text:
DANIEL M. GROVE STEVE CARTER
Special Assistant to the Public Defender of Indiana Attorney General of Indiana
ELLEN H. MEILAENDER
KEITH PATTON,           )
Appellant-Petitioner,        )
vs.                          )    No. 49A02-0211-PC-975
Appellee-Respondent.         )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Patricia Gifford, Judge
Cause No. CR83-232D
BAILEY, Judge
Appellant-petitioner Keith Patton appeals the denial of his petition for post-conviction relief. We affirm in part, reverse in part, and remand.
Patton raises six issues for review, which we consolidate and restate as follows:
I. Whether our supreme court's reversal of his murder conviction invalidated his guilty plea;
II. Whether several of his convictions violate double jeopardy;
III. Whether his guilty plea to attempted murder was knowing, voluntary, and intelligent; and
IV. Whether he may challenge trial counsel's statements during voir dire regarding his guilty plea.
Shortly after midnight on October 22, 1983, after consuming eighty ounces of beer between them, seventeen-year-olds Patton and Leroy Johnson approached a parked car in Washington Park in Indianapolis. Michael Pack and Dietra Maxey were sitting in the driver's and passenger's seats, and Maxey's four-year-old daughter was sleeping in the back seat. Patton shot out the driver's-side window with a sawed-off twelve-gauge shotgun, seriously injuring Maxey. When Pack attempted to start the car, Johnson shot the passenger's-side rear tire with his sawed-off twenty-gauge shotgun. Patton said, "Don't - - give it up. Don't try it[,]" then fired his shotgun a second time, killing Pack. Trial Tr. at 928. Patton ordered Maxey out of the car and led her away from the scene, leaving her daughter behind. Both Patton and Johnson had sexual, oral, and anal intercourse with Maxey, and Patton inserted his shotgun into Maxey's vagina. See footnote
On October 28, 1983, the State charged Patton with murder See footnote and with two counts of Class A felony rape, See footnote one of which was later dismissed. On November 28, 1983, the State filed an information for death sentence. On January 24, 1984, under a separate cause number, See footnote the State charged Patton with attempted murder, See footnote Class B felony criminal confinement, See footnote three counts of Class A felony criminal deviate conduct, See footnote and dealing in a sawed-off shotgun. See footnote These causes were later consolidated under cause number CR83-232D.
On June 1, 1984, Patton signed a document wherein he agreed to plead guilty as charged, acknowledged that the State would continue to seek the death penalty, and agreed to transfer the consolidated causes from Judge Patricia Gifford to Judge Thomas E. Alsip for guilty plea proceedings. That same day, Judge Gifford appointed Judge Alsip as a special judge to hear the cause. In July 1984, Judge Alsip accepted Patton's guilty plea and sentenced him to death on the murder conviction, thirty years on the rape conviction, and 132 years on the remaining convictions. See footnote
Patton appealed only his murder and rape convictions. In December 1987, our supreme court determined that Patton had protested his innocence to the murder charge at the sentencing hearing and reversed and remanded "for trial on that charge and sentencing on the rape charge." Patton v. State, 517 N.E.2d 374, 376 (Ind. 1987) ("Patton I"). See footnote
Upon remand, the cause was venued to Judge Gifford. Patton unsuccessfully challenged Judge Gifford's jurisdiction. See State ex rel. Patton v. Marion Superior Court, 547 N.E.2d 255 (Ind. 1989) (denying Patton's writ for mandate and prohibition) ("Patton II"). In March 1990, a jury convicted Patton of murder and recommended against the death penalty. Judge Gifford sentenced Patton to sixty years for murder, to be served concurrently with his thirty-year rape sentence and consecutive to the 132-year sentence on his other convictions. Patton then appealed his murder conviction, which our supreme court affirmed. See Patton v. State, 588 N.E.2d 494 (Ind. 1992) ("Patton III").
In 1996, Patton filed pro se a petition for post-conviction relief, which was subsequently amended by counsel. On December 19, 2001, the post-conviction court held a hearing on Patton's petition. On August 22, 2002, the post-conviction court denied Patton's petition. Patton now appeals.
At the outset, we note the appropriate standard of review:
Post-conviction procedures do not afford the petitioner with a super-appeal. Instead, they create a narrow remedy for subsequent collateral challenges to convictions, challenges which must be based on grounds enumerated in the post-conviction rules. Petitioners bear the burden of establishing their grounds for relief by a preponderance of the evidence. If an issue was known and available but not raised on appeal, it is waived. If it was raised on appeal but decided adversely, it is res judicata.
When one appeals the negative judgment of a post-conviction court, the standard is even more rigorous. Petitioners must show that the evidence as a whole, "leads unerringly and unmistakably to a conclusion opposite to that reached by the trial court."
Williams v. State, 706 N.E.2d 149, 153-54 (Ind. 1999) (citations omitted), cert. denied, 529 U.S. 1113 (2000).
I. Invalidation of Guilty Plea
By signing the guilty plea document, Patton indicated that he understood "that the State [was] a party to this document only as it relates to the agreement in Defendant's Motion to Transfer [the cause to Judge Alsip] and the qualifications as set out in rhetorical paragraphs [5 See footnote ](A) and (B) of that document, attached hereto and marked as Exhibit A." Patton I Tr. at 151. Paragraph 5(B) of the motion to transfer provides,
In the event the defendant elects not to plead guilty as charged to all counts as per paragraph [5](A) above, or the plea of guilty is not completed for whatever reason, both the parties agree that this Motion to Transfer is null and void and that the trial by jury will proceed on June 4, 1984 [before Judge Gifford] as scheduled.
Id. at 146. Finally, paragraph 7 of the plea agreement provides, "The agreement embodies the entire agreement between the parties and no promises have been made or inducements given to the defendant by the State which are not part of this written agreement." Id. at 152.
Patton contends that the Patton I court's reversal of his murder conviction invalidated part of the guilty plea agreement. He further contends,
Because part was invalid, the entire plea was invalid and Patton was entitled to a jury trial on all counts. According to [his guilty plea counsel's] understanding of the terms of the plea, if the plea to any single count could not be accepted then the entire case would go back to Judge Gifford for a retrial of every count.
Appellant's Br. at 8.
Patton's claim is without merit. See footnote It is well settled that
[a] plea agreement is a contract, an explicit agreement between the State and defendant which is binding upon both parties when accepted by the trial court. Because a plea agreement is a contract, the principles of contract law can provide guidance in the consideration of plea agreements. The primary goal of contract interpretation is to give effect to the parties' intent. When the terms of a contract are clear and unambiguous, they are conclusive of that intent, and the court will not construe the contract or look to extrinsic evidence. Rather, we will merely apply the contractual provisions.
Griffin v. State, 756 N.E.2d 572, 574 (Ind. Ct. App. 2001) (citations and quotation marks omitted), trans. denied (2002).
We agree with the post-conviction court's conclusion that "[t]he guilty plea was 'completed' as stated in the agreement. The agreement made no specific provision for what would happen if Patton's conviction on one or more counts was later overturned." Appellant's App. at 138. Given that the guilty plea document "embodies the entire agreement between the parties," we cannot conclude that the plea agreement was invalidated by the Patton I court's reversal of his murder conviction.
II. Double Jeopardy
Patton contends that his conviction for dealing in a sawed-off shotgun violates state and federal double jeopardy principles See footnote and that his plea of guilty was therefore unknowing, involuntary, and unintelligent. The State correctly observes that a guilty plea generally acts as a waiver of double jeopardy claims. See, e.g., Mapp v. State, 770 N.E.2d 332, 334-35 (Ind. 2002) ("Plea bargaining is a tool used by both prosecutors and defendants to expedite the trial process. Defendants waive a whole panoply of rights by voluntarily pleading guilty. These include the right to a jury trial, the right against self-incrimination, the right of appeal, and the right to attack collaterally one's plea based on double jeopardy.") (footnote omitted). See footnote As for Patton's contention that his plea was not knowing, voluntary, or intelligent, we note that in the cases on which he relies, the convictions and sentences were vacated because the sentences violated express statutory authority. See Thompson v. State, 634 N.E.2d 775 (Ind. Ct. App. 1994); Sinn v. State, 609 N.E.2d 434 (Ind. Ct. App. 1993), trans. denied. Such is not the case here. Patton has failed to establish that he is entitled to relief on this ground.
III. Attempted Murder
A person may not be convicted of attempted murder without proof that the person specifically intended to kill his victim. Spradlin v. State, 569 N.E.2d 948, 949-50 (Ind. 1991). Patton was never advised prior to the entry and acceptance of his guilty plea that the State, in order to obtain a conviction for attempted murder, was required to prove that Patton specifically intended to kill Maxey when he shot into the vehicle. Patton argues that his plea of guilty to the attempted murder charge was therefore invalid.
Before a trial court may accept a defendant's guilty plea, the trial court must find that the defendant understands the nature of the charge against him. I nd. Code § 35-35-1-2(c)(1). This is because a defendant's guilty plea is not valid unless it is knowing, voluntary, and intelligent. Davis v. State, 675 N.E.2d 1097, 1102 (Ind. 1996). A plea of guilty is not "voluntary in the sense that it constitute[s] an intelligent admission that [a defendant] committed the offense unless the defendant received 'real notice of the true nature of the charge against him, the first and most universally recognized requirement of due process.'" Henderson v. Morgan, 426 U.S. 637, 645 (1976) (quoting Smith v. O'Grady, 312 U.S. 329, 334 (1941)). A trial court does not need to advise a defendant of the specific elements of an offense to find that the defendant understands the charge. DeVillez v. State, 275 Ind. 263, 416 N.E.2d 846, 849 (1981)). A trial court must, however, confirm that the defendant is "aware" of the elements of the offense. State v. Sanders, 596 N.E.2d 225, 228 (Ind. 1992), cert. denied, 507 U.S. 960 (1993). A defendant may be sufficiently aware of an element in the absence of a specific advisement when the defendant acknowledges his guilt of the offense on the basis of facts that establish his guilt of the particular element in question. See id. See footnote
This Court applied these principles in Howse v. State, 672 N.E.2d 441 (Ind. Ct. App. 1996), trans. denied (1997). In Howse, as here, the defendant pleaded guilty to attempted murder for shooting a man. He later claimed that his plea was involuntary because he had not been told that the charge required proof that he specifically intended to kill his victim. We concluded that despite the lack of a specific advisement, Howse was sufficiently aware of this element. In particular, we recognized that "[t]he intent to commit murder may be inferred from the deliberate use of a deadly weapon in a manner likely to cause death or great bodily harm." Id. at 444. We noted that during the guilty plea hearing, Howse admitted facts that supported the inference that he acted with the requisite intent to kill. In particular, Howse admitted that he fired two shots at his victim. We concluded that this admission was sufficient to show that Howse understood the nature of his attempted murder charge and was aware of the elements of the offense, including the requirement that the State prove his specific intent to kill his victim. Id. See footnote
In this case, Patton was never told that the State, in order to obtain a conviction for attempted murder, would have to prove that Patton specifically intended to kill Maxey when he shot into the vehicle. Moreover, while the prosecutor read the charging information to Patton, the information alleged only that Patton "knowingly" tried to kill Maxey. His verbal acknowledgment of the truth of the allegation therefore did not establish his awareness of the specific intent to kill requirement. Further, unlike in Howse, Patton's understanding of this element was not supported by an acknowledgement of guilt on the basis of facts giving rise to the inference that Patton specifically intended to kill Maxey. Patton admitted to shooting into the vehicle but never acknowledged that he shot at Maxey or that he knew Maxey was in the vehicle when he shot.
Thus, Patton was not sufficiently aware that the State had to prove his specific intent to kill Maxey, and he therefore did not sufficiently understand the nature of the charge to which he pleaded guilty. We therefore reverse the denial of post-conviction relief on this ground and remand with instructions to grant Patton a new trial on the attempted murder charge.
IV. Voir Dire Statements
Patton claims that during voir dire, his trial counsel informed prospective jurors (including several seated jurors) of his prior guilty plea and our supreme court's reversal of his murder conviction. Patton contends that trial counsel's actions are fundamental error See footnote and warrant a retrial.
Our supreme court recently emphasized that "[i]n post-conviction proceedings, complaints that something went awry at trial are generally cognizable only when they show deprivation of the right to effective counsel or issues demonstrably unavailable at the time of trial or direct appeal." Sanders v. State, 765 N.E.2d 591, 592 (Ind. 2002). The State points out that Patton failed to raise this issue in appealing his murder conviction in Patton III. In his reply brief, Patton claims for the first time that "this claim was not available on direct appeal [because the] voir dire phase of the trial was not transcribed and included in the Record of Proceedings filed in [Patton III.]" Appellant's Reply Br. at 5.
We first observe that "a party cannot raise an argument for the first time on appeal in its reply brief." State v. Friedel, 714 N.E.2d 1231, 1243 (Ind. Ct. App. 1999). Moreover, Patton has failed to establish that this issue was demonstrably unavailable on appeal; appellate counsel could have requested a transcript of the voir dire proceedings but did not do so. Consequently, we must decline to address Patton's fundamental error claim and affirm the denial of post-conviction relief on this ground.
Affirmed in part, reversed in part, and remanded.
NAJAM, J., concurs.
BROOK, C.J., concurs in part and concurs in result in part with separate opinion.
COURT OF APPEALS OF INDIANA
KEITH PATTON, )
Appellant-Petitioner, )
vs. ) No. 49A02-0211-PC-975
Appellee-Respondent. )
BROOK, Chief Judge, concurring in part and concurring in result in part
In my view, if the concept of an intelligent guilty plea is to have any meaning in an attempted murder context, then a defendant must be aware that the State would have to prove that he specifically intended to kill the victim. Without more, a defendant's admission to a factual basis that would support an attempted murder conviction is wholly insufficient in this regard. See footnote As did Judge Sullivan in Howse, "I find it strange indeed that a guilty plea may be accepted without the information as to specific intent required to be given a jury being imparted to the defendant whether by trial court advisement or otherwise." Howse, 672 N.E.2d at 445 (Sullivan, J., dissenting). The trial court gave Patton no such advisement here. Consequently, I concur in result as to the majority's reversal of Patton's attempted murder conviction and remand for a new trial. In all other respects, I fully concur in the majority's opinion.
Footnote: Patton describes the encounter as follows: "Two black males approached the car and fired shotguns into it. The driver was killed. The woman was taken from the car and sexually assaulted." Appellant's Br. at 4. Given Patton's admitted involvement in these deadly and disturbing events, this grossly inadequate statement of the facts is not well taken. We remind Patton's counsel that he must state the facts "in accordance with the standard of review appropriate to the judgment or order being appealed." Ind. Appellate Rule 46(A)(6)(b).
Footnote: Ind. Code § 35-42-1-1. For ease of reference, all statutory citations refer to the current codification of the relevant statutes.
Footnote: The State initially filed these charges in juvenile court and successfully sought waiver of jurisdiction to adult court.
Footnote: Ind. Code §§ 35-42-1-1 (murder), 35-41-5-1 (attempt).
Footnote: Ind. Code § 35-47-5-4.1.
Footnote: Judge Alsip sentenced Patton to consecutive terms of thirty years for attempted murder, ten years for criminal confinement, thirty years for each count of criminal deviate conduct, and two years for dealing in a sawed-off shotgun.
Footnote: See Patton I, 517 N.E.2d at 376 ("In Indiana we will not execute people who plead guilty and then protest innocence at their sentencing hearing. When the trial court heard Patton's claim of innocence, it should have set the matter for trial. The way to resolve the factual questions raised by Patton at sentencing is through submission to a trier of fact.").
Footnote: The guilty plea document refers to "rhetorical paragraphs 6(A) and (B)", but this is obviously a scrivener's error.
Footnote: We do not address the State's contention that Patton's claim is either precluded under law of the case doctrine or waived because of his failure to raise it prior to his murder trial. Our review is somewhat complicated by the Patton I court's reversal of his murder conviction despite the "long-standing principle that 'a conviction based upon a guilty plea may not be challenged by motion to correct errors and direct appeal.'" Tumulty v. State, 666 N.E.2d 394, 395 (Ind. 1996) (quoting Weyls v. State, 266 Ind. 301, 302, 362 N.E.2d 481, 482 (1977)); cf. Ind. Code § 35-50-2-9 (providing for automatic review of death sentence by supreme court). Given the unusual disposition of Patton I, we decline to determine whether Patton should have sought rehearing to request a new trial on all counts or made such a request of Judge Gifford prior to his murder trial.
Footnote: See U.S. Const. amend. V ("nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb"); Ind. Const. art. I, § 14 ("No person shall be put in jeopardy twice for the same offense.").
Footnote: Patton cites Channell v. State, 658 N.E.2d 925 (Ind. Ct. App. 1995), trans. denied (1996), for the proposition that double jeopardy violations are fundamental error. Our supreme court has stated that "[t]he issue of fundamental error is better determined on a case by case basis." Taylor v. State, 717 N.E.2d 90, 95 n.7 (Ind. 1999). At most, Patton would be entitled to the vacation of his conviction and two-year sentence for dealing in a sawed-off shotgun, which is obviously de minimis in view of his aggregate sentence. On a related note, Patton contends that his convictions for rape, criminal deviate conduct, and criminal confinement should be reduced because they were enhanced by the element of "committed while armed with a deadly weapon." While enhancement of one offense for the very same behavior or harm as another is impermissible, nothing prohibits conviction and sentencing for multiple crimes with a common element. See Carrico v. State, 775 N.E.2d 312, 314 (Ind. 2002).
Footnote: In Sanders, the defendant pleaded guilty to manslaughter as a lesser-included offense of his murder charge. He was never advised of the elements of involuntary manslaughter, and in particular was not told of the offense he was alleged to have attempted to commit when he killed his victim. See Ind. Code § 35-42-1-4(c) ("A person who kills another human being while committing or attempting to commit . . . a Class C or Class D felony that inherently poses a risk of serious bodily injury; . . . a Class A misdemeanor that inherently poses a risk of serious bodily injury; or . . . battery . . . commits involuntary manslaughter, a Class C felony.") The Indiana Supreme Court found, however, that the defendant sufficiently understood the elements of the charge because the defendant acknowledged "that he recklessly pointed a shotgun at [the officer]." Sanders, 596 N.E.2d at 228.
Footnote: Judge Sullivan dissented in Howse, finding it "strange indeed that a guilty plea may be accepted without the information as to specific intent required to be given a jury being imparted to the defendant whether by trial court advisement or otherwise," in light of the rule that "before a jury may convict [a defendant] of attempted murder it must be instructed that the act was committed with the specific intent to kill." 672 N.E.2d at 445 (Sullivan, J., dissenting) (citing Spradlin, 569 N.E.2d 948). We find the reasoning behind Judge Sullivan's concerns to be compelling, but recognize that, as noted above, the precedent from our supreme court plainly holds that a trial court does not need to advise a defendant of the specific elements of an offense to find that the defendant understands the charge. See Sanders 596 N.E.2d at 228; DeVillez, 416 N.E.2d at 849. Of course, the best practice in a guilty plea setting is for the trial court to specifically advise and receive acknowledgement from the defendant that he heard and understands the nature of each and every element of the crime to which he is pleading guilty. Because of the critical need to ascertain whether the plea has been given knowingly, voluntarily and intelligently, we implore trial courts to follow this practice.
Footnote: In the case Patton cites for this proposition, the State introduced statements from the appellant's guilty plea hearing at trial. See Tyree v. State, 518 N.E.2d 814 (Ind. Ct. App. 1988).
Footnote: The Howse majority observed that "[t]he intent to commit murder may be inferred from the deliberate use of a deadly weapon in a manner likely to cause death or great bodily harm." Howse, 672 N.E.2d at 444. It is important to note, however, that this point of law was culled from a case in which the defendant challenged the sufficiency of the evidence supporting his attempted murder conviction, not the validity of a guilty plea. See Allen v. State, 575 N.E.2d 615, 616 (Ind. 1991). A defendant may deliberately use a deadly weapon with the intent to intimidate or injure another person or even in a reckless manner; for this reason, I believe that a defendant cannot intelligently plead guilty to the more serious crime of attempted murder without being aware of the corresponding specific intent to kill.


text:
package org.apache.hadoop.ha;

import java.io.IOException;
import java.net.InetSocketAddress;
import java.util.Map;

import javax.net.SocketFactory;

import org.apache.hadoop.classification.InterfaceAudience;
import org.apache.hadoop.classification.InterfaceStability;
import org.apache.hadoop.conf.Configuration;
import org.apache.hadoop.fs.CommonConfigurationKeysPublic;
import org.apache.hadoop.ha.protocolPB.HAServiceProtocolClientSideTranslatorPB;
import org.apache.hadoop.ha.protocolPB.ZKFCProtocolClientSideTranslatorPB;
import org.apache.hadoop.net.NetUtils;

import com.google.common.collect.Maps;

/**
 * Represents a target of the client side HA administration commands.
 */
@InterfaceAudience.Public
@InterfaceStability.Evolving
public abstract class HAServiceTarget {

  private static final String HOST_SUBST_KEY = "host";
  private static final String PORT_SUBST_KEY = "port";
  private static final String ADDRESS_SUBST_KEY = "address";

  /**
   * @return the IPC address of the target node.
   */
  public abstract InetSocketAddress getAddress();

  /**
   * @return the IPC address of the ZKFC on the target node
   */
  public abstract InetSocketAddress getZKFCAddress();

  /**
   * @return a Fencer implementation configured for this target node
   */
  public abstract NodeFencer getFencer();

  /**
   * @throws BadFencingConfigurationException if the fencing configuration
   * appears to be invalid. This is divorced from the above
   * {@link #getFencer()} method so that the configuration can be checked
   * during the pre-flight phase of failover.
   */
  public abstract void checkFencingConfigured()
      throws BadFencingConfigurationException;

  /**
   * @return a proxy to connect to the target HA Service.
   */
  public HAServiceProtocol getProxy(Configuration conf, int timeoutMs)
      throws IOException {
    Configuration confCopy = new Configuration(conf);
    // Lower the timeout so we quickly fail to connect
    confCopy.setInt(CommonConfigurationKeysPublic.IPC_CLIENT_CONNECT_MAX_RETRIES_KEY, 1);
    SocketFactory factory = NetUtils.getDefaultSocketFactory(confCopy);
    return new HAServiceProtocolClientSideTranslatorPB(
        getAddress(),//获取远程RPC Server的地址,需要有抽象类的具体实现去决定
        confCopy, factory, timeoutMs);
  }

  /**
   * @return a proxy to the ZKFC which is associated with this HA service.
   */
  public ZKFCProtocol getZKFCProxy(Configuration conf, int timeoutMs)
      throws IOException {
    Configuration confCopy = new Configuration(conf);
    // Lower the timeout so we quickly fail to connect
    confCopy.setInt(CommonConfigurationKeysPublic.IPC_CLIENT_CONNECT_MAX_RETRIES_KEY, 1);
    SocketFactory factory = NetUtils.getDefaultSocketFactory(confCopy);
    return new ZKFCProtocolClientSideTranslatorPB(
        getZKFCAddress(),
        confCopy, factory, timeoutMs);
  }

  public final Map<String, String> getFencingParameters() {
    Map<String, String> ret = Maps.newHashMap();
    addFencingParameters(ret);
    return ret;
  }

  /**
   * Hook to allow subclasses to add any parameters they would like to
   * expose to fencing implementations/scripts. Fencing methods are free
   * to use this map as they see fit -- notably, the shell script
   * implementation takes each entry, prepends 'target_', substitutes
   * '_' for '.', and adds it to the environment of the script.
   *
   * Subclass implementations should be sure to delegate to the superclass
   * implementation as well as adding their own keys.
   *
   * @param ret map which can be mutated to pass parameters to the fencer
   */
  protected void addFencingParameters(Map<String, String> ret) {
    ret.put(ADDRESS_SUBST_KEY, String.valueOf(getAddress()));
    ret.put(HOST_SUBST_KEY, getAddress().getHostName());
    ret.put(PORT_SUBST_KEY, String.valueOf(getAddress().getPort()));
  }

  /**
   * @return true if auto failover should be considered enabled
   */
  public boolean isAutoFailoverEnabled() {
    return false;
  }
}

redpajama_set_name: RedPajamaGithub


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text:
Q: Gain Resolution after delta-sigma (ΔΣ) analog-to-digital converter (ADC) Is it possible (effective) to do oversampling and apply extra Moving Average Filter with a delta-sigma (ΔΣ) analog-to-digital converter (ADC)?
More detailed: The ADC (ADS1258) I chose has an effective resolution of 19.5 Bit at a sampling rate of 23.7kSPS/Channel. I need that high sampling rate for a feedback; however the final output can be at data rate of 500 to 1k Hz and must have more effective Bits (22 – 24 Bit).
I know that the ADC applies internally 5 cascaded windowed moving average filters which make it very inefficient to gain further resolution Bits (The noise is than correlated). But then there is the down sampling applied at the end of the ADC.

A: If I read your question correctly you can decimate after your ADC and get resolution gains (as you can do with any ADC). For each additional bit of resolution to be gained, you decimate/average 4 samples so, 23.7k divided by 4 gets a decimated rate of 5.925k and the resolution increases from 19.5 bits to 20.5 bits.
Decimate by 4 again and you get a sample rate of 1.48125k and a resolution of 21.5 bits. The extra half bit of resolution can come from decimating by a further 2:1.
Here is an Atmel document that explains it and I hope I haven't misunderstood your question.

A: That's a high resolution to shoot for.  The sigma delta is, by it nature, oversampling already, and I suspect you'll have a difficult time getting better resolution, but it will depend upon the nature of your signal.
Do you really need 22 bits of dynamic range, or can you simply amplify?

redpajama_set_name: RedPajamaStackExchange


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What The Furkini Is Up With Kim Kardashian?
Kim Kardashian is in hot water with animal activists yet again - this time over a fur bikini.
On Tuesday, Kardashian tweeted photos, taken by husband Kanye West, of herself standing in the snow wearing what appeared to be a fur bikini and furry boots. While it remains unconfirmed whether or not the fur was real, PETA tweeted a response from its Senior Vice President Dan Mathews: "Sad someone so beautiful chooses to create such an ugly legacy."
This is not the first time Kardashian has been criticized by PETA for her lack of animal-consciousness. Last August, the organization was irate when she shared a video of herself swimming with captive dolphins.
The Dodo has requested comment from Kardashian's publicist, but did not immediately receive a response.


text:
Neil Aldridge / Slow motion shot of Osprey (Pandion haliaetus) diving for and flying off with fish, Rothiemurchus, Cairngorms National Park, Scotland, UK, July.
John Shaw / Osprey (Pandion haliaetus) landing at its nest in a Bald cypress tree (Taxodium distichum) draped with epiphytic Spanish moss (Tillandsia usneoides). Blue Cypress Lake, Florida, USA. April.
John Shaw / Osprey (Pandion haliaetus) with Atlantic needlefish (Strongylura marina) it has caught. Blue Cypress Lake, Florida, USA, April.
SCOTLAND: The Big Picture / Osprey (Pandion haliaetus) fishing. Rothiemurchus, Cairngorms National Park, Scotland, UK.
John Chan / Osprey (Pandion haliaetus) feeding on a fish, perched on a dead branch, Bolsa Chica Ecological Reserve, California, USA, October.
Danny Green / Osprey (Pandion haliaetus) in flight catching a fish, Finland, July
George Sanker / Osprey (Pandion haliaetus) with two Alewife (Alosa pseudoharengus) just caught in the Atlantic Ocean. Acadia National Park, Maine, USA. June.
SCOTLAND: The Big Picture / Osprey (Pandion haliaetus) fishing, Rothiemurchus, Cairngorms National Park, Scotland, UK, July.
SCOTLAND: The Big Picture / Osprey (Pandion haliaetus) male flying with talons outstretched, Glenfeshie, Cairngorms National Park, Scotland, UK, May.
Bence Mate / Osprey (Pandion haliaetus) in flight with nesting material, Hungary, July. Nominated in the Telephoto category of the Terre Sauvage Nature Images Awards competition 2015.
Juergen Freund / Chambered nautilus (Nautilus pompilius) with red whip coral. Osprey Reef, Great Barrier Reef, Queensland, Australia.
Peter Cairns / 2020VISION / Osprey (Pandion haliaetus) feeding on a fish in heavy rain, Cairngorms National Park, Scotland, UK, July.
Ann & Steve Toon / Osprey (Pandion haliaetus) catching trout, Rothiemurchus estate, Cairngorms, Scotland, UK, July
Claudio Contreras / Osprey (Pandion haliaetus) with fish catch, Cabo Pulmo National Park, Sea of Cortez (Gulf of California), Mexico, July
David Tipling / Osprey (Pandion haliaetus) eating fish Florida Everglades, USA
Peter Cairns / 2020VISION / Osprey (Pandion haliaetus) perched on branch, holding stick in its foot, Cairngorms National Park, Scotland, UK, July.
Peter Cairns / 2020VISION / Osprey (Pandion haliaetus) fishing, Cairngorms National Park, Scotland, UK, July.
Peter Cairns / 2020VISION / Osprey (Pandion haliaetus) at surface of a loch after diving for a fish, Cairngorms National Park, Scotland, UK, July.
Peter Cairns / 2020VISION / Osprey (Pandion haliaetus) with fish prey on feeding perch, Cairngorms National Park, Scotland, UK, July.
Peter Cairns / 2020VISION / Osprey (Pandion haliaetus) eating fish prey, Cairngorms National Park, Scotland, UK, July.
Claudio Contreras / Osprey (Pandion haliaetus) flying with fish prey, Ria Lagartos Biosphere Reserve, Yucatan Peninsula, Mexico, August.
Juan Carlos Munoz / Osprey (Pandion haliaetus) in flight with caught fish. Everglades National Park, Florida, USA, August.
Andy Rouse / 2020VISION / Osprey (Pandion haliaetus) male (Monty) perched. Dyfi Estuary, Wales, UK, April. Taken with a Schedule 1 license from Countryside Council of Wales.
David Tipling / 2020VISION / Osprey (Pandion haliaetus) adult landing at nest with chick in Manton Bay. Rutland Water, UK, July. Burley House in background
David Tipling / 2020VISION / Soon to fledge Osprey (Pandion haliaetus) chick after being ringed by Tim Appleton, Site Manager at Rutland Water. UK, June.
David Tipling / 2020VISION / Tim Appleton, Site Manager at Rutland Water, ringing a soon to fledge Osprey (Pandion haliaetus) chick from nest close to Rutland Water. UK, June.
Markus Varesvuo / Osprey (Pandion haliaetus) in flight carrying twig for nest, Vaala, Finland, June
Ross Hoddinott / 2020VISION / Birdwatcher standing by a bench scanning for a visiting Osprey, Arne RSPB reserve, Dorset, England, UK, September. Model released.
Ross Hoddinott / 2020VISION / Birdwatcher sitting on a bench scanning for a visiting Osprey, Arne RSPB reserve, Dorset, England, UK, September. Model released.
Andy Rouse / Osprey (Pandion haliaetus) young male 'Einion' in flight. The bird is wearing a radio tracker. Dyfi Estuary, Wales, August. It is the first time ospreys have bred at this location for 400 years.
Andy Rouse / Osprey (Pandion haliaetus) youngster landing in grass. Dyfi Estuary, Wales, August. It is the first time ospreys have bred at this location for 400 years.
Andy Rouse / Osprey (Pandion haliaetus) newly fledged young on perch. Dyfi Estuary, Wales, August. It is the first time ospreys have bred at this location for 400 years.
Peter Cairns / 2020VISION / Osprey (Pandion haliaeetus) fishing at dawn, Cairngorms NP, Highland, Scotland, UK, July. 2020VISION Book Plate.
Peter Cairns / 2020VISION / Osprey (Pandion haliaeetus) in flight, fishing at dawn, Rothiemurchus forest, Cairngorms NP, Scotland, UK, July. 2020VISION Book Plate.
Peter Cairns / 2020VISION / Osprey (Pandion haliaeetus) in flight, fishing at dawn, Rothiemurchus forest, Cairngorms NP, Scotland, UK, July. Photographer quote: ""This female, caught at first light, has two hungry chicks waiting...
Terry Whittaker / 2020VISION / Reserve Manager Tim Appleton, Osprey Project Manager Tim Mackrill, Field Officer John Wright and Assistant Warden Lloyd Park check nesting islands and rafts at the Anglian Birdwatching Centre, using a...
Terry Whittaker / 2020VISION / Young boy with the same birthday as male Osprey 5R watching the Manton Bay osprey pair (including 5R) from the Waderscrape hide, Lyndon Visitor Centre, Rutland Water, Rutland, UK, April 2011
Andy Rouse / Osprey (Pandion haliaetus) landing on a branch. Wales, UK, March.
Andy Rouse / Osprey (Pandion haliaetus) in flight. Wales, UK, April.
Fergus Gill / Osprey (Pandion haliaetus) flying through a rainbow. Aviemore, Scotland, July.
Marie Read / Osprey (Pandion haliaetus) taking flight from tufa tower carrying a fish, Mono Lake, California, USA
Markus Varesvuo / Osprey (Pandion haliaetus) hitting the surface of the lake, whilst hunting for fish, Kangasala, Finland, Scandinavia, April. Magic Moments book plate.
Wild Wonders of Europe / Cairns / Osprey (Pandion haliaetus) in flight with fish, Kangasala, Finland, August 2009 WWE BOOK, WWE INDOOR EXHIBITION
Wild Wonders of Europe / Cairns / Splash in water made by Osprey (Pandion haliaetus) fishing, Kangasala, Finland, August 2009
Wild Wonders of Europe / Cairns / Osprey (Pandion haliaetus) in flight carrying fish, Kangasala, Finland, August 2009
Wild Wonders of Europe / Cairns / Osprey (Pandion haliaetus) fishing, Kangasala, Finland, August 2009
Wild Wonders of Europe / Cairns / Osprey (Pandion haliaetus) fishing, Kangasala, Finland, August 2009. Winner of 2010 Nature's Best Competition. WWE OUTDOOR EXHIBITION. Wild Wonders kids book.

redpajama_set_name: RedPajamaCommonCrawl


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The 20-year-old, from Cantley, beat Gustavo Fernandez of Argentina 7-6 (7/2) 6-1 in the singles semi-finals but he and Reid were forced to wait after their doubles final was held up because of rain.
The match was then moved to Arthur Ashe Stadium under the roof but, because it began a couple of hours after the end of the women's final, all the spectators had left and it was played virtually behind closed doors.
Hewett and Reid, who have also won the last three titles at Wimbledon, recovered from a set down to defeat French pair Stephane Houdet and Nicolas Peifer 5-7 6-3 11-9.
The British duo were unable to take six match points after leading 9-3 in the deciding match tie-break but clinched it on the 11th chance.
Hewett will face Japan's world number one Shingo Kunieda in the singles final on Sunday.
Britain's Andy Lapthorne, meanwhile, was victorious in the quad doubles final, teaming up with American David Wagner to beat Dylan Alcott and Bryan Barten 3-6 6-0 10-4.


Covelli Loyce "Coco" Crisp (1979) is a big-league, switch-hitting center fielder for the Oakland A's. Coco Crisp – yes, that's cerealsly his name. Get it – cerealsly?
Anyway, this is gonna be a pun one, folks. I hope I get a few Snickers out of y'all. Originally nicknamed Coco by his siblings due to his apparent resemblance to one of the characters on the Cocoa Krispies cereal box, Covelli would not be nicknamed Coco in earnest until he started playing AA baseball. His team had players fill out a questionnaire to get to know one another, and C. Loyce Crisp listed Coco as his nickname on the form. His teammates, thinking the sweet nickname was funny, had it put up on the scoreboard during a game. The nickname stuck like M&M's (or Smarties, if your name's Lavitt) to your fingers on a hot summer day, and he's been Coco Crisp ever since. I guess since they're still calling him that, it's pretty clear that people haven't milked the nickname for all it's worth yet.
Mark Grace wishes he could grow hair like that. Excellent 'do!
Anyway, onto Coco's baseball career. It's really a shocker, given the chocolatey nickname, that he didn't end up throwing on big league Mounds across the nation. Although not an incredible player, Crisp has put up good numbers in 12 big league seasons, amassing over 1300 hits, 100 homers, and nearly 300 stolen bases. He's also a one time World Series champion and has led the league in stolen bases and sacrifice hits one time each.
Coco has also been involved in some interesting incidents in his career. He was once almost run over by the Mariners' mascot, the Mariner Moose, while the Moose was driving around the field on his ATV between innings. Coco had to jump out of the way to avoid being hit. Does that make him one of the Three Mooseketeers?
Coco also charged the mound during a 2008 game, sparking a bench-clearing brawl. In the brawl, he ended up breaking the pitcher into 750 Reese's Pieces. Kidding, kidding…but I'm sure he wasn't feeling any Almond Joy when he was suspended 7 games (reduced to 5 on appeal) for his antics.
Coco is of Afro-Puerto Rican descent, with a touch of Italian ancestry. He is married and has three children.
I know. That's a fantastic head of hair, to go with an incredible name! Lucky guy!
His most hair-raising incident? When teammate Dee Haynes introduced him to yours truly at the New Haven Ravens (AA Eastern League) 2001 "Meet the Team" dinner. The rest is history.
That's awesome! I can't believe you've met COCO CRISP!!!
That was before anyone knew who he was. He only played half the season here in New Haven that year before being traded to another organization.
That's awesome, Coco Crisp and the New Haven Ravens both have a nice ring to them as well.
Also, I am posting a link to this story on The New Haven Ravens Alumni Team page on Facebook. It will follow a story on there about the retirement of probably the most accomplished ex-Raven of all time, possible future Hall-of-Famer Todd Helton. I never did meet him, but saw him play many times here.
Sadly the Ravens were sold and moved away after the 2003 season. I still miss them. Oh, and correction, it was 2002 when Coco played for the Ravens. Dee Haynes was one of several players who stayed with us in our role as host family during the Ravens 10-year tenure.
Todd Helton is a classy guy! Can't believe his career ends Sunday. I remember when he was one of the scariest hitters in the game.
Darn, now that Rob titled it my white album goof doesn't work anymore.
Well, before they totally jump the shark, I hope at least once to take it to the next level: write blurbs for my own blurbs, and go out in a blaze of gratuitous, self-indulgent, self-referential glory.
Very cool. Going out in a blaze of anything is for sure a fun show.
Thanks, guys! I love making this kind of stuff up. I have a much harder time with reality. But seriously, the post was great.
Smarties !!! Nice one, Carlson. You know how much I love my (Canadian) chocolate in the mornings! You crack me up.
Does that mean you want to (Hershey's) Kiss him?!?
You know very well that any Mars-velous thoughts I may have about (Hershey's) Kisses involve a certain other Mr. Goodbar.
Ooooohhh, I feel the deep pangs of rejection here, Amb. Meanie!
First of all, my Sweet (Marie), I don't know nearly enough esoteric baseball trivia to make you happy. Second, I'm officially out of chocolate bar puns.
Hahaha yes it could! That is not one of my requirements. I do hope to meet someone who is baseball-tolerant and at least knows the rules though! it would be difficult to date a girl who isn't down for a game at least once in awhile.
Chocolate puns and baseball fun. Glad the Mariner Moose didn't take out the star of today's post.
Are you a Mariners' fan, Fannie?
Since their inception. 🙂 Win or lose, I attend at least one game a year.
Awesome! You sound like a diehard. 😉 Are you familiar with the Seattle Pilots? They were a Major League team for one year before moving to Milwaukee. Their biggest claim to fame is being a major subject of sports' first real tell-all book, Ball Four, by Jim Bouton.
I remember the Pilots, but I'd never heard of the book before. I'll have to check it out. And where Sick Stadium once stood is now a big box hardware store with only a plaque in the parking lot. Sigh.
That is sad! Although it wasn't one of baseball's most beloved stadium's. Ball four is a great book, though.
The Mariners were the parent club of the New Haven Ravens c. 1999-2000. I have a Mariners jacket given to me by ex-major league outfielder Henry Cotto who was the hitting coach for the Ravens those two years. Henry is now a roving minor league instructor for the SF Giants.
That is so cool. I didn't know that bit of history.
I'm impressed you have an M's jacket given to you by Henry Cotto.
He sure doesn't look like no Butterfinger! Nice post, Chocolate Rob!
Thanks…ummm…Sauna Arto! 🙂 Have you ever tried to eat M&M's in a savusauna? That sounds like a sticky proposition.
It sounds most sticky indeed – though they may become infused with a pleasant smoky flavor so might be worth a shot after all!
Haha! Smoky M&Ms, sounds tasty.
I agree. I think the two of you should See's the day by cornering the cereal (and chocolate) market. You go Liz and Rob!
Gotta love them Fruity Pebbles!
It's good that Mariner Moose didn't Rolo-ver him! Your puns make you sound like a Smarty pants.
Haha, indeed! I was actually trying to think of a Rolo pun, but couldn't come up with anything. Good work!


I reviewed BeatofIndia a few days back and honestly, I am very impressed with the whole idea. It takes real guts and courage to do some work at the grassroot level and most importantly, impact the lives of so many Indians.
Here is presenting our interview with one of the founders, Shefali Bhushan.
Please tell us more about BeatofIndia. How it started? And if possible, a little bit about your past prior to BeatofIndia.
Beat of India arose out of an effort to work with music. After tiring of trying to find options for working on music on the Television medium, we decided to explore the internet for its growing audio video potential.All of us work in different areas, I was doing documentaries, both independent and for TV. One of my partners N K Sharma is a theatre director, conceptually, Beat of India was his idea. Another partner Prabhat Agarwal is an Enterpreneur, he provided the necessary business guidance and I was the one who took it on as a full time task.
Could you please share the operational details? Who visits these villages, records the music, digitizes the music?
We work with a very low cost model. I am part of the team (of 3-4) who visits the villages. We try to involve at least one local person with knowledge of local traditions with the team. We do all the post-production back in Delhi, in-house.
What are the other challenges that you people have faced?
Challenges are trying to market the music. In a world where advertising creates products… it is hard to survive without big monies.
Do you people get ample support from folk singers?
Yes, they open their houses to us and welcome us with open arms. They are also finding it hard to carry on the traditions so any glimmer of hope is a Godsend for them.
Have you raised any fundings? Private or Govt.?
Could you please share your financial state? When do you think you will break-even? Are you looking for some funding?
We are at an operational break-even, ie we meet our operational costs but it will take us a few more years to recover our investments. We are always open to funding.
Please share few of the big positives feedbacks/stories [from listeners as well as folk singers].
You people remind me of Rang de Basanti heroes! While others crib about the situation [and do nothing], you have taken the initiative! What drives you people to address this market?
Passion for the music and a desire to see it becoming popular as it once was.
In general. working at a grassroot level requires lot of personal sacrifice? Please share your experience.
I wouldn't term it personal sacrifice at all. One does it because that is what one loves to do. In the course of this work one has had very enriching experiences.
Don't be in a hurry, do not lose patience. Things take time to find their space. Do not feel scared to try out an unusual idea if you feel passionate about it. Use the medium of the internet, its a low cost and fantastic tool.
If you have any questions for Shefali or other founders, please leave them in the comments section.
Successful startup needs 2.09 founders to make it big!


How is summer flying by so quickly? It seems like just yesterday we were in Punta Cana. For the first time in a long time, I actually had a clear mind. My brain is usually pinging from one idea to the next all day, and it was nice to have radio silence for a change. I guess that's why vacation is so good for your body, mind and soul. Since we came home, I have renewed energy and with a clear mind to get back to the daily grind.
In my Punta Cana post, I mentioned my insecurities with my weight, and learning to love my body once and for all. The other day it occurred to me that I have not weighed myself in over six months. I'm a little on the muscular side and have always weighed more than other women my height, so the number on a scale is subjective for me anyway. So why would I want to know my weight? Partly morbid curiosity, and partly because I was wiping down the scale as I cleaned the bathroom and wanted see if the batteries still worked.
I was shocked. I've lost 20lbs since I last weighed myself in early January. Twenty. Pounds. I am actually down to my wedding weight. Albeit, not the same dress size, but I'll take it!
Have I been intentional in my weight loss? I wish I could say I am actively meeting some personal goals, but no, this was not intentional.
Cleaning aside, what has mostly contributed to my unexpected weight loss are the outdoor activities. I walk the dogs twice a day, every day. (Those dogs have me well-trained). I also do all the mowing at our house…and I LOVE love doing it! Mowing our large yard, and the steep incline by the retention ponds (over 150 linear feet of steep inclines, to be exact), is not easy, and the workout is compounded by the Florida sun. The other day I almost passed out because I didn't know we had a 106° heat index. Whoops. I could spend hours each day in the garden. I just love it!
Yesterday, I ripped out all of the society garlic from our mailbox planter and replaced them with Apricot Drift roses. These roses are adorable and they will stay a manageable size at only 1.5 feet high. I can't wait to see more blooms! They're different than the Knock Out roses in that they don't grow as large, are more compact, and they have more blooms and leaves overall.
Even though I was done digging out the old plants and replacing them with these roses before 9am, I was drenched with sweat. It was an intense workout, and I'm happy that I'm burning calories doing something that I absolutely love! My shoulders and arms are still sore this morning.
I just learned about drift roses (aka groundcover roses), and given that this mailbox gets at LEAST 8 hours of direct sun, I knew this would be my next venture. Roses are one of the few flowering plants that can tolerate this much sun (and humidity) so it was a no-brainer. I gave the society garlic a year in the garden, however, a quarter of the plants were sun-fried while another quarter of them were accidentally killed by me using Preen.
So what's next for me? Needless to say, I was pretty surprised at this unintentional weight-loss, but since I've come this far, it would be dumb for me not to capitalize on it and jump start a more tone physique. I'm starting to plan my weight-lifting schedule for toned muscles. Cardio is my least favorite form of exercise, but since I'm actively fulfilling this component of fitness by doing yard-work and cleaning our large house, weight-lifting, core workouts and leg workouts will be a piece of cake to fit into my busy schedule. Plus, I have (huge) plans for landscaping that will continue to keep me in shape.
Seriously, look up how many calories you burn cleaning and gardening. It's insane.
Dang girl, congratulations, that is a huge milestone!


If I have the level all the way up on both the base unit and the expander, the expander signal is far, far lower than that of the same source plugged directly into 1-4 on the main unit. This is not desired behavior, right?
I was thinking of picking one up. I'll have to follow this thread.
No, this is not normal behavior. Do you have the pan pots centered?
So just to verify: the Unify level pot and the Unify expander level pot are set to the same level, and as you move a patch cord from one input to the next the levels are way different? I just did that test on my rig and the levels are the same.
Hey, you know what makes the expander work *much* better? Making sure the power cable is completely seated. Since there are no LEDs to indicate power, and *some* signal was leaking, I assumed it was just quiet (well, it *was* just quiet).


SportMax Energy Shot is designed to be used as a pre-workout supplement for athletes.
It has an impressive ingredient list that sets it apart from many of the other energy shots on the market.
We were recently sent some samples of SportMax to review.
One of the first reasons Sport Max is unique is the fact that each swallow should be held in the mouth for 20-30 seconds before swallowing unlike other shots that are meant to be consumed quickly.
The reason for this is SportMax's Liquid B12 Booster. B12 works best when injected or absorbed sublingually .
The citrus flavor of SportMax does little to cover up all the supplement taste. With all that's crammed into this energy shot, I think it's a given that it wouldn't taste like a Jolly Rancher.
It's only 2 fl.oz., so after a few 30 second swallows, mission accomplished.
Along with the mega dose of B12 and the 140mg of caffeine is a whole array of vitamins and amino acids which are listed below.
I liked the fact that SportMax thought outside the box and used natural, low calorie sweeteners like Erythritol and Stevia.
As far as the results are concerned, Sport Max Energy Shot delivers on that front as well. I began to feel the effects of SportMax in about 10 minutes.
It provided a non-jittery lift that helped with my afternoon workout and afternoon activities in general. I would say that this shot can be used as any energy shot and not just as a pre-workout supplement.
Because SportMax delivers such a high dose of vitamins and caffeine, consumers should heed the recommended use of no more than 1 bottle per day.
Also, SportMax Energy Shot isn't recommended for those under 12 years of age.
How Does Sport Max Energy Shot Compare?
Sport Max Energy Shot contains 70.00 mgs of caffeine per fluid ounce (236.70mg/100 ml).


text:
About Jason Baxter
Jason Baxter is Academic Dean, and Associate Professor of Fine Arts and Humanities, at Wyoming Catholic College. His books include A Beginner's Guide to Dante's Comedy and Falling Inward: Humanities in the Age of Technology. Dr. Baxter holds a Ph.D. in Literature from the University of Notre Dame. His research concerns the Platonic and Medieval traditions, as well as medieval aesthetics.
Why Read Old (Pagan) Books?
By Jason Baxter|2018-12-30T11:08:24-06:00December 30th, 2018|Categories: Christianity, Classics, Great Books, Humanities, Liberal Learning, Timeless Essays, Wyoming Catholic College|
Today's offering in our Timeless Essay series affords our readers the opportunity to join Jason Baxter, as he considers why Christians should read the works of the pagans. —W. Winston Elliott III, Publisher At the end of each semester, I inevitably have one or two well-meaning students who are still unsure why they were asked [...]
The Wonder of "The Comedy": How to Read Dante
By Jason Baxter|2019-04-25T12:40:50-05:00May 2nd, 2018|Categories: Books, Christianity, Dante|
Dante's Inferno is the poem of interiority. It aims to crack the crusty shell of the heart and gain access to its secret, guarded places… Although the Comedy is a poem of impeccable order, the poet is careful to make sure that our first impression is not of the poem's architecture but of its emotional power. [...]
Deep Knowledge in a Flat World
By Jason Baxter|2018-11-17T08:17:37-06:00March 23rd, 2018|Categories: Featured, Great Books, Homer, Humanities, Iliad, Wyoming Catholic College|
A hero is someone you admire to the point of losing sleep over. A hero is one the ancients were tempted to worship, with the ardent hope that some of the strength from his dead body would seep into the ground and make their crops fertile. A hero, you admit, is better than you [...]
Nostalgia for the Future: Antiquity & Eternity
By Jason Baxter|2019-06-17T16:49:59-05:00July 6th, 2017|Categories: C.S. Lewis, Conservatism, England, Featured, History, Imagination, J.R.R. Tolkien, Oxford University, Time, Wyoming Catholic College|
The experience of nostalgia is a feeling of beauty's remoteness, but only because it is so far in the future. It is hope… I went for a long walk in Oxford the other night. The city, of course, is always enchanting, but in early summer and at night, it is so the most. When [...]
Snow Angels, Goodness, and Intelligence
By Jason Baxter|2018-12-04T12:10:23-06:00April 28th, 2017|Categories: Christianity, Dante, Humanities, Liberal Arts, Love, Virtue, Wyoming Catholic College|
As a professor who values intelligence, I tend to like most those students who talk to me about books and ideas. Yet recently when a student, unasked, quietly shoveled the snow from my sidewalk, he taught me a lesson about a profound depth of goodness that I need to study up on… G.K. Chesterton [...]
How Much of a Modernist Are You? A Quiz for Conservatives
By Jason Baxter|2017-04-06T12:37:19-05:00April 5th, 2017|Categories: Catholicism, Christianity, Modernity, Wyoming Catholic College|
Philosopher Charles Taylor is insistent that we are all "secular," by which he means, denied of the "naive" experience of religion as encountered in the pre-modern world. See how much you agree or disagree with Dr. Taylor by taking this quiz… Charles Taylor As many of The Imaginative Conservative's readers already know, [...]
Globalism, Technology… and the Humanities?
By Jason Baxter|2017-02-09T11:51:28-06:00December 9th, 2016|Categories: Beauty, Culture, Featured, Humanities, Imagination, Liberal Learning, Poetry, Technology, Wyoming Catholic College|
The humanities can fill us with a kind of reverent admiration for a place in its particularity, and fill us with a delight that such a thing exists, untouched, un-owned by us. It can help us open our grasping hands and let beauty be, whether or not it is possessed by me… I would [...]
Can the Humanities Contribute Anything to the Modern World?
By Jason Baxter|2019-07-23T11:43:57-05:00November 29th, 2016|Categories: Capitalism, Culture, Featured, Humanities, Liberal Learning, Modernity, Technology, Wyoming Catholic College|
There seems to be very little cultural space for humanistic studies. It is difficult to perceive how literature, philosophy, or theology could contribute to technological capitalism… I would like you to imagine the following situation: Sometime after graduation a college student is hired as an intern at his university's newly founded Center for Leadership [...]
By Jason Baxter|2019-09-24T10:19:31-05:00November 2nd, 2016|Categories: Christianity, Classics, Featured, Great Books, Humanities, Liberal Learning, Wyoming Catholic College|
At the end of each semester, I inevitably have one or two well-meaning students who are still unsure why they were asked to devote so much time and care to reading, annotating, and discussing archaic Greek literature. They enjoyed reading Homer. They liked our conversations in class, but, at the end of the course, [...]


text:
Q: Pandas Python - value_counts() or idxmax() returns different value each time I have a Series which consists of a list of some random products. This is what it looks like if I print the describe:
<bound method NDFrame.describe of 176                                     reversible jacket
231                       the north face resolve 2 jacket
234                             columbia pike lake jacket
279     girl's 7-16 knitworks skater belted dress faux...
303                                flocked quilted jacket
                              ...
7665    tommy hilfiger big boys wayne colorblocked bas...
7685    men's toronto raptors columbia red flash forwa...
7796    the north face uo exclusive topography fanorak...
7809    lauren ralph lauren solid ultraflex classic-fi...
7922    tommy hilfiger sport faux-sherpa colorblocked ...
Name: desc, Length: 146, dtype: object>
<class 'pandas.core.series.Series'>

I have these 2 statements after this
max_occurence_prod = prod.where(prod.str.len() > 1)
curr_product = max_occurence_prod.value_counts().idxmax()

However, every time I run this piece of code, the value of curr_product seems to be different. For instance, the first time I ran this code, the value of curr_product was "diamond quilted packable jacket", the second time it was "boys' logan jacket"
From my understanding the value_counts() function should return a Series which contains the count of unique values. If this Series is returned as the exact same each time, then shouldn't the idxmax() return the same corresponding value as well? I can't seem to figure out why it would return a different value each time.
Here is the overall code
max_occurence_prod = prod.where(prod.str.len() > 1)
curr_product = max_occurence_prod.value_counts().idxmax()
#new value is printed each time
print(max_occurence_prod.value_counts().idxmax())

Apologies if anything is unclear, I'm fairly new to Python and Pandas

A: It seems there has been previous issues regarding how pandas value_counts() deals with tied values, in an inconsistent way.
As for idxmax() the documentation states clearly:

If multiple values equal the maximum, the first row label with that value is returned.

I am afraid the amount of information you provide is not enough for me to generate a full example with your data but here is an attempt:
import pandas as pd
data = {'col_1':['a','a','b','b','c','c'],'col_2':['one','two','three','one','two','three']}
df = pd.DataFrame(data)
for i in range(3):
    print(df['col_1'].value_counts().idxmax())

Run once in command:
c
c
c

Second time in command:
b
b
b

Third time:
a
a
a

The conclusion is that you are getting different values each time due to value_counts() and not idxmax(). Some solutions to make it always replicable is to use sort_index() too so that the output is not dependent on a random value. For example:
for i in range(3):
    print(df['col_1'].value_counts().sort_index().idxmax())

Returns always:
a
a
a


text:
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The project took a whole week but we are delighted with the finished shelter…it has created a huge talking point at the garden and looks very impressive. The best thing of all was the lessons and discussions we had around the build. Discussions about plastic waste, peak oil, waste. hunger, recycling, homelessness and communal activity were all very interesting and the young people came up with some very sound theories and ideas of their own.
Problem solving was the other activity as well as being able to work well as a team.
and 1000 and counting lids…..
Then we washed and stripped the 1ltr plastic bottles of their wrappers and lids and sorted the lids into colours for the floor.
First we cleared the space…..
One of the Artists' Residencies at the project was for a commissioned artist who specialises in Eco-Art with a practical aesthetic to come on board and work with the young people to make something out of recycled materials. There was a very rough brambly corner at the Tall Trees allotment which lent itself well to the design for a plastic bottle shelter. The design was based on a species of plant found in the garden 'Arum maculatum' commonly known as Cuckoo Pint, so the work was resonant of the garden and site specific.


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So I don't know if anybody plays a tons of console games these days.... I don't really, but I do own a Wii U and occasionally play it. I listen to a pretty good chunk of IGN podcasts and tend to keep up with what's happening in gaming, specially with Sony and Nintendo systems.
Nintendo has fallen really far behind and are looking at a mid 2016-mid 2017 release for their next home console, currently Nintendo NX. It is expected to be the launching a reworked version of their rewards program. Lot of speculation about what their meeting current standards in video games, primarily with interconnecting devices, unifying the handheld and console systems they have on the market, approaching more traditional controllers and game peripherals so that third parties are more likely to port to Nintendo, and even to prefer Nintendo.
Possibly the biggest thing Nintendo could do, at least for me, is database all former eShop purchases... so if I purchased it once on either Wii or Wii U, give me the game without having to pay for it again. Nintendo's first party games are almost always worth price of admission for their consoles (I have owned each of their consoles from NES-Wii U and their handhelds from GB/GBA/DS/3DS) and have never looked at a purchase as a bad call.
I look at NX as a chance for Nintendo to do something to merge their handheld and home console at least partially, to maintain a more useful and effective use of databasing, and to begin to reopen the door for third party developers to rejoin Nintendo consoles.
Personally I quit with Nintendo after the Wii and every third party dropped out on them. I just don't like the campy control systems they've come up with, when I have time to sit down and play a game I want to do it on my couch with a controller, and Nintendo for some reasons thinks they need to try and innovate something that wasn't really broken down. A recent patent seems to indicate they plan to try another fun trick with a controller that is tablet and the buttons are digital on the screen, I hate that idea if it's for the NX.
The NX needs to be as powerful as the PS4, it needs to include a Blu-Ray and it needs to have a regular controller. First party games like Mario and Zelda should be launch titles, not secondary titles that are coming soon, when soon could mean anytime in the next 2 years. They need to make sure to have some high quality third party games hit at launch too, I'm talking Call of Duty and Kingdom Hearts good. It has got to dump friend codes and maybe Mii's and join XBOX and PS+ in terms of internet capability and profiles. On top of that you had a good point about the games database, I hate Nintendo's tieing purchases to the console and not an account, that's more of the need to be more like PS and Xbox. You should buy once, play everywhere in perpetuity so long as the store is still around.
For me it's way more important they try to get back in the box, than continue to play outside of it.
ON a side note, I have a DSi and never bothered updating to the 3DS because I hate that some games I really wanted to play had you move the characters around using the stylus and touch screen rather than buttons. My DSi has basically become a Dragon Warrior/Quest and Pokemon machine that lives in the bathroom cabinet.
Just to respond to the quick part first, but 3DS is far less dependent on the touch and 3D elements of the device than is the Wii U tablet on those games.
There are some very good uses of the tablet controller that are only available with such a device, but I definitely agree with you. I'd really like to see Nintendo admit some kind of defeat and reenter the traditional market. That said, could they win back the audience they have lost? Even if they put out a console more powerful than PS4 that does have all the particulars you mentioned, are XB fanboys gonna leave? How about PS fanboys? The Mario brand and the Zelda brand, and Metroid, Pokemon, etc, have been isolated for so long that if you didn't spend a lot of time with GC, Wii, and Wii U, you might not have played any of those games.
I'd come back, I imagine there are a lot of people that would come back, if they could hit the home run and make a console that appeals to the people they lost. I'd kill to play a Zelda game without cheesy controls or the new weird no need for dungeons buy the stuff in a store. I'd like to see Mario in his 4k Goodness, I'd love to see them throw some of that Pokemon goodness of the Gameboy/DS era into an actual Console game with the same mechanics, Final Fantasy graphics finally meets Pikachu.
The Wii sold like hot cakes at one point, it was the most bought console and then it all fell apart when Wii U sold very few units, so I think with the appropriate functions added in and stuff, those same people bought the Wii then dumped it for the Xbox or PS would probably be willing to try it, I'd also aggressively take a loss on it too so that it could sell below the other two.


text:
Lives by Izaak Walton
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(Critical Survey of Literature, Revised Edition)
Izaak Walton lived through most of the turbulent years of the seventeenth century, but he remained at heart an Elizabethan, and it is from this perspective that he wrote his fine biographies, lives of outstanding clergymen and scholars of his day: John Donne, Sir Henry Wotton, Richard Hooker, George Herbert, and Robert Sanderson. The works appeared over a period of almost forty years, but the stable philosophy of their author gives them many points of similarity.
While Walton's subjects were unquestionably men of vastly different personalities, his own character casts an almost saintly light over all of them; emotional struggles, temptation, and personal vices play almost no part in their lives as Walton interpreted them. His accounts are not psychological studies; he is interested rather in painting portraits of virtuous men. His studies are really descendants of the saints' lives that formed the majority of early English biographies. He pays tribute in each of his works to the virtues of devoutness, humility, charitableness, and learning.
Walton's biographies have much in common in their construction, as well as in the presentation of the characters of the main figures. The author inevitably begins with a discussion of the family background of his subject, then comments on his early education. He treats the mature career of each man partly through a summary of his activities, partly through anecdotes that illustrate special personality traits or talents. Walton knew most of the men whose lives he recounts, and he occasionally reproduces his own conversations with them. He also quotes letters, poems, and even wills as evidence of characteristics of his subjects.
Walton's style is relatively personal; he often speaks in the first person, and he does not hesitate to make known his own views on the political or religious questions he happens to be discussing. In spite of this personal quality, the style itself is relatively formal and balanced, typical of the prose of his day. His vocabulary is dignified, but natural, closer to that of Dryden than to that of the more imaginative writers of Jacobean prose.
The Life of John Donne is the most famous of the five; in it Walton concentrates upon the later years of the great poet and preacher, almost ignoring the youthful works that suggest Donne's streak of wit and cynicism. He is especially interested in recounting the poet's theological development and his long struggle to consider himself worthy to be ordained to the priesthood. Walton also devotes considerable attention to Donne's marriage, the problems it created in his early career and the economic difficulties he and his family endured for years, along with the joys it brought him. A number of Donne's poems to his wife are quoted to show the depth of his feeling for her.
Walton shows in these works a conviction that the manner of a man's death reveals the essence of his character. He was himself present at Donne's deathbed, and he records with admiration Donne's devotion and concern for his parishioners—of whom Walton was one—his family, and his friends.
Sir Henry Wotton was the only layman among Walton's subjects. He grew up during the latter part of the reign of Elizabeth I, became a close friend of the Earl of Essex, and prudently chose the time of Essex's ultimately fatal conflict with the queen to travel extensively on the Continent. He made his political fortune, according to Walton, when he overheard, on his travels in Italy, a plot against Elizabeth's successor, James VI of Scotland, and went to this monarch in disguise to warn him. When James became King of England, Wotton was given a number of important diplomatic positions, notably the ambassadorship to the Venetian states. He ended his career as provost of Eton College, where his biographer pictures him at his own studies, patronizing the arts, and giving special encouragement to the most promising of his students.
Walton characterizes Wotton...
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The Compleat Angler
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by George Bernard Shaw
Tradition and the Individual Talent
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by D. H. Lawrence
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text:
Environment & Land Case 115 of 2016
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Muhindi v Githiaka (Environment & Land Case 115 of 2016) [2022] KEELC 13637 (KLR) (19 October 2022) (Judgment)
Muhindi v Githiaka
Environment and Land Court at Nyeri
Yuvinalis Maronga Angima
Mr. Gitau Kahiga for Plaintiff
Neutral citation: [2022] KEELC 13637 (KLR)
In the Environment and Land Court at Nyeri
YM Angima, J
Michael Muriuki Muhindi
Charles Maimba Githiaka
A. The Plaintiff's Claim
1.By a plaint dated 30.05.2016 the Plaintiff sought the following reliefs against the Defendant:a.A declaration that the award of the Kieni East Land Disputes Tribunal dated 2.4.2002 with reference No.29 of 1998 pending reading and adoption as judgment of court Vide Nyeri C.M. Award Case No.21 of 2002 is null and void and of no legal effect.b.An order of forcible eviction do issue against the Defendant by himself, his servants, agents or anyone claiming under him and same be effected by the court bailiffs of this Honourable court at his own costs from Plaintiff's L.R. Narumoru/Block 2/7.c.An order of permanent injunction do issue restraining the Defendant by himself, his servants, agents or anyone claiming under him from trespassing and or illegally interfering with the Plaintiff's proprietary rights over his L.R.Narumoru/Block.2/7.d.Costs of the suit and interest thereon at court rates.
2.The Plaintiff pleaded that he was the registered proprietor of Title No. Narumoru/Block 2/7 (the suit property) which he bought in 1997 for valuable consideration from one, Onesmus Murage Karoki (Murage) who was the registered proprietor at the time. The Plaintiff further pleaded that upon purchase he took possession and developed the suit property until 2003 when he was transferred to a place outside Nyeri.
3.It was the Plaintiff's case that sometime in 1998 the Defendant started laying a claim upon the suit property in consequence whereof he (the defendant) filed a claim before the defunct Land Disputes Tribunal (the Tribunal) in Tribunal Case No.29 of 1998 which purported to award him the suit property vide an award dated 2.04.2002. It was the Plaintiff's contention that on the basis of the said award the Defendant had unlawfully trespassed into the suit property and occupied the same together with all developments thereon.
4.The Plaintiff further pleaded that the Defendant had further filed the same award in Nyeri C.M.'s Award Case No.21 of 2002 for adoption but the same was not adopted as a judgment by the magistrate's court. The Plaintiff contended that the said award was illegal and void for want of jurisdiction on the part of the Tribunal hence the same ought to be set aside.
B. The Defendant's Defence And Counter-claim
5.By a statement of defence and counter-claim dated 5.07.2016 the Defendant denied liability for the Plaintiff's claim. By his defence, the Defendant denied that the Plaintiff was the legitimate owner of the suit property and put him to strict proof thereof. He, however, conceded the existence of the award by the Tribunal but contended that it was valid and lawful since it was never challenged through an appeal as stipulated by law.
6.By his counter-claim the Defendant contended that he was the legitimate owner of the suit property by virtue of having acquired it in 1974 from Weruini Lands Limited (the company) which was a land buying company. He further pleaded that upon making all the necessary payments to the company he was issued with a clearance certificate and other registration documents to facilitate his registration as proprietor. It was his case that when he lodged his documents for registration they were rejected by the Land Registrar because Murage had already been registered as proprietor and then transferred the suit property to the Plaintiff.
7.The Defendant contended that Murage and the Plaintiff had illegally or fraudulently acquired the suit property which rightfully belonged to him. He enumerated five (5) particulars of fraud against the Plaintiff in paragraph 11 of his counter-claim.
8.In the alternative and without prejudice to the foregoing, the Defendant pleaded that he took possession of the suit property in 2001, constructed his residence thereon and continued developing and farming thereon without any interruption from the Plaintiff. It was his further pleading that he had been in open, continuous and exclusive possession of the suit property for a period exceeding 12 years hence he had acquired adverse possession thereof under the law. He consequently sought the following reliefs in his counterclaim:a.A declaration that the Defendant is the lawful owner of the suit land L.R.No.Narumoru/Block 2/7, the same having been fraudulently and unlawfully transferred to the Plaintiff.b.In the alternative, a declaration that the Defendant has acquired title to the suit land, L.R.No.Narumoro/Block 2/7 by adverse possession.c.An order for verification of the register to the suit land L.R.No.Narumoru/Block 2/7 by cancellation of the Plaintiff's name as the proprietor thereof and the Defendant be registered as the absolute proprietor.d.Costs and interest.
C. The Plaintiff's Reply And Defence To Counter-claim
9.The Plaintiff filed a reply to defence and defence to counter-claim dated 15.7.2016. The Plaintiff joined issue upon the Defendant on his defence. He denied any fraud in his acquisition of the suit property from Murage. The Plaintiff further pleaded that he was an innocent purchaser for value of the suit property without notice of any fraud or irregularity in Murage's acquisition thereof. The Plaintiff consequently denied all the particulars of fraud and illegality pleaded in the counter-claim.
10.The Plaintiff further denied that the Defendant had been in occupation of the suit property since 2001 and stated that he discontinued occupation of the suit property in 2003 upon being transferred but continued keeping watch over it and that he only discovered the Defendant's encroachment in 2010.
11.The Plaintiff further contended that the Defendant could not lawfully claim adverse possession of the suit property since the parties were engaged in litigation before the Tribunal and the Defendant's occupation was based upon the Tribunal's award. It was the Plaintiff's contention that the counter-claim was untenable in law hence the same sought to be dismissed with costs.
D. Summary of Evidence at the Trial
a.I The Plaintiff's Evidence
12.The Plaintiff testified on his own behalf as the sole witness at the trial hereof. He adopted the contents of his witness statement dated 30.05.2016 as his evidence in-chief and produced the documents listed in his list of documents dated 30.05.2016 as exhibits P1 – P5 respectively. The gist of the Plaintiff's case was that he was the registered proprietor of the suit property and that the Defendant had trespassed and settled thereon without lawful justification or excuse. The Plaintiff's further evidence was to the effect that even though the Tribunal had awarded the suit property to the Defendant in 2002, the Tribunal had no jurisdiction to do so hence the resultant award was null and void. He further testified that the Defendant could not legitimately claim adverse possession of the suit property since he had always reported his encroachment to the police service.
b. The Defendant's Evidence
13.The Defendant testified on his own behalf as the sole witness. He adopted his witness statement dated 05.07.2016 as his evidence in-chief. The gist of the Defendant's evidence was that he was the legitimate owner of the suit property having acquired it from the company way back in 1974 by virtue of being a shareholder. He testified that Murage and the Plaintiff must have acquired the suit property illegally or fraudulently since the company had confirmed that he was the legitimate allotee thereof. It was his further evidence that upon lodging his claim with the Tribunal against the Plaintiff it was determined that he was the legitimate owner of the suit property.
14.The Defendant also pursued his alternative claim for adverse possession. It was his evidence that despite the Plaintiff's registration as proprietor, he had been in open, exclusive and uninterrupted possession of the suit property since 2001 hence he had acquired adverse possession thereof. He testified that he had constructed a house, undertaken farming and connected water and electricity to the suit property and developed it as his own without any interference from the Plaintiff for a period exceeding 12 years hence the Plaintiff had lost his right of recovery.
E. Directions on Submissions
15.Upon conclusion of the trial, the parties were granted timelines within which to file and exchange their respective submissions. The Plaintiff was granted 21 days within which to file and serve his submissions whereas the Defendant was given 21 days upon the lapse of the Plaintiff's period to do likewise. The record shows that the Plaintiff's submissions were filed on 23.07.2021 whereas the Defendant's submissions were not on record by the time of preparation of the judgment.
F. The Issues For Determination
16.The court has noted that the parties did not file an agreed statement of issues for determination as provided for under the law. Under Order 15 rule 2 of the Civil Procedure Rules the court may frame issues from any of the following:a.The allegations contained in the pleadings.b.The contents of documents produced by the parties.c.The statements made on oath by or on behalf of the parties.
17.The court has considered the pleadings, evidence and documents on record and is of the opinion that the following issues arise for determination herein:a.Who between the Plaintiff and the Defendant is the owner of the suit property.b.Whether the Defendant has proved his counter-claim for adverse possession.c.Whether the Plaintiff is entitled to the reliefs sought in the plaint.d.Whether the Defendant is entitled to the reliefs sought in the counter-claim.
G. Analysis and Determiation
a. Who between the Plaintiff and the Defendant is the owner of the suit property
18.The court has considered the evidence and submissions on record on this issue. It is evident from the record that the Plaintiff claims ownership on the basis of his registration as the current proprietor of the suit property. He produced a copy of his title deed and a copy of the land register as evidence of ownership. There is evidence on record to demonstrate that he acquired the property by purchasing it for valuable consideration in 1997 from Murage who was the registered proprietor at the material time. The Defendant's claim was based upon his membership of the company which was to transfer the suit property to him by virtue of the 2 shares he held in the company.
19.It is evident from the material on record that the company's intention and attempt to transfer the suit property to the Defendant did not materialize for no fault of the Defendant. The Defendant, therefore, remained with his ballot paper, share certificate, clearance certificate and other documents from the company. Although the Defendant pleaded that the Plaintiff and Murage had obtained registration of the suit property illegally or fraudulently, the court is not satisfied that any fraud or illegality was proved against the Plaintiff at the trial. The evidence at the trial simply showed that the Plaintiff was a purchaser for value of the suit property from Murage. There was no evidence to demonstrate that the Plaintiff was privy to any fraud or illegality in his acquisition of the suit property. It was not even demonstrated that he was aware of the alleged fraud or illegality on the part of Mr. Murage. The court is further of the opinion that no fraud or illegality could be proved against Murage since he was not joined as a party to the counter-claim to enable him respond to the serious allegations against him.
20.The court is thus satisfied on the basis of the evidence on record that the Plaintiff is the legitimate owner of the suit property which he bought for valuable consideration from Murage in 1997. The court is further of the opinion that the award of the Tribunal in Land Dispute Tribunal Case No.29 of 1998 was ultra vires the Land Disputes Tribunals Act 1990 hence null and void. The court agrees with the Plaintiff's submission that the Tribunal had no jurisdiction to entertain the Defendant's claim and to make the award in view of the provisions of Section 3 of the establishing Act. Accordingly, the resultant award was a nullity.
b. Whether the Defendant has proved his counter-claim for adverse possession
21.The elements of adverse possession were summarized in the case of Kasuve –vs- Mwaani Investments Ltd & 4 Others [2004] 1KLR 184 as follows:"….and in order to be entitled to land by adverse possession, the claimant must prove that he has been in exclusive possession of the land openly and as of right and without interruption for a period of 12 years either after dispossession of the owner or by the discontinuation of possession by the owner on his own volition, Wanja vs Sakwa No.2 [1984] KLR 284. A title by adverse possession can be acquired under the Limitation of Actions Act for part of the land…."
22.The court has considered the material and submissions on record. The Defendant contended that he had enjoyed open, exclusive and uninterrupted possession of the suit property since 2001 and that he had developed the same by constructing a house and undertaking farming thereon. The Plaintiff, on the other hand, contended that he was in occupation of the suit property until 2003 when he was transferred out of Nyeri County but he kept checking on this property from time to time. He did not, however, demonstrate that he undertook any activities on the suit property after his departure in 2003.
23.During cross-examination by the Defendant's advocate, the Plaintiff stated that he did not know when the Defendant entered the suit property and that he only discovered his occupation in 2010. The court has noted that in paragraph 10 of the plaint the Plaintiff pleaded that the Defendant took possession of the suit property on the basis of the Tribunal's award dated 02.04.2002 and occupied the land together with all developments thereon. The court is of the opinion that if the Plaintiff discontinued his possession in 2003, then the Defendant could only have taken possession after his departure. The Plaintiff himself conceded that he did not know in which year the Defendant took possession of the suit property. It was his duty to inspect his property at reasonable intervals to ensure that trespassers are kept at bay. The Plaintiff can only have himself to blame for failing to discover the Defendant's possession until 2010 whereas he had the opportunity to do so earlier.
24.The court is satisfied that the Defendant has been in occupation of the suit property at least with effect from 2003. The court is further satisfied on the basis of the material on record that the Defendant's possession was without the consent or permission of the Plaintiff and that it was exclusive. There is no evidence on record to demonstrate that the Plaintiff was in possession of any part of the suit property or that he undertook any activities on the suit property between 2003 and 2016 when he filed the instant suit.
25.The court does not agree with the Plaintiff's contention that the Defendant's possession was interrupted by reason of the Tribunal case which the Defendant had filed. The court does not also agree with the Plaintiff's contention that his act of reporting the land dispute to the police service had the effect of interrupting the Defendant's possession or stopping time from running under the Limitation of Actions Act. (Cap.22).
26.In the case of Githu –vs- Ndeete [1984]KLR 776 the court considered the running of time for purposes of limitation of actions as follows:"……time ceases to run under the Limitation of Actions Act either when the owner takes or asserts his rights or when his right is admitted by the adverse possessor. Assertion occurs when the owner takes legal proceedings or makes an effective entry into the land. Giving notice to quit cannot be effective assertion of the right for the purpose of stopping the running of time under the Limitation of Actions Act….."
27.It is evident from the material on record that the claim before the Tribunal was not filed by the Plaintiff. It was not a claim to assert the Plaintiff's rights over the suit property but a claim by the Defendant to recover the suit property from the Plaintiff. In any event, as the Plaintiff contended and the court has agreed with him on this, the proceedings before the Tribunal were a nullity for want of jurisdiction. The court is thus satisfied that the Defendant has proved his claim for adverse possession against the Plaintiff to the required standard.
c. Whether the Plaintiff is entitled to the reliefs sought in the plaint
28.The court has found that the Plaintiff is the legitimate owner of the suit property as the current registered proprietor thereof. The court has also found that the award of the Tribunal was null and void for want of jurisdiction. However, the court is not satisfied that the Plaintiff is entitled to all the reliefs sought in the plaint because the court has found that the Defendant has demonstrated his claim for adverse possession of the suit property. Accordingly, the court shall only grant the Plaintiff the declaration on the legality of the Tribunal's award.
d. Whether the Defendant is entitled to the reliefs sought in the counter-claim
29.The court has found that the Plaintiff is the legitimate owner of the suit property and that the Defendant has failed to demonstrate any fraud or illegality in his acquisition of the suit property. In the premises, the Defendant is not entitled to prayers (a) and (c) of the counter-claim. However, since the Defendant has demonstrated his claim for adverse possession of the suit property the court is inclined to grant him a declaration to that effect together with any consequential orders to facilitate his registration as proprietor.
H. Conclusion And Disposal
30.The upshot of the foregoing is that the court finds that each party has partially succeeded and partially failed in his respective claim and counter-claim. Accordingly, the court makes the following orders for disposal of the suit and counter-claim:a.A declaration be and is hereby made that the award of the Kieni East Land Dispute Tribunal Case No.29 of 1998 dated 02.04.2002 is null and void and of no legal effect.b.The rest of the Plaintiff's prayers in the plaint dated 30.05.2016 are hereby declined.c.A declaration be and is hereby made that the Defendant, Charles Maimba Githiaka, has acquired Title No. Narumoru/Block 2/7 on account of adverse possession and is consequently entitled to be registered as proprietor in place of the Plaintiff.d.The Plaintiff shall sign all forms, documents and instruments necessary to transfer the suit property to the Defendant within 21 days from the date hereof in default of which the Deputy Registrar of the court shall do so on his behalf.e.Each party shall bear his own costs.
It is so decided.
JUDGMENT DATED AND SIGNED AT NYAHURURU THIS 20TH DAY OF SEPTEMBER, 2022.………………………….Y. M. ANGIMAJUDGEJUDGMENT DELIVERED AT NYERI THIS 19TH DAY OF OCTOBER, 2022In the presence of:Mr. Gitau Kahiga for the PlaintiffN/A for the DefendantMs. Kendi - Court Assistant………………………….J.O. OLOLAJUDGE
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text:
//    Openbravo POS is a point of sales application designed for touch screens.
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package com.openbravo.pos.forms;

import com.openbravo.basic.BasicException;
import com.openbravo.data.gui.MessageInf;

/**
 *
 * @author adrianromero
 */
public interface ProcessAction {

    public MessageInf execute() throws BasicException;
}