, the legislature enacted the Emergency Gain Time statute. See � 944.598, Fla. Stat. (1983). The Emergency Gain Time statute was the first overcrowding gain time statute. According to its provisions, it became effective on June 16, 1983. However, under those provisions, the statute did not become operative until prison overcrowding surpassed 98% of lawful capacity (the triggering percentile threshold). Effective June 2, 1986, the triggering percentile threshold was increased to 99% capacity. See ch. 86-46, � 1, 3, at 166, 168, Laws of Fla.; � 944.598, Fla. Stat. (Supp. 1986).
The Emergency Gain Time statute was superseded by the enactment of the Administrative Gain Time statute. See � 944. 276, Fla. Stat. (1987). This statute went into effect on February 5, 1987. See ch. 87-2, � 1, 2, 3, at 3-4, Laws of Fla. While the Emergency Gain Time statute technically remained in effect, the Administrative Gain Time statute effectively superseded the Emergency Gain Time statute because the Administrative Gain Time had a triggering percentile threshold of 98%, which was lower than the 99% threshold of the Emergency Gain Time statute. The State never implemented the Emergency Gain Time statute, so no Emergency Gain Time was ever awarded. See Blankenship v. Dugger, 521 So. 2d 1097, 1098 (Fla. 1988). The Emergency Gain Time statute was repealed on June 17, 1993. See ch. 93-406, ��32, 44, at 2966, 2974, Laws of Fla. (reflected in the Table of Repealed and Transferred Sections (only) - Index at D-97, Fla. Stat. (1993)).
The Department of Corrections (hereafter the Department) made its first overcrowding awards under the Administrative Gain Time statute in February of 1987. It awarded a total of 720 days of Administrative Gain Time to individual prisoners between February of 1987 and June 30, 1988. Effective July 1, 1988, the Administrative Gain Time statute was repealed 2 and the Provisional Credits statute took its place, with a triggering percentile threshold of 97.5. See � 944.277, Fla. Stat. (Supp. 1988); ch. 88-122, � 5, at 535-37, 572, Laws of Fla.
The Provisional Credits statute was in effect from July 1, 1988, through June 16, 1993. During this time the Department awarded a total of 1860 days of Provisional Credits to individual prisoners between July 1988 and January 18, 1991. It is very significant that the award of credits under both Administrative Gain Time and Provisional Credits programs was administered pursuant to a computer program without an individual review of inmate records. It proved to be unpopular both with the public and with state officials because several notorious early releasees committed new violent crimes.
In an effort to provide a better, more tailored method of reducing prison overcrowding, the Control Release Program was enacted by the legislature, effective September 1, 1990, with a triggering percentage threshold of 97.5%. See � 947.146, Fla. Stat. (1989); ch. 89-526, �� 1, 2, 52, at 2659-61, 2690, Laws of Fla. At the same time that the Control Release program was created, the threshold for the Provisional Credits program was increased to 98%. Id. Although Control Release was similar to the Provisional Credits statute because it provided for the award of overcrowding allotments which advanced the inmate's release date, it was different in several respects. First, the Control Release program was administered by the Parole Commission, sitting as the Control Release Authority, rather than the Department. See � 947.146(1), Fla. Stat. (1989). Second, Control Release allotments were not awarded across-the-board to all eligible inmates based a computer program, as was done with the prior programs. Third, even if inmates were statutorily eligible for Control Release consideration, some inmates' release dates were not advanced as allotments were awarded, because they had been assigned a "non-advanceable" control release date. See � 947.146(2), Fla. Stat. (1989); Fla. Admin. Code R. 23-22.006-22.008. The Commission assigned "non-advanceable" control release dates to inmates it considered to be bad release risks to the community, taking into consideration such things as the prior number and type of convictions and prior behavior on supervision, as well as the discretionary consideration of aggravating and/or mitigating factors, including victim input. See � 947.146(5), Fla. Stat. (1989); Fla. Admin. Code R. 23-22.006-22.008. In addition, control release dates could be modified based on new information tending to indicate an inmate's negative or increased release risk prognosis. Moreover, inmate release dates could be extended or advanced, i.e., allotments could be given or taken away, as the prison overcrowding levels changed. See � 947. 146(6), Fla. Stat. (1989); Fla. Admin. Code R. 23-22.010. In sum, while Control Release was similar to the previous programs because it provided for reduced sentences, it was different because it incorporated several of the more discretionary aspects of a traditional parole-type program. 3 In many ways, the Control Release program was better than the previous programs because it helped to ensure that only the least dangerous inmates would be released early when prison overcrowding occurred.
On July 18, 1991, the Department stopped awarding overcrowding credits under the 98% triggering threshold of the prior credits program because the Commission was awarding allotments when the 97.5% percentage threshold was reached.
In 1993, the legislature repealed the Provisional Credits statute. See � 944.278, Fla. Stat. (1993)(note 2); ch. 93-406, �� 32, 44, at 2966, 2974, Laws of Fla. Then, between 1993 and 1995, the legislature progressively increased the percentage threshold for Control Release. In addition, during several periods of time, beginning in 1993, prison overcrowding exceeded all of the prior thresholds. See � 947.146(2), Fla. Stat. (1993); � 947.146(2), Fla. Stat. (Supp. 1994).
At the time of their offenses, all five petitioners were eligible for prison overcrowding credits (either Emergency Gain Time, Administrative Gain Time, or Provisional Credits). However, by the time all but petitioner Hock had reached the Department's custody, the petitioners had already either been made effectively ineligible, or the entire program had been repealed. Accordingly, petitioners Galvis, Kivett, Gomez, and Goodwin were never awarded any overcrowding credits. 4 The following is a summary of the five slightly different scenarios of each of the petitions:
Petitioner Galvis was convicted of a drug trafficking offense committed on September 24, 1992. At that time, several programs were in effect: the Emergency Gain Time statute, with a threshold of 99%; the Provisional Credits program, with a threshold of 98%; and the Control Release program, with a threshold of 97.5%. Galvis was apparently ineligible for Emergency Gain Time, Provisional Credits, and Control Release until after he had finished serving the fifteen-year mandatory minimum. 5
Petitioner Kivett was convicted of manslaughter committed on October 18, 1987. At that time the following overcrowding programs were in effect: the Emergency Gain Time program, with a threshold of 99%; and the Administrative Gain Time program, with a threshold of 98%. Kivett was eligible for both of those programs. Kivett was offense-eligible for Control Release consideration but after consideration, the Commission found Kivett to be a release risk and assigned him a non-advanceable date. This designation meant that when the Commission awarded allotments (days), they did not affect Kivett's actual release date. See � 947.146(2), Fla. Stat. (1989); Fla. Admin. Code R. 23-22.006-22.008.
Petitioner Gomez was convicted of a second-degree murder committed on September 11, 1986. At that time, the only overcrowding program in effect was the Emergency Gain Time program, with a threshold of 99%. Gomez was eligible under that statute. However, the Department did not receive custody of Gomez until March 9, 1993. At that time, overcrowding allotments were being awarded under the Control Release program and Gomez was not eligible for Control Release.
Petitioner Goodwin was convicted of a DUI manslaughter committed on May 6, 1989. At that time, the Emergency Gain Time statute was in effect with a threshold of 99%; the Provisional Credits statute was also in effect, with a threshold of 97.5%; and Goodwin was eligible for those programs. However, Goodwin was not received into the Department's custody until April 28, 1994, which was after the Provisional Credits program had been repealed. Goodwin, like Kivett, was offense-eligible for Control Release consideration, but was deemed to be a release-risk and assigned a non-advanceable date.
Petitioner Hock was convicted of a second-degree murder committed on October 1, 1988. At that time the following programs were in effect: the Emergency Gain Time statute, with a threshold of 99%, and the Provisional Credits statute with a threshold of 97.5%. Hock was eligible for both those programs and received 360 days of Provisional Credits between May 1990 and January 18, 1991. After that date, overcrowding allotments were awarded pursuant to the Control Release program and Hock was ineligible for that program. Hock's 360 days of Provisional Credits were canceled in 1993, but restored in 1997, as explained in footnote 4.
In this case, the petitioners argue that under Weaver v. Graham, 450 U.S. 24 (1981), as reaffirmed in Lynce, they should have been awarded overcrowding gain time credits because, at the time of their offenses, they were eligible for at least one of the various versions of overcrowding gain-time credits. Except for Hock, they were never awarded any overcrowding credits because such credits were no longer available to them by the time they entered the Department's custody and they were effectively ineligible for Control Release. They allege that they are entitled to relief because the statutes which were enacted after their offenses were more onerous than the ones in effect at time of their offenses and the application of those statutes resulted in their having to serve longer sentences. They assert that not only should they have been awarded either Emergency Gain Time, Administrative Gain Time or Provisional Credits, but the State should not have been able to make them effectively ineligible for any type of overcrowding credits by substituting the Control Release Program for the prior programs. They further assert that prison overcrowding continued for a number of years even after the substitution of the Control Release program. They conclude, therefore, that all the petitioners should have received and continued receiving either Emergency Gain Time, Administrative Gain Time or Provisional Credits (as the case may be) until late 1994 or even later.
The State argues that the petitioners are not entitled to these credits and argues that the United States Supreme Court's decision in Lynce only requires the reinstatement of credits for those inmates who actually received credits which were subsequently cancelled. Since these inmates never received any overcrowding credits 6 the State asserts that they are not entitled to any credits. The State further argues that even if the prior programs had not been repealed or replaced, Secretary Singletary would not have exercised his discretion to implement them because it was clear that the Control Release program was a much better way to ensure that only the least dangerous inmates were released early when prison overcrowding reached crisis proportions.
II. Analysis under Lynce v. Mathis
In Lynce, petitioner Lynce argued that, like regular gain time, 7 prison overcrowding credits could constitute part of an inmate's sentence because a "prisoner's eligibility for reduced imprisonment is a significant factor entering into both the defendant's decision to plea bargain and the judge's calculation of the sentence to be imposed." Lynce, 519 U.S. at 445-46 (quoting Weaver v. Graham, 450 U.S. 24, 32 (1981)). The State argued that with prison overcrowding credits, the above-mentioned reliance argument was not present because at the time of the plea bargain and sentencing, the petitioner could not have reasonably expected to receive any such credits given that the State could have alleviated the prison overcrowding problem by other means by the time the inmate reached prison. Accordingly, the State argued, unlike regular gain time, the existence or amount of prison overcrowding is always speculative. The United States Supreme Court found this argument unpersuasive in Lynce's case because "the actual course of events [made] it unnecessary to speculate about what might have happened." Lynce, 519 U.S. at 446. Stated another way, in Lynce, no one had to "speculate" about whether the contingency of the relevant prison overcrowding threshold might be reached during Lynce's incarceration so as to allow for such awards because it was reached during Lynce's incarceration, and he was awarded a specific number of Provisional Credits. The Court, therefore, made clear that, for ex post facto purposes, there is no difference between regular gain time and prison overcrowding gain time.
In this case as well, there is no need to engage in such speculation because prison overcrowding did reach the relevant percentages in 1993 and but for the effective repeals of the earlier programs, the petitioners would have received credits and their sentences would have been reduced.
There is a distinction, however, between this case and Lynce. In Lynce, the issue was whether the petitioners' credits should be restored. In this case, the issue is whether the petitioners should receive the overcrowding credits they would have received if the actual overcrowding mechanism which was in effect at the time of their offense had continued in effect. In other words, in this case, there was no cancellation of overcrowding credits already awarded. Accordingly, it is at least arguable that the circumstances present in Lynce are not present here. Nevertheless, the Lynce Court specifically relied on and cited extensively to Weaver v. Graham, 450 U.S. 24 (1981), which is quite similar to this case.
In Weaver, the Department attempted to alter the manner of awarding basic and incentive gain time which resulted in a reduction in the availability of gain time. The Supreme Court found that because "the new provision constricts the inmate's opportunity to earn early release, [it] thereby makes more onerous the punishment for crimes committed before its enactment. This result runs afoul of the prohibition against ex post facto laws." Weaver, 450 U.S. at 35-36 (emphasis added). This case is similar because the substituted overcrowding program (Control Release) significantly constricted the petitioners' opportunity to earn early release under the prior statutory provisions by making them effectively ineligible.
As mentioned above, the Department asserts that the petitioners are not entitled to relief because Secretary Singletary would not have exercised his discretion under the Provisional Credits statute to continue to award Provisional Credits, because he felt that the Control Release program was a better program. While we agree that the Control Release program certainly seems to have been better designed to ensure public safety and that the Secretary might have had the discretion to refuse to award any type of overcrowding credits, we do not believe that the Ex Post Facto Clause gives the Secretary the discretion to choose to allow the implementation of the later, more onerous Control Release statute to these inmates in place of the statutes which were in effect at the time of their offenses.
Accordingly, we are compelled by the United States Supreme Court's decision in Lynce to conclude that for these inmates, the substitution of the Control Release program for the earlier programs resulted in an ex post facto violation under Weaver.
Our decision today is consistent with our recent decision in Britt v. Chiles, 704 So. 2d 1046 (Fla. 1997). In that case, this Court rejected the State's argument that a change in the gain time forfeiture statute which increased the amount of gain time forfeitable was not subject to the Ex Post Facto Clause because it was too contingent upon future events. This Court granted the petition because the statute "eliminate[d] an inmate's opportunity to earn incentive gain-time" for a certain amount of time after a disciplinary infraction was committed. Britt, 704 So. 2d at 1047-48. This Court specifically likened the situation in Britt to that in Weaver, because by reducing the ability to earn gain time after a disciplinary infraction, the Department was essentially "curtailing the availability of future credits [and therefore] it effectively postpone[d] the date when [an inmate] would become eligible for early release." Britt, id. at 1046-47 (first brackets added)(quoting Lynce, 519 U.S. at 442). Accordingly, we grant the instant consolidated petition and order the Department to apply the version of the overcrowding statute in effect at the time of each petitioner's offense.
III. The Remedy
The Department has provided detailed charts showing the actual prison population over the years as compared to the relevant lawful capacity levels. The difference between these numbers is the amount of overcrowding present during the pertinent years. The Department also set forth charts presenting several possible ways of providing for the award of credits were we to grant the petition. The Department has made its calculation based both on the actual levels of prison overcrowding and on certain data projections for time periods for which the Department does not have actual numbers.
The petitioners contest the Department's proposed relief because they argue that the use of the Control Release statute to reduce prison overcrowding by releasing the less risky inmates reduced the actual level of prison overcrowding, thereby reducing the amount of credit now due to the petitioners.
We conclude that if the legislature had maintained the percentage threshold for Control Release at below 97.5%, by releasing the less dangerous inmates on Control Release at that lower level, that action would probably have prevented the overcrowding levels from reaching the higher threshold levels. If those thresholds had not been reached, the required percentage contingency would not have come into fruition and there would probably have been no ex post facto violation. 8Due to the later increases in the Control Release thresholds, however, prison overcrowding periodically did exceed the relevant threshold levels in 1993 and onward for a number of years. Nevertheless, to the extent that the State did succeed in reducing the prison population by releasing the less dangerous inmates on Control Release, we find no impropriety. Therefore, for any time-frames in which the prison population did not exceed the relevant percentage thresholds, the Department need provide no relief. 9While we recognize that it may be impossible to calculate the exact amount of prison overcrowding and the exact number of credits that would have been issued to the petitioners nearly a decade ago had the State utilized the overcrowding statutes in effect at the time of each inmate's offense, we believe this opinion sets forth sufficient guidelines so that the Department may endeavor to calculate a reasonable estimate of the relief now due to each inmate.
The petitioners also argue that for the years in which Control Release allotments were awarded they should receive the much higher number of Control Release allotments that were given to the Control Release eligible inmates. We conclude that under the Ex Post Facto Clause, the petitioners are only entitled to the number of credits that should have been awarded under the prior statutes, not what other inmates were actually awarded under the Control Release program. To do otherwise would result in an undue windfall for the petitioners. 10
The petitioners also argue that those inmates who were only eligible for Emergency Gain Time at the time of their offenses should be awarded continuing amounts of early release credits totaling much more than the amount determinable by the Emergency Gain Time statute itself. See � 944.598, Fla. Stat. (1983-Supp. 1992). We disagree.
According to subsections (1) and (2) of section 944.598, when the threshold level was surpassed, the Secretary was given authority to award up to thirty days Emergency Gain Time, in five-day increments, to the entire eligible inmate population. Subsection (2), however, makes clear that these "across-the-board" awards were limited to a certain period of time. If after fifteen days overcrowding continued despite the awards made under subsection (2), subsection (3) became activated. 11 Under subsection (3), prison overcrowding was further alleviated by awarding credits to a different, more limited group of inmates. These inmates would then be placed on "compulsory conditional release." If an inmate was eligible for Emergency Gain Time under subsection (2), but was not eligible for continuing awards under subsection (3), then that inmate would be limited to the amount of credits awardable under subsection (2).
We believe that the United States Supreme Court's somewhat different interpretation of that statute in Lynce v. Mathis, 519 U.S. 433, 448 n.18 (1997), was not intended to control the manner in which the appropriate remedy should be calculated (in fact, the Supreme Court did not mention subsection (3) at all). On the contrary, the Supreme Court's discussion of that statute was merely a reaffirmation of the "core Ex Post Facto" argument that all the later overcrowding statutes were really the same, at least for purposes of deciding whether a later statute was merely a "revamping" of the prior statute. In other words, we believe that the Supreme Court's discussion of that statute was only meant to reject the Department of Corrections' assertions in that case that all the separate overcrowding statutes had nothing to do with each other and that an inmate's entitlement to overcrowding credits under one statute terminated upon the enactment of a new statute.
There is one final issue that must be addressed before the State can calculate the exact number of credits due to each inmate. That issue concerns the three different definitions of prison overcrowding. Prison overcrowding occurs when the prison population exceeds the "lawful capacity" of the prison system. 12 Under all the overcrowding statutes, the award of credits was activated when the prison population exceeded the relevant percentage (either 97.5%, 98%, or 99%) of "lawful capacity." "Lawful capacity," however, was defined differently during various time periods. When the Emergency Gain Time statute was first enacted in 1983, the statute defined "lawful capacity" as "the total capacity of all institutions and facilities in the prison system as determined either by the Legislature or by the courts." See � 944.598(7)(b), Fla. Stat. (1983). In 1983, however, the legislature had not actually determined an exact definition, nor had any court done so. As discussed above, in the early 1980s, the Department was embroiled in the Costello prison overcrowding lawsuit. According to the Costello settlement agreement, effective July 1, 1985, the definition of "lawful capacity" was determined to be 133% of total design capacity. See � 944.598(6)(b)(note 1), Fla. Stat. (Supp. 1992). Effective June 10, 1995, the definition was changed to 150%. See �� 947.146 (2);944.096(4)(b); 944.023(1)(b), Fla. Stat. (1995); ch. 95-325, �� 1, 6, at 2235-36, 2238, Laws of Fla.
The Department argues that it can change and apply retrospectively the definition of prison overcrowding by changing the percentage over which it is still "lawful" to exceed the total design capacity. The Department makes this assertion because it believes that it has always been understood that the definition of overcrowding could be changed. We cannot agree. We conclude that the definition of overcrowding, as it was defined at the time of the inmate's offense, is part and parcel of the relevant version of the overcrowding statute that should be applied to each inmate. We agree that the legislature may change the definition of prison overcrowding; however, since that change as proven by the Department's charts can drastically reduce or even eliminate the credits an inmate might have received under the prior definition, the Department cannot apply the definition retrospectively to inmates whose offenses were committed prior to the effective date of the change.
Accordingly, the first definition of "lawful capacity" applies to inmates whose offenses occurred on or after June 16, 1983, but before July 1, 1985. That definition does not apply to any of the petitioners in this case and thus, we decline to address it. The second definition is 133% of the total design capacity. That definition must be applied to inmates whose offenses were committed on or after July 1, 1985, but before June 10, 1995. See � 944.598(6)(b)(note 1), Fla. Stat. (Supp. 1992). Accordingly, it applies to these petitioners. The third definition is 150% of total design capacity. 13This definition, however, cannot be applied to these petitioners as concerns Emergency Gain Time, Administrative Gain Time, and Provisional Credits. See �� 947.146 (2);944.096(4)(b); 944.023(1)(b), Fla. Stat. (1995); ch. 95-325, �� 1, 6, at 2235-36, 2238, Laws of Fla. Therefore, for each version of the pertinent overcrowding statute there is both a relevant percentage threshold (97.5%, 98%, 99%, 100%, etc.) over "lawful capacity" when the overcrowding statutes would activate, and there is a relevant definition of "lawful capacity" (either actual prison population, 133%, or 150%).
IV. Conclusion
Long before Lynce, the United States Supreme Court made clear in Weaver that, as concerns gain time, if a "new provision constricts the inmate's opportunity to earn early release, [it] thereby makes more onerous the punishment for crimes committed before its enactment [and] runs afoul of the prohibition against ex post facto laws." Weaver, 450 U.S. at 35-36. Lynce merely clarified that overcrowding credits must be treated the same as regular gain time. By retrospectively subjecting the petitioners to the more restrictive eligibility requirements of the subsequently enacted Control Release program, the State effectively repealed the prior programs in effect at the time of the petitioners' offenses and severely curtailed the availability of such credits to the petitioners, in violation of both Weaver and Lynce. The State must now rectify its error.
We are cognizant of the tremendous effort the recalculation required under this opinion will entail on the part of the Department. Nevertheless, we believe this result is compelled by the decisions in Lynce and Weaver.
We are bound to follow the law as expressed by the United States Supreme Court. This Court has repeatedly accepted the State's view concerning retroactive legislation restricting gain time. Each of those times the United States Supreme Court vacated our decisions. See Weaver v. Graham, 376 So. 2d 855 (Fla. 1979), rev'd, 450 U.S. 24 (1981); Calamia v. Singletary, 686 So. 2d 1337 (Fla. 1996), vacated, 117 S. Ct. 1309 (1997); State v. Lancaster, 687 So. 2d 1299 (Fla. 1997), vacated, 118 S. Ct. 37 (1997). We are compelled, therefore, to grant the petitioners' petitions for writ of habeas corpus.14 Because we trust that the State will fully comply with the dictates of this opinion, we withhold issuance of the writ.
HARDING, C.J., and SHAW, KOGAN and ANSTEAD, JJ., concur.
WELLS, J., dissents with an opinion.
PARIENTE, J., recused.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED.
WELLS, J., dissenting.
I dissent in this case because I believe that the majority has unnecessarily and unreasonably extended the United States Supreme Court's decision in Lynce v. Mathis, 519 U.S. 433 (1997), far beyond that necessary to comply with that Court's mandate.
The majority erroneously ignores the question which the Supreme Court expressly states that it decided in Lynce:
The question presented by this case is whether a 1992 statute canceling such credits for certain classes of offenders after they had been awarded-indeed, after they had resulted in the prisoners' release from custody-violates the Ex Post Facto Clause of the Federal Constitution.
Id. at 435 (emphasis added). Fundamental to a correct analysis is the recognition that Lynce and this case are patently factually distinguishable. Completely unlike the question presented in Lynce, here we have a situation in which the receipt of the subject credits was not only speculative at the time of the petitioners' offenses but they were simply never awarded. Since they were never awarded, they could not have been retroactively canceled. Furthermore, contrary to Lynce's situation, these prisoners were never released. Therefore, neither of the two essential factual components of Lynce (actual award and then actual release) are present.
The reason these two basic factual components were absent is that the petitioners were not in the custody of the Department at the time that such credits were being awarded. 15 To give the petitioners prison overcrowding reduction credits when they were not even in prison during the time frame in which such credits were being awarded is to engage in a purely fictionalized scenario of what the petitioners might have received if they had been where they were not. I do not believe the United States Supreme Court intended for us to engage in such fantasy.
I am quite aware that the Supreme Court in Weaver v. Graham, 450 U.S. 24 (1981), held in respect to the earned gain-time statutes that a law need not impair a "vested right" in order to violate the ex post facto prohibition. This clearly comports with reason in respect to the availability of earned gain time. As the United States Supreme Court wrote, a prisoner is "disadvantaged by the reduced opportunity to shorten his time in prison simply through good conduct." Id. at 33-34. However, contrary to the majority's reflexive reaction, I am not persuaded that the United States Supreme Court's decision in Lynce forces an illogical equating of earned gain-time credits and unpredictable prison overcrowding credits for every ex post facto analysis purpose. Rather, the United States Supreme Court merely said that the motivation of the legislature in passing the various gain-time statutes was immaterial for purposes of ex post facto analysis. 519 U.S. at 442. This should not be translated to mean that every person who ultimately ends up in the prison system is entitled to the benefit of such credits regardless of that person's actual factual circumstances.
While the Supreme Court's decision in Lynce and its reversal in Calamia v. Singletary, 117 S. Ct. 733 (Fla. 1997), of this Court's decision in Calamia v. Singletary, 686 So. 2d 1337 (Fla. 1996), may have eliminated the distinction between such credits after they have been awarded, this simply does not require the conclusion that there is no longer any distinction between such credits even before they have been awarded. Obviously, the credits in Lynce's situation were no longer speculative since the credits had been specifically in his records, were awarded to him, and had been acted upon to release Lynce. Lynce was not really a decision about a prisoner's "opportunities" for early release but rather a decision about the retroactive cancellation of something which was no longer speculative. As the Supreme Court noted, the question concerned the "fact that [Lynce] was actually awarded 1,860 days of provisional credits and the fact that those credits were retroactively canceled." Lynce, 519 U.S. at 446. In other words, I believe Lynce should be read to say that while a prisoner may not have a right to expect something before he has it because it is speculative, after he receives it and uses it to attain his liberty, it is no longer speculative. Again, I would point to the two essential parts of the Supreme Court's question: whether an ex post facto violation occurs when there is (1) an actual award of credits; and (2) actual release from custody based on those credits. We simply do not have either of those two necessary elements in this case. Accordingly, there can be no violation.
Even after Lynce, several courts have indicated that a proper ex post facto analysis still includes a determination of whether the sought-after early release opportunity is or was "speculative." In Hallmark v. Johnson, 118 F.3d 1073 (5th Cir.), cert. denied, 118 S. Ct. 576 (1997), for example, the court concluded that although the new gain-time provision at issue there had the potential to constrict the petitioners' opportunities for early release to some degree, that contingency would only occur if and when a number of additional speculative variables came into fruition. Accordingly, the court found no ex post facto violation. In Wootlin v. Fleming, 136 F.3d 1032 (5th Cir. 1998), the court found that since Wootlin's eligibility for early release had always been subject to the discretion of prison officials, his opportunity for release had been speculative from the beginning. The prison officials' determination that they would not exercise their discretion for violent offenders like Wootlin did little to Wootlin's hope for release since he might never have been chosen for release under the previous policy. Id. at 1037. Accordingly, as in Hallmark, the court found no ex post facto violation.
The Supreme Court seems to have recognized in Lynce itself that the "speculative" component expounded upon in California Department of Corrections v. Morales, 514 U.S. 499, 506-513 (1995), remains intact when it reasoned that "[i]n this case, unlike in Morales, the actual course of events makes it unnecessary to speculate about what might have happened." Lynce, 519 U.S. at 446. In Morales, the petitioner's chances of receiving parole had always been subject to the discretion of the parole board. Since Morales was serving sentences for several murder convictions, his chances for early release had never been very good. A later change in the parole rules extending the time period between parole considerations for persons convicted of more than one murder did little to change Morales' chances for early release. The Supreme Court found the rule changes had only a speculative effect on Morales and concluded that such changes do not violate the Ex Post Facto Clause. Morales, 514 U.S. at 507-509, 518.
I believe that the same conclusion should apply to this case. In this case, all of the petitioners committed their offenses while the emergency gain time statute was in existence. However, that statute could not go into effect until the Secretary of the Department of Corrections both certified certain information concerning the prison population and prison capacity and advised the Governor of the existence of a state of emergency. See � 944.598(1), Fla. Stat. (1983-Supp. 1992). At that point, the Governor would certify the above information by letter. Id. Only then could the Secretary of the Department of Corrections actually declare a state of emergency. Id. However, even at that point, the award of credits was discretionary on the part of the Secretary. Id.
The Department of Corrections has provided information indicating that no such state of emergency was ever declared. Accordingly, the requisite preconditions never occurred, and the statute never went into effect. The declaration of a state of emergency was a necessary condition or contingency. This contingency was speculative at the time of the petitioners' offenses, and it never occurred. Furthermore, these inmates never even received the "substitute" credit that Lynce received. 16 Accordingly, all necessary contingencies failed to come into fruition. Thus, contrary to the situation in Lynce, the sought-after early release opportunity never materialized for these inmates. The fact that other credits actually materialized for other inmates should not be allowed to substitute for the requisite concreteness necessary to find an ex post facto violation. 17
Some of the petitioners claim credits under several of the later-enacted overcrowding statutes administered by the Department, as discussed in detail in the majority opinion. While these statutes did not require a declaration of a state of emergency, they did require a certification from the Secretary that the pertinent prison capacity level had been reached. At that point, the Secretary was given discretion to award credits. See � 944.276(1), Fla. Stat. (1987) (administrative gain time); � 944.277(1), Fla. Stat. (Supp. 1988-Supp. 1992) (provisional credits). In hindsight, we know that the Secretary did actually award credits to a number of inmates. However, he never awarded credits to these inmates. Again, I do not think Lynce requires that we excuse the fact that credits never materialized for these inmates by pointing to other inmates who actually received credits.
In sum, while I understand that the majority concludes that it is compelled to grant these petitions, having been reversed in other gain-time cases by the Supreme Court, I believe that this reflexive reaction is inappropriate here because what is presented is clearly distinguishable from Lynce.
Five Cases Consolidated:
Original Proceeding - Habeas Corpus
John C. Schaible and Christopher M. Jones, Florida Institutional Legal Services, Inc., Gainesville, Florida,
for Petitioners
Susan A. Maher, Deputy General Counsel, Department of Corrections, Tallahassee, Florida,
for Respondent
Offense date
Programs Result
Cont. R.
Gain Time
at or below
99%-100%
99%-100% (TC)
6/2/86-6/16/93
6/10/95-present-TC
20 Murder
Entitled only to
limited credits
under Emerg.
Kivet
Entitled to both
Emerg. GT &
Admin. GT **
Hock
DUI Manslaughter
Entitled to
both Emerg. GT &
Prov. Credits **
Galvis
Not eligible
It appears that
until mandatory
Galvis is not entitled
to any credits
** but no double credits for same period of time
1 In Meola v. Department of Corrections, we address gain time in the context of prisoners who had their Administrative Gain Time and/or Provisional Credits canceled. We hold that the petitioners are not entitled under ex post facto principles to the reinstatement of the overcrowding credits that they had actually been awarded, but which were subsequently canceled. We also hold that the petitioners were accorded due process in the cancellation of the credits and that there was no equal protection violation.
In Thomas v. Singletary, Nos. 90,128 & 90,188 (Fla. Dec. 24, 1998), we address the extension and then cancellation of prisoner's release dates under the Control Release program. We hold that since inmates were always on notice that their control release dates could be changed to a later date, the legislative amendments to the program and, ultimately, the cancellation of their release dates did not result in an ex post facto violation.
In State v. Lancaster, No. 86,312 (Fla. Dec. 24, 1998), in which we are granting relief, we address gain time in the context of prisoners who had their Administrative Gain Time or Provisional Credits forfeited upon revocation of probation. We hold that the State has statutory authority to forfeit their credits, but only for criminal offenses committed after a certain date and that the 1993 statute called the Safe Streets Initiative cannot be used to cancel their gain time as concerns inmates who were released on supervision before its enactment.
While each of these opinions are similar because they discuss the effect that the United State's Supreme Court decision in Lynce v. Mathis, has had on gain time caselaw, they are clearly distinguishable, as discussed above.
2 See ch. 88-122, � 6, at 537, Laws of Fla.
3 See, e.g., �� 947.165, 947.173, 947.174, Fla. Stat. (discussing Parole Commission's duties to periodically review and revise inmate parole dates).
4 Hock was awarded 360 days Provisional Credits but those credits were subsequently cancelled. In Calamia v. Singletary, 686 So. 2d 1337 (Fla. 1996), we affirmed that cancellation. That decision, however, was vacated by the United States Supreme Court in Calamia v. Singletary, 117 S. Ct. 1309 (1997). On remand, we granted Hock's petition in light of the United States Supreme Court decision in Lynce v. Mathis, 519 U.S. 433 (1997). SeeCalamia v. Singletary, 694 So. 2d 733 (Fla. 1997). The Department has now restored Hock's 360 days of Provisional Credits, but has not released him. In this case, Hock is seeking the award of credits he was never awarded.
5 We have been informed by the Department that Galvis' prison sentence is made up entirely of a mandatory sentence.
6 As noted previously, none of the petitioners, with the exception of Hock, received any credits. Hock received 360 days Provisional Credits and has already had those credits restored. In this case, Hock is seeking additional credits that he never received.
7 Regular gain time awards (incentive and basic gain time) are determined in part by the date of offense, the type of offense and the inmate's behavior. The amount of regular gain time awardable is not statutorily tied to the amount of prison overcrowding. See generally � 944.275, Fla. Stat. (1997).
8 The Supreme Court seems to have indicated in Lynce that had the State been able to release other less dangerous inmates and therefore avoid the occurrence of the requisite levels of prison overcrowding, it might have avoided the necessity of releasing the more dangerous inmates pursuant to the prior statutes. It stated:
The State, after all, could have alleviated the overcrowding problem in various ways: It could have built more prisons; it could have paroled a large category of nonviolent offenders; or it might have discontinued prosecution of some classes of victimless crimes.
Lynce, 519 U.S. at 446 (emphasis added).
9 The Department must ensure, however, that its calculations have been made based on the relevant definition of prison overcrowding, as discussed below.
10 In addition, even if an inmate is eligible for more than one type of credit, that inmate should not be awarded duplicate (or double) credits for the same time period.
11. The time-restricted authority under section 944.598(2) contrasts with the later overcrowding statutes which specifically provided the State with continuing authority to award credits "across-the board" until the prison population fell below a certain percentage threshold. See � 944.276(2), Fla. Stat. (1987)(Administrative Gain Time); � 944.277(2), Fla. Stat. (Supp. 1988)(Provisional Credits); � 947.146(2), Fla. Stat. (1989)(Control Release).
12 The term "lawful capacity" was later changed to "total capacity" in 1995. See �� 947.146(2), 944.023(b), Fla. Stat. (1995); ch. 95-251, �� 1, 4, at 2235-36, 2238, Laws of Fla.
13 The 150% definition contains certain exclusions. For example, medical and mental facilities must remain at or below design capacity, i.e., they may not exceed 100% of design capacity. See � 944.023(1)(b)(1-6), Fla. Stat. (1995).
14 We are granting Galvis' petition and ordering that the statutes in effect at the time of his offense be applied to him. However, it appears that Galvis is not entitled to any relief until he has served his minimum mandatory sentence.
15 As noted in the majority opinion, petitioner Hock was in custody during a portion of the relevant time frames and received some credits. However, he has already had those credits restored, and this case does not concern those credits.
16 While Lynce was eligible at the time of his offense for only emergency gain time and never received that particular type of overcrowding credit, he eventually did receive another type of overcrowding credit (provisional credits). The Supreme Court concluded that for ex post facto purposes the statutes were essentially the same. 519 U.S. at 449 (noting that "[t]he changes in the series of statutes authorizing the award of overcrowding gain-time do not affect petitioner's core ex post facto claim."
17 Petitioner Hock did receive some "substitute" credits, however, as noted above, he has already had those credits restored.


text:
About Concert Hall
The architectural concept behind the reconstruction of the hundred year old Cēsis Community Centre (built by architect Augusts Malvess, 1878–1951) was based on openness and authenticity, an interplay between old and new, unity of place and space, and diverse functionality. We tried to maximise the link between the interior and the location wherever we could. We achieved architectural openness by revealing the construction to its maximum and by not using a covered finish. Everywhere in the newly built part of the building a variety of materials are exposed – brickwork, natural stone, wood, concrete, and metal. By contrast, in the historical parts of the building we chose to retain the construction techniques used a hundred years ago, namely painted plaster over brick. We further enriched the interplay of old and new by retaining and using certain decorative elements from the former community and cultural centre. The heart of the Concert Hall is the Great Auditorium which can host anything from symphony concerts and theatre performances to conferences and balls. The auditorium is designed to facilitate a quick transformation, depending on needs, with the ability to adjust both the acoustics and the layout of the stage and audience seating. The auditorium can become an amphitheatre or a level parquet floor empty of seating.
Architect Juris Poga
The location is defined by Raunas Street with its marked perimetric development. It is the New Town of Cēsis that emerged in the late 1800s and early 1900s. The street space is complemented by a tree alley and a square. The new-built parts of the concert hall building were designed to remind of stylised trees with the purpose of making them an organic part of the square. The curved brown open brickwork elements on the ground level form tree trunks, the glass area above them ‒ tree crowns, while the yellow irregularly distributed sunscreens appear to be the foliage of the trees. A physical connection with the location was established by choosing local building materials ‒ bricks produced at Lode factory, and wood. The columns and roof constructions, as well as window frames and door casings were made from Latvian wood, as were the décor and furniture.
The concert hall houses practice rooms for Alfrēds Kalniņš Cēsis School of Music and a number of amateur performing arts groups, as well as the offices of Cēsis District Centre for Culture and Tourism and the concert hall management. The Lesser Auditorium is home to a cinema.
Cēsis Concert Hall
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redpajama_set_name: RedPajamaCommonCrawl


A solid business continuity plan is critical for businesses, both large and small.
With the advancement of technologies including virtualisation, cost effective high-speed network connectivity and Disaster Recovery as a Service (DRaaS), effective business continuity solutions are no longer the sole domain of large corporates.
We help by offering Azure based solutions that provide robust business continuity and disaster recovery (BCDR) capabilities, that protect your on-premises physical servers and virtual machines. We provide an automatic replication and failover to Cloud services, or to a secondary on-premises data centre, based on your company's size, budget, legal or compliance requirements.


text:
All Sorted Out / Decluttering / Home Office
June 20, 2019 allsortedoutDecluttering
Thinking of decluttering your home office check out this article from The Daily Telegraph, where I provided some helpful hints
Design experts share their tips for the best home office
Robyn Willis, Home editor, The Daily Telegraph
MANY of us dream of the day we can walk out of the office for the last time and set ourselves up in our own business.
But while the likes of Sex And The City's Carrie Bradshaw have made working from home look like the dream job, the reality is often quite different.
And this is often most obvious when the end of the financial year draws near.
This simple space designed by Clare Le Roy from The Little Design Corner offers plenty of natural light as well as space for clients. Picture: Esteban La Tessa
COME THIS WAY
Building designer Luke Van Jour from Distinct Innovations says there are some basic questions you need to ask yourself before setting up a work space at home.
"The most important thing is to determine if you will have clients coming to see you," Luke says.
"If you are expecting clients, you have to make sure you have your insurance (such as public liability cover) sorted out because if they trip up on your footpath or step, straightaway you can be liable."
Ideally, he says, it's great to have a separate room, preferably near the main entrance to your house.
"If you have clients coming make sure your office is private so that they can't see your partner wandering around in their pyjamas," Luke says.
"People don't realise that while it's wonderful having a home office, it's also an invasion of privacy."
Given so many of us are dependent on computers in our working lives, setting yourself up with good IT services is a must, says Luke.
"If my computers go down I can't draw," he says.
More:distinctinnovations.com.au
This space designed by Greg Natale takes a quietly masculine approach. Picture: Anson Smart
CREATE GOOD VIBRATIONS
Surely one of the best things about working from home is being able to design and work in a space you really love and that stimulates creativity.
Interior designer Monique Sartor says it's important to personalise the space and create an environment conducive to your needs.
"I have a really big artwork in my office," she says.
"The artwork has a pink background and the happy colours help make it a happy space. It's a bit of energy in the room.
"I always like to have music going in the background to keep me going."
This small workplace in an apartment by Arent & Pyke has everything its owner needs, including storage. Picture: Tom Ferguson
KICK CLUTTER TO THE KERB
Decluttering expert Jo Carmichael from All Sorted Out says this time of year is the perfect time to declutter your home office.
"You should feel calm and relaxed in your office space, even if it is a short stroll from the kitchen," Jo says.
"Once you've got yourself organised, you'll actually feel like going to your computer nook or office — rather than wanting to escape it."
As tedious as it sounds, it's time to go through the paperwork and get rid of what you don't need.
Jo's decluttering system breaks paperwork down into categories such as business records for the past financial year, important records such as wills, passports and birth certificates, and then paperwork that requires immediate action, such as bills.
Because there is so much potential for distraction when you're working from home, Jo says making a "to-do" list and crossing tasks off as they are completed can be an effective way of staying on track.
But there should always be a little time for dreaming, says Luke.
"Because my designs are very nature based sometimes I just stare out the window and the ideas flow," he says. "If the mind is completely relaxed you start to produce some great stuff."
More: allsortedout.com.au
A combination of open and closed shelving manages the clutter in this office space designed by Source Architects. Picture: Tom Ferguson
SHELVING A GOOD IDEA
Interior designer Monique Sartor from Sartorial Interiors says even if your home office space is part of a larger room, there are plenty of ways to maintain a stimulating and professional environment.
"It's all about balance," she says. "I'm not super fussy about my space but I also want it to look nice."
So while she saw the necessity of using an ergonomically sound but unattractive chair, Monique added a soft throw to make it more appealing.
Storage is a mix of open shelving and closed cupboards and filing cabinets, which don't have to cost a fortune.
"I have lots of cabinetry but I make sure the printer is out of sight," she says. "There are three filing cabinets from Super Amart which weren't expensive but they are really nice."
Break up storage spaces with stand-up folders and shelving so that everything is readily accessible and easy to see.
Luke says it's important to leave your home office neat and tidy for the next day, just as you would if you were working away from home.
"We do get clients or delivery people who randomly drop by but it's all neat and tidy," Luke says. "Before I leave the office I make sure the desk is clear and the place is ready for the next day."
Luke says it's worth spending a little money on good office furniture that presents well to visiting clients and keeps you motivated during the working day.
"A lot of people think it's fine to have a makeshift desk but if a client comes in and sees you working from a fold-out table, they might wonder why they are spending money with you," he says.


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text:
package com.cse3310.phms.model;

import com.activeandroid.annotation.Table;

@Table(name = "Recipe")
public class Recipe extends EStorage{

    public Recipe()
    {
        //super();
       // user = UserSingleton.INSTANCE.getCurrentUser();
    }
/*
    public Recipe(String url, String title)
    {
        this.url = url;
        this.title = title;
        super.user = UserSingleton.INSTANCE.getCurrentUser();
    }

    public Recipe(EStorage thatUrl)
    {
        this.url = thatUrl.getUrl();
        this.title = thatUrl.getTitle();
    }

    public String getTitle() {
        return title;
    }

    public String getUrl() {
        return url;
    }

    public EStorage setTitle(String title) {
        this.title = title;
        return this;
    }

    public EStorage setUrl(String url) {
        this.url = url;
        return this;
    }

    @Override
    public String toString()
    {
        String temp = "Title-" + title + "," + url;
        return temp;
    }
*/

}

redpajama_set_name: RedPajamaGithub


This handbook is designed to introduce you to the great opportunities within the Kokomo School Corporation. It is presented as an overview of options, activities, practices, procedures, policies, curriculum, assessment, awards, athletics, and many other pieces of interesting information for all programs that make up our school corporation. The information contained within this handbook and additional references are available on the Kokomo School Corporation website at www.kokomoschools.com. Please refer to this handbook and website as needed. If you do not find answers to your questions, please call your school and you will be directed to someone who will assist you.
All Kokomo School Corporation schools operate under rules, regulations, and policies as established by the Board of School Trustees and by directives from the Indiana Department of Education. Each school, however, may have some variations in general administrative procedures to provide for differences that exist in various parts of the corporation.
Knowledge and understanding of this handbook information is important in assuring that each of the students in our school community become passionate learners who are prepared for success in school and beyond.


Back pain affects at least 80% of Australians at some time in their lives and 50% of those affected will have recurring back problems. It is the most common cause of absenteeism from work. Osteopaths consider themselves to be "back experts" and provide well over one million treatments to Australians each year.
In 1998/99, back complaints made up 30% of all work cover claims in NSW, higher than any other complaint.
Osteopathy is a drug free form of manual medicine. It treats the body's musculoskeletal components (joints, muscles and spine) through gentle hands on techniques such as soft tissue stretching and massage, deep tactile pressure, and the mobilisation and manipulation of joints.
Osteopaths will do more than offer treatment. They will devise an ongoing management program to prevent recurrence, and, if necessary, advise on diet, exercise, posture and breathing to ensure long term relief.
For back pain, see your osteopath - sooner rather than later.
Take regular non traumatic exercise e.g. swimming, walking, cycling, yoga etc.
Avoid "computer slump.". Sit tall and breathe with the diaphragm.
During repetitive tasks take frequent breaks or vary your activity.
Bend the knees when reaching down or lifting, and carry weight close to the body not at arms length. Our backs are forklifts, not cranes!
Avoid strain when lifting, particularly carrying small children and heavy shopping.
Make sure you have a good quality and supportive mattress - your bed could be part of the problem.
Do your best to make your workplace more ergonomically friendly.


text:
Category: Times of Prayers
Which is the middle prayer?
Which is the begining of the day- is it fajr or magrib. Please tell me. Which is the middle prayer. If it is asr then, fajr is the beginning of the day. Please clarify me in detail from the quran and the hadeeth.
He wants to put the prayers together on a permanent basis because he works at night
Using a timetable to know the times of prayer
Identifying the middle prayer which is mentioned in the verse (interpretation of the meaning): "Guard strictly (five obligatory) As‑Salawaat (the prayers) especially the middle Salaah (i.e. the best prayer). And stand before Allaah with obedience [and do not speak to others during the Salaah (prayers)]" [al-Baqarah 2:238] is one of the matters concerning which there is a difference of opinion among the scholars, and concerning which there are approximately 20 opinions, as listed by al-Haafiz Ibn Hajar (may Allah have mercy on him) in Fath al-Baari (8/197). Al-Haafiz 'Abd al-Mu'min al-Dimyaati (may Allah have mercy on him) wrote a book concerning that entitled Kashf al-Mughatta fi Tabyeen al-Salaat al-Wusta. The strongest of these opinions are two:
1.That it is Fajr prayer
This is the view of Abu Umaamah, Anas, Jaabir, Abu'l-'Aaliyah, 'Ubaydah ibn 'Umayr, 'Ata', 'Ikrimah, Mujaahid and others, and it is one of the two views of Ibn 'Umar and Ibn 'Abbaas.
It is also the view of Maalik and of al-Shaafa'i as stated in al-Umm. End quote from Fath al-Baari (8/196).
2.That it is 'Asr prayer
This is the view of most of the scholars, and it is the correct and reliable view, because of the evidence to that effect in the Qur'aan and the Sunnah.
This is the view of 'Ali ibn Abi Taalib. Al-Tirmidhi and al-Nasaa'i narrated that Zurr ibn Hubaysh said: We said to 'Ubaydah: Ask 'Ali about the middle prayer. He asked him and he said: We used to think that that was Fajr, until I heard the Messenger of Allah (blessings and peace of Allah be upon him) say on the day of al-Ahzaab: "They distracted us from the middle prayer, 'Asr prayer." This report states that it is 'Asr in the words of the Prophet (blessings and peace of Allah be upon him). The argument for it being Fajr is strong, but the correct view is that it is 'Asr.
This is the view of Ibn Mas'ood and Abu Hurayrah, and it is the correct view according to the madhhab of Abu Haneefah; it is also the view of Ahmad and the view which most of the Shaafa'is adopted because of the soundness of the hadeeth.
Al-Tirmidhi said: It is the view of most of the scholars among the Sahaabah.
Al-Mawardi said: This is the view of the majority of the Taabi'een.
Ibn 'Abd al-Barr said: It is the view of most of scholars of hadeeth.
Among the Maalikis, this is the view of Ibn Habeeb, Ibn al-'Arabi and Ibn 'Atiyyah. End quote from Fath al-Baari, 8/196.
Al-Nawawi (may Allah have mercy on him) said:
What is indicated by the saheeh hadeeths is that it is 'Asr, and this is the favoured view. End quote.
Al-Majmoo', 3/61
Al-Haafiz al-Dimyaati mentioned some of the particular virtues that are unique to 'Asr prayer:
·The Messenger of Allah (blessings and peace of Allah be upon him) emphasised the calamity of missing it and described it as loss of family and wealth, when he said: "Whoever misses 'Asr prayer, it is as if he has lost his family and his wealth."
·The good deeds of the one who misses it are lost.
·It was dearer to them than their own selves and their parents, children, families and wealth.
·It was the first prayer at the time of which the fear prayer was prescribed.
·It was the first prayer in which the Prophet (blessings and peace of Allah be upon him) turned to face the Ka'bah.
·The Prophet (blessings and peace of Allah be upon him) said: "A man tries to sell an item after 'Asr by swearing an oath by Allah…". So Allaah showed the seriousness of an oath sworn after 'Asr prayer.
·Sulaymaan (blessings and peace of Allah be upon him) destroyed a large number of horses because inspecting them distracted him from 'Asr prayer until the sun set.
·Allaah says (interpretation of the meaning): "By Al‑'Asr (the time). 2. Verily, man is in loss…" [al-'Asr 103:1-2]
·It was the middle prayer to be made obligatory, because the first prayer to be made obligatory was Fajr and the last was 'Isha', so it was the middle prayer in being made obligatory.
End quote. Kashf al-Mughta, p. 126-132
With regard to the question about the beginning of the day, and whether it is during the night or the day, the answer is that the night comes before the day. So when the sun sets, the night belonging to the following day has begun. Hence when the new moon of Ramadan is sighted, the people pray Taraweeh that night because that night is part of Ramadan, and when they see the new moon of Eid, they do not pray Taraweeh because that is part of Shawwaal.
But that does not imply that Fajr is the middle prayer, because what is meant by middle here is the best, not the one that is in the middle between two things.
See: al-Tahreer wa'l-Tanweer, 15/253; Tafseer Soorat al-Baqarah by Ibn 'Uthaymeen, 2/178.
The people in his mosque pray Fajr before the proper time; should he pray with them?
The extent to which delaying prayer may be forgiven in the case of women
Should he break his fast at school or delay iftar and praying?
Meaning of the word Pokemon
In what order missed prayers should be made up
Accepting a gift from a kaafir on the day of his festival
Removing hair and nails during the menstrual period
Conditions of wiping over socks


Since December 1994 the city of Chandigarh has savoured and relished the flavors of Europe; our cakes, patisserie, cookies, breads and sandwiches have tickled the taste buds of all age groups. Monica began with home-baked cakes which soon became a rage in the city and nothing works better than word of mouth. Gradually, from a mere hobby Monica had a full blown bakery signifying excellence. Paying attention to quality is fundamental at our boutique bakery and this is the reason that we have stood apart in our industry. It is our consistency and endeavor for perfection that has helped us hold our own for almost two decades; our repeat and regular clients are the perfect proof of our success. The products here remind you of the unique and fresh taste of the cakes and breads baked by your grandmothers. Being pioneers in baking, our game plan is to uphold the trust our clients have shown in us.
Devoid of preservatives, colors or pre-mixes, our products are sought after by health watchers; we live in a savvy world and all people today are extremely conscious about what goes into their system. We are renowned for our whole wheat and high-fiber breads, rich in omega 3; when we proclaim a product to have certain contents, we mean every word. The wide range in breads and associated products such as farm fresh sandwiches draw a vast clientele; the vegetarian options sell as well as the non-vegetarian ones and our secret here is the freshness quotient. All unsold products of a particular day are discarded and only newly baked, crisp and warm items occupy our shelves.
Monica's trademark is the cakes and patisseries and we at all times aspire to maintain our standards; with over 40 varieties in fresh cream, seasonal fruits, nuts and tea cakes, our stuff is ordered in bulk for parties across the tricity as well as in towns of Punjab. Our forte lies in customizing every product as per the requirements of the customer; from birthday, reception to wedding anniversary cakes, our designs and decorations catch the eye. We are ace at making cakes with photo images of cartoons loved by children or with pictures of your cherished ones (the icing is edible and safe); all shapes, sizes and theme related cakes are done by us. The non-egg lovers need have no fears as we look into their palettes with care; our egg-less variety in cakes and cookies is patronized by a large number. The souffles, tarts, eclairs, macaroons and truffles are popular desserts at all sorts of parties; with prior notice, we have ample time to pay heed to the finest detail of every item. If you relish fresh and homely cooking, there is no place better than Monica's; the flavors are sure to linger and you will find yourself back again and again!


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Stargirl season 1, episode 6 recap – "The Justice Society" first time out
Jonathon Wilson 0
DC Universe, TV Recaps
"The Justice Society" kicks things up a notch as the new team tackle their adversaries in a well-done action sequence, promising more good stuff to come.
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This recap of Stargirl season 1, episode 6, "The Justice Society", contains spoilers. You can check out our thoughts on the previous episode by clicking these words.
After a couple of weeks devoted to team-building, Stargirl episode 6, "The Justice Society", kicks thing up a notch. With the gang together now, they have to prepare for their first mission, and it amounts to a slick climax that suggests plenty of potential for the back half of this charming superhero show.
Despite this episode's namesake, we mustn't forget the Injustice Society, and we open with a typical act of villainy just to make the matter clear. It's two teams suiting up for battle, not just one, and the good guys might not be as prepared as their adversaries. Pat, confronting Courtney about what she's doing, wisely cautions again it. Items from the Society might not necessarily protect this young, inexperienced team of heroes from stone-cold killers.
And plus, how do you just ask for things back when they come packaged with superpowered personas? Most teenagers have trouble putting their phones down, let alone world-saving magic gear. Stargirl has always worked as a coming-of-age drama by bundling its superhero tropes up in its high-school ones, and that trend continues here in "The Justice Society". The show's tendency to also juxtapose good-guy development with bad-guy doomsday plotting is also a continuing balancing act.
Because of all this, it doesn't take much to figure out where Stargirl episode 6 is going. Courtney, Rick, Yolanda, and Beth are on a collision course with Paula and Lawrence, aka Tigress and Sportsmaster, all throughout the episode, with Pat waiting in the wings for a day-saving intervention. But the fact this amounts to an excellent fight shows a great deal of promise, as well as coming packaged with the realization that there's some training still to be done, especially since the Injustice Society have their sights set on the new team.
With solid action, strong characters, great balancing, and patient storytelling, Stargirl season 1, episode 6 is a solid example of all the things that this DC Universe/CW show has been consistently getting right throughout its debut season. And it also suggests much more of the same to come, which is all you can really ask for.
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Belgium Beat Denmark 2-1 As Players, Fans Pay Tribute To Christian Eriksen
Substitute Kevin de Bruyne set up one goal and scored the winner himself to give Belgium a 2-1 victory over Denmark in a European Championship game marked by an emotional tribute to Christian Eriksen in the first half.
Belgium Profile | Denmark Profile | Football News
De Bruyne came on after halftime for his first appearance since sustaining a facial fracture in the Champions League final and squared the ball for Thorgan Hazard to equalise in the 55th minute. He then scored in the 71st with a low shot from outside the area.
It was Denmark's first game since Eriksen's collapse, and the hosts started at a furious pace at a raucous Parken Stadium. Yussuf Poulsen scored with a low shot inside the far post in only the second minute.
Players from both teams then halted play after 10 minutes as the 25,000 fans rose for a minute of thunderous applause in tribute to Eriksen, who wears the No. 10 shirt for Denmark's national team.
The players joined the applause as well, as did referee Bjorn Kuipers.
Eriksen remains in a nearby hospital after suffering cardiac arrest in the team's opening game against Finland.
The victory gave Belgium a spot in the round of 16. Denmark can still advance with a win over Russia on Monday if the Belgians beat Finland.
It had all started so well for Denmark.
Carried forward by the largest crowd in Denmark since the government eased pandemic restrictions, the hosts kept pushing forward in wave after wave after the early goal.
Play resumed at a more normal pace after the tribute to Eriksen, but Denmark still had the better chances in the first half.
Things changed completely when De Bruyne came on after the break.
Denmark coach Kasper Hjulmand had said the team's strategy for keeping Belgium striker Romelu Lukaku quiet was to make sure he didn't get the ball in the first place.
And Denmark largely succeeded until the 55th, when Lukaku burst forward down the right flank before passing to De Bruyne. The Manchester City midfielder went around a defender inside the area before teeing up Hazard, who slotted it past a scrambling Kasper Schmeichel.
Eden Hazard, Thorgan's brother, then came on and set up De Bruyne for the second goal. De Bruyne ran toward the Belgium fans but didn't celebrate the goal, pushing in hands down in a calming motion out of respect for Eriksen.
Martin Braithwaite had Denmark's best chances for an equaliser, but his shot was saved by Thibaut Courtois in the 75th and his header glanced against the crossbar in the 87th.
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It's Charlie David's first stop as the new male host of BUMP! as he visits Gay-Paris! To get his bearings, he takes a walking tour of the gayest of Gay Paris, the Le Marais district and visits Absolu Living to book the best gay accommodation that Paris has to offer. Raring to go, Charlie hits-up the annual Rainbow Attitude Expo—a visual feast for the eyes—with everything gay anyone would want under one pink roof. Then it's off to visit some fine art at The Orsay, the world's first and only museum dedicated exclusively to gay-themed art and artifacts. Culturally satisfied, Charlie makes a pit-stop at bar Le Raidd which causes him to really get his hunger on, so he's off to learn the fine art of French cooking. Mastering the culinary arts, he stops by a local restaurant for the world's most decadent chocolate cake. To burn off all of those calories, it's time to party the night away with a bar tour culminating in a visit to Queen, Paris' oldest gay dance club located centrally on the Avenue de Champs Elysses. Gay Paris indeed!