text:
Alaska Court of Appeals
Spencer v. State , 164 P.3d 649 ( 2007 )
164 P.3d 649 (2007)
Komson I. SPENCER, Appellant,
No. A-9024.
Court of Appeals of Alaska.
*650 David D. Reineke, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.
Terisia K. Chleborad, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Appellee.
Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.
STEWART, Judge.
Komson I. Spencer and a cohort, David Williams, restrained and assaulted Nathaniel Ahsoak over a period of several hours. For this conduct, Spencer was convicted of kidnapping and first-degree assault[1] and was *651 sentenced to a composite term of 10 years' imprisonment. Spencer now appeals these convictions. For the reasons explained here, we conclude that Spencer's claims of error have no merit, and we therefore affirm the judgment of the superior court.
Background facts and proceedings
On the morning of March 13, 2004, Ahsoak went to visit Spencer and Williams at their trailer in North Pole. They were acquaintances, and they regularly socialized.
The three men started drinking beer, and after four or five hours they went to a barbecue where they continued drinking. At about 8:00 p.m., they returned to Spencer's and Williams's trailer, and they continued to drink. Spencer's girlfriend, Sasha Dennis, was with them. Their friend Keifer Hering was also there, asleep on a couch.
At about 9:30 p.m., Ahsoak called a friend, Nicole James, to give him a ride home. Before James arrived, Ahsoak accidentally pushed Dennis and she fell down. Williams hit Ahsoak for pushing Dennis.
When James arrived, Spencer met her at the door. Spencer opened the door just three inches, and he told James that she could not come in to the trailer — and that Ahsoak was not leaving. Through the opening, James saw Ahsoak try to walk to the door, but Spencer would not let him out.
James returned to her car. When she looked back toward the trailer, through a window, she saw Williams hit Ahsoak in the stomach, causing Ahsoak to "fl[y] back." She watched for a few more minutes and then left.
Back inside the trailer, Spencer shaved Ahsoak's head while Williams held him down. Ahsoak at first testified that he did not consent to having his head shaved but later testified that he agreed to have his head shaved as punishment for pushing Dennis. Once Ahsoak's head was shaved, Spencer glued a pornographic picture to Ahsoak's head with super glue.
An hour or two later, Ahsoak and Williams fought. Ahsoak tried to leave, but Williams would not let him. Spencer decided that Ahsoak was winning the fight with Williams — that Williams was "getting [his] ass beat too bad" — so Spencer and Williams decided to tie Ahsoak up.
Spencer kicked Ahsoak's legs out from under him while Williams pulled Ahsoak to the floor. Ahsoak tried to get up, but Spencer and Williams pushed him back down. They then bound his wrists and legs with tape.
Over the next several hours, while Ahsoak lay bound, Spencer and Williams assaulted him. Spencer and Williams repeatedly hit Ahsoak's face and ribs with their closed fists. Ahsoak testified that Williams was doing most of the punching, while Spencer was "sitting there and enjoying it," but Ahsoak also testified that Spencer punched him a couple times. As Ahsoak described it, "one would hit me and go sit down and have a beer, and the other one would get up and hit me." Ahsoak testified that Williams also kicked him, but he was unsure whether Spencer ever kicked him. In addition, during these hours of assault, Williams twisted Ahsoak's ankle until it broke and jabbed Ahsoak with the handle of an axe.
Ahsoak managed to free himself from the tape, but Spencer and Williams "hog tied" Ahsoak, using plastic zip ties on his wrists to bind his hands behind his back and connect them to his ankles, which were bound with tape. Ahsoak could not see who was attacking him after he was hogtied, but he testified that Spencer and Williams talked to him every time they hit him. Ahsoak stated that he knew when Spencer had hit him because Spencer would announce that he was going to hit Ahsoak, and then Ahsoak was punched.
After midnight, two of Spencer's friends arrived. Ahsoak asked them for help, but Spencer told his friends to leave Ahsoak alone.
Eventually everyone in the trailer fell asleep. Around 9:30 or 10:00 the next morning, Keifer Hering (the friend who had been asleep on the couch) cut the zip ties off Ahsoak. The men all had a couple of beers, and then Spencer gave Ahsoak a ride home.
Ahsoak called the police and went to the hospital. The emergency room staff treated him for injuries to his face, chest, and ankle. *652 He had a broken ankle, a punctured lung, and broken ribs.
Spencer and Williams were tried for kidnapping and first-degree assault (under the theory that they recklessly caused serious physical injury to Ahsoak by means of a dangerous instrument).[2] The jury convicted both men of kidnapping and first-degree assault. Spencer received the mandatory minimum sentence of 5 years for the kidnapping, and a concurrent sentence of 10 years to serve for the assault — i.e., a composite 10 years to serve.
Spencer's motion to strike Ahsoak's initial testimony
After Ahsoak took the stand at Spencer's trial, and during a recess when the jury was absent, the prosecutor told Superior Court Judge Charles R. Pengilly that he had noticed "a hint of alcohol" on Ahsoak's breath. Judge Pengilly brought Ahsoak back to the stand and asked him if he had been drinking. Ahsoak admitted that he had consumed about four beers before he came to court, to relieve the stress he felt about testifying. Judge Pengilly asked Ahsoak if the alcohol was affecting his ability to testify, and Ahsoak said that it was.
At this point, Spencer's attorney moved to strike all of the testimony that Ahsoak had given thus far, on the ground that it was "incompetent testimony." Judge Pengilly responded that he believed Ahsoak was competent: "[M]y impression of it is that he's been perfectly coherent and cogent. I mean, he's not visibly intoxicated, otherwise, obviously, I would have said something earlier."
Notwithstanding Judge Pengilly's response, Spencer's attorney renewed his contention that Ahsoak was incompetent to be a witness, and he again asked Judge Pengilly to strike the testimony that Ahsoak had given so far. Judge Pengilly denied this request. However, the judge delayed the remainder of Ahsoak's testimony until the next morning, when he expected that Ahsoak would be sober. Judge Pengilly informed Spencer's attorney that, when Ahsoak returned to complete his testimony, the defense attorney would be allowed to cross-examine Ahsoak about his earlier intoxication. Judge Pengilly then told the jury that the trial was being recessed because of Ahsoak's intoxication.
When Ahsoak resumed his testimony the next day, Spencer's attorney cross-examined him about his intoxication. Ahsoak admitted that he had been drinking before he came to court the previous morning, because he had been nervous about testifying. Ahsoak also testified that he has a difficult time telling the truth "half the time" when he is intoxicated, because "I don't even remember what I'm saying half the time when I'm intoxicated." And Ahsoak admitted that he had been intoxicated when he testified the day before.
Now, on appeal, Spencer renews his argument that because of Ahsoak's intoxication, he was not a competent witness during his first day of testimony. Spencer relies on Alaska Evidence Rule 601. This rule provides:
A person is competent to be a witness unless the court finds that (1) the proposed witness is incapable of communicating concerning the matter so as to be understood by the court and jury either directly or through interpretation by one who can understand the proposed witness, or (2) the proposed witness is incapable of understanding the duty of a witness to tell the truth.
Spencer urges us to hold that an intoxicated witness is per se incompetent. However, in Blume v. State,[3] this court rejected a categorical attack on the competency of all young children to testify.[4] The court ruled that under Evidence Rule 601, a trial court "is vested with broad discretion on the issue of competency, and its decision to allow a witness to testify is subject to reversal only for abuse of discretion."[5] We directed trial courts "to evaluate the competency of each *653 prospective witness on a case-by-case basis, relying on the totality of the circumstances."[6]
There is nothing in the record to indicate that Ahsoak's initial testimony was incoherent. In fact, Judge Pengilly found just the opposite, and the record supports this finding. Nor is there any indication that Ahsoak was incapable of understanding his duty to tell the truth.
Spencer cites two cases to support his argument that Ahsoak's testimony should have been stricken: Hartford v. Palmer, 16 Johns. 143 (N.Y.Sup.Ct.1819) and United States v. Hyson, 721 F.2d 856 (1st Cir.1983). But neither of these cases requires a categorical exclusion of witnesses who have been drinking. Instead, both cases recognize that a witness's competence presents a question for the trial court's discretion, leaving the weight to be accorded to the testimony up to the jury. This approach is in accord with the approach in other jurisdictions.[7]
There is no categorical rule barring the testimony of a witness who has been drinking, and we reject Spencer's suggestion that we should adopt such a rule. Instead, trial judges should handle these situations as the circumstances require.
Here, Judge Pengilly recessed Ahsoak's testimony and directed Ahsoak to return to court sober the next day. The judge informed the jury about the problem and allowed Spencer's attorney to cross-examine Ahsoak regarding his previous intoxication, so that the defense attorney could suggest to the jury how Ahsoak's intoxication might affect the credibility of his earlier testimony. We find that Judge Pengilly properly exercised his discretion in this matter.
Sufficiency of the evidence to support Spencer's convictions
Spencer also contends that the evidence presented at his trial is legally insufficient to support his convictions. Because Spencer did not move for a judgment of acquittal in the superior court, he must show plain error.[8] The question is whether fair-minded jurors, exercising reasonable judgment, could conclude that the State had proven the charges beyond a reasonable doubt.[9] In making this assessment, we view the evidence (and the reasonable inferences from that evidence) in the light most favorable to the jury's verdicts.[10]
Turning to the charge of first-degree assault, the question is whether the evidence supports the conclusion that Spencer, either personally or through the actions of his accomplice, Williams, recklessly caused serious physical injury to Ahsoak by means of a dangerous instrument.[11]
Viewing the evidence in the light most favorable to the jury's verdict, Ahsoak suffered "serious physical injury"[12] as a result *654 of the beating administered by Spencer and Williams. Ahsoak was treated at the hospital for a broken ankle, broken ribs, and a punctured lung.
As to the question of whether Spencer was criminally responsible for that beating, the evidence showed that Spencer actively assisted in restraining Ahsoak and that Spencer participated in the beating, by hitting Ahsoak several times with his closed fist both before and after Ahsoak was tied up.
Spencer notes that, even viewing the evidence in the light most favorable to the State, Spencer's co-defendant Williams was the one who inflicted most of the punches on Ahsoak, and Williams was the one who used the axe handle to strike Ahsoak. Based on this, Spencer argues that Williams was the one primarily responsible for Ahsoak's injuries.
But the State relied on a theory of accomplice liability. Under AS 11.16.110(2), a defendant becomes legally accountable for the conduct of another person if the defendant solicits, encourages, or aids the other person's criminal conduct "with intent to promote or facilitate the commission of the offense." If the State proved that Spencer was Williams's accomplice in the beating (thus rendering Spencer legally accountable for Williams's actions), then it did not matter whether Spencer personally inflicted Ahsoak's injuries.
Viewing the evidence in the light most favorable to the verdict, the jury could reasonably conclude that Spencer not only actively participated in the assault, but he also intentionally helped and encouraged Williams to participate in the assault, and that he acted with at least reckless disregard as to whether this assault would inflict serious physical injury on Ahsoak. The evidence is therefore legally sufficient to support Spencer's conviction for first-degree assault.
Spencer also argues that the State did not prove that he acted with the culpable mental state required to convict him as an accomplice. Relying on this Court's holding in Echols v. State,[13] Spencer contends that the State was obliged to prove that he "specifically intend[ed] that [Ahsoak] suffer serious physical injury." But in Riley v. State,[14] we expressly overruled our decision in Echols.[15]Riley holds that, when the charged crime requires proof of a particular result (here, the infliction of serious physical injury), the accomplice need not act "intentionally" with respect to this result.[16] Rather, the State must prove that the accomplice acted with the culpable mental state specified by the applicable criminal statute[17] — here, the culpable mental state of "recklessly" specified in subsection (a)(1) of the first-degree assault statute.
And, as we stated earlier, the evidence was sufficient to support a finding that Spencer acted with at least reckless disregard for the possibility that Ahsoak would suffer serious physical injury as a result of the beating administered by Spencer and his accomplice, Williams.
Turning to the charge of kidnapping, the question is whether the evidence supports the conclusion that Spencer, either personally or through the actions of his accomplice, Williams, restrained Ahsoak with the intent to inflict physical injury on him.[18]
Spencer does not dispute that he helped to restrain Ahsoak, but he argues that there is no evidence that, when he helped to restrain Ahsoak, he acted with the intention that Ahsoak be injured. This argument hinges on viewing the evidence in the light most favorable to Spencer. But as we explained above, we must view the evidence in the light most favorable to the verdict. Viewing the evidence in this light, there is ample evidence to support a finding that Spencer intended that Ahsoak suffer physical injury, either through Spencer's personal actions or through the actions of his accomplice, Williams.
*655 The jury instruction on accomplice liability
When Judge Pengilly instructed the jury on accomplice liability, he used an instruction similar to the definitions of accomplice liability provided by the Alaska Supreme Court in Evans v. State[19] and Gordon v. State.[20] The jury instruction stated that a person who "knowingly" and with "criminal intent" assists or participates in a criminal act can be held accountable as an accomplice. The instruction further provided:
A person who in some manner, "knowingly" and with criminal "intent," assists or participates in a criminal act is an accomplice. An accomplice is legally responsible for the criminal act.
A person need not commit every element of the offense in order to be guilty as an accomplice. However, it is necessary that the person be in some way associated with the venture, that the person participate in it as something that he or she wishes to bring about, and that the person seek by his or her actions to make it succeed. Prior knowledge that a crime is about to be committed and concealment of that knowledge alone do not make one criminally liable as an accomplice. Furthermore, once a crime has been committed, concealment of one's knowledge of the crime does not make one an accomplice. Finally, mere presence at the scene of the crime is not in itself enough to make one an accomplice.
Spencer's attorney did not object to this instruction at the time. However, on appeal, Spencer argues that this instruction constituted plain error.
In particular, Spencer argues that the instruction is flawed because it did not require the jury to find that Spencer "specifically intended that [the] precise crimes [of kidnapping and first-degree assault] be accomplished." The answer to this contention is that the law does not require this proof.
Rather, as we explained in Riley, the State's complicity theory required proof (1) that Spencer encouraged or assisted Williams's restraint of, and assault on, Ahsoak; (2) that Spencer provided this encouragement or assistance to Williams with the intent to promote or facilitate the restraint and the assault; and (3) that when Spencer provided this encouragement or assistance, he also acted with the culpable mental states specified in the kidnapping and first-degree assault statutes — namely, intent to inflict physical injury on Ahsoak and reckless disregard of the possibility that Ahsoak would suffer serious physical injury.
The challenged jury instruction on complicity informed the jurors that the State was obliged to prove that Spencer participated in the restraint and the assault "as something that he . . . wishe[d] to bring about," and that Spencer "[sought] by his [ ] actions to make it succeed." This was an adequate restatement of elements (1) and (2) listed in the preceding paragraph.
The challenged jury instruction did not mention element (3) — the requirement that the State prove that Spencer also acted with the culpable mental states specified in the underlying kidnapping and first-degree assault statutes (intent to inflict physical injury and recklessness regarding the possibility of serious physical injury). But other jury instructions, specifically the instructions that described the elements of kidnapping and first-degree assault, informed the jurors of this aspect of the State's required proof.
Accordingly, we conclude that it was not plain error for Judge Pengilly to give the challenged complicity instruction.
The judgment of the superior court is AFFIRMED.
MANNHEIMER, Judge, concurring.
I write separately to address two legal issues: the question of whether an intoxicated witness is competent to testify, and the question of how juries should be instructed concerning the law of complicity.
*656 The competency of an intoxicated witness under Alaska Evidence Rule 601
As explained in the majority opinion, Ahsoak was intoxicated when he first took the stand at Spencer's trial. Ahsoak nevertheless gave a significant amount of testimony before the prosecutor noticed that Ahsoak's breath smelled of alcoholic beverages. When the prosecutor brought this issue to Judge Pengilly's attention, and when Judge Pengilly then questioned Ahsoak about this matter, Ahsoak admitted that he had drunk several beers, that he was feeling the influence of the alcohol, and that it was affecting his testimony.
Spencer argues that, under these facts, Ahsoak was not competent to be a witness, and that Judge Pengilly should have struck all of Ahsoak's testimony up to that point.
Spencer relies most heavily on Ahsoak's statements that, "half the time", he has difficulty telling the truth when he is intoxicated, and that "[he doesn't] even remember what [he is] saying half the time when [he is] intoxicated." Spencer argues that Ahsoak could not be a competent witness if, because of intoxication, he was saying things with only half a regard to whether they were true.
This may, indeed, have been a valid reason to distrust Ahsoak's testimony, but it does not appear to be a ground for declaring that Ahsoak lacked the competency to testify.
Although the rules of evidence place many restrictions on the statements and the physical evidence that can be presented in court, the evidence rules place very few restrictions on the people who can appear as witnesses. The law has, at one time or another, prohibited whole classes of people (e.g., felons, non-Christians and various Christian heretics, and all criminal defendants) from taking the witness stand; but under modern law, very few people are disqualified from testifying.[1]
In particular, under Alaska Evidence Rule 601, any person who is capable of understanding the duty to tell the truth and capable of giving coherent testimony is competent to be a witness. Evidence Rule 601 reads:
Certainly, there are witnesses who have difficulty confining their testimony to the truth — because of self-interest, or bias for or against a party, or intoxication, or mental condition or disability, or otherwise. But this is not a ground for declaring the witness incompetent to testify under Evidence Rule 601. Rather, as Rule 601 states, a witness's competency hinges on whether the witness can sufficiently communicate the substance of their testimony "so as to be understood by the court and [the] jury", and whether the witness is capable of understanding "the duty . . . to tell the truth".
If a witness is so impaired by intoxicants or mental illness that their testimony is incoherent, then Evidence Rule 601 might serve as authority for declaring the witness incompetent to testify. See United States v. Hyson, 721 F.2d 856 (1st Cir.1983), where the First Circuit held that Federal Evidence Rule 601 justified the exclusion of testimony on competency grounds when the witness was incoherent due to drug use.
But Ahsoak's testimony was not incoherent. In fact, Judge Pengilly found just the opposite. When the matter of Ahsoak's drinking was brought to the judge's attention, Judge Pengilly declared, "My impression . . . is that [Ahsoak's testimony has] been perfectly coherent and cogent. . . . He's not visibly intoxicated; otherwise, obviously, I would have said something earlier."
Under these facts, Evidence Rule 601 does not appear to be a proper ground for excluding or striking Ahsoak's testimony. As the Sixth Circuit observed in United States v. Ramírez, 871 F.2d 582, 584 (6th Cir.1989) (construing Federal Evidence Rule 601), a court's power to exclude testimony out of *657 concern that the witness is impaired must be found outside of Evidence Rule 601.
See United States v. Van Meerbeke, 548 F.2d 415 (2nd Cir.1976), a case in which the principle government witness ingested some of the heroin that had been offered into evidence. The Second Circuit held that the trial judge committed no error when he allowed the jury to decide whether the witness's testimony was credible, after giving the defense attorney the opportunity to bring out the fact that the witness had ingested drugs while on the stand.
See also United States v. Harris, 542 F.2d 1283 (7th Cir.1976), a case in which a government witness admitted using heroin two days before his testimony and taking Demerol and Phenergon on the day before his testimony. On several occasions during his testimony, the witness was observed to be bouncing and nodding. A defense expert testified that a person who had taken the same drugs that the witness had taken would experience a clouding of their consciousness and would have difficulty in accurately framing their thoughts. Nevertheless, the Seventh Circuit held that it was up to the jury to decide how the witness's drug usage and impaired condition affected the credibility of the witness's testimony.
This is not to say that a trial judge lacks the power to take precautionary or corrective measures when the judge learns that a witness is currently impaired by intoxicants. However, in all but the most extreme cases, the witness remains competent to testify under Evidence Rule 601.
The jury instruction on accomplice liability
This appeal presents one more instance of a problem that arises from time to time when the prosecution's case rests on the theory of accomplice liability.
The State argued that Spencer should be held accountable, as an accomplice, for conduct that was performed by his co-defendant Williams. Jury Instruction 20 told the jurors that an "accomplice" is "[a] person who[,] in some manner, knowingly and with criminal intent, assists or participates in a criminal act". The instruction went on to say:
A person need not commit every element of the offense in order to be guilty as an accomplice. However, it is necessary that the person be in some way associated with the venture, that the person participate in it as something that he or she wishes to bring about, and that the person seek by his or her actions to make it succeed.
At trial, Spencer did not object to the wording of this instruction. But now, on appeal, he contends that the trial judge committed plain error by giving this instruction.
Spencer's precise argument is that this instruction led the jury astray because it did not say that the State was required to prove that Spencer acted with "specific . . . intent to bring about the illegal end". This contention is easily disposed of — for the instruction did tell the jury that this was a required element of the State's proof. The instruction said that, to establish a defendant's complicity in a criminal venture, "it is necessary that the [defendant] participate in [the venture] as something that he or she wishes to bring about [and have it] succeed."
To the extent Spencer is arguing that the government must prove that an accomplice acted "intentionally" with respect to any unlawful result that constitutes an element of the crime, even when the principal could be convicted on proof of a lesser culpable mental state (e.g., knowledge or recklessness), Spencer is wrong. See Riley v. State, 60 P.3d 204, 221 (Alaska App.2002).
Nevertheless, Spencer's case does illustrate a recurring problem.
The jury instruction that was given in Spencer's case derives from Judge Learned Hand's formulation of the federal common-law definition of complicity in United States v. Peoni, 100 F.2d 401, 402 (2nd Cir.1938). More than thirty years ago, the Alaska Supreme Court adopted Judge Hand's formulation as an accurate statement of Alaska's common-law definition of complicity: see Evans v. State, 550 P.2d 830, 841 (Alaska 1976), quoting Gordon v. State, 533 P.2d 25, 29 *658 (Alaska 1975), which in turn was quoting Peoni.
Since then, trial judges and attorneys have frequently turned to this language when it was necessary to instruct a jury on the law of complicity.[2] And, as Spencer's case illustrates, the Peoni formulation continues to appear in jury instructions to the present day.
The problem is that Alaska no longer relies on a common-law definition of complicity. Instead, we have a statute, AS 11.16.110(2), that specifies the elements that must be proved to establish accomplice liability.
(AS 11.16.110 actually specifies three different ways in which a person can be held criminally accountable for conduct performed by another person. We are concerned here only with subsection (2) of the statute — the portion that defines accomplice liability.)
AS 11.16.110(2) declares that a defendant "is legally accountable for the conduct of another [person] constituting an offense if [, acting] with [the] intent to promote or facilitate the commission of the offense, the [defendant] . . . solicits the other [person] to commit the offense . . . or aids or abets the other [person] in planning or committing the offense[.]"
In Riley, we construed this statute to require proof of both an unlawful act and a culpable mental state. The unlawful act can take one of three forms: (1) soliciting another person to engage in the conduct that constitutes the actus reus of the charged offense, (2) inciting or encouraging ("abetting") the other person to plan or engage in the conduct that constitutes the actus reus of the charged offense, or (3) aiding the other person in planning or committing that conduct.[3]
In addition to proving that the defendant solicited, encouraged, or aided the other person's conduct, the State must also prove that the defendant did so with the intent to promote or facilitate that conduct. See Riley, 60 P.3d at 207, 221. There is no accomplice liability if a defendant unwittingly encouraged or aided another person to commit a crime. Nor is there accomplice liability even when the defendant knew that their actions would assist another person in committing a crime, so long as the defendant remained indifferent to the success or failure of that crime. AS 11.16.110(2) requires the State to prove that it was the defendant's intention to promote or facilitate the other person's conduct. Riley, 60 P.3d at 210, 221.
If the State proves that the defendant engaged in one or more of the unlawful acts specified in AS 11.16.110(2) (soliciting, encouraging, or aiding another person's criminal conduct), and that the defendant did so with the culpable mental state specified in AS 11.16.110(2) (the intent to promote or facilitate the other person's criminal conduct), then the defendant is accountable for conduct that was performed by someone else.
But as we also explained in Riley, the State's proof of a defendant's complicity under AS 11.16.110(2) means only that the defendant can be held accountable for the conduct of another person.[4] Although AS 11.16.110(2) specifies the circumstances in which a defendant can be held vicariously liable for someone else's actions, the statute does not impose vicarious liability for someone else's culpable mental state. When the crime charged against the defendant requires proof, not only of conduct, but also of one or more culpable mental states, the State must prove that the defendant personally had the required culpable mental state(s).
In Riley, we gave the following example of how the culpable mental states of accomplices must be evaluated separately, even though all of the accomplices are jointly responsible for the criminal conduct:
Take, for instance, the situation [at common law] where two defendants are jointly accountable for a criminal homicide — one because he personally struck the fatal blow *659 or inflicted the fatal wound, and the other under a theory of complicity because he encouraged or assisted the homicidal act. If one of the defendants acted in cold blood (i.e., with malice aforethought) while the other acted in the heat of passion, the one who acted with malice would be guilty of murder and the one who acted in the heat of passion would be guilty only of manslaughter. This was true regardless of which defendant was the perpetrator and which the accomplice.
Riley, 60 P.3d at 221.
To sum up this discussion: If the State proves the unlawful act and the culpable mental state specified in AS 11.16.110(2) — i.e., the act of soliciting, encouraging, or aiding another person's unlawful act, coupled with an intent to promote or facilitate that unlawful act — then the defendant can be held accountable for conduct that was performed by another person. In such cases, when the jury considers whether the defendant committed the acts and/or caused the results that constitute the elements of the crime charged, the jury can take into account not only the conduct that was performed by the defendant personally, but also the conduct performed by any other person for which the defendant shares responsibility as an accomplice.
On the other hand, when the jury considers whether the defendant had the culpable mental state(s) required for the crime charged, the defendant's guilt (or the defendant's level of guilt, in cases where the degree of guilt hinges on the defendant's culpable mental state) depends on the defendant's personal mental state, not the mental states of the defendant's accomplices.
The Peoni formulation of complicity in large measure restates, and certainly does not contradict, the definition of complicity that is codified in AS 11.16.110(2). Rather, the problem with the Peoni formulation is that it fails to cover all of the details of the proof required by AS 11.16.110(2), and it is vague on the point that a defendant can be held accountable for another person's conduct, but not another person's mental state.
In past cases, these problems have not been fatal to any criminal convictions — either because, under the facts of the case, the failure to track the statutory language was inconsequential, or because the lawyers' summations to the jury cured any omissions or clarified any ambiguities in the Peoni instruction.
See, for instance, Hansen v. State, 845 P.2d 449 (Alaska App.1993), where the defendant acquiesced in a Peoni instruction at trial, but then challenged the instruction on appeal because the instruction failed to specify the culpable mental state codified in AS 11.16.110(2), "intent to promote or facilitate". We concluded that the Peoni instruction, coupled with other jury instructions dealing with accomplice liability, adequately conveyed this culpable mental state, and thus the deviation from the statutory language was not plain error. Id. at 459.
Nevertheless, when the issue of accomplice liability is raised, I encourage trial judges to inform juries of the requirements of AS 11.16.110(2). A Peoni instruction, in and of itself, is not error; but that instruction should be supplemented with another instruction that specifies the elements of our statutory definition of complicity.
[1] AS 11.41.300(a)(1)(C) and AS 11.41.200(a)(1), respectively.
[2] See AS 11.41.200(a)(1).
[3] 797 P.2d 664 (Alaska App.1990).
[4] Id. at 668.
[7] See Diamond v. State, 49 Ala.App. 68, 268 So. 2d 850, 852 (Ala.Crim.App.1972) ("The admission of testimony of an allegedly intoxicated witness was not error since the weight to be accorded to the testimony is for the jury to say."); Cannady v. Lynch, 27 Minn. 435, 8 N.W. 164, 164-65 (1881) (holding that an intoxicated witness's competency is to be determined by the trial court); State v. Underwood, 28 N.C. 96 (N.C. 1845) (holding the competency of a drunk witness to be within the discretion of the trial court); Prudential Ins. Co. of America v. Hashman, 7 Ohio App. 3d 55, 454 N.E.2d 149, 153 (1982) ("[W]hether a witness is so intoxicated so as to render him incompetent to testify is within the sound discretion of the trial court."); Gould v. Crawford, 2 Pa. 89 (Pa.1845) (holding that whether an intoxicated witness is competent is in the discretion of the court); Myers v. State, 37 Tex. Crim. 208, 39 S.W. 111, 112 (Tex.Crim.App. 1897) (holding that a witness's intoxication when testifying does not render him incompetent, but goes to his credibility).
[8] See Shafer v. State, 456 P.2d 466, 467-68 (Alaska 1969).
[9] Dorman v. State, 622 P.2d 448, 453 (Alaska 1981); Pease v. State, 54 P.3d 316, 331 (Alaska App.2002).
[10] Dorman, 622 P.2d at 453.
[11] See AS 11.41.200(a)(1).
[12] "Serious physical injury" is defined in AS 11.81.900(b)(56) as "physical injury caused by an act performed under circumstances that create a substantial risk of death" or "physical injury that causes serious and protracted disfigurement, protracted impairment of health, protracted loss or impairment of the function of a body member or organ, or that unlawfully terminates a pregnancy."
[13] 818 P.2d 691, 692-94 (Alaska App.1991).
[14] 60 P.3d 204 (Alaska App.2002).
[15] Id. at 221.
[18] See AS 11.41.300(a)(1)(C).
[19] 550 P.2d 830, 841 (Alaska 1976).
[20] 533 P.2d 25, 29 (Alaska 1975).
[1] See Edward W. Cleary, McCormick on Evidence (2nd ed.1972), §§ 61-65, pp. 139-144.
[2] See, e.g., Hensel v. State, 604 P.2d 222, 238 (Alaska 1979); Carman v. State, 602 P.2d 1255, 1260 (Alaska 1979); Hansen v. State, 845 P.2d 449, 456 (Alaska App.1993); Bowell v. State, 728 P.2d 1220, 1224 (Alaska App.1986); Carman v. State, 658 P.2d 131, 137 (Alaska App.1983).
[3] Riley, 60 P.3d at 221.
[4] 60 P.3d at 221.
DocketNumber: A-9024
Citation Numbers: 164 P.3d 649
Judges: Coats, Chief Judge, and Mannheimer and Stewart, Judges
Filed Date: 6/29/2007
United States v. Herman Tyrone Harris , 542 F.2d 1283 ( 1976 )
United States v. Robert L. Van Meerbeke and Donald M. Jones , 548 F.2d 415 ( 1977 )
United States v. Robert Hyson, United States of America v. ... , 721 F.2d 856 ( 1983 )
United States v. Hector Ramirez , 871 F.2d 582 ( 1989 )
Carman v. State , 658 P.2d 131 ( 1983 )
Dorman v. State , 622 P.2d 448 ( 1981 )
Blume v. State , 797 P.2d 664 ( 1990 )
Evans v. State , 550 P.2d 830 ( 1976 )
Hansen v. State , 845 P.2d 449 ( 1993 )
Shafer v. State , 456 P.2d 466 ( 1969 )
Echols v. State , 818 P.2d 691 ( 1991 )
Gordon v. State , 533 P.2d 25 ( 1975 )
Carman v. State , 602 P.2d 1255 ( 1979 )
United States v. Peoni , 100 F.2d 401 ( 1938 )
Diamond v. State , 268 So. 2d 850 ( 1972 )
Pease v. State , 54 P.3d 316 ( 2002 )
Riley v. State , 60 P.3d 204 ( 2002 )
Bowell v. State , 728 P.2d 1220 ( 1986 )
Hensel v. State , 604 P.2d 222 ( 1979 )
State v. . Underwood , 28 N.C. 96 ( 1845 )
People v. Alley , 232 P.3d 272 ( 2010 )
Bergman v. State ( 2016 )


text:
Jill Greenberg at Snap! Orlando | Resource Magazine
From Janet Alexander's spotlight on Jill Greenberg for Resource Magazine:
"I always felt like I needed to shoot horses before I died; they were my original muse, and I drew them obsessively as a child," Jill explains. At first, she summarizes her fascination as just "one of those things with little girls being obsessed with horses," before revealing it's true intentions as a kind of think piece. "I'm calling attention to how the bridle and bit bind the horse, control and dominate, and how the masculine physicality undergoes a feminine kind of bondage." Compared to her previous animal photographs– "Monkey Portraits" (2004) and "Ursine" (2009)–taking five and three years to produce, respectively, "Horses" is Jill's most grueling project to date, consisting of twice as many images produced in a single year, and shooting in Los Angeles (where up until this past year Jill had been living for twelve years before moving to New York) and Vancouver. Horses also features Jill's trademark manipulation, adding color with digital painting. Originally debuting for a three-month run last year at ClampArt, a contemporary art gallery located in New York's Chelsea neighborhood, The equine series' next premiere public exhibition will be at this year's Snap! Orlando. ClampArt owner Brian Clamp recommended Jill to Snap! creator Patrick Kahn. As she constantly juggles between tending to her family, commercial jobs, and personal projects, Jill says that she is excited to be able to make an appearance at Snap! for the first time.
View the original article
View Jill Greenberg's series, "Horse"
Browse all of Jill Greenberg's work at ClampArt

redpajama_set_name: RedPajamaCommonCrawl


The culturally rich and colorful Rajasthan, the largest state in India has many distinctive attributes to its credit. The war-like lifestyles of its residents, the lack of green leafy vegetables, the scarcity of water, the need for food that could last for several days without having to be heated, have all had their influence on the cooking in this arid region.
One such extensively loved traditional complete meal is a set of three dishes called 'Dal (lentils) – Baati (a form of bread) – Churma (sweet/dessert)'.
In any Indian meal, lentils form a main source of protein, therefore boasting a prominent place. A variety of lentils are incorporated in the everyday cooking. One can note variations in the cuisine and manner of cooking of lentils, every few miles in India.
This preparation is named 'Panchmel Dal' which literally means the blend of five different lentils. 'Panch' meaning 'five', 'mel' pronounced with an emphasis on the 'e', meaning 'blend'.
The first occasion I prepared it, we as a family became a fan of this preparation and since have cooked it a few times, loved it every time.
Firstly, wash all the lentils with water twice and drain. adding 3 cups of water cook this in the pressure cooker. At the first whistle simmer for 10-15 minutes. turn off the heat and allow it to cool naturally. I prefer using the pressure cooker to cook the lentils always as this ensures not just quicker cooking but also lesser chances of nutrient loss.
Now, prepare the spice powder mix, by mixing 3 tablespoons of water to the spice powders taken in a bowl. Mix well to remove lumps.
Once the lentils are cooked and ready, in a pan, heat 2 tablespoons of ghee (or oil). Add cumin seeds, cloves, bay leaves, green chilies, and asafoetida. stir.
Once the cumin crackles or turns a darker shade and the green chili appears roasted on the surface, add the spice powder solution which has been prepared. Stir for 1-2 minutes.
Now add the cooked lentils, salt, tamarind puree, adding additional 1 cup of water (or more as per the consistency desired) and bring it to a boil. Simmer and cook for 5-7 minutes while stirring on and off to avoid burning.
Serve hot with Baati and Churma for a traditional complete meal OR serve with any flat bread or rice.


"A fantastically fun, magical cycling adventure series from Sir Chris Hoy"
The second in Sir Chris Hoy's fantastically fun, magical cycling adventure series.
Fergus Hamilton lives and dreams bikes and is really excited about training for the Great Cycle Challenge with his friends. But he's also got a secret. If the pedals on his bike spin backwards, he's magically transported to to Nevermore, where cycling is banned and his dad is a prisoner. Princess Lily wants to help, but first they'll need to brave the spooky abandoned Bicycle Graveyard. . .
Written with award-winning author Joanna Nadin, with fantastic illustrations from Clare Elsom.


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If you're coming from a cPanel server, we will move your site from your old host at no cost to you. We make the process as seamless as possible with little to no downtime.


text:
'use strict';

var express = require('express');
var swig = require('swig');
var subdomainOffset = process.env.SUBDOMAIN_OFFSET || 0;
var secrets = require('./config/secrets');
var path = require('path');
var favicon = require('serve-favicon');
var logger = require('morgan');
var cookieParser = require('cookie-parser');
var session = require('express-session');
var MongoStore = require('connect-mongo')({ session: session });
var mongoose = require('mongoose');
var passport = require('passport');
var bodyParser = require('body-parser');
var compress = require('compression')();
var lodash = require('lodash');
// var Authentication = require('./authentication');
var expressValidator = require('express-validator');
var errorHandler = require('./middleware/error');
var viewHelper = require('./middleware/view-helper');
var flash = require('express-flash');
var cors = require('cors');
var corsOptions = {
  origin: '*'
};
var staticDir;

// setup db
mongoose.connect(secrets.db);
mongoose.connection.on('error', function() {
  console.error('MongoDB Connection Error. Make sure MongoDB is running.');
});

var corsOptions = {
  origin: '*'
};

// express setup
var app = express();

if (app.get('env') === 'production') {
  app.locals.production = true;
  swig.setDefaults({ cache: 'memory' });
  staticDir = path.join(__dirname + '/../static');
} else {
  app.locals.production = false;
  swig.setDefaults({ cache: false });
  staticDir = path.join(__dirname + '/../static');
}

// This is where all the magic happens!
app.engine('html', swig.renderFile);
app.engine('jade', require('jade').__express);
app.set('views', path.join(__dirname, 'views'));
app.set('view engine', 'jade');
app.locals._ = lodash;
app.locals.stripePubKey = secrets.stripeOptions.stripePubKey;

app.use(favicon(path.join(__dirname + '/static/favicon.ico')));
app.use(logger('dev'));

app.use(compress);
app.use(bodyParser());
app.use(expressValidator());
app.use(cookieParser());

app.use(express.static(staticDir));
if(app.get('env') !== 'production'){
  app.use('/styles', express.static(__dirname + '/../.tmp/styles'));
  // app.use('/', routes.styleguide);
}

app.use(session({
  resave: true,
  saveUninitialized: true,
  cookie: {
    maxAge: 60 * 1000 // 1 minute
  },
  secret: secrets.sessionSecret,
  store: new MongoStore({
    url: secrets.db,
    auto_reconnect: true
  })
}));

// setup passport authentication
app.use(passport.initialize());
app.use(passport.session());

// other
app.use(flash());
app.use(cors(corsOptions));

var passportMiddleware = require('./middleware/passport');
passportMiddleware(passport);

// setup view helper
app.use(viewHelper);

// setup routes
var routes = require('./routes2');
routes(app, passport);

console.log(routes);
/// catch 404 and forwarding to error handler
//app.use(errorHandler.notFound);

/// error handlers
//if (app.get('env') === 'development') {
//  app.use(errorHandler.development);
//} else {
//  app.use(errorHandler.production);
//}

module.exports = app;

redpajama_set_name: RedPajamaGithub


Private Applicator – One who uses or directs the use of any pesticide on property owned or rented by that person or that person's employer for the purpose of producing an agricultural commodity.
You must be certified to legally purchase, transport, mix and load, and apply "restricted use" pesticides.
You can be certified by attending a formal class or by self-study (and then passing the exam). Call the UW-Extension office to schedule a self- study exam or for more informtaion on the class.
Pepin County UW-Extension Agriculture Agent provides the training. WI Dept. of Agriculture issues the certification which is valid for five years.
Greenhouse and nursery operators take a different exam. Operators can receive certification as an applicator in the Greenhouse & Nursery or Fruit Crops categories. Call the UW-Extension office for a card to complete and send to Madison for the manual.
Make $30.00 check payable to Pesticide Certification Training.


text:
namespace Advertise.ViewModel.Models.Common
{
    /// <summary>
    /// ترتیب
    /// </summary>
    public static class SortDirectionMode
    {
        /// <summary>
        /// صعودی
        /// </summary>
        public const string Asc = nameof(Asc);
        /// <summary>
        /// نزولی
        /// </summary>
        public const string Desc = nameof(Desc);
        /// <summary>
        /// بدون ترتیب
        /// </summary>
        public const string Non = nameof(Non);
    }
}


Family physicians have the opportunity to participate in an online survey about episode-based cost measures.(www.surveymonkey.com) Feedback from physicians who choose to participate, together with responses from other stakeholders, will help CMS determine whether the measures should be considered for potential use in the Quality Payment Program (QPP) as part of the Merit-based Incentive Payment System (MIPS).
intracranial hemorrhage or cerebral infarction (stroke).
A third measure, colonoscopy, is applicable to those family physicians who perform the procedure.
"During the field test, clinicians may access confidential feedback reports with information about their performance on these new measures," said CMS in an email communication to stakeholders.
"The field test (survey) is a voluntary opportunity for stakeholders to comment on the measures specifications and the report template for the eight measures in their current stage of development," said CMS. "This feedback will be considered in refining the measures and for future measure development activities."
There's no time to waste; surveys must be completed by Nov. 15.
AAFP staff experts familiar with the field-testing noted that these inpatient measures represent the first wave of new episode-based cost measures and that CMS will continue developing measures for the QPP; episodes for chronic conditions will be on the table in the future.
Those experts also explained that the measures will be used to calculate a cost score in addition to calculating Medicare spending per beneficiary and total per capita cost. They stressed that it's important for physicians to understand how the calculations will affect Medicare payment in the future.
Indeed, CMS points out in the fact sheet that as the Medicare Access and CHIP Reauthorization Act requires, "the MIPS cost performance category will be weighted at 30 percent in the MIPS final score for the 2019 performance year, meaning that it will affect (physician) payment in the 2020 payment year."
if additional documents or information should be provided to help clinicians better understand the measures.
Field test reports can be accessed through the CMS Enterprise Portal.(portal.cms.gov) Physician groups or solo physicians should have a field test report waiting for them if they had at least 10 cases for any one of the measures outlined above that occurred from June 1, 2016, to May 31, 2017.
Have additional questions? Email CMS for more information about episode-based cost measures.
Interested physicians are also invited to join an upcoming provider call(engage.vevent.com) scheduled for Nov. 2 from 3:30-5 p.m. EDT.


text:
How Augmented Reality could impact our cities
September 11 2018, 5:20 pm Alice Cruickshank Comments (0)
App Augmented Reality Smart Cities Visualisation
Augmented Reality is already making its way into the world of property. AR-enabled schedules which provide a 3D model of a property are being used by some agents, though this technology is far from widespread.
Refresh your memory on Augmented Reality with our jargon buster
But as cool as it may be to explore such a novelty, AR holds the potential to be much more than a marketing tool. As 5G enters the marketplace, Artificial Intelligence applications become more refined, and our phones become increasingly intelligent, we can expect Augmented Reality to develop into an everyday feature in our cities.
From planning to maintenance – using AR to create a building
AR offers possibilities throughout the whole construction process. The ability to visualise a development in its proposed location and easily make adaptations before breaking ground has the potential to greatly speed up the planning process.
True View Visuals uses AR to view the new Tottenham Court Road station in situ
True View Visuals is one UK company that offers this service, where 3D models on an iPad are used to overlay what a development would look like on site. They call this a 'heads up' approach, which provides a more useful and accurate visualisation than focusing 'heads down' on maps and blueprints. The 3D building models can be viewed in 360 degrees, which means local residents can see how new developments will impact their real world view.
Once planning has been granted, AR continues to be useful during the construction process. The Daqri smart helmet is a game-changing piece of tech with its AR visor, which projects BIM information into the user's field of vision. Wearers use their eyes like a mouse trackpad to access data including detailed work instructions, 3D building models, and remote connection with experts who can view the scene and advise on the construction process. Skanska was the first UK contractor to become part of Daqri's early adopter programme back in 2017. The Smart Helmet is not currently widely available, though Daqri's similar Smart Glasses can be bought for just under $5,000 apiece.
AR for property searches
Have you ever seen a property and thought, I wish I knew more about it? AR can do that.
Estate agent Foxtons has integrated AR capability into its app. Using the Property Scene function, users point an iPhone or iPad down the street they are interested in and the augmented reality search will reveal available properties for sale or to let.
Australian company Commercial Real Estate AR provides a similar service but for office space. Users can filter buildings by priority features such as amenities or tenant industries. Users then use the app to view an area as they walk around, and dots appear on the app to signify matching and available properties in the real world. All the key details about buildings of interest can be accessed within the app.
https://www.youtube.com/watch?v=KDEu3KaWM54
Once in your home or office space, AR can improve the maintenance process. IBM's Watson IoT platform can be teamed with a Microsoft HoloLens headset to provide real-time repairs guidance in the form of projected instruction manuals, or connectivity with an off-site expert. Watson technology can also be connected to QR codes, which are scanned to provide AR efficiency and maintenance updates.
Directions, information and exploration – AR-enabled smart cities
The immersive quality of augmented reality means it has great potential for local authorities' smart city plans. An AR app could be used to provide information, such as directions and highlight public amenities, all of which would be visualised in front of the user. Manchester's Buzzin app developed as part of the CityVerve smart cities project does exactly this. Augmented reality directs users to important locations in the city such as cash machines and public toilets, while tourists can use Buzzin to provide an interactive tour of the city.
Most smartphone AR apps rely on GPS for location data, but basic GPS can produce unreliable results, as anyone who has had their phone map tell them to walk through a building will know. AI could be the solution to this, with computer vision connected to vast libraries of images providing a more reliable AR identification experience. Blippar is a company working to make this technology a reality. Its AR City app uses 'urban visual positioning', which it claims has twice the accuracy of GPS thanks to computer vision.
For AR to really be smart however, applications need to be available on more than just phones. White Raven has developed technology that acts as the next level of satnav technology, allowing drivers to find information about landmarks and buildings as they pass them, as well as promotions from nearby shops and restaurants. The in-car system takes a video stream from a moving camera as input, then uses location data to identify local points-of-interest in real-time.
How will AR impact our cities in the near future?
While augmented reality offers great potential, this technology is still largely in the testing or early level stages. The industry is nowhere near widespread adoption of AR.
However, innovation in this field – particularly in planning and construction – could have a lasting impact, particularly if wearable AR tech becomes mainstream and more affordable. Watch this space… one day through your AR visor.
Sublime Systems has developed a low-carbon alternative to the most fossil fuel-intensive parts of the cement making process.
European Space Agency backs geospatial project to protect utilities
January 16 2023, 5:08 pm
MGISS, a UK geospatial company, aims to understand how satellite imagery can identify areas where developments could disrupt gas and water supply.


Dr. Chris Brown is now your photography teacher.
Making the instruction booklet relatable.
Manuals, figures, and instructions are generally didactic and one way. We don't feel drawn in, we don't invest, and they're not seen as the selling point of the product. Instructions are also often detached from their outcome: they tell us what to do, but not what doing this will achieve.
The best teachers can make learning anything enjoyable.
While instructions are text-based and one way, we all have a favourite teacher from school; someone who made the subject matter relatable. If we found the right voice and ambassador for photography lessons, suddenly instructions go from cold and bare to the foundations of an intimate, warm chat.
Chris Brown is one of Canon's ambassadors, and a warm, humorous, natural presenter. By using him as the face for the tutorials, this guaranteed connection and a convivial tone. The instructions themselves played second fiddle to the conversation Chris was having with the audience, blending into the live action as graphics that moved with the camera's parts. Each tutorial ended with the finished product, tying a connection between the methods and their results.
We took our class on a road trip.
Chris went drive through the Hunter Valley with our crew in tow, generating a lifestyle-type content series, covering a variety of photographic styles and techniques, all captured with stunning cinematography by our team. This was all brought together with a simple and elegant animation style.


text:
Q: How should I handle a file upload from iphone using media capture API This is the html form i am trying to us to upload form an iPhone using media capture API:
<form action="processUpTests.php" method="post" name="capture" id="capture" enctype="multipart/form-data">
        <input type="file" accept="image/*" name="ImageFile" id="ImageFile" onchange="javascript:stabEagle();"/>
        <input type="submit" id="SubmitButton" class="hiddenForm" />
    </form>

Submitting the form is done via this stabEagle():
function stabEagle(){
    $('#SubmitButton').click();
}

This is the processUpTests.php being used to achieve the goal:
if(isset($_POST))
{

    $DestinationDirectory = 'upload/'; //Upload Directory

    // check $_FILES['ImageFile'] array is not empty
    // "is_uploaded_file" Tells whether the file was uploaded via HTTP POST
    if(!isset($_FILES['ImageFile']) || !is_uploaded_file($_FILES['ImageFile']['tmp_name']))
    {
            die('Something went wrong with Upload!'); // output error when above checks fail.
    }

    // Random number for both file, will be added after image name
    $RandomNumber   = rand(0, 9999999999);

    $ImageType      = $_FILES['ImageFile']['type']; //Obtain file type, returns "image/png", image/jpeg, text/plain etc.

    //Let's use $ImageType variable to check whether uploaded file is supported.
    //We use PHP SWITCH statement to check valid image format, PHP SWITCH is similar to IF/ELSE statements
    //suitable if we want to compare the a variable with many different values
    switch(strtolower($ImageType))
    {
        case 'image/png':
            $type = "good";
            break;
        case 'image/gif':
            $type = "good";
            break;
        case 'image/jpeg':
        case 'image/pjpeg':
            $type = "good";
            break;
        default:
            die('Unsupported File!'); //output error and exit
    }

        $target_path = "upload/";

        //naming loop---------------------------------//
        $i = 9; //how many characters
        $prefix =""; //declares prefix var as a string
        $letters = ""; //declares letters var as string
        //execute loop
        for($e = 0; $e < $i; $e++){
            //random letter
            if($odd = $e%2){
            $prefix.= chr(rand(97,122));
            }
            //random number
            $prefix.= rand(0,9);
        }
        $target_path = $target_path .$prefix. basename( $_FILES['ImageFile']['name']);

        if(move_uploaded_file($_FILES['ImageFile']['tmp_name'], $target_path)) {
            echo "";

        } else{
            echo "There was an error uploading the file, please try again!
";
            echo "
".print_r($_FILES)."
";
        }

It works when I use my computer to upload a photo. It does not work when I use my iPhone. I have an iPhone 5 with the latest OS for testing.

*

*Here is what my iPhone does:

I select the choose file option, it opens the menu to take a picture or choose existing image. I select the take picture option, my camera opens and I take a picture, I then select the use option and the form submits. On the processUpTests.php I get my error message "There was a problem uploading the file, please try again!". I am trying to print_r the $_files array and it outputs nothing. It seems like there is no file being sent to the server. Furthermore, there is no upload delay, the script outputs my error message instantly which leads me to believe that no file is being sent.

*

*Other conclusions:
During my testing one of my scripts would upload the file and it worked as expected, One time only, then if I attempted to upload another file, it would simply skip the upload, and output the first image I took. The script was not too different from the below. If I deleted the image from the server, it would work again. Naturally this led me to believe that I could just upload to a different folder on the server, copy and rename the file to my uploads directory and unlink the original upload. I was wrong, it made no difference. It boiled down to one thing, I could use the script to take  picture and upload it one time, If I wanted to upload another picture, I must delete the previous one.

I am not sure if this helps anyone, but I thought it may be relevant. Then again, It could simply be syntax errors on my behalf.

redpajama_set_name: RedPajamaStackExchange


Here we bring you the hottest wedding dress trends from the Bridal Fashion Week 2016 runways! As known to all, bridal style maybe not change much especially from one season to the next, yet this year we still found some fund details and updates for you Let's begin!
Bridal collection presented by the designer Ammara Khan at PFDC L'Oréal Paris Bridal Week 2015.


Worship is high priority for us at Crossroads. And by "worship," we mean honoring God for Who He is and for all He's done.
Although our worship is expressed in many ways, here are three that are regularly part of our church's worship experience.
Our worship bands skillfully employ a rock style of music. But it's not intended to be a performance. They're inviting us to join them in singing our hearts out to God.
The answer is simple. We believe that the value of helping people experience the presence of God outweighs the temporary anxiety they may feel about singing along with us. Most folks who gather up enough courage to visit a church do so because they hope that in some way they will meet God there. They long for His peace, His comfort, His wisdom, His encouragement, His healing, etc.
The Bible says that God inhabits the praises of His people (Psalm 22:3). Although He is always near to those who seek Him, the spiritual activity of praise increases our sensitivity to His presence. And because singing songs of adoration to God is one of the most accessible forms of praise or worship, we don't hesitate to encourage everyone to join in. We know that if they do, they won't regret it.
We invite people to express their love for God with sincerity, sensitivity, and sanity. And one of the ways many of us do so is by spontaneously lifting our hands as we sing songs of gratitude and adoration.
This is not an act of superficial fanaticism. There are many places in the Bible where this worship posture is encouraged such as: "I will lift up my hands in Your name" (Psalm 63:3-4), and "Let us lift our hearts and hands to God in heaven" (Lamentations 3:41).
Lifting hands is an expression of openness, surrender, and love. It's like reaching toward God, our Heavenly Father, as a child would reach up to offer an embrace to a loving parent. It's a powerful symbol of the affection many of us have for the One who has forgiven and restored us by His grace.
Though never a requirement, we extend everyone an open invitation to experience the blessing and freedom of this worship practice.
In a way, it's like giving God a thank-you note with a handwritten, personal message inside rather than a preprinted, professionally composed one. It may be a little more challenging to create and perhaps a little less polished, but the value is in its raw sincerity. That's why we encourage worshipers to lift their voices in "harmony" with the whole congregation and express their hearts to God with confidence and sincerity.


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Sagging eyelid skin, crow's feet and puffiness are all-natural symptoms of ageing which are incredibly common. Many of us try and delay this process with over the counter products, but the results are often minimal and temporary. However, opting for an upper blepharoplasty may offer a long-term solution to minimise the ageing process and provide an effective rejuvenating effect for the eyes.
The basics: Upper blepharoplasty treatment is a surgical procedure that aims to reduce the excess skin on the upper eyelids which occurs as a result of ageing. It does not improve crow's feet lines for which Botox is a better treatment. It also does not lift the eyebrow for which a brow lift would be required.
Upper blepharoplasty surgery is performed under local anaesthetic with some mild sedation or general anaesthesia (being asleep) depending on your preference. Although local anaesthetic is entirely satisfactory for a small procedure such as this some patients may find it uncomfortable being awake and having a surgeon work very close to the eyes. For this reason, some individuals may prefer a general anaesthetic and be unaware of the procedure.
The procedure itself involves your surgeon creating an incision within the natural crease of the eyelid which is then extended out by a few millimetres into one of the crow's feet lines at the outer corner of the eye. This allows your surgeon, to remove the loose sagging skin that may be causing you unhappiness. Once the incision has been made, a small amount of fatty tissue is also removed. The incision is closed carefully using the most delicate stitching techniques with a very fine running suture which is very easy and painless to remove 3 days later. The procedure offers long-lasting results for those over 40-50 years of age but is also effective for patients of any age with hooded eyelids.
Mr Chana's emphasis is absolute safety during the procedure and whether a local anaesthetic or general anaesthetic is used the surgery will always be carried out in a large fully equipped hospital and not in a small clinic. Dr Jag Chana's anaesthetist who is a specialised Consultant in the NHS will also be present during the whole procedure.
Like all cosmetic procedures, upper blepharoplasty surgery comes with potential risks that need to be understood and carefully considered, in order to make an informed decision on whether it is right for you. Mr Chana will cover these during your consultation prior to making your final decision regarding the surgery.
Upper blepharoplasty does have some associated risks and potential risks, and patients should be aware of these before making the decision to undergo treatment. Apart from a scar and risk of infection other side-effects involved with upper blepharoplasty are rare. Some temporary loss of sensation along the eyelash line is normal and will return within a few months. Occasionally this can cause some clumsiness in applying makeup to the eyelashes but once the sensation returns this will not be apparent. Most patients have some degree of asymmetry in the face and even after blepharoplasty surgery there may be some minor differences in the pattern of skin lines between each eyelid.
The post-op results offer a rejuvenating and long-term result that is not easily achieved by any other non-surgical means. The other major positive is the regained confidence that patients may experience – sagging and heavy eyelids can not only be disheartening but can age you more dramatically than any other feature. The reason for this is that when looking at other people's faces our gaze is directed towards their eyes 90% of the time which means that the eyes are visually the most central feature of the face.
If you are considering undergoing upper blepharoplasty treatment, or any other cosmetic treatment, then finding a cosmetic surgery professional that you trust is imperative. It is important not only to the success of the procedure but also to your mental well-being, that you choose a practitioner who has experience performing your chosen procedure. It is important to choose a surgeon who has a history of excellent results and a good reputation along with someone with whom you feel comfortable.
Why choose Dr Jag Chana?
Dr Jag Chana is a Hertfordshire and London based plastic surgeon that specialises in facial plastic and reconstructive surgery. He is revered within the cosmetic community for his emphasis on individualising treatments to specific patients and avoiding an approach that many other surgeons follow where one technique is applied to all patients.
Mr Chana is well-known – and well-published – a member of the British Associations of Plastic Surgery (BAPRAS and BAAPS). He has been featured in a number of national print publications and has been invited to appear on a number of television shows for networks such as Sky and the BBC.


20 seconds is penalty territory. Google's target is 2 seconds. There are loads of tools out there to analyse your site and they generate a list of recommendations for suggested fixes too. Understanding and implementing those recommendations isn't always easy; especially when it comes to images. Here we're looking at optimising images using the popular site analysis tool GtMetrix – we have no affiliation with them at all.
… or do I even need to do anything?
Serve scaled images – if Gtmetrix complains images are being "resized in HTML or CSS" this may not be true. In our experience it can inaccurately interpret the size images are being served at. Double-check its right before you make any changes. Are the images on your site really being served at the size Gtmetrix claims?
Here we're looking to "losslessly" reduce the filesize of an image, not reduce its width and/or height. The "losslessly" part means none of your visitors will be able to spot the optimisation when they see the image.
There are a bewildering number of tools out there to work on your images from Photoshop to Yahoo's smush it. However, here's a neat, time-saving tip: GtMetrix already produces an optimised version for you, just follow the "See optimised version" link and then use that to replace your unoptimised image.
GtMetrix is going to give you chapter and verse on all images that need compressing, but in all likelihood you have a million and one other things to do. If your site is already graded "A" you're already out of "quick wins" territory. Once the amount you can save drops below 10% per image its probably time to move on and look for other quick wins.
Lots of web professionals are going to have their tool of choice for this job, whether its the Gimp, ImageMagick, Gifsicle, tinyjpg.com or "the studio takes care of that". If you're a busy site-owner on a budget you can use this quick win to help improve your site speed. Image compression is just one of many issues that reports like these can highlight. Talk to your web development agency to get the best results. Alternatively send us your Gtmetrix report and we'll give you a free 15 minute consultation on quick wins and best results.


Pros: Panda Express' healthiest chicken entree (lowest in fat, saturated fat, sodium), so if I feel guilty about getting Orange Chicken, I'll feel less so if I order this as my second entree. Tender chicken. So much broccoli that they should've called it Broccoli Lovers Shiitake Kale Chicken Breast. If you drink too many smoothies and salads with kale, here's a different way you can consume kale.
Cons: The gingery sauce didn't really excite my taste buds. It has less sodium than most Panda Express entrees, but the sauce also has a really salty flavor, which made my taste buds a bit irritated. Shiitake mushrooms don't bring anything to the flavor table. A slightly embarrassing amount of kale; I can get more kale for $1 at a farmer's market when it's closing.
Nutrition Facts: 170 calories, 70 calories from fat, 8 grams of fat, 1.5 grams of saturated fat, 40 milligrams of cholesterol, 570 milligrams of sodium, 11 grams of carbohydrates, 3 grams of sugar, 3 grams of fiber, and 14 grams of protein.
Aw I loved this! Though my Panda Express had a lot of kale in it.
Just tried it @ the panda in ucla. Paired it with the OG orange chicken. I had to squint to find the alleged 'kale' in the entrée, I did like the mushrooms but once again there were like 2. The chicken was also rather scarce… I think it was mostly broccoli.
Not sure if I just got a bad scoop or what but on the bright side and perhaps most importantly, I don't feel completely gross nor do I show any symptoms of food coma (like I usually do when I eat here.) Therefore I think this will be my go-to side entree when I'm forced to stop by panda.
My order also had mostly broccoli and chicken. Tasted good but later found out that 170 calories was as much as 5.5 oz worth. Not enough to fill me up. Pass.
I had it for the first time yesterday and it was AWESOME!!!
I don't know what these other people are talking about. I say try it for yourself 🙂 But i'd defintely get MORE!
Same here!!! I loved it!!! My new favorite and I'm upset they took it off the menu.
I have gone to two different pandas, both in different states and i loved it! It has lots pf flavor. I dont like greens but the kale picked up a lot of the flavor from everything else in it. I say try it twice before you make a decision.
It's my go to choice now and I'm pretty happy with it. It's nothing I would ever crave, but I'm sure glad to have a palatable option that doesn't make me feel gross and hate myself when I need to eat on the run. And let's be honest, can you really say the same for Panda orange chicken? I've had the orange chicken two or three times and I've had more than enough of what looks to be juicy chunks of chicken that upon sinking my teeth into just turn out to dried up bits of orange glazed chickenless breading. No thanks. Eating fried breading in a sweet sauce, accidentally or otherwise, is a ticket to self loathing if ever there was one. If I'm going to invest the calories and fat in a platter of orange chicken now, I'm going to do it at a sit down mom and pop's where I know I'll enjoy it.
I've had the kale chicken twice now. I feel pretty good about two helpings of the kale chicken and steamed vegetables for the side.
Oh jeez, but about the kale chicken:both times mine had a fair amount of kale, a proportionate amount of mushrooms and a lot of broccoli. I thought the salt level was pretty much right on. I would have liked a little more chicken, but I'm just grateful for this tasty enough, lower calorie option.
Got some for lunch 2 days later I was diagnosed for Flagellate Dermatitis brought on by uncooked or partially cooked shiitake mushrooms (the only other cause would be chemotherapy which I'm not on) . Basically I got poisoned. They use fresh shiitakes and they are supposed to blanch them at 160° to denure the toxins.
It was the most miserable 8 days.Thank god my Dr did enough research to figure it out, scary to feel your throat swelling. No more shiitake kale chicken for me.
Just for the record I have never had an allergic reaction to anything! !!


I am delighted to acknowledge Multicultural Health Week. This year's theme Talk, Listen, Ask – For Better Health, is a wonderful opportunity to support communities from a culturally and linguistically diverse (CALD) background.
In NSW we come from 262 birthplaces, practise 144 religions, and speak 275 languages. Multicultural Health Week is a successful state-wide event that highlights the importance of language and culture in health services. This week will provide an opportunity for people to raise health issues and concerns in multicultural communities.
As Minister for Multiculturalism, I thank NSW Health for organising this significant and supportive cultural event across NSW.
I encourage you to attend local health events in your community.
Next articleFijian Wallabies fans to come together for Argentina test on the Gold Coast!


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The Weekly Global Roundup
The Weekly Global Roundup: Disruptions To The Political Status Quo In Brazil And Germany (October 29 to November 3, 2018)
Posted by guanyinmiao ⋅ November 3, 2018 ⋅ 11 Comments
Filed Under Afghanistan, Africa, Angela Merkel, Austria, Brazil, Chicago, China, Donald Trump, Germany, Google, Honduras, India, Indonesia, Ireland, Italy, Jair Bolsonaro, Mexico, New York, New Zealand, Nigeria, Pittsburg, Saudi Arabia, Sri Lanka, The Philippines, United Kingdom, West Africa, Yemen
This roundup covers news summaries across six regions: Africa, the Asia-Pacific, Europe, the Middle East, North America, and South America. Wherever possible I draw links to Singapore, but I think it is more important to understand geopolitical developments around the world, to draw attention to meaningful news stories, and to highlight both positive and negative events.
Around the world, I rely primarily on the email newsletters from "The Economist", "Foreign Policy", "Muck Rack", "The New York Times", "The Wall Street Journal", and "The World Post". In Singapore, the weekly digests from the European Union Centre and the Middle East Institute are handy. Do send me recommendations of news outlets or articles too, to jinyao.guan.yin.miao[a]gmail.com!
Brazilian president-elect Jair Bolsonaro.
October 29 to November 3, 2018
As far-right former army captain Jair Bolsonaro emerged as Brazil's president-elect, German Chancellor Angela Merkel announced that she would not seek another term as her country's chancellor. In Brazil, Mr. Bolsonaro – who had won the first round of the presidential election earlier this month and who had been stabbed at a campaign event in September this year – was declared the winner of his country's presidential election after winning more than 55 per cent of the vote. In Germany, where Miss Merkel's coalition received the worst results since the Second World War in Bavaria's regional elections last week and haemorrhaged support in the regional election of Hesse, the chancellor announced thereafter that she would not seek another term as chancellor.
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In Africa, while attacks by Islamic militants increased slightly in 2017, the number of incidents attributed to the Islamic State of Iraq and Syria has gone down.
A series of attacks by suspected Boko Haram militants in Nigeria left at least 15 people dead.
In West Africa, the traditional system of Trokosi – "where virgin girls, some as young as six years old, are sent into Troxovi shrines (shrines for gods) as slaves to make amends for wrongs committed by a member of the virgin girl's family" – leaves these girls vulnerable to sexual exploitation by the priests and shrine elders. They also live in constant poverty and deprivation.
The Asia-Pacific
A public bus in China plunged into a river after colliding with a car, killing two people.
In India, 16 police officers were sentenced to life imprisonment "for rounding up and massacring dozens of unarmed Muslims during historic riots in the country's north decades ago".
In Jakarta, Indonesia, a Lion Air aircraft carrying 189 people crashed into the sea shortly after take-off. "Indonesia is one of the world's fastest-growing aviation markets, but its safety record is patchy".
An avalanche in New Zealand killed two Germans.
In the Philippines, Typhoon Yutu killed at least nine people and trapped dozens more.
A political crisis in Sri Lanka – after the president summarily dismissed the prime minister – turned deadly "when the bodyguard of a former cabinet minister fired on a crowd, killing at least one person and wounding two others".
The European Court of Human Rights upheld the decision of an Austrian court, where blasphemy is a crime, "to fine a woman who had described Muhammad the Prophet as a paedophile".
German Chancellor Angela Merkel has lurched from crisis to crisis since the start of her fourth term earlier this year. A week after her fragile coalition received the worst results since the Second World War in Bavaria's regional elections, it "haemorrhaged support in a regional election in the western state of Hesse".
Right after, Miss Merkel said she would not seek another term as Germany's chancellor.
With 56 per cent of the vote, President of Ireland Michael D. Higgins won re-election to the largely ceremonial role. Voters also voted to remove "the offence of blasphemy from the constitution in a referendum held alongside the election". This comes months after the Irish voted to overturn a ban on abortion.
Violent storms in Italy killed 10 people over two days.
In Leicester City, the United Kingdom, a helicopter crash killed all five people on board, including the chairman of the city's football club Vichai Srivaddhanaprabha.
The crash of an army helicopter in Afghanistan killed all 25 on board. "The Taliban claimed its militants brought it down".
After claiming that prominent journalist Jamal Khashoggi was killed in a supposed fistfight, Saudi Arabia now says that evidence suggests that the killing was premeditated.
The killing of Saudi Arabian journalist Jamal Khashoggi has also shone a spotlight on the devastating war in Yemen. Economic measures by the Saudis have led to "infrastructure destroyed, jobs lost, a weakening currency, and soaring prices".
Again in Yemen, where there are two separate but overlapping conflicts, the United States has unveiled a United Nations-brokered blueprint for ceasefire and peace talks. More than 10,000 lives have been lost throughout this three-year conflict.
A violent weekend in Chicago left five people shot fatally and another 36 injured.
A helicopter crash in New York left two people dead.
In Pittsburg, a shooting in a synagogue left 11 people dead.
Workers at Google staged walkouts in protest of their company's lax handling of sexual-harassment claims.
As a large caravan of Honduran immigrants continue to head towards the United States, the Trump administration says it will "send 5,200 troops, military helicopters, and giant spools of razor wire" to the Mexican border.
In Brazil, far-right former army captain Jair Bolsonaro – who had won the first round of the presidential election earlier this month and who had been stabbed at a campaign event in September this year – was "declared the winner of the country's presidential election by a wide margin". He led with more than 55 per cent of the vote.
As a large caravan of Honduran immigrants continue to advance to the United States, the Trump administration is considering blocking ports of entry to migrants.
In July, former mayor of Mexico City Andrés Manuel López Obrador had won the presidential elections in Mexico by a landslide. Yet some cracks have appeared, after word spread that Venezuelan President Nicolás Maduro would attend his inauguration.
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Beauty in the Pot with @ofmeowandbake! https://t.co/x0VSnVALqP 14 hours ago


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August 23, 2014 PamelaLeave a Comment on #LA's only #Latino-owned #winery
#LA's only #Latino-owned #winery
Darlings, it's been a crazy week, so I'm sharing an oldie but a goodie. Here's a post on LA's only Latino-owned winery. Now you know that you really can go wine tasting in L.A. ¡Salud!
About an hour's drive north of downtown Los Angeles, the radio signal in my car begins to fade. Minutes later as I exit the 5 freeway at Agua Dulce Canyon Road, a country western station pipes in crystal clear.
The twangy guitar and folksy melody provide a fitting soundtrack for the winding country roads that lead to Reyes Winery, the only Latino-owned winery in Los Angeles County, and one of a few wineries 45 minutes away from the heart of downtown L.A.
Robert Reyes, winemaker and general manager, warmly welcomes me and a crew from ABC-7, who are here to do a segment on Señorita Vino for their Sunday morning television program, Vista LA [NOTE: the show aired Nov. 17, but if you're in L.A. County, you might catch a re-broadcast in the late evening or early morning].
Besides making wine, Reyes, a native of the Dominican Republic, paints and scuba dives. Yet this Renaissance man's passion for wine stems not from idyllic trips to Europe's wine regions, but from a beloved aunt.
"I've loved wine since I was a kid in the Dominican Republic," Reyes says. "My 92-year-old aunt would visit us in Santo Domingo and she'd bring a bottle of her homemade fruit wine. As kids, we'd get a taste."
Reyes was smitten, and as an adult, he started making his own version of his aunt's fruity concoction.
What started as a passion developed into a serious interest, and Reyes began schooling himself in the art of winemaking by reading books. He also consulted other winemakers and took courses at UC Davis, which has a world-renowned viticulture and enology program.
He planted the first vineyard at Reyes Winery in 2004, and harvested a small crop the next year. Today, the boutique winery produces 3,500 cases annually from five varietals: Cabernet Sauvignon, Merlot, Syrah, Chardonnay and Muscat.
On display in the tasting room are Reyes' own paintings of the vineyard and scenes evocative of his homeland. Also visible are some of the awards his wines have garnered.
"Our wines have been on the market for the past two-and-a-half years, and in that time we've earned medals in every competition we've entered," Reyes notes. To date, the winery has won 29 medals.
Despite the honors, Reyes remains grounded. And he's quick to dismiss wine snobbery. "There are a lot of people out there who, for whatever reason, have this attitude about wine knowledge," he says. "If you taste a wine and like it, then it doesn't matter what anyone else says about it."
When asked about wine consumption among Latinos, Reyes observes that Hispanics are definitely upping their wine drinking. He attributes the increase to the fact that Latinos are becoming more affluent as they integrate into American culture.
Vines are planted on 16 acres of land.
"Where we once worked in the fields, we now have the means to be able to make wine and especially drink wine," states Reyes. "It's a social phenomenon that we're all participating in."
Reyes Winery. 10262 Sierra Highway, Agua Dulce, Calif. 91390. (661) 268-1865. Open for tastings Saturday and Sunday, 11 a.m. to 5 p.m. Book a tasting and winery tour at www.reyeswinery.com.
Categories Wine, wine for beginners, Wine TastingTags Latino-owned wineries, Reyes Winery, wine tasting in Los Angeles, Wineries in Los Angeles
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Men In Coats
A little less conversation, a little more action.
This explosive duo have become one of the most talked about live comedy acts of the last few years. After returning from the Edinburgh Fringe Festival in 2002, where they debuted their full length show to sell-out audiences and critical acclaim, they were invited to perform at THE ROYAL VARIETY SHOW being shown on BBC1. "(Men in Coats) proved to be one of the evening's biggest successes" THE STAGE
Since then they have starred the in BBC's weekly Saturday night show "THE LIVE FLOOR SHOW", performed at the MELBOURNE COMEDY FESTIVAL, filmed a pilot for BBC, done 2 full-scale tours of the UK, toured in Greece, Portugal, France, Germany and Barbados and returned to Edinburgh where they were one of the highest grossing shows of the Fringe.
What the press say:
"A sheer delight… nigh on perfect" THE INDEPENDENT
"They redefine your expectations of what can be accomplished on a stage… the closing applause was thunderous." TELEGRAPH
"Just the kind of original, inventive, fun-packed performance that every Fringe show should be… Men in Coats are going to be huge." EVENING NEWS
"Intoxicating breath of fresh air" THE HERALD
"Breathtakingly imaginative… an overnight sensation" METRO
"Hilariously simple… Men in Coats are the talk of the Fringe" THE GUARDIAN
"Watching this show was the happiest hour I spent up in Edinburgh… fully deserving of a West End transfer" THE SPECTATOR
"Very funny… the most exciting visual comedy act… unstoppable" MALCOLM HAY, TIME OUT
"Mesmeric… head and shoulders above the rest" WILLIAM COOK, GUARDIAN
"Funnier than 90% of the shows currently running in the West End. If there's any justice in the world, Men in Coats will have their own television show within a year" EVENING STANDARD
Absurd and delirious, as funny as it is clever, there are no easy predictable routes to comedy for these boys. This is a totally original comedy experience and one of the funniest shows around.


Hello my name is Tom, I'm into quicksand/deep mud and also have a fetish for chocolate. I'm on here to chat and meet women around my area that havery the same fetishes that I have. I would love to go on a quicksand adventure with someone.


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How many of you have ever felt taken advantage of? You want to help your friends and family.. and in the end... who gets the short end of the stick?????
I still try to be optimistic...but I find it so hard.
I wrote this post for a reason... I just want to say that I believe DS!!
I like the notion that friends are family you got to pick. Friends like family will screw up and fail us, sometimes badly. OK..... they get to screw up sometimes. Its if they make things right after the crash that keeps or breaks what keeps you together as friends. If she corrects things she may still be your friend. If not well then perhaps she never really was.
I have a hard time sometimes with friends... I don't have many of them, but the very few that I do, are the ones I have kept because they haven't taken advantage of me. I've had to back away from several "friends" because of their "neediness". They take and take and take, and when I need them, they can't be there for me. I love to help my friends, but I believe it should be reciprocated.
I agree, Southpau. I have two "real friends". I would kill for them. I would die for them. I would trust them with my life.
I had a buddy that I went through boot camp with, and everywhere I got stationed, he was sure to show up later on. We served almost all of our military careers together, when I was in Desert Storm, I was so glad that I had my Ranger Buddy Ron watching my back! I Love that Man!
A true friend will hold your hair back for you while you puke after a bad night of drinking. I have 2 friends who fit this bill.
meem, I am so sorry your friend has done this to you. I would call her/him up and let them know how you feel. And if they still are being poo poo heads - well then F*** them and IF they have any friends, F*** too!
The reason I stayed in the reserves was solely for the comradaty that I have in a squadron. You work hard, play hard and would give your lives for eachother. I have many friends in the civilian world but at work I have yet to find the bonds we have in the military. I am closer to the guys I see once a month than the guys I work with every day. We look out for eachother and will help someone we don't even know if it is a friend of a friend. Hard to explain to civilians who just never saw that kind of bond.
I am there with Mike and Southpau. My best friend and I went through boot camp together.We were only ever stationed together for two years. I went through his first divorce with him. He was my maid of honour a year later. Now 18yrs later he has flown 3000miles twice now to help me now. Thats a friend!!!!!!!!
I have many friends and one real friend she comes over and just hangs out doing whatever I am doing we need no special plans, my home is her home we are comfortable doing nothing together and going out together. During the early part of my divorce she stayed with me day and night since I was such a mess so much anxiety and 1 full fledge panic attack she saved my sanity. She sat threw with me. I love her as much as my own sisters. I am truly blessed.
Mike you are so right. You get a certain bond with these guys that we serve with. It seems that no matter how far apart we are, we are always close to each other. It was funny, when I was in desert Storm, I would run into buddies there all the time. Soon we be dicussing all about this person or did you know so and so is with the 1st? It was amazing, like we hadn't been apart at all. It really hurt when I found that one of my buddies from boot was killed a couple years ago in Iraq.


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2-Metilbutiril-KoA je organsko jedinjenje, koje sadrži 26 atoma ugljenika i ima molekulsku masu od 851,651 -{Da}-.

Osobine

Reference

Literatura

Spoljašnje veze

 -{2-Methylbutyryl-CoA}-

Алкохоли
Ацетамиди
Ароматични амини
Тиоетри
Органофосфати
Пурини
Тиоестери коензима А

redpajama_set_name: RedPajamaWikipedia