Murder Defendant’s Trial Attorney Ineffective, COA Rules

first_imgThe Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.Trondo Humphrey was convicted of murder in 1996. In his direct appeal, Humphrey argued the trial court abused its discretion when it admitted into evidence a statement from a witness regarding Humphrey’s participation in the murder and erred when it admonished the jury to consider the statement for impeachment purposes only. The Indiana Supreme Court held the statement was admissible for impeachment and also said that had a proper objection to the instruction been filed, the court would have had to entertain it.In 2012, Humphrey filed a pro se petition for post-conviction relief and requested counsel. With counsel, he filed an amended petition arguing his trial counsel was ineffective for a number of reasons, including not objecting to the statement correctly. The post-conviction court denied his petition and Humphrey appealed.The trial court held that Humphrey’s petition wasn’t barred by laches, which the Court of Appeals affirmed. Judge Melissa May wrote there was no evidence that Humphrey knew post-conviction remedies were available to him. Also, the state did not meet its burden to demonstrate prejudice as a result of Humphrey’s delay.The COA also ruled Humphrey’s counsel was ineffective because he did not object to or correct an instructional error given to the jury, which told members they were free to consider a prior inconsistent statement to both impeach and as evidence on Humphrey’s guilt or innocence. The instruction misstated the law, May wrote, and Humphrey’s counsel’s lack of action was error. His counsel also misstated the law in his closing arguments in the same way.Humphrey’s counsel also erred in strategy. May wrote “If the decisions by Humphrey’s counsel were, as the State argues, part of a ‘strategy,’ we hold a strategy premised on allowing and making erroneous statements of law that improperly permit a jury to consider as substantive evidence of a client’s guilt a statement that was admissible only for impeachment is a strategy ‘so deficient or unreasonable as to fall outside of the objective standard of reasonableness,’” citing Autrey v. State, 700 N.E.2d 1140, 1141 (Ind. 1998).May wrote Humphrey was prejudiced because the statement was the only evidence that specifically identified Humphrey in the murder in a case where identity is the crucial issue. The jury considered substantive evidence as the only evidence that Humphrey was the shooter in the murder.The case is Trondo L. Humphrey v. State of Indiana, 48A02-1508-PC-1238.FacebookTwitterCopy LinkEmailSharelast_img read more

Weekend Poll Top Three: Fans Want JT to Wear Fiyero’s Pants

first_img View Comments 1. Justin Timberlake—25% He’s a marquee name with movie cred, so it’s no shock that a quarter of you think Timberlake should rock those tight white pants. Yeah, JT could certainly bring sexy back to Shiz. And maybe he’d even get SNL to feel a little Wicked. We hear you, we hear you. You really want a bona fide Broadway boy to play Fiyero if and/or when there’s ever a big-screen adaptation of musical blockbuster Wicked. Nevertheless, we polled you about which pop star you think should play the Winkie Prince, and you humored us with your votes. Now it’s time to take a look at the results. 3. Harry Styles—10% He’s young. He’s cute. He knows all about popular…and we have a feeling he knows what it’s like to juggle a couple of gorgeous witches. Of course, he may be well into his 40s by the time a Wicked movie materializes. Oh, well. Sigh!   2. Nick Jonas—22%   Your second place choice is the most Broadway option on the list. Jonas has stage credits on the Great White Way, a huge fan following and the ability to hld his own against any green girl. This is a no brainer. last_img read more

Norm Lewis, LaChanze & More Tapped for Encores!’ Cabin in the Sky

Initial casting is set for New York City Center Encores!’ production of Cabin in the Sky. Norm Lewis will star alongside Tony winners LaChanze and Chuck Cooper in the staging, which will begin on February 10, 2016 and play seven performances through February 14. Ruben Santiago‐Hudson will direct and Camille A. Brown will choreograph.The 1940 musical features a score by Vernon Duke, lyrics by John Latouche and a book by Lynn Root. It follows “Little Joe” Jackson, who, after dying in a bar fight, must prove his place in heaven to the Lord’s General (Lewis), his wife Petunia (LaChanze), all while resisting temptations from the Devil’s Head Man (Cooper). Tony winner Jonathan Tunick will recreat the original, lost orchestrations.Lewis most recently starred on Broadway in The Phantom of the Opera; he earned a Tony nod for his performance in The Gershwins’ Porgy and Bess. LaChanze, a Tony winner for The Color Purple and a nominee or Once on This Island, is currently reprising her If/Then performance in the national tour. Cooper won a Tony in 1997 for The Life and has since appeared in shows including Caroline, or Change, Act One and Amazing Grace.The cast is set to additionally feature J. Bernard Calloway (All The Way), Marva Hicks (Motown), Carly Hughes (Chicago), Tony nominee Forrest McClendon (The Scottsboro Boys) and J.D. Webster (The Gershwins’ Porgy and Bess).Encores!’ 2016 season will also include a multi-ethnic production of 1776 under the direction of Garry Hynes, featuring music direction by Ben Whiteley and choreography by Chris Bailey, as well as Do I Hear a Waltz, directed by Evan Cabnet, musical direction by Rob Berman and choreography by Chase Brock. View Comments read more

Propagating Plants.

first_imgWhether you’re a garden hobbyist or a professional grower, you’ll find something useful at the “Ornamental Plant Propagation Workshop” Feb. 9 in Savannah, Ga., and Feb. 16 in Griffin, Ga.Yes, it’s education. But scientists with the University of Georgia and the Georgia Flower Growers Association promise a “dippin’, stickin’, rootin’, shootin’ good time” at the hands-on workshops.The experts will show how to make new plants from old ones by cuttings and other techniques. And they’ll help you learn all about the potting media, rooting hormones and misting systems used for plant propagation.Get Your Hands DirtyGet your hands dirty and get expert answers to your questions about the scientific background of plant propagation. Learn the techniques, basic cutting physiology, rooting hormones and potting mixes, and even details on specific propagation systems.You’ll learn how to propagate vegetative annuals, herbs, houseplants, perennials, semiwoody and woody plants. And you can take your day’s efforts home to watch the plants grow.The workshops will be at the Coastal Gardens and Bamboo Farm in Savannah and the Georgia Experiment Station in Griffin.Reservation is required for either workshop. And since each is limited to 80 people, it’s best to sign up early. To get the early bird special, call Peggy McCauley at (877) 845-0704 by Feb. 1. Or e-mail her ([email protected]).last_img read more

Senate passes watered down Vermont Yankee bill

first_imgThe state Senate yesterday passed a Vermont Yankee decommissioning bill that is a significantly watered down version of one that passed the House, but which still requires the current owners of the Vernon nuclear power plant to cover the cost of decommissioning the plant, whenever that might be. The House version requires that Entergy fully fund the decommissioning within 10 years if the plant closes in 2012.Entergy is seeking to renew the license for another 20 years. Because of the long period of cool-down and actual dismantling of the plant, much of the money Entergy intended to pay for the decommissioning is coming from investments, which were expected to grow substantially over several decades. However, those investments have suffered as the stock market plummeted over the last year; the expected decommissioning costs have risen; and Entergy announced last year that it wanted to spin off some of its older plants, including Vermont Yankee, into a new company.The Senate legislation is intended to ensure that if the company is spun off, that the plant’s owner – not the state of Vermont or its ratepayers – is still required to bear the cost of decommissioning. However, Central Vermont Public Service Director of Public Affairs Steve Costello pointed out that in the original terms of the sale to Entergy, as approved by the Vermont Pubic Service Board after much deliberation, required that the owner of the plant be responsible for the decommissioning and that under no scenario would Vermont be left with decommissioning the plant. Costello said that very point was one of the reasons that the local utility owners, including CVPS and Green Mountain Power, as well as state regulators, wanted to sell the plant.“The NRC has complete authority to order plant owners to put money into the decommissioning fund whenever it feels the need, and complete authority to enforce decommissioning obligations on its owner – whoever that is,” Costello said in an email to VBM. “They’ve never let an operator walk away from its obligations. We believe the bill and the House version are unnecessary and will only serve to complicate negotiations on a new power contract and could even result in an early shutdown.”In a prepared statement, Senator Ann Cummings, Chairwoman of the Senate Finance Committee, said: “When Entergy Corporation bought Vermont Yankee they promised Vermonters that they would be responsible for the costs of decommissioning the plant. We want to make sure that Entergy Corporation keeps their promise to Vermonters.”As for the new contract, Costello said, “We continue to talk, but I can’t say when we’ll have a contract proposal to release. We remain hopeful, however, that we will come up with an agreement that provides benefits to Vermont.”The decommissioning bill, H 436, requires that if Vermont Yankee is sold, the Public Service Board (PSB) must determine that its decommissioning fund has the capacity to pay for the clean up of the plant upon the closing of Vermont Yankee.  If the fund is adequate, the PSB will require nothing further.  If the fund is inadequate, Entergy will be required to either add funds or supply a letter of credit or other guarantee to shore up the fund.  When decommissioning does occur, H 436 assures that the fund will be adequate to cover all costs, regardless of whether the corporation that owns the plant is financially strong or not. The decommissioning bill will be taken up for third reading in the Senate today. If passed, as expected, it would go to conference committee to resolve the differences with the House version.last_img read more

Hurricane season: Record number of named Atlantic storms

first_imgHurricanes A guide to the world’s deadliest storms Winds 154-177km/hRoofs and trees could be damaged. Storm surge +1.8m-2.4m – Advertisement – Hurricanes are violent storms that can bring devastation to coastal areas, threatening lives, homes and businesses. Hurricane Sandy (2012) caused $71bn damage in the Caribbean and New York The storm rotates due to the spin of the earth and energy from the warm ocean increases wind speeds as it builds. – Advertisement – “Everybody has a plan until they get punched in the face. Well, we’re about to get punched in the face.” Florida Mayor Bob Buckhorn, ahead of Hurricane Irma (2017) A mound of water piles up below the eye which is unleashed as the storm reaches land. These storm surges can cause more damage from flooding than the winds. The size of hurricanes is mainly measured by the Saffir-Simpson scale – other scales are used in Asia Pacific and Australia. Air swirls in to fill the low pressure in the storm, sucking air in and upwards, reinforcing the low pressure. Winds 178-208km/hHouses suffer damage, severe flooding Storm surge +2.7m-3.7m “Urgent warning about the rapid rise of water on the SW FL coast with the passage of #Irma’s eye. MOVE AWAY FROM THE WATER!”Tweet from the National Hurricane Centercenter_img Winds 252km/h+Serious damage to buildings, severe flooding further inland. Storm surge +5.5m Winds 119-153km/hSome minor flooding, little structural damage. Storm surge +1.2m-1.5m “For everyone thinking they can ride this storm out, I have news for you: that will be one of the biggest mistakes you can make in your life.” Mayor of New Orleans Ray Nagin ahead of Hurricane Gustav, 2008 Winds 209-251km/hSome roofs destroyed and major structural damage to houses. Storm surge +4m-5.5m – Advertisement – When winds reach 119km/h (74mph), it is known as a hurricane – in the Atlantic and Eastern Pacific – or a typhoon in the Western Pacific. Hurricane Ike (2008) hit Caribbean islands and Louisiana and was blamed for at least 195 deaths Hurricanes develop from thunderstorms, fuelled by warm, moist air as they cross sub-tropical waters. Warm air rises into the storm. Hurricane Irma (2017) caused devastation in Caribbean islands, leaving thousands homeless – Advertisement – The central eye of calmer weather is surrounded by a wall of rainstorms.This eyewall has the fastest winds below it and violent currents of air rising through it.last_img read more

Call for project proposals “Increasing energy efficiency and use of RES in the service sector (tourism, trade)” published

first_imgOn 8 May 2018, the Ministry of Environmental Protection and Energy published a call for project proposals “Increasing energy efficiency and the use of RES in the service sector (tourism, trade)”.The total amount of grants available from the European Regional Development Fund for allocation under this Call is HRK 76 million. The call is implemented under Priority Axis 4 ‘Promotion of energy efficiency and renewable energy sources’, Specific objective 4b2 ‘Increasing energy efficiency and use of RES in the service sector (tourism, trade)’ of the Operational Program ‘Competitiveness and Cohesion’ 2014-2020. The Open Call is intended for companies registered for activities in tourism and trade. The lowest amount of grants that can be awarded to an individual project is 220 thousand kuna, while the highest amount is 13 million kuna.The call aims to support the reduction of energy consumption in companies registered for tourism and / or trade, through the implementation of energy efficiency measures (measures) and / or activities (measures) for the use of renewable energy sources that bring energy consumption to the cost of the company of at least 20% in relation to the reference delivered energy, ie in relation to the consumption of delivered energy before the implementation of measures.Applications for the Call are accepted from June 15, 2018 to September 21, 2018.During the award process, potential applicants may continuously ask questions in order to clarify the documentation of the Call, and the answers will be published during the award process on the eFunds website within 7 calendar days from the date of receipt of each request. Questions with a clearly indicated reference to the Call can be asked only electronically to the following e-mail address: [email protected] Ministry of Environmental Protection and Energy will organize information workshops in which all potential applicants can participate. The date, time and place of informative and educational workshops during the Call will be published on the website of the Ministry www.mzoe.hr, and on the websites www.strukturnifondovi.hr and http://efondovi.mrrfeu.hr at least 10 calendar days before days of their workshops. The date, time and place of additional, “ad hoc” organized information workshops will be announced at least 3 calendar days before their holding.You can find more about the Call, as well as all the documentation here.last_img read more

COVID-19: Batam authorities succeed in quarantining two ‘evaders’

first_imgHe agreed to be quarantined after persuasive intervention by police officers, although he was still anxious about being unable to make an income during the 14-day period. Riau Islands Police health division head Sr. Comr. Muhammad Haris said police were able to track the man down with the help of the ride-hailing company where he worked.”We told him he needed to be quarantined because he was in contact with a person with COVID-19. If he refused, we would take action,” Haris told The Jakarta Post on Thursday.Read also: Indonesia to turn former Vietnamese refugee camp into hospital for COVID-19 patientsHe added that the man had not been in direct contact with the Singapore COVID-19 patient, but rather with the patient’s domestic helper.Haris added that some confusion seemed to exist among the media regarding the number of people who had escaped quarantine, and stressed that only one person had fled. The other man had refused to be quarantined in the first place, but had since agreed to be quarantined at the haj dormitory.”[So] We only found the one person. We found him the day after he fled quarantine,” he said. “He told us, if he was quarantined, how would he make money. Well, financial problems are not our jurisdiction. Our job is just to find him.”Haris also said that officers had been placed on guard at the haj dormitory that is being used to quarantine 11 identified close contacts, while others had been assigned to the residences of the four other close contacts, who are in self-isolation. (nal)Topics : Two male residents of Batam, the Riau Islands, who had been in close contact with a Singaporean who had the virus, were placed in quarantine on Wednesday after initially evading health authorities.Both men work as ride-hailing ojek (motorcycle taxi) drivers and are among the 15 people identified as having been in close contact with three Singapore residents who tested positive for COVID-19 after visiting Batam. The two had evaded health authorities for fear of losing their incomes.The first man had briefly entered the quarantine facility at a local haj dormitory along with nine others, but escaped on Tuesday morning.last_img read more

Governor Wolf Announces a New State/Federal Partnership to Bring $28 Million to Help Farmers in Bay Watershed Improve Local Water Quality

first_img October 04, 2016 Environment,  Press Release Boyce, VA – Governor Tom Wolf today announced that farmers in the Chesapeake Bay Watershed will be on the receiving end of $28 million in state and federal funding to assist in Pennsylvania’s efforts to minimize negative effects of runoff on local water quality and ultimately, the Bay.“What remains clear is that Pennsylvania has been, and continues to make strides toward protecting and improving local water quality, but we know that we have additional work to do to make sure every producer is operating in a way that minimizes impacts to local water quality, and ultimately to the Bay,” Governor Wolf said. “We must continue to develop and deploy effective targeting in high-priority areas, support community-based and locally-led approaches to conservation, collaboratively seek new funding opportunities, and engage all stakeholders – federal, state, local, public, private, non-profit – in our approach to local water quality.”Governor Wolf today attended the Chesapeake Bay Executive Council in Virginia along with Gov. Terry McAuliffe, U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy, U.S. Department of Agriculture (USDA) Under Secretary Robert Bonnie and others. He discussed Pennsylvania’s Chesapeake Bay Restoration Strategy, which since being announced earlier this year, has accelerated the commonwealth’s progress in meeting goals mandated by the federal government.Pennsylvania Secretaries Cindy Dunn of the Department of Conservation and Natural Resources, Russell Redding of the Department of Agriculture and Acting Secretary Patrick McDonnell of the Department of Environmental Protection were also in attendance.At the meeting, Governor Wolf also joined with federal colleagues in announcing a new partnership between Pennsylvania, EPA, and USDA that will increase both federal and state financial resources to help meet Pennsylvania’s 2025 nutrient and sediment reduction commitments. Pennsylvania will provide $12 million in additional funding to improve local water quality while the federal government has committed more than $16 million.The joint strategy will accelerate nutrient and sediment reductions by implementing agricultural conservation practices that reduce nutrients on farms in priority areas, providing more technical assistance to help farmers implement agricultural conservation practices that are proved to reduce nutrients, and leveraging innovative private sector partnerships, private capital, and markets to magnify the benefits of these investments.The new partnership also aligns closely with Pennsylvania’s Restoration Strategy, a collaborative effort between the Departments of Environmental Protection, Agriculture, and Conservation and Natural Resources, along with other stakeholders who played key roles in the design, development and implementation of the strategy. The agencies and stakeholders continue to work together to coordinate plans, policies and resources. The strategy relies on a mix of technical and financial assistance, technology, expanded data gathering, improved program coordination and capacity and – when necessary – stronger enforcement and compliance measures.“All across the state, we have countless farmers who are doing the right thing to protect local water quality, and we have others who want to do the same, but simply lack the resources — particularly in this economic climate where many commodity prices are historically low,” said Agriculture Secretary Russell Redding. “As part of our restoration strategy, we have committed to finding new funding to help farmers meet the commonwealth’s water quality improvement obligations. Now, thanks to the Governor’s leadership and the support of our federal partners, we have $28 million in new resources dedicated to helping our farmers.”“DCNR has committed a new pool of grant funds and is devoting more staff time to planting forest buffers along streams in the Bay watershed of Pennsylvania,” said Department of Conservation and Natural Resources Secretary Cindy Adams Dunn. “Using our own staff experts, from foresters to grant staff to natural resource staff on our state parks, we can expand current buffer planting in Pennsylvania and provide showcase projects for others to adopt.”“DEP’s priority is to protect local water quality for Pennsylvanians, and thereby help protect the Bay for all,” said DEP Acting Secretary Patrick McDonnell. “We’re working to accomplish this through a strategic, collaborative partnership with state and local agencies.”There are six essential recommendations laid out in the Restoration Strategy:Put high-impact, low-cost Best Management Practices (BMPs) on the ground, and quantify undocumented BMPs in watersheds impaired by agriculture or stormwater.Improve reporting, record keeping and data systems to provide better and more accessible documentation.Address nutrient reduction by meeting EPA’s goal of inspecting 10 percent of farms in the watershed, ensuring development and use of manure management and agricultural erosion and sediment control plans, and enforcement for non-compliance.Identify legislative, programmatic or regulatory changes to provide the additional tools and resources necessary to meet federal pollution reduction goals by 2025.Obtain additional resources for water quality improvement.Establish a Chesapeake Bay Office to coordinate the development, implementation and funding of the commonwealth’s Chesapeake Bay efforts.To learn more about Pennsylvania’s efforts to improve local water quality in the Bay watershed, please visit here.Like Governor Tom Wolf on Facebook: Facebook.com/GovernorWolf Governor Wolf Announces a New State/Federal Partnership to Bring $28 Million to Help Farmers in Bay Watershed Improve Local Water Qualitycenter_img SHARE Email Facebook Twitterlast_img read more

USACE Collaborates with Schools to Careers Partnership

first_imgThe USACE’s New England District has once again collaborated with the Schools to Careers Partnership to sponsor a daylong event as part of the Program’s three-day Bioengineering Symposium.“This is the second year the District has done a full site tour – last year we toured Muddy River – but this is the fourth year we have participated in the overall event,” said Mark Anderson, STEM Coordinator for the New England District. “The first two years were just a USACE 101 discussion with the students.”Twenty-two 10th and 11th grade students gave up some of their April vacation to attend the symposium. The students came from a variety of schools to include Holbrook, Blue Hills Regional Technical, Avon, Canton, Dedham, Milton, Norwood and Randolph.New England District team members started the day by meeting the students at the Blue Hill Regional Technical High School for a USACE 101 discussion.“Following the briefing, students traveled to New Bedford, Massachusetts and received a tour of the entire New Bedford Harbor Superfund site before returning home,” said Anderson.The educational partnership agreement between the District and the School to Careers Partnership has been in place since July 28, 2014. The agreement is one of several the District has with local educational institutions. The partnership is in keeping with the Corps of Engineers objectives to shape the workforce of the future and to increase STEM and Wounded Warrior initiatives, USACE said.last_img read more