Public NLP Dataset Backup
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It is done, and submitted. You can play “Survival of the Tastiest” on Android, and on the web. Playing on the web works, but you have to simulate multi-touch for table moving and that can be a bit confusing.
There’s a lot I’d like to talk about. I’ll go through every topic, insted of making the typical what went right/wrong list.
Concept
Working over the theme was probably one of the hardest tasks I had to face.
Originally, I had an idea of what kind of game I wanted to develop, gameplay wise – something with lots of enemies/actors, simple graphics, maybe set in space, controlled from a top-down view. I was confident I could fit any theme around it.
In the end, the problem with a theme like “Evolution” in a game is that evolution is unassisted. It happens through several seemingly random mutations over time, with the most apt permutation surviving. This genetic car simulator is, in my opinion, a great example of actual evolution of a species facing a challenge. But is it a game?
In a game, you need to control something to reach an objective. That control goes against what evolution is supposed to be like. If you allow the user to pick how to evolve something, it’s not evolution anymore – it’s the equivalent of intelligent design, the fable invented by creationists to combat the very idea of evolution. Being agnostic and a Pastafarian, that’s not something that rubbed me the right way.
Hence, my biggest dillema when deciding what to create was not with what I wanted to create, but with what I did not. I didn’t want to create an “intelligent design” simulator and wrongly call it evolution.
This is a problem, of course, every other contestant also had to face. And judging by the entries submitted, not many managed to work around it. I’d say the only real solution was through the use of artificial selection, somehow. So far, I haven’t seen any entry using this at its core gameplay.
Alas, this is just a fun competition and after a while I decided not to be as strict with the game idea, and allowed myself to pick whatever I thought would work out.
My initial idea was to create something where humanity tried to evolve to a next level but had some kind of foe trying to stop them from doing so. I kind of had this image of human souls flying in space towards a monolith or a space baby (all based in 2001: A Space Odyssey of course) but I couldn’t think of compelling (read: serious) mechanics for that.
Borgs were my next inspiration, as their whole hypothesis fit pretty well into the evolution theme. But how to make it work? Are you the borg, or fighting the Borg?
The third and final idea came to me through my girlfriend, who somehow gave me the idea of making something about the evolution of Pasta. The more I thought about it the more it sounded like it would work, so I decided to go with it.
Conversations with my inspiring co-worker Roushey (who also created the “Mechanical Underdogs” signature logo for my intros) further matured the concept, as it involved into the idea of having individual pieces of pasta flying around and trying to evolve until they became all-powerful. A secondary idea here was that the game would work to explain how the Flying Spaghetti Monster came to exist – by evolving from a normal dinner table.
So the idea evolved more or less into this: you are sitting a table. You have your own plate, with is your “base”. There are 5 other guests at the table, each with their own plate.
Your plate can spawn little pieces of pasta. You do so by “ordering” them through a menu. Some pastas are better than others; some are faster, some are stronger. They have varying costs, which are debited from your credits (you start with a number of credits).
Once spawned, your pastas start flying around. Their instinct is to fly to other plates, in order to conquer them (the objective of the game is having your pasta conquer all the plates on the table). But they are really autonomous, so after being spawned, you have no control over your pasta (think DotA or LoL creeps).
Your pasta doesn’t like other people’s pasta, so if they meet, they shoot sauce at each other until one dies. You get credits for other pastas your own pasta kill.
Once a pasta is in the vicinity of a plate, it starts conquering it for its team. It takes around 10 seconds for a plate to be conquered; less if more pasta from the same team are around. If pasta from other team are around, though, they get locked down in their attempt, unable to conquer the plate, until one of them die (think Battlefield’s standard “Conquest” mode).
You get points every second for every plate you own.
Over time, the concept also evolved to use an Italian bistro as its main scenario.
Carlos, Carlos’ Bistro’s founder and owner
Setup
No major changes were made from my work setup. I used FDT and Starling creating an Adobe AIR (ActionScript) project, all tools or frameworks I already had some knowledge with.
One big change for me was that I livestreamed my work through a twitch.tv account. This was a new thing for me. As recommended by Roushey, I used a program called XSplit and I got to say, it is pretty amazing. It made the livestream pretty effortless and the features are awesome, even for the free version. It was great to have some of my friends watch me, and then interact with them and random people through chat. It was also good knowing that I was also recording a local version of the files, so I could make a timelapse video later.
Knowing the video was being recorded also made me a lot more self-conscious about my computer use, as if someone was watching over my shoulder. It made me realize that sometimes I spend too much time in seemingly inane tasks (I ended up wasting the longest time just to get some text alignment the way I wanted – it’ll probably drive someone crazy if they watch it) and that I do way too many typos where writing code. I pretty much spend half of the time writing a line and the other half fixing the crazy characters in it.
My own stream was probably boring to watch since I was coding for the most time. But livestreaming is one of the cool things to do as a spectator too. It was great seeing other people working – I had a few tabs opened on my second monitor all the time. It’s actually a bit sad, because if I could, I could have spent the whole weekend just watching other people working! But I had to do my own work, so I’d only do it once in a while, when resting for a bit.
Design
Although I wanted some simple, low-fi, high-contrast kind of design, I ended up going with somewhat realistic (vector) art. I think it worked very well, fitting the mood of the game, but I also went overboard.
For example: to know the state of a plate (who owns it, who’s conquering it and how much time they have left before conquering it, which pasta units are in the queue, etc), you have to look at the plate’s bill.
The problem I realized when doing some tests is that people never look at the bill! They think it’s some kind of prop, so they never actually read its details.
Plus, if you’re zoomed out too much, you can’t actually read it, so it’s hard to know what’s going on with the game until you zoom in to the area of a specific plate.
One other solution that didn’t turn out to be as perfect as I thought was how to indicate who a plate base belongs to. In the game, that’s indicated by the plate’s decoration – its color denotes the team owner. But it’s something that fits so well into the design that people never realized it, until they were told about it.
In the end, the idea of going with a full physical metaphor is one that should be done with care. Things that are very important risk becoming background noise, unless the player knows its importance.
Originally, I wanted to avoid any kind of heads-up display in my game. In the end, I ended up adding it at the bottom to indicate your credits and bases owned, as well as the hideous out-of-place-and-still-not-obvious “Call Waiter” button. But in hindsight, I should have gone with a simple HUD from the start, especially one that indicated each team’s colors and general state of the game without the need for zooming in and out.
Development
Development went fast. But not fast enough.
Even though I worked around 32+ hours for this Ludum Dare, the biggest problem I had to face in the end was overscoping. I had too much planned, and couldn’t get it all done.
Content-wise, I had several kinds of pasta planned (Wikipedia is just amazing in that regard), split into several different groups, from small Pastina to huge Pasta al forno. But because of time constraints, I ended up scratching most of them, and ended up with 5 different types of very small pasta – barely something to start when talking about the evolution of Pasta.
Pastas used in the game. Unfortunately, the macs where never used
Which is one of the saddest things about the project, really. It had the framework and the features to allow an endless number of elements in there, but I just didn’t have time to draw the rest of the assets needed (something I loved to do, by the way).
Other non-obvious features had to be dropped, too. For example, when ordering some pasta, you were supposed to select what kind of sauce you’d like with your pasta, each with different attributes. Bolognese, for example, is very strong, but inaccurate; Pesto is very accurate and has great range, but it’s weaker; and my favorite, Vodka, would triggers 10% loss of speed on the pasta hit by it.
The code for that is mostly in there. But in the end, I didn’t have time to implement the sauce selection interface; all pasta ended up using bolognese sauce.
To-do list: lots of things were not done
Actual programming also took a toll in the development time. Having been programming for a while, I like to believe I got to a point where I know how to make things right, but at the expense of forgetting how to do things wrong in a seemingly good way. What I mean is that I had to take a lot of shortcuts in my code to save time (e.g. a lot of singletons references for cross-communication rather than events or observers, all-encompassing check loops, not fast enough) that left a very sour taste in my mouth. While I know I used to do those a few years ago and survive, I almost cannot accept the state my code is in right now.
At the same time, I do know it was the right thing to do given the timeframe.
One small thing that had some impact was using a somewhat new platform for me. That’s Starling, the accelerated graphics framework I used in Flash. I had tested it before and I knew how to use it well – the API is very similar to Flash itself. However, there were some small details that had some impact during development, making me feel somewhat uneasy the whole time I was writing the game. It was, again, the right thing to do, but I should have used Starling more deeply before (which is the conundrum: I used it for Ludum Dare just so I could learn more about it).
Argument and user experience
One final aspect of the game that I learned is that making the game obvious for your players goes a long way into making it fun. If you have to spend the longest time explaining things, your game is doing something wrong.
And that’s exactly the problem Survival of the Tastiest ultimately faced. It’s very hard for people to understand what’s going on with the game, why, and how. I did have some introductory text at the beginning, but that was a last-minute thing. More importantly, I should have had a better interface or simplified the whole concept so it would be easier for people to understand.
That doesn’t mean the game itself should be simple. It just means that the experience and interface should be approachable and understandable.
Conclusion
I’m extremely happy with what I’ve done and, especially given that this was my first Ludum Dare. However, I feel like I’ve learned a lot of what not to do.
The biggest problem is overscoping. Like Eric Decker said, the biggest lesson we can learn with this is probably with scoping – deciding what to do beforehand in a way you can complete it without having to rush and do something half-assed.
I’m sure I will do more Ludum Dares in the future. But if there are any lessons I can take of it, they are to make it simple, to use frameworks and platforms you already have some absolute experience with (otherwise you’ll spend too much time trying to solve easy questions), and to scope for a game that you can complete in one day only (that way, you can actually take two days and make it cool).
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3 Responses to ““Survival of the Tastiest” Post-mortem”
darn it , knowing that I missed your livestream makes me a sad panda ;( but more to the point, the game is … well for a startup its original to say the least ;D it has some really neat ideas and more importantly its designed arround touch screens whitch by the looks of the submission is something rare ;o or that could be just me and my short memory -_-! awesum game, love et <3 |
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Topic: reinvent midnight madness
Amazon announced a new service at the AWS re:Invent Midnight Madness event. Amazon Sumerian is a solution that aims to make it easier for developers to build virtual reality, augmented reality, and 3D applications. It features a user friendly editor, which can be used to drag and drop 3D objects and characters into scenes. Amazon … continue reading |
About Grand Slam Fishing Charters
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A Great Way To Make New Friends!
Our dockside parties are a great way to make new friends! Everyone is welcome!
Andrea runs the whole operation, from discussing your initial needs by phone or email through to ensuring you have sufficient potato chips. Andrea has worked as concierge for many International resorts and fully understands the high expectations of international visitors.
“Life’s A Game But Fishing Is Serious!”
Unlike many tour operators, our crew are highly valued and have been with us since day 1. Each have their own personalities and sense of humour and understand the importance of making your day perfect, for us the saying is true, “Lifes a game but fishing is serious!”
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Q:
Why was Mundungus banned from the Hog's Head?
In Order of the Phoenix while the trio were in the Hogs Head for the first time plotting the start of Dumbledore's Army, it transpires that ol' Dung was lurking in the pub in a disguise, having been banned 20 years previously according to Sirius.
Firstly, why was he banned? this could possibly be the tight spot that Albus had helped Dung with in the first place that made him loyal to Albus.
And secondly, how is it that he is then speaking to Aberforth in Halfblood Prince? (assuming the ban was for something rather unforgivable, 20 years is a long time?)
They both could have been in the Order by then, but unlikely given Aberforth's attitude in Deathly Hallows once the trio arrive in Hogsmeade looking for the tiara. We learn now that a lot of trafficking goes on through the Hogs Head so maybe Dung was trading with Aberforth, Sirius' mirror and various other Black artifacts, he just was not allowed in the pub.
Anyone with something in canon or more plausible?
A:
why was he banned?
I'm not able to find any canon data on that, either book text search or interviews transcripts.
how is it that he is then speaking to Aberforth in Halfblood Prince?
In HBP, he's speaking to Aberforth, NOT being inside Hog's Head. The topic was selling stuff he stole from Sirius' place:
Nikki: How did sirius twoway mirror end up with aberforth or is it another twoway mirror?
J.K. Rowling: You see Aberforth meeting Mundungus in Hogsmeade. That was the occasion on which Dung, who had taken Sirius’s mirror from Grimmauld Place, sold it to Aberforth.
(src: J.K. Rowling Interview / The Deathly Hallows Web Chat / July 2007)
As a note - this was important since one of the things sold was the 2-way mirror that Harry used to request help when they were imprisoned at Malfoy's in DH.
So, he was banned from the pub (probably, to avoid causing Aberforth's establishment further trouble), but doesn't mean Aberforth won't talk/do business with him otherwise.
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Working Women, Special Provision and the Debate on Equality
There has been considerable coverage in the media recently about the possibility of offering women in employment paid leave from work during their menstrual period. This has generated a broad range of responses relating to long-standing discussions about ‘equality’ and ‘difference’: is women’s equality best achieved by treating them the same as men or by making provisions that recognise their differences in terms of physiological constitution and biological functions?
If the UK introduces such an initiative, it would not be the first country in the contemporary world to do so. Many countries in Asia already make the provision and Russia debated introducing a law in 2013. The policy also has a significant historical precedent. A whole chapter of my book Women Workers in the Soviet Interwar Economy: From ‘Protection’ to ‘Equality’ (Macmillan, 1999), based on extensive research conducted for my PhD, is devoted to ‘Provision for “Menstrual Leave”’.
In the 1920s, scientific researchers and labour hygiene specialists in the Soviet Union conducted extensive investigations into the impact of menstruation on women’s capacity to work in manual and industrial jobs requiring a significant degree of physical labour. Their recommendations led to two decrees being issued that targeted specific categories of women workers:
Decree ‘On the release from work during menstruation of machinists and iron press workers working on cutting machines without mechanised gears in the garment industry’, 11 January 1922
Decree ‘On the working conditions of women tractor and lorry drivers’, 9 May 1931
These decrees arose from research that suggested, amongst other things, that inadequate seating at machines and on tractors resulted in congestion and tension in the abdomen that was exacerbated during menstruation. In practice, the decrees did not provide for regular absence from work. Women seeking to benefit from the provision had to provide a doctor’s note, similar to the usual requirements for sick leave.
The official research into the impact of menstruation on women’s capacity to work and the application of the decrees in practice raised a number of issues on both sides of the argument. I offer only a summary of the contemporary research findings and observer commentary here:
For the provision:
• employers have a responsibility to protect the health of their workers and unhealthy, poor and inadequate working environments can have a detrimental impact on women’s reproductive health
• women’s labour productivity and output would rise as a result
• it is essential to protect the professionalism of certain categories of workers: the debates here centred on performance artists and female theatrical employees engaged in highly physical and intensely emotional work
• heavy physical labour and strenuous exercise can lead to disruptions of the menstrual cycle
• women’s physical and intellectual capacities are reduced during menstruation; women lose muscular strength and powers of concentration
• women’s biological constitution and reproductive functions require specific recognition in law
Against the provision:
• employers are less likely to appoint women if they are guaranteed paid time off work during menstruation
• (often from male workers, who viewed the employment of women as competition) women should not be employed in jobs for which they lack the physical strength and mental capacity
• if necessary, women could be transferred to different tasks involving easier work during menstruation
• the provision would be open to uneven application and abuse
• women cannot expect to be considered equal with men if they are given special treatment in the law
It is worth noting also that the various research projects often revealed that the vast majority of women reported no regular problems or abnormalities with menstruation, and that men commonly reported higher levels of sickness than their female colleagues. Many of the problems experienced by women in the workplace could be mitigated by the introduction of improvements to their physical working conditions (not sitting down or standing up in the same position for long periods of time) or by the simple introduction of very short breaks that would allow women to walk around and get some exercise.
Debates in the UK, on the TV and in the press, are unlikely to reach a consensus on this issue. What do you think? |
Q:
Using M-Test to show you can differentiate term by term.
I have the series $\sum_{n=1}^\infty \frac{\lambda^{n-1}n}{n!}=\sum_{n=1}^\infty \frac{d}{d\lambda}\big(\frac{\lambda^n}{n!} \big)$
and I would like it to be $\frac{d}{d\lambda}\big(\sum_{n=1}^\infty \frac{\lambda^n}{n!})$.
I'm trying to show that this sequence of functions converges uniformly on $(0,\infty)$ and so I'm trying the M-Test. So I need to find bounds $M_n$ for $\big|\frac{\lambda^n}{n!}\big|$, such that $\sum M_n$ converges.
Thanks. This is in order to show that I can actually do the differentiation term by term.
A:
You deal with a power series with radius of convergence $R=+\infty$ so you can differentiate term by term.
|
Jeanette Sawyer Cohen, PhD, clinical assistant professor of psychology in pediatrics at Weill Cornell Medical College in New York City
Pediatric Psychologist
How to Teach Independence?
How can I teach my toddler to do things independently?
You’ve probably become more patient since you started this whole parenthood thing. And you’re going to have to practice patience even more as your toddler learns to become more independent.
For example, she tells you she can’t finish the puzzle she’s doing. Instead of jumping right in and telling her which piece goes where, you’re going to have to tell her you’ll help a little. Go ahead and help, but let her do a lot of it herself, and make sure she’s the one to finish the job. That will give her a sense of accomplishment and the confidence to try again next time.
Remember that children each progress at their own rate. It’s not always fast — and there will be setbacks along the way. But the more you can allow them to do on their own without stepping in, the more they’ll be likely to try for themselves again and again. |
Q:
What's the simplest way to pass a file as an argument in a simple shell script?
The following works fine on Mac OS X:
#!/bin/bash
R CMD Sweave myfile.Rnw
pdflatex myfile.tex
open myfile.pdf
Now, I realize that these 3 lines of code are really helpful for my work – independently of some particular file. Thus I'd like to use the file as an argument. I know how to use an argument itself but have problems splitting the input after the string and concat it afterwards. If I was able to split the filename argument like:
split($1,".") # return some array or list ("name","ext")
Or is there a simpler, completely different way than using Python within a shell script?
Thx in advance for any general advice and examples as well !
A:
I do all my shell scripting in python.
It's easier to read, more powerful and works on windows as well.
A:
You could just take the base name as an argument and use $1.Rnw, $1.tex, and $1.pdf. Python is great for shell scripts, but I usually stick with bash for things less than 10 lines long.
If you really want to take a file name, you can use cut -f 1 -d '.' $1.
|
Major League Baseball All-Century Team
In 1999, the Major League Baseball All-Century Team was chosen by popular vote of fans. To select the team, a panel of experts first compiled a list of the 100 greatest Major League Baseball players from the past century. Over two million fans then voted on the players using paper and online ballots.
The top two vote-getters from each position, except outfielders (nine), and the top six pitchers were placed on the team. A select panel then added five legends to create a thirty-man team:—Warren Spahn (who finished #10 among pitchers), Christy Mathewson (#14 among pitchers), Lefty Grove (#18 among pitchers), Honus Wagner (#4 among shortstops), and Stan Musial (#11 among outfielders).
The nominees for the All-Century team were presented at the 1999 All-Star Game at Fenway Park. Preceding Game 2 of the 1999 World Series, the members of the All-Century Team were revealed. Every living player named to the team attended.
For the complete list of the 100 players nominated, see The MLB All-Century Team.
Selected players
Pete Rose controversy
There was controversy over the inclusion in the All-Century Team of Pete Rose, who had been banned from baseball for life 10 years earlier. Some questioned Rose's presence on a team officially endorsed by Major League Baseball, but fans at the stadium gave him a standing ovation. During the on-field ceremony, which was emceed by Hall of Fame broadcaster Vin Scully, NBC Sports' Jim Gray questioned Rose about his refusal to admit to gambling on baseball. Gray's interview became controversial, with some arguing that it was good journalism, while others objected that the occasion was an inappropriate setting for Gray's persistence. After initially refusing to do so, Gray apologized a few days later. On January 8, 2004, more than four years later, Rose admitted publicly to betting on baseball games in his autobiography My Prison Without Bars.
See also
Major League Baseball All-Time Team, a similar team chosen by the Baseball Writers' Association of America in
Latino Legends Team
DHL Hometown Heroes (2006): the most outstanding player in the history of each MLB franchise, based on on-field performance, leadership quality and character value
List of MLB awards
Team of the century
National Baseball Hall of Fame and Museum
References
External links
All-Century Team Vote Totals from ESPN.com
All-Century Team DVD from Amazon.com
All-Century Team Information from Baseball Almanac
Category:1999 Major League Baseball season
Category:Major League Baseball trophies and awards
Category:History of Major League Baseball
Category:Awards established in 1999 |
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PCI Alternative Using Sustained Exercise (PAUSE): Rationale and trial design.
Cardiovascular disease (CVD) currently claims nearly one million lives yearly in the US, accounting for nearly 40% of all deaths. Coronary artery disease (CAD) accounts for the largest number of these deaths. While efforts aimed at treating CAD in recent decades have concentrated on surgical and catheter-based interventions, limited resources have been directed toward prevention and rehabilitation. CAD is commonly treated using percutaneous coronary intervention (PCI), and this treatment has increased exponentially since its adoption over three decades ago. Recent questions have been raised regarding the cost-effectiveness of PCI, the extent to which PCI is overused, and whether selected patients may benefit from optimal medical therapy in lieu of PCI. One alternative therapy that has been shown to improve outcomes in CAD is exercise therapy; exercise programs have been shown to have numerous physiological benefits, and a growing number of studies have demonstrated reductions in mortality. Given the high volume of PCI, its high cost, its lack of effect on survival and the potential for alternative treatments including exercise, the current study is termed "PCI Alternative Using Sustained Exercise" (PAUSE). The primary aim of PAUSE is to determine whether patients randomized to exercise and lifestyle intervention have greater improvement in coronary function and anatomy compared to those randomized to PCI. Coronary function and anatomy is determined using positron emission tomography combined with computed tomographic angiography (PET/CTA). Our objective is to demonstrate the utility of a non-invasive technology to document the efficacy of exercise as an alternative treatment strategy to PCI. |
Q:
¿Porqué en este loop de JavaScript la impresión de la variable es desde counter y no desde counter-1?
en mi búsqueda por aprender programación por mis propios medios, me he topado con el tema de recursividad y este simple código... mi pregunta ya que la variable counter comienza desde 10 y dentro del loop While el contador resta 1, porqué en la "impresión" aparece desde el 10. Sé que si quisiera empezar desde 10 colocaría el contador en 11... pero obviamente tengo la curiosidad y no entiendo.
var counter = 10;
while(counter > 0) {
console.log(counter--);
}
resultado:
10
9
8
7
6
5
4
3
2
1
A:
La razón es simple, en recursividad lo que haces es pasar una variable o arreglo en la mayor parte de los caso para modificarlos o simplemente imprimirlos, en tu caso quieres restar un numero por cada iteracion dentro de tu ciclo while pero aqui lo que tu quieres conseguir es que primero te imprima el 9 por la lógica que encuentras en tu programa y aunque no es del todo errónea eso no sucederá jamas por la siguiente razón.
En tu codigo lo que tienes es la impresion de tu variable e imprimes lo que es counter-- y a pesar de que si te resta -1 en esa misma iteracion sucede que primero te imprimira la variable antes de hacer dicha operacion ya que es lo que primero lee javascript, es como si tu codigo estuviera dividido en dos partes.
EJEMPLO
var counter = 10;
while(counter > 0) {
console.log(counter); // Lee antes el valor variable
counter--; // Después realiza operación
}
Esto sucede asi porque es como funciona internamente lo que realizas con javascript ya que a pesar de que parece un metodo simple de resta internamente esta compuesto de dos partes. Para cuando javascript hace la operacion tu valor ya esta en pantalla.
EJEMPLO VISUAL
Primera iteración:
counter = 10 | counter-- | counter = 9
counter = 9 | counter-- | counter = 8
counter = 8 | counter-- | counter = 7
...
counter = 1 | counter-- | counter = 0
counter = 0 | counter-- | counter = -1 -> En este caso ya no cumples con la condición por lo cual nunca se imprime.
Para realizar el proceso que quieres en el caso de que primero quieras que se imprima el 9 entonces deberas de hacer lo siguiente:
var counter = 10;
while(counter > 0) {
counter--;
console.log(counter);
}
.as-console-wrapper { max-height: 100% !important; top: 0; }
|
Running
Stat
Dinner with people is always better than eating alone, especially when the food is good. Good food tastes even better when enjoyed with people. Tonight Amy came over to try my second attempt at the Brussels Sprouts Veggie Soup to which I have made some changes (see recipe below in previous post) for a better result, I believe.
We were at the store earlier and saw some nice looking haricot verts and heirloom tomatoes, so we decide to assemble a simple salad from those. Of course while I’m at the market, I can’t not get some five peppercorn salami. Our simple dinner of soup, salami, bread, cheese, salad, and wine was on the table in 15 minutes. |
TiO2 nanotubes for bone regeneration.
Nanostructured materials are believed to play a fundamental role in orthopedic research because bone itself has a structural hierarchy at the first level in the nanometer regime. Here, we report on titanium oxide (TiO(2)) surface nanostructures utilized for orthopedic implant considerations. Specifically, the effects of TiO(2) nanotube surfaces for bone regeneration will be discussed. This unique 3D tube shaped nanostructure created by electrochemical anodization has profound effects on osteogenic cells and is stimulating new avenues for orthopedic material surface designs. There is a growing body of data elucidating the benefits of using TiO(2) nanotubes for enhanced orthopedic implant surfaces. The current trends discussed within foreshadow the great potential of TiO(2) nanotubes for clinical use. |
In general, absorbent articles should comfortably fit the body of a wearer. Most absorbent articles include an absorbent pad formed by an absorbent core contained in a wrap comprising a barrier tissue and/or a forming tissue. The subject invention discloses an absorbent article generally having extensibility in at least one direction, preferably the cross-direction. Such extensibility permits an absorbent article to extend and expand about the wearer and thus to better conform to the body of the wearer. Such extension and expansion about the wearer is feasible because both the bodyside liner and the outer cover are extensible in at least the one direction.
In conventional structures, the outer cover is typically adhesively secured to the forming tissue of the absorbent pad. In such embodiments, extending the outer cover in the cross-direction extends the forming tissue in the cross-direction. The force used to extend the outer cover, and thence the absorbent pad, can tear or otherwise damage the forming tissue or the barrier tissue of the absorbent pad. Since the absorbent pad is typically a sealed enclosure, namely an absorbent core enclosed within the combination of a forming tissue and a barrier tissue, tearing the absorbent pad, namely either the forming tissue or the barrier tissue, can release superabsorbent particles and other absorbent materials, such as cellulose fluff into contact with the body of the wearer. Superabsorbent particles can irritate the skin of the wearer. Such tearing of the absorbent pad indicates failure of the absorbent article to perform properly. Therefore, it is critical to find a way to prevent tearing or other structural failure of the absorbent pad. |
jOOQ on The ORM Foundation?
I am the developer of jOOQ, a Java database abstraction framework. I was wondering whether jOOQ might be an interesting tool for discussion on your website, even if it is not exactly an ORM in the classic meaning (as in mapping objects to the relational world > ORM). Instead, jOOQ uses a reverse engineering paradigm (as in mapping relational entities to objects > "ROM").
Re: jOOQ on The ORM Foundation?
Object Role Modeling (the original ORM) is not the same thing as Object/Relational Mapping.
Object/Relational Mapping is still kind-of relevant and interesting to us, since Object Role Modeling is used to design databases (which then will require programmatic access). But there are probably better places to discuss it :]
Your query DSL looks rather like some of the DSLs available for Ruby, such as through the Sequel gem, or Arel. Interesting to see how well that can work with a statically-types language like Java. Maybe you or I should make a generator for ActiveFacts which generates your DSL from CQL queries?
Re: jOOQ on The ORM Foundation?
Sorry for my late reply. Apparently I had not really understood the ideas behind your foundation when I wrote my original post. I understand now, that you are concerned with broader concepts than the "common ORM". I actually came across your group because of your linking to ORM Lite (where ORM does stand for Object/Relational Mapping, correct me if I'm wrong).
Yes, I have seen some examples for Ruby's Sequel. I personally find statically-typed languages much better for DSL's as the syntax can be formally defined and checked by a compiler - with the limitations an OO language imposes, of course.
So if I understand this correctly now, "Object Role Modeling" and CQL are actually a more general way of expressing what SQL calls DDL. Since you can already transform CQL into SQL DDL statements (CREATE TABLE...), and jOOQ can reverse-engineer database schemata into jOOQ generated source code, I don't think there would be need for an additional generator.
Does CQL also specify means of querying the data described by the Object Role Model? The examples I found here only seem to describe what SQL calls "constraints" (although with a much broader functionality-range than SQL):
Re: jOOQ on The ORM Foundation?
"common ORM". I actually came across your group because of your linking to ORM Lite (where ORM does stand for Object/Relational Mapping
Object Role Modeling was named before Object Relational Mapping, but the latter is now the more common meaning, as you point out. But ORM Lite is actually so-named by Bryan because it is an implementation of Object Role Modeling, not because it is also an O/RM. Bryan was a student of Terry's at Neumont, where he learnt ORM.
Regarding DSLs, I think internal DSLs only work well in very simple cases. I prefer external DSLs for anything complex, and that's where CQL came from. Even the extremely flexible syntax of Ruby wasn't up to the task.
lukas.eder:
I don't think there would be need for an additional generator
The problem is that a huge amount of meaning is lost in the mapping to SQL. SQL is practically (though not theoretically) limited to representing physical models. These are almost always very different from the conceptual model, as many relationships have been condensed (absorbed) into attribute/column relationships, so the semantics of the original relationship are lost. In the process, nullable columns are usually introduced, which adds further to the confusion, as such things cannot easily be correctly constrained (uniqueness, etc) in SQL. So by reverse engineering from the relational form, you're losing most of the benefit of building a conceptual model from the start
This may be hard to see for someone used to O-O modeling, and who's authored an O/RM tool. The problem is that O-O suffers from many of the same problems of loss of semantics. The apparently clear notion of "attribute" breaks down when you look at it closely. O-O, although ostensibly behaviour-oriented, introduces attributes to store state, and this attribute orientation is the source of the problem in both cases. Fact-oriented model does not use attributes. Although it may seem obvious that, for example, my surname is an attribute of myself, if the system being modeled accrues the requirement to model families, suddenly surname becomes an attribute of family, and family becomes my attribute. This kind of instability is responsible for much of the rework that's required in evolving legacy systems, as well as many of the mistakes made when they were first modeled. If you want a further example of this loss of semantics, look at my Insurance example, and ask yourself why the VehicleIncident table has a DrivingBloodTestResult column. In fact, if VehicleIncident wasn't explicitly mapped separately, its fields would be in the Claim table.
What's needed is not just yet another O/RM tool (which are tuppence a dozen anyhow - I personally have written three) but a tool which supports database programming using only the conceptual model, never exposing the physical model. Surprisingly, I can't think of a single tool which has done a good job of this, but it's where I'm heading with the ActiveFacts API. It's another O/RM, but using a purely conceptual object model that preserves the domain semantics, not a typical O-O one.
lukas.eder:
Does CQL also specify means of querying the data described by the Object Role Model
Yes, though the published implementation doesn't quite handle the full query syntax (aggregate functions are still missing), nor does it yet translate them to SQL. Some examples are given towards the end of the video presentation on the CQL Introduction page.
Re: jOOQ on The ORM Foundation?
Regarding DSLs, I think internal DSLs only work well in very simple cases. I prefer external DSLs for anything complex, and that's where CQL came from. Even the extremely flexible syntax of Ruby wasn't up to the task.
Absolutely. The optimal way to implement SQL in Java would be by extending the Java language itself, such that SQL would be compiled natively by the java compiler, similar to Linq2SQL in C#, or PL/SQL in Oracle databases. So for the complexity of CQL, CQL is certainly the right solution.
Clifford Heath:
The problem is that a huge amount of meaning is lost in the mapping to SQL. SQL is practically (though not theoretically) limited to representing physical models.
You are right. I guess though, that in everyday work, this limitation is not really a problem. Personally, I think if your business rules become so complex that you cannot map them to a relational model easily anymore, then maybe your business rules could be simplified before changing/extending technologies. But that depends on the business, of course. I guess with insurance companies' businesses, I'd be pretty lost, personally ;-)
In any case, I don't see jOOQ as a means to solve modelling issues, or the O/R impedance mismatch (which is even bigger when it comes to mapping your understanding of ORM, with CQL). jOOQ should simply make using the full power of SQL in Java as simple as possible. In that way, jOOQ is not really an ORM because it does not map from objects to the relational world, or try to solve any other high-level abstraction issues. It's really a low-level tool to make a developer's life a lot easier, seeing that unfortunately, JPA CriteriaQuery didn't meet the community's expectations.
Clifford Heath:
What's needed is not just yet another O/RM tool (which are tuppence a dozen anyhow - I personally have written three) but a tool which supports database programming using only the conceptual model, never exposing the physical model. Surprisingly, I can't think of a single tool which has done a good job of this, but it's where I'm heading with the ActiveFacts API. It's another O/RM, but using a purely conceptual object model that preserves the domain semantics, not a typical O-O one.
I think you're on the right track with this. I hope for you, that this will soon show nice results with a practical implementation. I'm curious to see how you'll tackle performance issues, too, with all the abstraction. Among all attempts to overcome the old and proven relational models (XML databases, NoSQL databases), this one seems the most promising and focused to me! |
Standardised protocol for primate faecal analysis.
Macroscopic analysis of primate faeces as a way to study diet is well established, but lack of standardisation of methods may handicap comparative studies of the resulting data. Here we present a proven technique, including equipment and supplies, protocol and procedure, that yields quantitative data suitable for systematic investigation within and across primate taxa. As the problems of habituation become more obvious, the application of such indirect methods may increase in usefulness. |
Examination of factors affecting gait properties in healthy older adults: focusing on knee extension strength, visual acuity, and knee joint pain.
Gait properties change with age because of a decrease in lower limb strength and visual acuity or knee joint disorders. Gait changes commonly result from these combined factors. This study aimed to examine the effects of knee extension strength, visual acuity, and knee joint pain on gait properties of for 181 healthy female older adults (age: 76.1 (5.7) years). Walking speed, cadence, stance time, swing time, double support time, step length, step width, walking angle, and toe angle were selected as gait parameters. Knee extension strength was measured by isometric dynamometry; and decreased visual acuity and knee joint pain were evaluated by subjective judgment whether or not such factors created a hindrance during walking. Among older adults without vision problems and knee joint pain that affected walking, those with superior knee extension strength had significantly greater walking speed and step length than those with inferior knee extension strength (P < .05). Persons with visual acuity problems had higher cadence and shorter stance time. In addition, persons with pain in both knees showed slower walking speed and longer stance time and double support time. A decrease of knee extension strength and visual acuity and knee joint pain are factors affecting gait in the female older adults. Decreased knee extension strength and knee joint pain mainly affect respective distance and time parameters of the gait. |
I've learned the nitrogen vacancies used in Memristors are for "switching", between excited states and inhibited states, akin to our neurons and SYNAPSES abilities to generate EPSPs and IPSPs, this is the entire point to Memristors and DARPAs SyNAPSE program, emulating Neurons..
So in the memristor, NVs (which are truly Ancillas),
Return to "resting states", just like Neurons do, hence Inhibitory states versus excited states, when a neuron reaches an action potential and fires..
So the ancillas use prepared/ known states, and are the equivalent of the ancillas ground state, which is equal to a neurons resting potential...
So by weakly measuring certain aspects of living neurons, it is possible to superbroadcast/ teleport the wavefunction non-classically to the memristors vacancies, correlating each memristor with its neuron statistical ensemble counterpart, sharing the quantum state of the resting potential.
the ground state of the ancilla.
The type of measurement determines which property is shown. However the single and double-slit experiment and other experiments show that some effects of wave and particle can be measured in one measurement.
Hence Mach-Zehnder interferometry, which also involves ANCILLAS
Quote:
When for example measuring a photon using a Mach-Zehnder interferometer, the photon acts as a wave if the second beam-splitter is inserted, but as a particle if this beam-splitter is omitted. The decision of whether or not to insert this beam-splitter can be made after the photon has entered the interferometer, as in Wheeler’s famous delayed-choice thought experiment. In recent quantum versions of this experiment, this decision is controlled by a quantum ancilla, while the beam splitter is itself still a classical object.
and the no-cloning theorem is about pure states..
But an ensemble of particles in a neuron would make it a mixed state..
The no-cloning theorem is normally stated and proven for pure states; the no-broadcast theorem generalizes this result to mixed states.
And thats why PHASE works for quantum metrology and its ability to harness non classical states
Apparently, worrying about measuring both position and momentum works differently for particles than it does waves.
It may actually be possible using phase.
Quote:
Niels Bohr apparently conceived of the principle of complementarity during a skiing vacation in Norway in February and March 1927, during which he received a letter from Werner Heisenberg regarding the latter's newly discovered (and not yet published) uncertainty principle. Upon returning from his vacation, by which time Heisenberg had already submitted his paper on the uncertainty principle for publication, he convinced Heisenberg that the uncertainty principle was a manifestation of the deeper concept of complementarity.[6] Heisenberg duly appended a note to this effect to his paper on the uncertainty principle, before its publication, stating:
Quote:
Bohr has brought to my attention [that] the uncertainty in our observation does not arise exclusively from the occurrence of discontinuities, but is tied directly to the demand that we ascribe equal validity to the quite different experiments which show up in the [particulate] theory on one hand, and in the wave theory on the other hand.
And "quadratures" is about position and momentum..
Which are apparently always orthogonal to each other.
There is obviously something to all of this.
Counterfactual Communication was recently used to transmit information without sending any PARTICLES.
the information was sent in the phase.. of a wavefunction?
and it used MachZenhder Interferometry..
which is part of Quantum Metrology and its ability to harness non-classical states..
and all of this can teleport non-classical light..
and it all uses ANCILLAS... which store VALUES, and WAVEFUNCTIONS.. because they are Qubits/ Nitrogen vacancies..
and are used in WEAK MEASUREMENT... which was used to measure a wavefunction.. something most would argue is impossible.. because of the uncertainty principle..
Quote:
An interpretation of quantum mechanics can be said to involve the use of counterfactual definiteness if it includes in the statistical population of measurement results, any measurements that are counterfactual because they are excluded by the quantum mechanical impossibility of simultaneous measurement of conjugate pairs of properties.
For example, the Heisenberg uncertainty principle states that one cannot simultaneously know, with arbitrarily high precision, both the position and momentum of a particle
Quote:
The word "counterfactual" does not mean "characterized by being opposed to fact." Instead, it characterizes values that could have been measured but, for one reason or another, were not
and its the Ancillas that store values.. and may or may not be part of the measurement apparatus... / interferometer..
In 2015, Counterfactual Quantum Computation was demonstrated in the experimental context of "spins of a negatively charged Nitrogen-vacancy color center in a diamond".[5] Previously suspected limits of efficiency were exceeded, achieving counterfactual computational efficiency of 85% with the higher efficiency foreseen in principle
Quote:
The quantum computer may be physically implemented in arbitrary ways but the common apparatus considered to date features a Mach–Zehnder interferometer. The quantum computer is set in a superposition of "not running" and "running" states by means such as the Quantum Zeno Effect. Those state histories are quantum interfered. After many repetitions of very rapid projective measurements, the "not running" state evolves to a final value imprinted into the properties of the quantum computer. Measuring that value allows for learning the result of some types of computations such as Grover's algorithm even though the result was derived from the non-running state of the quantum computer.
NV CENTERS can also be used asQUANTUM SPIN PROBES, QUBITS & AS, ANCILLAS
in devices such as
BIOMEMs scanners
QUANTUM REPEATERS
PHOTONIC NETWORKING
and..
MEMRISTORS.. where the vacancies are used for switching between inhibited and excited states, thus simulating NEURONS
MEMRISTORS utilize wavefunctions.
Wavefunctions can be weakly measured by ANCILLAS
ANCILLAS hold "values" ie : wavefunctions
and have GROUND STATES
which measured particles are "cooled" into for measurement techniques. a literal form of "photon counting"..
"This de-excitation is called ‘fluorescence’, and it is characterized by a
lifetime of a few nanoseconds of the lowest vibrational level of the first excited state.
De-excitation from the excited singlet state to the ground state also occurs by other mechanisms, such as non-radiant thermal decay or ‘phosphorescence’. In the latter case, the chromophore undergoes a forbidden transition from the excited singlet state into the triplet state (intersystem crossing, ISC, Fig 2.4), which has a non-zero probability, for example because of spin orbit coupling of the electrons’ magnetic moments"
its a type of INTERSYSTEM CROSSING
doing a search for Intersystem crossing, memristor brings up this link..
A composite optical microcavity, in which nitrogen vacancy (NV) centers in a diamond nanopillar are coupled to whispering gallery modes in a silica microsphere, is demonstrated. Nanopillars with a diameter as small as 200 nm are fabricated from a bulk diamond crystal by reactive ion etching and are positioned with nanometer precision near the equator of a silica microsphere. The composite nanopillar-microsphere system overcomes the poor controllability of a nanocrystal-based microcavity system and takes full advantage of the exceptional spin properties of NV centers and the ultrahigh quality factor of silica microspheres.
We investigate the construction of two universal three-qubit quantum gates in a hybrid system. The designed system consists of a flying photon and a stationary negatively charged nitrogen-vacancy (NV) center fixed on the periphery of a whispering-gallery-mode (WGM) microresonator, with the WGM cavity coupled to tapered fibers functioning as an add-drop structure. These gate operations are accomplished by encoding the information both on the spin degree of freedom of the electron confined in the NV center and on the polarization and spatial-mode states of the flying photon, respectively
Now Somewhere in this is evidence of a memristor holding a wavefunction
The shown SPICE implementation (macro model) for a
charge controlled memristor model exactly reproduces the
results from [2]. However, these simulation results do not
have a good compliance - not even qualitatively - with the
characteristic form of I/V curves of manufactured devices.
Therefore the following equations (3) to (9) try to approach
memristor modeling from a different point of view to get a
closer match to the measured curves from [2],[6],[7],[8],[10]
or [11] even with a simple linear drift of w.
Besides the charge steering mechanism of a memristor modelled in [2],
[1] also defined a functional relationship for a memristor
which explains the memristive behavior in dependence on its
magnetic flux: i(t) = W φ(t) · v(t) . (3)
Variable W (φ) represents the memductance which is the
reciprocal of memristance M. Here a mechanism is demanded
that maps the magnetic flux as the input signal to the current
that is flowing through the memristor. The magnetic flux φ
is the integral of voltage v(t) over time: φ = R v(t) dt.
We can assume that an external voltage which is applied to
the previously described two-layer structure has an influence
on the movable 2+-dopants over time. The width w(t) of
the semiconductor layer is depending on the velocity of the
dopants vD(t) via the time integral:
w(t) = w0 + Z0t vD(τ)dτ . (4)
The drift velocity vD in an electric field E is defined via its
mobility µD: vD(t) = µD · E(t) (5) and the electric field E is connected with the voltage via E(t) = v(t)
D(6)with D denoting the total thickness of the two-layer structure
(D = tOX + tSEMI). Due the good conductance of the
semiconductor layer the electric field is applied to the time
depending thickness of the insulator layer tOX for the most
part (due to v(l) = R E dl). However, this was neglected for
reasons of simplification. If we combine (4), (5) and (6), we
obtain: n(t) = w0 + µDD· Z0t v(τ)dτ = w0 + µDD · φ(t) . (7)
This equation shows a proportional dependence of the width w
from the magnetic flux φ. Since the thickness of the insulator
layer is in the low nanometer region a tunnel current or
equivalent mechanism is possible. The magnetic flux slightly
decreases the thickness of the insulator layer wich is the barrierfor the tunnel current.This current rises exponentially with a
reduction of the width tOX(φ) (the exponential dependenceis deducible from the quantum mechanic wave function)
which must become the GROUND STATE of the ANCILLA upon non-classical correlation..
because a wavefunction is essentially the "master equation" (which describe wave equations)
We investigate theoretically how the spectroscopy of an ancillary qubit can probe cavity (circuit) QED ground states containing photons. We consider three classes of systems (Dicke, Tavis-Cummings and Hopfield-like models), where non-trivial vacua are the result of ultrastrong coupling between N two-level systems and a single-mode bosonic field. An ancillary qubit detuned with respect to the boson frequency is shown to reveal distinct spectral signatures depending on the type of vacua. In particular, the Lamb shift of the ancilla is sensitive to both ground state photon population and correlations. Back-action of the ancilla on the cavity ground state is investigated, taking into account the dissipation via a consistent master equation for the ultrastrong coupling regime. The conditions for high-fidelity measurements are determined.
\\
Notice BACK-ACTION, which goes right back to DARPAs Nanodiamond Biosensors and their ability to overcome the standard quantum limit, because of the known/ prepared states in the ancillas/NITROGEN VACANCIES
Quote:
(Quantum) back action refers (in the regime of Quantum systems) to the effect of a detector on the measurement itself, as if the detector is not just making the measurement but also affecting the measured or observed system under a perturbing effect.
Back action has important consequences on the measurement process and is a significant factor in measurements near the quantum limit, such as measurements approaching the Standard Quantum Limit (SQL).
Back action is an actively sought-after area of interest in present times. There have been experiments in recent times, with nanomechanical systems, where back action was evaded in making measurements, such as in the following paper :
When performing continuous measurements of position with sensitivity approaching quantum mechanical limits, one must confront the fundamental effects of detector back-action.Back-action forces are responsible for the ultimate limit on continuous position detection, can also be harnessed to cool the observed structure[1,2,3,4], and are expected to generate quantum entanglement.
Back-action can also be evaded, allowing measurements with sensitivities that exceed the standard quantum limit, and potentially allowing for the generation of quantum
squeezed states.
So the NV centers are used as ancillas in the measurement process.. which weakly measure wavefunctions of particles in neurons, most likely singlet and triplet states occurring in ATP and phosphase...
then those same wavefunctions are transfered and produce a correlation at the ground state..
where the ancilla takes on the new value/wavefunction.. and here we find all these ideas..
minus the switching which I can explain
Memristors use NV centers to switch between inhibited and excited states
singlet and triplet states
thus producing/simulating/ EMULATING, living neurons and action potentials
and it may just BE the network and its computing speed, that even allows the wavefunction to be "found"
Artificial Neural Network. A pair of physicists with ETH Zurich has developed a way to use an artificial neural network to characterize the wave function of a quantum many-body system. [14]. A team of researchers at Google's DeepMind Technologies has been working on a means to increase the capabilities of computers by ...
While there are lots of things that artificial intelligence can't do yet—science being one of them—neural networks are proving themselves increasingly adept at a huge variety of pattern recognition ... That's due in part to the description of a quantum system called its wavefunction. ... Neural network chip built using memristors.
https://books.google.ca/books?isbn=9814434809Andrew Adamatzky, Guanrong Chen - 2013 - Computers
Global and local symmetries In quantum physics, all the properties of a system can be derived from the state or wave function associated with that system. The absolute phase of a wave function cannot be measured, and has no practical meaning, as it cancels out the calculations of the probability distribution. Only relative ...
The las vegas shooting left 58 INNOCENT PEOPLE DEAD.
The gunmans brother was later arrested for possession of child porn.
This technology was developed to defend against terrorism and child abuse.
Connect the dots.
I bet the brothers were sharing files and one of them ended up a "targeted individual"
So he began to stockpile weapons and plan the only way out of his nightmare.
There has been no mentioning of him."hearing voices"
But the fact his brother was later arrested for such a crime paints a picture worth looking into.
Those vibrations, are the result of this assumed BIOMEMS "deployable biosensor" And its use of excitation techniques made to single out single neurons to measure the WAVEFUNCTIONS during a tomographic scan.
which makes such possible Quantum-assisted Nano-imaging of Living Organism Is a First
Quote:
“In QuASAR we are building sensors that capitalize on the extreme precision and control of atomic physics. We hope these novel measurement tools can provide new capabilities to the broader scientific and operational communities,” said Jamil Abo-Shaeer, DARPA program manager. “The work these teams are doing to apply quantum-assisted measurement to biological imaging could benefit DoD’s efforts to develop specialized drugs and therapies, and potentially support DARPA’s work to better understand how the human brain functions.”
"Nuclear spin imaging at the atomic level is essential for the under-standing of fundamental biological phenomena and for applicationssuch as drug discovery. The advent of novel nano-scale sensors hasgiven hope of achieving the long-standing goal of single-protein, highspatial-resolution structure determination in their natural environ-ment and ambient conditions. In particular, quantum sensors basedon the spin-dependent photoluminescence of Nitrogen Vacancy (NV)centers in diamond have recently been used to detect nanoscale en-sembles of external nuclear spins. While NV sensitivity is approachingsingle-spin levels, extracting relevant information from a very com-plex structure is a further challenge, since it requires not only theability to sense the magnetic field of an isolated nuclear spin, butalso to achieve atomic-scale spatial resolution. Here we propose amethod that, by exploiting the coupling of the NV center to an intrin-sic quantum memory associated with the Nitrogen nuclear spin, canreach a tenfold improvement in spatial resolution, down to atomic
scales."
So what its all doing essentially, is mapping the phase of atoms/SINGLETS in ATP, onto a NV center based CCD
and at the singlet level, correlations occur.. creating entanglement
so the particles in the neuron are being correlated with the ancillas, the nitrogen vacancies, where they take on the "target" state..
not only is the above imaging done to obtain a correlation to living neurons, via the singlet states within, but once the connection is established, the MEMRISTOR NETWORK itself can be used to RECONSTRUCT VISION IN REAL TIME
Now add the above method, a direct connection using correlated states shared from neurons TO Memristors... and imagine the reconstruction aided by the AI within the memristor network, as it works on so.. (note, this example is done MERELY using fMRI information)
now Imagine statistical ensembles being observed in real time via non-classical entanglement
But what I'm trying to show, is hows its this assumed entanglement based BCI technology, plus the memristor network it is coupled to, that is responsible for the TI communities complaints that "they (the government) can see through my own eyes"
The nitrogen vacancies in the scanners hold values, wavefunctions, which are prepared states aka Ancilla bits, and are the time domain/reference frequency, which carrries the "quantum event/wavefunction" which causes the singlet pairs to form up in the scanned biology..
and correlates with them at the ground state as the relaxation occurs..
Quote:
It is important to realize that particles in singlet states need not be locally bound to each other. For example, when the spin states of two electrons are correlated by their emission from a single quantum event that conserves angular momentum, the resulting electrons remain in a shared singlet state even as their separation in space increases indefinitely over time, provided only that their angular momentum states remain unperturbed
and that weakly measured value, the wavefunction is sent through the optical cavity, teleported to identical nitrogen vacancies in memristors.. so the ground states in both system are correlated and thus the neural activity can be monitored in real time in the memristors |
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Volunteers at CAMC bring their unique personalities and skills to our hospital. They range in age from 15 to 99. Our ranks are made up of men and women; students and retirees; homemakers and business people. Last year, 334 volunteers contributed over 36,000 hours to our hospitals and Cancer Center.
We are looking for volunteers who exemplify CAMC's core values of respect, integrity, stewardship, quality, service with compassion and safety. These volunteers will help us with our mission of "striving to provide the best health care to every patient, every day." |
Q:
Python: My return variable is always None
So I found a strange thing that happens in python whenever I try to return an optional parameter or at least I think that is why it is happening.
Here is my code
def reverse(string, output = ""):
if string == "":
print "winner: ", output
return output
output = output + string[-1]
string = string[:-1]
reverse(string, output=output)
And here is what happens when I run it:
>>> output = reverse("hello")
winner: olleh
>>> print output
None
Anyone know why my return is always None?
A:
You have to return the return value of the recursive call.
def reverse(string, output = ""):
if string == "":
print "winner: ", output
return output
output = output + string[-1]
string = string[:-1]
return reverse(string, output=output)
|
Formulation and application of a biosurfactant from Bacillus methylotrophicus as collector in the flotation of oily water in industrial environment.
The present study describes the formulation of a biosurfactant produced by Bacillus methylotrophicus UCP1616 and investigates its long-term stability for application as a collector in a bench-scale dissolved air flotation (DAF) prototype. For formulation, the conservative potassium sorbate was added to the biosurfactant with or without prior heat treatment at 80 °C for 30 min. After formulation, the biosurfactant samples were stored at room temperature for 180 days and the tensioactive properties of the biomolecule were determined with different pH values, temperatures and concentrations of salt. Then, a central composite rotatable design was used to evaluate the influence of the independent variables (effluent flow rate and formulated biosurfactant flow rate) on the oil removal efficiency in the DAF prototype. The formulated biosurfactant demonstrated good stability in both conservation methods, with tolerance to a wide pH range, salinity and high temperatures, enabling its use in environments with extreme conditions. The efficiency of the formulated biomolecule through heating and addition of sorbate was demonstrated by the 92% oil removal rate in the DAF prototype. The findings demonstrate that the biosurfactant from Bacillus methylotrophicus enhances the efficiency of the DAF process, making this technology cleaner. This biosurfactant can assist in the mitigation and management of industrial effluents, contributing toward a reduction in environmental pollution caused by petroleum-based hydrocarbons. |
Playing back a meeting recording
…Let me show you how to locate and play back a meeting that you have recorded.…First, let's understand how WebEx Meetings store and prepare your meeting recordings.…The meetings are recorded on the WebEx server.…WebEx will post the recording to their…server within 24 hours of the meeting completion.…When your recording is ready, you'll receive an update on…your dashboard homepage with the playback link and the recording information.…Let me show you how that looks.…When you get this notification, you can click the link that says Play Recording.…And WebEx will play back the video for you with the WebEx network recording player.…
To locate your meeting recording manually, if…you miss the notification, the easiest thing…to do is look at the meetings space for the meeting that you recorded.…First, find the meeting in your meetings list by clicking the Meetings tab.…Click the Recent tab.…You'll note, in the list, whether it's recorded or not.…Click on the meeting title to visit the meeting space page for that meeting.…
Resume Transcript Auto-Scroll
Author
Released
6/9/2014
Connect and collaborate across the globe with WebEx Meetings. In this course, author and webinar specialist Sally Norred shows you how to use WebEx Meetings to host, run, and record online meetings. Discover how to set up an online meeting and invite attendees, work with interactivity, let attendees participate and present, and save and record a meeting. Also check out the quick tips sheets (free to all members) for a list of handy shortcuts for hosts, presenters, and attendees alike. |
During my pregnancy, I tried to gather as much information on how painful labor might actually be. I would often hear “mine was horrible, but everyone’s pregnancy is different” or “it was the worst pain I’ve ever felt in my life!”
I heard many horror stories which often ended with, “well, don’t worry. You’ll forget about the pain as soon as your child is born.” Not the most reassuring for a first-time mother, but something I definitely kept in mind the entire time.
I had feared the unknown, but on the other hand, I knew there was no turning back and that my baby was coming one way or another!
Two weeks before my due date, I noticed some blood. My water didn’t break and I saw no mucous plug, but it seemed that something was happening earlier than expected. Soon after, at 1 a.m. I woke up from a notably different type of cramping. It began to occur every 5 minutes. It wasn’t that painful (yet), but uncomfortable. I felt as if I had to go diarrhea every five minutes. If this is labor, I could handle it for sure I thought, but I knew this was only the beginning.
My husband nervously drove us to the hospital as if the baby would pop out any second. I had to remind him to not worry. Things usually didn’t happen that fast for first-time moms (or at least I hoped it wouldn’t). I had to go by instinct although in the back of my mind, I wasn’t sure what would happen next.
We finally got to the birthing center after an hour of driving and the nurses confirmed I wasn’t even dilated. I couldn’t believe it. We were turned away and had to find a hotel because returning home wasn’t an option. It would take two hours just to return again!
The diarrhea-like cramps were painful and uncomfortable; I couldn’t sleep. I was bleeding slightly and started to actually have these cramps and stomach aches over a 10 hour period. I started googling my symptoms (never a good thing!) and discovered there are people who have this uncomfortable feeling for days and weeks! “Fake labor” would not be in my cards, I had hoped.
Fortunately, I had an appointment with a midwife in the afternoon and was checked again for any cervical changes. I had finally dilated 3 cm and was 90% effaced. What a relief I thought! I welcomed the pain because I wanted things to progress. I couldn’t imagine having diarrhea cramps for weeks. However, 3 cm isn’t enough to be admitted, we were told, so back to the hotel we went.
“When your cramps become more regular, every 3 minutes a part, and you become more snippy, check in again” the midwife suggested. In the mean time, I tried to walk around, pausing multiple times to catch my breath.
A couple hours later, I was FINALLY admitted. My husband kept asking me questions non-stop about what I wanted, needed, and more. All I could say was “if I need something, I’ll let you know. Thanks.” I literally couldn’t talk. I felt like vomiting and had heart burn for the first time in my life.
As my labor progressed, I felt the urge to push before I was even 10 cm dilated. I would have a cramp, then a couple of minutes later, one that made me yell out in pain as it forced my body to push. A gush of blood would come out as this happened and I felt extremely uncomfortable because the pain was in my back and butt! It would take my breath away. However, the pain was still tolerable, believe it or not.
I had a volunteer doula come in that night who helped me breathe, rubbed my back, and encouraged me. She helped me be aware of my voice and how I could use it to save energy and get through the pain. Unfortunately, she couldn’t stay the whole night, but the time she spent with me truly made a difference. Even though labor was hard work and painful, the right breathing technique and support helped ease the pain. This is probably the number one thing that helped me get through labor!
As I started heading towards my second night of labor, I wondered how much longer I could go on … I questioned if it was even worth it to continue without an epidural? I went into labor without a plan. I wanted to go with the flow and make decisions as they came. I didn’t want to be tied to a bed or deliver on my back or disappointed if my perfect labor didn’t come true, so I left any expectations open. But after my second sleepless night, I started to inquire about pain medications (although deep down inside I knew I could handle more because the pain was still manageable). I was exhausted and sleep would have been nice especially if I didn’t have to feel any pain with an epidural.
There were no walking epidurals available though and I didn’t want to take narcotics (which could make me dizzy), so I continued along, breathing away. A bath was an option too and this I requested and wanted. I was so uncomfortable as things progressed. I couldn’t get in the shower to relax my muscles, but somehow a bath sounded soothing and worth the effort. As soon as the bath was ready, however, I suddenly felt a pop down below as if major pressure had been released from my insides. Immediately, there was a shift. The back and butt pressure/pain I felt was no longer there. It was time to push! I knew as soon as I felt it.
As the baby descended, I felt the burning sensation of the babies head crowning – a temporary stretching sting. The cramps were still there and I had no control over my own pushing. I let my body do its own work and took the breaks my body provided in between each wave of labor. I was standing up giving birth because I couldn’t get onto the bed as I would have liked and was given a stool to put my right foot onto in order to widen my pelvis. Gravity certainly assisted me. However, I never expected to be standing for 50 minutes! My legs were becoming tired and shaky, but I couldn’t move. My energy was sapped and I regretted not exercising more. Standing up was the most comfortable thing to do though and I listened to my body’s cues.
I started to go along with my body’s signals to push, but after a while I felt as if the baby would never come out because things weren’t progressing fast enough. After his head came out, I thought it was all over until I heard my husband say “push, his body is stuck!” I ended up pushing as hard as I could and a gush of fluids came spewing onto the floor. It was the best sense of relief.
The midwives held my baby from under me and told me to grab him. He was screaming, kicking, and punching his way into this life. He was so slippery, I was terrified to grab him. I had never held a baby before. He would be my first. I held my son and put him on my chest. I couldn’t stop looking at him in awe. He was so beautiful to me and I felt overwhelmed with love and joy.
When the umbilical cord finally stopped pulsating, which happened surprisingly quick, my husband carefully snipped it. At this point, I’m glad my husband didn’t pass out. I always joked that he would get queasy and faint, but my husband did amazing!
While holding my son, I had to deliver my placenta which did not hurt at all. In fact, I couldn’t even feel much down below because of the adrenaline pumping throughout my veins.
Looking into my son’s eyes and holding him for the first time was the most incredible thing in the world. The pain that I felt earlier in labor vanished and I felt ecstatic to have made it through. It’s true what they say … After your baby is born, you forget the pain of labor and birth.
At least most of it.
Hello!
Hello! It's nice to meet you! I'm Mary. Thank you for stopping by Stirring Up Delight. I hope you'll find some useful tips, recipes, and reviews or maybe a story or two that you might enjoy. Read More…
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For those of you who were told you might need an endometrial biopsy, here’s my experience, so you can sleep a little better at night. Although I do not know what yours will be like, I can tell you that not all of them turn out horrific like you might’ve read online. Why You Might […]
Kalua pig is a dish from Hawaii that may be intimidating to make if it’s done traditionally, but modern technology has its benefits. You don’t have to roast a pig underground, but instead you can use your slower cooker to make it. How easy is it? Buy some pork butt at the store and toss […]
I’m so excited to be planning my niece’s 1st birthday party this fall! For anyone who really knows me, I absolutely love planning. It is one of my obsessions. After making numerous planning mistakes, however, I would like to share with you some tips I’ve learned along the way. If you are planning your child’s […]
One of my favorite drinks when I return home is plantation iced tea. Last year, when I spent a week back home in Hawaii, I ended up drinking it as often as I found it on the menu. Now that the heat of summer is here, I’m dreaming of returning home to visit again. I really […] |
Computer assisted learning: the potential for teaching and assessing in nursing.
This article discusses computer assisted learning (CAL) and the importance of applying it in nurse education. The articles recognizes the general technological developments as exemplified by the Teaching and Learning Technology Programme (TLTP) from which ideas about application and benefits came. The ideas from TLTP are hereby used in CAL and applied to nursing and health-care undergraduate programmes in one university. In the light of this experience the main intention of this article is to consider the benefits and costs of introducing computer programmes as part of the teaching provision for nurses and other health-care professionals both at beginner and advanced level. The article further argues that CAL can also be used for patient teaching thus providing transferable skills and benefits for teachers as well as learners, be they students or patients. To support such multiple uses of CAL selected examples will be offered and appropriate conclusions will be drawn. |
Inorganic phosphate uptake in intact vacuoles isolated from suspension-cultured cells of Catharanthus roseus (L.) G. Don under varying Pi status.
Inorganic phosphate (Pi) uptake across the vacuolar membrane of intact vacuoles isolated from Catharanthus roseus suspension-cultured cells was measured. Under low Pi status, Pi uptake into the vacuole was strongly activated compared to high Pi status. Since Pi uptake across the vacuolar membrane is correlated with H+ pumping, we examined the dependency of H+ pumping on plant Pi status. Both H+ pumping and the activities of the vacuolar H+-pumps, the V-type H+-ATPase and the H+-PPase were enhanced under low Pi status. Despite this increase in H+ pumping, Western blot analysis showed no distinct increase in the amount of proton pump proteins. Possible mechanisms for the activation of Pi uptake into the vacuole under low Pi status are discussed. |
Q:
TextView Not centered in app but centered in match_constraint
I've created a simple activity design using ConstraintLayout.
Whenever I try to center a textView, it does it correctly in the blueprints but never does it in the actual app. Not sure if i am doing something wrong or I'm losing my mind.
Here is the image
Here is the XML code
<?xml version="1.0" encoding="utf-8"?>
<android.support.constraint.ConstraintLayout
xmlns:android="http://schemas.android.com/apk/res/android"
xmlns:app="http://schemas.android.com/apk/res-auto"
xmlns:tools="http://schemas.android.com/tools"
android:layout_width="match_parent"
android:layout_height="match_parent"
android:background="@color/background_green"
tools:context="nz.co.listcosolutions.StartActivity">
<ImageView
android:id="@+id/imageView4"
android:layout_width="160dp"
android:layout_height="163dp"
android:layout_marginEnd="95dp"
android:layout_marginStart="95dp"
android:layout_marginTop="32dp"
app:layout_constraintEnd_toEndOf="parent"
app:layout_constraintStart_toStartOf="parent"
app:layout_constraintTop_toTopOf="parent"
app:srcCompat="@drawable/baby_plant" />
<Button
android:id="@+id/btnNext"
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:layout_marginEnd="32dp"
android:layout_marginStart="32dp"
android:layout_marginTop="64dp"
android:text="@string/next"
android:textColor="@color/background_green"
android:textSize="18sp"
app:layout_constraintEnd_toEndOf="parent"
app:layout_constraintStart_toStartOf="parent"
app:layout_constraintTop_toBottomOf="@+id/textView3" />
<TextView
android:id="@+id/textView3"
android:layout_width="0dp"
android:layout_height="wrap_content"
android:layout_marginEnd="8dp"
android:layout_marginStart="8dp"
android:layout_marginTop="20dp"
android:text="Welcome to My App"
android:textAlignment="center"
android:textColor="@android:color/white"
android:textSize="24sp"
app:layout_constraintEnd_toEndOf="parent"
app:layout_constraintStart_toStartOf="parent"
app:layout_constraintTop_toBottomOf="@+id/imageView4" />
</android.support.constraint.ConstraintLayout>
Im also using the latest version of ConstraintLayout
compile 'com.android.support.constraint:constraint-layout:1.0.2'
A:
You need to add:
android:gravity="center"
to the TextView.
This is the only certain way to center the text inside a TextView object or one of its subclasses.
The android:textAlignment is not working in all the cases and as reported by this answer that it has problems in lower API levels.
|
2017 XIXO Ladies Open Hódmezővásárhely – Doubles
Laura Pigossi and Nadia Podoroska were the defending champions, but both players chose not to participate.
Kotomi Takahata and Prarthana Thombare won the title after Ulrikke Eikeri and Tereza Mrdeža retired in the final at 1–0.
Seeds
Draw
References
Main Draw
XIXO Ladies Open Hódmezővásárhely - Doubles |
Q:
Python Segmentation Fault?
First off, I didnt even know a memory error / segfault was possible in python. Kudos to learning something new!
I have this database I create
database = DBManager(dbEndpoint,dbUser,dbPass,dbSchema)
And then I try to use it in a thread
def stateTimeThreadStart():
database.getTable('CLIENTS')
threads = []
threads.append(threading.Thread(name='State Updater', target=stateTimeThreadStart, args=()))
threads[0].start()
The output is
Segmentation fault: 11
What on earth is going on here? It definetly has something to do with database.getTable('CLIENTS') because when I comment it out the issue does not occur. In addition, I have also tried to pass the database to the thread with no luck. Any ideas?
Thanks!
A:
Segmentation faults in Python can occur due to database connectors. The drivers used to connect to the database are usually coded in a C base, so in case of RAM overload or perhaps other reasons it throws Segmentation Faults.
This is further exacerbated by the fact that you are using multithreading. Most database drivers are known to throw Segmentation Faults if multithreading isn't handled very carefully. Most database driver protocols can not handle multiple threads using the same connection at once.
The rule of thumb is to not share a single connection between threads.
|
Q:
HP MSA70 / P800 Array Failure - Shows 2 drives in each slot, 13/25 drives "missing"
We have an HP MSA70 with 25 x 600GB HP SAS 10k DP drives, connected to an HP P800 controller. The drives are configured in RAID 6.
Yesterday, some kind of unknown "event" occurred and the array dropped offline. We rebooted the server (running CENTOS 6.2) and upon startup, the Array Controller reported that 13 of the drives are "missing". When we look at the volume in the Array management, there are two entries for each slot for slots 1-12. One shows a 600gb drive and one shows a 0gb drive. There are no more entries after 12.
We contacted HP support, who sent us to Tier 2 support, and after many hours gave up. They said they have never seen this, before (my favorite thing to hear from a vendor).
Has anybody seen this before, and have we lost all of the data?
Thank you.
A:
Old, old, old, old...
CentOS 6.2 is old (6.2, 6 December 2011 (kernel 2.6.32-220))
HP StorageWorks MSA70 is old. (End of Life - October 2010)
HP Smart Array P800 is old. (End of Life - 2010)
So this makes me think that firmware and drivers are also old. E.g. there's no reason to run CentOS 6.2 in 2015... And I'm assuming no effort was made to keep anything current.
This also makes me think that the systems are not being monitored. Assuming HP server hardware, what did the system IML logs say? Are you running HP management agents? If not, important messages about the server and storage health could have been missed.
Did you check information from the HP Array Configuration Utility (or HP SSA)?
But in the end, you've probably suffered a port failure or expander/backplane failure:
How many SAS cables are connected to the enclosure? If 1 cable is connected, then you likely have a backplane issue because of the SAS expander in the enclosure.
If two cables are connected, you may have a SAS cable, MSA70 controller or P800 port failure.
Your data is likely intact, but you need to isolate the issue and determine which one of the above issues is the culprit. Replacing a SAS cable is a lot easier than swapping the MSA70 controller or RAID controller card... but I guess you can get another MSA70 for $40 on eBay...
|
POV: Henry vs Martin + a poll
I won’t make claims as to their gifts and charms, but H & M do resemble me in various ways :)
I usually like to write stories from a single point of view. It’s obviously a limited perspective, but I enjoy the constraints. As far as I’m concerned, there’s no such thing as a reliable narrator. Characters misinterpret things, miss things, draw the wrong conclusions, and it can be tricky and fun to work the “truth” into a story alongside the character’s perceptions. For instance, I think it’s obvious to the reader that Martin is DTF from the get-go, but Henry, equipped with the same amount of information, simply doesn’t get it.
When I started writing the Ganymede Quartet books, it seemed obvious to me that the story needed to be told from the master’s point of view. Whether or not he’s actually prepared to take responsibility, the fact remains that Henry’s the one in charge and he sets the tone. It’s Martin’s job to adapt and respond and accommodate and serve. Obviously, Martin is better-equipped to steer this particular ship, but, unfortunately for Henry, the roles in this relationship weren’t assigned based on fitness or merit. If you’ve read A Most Personal Property (GQ Book 1), you know that when the opportunity finally arises for Martin to take charge, he does so with great effect, but he does wait for Henry to create the opportunity. He’s very well-trained.
I think it’s apparent that Martin is miserable for most of AMPP, and writing weeks of self-doubt and misery even greater than Henry’s, from the perspective of a character who has even less power to effect change…I don’t think anyone wants to read that book, actually.
Henry also needed to be the POV character for the main books because Henry is the one who has the most growing to do. They’re both young, both immature, but Martin is less immature, his sense of self is more solid and, well, he’s a lot smarter. Henry learns a lot over the course of the series, which is not to say that Martin doesn’t, but as the one nominally in charge, Henry’s growth has a greater impact on both of them.
It was possibly something of a risk, but I left out or delayed certain trains of thought because Henry isn’t necessarily considering all aspects and implications of the master/slave dynamic from early on in their relationship. He’s very loving, but he’s not the most insightful person, and it takes him awhile to consider things that a savvier fellow might have questioned from the beginning. It really does take Henry a long time to wonder how Martin’s position and training impact the way Martin responds to him.
I anticipate going a little deeper into Martin’s background, in a way, for the story that will accompany Book 3. I also have a pretty good idea which aspect of Book 4 I’ll present from Martin’s perspective. So far, the Martin stories have been really fun to write, and I definitely look forward to doing them. I think they’re so easy and enjoyable to work on because they revisit territory that I’ve already covered from Henry’s perspective to some extent, and when I’m writing Henry, I’m always considering how Martin might view a given situation, as well.
Offering Martin’s POV at all was actually a pretty late development. It occurred to me shortly before publishing A Most Personal Property that the stories I was busy telling myself about Martin’s past would probably be of interest to anyone who was interested in AMPP, and so I quickly wrote A Superior Slave. I hoped that people who enjoyed reading ASS (ugh, that acronym!) for free might be interested in paying for AMPP, and I think that did happen to some small extent. I’ve gotten the impression (whether it’s true or not) that Martin might be the reader favorite by a small margin, so it just seems like a nice idea to continue offering Martin POV stories alongside the main books. While I think a person can enjoy the main books and Henry’s POV without side stories, I like to think Martin’s perspective is a valuable addition.
I plan on adding additional points of view from other characters in the universe. I’ve got stories written about a couple of Henry’s friends to show how slave ownership works in private for other people. I’ve got at least two stories I want to write about Henry’s cousin Jesse. I think Tom gets his own novella :D
With A Proper Lover (GQ Book 2) and A Master’s Fidelity (GQ Book 2.5) released, I’m just going immediately into editing Book 3 and fleshing out the notes I have for the Martin story. I’d had vague ideas about taking a break, but I honestly don’t know what that would mean at this point. I don’t know what I’d be doing during a break! Right now, the idea of downtime just makes me cranky. Knowing that there are people eager for the next books makes me want to work on getting them out. Besides, working on Martin’s POV is a treat :) |
The terrifying 38-minute ordeal suffered by Hawaii residents on Saturday, when the state’s emergency-management agency sent out a false alert warning of an imminent ballistic-missile strike amid rising tensions with North Korea, seems to have sparked an unusually rapid response on Capitol Hill.
Hawaii’s Sen. Brian Schatz, a Democrat on the Senate Commerce Committee, told National Journal that he is working with other Senate Democrats on a bill that would implement a federal best-practice framework for the ballistic-missile-alert systems administered by U.S. states, localities, and territories. And while Republicans don’t appear to be involved in the process, relevant GOP chairs in both chambers have expressed a willingness to work with Schatz on the issue.
Initial reports indicate that Hawaii’s screwup—which sent people across the archipelago scrambling for shelter before the all-clear was called more than a half-hour later—was because of an employee mistakenly pressing the wrong link on a confusingly designed interface. But for something as serious as a ballistic-missile alert, Schatz suggested that the potential for human error can, and should, be mitigated through federal safeguards.
“You want a system that accounts for the fact that somebody may be sleepy or careless, or an interface may not be the most user-friendly, and yet it all works anyway,” Schatz said. “We have best practices for disaster notifications for natural disasters, for terrorism events. We just don’t have it for this.”
On Wednesday, Schatz said he had convened a phone call with officials from the Federal Communications Commission, the Homeland Security Department, the Pentagon, and other relevant agencies to address the inconsistency.
“We think it should be done legislatively, but I don’t know that for sure yet,” he told reporters, explaining that the ultimate goal is to craft “a federal law to establish a framework that states can use.”
The way America’s missile-alert system operates is fundamentally different from how citizens are alerted to most other catastrophes, when local authorities often possess the best information. While states and cities are ultimately responsible for alerting civilians of an imminent attack, they lack the ability to detect and track incoming missiles.
In the seconds and minutes after a launch, details of the threat would have to cascade through phone calls from the Pentagon to DHS. From there, officials at the Federal Emergency Management Agency would send the warning to at-risk states and localities, whose own alert systems would only then spring into life.
That chain of causation was disrupted on Saturday. But David Simpson, a former admiral in the U.S. Navy who ran the FCC’s Public Safety and Homeland Security Bureau from November 2013 to January 2017, said federal legislation should seek to dismantle that outdated process altogether.
“That’s a 1950s kind of structure,” Simpson said, arguing that machine-to-machine communication technology should be utilized to eliminate lag time and cut down on human error.
One way to do that could be for the FCC to create, at the direction of Congress, a unique wireless-alert category for ballistic-missile threats. “That would then ensure that the machine elements of this system could be built around that narrow bucket,” Simpson said.
But that still wouldn’t solve the problem entirely. “The machine-to-machine piece of that, so it could be really useful, would require DHS and [Defense Department] plumbing changes that would be beyond the authorities of the FCC,” Simpson said.
Simpson largely endorsed Schatz’s plan for a uniform federal missile-alert framework that states and localities can follow. “There’s over 1,000 alert originators at the state and local level, and I would say five, six, seven vendors for the user-interface systems,” he said.
In a bid to improve innovation, DHS gave state governments broad leeway to design their own missile-alert interfaces. But Simpson said that decision has clearly come with a cost.
“That variation is fine for notification about fire, notification about a tsunami coming in,” Simpson said. “But ballistic-missile warnings ought to be consistent, reliable, secure—because we don’t want it cyberattacked—across the entire country.”
Republicans seem receptive to Schatz’s plan for missile-alert legislation. Schatz said he plans to introduce his bill through the Senate Commerce Committee, which is chaired by Republican John Thune. Frederick Hill, a Thune spokesman, told National Journal that the chairman “is considering convening a full committee hearing which would help inform legislative efforts.”
House Republicans are further along than their Senate counterparts, with plans to hold an Energy and Commerce hearing on Hawaii’s false missile alert in the coming weeks. On Wednesday, committee chairman Greg Walden said he would be “happy to work” with Schatz on legislation, if needed. “We just haven’t got into the weeds on it,” Walden said.
As long as lawmakers can work out issues surrounding committee and agency jurisdiction, Simpson said the chances for bipartisan support are high. But stakeholders from Homeland Security and the Pentagon—as well as the congressional committees that oversee them—will also need to weigh in. And Simpson worries those agencies may be loath to take responsibility for what’s widely viewed as a state-level mistake.
“It’s a perfect bipartisan issue, as long as we don’t let the various lobbies and the competition between agencies pervert and potentially dilute the ultimate outcome,” Simpson said.
"Two more House Republicans have joined the discharge petition to force votes on immigration, potentially leaving centrists just two signatures short of success. Reps. Tom Reed (R-N.Y.) and Brian Fitzpatrick (R-Pa.) signed the discharge petition Thursday before the House left town for the Memorial Day recess. If all Democrats endorse the petition, just two more GOP signatures would be needed to reach the magic number of 218."
Source:
FIRED FROM RUSSIAN LAUNCHER
Investigators Pin Destruction of Malaysian Airliner on Russia
3 hours ago
THE DETAILS
"A missile that brought down Malaysia Airlines Flight 17 in eastern Ukraine in 2014 was fired from a launcher belonging to Russia's 53rd anti-aircraft missile brigade, investigators said Thursday. The announcement is the first time the investigative team has identified a specific division of the Russian military as possibly being involved in the strike. Russia has repeatedly denied involvement in the incident."
Source:
THREE INTERVIEWS PLANNED FOR JUNE
House GOP Will Conduct New Interviews in Clinton Probe
3 hours ago
THE LATEST
"House Republicans are preparing to conduct the first interviews in over four months in their investigation into the FBI’s handling of the Clinton email probe. A joint investigation run by the Judiciary and Oversight Committees has set three witness interviews for June, including testimony from Bill Priestap, the assistant director of the FBI’s counterintelligence division, and Michael Steinbach, the former head of the FBI’s national security division."
Source:
IN OPEN LETTER TO KIM JONG UN
Trump Cancels North Korea Summit
5 hours ago
THE LATEST
GANG OF EIGHT WILL GET SEPARATE MEETING
Briefings at White House Will Now Be Bipartisan
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"The White House confirmed Wednesday it is planning for a bipartisan group of House and Senate leaders, known as the 'Gang of 8,' to receive a highly-classified intelligence briefing on the FBI's investigation into Russian meddling, reversing plans to exclude Democrats altogether. ABC News first reported the plans to hold a separate briefing for Democrats, citing multiple administration and congressional sources. While details of the bipartisan meeting are still being worked out, a Republican-only briefing will go on as scheduled Thursday." |
This application is based upon and claims the benefit of priority from the prior Japanese Patent Application No. 2000-159163, filed Mar. 31, 2000, the entire contents of which are incorporated herein by reference.
The present invention relates to a method of forming a composite member, in which a conductive portion is formed in an insulator, the composite member being used in, for example, a wiring board in the fields of electric appliances, electronic appliances and electric and electronic communication. The present invention also relates to a photosensitive composition and an insulating material that can be suitably used in the manufacturing method of the composite member. Further, the present invention relates to a composite member manufactured by the manufacturing method of the present invention and to a multi-layer wiring board and an electronic package including the particular composite member.
In recent years, increase in the degree of integration and miniaturization of various electric and electronic parts including a semiconductor device are being promoted. The particular tendency will be further promoted in the future without fail. In this connection, various measures are being proposed and tried in an attempt to apply a high density mounting to a printed circuit board including formation of a fine pattern and a fine pitch of a metal wiring and formation of a steric wiring.
Particularly, the steric wiring is indispensable to a high density mounting and, thus, various methods are being proposed in an attempt to manufacture a wiring board having a steric wiring. In general, the steric wirings are of a multi-layered structure such as a built-up wiring board prepared by laminating two dimensional printed wiring boards and a multi-layered wiring board. It is difficult to form a steric wiring having a free three dimensional shape. The built-up wiring board or the multi-layered wiring board has a structure that adjacent wiring layers are connected to each other by a conductive column called via. The via is formed by processing an insulating layer by a photolithography process using a photosensitive polyimide or resist, followed by selectively applying a plating to the via or by filling the via with a conductive paste. For forming a via by such a method, it is necessary to repeat a plurality of times the steps of resist coating, light exposure and etching, making the via formation highly laborious. In addition, it is difficult to improve the yield.
It is also possible to form the via by forming a through-hole (via hole) of a predetermined size in an insulating substrate constituting a printed wiring board by using a drill or a CO2 laser, followed by applying plating to the via hole or by filling the via hole with a conductive paste. In these methods, however, it is difficult to form freely a fine via having a size of scores of microns or less at a desired position.
In the method disclosed in Japanese Patent Disclosure No. 7-207450, a compound having a hydrophilic group is introduced into pores of three dimensional porous film such as a PTFE film. Under this condition, the film is subjected to a light exposure in a predetermined pattern by using a low pressure mercury lamp (wave lengths of 185 nm and 254 nm), thereby forming the hydrophilic group on the three dimensional porous film. Further, a metal plating is applied to the three dimensional porous film.
In the conventional method described above, however, the material forming the three dimensional porous film is deteriorated because a light beam having a short wavelength is used for the light exposure. Also, the light for the light exposure is absorbed by the three dimensional porous film and, thus, fails to reach the inner region of the porous body, resulting in failure to form fine vias.
Further, in the conventional method described above, the PTFE forming the three dimensional porous film reacts with the light for the light exposure so as to selectively form hydrophilic groups. However, PTFE is defective in that the molding workability is low and that PTFE is costly.
Another method of forming a via is disclosed in Japanese Patent Disclosure No. 11-24977. In this method, the entire surface of a porous insulating member is impregnated with a photosensitive composition containing, for example, a photosensitive reducing agent and a metal salt. Then, a light exposure is applied in a predetermined pattern to the impregnated insulating member so as to reduce the cation of the metal salt in the light exposed portion to a metal nucleus, followed by removing by washing the photosensitive composition in the non-light exposed portion. Further, an electroless plating or a soldering is applied to the residual metal nuclei so as to form vias of a predetermined pattern.
In the method described above, however, the entire surface of the porous insulating member is impregnated with a photosensitive composition containing a metal salt as described above, making it difficult to remove completely the metal salt adsorbed on the portion corresponding to the non-exposed portion after the light exposure step. As a result, a difficulty is brought about that the metal nuclei are precipitated on undesired portions in the subsequent reducing step. Such an abnormal deposition of the metal nuclei gives rise to a problem in terms of the insulating properties between adjacent vias and between adjacent wiring layers with progress in the fine pulverization of the pattern.
Also, in the via formed in the insulating substrate by the conventional method of manufacturing a wiring board, the insulating body and the conductive portion are brought into a direct contact. In this case, since the adhesion between the insulating body and the conductive portion is poor, a problem is generated that the conductive portion is peeled off the insulating substrate during the use.
Further, where a multi-layered wiring board is prepared by laminating a plurality of wiring boards manufactured by the conventional method of manufacturing a wiring board, it is required to further improve the electrical connection between the wiring layers of the wiring boards and the conductivity of the wiring.
An object of the present invention is to provide a method of manufacturing a composite member, which has a high degree of freedom in the design of a conductive circuit, in which deterioration of the insulating body is not brought about by the light exposure, and which is free from an abnormal deposition of a metal on the insulating body so as to form a conductive portion having a fine pattern.
Another object of the present invention is to provide a method of manufacturing a composite member, which has a high degree of freedom in the design of a conductive circuit, which permits manufacturing a composite member at a low manufacturing cost without giving adverse effects to the selectivity of the material of the insulating portion and to the molding workability, and which is free from an abnormal deposition of a metal on the insulating body so as to form a conductive portion having a fine pattern.
Another object of the present invention is to provide a photosensitive composition and an insulating material used for the manufacturing method of a composite member described above.
Another object of the present invention is to provide a composite member manufactured by the method described above.
Another object of the present invention is to provide a multi-layered wiring board comprising a composite member manufactured by the method described above.
Still another object of the present invention is to provide an electronic package using a composite member or a multi-layered wiring board manufactured by the method described above.
According to a first aspect of the present invention, there is provided a method of manufacturing a composite member in which a conductive portion is selectively formed in an insulating body, comprising:
(1) forming a photosensitive composition layer within or on the surface of said insulating body, said photosensitive composition containing a compound forming an ion-exchange group upon irradiation with light having a wavelength not shorter than 280 nm;
(2) exposing selectively the photosensitive composition layer to light having a wavelength not shorter than 280 nm so as to form ion-exchange groups in the light exposed portion; and
(3) forming the conductive portion by bonding a metal ion or metal to the ion-exchange group formed in the light exposed portion by the exposing.
According to a second aspect of the present invention, there is provided a method of manufacturing a composite member in which a conductive portion is selectively formed in an insulating body, comprising:
(1) forming a photosensitive composition layer within or on the surface of said insulating body, said photosensitive composition containing a compound having an ion-exchange group;
(2) exposing selectively the photosensitive composition layer to light having a wavelength not shorter than 280 nm so as to cause ion-exchange groups in the light exposed portion to disappear and to cause the ion-exchange groups to remain in the unexposed portion; and
(3) forming the conductive portion by bonding a metal ion or metal to be bonded to the ion-exchange group remaining in the unexposed portion after the exposing.
According to a third aspect of the present invention, there is provided a method of manufacturing a composite member in which a conductive portion is selectively formed in an insulating body, comprising:
(1) forming a photosensitive composition layer within or on the surface of said insulating body, said photosensitive composition containing a compound forming an ion-exchange group upon irradiation with light, and said compound being selected from the group consisting of an onium salt derivative, a sulfonium ester derivative, a carboxylic acid derivative and a naphthoquinone diazide derivative;
(2) exposing selectively the photosensitive composition layer to light so as to form ion-exchange groups in the light exposed portion; and
(3) forming the conductive portion by bonding a metal ion or metal to the ion-exchange group formed in the light exposed portion by the exposing.
According to a fourth aspect of the present invention, there is provided a method of manufacturing a composite member in which a conductive portion is selectively formed in an insulating body, comprising:
(1) forming a photosensitive composition layer within or on the surface of said insulating body, said photosensitive composition containing a compound having an ion-exchange group;
(2) exposing selectively the photosensitive composition layer to light so as to cause ion-exchange groups in the light exposed portion to disappear and to cause the ion-exchange groups to remain in the unexposed portion; and
(3) forming the conductive portion by bonding a metal ion or metal to the ion-exchange group remaining in the unexposed portion after the light exposure in a pattern.
According to a further aspect of the present invention, there is provided a method of manufacturing a composite member in which a conductive portion is selectively formed in an insulating body, comprising:
(1) forming a photosensitive composition layer within or on the surface of said insulating body, said photosensitive composition containing a compound forming an ion-exchange group in the presence of acid and a photo acid generating agent;
(2) exposing selectively to light and heating the photosensitive composition layer so as to form ion-exchange group in the light exposed portion; and
(3) forming the conductive portion by bonding a metal ion or metal to the ion-exchange group formed in the light exposed portion by the exposing.
It is desirable for the method of the present invention to further comprise the step of applying an electroless plating to the surface of the conductive portion formed in the third step.
According to another embodiment of the present invention, there is provided a photosensitive composition used for manufacturing a composite member, the composition containing a naphthoquinone diazide derivative and a polycarbodiimide derivative.
According to another embodiment of the present invention, there is provided a porous insulating body having the inner surface of the pore covered with a photosensitive composition containing a naphthoquinone diazide derivative.
According to another embodiment of the present invention, there is provided a composite member having a conductive portion formed on at least one of the surface and the inner region of a porous insulating body via an organic compound, wherein the amount of the organic compound, which is present between the insulating body and the conductive portion, per unit area of the surface of the insulating body is larger than the amount of the organic compound that is not in contact with the conductive portion.
According to another embodiment of the present invention, there is provided a multi-layered wiring board including a plurality of substrates that are laminated one upon the other, wherein the substrate comprises a porous insulating body having fine pores and a conductive portion formed on at least one of the surface and the inner region of the fine pore of the porous insulating body, and a layer formed of a conductive body that does not contain the component of the insulating body is formed on the outermost surface of the conductive portion of each substrate.
Further, according to still another embodiment of the present invention, there is provided an electronic package comprising a wiring board consisting of the composite body described above or a multi-layered wiring board described above and an electronic part electrically connected to the wiring board. |
Dorsomedial hypothalamic lesions alter intake of an imbalanced amino acid diet in rats.
Within 3 h of ingesting an imbalanced amino acid diet (IAAD), rats show attenuated intake. The associated conditioned taste aversion can be ameliorated by giving the serotonin3 receptor blocker, tropisetron (TROP). A recent c-fos study indicated that the dorsomedial hypothalamic nucleus (DMN) may be activated 2-3 h after ingestion of IAAD. In Experiment 1, DMN-lesioned rats (DMNL) or sham-operated (SHAM) rats were injected with saline (SAL) or TROP just before introduction of IAAD. By 3 h, SAL-DMNL rats consumed more (P < 0.01) of the IAAD than did the SAL-SHAM rats. Thereafter, over the next 21 h, the intake of the SAL-DMNL group returned to control levels. TROP treatment enhanced the intake of the treated groups; the TROP and the lesion effect were additive (P < 0.01). By d 4 of receiving the IAAD, the DMNL groups were eating less than SHAM rats (P < 0.05). The data suggest that the DMN may be involved in the early detection of the amino acid deficiency induced by IAAD, is not involved in the TROP effect and is necessary for proper long-term adaptation to an IAAD. |
Tag: Eloy Casados
Original US release date: December 5, 2008 Production budget: $25,000,000 Worldwide gross: $27,426,335 There are timely films and then there are films that are before their time. Ron Howard is probably seen by most as a director who frequently makes good or very good films and occasionally makes a great one. Most recently, a lot... Continue Reading → |
The present invention relates generally to improved means and methods for processing documents using electronic imaging, and more particularly, to the use of electronic imaging for processing financial documents, such as checks and related documents in a banking environment.
Today's financial services industry is facing the immense challenge of processing huge amounts of documents efficiently. Predictions that document payment methods would decline have not been realized. In fact, document payment methods have grown worldwide and are expected to continue increasing. There is thus a vital need to devise improved means and methods for processing such documents.
The use of imaging technology as an aid to document processing has been recognized as one way of significantly improving document processing, as disclosed, for example, in U.S. Pat. Nos. 4,205,780, 4,264,808, and 4,672,186. Generally, imaging involves optically scanning documents to produce electronic images that are processed electronically and stored on high capacity storage media (such as magnetic disc drives and/or optical memory) for later retrieval and display. It is apparent that document imaging provides the opportunity to reduce document handling and movement, since these electronic images can be used in place of the actual documents.
However, despite technological advances in imaging in recent years, prior art document processing systems employing imaging, such as disclosed in the aforementioned patents, do not realized sufficient improvements to justify the added implementations costs. |
The summaries of the Colorado Court of Appeals published opinions
constitute no part of the opinion of the division but have been prepared by
the division for the convenience of the reader. The summaries may not be
cited or relied upon as they are not the official language of the division.
Any discrepancy between the language in the summary and in the opinion
should be resolved in favor of the language in the opinion.
SUMMARY
February 8, 2018
2018COA12
No. 14CA0144, People v. Trujillo — Criminal Law — Sentencing
— Probation — Indeterminate Sentence
A division of the court of appeals considers whether a
Colorado statute authorizes imposition of a sentence to an
indeterminate term of probation and whether the defendant was
entitled to the benefit of amendments to the statute criminalizing
theft. Relying on People v. Jenkins, 2013 COA 76, 305 P.3d 420,
the division concludes that section 18-1.3-202(1), C.R.S. 2017,
provides statutory authority for the imposition of an indeterminate
probation sentence. Following People v. Stellabotte, 2016 COA 106,
___ P.3d ___ (cert. granted Feb. 6, 2017), the majority further
concludes that the defendant is entitled to the benefit of
amendments to the theft statute. The partial dissent concludes
that the amendments to the theft statute do not apply retroactively,
and would therefore affirm the sentence in full.
Additionally, the division rejects the defendant’s contentions
that reversal is required due to the trial court’s rejection of
defense-tendered jury instructions, wrongfully admitted character
evidence, and prosecutorial misconduct. However, the division
remands for the trial court to make findings of fact concerning the
assessment of the costs of prosecution.
Accordingly, the division affirms the conviction, affirms the
sentence in part, vacates the sentence in part, and remands the
case with directions.
COLORADO COURT OF APPEALS 2018COA12
Court of Appeals No. 14CA0144
Mesa County District Court No. 11CR447
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Floyd Trujillo,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART AND
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Richman, J., concurs
Furman, J., concurs in part and dissents in part
Announced February 8, 2018
Cynthia H. Coffman, Attorney General, Joseph G. Michaels, Assistant Attorney
General, Denver, Colorado, for Plaintiff-Appellee
Douglas K. Wilson, Colorado State Public Defender, James S. Hardy, Deputy
State Public Defender, Denver, Colorado, for Defendant-Appellant
¶1 Defendant, Michael Floyd Trujillo, appeals his judgment of
conviction entered on a jury verdict finding him guilty of one count
of theft of more than $20,000 and one count of criminal mischief of
$20,000 or more. He also appeals his sentence. We perceive no
basis for reversing his convictions, but remand for the trial court to
make findings of fact regarding the assessment of the costs of
prosecution and to reclassify his theft conviction as a class 4 felony.
I. Background
¶2 In 2007, Trujillo began building a home, doing much of the
labor himself and initially using his own money to fund the project.
He later took out a construction loan from the victim, a bank, for
just under $255,000. After construction was completed on the
house, Trujillo stopped making his monthly loan payments. The
bank declined to restructure the loan and initiated foreclosure
proceedings in September 2010.
¶3 Before the foreclosure sale, Trujillo removed or destroyed
property in the house, including kitchen cabinets, countertops,
interior and exterior doors, doorjambs and casings, flooring,
baseboards, light fixtures, bathroom fixtures, the fireplace,
handrails, the boiler, the air conditioner, and the garage door.
1
Because of this damage, the house was appraised at $150,000;
however, the appraiser estimated that if the house were in good
repair, it would have been worth $320,000.
¶4 Trujillo was charged with defrauding a secured creditor, theft
of $20,000 or more, but less than $100,000, and criminal mischief
of $20,000 or more, but less than $100,000. The jury found him
not guilty of defrauding a secured creditor and guilty of theft and
criminal mischief.
¶5 On appeal, Trujillo raises six contentions: (1) the trial court
erred in rejecting defense-tendered jury instructions; (2) the trial
court erred in allowing evidence of a prior foreclosure against
Trujillo; (3) prosecutorial misconduct during direct examination of a
witness and closing rebuttal argument warrants reversal; (4) the
trial court imposed an illegal sentence of indeterminate probation;
(5) the trial court erred in awarding the People costs of prosecution;
and (6) an amendment to the theft statute applies to his conviction.
We perceive no basis for reversal with respect to the first four
contentions, but agree with Trujillo’s final two contentions. We
therefore affirm the convictions and the sentence in part but vacate
the sentence in part and remand with directions.
2
II. Jury Instructions
¶6 Trujillo asserts that the trial court erred in rejecting various
jury instructions regarding his theory of the case. We disagree.
A. Additional Facts
¶7 Throughout trial, the defense’s theory of the case was that
Trujillo lacked the requisite intent to commit the charged offenses
because he believed that the property he removed from the house
belonged to him. The defense tendered five jury instructions related
to this theory of the case.
¶8 Trujillo’s tendered jury instructions detailed property law
concepts. For example, the first tendered instruction stated that
“the person who has title to real property is still the owner of the
property even if there is a lien or secured interest on the property.”
Another tendered instruction defined “title,” “deed of trust,” and
“holder of a certificate of purchase[].” One instruction described the
lien theory detailed in section 38-35-117, C.R.S. 2017, and another
instructed that title to property “does not vest with the purchaser
until eight days after [a] foreclosure sale.”
¶9 The trial court declined to give these instructions as tendered.
However, portions of the defense-tendered instructions were
3
included in a final definitional jury instruction. The final
instructions defined “deed of trust” and stated that the title to
property is transferred to the holder of the certificate of purchase
eight days after a foreclosure sale. Though it rejected other
portions of the defense-tendered instructions, the trial court
permitted defense counsel to argue the issues raised in the
instructions during closing argument.
¶ 10 The defense also tendered an instruction which the trial court
modified and gave as a theory of the case instruction. That
instruction stated, “Trujillo contends that the items removed from
the home . . . were his; purchased by him and installed by him. . . .
Trujillo conten[d]s that the items that he took and damaged were
his sole property.”
B. Standard of Review
¶ 11 We review jury instructions de novo to determine whether, as
a whole, they accurately informed the jury of the governing law.
Riley v. People, 266 P.3d 1089, 1092-93 (Colo. 2011). If the jury
instructions properly inform the jury of the law, the district court
has “broad discretion to determine the form and style of jury
instructions.” Day v. Johnson, 255 P.3d 1064, 1067 (Colo. 2011).
4
Accordingly, we review a trial court’s decision concerning a
proposed jury instruction for an abuse of discretion and will not
disturb the ruling unless it is manifestly arbitrary, unreasonable, or
unfair. Id.
¶ 12 When a defendant objects to the trial court’s ruling on a jury
instruction, we review for nonconstitutional harmless error and will
thus affirm if “there is not a reasonable probability that the error
contributed to the defendant’s conviction.” People v. Garcia, 28
P.3d 340, 344 (Colo. 2001) (quoting Salcedo v. People, 999 P.2d
833, 841 (Colo. 2000)).
C. Applicable Law
¶ 13 “[A]n instruction embodying a defendant’s theory of the case
must be given by the trial court if the record contains any evidence
to support the theory.” People v. Nunez, 841 P.2d 261, 264 (Colo.
1992). Moreover, a trial court has “an affirmative obligation” to
work with counsel to correct a tendered theory of the case
instruction “or to incorporate the substance of such in an
instruction drafted by the court.” Id. at 265; see also People v.
Tippett, 733 P.2d 1183, 1195 (Colo. 1987) (a trial court may refuse
to give an instruction already embodied in other instructions).
5
¶ 14 In considering whether a jury was adequately informed of a
defendant’s theory of the case, a reviewing court can take into
account whether defense counsel’s closing argument “fairly
represented” the theory to the jury. People v. Dore, 997 P.2d 1214,
1222 (Colo. App. 1999).
D. Analysis
¶ 15 Trujillo contends that the trial court abused its discretion in
rejecting the tendered instructions. We disagree.
¶ 16 Trujillo asserts that the tendered instructions were essential
because they communicated his theory of the case. However, the
trial court instructed the jury on his theory of the case in an
instruction that clearly stated that he believed the property he took
from the house was “his sole property.” To the extent that the trial
court had a duty to work with the defense in crafting a proper
theory of defense instruction, we conclude that the trial court
fulfilled that duty here by giving an alternative theory of the case
instruction that encompassed Trujillo’s tendered instructions. See
Nunez, 841 P.2d at 265 n.9. Moreover, the trial court specifically
stated that defense counsel would be allowed to incorporate the
6
property law concepts into her closing argument, which defense
counsel did.
¶ 17 Trujillo asserts that the instructions he tendered were
accurate statements of property law. In contrast, the People argue
that the instructions misstated the law as it applies in criminal
prosecutions for theft and criminal mischief. Because we conclude
that the trial court did not abuse its discretion in drafting a theory
of defense instruction that encompassed the defense’s tendered
instructions, we do not address whether the rejected instructions
were accurate statements of the law.
¶ 18 The jury instructions, as a whole, “fairly and adequately
cover[ed] the issues presented.” People v. Pahl, 169 P.3d 169, 183
(Colo. App. 2006). Thus, we conclude that the trial court did not
abuse its discretion in rejecting in part the defense-tendered jury
instructions.
III. Evidence of Prior Foreclosure
¶ 19 Trujillo next asserts that the trial court erred in allowing the
People to introduce evidence that another property of his had been
foreclosed. We disagree.
7
A. Additional Facts
¶ 20 Before trial, Trujillo filed a motion to exclude evidence of other
acts or res gestae evidence. Trujillo’s motion addressed several
categories of other acts evidence, including evidence related to any
“financial and/or legal problems” unrelated to the charged offenses.
During a motions hearing, the People stated that they did not
intend to introduce any other acts or res gestae evidence. In a
written ruling, the trial court granted Trujillo’s motion to exclude
evidence of his unrelated financial and legal problems “unless the
prosecution fe[lt] that the ‘door ha[d] been opened.’” The trial court
further ordered that, if the People felt Trujillo introduced evidence of
his other financial and legal problems, the People could request a
bench conference during trial.
¶ 21 On the first day of trial, defense counsel stated that she was
withdrawing her motion to exclude other acts evidence insofar as it
pertained to evidence of Trujillo’s bankruptcy proceedings. During
her opening statement, defense counsel then mentioned those
proceedings.
¶ 22 Later, the People called the bank’s former vice president as an
expert witness. During direct examination, the prosecutor asked
8
the witness why the bank had declined to restructure Trujillo’s
loan. The prosecutor also asked about Trujillo’s demeanor during
interactions with the bank. Trujillo objected. After a bench
conference, the trial court allowed the witness to testify on both
matters.
¶ 23 Specifically, the witness testified that, during a conversation
about restructuring the loan, Trujillo “seemed like he was very
upset.” The witness recalled, “He got into [that] he had a piece of
property that [another bank] had foreclosed on and it sounded like
they had sold it for what [Trujillo] believed was a lot less, leaving
him a large deficiency balance.”
¶ 24 During closing argument, the People alluded to the witness’s
testimony and referred several times to Trujillo’s general animosity
against banks.
B. Standard of Review
¶ 25 We review a trial court’s decision to admit other acts or res
gestae evidence for an abuse of discretion. People v. Jimenez, 217
P.3d 841, 846 (Colo. App. 2008). A court abuses its discretion if its
decision to admit such evidence is manifestly arbitrary,
unreasonable, or unfair. Id.
9
¶ 26 We review a preserved claim of nonconstitutional error for
harmless error, reversing only if any error “substantially influenced
the verdict or affected the fairness of the trial proceedings.” Hagos
v. People, 2012 CO 63, ¶ 12, 288 P.3d 116, 119 (quoting Tevlin v.
People, 715 P.2d 338, 342 (Colo. 1986)).
C. Applicable Law
¶ 27 Evidence is relevant if it has “any tendency to make the
existence of any fact that is of consequence to the determination of
the action more probable or less probable than it would be without
the evidence.” CRE 401. Generally speaking, “[t]he Colorado Rules
of Evidence strongly favor the admission of relevant evidence.”
People v. Brown, 2014 COA 155M-2, ¶ 22, 360 P.3d 167, 172.
However, relevant evidence is nevertheless inadmissible when “its
probative value is substantially outweighed by the danger of unfair
prejudice, confusion of the issues, or misleading the jury.” CRE
403. Similarly, evidence of “other crimes, wrongs, or acts” is
inadmissible to prove a person’s character “in order to show that he
acted in conformity therewith,” though it may be admissible for
other purposes, including proving intent. CRE 404(b).
10
¶ 28 “Res gestae is a theory of relevance which recognizes that
certain evidence is relevant because of its unique relationship to the
charged crime.” People v. Greenlee, 200 P.3d 363, 368 (Colo. 2009).
However, “there is no need to consider an alternative theory of
relevance, such as res gestae, where the evidence is admissible
under general rules of relevancy.” Id.
D. Analysis
¶ 29 Trujillo contends that the evidence of the prior foreclosure
action portrayed him as a “serial defaulter” and was impermissible
under CRE 404(b) and 403. The People assert that the evidence
was admissible as “directly relevant” to Trujillo’s intent and motive.
In the alternative, the People argue that the evidence was res gestae
evidence. We agree with the People’s first argument that the
evidence was admissible under CRE 401, and was not barred by
CRE 403.1
1 During the bench conference, the trial court allowed the bank’s
former vice president to testify after conducting an abbreviated CRE
404(b) analysis that did not specifically address the four-factor test
set forth in People v. Spoto, 795 P.2d 1314, 1318 (Colo. 1990). The
trial court did not admit the evidence under the res gestae doctrine.
However, we can affirm a trial court’s evidentiary ruling on any
ground supported by the record, “even if that ground was not
11
¶ 30 The evidence of the prior foreclosure was probative of the
interactions between Trujillo and the bank — it made it more
probable that Trujillo had the requisite intent to commit theft. It
was therefore relevant under CRE 401. Further, the risk of unfair
prejudice did not substantially outweigh the probative value of the
evidence, especially where the prior foreclosure was referenced only
in passing and the details of that foreclosure were not revealed.
Thus, the evidence was not barred by CRE 403.
¶ 31 Because we conclude that the evidence of the prior foreclosure
was relevant under CRE 401 and admissible under CRE 403, we
need not address whether the evidence was res gestae evidence or
“other acts” evidence under CRE 404(b). See Greenlee, 200 P.3d at
368-69. Accordingly, we conclude that the trial court did not err in
allowing the testimony concerning the prior foreclosure action.
IV. Prosecutorial Misconduct
¶ 32 Trujillo argues that the prosecutor improperly commented on
the district attorney’s screening process for bringing charges and
articulated or considered by the trial court.” People v. Phillips, 2012
COA 176, ¶ 63, 315 P.3d 136, 153.
12
Trujillo’s right not to testify, and improperly denigrated defense
counsel. We perceive no basis for reversal.
A. Additional Facts
¶ 33 During redirect examination of one of the People’s expert
witnesses, an attorney who worked at the bank, the prosecutor
asked whether the bank played a role in charging Trujillo. The
prosecutor asked if the witness himself made the decision to file a
criminal case, to which the witness replied, “No.” The prosecutor
then asked, “[W]ho is it, according to your understanding, that
makes those decisions on whether a case gets filed criminally?” The
witness responded, “A complaint’s made to a police department or
sheriff’s department and they make that decision in conjunction
with I believe you.” The prosecutor clarified that “you” meant the
district attorney’s office. The defense did not object.
¶ 34 During rebuttal closing argument, the prosecutor said,
Did you hear all that? [Defense counsel]’s
talking about all of this stuff, about what
Trujillo’s intent was. And then did you hear
her towards the end what she did? She says,
and correct – this part was correct of what she
said. My job is to prove intent, right. That is
my burden. And she’s absolutely right. The
Defendant has every right to remain silent,
13
and he exercised that right and that is
something that you cannot use against him.
But it is completely ridiculous for [defense
counsel] to get up here and say that [Trujillo]
didn’t testify to what his intent was and then
to go on and talk about what his intent
actually was. We don’t know what his intent
was because he never testified to that, which
he has every right to do. But did you hear
her? She’s up here saying his intent was this.
¶ 35 Trujillo objected on the basis that the prosecutor was
denigrating defense counsel. The trial court sustained the objection
as to the prosecutor’s tone, but overruled it as to content. The
prosecutor then argued, “[I]f you go out and run somebody over and
– and think that you had the right to do that, is that gonna be a
legitimate defense by saying, well, I thought I could do that. I didn’t
– nobody ever told me. Nobody put it in writing. When I bought my
car, in the instruction manual, nothing said that about that. That’s
preposterous.” Trujillo did not renew his objection.
B. Standard of Review
¶ 36 In reviewing alleged prosecutorial misconduct, an appellate
court engages in a two-step analysis. First, we determine whether
the prosecutor’s conduct was improper based on the totality of the
circumstances. Wend v. People, 235 P.3d 1089, 1096 (Colo. 2010).
14
Second, we determine whether any misconduct warrants reversal
under the proper standard of review. Id.
¶ 37 When the alleged misconduct is objected to at trial and is of
constitutional magnitude, we review for constitutional harmless
error. Id. When the alleged misconduct is not of a constitutional
magnitude, and when the defense objected at trial, we subject the
prosecutorial misconduct to harmless error review. Id. at 1097.
Such prosecutorial misconduct will be considered harmless
“whenever there is no reasonable probability that it contributed to
the defendant’s conviction.” Crider v. People, 186 P.3d 39, 42 (Colo.
2008). When the defense did not object to the misconduct, we
review for plain error. Wend, 235 P.3d at 1097-98.
C. Applicable Law
¶ 38 A prosecutor cannot comment on a “screening process” for
charging cases “because it both hints that additional evidence
supporting guilt exists and reveals the personal opinion of the
prosecutor.” Domingo-Gomez v. People, 125 P.3d 1043, 1052 (Colo.
2005). It is also improper for a prosecutor to make remarks “for the
obvious purpose of denigrating defense counsel.” People v. Jones,
832 P.2d 1036, 1038 (Colo. App. 1991). It is similarly improper for
15
a prosecutor to comment on a defendant’s decision not to testify.
Griffin v. California, 380 U.S. 609, 614 (1965); see also People v.
Martinez, 652 P.2d 174, 177 (Colo. App. 1981) (noting that a
prosecutor’s comment on a defendant’s silence constitutes
reversible error when “the prosecution argued that such silence
constituted an implied admission of guilt”).
¶ 39 Nevertheless, “[a] prosecutor is allowed considerable latitude
in responding to the argument made by opposing counsel.” People
v. Ramirez, 997 P.2d 1200, 1211 (Colo. App. 1999), aff’d, 43 P.3d
611 (Colo. 2001). Further, “[a]lthough it is improper for a
prosecutor to assert that opposing counsel knows that the
accused’s case is not meritorious,” the prosecutor may permissibly
argue “that the evidence in support of defendant’s innocence lacked
substance.” Id. at 1211; see also People v. Samson, 2012 COA 167,
¶ 31, 302 P.3d 311, 317 (stating that a prosecutor may permissibly
“comment on the absence of evidence to support a defendant’s
contentions”).
¶ 40 Appellate courts consider several factors in determining
whether prosecutorial misconduct was prejudicial, including the
nature of the error, the pervasiveness of the misconduct, the
16
context, and the overall strength of the evidence supporting the
conviction. People v. McBride, 228 P.3d 216, 225 (Colo. App. 2009);
see also Crider, 186 P.3d at 43. For example, a reviewing court may
consider whether proper jury instructions mitigated the prejudicial
effect of prosecutorial misconduct. See People v. Castillo, 2014 COA
140M, ¶ 78, ___ P.3d ___, ___ (concluding prosecutor’s
misstatements were harmless in light of instructions from the trial
court and the defense’s closing argument) (cert. granted in part Nov.
23, 2015).
D. Analysis
¶ 41 Trujillo contends that three instances of prosecutorial
misconduct require reversal. We disagree.
¶ 42 Trujillo first contends that the prosecutor improperly referred
to a screening process while examining the expert witness. We
perceive no prosecutorial misconduct. The prosecutor here did not
imply that he had engaged in a screening process to “weed out the
weaker cases and, implicitly, that the State d[id] not consider this a
weak case.” Domingo-Gomez, 125 P.3d at 1052 (concluding the
prosecutor’s comment that “it takes a lot more than somebody
saying that person did it” to bring charges was improper). Rather,
17
the prosecutor clarified that the bank did not bring criminal
charges and that the witness himself did not stand to gain as a
result of Trujillo’s conviction. The People assert, and we agree, that
the prosecutor’s question merely elicited testimony to establish that
the district attorney’s office was responsible for pursuing the
criminal charges against Trujillo.
¶ 43 Second, Trujillo asserts that the prosecutor impermissibly
commented on his decision not to testify. We disagree. Even if we
assume the comment on Trujillo’s decision not to testify was
improper, not every comment on a defendant’s choice not to testify
requires reversal. See Martinez, 652 P.2d at 177. “The determining
factor is whether the defendant’s silence was used by the
prosecution as a means of creating an inference of guilt,” id., and
we conclude that the prosecutor’s comments here did not raise
such an inference.
¶ 44 Finally, Trujillo contends that the prosecutor impermissibly
denigrated defense counsel and the defense’s theory of the case
during rebuttal closing argument. We agree that the prosecutor
improperly denigrated defense counsel and the defense’s theory of
18
the case when he characterized her arguments as “completely
ridiculous” and “preposterous.”
¶ 45 However, we perceive no basis for reversal as a result of these
improper remarks. The comments were limited to the People’s
rebuttal closing argument. Moreover, significant evidence
corroborated the jury’s finding of guilt — specifically, the
undisputed evidence that Trujillo had removed an extensive amount
of property from the house. Viewing the record as a whole, we
cannot say that there was a “reasonable probability” that the
prosecutor’s remarks denigrating defense counsel contributed to
Trujillo’s convictions. See Crider, 186 P.3d at 42. Thus, we
determine the error was harmless.
¶ 46 In sum, though we agree that the prosecutor improperly
denigrated defense counsel, we perceive no basis for reversal.
V. Indeterminate Probation
¶ 47 Trujillo contends that the trial court did not have the statutory
authority to sentence him to indeterminate probation. We disagree.
A. Additional Facts
¶ 48 During the sentencing hearing, the People requested that
Trujillo be placed on a “long period of probation . . . somewhere in
19
the neighborhood of eight to ten years” because they anticipated
that Trujillo would be ordered to pay substantial restitution.2
Trujillo requested unsupervised probation with a collections
investigator monitoring his restitution payments.
¶ 49 The trial court imposed an “indefinite probation sentence”
because of the substantial restitution that Trujillo was expected to
owe. In imposing an indeterminate probation sentence, the trial
court stated, “There is case law that talks about whether
[indeterminate probation] is something that can or should be
imposed and it’s certainly something that is allowed regardless of
the type of conviction that has been entered.”
¶ 50 The mittimus states that the sentence imposed was a term of
probation for seven years to life.
B. Standard of Review
¶ 51 The People contend that we should not consider this claim
because a sentence to probation is not ordinarily subject to
2 The trial court ultimately ordered Trujillo to pay $171,421.97 in
restitution. Trujillo separately appealed that order, and a division
of this court affirmed in part, reversed in part, and remanded for
reconsideration. People v. Trujillo, (Colo. App. No. 14CA2486, Oct.
5, 2017) (not published pursuant to C.A.R. 35(e)).
20
appellate review. However, “where, as here, a defendant contends
that ‘a court has exceeded its statutory authority’ in imposing a
probationary sentence, appellate review is warranted.” People v.
Jenkins, 2013 COA 76, ¶ 10, 305 P.3d 420, 423 (quoting People v.
Rossman, 140 P.3d 172, 174 (Colo. App. 2006)).
¶ 52 “We review sentencing decisions that are within the statutory
range for an abuse of discretion.” People v. Torrez, 2013 COA 37,
¶ 71, 316 P.3d 25, 37. However, where the defendant contends that
a court exceeded its statutory sentencing authority, our inquiry
involves statutory interpretation. Jenkins, ¶ 12, 305 P.3d at 423.
We review such issues of statutory interpretation de novo. Id.
C. Applicable Law
¶ 53 Under section 18-1.3-202(1)(a), C.R.S. 2017, a trial court “may
grant the defendant probation for such period and upon such terms
and conditions as it deems best.” Further, “[t]he length of probation
shall be subject to the discretion of the court and may exceed the
maximum period of incarceration authorized for the classification of
the offense of which the defendant is convicted.” Id.
¶ 54 In Jenkins, a division of this court concluded that section 18-
1.3-202(1) “authorizes a trial court to impose an indeterminate term
21
of probation.” Jenkins, ¶ 38, 305 P.3d at 426. The Jenkins division
bolstered its conclusion by looking to the plain language of the
statute — which the division noted “contemplate[s] both
determinate and indeterminate terms of probation” — and to the
provision’s legislative history. Id. at ¶¶ 40, 42, 46, 305 P.3d at 426-
28. Finally, the division noted that section 18-1.3-202(1) “generally
pertains to a broad class of cases, and it simply allows a trial court
to elect an indeterminate term if it sentences an offender who has
been convicted of a felony to probation.” Id. at ¶ 50, 305 P.3d at
428 (upholding probationary sentence of ten years to life); see also
People v. Martinez, 844 P.2d 1203, 1206 (Colo. App. 1992)
(concluding that a trial court has authority to impose a term of
probation that exceeds the sentence to imprisonment in the
statutory aggravated range for an offense).
D. Analysis
¶ 55 Trujillo asserts that the trial court exceeded its statutory
authority in imposing an indeterminate probationary sentence. We
disagree.
¶ 56 Like the Jenkins division, we conclude that section 18-1.3-
202(1) gives a trial court the authority to sentence a defendant
22
convicted of a felony to an indefinite probationary period. Trujillo
urges that the statute limits a trial court’s authority to impose an
indeterminate probation sentence. Under Trujillo’s logic, a sentence
to probation for 100 years is permissible, but an indeterminate
probation sentence is outside the trial court’s statutory authority.
The statute offers no basis for reaching this conclusion.
¶ 57 Trujillo asserts that Jenkins is distinguishable because that
case concerned whether a defendant convicted of a sex offense not
falling under the supervision scheme of the Colorado Sex Offender
Lifetime Supervision Act of 1998 (SOLSA), see §§ 18-1.3-1001
to -1012, C.R.S. 2017, could nevertheless be sentenced to
indeterminate probation. Jenkins, ¶ 1, 305 P.3d at 422. Trujillo
contends that Jenkins was limited to the particular circumstances
of that case, and does not widely apply to all offenses and
defendants. However, the Jenkins division made clear that section
18-1.3-202(1) “establishes a general rule as far as the possibility of
an indeterminate probationary term for felonies” and “authorizes a
trial court to impose an indeterminate term of probation.” Id. at
¶¶ 38, 50, 305 P.3d at 426, 428. In fact, Jenkins explicitly rejected
the argument that a sentence of indeterminate probation could be
23
imposed only in sex offense cases subject to SOLSA. Id. at ¶¶ 49-
50, 305 P.3d at 428. Thus, Trujillo’s argument that Jenkins is
limited to sex offenses is unavailing.
¶ 58 In sum, we conclude that the trial court did not exceed its
statutory authority in imposing the probation sentence here.
VI. Costs of Prosecution
¶ 59 Trujillo next asserts that the trial court erred in awarding the
full costs of prosecution requested by the People without making a
finding on whether any portion of the costs was attributable to the
charge on which he was acquitted. We agree.
A. Additional Facts
¶ 60 Before sentencing, the People moved for reimbursement of the
costs of prosecution pursuant to section 18-1.3-701, C.R.S. 2017.
The People requested $768.70. Trujillo opposed the motion on the
basis that the People bore responsibility for the costs incurred to
prove the defrauding a secured creditor charge, of which Trujillo
was acquitted.
¶ 61 During the sentencing hearing, the trial court awarded the
requested costs of prosecution, ordering Trujillo to pay $768.70.
24
B. Standard of Review
¶ 62 The trial court, in its discretion, may assess reasonable and
necessary costs of prosecution against a convicted defendant. See
§ 18-1.3-701(2)(j.5). Thus, we review an assessment of costs of
prosecution for an abuse of discretion, reversing if the trial court’s
determination is manifestly arbitrary, unreasonable, or unfair,
People v. Palomo, 272 P.3d 1106, 1110 (Colo. App. 2011), or if the
trial court misapplied the law, People v. Jefferson, 2017 CO 35,
¶ 25, 393 P.3d 493, 499.
C. Applicable Law
¶ 63 Under section 16-18-101(1), C.R.S. 2017, the state bears the
costs of prosecution when a defendant is acquitted. Such costs
may include witness fees, mileage, lodging expenses, transportation
costs, and other reasonable and necessary costs that directly result
from prosecuting the defendant. § 18-1.3-701(2); see also People v.
Sinovcic, 2013 COA 38, ¶¶ 15-16, 304 P.3d 1176, 1179. If a
defendant is convicted of fewer than all of the charged counts, the
court may assess only those costs attributable to the counts for
which the defendant was convicted, if an allocation is practicable.
Palomo, 272 P.3d at 1112.
25
D. Analysis
¶ 64 Trujillo asserts that the trial court erred in not making a
finding as to whether some portion of the requested costs of
prosecution were allocable to the acquitted charge. We agree.
¶ 65 As Trujillo concedes, it is possible that the costs cannot be
allocated between the charge on which he was acquitted and the
two charges on which he was convicted. However, the trial court
did not find that such an allocation was impracticable. Because the
trial court was required to consider whether some portion of the
requested costs was practicably attributable to the acquitted
charge, the trial court abused its discretion. See DeBella v. People,
233 P.3d 664, 667 (Colo. 2010) (failure to exercise discretion
constitutes an abuse of the court’s discretion).
¶ 66 Accordingly, we vacate the order awarding the People costs of
prosecution and remand for the trial court to make appropriate
findings of fact and “assess only those costs that are related to the
prosecution of the . . . counts of which [Trujillo] was convicted, to
the extent an allocation is practicable.” Palomo, 272 P.3d at 1113.
26
VII. Amendment to Theft Statute
¶ 67 Trujillo contends that he should have benefited from an
amendment to the theft statute reclassifying theft between $20,000
and $100,000 as a class 4 felony. We agree.
A. Additional Facts
¶ 68 The General Assembly amended the theft statute on June 5,
2013. See Ch. 373, sec. 1, § 18-4-401, 2013 Colo. Sess. Laws
2196. Under the amended statute, theft between $20,000 and
$100,000 constitutes a class 4 felony. See § 18-4-401(2)(h), C.R.S.
2017. Prior to the amendment, theft over $20,000 constituted a
class 3 felony. § 18-4-401(2)(d), C.R.S. 2011.
¶ 69 Trujillo was charged with theft of $20,000 or more in April
2011. He was convicted in October 2013 and sentenced in
December 2013. His theft conviction was recorded on the mittimus
as a class 3 felony.
B. Standard of Review
¶ 70 The People assert that, because Trujillo did not make this
argument before the trial court, we should review only for plain
error. However, the division in People v. Stellabotte rejected this
argument. 2016 COA 106, ¶ 42, ___ P.3d ___, ___ (noting that plain
27
error review was inappropriate because “a defendant may raise a
claim at any time that his or her sentence was not authorized by
law”) (cert. granted Feb. 6, 2017). Following Stellabotte, we review
the legality of the sentence de novo. Id. at ¶ 4, ___ P.3d at ___.
C. Applicable Law
¶ 71 In determining whether to apply amendments to legislation,
we first look to the plain language of the statute. People v.
Summers, 208 P.3d 251, 253-54 (Colo. 2009). If a statute explicitly
states that it applies only to offenses committed after the effective
date, it must be applied accordingly. See People v. McCoy, 764 P.2d
1171, 1174 (Colo. 1988).
¶ 72 As a general rule, “[a] statute is presumed to be prospective in
its operation.” § 2-4-202, C.R.S. 2017. However, if a statute is
silent as to whether it applies only prospectively, a defendant may
seek retroactive application if he or she benefits from a significant
change in the law. § 18-1-410(1)(f)(I), C.R.S. 2017; see also People
v. Thornton, 187 Colo. 202, 203, 529 P.2d 628, 628 (1974) (allowing
defendant to seek relief on direct appeal under statute).
¶ 73 In Stellabotte, a division of this court concluded that the
amendatory theft legislation “applies retroactively to cases pending
28
in the trial court when the amendment was enacted.” Stellabotte,
¶ 45, ___ P.3d at ___; People v. Patton, 2016 COA 187, ¶ 32, ___ P.3d
___, ___; see also People v. Patton, (Colo. App. No. 14CA2359, Aug.
11, 2016) (not published pursuant to C.A.R. 35(e)) (cert. granted
Feb. 6, 2017).
D. Analysis
¶ 74 Trujillo contends that the amendment to the theft statute
requires that we vacate his sentence and remand for the trial court
to enter his theft conviction as a class 4 felony. We agree.
¶ 75 As the division noted in Stellabotte, the theft amendment does
not explicitly state that it is either retroactive or prospective.
Stellabotte, ¶ 45, ___ P.3d at ___. In the face of this legislative
silence, the division held that a defendant who committed theft
prior to the statutory amendment but was not convicted until after
its passage was entitled to the benefit retroactively. See id. at
¶¶ 39, 45, ___ P.3d at ___. The same is true here.
¶ 76 Trujillo was charged with theft before the statute was
amended, but was not convicted or sentenced until after the
General Assembly lowered the classification for theft between
29
$20,000 and $100,000.3 Thus, like the defendant in Stellabotte,
Trujillo is entitled to the benefit of the amendment. As a result, we
vacate the sentence for the theft conviction and remand for the
conviction to be entered as a class 4 felony.
¶ 77 The partial dissent looks to several statutory provisions in
support of its conclusion that Trujillo is not entitled to the benefit of
the amendatory legislation. First, the partial dissent cites section
2-4-202, which states the general presumption that statutes apply
prospectively. However, as the division noted in Stellabotte, section
18-1-410 is a specific exception to the general rule expressed in
section 2-4-202. Stellabotte, ¶ 47 n.4, ___ P.3d at ___ n.4. We
agree with that analysis. Thus, the general presumption that
statutes apply prospectively does not apply here where Trujillo
seeks the benefit of a “significant change in the law, . . . allowing in
3 Trujillo asserts that the theft was between $20,000 and $100,000
based on testimony from trial. The People do not contest the value
of the stolen property in this case. We therefore assume that
Trujillo’s offense properly fell within the value range set forth in
section 18-4-401(2)(h), C.R.S. 2017.
30
the interests of justice retroactive application of the changed legal
standard.”4 § 18-1-410(1)(f)(I).
¶ 78 The partial dissent also invokes section 2-4-303, C.R.S. 2017,
in support of its conclusion. Section 2-4-303 states:
The repeal, revision, amendment, or
consolidation of any statute or part of a statute
or section or part of a section of any statute
shall not have the effect to release, extinguish,
alter, modify, or change in whole or in part any
penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred
under such statute, unless the repealing,
revising, amending, or consolidating act so
expressly provides.
¶ 79 However, the supreme court has noted that the “general
saving” provision codified in this statute is not applicable to
criminal cases; instead, the court noted in dictum that it “has
4 The partial dissent also asserts that section 18-1-410(1)(f)(I),
C.R.S. 2017, does not provide any relief to Trujillo because that
provision requires that “there has been significant change in the
law, applied to the [defendant’s] conviction or sentence.” The
partial dissent asserts that the phrase “applied to” requires that the
legislation expressly state that it applies retroactively. We disagree
with that interpretation, and believe that our view finds authority in
supreme court case law. See People v. Thomas, 185 Colo. 395, 397,
525 P.2d 1136, 1137 (1974) (noting that “[t]he legislature intended
the changed legal standards to apply wherever constitutionally
permissible” but making no mention of whether the amendatory
legislation reclassifying attempted second degree burglary explicitly
stated that it applied retroactively).
31
consistently adhered to the principle . . . that a defendant is entitled
to the benefits of amendatory legislation when relief is sought before
finality has attached to the judgment of conviction.” Noe v. Dolan,
197 Colo. 32, 36 n.3, 589 P.2d 483, 486 n.3 (1979).
¶ 80 In People v. Boyd, a division of the court of appeals concluded
that section 2-4-303 did not prevent the retroactive effect of an
amendatory constitutional provision. 2015 COA 109, ¶ 27, 395
P.3d 1128, 1134, aff’d, 2017 CO 2, 387 P.3d 755.5 The division
noted the supreme court’s language in Noe. Id. at ¶ 28, 395 P.3d at
1134. To the extent that other supreme court cases included
contrary statements, the Boyd division concluded that such
statements were dicta and that the supreme court had not
overruled or disapproved of either Noe or People v. Thomas, 185
Colo. 395, 398, 525 P.2d 1136, 1138 (1974) (holding that
“amendatory legislation mitigating the penalties for crimes should
be applied to any case which has not received final judgment”).
5 The supreme court in Boyd affirmed the Court of Appeals decision
on different grounds, concluding that the marijuana criminal
offense statute had been rendered inoperative by Amendment 64.
Neither the majority nor the dissent in Boyd cited section 2-4-303,
C.R.S. 2017.
32
Boyd, ¶¶ 29-30, 395 P.3d at 1134-35. Finally, the Boyd division
concluded that section 18-1-410(1)(f)(I) controls over section 2-4-
303 because the former sets forth a specific exception to the latter,
which codifies a “general rule[] of construction regarding
prospective effect for amendatory legislation.” Id. at ¶¶ 31-32, 395
P.3d at 1135. We agree with the Boyd division’s analysis and
therefore do not perceive section 2-4-303 as a bar to the relief
Trujillo seeks.
¶ 81 In making its statutory arguments, the partial dissent relies
on the plain meaning of both section 2-4-303 and section 18-1-
410(1)(f)(I). However, as discussed, the supreme court has not
given either provision its plain meaning. Despite express reference
in section 2-4-303 to civil and criminal penalties, the supreme court
has indicated that the provision does not apply to criminal cases.
Noe, 197 Colo. at 36 n.3, 589 P.2d at 486 n.3. Similarly, while
section 18-1-410(1)(f)(I) by its express terms applies to defendants
seeking postconviction relief, the supreme court has held that the
statute also extends to defendants seeking relief on direct appeal.
Thornton, 187 Colo. at 203, 529 P.2d at 628. In light of the
33
supreme court’s interpretation of these statutes, we cannot give
them the meanings that the partial dissent ascribes to them.
¶ 82 Finally, the partial dissent also relies on Riley v. People, in
which the supreme court noted that it has “emphasized that a
defendant is not entitled to the ameliorative effects of amendatory
legislation if the General Assembly has not clearly indicated its
intent to require such retroactive application.” 828 P.2d 254, 258
(Colo. 1992). However, we do not consider this statement to have
the controlling effect the partial dissent gives it. In Riley, the
defendant committed a crime in April 1988 and sought relief under
two sentencing provisions that expressly stated they applied to acts
“committed on or after” July 1, 1988. Id. at 255-56. The Riley
court held the defendant there was not entitled to relief because
applying the statutes retroactively would require the court to ignore
the “clear legislative determination” that the amended sentencing
provisions would apply only to acts after that date. Id. at 257.
¶ 83 Thus, Riley is readily distinguishable from the present case,
where the amendments to the theft statute do not expressly provide
an effective date, and the language relied on by the partial dissent is
dicta. Accord McCoy, 764 P.2d at 1174 (noting that, where
34
legislation expressly stated it applied to acts committed on or after
its effective date, a “defendant does not receive any ameliorative
benefit” because “retroactive application of the amendatory
legislation is clearly not intended by its own terms”); People v.
Macias, 631 P.2d 584, 587 (Colo. 1981) (same).
¶ 84 Thus, we conclude, in accordance with Stellabotte, that Trujillo
should receive the benefit of the amendment to the theft statute
reclassifying theft between $20,000 and $100,000 as a class 4
felony. See Stellabotte, ¶ 40, ___ P.3d at ___.
VIII. Conclusion
¶ 85 Accordingly, the judgment of conviction is affirmed. The
sentence is affirmed in part and vacated in part, and the case is
remanded for further proceedings consistent with the views
expressed in this opinion.
JUDGE RICHMAN concurs.
JUDGE FURMAN concurs in part and dissents in part.
35
JUDGE FURMAN, concurring in part and dissenting in part.
¶ 86 I respectfully dissent from the majority’s opinion only as to the
effect of the 2013 amendments to the theft statute. I conclude that
the 2013 amendments to the theft statute do not apply retroactively
to Trujillo’s case. I reach this conclusion for several reasons.
¶ 87 First, the General Assembly has made it clear that a “statute is
presumed to be prospective in its operation.” § 2-4-202, C.R.S.
2017. The 2013 amendments to the theft statute are silent as to
whether they apply prospectively or retroactively. Therefore, I
presume that the 2013 amendments are prospective in operation
and do not apply to Trujillo’s offense, which occurred before 2013.
See id.
¶ 88 Second, an amendment to a criminal statute does not change
the penalty for crimes already committed under the statute unless
the amendatory legislation expressly provides for such a change.
See § 2-4-303, C.R.S. 2017. Section 2-4-303 provides, in relevant
part:
The . . . amendment . . . of any statute or part
of a statute . . . shall not have the effect to
release, extinguish, alter, modify, or change in
whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall
36
have been incurred under such statute, unless
the . . . amending . . . act so expressly
provides, and such statute or part of a statute
. . . so . . . amended . . . shall be treated and
held as still remaining in force for the purpose
of sustaining any and all proper actions, suits,
proceedings, and prosecutions, criminal as
well as civil, for the enforcement of such
penalty, forfeiture, or liability, as well as for
the purpose of sustaining any judgment,
decree, or order which can or may be rendered,
entered, or made in such actions, suits,
proceedings, or prosecutions imposing,
inflicting, or declaring such penalty, forfeiture,
or liability.
Because the 2013 amendments to the theft statute do not expressly
provide that they apply retroactively, and Trujillo committed his
crime before 2013, he is liable for theft as it was defined when he
committed the offense. See id.
¶ 89 Third, in Riley v. People, 828 P.2d 254, 258 (Colo. 1992), our
supreme court “emphasized that a defendant is not entitled to the
ameliorative effects of amendatory legislation if the General
Assembly has not clearly indicated its intent to require such
retroactive application.” Id. I consider this statement by the
supreme court about its own jurisprudence on this issue to be
controlling.
37
¶ 90 Fourth, section 18-1-410(1)(f)(I), C.R.S. 2017, does not allow
Trujillo, on direct appeal, to seek retroactive application of the 2013
amendments to his case. Section 18-1-410(1)(f)(I) allows a
defendant to seek retroactive application of a “significant change in
the law, applied to” a defendant’s “conviction or sentence.” I believe
that the phrase “applied to” reflects the General Assembly’s intent
that, for amendatory legislation to apply retroactively to a
defendant’s conviction or sentence, the legislation must state that it
applies retroactively. Thus, because, as noted, the 2013
amendments do not state that they apply retroactively to Trujillo’s
conviction and sentence, he may not seek retroactive application
under section 18-1-410(1)(f)(I).
¶ 91 Finally, and with all due respect, I decline to follow People v.
Stellabotte, 2016 COA 106 (cert. granted Feb. 6, 2017). Indeed, I
agree with Judge Dailey’s dissent in Stellabotte. See id. at ¶¶ 62-70
(Dailey, J., concurring in part and dissenting in part).
38
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Q:
sql queries and inserts
I have a random question. If I were to do a sql select and while the sql server was querying my request someone else does a insert statement... could that data that was inputted in that insert statement also be retrieved from my select statement?
A:
Queries are queued, so if the SELECT occurs before the INSERT there's no possibility of seeing the newly inserted data.
Using default isolation levels, SELECT is generally given higher privilege over others but still only reads COMMITTED data. So if the INSERT data has not been committed by the time the SELECT occurs--again, you wouldn't see the newly inserted data. If the INSERT has been committed, the subsequent SELECT will include the newly inserted data.
If the isolation level allowed reading UNCOMMITTED (AKA dirty) data, then yes--a SELECT occurring after the INSERT but before the INSERT data was committed would return that data. This is not recommended practice, because UNCOMMITTED data could be subject to a ROLLBACK.
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Introduction {#sec1-1}
============
Infliximab (IFX), a chimeric anti-TNFα antibody, is effective in inducing and maintaining remission in a considerable proportion of IBD patients refractory to any other treatments \[[@ref1],[@ref2]\]. However, 8-12% of adult and/or pediatric patients fail to respond to the induction regimen (known as primary non responders) and approximately 40% of patients who respond initially and achieve clinical remission inevitably lose response over time\[[@ref3],[@ref7]\]. Lack of response to IFX is a stable trait and suggests that the differences in response might be in part genetically determined. Considering the high cost and safety profile of this drug, genetic targeting of patients responding to this therapy is certainly of great interest \[[@ref8]\]. So far, limited candidate gene association studies with response to IFX have been reported \[[@ref9]-[@ref11]\]. Recently, a genome-wide association study (GWAS) in paediatric IBD patients has revealed that the 21q22.2/BRWDI loci were associated with primary non response \[[@ref12]\]. Furthermore, although TNFa gene is of great interest as a candidate gene for pharmacogenetic approaches few studies have been performed to date and some have led to contradictory results \[[@ref10],[@ref11],[@ref13]-[@ref15]\].
All anti-TNF agents share an IgG1 Fc fragment, but the contribution of the Fc portion to the response to treatment among currently used TNF blockers remains unknown. Receptors for IgG-Fc portion (FcR) are important regulatory molecules of inflammatory responses. FcR polymorphisms alter receptor function by enhancing or diminishing the affinity for immunoglobulins \[[@ref16]\]. Three major classes of FcR that are capable of binding IgG antibodies are recognised: FcγRΙ (CD64), FcγRΙΙ (CD32), and FcγRΙΙΙ (CD16). FcγRΙΙ and FcγRΙΙΙ have multiple isoforms (FcγRΙΙΙA/C and B; FcγRΙΙΙA and B) \[[@ref16]\]. The most frequent polymorphism of *FcγRΙΙΙA* is a point mutation affecting amino acids in codon 158 in the extracellular domain. This results in either a valine (V158) or a phenylalanine (F158) at this position. Recently, it has been reported that CD patients with *FcγRΙΙΙA* -158V/V genotype had a better biological and possibly better clinical response to IFX \[[@ref17]\]. However, further studies did not confirm this observation \[[@ref18]\].
The aim of this study was to assess whether the *TNF* and/ or *FcγRΙΙΙA* gene polymorphisms are genetic predictors of response to IFX, in a cohort of Greek patients with adult or paediatric onset of CD.
Patients - Methods {#sec1-2}
==================
Patients {#sec2-1}
--------
We enrolled 106 consecutive patients with newly diagnosed CD attending the outpatient IBD Clinic at the 1^st^ Department of Gastroenterology, "Evangelismos" Hospital (79 adults) or the 1^st^ Department of Pediatrics, University Hospital of Athens "Aghia Sophia"(27 children). The diagnosis of CD was based on standard clinical, endoscopic, radiological, and histological criteria \[[@ref1],[@ref19]\]. Eligible patients should have inflammatory (luminal) disease and be naive to IFX.
IFX was administered intravenously at a dose of 5mg/kg at weeks 0, 2, 6 and then every 8 weeks. Clinical and serological responses were assessed using the Harvey-Bradshaw Index (HBI) \[[@ref20]\] and the serum levels of C-reactive protein (CRP), respectively, at baseline (before the 1st infusion of IFX), the day before each subsequent IFX infusion and after 12 weeks of treatment. Ileocolonoscopy was performed by a single endoscopist (GJM) at baseline and after 12-20 weeks of therapy to assess mucosal healing. Any changes in endoscopic appearance compared to baseline endoscopy were classified in four categories \[[@ref21],[@ref22]\] \[[Table 1](#T1){ref-type="table"}\]. Patients were classified in accordance to response to IFX therapy as shown in [table 2](#T2){ref-type="table"}. The ethical committee of the participating hospitals approved the study. Research was carried out according to Helsinki Convention (1975) and written inform consent was obtained in advance from each patient.
######
Grading of endoscopic mucosal lesions \[[@ref21],[@ref22]\]
######
Classification of the study population due to response to infliximab therapy
Genotyping {#sec2-2}
----------
Genomic DNA from whole blood containing EDTA was extracted using standard techniques (NucleoSpin Blood kit, Macherey-Nagel, Germany). All polymerase chain reactions (PCRs) were run under conditions previously described \[[@ref23]\]. Primer sequences for the gene polymorphism at --308 were forward 5′-GGG ACA CAC AAG CAT CAA GG-3′ and reverse 5′-GGG ACA CAC AAG CAT CAA GG-3′, for the polymorphism at −238 forward 5′-ATC TGG AGG AAG CGG TAG TG-3′ and reverse 5′-AGA AGA CCC CCC TCG GAA CC-3′. The PCR products were digested at 37 °C with NcoI to detect the SNP in the −308 gene allele and MspI to detect the polymorphism of the −238 nucleotide. The -857 C/T polymorphism was analyzed by allele-specific PCR method24 using the primers TNF857-C: 5′-aag gat aag ggc tca gag ag-3′, TNF857-N: 5′-cta cat ggc cct gtc ttc g-3′ and TNF857-M: 5′-t cta cat ggc cct gtc ttc a-3′. The --158V/F polymorphism of FcγRΙΙΙA gene was detected as described by Leppers-van de Straat et al \[[@ref25]\] using the primers 5′-CTG AAG ACA CAT TTT TACT CC CAA (A/C)-3′ and 5′-TCC AAA AGC CAC ACT CAA AGA C-3′. The PCR products were then subjected to 3% agarose-gel electrophoresis. "No target" controls were included in each PCR batch to ensure that reagents had not been contaminated.
Statistical Analysis {#sec2-3}
--------------------
Genotype frequencies were compared with the chi-square with Yate's correction using S-Plus (v. 6.2Insightful, Seattle, WA). Odds ratios (ORs) and 95 confidence intervals (CIs) were obtained with GraphPad (v. 3.00, GraphPad Software, San Diego, CA). The p values are all two-sided. Correction for multiple testing was not applied in this study. *P* values of \< 0.05 were considered to be significant.
Results {#sec1-3}
=======
Patient demographic and clinical characteristics are given in [Table 3](#T3){ref-type="table"}. There were 68 (64.15%) complete responders, 25 (23.58%) partial responders and 13 (12.26%) non responders to IFX in this study. There were no statistical differences in the mean age, gender, disease duration, location and behavior and smoking habits between complete or partial responders and primary non-responders. There was no disagreement between HBI scores and serum CRP levels. Although, the post-treatment CRP levels were significantly lower in complete responders compared to partial and non-responders, the decrease in CRP levels did not differ significantly between the three groups. Post-treatment CRP levels and mean HBI score were significantly lower in complete responders compared to pre-treatment values in contrast to partial and/or non-responders where the CRP levels and the mean HBI score did not differ significantly.
######
Demographic, clinical and biological characteristics of the study population
The -238 G/A, -308 G/A, and -857 C/T polymorphisms of the TNF gene and the -158 V/F polymorphism in the *FcγRΙΙΙA* gene were successfully determined in all subjects. The genotype distribution in complete, partial and non-responders were presented in [Table 4](#T4){ref-type="table"}. No significant difference was observed for the polymorphism tested. In addition, although there may be genetic differences in early (paediatric)-onset and late (adult)-onset CD we were unable to detect any such differences although the number of paediatric patients included in the current study did not allow firm conclusions.
######
Genotype frequency in complete responders, partial responders and non responders
In the present study, we could not correlate the decrease in serum CRP levels with the genotypes tested in any particular group of patients since in most of the cases serum CRP levels dropped by more than 25% after 12 weeks of treatment. However, no significant decrease in CRP was observed between the TNF genotypes tested. Regarding the -158 V/F polymorphism in the *FcγRΙΙΙA* gene, the relative decrease in serum CRP levels was greatest in VV homozygotes (78.15 ± 33.68%) and lowest in FF homozygotes (69.84 ± 28.7%) but this difference was not significant. Due to the small number of cases we did not stratify the genotype frequencies according to age.
Discussion {#sec1-4}
==========
The mechanism of IFX action in IBD seems to be multifactorial and the response to IFX is a complex phenomenon influenced by several parameters \[[@ref1]\]. Interestingly, a certain proportion of patients do not respond to IFX at all whereas a significant proportion will lose response over time \[[@ref3]-[@ref7]\]. This is the first Greek study aiming at identifying any significant associationbetween the -238 G/A, -308 G/A, and -857 C/T polymorphisms in the promoter region of the TNF gene and the -158V/F polymorphism in *FcγRΙΙΙA* gene and response to IFX in a cohort of adult and paediatric patients with CD and it was negative.
Efficacy of IFX was assessed by clinical, serological and endoscopic parameters. Clinical response to IFX was evaluated using the HBI, which has been used in many clinical trials, is simple to use and has shown good correlation with the Crohn's Disease Activity Index (CDAI) \[[@ref26]\]. Serological evaluation of response to IFX was based on changes in serum levels of CRP, which has shown a good correlation with clinical activity and to a certain degree with endoscopic activity of CD \[[@ref27]\]. Finally, endoscopic activity of disease was assessed before and after IFX therapy using a simple description of healing of ulcerative and non ulcerative lesions \[[Table 1](#T1){ref-type="table"}\] as has been previously described \[[@ref21],[@ref22]\]. Endoscopic healing was assessed after 12-20 weeks of IFX treatment. It is conceivable that 12 weeks may be early to assess mucosal healing induced by biologic therapies \[[@ref27]\] but the vast majority of patients underwent endoscopy at least 16 weeks after initiation of IFX therapy (average time 17.6 weeks) and therefore it is unlikely that we have not obtained an objective view of the intestinal mucosal at follow up ileocolonoscopy.
Regarding the *TNF* genotypes, our results are in agreement with Louis et al \[[@ref11]\] who did not find any significant difference between response groups when genotyped CD patients for the TNF -308G/A polymorphism and compared response rates after IFX treatment. The same results were reported by Mascheretti et al \[[@ref10]\] and Dideberg et al \[[@ref13]\]. Moreover, our results are in agreement with Tomita et al \[[@ref28]\] who reported no significant difference on *TNFa*, *FcgammaRIIA* and *FcgammaRIIIA* between responders and non responders 8 weeks after IFX treatment as well as with results of ACCENT I study where the relative decrease in serum CRP levels after IFX treatment was greatest in -158 VV homozygotes and lowest in FF homozygotes \[[@ref18]\]. In contrast, Louis et al \[[@ref17]\] observed a significant association between the -158V/F polymorphism in *FcγRΙΙΙA* and both the proportion of patients who had a drop in serum CRP levels after IFX treatment and the magnitude in decrease of serum CRP levels. This may account for the relatively small population of patients in our study, genetic differences in the studied populations and/or methodological differences between studies.
Although it would be useful to genetically differentiate 'responders' from 'non-responders', there are not enough data on TNF polymorphisms in IBD and often only selected polymorphisms are genotyped. Small studies have shown possible associations between poor response to IFX and increasing mucosal levels of activated NF-kappaB, homozygosity for the polymorphism in exon 6 of TNFR2 (genotype Arg196Arg), positivity for perinuclear antineutrophil cytoplasmic antibodies and with the presence of increased numbers of activated lamina propia mononuclear cells producing interferon-gamma and TNFa \[[@ref29]\].
In conclusion, our study did not detect any associations between three TNFα gene polymorphisms or the -158 V/F polymorphism in the *FcγRΙΙΙA* gene and response to IFX in CD. However, in view of discrepant results in the literature large-scale pharmacogenetic studies in different populations, with similar baseline disease phenotypes and treatment protocols are needed to adequately estimate associations between genetic polymorphisms and treatment outcomes.
Conflict of interest: None
^a^Evangelismos Hospital, ^b^Laboratory of Biology, School of Medicine, ^c^1^st^ Department of Pediatrics, School of Medicine, University of Athens, Greece
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---------------------- Forwarded by Benjamin Rogers/HOU/ECT on 10/19/2000
03:13 PM ---------------------------
[email protected] on 10/18/2000 06:18:51 PM
To: [email protected]
cc:
Subject: (no subject)
Ben-
This is a lengthy info/doc request - please give me feedback on how best we
can close the loop.
Thanks
Susan Flanagan
- DocReq 001013b.doc |
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